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HomeMy WebLinkAboutReel 1324 (3/21/1994 - 4/03/95)1 REGUI~R WEEKLY SESSION ...... ROANOKE CITY COUNCIL March 21, 1994 2:00 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, March 21, 1994, at 2:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular Meettnqs, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William White, Sr., John S. Edwards, James G. Harvey, II, Delvls O. McCadden, Howard E. Musser and Mayor David A. Bowers ............................................ 6. ABSENT= Council Member Elizabeth T. Bowles ................. 1. OFFICERS PRESENT: James D. Rltchie, Sr., Assistant City Manager~ Wllburn C. Dibling, Jr., City Attorney~ James D. Grisso, Director of Finance~ and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend Noel C. Taylor, Pastor, High Street Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT-SCHOOLS: offered the following resolution: ACTION: Mr. Musser (%31917-032194) A RESOLUTION commending and congratulating the William Fleming High School for an outstanding season, culminating in the team'a second place finish in the State AAA Boys Basketball Championship. (For full text of Resolution, see ~esolution Book No. 55, page 4.) Mr. Musser moved the adoption of Resolution No. 31917-032194. The motion was seconded by Mr. McCadden and adopted by the following vote: ACTION= AYES: Council Members White, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... NAYS: None ....................................... O. (Council Member Bowles was absent.) The Mayor presented Charles W. Day, Chairperson of the Roanoke City School Board, Alyce P. Szathmary, Principal of William Fleming High School, and Burrall Paye, Head Boys Basketball Coach, with a ceremonial copy of Resolution No. 31917-032194. ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Mr. Edwards offered the following resolution commending and congratulating Dominick Mlllner, a senior at William Fleming High School, in recognition of placing second in the National scholastic Indoor Track and Field Championships, with a long Jump of 24 feet 3 inches: (%31918-032194) A RESOLUTION conuaending and congratulating Dominick Mlllner, a senior at William Fleming High School, for his outstanding athletic achievements. (For full text of Resolution, see Resolution Book No. 55, page 5.) Mr. Edwards moved the adoption of Resolution No. 31918-032194. The motion was seconded by Mr. Musser and adopted by the following vote= AYES: Council Members White, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS= None ....................................... 0. (Council Member Bowles was absent.) The Mayor presented Mr. Mlllner, Charles W. Day, Chairperson of the Roanoke City School Board, Al¥ce P. Szathmary, Principal of William Fleming High School, and Coach Rudy Dillard with a ceremonial copy of Resolution No. 31918-032194. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if ACTION: ACTION: discussion was desired, that Item would be removed from the Consent Agenda and considered separately. He called specific attention to a request for an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council. MINUTES: Minutes of the Joint meeting of Council and the School Board held on Monday, January 3, 19941 and the regular meetings of Council held on Monday, January 3, 1994, Monday, January 10, 1994, Tuesday, January 18, 1994, and Monday, January 24, 1994, were before the body. (For full text, see minutes on file in the City Clerk's Office.) Mr. McCadden 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 White, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Bowles was absent.) COUNCIL= A com~unication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointedbyCouncll, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. McCadden moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relatl:,g 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 byMr. Musser and adopted by the following vote: AYES= Council Members White, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... NAYS= None ....................................... 0. (Council Member Bowles was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS= BUDGET-TOTAL ACTION AGAINST POVERTY-ASBESTOS REMOVAL-HENRY STREET REVIVAL COMMITTEE-VIRGINIA TECH- HOTEL ROANOKE CONFERENCE CENT~R: Wendy R. Jacobson, Associate Professor, Virginia Polytechnic Institute and Skate University, introduced Trenda Carter-Leavitt and Randall Grumbine, students of the College of Architecture and Urban Design, to present the results of a revitalization strategy of the Henry Street area that Virginia Tech students were requested to undertake bythe Henry Street Revival Committee. She explained that the project involved a three month process which consisted of a background analysis of the history and culture of Henry Street and the surrounding area, as well as an examination of current land use, public space and built form characteristics. She stated that students held consultations with representatives of the Gainsboro community, City Administrators and members of the Henry Street Revival Committee, which led to the development of a concept proposal that will be presented in three components, i.e., (1) land use of economic qenerators~ (2) public space network~ and (3) built form characteristics. She encouraged Council Members to think of the report as a concept that will provide options for consideration and as a point of departure for a much more comprehensive and rigorous planning and design process that will involve members of the Gainsboro community, local business interests, City staff and administrators. Mr. Grumblne presented slides encompassing the Henry Street area in downtown Roanoke. He stated that the fact that Henry Street was the center, or hub, for black culture and Jazz music prior to desegregation is a well- documented fact~ that the topographic area is significant inasmuch as Henry Street is located on a hill and looks out to the Blue Ridge Mountains beyond and to the downtown City Market area below, and in general, streets run north/south, and avenues run east/west, with a secondary system of alleys that move services off the main streets to the interior of the block. He added that long, narrow lots are typical~ that the neighborhoods are significant with porches located close enough to the sidewalks and linked by small stretches of front yard which enables communication from the porch to the sidewalk~ and over time, the streets and sidewalks have developed as the main thoroughfare of public space tn and around Galnsboro, which remains prevalent today. He stated that using these characteristics, the study team derived principles and objectives to establish design guidelines for future development. He noted that with the revitalization of the Henr~ Street Music Center, the framework is in place for a long-term connection to the historic past of the street which is an important fact to remember in any redevelopment scheme~ and commercial establishments that develop along Henr~ Street should address an array of needs to satisfy visitors and residents alike. He pointed out that Henry Street is conveniently located among economic generators including the downtown City Market, Hotel Roanoke, Harrison Museum of African-American Culture, Civic Center, and Virginia Museum of Transportation and this central location Is an important factor In any future location because it will interact with those areas, therefore, any program to be undertaken should complement and not compete with those generators. He stated that it is appropriate to include members of the community on the redevelopment team because the support and blessing of the community will be crucial to the long-term success of the project. He advised that students from the Virginia Tech Urban Design Planning Department conducted a survey of Gainsboro residents, and in addition to basic commercial needs, the community articulated certain other needs and wants that should be considered in a redevelopment program. In connection with surrounding block areas, he stated that the Study Team saw different needs, and called attention to the Henry Street Heritage Festival which is held each year to celebrate the African-American culture, with Gainsboro residents in attendance, and provision of space for this function to continue to occur is vitally important. He added that recycling existing businesses where possible is recommended, and referred to ~e Norfolk and Western Tower which is both architecturally and symbolically significant as well to the City's history and reliance on the railroad, and the same can be said for the Ebony Club. He further stated that there is the opportunity for highly skilled jobs in and around Henry Street which may be different from those Jobs found on Henry Street itself that pay above minimum wages. He added that once the Study Team developed principles and objectives, design concepts were developed which represent opinions or ideas that could drive a redevelopment strategy, advising that first and foremost on Henry Street itself is the opportunity for entrepreneurship, or small business development, whether it be a barber shop, video store, etc., and it is envisioned to have a street that is dynamic and full of activity, and when coupled with the Music Center and a revitalized Ebony Club, an excellent formula for success will exist. He stated that there has been discussion about establishing a professional office park in certain existing residential units, and the Study Team supports that concept. He explained that Wells Avenue access is seen as linking the expanded downtown to the residential fabric that lies beyond; and the Study Team identified the Norfolk & Western Tower as being potentially revitalized for new use which would require further economic study and analysis. He stated that the City's past is built on transportation, and the Study Team envisioned the ability to utilize a new form of transportation -- the American Information Highway, which strateg~ would utilize Roanoke's most valuable resource -- its people. He further stated that Roanoke has established a reputation as a training work force in the tele-marketlng field and reports suggest that this field will double in size over the next five years, creating over five million new Jobs, and Roanoke is entitled to its fair share of these new positions. In explanation, he advised that recently there has been considerable discussion with regard to hardware and software for the American Information Highway, and the Study Team leans more toward a company that would be able to teach other companies how to market their product by calling upon expertise that already exlsts in the Roanoke area; therefore, it is proposed that a profit venture be located in the Norfolk & Western lower tower that would be lured to the facility by the adjacent function of a Job retraining and high-tech research facility. He stated that high-tach research could be for-profit or public depending upon whether or not institutions in the area would like to participate. He explained that with the current atmosphere of corporate restructuring, this building would address the need to retrain a middle age work force, and in addition, would be in sync with President Clinton's mandate that one and one-half per cent of the payroll be used to retrain the work force; and would also tie in well with the Hotel Roanoke Conference Center. Re advised that with current activity, there is an opportunity for tourism in and along Henry Street, and referred to the Henry Street Music Center, the Ebony Club and a museum that could be a part of the Convention Center which would enable tourists to gain an understanding of the City's past. Me. Carter-Leavitt presented details outlining how the progr~ would develop, advising that currently existing on Henry Street are empty lots, buildings, and boarded up buildings, many of which have been overtaken by vegetation~ however, in the surrounding neighborhoods, there is obviously a sense of care and pride in the Gainsboro neighborhood, which is evidenced through front yard treatment and care of homes. She called attention to numerous existing textures and facades that could be brought out in a redevelopment strategy to utilize the connection to the past, advising that there are several active churches in and around the Galnsboro neighborhood, with members of the congregation driving many miles to attend services, which could act as a viable economic generator for businesses in and around Henry Street, and also serve as evidence of the connection that citizens continue to feel toward Henry Street. She advised that public space has become one of the more important elements of redevelopment strategy, and public streets are a primary facet of public space which, in turn, become the arterials that will bring people into the Henry Street area. She stated that Henry Street itself should receive special attention, with distinctive signage and awnings that would be indicative of that area only to help portray the character of the street and a sense of place, with special treatments to harken back to a past era. She added that the Study Team recommends a plaza area to be located directly adjacent to redevelopment proposals for the former Norfolk & Western building which will help draw people to the Hotel RoanoKe Conference Center and to Henry Street, and thereby make Centre Avenue itself one of the more important pedestrian arterials to attract visitors to Henry Street. She noted that another element of public space would be a formal courtyard that could serve a formal entryway into the Henry Street area~ that it ~ that parking take proposed place in stages with the first stage to occur on Henry Street because when citizens observe parked cars in the area, a sense of activity and liveliness will occur. She addressed built form which is recommended to complement existing structures such as the existing Ebony Club and the Henry Street Music Center, and suggested that any proposal should complement existing structures so that facades will be varied, but with signage and awnings that will be characteristic of the entire street. She added that a means of achieving this redevelopment would be to proceed in stages, advising that currently existing on Henry Street is the former Norfolk & Western building, the Ebony Club and the revitalized Henry Street Music Center, all of which portray what the future can hold for 8 Henr~ Street} but presently Henry Street consists of empty parking lots and vacant lots. She stated that for the first phase of development, construction sites at the intersection of Wells Avenue and Second Street are recommended, which initially will serve as the main arterials into the downtown area. Mr. Musser inquired if the recommendations of the Study Team will besummarized in written form} whereupon, Professor Jacobson advised that the Study Team has compiled a su~aryof their presentation and slides will be made available to City staff. Dr. Noel C. Taylor, Chairperson of the Henry Street Revival Committee, appeared before Council and presented a report of the Committee reviewing accomplishments that have occurred in the Henry Street area over the last ten years. He stated that until recently, there was little incentive for new businesses to locate or invest in the Henry Street area~ however, with renovations of the Hotel Roanoke and a new Conference Center a short distance away and with pending improvements to Wells Avenue and Second Street, Henry Street Is once again becoming attractive for new businesses and related activities. He added that public improvements such as appropriate historical lighting, new sidewalks and street trees are needed to help make the Henry Street area more appealing for prospective new businesses and investors, to help make the area more attractive for existing residents and visitors passing through~ and to tie in the Henry Street area, both physically and visually, with the surrounding neighborhood and other major development projects planned or under construction in the area. On behalf of the Committee, Dr. Taylor requested Community Development Block Grant funding to enable development of the necessary architectural plans and renderings in order to guide the installation of needed public improvements, advising that the funds which are requested, $200,000.00, were previously approved for public improvements in the Henry Street area, but were loaned to Total Action Against Poverty to assist with asbestos abatement of the Dumas Hotel, however, the funds are now needed to continue the revitalization of Henry Street. (For full text, see report on file in the City Clerk's Office.) ACTION: Dr. Taylor advised that with funding in place for the Hotel Roanoke and Conference Center, the skywalk, Wells Avenue improvements, and Second Street widening, the land in and around the Henry Street area Is one of the most valuable parcels of real estate anywhere in the City of Roanoke. He stated that Norfolk Southern Railway tracks run through downtown Roanoke and what happens on that side of the railroad tracks will be important insofar as the future progress and development of the City of Roanoke. Council Member Harvey inquired as to the status of the $200,000.00 loan made to Total Action Against Poverty~ whereupon, the Assist~nt City Manager advised that approximately one year ago, an extension was granted to TAP for repayment of the loan, and he would research the matter and report to Council accordingly. Without obJection byCouncil, the Mayor advised that the remarks of Dr. Taylor, Professor Jacobson, Mr. Grumblne and Ms. Carter-Leavitt would be received and filed. Mr. Harvey moved that the City Manager be requested to report to Council within two weeks as to the status of repayment of $200,000.00 of Henry Street Revitalization funds previously loaned to Total Action Against Poverty for asbeetos abatement at the Dumas Hotel~ and that the City Manager further be requested to report to Council as expeditiously as possible with regard to the request of the Henry Street Revival Committee for reinstatement of the $200,000.00 to be used, In part, to fund architectural renderings for needed public improvements to the Henry Street area. The Motion was seconded byMr. Musser and adopted. Mr. Harvey encouraged the City Manager to report to Council by June 30, 1994, so that he and Mr. Musser would have an opportunity to participate in the vote. Mr. Musser offered the following resolution: (%31919-032194) A RESOLUTION commending and expressing appreciation to faculty and students of the College of Architecture and Urban Studies of Virginia Polytechnic Institute & State University for their valuable services in preparing a revitalization strategy for the Henry Street area within the City of Roanoke. (For full text of Resolution, see Resolution Book No. 55, page 6.) 10 ACTION= ACTION: Mr. Musser moved the adoption of Resolution No. 31919-032194. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... O. (Council Member Bowles was absent.) PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting that Council appropriate $8,550.00 for the 1994 Western Virginia Regional Science Fair which is being hosted by Roanoke City, with other school districts contributing toward the cost, was before the body. A report of the Director of Finance recommending that Council concur in the request of the School Board, advising that the grant is funded with contributions and a local match of $1,800.00, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#31920-032194) AN ORDINANCE to amend and reordain certain sections of the 1993-94 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 55, page 8.) Mr. White moved the adoption of Ordinance No. 31920- 032194. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Edwards, Harvey, M¢Cadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Bowles was absent.) REPORTS OF OFFICERS: 11 CITY MAN&GER~ BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTIONz BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that the Rental Rehabilitation Program assists in the rehabilitation of older existing substandard multi-family properties in neighborhoods of the Clty~ that the City has made funds available for a portion of the rehabilitation from HOME, Community Development Block Grant, and other Federal funds~ and at certain times, the funds were supplemented by additional allocations from the State or the Virginia Housing Development Authority. It was further advised that the Virginia Department of Housing and Community Development has allocated $250,000.00 from the Virginia Housing Partnership Fund to the City for the -Rehabilitation Loan Program" for small rental properties through December 31, 1994, pursuant to the following terms: four per cent interest, to property owners} properties will be properties; State funds $2,500.00 for rehabilitation} 15-year loan directly 1-10 unit rental to $15,000.00 per unit funds of the State must be matched dollar for dollar from Community Development Block Grant or HOME funds of the Clty~ and units must be rented to iow-moderate income tenants (60 per cent of median family income, $21,120.00 for a family of three) for ten years or the term of the loan. It was explained that State funds will be matched with an equal amount, $250,000.00, from the City's HOME allocation~ that financing to the property owner for rehabilitation would then be one-half loan from the State, one-half grant from the Roanoke Redevelopment and Housing Authority from City HOME funds~ that $250,000.00 of the City's HOME funds require a 12 1/2 per cent, or $31,250.00 "local" match, which will be provided by the 12 low interest rate funds of the Virginia Housing Partnership Fund~ and implementation of the Program · requires the following= execution of an Administrative Agreement with the Virginia Department of Housing and Community Development to accept the $250,000.00 allocation of Virginia Housing Partnership Fund~ execution of an amendment with the Roanoke Redevelopment and Housing Authority for administration of the Program on the City's behalf~ and allocation of $250,000.00 of HOME funds to match Virginia Housing Partnership Fund funds. The Clty Manager recommended that Council authorize the following actions: execution of an Administrative Agreement with Housing and form to be accepting the of Housing of the Rental the Virginia Department of Community Development, in a approved by the City Attorney, allocation of $250,000.00 Partnership funds in support Rehabilitation Program~ (For Office.) amendment of the 1993 HOME program description to transfer $200,300.00 from Rehabilitation of Owner-Occupied Houses, Account No. 035-052- 5301-5230, and $49,700.00 from Assistance to First-Time Homebuyers, Account No. 035-052- 5301-5231, to an account to be established by the Director of Finance for the Rental Rehabilitation Program~ and execution of an amendment to the HOME contract with the Roanoke Redevelopment and Housing Authority, in a form to be approved by the City Attorney, for administration of the Program. full text, see report on file in the City Clerk's Mr. Musser offered the ordinance: following emergency budget 13 (931921-032194) AN ORDINANCE to amend and reordel~ certain sections of the 1993-94 Grant Funa Appropriations, and providing for an emergency. (For full text of Ordinance, see ordinance Book No. 55, ACTION= ACTION= page 9.) Mr. Musser moved the adoption of Ordinance No. 31921-032194. The motion was seconded by Mr. Edwards and adopted by the following vote= AYES= Council Members White, Edwards, McCadden, Musser and Mayor Bowers ................................ 5. NAYS= None ....................................... 0. (Council Member Harvey was out of the Council Chamber.) (Council Member Bowles was absent.) Mr. Musser offered the following resolution= (#31922-032194) A RESOLUTION authorizing the City Manager to execute an Administrative Agreement with the Virginia Department of Housing and community Development for the Rental Rehabilitation Program. (For full text of Resolution, see Resolution Book No. 55, page 10.) Mr. Musser moved the adoption of Resolution No. 31922-032194. The motion was seconded by Mr. Edwards and adopted by the following vote= AYES= Council Members White, Edwards, McCadde~, Musser and Mayor Bowers ................................ -' NAYS= None ....................................... 0. (council Member Harvey was out of the Council Chamber.) (Council Member Bowles was absent.) Mr. Musser offered the following resolution= (%31923-032194) A RESOLUTION authorizing the execution of an amendment to the HOME contract with the Roanoke Redevelopment and Housing Authority for administration of the Rental Rehabilitation Program, and amending the 1993 HOME program description. (For full text of Resolution, see Resolution Book No. 55, page 11.) 14 ACTION: Mr. Musser moved the adoption of Resolution No. 31923-032194. The motion was seconded byMr. Edwards and adopted by the following vote: AYES: Council Members White, Edwards, McCadden, Musser and Mayor Bowers ................................ 5. NAYS: None ....................................... 0. (Council Member Harvey was out of the Council Chamber.) (Council Member Bowles was absent.) TRAFFIC-FIRE DEPARTMENT-EMERGENCYMEDICALSERVICES- EQUIPMENT: The City Manager submitted a written report advising that the Emergency Vehicle Traffic Signal Preemption Program (OPTICOM) consists of mechanisms that enable emergency vehicle operators to temporarily gain control of any traffic signal that is equipped with OPTICOM; that when activated, the emergency vehicle is given a green light along the emergency response route, which results in a more effective, reliable, and safer priority movement of emergency vehicles at signalized intersections~ that if a signal is already green, the traffic control unit holds the green light until the emergency vehicle clears the intersection; and if the signal display is red, the OPTICOM system directs the traffic signal control unit to provide a green light, thus clearing stacked up traffic, before the emergency vehicle arrives at the intersection. It was further advised that the City of Roanoke began using OPTICOM in 1986, and it is anticipated that OPTICOM will be in place at 84 of the City's 131 traffic signals by the end of 1993, with plans to continue installing OPTICOM at virtually all of the City's traffic signals; that fire trucks are presently the only City emergency vehicles equipped with OPTICOM devices which are needed to gain control of traffic signals; and while the OPTICOM system is most beneficial for fire trucks due to their size and limited maneuverability, it has become apparent that the OPTICOM system is also appropriate for rescue vehicles. It was explained that on December 21, 1993, the Tow~ of Vinton adopted a reciprocal agreement which would allow fire and rescue vehicles to utilize OPTICOM traffic signal preemption equipment in either Jurisdiction; that the Town of Vinton requested that the City of Roanoke enter into an agreement with the Town of Vinton that would allow Vlnton First Aid Crew vehicles to utilize OPTICOM signal emitters to control traffic signals within 15 the City's corporate limits during emergency rescue runs~ that on January 11, 1994, Roanoke County adopted a similar reciprocal agreement which would allow fire and rescue vehicles to utilize OPTICOM traffic signal preemption equipment in either jurisdiction~ and Roanoke County requested that the City of Roanoke enter into an agreement with Roanoke County which would allow Roanoke County's fire and emergency medical service vehicles to utilize OPTICOM signal emitters to control traffic signals within the City's corporate limits during emergencies. The City Manager pointed out that Roanoke County has equipped nine of its traffic signals, four fire vehicles and two emergency medical service vehicles with traffic preemption equipment identical to that used by the City of Roanoke~ that emergency responses by Roanoke County emergency equipment would primarily involve major routes through the City to access Roanoke Memorial Hospital, Community Hospital, and moving from one area of Roanoke County to another area of the County via Roanoke City, which will include Franklin Road, Roy Webber Expressway, Elm Avenue, Brambleton Avenue, Wllliamson Road and Orange Avenue~ that the City of Roanoke, by reciprocal a reement desires to be able to use its OPTICOM ~i~ment' to oain control at Roanoke County's si~nal~ ~l~g the fe~ incidents that %re %lk~y2~.o~ie~~ primary routes through RoanoKe counny Dy ~u~ =m=~ x equipment will primarily involve Route 419 between the intersections of Franklin Road and Melrose Avenue. It was advised that Roanoke City and the Town of Vinton already have a reciprocal agreement for fire trucks only~ that the Roanoke City Department of Emergency Medical Services is in the process of equipping nine vehicles (seven ambulances, one cras~ .t~u~k.and ~ne emergency medical services supervisor's vehicle) in orae~ to use the OPTICOM traffic signal preemption system~ ana agreements, including mutual indemnification and hold harmless clauses, will need to be developed by the staffs of Roanoke City, Roanoke County and the Town of Vlnton to be authorized by the three governing bodies. The City Manager recommended that he. be authorized to enter into an agreement, in a form to De approvea Dy the City Attorney, which would grant permission to Roanoke County s fire and rescue vehicles and the Town of Vlnton's rescue vehicles to make use of its OPTICOM equipment at Roanoke City traffic signals, subject to a 16 ACTION: reciprocal agreement granted by the Roanoke County Board of SuperviSOrS and the Vinton Town Council, as well as all necessary inde~hnlfications- (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following resolution= (%31924-032194) A RESOLUTION authorizing a Reciprocal Agreement between the City of Roanoke, Roanoke County and the Town of Vlnton providing for certain of Roanoke County'S fire and rescue vehicles and the Town of Vinton's rescue vehicles to utilize the traffic signal preemption equipment with the City of Roanoke. (For full text of Resolution, see Resolution Book No. 55, page 12.) Mr. Edwards moved the adoption of Resolution No. 31924-032194. The motion was seconded by Mr. Musser and adopted by the following votes AYES~ Council Members White, Edwards, NcCadde~, Musser and Mayor Bowers ................................ NAYS= None ....................................... 0. (Council Member Harvey was out of the Council Chamber.) (Council Member Bowles was absent.) BUDGET-TRAFFIC-PUBLIC WORKS-CMERP-EQUIPMENT: The City Manager submitted a written report advising that goals of the Traffic Engineering Division include the maintenance of City traffic signs to help Insure vehicle and pedestrian safetyl that in any one year, the Traffic Engineering Division's Sign Shop fabricates up to 5,000 new traffic signs which include signs needed to replace those missing or damaged, new signs for improved traffic control and signs for driver informationl and time needed to produce certain signs can require as much as 30 minutes each for signs that are currently hand-lettered which includes specialty signs for traffic advisories that are frequently needed to warn motorists of road work and street name signs that are frequently vandalized or stolen. It was further advised that an automatic sign making system provides computerized ability to prepare sign layouts which would reduce the time necessary to fabricate a sign to a fraction of the time it takes 17 manually~ and after due and proper advertisement, three bids were received and reviewedbya selection committee, with the low bid having been submitted by Magnetek General Neon, In the amount of $18,500.00. The City Manager recommended that Council approve the following actions: issue a purchase order to Magnetek General Neon, in the amount of $18,500.00, to furnish, deliver and install one new automatic sign making system at the City's Public Works Service Center~ transfer $18,500.00, from the Capital Maintenance and Equipment Replacement Program (CMERP) to Traffic Engineering, Account No. 001-052-4160-9015~ and reject all other bids received by the City. see report on file In the City Clerk's (For full text, Office.) Mr. White ordinance: offered the following emergency budget (#31925-032194) AN ORDINANCE to amend and ~eor~ certain sections of the 1993-94 Genera~ ~unu Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 55, page 13.) ACTION: Mr. White moved the adoption of Ordinance No. 31925- 032194. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members White, Edwards, McCadde~, Musser and Mayor Bowers ................................ NAYS: None ....................................... 0. (Council Member Harvey was out of the Council Chamber.) (Council Member Bowles was absent.) Mr. White offered the following resolution: 18 ACTION= (#31926-032194) A RESOLUTION accepting a bid made to the City for furnishing, delivering and installing one new automatic sign making system at the Public Works Service Center} and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 55, page 14.) Mr. White moved the adoption of Resolution No. 31926-032194. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members White, Edwards, McCadden, Musser and Mayor Bowers 5. NAYS: None ....................................... 0. (Council Member Harvey was out of the Council Chamber.) (Council Member Bowles was absent.) TRAFFIC-SEWERS AND STORM DRAINS-BUDGET-PARKS AND RECREATION-REFUSE COLLECTION-PUBLIC WORKS-SNOW REMOVAL: The City Manager submitted a written report advising that major snow and ice storms occurred in the Roanoke Valley on December 20, 25, and 27, 1993, January 3, 17, and 28~ 1994, February 10, 1994 and March 3, 1994, which deposited approximately 28 inches of snow and ice accumulation at the Roanoke Regional Alrport~ that depletion of salt supplies after the January 17, 1994, snow storm resulted in the utilization of 904 tons of abrasives on City streets during the storms that occurred on January 28, February 10 and March 3, 1994~ and major ice storms that occurred on February 10 and March 3, 1994, caused extensive tree damage on private properties and public rights-of-way. It was further advised that City employees continue to struggle with clean-up efforts caused by abrasives on streets and sidewalks, tree debris along the rights-of- way and in City parks, and associated accumulation of litter and bulk items on City streets, alleys and public properties~ that crews are also addressing normal seasonal assignments of ball field preparation and patching potholes, while other crews attempt to deal with storm debris and bulk items that accumulated along roadsides and alleys while the City was dealing with snow and ice storms; and all personnel are working extra hours daily and on weekends to address the clean-up efforts. 19 It was explained that approximately 31,895 hours of regular time and 13,395 hours of overtime has been, or will be, expended, at an estimated salary cost of approximately $461,381.00~ that with the efforts of City crews, it is anticipated that all debris clean-up will be completed within four weeks, weather permitting~ that severe weather and required clean-up efforts has, or will, cause approximately 28,677 hours of regular time normally spent on patching potholes, picking up litter, preparing ball fields, landscape planting and maintenance, removing bulk items and cleaning alleys, etc., to be delayed beyond normal schedule~ and the patience and cooperation of citizens will allow the City to complete the clean-up expeditiously, while continuing to provide the high level of services that is expected. The City Manager explained that approximately 3,384 tons of rock salt and abrasives have been used on City streets and bridges at a value of more than $100,268.00~ that it would be necessary to purchase approximately 2,000 tons of rock salt to fully replenish salt supplies, at a cost of approximately $74,000.00~ that rental equipment has or will operate more than 1,056 hours, at an estimated cost of $19,000.00~ and total cost to the City for snow/ice abrasives, chemicals, tree and other debris removal efforts during the winter season is estimated at $580,649.00. The City Manager recommended that Council authorize the transfer of $173,952.00 from General Fund Contingency, Account No. 001-002-9410-2199, $25,000.00 in salary lapse funds from Account No. 001-052-4330-1002, and $75,000.00 in salary lapse funds from Account No. 001-052-4340-1002, to the following accounts: Solid Waste Management Solid Waste Management Solid Waste Management Solid Waste Management Solid Waste Management Solid Waste Management Streets and Traffic Streets and Traffic Parks and Grounds Parks and Grounds 001-052-4210-1003 001-052-4210-1004 001-052-4210-1120 001-052-4210-3070 001-052-4211-1003 001-052-4211-1120 001-052-4110-1003 001-052-4110-1120 001-052-4340-1003 001-052-4340-1004 30,059.00 9,506.00 3,027.00 19,000.00 8,872.00 620.00 18,000.00 1,377.00 30,298.00 19,412.00 20 ACTION: Parks and Grounds Snow Removal Snow Removal Snow Remeval 001-052-4340-1120 001-052-4140-1003 001-052-4140-2045 001-052-4140-1120 Total 3,803.00 52,000.00 74,000.00 3t978.00 $273,952.00 (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: (#31927-032194) AN ORDINANCE to amend and reordaln certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 55, page 15.) Mr. McCadden moved the adoption of Ordinance No. 31927-032194. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members White, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Bowles was absent.) DIRECTOR OF FINANCE-CITYMANAGER-EMERGENCY SERVICES- MANAGEMENT AND BUDGET: The City Manager submitted a written report advising that Governor George F. Allen declared a State of Emergency to exist in the Commonwealth as a result of the ice storm of February 8, 1994; that subsequently, a Presidential Declaration for public aseistance only was received for the commonwealth of Virginia, with 63 localities in the State having been included in the Presidential Declaration; that the City's application is still pending, however, the Federal Emergency Management Agency (FEMA) has indicated that a decision should be made in the near future; that localities were included in the Declaration based on damage estimates and impact on the community; and the Declaration was due, in part, to costs incurred by the Virginia Department of Transportation. 21 It was further advised that the City's cost relative to the February ice stor~ Is estimated to be $550,000.00, which Includes approximately $350,000.00 for Roanoke City Schools; that certain of the expenses will not be eligible for reimbursement; that categories eligible for reimbursement include emergency measures, overtime, debris removal and permanent damage to buildings and streets; and the Federal Emergency Management Agency requires that certain designations be made by local governments in order to be eligible for Federal funding upon receipt of a Presidential Declaration of Emergency which includes Director of Emergency Services, fiscal agent and applicant's agent. The City Manager recomended that Council adopt a resolution affirming the following designations, effective January 1, 1994, to continue in full force until such time as changed by City Council for any future declaration of local emergency, State emergency or Presidential Declaration for which the City may become eligible for State and Federal assistance: W. Robert Herbert, City Manager, as Director of Emergency Services; James D. Grisso, Director of Finance, as the City's fiscal agent to receive, deposit and account for Federal and State funds; and Diane S. Akers, Budget Administrator, as the City's applicant agent for executing and submitting appropriate docu~entation and information regarding Federal and State reimbursement. (For full text, see report on file in the City Clerk's Office.) Mr. Musser offered the following resolution: (#31928-032194) A RESOLUTION authorizing emergency powers to the City Manager as director of emergency services during periods of emergency; authorizing the City Manager to make application for Federal and State public aid and assistance to deal with such emergencies; designating a fiscal agent and an agent for submission of financial information for the City; and calling upon Federal and State governments for assistance. (For full text of Resolution, see Resolution Book No. 55, page 16.) ACTION: ACTXON: Mr. Musser moved the adoption of 31928-032194. The motion was seconded and adopted by the following vote: Resolution No. by Mr. McCadden AYES: Council Members White, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Bowles was absent.) CITY ATTORNEY: CAPITAL IMPROVEMENTS PROGRAM-SCHOOLS: The City Attorney submitted a written report advising that on February 14, 1994, Council adopted a resolution authorizing the School Board for the City of Roanoke to expend funds for improvements to Wasena Elementary School and declaring the City's intent to fund or reimburse such expenditures; that the School Board further requested that Council approve application of a loan in the amount of $1.0 million from the State Literary Fund; and if approved, the loan will bear interest at the rate of four per cent per annum for 20 years. The City Attorney presented a resolution for consideration by Council which will authorize application for the loan. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (~31929-032194) A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Wasena Elementary School. (For full text of Resolution, see Resolution Book No. 55, page 18.) Mr. White moved the adoption of Resolution No. 31929-032194. The motion was seconded by Mr. Harvey and adopted by the following vote: m ACTION: AYES: Council Members White, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Bowles was absent.) REPORTS OF COMMITTEES: ZONING-INSURANCE-BRIDGES-CITY PROPERTY-INDUSTRIES- AIR RIGHTS-ROANOKE NEIGHBORHOOD PARTNERSHIP-STREETS AND ~T~.EYS: Council Member William White, Sr., Chairperson of a committee appointed by the Mayor to study the one bid received for lease of air rights over a portion of South Jefferson Street in the City of Roanoke, presented a written report on behalf of the Committee, recommending that Council accept the bid of Roanoke City Mills, Inc., the amount of a one-time fee of $750.00 for a 60 year lease, commencing April 8, 1994. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that the following ordinance be placed upon its first reading: (%31930) AN ORDINANCE authorizing a lease between the City of Roanoke and Roanoke City Mills, Inc., for lease of certain airspace over Jefferson Street in the City, for a term of sixty (60) years. (For full text of Ordinance, see ordinance Book No. 54, page 22.) The motion was seconded byMr. Harvey and adopted by the following vote: AYES: Council Members White, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Bowles was absent.) BUDGET-SEWERS AND STORM DRAINS-PIPE LINES/STORAGE TANKS-EQUIPMENT-WATER RESOURCES: Council Member william White, Sr., Chairperson of a committee appointed by the Mayor to tabulate bids received for construction of chemical storage tanks at the Water Pollution Control ACTION= Plant, 1402 Bennington Street, S. E., presented a written report on behalf of the Committee, recommending that Council approve the following actions: award a lump sum contract to Breakell, Inc., in the amount of $163,727.00 and 130 consecutive calendar days for completion of the work~ authorize the Clty Manager to enter into a contractual agreement, in a form to be approved by the City Attorney, with Breake11, Inc.~ appropriate the following funding to a capital account entitled, "WPCP - Chemical Storage Tanks" from Sewage Fund Retained Earnings= Contract Amount Project Contingency $163,727.00 12~273.00 Total $$176,000.00 approve withdrawal of the bid submitted by Acorn Construction, Ltd., due to a mathematical error~ and reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#31931-032194) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Sewage Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 55, page 19.) Mr. White moved the adoption of Ordinance No. 31931- 032194. The motion was seconded by Mr. Musser and adopted by the following vote: l! AYES= Council Members White, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS= None ....................................... 0. (Council Member Bowles was absent.) Mt. White offered the following emergency ordinance= ACTION= McCadden, Musser and Mayor Bowers ...................... 6. NAYS= None ....................................... O. (%31932-032194) AN ORDINANCE accepting the bid of Breakell, Inc., for construction of chemical storage tanks and related work at the Water Pollution Control Plant, upon certain terms and conditions, and awarding a contract therefor~ authorizing the proper City officials to execute the requisite contract for such work~ rejecting all other bids made to the City for the work~ and providing for an emergency. (For full text of ordinance, see Ordinance Book No. 55, page 20.) Mr. White moved the adoption of Ordinance No. 31932- 032194. The motion was seconded by Mr. Musser and adopted by the following vote: AYES= Council Members White, Edwards, Harvey, (Council Member Bowles was absent.) UNFINISHED BUSINESS= None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING= Ordinance No. 31898 rezoning a tract of land containing 20.112 acres located on the south side of the Norfolk and Western Railway tracks and a private road, 2200 feet east of Berkley Road, N. E., identified as Official Tax No. 7030102, from LM, Light Manufacturing District, to RA, Residential Agricultural District, having previously been before the Council for its first reading on Monday, March 14, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. Musser offering the following for its second reading and final adoption: ACTION= (931898-032194) AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 703, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 54, page 1.) Mr. Musser moved the adoption of Ordinance No. 31898-032194. The motion was seconded by Mr. McCadden and adopted by the following vote~ AYES= Council Members White, Edwards, Harvey, McCadden and Musser .................................... 5. NAYS= Mayor Bowers ............................... 1. (Council Member Bowles was absent.) PURCHASE/SALE OF PROPERTY-SEWERS AND STORM DRAINS- EASEMENTS-APPALACHIAN POWER COMPANY-DONATIONS/ CONTRIBUTIONS-FIRE DEPARTMENT-CANDP TELEPHONE COMPANY- WATER RESOURCES-STREETS AND AT.T.EYS: Ordinance No. 31911 authorizing donation and conveyance of certain City-owned property for permanent right-of-way, a storm drain easement, and temporar~ construction easements to the Commonwealth of Virginia, and a permanent easement to Chesapeake and Potomac Telephone Company, for use in the Peters Creek Road Extension Project, upon certain terms and conditions and as more particularly set forth in a report of the Water Resources Committee under date of March 14, 1994, having previously been before the Council for its first reading on Monday, March 14, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. McCadden offering the following for its second reading and final adoption= (#31911-032194) AN ORDINANCE authorizing the donation and conveyance of certain City-owned property for permanent right-of-way, a storm drain easement, and temporary construction easements to the Commonwealth of Virginia, and a permanent easement to the Chesapeake and Potomac Telephone Company, for use in the Peters Creek Road Extension Project (Project No. 0117-128-F01, RW-201), upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 54, page 2.) 27 ACTION~ Mr. McCadden moved the adoption of Ordinance No. 31911-032194. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members White, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... O. (Council Member Bowles was absent.) PURCHASE/SALE OF PROPERTY-EASEMENTS-CITY PROPERTY- STREETS AND~.T.EYS-WATERRESOURCES: Ordinance No. 31912 providing for conveyance by quitclaim deed of City-owned property located on Hollins Road, N. E., bearing Official Tax No. 3140813, to waddell Brothers Co., Inc., upon certain terms and conditions, as compensation for the installation of a paved flume, in accordance with terms and conditions as set forth in a report of the Water Resources committee under date of March 14, 1994, having previously been before the Council for its first reading on Monday, March 14, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. White offering the following for its second reading and final adoption: (#31912-032194) AN ORDINANCE providing for the conveyance by quitclaim deed of City-owned property located on Hollins Road, N. E., bearing Offlcial Tax No. 3140813, to Waddell Brothers Co., Inc., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 54, page 3.) ACTION~ Mr. White moved the adoption of Ordinance No. 31912- 032194. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members White, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: Hone ....................................... 0. (Council Member Bowles was absent.} 28 ACTION= PURCHASE/SALE OF PROPERTY-EASEMENTS-PIPE LINES/ STORAGE TANKS-PARKS AND RECREATION-ROANOKE GAS COMPANY- WATER RESOURCES-CHURCHES: Ordinance No. 31913 authorizing execution of a deed of easement granting the Roanoke Gas Company a ten-foot wide gas pipeline easement across City-owned property located at the northerly end of Jamestown Plaza, identified by Officia! Tax No. 4350701, upon certain terms and conditions, including the payment of $38.00, as more particularly set forth in a report of the Water Resources Committee under date of Februar~ 28, 1994, having previously been before the Council for its first reading on Monday, March 14, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. McCadden offering the following for its second reading and final adoption: (931913-032194) AN ORDINANCE authorizing execution of a deed of easement granting the Roanoke Gas Company a gas pipeline easement across City-owned property identified by Official Tax No. 4350701, upon certain ter~s and conditions. (For full text of Ordinance, see Ordinance Book No. 54, page 4.) Mr. McCadden moved the adoption of Ordinance No. 31913-032194. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members White, Edwards, McCadden, Musser and Mayor Bowers ................................ 5. NAYS: Council Member Harvey ...................... 1. (Council Member Bowles was absent.) ACTS OF ACKNOWLEDGEMENT-NORFOLK SOUTHERN CORPORATION-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH-DECEASED PERSONS: Mr. Harvey offered the following resolution memorializing the late Dr. James D. McComa~, former President of Virginia Polytechnic Institute and State University: (%31933-032194) A RESOLUTION memorializing the late Dr. James D. McComas. (For full text of Resolution, see Resolution Book No. 55, page 21.) 29 ACTION= ACTION= Mr. Harvey moved the adoption of Resolution No. 31933-032194. The motion was seconded by Mr. Musser and adopted by the following vote= AYES= Council Members White, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... O. (Council Member Bowles was absent.) MOTIONS AND MISCELLANEOUS BUSINESS= INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL= TRAFFIC-SIDEWALK/CURBANDGUTTER-COMPLAINTS-STREETS AND ~T.~.EYS= A communication from Ms. E. Jeanette Manns, 1826 10th Street, N. W., expressing concern with regard to vehicles travelling at excessive speed limits and the lack of sidewalks, curbs and traffic lights in the area of Tenth Street, N. W., 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 investigation and report to Council. The motion was seconded by Mr. Musser and adopted. ACTS OF ACKNOWLEDGEMENT-REGISTRAR-DECEASED PERSONS~ The City Attorney was requested to prepare the proper measure memorializing the late Nell C. Irvin, former Registrar for the City of Roanoke. OTHER HEARINGS OF CITIZENS: None. At 3:45 p.m., the Mayor declared the meeting in recess. At 4505 p.m., the meeting reconvened in the Councll Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Members Bowles and McCadden. (Mr. McCadden left the meeting following the Executive Session.) COUNCIL= With respect to the Executive Session Just concluded, Mr. Edwards moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of 30 ACTION= ACTION= Information Act~ and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members White, Edwards, Harvey, Musser and Mayor Bowers ................................ 5. NAYS: None ....................................... O. (Council Members Bowles and McCadden were absent.) OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor advised that there is a vacancy on the Special Events Committee, created by the resignation of Carol Dalhouse, for a term ending June 30, 1994, and called for nominations to fill the vacancy. Mr. White placed In nomination the name of William R. Hackley, Sr. There being no further nominations, Mr. Hackley was elected as a member of the Special Events Committee, for a term ending June 30, 1994, by the following vote: FOR MR. HACKLEY: Council Members White, Edwards, Harvey, Musser and Mayor Bowers ........................ 5. (Council Members Bowles and McCadden were absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION= The Mayor advised that there is a vacancy on the Roanoke Arts Commission, created by the resignation of Melody S. Stove11, for a term ending June 30, 1995, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of William R. Hackley, Sr. There being no further nominations, Mr. Hackle¥ wes elected as a member of the Roanoke Arts Commission to fill the unexpired term of Melody S. Stovall, resigned, June 30, 1995, by the following vote= FOR MR. HACKLEY: Council Members White, Edwards, Harvey, Musser and Mayor Bowers ........................ 5. (Council Members Bowles and McCadden were absent.) 31 OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there is e vacancy on the Roanoke Neighborhood Partnership Steering Committee, created by the resignation of Jan P. Wllkins, for a terra ending November 9, 1994, and called for nominations to fill the vacancy. Mr. Harvey placed in nomination the name of William E. Skeen. Mr. Skeen was Neighborhood There being no further nominations, elected as a member of the Roanoke Partnership Steering Committee to fill the unexpired term of Jan P. Wtlkins, resigned, ending November 9, 1994, by the following vote= ACTION: FOR MR. SKEEN: Council Members White Edwards, Harvey, Musser and Mayor Bowers ........................ 5. (Council Members Bowles and McCadden were absent.) There being no further business, the Mayor declared the meeting adjourned at 4=10 p.m. APPROVED ATTEST: Mary F. Parker Mayor City Clerk 32 REG~JLAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL March 28, 1994 2:00 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, March 28, 1994, at 2:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular Meetinqs, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Elizabeth T. Bowles, John S. Edwards, James G. Harvey, II, Delvis O. McCadden, Howard E. Musser, William White, Sr., and Mayor David A. Bowers .................... 7. ABSENT= None ............................................... 0. OFFICERS PRESENT= W. Robert Herbert, City Manager~ James D. Rltchie, Sr., Assistant City Manager~ Wllburn C. Dlbling, Jr., City Attorney~ James D. Grisso, Director of Flnance~ and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend John P. Dunstan, Pastor, Bethany Christian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT= The Mayor welcomed Father Joseph Anyindana, Rector, St. James Anglican Church, Ghana, West Africa, who was visiting the City of Roanoke as the guest of St. John"s Episcopal Church. The Mayor presented Father Anyindana with a Certificate of Honorary Citizenship and a photograph of the Roanoke Valley. SCHOOLS: The Mayor advised that on July 1, 1994, there will be three vacancies on the Roanoke City School Board, for terms of three years each, ending June 30, 1997. He stated that pursuant to Chapter 9, Education, Article II, Procedure for Election of School Trustees, Section 9-19, Preliminary Screening of Candidates, of the Code of the City of Roanoke (1979), as amended, on or before March 31, Council, as a Com~lttee of the Whole, shall, at a regular or special meeting, review and consider all candidates for the position of school trustee, the matter was before the body. ACTION= ACTION= The Mayor further advised that as of March 10, 1994, at 5=00 p.m., which was the deadline for receipt of applications, the following persons had applied for the three upcoming vacancies= James P. Beatty Marilyn L. Curtis Marsha W. Elltson M. Wendy O'Neil Robert D. Ross John H. Saunders (See applications on file in the City Clerk's Office.) Mr. White moved that all applications be referred to the School Trustee Selection Process. The motion was seconded by Mr. Edwards and unanimously adopted. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routlne by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to a request for an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council. COUNCIL= A communication from Mayor David A. Bowers requesting that Council meet in Executive session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointedbyCouncil, 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 Counci! concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded byMr. Musser and adopted by the following vote= AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. ~ NAYS: None ....................................... 0. TAXES-LEGISLATION: A report of the City Manager advising that during the Council meeting held on Monday, December 17, 1993, Council Member Musser requested a review by the fiscal year 1994-95 budget process with regard to the feasibility of providing Council with figures as to what percentage of sales tax and utility tax is directly related to unfundedmandates, both at the Federal and State levels; and clarification by Council Member Musser pointed out that his intent was to study the feasibility of developing a mechanism to inform the citizens of Roanoke as to how much of the utility rates and sales tax revenue is connected to a State and/or Federal mandate, was before Council. It was explained that approximately 100 per cent of the cost of sewer service and 75 per cent of the cost of water service are attributable to a State or Federal mandate; that in addition, the Executive for Business Affairs for the Roanoke City Schools advised that approximately 100 per cent of sales tax revenue received from the State is connected to the standards of quality for education as established by the State; that Council would undoubtedly continue to fund many of the priorities for water and sewer utility services and those aspects of the standards of quality for education that the community desired and could afford even if they were not mandated; that a definition of service level would need to be established by Council, possibly through community workshops or other mechanisms, in order to determine the cost differential between what council and the community desires versus what cost of service would be mandated by the State and Federal governments; that the water and sewage service billing system would not make allowance for any reporting were it developed; and a separate notice could be developed and mailed, at a cost of approximately $12,000.00, plus staff time. The City Manager explained out that Members of Council are aware of the costs the City incurs due to unfunded State and Federal msndates; and the task of distinguishing between the costs that the City would ACTION: ACTION: ACTION: incur and those that the City would not Incur if they were not ~ndated would be quite lengthy and potentially subject to considerable debate. (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~as seconded byMr. Museer and adopted by the following vote: AYES= Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS= None ....................................... 0. OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT~ LEGiSLATION-YOUTH-ROANOKE INTERAGENCY COUNCIL-SCHOOLS. A communication from Ms. Margarite B. Smith tendering her resignation as Parent Representative to the Roanoke Interagency Council, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that the communication be received and filed and that the resignation be accepted with regret. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. OATHS OF OFFiCE-COMMITTEES-ROANOKEARTS COMMISSION: A communication from Mrs. Leonard A. Muse tendering her resignation as a member of the Roanoke Arts commission, effective immediately, was before council. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that the communication be received and filed and that the resignation be accepted with regret. The motion was seconded by Mr. Musser and adopted by the following vote: ACTION: AYES= Council Members Bowles, Edwards, Harvey, NcCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: A report of qualification of Acree Hayes as a member of the Fair Housing Board, for a term ending March 31, 1997, was before Council. (See Oath or Affirmation of Office on file In the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Musser and adopted by the following vote= AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MA'i~I'ERS: None. PETITIONS AND COMMUNICATIONS: BUDGET-CMERP-SCHOOLS: A co__~a~unication from the Roanoke City School Board requesting appropriation of $238,755.00 from the Capital Maintenance and Equipment Replacement Program, to be used for the repair of roofs at Patrick Henry High School, Hurt Park Elementary School and Round Hill Primary School, was before Council. A report of the Director of Finance advising that the appropriation of $238,755.00 represents the final appropriation of the School Board's fiscal year 1993 Capital Maintenance and Equipment Replacement Program funding of $1,227,920.00~ and recommending that Council concur in the request of the School Board, was also before the body. (For full text, see reports on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: 37 ACTION (931934-032894) AN ORDINANCE to amend and reordatn certain sections of the 1993-94 school Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 55, page 24.) Mr. McCadden moved the adoption of Ordinance No. 31934-032894. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. REPORTS OF OFFICERS: cITY MANAGER: ested time on ~n~ a~=..~- _v = previously requ -- - he briefing with regard to police officers on bicycles, requested that the item be withdrawn. ITEMS RECOMMENDED FOR ACTION~ public O S-SEWE S TRAF - ALLEYS. The cx~y bmitteo a wrl~u~H ~ ~ Manager su ~ ~,.,{r~a~nt eDlacement Program has Capital Maintenance anu ~--= .... R _ . . . d the need to replace two stake bogy trucks, one ldent~fie ...... ~-~-+o-ance Department and one un}t unit £or the ~u=~== ?~"i~T_ ~tment} whereupon, ne for th. raffic e following bid. and recommended that Council reject all other bids received by the City: two new cab/chassis for stake body trucks from Berglund Chevrolet, Inc., at a total cost of $26,187.12} and two new stake bodies to be mounted on above cab/chassis from Truck Body Corporation, at a total cost of $6,180.00. (For full text, see report on file in the City clerk's Office.) Mr. Harvey offered the following resolution: BRIEFINGS: 38 ACTIONs ACTIONs (#31935-032894) A RESOLUTION accepting the bids for the purchase of cab/chassis and bodies, upon certain terms and conditions; and rejecting all other bids made for such Items. (For full text of Resolution, see Resolution Book No. 55, page 25.) Mr. Harvey moved the adoption of Resolution No. 31935-032894. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and White ............................. 6. MAYS: None ....................................... O. (Mayor Bowers abstained from voting.) BUILDINGS/BUILDING DEPARTMENT-PUBLIC WORKS-CMERP- FLEET MAINTENANCE FUND-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need to replace one trailer mounted mobile power system in the Building Maintenance Department~ whereupon, he recommended that Council accept the bid submitted by W. W. Grainger, at a total cost of $12,144.00~ and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following resolution: (#31936-032894) A RESOLUTION accepting the bid made to the City for furnishing and delivering one new trailer mounted mobile power system~ and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 55, page 26.) Mrs. Bowles moved the adoption of Resolution No. 31936-032894. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. MAYS: None ....................................... O. 39 ACTION= BUDGET-HEALTH DEPARTMENT-~ DEVELOPMENT-CMERP- EQUIPMENT: The City Manager submitted e written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need for a chemical analyzer system to be used in the laboratory at the Roanoke City Health Department} whereupon, he recommended that Council approve the following actions: accept the bid of Infolab, Inc., for one new chemical analyzer system, at a total cost of $29,995.00} appropriate $29,000.00 from Capital Maintenance and Equipment Replacement Program to Health Department, Account No. 001-054- 5110-9015} and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#31937-032894) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 55, page 27.) Mr. White moved the adoption of Ordinance No. 31937- 032894. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. Mr. White offered the following resolution: (%31938-032894) A RESOLUTION accepting a bid made to the City for furnishing and delivering one new chemical a~alyzer system for the Roanoke City Health Department, and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 55, page 28.) ACTION~ Mr. White moved the adoption of Resolution No. 31938-032894. The motion was seconded by Mr. Harvey and adopted by the following vote= AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. INSURANCE-PIPE LINES/STORAGE T/M~KS-BRIDGES-NORFOLK SOUTHERN CORPORATION-HOTEL ROANOKE CONFERENCE CENTER- UTILITIES-WATERRESOURCES: The City Manager submitted a written report advising that the Carvins Cove Filter Plant Improvement Pro~ect includes expansion of the Filter Plant at Carvins Cove (Phase I) and the installation of more than 70,000 linear feet of waterline from Carvins Cove to the Crystal Springs Pump Station (Phase II); and previous authorization from Council included railroad permits at Hollins Road and 13th Street which are needed for Phase II Waterline Installations. It was further advised that Contract B-2 of Phase II Waterline Installation, includes an interconnect from north to south Jefferson Street in the vicinity of the Hotel Roanoke} that in order to ease construction under the railroad, City staff and consultants propose to install a 24-inch water line interconnect in the closed pedestrian underpass~ and the original agreement for the underpass calls for the Norfolk and Western Railway Company and the City to share ownership and maintenance, however, the proposed agreement from Norfolk and Western calls for the City to assume full ownership of the closed underpass. The city Manager recommended that he be authorized to execute an agreement with the Norfolk and Western Railway Company, in a form to be approved by the City Attorney, which would transfer ownership of the Jefferson Street Underpass to the City and requires the City to indemnify the Railway for any claims resulting from the City's use or operation of the underpass. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following ordinance~ emergency (#31939-032894) AN ORDINANCE authorizing the City Manager to execute the necessary agreement with Norfolk and Western Railway Company providing the City the right 41 tO install, maintain, operate and remove pipelines on railway property in connection with the Carvins Cove Phase II Project, upon certain terms and conditions, and providing for an emergency. (For full text of Ordinance, page 29.) see Ordinance Book No. 55, ACTION: Mr. Edwards moved the adoption of Ordinance No. 31939-032894. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. PARKS ANDRECREATION-FEE COMPENDIUM-WATER RESOURCES- EQUIPMENT: The City Manager submitted a written report with regard to a proposed amendment~othe Fee ~ompe~dium to establish fees for boat rental at Carvlns cove, advising that Carvins cove boat ~ent~ wa~^f~t~r~e~d~ 1, 1988, through September ~v, ~, ~ ..... ~r~Un~wned by the concessionaire and fees were established through contract agreement~ that boats have been purchased by the Water Department for the purpose of boat rental at Carvins Cove~ that oars and flotation devices are available as part of the boat rental fee} that there are instances when a citizen will bring a privately owned motor to place on a rented boat, which must be inspected~ and proposed fees for boat rental, follows, and an hourly late fee will be assessed not returned on time: 14 foot boats $ 3.50 per hour 8.00 (1/2 day-5 hours) 14.00 per day 12 foot boats $ 2.50 per hour 7.00 (1/2 day-5 12.00 per day hours) Inspection Electric Gasoline fees for privately owned motors: $1.00 2.00 ACTION: ACTION= The City Manager recommended that Council authorize an amendment to the Fee Compendium by approving boat rents1 and motor inspection fees as abovedescribed. (For full text, Office.) Mrs. Bowles see report on file in the City Clerk's offered the following resolution: (#31940-032894) A RESOLUTION providing for establishment of the fees to be charged at Carvins Cove for rental of boats. (For full text of Resolution, see Resolution Book No. 55, page 30.) Mrs. Bowles moved the adoption of Resolution No. 31940-032894. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. DIRECTOR OF FINANCE: AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of February 1994. (For full text, see financial report on file in the City Clerk's Office.) Mr. Harvey moved that the financial report be received and flied. The motion was seconded by Mr. Musser and unanimously adopted. In connection with the change in management of the parking garages, Mr. McCadden requested a detailed month- by-month analysis of the Transportation Fund, broken down by garages. REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ACTION= ZONING-INSURANCE-BRIDGES-CITY PROPERTY-INDUSTRIES- AIR RIGHTS-ROANOKE NEIGHBORHOOD PARTNERSHIP-STREETS AND ~,T.EYS: Ordinance No. 31930 authorizing a lease between the Ci:~y of Roanoke and Roanoke City Mills, Inc., for lease ¢~f certain airspace over Jefferson Street in the City, for a term of 60 years, commencing on April 8, 1994, and ending on April 7, 2054, for a one-time rental payment, in the amount of $750.00, to be paid prior to April 8, 1994, upon certain terms and conditions, as more particularly set forth in the lease and incorporated by reference in the bid of Roanoke City Mills, Inc., having previously been before the Council for its first reading on Monday, March 21, 1994, read and adopted on its first readin~ and laid over, was again before the body, Mrs. Bowles offering the following for its second reading and final adoption: (%31930-032894) AN ORDINANCE authorizing a lease between the City of Roanoke and Roanoke City Mills, Inc., for the lease of certain airspace over Jefferson Street in the City, for a term of sixty (60) years. (For full text of Ordinance, see Ordinance Book No. 54, page 22.) Mrs. Bowles moved the adoption of Ordinance No. 31930-032894. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. MOTIONS AND MISCELLANEOUS BUSINESS= INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF cOUNCIL: OTHER HEARINGS OF CITIZENS: FIRE DEPARTMENT-CITY EMPLOYEES-EMERGENCY MEDICAL SERVICES: Edward h. Crawford, Lieutenant, Fire Department, appeared before Council and advised that approximately three years ago the City initiated pre- hospital care for the citizens of Roanoke, with two fire engine companies accepting responsibility for providing the service. He further advised that he, as one of the trained emergency medical technicians, receives stipend pay of $100.00 per month; that he was informed that the program was experimental and would be evaluated at or ACTION= near the end of the three year program~ and inasmuch as program evaluations has not taken place, he requested that a written agreement be entered into between the City and program participants. He referred to previous correspondence setting forth other matters in need of additional funding. He stated that the City currently pays 42 firefighters a $100.00 stipend per month, which leaves 110 flrefightere and seven engine companies out of the program. He advised that in the future Council will be asked to add more personnel to the Emergency Services Department to meet the growing need and n-mher of calls by emergency medical callers, and the question should be asked -- why should more personnel be added when trained personnel already exists. He pointed out that it is not fair to the citizens of Roanoke that all sections of the City are not covered because all citizens deserve the same and/or equal service. (For full text, see verbatim transcript of remarks on file in the City Clerk's Office.) Without obJectionbyCouncil, the Mayor advised that the remarks of Mr. Crawford would be referred to the City Manager for report to Council by June 30, 1994. The City Manager advised that City staff is currently preparing a detailed analysis of the program, and it would be his intent to submit a status report to Council by June 30, to be followed by a formal recommendation in October for proposed implementation in the 1995-96 fiscal year. At 2=35 p.m., the Mayor declared the meeting in recess. At 3=07 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL= With respect to the Executive Session Just concluded, Mr. Edwards moved that each Member of City Council certify to the best of his or her knowledge thatz (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act~ and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Musser and adopted by the following vote= -AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. There being no further business, the Mayor declared the meeting adjourned at 3~09 p.m. ATTEST: Mar~ F. Parker City Clerk APPROVED David A. Bowers Mayor 46 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL April 4, 1994 2:00 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, April 4, 1994, at 2=00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reqular Meetinqst of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members John S. Edwards, James G. Harvey, Il, Howard E. Musser, William White, Sr., Elizabeth T. Bowles and Mayor David A. Bowers ........................................... 6. ABSENT: Council Member Delvis O. McCadden ................. 1. OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City Manager; Steven J. Talevi, Assistant City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, Clty Clerk. The meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by The Honorable W. Alvin Hudson, Roanoke City Sheriff. SCHOOLS: The Mayor advised that on July 1, 1994, there will be three vacancies on the Roanoke City School Board, for terms of three years, each, ending June 30, 1997. He stated that pursuant to Chapter 9,Education, Article Il, Procedure for Election of School Trustees, Section 9-19, Preliminary screening of candidates, on or before March 31, Council, as a Committee of the Whole, shall, at a regular or special meeting, review and consider all candidates for the position of school trustee, whereupon, the matter was before the body. The Mayor further advised that as of March 10, 1994, at 5:00 p.m., which was the deadline for receipt of applications, the following persons had applied for appointment: James P. Beatty Marilyn L. Curtis Marsha W. Ellison M. Wendy O'Neil R. Douglas Ross John H. Saunders ACTION: A communication from R. Douglas Ross withdrawing his application for appointment to the Roanoke City School Board, was also before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. Musser moved that the communication from Dr. Ross be received and filed, and that the five remaining applicants be accorded the formal interview on Thursday, April 21, 1994, at 6:00 p.m. The motion was seconded by Mr. Edwards and adopted. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the for~, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for Executive Sessions to discuss vacancies on various authorities, boards, commissions and co~ittees appointed byCouncil; and with regard to specific legal matters requiring provision of legal advice by counsel, being the terms and conditions of an agreement relating to proposed road and infrastructure improvements in connection with certain potential development within the City. cOUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), code of Virginia (1950), as amended. The motion was seconded by Mr. Edwards and adopted by the following vote: ACTION: AYES: Council Members Edwards, Harvey, Musser, White, Bowles and Mayor Bowers ......................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) COUNCIL: A report of the City Attorney requesting that Council meet in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of an agreement relating to proposed road and infrastructure improvements in connection with certain potential development within the City, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the City Attorney to convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of an agreement relating to proposed road and infrastructure improvements in connection with certain potential development within the City, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, Harvey, Musser, White, Bowles and Mayor Bowers ......................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) COUNC I L-ANNEXATI ON/CONSOL I DAT ION- ECONOMIC DEVELOPMENT-CITY GOVERNMENT: A communication from Mayor David A. Bowers advising that recently he provided Council with news articles in connection with South Boston winning a law suit in the Virginia Supreme Court to decertify its status as a City and to resume town status with the right of annexation, as well as articles from the Richmond Times-Dispatch outlining concern about the "worsening crisis" in Virginia's cities, was before Council. 49 ACTION: ACTION: ACTION: The Mayor transmitted copy of a newspaper article from the Raleigh News and Observer in regard to a proposal to merge the City of Durham and Durham County; and pointed out that concerned citizens in other localities are Joining together cooperatively to reconstruct their local governments for the economic good of the entire community. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that the communication be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, Harvey, Musser, White, Bowles and Mayor Bowers ......................... 6. NAYS: None ....................................... O. (Council Member McCadden was absent.) AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee held on Monday, March 21, 1994, were before Council. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that the minutes be received and filed. The motion was seconded by Mr. Edwarde and adopted by the following vote: AYES: Council Members Edwards, Harvey, Musser, White, Bowles and Mayor Sowers ......................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) COMMITTEES-ZONING: An Annual Report of the Board of Zoning Appeals for the year 1993, was before Council. (For full text, see Annual Report on file in the City Clerk's Office.) Mrs. Bowles moved that the Annual Report be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: 50 ACTION= AYES: Council Members Edwards, Harvey, Musser, White, Bowles and Mayor Bowers ......................... 6, NAYS: None ....................................... (Council Member McCadden was absent.) ELECTIONS-SCHOOLS: A communication from Alton B. Prillaman, Secretary, Roanoke City Electoral Board, advising that due to the renovation of Wasena Elementary School during the 1994-95 school year, it will be necessary to temporarily move the Raleigh Court No. 5 voting precinct for the election to be held on November 8, 1994, was before Council. It was further advised that the Roanoke City Electoral Board adopted a resolution on February 2, 1994, proposing to temporarily move the Raleigh Court No. 5 voting precinct to the Roanoke Elks Lodge No. 197, located at 1147 Persinger Road, S. W., which is accessible to the physically disabled, and will provide sufficient parking; that the proposed temporary site is located approximately 600 yards outside the precinct line for the Raleigh Court No. 5 precinct, however, it is in compliance with Section 24.2-310 of the Code of Virginia (1950), as amended, which allows a polling place to be located up to 1,200 yards from the precinct boundary line; and voting will resume at Wasena Elementary School for any election held after August 31, 1995. The Secretary of the Electoral Board explained that inasmuch as Section 24.2-306 of the Code of Virginia (1950), as amended, requires that a notice of the proposed relocation of a polling place be published in a newspaper of general circulation for two consecutive weeks, with no changes being made within 60 days next preceding any general election, it is requested that Council schedule a public hearing to be held on Monday, May 9, 1994, at 7:30 p.m. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Roanoke City Electoral Board and advertise a public hearing to be held on Monday, May 9, 1994, 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. Edwards and adopted by the following vote: 51 AYES: Council Members Edwards, Harvey, Musser, White, Bowles and Mayor Bowers ......................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) HENRY STREET REVIVAL cOMMITTEE-TOTALACTION AGAINST POVERTY-GRANTS-PLANNING: A report of the City Manager advising that at its meeting on Monday, March 21, 1994, Council requested a report within two weeks on the status of a loan that was made to Total Action Against Poverty, was before Council. The City Manager explained that in the fiscal year 1989-90 Community Development Block Grant Fund budget, Council approved $200,000.00 to be used for improvements on Henry Street; that Total Action Against Poverty proposed a project in 1990 to revitalize a historic building on Henry Street which would later become the Henry Street Music Center, however, during renovation, TAP encountered unexpected asbestos removal problems; that on February 9, 1990, with Council's authorization, the City and TAP entered into an agreement by which the City would make an unsecured loan from Community Development Block Grant funds to TAP, in the amount of $212,000.00, for a period of two years, and because it was determined that Henry Street improvement funding would not be needed in the near future, funds for the Henry Street Project were secured from Community Development Block Grant funds with the knowledge and agreement of the Henry Street Revival Committee; that at the conclusion of the two year period, Total Action Against Poverty requested that the City either forgive the loan or extend the loan; and on Monday, March 9, 1992, Council authorized a five-year extension to the loan to be evidenced by a note and a secured deed of trust which provided that no interest would be charged, and the note would be due and payable on February 9, 1997. It was advised that the Henry Street Revival Committee is now prepared to proceed with certain planning and street improvements to First Street, N. W.; that a formal proposal has been made to the 1994-95 Community Development Block Grant program for $200,000.00 in order to commence the improvement process on Henry Street; and a recommendation with regard to the request will be forwarded to Council along with the remainder of the community Development Block Grant budget within the next four weeks. 52 ACTION: ACTION: It was noted that in the event the request for the entire $200,000.00 cannot be recommended in the current year's Community Development Block Grant budget, the City should fully fund the request over the next two years; and it is believed that the City has a commitment to work with the Henry Street Revival Committee to provide all assistance possible to complete the project in a systematic and reasonable manner. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that the report be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, Harvey, Musser, White, Bowles and Mayor Bowers ......................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) APPALACHIAN POWER COMPANY-UTILITIES: A report of the City Manager advising that during recent Council meetings, discussions have been held with regard to the desirability of relocating utility wires to underground service as a means of reducing the impact from ice and wind storms, was before Council. The City Manager transmitted copy of a communication from J. T. Eaton, Division Manager, Appalachian Power Company, in response to his inquiry in which he points out that Appalachian Power Company does not consider it to be practical or economically feasible to initiate a program of major undergrounding of power lines. (For full text, see report and communication on file in the City Clerk's Office.) Mrs. Bowles moved that the report be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, Harvey, Musser, White, Bowles and Mayor Bowers ......................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) 53 ACTION: OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT: A report of qualification of J, Granger Macfarlane as a member of the Economic Development Commission, for a term ending June 30, 1996, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, Harvey, Musser, White, Bowles and Mayor Bowers ......................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: ROANOKE CIVIC CENTER: Kit B. Kiser, Director of utilities and Operations, advised that a four minute video regarding ice hockey would be presented which was prepared by Angle McPeak, Cable Television Government Access Director, and Christine P. Powell, Civic Center Marketing and Promotions Coordinator. He further advised that attendance at the Roanoke Civic Center is up by 34 per cent compared to last year, and called attention to a report of the City Manager to be addressed by Council later during the meeting requesting appropriation of certain revenues for Civic Center expenditures which are mainly attributable to the success of ice hockey this year, as well as plays, concerts, etc. He explained that the current budget was not prepared with ice hockey in mind which has created considerable additional expenses. Mr. Kiser commended the Roanoke Civic Center Com~ission, and recognized Vernon N. Danielsen, Chairperson and commission members Margaret R. Baker and W. Alvin Hudson. 54 Mr. Kiser introduced other City and Civic Center staff members involved in ice hockey, viz: Kathleen M. Kronau, Assistant City Attorney; Bobby E. Chapman, Civic Center Manager; Mark A. Collins, Assistant Civic Center Manager; Edward W. Parker, Civic Center Building Superintendent; Christine P. Powell, Civic Center Marketing and Promotions Coordinator; and Roy E. Moore, Civic Center General Superintendent. Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: BUDGET-ROANOKE CIVIC CENTER: The City Manager submitted a written report advising that the original fiscal year Civic Center budget appropriation was $2,085,724.00, including operations, promotions, depreciation and capital outlay; that the budget did not anticipate the extremely successful year the Civic Center is experiencing, primarily due to the Broadway play series and ice hockey, which success not only generates more revenue, but additional expenditures as well; that budget adjustments through February 1994 total $35,000.00; that the current Civic Center budget, as of February 1994, totals $2,120,724.00; that total expenses for fiscal year 1994 are currently estimated to be $2,382,857.00, or an increase of $262,133.00 over the current budget; and the current budget synopsis is as follows: current Civic Center expense budget $2,120,724.00 estimated expenditures for fiscal year 1994 2~382~857.00 additional funding required $ 262~133.00 estimated collection for fiscal year 1994 current revenue estimate revenue in excess of estimated less: additional funding required remaining unappropriated contingencies for fiscal year 1994 $2,085,384.00 lt780~186.00 $ 305,198.00 262t133.00 43,065.00 The City Manager recommended that appropriate $262,133.00 to cover the cost of additional operating expenses, as follows: Council certain increase the revenue estimate by $10,000.00 for Coliseum Rental, Account No. 005-020-1234- 0936; 55 increase the revenue estimate by $15,000.00 for Auditorium Rental, Account No. 005-020- 1234-0937; increase the revenue estimate by for Parking Fees, Account No. 005-020-1234- 0939; increase the revenue estimate by $76,600.00 for Admissions Tax, Account No. 005-020-1234- 0941; increase the revenue estimate by $39,000.00 for Ice Rentals, Account No. 005-020-1234- 1140; increase the revenue estimate by $61,533.00 for Concessions, Account No. 005-020-1234- 0948; appropriate $42,000.00 to Overtime Wages, Account No. 005-056-2105-1003; appropriate $87,000.00 to Fees for Professional Services, Account No. 005-056- 2105-2010; appropriate $23,000.00 to Electric, Account No. 005-056-2105-2022; appropriate $16,000.00 to Natural Gas, Account No. 005-056-2105-2024; appropriate $9,133.00 to Expendable Equipment, Account No. 005-056-2105-2035; appropriate $55,000.00 to Maintenance- Buildings, Account No. 005-056-2105-2050; and appropriate $30,000.00 to Temporary Employees Wages, Account No. 005-056-2106-1004. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following emergency budget ordinance: 56 ACTION: (#31941-040494) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Civic Center Fund · Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 31.) Mr. Edwards moved the adoption of Ordinance No. 31941-040494. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Edwards, Harvey, Musser, White, Bowles and Mayor Bowers ......................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) BUDGET-POLICE DEPARTMENT-COMMONWEALTH'S ATTORNEY- LEGISLATION-GRANTS-EQUIPMENT: The City Manager submitted a written report advising that the Virginia General Assembly passed State legislation in 1991, which authorizes local law enforcement to seize and have forfeited property connected with illegal narcotics distribution; that application for an equitable share of the property seized by local law enforcement must be made to the Department of Criminal Justice Services, Forfeited Asset Sharing Program, certified by the Chief of Police as to the appropriate agency and representative to receive the property; that property, including funds shared with State and local agencies, may be used only for the purpose stated in the application; and the Department of Criminal Justice Services requires participants in the Forfeited Asset Sharing Program to submit an annual financial statement of receipts and expenditures related to the program, certifying that the proceeds were used for law enforcement purposes. It was further advised that the Police Department receives additional funds periodically from the State Asset Sharing Program; that action by Council is necessary in order to accept the additional funds to be disbursed in accordance with provisions of the program; that revenues collected through March 28, 1994, total $28,967.00, and were deposited in Grant Account No. 035- 035-1234-7133; and current revenue estimate totals $14,193.00, and funding received in excess of the estimated revenue which totals $14,774.00 needs to be appropriated at this time. 57 ACTION: The City Manager recommended assets from the Forfeited Asset appropriate the following funds: that Council accept Sharing Program and appropriate $13,274.00 to the following grant fund account: Capital outlay/Other Equipment, Account No. 035-050-3302-9015; appropriate $1,500.00 to the following grant fund account: Expendable Equipment (<$500.00), Account No. 035-050-3302-2035; and increase the revenue estimate by $14,774.00. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#31942-040494) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 32.) Mrs. Bowles moved the adoption of Ordinance NO. 31942-040494. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, Harvey, Musser, White, Bowles and Mayor Bowers ......................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) CITY CODE-CITY TREASURER-COMMISSIONER OF REVENUE- TRAFFIC-DIVISION OF MOTOR VEHICLES-CITY GOVERNMENT: The City Manager submitted a written report advising that during the 1993 Session, the Virginia General Assembly amended Section 46.2-752, Code of Virginia (1950), as amended, to permit formation of regional compacts for reciprocal enforcement of vehicle license decal requirements; that the Director of Public Safety, Chief of Police, Commissioner of Revenue and City Treasurer, working with their counterparts in Roanoke County, the City of Salem and the Town of Vinton, with assistance of corresponding legal offices, have developed a proposed regional compact; and Council was informed of this effort by communication under date of January 24, 1994. 58 ACTION: It was explained that a police officer in either of the abovenamed Jurisdictions does not have the authority · to cite residents from another jurisdiction if a decal ordinance violation is observed outside of their host government boundaries. The City Manager recommended that Council authorize the City to enter into a regional compact with Roanoke County, the City of Salem and the Town of Vinton, and to enact the companion ordinances necessary for enforcement of the regional compact enabling police officers in the City of Roanoke to enforce ordinances of compact members and vice versa. (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: (#31943) AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by enacting a new Section 20-33.2, Same - Requirements for operation; obtaining license platet tag or decal a condition precedent to discharge of violation of Chapter 20, Motor Vehicles, to provide authorization for regional enforcement of vehicle decal ordinances and authorizing an agreement with other regional governments to effectuate such enforcement. (For full text of Ordinance, see Ordinance Book No. 54, page 37.) The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Edwards, Harvey, Musser, White, Bowles and Mayor Bowers ......................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) PURCHASE/SALE OF PROPERTY-BONDS/BOND ISSUES-TAXES- NEIGHBORHOOD ORGANIZATIONS-CITY PROPERTY-HOUSING/ AUTHORITY-PLANNING-GRANTS-HOTEL ROANOKE CONFERENCE CENTER-ENTERPRISE ZONE-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that the Empowerment Zone and Enterprise Communities Program was announced in January 1994, and is the central element of the Federal government's community revitalization agenda; 59 and communities selected for Enterprise Communities designation will receive certain benefits as more fully set forth in the report. It was further advised that the application requires that a strategic plan for the nominated area be prepared to include specific items as set forth in the report; that the planning process used to develop the plan must be citizen driven and involve participation of community residents, neighborhood groups and organizations, businesses, non-profit organizations, and local and State government activities; and the required strategic plan must be submitted to the United States Department of Housing and Urban Development prior to June 30, 1994; and inasmuch as the Commonwealth of Virginia must endorse the City's application, it is necessary for Council to approve and submit application to State offices by June 7, 1994. The City Manager explained that on Monday, March 14, 1994, he was authorized to submit a Notice of Intent to Participate to HUD and to negotiate an agreement with, and recommend to Council, a professional service firm to coordinate citizen participation and assist with development of the required strategic plan; that Council approved the transfer of $50,000.00 from Account No. 035- 092-9230-5135 to a new community Development Block Grant account which was established by the Director of Finance; that a Request for Proposals for professional services in connection with the Enterprise Communities Program was advertised on February 13, 1994, with the firm of K. W. Poore and Associates, Inc., of Richmond, Virginia, being recommended by a selection committee consisting of citizens and agency staff; and funding is available in Community Development Block Grant, Account No. 035-092- 9237-5250, Enterprise Communities Program, and General Fund, Account No. 001-052-8110-2010, Fees for Professional Services, at a cost not to exceed $50,000.00 for professional services. It was pointed out that an amendment to the City's Final Statement of Community Development Objectives and Projected Use of Community Development Block Grant funds is required by HUD to reflect the following changes; and per HUD guidelines, citizens have been notified of and have had the opportunity to comment on the proposed changes: Hotel Roanoke 108 Loan Payment - to decrease the Community Development Block Grant funding by $40,000.00; and 60 ACTION: Enterprise Communities Program - add a new program activity to coordinate citizen participation and prepare a strategic plan as required by the Urban Empowerment and Enterprise Communities Program. The City Manager recommended that he be authorized to amend the fiscal year 1993-94 Community Development Block Grant Final Statement of Objectives and Projected Use of Funds and to execute an agreement with K. W. Poore and Associates, Inc., to provide professional services required in connection with preparation of the strategic plan for the Enterprise Communities Program. (For full text, see report on file in the City Clerk's Office.) Mr. Musser offered the following resolution: (#31944-040494) A RESOLUTION to amend the 1993-94 Final Statement of Community Development Objectives and Projected Use of Community Development Block Grant Funds and authorizing an agreement with K. W. Poore and Associates, Inc., to provide the professional services required in connection with preparing the strategic plan for the Enterprise Communities Program. (For full text of Resolution, see Resolution Book No. 56, page 34.) Mr. Musser moved the adoption of Resolution No. 31944-040494. The motion was seconded by Mr. Harvey. Mr. White raised questions with regard to subcontractors engaged by the City to perform professional services and stated that when a contract is recommended in which there will be major subcontractors, the City Manager's report should indicate the extent of involvement of subcontractors and whether the subcontractors have been selected. If the City is successful in its efforts to receive designation as an Enterprise Community, Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., inquired if each census tract will receive a portion of the money, what procedure will be used in determining which census tracts will be selected, and will the Hotel Roanoke receive the benefit of any of the $3 million grant. 61 John R. Marlles, Chief, Planning and Community Development, advised that the $3 million in funds will be used to help implement strategies which are identified in the strategic plan and will not be allocated to individual census tracts that are within the eligible area. He stated that the $3 million will not go to the Hotel Roanoke project, but will be used to help with implementation of identified strategies as a part of the planning process. Resolution No. 31944-040494 was adopted by the following vote: AYES: Council Members Edwards, Harvey, Musser, White, Bowles and Mayor Bowers ......................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) REPORTS OF COMMITTEES: CITY EMPLOYEES-MUNICIPAL BUILDING-GRANTS-YOUTH- JEFFERSON CENTER-WATER RESOURCES: Council Member Elizabeth T. Bowles, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, transmitting a staff report in connection with a lease agreement for the Office on Youth and the Office of Grants Compliance, with said offices proposed to be relocated to The Jefferson Center. The Water Resources Committee recommended that Council authorize a five-year sub-lease agreement between the City and the Jefferson Center Foundation, Ltd., in a form to be approved by the City Attorney, for a 2,003 square foot office space, at a cost of $7.00 per square foot, or $14,021.00 per year, to be used by the Office on Youth and the Office on Grants Compliance, commencing June 1, 1994, or upon completion of the renovations, as more specifically set forth in a report of the Water Resources Committee under date of April 4, 1994. (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency ordinance: 62 ACTION: ACTION: (#31945-040494) AN ORDINANCE authorizing the proper City officials to enter into a sub-lease between the City of Roanoke and the Jefferson Center Foundation, Ltd., for use by the Office on Youth and Office of Grants Compliance, upon certain terms and conditions, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 35.) Mrs. Bowles moved the adoption of Ordinance No. 31945-040494. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Edwards, Harvey, Musser, White, Bowles and Mayor Bowers ......................... 6. NAYS: None ....................................... O. (Council Member McCadden was absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ACTS OF ACKNOWLEDGEMENT-REGISTRAR-DECEASED PERSONS: Mr. Musser offered the following resolution memorializing the late Nell M. Irvin, former General Registrar of the City of Roanoke: (#31946-040494) A RESOLUTION memorializing Mrs. Nell Myree Colemen Irvin. (For full text of Resolution, see Resolution Book No. 56, page 36.) Mr. Musser moved the adoption of Resolution No. 31946-040494. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Edwards, Harvey, Musser, White, Bowles and Mayor Bowers ......................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. .[ .! OTHER HEARINGS OF CITIZENS: None. · 't At 2:45 p.m., the Mayor declared the meeting in recess. ACTION: ACTION: At 4:20 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member McCadden. COUNCIL: With respect to the Executive Session Just concluded, Mr. Edwards moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Edwards, Harvey, Musser, White, Bowles and Mayor Bowers ......................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) OATHS OF OFFICE-COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER: The Mayor advised that the two-year term of James G. Harvey, II, as a member of the Hotel Roanoke Conference Center Commission will expire on April 12, 1994, and called for nominations to fill the vacancy. Mr. Musser placed in nomination the name of James G. Harvey, II. There being no further nominations, Mr. Harvey was reelected as a member of the Hotel Roanoke Conference Center Commission, for a term of four years, ending April 12, 1998, by the following vote: FOR MR. HARVEY: Council Members Edwards, Musser, White, Bowles and Mayor Bowers ........................ 5. (Council Member Harvey abstained from voting.) (Council Member McCadden was absent.) There being no meeting adjourned at ATTEST: Mary F. Parker City Clerk further business, 4~25 p.m. APPROVED the Mayor declared the David A. Bowers Mayor ,! REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL April 11, 1994 7:30 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, April 11, 1994, at 7:30 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular Meetinqs~ of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Delvis O. McCadden, Howard E. Musser, William White, Sr., Elizabeth T. Bowles, John S. Edwards and Mayor David A. Bowers ....................................... 6. ABSENT: Council Member James G. Harvey, II ................ 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Rltchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend Robert L. Alderman, Pastor, Shenandoah Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PUBLIC HEARINGS ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, April 11, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of Wal-Mart Stores, Inc., and William Hunt Staples, et al., that a .6636-acre and a .8091-acre portion of a tract of land containing 62.5379 acres, located adjacent to Interstate 581 and the terminus of Broad Street, N. W., identified as Official Tax No. 2250101, be rezoned from LM, Light Manufacturing District, and RS-3, Residential Single Family District, to C-2, General Commercial District, the matter was before the body. ACTION: Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, March 25, 1994, and Friday, April 1, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to provide for the incorporation of two small tracts of land, totalling 1.473 acre, into the adjoining 25 acre parcel of land for the construction of a retail sales facility, Wal-Mart Superstore, was before Council. The City Planning Commission recommended denial of the request for rezoning based on the finding that there was insufficient time for the Planning Commission or staff to evaluate the potential traffic impact of the proposed development on the existing road system surrounding Valley View Mall. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that the following ordinance be placed upon its first reading: (AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 225, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant." The motion was seconded by Mr. Edwards. James F. Douthat, Attorney, representing Wal-Mart Stores, Inc., appeared before Council and reviewed a history of the Huff Farm rezoning to C-2 for the current Valley View Mall shopping area and further commercial development. He advised that his client is requesting the rezoning of two portions of property adjacent to the 25-acre commercially zoned tract for the purpose of constructing a Wal-Mart Superstore. He reviewed the specifics of a communication addressed to Phillip F. Sparks, Acting Chief, Economic Development Department, under date of February 14, 1994, copy of which was submitted to Council, and noted that Wal-Mart is doing its best to comply with the terms of the letter and to work with City staff as earnestly as possible. He pointed out that Wal-Mart could build on the 25-acre site with comprehensive development plan approval; however, ,! Wal-Mart is requesting the abovedescribed rezonlng in order to provide truck parking and a dock at a location that would be shielded from 1-581 which is the main entrance to the City and to allow a private roadway with additional landscaping. He explained that Wal-Mart could build on the 25 acre site and gain access to their property from the ring road, however, Wal-Mart is desirous of looking at the entire area because of its concern as to what will happen with regard to traffic. At this time, he stated that Wal-Mart has been unable to reach an agreement despite the efforts of City officials, and if an agreement cannot be reached, his client will request that the abovedescribed rezoning be withdrawn. Question was raised as to whether or not Wal-Mart needs to have an agreement with all entities in regard to dedicating the ring road to the public and expanding the ring road before proceeding with the request for rezoning; whereupon, Mr. John Knibb, representing Wal- Mart, appeared before Council and advised that he has worked with Wal-Mart on approximately 12 projects throughout the Co~/~onwealth of Virginia, nine of which are currently open for business, with the remaining stores in various stages of review. He explained that the public dedication of a portion of the ring road is not as complex as some of the other issues, advising that 25 acres was zoned at the same time that Valley View Mall was zoned, and the rights of the Huff Estate to the ring road are not dissimilar to other participants in the ring road and, in addition, the ring road agreement provides that any party to the agreement can close the section of the ring road to be publicly dedicated by their choice, therefore, in this case, the predominate portion of the ring road that would need to be publicly dedicated is in the Sears portion. He added that there are other complications that involve Valley View and Noro, and advised that Wal-Mart has been engaged in negotiations with various adjacent property owners for approximately one year and Wal-Mart was hopeful that the agreement would be finalized by this time. He stated that Wal-Mart would like to facilitate the future interstate interchange, but Wal-Mart has delayed the project far longer than was anticipated; and Wal-Mart is currently scheduled to appear before the City Planning Commission at its May 4 meeting to seek Comprehensive Site Plan approval and perhaps subdivision approval, depending upon adjacent property owners, therefore, Wal-Mart would like to remain on that schedule if possible. Due to the importance of the schedule, he added that Wal-Mart has employed engineers to work seven days a week on a backup plan, and in the event Wal-Mart Is not successful in its request to the City Planning Commission on May 4, it will have no choice but to withdraw the request for rezoning. Mr. Musser offered a substitute motion that the public hearing be continued until the regular meeting of Council on Monday, May 2, 1994, at 2=00 p.m., or as soon thereafter as the matter may be heard. The motion was seconded by Mr. Edwards. The Mayor advised that several persons had requested an opportunity to be heard on the matter and suggested that the registration forms be filed with the City Clerk for re-submittal to Council on May 2; whereupon, Dr. Paula C. Wlllis, 3835 Darlington Road, S. W., requested that she be permitted to make her remarks at this time, rather than at the May 2 Council meeting. Dr. Willis advised that the issue is not Just the rezoning of land but the way business is done in Roanoke and she would address the issue of rezoning in terms of the City's Comprehensive Plan. She stated that after reviewing the development objectives and considering the impact of a Wal-Mart Superstore on the community, according to the best available data, it is clear that a Wal-Mart store is not recommended, pursuant to the Comprehensive Plan. (See communication under date of April 25, 1994, on file in the City Clerk's Office.) No other persons wishing to be heard, the substitute motion to continue the public hearing until Monday, May 2, 1994, at 2:00 p.m., or as soon thereafter as the matter may be heard, was adopted. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the regular meetings of Council held on Monday, February 7, 1994, Monday, February 14, 1994, Tuesday, February 22, 1994, and Monday, February 28, 1994, were before the body. ACTION: ACTION: (For full text, see minutes on file in the City Clerk's Office.) Mrs. Bowles moved that the reading of the minutes be dispensed with and that the minutes be approved as recorded. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Councll Member Harvey was absent.) COMMITTEES-ARCHITECTURAL REVIEW BOARD: A communication from W. L. Whitwell, Chairperson, Roanoke City Architectural Review Board, transmitting the 1993 Annual Report of the Board, was before Council. (For full text, see Annual Report on file in the City Clerk's Office.) Mrs. Bowles moved that the Annual Report be received and filed. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (council Member Harvey was absent.) HOUSING/AUTHORITY: A report of the City Manager with regard to the status of Countryside Estates, was before Council. The City Manager advised that on Monday, January 3, 1994, Council declined a request to support financing by the Virginia Housing Development Authority for the sale and remodeling of Countryside Estates to be undertaken by Castle Development Corporation of Richmond, Virginia; that the principal concern of Council was that financing would require all units in the 108-unit development to be occupied by residents at or below 60 per cent median income for 15 years; and after Council's action, City staff continued discussions with Castle Development Corporation in order to attempt to find a means whereby 70 ACTION: the sale and improvement of the property could be undertaken on terms more acceptable to the City, which efforts were ultimately unsuccessful. It was explained that in February 1994, the United States Bankruptcy Court approved a contract of sale of the property to another party, with the developer expecting to make moderate improvements to the vacated units currently unrentable and to improve other units as vacancies occur over an extended period of time; that these arrangements will require no subsidized funds from any source, nor City Council approval or comment; and the buyer intends to rent the units at market rates and try to maintain an economic mix in the project. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that the report be received and filed. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Harvey was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: CITY CODE-BUILDINGS/BUILDING DEPARTMENT-CITY PROPERTY-PUBLIC WORKS-CITY EMPLOYEES-SCHOOLS: The City Manager submitted a written report advising that the Building Maintenance Department performs repairs and remodeling work in City buildings that often require building and related permits; that until recently, the Building Maintenance Department has routinely obtained "No Fee" permits; and the Building Inspections Department 71 ACTION: issues permits and requires fees to be paid, pursuant to Section 104.2 of the Uniform Statewide Building Code (USBC) Section 104.2, which provides that, "A permit shall not be issued until the fees prescribed by the local government have been paid to the authorized agency of the jurisdiction, nor shall an amendment to a permit be approved until any additional fee has been paid. The local government may authorize delayed payment of fees". It was explained that Council establishes fees for permits, pursuant to Section 7-14, Permit and Inspection Fees, of the Code of the City of Roanoke (1979), as amended; and the Building Maintenance Department performing work on City properties must acquire and pay for all permits from budgeted operating funds. The City Manager recommended that Council waive all permit fees for maintenance and minor remodeling performed by City employees on City property. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden ordinance: offered the following emergency (#31947-041194) AN ORDINANCE amending and reordaining subsection (c) of Section 7-14, Permit and inspection fees, of Article II, Buildinq Codg, of Chapter 7, Buildinq Requlations, of the Code of the City of Roanoke (1979), as amended, to provide for waiver of all permit fees from maintenance and minor remodeling performed by City employees on City property; and providing for an emergency. (For full text of Ordinance, page 38.) see Ordinance Book No. 56, Mr. McCadden moved the adoption of Ordinance No. 31947-041194. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members McCadden, Musser~ White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Harvey was absent.) Mr. White requested that the City Manager study the feasibility of waiving permit fees for maintenance and minor remodeling by school employees on school property. DIRECTOR OF FINANCE-GENERAL SERVICES-BUDGET-CITY EMPLOYEES-CITY INFORMATION SYSTEMS-SCHOOLS-EQUIPMENT- PROCUREMENT CODE: The City Manager and the Director of Finance submitted a joint written report advising that payrolls for City and School employees have been computerized for more than 20 years; that recording of employee leave time and exceptional payroll data has been and continues to be a cumbersome, manual process; that entry of payroll data remains a centralized function; and single purchases, items which cost less than $15,000.00, will be procured through the competitive bid process in accordance with the Procurement section of the Code of the City of Roanoke (1979), as amended. It was explained that de-centralization of payroll data entry is in the development stage and nearing completion, the project having been initiated with the approval of the City's Information Technology Committee approximately two years ago; that one phase of the project is to connect all City departments to the mainframe computer; that employee leave records in an electronic form with de-centralized access are needed to provide management information and current information for employee leave balances; and de-centralized access for all departments will provide data access to existing systems, such as payroll, accounting and budget, as well as future systems, such as City-wide billing and electronic mail. The City Manager and the Director of Finance recommended that Council appropriate $54,863.00 from the City Information Systems Fund Prior Year Retained Earnings to Account No. 013-052-1602-9015 for procurement of certain data communications and work station equipment as more fully described in Attachment A to the report. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: 73 ACTION= (%31948-041194) AN ORDINANCE to amend and reordain certain sections of the 1993-94 City Information Systems Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 39.) Mr. White moved the adoption of Ordinance No. 31948- 041194. The motion was seconded by Mrs. Bowles and adopted by the following vote= AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Harvey was absent.) BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORITY-GRANTS- TOTAL ACTION AGAINST POVERTY-ROANOKE AREA MINISTRIES- TRUST: The City Manager submitted a written report advising that for the past seven years, Council has accepted Emergency Shelter Grants Program grant awards allocated under the Stewart B. McKinney Homeless Assistance Act from the U. S. Department of Housing and Urban Development (HUD) to provide services to the homeless; that the City appropriated funds from all seven grant awards to an Emergency Shelter Resource Fund enabling local non-profit organizations to apply for financial support to improve and/or maintain the quality of shelter facilities and services; that Council concurred in funding recommendations submitted by the City Manager's Committee on Homelessness; and Emergency Shelter Grant awards received since 1987 total $202,500.00 which were distributed to the following agencies: Total Action Against Poverty $97,082.00 Roanoke Area Ministries 60,294.00 TRUST 45,124.00 It was further advised that fiscal year 1994 Emergency Shelter Grants Program appropriations were significantly increased nationally from 1993 levels, resulting in an increase in the City's share from $28,000.00 to $61,000.00; that an Emergency Shelter Grants Program grant allocation of $61,000.00 has been awarded to the City of Roanoke by the U. S. Department of Housing and Urban Development; that the funds must be used to provide assistance to the homeless or to those at 74 ACTION: risk of becoming homeless; that the City's Emergency Shelter Resource Fund will provide the avenue for distributing the funds to private, non-profit agencies that have the capacity to provide services for the homeless, with the City to invite applications from providers to ensure the most cost beneficial use of the funds; and the City Manager's Committee on Homelessness will review proposals and advise the City Manager on which proposals to recommend to Council for funding. The City Manager recommended that he be authorized to accept the Emergency Shelter Grants Program grant award of $61,000.00 from the U. S. Department of Housing and Urban Development; and that Council appropriate $61,000.00 to an account to be established in the Grant Fund by the Director of Finance and increase the revenue estimate in the Grant Fund. (For full text, see report on file in the City Clerk's Office.) Mr. Musser offered the following emergency budget ordinance: (t31949-041194) AN ORDINANCE to amend and reordaln certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 40.) Mr. Musser moved the adoption of Ordinance No. 31949-041194. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Me~mbers McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Harvey was absent.) Mr. Musser offered the following resolution: (#31950-041194) A RESOLUTION accepting an offer of a certain Emergency Shelter Grants Program funds (ESGP) made to the City by the United States Department of Housing and Urban Development; and authorizing execution of the aforesaid grant agreement and related documents on 75 ACTION: ACTION: behalf of the City to comply with the terms and conditions and requirements of said department pertaining thereto. (For full text of Resolution, see Resolution Book No. 56, page 41.) Mr. Musser moved the adoption of Resolution No. 31950-041194. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... O. (Council Member Harvey was absent.) REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CITY CODE-CITY TREASURER-COMMISSIONER OF REVENUE- DIVISION OF MOTOR VEHICLES-CITY GOVERNMENT-TRAFFIC: Ordinance No. 31943 amending and reordaining the Code of the City of Roanoke (1979), as amended, by enacting a new Section to provide authorization for regional enforcement of vehicle decal ordinances and authorizing an agreement with other regional governments to effectuate such enforcement, effective June 1, 1994, having previously been before the Council for its first reading on Monday, April 4, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. McCadden offering the following for its second reading and final adoption: (%31943-041194) AN ORDINANCE amending S20-33.2, Same - Requirements for operation; obtaininq license plate, tag or decal a condition precedent to discharqe o£ violation. (For full text of Ordinance, see Ordinance Book No. 54, page 37.) Mr. McCadden moved the adoption of Ordinance No. 31943-041194. The motion was seconded by Mr. Musser and adopted by the following vote: 76 AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Harvey was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: PURChASE/SALE OF PROPERTY-BONDS/BOND ISSUES-TAXES- NEIGHBORHOOD ORGANIZATIONS-CITY PROPERTY-HOUSING/ AUTHORITY-PLANNING-GRANTS-HOTEL ROANOKE CONFERENCE CENTER-ENTERPRISE ZONE-ECONOMIC DEVELOPMENT: Dr. Paula C. Willis, 3835 Darlington Road, S. W., appeared before Council and presented remarks in connection with the Enterprise Communities Program, construction of a Wal-Mart Superstore in the Valley View Mall area, the City's Comprehensive Plan, and Roanoke Vision '93. (See documents on file in the City Clerk's Office.) There being no further business, the Mayor declared the meeting adjourned at 8:30 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Mayor REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL April 18, 1994 2:00 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, April 18, 1994, at 2:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular Meetingst of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members James G. Harvey, II, Delvis O. McCadden, Howard E. Musser (arrived at 3:25 p.m.), William White, Sr., Elizabeth T. Bowles, John S. Edwards and Mayor David A. Bowers ................................................. 7. ABSENT: None .............................................. 0. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dlbling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PUBLIC HEARINGS SCHOOLS: Pursuant to Section 9-20.1, Public hearing before appointment of School Board members, of the Code of the City of Roanoke (1979), as amended, the Mayor advised that prior to the public interview of candidates for the position of school Trustee which is required by Section 9-21 of the City Code, and prior to April 30, Council shall hold a public hearing to receive the views of citizens and no applicant shall be appointed to the School Board unless such applicant's name has been considered at a public hearing, the City Clerk having advertised a public hearing to be held on Monday, April 18, 1994, at 2:00 p.m., or as soon thereafter as the matter may be heard, the matter was before the body. 78 Advertisement of the public hearing was pub//shed in the Roanoke Times & World-News on Thursday, April 7, 1994. (See publisher's affidavit on file in the City Clerk's Office.) The Mayor advised that on Monday, April 4, 1994, Council selected the following persons to be accorded the public interview on Thursday, April 21, 1994, at 4:30 p.m., in the City Council Chamber for the position of School Board Trustee, for terms commencing July 1, 1994, and ending June 30, 1997: James P. Beatty Marllyn L. Curtis Marsha W. Ellison M. Wendy O'Neil John H. Saunders Inasmuch as numerous persons had expressed a desire to address Council, the Mayor requested that all speakers limit their remarks to two minutes, each. Ms. Margaret C. Martin, 1609 Persinger Road, S. W., spoke in support of the application of Marsha W. Ellison. She stated that she has known Ms. Ellison for over 15 years, having served with her in various capacities where she worked as a leader in certain organizations and as a behind the scenes worker. She added that Ms. Ellison has been an advocate for children, a strong advocate for gender equality in education, and she has served as President of Roanoke Central Council PTA for the past two years where her leadership has been exemplary, and as a result of her leadership, every school in the City of Roanoke has an active Parent-Teacher Association. She commented that she is impressed with Ms. Ellison's enthusiasm and genuine concern for Roanoke and for Roanoke's school system, that she is a knowledgeable and capable person and would be a definite asset to the School Board. She advised that the School Board should be composed of more parents who are willing to serve in order to help the children, and Roanoke would benefit from the experience, education and hard work that Ms. Ellison would bring to the position. Mr. R. Daniel Carson, Jr., 2006 Knollwood Road, S.W., appeared before Council in support of the application of Marsha W. Ellison. He advised that he has known Ms. Ellison for approximately seven years, she has certain unique qualities, she is a results-oriented person who can be relied upon to pursue to successful completion any task for which she has been assigned responsibility, and she has considerable experience in the school system as a parent and as an active participant in school service for more than ten years. He added that she currently serves as President of Central Council PTA where she has been closely involved with certain major school system-wide issues and she has worked with teachers, administrators, parents and students alike. He stated that Ms. Ellison is a kind person who will take the necessar~ time to put her experience and capabilities to work in the best interest of the school system, and Ms. Ellison's appointment can be made with the confidence that she will work hard and her actions will reflect careful thought and wisdom resulting from significant experience and an attitude of fairness. Ms. Kathryn E. Glassbrenner, 5221 Medmont Circle, S.W., appeared before Council in support of the application of Marsha W. Ellison. She advised that Ms. Ellison does what she says she will do which is extremely important in PTA work. She stated that Ms. Ellison is interested In the best interest of every child, and she wants every school to have the advantage of a Parent Teacher Association on its campus. She added that Ms. Ellison has the time, energy and qualifications, she is an educated individual, and she is familiar with the schools and what goes on in the schools. She commented that this is an appointment that Council can make without concern of being accused of political cronyism, or favoritism, and urged that Council appoint Ms. Ellison as a Trustee of the Roanoke City School Board. Ms. Betty L. Perkins, 3137 Yardley Drive, S. W., appeared before Council in support of the application of Marsha W. Ellison. She stated that she is impressed with Ms. Ellison's knowledge of the school system, and she would be an asset to the School Board because she is interested in the well-being of all children in the City School System. The Reverend David A. Hayden, 720 First Street, S. W., appeared before Council and spoke in support of the application of M. Wendy O'Nell. He advised that his child has received a good education in the Roanoke City School System, for which he is appreciative. Re concurred in and expressed appreciation to Council for appointing Wendy O'Neil to the School Board three years ago, advising that her faithfulness to the children of 80 the Roanoke City School System warrants collective continued confidence in her abilities and her reappointment for another three-year term. He noted that she consistently works behind the scenes to improve opportunities for the youth of the City of Roanoke; that she has personally involved herself with the children of Justice House, which is a shelter for homeless men, women and children, to insure that these children have the same opportunities to participate in after school summer day camp activities as the more affluent children, and she has seen to it that Justice House teenagers are offered the opportunity to participate in age appropriate activities that improve their self-esteem and insure positive career opportunities. He applauded Ms. O'Neil's appointment three years ago and endorsed her candidacy for reappointment to the Roanoke City School Board. Mr. Marshall M. Harris, 816 Franklin Road, S. W., appeared before Council and spoke in support of the application of M. Wendy O'Nell. He called attention to Ms. O'Neil's accomplishments and her effectiveness in getting things done, and stated that she is imminently qualified for the position that she seeks because her entire professional career has been directly or indirectly involved with education. He stated that she is a "doer", she cares about children and her commitment to the position comes without reservation. He advised that her resume is impeccable and her sacrifices of personal time to serve the public education community Of Roanoke City is commendable. He strongly endorsed Ms. O'Neil's reappointment to the Roanoke City School Board. Mr. John D. Crawford, 160 Verndale Drive, S. W., appeared before Council and spoke in support of the application of M. Wendy O'Nell. He stated that he has observed Ms. O'Neil over the last three years in dealing with the Alternative Education Program where he serves as a counselor therapist, advising that her visits have been frequent and often unannounced. He added that he is pleased with her service and sees no reason for change. Ms. Anita E. Tanner, 2043 Darlington Road, S. W., appeared before Council and spoke in support of the application of M. Wendy O'Neil. She advised that Ms. O'Neil should be reappointed to the School Board because during her first term she clearly demonstrated her commitment to meeting the educational needs of all children in Roanoke City whether the child is gifted, average, learning disabled or has other special needs. She stated that Ms. O'Neil has consistently placed the welfare of children first, and referred to her concern 81 about weapons in the schools, child abuse and the necessity of reporting suspected cases of child abuse early, support for alternative education students and facilities, increased support and recognition of all faculty and division employees, greater emphasis on meeting the needs of the average students, and restructuring of vocational and business curricula so that students will possess marketable skills upon graduation. She added that Ms. O'Neil urged that all School Board meetings be made more open and parent/guardian and citizen friendly; that she was personally responsible for the drafting, along with a group of other educators, of a grant which garnered Roanoke City $3.7 million to develop Highland Park Learning Center, the Roanoke Academy of Math and Science and Westside Elementary School of the Visual and Performing Arts, and she continues to be an eloquent spokesperson recruiting students from outside and inside the City of Roanoke. She stated that the continuation of service of Wendy O'Neil is critical for the continuity of projects already begun and for the future direction of the school division. Ms. Ella M. Waid, llll Syracuse Avenue, N. W., appeared before Council and spoke in support of the application of John H. Saunders. She advised that she served with Mr. Saunders on the Long Range Planning Committee where he was a valuable member and was instrumental in investigating costs involved with the computer program at Crystal Spring Elementary School. She called attention to his experience with investment and business ventures, advising that his ideas have been outstanding and his service is needed on the School Board largely due to his financial abilities. She added that Mr. Saunders is interested in the children and in the teachers, that he is dedicated to the public schools and to Roanoke City, and urged that Council appoint him to a position on the Roanoke City School Board. Ms. Dawn W. Spaulding, 3302 Troy Avenue, N. W., appeared before Council and spoke in support of the application of M. Wendy O'Neil. She advised that having served as an officer of two PTA's, she has worked with Ms. O'Neil on several issues of vital concern to the parents of children attending Monterey Elementary School and Breckinridge Middle school. She stated that Ms. O'Neil has demonstrated that she places the needs of the children of Roanoke City first, that she cares about insuring that the needs of all children are met from special education to the gifted, and she was the only person to speak out two years ago about the issue of weapons in the schools and the need to take action before someone was seriously injured. She added that Ms. O'Neil has spoken forcefully about the need for the school division to take early action in the case of suspected child abuse instead of waiting 72 hours, and she has consistently spoken out about the need for equitable representation of parents, guardians, children and citizens from all quadrants of the City, as well as all races and religious backgrounds. She stated that Wend¥ O'Nell is a strong, committed, compassionate person who exercises sound judgement, that she is devoted to the children of the school division, and urged Ms. O'Neil's reappointment to the Roanoke City School Board. Ms. Harriett S. Lewis, 1015 Palmetto Street, N. W., appeared before Council and spoke in support of the application of M. Wendy O'Neil. She advised that three years ago she appeared before Council to urge that Wendy O'Neil be appointed to the School Board and today she appears before Council out of a sincere belief that the schools, the children and the City will greatly benefit from her continued service. She stated that Ms. O'Neil's record over the past three years reflects a strong commitment to the students that are served by the school division, and it is imperative to view education as a sharing partnership between students, parents and guardians, administrators, the School Board and the community. From the vie~oint of a mother of children who attend the Roanoke City Public Schools and as a member of the PTA's of those schools, she advised that she is pleased with Ms. O'Neil's stand on safety, the control of weapons in the schools and her concern for making School Board meetings more open and accessible to the citizens of Roanoke. She stated that in taking a leadership role on these issues, Ms. O'Neil has demonstrated that she has the courage to speak out when others are too timid, a strong working knowledge of the tremendous responsibility that comes with the assumption of a leadership role, and compassion for all persons involved. She pointed out that Wendy O'Neil has remained accessible to all citizens and understands the importance of hearing all sides, examining all available options and forging alliances to maximize participation by affected parties. She stressed that the decade of the 1990's will require skill, talent, resources and energy, and Wendy O'Neil has the characteristics that will take the children of Roanoke on that journey with wisdom and justice. 83 ,! ~r. Lawrence H. Hamlar, 1837 Grayson Avenue, N. W., appeared before Council and spoke in support of the application of Marilyn L. Curtis. He advised that Ms. Curtis has been his business partner for 40 years and she is one of the two incumbents seeking reappointment to the School Board. He stated that Ms. Curtis has worked hard, she is anxious to complete her job as a part of the transition from one Superintendent to another, her record speaks for itself, and he recommended reappointment of Ms. Curtis for a third term on the Roanoke City School Board. Mr. Evans B. Jessee, 2621 Crystal Spring Avenue, S. W., appeared before Council and spoke in support of the application of John H. Saunders. He advised that he has known Mr. Saunders for a number of years, that he is a knowledgeable businessman and would serve as a good replacement for James M. Turner who will retire from the School Board on July 1. He stated that Mr. Saunders has been active in long range planning and other school related projects, he is a product of the Roanoke City Public Schools, and he is the parent of two children who attend the City school system. He added that Mr. Saunder's appointment would be widely applauded and urged that he be given serious consideration in order to bring to the School Board the business viewpoint that is extremely important. Ms. Evelyn W. Barger, 3555 Carriage Lane, Troutville, Virginia, appeared before Council and spoke in support of the application of M. Wendy O'Neil. She stated that she is the parent of two children who will attend the Roanoke City Magnet schools this year, and expressed appreciation to Ms. O'Neil for her assistance in connection with enrolling her children in the Magnet School programs. She commended Ms. 0'Nell for personally taking the time to talk with her children about the City's programs, and she strongly supported her reappointment for another term on the Roanoke City School Board. Mr. Edwin R. Feinour, 3711 Peakwood Drive, S. W., appeared before Council and spoke in support of the application of John H. Saunders. He advised that as a former member of the School Board, he found it helpful to be the parent of school children and pointed out that Mr. Saunders presently has two children in the City school system and he, himself, is a product of the Roanoke City Public Schools. He stated that he has worked with Mr. Saunders in connection with the Roanoke Valley 2000 84 Program of the Chamber of Commerce where he has encouraged businesses to help school systems not only in Roanoke City, but in Roanoke County, Botetourt County, Franklin County and the City of Salem; and he has acted as an advocate for the schools in his capacity as a business person to acquire computer donations and update technology. He advised that Mr. Saunders would be an outstanding member of the School Board, as well as an outstanding liaison with the business community. Mr. William B. Hopkins, Jr., 2734 Crystal Spring Avenue, S. W., appeared before Council and spoke in support of the application of M. Wendy O'Neil. He stated that Wendy O'Neil has always been helpful and responsive, it is obvious that she does her homework on issues before the School Board, and she follows through and takes her duties as a School Board Member very seriously. He added that Wendy O'Neil was instrumental in the selection of the new School Superintendent, and because of her diligence and performance, she deserves a second term on the Roanoke City School Board. The Reverend Charles T. Green, 1731 Hanover Avenue, N. W., appeared before Council and spoke in support of the application of M. Wendy O'Neil. He stated that Council is to be commended three years ago when it appointed Wendy O'Neil to the school Board and he hopes that Council is of like mind this year. He called attention to Ms. O'Neil's accomplishments, her involvement with children and with people of all ages and academic backgrounds. He stated that Ms. O'Neil is concerned about what will happen to students who are expelled from school, that she has good ideas about eliminating drugs from the schools, and she has worked on the teenage pregnancy issue. He complimented Ms. O'Neil on her many accomplishments and requested that Council reappoint her for another term on the Roanoke City School Board. Mr. Briggs W. Andrews, 3215 Grandin Road, S. W., appeared before Council and spoke in support of the application of John H. Saunders. He advised that he became acquainted with Mr. Saunders when he joined the School Board's Long Range Planning Committee where he was an active participant and demonstrated a strong commitment to public education, as well as a belief that funds appropriated to the school system must be used wisely. He stated that Mr. Saunders is knowledgeable about the school system and saw to successful completion a recommendation that he made to the Long Range Planning Committee which involved a pilot program working with local businesses to acquire used computer equipment for the schools, and he is currently working with the Roanoke Regional Chamber of Commerce to expand the program City- wide. He advised that both his education and his vocation will help to bring valuable business experience to the School Board, and his extensive contacts in the business community are vitally important to the continuing development and improvement of the school system. He stated that Mr. Saunders has two children in the Roanoke City school System which is evidence of his confidence in the City's system of education, as well as his stake in public education, and called attention to the importance of appointing persons to the School Board who currently have children enrolled in the system because it heightens their interest in school activities and increases their awareness of school programs. He recommended that Council appoint John H. Saunders to a position on the Roanoke City School Board. Mr. George E. Franklin, 1715 Loudon Avenue, N. W., appeared before Council and spoke in support of the application of M. Wendy O'Neil. He stated that Wendy O'Neil has proven over the last three years as a member of the School Board and prior to that time as an employee of the school system, that her primary interest lies tn insuring that all children receive the opportunities they deserve in order to develop into the kinds of adults that this country needs. He referred to tolerance and expulsion for life from school, advising that it is easy to support that type of decision because of the level of concern for violence in the school system and weapons on school property, but it becomes difficult to answer the question, "then what". He stated that Wendy O'Neil ts looking at the issue of "then what". He added that each day he deals with students who are most likely to participate in activities that will cause expulsion, therefore, one must have the concerns of children at the heart of what one does. He referred to a situation last year that involved a weapon on school grounds, and out of all seven School Board members, Wendy O'Neil was the one who came forth and inquired about what would be done to help the student who was involved in this unfortunate Incident. He added that to make such an inquiry, one must have the concerns of children at the heart of what one does, and Wendy O'Neil has been a significant part of the stimulus to grow. On behalf of himself and the Hurt Park Neighborhood Association, Mr. Franklin expressed support for the reappointment of Ms. O'Neil because of what she means to the children of Roanoke City and because of the level of service she has demonstrated during the past three years. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. The Mayor withdrew his request for an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: BUDGET-REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY: A communication from Kit B. Klser, Roanoke City Representative to the Roanoke Valley Resource Authority, requesting approval of the Authority's proposed fiscal year 1994-95 budget, was before Council. In summary, Mr. Kiser advised that tipping fees are projected to remain at their current level with charter member governments' credit reducing from $20.00 per ton to $10.00 per ton. (For full text, see communication and budget on file in the City Clerk's Office.) Mr. Harvey expressed concern with regard to disposal fees. He stated that all pick-up trucks and cars should pay a small flat rate disposal fee as opposed to paying the higher per ton disposal fee. He added that because the average citizen may not be able to afford to pay the disposal fee, dumping on public property could become a problem. For the abovestated reason, he advised that he intended to cast a symbolic vote against the resolution approving the 1994-95 annual budget of the Roanoke Valley Resource Authority. 87 ,! ACTION: ACTION: The Mayor supported the comments of Mr. Harvey, and advised that Council should be cautious when appointing authorities and commissions because the direct connection to City Council for accountability is lost. Mr. White offered the following resolution: (#31952-041894) A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for fiscal year 1994-95, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 56, page 43.) Mr. White moved the adoption of Resolution No. 31952-041894. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, White, Bowles and Edwards ........................................... 4. NAYS: Council Member Harvey and Mayor Bowers .... 2. (Council Member Musser had not arrived at the meeting.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: ACTS OF ACKNOWLEDGEMENT-COMMUNICATIONS DEPARTMENT- CITY EMPLOYEES: The City Manager advised that National Public Safety Telecommunicator Week was celebrated on April 10 17, 1994; whereupon, Mr. Edwards offered the following resolution recognizing Sharon F. Jennings as Employee of The Year in the City's Communications Department: (%31951-041894) A RESOLUTION recognizing Sharon F. Jennings as Employee of The Year in the City Communications Department. (For full text of Resolution, see Resolution Book No. 56, page 42.) Mr. Edwards moved the adoption of Resolution No. 31951-041894. The motion was seconded by Mr. Harvey and adopted by the following vote: 88 AYES: Council Me~ber Harvey, White, Bowles, Edwards and Mayor Bowers ....................................... 5. NAYS: None ....................................... 0. (Council Member McCadden was out of the Council Chamber.) (Council Member Musser had not arrived at the meeting.) Robert J. Agnor, Manager, Communications Department, introduced Ms. Jennings and commended her for exemplary service to the City. The City Manager presented a plaque in appreciation of Ms. Jennings' dedication by assisting citizens in their public need; a letter commending her skills, capability, dedication and compassion; and a U. S. Savings Bond in the amount of $100.00. On behalf of the Members of City Council, the Mayor presented Ms. Jenn£ngs with a ceremonial copy of Resolution No. 31951-041894, and commended her for a job well done. At 3:20 p.m., the Mayor declared the meeting in recess. At 3:25 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. (Council Member Musser entered the meeting at 3:25 p.m.) BUDGET: The City Manager presented an overview of the proposed and balanced fiscal year 1994-95 budget of the City of Roanoke which is up 5.47 per cent over fiscal year 1993-94, and includes a fully funded basic school budget as adopted by the School Board, which is up 6.05 per cent over fiscal year 1993-94. In connection with certain discussions taking place across the Commonwealth of Virginia, he stated that as the budget was formulated, guidelines were set forth that will reflect in the preparation of the budget for not only this year but in future years. He explained that Council has clearly stated that it wants the City's financial abilities to remain stable and that the integrity of the City be maintained, and therefore, no programs were recommended to be cut in terms of service to citizens. He added that certain new programs were proposed to be added and existing programs have been expanded such as continuation of recycling efforts in order to provide another 8,000 - 10,000 households with recycling services, no new positions were added other than those mandated in terms of new programs, and the School Board's budget was funded as requested along with an additional $160,712.00. He stated that no tax rate increases are proposed and a competitive pay increase for City employees is proposed, thereby raising the pay plan structure a recommended 2.3 per cent and a 3.8 per cent pay raise based on the mid- point in a particular range. He noted that additional funding for employee life insurance premiums is included at a cost of $278,326.00, and approximately $3.2 million is proposed for human service categories. He explained that much of the City's funds come in mandated forms and the City has no flexibility as to how the funds are spent, and in the case of human services fundinq, the City is required to provide approximately another $550,000.00 in local funds to match human services and social service categories. He added that increased landfill costs are up $430,000.00 which is the second of a third year funding cycle, and Increased Capital Fund Transfers is up $217,000.00. He advised that when all of the above items were included, there remained a balance of $327,000.00 for new programs; whereupon, he called upon the Director of Finance for a briefing with regard to sources of local, state and intergovernmental revenues. The Director of Finance advised that this years' General Fund revenue estimate totals $136.8 million, or up 5.47 per cent over fiscal year 1993-94, with the General Fund revenue estimate divided between three categories: local taxes, intergovernmental revenue and charges for current services. He stated that the City has $7.0 million to allocate into the fiscal year 1994-95 budget compared to $5.0 million in fiscal year 1993-94, with the difference primarily in social service reimbursements and intergovernmental revenue. He added that local taxes are up 3.5 per cent in total; that in connection with real estate taxes, the proposed budget was compiled with one cent less than last year because Council reduced the real estate tax rate effective January 1, 1994, which, in effect, made the real estate tax rate $1.24 for fiscal year 1993-94, and in fiscal year 1994-95, the City will have to absorb the other one cent which means approximately $293,000.00 less revenue. He explained that the City was recently notified that the Federal Government plans to take title to the Poff Building on Septe~xber 30, 1994, thereby causing an impact on the 1994-95 fiscal year budget of approximately $100,000.00 less in real estate taxes and annually, the loss of revenue will be approximately $142,000.00. He 90 explained that other self-assessing taxes such as sales tax, utility tax, business license tax, and prepared food and beverage tax are performing above the anticipated increase in the inflation rate for fiscal year 1994-95 which was calculated at four per cent. He stated that projections in the cigarette tax have been reduced which is the only tax that is anticipated to go down in fiscal year 1994-95; and intergovernmental revenue will increase about $3.0 million which will cost the City $525,000.00 of local money to implement the $3.0 million worth of changes. In connection with charges for current services, he stated that it is anticipated that Hotel Roanoke will generate a revenue source in fiscal year 1994-95; that court costs are up $61,000.00, and public safety fees are anticipated to increase. Overall, he stated that revenues are up 5.47 per cent and all Enterprise Funds have revenue rate structures to support their operation for fiscal year 1994-95. The City Manager advised that after completing the basic budget for fiscal year 1994-95 and properly funding accounts, approximately $327,000.00 was available to address supplemental Priority I type programs~ and the Supplemental Budget includes the following new positions, programs, and initiatives which are recommended for Council's consideration: (1) Alley Maintenance Program (2) Commissioner of Revenue - Additional (3) Diversified Housing Initiatives Position (4) Jail Annex Operating Costs (5) On-Site Physician Program (6) Purchase of Worker's Compensation, and General Liability Auto Liability Insurance (7) Employee Parking (8) Three Additional Civic Center Initiatives Trades Helper Positions (9) Four Maintenance Positions - Sewage Treatment Plant 91 ACTION: In summary, the City Manager advised that the proposed fiscal year 1994-95 budget contains no tax increases or service reductions. He further advised that certain new initiatives are proposed, some of which are mandated by the times in which we live, and some are mandated by the Federal and State Governments in terms of obligations imposed upon the City in the social services area for matching programs. (See proposed fiscal year 1994-95 budget on file in the City Clerk's Office.) Mr. White moved that Council receive the City Manager's proposed 1994-95 fiscal year budget and refer the document to 1994-95 budget study for further consideration The motion was seconded byMr. McCadden and adopted. Council approved the following 1994-95 budget study dates: Wednesday, May 4, 1994 9:30 a.m. 12:00 noon 1:30 p.m. - 5:00 p.m. Thursday, May 5, 1994 - 9:00 a.m. - 12:00 noon (Council/Roanoke City School Board) 1:30 p.m. - 5:00 p.m. Friday, May 6, 1994 - 9:00 a.m. - 12:00 noon 1:30 p.m. - 5:00 p.m. ITEMS RECOMMENDED FOR ACTION: ELECTIONS-BUDGET-REGISTRAR: The City Manager submitted a written report advising that the Office of the General Registrar and Electoral Board are charged with the responsibility of holding elections in the City of Roanoke, pursuant to Section 24.2 of the code of the City of Roanoke (1979), as amended~ that the City is required to hold an election each November and an election in May every even numbered year~ that at the time the budget is prepared, it is not always possible to anticipate Primary and Special Elections~ that $36,000.00 was budgeted for fiscal year 1993-94 for Fees for Profeseional Services to cover the cost of the November 1993 and May 1994 election$~ and funds budgeted for the May 1994 election were expended for the Primary election held on March 1, 1994. 92 ACTION: It was further advised that the Roanoke City Democratic Party called for a Primaryelection to be held on March 1, 1994, and the State has issued an order for a Senatorial Primary election to be held on June 14, 1994; that funding in the Registrar's budget is inadequate for two additional elections; and estimated expenses for the May 3 Councilmanic election and the June 4 Primary election total $16,295.00 and $12,720.00, respectively. The City Manager recommended that Council authorize the transfer of $30,000.00 from General Fund Contingency Account No. 001-002-9410-2199 to Office of General Registrar, as follows: Temporary Wages 001-010-1310-1004 $ 27,200.00 FICA 001-010-1310-1120 2,080.00 Fees for Professional Services 001-010-1310-2010 720.00 (For full text, see report on file in the City Clerk's Office.) offered the following emergency budget Mr. White ordinance: (#31953-041894) A~ ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 44.) Mr. White moved the adoption of Ordinance No. 31953- 041894. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Harvey, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: Council Member McCadden .................... 1. BUDGET-PARKS AND RECREATION-PUBLIC WORKS-CMERP- DISABLED PERSONS-FLEET MAINTENANCE FUND-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need for a recreational type vehicle equipped for handicapped access, which will be primarily used for Parks and Recreation activities, however, the requested unit will also be used for out-of-town trips and must comply with the American Disabilities Act. 93 ACTION: ACTION: It was further advised that bids were received and reviewed by a bid committee; whereupon, the City Manager reco~u~ended that Council accept the bid submitted by Salem Quality Equipment, Inc., for one 18-passenger demo recreational vehicle, at a total cost of $3?,985.00; and that $37,985.00 be appropriated from Capital Maintenance and Equipment Replacement Program to Fleet Maintenance Fund, Account No. 017-052-2642-9010. (For full text, see report on file in the City Clerk's Office.) Mr. Harvey offered the following emergency budget ordinance: (#31954-041894) AN ORDINANCE to amend and reordatn certain sections of the 1993-94 General and Fleet Maintenance Fund Appropriations, and providing for an emergency. (For full text of Ordinance, page 45.) see Ordinance Book No. 56, Mr. Harvey moved the adoption of Ordinance No. 31954-041894. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ................ 7. NAYS: None ....................................... 0. Mr. Harvey offered the following resolution: (#31955-041894) made to the City for recreational vehicle. A RESOLUTION accepting the only bid furnishing and delivering one demo (For full text of Resolution, see Resolution Book No. 56, page 46.) Mr. Harvey moved the adoption of Resolution No. 31955-041894. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ................ 7. NAYS: None ....................................... 0. DIRECTOR OF FINANCE: CITY CODE-BINGO/RAFFLES. The Dlrector of Finance submitted a written report with regard to annual bingo activity through September 30, 1993, advising that bingo, a form of gambling, is permitted in order that funds may be raised to benefit lawful religious, charitable, community or educational organizations; that if proflts are not shown to benefit charity, the purpose for which gambling is permitted has not been met; that 51 per cent of the profits were expended for charitable purposes during the period in comparison to 53 per cent spent in 1992; that the average profit percentage for organizations conducting bingo is declining; that in 1993, the profit was six per cent of total gross receipts, in 1992, seven per cent and in 1991, ten per cent; that three per cent of total gross receipts were spent for charitable purposes in 1993; that legislation passed in 1994, which will become effective on July 1, 1994, requires localities to set a predetermined percentage of gross receipts from bingo games or raffles to be used for charitable purposes; and in 1993, localities were authorized at their option to establish a percentage. It was further advised that each organization with gross receipts in excess of $500,000.00 submitted an opinion by a certified public accountant that the annual financial report of the organization was fairly stated; that in addition, numerous compliance audits were conducted on each organization during 1993 on the recordkeeping, operating and accounting procedures; that in 1993, a Senate joint resolution was passed establishing a joint subcommittee to investigate frauds and abuses in bingo throughout the Commonwealth of Virginia and to re-evaluate existing laws governing bingo and raffles; that the committee has suggested many changes to existing laws and its study will continue during 1994; and the outcome of the study may have a large impact on existing laws that govern bingo and raffle operations. (For full text, see report on file in the City Clerk's Office.) Without obJectionb¥ Council, the Mayor advised that the report would be received and filed. 95 CITY CODE-BINGO/RAFFLES: The Director of Finance submitted a written report advising that during the 1994 legislative session, Section 18.2-340.3 of the Code of Virginia, was amended to require localities to adopt an ordinance requiring that as a condition of issuing a permit that a pre-determined percentage of gross receipts from bingo games or raffles be used for charitable purposes; that much attention has been glven to the dollars actually spent for charitable purposes as compared to the total amount of dollars generated from bingo operations; and in 1993, localities were authorized at their option to set a percentage. It was further advised that 100 per cent of net proceeds (profits) must always be spent on lawful religious, charitable, community or educational purposes; that it is important to keep in mind that net proceeds (profit) is the amount let over from gross receipts after expenses and prizes have been deducted; and as of July 1, 1994, each locality will now be required to establish a pre-determined percentage of gross receipts (not profit) that must be used or spent for charitable purposes as a condition of issuance of a permit. The Director of Finance pointed out that of the five organizations required to file a financial report from bingo operations for the year ended September 30, 1993, the percentage of gross receipts spent for charitable purposes ranged from 1.5 per cent to 8.8 per cent with an average of 4.0 per cent; and for the year ended September 30, 1992, the percentage of gross receipts spent for charitable purposes for the same organizations ranged from .02 per cent to 18.2 per cent with an average of 5.2 per cent. Mr. Grisso explained that the Code of Virginia sets the fiscal reporting year for bingo and raffle operations as October 1 through September 30; therefore, in accordance with Section 18.2-304.3(5), it is recommended that effective October 1, 1994, as a condition of receiving a permit, that an organization shall spend no less than 5.0 per cent of gross receipts from bingo or raffle operations for those lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized and for those expenses relating to the acquisition, construction, maintenance or repair of any interest in certain real property and no less than 10 per cent of gross receipts averaged for three consecutive fiscal years, and any organization not meeting this percentage would not be issued a permit. Mr. Musser offered the following emergency Ordinance: "AN ORDINANCE amending and reordaining Section 21- 68, Requirement of issuance of permit; where validt duration; permits subject to requlations, of Article II, Gambling, of Chapter 21, Offenses - Misc~llaneous, of the Code of the City of Roanoke (1979), as amended, by the addition of new subsection (e), such new subsection requiring organizations operating bingo games and raffles to spend at lease five percent (5%) of gross receipts annually for lawful religious, charitable, community or educational purposes, and requiring that no less than ten per cent (10%) of gross receipts averaged for three consecutive years to be used for such purposes; and providing for an emergency." The motion was seconded by Mrs. Bowles. Joseph K. Ingram, Member, Voice of the Blue Ridge, advised that the Voice of the Blue Ridge has endeavored to foster bingo activities in keeping with the Codes of the City of Roanoke and the Commonwealth of Virginia. He stated that the five per cent of gross receipts which is recommended by the Director of Finance to Council is an arbitrary figure and advised that if it is necessary to fulfill State requirements insofar as allocation of funds on an annual basis, he would suggest that Council start at a more modest basis than five per cent per year, such as one per cent which could be eventually increased. He explained that enforcement of five per cent or ten per cent over a period of time, would eventually cause bingo to cease to exist, and added that it appears that the City of Roanoke is giving more consideration to the change in bingo rules than it gave to the lottery when the State changed the formula for allocation of funds. In summary, he advised that funds that are raised through bingo activities conducted by the Voice of the Blue Ridge are used in a prudent manner to serve a broad base of people who receive a service they cannot receive from any other source; that five per cent of gross receipts is too high and would cause the Voice of the Blue Ridge to spend money indiscriminately, and requested that the percentage be started at a lower level inasmuch as State law does not require the City to impose a fee of five per cent of gross receipts. John H. Keyser, Bingo Manager, Veterans of Foreign Wars, advised that his organization has conducted bingo for the past 15 years. He stated that bingo profits have declined because of additional expenses, one of which is 97 ACTION: the two per cent of gross receipts currently paid to the City. He suggested that the percentage of gross receipts be set at three per cent instead of five per cent and requested that Council review the percentage imposed by other communities in Virginia. Clay L. Dawson, President of the Northwest Recreation Club, appeared before Council in opposition to the five per cent of gross receipts as recommended by the Director of Finance. Following discussion of the report, Mr. Harvey offered a substitute motion that action on the matter be deferred until the regular meeting of Council on Monday, April 25, 1994, for further study and report by the Director of Finance. The motion was seconded by Mr. McCadden and unanimously adopted. The Mayor requested that Council be provided with information with regard to compliance with State law by other jurisdictions in the Commonwealth of Virginia as to operation and auditing of bingo activities. REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: SCHOOLS-YOUTH-TEENAGE PREGNANCY: Council Member Edwards requested a status report from the City Manager with regard to appointment of the task force to study the issue of teenage pregnancy; whereupon, the City Manager advised that the matter was referred to him as the result of a joint meeting of Council and the School Board in December 1993. He stated that City staff began working on the matter in January 1994, that a list of 23 names of individuals from all walks of life, both within and without the boundaries of the City, was compiled to address the issue, that invitations to serve were extended and some rejections were received, therefore, a second round of invitations was extended and by early March, 18 of 23 formal acceptances had been received, with five remaining slots to be filled. He advised that ACTION: during the January - March timeframe, the Director of Human Development met with officials from Virginia Polytechnic Institute and State University who agreed to provide a facilitator, as well as graduate students to gather research on statistics and programs, and an organizational meeting has been tentatively scheduled for April 27, 1994. OTHER HEARINGS OF CITIZENS: None. OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The Mayor advised that there is a vacancy on the Advisory Board of Human Development, due to the ineligibility of Acree Hayes to serve another term, and called for nominations to fill the vacancy. Mrs. Bowles placed in nomination the name of Douglas C. Dowe. There being no further nominations, Mr. Dowe was elected as a member of the Advisory Board of Human Development, for a term ending November 30, 1997, by the following vote: FOR MR. DOWE: Council Members Harvey, McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ........ 7. There being no further business, the Mayor declared the meeting adjourned at 5:20 p.m. APPROVED ATTE ST: Mary F. Parker City Clerk David A. Bowers Mayor 99 COUNCIL .... PUBLIC INTERVIEWS OF SCHOOL BOARD APPLICANTS April 21, 1994 4:30 p.m. The Council of the City of Roanoke held public interviews with five candidates for the position of School Board Trustee on Thursday, April 21, 1994, at 4:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowles, John S. Edwards, James G. Harvey, II, Howard E. Musser, Wllllam White, Sr., and Mayor Davld A. Bowers ........................................ 6. ABSENT: Delvis O. McCadden ................................. 1. OFFICERS PRESENT: Mary F. Parker, City Clerk. SCHOOL BOARD APPLICANTS PRESENT: James P. Beatty, Marilyn L. Curtis, Marsha W. Ellison, M. Wendy O'Neil and John H. Saunders. The meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. SCHOOLS: The Mayor advised that on June 30, 1994, the terms of Marilyn L. Curtis, M. Wendy O'Neil and James M. Turner, Jr., as Trustees of the Roanoke City School Board will expire. He further advised that the purpose of the meeting is to interview five candidates for the upcoming vacancies. The Mayor called attention to the following actions which were taken by Council, pursuant to provisions of Chapter 9, Education, Code of the City of Roanoke, 1979, as amended: At regular meetings of the City Council held on January 24 and February 7, 1994, Council announced its intention to elect Trustees of the Roanoke City School Board for terms commencing July 1, 1994. Advertisements were placed in the Roanoke Times & World- News inviting applications for the upcoming vacancies. Six applications were received in the City Clerk's Office prior to the 5:00 p.m., deadline on Thursday, March 10, 1994. On March 14, 1994, at 6:00 p.m., Council held a reception with the candidates which was open to the public. 100 On March 28, 1994, at 2:00 p.m., Council, as a Committee of the Whole, reviewed and considered all applications. At the regular meeting of City Council on Monday, April 11, 1994, at 7:30 p.m., Council voted to interview five persons (Robert D. Ross previously requested that has application be removed from consideration). The selection process provides, in part, that the number of candidates to be granted the interview will not exceed three times the number of positions available on the Roanoke City School Board, should there be so many candidates. Those candidates who were to be accorded the public interviews were notified by the City Clerk on April 7, 1994. A notice was published in the Roanoke Times & World-News on Thursday, April 7, 1994, inviting attendance at a public hearing to be held on April 18, 1994, at 2:00 p.m., to receive the views of citizens regarding appointment of School Board Trustees, and to submit proposed questions to the candidates by filing such written questions in the City Clerk's Office by 5:00 p.m., on Tuesday, April 14, 1994, however, no questions were submitted. The Mayor explained that the selection process provides that Council will publicly interview each candidate separately and out of the presence and hearing of the other candidates, advising that Section 9-21, Public Interview of Candidates, of the Code of the City of Roanoke (1979), as amended, provides, in part, that interviews of candidates shall take place in an order deemed appropriate by City Council; whereupon, the Mayor stated that the City Clerk had scheduled the interviews in the following order: 4:30 p.m. 5:00 p.m. 5:30 p.m. 6:00 p.m. 6:15 p.m. 6:45 p.m. - Marsha W. Ellison - John B. Saunders - James P. Beatty - Break - Marilyn L, Curtis - M. Wendy O'Neil Mayor Bowers pointed out that each candidate would be given the opportunity to make an opening statement of not more than five minutes, and thereafter, Council would ask such questions, as Council, in its discretion, deems advisable. He explained that five interviews would be held and each interview would consist of approximately 30 minutes, advising that after each interview was completed, the candidate could leave the Council Chamber inasmuch as no action would be taken by the Council. 101 In conclusion, the Mayor advised that on Monday, May 9, 1994, at 7:30 p.m., or as soon thereafter as the matter may be considered, the Council will hold an election to fill the two upcoming vacancies on the Roanoke City School Board. The first person to be interviewed was Marsha W. Ellison. Ms. Ellison advised that she would be an asset to the Roanoke City School Board because she has been closely involved with the schools for approximately ten years as a volunteer and a PTA member. She stated that during the past year, she participated in the following: member of the Superintendent's budget advisory council, member of the system-wide leadership council on site-based management, coordinator for the Superintendent's request for parents views on school system priorities, coordinate for the superintendent's request for parental educational beliefs and values, participant in the draft revision for the standards for student behavior, and facilitator and advisor to the formation of the Hurt Park Elementary School PTA. She advised that she is familiar with the school system, and if appointed, would join the School Board with the knowledge that would enable her to do a good Job, and she knows school personnel, administrators, teachers, students, and parents. She called attention to her service as President of Central Council PTA for the past two years, advising that she has attended almost every School Board meeting, she has worked well with the parents of students attending 29 schools in the different quadrants of the City, and she is a proven consensus builder. In connection with educational beliefs and values, she stated that the public schools must provide a quality education for all children as prescribed by law, however, it should be remembered that the school division must rise to meet the challenge of providing an excellent education to students who range from the brightest to the bright, and to those who face extreme hardships, disabilities and risks. She added that Roanoke's school division is doing a good Job at meeting these challenges, but there is more to be done, and having been a member of last year's long range planning committee, she is aware of the many elements that make the school system function and the commitment of citizens to continued success, she pointed out that advanced technology education and application is a necessity for today's work place and marketplace, and Roanoke must prepare its young people with the rudiments of technology education to enable them to pursue a successful career or advanced education placement, which will enable them to succeed and help the community to attract and retain high-tech corporations with a well equipped work force. She called attention to other challenges to be faced such as Roanoke's high teenage pregnancy rate and school safety. She advised of her involvement three years ago with a group of parents that requested the D.A.R.E. officers in the two high schools, and expressed appreciation to the City for making the officers available. In closing, Ms. Ellison pointed out 102 that she has the knowledge, the ability to work with people, and a deep commitment to help carry forward the Roanoke City Public Schools, and she looks forward to the possibility of working with Council to make the Roanoke City Schools the best that they can be. Mr. Musser asked the following questions: QUESTION: What is your opinion of the performance of the current School Board and School Administration? ANSWER: Ms. Ellison responded that both the School Board and the School Administration are doing a good job, that the School Board and the new Superintendent appear to work well together, and they approach each other with mutual respect and confidence. QUESTION: What would you contribute as a School Board member to help further this relationship? ANSWER: Ms. Ellison stated that she is a consensus builder and she works well with people in an effort to reach a consensus, while taking into consideration the importance of all viewpoints which is an asset that she would bring to the School Board. She advised that she is a good organizer, having organized numerous functions for the schools from dances to auctions to major events. QUESTION: What are your recommendations to prepare children, education-wise, for the future work force? ANSWER: Ms. Ellison advised that she supports the Superintendent's proposal for the school system to raise $7.5 million through private and business donations as well as bonds. She spoke in favor of creating and implementing a long range technical plan for the school system and called attention to the importance of insuring that teachers are properly trained in the use of computers and other available technical instruments so that they will be able to impart their knowledge to Roanoke's young people. Mr. White asked the following question: QUESTION: What do you view as the major two strengths and the major two weaknesses facing the Roanoke City School system, and how would you improve on the strengths and alleviate the weaknesses if you are appointed to the School Board? ANSWER: Ms. Ellison responded that one of the great strengths of the system is that it has addressed the needs of all children, however, more efforts should be made to reach children across the entire spectrum from the gifted to the average to the at-risk. She stated that between 48 - 52 per cent of the children in the system come from disadvantaged homes and the City schools are meeting this 103 challenge through disparity funds provided by the State. She added that it has been a goal of parents for the last several years to reduce primary grade class sizes which will be accomplished in the coming school year with the hiring of additional teachers. She stated thst another strength lies in the magnet schools which were established in the mid-1980's to increase integration, and the magnet schools have attracted students from throughout the whole Roanoke Valley because of the numerous programs that are offered. She added, however, that Roanoke Magnet Schools recruiting could be improved and she would be in favor of a study to determine if they have accomplished the goals that were initially established. She addressed the matter of teacher salaries, advising that beginning teachers earn approximately $23,400.00 and out of 11 surrounding school divisions, Roanoke ranks llth, that the average teacher salary is approximately $32,800.00 and out of the surrounding school divisions, Roanoke ranks 7th. She pointed out that Roanoke ranks 20th in average teacher salaries out of 133 school divisions in Virginia which is a fairly good statistic, but in order to attract the best and most qualified teachers from not only this area but nationally, Roanoke must set a goal of increasing teacher salaries and this year's budget addresses the issue. Mr. Harvey asked the followinq question: QUESTION: What would you do as a member of to support the Superintendent of Schools in encourage more parental involvement? the School Board his efforts to ANSWER: Ms. Ellison advised that there will always be those parents who will be actively involved in school matters, that she would favor personal contacts with other parents to encourage their involvement, and she commended Superintendent Harris for a job well done this year. She called attention to a study by the Virginia School Board Association last year which showed that out of 700 school divisions in the nation, the biggest problem regarding discipline and violence involved student assault and the second largest problem involved weapon possession. She praised Superintendent Harris on how he went about creating and revising the policy for student behavior and discipline which clearly sets forth what will and will not be tolerated in the schools and addresses both minimum and maximum behavior. Insofar as gaining more parental involvement, she stated that she would encourage personal contacts with parents by urging them to attend student/teacher conferences and to participate in the Parent- Teacher Associations and other school related programs and activities. 104 Mr. Edwards asked the followlnq questions: QUESTION: How long did you work in New York after graduating from college and what was your work experience? ANSWER: Ms. Ellison advised that following graduation from Molllns College where she was a philosophy and religion major, she entered the work force in New York City as assistant to a merchandising manager and her responsibilities Included working with budgets and placement of goods in stores. She added that later she Joined a firm dealing with Jewelr~ items which was followed by a secretarial position with one of the largest construction companies on the east coast. QUESTION: Did you have an opportunity to work in finance? ANSWER: Ms. Ellison advised that as a part of her responsibilities with the construction company, she was involved in bid preparations, and she worked with unions and maintained records of employment on various construction job sites. QUESTION: Do you feel comfortable working with budgets? ANSWER: Ms. Elllson responded that she is not an expert on reading budgets, but for the last several years she has studied the school budget in depth, and is familiar with how the funds have been used. QUESTION: How will your role as a parent benefit you as a School Board member? ANSWER: Ms. Ellison advised that she has a child at Patrick Henry High School and a child at Woodrow Wilson Middle School and from a parent's perspective, she has first hand knowledge of what happens in the schools. QUESTION: What importance do you place on sports tn the educational system? ANSWER: Ms. Ellison advised that sports and physical education are important to the body and spirit of all young people. She added that sports provides students with extra motivation, a desire to attend school and to perform better in their studies. Mrs. Bowles asked the followinq question: QUESTION: With the exception of the discipline and safety problems, what is the most important issue facing the Roanoke City School Board during the coming year? 105 ANSWER: Ms. Ellison advised that the most important issue the School Board will face in the cominq year will be implementation of the goals which were adopted last year. She stated that the Superintendent did considerable research and sought community input on what the School Board's priorities should be and he placed great value on the input of parents. She explained that the goals involve development of a vision for the Roanoke City Schools, and to provide a holistic approach to learning for all students so that the learning environment will be conducive to good learning. She added that the challenges will not be easy to address because there are many different aspects of these broad based goals. Mayor Bowers asked the followinq question: QUESTION: Have you applied for a public position in the past, why have you chosen to do so now, and why should Council appoint you as a Trustee of the Roanoke City School Board? ANSWER: Ms. Ellison advised that she applied for the position because she has a contribution to make to the school system, that the one parent who currently serves on the School Board, James M. Turner, Jr., will step down on July 1, and her appointment would retain that unique perspective of a parent who is well informed on local and national educational issues. She stated that the issue of safety in the schools is a national problem, that Roanoke City is quite safe, but it must continue to monitor the situation and insure that all schools continue to offer a safe environment. She added that she has not applied for any similar position in the past. The second person to be interviewed was John H. Saunders Mr. Saunders advised that he is seeking a position on the Roanoke City School Board first and foremost because he is deeply committed to public education, and noted that he is the father of two children who are students in the City's public school system, and he is a graduate of the Roanoke City Public Schools. He stated that Roanoke City Schools are in excellent condition today, but there are a number of challenges that must be met in the future and he is prepared to work with Council to develop effective solutions to those challenges. Since applying for a seat on the School Board, he advised that he has talked with each member of Council and each current School Board member in order to learn what it takes to become an effective school Board Trustee and to learn about Council's expectations of an effective School Board member; and he has met with the Superintendent of Schools to learn about his priorities for the future and to obtain his perspective on the school system. He added that he has visited 16 of the schools in Roanoke City and intends to visit the remainder of the schools in the near future, and pointed out that his visits made him aware of the quality of education that Roanoke City children receive. Ne 106 explained that education in Roanoke City is focused first and foremost on the child in virtually every school that he visited, and he found that the approach to education was customized to the neighborhood and to the particular capabilities of the schools. He stated that he was particularly impressed with the way that the school system prepares students for not only college, but the extraordinary programs that are available to teach children how to become effective members of the work force. He further stated that Roanoke City has done an excellent job with integrating technology into the core curriculum, and he was particularly impressed with the dedication, commitment and resourcefulness of staff, faculty and administrators and above all, there is a tremendous evidence of pride on the part of faculty members and students. He called attention to the challenge of finding ways to continue special education programs when funding does not exist, to expand opportunities for development of faculty and administrators, and to maintain the enthusiasm of students and faculty during future renovations to the middle and high schools. He encouraged the members of Council to visit the schools and advised that he would like the opportunity to work with Council in an effort to build on the tremendous foundation that presently exists. Mr. White asked the followinq question: QUESTION: What do you see as the major two strengths and the major two weaknesses facing the Roanoke City school system, and how would you improve on the strengths and eliminate the weaknesses? ANSWER: Mr. Saunders advised that the strengths of the school system lie in the diversity of curriculum choices that are available to students, and when compared to certain other major localities, Roanoke offers a broader curriculum choice. He stated that the second most important strength of the system is /ts staff, with teachers and administrators who are dedicated and enthusiastic. He advised that one of the biggest challenges facing the system in the future is financial in nature and noted that the system will have to be very creative and extraordinarily efficient in order to maintain the quality of education at its current level. He added that another challenge deals with the renovation of the middle schools and the high schools, that considerable renovation has taken place in the elementary schools, but because middle and high schools are considerably larger, it will be a challenge to manage the renovations and preserve the quality of education at the same time. He stated that in order to meet the challenges and to build on the strengths, cooperation will be required to insure that faculty and staff receive the recognition they deserve for their efforts, and it is important to correct the misconception that exists in the community that Roanoke City Schools do not offer quality education. He called attention to the importance of providing the financial resources necessary to bring the compensation of teachers in line with national averages. 107 Mr. Harvey asked the followinq question: QUESTION: What would you do as a member of the School Board to create more parental involvement? ANSWER: Mr. Saunders advised that a clear delineation of the rules and the consequences of breaking the rules has been lacking for some time in the educational system, that Superintendent Harrls has reduced the process to written form and in order for the process to be successful, the involvement of students and parents is essential at the outset. He stated that he would support programs that reach out to parents and if necessary, he would favor visits to the homes to encourage parents to become more involved and to review the Student Code of Behavior. Mr. Edwards asked the following questions: QUESTION: What can the Roanoke City Public Schools do in conjunction with Roanoke City Government to attract more jobs to the Roanoke area? ANSWER: Mr. Saunders advised that there is an important linkage, that the City's economic literature speaks to the high quality of education, but it lacks specific examples of what is happening in the Roanoke City Schools that would be of particular interest to a prospective employer. He stated that any evidence that could be provided to employers who are contemplating locating manufacturing or engineering jobs in Roanoke City in relation to the various programs that are offered in the City's high schools would be advantageous, and he would like to work with the School Board to develop the story in the kind of language that a prospective employer would understand. He added that it would be valuable to prospective employers to know of the overall computer literacy of students in the Roanoke City Public Schools, because he was amazed to learn how well computer technology has been integrated into the present curriculum. QUESTION: What are your ideas about dealing with the issue of teenage pregnancy, and what type of after school activities would you envision? ANSWER: Mr. Saunders advised that the school system is forced to deal with society's problems, but the school system cannot solve all of society's problems, therefore, it must define effective responses to pressures placed on the system by society at-large. In regard to teenage pregnancy, he stated that he supports extensive education, but stops short at distributing birth control devices by the public school system because the school system should not go that far. He further stated that the school system should educate students about the consequences of that type of behavior, as well as various birth control methods. He spoke in 108 support of expanding the range of after school activities, and advised that one of the issues raised by faculty members is the desire for funding for an additional period which would enable students to take electives that they currently are not able to take due to scheduling problems in the middle and high schools. He stated that providing the extra course will help students to develop a purpose in life and a mission which will ultimately cause them to become more effective and contributing members of society. Mrs. Bowles asked the following question: QUESTION: With the exception of discipline and safety problems, what is your number one school concern? ANSWER: Mr. Saunders responded that it would be difficult to single out any one issue as being more important than another, however, it is important to find ways to expand the recognition of contributions made to the community by employees of the Roanoke City Schools. He expressed concern about media comments that Roanoke City Schools are behind other school systems in the area which is not a true statement because Roanoke City attracts students from all over the Roanoke Valley, including Craig County, Bedford County, Franklin County and it has been said that these students come to Roanoke City because they cannot receive certain educational opportunities in their own locality. Mr. Musser asked the followinq questions: QUESTION: What is your opinion of the effectiveness of the current School Board and School Administration? ANSWER: Mr. Saunders advised that the School Administration is still in the process of changing, that he has a great deal of respect for Superintendent Harris and appreciates his leadership style, and he works hard at developing a consensus by surrounding himself with people who may initially disagree with him, while incorporating their feedback and working to build a consensus that is focused on the student. In regard to the working relationship of the School Board with City Council, he stated that there are some areas in need of improvement, that all too often the School Board and City Council are situated on opposite sides of the table when, in fact, they should be of like minds, and he would like the opportunity to help remove some of the conflicts that have previously existed. He commented that the School Board could be more effective by becoming stronger public advocates of the quality of education that is offered in the community. He stated that there should not be articles in the newspaper that present Roanoke City Schools as inferior to other school systems, and if such articles are to be published, they should be immediately challenged by the School Board. 109 QUESTION: How should Roanoke City School students be prepared for the future work force? ANSWER: Mr. Saunders responded that Roanoke City students are extraordinarily well prepared for meaningful Jobs when they graduate from high school, therefore, the problem has been that the school system opens to them the world at large and expands their horizons to the extent that they are more aware than ever before of available opportunities, and as a result, they leave the Roanoke area to pursue other career opportunities. He stated that he could not point to a specific item that the Roanoke City Schools could do better or different to prepare students for the future work force than is currently being done. Mayor Bowers asked the following question: QUESTION: Have you ever applied for or have you been elected to public office, why now, and why should Council appoint you as a School Board Trustee? ANSWER: Mr. Saunders advised that he has not applied for any simllar type position, although he was quite active in extracurricular activities in college. As to his reason for applying for a position at this time, he stated that he is at a point in life where he is thankful for what he has been given, that he has talent, energy and enthusiasm and he would like to give something back to his community. He further stated that he has the everyday concerns of the school system at heart because he is the parent of two students in the public school system. He added that he would be a good School Board appointee because he has a commitment to education, he has the enthusiasm, the time and the motivation to work with Council as a partner in an effort to preserve what currently exists in the Roanoke City Schools and to help make the school system even better. The third person to be interviewed was James P. Beatt¥ Mr. Beatty advised that he has three children who are graduates of the Roanoke City Public Schools. He stated that his first job in the Roanoke Valley was as a janitor which taught him the value of obtaining a good education; therefore, at age 25 he enrolled in college, later graduated and became a teacher, and later became Assistant Personnel Director for the City of Roanoke, a position he has held for the past 21 years. He added that he would like to become a member of the School Board to help strengthen those students who, historically, do not qualify for the CITY School, the Magnet Schools, or the Governor's School, etc., because those students need additional attention and make up the greater percentage of students graduating from high school. He called attention to and expressed concern for the students who leave school without obtaining a saleable or marketable education 215 ACTION: ACTION: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers ................................ 5. NAYS: None ....................................... 0. (Council Members Harvey and White were absent.) Mr. McCadden offered the following emergency budget ordinance: (#32001-051694) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 115.) Mr. McCadden moved the adoption of ordinance No. 32001-051694. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers ................................ 5. NAYS: None ....................................... 0. (Council Members Harvey and White were absent.) Mr. Edwards offered the following emergency ordinance: (%32002-051694) AN ORDINANCE accepting the bid of Adams Construction Company for paving and profiling of various streets, the loop road around the City Nursing Home and the Roanoke Civic Center Parking Lot, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. 56, No. McCadden (For full text of Ordinance, page 116.) Mr. Edwards moved the 32002-051694. The motion was seconded and adopted by the following vote: see Ordinance Book No. adoption of Ordinance by Mr. 110 and have no skills to help them compete in the world of work. He stated that his Masters Degree in Career Counseling, along with 21 years of direct Job related experience in Roanoke City, 17 years on the Advisory Boards of Patrick Henry and William Fleming High Schools, interviewing students and conducting various workshops throughout the Roanoke Valley make him a viable candidate for a position on the Roanoke City School Board. He advised that he is a strong believer in the Roanoke City Public School system and over the past 21 years, he has talked with many City workers who make their living as employees of the City of Roanoke, but feel that City schools are inferior to Roanoke County Schools and thus send their children to County schools, however, he does not share that opinion. He added that he supports the Roanoke City School system and is proud to be a resident of the City of Roanoke; that the City has been a good employer and he Is personally committed to giving something back to the City of Roanoke for the blessings he has received. He stated that if afforded the opportunity to serve as a School Trustee, he is confident that he will be an asset to the school system and particularly to the students served by the Roanoke City Schools. Mr. Harvey asked the following question: QUESTION: What would you do as a School Board member to cause greater involvement of parents in the school system? ANSWER: Mr. Beatty responded that he would be actively involved with the Parent-Teacher Associations in the various schools, he would communicate with parents in an effort to let them know the importance of working with their children in order to create an environment where they can attend school and receive a quality education and not have to worry about their safety or the threat of guns or other forms of violence in the schools, and he would stress to parents that education begins in the home setting. He called attention to the importance of getting back to basics. Mr. Edwards asked the following questions: QUESTION: How important is the role of sports in the public school system? ANSWER: Mr. Beatty advised that being a former coach, he views sports as an important part of the school system, that sports bring people together and provide an opportunity for young people to not only compete athletically, but promotes a kind of communication and camaraderie that helps students to become better citizens. He added that sports are an important part of the school system, and he would endorse sports programs, however, sports should not take precedence over getting a strong, sound education and that philosophy should be stressed by coaches, principals, teachers and parents. 111 QUESTION: What can the school reference to after school activities, the teenage pregnancy problem? system do, particularly in that will help to alleviate ANSWER: Mr. Beatty responded that teenage pregnancy is a tremendous problem in the City of Roanoke and the schools should play a pivotal role in addressing the problem. Again, he stated that the problem goes back to the home environment and early intervention by parents, teachers, principals and other persons involved with young people who can act as mentors and role models to steer Roanoke's youth in the right direction. He called attention to the need for more activities for young people after school, and spoke in favor of a teen center where young people could be actively involved, and receive counseling by their peers and adults as to the danger of involving themselves in sexual activities with the possible end results of pregnancy. He stated that he supports sex education at an early age. Mrs. Bowles asked the following question: QUESTION: With the exception of the discipline and safety problems, what are the most important issues facing the School Board? ANSWER: Mr. Beatty advised that the most important issue will be to attract quality teachers who, in turn, will provide quality education for Roanoke's children in order to enhance their lives, thereby enabllng them to go on to college and to become productive citizens. He called attention to the importance of open, clear and concise dialogue between the schools and the community. Mr. Musser asked the following questions: QUESTION: What is your opinion of the effectiveness of the current School Board and School Administration? ANSWER: Mr. Beatty responded that both the School Board and the School Administration are doing a commendable job. He called attention to the need to reach those masses of students who are graduating from high school and receiving a diploma without having any kind of knowledge or skills that will insure them of being able to compete in the work force, whether they go on to higher learning or go directly to a job. QUESTION: How can the school system better prepare students for prospective business or industry that may wish to locate in the Roanoke Valley? 112 ANSWER: In connection with the work force 2000, Mr. Beatty advised that it will be important to look for diversity in the work place and that the school system will graduate the kinds of students who will be able to meet the high technology demands that the work force 2000 will require. As such, he added that the school system should do a creditable Job in preparing those students and not allow a student to graduate until he or she has attained those skills and abilities and the kind of knowledge that will be required to meet the needs of future Roanoke Valley employers. Mr. White asked the followinq question: QUESTION: What do you see as the major two strengths and the major two weaknesses facing the school system and if you are appointed to the School Board, how will you improve on the strengths and alleviate the weaknesses? ANSWER: Mr. Beatty advised that the system is experiencing an economic downtrend in the school budget process, and he would be interested in looking at what the School Board can do to address this trend and review ways to save money while dealing with a decreasing budget from year to year. He stated that there never seems to be enough money to address all of the needs of the system, therefore, not having the necessary resources required for the quality of education that all citizens desire is a weakness, and as a School Board member, he would make a concerted effort to address all needs of the system. He stated that a major strength of the School Board is that it continues to be people-oriented and offers the kind of school system that is interested in a quality education for all young people, with teachers and administrators who are interested in the welfare of students and in preparing them to meet the challenges of the world. Mayor Bowers asked the following question: QUESTION: Why have you decided to seek a position on the School Board and why should Council appoint you as a Trustee of the Roanoke City School Board? ANSWER: Mr. Beatty advised that he is seeking a seat on the School Board because he has a genuine interest in the education of Roanoke's young people, because he is a citizen of the City of Roanoke and because he would like to make a difference for those children who are historically not a part of the mainstream, and if the needs of these young people are addressed, the Job of law enforcement will be easier. He expressed concern for the young person Just graduating from high school who cannot complete a Job application satisfactorily to insure that he or she will receive a Job interview; and he expressed further concern over young people 113 who are wasting their lives because they have given up on themselves and feel that they cannot compete in today's society. He added that service on the School Board would enable him to make a difference in the lives of young people. At 6:15 p.m., the Mayor declared the meeting in recess. At 6:30 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. The fourth person to be interviewed was Marilyn L. Curtis Ms. Curtis advised that she is requesting that Council give consideration to her application for reappointment to the Roanoke City School Board. She stated that she has learned much during the past six years of her service which has been both challenging and gratifying. She commended the School Superintendent, administrators and teachers for working together toward the goal of excellence in education and expressed appreciation to City Council for its support. She stated that the Roanoke City Schools are abreast of, and in many instances, ahead of other school systems in the country, and advised that at a recent school Board meeting there was discussion in regard to the continuation and development of partnerships in conjunction with existing partnerships which will widely broaden the City's scope and provide additional services to its students. If permitted to continue her service on the School Board, she added that one of her priorities for the upcoming years will be to afford businesses and citizens of the community an opportunity to contribute to the education of students. She complimented the "Tomorrow's Teachers Program" which is a program designed to encourage minorities to return to the City of Roanoke after college and join the school system. She stated that she favors continuation of the Long Range Planning Committee which is a committee of diverse citizens from all walks of llfe representing all sections of the City who work with the School Board to help set direction and accomplish goals. She added that one of her priorities has been that each child, regardless of race, creed or national origin, will be given an education that will train that child to become literate and a self-supporting adult whether the child is college bound or about to enter the work force. She stated that education should be received in safe schools, and students and personnel should be able to perform under safe conditions without the threat of danger or harm. She noted that she was hopeful that the City Council, the School Board and the entire City will continue its working relationship in order that the Goals of 2000 of the Roanoke Regional Chamber of Commerce will be accomplished so that every child will be ready to learn. She expressed the hope that City Council and City officials, and the School Board and School Administrators, along with area legislators will continue to work cooperatively so that mutual 114 goals will be accomplished in order to benefit the City of Roanoke and to help the City in its efforts to provide good schools that will produce future citizens who will be ready to face the next century. Mr. Edwards asked the followinq questions: QUESTION: What are some of the long range goals that the Roanoke City School system should address? ANSWER: Ms. Curtis advised that the School Board will establish goals and priorities that will be given to the School Administration for suggestions and submittal of a proposed plan. She explained that the Long Range Planning Committee will be invited to the June 7 School Board meeting for the purpose of restructuring and reorganizing. QUESTION: What are some of the things that the school system can do, particularly in connection with after school activities, to deal with the problem of teenage pregnancy? ANSWER: Ms. Curtis expressed concern over the teenage pregnancy problem, advising that currently there are after school programs in several of the schools. She called attention to efforts to seek funding for counselors, advising that it will be important to see where the new School Superintendent will focus his attention. Mrs. Bowles asked the followinq question: QUESTION: With the exception of the discipline and safety problems, what is the most important issue facing the School Board at the present time? ANSWER: Ms. Curtis responded that one of the biggest problems confronting the School Board is alternative education, which she hopes will be evaluated for possible restructuring. Mr. Musser asked the followinq questions: QUESTION: What is your opinion of the effectiveness of the current School Administration? ANSWER: Ms. Curtis responded that she is pleased with the current School Administration, advising that revisions are still being made inasmuch as the new Superintendent did not come on board making drastic changes because he wanted to observe the system in action, thereby enabling him to gradually place some of his programs into effect. 115 QUESTION: How should Roanoke's children be prepared for the future work force? ANSWER: Ms. Curtis advised that many of the schools presently have high technology programs, and stated that Roanoke City Schools are and will continue to be abreast of current technologies. Mr. White asked the followinq question: QUESTION: What do you see as the major two strengths and the major two weaknesses of the current school system and what will you do to improve on the strengths and alleviate the weaknesses? ANSWER: With regard to weaknesses, Ms. Curtis called attention to large numbers of children in the classrooms which is an issue that will be addressed, and expressed concern about weapons in the schools. She stated that the strengths of the System lie in the Magnet School Programs which offer various choices of study for students of all ages. She stated that the school system has good administrators, a good Superintendent and the relationship between the Superintendent, administrators and teachers is positive. Mr. Harvey asked the followinq question: QUESTION: If reappointed to the School Board, what would you do in the next three years to further the involvement of parents in the schools? ANSWER: Ms. Curtis advised that she would suggest that parents provide more parental guidance at home; that there are parents who are over zealous in their involvement, and there are those who show no involvement whatsoever and it would be advantageous to the school system to reach a compromise where all parents would be involved. She called attention to the importance of making parents understand that they have a responsibility to teach their children about weapons, manners, discipline, conduct, and proper clothing attire, and urged that parents attend School Board meetings to give their lnput. Mayor Bowers asked the followinq question: QUESTION: Why are you interested in serving another term on the School Board and why should Council reappoint you? ANSWER: Ms. Curtis advised that she has reached a point in life where she feels that she can perform civic work and repay the City for some of the things she has enjoyed as a citizen of Roanoke. She stated that with the changes on the School Board and City Council and with School Board Trustee James M. Turner's departure from the Board on July 1 and inasmuch as she is the 116 senior member of the School Board, for the sake of continuity, she believes that her service is needed. She added that her experience would be beneficial to the new School Superintendent and she could serve as a liaison between the new Superintendent and the School Board. The fifth and last person to be interviewed was M. Wend¥ O'Neil Ms. O'Neil advised that three years ago, Council granted her the opportunity to serve as a Trustee of the Roanoke City Schools, and she has taken Council's charge seriously because the foundation or future of the community is the education of its youth. She stated that her entire professional career and volunteer activities have been focused on meeting the educational and social service needs of youth and her commitment to the children of Roanoke City is 100 per cent. She added that as a member of the School Board, she has worked as one member of a team assigned to meet the needs of children and this evening she seeks reappointment for a second term as a School Board Trustee. She noted that she would like to believe that the School Board works as a catalyst drawing the community together, for education is a shared responsibility. She stated that Roanoke City and its public schools enjoy many strengths, that Roanoke is blessed with a diverse population, a can do attitude, caring and concerned citizens, strong neighborhoods and an excellent faculty of teachers and administrators who are deeply committed to the needs of students. She called attention to accomplishments over the last three years such as implementation of full day kindergarten for all students, opening up and making School Board meetings more user friendly and accessible and returning to two meetings per month, presentation of a budget that places student needs first and communicates respect for and appreciation of teachers through salary increases, provision of state of the art instructional programs, establishment of health care facilities at two locations in partnership with Carillon Health System, raising the level of and clearly defining the expectations for student behavior and conduct in the schools, selection of a new School Superintendent, and increased communication and positive interaction with Roanoke City Council. She referred to future challenges such as revitalizing and strengthening the business, technological and vocational education programs curriculum, exercising the needs of students requiring remedlation, continuing to address programs that deal with the needs of average students, increased counseling and guidance services, reducing class sizes, completing and implementing the division's technology plan, addressing the needs of students best served through alternative education programs, completion of the tnstructlonal revlewbythe Superintendent, working to increase the number of African-American and other minority teachers, administrators, vendors and contractors, and securing the necessary 117 funds to support educational objectives. She advised that as a community, Roanoke is more than capable of meeting any and all challenges that effect its children and she believes that it is incumbent upon all citizens to lead by personal experience, to provide Roanoke's children with leadership of hope, coupled with significant and appropriate action that will result in meaningful change and continued educational growth. She stated that it has been a privilege to serve as Vice-Chair of the School Board this year and as Chair of the Audit Committee for the past two years and she seeks a second term on the School Board so that she may continue her work on behalf of the children and citizens of the City of Roanoke. Mrs. Bowles asked the followinq question: QUESTION: With the exception of discipline and safety problems, what is the most important issue facing the School Board in the coming year? ANSWER: Ms. O'Neil advised that there could be several responses to the question, but a prime concern is parental involvement and concern. She called attention to many students who come from single family homes who are challenged by a communication problem, that they sometimes go home to an empty house, and they do not have after school activities; and many students are becoming pregnant in the after school hours which is a tragedy. She added that every division has problems, whether they be safety or violence, and the problem is not unique to the Roanoke City Schools. She stated that parents need to become more involved, and there should be measures in place for those children for whom there are no parents who will take an active role. Mr. White asked the followinq question: QUESTION: What do you see as the major two strengths and the major two weaknesses facing the Roanoke City School system and what would you do to improve on the strengths and to alleviate the weaknesses? ANSWER: Ms. O'Neil stated that one of the strengths of the school system is the diversity that exists in Roanoke City, advising that Roanoke's children have the advantage of growing up in a world that is much more global in its orientation than many other communities. She added that an area in need of improvement deals with recruiting minority educators and administrators and working with minority contractors and vendors, although there has been some improvement over the last three years. She expressed concern about providing role models for Roanoke's youth, advising that since 1989, the City has lost about 57 African-American professional persons and other minorities. She added that another strength lies in the dedication, compassion and talent of teachers 118 who spend many hours that go undocumented In service to Roanoke's students. She stated that the amount of funds spent In outreach programs has Increased from $30,000.00 to $74,000.00, and the Tomorrow's Teachers Program is a good illustration of attempts to be more Inclusive and to insure that students receive a proper education. If reappointed to the School Board, she advised that she would continue to speak out on Issues of Inclusion, whether It be in the schools, or during School Board meetings, or through committees or task forces because all students and parents need to know that they are represented tn all phases of the school system. At this point, 7:05 p.m., Mr. White left the meeting. Mr. Edwards asked the following questions: QUESTION: What are some of the things that the school system can do in regard to dealing with the issue of teenage pregnancy and after school activities? ANSWER: Ms. O'Neil spoke in favor of opening school facilities to non-profit organizations for utilization in connection with after school programs from the elementary through the high school level; implementation of a forensics program for middle schools and high schools; invitations to Girl Scouts, Boy Scouts, YMCA, YWCA, etc., to use the buildings for various programs; and to provide facilities that act as a positive place for students to visit where pregnancy is not taught as a part of the curriculum, but other alternative skills are offered such as working with computers, or job training skills, or how to write a resume, or how to interview for a summer job. She advised that the non-profit sector stands ready to help if they are granted access to school facilities for after school activities and programs. QUESTION: What are some of the things the public school system is doing in regard to the link between education and economic development? ANSWER: Ms. O'Neil advised that no community can ever rise above its children and if the children's needs are not met from food, clothing, shelter, education, recreation, etc., the basis is not strong and the locality will not attract new business, therefore, the focus should be on attracting businesses and economic development that will remain in the Roanoke Valley. She called attention to a successful experience this year in which the school system worked with local real estate companies, many of whom expressed a deep commitment to the Roanoke City Public Schools. She stated that the school system must continue to speak out about the quality of its schools because Roanoke City is the only school division in this entire area that works diligently to meet the needs of every child entrusted to its care. 119 At this point, 7:10 p.m., Mr. Edwards left the meeting. Mr. Musser asked the followtnq questions: QUESTION: What is your opinion of the effectiveness of the current School Administration? ANSWER: Ms. O'Neil advised that she ls pleased with the leadership of the new School Superintendent. She referred to the instructional review process and pointed out that a review of each school program will be conducted every year in an effort to insure that each of the programs are cost effective and meeting the needs of the children. She added that it is known that at least $7.5 million will need to be invested in technolog~ over the next several years to bring Roanoke's children up to a level where they can compete on a global level in a global world and that commitment will have to be maintained over the years. QUESTION: What can the school system do to prepare students for the future work force? ANSWER: Ms. O'Neil called attention to the need to take a closer look at business, technological and vocational programs because for the last several years these programs have been de- emphasized. She stated that even though 70 per cent of the City's children move on to some other type of education after high school, 30 per cent enter the work place, and it is necessary that all students graduate with sound, competitive skills. She expressed concern over the percentage of students who do not graduate from high school insofar as measures taken by the school system to help them complete their education. Mr. Harvey asked the followinq question: QUESTION: As a School Board member, what would be your role to help increase parental/guardian involvement in the school system? ANSWER: Ms. O'Neil responded that quadrant meetings over and above School Board meetings to discuss key issues and to welcome parents at convenient times would be helpful. She called attention to the importance of helping parents to understand that although their time may be limited, there are certain things that only they can do for their children. She added that the Homework Help Line continues to aid and support students and parents. She stated that violence in Roanoke is minimal compared to many other school divisions because Roanoke is taking a pro-active and not a re-active stance. She advised that the involvement and input of parents, teachers, guardians and students is actually helping to establish policy in regard to weapons and substance abuse in the schools and their input into the decisionmaking, supported by site 120 based management in the schools, has proven to be healthy. She stated that she strongly supports the expulsion of students who should not be in the Roanoke City Schools, however, therein exists a community problem because once those students are expelled from school, they have Just as much access to new weapons. Mayor Bowers asked the following question: QUESTION: Why do you want to serve another term on the School Board? ANSWER= Ms. O'Neil advised that she is proud to have worked in partnership with her colleagues on the School Board, and she is seeking another term because she believes that the work that has been started is too important to stop at this time. She stated that she is willing to commit to another three year term on the Board because she feels that the lives of each and every one of Roanoke's children and their educational opportunities are crucial to the Roanoke Valley, to the City of Roanoke, and to the Commonwealth of Virginia; and it is necessary to collectively address their needs, to continue to develop school/business partnerships, and to continue to improve and find innovative ways to develop the curriculum, and she would like to be a part of the team that is charged with those responsibilities. She stated that she is pleased with the harmony that has existed in the City of Roanoke during the last year which has been a year of great change, especially In the schools, and she expressed appreciation to the new School Superintendent for coming to Roanoke in March to be a part of that change. She added that she is proud of her work on the Audit Committee and the Technology Task Force, and she would like to continue serving on the School Board because of her commitment to the young people of Roanoke. All interviews having been completed, the Mayor declared the meeting adjourned at 7:25 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 121 REGUI2~R WEEKLY SESSION ...... ROANOKE CITY COUNCIL April 25, 1994 2=00 p.m. The Council of the City of Roanoke met in regular session In the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, April 25, 1994, at 2:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular Meetings~ of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William White, Sr., Elizabeth T. Bowles, John S. Edwards, James G. Harvey, II, Delvis O. McCadden and Mayor David A. Bowers ....................................... 6. ABSENT: Council Member Howard E. Musser ................... 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; William X Parsons, Assistant City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. BID OPENINGS YOUTH CORRECTIONAL FACILITIES-EQUIPMENT: Pursuant to notice of advertisement for bids for two new heat pumps and related work at Youth Haven, 1301 Third Street, S. W., said bids to be received by the City Clerk until 1:30 p.m., on Monday, April 25, 1994, and to be held, opened and read before the Council at 2:00 p.m., on that date, or as soon thereafter as the matter may be heard, the Mayor asked if ~nyone 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 Woods Heating, Inc., in the amount of $19,915.00. (For full text, see bid on file in the City Clerk's Office.) 122 ACTION: ACTION: ACTION: Mr. Harvey moved that the bid be referred to a committee to be appointed by the Mayor for study, report and recommendation to Council. The motion was seconded by Mr. Edwards and adopted. The Mayor appointed William White, Sr., Chairperson, George C. Snead, Jr., William F. Clark and D. Darwin Roupe as members of the committee. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to a request for an Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of a contract currently in negotiation with a non-profit agency. COUNCIL: A report of the City Manager requesting that Council meet in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of a contract currently in negotiation with a non-profit agency, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the City Manager to convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of a contract currently in negotiation with a non-profit agency, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) 123 ACTION: BUDGET-HOUSING/AUTHORITY-PLANNING-GRANTS: A report of the City Manager recommending that Council schedule a public hearing to be held on Monday, May 9, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, to consider the proposed 1994-95 Community Development Block Grant Program, was before the body. The City Manager advised that the City receives an annual entitlement from the U. S. Department of Housing and Urban Development (HUD) in the form of a Community Development Block Grant (CDBG); that HUD representatives informed City staff that Roanoke's CDBG entitlement will be $2,276,000.00 for the City's fiscal year 1994-95, or an increase of $200,000.00 over fiscal year 1994 funding; and revenue is estimated to be available from the following additional sources for fiscal year 1995: $603,100.00 estimated program income generated from prior CDBG programs, $64,767.00 transferred from entitlement years, and prior grant $617,034.00 in estimated carry-over funds for continuing projects. The City Manager pointed out that Council will be briefed at its meeting on Monday, May 2, 1994, on recommended activities for the fiscal year 1994-95 CDBG program. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the recommendation of the City Manager to hold a public hearing on Monday, May 9, 1994, at 7:30 p.m. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ...................... 6. MAYS: None ....................................... 0. (Council Member Musser was absent.) HOUSING/AUTHORITY: A report of the City Manager with regard to the City's authority to control the design of new buildings, advising that recently a group of residents of the City presented a petition of concern 124 ACTION: relative to the design of certain single family houses that were recently built in certain parts of the City and the citizens asked that Council consider actions to regulate the design of such houses, was before the body. It was explained that the City is allowed to regulate the type and intensity of uses (zoning, business licensing, etc.), the condition of buildings as that condition relates to health and safety (building codes, fire codes), and aesthetics and style of construction in areas of historic significance which would be destroyed irrevocably by incompatible design. The City Manager advised that in response to concerns of citizens regarding the design of inflll construction in areas not designated as historic, the 1993 General Assembly further expanded the City's authority to control the style of new construction and rehabilitation, and this authority is limited to neighborhoods which are identified specifically in the Comprehensive Plan as having either historic or unique architectural value; are included in designated Conservation Areas, Rehabilitation Districts or Redevelopment Areas; and for which the City adopts specific design standards to apply to construction or rehabilitation. The City Manager further advised that City staff is currently working toward completing the required design standards, making necessary amendments to the Zoning Ordinance, and updating the Comprehensive Plan to identify target areas. He added that the City will continue to search for ways to offset some of the builder's costs to help facilitate attractive, quality developments, and concepts toward that end are being examined for a plan to encourage new upscale housing, which recommendations will be submitted to Council in June. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that the report be filed. The motion was seconded by Mr. adopted by the following vote: received and McCadden and 125 ACTION: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ...................... 6. NAYS: None ....................................... O. (Council Member Musser was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: A report of qualification of William R. Hackley, Sr., as a member of the Roanoke Arts Commission, to fill the unexpired term of Melody S. Stovall, resigned, ending June 30, 1995, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY EMPLOYEES-BUDGET-PENSIONS: Clarence R. Martin, President, Roanoke City Retirees Association, appeared before Council and requested that retirees be given a pay raise in fiscal year 1994-95, and that permanent pay raises be granted in the future. He advised that there are 1,100 City retirees, some of whom earn between $500.00 and $600.00 per month and their pension check must be increased in order to keep up with the cost of living. Without objection byCouncil, the Mayor advised that Mr. Martin's remarks would be referred to 1994-95 budget study. 126 ANNUAL REPORTS-COMMITTEES-HOUSING/AUTHORITY: Neva J. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, appeared before Council and presented the 1992-93 Annual Report Of the Housing Authority. (For full text, see Annual Report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the Annual Report would be received and filed. PETITIONS AND COMMUNICATIONS: POLICE DEPARTMENT-BUDGET-COMMONWEALTH'S ATTORNEY- GRANTS: A communication from the Honorable Donald S. Caldwe11, Commonwealth's Attorney, advising that in order to better fund law enforcement efforts to fight crime, particularly drug crime, in 1986 the Federal government adopted a system of asset forfeiture whereby forfeited assets, under certain conditions, could be returned to local law enforcement agencies, police and prosecutors, for use in their fight against crime; and in August 1991, a grant fund account for cash assets forfeited to the Office of the Commonwealth's Attorney was established with an appropriation of $25,000.00, was before Council. It was further advised that since August 1991, the office of the Commonwealth's Attorney has expended the $25,000.00 originally appropriated; that revenues collected through April 13, 1994, for the grant total $33,573.00, and were deposited in Account No. 035-035- 1234-7107; that current revenue estimate is $25,000.00 and funding received in excess of the estimated revenue totals $8,573.00 and needs to be appropriated at this time; and in order to facilitate receipt and distribution of the funds, as well as protect the public's confidence through systematic accounting, action by Council is requested to authorize the Director of Finance to continue the grant fund accounts through which the Commonwealth may deposit and disperse funds. The Commonwealth's Attorney recommended that Council concur in the request to continue a grant fund account for cash assets forfeited to the Office of the Commonwealth's Attorney, and appropriate $8,573.00 to the following grant fund accounts: 127 ACTION: Administrative Supplies Expendable Equipment (<$500.00) Training & Development Other Rental CIS-Personal Computer Rental/Maintenance Furniture & Equipment >$500.00 035-026-5140-2030 035-026-5140-2035 035-026-5140-2044 035-026-5140-3075 035-026-5140-7007 035-026-5140-9005 Total $1,000.00 573.00 1,000.00 2,500.00 2,500.00 1~000.00 $8,753.00 A report of the City Manager concurring in the recommendation, was also before Council. (For full text, see communication and report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (%31956-042594) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 47.) Mr. White moved the adoption of Ordinance No. 31956- 042594. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) without objection by Council, the Mayor advised that the report of the City Manager would be received and filed. REPORTS OF OFFICERS= CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: 128 ACTION: EMERGENCY SERVICES-MANAGEMENTANDBUDGET: The City Manager submitted a written report advising that the Governor declared a state of emergency to exist in the Commonwealth of Virginia as a result of the Ice storm of February 8, 1994; that subsequently, a Presidential Declaration for public assistance only was received for the Commonwealth of Virginia; and on March 21, 1994, Council adopted Resolution No. 31928-032194 which authorized emergency powers to the City Manager as Director of Emergency Services, to the Director of Finance as the City's Fiscal Agent, and to the Budget Administrator as the Applicant's Agent. It was further advised that a Federal/State Damage Survey Inspection Team visited the City of Roanoke for damage assessment on April 1 and April 7 and 8, 1994; that damage survey reports are anticipated to be completed for Roanoke prior to April 29, 1994; and Designation of Applicant's Agent Resolution (FEMA Form 90-63, MAR-l) must be completed and forwarded to the Federal Emergency Management Agency, District Field Office, in order to apply for Federal disaster relief funding. The City Manager recommended that Council affirmthe designation of Diane S. Akers, Budget Administrator, as Applicant's Agent for the City of Roanoke to execute and submit appropriate documentation and information regarding Federal and State reimbursement. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following resolution: (#31957-042594) A RESOLUTION granting authority to apply for disaster relief and to provide assurances required in connection with such disaster relief. (For full text of Resolution, see Resolution Book No. 56, page 48.) Mrs. Bowles moved the adoption of Resolution No. 31957-042594. The motion was seconded by Mr. McCadden and adopted by the following vote: 129 AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) STATE HiGHWAYS-LEGISLATION-PLANNING-INDUSTRIES- ECONOMIC DEVELOPMENT-TRAFFIC: The City Manager submitted a written report in connection with the Transamerica Transportation Corridor (TTC) advising that a communication from the Mayor was referred to the City Manager by Council on Monday, January 3, 1994, for consideration and recommendation. He presented background information in connection with the TTC and pointed out that currently the following four technology alternatives have been selected for further study: Technology Alternative A: Technology Alternative B: Technology Alternative C: Technology Alternative D: Upgraded Highway Upgraded Rail Super-highway and Truckway Very High Speed Fixed Guideway ACTION: The City Manager recommended that Council adopt a measure in support of an alignment for the Transamerica Transportation Corridor in close proximity to Roanoke and on an alignment that would generally follow 1-64 to U. S. Route 220 south to U. S. Route 460 to Lynchburg and onward to Norfolk; and that other localities and interested parties along the proposed alignment be encouraged to take similar positions endorsing development of the TTC along this proposed corridor. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: (#31958-042594) A RESOLUTION supporting alignment of the Transamerica Transportation Corridor in close proximity to the Roanoke Valley. (For full text of Resolution, see Resolution Book No. 56, page 49.) Mr. McCadden moved the adoption of Resolution No. 31958-042594. The motion was seconded byMrs. Bowles and adopted by the following vote: 130 ACTION: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) DIRECTOR OF FINANCE: AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of March 1994. (For full text, see financial report on file in the City Clerk's Office.) Mr. McCadden moved that the financial report be received and filed. The motion was seconded by Mr. White and adopted. REPORTS OF COMMITTEES: BUDGET-SEWERS AND STORM DRAINS-CITY PROPERTY- HOUSiNG/AUTHORiTY-INDUSTRIES-GRANTS-ECONOMIC DEVELOPMENT- STREETS AND ALLEYS: Council Member White, Chairperson of a committee appointed by the Mayor to tabulate bids received for improvements to the Deanwood Industrial Park area, presented a written report o~ behalf of the Committee, recommending that Council approve the following actions: authorize the City Manager to enter into a unit price contract for improvements to Connecticut Avenue, in a form to be approved by the City Attorney, with Adams Construction Co., in the amount of $98,493.75, and 120 consecutive calendar days for completion of the work; authorize the Director of Finance to transfer $99,196.00 from Account No. 035-093'-9330-5131, to an account in the Grant Fund entitled, "Deanwood Industrial Park Improvements": Contract $98,493.75 Contingency 702.25 Total $99,196.00 reject all other bids received by the City. 131 ACTION: ACTION: The City Manager submitted concurring in the recommendation of (For full text, Office.) Mr. White ordinance: a written report the committee. see reports on file in the City Clerk's offered the following emergency budget (%31959-042594) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 51.) Mr. White moved the adoption of Ordinance No. 31959- 042594. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ...................... 6. NAYS: None ........................................ (Council Member Musser was absent.) Mr. White offered the following emergency ordinance: (#31960-042594) AN ORDINANCE accepting the bid of Adams Construction Company for improvements to Connecticut Avenue, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see ordinance Book No. 56, page 52.) Mr. White moved the adoption of Ordinance No. 31960- 042594. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) 132 ACTION: ACTION: UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SEGREGATION/INTEGRATION-ACTS OF ACKNOWLEDGEMENT- ROANOKE SYMPHONY ORCHESTRA-DECEASED PERSONS: Mr. Harvey offered the following resolution: (#31961-042594) A RESOLUTION memorializing the late Arthur Taubman. (For full text of Resolution, see Resolution Book No. 56, page 53.) Mr. Harvey moved the adoption of Resolution NO. 31961-042594. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTS OF ACKNOWLEDGEMENT-ROANOKE NEIGHBORHOOD PARTNERSHIP-NEIGHBORHOOD ORGANIZATIONS: Mr. White moved that the City Attorney be requested to prepare the proper measure congratulating the Northwest Neighborhood Environmental Organization upon receipt of the 1994 President's Volunteer Action Award. The motion was second by Mr. McCadden and adopted. OTHER HEARINGS OF CITIZENS: None. At 2:25 p.m., the Mayor declared the meeting in recess. At 3:33 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Musser. 133 ACTION: COUNCIL: With respect to the Executive Session just concluded, Mr. Edwards moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) There being no further business, the meeting adjourned at 3:35 p.m. Mayor declared the ATTEST: Mary F. Parker City Clerk APPROVED Mayor 134 SPECIAL MEETING ...... ROANOKE CITY COUNCIL April 25, 1994 7:00 p.m. The Council of the City of Roanoke met in special session on Monday, April 25, 1994, at 7:00 p.m., in the Auditorium of William Fleming Hlgh School, 3649 Ferncliff Avenue, N. W., with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowles, John S. Edwards, James G. Harvey, II, Delvis O. McCadde~, Wllllam White, Sr., and Mayor David A. Bowers .................................. 6. ABSENT: Council Member Howard E. Musser ................... 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Rltchie, Sr., Assistant City Manager; Wilburn C. Dlbling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. BUDGET-TAXES: The Mayor advised that the purpose of the special meeting was to hear comments of citizens with regard to the real estate tax rate for fiscal year 1994-95. He further advised that the City Manager has reconuuended that the real estate tax rate remain at $1.23 per $100.00 of assessed value. Notice of advertisement of the public hearing was published in the Roanoke Times & World-News on Monday, April 18, 1994, and in the Roanoke Tribune on Thursday, April 21, 1994. (See publisher's affidavit on file in the City Clerk's Office.) Mayor Bowers stated that it was a privilege for Elected and Administrative Officials of the City of Roanoke to host the public hearing to receive comments and/or remarks of citizens with regard to the real property tax levy in the City of Roanoke, and based on the proposed real property tax rate and changes in other revenues, the total budget of the City of Roanoke will exceed last year's by 5.47 per cent. The Mayor inquired if there were persons in attendance who would like to address Council with regard to the City's real property tax levy; whereupon Mr. Charles D. Russell, 3815 Sunrise Avenue, N. W., appeared before Council and inquired about the 135 formula used by the City for calculating real property assessments. He called attention to a home in his neighborhood that conta£ns 3,600 square feet of 1tying space compared to his home which contains 952 square feet, and according to his calculations, the assessment on his property is based on 68 cents per square foot compared to the larger house which is based on at 41 cents per square foot. He stated that it would appear that the square footage for the smaller house would be calculated at a lesser rate than the square footage for the larger house. Mr. Harvey moved that the remarks of Mr. Russell be referred to the Director of Real Estate Valuation for appropriate response. The motion was seconded by Mr. White and adopted. No other persons wishing to be heard on the real property tax levy, the Mayor declared the special meeting adjourned at 7:15 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 136 SPECIAL MEETING ...... ROANOKE CITY COUNCIL April 25, 1994 7:15 p.m. The Council of the City of Roanoke met in special session on Monday, April 25, 1994, at 7:15 p.m., in the Auditorium of Willia~ Fleming High School, 3649 Ferncliff Avenue, N. W., with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowles, John S. Edwards, James G. Harvey, II, Delvis O. McCadden, William White, Sr., and Mayor David A. Bowers .................................. 6. ABSENT= Council Member Howard E. Musser ................... 1. OFFICERS PRESENT~ W. Robert Herbert, City Manager; James D. Rttchie, Sr., Assistant City Manager; Wllburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. BUDGET= The Mayor advised that the purpose of the special meeting was to hear comments of citizens with regard to the City Manager's recommended budget for fiscal year 1994-95. Notice of advertisement of the public hearing was published in the Roanoke Times & World-News on Monday, April 18, 1994, and in the Roanoke Tribune on Thursday, April 21, 1994. (See publisher's affidavit on file in the City Clerk's Office.) The Mayor further advised that it was a privilege for Elected and Administrative Officials of the City of Roanoke to host the public hearing on the Roanoke City Budget for fiscal year 1994-95. He explained that in accordance with requirements of Section 33 of the Roanoke City Charter pertaining to the annual budget, the City Manager has recommended a balanced fiscal year 1994-95 General Fund budget totalling $136,811,536.00, advising that the recommended budget accomplishes six primary funding goals, 1.e.: (1) protection of the City's financial stability and integrity, (2) funding of pay raises for employees to retain regional competitiveness, (3) limiting financial burden on City residents through no additional reductions in services to Roanoke's citizens, (4) full funding of employee group life insurance premiums, (5) full funding of increased landfill dumping fees -- the second of three successive annual increases, and (6) full funding of the School Board's basic budget. 137 The Mayor pointed out that the City Clerk had arranged for citizens to register to speak, and they would be recognized in the order in which they had registered. The following persons addressed Council: Lucian Y. Grove, representing Center In The Square, reviewed information with regard to budget figures, children's programs, and a comparison of Center In The Square to other cultural organizations in the Commonwealth of Virginia. Re expressed appreciation for Council's continued support, for without Council's past assistance, the facility would not have attained its present level of success, and it would not be a destination point for tourists, school children, area families and visiting business prospects. He stated that Center In the Square will continue to do its part to help make Roanoke a great place to live and to raise a family and to insure that residents are provided with a quality cultural life, education and entertainment. He further stated that people from all walks of life visit the facility, and the organizations housed in Center In The Square serve a diverse public with a vast array of programs. He added that Center In The Square is an anchor for the City Market Just as a large department store acts as an anchor for a shopping mall, and market merchants praise Center In The Square and the City partnership with saving the downtown market area. Re stated that Center In The Square has, from the very beginning, been in partnership with the Clty of Roanoke, and the organization would like for this partnership to continue, and urged that Council support the 1994-95 budget request of Center In The Square, in the amount of $150,000.00. He conceded that it is known that Council cannot fund every need at the requested level, but asked that Council consider Center In The Square and its cultural contribution as a vital factor in the continuing growth of the City of Roanoke. Upon question, Mr. Grove clarified that the State will contribute $300,000.00, and the City Manager has recommended that the City contribute $150,000.00; whereupon, Mr. Harvey inquired as to the amount of funds contributed by Roanoke County, to which question Mr. Grove responded that Roanoke County is proposing to contribute $20,000.00 in fiscal year 1994-95. Mr. Harvey expressed concern that once again the City is appropriating the "lion's share" of the money, and he hoped that there will be an equal and fair level of funding of these types of organizations between localities in the Roanoke Valley in the near future. The Mayor advised that he has issued a challenge to the City Council and to the City Administration that the citizens of Roanoke want their City to be first in regionalism, first in Valley cooperation, and first in Valley responsibility. In relationship 138 to funding of Center In The Square by local area governmental Jurisdictions, he inquired as to the City's ranking, to which Mr. Grove responded that the City of Roanoke is ranked number one in funding. James B. Evans, President, Board of Directors, Virginia Museum of Transportation, expressed appreciation to the City of Roanoke for its constant support and commitment to the Transportation Museum, advising that the Museum is proud to maintain and exhibit many artifacts that are owned by the City of Roanoke; and members of the Board of Directors strive to create a greater economic effect on tourism for Roanoke by creating programs, exhibits and a facility that will provide wide visitor appeal. He requested that Council support the Transportation Museum's appropriation request of $75,000.00 for fiscal year 1994-95 which will continue efforts to develop educational programs and activities for Roanoke's school age children to help them better understand Roanoke's rich transportation heritage. He advised that because of the City's support, design professionals have completed plans for a hands on exhibit area which was largely completed in March that interprets the principals of motion, physics, and mechanical engineering and because of the City's continued support, the entire project should be completed by early 1995 and will enable the area to serve as a prototype for other industrial museums. He stated that initiatives continue in order to build a resource library which will be an asset to school teachers, as well as high school and college students; and the outreach program to City Schools allows staff to prepare students for their visit to the Transportation Museum. Additionally, he stated that the Museum has a significant collection of rare architectural drawings, films, photographs and books, all of which help to develop a strong resource library that will serve as an excellent educational source for students, teachers and interested citizens. He stated that the Museum's collection includes the most comprehensive display of diesel locomotives in the United States insofar as automobiles, trucks, horse drawn vehicles, airplanes and buses. He stated that the overall site plan for the Museum was recently completed and construction work will soon commence on what is thought to be an exciting cultural attraction and economic stlmulus for the City of Roanoke. In concluding, he advised that the City's continued support from year to year has enabled the Virginia Museum of Transportation to both preserve and expand exhibits and with the City's continued funding, the Museum will make significant strides toward attaining its goals of becoming an educational resource and premier historic attraction for the City of Roanoke and the Commonwealth of Virginia. Gerald L. Carter, President, Roanoke Valley Convention and Visitors Bureau, appeared before Council in support of additional funds requested by the Convention and Visitors Bureau. He introduced Martha A. Mackey, Executive Director, Roanoke Valley 139 Convention and Visitors Bureau, who advised that the City of Roanoke has taken the leadership role in funding the Convention and Visitors Bureau. She pointed out that in this year's budget, as in previous years, the Bureau is requesting a percentage based upon tax revenues received and of that percentage, Roanoke City receives 65 per cent, Roanoke County receives 25 per cent and the City of Salem receives ten per cent; therefore, the Convention and Visitors Bureau is requesting $650,000.00 from Roanoke City (the City Manager recommended $500,000.00), $250,000.00 from Roanoke County and $100,000.00 from the City of Salem. She added that she was approached earlier in the evening by an individual to clarify a question in regard to advertising that was coordinated last year by the Convention and Visitors Bureau for the Hotel Roanoke Conference Center. She explained that the Convention Bureau was asked to perform certain tasks under the contract for advertising the Conference Center, and she assured Council that the Convention Bureau performed its task over and above the financial commitment that was requested insofar as printing, advertising, labor, etc. She stated that Convention Bureau attorneys advised that by dedicating a portion of their budget to the Conference Center, which is managed by Doubletree, the Convention Bureau's 501 (c)(6) status may be jeopardized by showing a competitive advantage to the Conference Center, and attorneys suggested that the Convention Bureau distance itself from directly targeting its monies for specific properties; however, the Convention Bureau intends to do "destination advertising", which all destination marketing organizations perform. She explained that in the proposed budget, convention destination advertising well exceeds leisure advertising, which means that sales efforts will be supported by advertising. She stated that the Convention Bureau was requested by City Council's appointees to the Board of Directors to engage in a strategic plan through Virginia Polytechnic Institute and State University which was approved by the Board of Directors, and a strategic plan was prepared by Virginia Tech which was followed by a work plan for next year. She advised that a study is of no use without a plan of action, that a plan of action is in place, however, a plan of action is of no advantage without the foundation of support of financlal means. She stated that the Convention Bureau is pleased to be one of the few organizations that has an opportunity to make money for the City of Roanoke by generating more taxes to fund the vitally important programs of the City. She requested that Council consider raising the City's contribution by $150,000.00, for a total of $650,000.00, in fiscal year 1994-95 to the Roanoke Valley Convention and Visitors Bureau. Upon question, Ms. Mackey responded that the City has always been first in funding for the Roanoke Valley Convention and Visitors Bureau and the City has received the "lion's share" of tax revenues. 140 Upon question, Mr. Evans advised that the City of Roanoke hae been first in funding for the Virginia Museum of Transportation. Audrey M. Wheaton, Vice-President, Board of Directors, the Harrison Museum of African-American Culture, expressed appreciation to the City Manager for recommending the same level of support, $85,000.00, for the Harrison Museum that was appropriated in fiscal year 1993-1994, and expressed appreciation to the City for its support over the past eight years. She advised that in August 1993, the Museum hosted the African-American Museum's Annual Conference and received rave reviews which brought many people into the Roanoke Valley; that the oral history project will continue, and the Henry Street Heritage Festival will celebrate its tenth year on September 24. She stated that the Harrison Museum is currently hosting the high school art exhibit for the fourth consecutive year, the new gift store opened in February 1994, travelling exhibits were conducted including an exhibit on local heros which was held in cooperation with the Roanoke Valley History Museum, as well as a free standing exhibit, and a travelling trunk containing African artifacts and musical instruments should be ready in the fall to be taken to the elementary schools. She added that the Harrison Museum is progressing well, but it needs the continued support of Roanoke City and requested that Council fund the Museum at the recommended level of $85,000.00 for fiscal year 1994-95. Melody S. Stovall, Executive Director, Harrison Museum of African-American culture, expressed appreciation for Council's cooperation and support over the past eight years. She advised that because of the City of Roanoke and the support that the Harrison Museum has received, it has been able to accomplish remarkable things with a small staff and support volunteers. She advised that the City of Roanoke is number one in funding of the Harrison Museum of African-American culture. Mildred P. Willis, President of the Alliance for the Mentally Ill of the Roanoke Valley, which is comprised of families and friends of the mentally ill and the mentally lll themselves, advised that the goal of the Alliance is to improve the quality of life for those afflicted with chronic mental illness. She pointed out that the Alliance would like to bring to Council's attention the need for services for those City residents who suffer from mental illness. She noted that case managers are needed to see mental health consumers as frequently as required in their residential settings, whether they be parental homes, homes for adults, or their own apartments or homes; that emergency services staff is needed to respond promptly where a crisis is occurring in order to collaborate with police at the site, to support police in their efforts and to begin assessment of the mental health consumer 141 in the situation; that vocational opportunities are needed for those who had an onset of illness prior to completing school or establishing a vocation and for those who wish to return to the work force but need assistance in doing so; and affordable housing, including congregate living with support and supervision, is needed to provide a decent environment and to insure that relapse does not occur. She advised that Council has the power in setting the budget for Roanoke City to make these needs a reality with dollars, and the Alliance for the Mentally Ill requests that Council fund the organization at the level requested by Blue Ridge Community Services which is the agency responsible for delivering these needed services. She pointed out that Roanoke City is the number one contributor to the Alliance for the Mentally Ill of the Roanoke Valley. (The City Manager recommended that $326,374.00 be lncluded in fiscal year 1994-95 budget for Blue Rldge Community Services.) Amy D. Lowman, 2633 Westhampton Avenue, S. W., Member of the Board of Directors, Blue Ridge Community Services, appeared before Council in support of the request of the agency for allocation of funds for fiscal year 1994-95. She advised that the organization provides mental health, mental retardation and substance abuse services to the citizens of the Counties of Botetourt, Craig and Roanoke and the Cities of Roanoke and Salem. She stated that the funding request of Blue Ridge Community Services was prepared in accordance with the local match policy which calls for matching State funds at a 90/10 ratio with local tax dollars, and the requested allocation represents the amount of funds necessary to maintain all programs at the current level of service. She advised that Blue Ridge Community Services provided mental health, mental retardation and substance abuse treatment or counseling services to 4,736 Roanoke City residents during the fiscal year which ended in June 1993, and the value of these services was $6,102,534.00, which represents $19.36 in services for each local match dollar provided by the City. She further advised that for fiscal year 1994, the City allocated $315,252.00 in local tax dollars to Blue Ridge Community Services, and the agency has requested an allocation Of $411,568.00 for fiscal year 1994-95, and an appropriation in a lesser amount than was requested will jeopardize State funds and existing service delivery. She stated that the unmet needs of clients throughout the system are staggering and society cannot continue to deny individuals with mental disabilities the services they need to enable them to live successfully in their community. On behalf of Roanoke City citizens who continue to benefit from the services of Blue Ridge Community Services, she expressed appreciation to the City of Roanoke. 142 Edward L. Crawford, Route 1, Union Hall, Virginia, Roanoke City Flrefighter, expressed appreciation for the proposed pay increase that City employees will receive on July 1. He raised questions in regard the EMT Salary Supplement and the HAZ-MAT Supplement, and advised that the supplement covers 42 Fire Department employees for six months. He spoke in connection with an evaluation by the City of the $100.00 monthly supplement received by firefighters for their service as EMT responders, and explained that firefighters understood when they involved themselves in the program three years ago that the program and the $100.00 per month supplement would be evaluated; however, since the program was initiated, 150 firefighters have been trained to this level and the services of only 50 firefighters are currently being used. He addressed the urgency of bringing all fire engine companies on line to support emergency services in the City. He added that firefighters have tried to deliver the services in good faith, but expressed frustration in connection with the amount of time it has taken for the City to review the salary supplement issue. He explained that added duties for firefighters have created additional physical stress due to risk and responsibilities associated with the amount of time and training which is required to retain the necessary certification as EMT responders, and firefighters are now being asked to continue to serve as emergency medical technicians for another seven month period while the evaluation takes place at no additional salary supplement. He requested that Council instruct the City Administration to address the salary supplement issue and not keep firefighters in suspense any longer. The Mayor raised a question as to whether or not the mutual aid pact for emergency medical services with other Roanoke Valley jurisdictions allows for the charging of fees for services rendered to citizens residing outside of the corporate limits of the City of Roanoke, and requested that he be provided with a response either during or shortly after 1994-95 budget study. The Mayor inquired if there were other persons in attendance who wished to be heard. There being none, the Mayor declared the meeting adjourned at 8:10 p.m. APPROVED ATTE ST: Mary F. Parker David A. Bowers City Clerk Mayor 143 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL May 2, 1994 2:00 p.m. The Council of the City of Roanoke met in regular session in the City Council Cha~ber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, May 2, 1994, at 2:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reqular Meetinqs~ of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Howard E. Musser (left the meeting at 2:40 p.m.), William White, Sr., Elizabeth T. Bowles, John S. Edwards, James G. Harvey, II, Delvis O. McCadden and Mayor David A. Bowers ............................................ 7. ABSENT: None ............................................... 0. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened Sylvester-Johnson, Director Mission. with a prayer' by The Reverend Joy of Development, Roanoke City Rescue The Pledge of Allegiance to the Flag of the United States America was led by Mayor Bowers. ACTION: of ACTS OF ACKNOWLEDGEMENT-NEIGHBORHOOD ORGANIZATIONS: Council having requested the City Attorney to prepare the proper measure commending the Northwest Neighborhood Environmental Organization upon receipt of the 1994 President's Volunteer Action Award, Mr. Edwards offered the following resolution: (#31962-050294) A RESOLUTION recognizing and commending the members of the Northwest Neighborhood Environmental Organization, Inc. (For full text of Resolution, see Resolution Book No. 56, page 54.) Mr. Edwards moved the adoption of Resolution No. 31962-050294. The motion was seconded by Mrs. Bowles and adopted by the following vote: 144 AYES: Council Members Musser, White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. The Mayor presented Ms. Florine L. Thornhill, President, Northwest Neighborhood Environmental Organization, with a ceremonial copy of Resolution No. 31962-050294 and a pewter cup with the Roanoke City Seal affixed thereto. PROCLAMATIONS-ARCHITECTURAL REVIEW BOARD-TOURISM: The Mayor advised that National Preservation Week will be observed across the United States on May 8-14, 1994, and Virginia Heritage Tourism Weeks will be celebrated throughout the Commonwealth of Virginia on May 1-15, 1994; whereupon, he presented Dr. John R. Kern, Director, Roanoke Regional Preservation Office, with a proclamation declaring May 1 15, 1994, as Virginia Tourism Weeks. Dr. Kern advised that Virginia Heritage Tourism Weeks focus attention on the State's history which is a sense of the community and a sense of the past that causes each community to be unique and special as a result of economic revenue generated from individuals who choose to visit, to return and to locate businesses in places that have chosen to preserve historic sites. He called attention to historic properties that tell the unique and special history of the City of Roanoke such as Fire Station Number One, the Southwest Historic District, and the City Market Historic District. He stated that the Roanoke Preservation Office, along with other preservation organizations, have worked with the City of Roanoke to interpret the unique history of the community, to conduct heritage education workshops that were well attended, and to conduct tours leading to the promotion of heritage tourism. He added that the Roanoke Preservation Office also worked with the City and Virginia Polytechnic Institute and State University to expedite design and environmental review for The Hotel Roanoke which is the keystone of heritage tourism projects in the entire Roanoke area. He expressed appreciation to Council for supporting the efforts of the Roanoke Valley Preservation Foundation to recognize the unique history of the area and for the opportunity to work with the City on planning leading to the realization of the full economic potential of historic resources that exist in the City of Roanoke. 145 ACTION: ACTION: Martha A. Mackey, Executive Director, Roanoke Valley Convention and Visitors Bureau, invited the Members of Council to a news conference to be held on Wednesday, May 4, 1994, commemorating the event. George A. Kegley, President-Elect, Roanoke Valley Preservation Foundation, expressed appreciation to Council for its past interest in preservation of historic structures, and advised that he looks forward to participating in other cooperative ventures with the City of Roanoke. BID OPENINGS BRIDGES-NORFOLK SOUTHERN CORPORATION-STREETS AND ALLEYS: Pursuant to notice of advertisement for bids for repairs to Jefferson Street Bridge over Norfolk Southern Railway, Contract I, said bids to be received by the City Clerk until 1:30 p.m., on Monday, May 2, 1994, and to be held, opened and read before the Council at 2:00 p.m., on that date, or as soon thereafter as the matter may be heard, the Mayor asked if anyone had any questions about the advertisement for bids, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: BIDDER Lanford Brothers Co., Inc. Corte Construction Co., Inc. Allegheny Construction Co., Inc. TOTAL AMOUNT $127,071.00 176,500.00 204,500.00 (For full text, see bids on file in the City Clerk's Office.) Mr. Harvey moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recommendation to Council. The motion was seconded by Mr. Musser and adopted. The Mayor appointed William White, Sr., Chairperson, William F. Clark and Charles M. Huffine as members of the committee. STREETS AND ALLEYS-SIDEWALK/CURB AND GUTTER: Pursuant to notice of advertisement for bids for asphalt concrete overlays and pavement profiling of various streets within the City of Roanoke, said bids to be received by the City Clerk until 1:30 p.m., on Monday, May 2, 1994, and to be held, opened and read before the Council at 2:00 p.m., on that date, or as soon thereafter as the matter may be heard, the Mayor asked if anyone had 146 any questions about the advertisement for bids, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: BIDDER BASE BID ALT. 1 ALT. 2 Adams Construction Co. L. H. Sawyer Paving Co., Inc. S. R. Draper Paving Co., Inc. $1,163,168.30 1,251,105.80 1,268,641.70 $49,500.00 49,500.00 49,500.00 $249,820.00 252,299.00 260,820.00 (For full text, see bids on file in the City Clerk's Office.) ACTION: Mr. Harvey moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recommendation to Council. The motion was seconded by Mr. Musser and adopted. ACTION: The Mayor appointed William White, Sr., Chairperson, William F. Clark and Charles M. Huffine as members of the committee. PUBLIC HEARINGS ZONING: Council at its meeting on Monday, April 11, 1994, having continued a public hearing on the request of Wal-Mart Stores, Inc., and William Hunt Staples, et al., that a .6536-acre and a .8091-acre portion of a tract of land containing 62.5379 acres, located adjacent to Interstate 581 and the terminus of Broad Street, N. W., identified as Official Tax No. 2250101, be rezoned from LM, Light Manufacturing District, and RS-3, Residential Single Family District, to C-2, General commercial District, the matter was again before the body. The Mayor advised that several persons had registered to speak, however, he was informed just minutes prior to convening the Council meeting that the public hearing will be cancelled inasmuch as Wal-Mart Stores, Inc., had withdrawn its petition for rezoning. He further advised that the City and Wal-Mart will endeavor to address the traffic problems in the area and Wal-Mart and the City will continue to work toward a multi-party agreement, including an agreement with the Valley View Mall interests and the Watts family to address traffic concerns. He pointed out that in all 147 ACTION: respects, Wal-Mart Store officials, the Watts family, Valley View interests, attorneys, and the City Attorney and his staff have worked cooperatively and expressed appreciation for the spirit of cooperation. An individual from the audience requested to be heard on the matter; whereupon, the Mayor advised that in order to abide by the rules of Council, he would entertain requests to be heard under Agenda Item No. 10, Other Hearings of Citizens, inasmuch as there was no action to be taken because the request for rezoning had been withdrawn by the petitioner. The Mayor requested that the City Manager report to Council within 24 hours as to necessary action(s) to be taken. (See Page No. 7 for further discussion.) CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to a request for an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council. COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Musser and adopted by the following vote: 148 ACTION: AYES: Council Members Musser, White, Bowies, Edwards, Harvey, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... O. STATE HIGHWAYS-LEGISLATION: A communication from Mayor David A. Bowers advising that he was pleased to learn that the Virginia Department of Transportation and the majority of the Virginia Congressional delegation have joined with Governor Allen in proposing that Interstate 73 come through Montgomery County, along the Smart Road, and southward through Franklin County to the Martinsville area to connect with the route in North Carolina, was before Council. The Mayor pointed out that the proposed route will be several miles outside of the City of Roanoke, therefor, it is appropriate to begin the process to make sure that an interstate connector be built from Interstate 581 to Interstate 73 southwest of the City. In the spirit of Valley cooperation and regionalism, he requested that Council ask the administration for advice as to how to proceed in dealing with Roanoke's neighboring jurisdictions, VDOT and others concerned about how the City can best proceed to make sure that there is a direct link between the City and the proposed Interstate 73 route southwest of Roanoke. The Mayor requested that the matter be the City Manager for appropriate response within 90 days. referred to to 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 Manager for appropriate response within 90 days. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Musser, White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. At this point, 2:40 p.m., Council Member Musser left the meeting. At 2:40 p.m., the Mayor declared the meeting in recess. 149 At 2:45 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Musser. ZONING: In explanation of the Chair's previous ruling on the public hearing in connection with the request of Wal-Mart Stores, Inc., to rezone land in the area of Interstate 581 and Broad Street, N. W., (see Page No. 5), the Mayor advised that no action will be taken by the Council inasmuch as Wal-Mart has withdrawn its request for rezoning, and therefore, it would be inappropriate to discuss the matter. He advised that if individuals in attendance had questions, he would be pleased to respond to the questions informally with the consent of Council in order to avoid a misunderstanding; however, he explained that it is not unusual for a petition to come before the Council and to be withdrawn at the last minute by the petitioner. He added that it was the decision and the right of the petitioner to withdraw the request for rezoning. Ms. Ann W. Foster, 2322 Oakland Boulevard, N. W., inquired as to why knowledge of previous discussions with Wal-Mart officials was withheld from the public during the past two year~; whereupon, the Mayor requested that the question be registered and that the City Manager respond within a reasonable period of time. Ms. Sarah Crawford, 3534 Courtland Road, N. W., inquired as to future action to be taken by the City; whereupon, the Mayor advised that the City Manager was previously requested to advise Council as to the necessary actions to be taken, if any. (See Page No. 23 for further remarks.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting the closeout of 61 completed school grants, resulting in a net reduction of $462,329.00, was before Council. 150 ACTION: A report of the Director of Finance advising that the request to closeout the 61 grants is necessary inasmuch as the grant programs have been completed, was also before Council. (For full text, see communication and report on file In the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#31963-050294) AN ORDINANCE to amend and reordain certain sections of the 1993-94 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 56.) Mr. White moved the adoption of Ordinance No. 31963- 050294. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: BUDGET-GRANTS-PLANNING-HOUSING/AUTHORITY: The City Manager submitted a written report advising that the City of Roanoke receives an annual grant of funds from the U. S. Department of Housing and Urban Development (HUD) based on a formula which considers age of housing, poverty levels and other "distress" factors; that the amount of the Co~munity Development Block Grant (CDBG) is closely related to how much the U. S. Congress appropriates nationwide, rather than anything that the City of Roanoke does; and since 1974, the City has received approximately $37 million in CDBG funds which have been used on numerous projects in housing, economic development, community services and public improvements. It was explained that the City's CDBG entitlement will be $2,276,000.00 for the fiscal year beginning July 1, 1994, or a $200,000.00 increase over fiscal year 151 1994, and to that will be added $603,100.00 in program income generated by the grant program from previous years; that new Housing and Urban Development CDBG funds, added to $681,851.00 unspent from previous years, will leverage an estimated $3,002,439.00 in additional monies from Federal, State and private sources, for a total program scope of $6,563,390.00; and citizen hearings and workshops were held on February 1 and April 21 in order to obtain recommendations of citizens and to identify community needs for the coming year. It was advised that proposals for 47 projects and 4 administrative budgets were received totalling $3,715,576.00, two Section 108 Loan payments and two other 1994-95 contractual obligations totalling $1,186,724.00, were received and new and transferred funding available for allocation totals $2,374,227.00. The City Manager pointed out that 14 new projects are being recommended, along with 32 previously funded projects; and with 46 individual projects and activities funded in whole or in part with CDBG funds, the fiscal year 1995 program has been designed to accomplish the following: provide adequate housing, provide adequate jobs/employment, reduce instances of crime and drug abuse, maintain and improve City infrastructure, empower citizens and neighborhood organizations, compliance with Federal laws and regulations, and promote community pride. In conclusion, the City Manager advised that the proposed CDBG budget and program is responsive to stated concerns of the citizens of Roanoke, and meets regulatory requirements of HUD; and the program provides for housing improvements, activities for youth, business development, the creation of new job opportunities, human development, the strengthening of neighborhood organizations, and adequate administrative oversight for the entire program which will allow the City to build upon the successes of the past and to meet certain urgent critical needs. The City Manager further advised that Council has scheduled an evening public hearing to be held on Monday, May 9, 1994, to receive comments of citizens; and at that time, Council will be requested to authorize the City Manager to submit the 1994-95 Statement of Objectives to the Richmond Office of the Department of Housing and Urban Development for review. (For full text, see report on file in the City Clerk's Office.) 152 Without objection by Council, the Mayor advised that the report would be received and filed. ITEMS RECOMMENDED FOR ACTION: BUDGET-Hb~ DEVELOPMENT-YOUTH-SCHOOLS: The City Manager submitted a written report advising that the Comprehensive Services Act (CSA) for At-Risk Youth and Families established, effective July 1, 1993, a pool of State funds to be expended for public or private non- residential or residential services for the targeted population of troubled youth and families; that the CSA mandates services for foster care children and for children whose Individualized Education Plan mandates specialized private day or residential educational programs; and the CSA State Funds Pool allocation for the City of Roanoke for the period July 1, 1993 through June 30, 1994, is as follows: State Funds: Local Funds: Total Allocation: $1,983,352.00 1~218,835.00 $3,202,187.00 It was further advised that the Roanoke Interagency Council, established by Resolution No. 31301-011193, adopted by Council on Januaz7 11, 1993, to manage the State Funds Pool, determined that in addition to the aforementioned State Funds Pool allocation, supplemental funds in the amount of $1,110,121.00 would be needed for the period July 1, 1993 through June 30, 1994; and on June 28, 1993, Council appropriated the following funds for the Comprehensive Services Act initial State Funds Pool Allocation and for the projected Supplemental Allocation: State Funds: Local Funds: Total Allocation: $2,786,204.00 1~526~104.00 $4,312,308.00 It was explained that in fiscal year 1993-94, the cost of services fo£ targeted at-risk youth and their families was underestimated by $14,164.00; that the State Department of Education, the State fiscal agent for the CSA, will rein%burse $10,235.00 of the $14,164.00; and the City of Roanoke is required to provide a local match of $3,929.00. The City Manager recommended that Council authorize the Director of Finance to take the following actions: increase the revenue estimate in Account No. 001-020-1234-0692, in the amount of $10,235.00, 153 ACTION= and increase the appropriations in Account No. 001-054-5410-3170, in the amount of $10,235.00; and transfer Account No. Expenditure, $3,929.00 from the CSA Contingency, 001-002-9410-2244, to the CSA Account No. 001-054-5410-3170. (For full text, Office.) see report on file in the City Clerk's Mr. McCadden offered the following emergency budget ordinance: (#31964-050294) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 61.) Mr. McCadden moved the adoption of Ordinance No. 31964-050294. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) BUDGET-GENERAL SERVICES-PUBLIC WORKS-EMERGENCY SERVICES-COMMUNICATIONS DEPARTMENT-CMERP-EQUIPMENT: The City Manager submitted a written report advising that Capital Maintenance and Equipment Replacement needs have been identified in the Communications Department; that certain identified items are necessary to insure that the City has a back up 9-1-1 Communications facility to provide continued public safety services to citizens; that should evacuation from the primary emergency center be necessary due to fire, natural gas leaks or hazardous materials spills, there would be no means of dispatching police, fire or EMS units to emergencies; that equipment will be used daily to support the Public Works Dispatch function; that single purchases costing less than $15,000.00 per single item, will be procured in accordance with small purchase procedures which uses competitive solicitation of bids; and Council's appropriation of funds is necessary to provide for the purchase of certain equipment totalling $21,665.00. 154 ACTION: The City Manager recommended that Council appropriate $21,665.00 from the Capital Maintenance and Equipment Replacement Program to the following accounts: $500.00 to Building Department, Account No. 001- 052-4330-3050; $8,423.00 to Communications Department, Account No. 001-050-4130-9015; and $12,742.00 to Communications Department, Account No. 001-050-4130-3005. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#31965-050294) certain sections Appropriations, and providing for an emergency. AN ORDINANCE to amend and reordain of the 1993-94 General Fund (For full text of Ordinance, see Ordinance Book No. page 62.) 56, Mrs. Bowles moved the adoption of Ordinance No. 31965-050294. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) INDUSTRIES-CONSULTANTS REPORTS-WATER RESOURCES- STREETS AND ALLEYS: The City Manager submitted a written report advising that acceptance of a bid submitted by J. P. Turner and Brothers, Incorporated, for construction of the Roanoke Centre for Industry and Technology Water and Access Road was approved by Council on March 7, 1994, and construction started on April 4, 1994. It was further advised that the project extends a water main from Blue Hills Circle to the proposed water tank site in the Roanoke Centre for Industry and Technology; that the proposed road alignment crosses a low lying wet weather stream approximately 850 feet north of Blue Hills Drive; that foundation conditions of the location are extremely poor and unsuitable for support of 155 ACTION: the proposed access roadway; that in order to accommodate groundwater drainage and improve foundation conditions, it is necessary to remove unsuitable soil material, provide for adequate drainage, and stabilize the area with crushed stone; and proposed corrective action has been reviewed and accepted by the consulting engineer, the contractor and City staff. It was explained that funds are currently encumbered, in the amount of $171,036.50; that the original contract award provided for a $18,963.50 contingency fund; that approximately $1,000.00 of the contingency is obligated for previously incurred advertising expenses; and contract breakdown is as follows: original contract amount amount of Change Order No. new contract amount $171,036.50 1 13~452.12 $184,488.62 The City Manager recommended that Council authorize execution of Change Order No. 1, in the amount of $13,452.12, to the contract with J. P. Turner and Brothers, Incorporated, for a total contract amount of $184,488.62. (For full text, see report on file Office.) in the City Clerk's Mr. White offered the following emergency ordinance: (#31966-050294) AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with J. P. Turner and Brothers, Incorporated, for the Roanoke Centre for Industry and Technology Water and Access Road; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 63.) Mr. White moved the adoption of Ordinance No. 31966- 050294. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) 156 BUDGET-SEWERS AND STORM DRAINS-SIDEWALK/CURB AND GUTTER-STREETSANDALLEYS: The City Manager submitted a written report advising that acceptance of a bid submitted by E. C. Pace Co., Inc., for the Liberty Road Sanitary Sewer Replacement project was approved by Council on August 9, 1993, and construction started on September 18, 1993. It was further advised that sewer replacement was at a depth in excess of 20 feet; that it was expected that some of the curb and sidewalk in the immediate area of the work would be disturbed in order to perform an excavation of the necessary depth; that contract prices for curb and sidewalk were established with the bid for a small quantity for each item; that during execution, it was necessary to remove and replace more curb and gutter than was anticipated; and additional funds requested will cover the cost of installing the additional curb and sidewalk. It was explail~ed that funds are currently encumbered, in the amount of $20,520.00, for the project; that the original contract award provided for a $3,000.00 contingency fund, and approximately $254.00 of the contingency is obligated for previously incurred advertising expenses; and contract breakdown is as follows: original contract amount amount of Change Order No. advertising expense new contract amount $20,520.00 I 10,745.00 254.00 $31,519.00 The City Manager recommended that Council authorize execution of Change Order No. 1, in the amount of $10,745.00, to the contract with E. C. Pace Co., Inc.; and appropriate an add£tlonal $7,999.00 from Sewer Fund Retained Earnings to Liberty Road Sanitary Sewer Replacement, Account No. 003-056-8462-9065. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#31967-050294) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Sewage Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 64.) 157 ACTION: ACTION: Mrs. Bowles moved the adoption of Ordinance No. 31967-050294. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ...................... 6. NAYS: None ........................................ 0. (Council Member Musser was absent.) Mrs. Bowles offered the following ordinance: emergency (#31968-050294) AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with E. C. Pace Company, Inc., for the Liberty Road Sanitary Sewer Replacement; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 65.) Mrs. Bowles moved the adoption of Ordinance No. 31968-050294. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) PARKS AND RECREATION-ARMORY/STADIL~M-YOUTH: The City Manager submitted a written report advising that the Roanoke Valley Youth Soccer Club, Inc., has conducted a variety of youth soccer tournaments in the Roanoke Valley for eight consecutive years attracting teams from Virginia and surrounding states; that the Parks and Recreation Department has worked closely with the Roanoke Valley Youth Soccer Club, Inc., in coordinating and scheduling the use of existing facilities in an effort to advance the quality of local youth soccer programs and to enhance economic benefits derived from the tournaments; and the following 1994 soccer tournament dates have been scheduled: Virginia Youth Soccer Association State Cup - May 7 and 8; 158 ACTION: Crestar Festival Soccer Tournament May 28 and 29; Roanoke International Soccer Tournament - July 6 and 7~ and First Virginia Bank Fall Classic - November 19 and 20. It was further advised that the City has been requested by the Roanoke Valley Youth Soccer Club, Inc., to permlt the sale of soccer related merchandise during the four tournaments; that Section 24-5, Concessions, of the Code of the City of Roanoke (1979), as amended, provides that only Council may award concession privileges without public advertisement and receipt of sealed bids; and the contract concessionaire deals primarily with the sale of food and beverage items at events. The City Manager recommended that Council grant concession privileges to the Roanoke Valley Youth Soccer Club, Inc., to sell soccer related merchandise at the River's Edge Sports Complex on the abovereferenced dates; and that he be authorized to execute a limited concession agreement with Roanoke Valley Youth Soccer Club, Inc., in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency ordinance: (#31969-050294) AN ORDINANCE awarding concession privileges at River's Edge Sports Complex, upon certain terms and conditions; authorizing the execution of a limited concession agreement; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 66.) Mr. McCadden moved the adoption of Ordinance No. 31969-050294. The motion was seconded by Mr. Harvey and adopted by the following vote: 159 AYES: Council Members White, Bowles, Edwards, I Harvey, McCadden and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) BUDGET-TRAFFIC-APPALACHIANPOWER COMPANY-COMPLAINTS- STATE HIGHWAYS-PLANNING-HOTEL ROANOKE CONFERENCE CENTER- VIRGINIA TECH-SIGNALS AND ALARMS-UTILITIES-STREETS AND ALLEYS: The City Manager submitted a written report advising that pursuant to Resolution No. 31622-080993 adopted on August 9, 1993, Council approved the location and major design features of the realignment of Wells Avenue from Williamson Road, N. E., to First street, N. W.; and Appalachian Power Company (APCO) power lines along this segment of Wells Avenue will be relocated from overhead to underground, pursuant to Ordinance No. 22055, adopted February 3, 1975, which requires underground utility installation in the Gainsboro Neighborhood Development Project. It was further advised that a three-party utility agreement between the Virginia Department of Transportation (VDOT), Appalachian Power Company and the City of Roanoke has been prepared and requires prompt execution by the City to maintain the accelerated project schedule; that a fully-executed agreement will enable APCO to proceed with acquisition of all materials needed for the underground utility lines; that VDOT's policy for placing utility facilities underground requires that Council provide ~/)OT with a resolution requesting that the utilities be placed underground as a part of the project; that the resolution should also assure that future utility facilities shall not be permitted overhead along the project limits, and that the local governing body has the financial resources available to pay its share of the costs to place the facilities underground; and the City's share of costs is estimated in the three- party agreement at $73,600.00, which cost represents the City's 50 per cent share (VDOT pays the other 50 per cent) of non-betterment costs for the placement of APCO utilities underground in accordance with VDOT policy. The City Manager recommended that Council take the following actions: 160 ACTION: authorize the City Manager to execute, on behalf of the City, the three-party agreement with the Virginia Department of Transportation and Appalachian Power Company for the adjustment of electric utilities required in conjunction with the Wells Avenue roadway project; adopt a resolution requesting that VDOT have the utility relocations placed underground as a part of the Wells Avenue roadway project, indicating that Ordinance No. 22055, adopted on February 3, 1975, for underground utility installations in the Gainsboro Neighborhood Development Project is effective within the limits of the Wells Avenue roadway project, with the resolution to assure that future utility facilities required for any proposed improvement, including street lighting, shall not be permitted to be placed overhead within any section of the Wells Avenue project where the utility facility was placed underground; and further assuring that the City has the financial resources available to pay its $73,600.00 share of the costs to place facilities underground as defined in VDOT's policy; and appropriate $73,600.00 to Wells Avenue, Account No. 008-052-9547-9003. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following emergency budget ordinance: (#31970-050294) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 67.) Mr. Edwards moved the adoption of Ordinance No. 31970-050294. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) 161 ACTION: Mr. Edwards offered the following resolution: (#31971-050294) A RESOLUTION requesting the Virginia Department of Transportation to have utility lines relocated underground as a part of the widening and realignment of Wells Avenue, N. E., and authorizing execution of an agreement with the Virginia Department of Transportation and Appalachian Power Company relating to the underground relocation of utility lines in connection with the widening and realignment of Wells Avenue, N. E. (For full text of Resolution, see Resolution Book No. 56, page 68.) Mr. Edwards moved the adoption of Resolution No. 31971-050294. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) REPORTS OF COMMITTEES: CITY CODE-ROANOKE CIVIC CENTER-HOTEL ROANOKE CONFERENCE CENTER-LICENSES-ECONOMIC DEVELOPMENT: James W. Stephens, Vice-Chairperson of the Roanoke Civic Center Commission, presented a written report on behalf of the Commission, transmitting a staff report advising that current Civic Center scheduling policy was adopted on February 16, 1988, as Section IV of the Civic Center Marketing Plan; that revisions are needed in the scheduling policy to address current scheduling issues, challenges, hold sequences and appropriate deposits; that Section 24-26(b) of the code of the City of Roanoke (1979), as amended, requires a deposit equal to one-half of the rent one year before the event or upon execution of an event contract; that both City Code Section 24- 26(b) and the current scheduling policy need amendments to provide for a different scheduling policy; and changes in the entertainment and convention market, primarily the imminent re-opening of Hotel Roanoke and the need to hold block dates for professional sporting events, create the need to make changes in the scheduling policy. The Roanoke Civic Center Commission recommended that Council authorize the following amendment to Section 24- 26(b) of the Code of the City of Roanoke (1979), as amended, and that the Civic Center Manager be authorized 162 ACTION: to make adjustments in scheduling as required to provide for proper utilization of Civic Center facilities in keeping with Civic Center scheduling policies in general: A cash deposit or certified check equal to one- half of the rent shall be deposited with the City six months in advance of the event or with the return of the contract, whichever is later. The balance of the rent shall be paid upon completion of the event unless otherwise agreed. In the case of a public ticket sale where monies from ticket sales on deposit in the Civic Center Box Office would equal or exceed the balance of the rent, this requirement may be waived by the Civic Center Manager. In negotiating contracts for use of the Civic Center, the Civic Center Manager may, with the written approval of the City Manager and for good cause appearing to the City Manager, reduce, waive or enlarge any of the requirements set forth in this subparagraph. (For full text, see reports on file in the City Clerk's Office.) Mr. McCadden offered the following emergency ordinance: (#31972-050294) AN ORDINANCE amending and reordaining subsection (b) of Section 24-26, Rates for use and terms, of the Code of the City of Roanoke (1979), as amended, to provide that one-half of the rent for use of the Civic Center shall be deposited with the City six months in advance of the event, rather than one year in advance of the event, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 69.) Mr. McCadden moved the adoption of Ordinance No. 31972-050294. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) 163 ACTION: SEWERS AND STORM DRAINS-EASEMENTS-INDUSTRIES: Council Member Elizabeth T. Bowles, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to the vacation of the existing sanitary sewer easement adjacent to the Grand Piano and Furniture Co., Inc., warehouse located in Statesman Industrial Park. A staff report advised that Grand Piano and Furniture Co., Inc., is proposing a 100,000 square foot expansion of its warehouse located in Statesman Industrial Park; and the City has an existing sanitary sewer easement on the property to be acquired by Grand Piano for expansion. It was further advised that Grand Piano has requested that the City's sanitary sewer be relocated to avoid conflict with the warehouse expansion; that proposed realignment of the sewer will tie into the existing sanitary sewer on the east side of the existing Grand Piano warehouse; that the existing sanitary sewer easement must be vacated by City Council; that the plan and profile of the new sanitary sewer alignment has been reviewed and approved by the City Engineering Department; and the City Planning Commission approved the project site plan on April 6, 1994. The Water Resources Committee recommended that Council authorize vacation of the existing sanitary sewer easement located adjacent to the Grand Piano and Furniture Co., Inc., warehouse, conditioned upon construction of the relocated sanitary sewer in accordance with City standards, dedication of a replacement sanitary sewer easement by the applicant and preparation of the necessary legal document(s) by the applicant, subject to approval of the City Attorney. see reports on file in the City Clerk's (For full text, Office.) moved that the first reading: following Mrs. Bowles placed upon its ordinance be (%31973) AN ORDINANCE authorizing vacation and relocation of a portion of a sanitary sewer easement across property located in Statesman Industrial Park and identified by Roanoke City Tax No. 7180211, and acceptance and dedication of a new sanitary sewer 164 easement across adjacent property identified by Roanoke City Tax Nos. 7180210 and 7180203, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 54, page 71.) The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden and Mayor Bowers ...................... 6. NAYS: None ....................................... O. (Council Member Musser was absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: ZONING-TAXES: Mr. Edmund A. Damus, 1920 Deyerle Road, S. W., appeared before Council and requested that the income limit to qualify for the real estate tax freeze for elderly and disabled persons be increased and expressed appreciation to Council for its recent action increasing the limit from $22,000.00 to $24,000.00 per year. Mr. Damus advised that the City of Roanoke will not grow without people, but people will not be enough to create sufficient revenue, therefore, more business must be generated to create more tax revenue in order for the City to prosper. He added that the City cannot survive without an occasional increase in taxes. He advised that according to a recent newspaper article, the tax revenue to be generated by the Wal-Mart Store at Valley View will be in the range of $600,000.00, and inquired as to what will happen to small businesses in the area when Wal-Mart opens. He pointed out that it has been stated that Wal- Mart will hire approximately 600 people, with 450 to be permanent positions in the pay range of $5.00 - $10.00 an hour, but it is not known how many hours per week each employee will be permitted to work. 165 MS. Sarah Crawford, 3534 Courtland Road, N. W., advised that she does not object to a Wal-Mart Store at Valley View Mall, but she was at a loss to understand why the City of Roanoke would allow Valley View Mall to be constructed without more road entrances and exits, and if Wal-Mart insists on building in the area, they should be required to construct more entrances and exits in order to correct past roadway mistakes. She stated that the Wal-Mart pay scale should be reviewed, and called attention to the $600,000.00 in projected revenue to the City, and inquired if the City has received a guarantee from Wal-Mart that $600,000.00 will, in fact, be generated. Ms. Ann W. Foster, 2322 Oakland Boulevard, N. W., advised that if 10th Street is extended to enable traffic to come through the surrounding neighborhoods, the value of property will be destroyed. She stated that airplanes flying in and out of the airport over buildings, churches, etc., represent a danger to passengers and citizens in the area. She advised that Wal-Mart has denied the fact that its building will be constructed in the airport flight plan, and inquired as to why Valley View Mall was permitted to be constructed at its present site because it, too, is located in the airport flight plan. She stated that the section of williamson Road in question is a nice area and should not be destroyed by more truck traffic, and advised that the Roanoke Valley already has two Wal-Mart Stores and does not need another. Ms. Patricia C. Nutter, 2328 Oakland Boulevard, N. W., advised that Roanoke has an opportunity to have open farm land in a beautiful area of the City, but it appears that the City is pushing in for greed in order to place $600,000.00 in the City's coffers. She stated that the disagreement seems to be in the area of entrances and exits to enable Wal-Mart to build its own private concrete jungle. Dr. Paula C. Willis, 3835 Darlington Road, S. W., expressed concern about the future of Roanoke. She advised that her calculations revealed that the hidden cost of a development such as Wal-Mart is that the $600,000.00 tax revenue which is projected to come into the City's coffers actually turns out to be more than a quarter of a million dollars loss in terms of lost income from retail sales taxes, cost of City services, and loss of effective income from jobs that will cease to exist. She stated that she is hopeful that citizens of Roanoke will decide that it is time to organize a watchdog group and look out for their interests because it appears that 166 business is doing a good job of guarding its interest. She requested that the multi-party agreement includes representation by citizen groups, and urged that Council do everything within its power to maintain the beauty of the City of Roanoke and not allow Roanoke to become another Atlanta, Georgia. At 3:45 p.m., the Mayor declared the meeting in recess. At 4:05 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Mr. Musser. ACTION: COUNCIL: With respect to the Executive Session just concluded, Mr. Edwards moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, and Mayor Bowers ............................... 5. NAYS: None ....................................... 0. (Council Member Musser was absent.) (Council Member McCadden was out of the Council Chamber.) There being no further business, the Mayor declared the meeting adjourned at 4:07 p.m. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 167 ACTION: ACTION: PERSONNEL COMMITTEE ............ ROANOKE CITY COUNCIL May 5, 1994 8:25 a.m. A meeting of the City Council Personnel Committee was called to order on Thursday, May 5, 1994, at 8:25 a.m., in the City Council's Conference Room, fourth floor of the Municipal Building, 215 Church Avenue, S. W., Czty of Roanoke, with Chairperson Bowers, presiding. PRESENT: Personnel Committee Members Elizabeth T. Bowles, John S. Edwards, James G. Harvey, II, Delvis O. McCadden, Howard E. Musser, William White, Sr., and Chairperson David A. Bowers ...... 7. ABSENT: None ............................................... 0. OFFICERS PRESENT: Mary F. Parker, City Clerk COUNCIL-CITY EMPLOYEES: Mr. Musser moved that the Personnel Committee meet in Executive Session to discuss a personnel matter, being performance evaluations of certain Council Appointed Officers, pursuant to Section 2.1-344(A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Personnel Committee Members Bowles, Edwards, Harvey, McCadden, Musser, White and Chairperson Bowers ................... 7. NAYS: ..................................................... 0. At 8:27 a.m., the Chairperson declared the meeting in recess. At 5:05 p.m., the meeting reconvened in the Council's Conference Room, with Chairperson Bowers presiding, and all Members of the Personnel Committee in attendance. COUNCIL-CITY EMPLOYEES: With respect to the Executive Session just concluded, Mr. Edwards moved that each Member of the Personnel Committee certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Personnel Committee Members Bowles, Edwards, Harvey, McCadden, Musser, White and Chairperson Bowers ................... 7. I NAYS: ..................................................... 0. 168 There being no further business, meeting adjourned at 5:07 p.m. ATTEST: Mary F. Parker City Clerk the Chairperson declared the APPROVED David A. Bowers Chair 169 i! REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL May 9, 1994 7:30 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, May 9, 1994, at 7:30 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reqular Meetings~ of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Elizabeth T. Bowles, John S. Edwards, James G. Harvey, II, Delvis O. McCadden, Howard E. Musser, William White, Sr., and Mayor David A. Bowers .................... ABSENT: None ............................................... 0. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Hltchie, Sr., Assistant City Manager; Wllburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend W. Gregory Broyles. The Pledge of Allegiance to the Flag of the United States of America was led by representatives of Eagle Scout Troop No. 2 from Raleigh Court Methodist Church and Eagle Scout Troop No. 17 from St. John's Episcopal Church. OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised that on July 1, 1994, there will be three vacancies on the Roanoke City School Board, created by expiration of the terms of office of Marllyn L. Curtis, M. Wendy O'Neil and James M. Turner, Jr. He further advised that pursuant to Section 9-21, Public Interview of Candidates, of the Code of the City of Roanoke (1979), as amended, Council conducted interviews of the following persons on Thursday, April 21, 1994, at 4:30 p.m., in the City Council Chamber: James P. Beatty Marilyn L. Curtis Marsha W. Ellison M. Wendy O'Neil John H. Saunders Pursuant to Section 9-22, Elections, of the Code of the City of Roanoke (1979), as amended, which provides that on or before May 15 of each year, Council must hold 170 ACTION: ACTION: ACTION: ACTION: an election to fill certain upcoming vacancies on the Roanoke City School Board, the Mayor opened the floor for nominations for the three vacancies: Mrs. Bowles placed in nomination the name of Marsha W. Ellison. Mr. White placed in nomination the name of John H. Saunders. Mr. Harvey placed in nomination the name of Marilyn L. Curtis. Mr. Edwards placed in nomination the name of M. Wendy O'Neil. There being no further nominations, the following vote was recorded: FOR MS. ELLISON: Council Members Bowles, Harvey, McCadden, Musser and White ............................. 5. FOR MR. SAUNDERS: Council Members Bowles, Edwards, Harvey, Musser, White and Mayor Bowers ................. 6. FOR MS. CURTIS: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ....... 7. FOR MS. O'NEIL: Council Member Edwards and Mayor Bowers ........................................... 2. The Chair advised that Ms. Curtis received seven votes, Ms. Ellison received five votes, Ms. O'Neil received two votes and Mr. Saunders received six votes; therefore, he declared Ms. Curtis, Ms. Ellison and Mr. Saunders as Trustees of the Roanoke City School Board for three year terms commencing July 1, 1994, and ending June 30, 1997. BID OPENINGS BRIDGES-STREETS AND ALLEYS: Pursuant to notice of advertisement for bids for modifications and repairs to the Hollins Road/Norfolk Avenue Bridge, said bids to be received by the City Clerk until 4:30 p.m., on Monday, May 9, 1994, and to be held, opened and read before the Council at 7:30 p.m., on that date, or as soon thereafter as the matter may be heard, the Mayor asked if anyone had any questions about the advertisement for bids, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: 171 ACTION: ACTION: BIDDER TOTAL AMOUNT Lanford Brothers Co., Inc. Allegheny Construction Co, Inc. H. & S. Construction Co. $370,668.00 387,706.00 464,979.25 (For full text, see bids on file in the City Clerk's Office.) Mr. Harvey moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recommendation to Council. The motion was seconded by Mr. Musser and adopted. The Mayor appointed William White, Sr., Chairperson, William F. Clark and Charles M. Huffine as members of the committee. PUBLIC HEARINGS ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 9, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of Lee Harold Robertson, Sr., and Brenda Lea Robertson Simmons that property located at 673-675 Brandon Avenue, S. W., identified as Official Tax No. 1270807, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, April 22, 1994, and Friday, April 29, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to place an existing florist shop into a conforming zoning district classification and to provide for establishment of a video rental store or other appropriate activity, was before Council. The Planning Commission recommended that Council approve the request for rezoning, advising that it is a logical extension of the adjoining commercial district located to the south of the property and given the original and current use of the property, coupled with physical constraints of the site (size, shape and location of lot), the property is more suitable for 172 ACTION: commercial development than for light industrial purposes. It was reported that City Planning Department staff recommends that the Brandon Avenue corridor be studied further for possible rezoning to reflect current land use patterns. (For full text, see report on file in the City Clerk's Office.) Mr. Musser moved that the following ordinance be placed upon its first reading: (#31974) AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 127, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 54, page 104.) The motion was seconded by Mr. White. Claude D. Carter, Attorney, appeared before Council in support of the request of his clients. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 31974 was adopted, on its first reading, by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. STREETS ~uND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 9, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of Richard A. Newcomb that all of a certain alley extending between 27th Street and 30th Street, N. W., Block 21, bound on the north by Shenandoah Avenue, N. W., and on the south by Johnson Avenue, N. W., being 10 feet in width and 880 feet in length, be permanently vacated, discontinued and closed, the matter was before the body. 1 7 3 Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, April 22, 1994, and Friday, April 29, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the portion of alley right-of-way abutting Lots 15 - 18 and Lots 31 - 34 is currently fenced and is being used by the applicant for private access, loading and parking purposes; that the applicant recently purchased Lots 31 - 34 from the City of Roanoke Redevelopment and Housing Authority; that the need to close the entire length of the alley was discussed at that time, and as a result, the Housing Authority agreed to pay the cost of having a required subdivision plat prepared and recorded in order to effect total closure of the alley, was before Council. The Planning Commission recommended that Council approve the request to close and permanently vacate the alley, subject to the following conditions: A. The applicant shall submit to the City, for review and approval, and record in the Office of the Roanoke City Circuit Court, a subdivision plat, providing for the following: 1. disposition of the land within the right-of-way to be vacated, in a manner consistent with requirements of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended; and retention of appropriate easements, together with the right of public passage over same, for surface and subsurface installation and maintenance of any and all existing utilities that may be located within the alley right-of-way. If a plat of subdivision is not approved by the City and recorded by the applicant within a period of 12 months from the date of adoption of the ordinance providing for the :! 174 ACTION: closure of the subject right-of-way, said ordinance shall be null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that the following ordinance be placed upon its first reading: (#31975) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 54, page 106.) The motion was seconded by Mr. Edwards. William W. Terry, III, Attorney, appeared before Council in support of the request of his client. The Mayor inquired if there were persons present who would like to address Council with regard to the request for alley closure. There belng none, ordinance No. 31975 was adopted, on its first reading, by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. ELECTIONS-SCHOOLS: Council having authorized the City Clerk to advertise a public hearing for Monday, May 9, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, to consider the temporary relocation of the polling place for Raleigh Court No. 5 Precinct, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Sunday, April 24, 1994, and Sunday, May 1, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the Roanoke City Electoral Board advising that due to the renovation of Wasena Elementary School during the 1994-95 school year, it will be necessary to temporarily move the Raleigh Court No. 5 175 ACTION: Precinct from Wasena Elementary School to Roanoke Elks Lodge No. 197, 1147 Persinger Road, S. W,, for the November 8, 1994, election, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency ordinance: (#31976-050994) AN ORDINANCE temporarily changing the polling place for Raleigh Court No. 5 Precinct from Wasena Elementary school to Roanoke Elks Lodge No. 197, 1147 Persinger Road, S. W.; providing for an emergency and an expiration date for this ordinance. (For full text of Ordinance, see Ordinance Book No. 56, page 71.) Mr. McCadden moved the adoption of Ordinance No. 31976-050994. The motion was seconded by Mr. Harvey. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 31976-050994 was adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. BUDGET-GRANTS-PLANNING-HOUSING/AUTHORITY-ECONOMIC DEVELOPMENT: Council having authorized the City Clerk to advertise a public hearing for Monday, May 9, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, with regard to the proposed fiscal year 1994-95 budget for the Community Development Block Grant Program, and the Statement of Community Development Objectives and Projected Use of Funds, the matter was before the body. Advertisement of the public hearing was published in the Neighbors edition of the Roanoke Times & World-News on Thursday, April 28, 1994, and in the Roanoke Tribune on Thursday, April 28, 1994. (See publisher's affidavits on file in the City Clerk's Office.) 176 ACTION: A report of the City Manager advising that Council was briefed on May 2, 1994, on the recommended CDBG program, including $2,276,000.00 in new funds from the U. S. Department of Housing and Urban Development; that citizen input was received on February 1, 1994, April 21, 1994, and May 9, 1994; and recommending that he be authorized to submit the fiscal year 1994-95 Community Development Block Grant Statement of Objectives to HUD for review and approval, with available funding from the following sources: 1994-95 CDBG Entitlement Estimated Program Income Funds Transferred Estimated Funds remaining Non-CDBG matching funds 6-30-94 $ 2,276,000.00 603,100.00 64,767.00 617,084.00 3~002~439.00 $ 6~563,390.00 Total Budget The City Manager pointed out that upon receipt of program and budget approval from HUD, a report detailing necessary budget appropriations by program and line item, as well as contracts necessary to carry out the fiscal year 1994-95 program, will be presented to Council for adoption. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#31977-050994) A RESOLUTION approving the proposed Fiscal Year 1994-95 Budget for the Community Development Block Grant Program, and the Statement of Community Development Objectives and Projected Use of Funds; authorizing the City Manager or Assistant City Manager to execute and submit the Statement of Community Development Objectives and Projected Use of Funds to the United States Department of Housing and Urban Development (HUD); and authorizing the City Manager or Assistant City Manager to execute the requisite Grant Agreement with h~3D. (For full text of Resolution, see Resolution Book No. 56, page 73.) Mr. White moved the adoption of Resolution No. 31977-050994. The motion was seconded by Mr. Musser. The Mayor inquired if there were persons present who would like to address Council in connection with the matter; whereupon, Dr. Cheri W. Hartman, 2423 Stanley 177 m Avenue, S. E., appeared before Council on behalf of the Teen Outreach Program and expressed appreciation to the City Manager and the Office on Grants Compliance for recommending $5,000.00 in CDBG funds to enable the Teen Outreach Program to touch the lives of 60 of Roanoke's most at-risk teenagers at Patrick Henry High School and the Alternative Education Program, said funds to be used connection with in the Teen Pregnancy Prevention Program and the Dropout Prevention Program. Ms. Regina L. Ciotti, 418 Arbutus Avenue, S. E., who recently completed the Teen Outreach Program and completed an additional 200 volunteer hours on her own initiative at Lewis Gale Hospital, appeared before Council and expressed appreciation to the City Manager for recommending continued funding of the Teen Outreach Program, and requested that Council approve the City Manager's recommendation. She advised that the program provided her with pride and hope for the future, and will help other teenagers make wise decisions with regard to their future. No other persons wishing to address Council, Resolution No. 31977-050994 was adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to a request for an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council. COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) 178 ' ACTION: ACTION: Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... O. COUNCIL: A communication from Mayor David A. Bowers with regard to certain changes in the schedule for City Council meetings, was before the body. The Mayor advised that during the past several years, Council Members have expressed a desire for possible changes in the schedule for City Council meetings, inasmuch as some of the meetings are lengthy and other meetings are completed within 90 minutes; that following discussion with Council Members and administrators, it was deemed that longer meeting times are needed, but meetings be held less frequently; whereupon, the Mayor proposed that Council meet on the second and fourth Mondays only of each month beginning at 10:00 a.m., and that meetings be recessed for lunch if it is necessary for Council to continue is meeting into the afternoon. He further proposed that committee meetings be scheduled either prior to the 10:00 a.m. meeting or after Council meeting adjournment; and, in addition, it will be necessary to hold public hearings each month, which could be on the second Monday of each month beginning at 7:00 p.m., and the public hearing agenda would include only those items which are necessarily scheduled for public hearing or other items specifically referred to the public hearing meeting by Council Members. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that the Mayor's suggestions be referred to the City Manager and the City Attorney for study, report and recommendation and/or preparation of the proper measure. The motion was seconded by Mr. Edwards and adopted by the following vote: 181 CHURCH AVENUE PARKING GARAGE-DONINION TOWER-CENTURY STATION PARKING GARAGE-TOWER PARKING GARAGE-WILLIAMSON ROAD PARKING GARAGE-MARKET SQUARE PARKING GARAGE: The City ManaGer submitted a written report advising that Council annually has established parking fees for the followinG parking facilities: Century Station Parking Garage Church Avenue Parking Garage Market Square Parking Garage Tower Parking Garage Williamson Road Parking Garage Williamson Road Parking Lot Viaduct Parking Lot It was further advised that parking facility fees for the abovereferenced facilities for the fiscal year beginning July 1, 1994, needs to be established by Council whereupon, the City Manager recommended that Council approve the following revised parking fees and authorize the City Manager, or his designee, to modify or waive the fees for City sponsored events or other special events: Century Station Parkinq Garaqe Present Monthly (unreserved) .................... $55.00 Monthly (reserved-contractual obligation) ..................... 60.50 Monthly (reserved) ....................... 65.00 Monthly (unreserved on roof) ............ 55.00 Monthly (reserved on roof) ............... 65.00 Proposed $57.50 63.25 67.50 52.50 57.50 Short-term (Saturday only): First two hours .......................... Free Free Thereafter: .75 One hour ................................. 1.50 Two hours ....... Four hours ..... . 4.25 Enter between 5 p.m. and 9:00 p.m ........ 1.50 .75 1.50 2.25 4.25 5.25 1.50 Church Avenue Parking Garage Monthly (unreserved) ................... Monthly (unreserved on roof) ........... $45.00 45.00 $47.50 42.50 182 Short-Term: Each 1/2 hour ($3.20 maximum) ............ 80 Enter after 5:00 p.m., Monday-Friday .... Free Saturday and Sunday ..................... Free Market Square Parking Garage Monthly (unreserved) ................... $ 55.00 Monthly (reserved, health and/or security concerns) ............. 65.00 Monthly (unreserved on roof) ........... 55.00 Monthly (reserved on roof) .............. 65.00 Short-Term: One hour ................................. 75 Two hours ............................... 1.50 Three hours ............................. 2.25 Four hours. . 3.25 Enter between 5:00 p.m. and 9:00 p.m., Monday-Saturday .................... 1.50 Enter after 9:00 p.m., Monday-Saturday.. Free Sunday .................................. Free Tower Parking Garage Monthly (unreserved) ................... $ 55.00 Monthly (reserved, contractual obligation) .................... 60.50 Monthly (unreserved on roof) ........... 55.00 Monthly (reserved on roof) .............. 60.50 Short-Term: One hour ................................. 75 Two hours ............................... 1.50 Three hours ............................. 2.25 Four hours .... 3.25 Five hours ~'~n~]]~]~]~.~].]~ 4.25 Enter between 5:00 p.m. and 9:00 p.m., Monday-Saturday. 1.50 Enter after 9:00 p.m.]'~;AAi~/~Ai;~ Free Sunday .................................. Free .8O Free Free $57.50 67.50 55.00 57.50 .75 1.50 2.25 3.25 4.25 1.50 Free Free $57.50 63.25 52.50 57.50 .75 1.50 2.25 3.25 4.25 1.50 Free Free 183 ACTION: ACTION: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of William E. Skeen as a member of the Roanoke Neighborhood Partnership Steering Committee to fill the unexpired term of Jan P. Wllkins, resigned, ending November 9, 1994, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: A report of qualification of Douglas C. Dowe as a member of the Advisory Board of Human Development, for a term ending November 30, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: ANNUAL REPORTS-PLANNING: Charles A. Price, Jr., Chair, City Planning Commission, appeared before Council and presented the 1993 Annual Report of the City Planning Commission. He reviewed the following recommendations: 184 the Additional staff persons are needed in the City's Department of Planning and Community Development to assist the Planning Commission to undertake long-range planning activities and to adequately enforce the City's land development regulations. The Planning Commission is to continue to serve as a sounding board for City Council on both short-ter~ and long-range development issues. Communication between the Planning Commission and City Council and the City Administration could be enhanced by the scheduling of a Joint meeting. The role of the Planning Commission in the City's planning process is to coordinate the City's ongoing comprehensive planning efforts. The Planning Commission, through its subcommittee structure, needs to continue to be involved in City-sponsored planning efforts. The Planning Commission is to serve as a catalyst for City Council and the City Administration by calling attention to community development issues or areas where policy direction is needed. The Planning commission is to continue to assume primary responsibility for developing the plans and ordinances necessary to guide future growth. Without objection by Council, the Mayor advised that Annual Report would be received and filed. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: 185 '1 Williamson Road Parkinq Garaqe Monthly Monthly Monthly (unreserved) ................... $ 45.00 (unreserved on roof) ........... 45.00 (unreserved on side lot) ....... 45.00 $47.50 42.50 45.00 Williamson Road Parkinq Lot Monthly (unreserved) ................... $ 40.00 $45.00 Viaduct Parkinq Lot Monthly (unreserved) .................. Monthly (reserved) ..................... $ 35.00 $45.OO 55.00 N/A ACTION: Short-Term: Each 1/2 hour - Enter after 5;~6'~~.~~ (For full text, see report on file Office.) .50 .50 1.00 1.00 in the City Clerk's the following emergency Mrs. Bowles offered ordinance: (#31978-050994) AN ORDINANCE providing for adjustment of the fees charged at Century Station Parking Garage, Church Avenue Parking Garage, Market Square Parking Garage, Tower Parking Garage, williamson Road Parking Garage, Williamson Road Parking Lot and Viaduct Parking Lot; and providing for an emergency (For full text of Ordinance, see Ordinance Book No. 56, page 74.) Mrs. Bowles moved the adoption of Ordinance No. 31978-050994. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. BUDGET-HUMANDEVELOpMENT-CMERP-EQUIPMENT-PROCUREMENT CODE: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified certain operational needs for various City departments; that in September 1993, Council appropriated funds to purchase an automated 186 ACTION: system for the Social Services Department which was 100 per cent reimbursable by the State, to meet the mandate · of conversion to a Social Services online system; that identified work stations designed for office cubical concept are needed to house personal computers and relative items, with funds to be reimbursed 80 per cent by the State; that single purchases, which will cost less than $15,000.00 per item, will be procured through the competitive bid process in accordance with the City's Procurement Code; and appropriation of funds by Council is necessary to provide for purchase of the required equipment. The City Manager reco~unended that Council appropriate $30,947.00 from Capital Maintenance and Equipment Replacement Program to Social Services, Account No. 001-054-5311-9015. (For full text, see report on file in the City Clerk's Office.) Mr. Musser offered the following emergency budget ordinance: (#31979-050994) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 77.) Mr. Musser moved the adoption of Ordinance No. 31979-050994. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. BUDGET-PARKS AND RECREATION-PUBLIC WORKS-RIVER PARKWAY/EXPLORE PARK-SCIENCEMUSEUMOF WESTERN VA-CENTER IN THE SQUARE: The City Manager submitted a written report advising that Explore Park has received a two- year, $800,000.00 appropriation from the Virginia General Assembly, requiring unrestricted match funds, and that for every one dollar raised by Explore, the State will provide a matching dollar; that the Science Museum of Western Virginia has received $625,000.00 in State funding for renovation of the fourth floor galleries and 187 ACTION: the Hopkins Planetarium, which funding also requires a dollar for dollar match; and the City of Roanoke has been requested to provide match funding for both the Explore Park and the Science Museum of Western Virginia, and both agencies have requested funding from other localities. The City Manager recommended that Council provide matching grants, in the amount of $25,000.00 each, to Explore Park and to the Science Museum of Western Virginia, and transfer $50,000.00 from the following accounts to an account to be established by the Director of Finance: Account No. 001-002-9410-2199 Account No. 001-052-4340-1002 $25,000.00 25~000.00 $50,000.00 (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#31980-050994) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 78.) Mrs. Bowles moved the adoption of Ordinance No. 31980-050994. The motion was seconded by Mr. Edwards. Mr. McCadden advised that it was his understanding that appropriations for Explore Park and the Science Museum of Western Virginia were to be prepared as two separate budget ordinances to be voted upon individually be Council; whereupon, the City Manager stated that if Council would prefer to appropriate the funds via two ordinances, he would be pleased to provide the documents. Ordinance No. 31980-050994 was adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, Musser, White and Mayor Bowers ......................... 6. NAYS: Council Member McCadden .................... 1. 188 The Mayor presented a symbolic check to Dr. M. Rupert Cutler, Executive Director of Explore Park; whereupon, Dr. Cutler expressed appreciation to the City of Roanoke and advised that with receipt of the City's contribution, the ExDlore Park project will become a true Roanoke County/Roanoke City partnership. BUDGET-CITY CODE-CITY EMPLOYEES-PENSIONS: The City Manager and the Director of Finance submitted a Joint written report advising that on July 1, 1992, certain members of the City of Roanoke Pension Plan received a three per cent permanent cost-of-living adjustment; that effective July 1, 1993, a one-time lump sum payment was provided to eligible retirees; and over the past 11 years, the abovedescribed pension ad3ustments have been recommended on four different occasions. It was further advised that after a great deal of study and consideration, it is recommended that effective July 1, 1994, and payable on July 29, 1994, a three per cent permanent increase shall be made to a member's or surviving spouse's annual retirement allowance, not including any incentive payments made under the Voluntary Retirement Incentive Program established pursuant to Ordinance No. 30473-041591, adopted April 15, 1991, for those members who retired on or before July 1, 1993, and for those members who meet the following criteria: any member retired under normal service with at least ten years of creditable service; or any member retired on non-occupational disability with at least ten years of creditable service or any member retired on occupational disability, regardless of service; or any member retired under early service retirement, vested service retirement; or any surviving spouse of a member who was entitled to a benefit, provided that the deceased member would have qualified under the above requirements; or any member retired under Chapter 22.1, Police and Fire Pensions, of the Code of the City of Roanoke (1979), as amended, prior to January 1, 1946, or the surviving spouse of any such member. 189 ACTION: It was further recommended that a one-time lump sum payment of $350,000.00 be reserved for the Pension Plan from the 1994 year-end fund balance prior to determination of the Capital Maintenance and Equipment Replacement Program in order to partially address funding the permanent COLA for eligible members beginning July 1, 1994; and for the fiscal year beginning July 1, 1995, it was recommended that a three per cent lump sum payment be made on or before July 31, 1995, to certain members of the C1t¥ of Roanoke Pension Plan who meet the same abovedescribed criteria, with the three per cent lump sum payment being based on the new monthly benefit effective July 1, 1995, not including any incentive payments made under the Voluntary Retirement Incentive Program established pursuant to Ordinance No. 30473-041591, adopted April 15, 1991 which increase will cost approximately $195,000.00 and will be funded from any year-end balance at the end of fiscal year 1995 before any Capital Maintenance and Equipment Replacement Program funds are designated. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: (#31981-050994) AN ORDINANCE providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 79.) Mr. White moved the adoption of Ordinance No. 31981- 050994. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: MISCELLANEOUS-CITY CODE-BINGO/RAFFLES-LEGISLATION: The Director of Finance submitted a written report advising that during the 1994 Session of the General Assemble, Section 18.2-340.3 of the Code of Virginia was amended to require localities to adopt an ordinance 188 The Mayor presented a symbolic check to Dr. M. Rupert Cutler, Executive Director of Explore Park; whereupon, Dr. Cutler expressed appreciation to the City of Roanoke and advised that with receipt of the City's contribution, the Explore Park project will become a true Roanoke County/Roanoke City partnership. BUDGET-CITY CODE-CITY EMPLOYEES-PENSIONS: The City Manager and the Director of Finance submitted a ~oint written report advising that on July 1, 1992, certain members of the City of Roanoke Pension Plan received a three per cent permanent cost-of-living adjustment; that effective July 1, 1993, a one-time lump sum payment was provided to eligible retirees; and over the past 11 years, the abovedescribed pension adjustments have been recommended on four different occasions. It was further advised that after a great deal of study and consideration, it is recommended that effective July 1, 1994, and payable on July 29, 1994, a three per cent permanent increase shall be made to a member's or surviving spouse's annual retirement allowance, not including any incentive payments made under the Voluntary Retirement Incentive Program established pursuant to Ordinance No. 30473-041591, adopted April 15, 1991, for those members who retired on or before July 1, 1993, and for those members who meet the following criteria: any member retired under normal service with at least ten years of creditable service; or any member retired on non-occupational disability with at least ten years of creditable service or any member retired on occupational disability, regardless of service; or any member retired under early service retirement, vested service retirement; or any surviving spouse of a member who was entitled to a benefit, provided that the deceased member would have qualified under the above requirements; or any member retired under Chapter 22.1, Police and Fire Pensions, of the Code of the City of Roanoke (1979), as amended, prior to January 1, 19~6, or the surviving spouse of any such member. 189 ACTION: It was further recommended that a one-time lump sum payment of $350,000.00 be reserved for the Pension Plan from the 1994 year-end fund balance prior to determination of the Capital Maintenance and Equipment Replacement Program in order to partially address funding the permanent COLA for eligible members beginning July 1, 1994; and for the fiscal year beginning July 1, 1995, It was recommended that a three per cent lump sum payment be made on or before July 31, 1995, to certain members of the City of Roanoke Pension Plan who meet the same abovedescribed criteria, with the three per cent lump sum payment being based on the new monthly benefit effective July 1, 1995, not including any incentive payments made under the Voluntar~ Retirement Incentive Program established pursuant to Ordinance No. 30473-041591, adopted April 15, 1991 which increase will cost approximately $195,000.00 and will be funded from any year-end balance at the end of fiscal year 1995 before any Capital Maintenance and Equipment Replacement Program funds are designated. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: (#31981-050994) AN ORDINANCE providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 79.) Mr. White moved the adoption of Ordinance No. 31981- 050994. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: MISCELLANEOUS-CITY CODE-BINGO/RAFFLES-LEGISLATION: The Director of Finance submitted a written report advising that during the 1994 Session of the General Assemble, Section 18.2-340.3 of the Code of Virginia was amended to require localities to adopt an ordinance 190 requiring that as a condition of issuing a permit, a pre- determined percentage of gross receipts from bingo games or raffles must be used for charitable purposes; that considerable attention has been given to the dollars actually spent for charitable purposes as compared to the total amount of dollars generated from bingo operations, and in 1993, localities were authorized at their option to set a percentage. It was explained that 100 per cent of net proceeds (profit) must be spent on lawful religious, charitable, community or educational purposes, and it is important to remember that net proceeds (profits) is the amount left over from gross receipts and expenses after prizes have been deducted; and as of July 1, 1994, each locality will be required to establish a pre-determined percentage of gross receipts (not profit) that shall be spent for charitable purposes as a condition of issuance of a permit. It was noted that of the five organizations required to file a financial report from bingo operations for the year ended September 30, 1993, the percentage of gross receipts spent for charitable purposes ranged from 1.5 per cent to 8.8 per cent, with an average of four per cent; that for the year ended September 30, 1992, the percentage of gross receipts spent for charitable purposes for the same organizations ranged from .02 per cent to 18.2 per cent, with an average of 5.2 per cent; and numerous other localities in the Commonwealth of Virginia have adopted ordinances requiring that percentages of gross receipts ranging from 5.0 per cent to 12.5 per cent be spent for charitable purposes. The Director of Finance explained that on two occasions, meetings have been held with bingo permit- holding organizations to discuss their concerns with regard to establishing a percentage that must be spent; whereupon, he recommended that in accordance with Section 18.2-340.3(5), Code of Virginia (1950), as amended, which sets the fiscal reporting year for bingo and raffle operations as October 1 through September 30, that effective October 1, 1994, as a condition to receiving a permit, that an organization shall spend no less than four per cent of gross receipts from bingo or raffle operations for those lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized and for those expenses relating to the acquisition, construction, maintenance or repair of any interest in 189 ACTION: certain real property and no less than eight percent of gross receipts averaged for three consecutive fiscal years; and any organization not meeting the percentage would not be issued a permit. (For full text, see report on file in the City Clerk's Office.) Mr. Musser offered the following emergency ordinance: (#31982-050994) AN ORDINANCE amending and reordaining S21-68, Requirement of Issuance of permit; where valid; duration; permits subject to requlations, of Article II, Gamblinq, of Chapter 21, Offenses Miscellaneous, of the Code of the City of Roanoke (1979), as amended, by the addition of new subsection (e), such new subsection requiring organizations operating bingo games and raffles to spend at least four percent (4%) of gross receipts annually for lawful religious, charitable, community or educational purposes, and requiring that no less than eight percent (8%) of gross receipts averaged for three consecutive years be used for such purposes; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 81.) Mr. Musser moved the adoption of Ordinance No. 31982-050994. The motion was seconded by Mrs. Bowles. Mr. Joseph K. Ingram, 2222 Sewell Lane, S. W., representing the Voice of the Blue Ridge, appeared before Council and suggested that the percentage should be lower than the four per cent recommended by the Director of Finance. He advised that according to State law, a minimum must be specified to be used for religious, charitable, community or educational purposes, but Code provisions do not specify that the percentage must be in the top of the range. He explained that the Voice of the Blue Ridge has operated bingo on a profit making basis for approximately two years, its accounting procedures have been supervised by the City's Billings and Collections Department, and its expenditures have been in keeping with requirements of the City's bingo and raffle ordinance. He asked that Council not measure the matter on the basis of a morality issue but instead on the issue of practicality. 190 Mr. John H. Keyser, 3007 Hickory Woods Drive, N. representing the Veterans of Foreign Wars, objected to the amount of the percentage proposed by the Director of Finance to be spent for charity over the period of one year. He advised that the Director of Finance has reported to Council that $4.00 out of every $100.00 is small amount of money to spend for charity, but what he failed to point out is that $95.00 of every $100.00 is paid out in prizes and other expenses which leaves approximately five per cent, and of that five per cent, bingo operators must now limit themselves to spend four per cent for charitable purposes. He explained that the Veterans of Foreign Wars would like to purchase a new building, however, under the proposed scenario, it will be impossible for the organization to accumulate enough money for a new building fund. He requested that Council give further consideration to the four per cent which is recommended by the Director of Finance and reduce the figure to two - three per cent. Ordinance No. 31982-050994 was adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, Musser, White and Mayor Bowers ......................... 6. NAYS: Council Member McCadden .................... 1. The Mayor requested that the Director of Finance provide information as to bingo/raffle regulations imposed by other Roanoke Valley jurisdictions. A communication from Ms. Brenda L. Duncan expressing concerns with regard to bingo, was before Council. (For full text, see communication on file in the City Clerk's Office.) INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SEWERS AND STORM DRAINS-EASEMENTS-PLANNING- INDUSTRIES-WATER RESOURCES-SPECIAL PERMITS: Ordinance No. 31973 authorizing vacation of a portion of an existing 15-foot wide sanitary sewer easement across property located in Statesman Industrial Park, adjacent to Grand Piano and Furniture Co., Inc.'s warehouse, identified by Roanoke City Tax No. 7180211, and acceptance and dedication of a new 15-foot sanitary sewer easement across adjacent property identified by Roanoke City Tax Nos. 7180210 and 7180203, upon certain terms and conditions, as more particularly set forth in a report of 191 the Water Resources Committee under date of April 25, 1994, having previously been before the Council for its first reading on Monday, May 2, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. Harvey offering the following for its second reading and final adoption: (#31973-050994) AN ORDINANCE authorizing the vacation and relocation of a portion of a sanitary sewer easement across property located in Statesman Industrial Park and identified by Roanoke City Tax No. 7180211, and the acceptance and dedication of a new sanitary sewer easement across adjacent property identified by Roanoke City Tax Nos. 7180210 and 7180203, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 54, page 71.) ACTION: Mr. Harvey moved the adoption of Ordinance No. 31973-050994. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. BUDGET-SEWERS AND STORM DRAINS-CITY NURSING HOME- GENERAL SERVICES-ROANOKE CIVIC CENTER-UTILITY LINE SERVICES-MANAGEMENTAND BUDGET-CITY INFORMATION SYSTEMS- TRANSPORTATION FUND-FLEETMAINTENANCE FUND-SCHOOLS-WATER RESOURCES: A certificate of the Director of Finance advising that funds required for the 1994-95 General Fund, Water Fund, Sewage Treatment Fund, Civic Center Fund, Transportation Fund, Nursing Home Fund, City Information Systems Fund, Materials Control Fund, Management Services Fund, utility Line Services Fund, Fleet Management Fund, and School Fund budgets will be available for appropriation, was before Council. (For full text, see certificate on file in the City Clerk's Office.) ACTION: Mr. Musser moved that the certificate be received and filed. The motion was seconded by Mr. McCadden and unanimously adopted. 192 ACTION: ACTION: BUDGET: Mr. White offered the following emergency ordinance adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $136,811,536.00: (#31983-050994) AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 83.) Mr. White moved the adoption of Ordinance No. 31983- 050994. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. BUDGET-WATER RESOURCES: Mrs. Bowles offered the following emergency ordinance adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $8,279,728.00: (#31984-050994) AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 87.) Mrs. Bowles moved the adoption of Ordinance No. 31984-050994. The motion was seconded by Mr. Narvey and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. BUDGET-SEWERS AND STORM DRAINS: Mr. Harvey offered the following emergency ordinance adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $7,993,627.00: 193 ACTION: ACTION: (#31985-050994) AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For ful! text of Ordinance, see Ordinance Book No. 56, page 88.) Mr. Harvey moved the adoption of Ordinance No. 31985-050994. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. BUDGET-ROANOKE CIVIC CENTER: Mr. McCadden offered the following emergency ordinance adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $2,345,596.00: (#31986-050994) AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For full text of Ordinance, page 89.) Mr. McCadden moved the see Ordinance Book No. 56, adoption of Ordinance No. 31986-050994. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. BUDGET-TRANSPORTATION FUND: Mrs. Bowles offered the following emergency ordinance adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $2,229,687.00: 194 ACTION: ACTION: (#31987-050994) AN ORDINANCE adopting the annual Transportation Fund Appropriation of the City of Roanoke ii, for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For full page 91.) Mrs. text of Ordinance, Bowles moved the see Ordinance Book No. 56, adoption of Ordinance No. 31987-050994. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. BUDGET-CITY NURSING HOME: Mr. McCadden offered the following emergency ordinance adopting the annual Nursing Home Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $1,667,134.00: (#31988-050994) AN ORDINANCE adopting the annual Nursing Home Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For full text of Ordinance, page 92.) Mr. McCadden moved the see Ordinance Book No. 56, adoption of Ordinance No. 31988-050994. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. BUDGET-CITY INFORMATION SYSTEMS: Mrs. Bowles offered the following emergency ordinance adopting the annual City Information Systems Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $2,219,851.00: 195 ACTION: ACTION: (#31989-050994) AN ORDINANCE adopting the annual City Information Systems Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For full text of Ordinance, page 93.) see Ordinance Book No. 56, Mrs. Bowies moved the adoption of Ordinance No. 31989-050994. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Mueser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. BUDGET-GENERAL SERVICES: Mr. White offered the following emergency ordinance adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $147,527.00: (#31990-050994) AN oRDINANCE adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995~ and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 94.) Mr. White moved the adoption of Ordinance No. 31990- 050994. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. BUDGET-MANAGEMENT SERVICES FUND: Mr. Edwards offered the following emergency ordinance adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $461,301.00: 196 ACTION: ACTION: (#31991-050994) AN ORDINANCE adoDtlng the annual Management Services Fund Appropriation of the City of iii Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an . emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 96.) Mr. Edwards moved the adoption of Ordinance No. 31991-050994. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. BUDGET-UTILITY LINE SERVICES: Mr. Harvey offered the following emergency ordinance adopting the annual Utility Line Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $2,963,016.00: (#31992-050994) AN ORDINANCE adopting the annual Utility Line Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 97.) Mr. Harvey moved the adoption of Ordinance No. 31992-050994. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. BUDGET-FLEETMAINTENANCE FUND: Mrs. Bowles offered the following emergency ordinance adopting the annual Fleet Maintenance Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $3,791,564.00: 197 ACTION: ACTION: (#31993-050994) AN ORDINANCE adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 98.) Mrs. Bowles moved the adoption of Ordinance No. 31993-050994. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ................ 7. NAYS: None ....................................... 0. BUDGET-SCHOOLS: Mr. Edwards offered the following emergency ordinance adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995, in the total amount of $73,638,674.00: (#31994-050994) AN ORDINANCE adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1994, and ending June 30, 1995; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 99.) Mr. Edwards moved the adoption of Ordinance No. 31994-050994. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. BUDGET-PAY PLAN-CITY EMPLOYEES: Mr. Musser offered the following emergency ordinance adopting and establishing a Pay Plan for officers and employees of the City, effective July 1, 1994, providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; and repealing Ordinance No. 31461-051093, adopted May 10, 1993, to the extent of any inconsistency: 198 ACTION= ACTION= (%31995-050994) AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City, effective July 1, 1994, providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use OF private motor vehicles; repealing Ordinance No. 31461-051093, adopted May 10, 1993, to the extent of any inconsistency; and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 56, page 101.) Mr. Musser moved the adoption of Ordinance No. 31995-050994. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. BUDGET-DIRECTOR OF FINANCE-CITY CLERK-CITYATTORNEY- CITY MANAGER-REAL ESTATE VALUATION-CITY EMPLOYEES- MUNICIPAL AUDITOR: Mr. Harvey offered the following emergency ordinance establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for the fiscal year beginning July 1, 1994: (%31996-050994) AN ORDINANCE establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for the fiscal year beginning July 1, 1994; and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 56, page 104.) Mr. Harvey moved the adoption of Ordinance No. 31996-050994. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. MOTIONS AND MISCELLANEOUS BUSINESS: None. 199 ACTION: ACTION: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: ROANOKE CIVIC CENTER-HOCKEY: Mr. Joe Steffey, representing owners of the Roanoke Express Hockey Team, appeared before Council and expressed appreciation for the City's efforts in helping to develop a successful hockey franchise in Roanoke. Me explained that there are approximately 45 weekend dates for playing hockey at the Roanoke Civic Center and out of those 45 dates, the Roanoke Express has been given 20 as potential playing dates which is less than one-half of those that would otherwise be available, the reason being that certain events have been scheduled year after year which preceded the existence of hockey. He advised that under the current proposed schedule, there will be no available weekend dates during the last five weeks of the hockey season, and pointed out that the Roanoke Express is under a mandate from the East Cost Hockey League to submit a minimum of 55 playing dates to enable scheduling of the team within the League. He added that there are solutions to the problem; that the Roanoke Express has reached somewhat of an impasse with the Roanoke Civic Center Commission; and requested that Council instruct the civic Center Commission to attempt to accommodate a tenant that provides 160,000 fans per year, a tenant that has made and will continue to make improvements in Civic Center property, and a tenant that has brought tremendous pride to the City of Roanoke. Following discussion, Mr. McCadden moved that the matter be referred to the City Manager for appropriate response. The motion was seconded by Mr. Musser and adopted. At 9:05 p.m., the Mayor declared the meeting in recess. At 9:40 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With respect to the Executive Session Just concluded, Mr. Edwards moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any 200 Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ............... 7. NAYS: None ....................................... 0. OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that the three year terms of S. Elaina Duckett and Marjorie S. Smithey as members of the Youth Services Citizen Board will expire on May 31, 1994, and called for nominations to fill the vacancies. Mr. Edwards placed in nomination the names of S. Elaina Duckett and Marjorie S. Smithey. ACTION: There being no further nominations, Ms. Duckett and Ms. Smithey was reelected as members of the Youth Services Citizen Board, for terms of three years, each, ending May 31, 1997, by the following vote: FOR MS. DUCKETT AND MS. SMITHEY: Council Members Bowles, Edwards, Harvey, McCadden, Musser, White and Mayor Bowers ........................................... 7. There being no further business, the Mayor declared the meeting adjourned at 9:45 p.m. AP P ROVE D ATTEST: ~~ Mary F. Parker City Clerk David A. Bowers Mayor 201 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL May 16, 1994 2:00 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, May 16, 1994, at 2:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular Meetings~ of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members John S. Edwards, Delvis O. McCadden, Howard E. Musser, Elizabeth T. Bowles and Mayor David A. Bowers .................................................. 5. ABSENT: Council Members James G. Harvey, II, and William White, Sr.- ...................................................... 2. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wllburn C. Dibling, Jr., City Attorney; James D. Grtsso, Director of Finance; and Mar-f F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend Daniel E. Scott, Pastor, Virginia Heights Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. YOUTH: The Mayor recognized and welcomed students from William Fleming High School, Patrick Henry High School, the CITY School and the Governor's School who were participating in 1994 Student Government Day. He explained that the students were assigned to work with various City officials throughout the day in an effort to observe City government activities. The Mayor presented each student with a City "Executive Glass" as a memento of the occasion; and also presented three members of the Youth Advisory Board who were graduating seniors with a City of Roanoke "mini clipper". ZONING-PARKS AND RECREATION-CELEBRATIONS-PUBLIC WORKS-CITY EMPLOYEES-TOWER PARKING GARAGE-SPECIAL EVENTS- ACTS OF ACKNOWLEDGEMENT: The Mayor advised that he was pleased to declare May 15 - 21, 1994, as National Public Works Week in the City of Roanoke, and called upon all citizens and civic organizations to acquaint themselves with the problems involved in providing public works and 202 to recognize the contributions that public works officials make every day to the health, safety and comfort of the citizens of the City of Roanoke. (See proclamation on file in the City Clerk's Office.) The following employees were recognized as Employees of the Quarter in the Public Works Directorate: David H. Jennings Mark E. Childress Martha P. Franklin Arthur N. McCoy Stacy D. White George J. Trail, Sr. James V. Hoback John L. Mottley Jeffrey S. Shawver M. Lewis Blankenship Larry K. Hogan Parks & Grounds Maintenance Building Maintenance Planning & Community Development Solid Waste Management Fleet Management Streets & Traffic - Streets Division Fleet Management Solid Waste Management Building Inspections Building Maintenance Streets & Traffic - Streets Division The Mayor advised that it was with pleasure that he introduced the 1993-94 Employee Of The Year in the Public Works Directorate, David H. Jennings. He pointed out that Mr. Jennings is a Crew Leader in the Recreation/ Grounds Maintenance Department and has been employed by the City on a permanent basis since August 1, 1978, and he is assigned to the Central Business District which includes the Market and First Union Tower Building area. He advised that Mr. Jennings is a conscientious employee, and most recently initiated an informal program with farmers and merchants in the Market and First Union Tower Building area whereby special needs are met for events and holidays that take place in the area; that Mr. Jennings has not used any sick leave since August 1989 and is commended for his attendance; and Mr. Jennings is considered to be an asset to his department, merchants, visitors and customers of the Central Business District. Mr. McCadden offered the following resolution: (#31997-051694) A RESOLUTION recognizing David H. Jennings, as Employee Of The Year in the Public Works directorate. (For full text of Resolution, see Resolution Book No. 56, page 108.) 203 ACTION: ACTION: Mr. McCadden moved the adoption of Resolution No. 31997-051694. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers ................................ 5. NAYS: None ....................................... 0. (Council Members Harvey and White were absent.) The Mayor presented Mr. Jennings with a ceremonial copy of Resolution No. 31997-061694; a plaque designating him as 1994 Employee of the Year in the Public Works Directorate, and a $100.00 U.S. Savings Bond. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to a request for an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council. COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed b y Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, coma%issions and committees appointed Dy Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers ................................ 5. NAYS: None ....................................... 0. (Council Members Harvey and White were absent.) 204 ELECTIONS-COUNCIL-CITYGOVERNMENT: A communication from Alton B. Prillaman, Secretary, Roanoke City Electoral Board, transmitting an Abstract of Votes cast in the General Election held in the City of Roanoke on Tuesday, May 3, 1994, was before Council. "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the May 3, 1994, General Election, for Membert City Council (4 year term) Names of Candidates Total Votes Received (In Figures) Barbara Norris Duerk 4,436 John H. "Jack" Parrott 4,932 John S. Edwards 6,980 Co Nelson Harris 4,482 William "Bill" White, Sr. 5,158 Michael Bishop 1 Bev Fitzpatrick 1 Vigil Goode 1 Sharon Perdue 2 Noel Taylor 1 Matt Womack 3 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 3, 1994, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received the greatest number of votes cast for the above office in said election: John H. "Jack" Parrott John S. Edwards william "Bill" White, Sr. Given under our hands this 4th day of May, A copy teste: [SEAL] 1994. Gilbert E. Butler, Jr., Chairman Charles T. Green, Vice Chairman Alton B. Prillaman, Secretary Alton B. Prillaman, Secretary, Electoral Board 205 ACTION: "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the Nay 3, 1994, General Election, for Membert City Council (for unexpired term to end June 30t 1996) Names of Candidates Total Votes Received (In Figures) John S. Voit 3,998 Llnda F. Wyatt 4,660 Barbara Duerk 11 Nelson Harris 19 John Parrott 5 Sharon Perdue 1 Bill White 1 Matt Womack 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 3, 1994, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received the greatest number of votes cast for the above office in said election: Linda F. Wyatt Given under our hands this 4th day of May, 1994. A copy teste: Gilbert E. Butler, Jr., Chairman Charles T. Green, Vice Chairman Alton B. Prillaman, Secretary [SEAL] Alton B. Prillaman, Secretary, Electoral Board Mrs. Bowles moved that the communication and Abstract of Votes be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers ................................ 5. NAYS: None ....................................... 0. (Council Members Harvey and White were absent.) 206 REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: POLICE DEPARTMENT-HOUSING/AUTHORITY-YOUTH-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Director of Public Safety introduced Major R. Donald Shields, Commander of the Patrol Division, Roanoke City Police Department, who presented a briefing in regard to the Roanoke City Police Department Bicycle Patrol Unit that operates in conjunction with the C.O.P.E. Program. Major Shields advised that in November 1992, a staff study was completed and presented to the administration of the Police Department for consideration, and in March 1994, the Bicycle Patrol Unit became operative. He further advised that the study revealed that bicycle patrol is a highly maneuverable, speedy and discreet police response method which serves to increase public perception or awareness of police in the community; and while on patrol, children identify with officers on bicycles which, in turn, creates the perception of officer friendliness toward the community. He recognized the efforts of members of the Blue Ridge Bicycle Club and Cardinal Bicycles, advising that the Blue Ridge Bicycle Club provided information on bicycle safety, as well as funds for video tapes, training and training manuals, coordinated a special training session for three C.O.P.E. officers which was sponsored by the International Police Mountain Bike Association in Waynesboro, Virginia, which consisted of training in traffic strategies, gear use, bicycle fitness, pre-ride checks, maintenance skills, legal issues, fitness, group riding, hazard recognition, pursuit situations and tactics, common crashes, off road spills, and equipment considerations. Officer Byron T. Clingenpeel appeared before Council and explained the various features of the bicycle. Barbara N. Duerk, Vice-President of Public Relations, Blue Ridge Bicycle Club, appeared before Council and called attention to two other benefits of the police bicycle patrol; viz: bicycle units within a Police Department have the highest felony conviction rate, and 207 bicycles are more beneficial than car patrols because the officer can maneuver the unit up and down stairs. She advised that May is Bicycle Month and commended the City of Roanoke for participating in Alive and Well Week. She stated that the Bicycle Patrol Unit has been a partnership between the City of Roanoke and the Blue Ridge Bicycle Club and members of the organization look forward to continuing the partnership by providing expertise, knowledge and materials. Without objection by Council, the Mayor advised that the briefing would be received and filed. Director Manager briefing program. REFUSE COLLECTION-PUBLIC WORKS-ROANOKE VALLEY RESOURCE AUTHORITY-FLEETMAINTENANCE FUND-RECYCLING: The of Public Works introduced James A. McClung, of Fleet and Solid Waste Management, for a on the City's bulk item and brush collection Mr. McClung presented slides describing the magnitude of the bulk items and brush collection problems associated with the various storms that occurred within the City in the past year. He advised that the Solid Waste Management Department provides once per week curbside/alleyside residential refuse collection to approximately 36,000 customers and bi-monthly curbside recycling collection to approximately 16,000 customers. As a part of the refuse recycling collection service, he pointed out that curbside bulk item/bulk brush collection service is provided at no charge to citizens and the City collects approximately 1,500 tons of bulk items and approximately 1,300 tons of bulk brush annually, at an estimated cost of $139,000.00. He explained that bulk items include household furnishings or major appliances such as mattresses, box springs, ranges, refrigerators, stoves, etc., that cannot be manually loaded into a regular trash collection truck because of size, weight, or composition, and bulk brush includes tree branches or shrubbery that is no larger than four feet long, four feet wide by four feet high in size and no larger than three inches in diameter. He advised that the bulk program works on a systematic schedule that helps employees to maximize route efficiency in providing services to all areas of the City in a reasonable time frame utilizing two equipment operators and two special open top trucks with appropriate equipment. He stated that to schedule a bulk item or bulk brush pickup, a citizen must call the Public Works Dispatcher, that scheduling provides the City of Roanoke with the authority to pick up the requested items, and residents 2O8 will be assigned a collection date which is usually on the same day as the regular refuse collection, although the date can range from one day to two weeks from the time of the call. He advised that each truck provides between 36 - 48 average stops per day and work together in accomplishing assigned tasks so that customers receive serwices as scheduled. He noted that bulk items and bulk brush must be placed at the street, away from parked vehicles, fences, or overhead wires and tree branches no earlier than 6:00 p.m., the day before the scheduled collection and no later than 7:00 a.m., on the date of the scheduled collection, with items to De separate allowing six feet or more between bulk items and regular refuse or recyclables. He added that only six items or less are scheduled for collection and only those items specified by the caller, and organic material, concrete building materials, materials resulting from remodeling or razing of a structure, car parts or tires cannot be collected. He advised that throughout the year, the solid Waste Management Department deals with approximately 25 court ordered evictions, working closely with the Sheriff's Department and in most instances, it is necessary to provide a bulk collection truck and refuse packer and crew, which averages approximately $250.00 per pickup. He stated that the Department relies heavily on the help of neighborhood groups, individuals and other City departments in identifying those situations that need attention. In closing, he stated that employees will participate in an extensive campaign to meet with citizens throughout the community to advise them of the bulk collection service and to receive input and suggestions on appropriate changes to improve the program. Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: BUDGET-HOUSING/AUTHORITY-PLANNING-GRANTS: The City Manager submitted a written report advising that the Roanoke Redevelopment and Housing Authority administers a variety of Community Development Block Grant funded programs including projects associated with the Gainsboro Conservation/Redevelopment Plan; that a Contract for Services with the Housing Authority for administration of activities in the current year was approved by Council on Monday, September 13, 1993, pursuant to Resolution No. 31689-091393, and Amendment No. 1 was approved to the contract on February 22, 1994, pursuant to Resolution No. 31870-022294; that a program addressed in the current contract is Gainsboro Enhancement Project II, which would 209 assist the City with a project to relocate the residential structures currently located at 42 and 56 Wells Avenue behind The Hotel Roanoke to a nearby street prior to realignment of Wells Avenue, which activity includes acquiring nearby sites, removing asbestos, physically relocating the structures and other related activities; and the project was originally recommended by the City Planning Commission as part of the Commission's review of the Wells Avenue Redevelopment Project, and has neighborhood support. It was further advised that the one bid received for relocation of the two structures located at 42 and 56 Wells Avenue was opened by the Roanoke Redevelopment and Housing Authority on March 24, 1994, and Mousing Authority staff negotiated the contract bid to a lump sum amount of $130,000.00; that additional funds, in the amount of $17,000.00, are needed by the Mousing Authority in order to execute the contract to relocate the structures prior to May 31, 1994; that program income to be returned to the City will be generated by sale of the two structures after relocation; and an amendment to the Community Development Block Grant Contract with the Roanoke Redevelopment and Housing Authority is necessary in order to increase the Mousing Authority budget for the Gainsboro Enhancement II Project from $152,400.00 to $169,400.00 for site preparation and relocation costs for the structures currently located at 42 and 56 Wells Avenue, N. The City Manager recommended that Council approve the following actions: authorize execution of the Community Development Block Grant contract amendment with the Roanoke Redevelopment and Housing Authority; transfer $10,000.00 in Community Development Block Grant funds from Account No. 035-092- 9237-5250 to Account No. 035-092-9220-5009; and transfer $7,000.00 in Capital Projects funds from Account No. 008-002-9653-9003, to Second Street/Gainsboro Road/Wells Avenue, to Account No. 008-052-9547-9003. (For full text, see report on file in the City Clerk's Office.) 210 ACTION: ACTION: Mr. McCadden offered the following emergency budget ordinance: (#31998-051694) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant and Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 110.) Mr. McCadden moved the adoption of Ordinance No. 31998-051694. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers ................................ 5. NAYS: None ....................................... 0. (Council Members Harvey and White were absent.) Mr. Edwards offered the following ordinance: emergency (#31999-051694) AN ORDINANCE authorizing the appropriate City officials to enter into an amendment to the CDBG Contract for Services between the City and the City of Roanoke Redevelopment and Housing Authority, relating to the relocation of two structures located at 42 and 56 Wells Avenue, upon certain terms and conditions, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 111.) Mr. Edwards moved the adoption of Ordinance No. 31999-051694. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers ................................ 5. NAYS: None ....................................... 0. (Council Members Harvey and White were absent.) CITY CODE-TRAFFIC-TAXES-COMMISSIONER OF REVENUE- EMERGENCY MEDICAL SERVICES: The City Manager submitted a written report advising that Roanoke Emergency Medical Services, Inc. (REMS) was established on December 10, 1989, when the City of Roanoke and the Williamson Road Life Saving Crews merged; that cost savings for City 211 residents are provided through volunteer pre-hospital emergency medical providers; that recruitment and retention efforts to maintain appropriate volunteer manning levels contlnue to be difficult, with economic changes, increased exposure to infectious disease, violence toward Emergency Medical Service providers and significant training requirements resulting in a decline in volunteer resources Statewide; that provisions of the State Code allow local governments to waive personal property tax and decal fees for volunteer EMS providers who regularly respond or perform other functions for a volunteer EMS agency; and incentives are needed to attract and retain volunteers to provide this service inasmuch as retention is a major issue as skill proficiency increases with time. It was further advised that Roanoke Emergency Medical Services, Inc., membership has steadily declined from 110 volunteers in 1989 to 86 volunteers in 1994, which decline in volunteer participation results in an increased cost to the City to provide this essential service; that 23 volunteers "actively" participate and would meet requirements to receive incentives; and an active member is defined as follows: an individual who consistently and routinely meets the expectations of membership which conslsts of working a duty shift (12 hour shift every sixth day) and attending the monthly business and training meetings; or an individual who serves in an administrative volunteer position for Roanoke Emergency Medical Services, i.e., Operations Officer, President, Vice-President, etc. It was explained that other localities provide various incentives to strengthen recruitment and retention of volunteers, such as free vehicle decal, waiving personal property tax on one vehicle per volunteer and a retirement program based on years of service, with volunteers required to be active in order to be eligible for such incentives; and the Emergency Medical Services Advisory Board, appointed by the City Manager, has recommended implementation of an incentive program which will benefit "active" members that reside within the City of Roanoke in order to strengthen this important resource. 212 The City Manager recommended that Council approve "no charge" vehicle decals and waive personal property tax for one vehicle for "active" Roanoke Emergency Medical Service volunteers who reside within the City of Roanoke; that a list of volunteers meeting "active" member status would be approved by the REMS Operations Officer and President and submitted to the Manager of Emergency Medical Services by February 15 of each year for the previous calendar year; that the Commissioner of Revenue will be provided with a list of individuals eligible for the incentive program by March 15 of each year; that the cost to provide incentives would be determined annually based on the number of "active" REMS volunteers and the type of vehicles owned by the volunteers, with fiscal year 1993-94 cost expected to be approximately $3,067.00; and the City Manager will instruct the Emergency Medical Services Advisory Board to review options and make recommendations on incentives that may be adopted on a regional level such as reciprocal agreements that would support and stimulate volunteer participation throughout the Roanoke Valley. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden called upon the Commissioner of the Revenue to address what she considers to be an inequity in the proposed ordinance; whereupon, the Commissioner of the Revenue called attention to a question in regard to volunteers who could be rewarded in different measurable ways, advising that there could be some inconsistency relative to the amount of the personal property tax to be waived in each instance depending upon the amount of the assessment of each automobile. Mr. Edwards addressed the disparity issue, and requested an explanation as to why the personal property tax waiver was suggested as opposed to an incentive that could be more across the board and equitable to all participants; whereupon, the Director of Public Safety advised that it is important to note that volunteerism in emergency medical services is one of the few volunteer programs where prior education and certification is required, that many volunteers in the Roanoke Emergency Medical Services organization go beyond the basic level of certification and serve a 12-hour shift every six days at a minimum, and the rationale in suggesting the personal property tax waiver was to go beyond the modest incentive of the $20.00 decal fee. 213 ACTION: The City Manager called attention to Section 58.1- 3506 of the Code of Virginia (1950), as amended, which allows local governments to waive personal property tax and decal fees for volunteer EMS providers who regularly respond to or perform other functions for a volunteer EMS agency. He advised that it was his understanding that the Commissioner of the Revenue had participated in the discussions, and if Council is concerned that the waiver might be too lucrative, he would like to hear the suggestions/comments of Council. He stated that the goal was to find a way to recognize EMT volunteer efforts, and the recommendation contained in the report is authorized pursuant to provisions of the Code of Virginia. Following discussion, it was agreed that the matter would be referred back to the City Manager and the Commissioner of the Revenue for further study, report and recommendation to Council in connection with other alternatives to recognize volunteer Emergency Medical Service efforts. The Mayor suggested that consideration be given to providing a personal property tax waiver up to a certain limit which would be more equitable across the board. In the event that a person volunteered for a period of time, met the requirements for waiver, received the waiver, and after a short while discontinued volunteer service, he inquired if the City would enforce some type of rebate. REPORTS OF COMMITTEES: BUDGET-CITYNURSING HOME-PUBLIC WORKS-ROANOKE CIVIC CENTER-CMERP-STREET$ AND ALLEYS: Council Member William White, Sr., Chairperson of a committee appointed by the Mayor to tabulate bids received for asphalt concrete overlays and pavement profiling of various streets within the City of Roanoke, which includes 57 lane miles of streets, the loop road around the City Nursing Home and the Roanoke Civic Center parking lot, presented a written report on behalf of the Committee recommending that Council approve the following actions: award a contract to Adams Construction Company, in the amount of $1,462,488.30, and establish a contingency, in the amount of $17,511.70, for a total cost of $1,480,000.00, in a form acceptable to the Director of Finance; 214 ACTION: appropriate $270,646.00 in Capital Maintenance and Equipment Replacement Program funding to Street Paving, Account No. 001-052-4120-2010; appropriate $12,000.00 in Capital Maintenance and Equipment Replacement Program funding to be transferred to a Capital Outlay Account to be established in the Nursing Home Fund; appropriate $249,820.00 to a Capital Outlay Account to be established in the Civic Center Fund from the following sources: Management Services Fund Retained Earnings Materials Control Fund Retained Earnings Civic Center Fund Retained Earnings $ 83,273.00 83,273.00 83~274.00 $249,820.00 .! transfer $231,033.00 in the fiscal year 1994- 95 General Fund budget from Transfers to Capital Projects Fund, Account No. 001-004- 9310-9508, to Street Paving, Account No. 001- 052-4120-2010; and reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Committee. (For full text, see reports On file in the City Clerk's Office.) Mr. Edwards offered the following emergency budget ordinance: (#32000-051694) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General, Civic Center, Management Services, Materials Control, and Nursing Home Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 000.) Mr. Edwards moved the adoption of Ordinance No. 32000-051694. The motion was seconded by Mr. McCadden and adopted by the following vote: 216 ACTION: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers ................................ 5. NAYS: None ....................................... 0. (Council Members Harvey and White were absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 31974 rezoning a tract of land located at 673 - 675 Brandon Avenue, S. W., identified as Official Tax No. 1270807, from LM, Light Manufacturing District, to C-2, General Commercial District, having previously been before the Council for its first reading on Monday, May 9, 1994, read and adopted on its first reading and laid over, was again before the body, Mrs. Bowles offering the following for its second reading and final adoption: (#31974-051694) AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 127, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 54, page 104.) Mrs. Bowles moved the adoption of Ordinance No. 31974-051694. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers ................................ 5. NAYS: None ....................................... 0. (Council Members Harvey and White were absent.) STREETS AND ALLEYS: Ordinance No. 31975 permanently vacating, discontinuing and closing all of a certain alley extending between 27th Street and 30th Street, N. W., Block 21, bound on the north by Shenandoah Avenue and on the south by Johnson Avenue, being 10 feet in width and 880 feet in length, having previously been before the Council for its first reading on Monday, May 9, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. Edwards offering the following for its second reading and final adoption: 217 ACTION: ACTION: (#31975-051694) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City or Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 54, page 106.) Mr. Edwards moved the adoption of Ordinance No. 31975-051694. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers ................................ 5. NAYS: None ....................................... O. (Council Members Harvey and White were absent.) MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: CELEBRATIONS: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared before Council and invited the Members of City Council and City officials to attend a South African celebration in honor of Nelson Mandela on Friday, May 20, 1994, at 7:00 p,m., at the High Street Baptist Church. At 3:40 p.m., the Mayor declared the meeting in recess. At 3:55 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Members Harvey and White. COUNCIL: With respect to the Executive Session just concluded, Mr. Edwards moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Musser and adopted by the following vote: 218 ACTION: ACTION: AYES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers ................................ 5. NAYS: None ....................................... 0. (Council Members Harvey and White were absent.) OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that the term of George A. McLean, III, as a member of the Youth Services Citizen Board will expire on May 31, 1994, and called for nominations to fill the vacancy. Mrs. Bowles placed in nomination the name of George A. McLean, III. There being no further nominations, Mr. McLean was reelected as a member of the Youth Services Citizen Board, for a term of three years, ending May 31, 1997, by the following vote: FOR MR. MCLEAN: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers ........................ 5. (Council Members Harvey and White were absent.) OATHS OF OFFiCE-COMMITTEES-PENSIONS: The Mayor advised that the four year term of F. Wiley Hubbell and the two year term of Bernice F. Jones as members of the City of Roanoke Pension Plan Board of Trustees will expire on June 30, 1994, and called for nominations to fill the vacancy. Mrs. Bowles placed in nomination the names of F. Wiley Hubbell and Bernice F. Jones. There being no further nominations, Mr. Hubbell was reelected for a term of four years, ending June 30, 1998, and Ms. Jones was reelected for a term of two years, ending June 30, 1996, as members of the City of Roanoke Pension Plan Board of Trustees, by the following vote: FOR MR. HUBBELL AND MS. JONES: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers ..... 5. (Council Members Harvey and White were absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there is a vacancy on the Roanoke Neighborhood Partnership Steering Committee, created by the resignation of Dale C. Allen, for a term ending November 13, 1996, and called for nominations to fill the vacancy. 219 Mrs. Bowles placed in nomination the name of Shirley M. Bethel. There being no further nominations, Ms. Bethel was elected as a men~)er of the Roanoke Neighborhood Partnership Steering Committee, to fill the unexpired term of Dale C. Allen, ending November 13, 1996, by the following vote: ACTION: FOR MS. BETHEL: Council Members Edwards, McCadden, Musser, Bowles and Mayor Bowers ....................... 5. (Council Members Harvey and White were absent.) There being no further business, the Mayor declared the meeting adjourned at 4:00 p.m. ATTEST: Mary F. Parker City Clerk APPROVED Mayor 220 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL May 23, 1994 2:00 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, May 23, 1994, at 2:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reqular Meetinqs, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Delvis O. McCadden, Howard E. Musser, William White, Sr., Elizabeth T. Bowles, John S. Edwards and Mayor David A. Bowers ........................................ 6. ABSENT: Council Member James G. Harvey, II ................. 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend Randy J. Garner, Pastor, Valley View Wesleyan Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT: The Mayor welcomed former Burgermiester Peter Bohm from Grossbissendorf, Germany, and presented him with a Key to the City. BID OPENINGS ROANOKE CIVIC CENTER: Pursuant to notice of advertisement for bids to replace the wooden stage floor in the Roanoke Civic Center Auditorium, said bids to be received by the City Clerk until 1:30 p.m., on Monday, May 23, 1994, and to be held, opened and read before the Council at 2:00 p.m., on that date, or as soon thereafter as the matter may be heard, the Mayor asked if anyone had any questions about the advertisement for bids, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the sole bid received from Williams Painting and Remodeling, Inc., in the amount of $136,950.00. (For full text, see bid on file in the City Clerk's Office.) 221 ACTION: ACTION: ACTION: Mr. McCadden moved that the bid be referred to a committee to be appointed by the Mayor for study, report and recommendation to Council. The motion was seconded by Mr. Edwards and adopted. The Mayor appointed William White, Sr., Chairperson, Kit B. Kiser and Bobby E. Chapman as members of the committee. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to a request for an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Harvey was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: 222 CITY CODE-COUNCIL: Council having previously referred to a suggestion of the Mayor with regard to changing the schedule for conducting City Council meetings to the City Manager for input and to the City Attorney for preparation of the proper measure, the matter was again before the body. The City Attorney transmitted a measure amending the Council's Rules of Procedure to provide, effective July 1, 1994, that City Council meetings will be held on the second and fourth Mondays of each month at 10:00 a.m., and public hearings will be held on the second Monday at 7:00 p.m. (For full text, see communication on file in the City Clerk's Office.) Mr. McCadden offered the following emergency ordinance: ACTION: (#32003-052394) AN ORDINANCE amending and reordaining Rule 1, Regular meetings, of Section 2-15, Rules of procedure, of the Code of the City of Roanoke (1979), as amended, to provide for a new schedule of regular meetings of City Council, effective July 1, 1994; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 117.) Mr. McCadden moved the adoption of Ordinance No. 32003-052394. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Harvey was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: YOUTH-SCHOOLS: The Director of Human Development presented a briefing on the City's Community Education Program which operates in partnership with the Roanoke City Public Schools. He advised that Community Education sponsors and co-sponsors numerous activities, including 223 the Nurturing Program, Virginia Western Community College classes, Writing Is Fun For Me, and Adventures For Kids. He explained that all programs are planned and implemented using existing resources, and partnerships with individuals, businesses and organizations have been formed to meet the ultimate goal of enhancing the quality of life for Roanoke's citizens. He advised that the importance of volunteers and community partnerships to the success of the program cannot be overly stressed and community education has had a tremendous impact on the lives of many youth and their parents. The following students who participated in Adventures For Kids appeared before Council and talked about various aspects of the program, such as a visit to Apple Ridge Farms, cooking, rock wall climbing, bowling and creative arts: Freddie Wright 1124 Morningside Street, S. E. Rachel Brown 2516 King Street, N. E. Lee Morris 1219 Stewart Avenue, S. E. Brittany Harris 714 Conway Street, N. E. Mary Hayslett 1008 Stewart Avenue, S. E. The children advised that they participated in the Chili Cook-Off on the Roanoke City Market on Saturday, May 9, 1994, where they won the People's Choice Award and First Place for showmanship. They presented the Mayor and Members of Council with tee-shirts, buttons, stickers and a sample of their award winning chili. Without objection by Council, the Mayor advised that the remarks would be received and filed. ITEMS RECOMMENDED FOR ACTION: BUDGET-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The City Manager submitted a written report advising that on July 27, 1992, Council authorized establishment of an Enterprise Fund entitled, "Hotel Roanoke Conference Center Commission (HRCCC)"; that the operating budget for the HRCCC must be approved by Council and the Virginia Tech Board of Visitors, pursuant 224 to Sections 21 B and C of the Hotel Roanoke Conference Center Commission Act, with operating subsidies to be evenly divided; that on March 17, 1994, the HRCCC adopted an operating budget for fiscal year 1994-95, in the amount of $887,850.00, which will cover pre-opening expenses for the Center, as well as operating expenses when the Center opens in April 1995; that the second full 12 months of operation of the Conference Center will result in a decrease in the City's share of the budget operating subsidy; and the Virginia Tech Board of Visitors approved its 50 per cent share of the Hotel Roanoke Conference Center Commission budget request at its meeting on April 25, 1994. The City Manager recommended that Council approve the Hotel Roanoke Conference Center Commission budget, in the amount of $887,850.00, for fiscal year 1994-95; and that $276,500.00 be transferred from General Fund, Account No. 001-004-9310-9508, to Capital Projects Fund, Conference Center Account No. 008-002-9653-9003. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Musser offered the following emergency budget ordinance: (#32004-052394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, 119.) Mr. Musser moved the adoption of Ordinance No. 32004-052394. ?he motion was seconded by Mr, Edwards and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Harvey was absent.) Mr. Musser offered the following resolution: 225 ACTION: (#32005-052394) A RESOLUTION approving the annual operating budget of the Hotel Roanoke Conference Center Commission for Fiscal Year 1994-95. (For full text of Resolution, see Resolution Book No. 56, 120.) Mr. Musser moved the adoption of Resolution No. 32005-052394. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Harvey was absent.) BUDGET-TRAFFIC-STATE HIGHWAYS-PLANNING-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH-CONSULTANTS REPORTS- STREETS AND ALLEYS-TRAFFIC: The City Manager submitted a written report advising that on April 13, 1987, Council requested that the Virginia Department of Transportation (VDOT) program projects for roadway widening and realignment that include the following: Wells Avenue from Williamson Road, N. E., to First Street, N. W.; and First Street/Gainsboro Road from Madison Avenue, N. W., to Salem Avenue, S. W., and the intersection of Orange Avenue and Gainsboro Road (this alignment ultimately shifted location to become known as the Second Street/ Gainsboro Road Project). It was further advised that pursuant to Resolution No. 31287-121692, adopted December 16, 1992, Council approved location of the realignment of Wells Avenue from Williamson Road, N. E., to Second Street, N. W. (currently known as First Street, N. W.); that the Wells Avenue project schedule has been accelerated to improve public safety and traffic flow in connection with the opening of the Hotel Roanoke Conference Center in early 1995; that pursuant to Ordinance No. 31406-041293, Council authorized an amendment to the "Agreement for Administering Project by Municipality" between the City and the Virginia Department of Transportation for Wells Avenue to allow VDOT to handle the right-of-way and construction phases of the project in order to meet the stringent time schedule; that the preliminary engineering phase has been administered by the City with Mattern & Craig, Inc., Consulting Engineers; that in addition, VDOT has been extraordinarily cooperative in scheduling many project related activities; and pursuant to Resolution No. 31622-080993, adopted on August 9, 1993, Council approved the location and major design features of the realignment of Wells Avenue from Williamson Road, N. E., to First Street, N. W. It was explained that bids for project construction were received by the Virginia Department of Transportation on May 18, 1994, and a contract was awarded to Branch Highways, Inc., in the amount of $2,244,386.00; that the City must execute a City-State Agreement before VDOT will allow the contractor to begin construction; that the City's share of the cost of the project totals $775,580.24; and enhancements contained in the project include the plaza, bus shelter, decorative street lighting and entryway signage, at a cost of $643,924.30 (100 per cent City funds) as bid by Branch Highways, Inc. It was pointed out that project coordination with the Hotel Roanoke Conference Center Commission (HRCCC) required that certain expenses be incurred by the Hotel project, such as demolition of the former Wells Avenue pavement and construction of the temporary detour across the Hotel parking lot from Wells Avenue to Shenandoah Avenue; that VDOT has agreed that the $33,900.00 incurred for said items could be reimbursed to the HRCCC from the City's urban highway funds used for the Wells Avenue project; and it is necessary for the City to receive the funds (established as a project cost in the City-State Agreement) from VDOT and then reimburse the HRCCC. The City Manager recommended that Council approve the following actions: authorize execution of the City-State Agreement, in a form to be approved by the City Attorney; appropriate $723,118.90 from certain accounts listed in Attachment III of the report to Wells Avenue, Account No. 008-052-9547-9001; receive $33,900.00 from VDOT; and 227 ,! ACTION: ACTION: authorize payment to HRCCC in the amount of $33,900.00. (For full text, see report on file in the City Clerk's Office.) Mr. Musser offered the following emergency budget ordinance: (#32006-052394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, 121. ) Mr. Musser moved the adoption of Ordinance No. 32006-052394. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Harvey was absent.) Mr. Musser moved that the following placed upon its first reading: ordinance be (#32007) AN ORDINANCE approving an agreement between the City and the Virginia Department of Transportation for the widening and realignment of Wells Avenue, N. E., providing for the allocation of the City's share of the project cost; and authorizing execution of said agreement on behalf of the City. (For full text of Ordinance, see Ordinance Book No. 56, 122. ) The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Harvey was absent.) (See Council minutes of June 20, 1994, for adoption of Ordinance No. 32007-062094 on second reading.) 228 BUDGET-NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY- PLANNING-GRANTS-ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager submitted a written report advising that the City has funded ten rehabilitation or new construction projects in partnership with the Northwest Neighborhood Environmental Organization (NNEO) through Community Development Block Grant and City General Funds since 1982; that NNEO has submitted a proposal for CDBG and HOME funds for rehabilitation of houses located at 813, 814 and 815 Gllmer Avenue, N. W., as a part of the CDBG budget process in the spring of 1994; that the Community Development Block Grant Review Committee recommended using HOME funds for the entire project; and the 1992 HOME Investment Partnership Program (HOME) allocation from the U. S. Department of Housing and Urban Development (HUD) was approved by Council, pursuant to Resolution No. 31070-062292, adopted June 22, 1992, with funds appropriated pursuant to Ordinance No. 31069- 062292. It was further advised that of the $756,000.00 HOME funds allocated in the 1992 program year, a minimum of 15 per cent, or $113,400.00, must be allocated to a Community Housing Development Organization (CHDO) for project costs; that to date, $64,978.00 of 1992 HOME funds have been awarded to the Northwest Neighborhood Environmental Organization which qualifies as a CHDO; that May 31, 1994 is the deadline for committing the entire 1992 HOME allocation, and any uncommitted 1992 HOME funds may be recaptured by HUD; and all 1992 HOME funds are committed by contract with the exception of $48,422.00 of CHDO set-aside funds. The City Manager explained that in connection with the Northwest Neighborhood Environmental Organization's project, total costs are estimated to be in the amount of $183,650.00 to be used for purchase and rehabilitation of houses located at 813, 814 and 815 Gilmer Avenue, N. W., which will be sold to low or moderate income home buyers; that said funds are expected to be leveraged by $50,000.00, of which $5,000.00 will be provided by NNEO and $45,000.00 will be provided with bank financing; that NNEO has requested $133,650.00 from the City to provide the balance of rehabilitation costs, audit, architectural and legal fees, with Community Housing Development Organization operating expenses to NNEO to provide administration of the project; that $48,422.00 in 1992 HOME funds will be provided to NNEO by contract at this time; and NNEO will receive up to $85,228.00 in additional 1993 HOME funds to complete the project when the funds become available. 229 ACTION: The City Manager recommended that he be authorized to execute a grant agreement with the Northwest Neighborhood Environmental Organization for purchase and rehabilitation of three houses located at 813, 814 and 815 Gilmer Avenue, N. W., such agreement to be in a form acceptable to the City Attorney and further authorized the transfer of $48,422.00 of HOME funds as follows: $12,500.00 from 1992 HOME Account No. 035-052-5300-5237 $34,180.00 from 1992 HOME Account No. 035-052-5300-5238 $ 1,742.00 from 1992 HOME Account No. 035-052-5300-5240 to 1992 HOME Account No. 035-052-5300-5242 (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#32008-052394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, 123.) Mrs. Bowles moved the adoption of Ordinance No. 32008-052394. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Harvey was absent.) Mrs. Bowles offered the following resolution: (#32009-052394) A RESOLUTION authorizing the City Manager to execute a grant agreement with the Northwest Neighborhood Environmental Organization (NNEO), to provide funding for the rehabilitation of three houses at 813 Gilmer Avenue, N. W., 814 Gilmer Avenue, N. W., and 815 Gilmer Avenue, N. W., upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 56, 124.) 230 ACTION: Mrs. Bowles moved the adoption of Resolution No. 32009-052394. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Harvey was absent.) DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS- COMMUNICATIONS DEPARTMENT-MUNICIPAL AUDITOR-TELEPHONE COMPANIES-CONSULTANTS REPORTS: The City Manager submitted a written report advising that the City of Roanoke has aggressively pursued the reduction of communications costs, with one component being the cost of the City's local telephone service; that City staff has researched a new industry which includes companies that specialize, through in-depth study of pricing structures, in the auditing of telephone bills, with the goal of determining past overcharges which could be recouped from the telephone service provider; that a Request for Proposal for Professional Services (auditing) was promulgated and advertised in the local newspaper; and interviews were held with the offerors of four proposals received by the City. It was further advised that the offerors were ranked by an interview panel; that proposals were evaluated on the basis of the approach that would be used in auditing the City's telephone bills; that The Bottom Line, a single owner, Roanoke City resident firm, was the company judged to be most sound in its approach; that performance of The Bottom Line in a previous audit was considered to be outstanding by the City of Salem, as verified by a reference check; that price negotiations were entered into with The Bottom Line, and an agreement was reached as follows: The Bottom Line will audit any previous bills available and identify billing errors; The Bottom Line will negotiate with the telephone company for rebates; the City of Roanoke will pay 50 per cent of the rebates received to The Bottom Line; and the term of the contract will be for one year. 231 ACTION: It was explained that inasmuch as the total of billing errors is unknown, the dollar amount to be paid cannot be determined; however, 50 per cent of the rebates of past billing errors was the most attractive arrangement the City encountered in canvassing several firms that conduct similar services; and some firms require 50 per cent of the savings from past errors, as well as a portion of future savings which result from correction of rates. The City Manager recommended that he be authorized to enter into an agreement with The Bottom Line for auditing of City telephone services, and authorize the Director of Finance, with approval of the Municipal Auditor, to approve payment on a monthly basis of 50 per cent of any rebates received. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#32010-052394) A RESOLUTION authorizing the execution of an agreement for auditing of City telephone service. (For full text of Resolution, see Resolution Book No. 56, 125.) Mr. White moved the adoption of Resolution No. 32010-052394. The motion was seconded by Mr. McCadden. Mr. McCadden inquired as to the primary reason(s) for discrepancies in the City's telephone bill and the need for a telephone audit; whereupon, the Director of Finance advised that The Bottom Line will review the City's rate structure to ensure that applicable rates are charged based on the City's telephone service, and if the rate(s) have been applied inappropriately, the City will share with the audit entity one-half of any rebate on over billing. Questions were raised in connection with the estimate that was quoted to the City by The Bottom Line in recovered costs, how recovered costs, if any, will be used, and the mechanism for reporting recovered costs to Council; whereupon, the City Manager advised that he would be pleased to provide Council with a briefing on the complexity of the telephone rate structure in connection with operating an organization the size of the City of Roanoke, and especially in connection with the complexity of the City's Centrex telephone system. He 232 stated that if billing errors are found, the errors represent money that is now in the hands of the telephone company that would be returned to the City of Roanoke. Mr. John H. Parrott, Council Member-elect, expressed concern as to who would be responsible for legal fees in the event that the telephone company refused to make reimbursement to the City. Ms. Catherine Caddy, 2510 Longview Avenue, S. W., representing The Bottom Line, called attention to many unknowns, advising that it would be difficult to assess the situation until the audit is completed. She advised that she recently completed an audit for the City of Salem and recovered approximately $5,000.00 in overcharges since 1982. She pointed out that the fact that the City has occupied many of its building since before 1984 makes the City of Roanoke a prime candidate for slmple mistakes by the telephone company which were not intentional mistakes given the volume of telephone company customers. She advised that a division of Consumer Reports, Consumer Check Book, reported that 87 per cent of telephone bills are incorrect, and a study by the House Ways and Means Committee revealed that utilities over billed $19 million in energy and telephone charges in incorrect taxes alone, which does not take into consideration telephone rates or long distance charges. Ordinance No. 32010-052394 was adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Harvey was absent.) BUDGET-POLICE DEPARTMENT-FIRE DEPARTMENT-PUBLIC WORKS-COMMUNICATIONS DEPARTMENT-CMERP-EMERGENCY MEDICAL SERVICES-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need for replacement of communications recording equipment at individual dispatcher positions; that currently, the ability to instantly play back 9-1-1 calls from citizens exists only at five positions and for only 9-1-1 telephone lines; and the needed capability is for play back from all positions, and to include play back of radio channels, i.e., to clarify a police officer's request for backup. 333 ACTION: The City Manager further advised that three bids were received after proper advertisement on April 20, 1994, and evaluated by a bid committee; whereupon, he recommended that Council approve the following actions: accept the bid of Lanier Worldwide, Inc., for one complete installed 16 station digital instantaneous replay recorder, for a total cost of $32,129.35; authorize the purchase of ten recorder heads for existing 60 channel continuous logging recorder, which are sole source items, to Dictaphone Corporation, for a total cost of $18,920.70; appropriate $51,051.00 from Capital Maintenance and Equipment Replacement Account, to Communications Capital outlay, Account No. 001-050-4130-9015; and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#32011-052394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, 126.) Mrs. Bowles moved the adoption of Ordinance No. 32011-052394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Harvey was absent.) Mrs. Bowles offered the following resolution: 334 ACTION: (#32012-052394) A RESOLUTION accepting a bid for installation of certain recording equipment and authorizing the purchase of other related equipment, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 56, 127. ) Mrs. Bowles moved the adoption of Resolution No. 32012-052394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Harvey was absent.) BUDGET-iNSURANCE-HOSPITALS-CMERP-TRANSPORTATION SAFETY-EMERGENCY MEDiCAL SERVICES-FLEETMAINTENANCE FUND: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need for an ambulance to be used in Emergency Medical Services for pre-hospital care patient transportation; and bids were received and opened in the Office of General Services on March 31, 1994. The City Manager recommended that Council approve the following actions: accept the lowest responsible bid submitted by Aero Products Corporation for one new ambulance, for the negotiated amount of $48,396.00; appropriate $48,396.00 from Capital Maintenance and Equipment Replacement Program to Emergency Medical Services, Account No. 001-050-3521-9015; authorize title of the abovedescribed ambulance to be recorded in the name of Roanoke Emergency Medical Services, Inc.; and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mr. Musser offered the following emergency budget ordinance: 335 ACTION: ACTION: ACTION: (#32013-052394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, 128.) Mr. Musser moved the adoption of Ordinance No. 32013-052394. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ........................................ 0. (Council Member Harvey was absent.) Mr. Musser offered the following resolution: (#32014-052394) A RESOLUTION accepting a bid made to the City for furnishing and delivering one new ambulance for use by Roanoke Emergency Medical Services, Inc.; and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 56, 129.) Mr. Musser moved the adoption of Resolution No. 32014-052394. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Harvey was absent.) DIRECTOR OF FINANCE: AUDITS/FINANCIAL REPORTS: submitted the financial report for the month of April 1994. The Director of Finance for the City of Roanoke (For full text, see financial report on file in the City Clerk's Office.) Mr. White moved that the financial report be received and filed. The motion was seconded by Mr. McCadden and adopted. 336 ACTION: REPORTS OF COMMITTEES: BUDGET-BRIDGES-NORFOLK SOUTHERN CORPORATION- UTILITIES-STREETS AND ALLEYS: Council Member William White, Sr., Chairperson of a committee appointed by the Mayor to tabulate bids received for repairs to Jefferson Street Bridge over Norfolk Southern Railway, presented a written report on behalf of the Committee recommending that Council approve the following actions: authorize the City Manager to enter into a lump sum contract with Lanford Brothers Co., Inc., in the amount of $127,071.00 and 90 consecutive calendar days for completion of the work, authorize payment of $21,219.00 to Norfolk Southern Corporation for watchman and flagging protection, and authorize a project contingency of $12,700.00; appropriate $160,990.00 to a new account to be established by the Director of Finance in the Capital Projects Fund. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#32015-052394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, 130.) Mr. White moved the adoption of Ordinance No. 32015- 052394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Harvey was absent.) Mr. White offered the following emergency ordinance: 337 ACTION: (#32016-052394) AN ORDINANCE accepting the bid of Lanford Brothers Company, Incorporated, for repairs to Jefferson Street Bridge over the tracks of the Norfolk & Western Railway, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; authorizing the proper City officials to execute a Railway Force Account Letter Agreement with Norfolk Southern Corporation; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, 131.) Mr. White moved the adoption of Ordinance No. 32016- 052394. The motion was seconded by Mr. Russet and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Harvey was absent.) YOUTH-YOUTH CORRECTIONAL FACILITIES-EQUIPMENT: Council Member William White, Sr., Chairperson of a committee appointed by the Mayor to tabulate bids received for installation of two heat pumps and related work at Youth Haven I, 1301 Third Street, S. W., presented a written report on behalf of the Committee recommending that Council approve the following actions: authorize the City Manager to enter into a lump sum contract with A. Frank Woods and Sons, Inc., in the amount of $19,915.00 and 30 consecutive calendar days for completion of the work; authorize the Director of Finance to encumber the following funding in Account No. 001-052- 4330-3057: Contract Amount Contingency and additional work to be performed by Building Maintenance Total $19,915.00 2~585.00 $22,500.00 338 ACTION: The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: (#32017-052394) AN ORDINANCE accepting the bid of A. Frank Woods and Sons, Inc., to provide and install heat pumps at Youth Haven I, upon certain terms and conditions; awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, 132.) Mr. White moved the adoption of Ordinance No. 32017- 052394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members McCadden, Musser, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Harvey was absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION RESOLUTIONS: None. OF ORDINANCES AND MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: CITY NURSING HOME-AUDITS/FINANCIAL REPORTS: Mr. Edwards inquired as to the number of private patients housed at the City Nursing Home, and called attention to a difference in private patient care fees of $162,000.00 in 1994 compared to $134,000.00 in 1993; whereupon, the Director of Finance advised that he would provide Mr. Edwards with the requested information. He explained that private patient fees are paid when residents who are placed in the Nursing Home have assets that exceed the eligibility criteria for Medicaid, and the City establishes a specific private rate on an annual basis 239 ACTION: following preparation of a Medicaid cost report which allows the City to be competitive with private nursing homes in the Roanoke Valley. OTHER HEARINGS OF CITIZENS: None. At this point, 3:35 p.m., Mr. Musser left the meeting. At 3:35 p.m., the Mayor declared the meeting in recess. At 4:15 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Members Harvey and Musser. COUNCIL: With respect to the Executive Session just concluded, Mr. Edwards moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, White, Bowles, Edwards and Mayor Bowers ............................... 5. NAYS: None ....................................... 0. (Council Members Harvey and Musser were absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that there is a vacancy on the Roanoke Arts Commission, created by the resignation of Fletcher Nichols, for a term ending June 30, 1996, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Michael Brennan. There being no further nominations, Mr. Brennan was elected as a member of the Roanoke Arts Commission to fill the unexpired term of Fletcher Nichols, resigned, ending June 30, 1996, by the following vote: 240 ACTION: There being no further meeting adjourned at 4:20 p.m. FOR MR. BRENNAN: Council Members McCadden, White, Bowles, Edwards and Mayor Bowers ...................... 5. (Council Members Harvey and Musser were absent.) business, the Mayor declared the ~~ ~'ATTEST: ~ Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 241 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL June 6, 1994 2:00 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, June 6, 1994, at 2:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reqular Meetings~ of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members James G. Harvey, II, Delvis O. McCadden, William White, Sr., Elizabeth T. Bowles, John S. Edwards and Mayor David A. Bowers ........................................ 6. ABSENT: Council Member Howard E. Musser .................... 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Jesse A. Hall, Deputy Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend Richard L. Elmore, Pastor, Cave Spring Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. BID OPENINGS MUNICIPAL BUILDING: Pursuant to notice of advertisement for bids for a new podium roof membrane for the Municipal Building, 215 Church Avenue, S. W., said bids to be received by the City Clerk until 1:30 p.m., on Monday, June 6, 1994, and to be held, opened and read before the Council at 2:00 p.m., on that date, or as soon thereafter as the matter may be heard, the Mayor asked if anyone had any questions about the advertisement for bids, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the one bid received from Consolidated Industrial Roofing, Inc., in the amount of $27,600.00. (For full text, see bid on file in the City Clerk's Office.) 242 ACTION: ACTION: ACTION: ACTION: Mr. Harvey moved that the bid be referred to a committee to be appointed by the Mayor for study, report and recommendation to Council. The motion was seconded by Mrs. Bowles and adopted. The Mayor appointed William White, Sr., Chairperson, William F. Clark and George C. Snead, Jr., as members of the committee. COMMONWEALTH OF VIRGINIA BUILDING: Pursuant to notice of advertisement for bids to replace wooden windows with aluminum windows at the Com~nonwealth Building, 210 Church Avenue, S. W., said bids to be received by the City Clerk until 1:30 p.m., on Monday, June 6, 1994, and to be held, opened and read before the Council at 2:00 p.m., on that date, or as soon thereafter as the matter may be heard, the Mayor asked if anyone had any questions about the advertisement for bids, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: BIDDER BASE BID American Door and Glass of Southwest Virginia JEFCO, Inc. Williams Painting and Remodeling, Inc. $107,641.00 121,095.00 150,744.00 (For full text, see bids on file in the City Clerk's Office.) Mr. Harvey moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recommendation to Council. The motion was seconded by Mrs. Bowles and adopted. The Mayor appointed William White, Sr., Chairperson, William F. Clark and George C. Snead, Jr., as members of the committee. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for Executive Sessions 243 ACTION: ACTION: to discuss a matter regarding disposition of publicly held property, specifically lease of a public building, and to discuss specific legal matters requiring the provision of legal advice by counsel, specifically the terms and conditions of a lease agreement; and to discuss vacancies on various authorities, boards, commissions and committees appointed by Council. MINUTES: Minutes of the regular meetings of Council held on Monday, March 7, 1994, Monday, March 14, 1994, Monday, March 21, 1994, and Monday, March 28, 1994, were before the body. (For full text, see minutes on file in the City Clerk's Office.) Mrs. Bowles moved that the reading of the minutes be dispensed with and that the minutes be approved as recorded. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... O. (Council Member Musser was absent.) OATHS OF OFFICE-COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. McCadden and adopted by the following vote: 244 ACTION: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) PURCHASE/SALE OF PROPERTY-COUNCIL: A report of the City Manager requesting that Council meet in Executive Session to discuss a matter with regard to disposition of publicly held property, specifically the lease of a public building, and to discuss specific legal matters requiring the provision of legal advice by Counsel, being the terms and conditions of a lease agreement, pursuant to Sections 2.1-344 (A)(3) and 2.1-344(A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to disposition of publicly held property, specifically the lease of a public building and to discuss specific legal matters requiring the provision of legal advice by Counsel, being the terms and conditions of a lease agreement, pursuant to Section 2.1-344 (A)(3) and 2.1-344(A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) TAXES-ANNUAL REPORTS-CIRCUIT COURT: A communication from Mayor David A. Bowers transmitting a communication from the Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia, forwarding the Annual Report of the Board of Equalization for the taxable year July 1, 1994 through June 30, 1995, was before Council. It was advised that the Board of Equalization received 68 appeals, including 18 commercial and industrial appeals and 50 residential appeals. The Board of Equalization recommended the following: 245 ACTION: computer access; separate office space from the Office of Real Estate Valuation; and a room assignment no later than March 1, 1995, including a private room of appropriate size to meet with taxpayers. (For full text, see communications and Annual Report on file in the City Clerk's Office.) Mrs. Bowles moved that the communications and Annual Report be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) COMMITTEES-AMTRAK-CONSULTANTS REPORTS: A communication from Mayor David A. Bowers transmitting correspondence from Leo J. Bevon, Director, Department of Rail and Publlc Transportation of the Commonwealth of Virginia advising that the Department of Rail and Public Transportation will hire a consultant to conduct a study of the feasibility of implementing rail passenger service between Bristol and Washington, D. C., and between Bristol and Richmond, which is a significant step in the continuing efforts to bring AMTRAK and/or interstate rail passenger service to the Roanoke area, was before Council. The Mayor further advised that it has been requested that a representative of the City of Roanoke serve on the committee charged with the responsibility of selecting the consultant to conduct the abovedescribed study, who will be responsible for evaluating all proposals submitted, rating the proposals, participating in the interviews for the short-listed firms, and making a recommendation for selecting a firm. (For full text, see communications on file in the City Clerk's Office.) 246 ACTION: ACTION: Mrs. Bowles moved that the matter be referred to the City Manager for immediate response and appointment of a representative of the City of Roanoke. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) EMERGENCY SERVICES-GRANTS: A communication from Mayor David A. Bowers transmitting correspondence from the Federal Emergency Management Agency's Disaster Field Office in Richmond, Virginia, advising that the process has been partially completed regarding the City of Roanoke's Notice of Interest in applying for Federal disaster assistance; and the Disaster Survey Reports generated as a result of the application have been reviewed and those that were for eligible damage and for $1,000.00 or more have been entered into the FEMA payment system, was before Council. It was further advised that in order for the City to receive eligible funds through the Commonwealth of Virginia, it will be necessary for the City to address certain administrative requirements, which include designation of the Applicant's Agent and completion of formal application forms; that the Applicant's Agent is the person designated by City Council to administer the project and is authorized to sign official documents on behalf of the jurisdiction; and the City's project application cannot proceed beyond its present status and no funds can be distributed until such requirements are met. (For full text, see communications on file in the City Clerk's Office.) Mrs. Bowles moved that the matter be referred to the City Manager for appropriate action and/or response. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) 247 HOUSING/AUTHORITY-ENTERPRISE ZONE: A report of the City Manager with regard to recommendations of The Enterprise Foundation which were presented to Council last year and referred to the City Manager for study, report and recommendation, was before the body. The City Manager advised that funding for the Enterprise Foundation was provided by the City of Roanoke, the City of Salem, the County of Roanoke, the Roanoke Redevelopment and Housing Authority, the United Way and Total Action Against Poverty, and the focus of the study generally was to be the status of affordable housing in the Roanoke Valley as a whole. The City Manager submitted his comments and recommendations on each of the eight recommendations submitted by the Enterprise Foundation. (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 Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, I Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. ACTION: (Council Member Musser was absent.) OATHS OF OFFICE-COMMITTEES-YOUTH: A report of qualification of Marjorie S. Smithey as a member of the Youth Services Citizen Board, for a term ending May 31, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) 248 ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of Shirley M. Bethel as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 13, 1996, was before Councll. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: A report of qualification of Michael Brennan as a member of the Roanoke Arts Commission to fill the unexpired term of Fletcher Nichols, resigned, ending June 30, 1996, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) OATHS OF OFFICE-COMMITTEES-PENSIONS: A report of qualification of Bernice F. Jones for a term ending June 30, 1996, and F. Wiley Hubbell for a term ending June 30, 1998, as Trustees of the City of Roanoke Pension Plan Board of Trustees, was before Council. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) 249 ACTION: Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: COUNCIL-DISABLED PERSONS: The Director of Public Safety, George C. Snead, Jr., advised that in compliance with the Americans With Disabilities Act, hearing devices were recently purchased and made available for citizens attending City Council meetings which are designed to improve the audible clarity of Council meetings for hearing impaired citizens; whereupon, he called upon the Manager of Communications, Robert J. Agnor, for a briefing. Mr. Agnor advised that a system was procured approximately eight weeks ago at a cost of $1,300.00 which takes the output of the microphones before Council Members and rather than transmitting sound to speakers, the sound goes through a FM transmitter which enables individuals wearing the devices to hear the proceedings not only in the City Council Chamber, but in other locations throughout the Municipal Building. He stated that because the devices are worn directly inside the ear and because they have volume control, persons with hearing impairments are able to hear the proceedings of Council, and explained that listening devices may be checked out in the City Clerk's Office. Without objection by Council, the Mayor advised that the remarks would be received and filed. 25O ACTION: ITEMS RECOMMENDED FOR ACTION: BUDGET-WORKERS COMPENSATION-CITY EMPLOYEES: The City Manager submitted a written report advising that Workers' 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 the City is entirely self-insured for Workers' Compensation liability; that funding, in the amount of $700,000.00, has been budgeted for the current fiscal year to cover workers' compensation wage and medical payments; and these types of fringe benefits are budgeted in the non- departmental category inasmuch as annual charges for each department are difficult to accurately project. It was further advised that workers' compensation expenditures for fiscal year 1993-94 are projected to be $700,000.00, which information is based on actual expenditures through April 30, 1994, and projected expenditures for May and June 1994; and funding to cover fiscal year 1993-94 workers' compensation claims is adequate and needs to be allocated to departmental accounts from the non-departmental category. The City Manager recommended that Council authorize transfer of $700,000.00 to departmental workers' compensation accounts from the following sources: Account No. 001-004-9110-1135 (Workers' Compensation - Wages) Account No. 001-004-9110-1140 (Workers' Compensation - Medical) Total $350,000.00 356,000.00 $700,000.00 (For full text, Office.) Mr. White ordinance: see report on file in the City Clerk's offered the following emergency budget (#32018-060694) certain sections Appropriations, and providing for an emergency. AN ORDINANCE to amend and reordain of the 1993-94 General Fund (For full text of Ordinance, see Ordinance Book No. 56, page 133.) Mr. White moved the adoption of Ordinance No. 32018- 060694. The motion was seconded by Mr. McCadden and adopted by the following vote: 251 ACTION: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) BUDGET-HUMANDEVELOPMENT-FDETC-ENTERPRISE ZONE-FIRST UNION NATIONAL BANK-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that the City of Roanoke, the Fifth District Employment and Training Consortium and First Union National Bank of Virginia have entered into an agreement in connection with training incentive funds for jobs created or relocated by First Union in the City's Enterprise Zone for an 18 month period commencing April 1, 1993; that the City of Roanoke has identified funding for this effort and named the Consortium as the agency responsible for administration of training funds, which funds must be appropriated by Council; and Council approved the agreement at its regular meeting on Monday, March 14, 1994, pursuant to Resolution No. 31908-031494. The City Manager recommended that Council appropriate $500,000.00 to expenditure accounts to be established in the Fifth District Employment and Training Consortium fund for the training incentive agreement and increase the revenue estimate by $500,000.00. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#32019-060694) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 137.) Mrs. Bowles moved the adoption of Ordinance No. 32019-060694. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) 252 POLICE DEPARTMENT-PARKS AND RECREATION-DRUGS/ SUBSTANCE ABUSE-GRANTS-YOUTH-SCHOOLS: The City Manager submitted a written report advising that the Roanoke City Public schools applied for a $20,000.00 grant through the Office of the Governor for the Roanoke City DARE Camp which was held in April 1993; that the Governor awarded a modified State grant, in the amount of $20,960.00, to the Roanoke City Public Schools in May 1993; and the Roanoke City DARE Camp was successfully conducted during the summer of 1993 by the Roanoke City Police Department, with program expenses funded through Roanoke City Parks and Recreation Department accounts. It was further advised that the Virginia Grant Programs Manager has approved the recommendation of the Roanoke City Public Schools that the DARE Camp Grant funds and administration be conveyed to the City of Roanoke in order to simplify processing reimbursement of funds; and approval of Council is necessary to officially accept the DARE Camp Grant from the State and to appropriate funds for reimbursement of related expenses. The City Manager recommended that Council concur in the following actions: accept the DARE Camp Grant from the State and appropriate $20,960.00 to Youth Activities within the Parks and Recreation Department General Fund budget (Account No. 001-052-7110- 2157); increase the revenue estimate in General Fund Revenue Account No. 001-020-1234-0689, in the amount of $20,960.00; and authorize the City Manager, or his designee, to execute the necessary documents with regard to the grant. (For full text, see report on file in the City Clerk's Office.) Mr. Harvey offered the following emergency budget ordinance: (#32020-060694) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 138.) 253 ACTION: ACTION: Mr. Harvey moved the adoption of Ordinance No. 32020-060694. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... O. (Council Member Musser was absent.) Mr. Harvey offered the following resolution: (#32021-060694) A RESOLUTION authorizing the acceptance of a Drug Abuse Resistance Education Grant made to the City of Roanoke by the Commonwealth of Virginia and authorizing the acceptance, execution and filing of all appropriate documents to obtain such grant. (For full text of Resolution, see Resolution Book No. 56, page 139.) Mr. Harvey moved the adoption of Resolution No. 32021-060694. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) TAXES-NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY- PLANNING-GRANTS-ENTERPRISE ZONE-ECONOMIC DEVELOPMENT: The City Manager introduced the following members of the Urban Empowerment Zone and Enterprise Communities Program, and called upon the Chief of Community Planning, John R. Marlles, for a briefing in connection with the Program. Jamie Booker, President of Council of the Roanoke Housing Authority Martin D. Jeffrey Against Poverty the Joint Resident Redevelopment and representing Total John M. Stroud, Executive Director, Regional Chamber of Commerce Action Roanoke 254 Lawrence M. Taylor, Neighborhood Partnership Chair, Roanoke John R. Marlles, Chief of Community Planning Mr. Marlles reviewed a report advising that the Urban Empowerment Zone and Enterprise Communities Program was announced in January 1994, and is a central element of the Federal Government's community revitalization agenda; and communities selected for Enterprise Communities designation will receive the following benefits: Approximately $3 million in Empowerment Zone/ Enterprise Community Social Service Block Grant funds (passed through the State) to assist in implementation of approved activities identified in the community's strategic plan. Eligibility for new Tax Exempt Facility Bonds intended to serve as a tax incentive to finance purchase of business property and land within the nominated area. Special consideration in competition for funding under numerous Federal programs. In many cases, special points, set-asides, or other opportunities for special consideration will be provided to designated communities. Special attention from the Federal Government on working cooperatively to overcome regulatory impediments, to permit flexible use of existing Federal funds, and to meet essential mandates. Automatic designation of the entire Enterprise Community area as a State Enterprise Zone which offers State tax incentives to qualified business firms which locate or expand within the area, including State income tax credits, unemployment credits, credits against State franchise tax on net capital, and State sales tax refunds. It was further advised that Program requirements stipulate that interested communities must prepare a strategic plan for the nominated area that includes the following: (1) an overall vision for revitalization; (2) identifies how critical concerns will be addressed in a comprehensive and coordinated fashion; (3) describes how 255 governmental, non-profit and private resources will be used to implement the plan; and (4) describes how the plan will be implemented and evaluated; and the framework of the Program is e~odied in the following four key principles which are the basis for the selection criteria and must be addressed thoroughly in the strategic plan: Economic Opportunity - creating jobs within the community and throughout the region, expanding residents' access to jobs outside the designated area, attracting private investment and promoting self-sufficiency of area residents; Sustainable Conununity Development balancing economic revitalization and community growth with environmental protection, as well as making neighborhoods safer and more livable through sound urban design; Community-Based Partnerships - involving the participation of all segments of the community including the political and governmental leadership, community groups, health and social service groups, environmental groups, religious organizations, the private and non- profit sectors, centers of learning, and other community institutions; and Strateqic Vision For Change - the vision should identify what the community will become in the future, build on assets and coordinate a response to community needs in a comprehensive fashion, set goals and performance benchmarks for measuring progress, and establish a framework for evaluating and adjusting the plan, as needed. It was pointed out that on Monday, March 14, 1994, Council authorized the City Manager to submit a Notice of Intent to Participate in the Program to the United States Department of Housing and Urban Development and to negotiate an agreement with a professional service firm to coordinate the citizen participation process and assist with development of the strategic plan; and on Monday, April 4, 1994, Council further authorized the City Manager to execute an agreement with K. W. Poore and Associates, Inc., to provide required professional services. 256 Mr. Marlles explained that the Roanoke Enterprise Community Strategic Plan was guided by a steering committee representing public housing, neighborhoods, private and non-profit sectors, and local government; that the work of developing the vision, objectives, strategies and implementation program of the strategic plan was done by an Advisory Task Force consisting of the following seven subcommittees: (1) economic development; (2) social/ human services; (3) transportation; (4) housing; (5) sustainable community development and the environment; (6) public safety and drug abuse prevention; and (7) education; and the area nominated for designation includes all or portions of the Gainsboro, Gilmer, Loudon-Melrose, Melrose-Rugby, Hurt Park, Mountain View, Old Southwest and southeast neighborhoods. It was advised that the Strategic Plan and application must be submitted to the U.S. Department of Housing and Urban Development by June 30, 1994; that inasmuch as the Commonwealth of Virginia must endorse the City's application, if Council approves the Plan, the application package must be submitted to State offices on Tuesday, June 7, 1994; and HUD has mandated that starting next Federal fiscal year, all entitlement communities will be required to undertake a similar planning process. The City Manager recommended that he be authorized to submit the City's Nomination for Federal Empowerment Zone and Enterprise Community Designation, which is a ten year strategic plan, with certain recommendations and ultimate implementation to be commensurate with both the growth in local resources and receipt of Federal and State funds, including $3 million in incentive funds. (For full text, see report on file in the City Clerk's Office.) A communication from Malcolm S. McDonald, President and Chief Operations Officer, Signet Banking Corporation, advising that Signet Banking Corporation supports the application of the City of Roanoke for Enterprise Zone designation; and the long standing commitment of Roanoke to its neighborhoods is rare among similarly sized cities and its success in integrating public, private and community resources serves as a model for other localities. In summary, he pointed out that the City has chosen a long term strategy which uses all available partners and acknowledges that long term revitalization is founded in improving the quality of life for all persons and Signet considers the City to be a valuable 257 redevelopment ally and hopes that the Enterprise Zone Program wlll provide the next critical step in Roanoke's vision of safe, productive and vital lives for all of its citizens. (For full text, see communication on file in the City Clerk's Office.) William E. Skeen, representing Total Action Against Poverty read a communication from E. Cabell Brand, Chair, Total Action Against Poverty, advising that the Empowerment Zone/Enterprise Community Program presents the City with an exciting opportunity, not only to compete for significant dollars, but to develop a sound plan with citizen participation for the renewal and empowerment of the center core of the City. He further advised that whether or not the City is successful in the competition, it is important that the City go forward with the Enterprise Community Strategic Plan as outlined which will provide a process to enable constant update and revision as a means of tackling problems that inner cities face and to maximize the great potential of citizens, neighborhoods and businesses. To that end, he noted that TAP has received a Federal grant, in the amount of $10,000.00, for which it will find a dollar for dollar match to contribute as start up resources for the development of the Enterprise Community/Community Development Corporation described on page 62 of the Plan as the implementing arm of the project. (For full text, see communication on file in the City Clerk's Office.) John M. Stroud, President, Roanoke Regional Chamber of Commerce, and a member of the Enterprise Communities Steering Committee, advised that the Urban Empowerment Zone and Enterprise Communities Program is a true grass roots, neighborhood, individual effort, and requested that the Plan be included in the City's vision and goals and that it be used daily to meet the needs of the citizens of the area to help them become self-sufficient. Jamie Booker, Resident, Lansdowne Public Housing Project and a member of the Urban Empowerment Zone and Enterprise Communities Program Steering Committee, and H. Joel Kelly, 3356 Hershberger Road, N. W., Apartment 33, appeared before Council in support of the Plan. Mr. White offered the following resolution: 258 ACTION: (#32022-060694) A RESOLUTION authorizing the City Manager to submit the application for nomination for Federal Empowerment Zone and Enterprise Community Designation and to execute any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 56, page 140.) Mr. White moved the adoption of Resolution No. 32022-060694. The motion was seconded by Mr. McCadden ~nd adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) At 2:55 p.m., the Mayor declared recess. the meeting in At 3:05 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Musser. BUSES-GRANTS-TRANSPORTATION SAFETY: The City Manager submitted a written report transmitting copy of a report from Stephen A. Mancuso, General Manager, Valley Metro, with regard to Trl-Cities Area Metropolitan Planning Organization Transportation Management Area designation impact on Greater Roanoke Transit Company funding. Mr. Mancuso advised that Federal operation assistance provided to GRTC and to other transit systems within each State in areas between 50,000 and 200,000 in population has always been subject to the Governor's Allocation in lieu of Federal Formula Apportionments; that technical amendment to the Federal Transit Act which was contained in the Federal Fiscal Year 1993 Appropriations Bill provided small urbanized areas with the means by which they could circumvent the Governor's Allocation, and thereby receive the amount of Federal operating assistance apportioned by formula regardless of need and without any requirement that funds be spent on transit; and accomplishing the latter required only that 259 the small urbanized area be designated as a Transportation Management Area (TMA), with such designation being achieved upon approval by the urbanized area's Metropolitan Planning Organization and the concurrence of the Governor. Mr. Mancuso explained that in the fall of 1992, the Tri-Cittes Area Metropolitan Planning Organization (TCAMPO) expressed an interest in having the Petersburg, Virginia, area designated as a TMA; that realizing that such designation would adversely impact Federal operating assistance received by other transit system~ in small urbanized areas, management sent a letter,of concern to then Secretary of Transportation, John G. Milliken, who responded that the matter would be given "full consideration when and if a small urbanized area requests designation as a TMA"; that the Virginia Association of Public Transit Officials (VAPTO) also considered the issue of a small urbanized area being designated as a TMA and formally adopted a resolution in opposition to any such designation; that former Governor L. Douglas Wilder took action which has since resulted in the Petersburg area being designated as a TMA; and GRTC management, the Virginia Association of Public Transit Officials and the Virginia Department of Rail and Public Transportation (VDRPT) were unaware that any such action was being considered. The Manager of Valley Metro explained that action by the City is needed if Greater Roanoke Transit Company is to have a chance of avoiding a loss of $85,739.00 in Federal operating assistance. The City Manager concurred in a recommendation of the Greater Roanoke Transit Company Board of Directors that the Roanoke City Council adopt a resolution requesting that the Governor take appropriate action to either reverse the designation of Petersburg as a Transportation Management Area, or to protect the affected transit systems from a loss in operating assistance by providing an additional amount of state operating assistance equal to the loss in Federal operating assistance. (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowles offered the following resolution: 260 ACTION: (#32023-060694) A RESOLUTION requesting the Governor of the Commonwealth of Virginia to take appropriate action to either reverse the designation of the Tri-Cittes Area Metropolitan Planning Organization ("MPO") as a Transportation Management Area ("TMA") or to provide additional state operating assistance equal to the amount lost in Federal operating assistance to other localities as a result of the Tri-Cities Area MPO designation as a TMA. (For full text of Resolution, see Resolution Book No. 56, page 141.) Mrs. Bowles moved the adoption of Resolution No. 32023-060694. The motion was seconded by Mr. Barvey and adopted by the following vote: AYES: Council Members Barvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (council Member Musser was absent.) GENERAL SERVICES-BUDGET-REFUSE COLLECTION-PUBLIC WORKS-CMERP-FLEET MAINTENANCE FUND-EQUIPMENT-RECYCLING: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need for a vehicle to be used in the City's recycling program in the Solid Waste Management Department; whereupon, the City Manager recommended that Council concur in the following actions: accept the bid meeting specifications of Mid- State Equipment Co., Inc., for one new recyclables hauler, for a total cost, including performance bond, of $79,502.25; authorize funding for the purchase one mobile radio to be used for the above recommended vehicle, at a cost of $940.00; and appropriate $80,443.00 from the Capital Maintenance and Equipment Replacement Program to the Fleet Management Fund, Account No. 017- 052-2642-9010. (For full text, see report on file in the City Clerk's Office.) 261 ACTION: ACTION: Mr. Edwards offered the following emergency budget ordinance: (#32024-060694) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital and Fleet Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 142.) Mr. Edwards moved the adoption of Ordinance No. 32024-060694. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles and Edwards ..................................... 5. NAYS: None ....................................... 0. (Council Member Musser was absent.) (Mayor Bowers abstained from voting.) Mr. Edwards offered the following resolution: (#32025-060694) A RESOLUTION accepting the lowest responsible bid made to the City for furnishing and delivering one recyclables hauler, authorizing the funding for the purchase of one mobile radio to be used for the recyclables hauler, and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 56, page 144.) Mr. Edwards moved the adoption of Resolution No. 32025-060694. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles and Edwards ..................................... 5. NAYS: None ....................................... 0. (Council Member Musser was absent.) (Mayor Bowers abstained from voting.) BUDGET-CITY EMPLOYEES: The City Manager and the Director of Finance submitted a joint written report advising that personnel lapse is generated due to employee turnover and vacancies in City departments; and for the current fiscal year, salary savings of $725,000.00 are projected as a result of said vacancies. 262 ACTION: It was further advised that in order to provide timely information to Council and to increase administrative efficiency, the status of lapse was reported quarterly to Council for the first two quarters as a Consent Agenda item; that the quarterly report presently before Council provides a budget ordinance that encompasses all quarters, eliminates the budgeted lapse amount and adjusts affected departmental operating budgets; that the first quarter net personnel lapse generated was $269,159.00, the second quarter net personnel lapse generated was $211,643.00, and the third quarter actual and the fourth quarter estimated personnel lapse generated is $244,198.00, and personnel lapse generated is in excess of the estimated savings of $725,000.00, with additional savings of $68,000.00 to be transferred to the following departments to fund operating needs: Emergency Medical Services $35,000.00 will be transferred to temporary employee wages to cover shortages in the account due to declining volunteer participation; and Street Lighting - $33,000.00 will be transferred to the electric account to cover shortages in the account due to a rate increase which took place after the budget was adopted. The City Manager and the Director of Finance recommended that Council authorize the transfer of funding from departmental accounts to Personnel Lapse, Account No. 001-002-9410-1090, as set forth on Attachment A to the report. (For full text, see report on file in the City Clerk's Office.) Mr. Harvey offered the following emergency budget ordinance: (#32026-060694) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 145.) Mr. Harvey moved the adoption of Ordinance No. 32026-060694. The motion was seconded by Mrs. Bowles and adopted by the following vote: 263 AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) REPORTS OF COMMITTEES: BUDGET-COMMITTEES-SALVATION ARMY-CITIZENS SERVICES COMMITTEE: Glenn D. Radcliffe, Chairperson of the Citizens Services Committee, presented a written report on behalf of the Committee with regard to recommendations for funding of qualified agencies for fiscal year 1994- 95. It was advised that requests from 32 agencies were received, in the total amount of $598,994.00; that the budget for fiscal year 1994-95 approved by Council for the Citizens Services Committee provides for allocation of $288,075.00; and the Committee requests that $8,000.00 be designated in its budget to cover monitoring expenses. The Citizens Services Committee recommended that Bethany Hall receive payment of $20.00 per day for Roanoke City residents up to a maximum of $5,200.00; that The Salvation Army be allocated $22,700.00 and execute a contract for the provision of services to City residents under the Homeless Housing Program and/or Abused Women's Shelter; that Unified Human Transportation Systems, Inc., be allocated $22,000.00 through Valley Metro in order that Valley Metro may receive credit for providing transportation to the disabled; and that $1,800.00 be allocated to the Inner City Athletic Association through CORD. The Citizens Services Committee further recommended that Council concur in the funding of agencies in amounts indicated on a schedule attached to the report; that Council authorize the Chairperson of the Citizens Services Committee and the Director of Human Development to not authorize payment of funds to any agency until objectives, activities, and other reasonable requests of monitoring staff are submitted and accepted; that the Director of Finance be authorized to transfer $288,075.00 from the Citizens Services Committee, Account No. 001- 054-5220-3700, to new line items to be established within the budget of the Citizens Services Committee; and that 264 ACTION: the City Manager, or his designee, be authorized to negotiate a contract, in the amount of $22,700.00, with The Salvation Army for provision of services to citizens of the City under the Homeless Housing Program and/or Abused Women's Shelter. (For full text, Office.) Mr. White ordinance: see report on file in the City Clerk's offered the following emergency budget (#32027-060694) AN ORDIN~-NCE to amend and reordain certain sections of the 1994-95 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 150.) Mr. White moved the adoption of Ordinance No. 32027- 060694. The motion was seconded by Mr. Edwards. Mr. White expressed the opinion that all human service agencies that receive funding through the City should be included in the Citizens Services Committee funding pool and referred to at least one human service agency that receives funding from the City as a direct line item in the budget. He requested that the City Manager and the Citizens Services Committee study the matter of placing all human service agencies in this funding pool and that Council be provided with a report prior to or during 1995-96 budget study as to the City Manager's recommendation(s). The Mayor spoke in commendation of the work performed by the Citizens Services Committee, advising that it bears pointing out that the City of Roanoke provides approximately $229,000.00 to human service agencies compared to approximately one-half of that amount by other neighboring Roanoke Valley jurisdictions, and for that reason, he advised that he intended to vote against the measures appropriating funds. Ordinance No. 32027-060694 was adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles and Edwards ..................................... 5. NAYS: Mayor Bowers ............................... 1. (Council Member Musser was absent.) 265 ACTION: Mr. White offered the following resolution: (#32028-060694) A RESOLUTION concurring in the recommendations of the Citizens Services Committee for allocation of City funds to various nonprofit agencies. (For full text of Resolution, see Resolution Book No. 56, page 152.) Mr. White moved the adoption of 32028-060694. The motion was seconded and adopted by the following vote: Resolution No. by Mr. McCadden AYES: Council Members Harvey, McCadden, White, Bowles and Edwards ..................................... 5. NAYS: Mayor Bowers ............................... 1. (Council Member Musser was absent.) At 3:30 p.m., the Mayor declared the meeting in recess. At 3:40 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Musser. PURCHASE/SALE OF PROPERTY-EASEMENTS-CITY MARKET- BRIDGES-CITY PROPERTY-HOUSING/AUTHORITY-HOTEL ROANOKE CONFERENCE CENTER-DOMINION TOWER-WATERRESOURCES-VIRGINIA TECH: Council Member Elizabeth T. Bowles, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to acceptance of the dedication of certain areas for public right-of-way, as well as adjoining construction easements, in connection with the Pedestrian Bridge Project to connect the Hotel Roanoke Conference Center with the City Market area, from H. R. Foundation, Inc. A staff report advised that H. R. Foundation, Inc., owns the property upon which The Hotel Roanoke is located, and the City of Roanoke Redevelopment and Housing Authority owns the property upon which the Conference Center is located; that property acquisition for the Pedestrian Bridge Project is being handled by the City and the Virginia Department of Transportation (VDOT) on a fast-track basis in an effort to have the bridge open by the spring of 1995; that the Pedestrian Bridge will require the dedication of public right-of-way and temporary construction easement on the northern end of the bridge; and two deeds will be prepared which will 266 ACTION: allow: (1) a portion of the property owned by H. R. Foundation, Inc., to be dedicated to the City for public right-of-way and an adjoining temporary construction easement, and (2) a portion of the property owned by the City of Roanoke Redevelopment and Housing Authority to be dedicated to the City for public right-of-way and an adjoining temporary construction easement as needed for the Pedestrian Bridge Project. The Water Resources Committee reco~unended that Council accept the dedication of (1) a 8,483 square foot area for public right-of-way and an adjoining 10,318 square foot temporary construction easement from H. R. Foundation, Inc., and (2) a 918 square foot area for public right-of-way and an adjoining 941 square foot temporary construction easement from the City of Roanoke Redevelopment and Housing Authority for use in the Pedestrian Bridge Project. (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowles offered the following ordinance: emergency (#32029-060694) AN ORDINANCE authorizing the acceptance of the dedication of (1) a 8,483 square foot area for public right-of-way and an adjoining 10,318 square foot temporary construction easement from H. R. Foundation, Inc., and a 918 square foot area for public right-of-way and an adjoining 941 square foot temporary construction easement from the City of Roanoke Redevelopment and Housing Authority for use in the Pedestrian Bridge Project, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 153.) Mrs. Bowles moved the adoption of Ordinance No. 32029-060694. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) 267 ACTION: PURCHASE/SALE OF PROPERTY-SEWERS AND STORM DRAINS- EASEMENTS-CITY PROPERTY-WATER RESOURCES-STREETS AND ALLEYS: Council Member Elizabeth T. Bowles, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to abandonment of sanitary sewer easements in connection with the Peters Creek Sewer Replacement Project PC-1. A staff report advised that new sanitary sewer easements are required for construction of a sanitary sewer inflow/infiltration reduction project, making certain previous easements no longer necessary; that new easements have been donated by property owners with the understanding that easements for the old sewer line will be vacated when the sewer is abandoned; that easements to be vacated are shown on plats attached to the report; and property owners include Randel E. & Laura Jean Tate, Dick A. Cook, Calvin R. Bell, Jr., Woodmen of the World, and Brice and Mary Teresa Johnston. It was further advised that construction is complete, necessary new easements have been obtained, and the old sewer line has been abandoned; and vacation of existing sewer easements must be approved by Council, which include the following Official Tax Nos.: 6120434 - 6120438, 6120443, 6140714, 6160633, 6120418 - 6120429, 6120417X, and 6120430. The Water Resources Committee recommended that Council authorize abandonment of the old sewer line and vacation of easements which have been replaced by new easements acquired by the City in connection with the construction of Pc-l, Peters Creek Sewer Replacement Project. (For full Office.) Mrs. text, see reports on file in the City Clerk's Bowles moved that the following ordinance be placed upon its first reading: (#32030) AN ORDINANCE authorizing the vacation of a portion of sanitary sewer easements across properties identified by Roanoke City Tax Nos. 6120434 - 6120438, 6120443, 6140714, 6160633, 6120418 - 6120429, 6120417X, and 6120430, in connection with the Peters Creek Sewer Replacement Project Pc-l, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 56, page 154.) 268 The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) ASBESTOS REMOVAL-PURCHASE/SALE OF PROPERTY-TRAFFIC- CITY PROPERTY-HOUSING/AUTHORITY-PLANNING-STREETS AND ALLEYS-VIRGINIA TECH-HOTEL ROANOKE CONFERENCE CENTER: Council Member Elizabeth T. Bowles, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to title transfer and relocation of a structure at 111 Wells Avenue, N. W., prior to construction of the Second Street/Gainsboro Road Project. A staff report advised that the location and major design features of the Second Street/Gainsboro Road Project were approved by Council on August 9, 1993, pursuant to Resolution No. 31622-080993; that Amendment No. 1 to the contract between the City and the Roanoke Redevelopment and Housing Authority provides for the Housing Authority to relocate the structure at Wells Avenue, N. W.; and following relocation, the Housing Authority will rehabilitate the structure as part of the Gainsboro Professional Park, with title to said property to be held by the City. It was further advised that the Housing Authority has responsibility for the project, therefore, title to the property should be transferred to the Roanoke Redevelopment and Housing Authority, which is responsible for the removal of friable asbestos as identified by the Virginia Department of Transportation asbestos study of the structure and for relocation of the structure; that a portion of the subject property is needed to construct the proposed Second Street/Gainsboro Road Street Improvement Project; that the property should be conveyed to the Housing Authority, subject to the condition that all rights-of-way and easements needed for the construction of the Second Street/Gainsboro Road Street Improvement Project will be conveyed back to the City without cost; and such conveyance will occur after the existing structure is removed from the property. 269 ACTION: The Water Resources Committee recommended that Council authorize the City Manager to execute the appropriate document(s) conveying fee simple title by speclal warranty deed to the property located at 111 Wells Avenue, N. W., in a form to be approved by the City Attorney, which conveyance is subject to the condition that all rights-of-way and easements needed for construction of the Second Street/Galnsboro Road Street Improvement Project shall be conveyed back to the City without cost. (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: (#32031) AN ORDINANCE authorizing the donation and conveyance of the City's interest in property identified by Roanoke City Tax No. 2012716 and commonly known as 111 Wells Avenue to the Roanoke Redevelopment and Housing Authority for relocation of the structure located on the property prior to construction of the Second Street/Gainsboro Road Project, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 56, page 155.) The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: None. 270 ACTION: ACTION: At 3:50 p.m., the Mayor declared the meeting in recess. At 4:30 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Musser. COUNCIL: With respect to the Executive Session just concluded, Mr. Edwards moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member Musser was absent.) OATHS OF OFFICE-COMMITTEES-PENSIONS: The Mayor advised that there are two vacancies on the Board of Trustees, City of Roanoke Pension Plan, created by the ineligibility of William S. Trent, Jr., to serve another term inasmuch as the position rotates between a member of the Fire Department and a member of the Police Department, and the ineligibility of L. Bane Coburn to serve another term inasmuch as he has completed three consecutive terms of office, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the names of David L. Viar and E. Douglas Chittum. There being no further nominations, Messrs. Viar and Chittum were elected as members of the Board of Trustees, City of Roanoke Pension Plan, for terms ending June 30, 1996, and June 30, 1998, respectively, by the following vote: FOR MESSRS. VIAR AND CHITTUM: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ....................................... 6. (Council Member Musser was absent.) 271 ACTION: ACTION= ACTION: Inasmuch as Mr. Chittum is not a resident of the City of Roanoke, Mrs. Bowles moved that the City residency requirement for persons serving on authorities, boards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Mr. McCadden and adopted. OATHS OF OFFICE-COMMITTEES-FIFTH PLANNING DISTRICT COMMISSION: The Mayor advised that the three-year terms of John R. Marlles, John S. Edwards and Elizabeth T. Bowles as members of the Fifth Planning District Commission will expire on June 30, 1994, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the names of John R. Marlles, John S. Edwards and Elizabeth T. Bowles. There being no further nominations, Mrs. Bowles and Messrs. Marlles and Edwards were reelected as members of the Fifth Planning District Co~mission, for terms of three years each, ending June 30, 1997, by the following vote: FOR MRS. BOWLES AND MESSRS. MARLLES AND EDWARDS: Council Members Harvey, McCadden, White, Bowles, Edwards and Mayor Bowers ............................... 6. (Council Member Musser was absent.) (It was later determined that Mrs. Bowles was ineligible for reappointment to the Fifth Planning District Commission inasmuch as she has served three consecutive three-year terms of office, therefore, Marsha Compton Fielder was appointed to fill the vacancy on Monday, July 25, 1994.) cOUNCIL: Mr. Edwards moved that Council Member Bowles be designated as Chairperson Pro Tem to preside over the meeting of City Council scheduled for Monday, June 13, 1994, at 7:30 p.m., inasmuch as Mayor Bowers will be out of the City. The motion was seconded by Mr. McCadden and adopted. 272 There being no further business, the Mayor declared the meeting adjourned at 4:35 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 273 ,! REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL June 13, 1994 7:30 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, June 13, 1994, at 7:30 p.m., the regular meeting hour, with Council Member Howard E. Musser presiding, pursuant to Rule 1, Reqular Meetingsw of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William White, Sr., Delvis O. McCadden, James G. Harvey, II, John S. Edwards and Chairperson Howard E. Musser ................................................ 5. ABSENT: Council Member Elizabeth T. Bowles and Mayor David A. Bowers .................................................. 2. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grtsso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend W. Wilson Jamison, Pastor, Community Christian Church. Corporal James E. Brabham led the presentation of colors and the Pledge of Allegiance to the Flag of the United States of America by Honor Guards of the Roanoke City Sheriff's Office, the Roanoke City Fire Department, the Roanoke City Police Department and the Roanoke Emergency Medical Services Department in recognition of Flag Day 1994. COUNCIL: In the absence of Mayor Bowers, Council Member Elizabeth T. Bowles was previously designated as presiding officer for the City Council meeting to be held on Monday, June 13, 1994; however, due to illness, Council Member Bowles was unable to be present. Upon question, the City Attorney rendered the opinion that inasmuch as Council Member Howard E. Musser is the senior member of City Council, he would be the appropriate individual to convene the Council meeting; whereupon, Council Member Musser inquired as to the wishes of Council regarding appointment of a presiding officer for the remainder of the meeting. 274 ACTION: ACTION: Mr. Harvey moved that Councl! Member John S. Edwards be appointed as Chairperson Pro Tem to preside over the remainder of the City Council meeting on Monday, June 13, 1994. The motion was seconded by Mr. White and adopted. At this point, Chairperson Pro Tem Edwards took the Chair. PUBLIC HEARINGS ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 13, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of Berglund Chevrolet, Inc., that two tracts of land located on the north side of Maddock Avenue, N. E., between Willtamson Road and Courtland Avenue, identified as Official Tax Nos. 3080901 and 3080902, be rezoned from RM-1, Residential Multi- Family, Low Density District, to C-2, General Commercial District, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, May 27, 1994, and Friday, June 3, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to place the two lots into a zoning classification that will permit expansion of the adjoining automobile dealership business onto the property, was before Council. The Planning Commission recommended that Council approve the request for rezoning, advising that the rezoning will be a logical extension of the adjoining C-2, General Commercial District, located to the east of the property and will place all contiguous property under one ownership within the same zoning district classification; and the rezoning will be consistent with good land use principles and practice for zoning and development patterns in the area. (For full text, see report on file in the City Clerk's Office.) Mr. Harvey moved that the following ordinance be placed upon its first reading: 275 (~32032) AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 308, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 56, page 200.) The motion was seconded by Mr. Musser. Daniel F. Layman, Jr., Attorney, appeared before Council in support of the request of his client. The Chairperson Pro-Tem inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 32032 was adopted, on its first reading, by the following vote: AYES: Council Members Musser, White, Harvey, McCadden, and Chairperson Pro Tem Edwards ............. 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 13, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of John A. Bright and William T. Bright that two tracts of land, one located at the northwest intersection of 4th Street and Mountain Avenue, S. E., and the other located at the southwest intersection of the same intersection, and identified as Official Tax Nos. 4021001 and 4020326, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, May 27, 1994, and Friday, June 3, 1994. (See publisher's affidavit on file in the City Clerk's Office.) 276 ACTION: A report of the City Planning Commission advising that the purpose of the request for rezoning is to provide for improvement and adaption of the existing three story building into a variety of compatible uses, including mini-warehouse storage, general offices, a restaurant operation, retail uses and manufacturing and processing facilities with accessory retail sales, was before Council. The Planning Commission recommended that Council approve the request for rezoning, with the amended proffers based on the finding that the rezoning will be in keeping with the recommendation as set forth in the Comprehensive Plan; and the subject property, based upon the physical constraints of the site (size and configuration of the existing building and being located within the floodplain), is more suitable for a mixed use development than for industrial purposes. (For full text, see report on file in the City Clerk's Office.) Mr. Musser moved that the following ordinance be placed upon its first reading: (#32033) AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 56, page 201.) The motion was seconded by Mr. Harvey. Donald L. Wetherington, Attorney, appeared before Council in support of the request of his clients. The Chairperson Pro-Tem inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 32033 was adopted, on its first reading, by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) 277 STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 13, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of John A. Bright and William T. Bright that a section of Mountaln Avenue, S. E., bounded on the west by the right- of-way of Interstate 581 and U. S. 220, on the east by the western line of the right-of-way of 4th Street, S. E., on the south by the northern boundary of Official Tax No. 4021001, and on the north by the southern boundary of Official Tax No. 4020326, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, May 27, 1994, and Friday, June 3, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the street section requested for closure is a dead- end right-of-way that provides no access benefits to other properties or general traffic in the area; and the street section serves and provides access, parking and loading purposes of the abutting property owners (applicants) only. The Planning commission recommended that Council approve the request, subject to the following conditions: The applicant shall submit to the City, receive approval of, and record in the Office of the Clerk of Circuit Court, a subdivision plat providing for the following: Disposition of the property within the vacated right-of-way in a manner consistent with the requirements of Chapter 31, subdivisions, of the Code of the City of Roanoke (1979), as amended. Retention of appropriate easements for any and all utilities that may be located within the right-of-way, together with the right of public passage for surface and subsurface installation, repair and maintenance of such utilities. 278 ACTION: If the above-cited conditions have not been met within a period of 12 months from the date of adoption of the ordinance providing for closure of the subject street, said ordinance shall become null and void with no further action by Council being necessary. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden moved that the following ordinance be placed upon its first reading: (#32034) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 56, page 202.) The motion was seconded by Mr. Musser. Donald C. Wetherington, Attorney, appeared before Council in support of the request of his clients. The Chairperson Pro-Tem inquired if there were persons present who would like to address Council with regard to the request for street closure. There being none, Ordinance No. 32034 was adopted, on its first reading, by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH- ARCHITECTURAL REVIEW BOARD-STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 13, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of the Hotel Roanoke Conference Center Commission that all of that certain public right-of-way of Wells Avenue, N. E., between the western side of Commonwealth Avenue and the eastern side of Jefferson Street, be permanently vacated, discontinued and closed, the matter was before the body. 279 Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, May 27, 1994, and Friday, June 3, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that plans for widening and realignment of Second Street and the closure and relocation of Wells Avenue, from Commonwealth Avenue to Jefferson Street, N. E., have previously been reviewed and approved by the City Planning Commission and City Council; that realignment of Wells Avenue from its intersection with Commonwealth Avenue, to its intersection with Jefferson Street, is a necessary element of overall plans for construction and expansion of the new Conference Center and Hotel Roanoke; and the construction schedule for the new Conference Center and Hotel Roanoke expansion necessitates the timely closure and vacation of the abovedescribed section of Wells Avenue, was before Council. The Planning Commission recommended that Council approve the request, subject to the following conditions: The applicant shall submit to the City, receive approval of, and record in the Office of the Clerk of Circuit Court, a subdivision plat providing for the following: Disposition of the property within the vacated right-of-way in a manner consistent with the requirements of Chapter 31, Subdivisions, of the code of the City of Roanoke (1979), as amended. Dedication of land sufficient to provide for alignment of the proposed new section of Wells Avenue, N. E. Retention of appropriate easements for any and all utilities that may be located within the right-of-way, together with the right of public passage for surface and subsurface installation, repair and maintenance of such utilities. 28O ACTION: The applicant shall submit to the City and receive approval of a plan for the construction and public use of the proposed alternate roadway. The plan shall provide for any legal requirements such as dedication of a public easement over private property if the alternate roadway is to be used over an extended period of time for the routing of public traffic. The plan of roadway construction shall be reviewed and approved by the City Engineer. Any and all legal requirements related to dedication of an appropriate public easement for the routing of public traffic over private property shall be reviewed and approved as to form by the City Attorney. If the above-cited conditions have not been met within a period of 12 months from the date of adoption of the ordinance providing for closure of the subject street, said ordinance shall become null and void with no further action by Council being necessary. (For full text, see report on file in the City Clerk's Office.) Mr. Musser moved that the following ordinance be placed upon its first reading: (#32035) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 56, page 205.) The motion was seconded by Mr. White. The Chairperson Pro-Tem inquired if there were persons present who would like to address Council with regard to the request for street closure. There being none, Ordinance No. 32035 was adopted, on its first reading, by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) 281 ACTION: CITY CODE-ZONING: The City Clerk having advertised a public hearing for Monday, June 13, 1994,, at 7:30 p.m., or as soon thereafter as the matter may be heard, on proposed amendments to Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, May 27, 1994, and Friday, June 3, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the proposed amendments is to: (1) expedite the review and approval of Certificates of Appropriateness for approved construction activities in the local historic districts of the City by delegating additional authority to the Secretary of the Architectural Review Board; and (2) establish a new neighborhood design district to encourage compatible new construction in areas of the City having historic or unique architectural value, was before the Council. It was further advised that the proposed amendments are needed to address current development issues and concerns; that improving administration of the City's local historic district regulations has been an ongoing priority; and encouraging new infill development that is compatible with the City's older residential neighborhoods has been a concern for the past several years. The City Planning Commission recommended that Council approve the proposed amendments to the Zoning Ordinance. (For full text, Office.) see report on file in the City Clerk's (#32036) AN ORDINANCE amending ~36.1-641, Powers generally, by adding new subsection (f); and ~36.1-642, Review procedure, by amending subsection (a), of Division 2, Architectural Review Board, of Article VII, Administration; and creating new Subdivision G, ND~ Neighborhood Desiqn District, to Division 5, Special District Requlations, of Article III, District Regulations, by adding new ~36.1-388, Intent; ~36.1-389, Mr. Musser moved that the following ordinance be placed upon its first reading: 282 Designation; ~36.1-390, ApDlication of the district; ~36.1-391, Design district requlations; $36.1-392, Procedure for obtaininq a zoning permit; $36.1-393, Standards for new construction; and ~36.1-394, ADDeals, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, such amendments to expedite the review and approval of certificates of appropriate- ness for approval of construction activities in the historic and preservation districts and to establish a new neighborhood design district to encourage compatible new construction in areas having historic or unique architectural value. (For full text of Ordinance, see Ordinance Book No. 56, page 207.) The motion was seconded by Mr. McCadden. The Chairperson Pro-Tem inquired if there were persons present who would like to address Council with regard to the proposed amendments. There being none, Ordinance No. 32036 was adopted, on its first reading, by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) CONSENT AGENDA The Chairperson Pro-Tem advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. ELECTIONS-BONDS/BOND ISSUES-CAPITAL IMPROVEMENTS PROGRAM: A communication from Mayor David A. Bowers transmitting a document entitled, "Suggested Schedule for Capital Improvement Program" that was prepared by the City Manager, in consultation with the City Attorney as to legal requirements, which details the sequence of activities that must take place in order that Council 283 might adopt a new capital improvement program to be primarily funded with general obligation bonds and hold a voter referendum (special election) on the issuance of bonds in connection with the November 8, 1994 general election, was before the body. Because of certain legal requirements as more fully set forth in the communication, the Mayor strongly suggested that the schedule be followed closely if Council adopts a new capital improvement program, that the program be funded through the issuance of general obligation bonds, and that the issuance of such bonds be submitted to voter approval via referendum on November 8, 1994. The Mayor advised that Council's active involvement in the process will consist of the following activities: Individual introductory briefings by City staff during the week of June 27 through July 1 - these briefings will be approximately two hours in length and will be scheduled at Council's convenience by the City Manager Office. The briefings will be held in the City Manager's Conference Room. A City Council capital improvement program development workshop with City staff on Tuesday, July 5, that will begin immediately following City Council's Organizational Meeting at 2:00 p.m., and continue until approximately 5:00 p.m. The meeting will be held in Room 306, Municipal North. Adoption of a resolution endorsing the projects to be included in the capital improvement program and the amount of general obligation bonds to be submitted to voter approval at City Council's regularly scheduled meeting on Monday, July 11, at 10:00 a.m. Participation in a public hearing on the issuance of bonds on Monday, August 8 at 7:00 p.m. After the public hearing, City Council must adopt ordinances authorizing the issuance of bonds and the holding of the special election to insure a November 8, 1994 referendum. (For full text, see communication on file in the City Clerk's Office.) 284 ACTZON: ACTION: Mr. Musser moved that Council concur in the proposed schedule of activities. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) CITY TREASURER-TAXES-COMMISSIONER OF REVENUE: A joint report of the City Manager, the Director of Finance, the Commissioner of the Revenue and the City Treasurer with regard to a review of the feasibility of receiving real estate taxes in installments, with more emphasis on changing the April 5 due date, and consideration of quarterly payments on real estate taxes, was before Council. The Committee recommended that all taxpayers be informed with their initial fiscal year 1994-95 tax bill that they may make advance installment payments on real estate taxes, which method will allow taxpayers more flexibility to accommodate their budgets, and citizens will be informed of the availability of this service with a notice to be included with the original real estate tax ticket mailing in August 1994. The Committee further recommended that April 5 is an appropriate due date for the second installment of real estate taxes; that the April 5 due date was established to allow reasonable time after the holiday season, yet before personal property taxes due date, with State and Federal tax deadlines that fall near this due date having been taken into consideration; that a majority of homeowners receive refunds from State and Federal returns and have the option to increase payroll tax deductions or increase quarterly tax payments; and it would be difficult to identify dates within the calendar year that do not coincide with other potential payment dates for the typical property owner. (For full text, see report on file in the City Clerk's Office.) Mr. Musser moved that the report be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: 285 ACTION: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) Mr. Harvey requested that the record reflect that he voted against a previous report on the matter, and he does not concur in the report presently before the Council. OATHS OF OFFICE-COMMITTEES-YOUTH: A report of qualification of George A. McLean, III, as a member of the Youth Services Citizen Board, for a term ending May 31, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mr. Musser moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: cOMMITTEES-ROANOKE ARTS COMMISSION: Mimi Hodgin, Chair of the Roanoke Arts Commission, appeared before Council and introduced members of the Roanoke Arts Commission, advising that members of the Arts Commission have varied backgrounds and represent all of the art groups in the Roanoke Valley. She stated that in the last year, the ArtS Commission has clarified its mission, goals and objectives which was intended to help the Commission focus more clearly on the most important issues facing the City, and the Arts Commission is currently involved in approximately 12 projects. Linda Atkinson, Member and Historian of the Roanoke Arts Commission, highlighted certain Art Commission projects. 286 Ms. Hodgin advised that the arts make communities more liveable and bring beauty, Joy and meaning to cities, towns and counties. She requested Council's support by including the Roanoke Arts Commission in the City's building projects, and also requested assignment of a shared staff person within City Government to assist the Arts Commission in working with the City Manager, the Director of Public Works and the Traffic Engineer to address the City's aesthetic and community needs in a creative, and problem solving manner. Without objection by Council, the Mayor advised that the report would be received and filed. PETITIONS AND COMMUNICATIONS: BUDGET-GENERAL DISTRICT COURT-COMMONWEALTH'S ATTORNEY-LEGISLATION: A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, with regard to establishing a Cost Collections Unit as a part of the Roanoke City Commonwealth's Attorneys Office, was before Council. It was advised that the Commonwealth's Attorney has the responsibility to institute proceedings for the collection and satisfaction of judgements issued in Courts of the Commonwealth of Virginia, pursuant to Sections 19.2-348 and 19.2-349 of the Code of Virginia (1950), as amended; that to enhance collection efforts, Section 1-26 of Chapter 994 of the 1993 Acts of Assembly authorizes the Commonwealth's Attorney and the locality to enter into a contractual agreement with the court system to establish and fund formal collection programs; that funding of the program is from costs collected and the locality shares on a 50/50 basis any revenue above expenses with the State, with no local funds required; and Robert N. Baldwin, Executive Secretary of the Virginia Supreme Court, has approved establishment of a collection program in the City of Roanoke, pursuant to a communication under date of April 25, 1994. It was further advised that in an attempt to collect Judgements, the Commonwealth's Attorney's Office is forced to use secretarial staff to perform the duty as an additional responsibility; that while the return for this effort is good, the situation provides no opportunity to receive funding to invest in improving the collection effort; and currently the locality has no means to receive a portion of the State fines and costs assessed and collected. 287 The Commonwealth's Attorney recommended that Council authorize execution of a contract between the Roanoke City General District Court and the Roanoke City Commonwealth's Attorney; authorize the City Manager to execute all appropriate documents; and authorize the following budget for the Cost collections Unit of the Commonwealth's Attorney's Office to accounts to be established by the Director of Finance: Expenses Salaries Temporary Wages City Retirement Employer FICA Hospitalization Insurance Dental Insurance Life Insurance Telephones Administrative Supplies Internal Services - CIS Management Services (copies) Expendable Equipment Furniture and Equipment Computer Software Rent Total Expenses $25,000.00 1,920.00 3,080.00 1,912.00 2,220.00 96.00 164.00 5,000.00* 500.00 200.00 200.00 9,200.00* 3,500.00* 4,000.00' 12t000.00 $68,992.00 * Start up expenses - After initial start up expenses, it is estimated that the annual budget for the program will be approximately $50,000.00. Estimated Revenues Court Judgement Collection Fees $68,992.00 A report of the City Manager concurring in the above recommendation, was also before Council (For full text, see communication and report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#32037-061394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 156.) 288 ACTION: ACTION: Mr. White moved the adoption of Ordinance No. 32037- 061394. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Musser, White, Harvey, Mc=auden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) Mr. White offered the following resolution: (#32038-061394) A RESOLUTION authorizing the execution of a contract between the City of Roanoke, the Clerk of the Roanoke General District Court and the Con~nonwealth's Attorney for the City of Roanoke to provide for the establishment of a cost collection program. (For full text of Resolution, see Resolution Book No. 56, page 157.) Mr. White moved the adoption of Resolution No. 32038-061394. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. Grant No. 6236 $158,000.00 for the 1994-95 Chapter II Program to provide funds for improvement of instructional services in the school district. The Program will be reimbursed by Federal funds in the amount of $114,361.00, with a local match of $43,639.00. 289 Grant No. 6304 Grant No. 6305 Grant No. 6445 Grant No. 6511 Grant No. 6520 $876,795.00 for the 1994-95 Governor's School Program to provide instruction in science and math to high school students. The Program will be supported by State funds in the amount of $340,955.00, a local match of $304,040.00, and $231,800.00 from tuition collected from participating school districts. $141,978.00 for the 1994-95 Family ERA Program to provide for a family-school partnership to promote family education and student readiness and achievement. The Program is 100 per cent reimbursed by Federal funds. $76,763.00 for the 1994 Summer Youth Employment Program to provide training and hands-on experience for building trades students. The Program will be 100 per cent reimbursed by Federal funds. $37,432.00 for the 1993-94 Flow Through Program to provide aid for the education and guidance of handicapped students. The Program will be reimbursed 100 per cent by State and Federal funds. $860,000.00 for the 1994-95 Flow Through Program to provide aid for the education and guidance of handicapped students. The Program will be 100 per cent reimbursed by State and Federal funds. 290 Grant No. 6767 $119,970.00 for the 1994-95 Adult Basic Education Program to provide funds for the education of adults who have not completed high school. The Program will be reimbursed by Federal funds in the amount of $97,370.00, with a local match of $22,600.00. Grant No. 6768 $167,567.00 for the 1994-95 Apprenticeship Program to provide on-the-job and classroom vocational instruction for students in the apprenticeship program. Revenue will be provided by State funds and fees paid by participants. Grant No. 6769 $318,535.00 for the 1994-95 Perkins Act Program to provide funds for vocational instructors and equipment. The Program will be 100 per cent reimbursed by Federal funds. A report of the Director of Finance advising that the grants are funded with Federal and State funds and fees; that in addition to these funding sources, Chapter II, Governor's School and Adult Basic Education grants require local match, for a total of $370,279.00, which funds are available in the following accounts, was also before the body. Chapter II: Retirement-VSRS (030-060-6001-6000-0202) $ 43,639.00 Governor's School: Tuition In-State (030-060-6001-6346-0382) $243,980.00 Matching Funds (030-060-6007-6998-0588 60,000.00 Adult Basic Education: Matching Funds (030-060-6001-6450-0588) $ 22,600.00 291 ACTION: The Director of Finance recommended that Council concur in the request of the School Board. (For full text, see communication and report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#32039-061394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 158.) Mr. White moved the adoption of Ordinance No. 32039- 061394. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: WATER RESOURCES-SEWERS AND STORM DRAINS-CITY CHARTER: Kit B. Kiser, Director, utilities and Operations, presented a written report on behalf of the City Manager with regard to a 30-inch sewage line leak within the basement wall of the Water Pollution Control Plant, advising that approximately six months ago, a 90- foot run of 48-inch sewer as it passed underground and passed through two structural wall sections was repaired; that recently, a 30-inch cast iron raw sewage pump discharge line began leaking within a basement wall section; that repairs to the line will entail cutting out a section of the line outside the wall, installing a blind flange, applying plastic coating to the damaged section, followed by installation of a spool piece section to put the pump and line back in service; that work was initiated under the emergency work provisions of 292 the City Code due to the possibility of the section of line completely failing (rupturing) rather than just leaking, at an estimated cost of $20,000.00 - $25,000.00; and a detailed report will be provided to Council upon completion of repairs. (For full text, see report on file in the City Clerk's Office.) Without objection by Council, the Chairperson Pro- Tem advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: ClTY CODE-SiDEWALK/CURBANDGUTTER-DOWNTOWNROANOKE, INCORPORATED-STREETS AND ALLEYS: The City Manager submitted a written report advising that Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended, includes provisions regulating obstructions to public streets, alleys, sidewalks, and gutters of the City; and sidewalk sales are permitted in the Downtown Service District under limited circumstances as approved by Council in 1989. It was further advised that Downtown Roanoke, Incorporated, on behalf of downtown restauranteurs, has requested permission to allow sidewalk tables and chairs on which to serve food and non-alcoholic beverages, with key provisions of the request to include the following: applications will be made through Downtown Roanoke, Incorporated; tables and chairs will be located in an area extending no more than three feet from adjoining restaurants, and leave no less than three feet of unobstructed area for pedestrians; furniture design will be approved by Downtown Roanoke, Incorporated; at the end of the business day, all sidewalk furniture will be removed from the public sidewalk or securely chained to the adjoining building; no alcoholic beverages will be served; and trash will be frequently monitored and removed from the area. The City Manager recommended that Council authorize tables and chairs to be located in the Downtown Service District, pursuant to the following terms and conditions: 293 the entire area occupied by such street furniture may extend no further than three feet from the adjoining building and in no case shall remaining unobstructed sidewalk width be less than five feet between such furniture and any other permanent sidewalk amenity such as street trees, trash receptacles, benches, street light standards, or traffic control devices; all sidewalk furniture must be removed from the public right-of-way each day after business hours, or secured; no furniture shall be anchored to the public sidewalk; the City reserves the right to approve the design of all street furniture; no alcoholic beverages shall be served or consumed on the public right-of-way; the permittee shall indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, injuries, or damages to persons or property which may result from the location of such street furniture; the permittee shall present evidence of public liability insurance in an amount established by the City's Risk Management Officer; the permittee shall frequently monitor the area for garbage, trash, refuse, other waste materials, and adequate sidewalk clearance; and the City Manager shall be authorized to promulgate such other rules and procedures appropriate to implementing such use of the public sidewalks. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: 294 ACTION: (#32040-061394) AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new Section 30-9.1, Sidewalk obstructions, to delegate to the City Manager the authority to issue permits for moveable sidewalk obstructions, under certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 165.) Mr. White moved the adoption of Ordinance No. 32040- 061394. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) WATER RESOURCES: The City Manager submitted a written report with regard to Change Order No. 5 to the contract with Crowder Construction Company for Carvins Cove Filter Plant Improvements - Phase II, in the amount of $84,769.55, for a total contract amount, including Change Order No. 5 of $13,748,339.33, advising that the following changes require the approval of Council: leak repairs and ot~er work around two 30" pipe sleeves at the west end of the filter building $17,625.00 replace four 20" valves at the existing aeration basins 17,784.12 additional 16" butterfly valve at the new backwash water storage reservoir 5,000.00 continuous chlorine residual monitoring system 29,250.22 replace aluminum toe boards on existing walkways at basin handrails 15~110.21 Total Amount of Change order No.5 $84,769.55 The City Manager recommended that he be authorized to issue Change Order No. 5 to the contract with Crowder Construction Company, in the amount of $84,769.55, and zero consecutive calendar days additional construction 295 ACTION: time; that the total contract amount of $13,663,569.78 will not change; and the contract allowance for repair/ replacement will be reduced by the sum of $84,769.55. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: (#32041-061394) AN ORDINANCE approving the City Manager's issuance of Change Order No. 5 to the City's contract wlth Crowder Construction Company, in connection with Carvins Cove Filter Plant Improvements - Phase I; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 167.) Mr. White moved the adoption of Ordinance No. 32041- 061394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) LEGISLATION-REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY-WATER RESOURCES-RECYCLING: The City Manager submitted a written report transmitting a communication from Robert W. Benninger, Chairperson, Roanoke Valley Resource Authority, requesting that Council support Federal legislation that would enable local option to control the end destination of solid waste originating from the City limits. The City Manager requested that Council adopt a measure signifying the Council's support of Federal Bill 1634 and similar legislation that would specifically authorize solid waste flow control, and that copy of said measure be forwarded to the City's Federal elected representatives. (For full text, see report and communication on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: 296 ACTION: (#32042-061394) A RESOLUTION supporting United States Senate Bill 1634 authorizing local governments to exercise solid waste flow control. (For full text of Resolution, see Resolution Book No. 56, page 168.) Mr. McCadden moved the adoption of Resolution No. 32042-061394. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) BUDGET-DIVISION OF MOTOR VEHICLES-GRANTS-YOUTH: The City Manager submitted a written report advising that the Office on Youth has received funds from the commonwealth of Virginia Department of Motor Vehicles to be used to assist in offsetting the cost of special projects which are operated by the Office on Youth during program year 1993-94; and funding in the amount of $1,000.00 was received by the Office on Youth on December 9, 1993, from the Department of Motor Vehicles. It was further advised that funds received from the Department of Motor Vehicles were used for implementation of special projects such as Student Government Day, special programs, and closing exercises for the job training camps; that the Office on Youth operates various programs to improve the quality of life for children and youth; and appropriation of these funds into the special projects account will be a reimbursement of program costs. The City Manager recommended that Council appropriate $1,000.00 to a Grant Fund Special Projects Expenditure Account, with a corresponding revenue estimate to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: 297 m ACTION: (#32043-061394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 170.) Mr. McCadden moved the adoption of Ordinance No. 32043-061394. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) BUDGET-GRANTS-YOUTH: The City Manager submitted a written report advising that the Office on Youth received funds from Project FOCUS Grant to operate a job training camp program for youth, ages 12 15; that the need for the program was expressed during the Teen Summit meetings in 1992 because teens felt that there was "nothing to do" and the majority of the youth were too young to obtain jobs; that a Summer Job Training Camp was offered during the summer of 1993 with FOCUS funds, the goal of which was to enroll 40 youth to complete the program, however, due to an overwhelming interest, 62 youth were given the opportunity to learn about the world of work through classroom training which included, but was not limited to, role playing, speakers, career exploration, goal setting, etc.; and funding in the amount of $30,342.45 was transferred in May 1994 from the Project FOCUS grant to the Office on Youth for implementation of the job training camp program. It was explained that funds were transferred from the Project FOCUS grant for implementation of the Job Training Camp Program which began in April 1994; that the Office on Youth is operating the program which has been providing job related training activities; and appropriation of funds into a special account for reimbursement of program costs will be coordinated by the Office on Youth. 298 ACTION= The City Manager appropriate $30,342.45 to a account, with a corresponding established by the Director of recommended that Council Grant Fund expenditure revenue estimate to be Finance. (For full text, see report on file in the City Clerk's Office.) Mr. Harvey offered the following ordinance: emergency budget (#32044-061394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 171.) Mr. Harvey moved the adoption of Ordinance No. 32044-061394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) HU~JiN DEVELOPMENT-HOUSING/AUTHORITY-TOTAL ACTION AGAINST POVERTY-GRANTS-FDETC-SCHOOLS: The City Manager submitted a written report advising that the U. S. Department of Agriculture (USDA) has solicited applications from municipalities to participate in the 1994 Virginia Summer Food Service Program; and the purpose of the Program is to provide nutritionally balanced, healthy meals to children ages one through 18 of low-income families during the Summer months of 1994. It was further advised that a grant application for the Virginia Summer Food Service Program was prepared by the Fifth District Employment and Training Consortium, on behalf of the City, for consideration by the U. S. Department of Agriculture for funding for the period June 20 - September 2, 1994, with notice of grant award expected by June 14, 1994; that 1,335 daily meals are proposed for youth participating at specified sites throughout the City, at an estimated 38,000 meals to be served through the program. 299 ACTION: The City Manager recommended that Council approve the following actions: accept of the subsequent grant award from the U. S. Department of Agriculture, in the amount of $123,090.00; authorize the Director of Human Development to negotiate and execute a contract for food service with Roanoke City Schools, as well as appropriate interagency agreements with the Fifth District Emplo~ent and Training Consortium, Office on Youth and the City of Roanoke Redevelopment and Housing Authority to facilitate success of the project; and appropriate $123,090.00, with a corresponding revenue estimate, to an account to be established in the Consortium Fund by the Director of Finance, for the Virginia Summer Food Service Program. (For full text, see report on file in the City clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: (#32045-061394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 172.) Mr. McCadden moved the adoption of Ordinance No. 32045-061394. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) Mr. McCadden offered the following emergency ordinance: 300 ACTION: (#32046-061394) AN ORDINANCE authorizing the execution of a grant application made on behalf of the City of Roanoke for the United States Department of Agriculture 1994 Summer Food Service Program, the acceptance of the subsequent grant award, the negotiation and execution of the appropriate interagency agreements, including an agreement with Roanoke City Schools; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 173.) Mr. McCadden moved the adoption of Ordinance No. 32046-061394. The motion was seconded by Mr. White and adopted by the following vote~ AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) BUDGET-CITY SHERIFF-CMERP-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need for Emergency Breathing Apparatus and an X-Ray Inspection System to enhance court security for use in the Roanoke City Jail; that the X~Ray Inspection System will provide a method of inspection of hand- carried baggage, packages and mail; and existing security devices and walk through units primarily detect metal objects, however, the X-Ray Unit will provide additional security by detecting weapons, narcotics, explosives and other dangerous items through an advanced image process. It was further advised that following advertisement, bids were received and reviewed by a bid committee; whereupon, the City Manager recommended that Council accept the bid submitted by Security Defense Systems Corporation, for one new X-Ray Inspection System, at a total cost of $15,945.00, and the bid of Fire & Safety Equipment, for an Emergency Breathing Apparatus, at a total cost of $6,464.04; that all other bids received by the City be rejected; and that $22,410.00 be appropriated from the Capital Maintenance and Equipment Replacement Program to the following accounts: 301 ACTION= ACTION: $15,945.00 to Account Ho. 001-024-2140-9015 6,465.00 to Account No. 001-024-3310-9015 (For full text, see report on file in Office.) Mr. Harvey offered the following ordinance: the City Clerk's emergency budget (#32047-061394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 174.) Mr. Harvey moved the adoption of Ordinance No. 32047-061394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) Mr. Harvey offered the following resolution: (#32048-061394) A RESOLUTION accepting bids for an X-Ray Inspection System and for Emergency Breathing Apparatus for the City Jail, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for these items. (For full text of Resolution, see Resolution Book No. 56, page 175.) Mr. Harvey moved the adoption of Resolution No. 32048-061394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) 302 DIRRCTOR OF FINANCE: CITY CODE-LEGISLATION-BINGO/RAFFLES: The Director of Finance submitted a written report advising that numerous changes were made to the Code of Virginia (1950), as amended, regarding bingo and raffle operations as a result of the 1994 Session of the General Assembly which changes will become effective July 1, 1994, as follows: Previously, certain organizations were required to have been in existence for at least two years prior to applying for a permit, which provision will be changed to five years. Organizations sponsoring bingo games may accept cash or checks as payment for players to participate in bingo games, and language was added to provide that postdated checks may not be accepted, that lines of credit may not be extended, and credit or debit cards or other electronic fund transfers may not be used as payment for charges to participate in bingo games. The sale of instant bingo cards to anyone below 16 years of age is now prohibited, with the age limit being raised to 18 years of age. In addition to the definitions of organization, bingo, raffle, instant bingo, and jackpot, the definition of a landlord will be added, and a landlord will be defined as any person or his agent, firm, association, organization, partnership, or corporation, or employee thereof, which owns and leases, or leases any premise devoted in whole or in part to the conduct of bingo games, and any person residing in the same household as a landlord. Employees of a corporate sponsor of a qualified organization will be allowed to participate in the management, operation or conduct of one raffle per year. Landlords will be prohibited from the following: 303 allow the bingo and laws. participating in the conduct, management or operation of any bingo games; selling, leasing or otherwise providing for consideration any bingo supplies; and requiring as a condition of a lease that a particular manufacturer, distributor or supplier of bingo supplies be used by the organization. It was noted that an addition to Section 21.71 of the Code of the City of Roanoke (1979), as amended, is recommended concerning organizations that discontinue their raffle or bingo operations with unspent proceeds which should be reported until all have been properly spent, advising that currently, an organization with unexpended cash balances could cease its bingo or raffle operations and they would not be required to report whether those cash proceeds were spent for charitable purposes, therefore, it is recommended that a provision stating that organizations which either cease to exist or cease their bingo or raffle operations must file reports on a quarterly basis until all cash proceeds have been properly spent, which will allow the City to monitor and to ensure that all bingo or raffle proceeds are indeed spent for charitable purposes. The Director of Finance advised that it is important that the City be consistent with the Code of Virginia, especially in the matter of bingo games and raffles, in order to accomplish the changes, he transmitted a proposed ordinance amending certain sections of the City code relating to bingo and raffle operations which will City to continue to effectively administer raffle operations in compliance with State (For full Office.) Mr. ordinance: text, see report on file in the City Clerk's Musser offered the following emergency (#32049-061394) AN ORDINANCE to amend and reordain S21-66, Binqo qames and raffles definitions; subsections (a)(1), (2), and (3) of S21-68, Requireme~,t of issuance of permit; where valid; duration; permits 3O4 ACTION: subject to requlation; subsection (c) of S21-69, Limitation on frequency and duration of conducting bingo games; subsection (d) of S21-70, "Instant bingo"; S21-71, Reports of gross receipts and disbursements required; form of reports; failure to file; certificate o£ compliance; right of entry upon premises; records; independent accounting procedure, by adding new subsection (h); subsection (e) of S21-73, Prohibited practices; and Section 21-73, Prohibited practices by adding new subsection (g) and redesignating current subsections (g) through (p) as subsections (h) through (q), of Article II. Gambling, of the Code of the City of Roanoke (1979), as amended, to provide for the regulation of bingo and raffle games in the City; providing for an emergency, and an effective date. (For full text of Ordinance, see Ordinance Book No. 56, page 176.) Mr. Musser moved the adoption of Ordinance No. 32049-061394. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) BUDGET-HOUSING/AUTHORITY-GRANTS: The Director of Finance submitted a written report advising that the Community Development Block Grant (CDBG) program is accounted for on the City's financial records by program year, with three years currently appropriated; that the U. S. Department of Housing and Urban Development permits localities to determine the number of CDBG program years to remain on the records; that reprogramming funds allows the City to maintain a minimum number of program years on its records; that the earliest Community Development Block Grant year (B-91-MC-51-0020) may be closed by reprogramming unspent funds in the program year to the next subsequent program year (B-92-MC-51-0020); and unspent funds totalling $176,024.00 will be used for the same activities for which they are currently appropriated. The Director of Finance recommended that Council authorize the following actions: 305 ACTION: transfer unspent funds of Community Development Block MC-51-0020; and $176,024.00 to Grant year B-92- Mr. Whit,~ ordinance: (~32050-061394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 185.) Mr. White moved the adoption of Ordinance No. 32050- 061394. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) BUDGET-INTERNAL SERVICE FUND: The Director of Finance submitted a written report advising that the City's Internal Service Funds account for certain services provided to departments of the General Fund; that the service providing departments within the Internal Service Funds recover costs by charging the receiving departments; that budgeted funds for internal services are allocated in each fiscal year's budget throughout the various departments based on estimated usage, which usually varies from the original estimates; and each year it is necessary to make appropriation transfers between several departments to provide sufficient funds for internal services for the remainder of the fiscal year, which transfers do not increase the original overall budget, but only reallocate amounts between departments. close-out community Development Block Grant year 3-91-MC-51-0020. (For full text. see report on file in the City Clerk's Office.) offered the following emergency budget 306 ACTION: The Director of Finance recommended adoption by Council of a budget ordinance which will accomplish the required transfers. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (%32051-061394) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 188.) Mr. White moved the adoption of Ordinance No. 32051- 061394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) BUDGET-CITY EMPLOYEES: The Director of Finance submitted a written report advising that the 1993-94 fiscal year General Fund included funds in the nondepartmental category for payment of life insurance, termination (vacation) leave and unemployment wages, which types of employee fringe benefits are budgeted at estimated amounts in each department or in the nondepartmental category inasmuch as annual charges for each department are difficult to accurately project; and actual costs are charged to the applicable department in anticipation of budget transfers to cover said costs. The Director of Finance recommended adoption of a budget ordinance providing for the transfer of funds from the nondepartmental category to applicable departmental budgets as follows: 307 ACTION: Life Insurance $266m478.00 Termination (Vacation) Leave Wages Unemployment Wages ~ (For full text, see report on file in the City Clerk's Office.) Mr. Harvey offered the following emergency budget ordinance: (#32052-061394) certain sections Appropriations, and providing for an emergency. AN ORDINANCE to amend and reordain of the 1993-94 General Fund (For full text of Ordinance, see Ordinance Book No. page 192.) 56, Mr. Harvey moved the adoption of Ordinance No. 32052-061394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) CITY ATTORNEY: POLICE DEPARTMENT-CITY CODE-COMMONWEALTH'S ATTORNEY- LEGISLATION-TRAFFIC: The City Attorney submitted a written report advising that since 1982, Council has reenacted and recodified the City Code on an annual basis in order to properly incorporate in the Code amendments passed by the Virginia General Assembly at the previous Session to State statutes that are incorporated by reference in the City code, which procedures ensures that the ordinances codified in the City Code incorporate the current provisions of State law; that incorporation by reference is frequently utilized in local codes to preclude having to set out lengthy provisions of State statutes in their entirety; that in addition, the technique ensures that local ordinances are always consistent with State law as is generally required; and the procedure whereby a local governing body incorporates State statutes by reference after action of the General Assembly has been approved by the Attorney General. 3O8 ACTION: The City Attorney recommended that Council adopt an ordinance to readopt and reenact the Code of the City of Roanoke (1979), as amended. (For full text, see report on file In the City Clerk's Office.) Mr. McCadden offered the following emergency ordinance: (#32053-061394) AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 195.) Mr. McCadden moved the adoption of Ordinance No. 32053-061394. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson PrO Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) REPORTS OF COMMITTEES: BUDGET-CABLE TELEVISION: Council Member Musser, Chairperson, Roanoke Valley Cable Television Committee, presented a written report on behalf of the Committee, advising that on March 2, 1994, the Roanoke Valley Regional Cable Television Committee recommended a fiscal year 1994-95 budget of $116,057.00; that cost increases are primarily in the areas of rent, part-time help and mileage; and the total operating budget of $116,057.00 is separated as follows based on the number of Cox Cable subscribers in each locality: Roanoke City Roanoke County Town of Vlnton 57 per cent 36 per cent 7 per cent $66,153.00 41,780.00 8,124.00 309 ACTION: The Roanoke Valley Regional Cable Television Co~mittee recommended that Council approve the fiscal year 1994-95 operating budget, in the amount of $116,057.00, including the City's share of the budget which is $66,153.00. in the City Clerk's (For full text, see report on file Office.) Mr. Musser offered the following resolution: (#32054-061394) A RESOLUTION approving the annual operating budget of the Roanoke Regional Cable Television Committee for Fiscal Year 1994-95. (For full text of Resolution, see Resolution Book No. 56, page 197.) Mr. Musser moved the adoption of Resolution No. 32054-061394. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Musser, White, ~arvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) ROANOKE CIVIC CENTER: Council Member William White, Sr., Chairperson of a committee appointed by the Mayor to tabulate bids received for replacement of the wooden stage floor in the Roanoke Civic Center Auditorium, presented a written report on behalf of the Com~ittee, recommending that Council reject the lump sum bid submitted by Williams Painting and Remodeling, Inc., in the amount of $136,950.00; and that the City Administration review the project for changes in scope and timing, followed by re-advertisement for bids. The City Manager submitted a written report concurring in the recommendation of the co~unittee. (For full text, see reports on file in the City Clerk's Office.) Mr. White offered the following resolution: 310 ACTION: ACTION: (#32055-061394) A RESOLUTION rejecting all bids for replacement of the wood stage floor at the Roanoke Civic Center Auditorium. (For full text of Resolution, see Resolution Book No. 56, page 198.) Mr. White moved the adoption of Resolution No. 32055-061394. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ........................................ 0. (Council Member Bowles and Mayor Bowers were absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PURCHASE/SALE OF PROPERTY-SEWERS AND STORM DRAINS- EASEMENTS: Ordinance No. 32030 authorizing vacation of a portion of sanitary sewer easements across properties identified by Roanoke City Tax Nos. 6120434 - 6120438, 6120443, 6140714, 6160633, 6120418-6120429, 6120417X, and 6120430, in connection with the Peters Creek Sewer Replacement Project PC-l, having previously been before the Council for its first reading on Monday, June 6, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. White offering the following for its second reading and final adoption: (#32030-061394) AN ORDINANCE authorizing the vacation of a portion of sanitary sewer easements across properties identified by Roanoke City Tax Nos. 6120434 - 6120438, 6120443, 6140714, 6160633, 6120418-6120429, 6120417X, and 6120430, in connection with the Peters Creek Sewer Replacement Project PC-l, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 56, page 154.) Mr. White moved the adoption of Ordinance No. 32030- 061394. The motion was seconded by Mr. Harvey and adopted by the following vote: 311 ACTION: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) PURCHASE/SALE OF PROPERTY-TRAFFIC-CITY PROPERTY- HOUSING/AUTHORITY-HOTEL ROANOKE CONFERENCE CENTER- ASBESTOS REMOVAL-STREETS AND ALLEYS-VIRGINIA TECH: Ordinance No. 32031 authorizing donatio~ and conveyance of the City's interest in property identified by Roanoke City Tax No. 2012716 and commonly known as 111 Wells Avenue to the Roanoke Redevelopment and Housing Authority for relocation of the structure located on the property prior to construction of the Second Street/Gainsboro Road Project, upon certain terms and conditions, having previously been before the Council for its first reading on Monday, June 6, 1994, read and adopted on Its first reading and laid over, was again before the body, Mr. White offering the following for its second reading and final adoption: (~32031-061394) AN ORDINANCE authorizing the donation and conveyance of the City's interest in property identified by Roanoke City Tax No. 2012716 and commonly known as lll Wells Avenue to the Roanoke Redevelopment and Housing Authority for relocation of the structure located on the property prior to construction of Second Street/Gainsboro Road Project, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 56, page 155.) Mr. White moved the adoption of Ordinance No. 32031- 061394. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Musser, White, Harvey, McCadden and Chairperson Pro Tem Edwards ............... 5. NAYS: None ....................................... 0. (Council Member Bowles and Mayor Bowers were absent.) MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF cOUNCIL: None. 3 '12 OTHER HEARINGS OF CITIZENS: None. There beinG no further business, the Mayor meetinG adjourned at 9:00 p.m. APPROVED ATTE ST: Mary F. Parker City Clerk declared the John S. Edwards Chairperson Pro Tem 313 ROANOKE CITY COUNCIL ......... ROBERT W. GOODLA~TE June 20, 1994 12:00 noon A joint meeting of Roanoke City Council and Congressman Robert W. Goodlatte was held on Monday, June 20, 1994, at 12:00 noon, in the City Council's Conference Room, fourth floor of the Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowles, John S. Edwards, Delvis O. McCadden, William White, Sr. (entered the meeting at 1:15 p.m.), and Mayor David A. Bowers ................. 5. ABSENT: Council Members James G. Harvey, II, and Howard E. Musser ........................................................... 2. OTHERS PRESENT: Congressman Robert: W. Goodlatte; Steven Landes, Legislative Assistant to Congressman Goodlatte; John H. Parrott, Council Member-Elect; Linda F. Wyatt, Council Member- Elect; W. Robert Herbert, City Manager; James D. Rltchie, Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; Willard N. Claytor, Director of Real Estate Valuation; and Mary F. Parker, City Clerk. The Mayor advised that the purpose of the meeting was to discuss matters of mutual interest and concern with Congressman Goodlatte. Congressman Goodlatte referred to previous discussions relating to problems the City confronts with unfunded Federal government mandates and Federal regulations, which the City sometimes questions as to the cost benefit ratio that is derived from having to comply with some of these regulations, and reported that progress has been made in this regard. He stated that he has joined a group called the Unfunded Mandates Caucus which has designated representatives to go through each bill and try to ferret out those mandates to either get them changed in the bill or at least alert the members when they vote on the floor that these mandates are included in the bills, and the legislature has had some success along these lines. The Congressman further stated that earlier this year there was a bill to elevate the Environmental Protection Agency to Cabinet level status; that many in the Congress saw that as an opportunity to try to require cost benefit analysis or risk assessment to be performed by the E.P.A. before new regulations are imposed, though there was an amendment proposed to be offered which would require that to be done before any new regulations could be issued; that the E.P.A. was opposed to that as was the administration, and therefore, they wrote the rule under which the House would consider the bill in such a fashion 1 314 that the amendment could not be offered; however, the rule was defeated with over 60 Democrats joining with virtually all the Republicans in defeating the rule. He advised that he felt this sent a strong message that a number of other pieces of legislation similar to that which would be coming back to Congress would have to take into account the cost effect on local governments and private business if they are going to continue a trend toward further regulation; so that will have an lmpact not only in that area but also in the area of legislation such as superfund, wetlands, endangered species, as well as other pieces of legislation which will come up for reconsideration; and that most of it should be reauthorized, but he believes it should include some realistic language that requires the appropriate regulatory agency involved to take a look at it. The Congressman further stated that in terms of matters that are of direct interest to the City and the City's economic development, a success was achieved Just last week in getting the House of Representatives to approve $350,000.00 for study of the location and initial engineering for a new tower at the Roanoke Regional Airport; that last year, it was taken out in committee and Jacqueline Shuck contacted him after it had been taken out of committee, so this year when Ms. Shuck came back he suggested that a much more aggressive approach be taken; that both he and Ms. Shuck testified before the Transportation Appropriations Subcommittee and requested that the money be specifically designated for Roanoke; and that with the help of Frank Wolf, who is the ranking Republican on that Committee, and Rick Boucher and L. F. Payne who signed a letter to the Subcommittee Chairman requesting that the money be kept in there, it has now been passed by the entire House and efforts are being made to get to work on it in the Senate. He advised with regard to the Appalachian Regional Commission, that Roanoke was left out when it was originally established, and lost out on many millions of dollars in economic development funds; that since that time, Jim Olin had offered some legislation in previous Congress to add Roanoke, Roanoke County, Salem, Rockbridge, Lexington, Buena Vista, Montgomery and Radford to it; that it was never taken up, so he offered the legislation again this year; and that fortunately, the Appalachian Regional Commission bill was coming up for reauthorization this year, so with the help of Bob Wise from West Virginia, the bill that he introduced was included as an amendment to the reauthorization which was passed. He further advised that now the House is waiting on the Senate, which is a little more problematic because the powers that be on the appropriate subcommittee in the Senate are western senators who are not particularly fond of the Appalachian Regional Commission, so they are looking for either pushing the Senate to mark up the legislation to reauthorize the Appalachian Regional Commission or to try to attach it to the appropriations legislation that goes through; and that the Senate can attach it on 2 315 that side, and the House can do that when they appropriate additional funds for the Appalachian Regional Commission, as we;; as mention that these three counties and all the cities in the same area will be included. Council Member Bowles stated that the City is appreciative of the efforts of Congress with regard to the Appalachian Regional Commission, and inquired as to whether there is anything more the City can do to stimulate additional interest in the Appalachian Regional Commission on the Senate side. Congressman Goodlatte advised that if the City has not already done so, it should adopt another resolution and send it to Senators Warner and Robb urging their support, and noted that he has been working very closely with both their offices to try to push this; and that the problem is a Senator from Montana who is apparently not fond of the A.R.C., and understandably from that Senator's perspective, the A.R.C. provides special development funds for about thirteen states in the eastern part of the country, with nothing comparable in his area, therefore, he has doubts as to why he should support it. Congressman Goodlatte pointed out that from his perspective, our argument is that no additional funds are being requested; that we are asking for counties which were originally designated to be a part of the A.R.C. to be allowed to do so and to compete for those existing funds; and that their primary purposes are ones that the City would be very interested in, such as development of industrial sites and roads to access those industrial sites. Mrs. Bowles expressed appreciation to Congressman Goodlatte for his assistance. Council Member Edwards asked for clarification as to which tower at the airport the Congressman had referred to earlier; whereupon, Congressman Goodlatte stated that he was referring to the radio control tower which is located as a part of the old terminal building at Roanoke Regional Airport. He advised that the old terminal building cannot be torn down to gain access to any further economic development, for example, because the tower is there; that a new location for the tower is needed, but from a safety standpoint, the F.A.A.'s regulations have indicated that based on their current standards the old terminal building in which the tower is located is too close to the runway; therefore, the terminal needs to be torn down, but this cannot be accomplished until the tower is moved to another location. Mr. Edwards also referred to the issue of transportation and discussion with regard to 1-66 and 1-73, and pointed out that something needs to be done about the road system between Roanoke and Greensboro, North Carolina. He stated that it is extremely important to continue working toward improving transportation, inasmuch as transportation is one of the most important elements or foundations for economic development; and this is something he believes the Congressman, as well as the Virginia Department of Transportation and area localities should be involved in. He expressed appreciation to Congressman Goodlatte for his assistance 3 316 to localities, and especially the City of Roanoke, making sure that the City of Roanoke is getting the with regard to transportation assistance. relative to full benefit Mr. Edwards further stated that the City of Roanoke may also need the Congressman's assistance with regard to the flood reduction program; and pointed out that as he understands it, the City ran up against a problem relating to environmental issues, and he anticipates that the City may need Congressman Goodlatte's assistance over the next two years in dealing with the Environmental Protection Agency on this very serious problem. Congressman Goodlatte inquired as to the City Manager's status in determining who is going to be liable once the City starts getting into this; whereupon, Mr. Herbert advised that the way he would characterize the concern is that it needs to be determined to what clean-up levels or standards the City is going to be required to meet, which then derives the cost of whether it can just be put in a stand alone landfill without treating it as a hazardous waste, or whether it is a hazardous waste, or some place in between; and that is what the City does not have an agreement on between the State Department of Environmental Quality and the E.P.A. He stated that the most recent meeting was a week ago between Federal and State representatives, and he has not heard the results of that meeting. The City Manager further advised that the Corps of Engineers itself is going through a debate concerning the environmental issue; that the question is being raised inside the Corps of Engineers about what is really an environmental issue to the Corps, because that waste is picked up during floods over a period of years and it is just going to be a continuing and ongoing problem for the whole river corridor, not just the Roanoke segment; that maybe it is in the best interests of the Corps to include this as part of the project costs; and although it is a minority position within the Corps of Engineers, it is a growing minority position that needs to be dealt with. Congressman Goodlatte questioned whether this minority position is something his office could help promote; whereupon, Mr. Herbert advised that it would be very helpful. With regard to the issue of transportation, Congressman Goodlatte stated that Mr. Edwards' point was very well taken. He advised with regard to the status of Interstate 73, that efforts have been very successful inasmuch as the State has taken a very strong stand, he has met with Governor Allen to push him for this, and the new Secretary of Transportation has been very aggressive in supporting this; and that support was also gained from the Transportation Committee in Congress to fund the study of what is called 1-83, running from Roanoke to North Carolina, which he believes is a very positive development. The Congressman stated that it is important to continue to push for the entire 1-73 route for two reasons, i.e., having another interstate highway running through Roanoke to North Carolina as well as to the midwest, which 4 317 iS what 1-73 going to Bluefield will give us, is far more valuable than Just the connector between Roanoke and North Carolina; but more importantly, if 1-73 goes down current 1-77 or to the route along Virginia 100 which is only ten miles parallel to current 1- 77, which Rick Boucher argues is cheaper than upgrading the tunnels on 1-77, either way those roads will be competing with the funding that we want from Roanoke to North Carolina, whereas if 1-73 is built entirely along the one route there will not be competition for interstate highway funds for the eighty percent Federal matching funds to complete either one of these roads. Congressman Goodlatte advised that he believes the objections and concerns of groups such as those on Bent Mountain, are entirely premature; that the Bent Mountain route has a lot of problems involved and there is no commitment whatsoever on anyone's part that this is where the road is going to run; that the designation by the State is five to ten miles wide, and it has a lot of leeway; and that there are other considerations, including going right through the City on 1- 581 which has its plusses and minuses, with the plus being that it makes a much better connection for Roanoke to North Carolina, and the minus being that there would be some additional traffic going right through the City. He pointed out that the problem with going across Bent Mountain is that it terminates at Boones Mill and heads down on a route that would be parallel to Route 220 from Boones Mill, and in order to get to Roanoke from Boones Mill, motorists must travel over the same roadway that poses a serious safety problem inasmuch as the route between Roanoke and Boones Mill is where the greatest number of fatal accidents occur on all of Route 220; and therefore, this is going to require some additional effort, but the project is at least ten years in the future and probably longer, given the Federal deficit. The Congressman further stated that the point now is to look ahead for economic development promise for the Roanoke Valley; that if we get splintered because of disputes over the routing before there is even any solid evidence as to where the route would be and general opposition to the road because of concerns about it going through individual backyards, there is the risk of not getting it altogether; and that he beliewes we are far enough along now that we are probably going to get the Roanoke to North Carolina segment, although he does not think it is going to be desirable to have that designated on the map but then competing with other expenditures elsewhere in order to eventually get it built. He advised that the State is continuing to take a very strong stand on the issue; that Rob Martinez is scheduled to meet with Sam Hunt, the North Carolina Transportation Secretary, in the next week; that reaching an agreement between Virginia and North Carolina on the road meeting up below Martinsville would be the key to getting this whole thing resolved; that West Virginia's highway commissioner has already indicated that they are willing to meet uS at Route 460 at Bluefield; that if West Virginia and North Carolina go along, that is where the road is going to end up being built; that the $5 million has been appropriated on the House side, but the funds need 5 318 to be approved on the Senate side; that the opportunity also exists on the Senate side to have them include the language that was requested on the House side designating where 1-73 runs; and he is confident that the chances are favorable for getting this through. Council Member-Elect Parrott asked for a clarification as to whether $350,000.00 had been appropriated to study the tower location; whereupon, Congressman Goodlatte advised that the funds had been appropriated for the study and to do the initial engineering work. Congressman Goodlatte referred to the Interstate 66 project and advised that a new alternative to connect to the east, i.e., Lynchburg, Richmond and Norfolk, would probably be the second most important transportation route after the North Carolina connection, although this is much farther down the road; that basically, the route he has proposed would go close to the Interstate 64 route; and that approval has been given on the House side for up to $8 million in funds to study the route between Beckley, West Virginia and Lynchburg. He stated that he believes this is quite a different situation than Interstate 73; that the State is fully behind the 1-73 proposal, but with the 1-66 proposal there are a number of competing alternatives running north and south through the State, and the State has not taken any position on 1-66 yet; that 1-66 may not turn out to be an interstate, but it would be desirable for it to go through this area, and he will continue to push for it; that this fund is administered by the U. S. Secretary of Transportation and that study area is the only project designated for those funds, although he would expect that the Secretary of Transportation would designate the funds to be used in other areas as well. The Congressman recommended that Council adopt a resolution supporting that particular 1-66 alternative as opposed to the route running across the State on Route 58, or running through Northern Virginia, inasmuch as Council has already expressed its initial support of that alternative. The City Manager stated that Congressman Goodlatte and his staff have been very responsive to the City, and he feels the City has good access through the Congressman and his staff people. He expressed appreciation to the Congressman for his assistance. Council Member McCadden inquired with regard to the transportation industry, whether there has been any discussion about reregulating the airline industry; whereupon, the Congressman stated that there has been talk concerning this, that the Judiciary Committee on which he serves held some anti-trust hearings last year on that very issue, but no consensus was reached, and he is not aware of any legislation that is moving along those lines. Mr. McCadden stated that it might be helpful to point out that since the industry was deregulated in October of 1979 there have been more than 120 commercial airlines that have come and gone, that 319 some of our smaller airports are being hurt, and some of the smaller cities are receiving very poor service or none at all; that he also believes the airline industry has had a lesser gain or the least amount of gain in rates based on cost of living than any other transportation industry; that low cost carriers are moving into areas, including Virginia now, and have driven prices down so low that it hurts our State; that it is really hitting hard on the East coast; and in Richmond especially, the prices have been driven down so much that airlines who have been serving this State for so long are not able to compete against these low cost carriers. Congressman Goodlatte inquired of Mr. McCadden as to whether reregulation would improve the quality of the service at the Roanoke airport, in particular with more jet service; whereupon, Mr. McCadden advised that because of the fares being driven down and because people now want more frequency, it has driven jets out of markets such as Roanoke, although Roanoke basically has some of the best air service in the country in terms of the number of flights available. The Congressman stated that he would be interested in any information Mr. McCadden comes across that would help, but he does not think reregulating would necessarily put us back to where we were before deregulation. Mr. McCadden expressed appreciation to Congressman Goodlatte for any assistance he may be able to give in this regard. Council Member Bowles inquired as to whether there is any update on AMTRAK; whereupon, Congressman Goodlatte stated that he believes a major setback has been suffered with the passing from the scene of Graham Claytor; that he made a commitment to see that the previous study r~garding the cost of adding service to Roanoke be re-done in order to determine if there is a way that projection could be lower than what was originally studied; that they are having difficulty now getting confirmation that the studies are even being done, and they have a $30 million shortfall in their current budget that was not on the table when Mayor Bowers and others met with AMTRAK last year, and so they are actually going to be cutting some routes, which concerns him greatly. He pointed out that this was difficult to sell in the beginning because of the substantial amount of subsidy that was going to be required; that there is a certain level of subsidy that can be justified based on the fact that highway travel is subsidized by virtue of the government paying to build the roads;, so having rail service here with the government paying for part of the cost could be justified, and he will continue to push to have the study done, and hopefully can get the cost down lower. He stated that something else he had discussed with Mayor Bowers was the possibility of doing a demonstration route in time for the 1996 Olympics, which seemed to be something that was a little more doable because trains could be put on the tracks without making a long-time commitment for the 7 32o capital; but before this could be done, it would be necessary to determine the condition of the rails as to whether they met passenger standards, because in view of the problems AMTRAK has had with some major high profile accidents in recent years, that needs to be the number one priority. At this point, 1:15 p.m., Council Member White entered the meeting. Mr. Dibling stated that Roanoke City Council adopted a Resolution supporting the Disney project and the General Assembly has apparently had a meeting with the Disney officials with respect to the State's contribution; that now he sees that the Congress is going to hold hearings on this, and some view this as meddling considering this is primarily an issue for the Commonwealth of Virginia; and he questioned what the role of Congress is with respect to the Disney project. Congressman Goodlatte advised that in his opinion, the Congress has no role in the project; that Governor George Allen is scheduled to speak before a Senate Committee that is reviewing this; that there are some people in Congress who are very interested in historic preservation, and he respects them; that he has a bill along with Congressman Wolf to establish a Shenandoah National Battlefield Park in a very unique way that does not allow a government to condemn privately held land, and that would be a very low cost way to promote preservation of these twelve battlefield sites located in the Shenandoah Valley; that they have enlisted and received the support of these people; that the area Disney wants to purchase or has an option to purchase is seven miles from Manassas, and the area will probably develop with housing or something else if this project does not go in, which from an economic development standpoint turning down a proposal like this would send just exactly the wrong message to anyone thinking about locating in Virginia; and that this project is nothing to compare to the Orlando Disney World project, rather the project is slightly larger, in terms of the actual theme park, than Kings Dominion or Busch Gardens in Virginia. He stated that he believes it will actually improve some of the existing transportation conditions in Northern Virginia inasmuch as it will bring about a more rapid expansion of 1-66 in that area because the traffic is likely to run counter to the rush hour traffic in Northern Virginia; and in addition, it will bring about an extension of the mass transit service in the area; and that from the overall economic development standpoint in the State, and the general public's support in the State, he believes it is a good project which should go forward, and the Federal government should not get involved. Council Member White stated that one area in which he believes the Federal government can help the State and local governments is in reducing the number of weapons that are on the streets and in the hands of young people; that he does not believe the state and local governments acting alone can do this, because guns are being 321 transported from one jurisdiction to the other; that he believes the Federal government can also help with look-alike guns and toy guns through strong Federal legislation relating to controls and limits on toy and look-alike guns as well as automatic weapons and the sale of guns. Mr. White stated the need for tighter gun control and more effective education in order to help our young people, and pointed out that any assistance the Congressman and local officials can offer to help our young people would be a good result, and all of these other issues will build from that. Council Member White further advised that he has been in contact with the Corps of Engineers with regard to the Section 88 program, and expressed the desire to discuss this program with Congressman Goodlatte; that he is personally interested in negotiating a contract and is having problems; and that although it is a good program, he believes Congress needs to look closely at the administration of the program. Congressman Goodlatte advised that he would be happy to discuss the program at Mr. White's convenience and to offer any assistance he can. With regard to the issue of gun control, Congressman Goodlatte stated that he is more than willing to help, and he believes Federal government involvement would be appropriate in terms of keeping weapons out of the hands of minors and helping the school systems keep weapons out of the schools; that he also believes the local governments are going to have to take the lead on this because individual guns are going to be in a place where the localities will have to deal with it; that trying to remove all the guns in this country ~rom the hands of people would be impossible because there are more than 300 million firearms in the country right now, and nearly one-half of the households in the country own a weapon; and while there is support for some restrictions, it is his opinion that those restrictions must be geared toward keeping weapons out of the hands of the people who are going to misuse them to commit crimes or those who are mentally unstable. He further stated that he believes the Virginia instant-check system which is in use is the foremost system of its type of any state in the United States, and the system should be brought nationally; that the system has uncovered more than 5,000 felons attempting to buy firearms, including more than 300 who were wanted by law enforcement agencies at the time they attempted to purchase firearms; that one problem with the system is if a law enforcement agency in Virginia is doing a background check on an individual purchasing a weapon through a gun shop in Roanoke, the law enforcement agency cannot find out whether that person has a felony conviction in another State; and no matter how long you wait it does not add to the ability of the law enforcement agencies to do the background check on whether a person has a record in another state unless that state is computerized and participating in the FBI clearance system. The Congressman stated that an amendment was added as a part of the Brady Bill that set the deadline at four years to have an instant-check system in place nationwide, which he 322 believes will be exceedingly helpful; and that as far as any individual legislation regarding the use of firearms by minors, he would be more than willing to help in that regard, but he is not a supporter of the idea of eliminating all guns from society. Council Member-ElectWyatt referred to Congressman Goodlatte's comments with regard to firearms control, and stated that she understands the Congressman's position as not being a supporter of the idea of eliminating all guns from society; however, in her capacity as a classroom teacher, she conducts her own informal survey each year relating to weapons, and that consistently for the past four or five years she has found that there are guns in the homes of three-fourths of the students she teaches. She stated that she teaches second grade, and the fact that these small children can readily gain access to a gun and ammunition in their own home frightens her, and she believes the safety of those children far outweighs the rights of their parents to own a gun, and that is where the real issue is. Congressman Goodlatte stated that he realizes this is an important issue, however, he believes it is the responsibility of those parents to become educated and to be held accountable, and for their children to be educated as well; that there are a lot of other dangerous things which exist in our society that we make an effort to keep out of the hands of children, and weapons definitely should be one of those; and that he supports the City's efforts to do that, but in his opinion to remove the guns entirely would not only be wrong, but would be impossible as well. Mayor Bowers expressed appreciation to Congressman Goodlatte for his willingness to meet with the Members of Roanoke City Council. The Mayor referred to the issue of unfunded mandates which was discussed at length approximately one year ago, and pointed out that the Congressmen, the National League of Cities, the Virginia Municipal League, the United States Conference of Mayors, the Governor's Association, and VACO are all saying enough is enough; and that was an issue that was kind of interesting, in that it was one of those things that starts up and is discussed and debated, and then eYentually they become matters of law, are accepted, and then you see the end of the debate; and that he is not sure we have seen the end of the debate on unfunded mandates, however we have come a long way. The Mayor expressed appreciation to the Congressman for his support in this regard. The Mayor also referred to the discussion with regard to the Appalachian Regional Commission, which he believes is of primary importance to the City of Roanoke, and noted that Congressman Goodlatte had indicated that the City Council should either adopt another Resolution, or perhaps by letter express support to 10 323 Senators Robb and Warner again. He stated that he would ask the City Attorney, with the consent of the Counc£1, to contact the Congressman's office to see whether a letter from the Mayor would be acceptable, and if not, to prepare another Resolution for Council's consideration. With regard to the transportation issue relating to 1-73 and 1-66, Mayor Bowers stated that he has heard much about regionalism and Roanoke wants to be the first with regionalism; that Roanoke was the first government in this area to come out in favor of the 1-73 proposal; and that the road may not even come through Roanoke, which is alright, but when the City then asks to make a connection to the road if it does not come through Roanoke, it is his hope that others will be joining with the City in the spirit of cooperation as well. The Mayor further stated that it does not make sense to him to have the road going west of Roanoke ten or fifteen miles, and then for the people in the most dense area of the metropolitan area to have to travel down Route 220 or out Route 419 or Starkey Road to get there, so it is his hope that it will be understood that whether it is 1-66 going north of the City through Botetourt County and Bedford, or 1-73 going southwest of the City, that Roanoke should have a direct connection through an interstate spur. The Mayor made reference to Mr. Edwards' comments with regard to flood reduction, and advised that during the United States Conference of Mayors meeting recently there was discussion about a new issue that is called brown fields. He explained that the concept is that businesses like to go out to the green fields or out in the suburbs because they don't have environmental problems out there; that many of the inner cities have brown fields, or aging industrial sites, particularly in the northern cities, which have been polluted with contaminants over the years, and they cannot do anything with them because of the environmental problem; and that a corollary to that, which affects Roanoke, is that we do not have industrial sites that cannot be used, but we have an urban river that is part of this flood reduction project and that has been, in a sense, a dumping ground over the last sixty years. The Mayor stated that this brown fields legislation is something the Environmental Protection Agency is apparently just starting with; that Mayors want to join with the E.P.A. in having the Federal government come in and help clean up the urban industrial sites, the urban brown fields or the urban waterways as well; and that may be something the City of Roanoke needs to be aware of to see if the Roanoke River in the City could be included as part of this brown field clean-up. 11 324 Finally, the Mayor referred to the discussion with regard to the airport terminal, advising that the Virginia Museum of Transportation is interested in trying to obtain the old airport control tower in order to possibly place it on top of the Transportation Museum, and he requested the Congressman's assistance in including this historical preservation issue for study. Congressman Goodlatte expressed appreciation to the Mayor and Members of Council and City Administrators for taking the time to discuss these matters of mutual interest and concern, and stated that as always, he is anxious to assist in any way he can. On behalf of the Members of City Council, Mayor Bowers presented a City -mini-clipper" to Congressman Goodlatte and Mr. Landes in appreciation for their work in the City's behalf. There being no further business, the Mayor declared the meeting adjourned at 1:40 p.m. AppROVED ATTEST: F · Mayo r Mary r City Clerk 325 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL June 20, 1994 2:00 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, June 20, 1994, at 2:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reqular Meetinqs~ of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members william White, Sr., Elizabeth T. Bowles, John S. Edwards, James G. Harvey, II, Delvis O. McCadden, Howard E. Musser and Mayor David A. Bowers ..................... 7. ABSENT: None .............................................. 0. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT-COUNCIL: Mr. White offered the following resolution recognizing and commending the meritorious service rendered to the City by the Honorable Howard E. Musser, Member, Roanoke City Council: (%32056-062094) A RESOLUTION recognizing and commending the meritorious service rendered to the City by the Honorable Howard E. Musser, Member, Roanoke City Council. (For full text of Resolution, see Resolution Book No. 56, page 211.) ACTION: Mr. White moved the adoption of Resolution No. 32056-062094. The motion was seconded by Mr. Edwards and adopted by the following vote: 326 ACTION: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, and Mayor Bowers ..................... 6. NAYS: None ....................................... O. (Council Member Musser abstained from voting.) Mrs. Bowles offered the following resolution recognizing and commending the meritorious service rendered to the City by the Honorable James G. Harvey, II, Member, Roanoke City Council: (#32057-062094) A commending the meritorious by the Honorable James G. City Council. RESOLUTION recognizing and service rendered to the City Harvey, II, Member, Roanoke (For full text of Resolution, see Resolution Book No. 56, page 212.) Mrs. Bowles moved the adoption of Resolution No. 32057-062094. The motlon was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... O. (Council Member Harvey abstained from voting.) The Mayor advised that Council Member Musser has been both tenacious and responsive in connection with issues affecting disabled citizens of the community, and he has served as the regional leader in matters relating to cable television service. Re stated that he will always remember Mr. Musser's tenaciousness in representing those who are less fortunate. The Mayor called attention to Council Member Harvey's characteristics of loyalty and compassion and referred to instances when citizens have addressed Council with issues involving animal rights during which tlmes Mr. Harvey has demonstrated great compassion. He commended Mr. Harvey for his loyalty and dedication to The Hotel Roanoke Project in his capacity as Council's liaison member and as Chair of The Hotel Roanoke Conference Center Commission. He advised that the Members of Council, the City Administration and the citizens of Roanoke are appreciative of the leadership of Council Members Musser and Harvey over the past 14 years. 327 Mr. White expressed appreciation for the servlce rendered by Council Members Harvey and Musser, advising that he has learned a great deal from their counsel and commended them for their sincerity He wished them well in their future endeavors. Mr. McCadden expressed appreciation for the counsel of Messrs. Musser and Harvey, advising that thelr experience has had an influence on how City Council conducts its business. He expressed appreciation for what they have done on behalf of not only the City of Roanoke, but the entire Roanoke Valley. Mrs. Bowles advised that it has been an honor and a privilege to serve with Council Members Musser and Harvey. Mr. Edwards expressed appreciation for the service of Mr. Musser and Mr. Harvey, for their wisdom and for their words of advice to him as the newest Member of City Council. He stated that Mr. Harvey and Mr. Musser have acted as a team, a team that has been an advocate of common sense, wisdom and a desire to insure that City Government is operated in an effective and efficient manner and because of their concerns, they will be long remembered for their service to the citizens of Roanoke. Mr. Musser expressed appreciation to the Members of Council for their kind remarks. He stated that he hopes the citizens of the City of Roanoke are aware of the strong leadership role that Mr. Harvey has played in The Hotel Roanoke Conference Center project where he has served as a strong advocate. Mr. Harvey also expressed appreciation to Council Members for their kind remarks. He advised that it has been a pleasure to work with Council and the City's administrative staff in an effort to serve the needs of the citizens of the City of Roanoke. He commended the City of Roanoke on having good and dedicated employees, advising that it has been an honor for him to serve and expressed appreciation to the citizens of the City of Roanoke for giving him the opportunity to serve on Council. CITY SHERIFF-CITY JAIL: On behalf of the Members of Council, the Mayor recognized and commended the Honorable W. Alvin Hudson, Sheriff, in connection with the City's outstanding rating for re-accreditation of the Roanoke City Jail by the American Correctional Association. 328 ACTION: ACTION: BID OPENINGS CITY SHERIFF-CITY JAIL-CITY PROPERTY-ASBESTOS REMOVAL: Pursuant to notice of advertisement for bids for asbestos abatement at the former Datasafe, Inc., and Miller, Morgan and Co. buildings located at 330 and 340 W. Campbell Avenue, said bids to be received by the City Clerk until 1:30 p.m., on Monday, June 20, 1994, and to be held, opened and read before the Council at 2:00 p.m., on that date, or as soon thereafter as the matter may be heard, the Mayor asked if anyone had any questions about the advertisement for bids, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: BIDDER BASE BID HICO, Inc. $15,500.00 WACO, Inc. 34,000.00 (For full text, see bids on file in the City Clerk's Office.) Mr. Barvey moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recommendation to Council. The motion was seconded by Mr. Musser and adopted. The Mayor appointed William White, Sr., Chairperson, william F. Clark and George C. Snead, Jr., as members of the committee. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for Executive Sessions to discuss vacancies on various authorities, boards, commissions and committees appointed by Council; and a matter with regard to disposition of publicly held property in connection with location of a prospective business when no previous announcement has been made of the business' interest in locating in the community, specifically the possible conveyance of an interest in land for economic development purposes. 329 ACTION: OATHS OF OFFICE-COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... 0. ELECTIONS: A communication from Alton B. Prillaman, Secretary, Roanoke City Electoral Board, transmitting an Abstract of Votes cast in the Democratic Primary Election held in the City of Roanoke on Tuesday, June 14, 1994, was before Council. "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the June 14, 1994, Democratic Primary Election, for: MEMBER UNITED STATES SENATE NANCY B. SPANNAUS 67 VIRGIL H. GOODE, JR. 2,205 CHARLES S. ROBB 3,731 SYLVIA L. CLUTE 367 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 14, 1994, do hereby certify that the above is a true and correct Abstract of Votes cast at said Democratic Primary Election for Member of the Senate in the Congress of the United States. 330 ACTION: ACTION: ACTION: Given under our hands this 15th day of June, 1994. A copy teste: Electoral Board [SEAL] S/Gilbert E. Butler, Jr., Chairman S/Charles T. Green, Vice Chairman S/Alton B. Prlllaman, Secretary S/Alton B. Prillaman, Secretary, Electoral Board Mrs. Bowles moved that the communication and Abstract of Votes be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS cOMMISSION: A report of qualification of David Hill as a member of the Roanoke Arts Commission, for a term ending June 30, 1995, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... 0. OATHS OF OFFICE-COMMITTEES-YOUTH: A report of qualification of S. Elaina Duckett as a member of the Youth Services Citizen Board, for a term ending May 31, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: 331 ACTION: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... CITY MANAGER-COUNCIL: A report of the City Manager requesting that Council meet in Executive Session to discuss a matter with regard to disposition of publicly held property in connection with location of a prospective business when no previous announcement has been made of the business' interest in locating in the community, specifically the possible conveyance of an interest in land for economic development purposes, pursuant to Section 2.1-344(A)(3) and Section 2.1-344 (A)(5), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to disposition of publicly held property in connection with the location of a prospective business when no previous announcement has been made of the business' interest in locating in the co~ununit¥, specifically the possible conveyance of an interest in land for economic development purposes, pursuant to Section 2.1-344(A)(3) and Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: 332 YOUTH-PARKS AND RECREATION: The Director of Public Safety, George C. Snead, Jr., presented an oral briefing on the 1994 Youth Summit. He advised that in 1992 the process was started with a meeting at the Roanoke Civic Center where several hundred citizens discussed issues involving youth, that four basic areas of concern were earmarked, and the following four programs were established to address those concerns= The Stars Come Out at Night Adventures in the Parks Teenage Special Events Summer Jobs and Interns Mr. Snead advised that in the summer of 1992, a two day DARE Program was held in a City park; that in the summer of 1993, Council provided substantially more funds and the fifth program, the DARE Camp, was established and sponsored by the Police Department and the Parks and Recreation Department. Officer Steven B. Dalton, Police Officer participating in the DARE Program, advised that the 1994 DARE Camp will be composed of two four day, three night programs for rising sixth grade students who have successfully completed the fifth grade DARE program, with the desired goal to improve self-esteem, increase ability to resist peer pressure and provide better decision making skills. He stated that the DARE program offers alternatives to drug use and in the process enables students to become better role models at their respective middle schools. He added that the first DARE Camp was held in 1992 consisting of one two day camp serving a total of 48 children that was held in a Roanoke City park; that in 1993, the Camp was expanded to four sessions for four days each serving 96 children, which was a day camp held in multiple locations such as the National Forest, Smith Mountain Lake and the New River in Blacksburg. He stated that in 1994, 300 campers will utilize the facilities at the 4-H Center in Wirtz, Virginia on Smith Mountain Lake, and by using the 4-H Center facilities, the Camp will accommodate three times the number of student campers and offer more activities at less cost, and the event will culminate with a dinner and camp graduation for campers, their parents and staff. 333 Marion Vaughn-Howard, Youth Planner, addressed the Job Training and Intern Program which served 42 young people in 1993 and over 122 youth are proposed to be served in 1994. She explained that youth will have an opportunity to participate in training activities dealing with the world of work; and 45 jobs are available in the private sector that were developed as a result of efforts by the City Manager who addressed the business community with regard to employing young people. She explained that this year, the program will involve an evaluation process to enable young people to be both pre and post tested to determine what they learned and how they involved themselves in the world of work. John W. Coates, Manager, Department of Parks and Recreation, advised that the Adventures in the Parks Program, now in its third year, is focused on youth 12 years of age, and is designed to develop social skills, improve self-image and provide positive recreational experiences. He stated that other programs to be offered are arts and crafts, group games, trips to the swimming pools, and a new program which will be focused on environmental issues through the use of games and other activities. He added that the goal is to insure that young people, when they leave the program are able to structure some of their leisure time while they are not already in a structured environment. He stated that the program will be held in eight different City parks from 8:30 a.m. until 12:00 noon, MondaH through Friday. Mr. Coates addressed the Special Events Program which is another returning program targeted toward middle school children, ages 11 - 13, and high school children, ages 14 - 18, which will consist of eight pool parties throughout the summer, five for older youth and three for the younger age groups. He stated that the program started last week with twO pool parties and a total attendance of 550. He advised that for this age group, adventure based programs will be held throughout the fall and winter such as rock climbing, caving trips, and hiking trips, etc. Mr. Coates advised that the Stars Come Out at Night Program is focused on youth, ages 12 - 17, and began as an athletic oriented program which is now being expanded to offer alternative programs and group programs, etc., and will be held at six different locations this year. 334 Mr. Coates referred to a new program recently established, "the Midnight Basketball Program" which is conducted in partnership with the City and the YMCA to be held at the Jefferson Gym that is designed to focus on young adults, ages 18 - 23, and is patterned after successful programs in Baltimore, Chicago and Los Angeles. He advised that the goal of the program is to provide a safe, structured environment to address young people when they still have considerable energy late at night, 11:00 p.m., until 2:00 a.m., which is a time when there are few positive activities in which to engage. He added that midnight basketball will be held on Thursday through Saturday nights beginning in July 1994; and it is a pilot program that is hoped to expand into the winter months with volleyball and other activities. He explained that while young people are in this captive environment, life skills training will be taught by citizens from the community who will address such issues as AIDS awareness, how to balance a checkbook, how to complete a job application, etc. Mr. Coates advised that the Department of Parks and Recreation looks forward to continuing its efforts to expand youth programs with available resources in order to address many more of the leisure needs of Roanoke's youth population. Without objection by Council, the Mayor advised that the briefing would be received and filed. At 3:00 p.m., the Mayor declared the meeting in recess. At 3:10 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. ITEMS RECOMMENDED FOR ACTION: BUDGET-TOTAL ACTION AGAINST POVERTY-HOTEL ROANOKE CONFERENCE CENTER-MINORITY/WOMEN OWNED BUSINESSES- VIRGINIA TECH: The City Manager submitted a written report advising that the Contract for Services with Total Action Against Poverty for Alvin Nash to serve as Small Business/Minority Contracting Coordinator to the Hotel Roanoke and the Conference Center was approved by Council on April 17, 1993, pursuant to Resolution No. 31417- 041793; that the contract was originally executed for the period May 1, 1993 through October 30, 1993; and $3.4 million, or 15 per cent of project cost, has been awarded to local minority and women-owned businesses. 335 ACTION: It was further advised that at the direction of the City Manager, the contract period was extended from October 30, 1993 through March 30, 1994, at which time services provided by the consultant were completed; and an amendment to the Community Development Block Grant Agreement with Total Action Against Poverty is necessary to provide for the extended time period and to increase the contract amount from $30,942.00 to $51,639.00 to cover additional costs for the consultant's salary, fringe benefits and other necessary expenditures. The City Manager recommended that he be authorized to execute a Community Development Block Grant contract amendment with Total Action Against Poverty; and authorize the Director of Finance to transfer $13,270.00 in CDBG Account No. 035-092-9230-5135 to CDBG Account No. 035-092-9215-5010, and transfer $3,998.00 from CDBG Account No. 035-093-9330-5135 to CDBG Account No. 035- 093-9315-5010. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#32058-062094) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 214.) Mr. White moved the adoption of Ordinance No. 32058- 062094. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... 0. Mr. White offered the following resolution: (#32059-062094) A RESOLUTION authorizing the execution of Amendment No. 1 to the City's Contract with Total Action Against Poverty (TAP), for additional consulting services relating to the Hotel Roanoke and Conference Center project. (For full text of Resolution, see Resolution Book No. 56, page 215.) 336 ACTION: Mr. White moved the adoption of Resolution NO. 32059-062094. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... 0. BUDGET-CLERK OF COURTS-CIRCUIT COURT-CITY EMPLOYEES: The City Manager submitted a written report advising that the Virginia General Assembly approved the addition of Circuit Court Judges during the 1994-95 budget session; that the Twenty-Third Judicial District, which covers Roanoke City, Roanoke County and the City of Salem, was allocated one additional Circuit Court Judgeship; that each Circuit Court Judge has one secretary who is responsible for administrative duties of each ~udge, and at present, no position is available for the new Circuit Court Judge; and with an additional court in session, a Deputy Clerk position will be required to attend court whenever the judge is presiding, however, current staffing levels will not allow such to be accomplished using existing personnel. The City Manager recommended that the Director of Finance be authorized to increase Circuit Court Clerk Fee revenues by $41,039.00 (Revenue Account No. 001-020-1234- 0815); and appropriate the following funds for one additional Judicial Secretary and one additional Deputy Clerk in the office of the Clerk of Circuit Court: Circuit Court Clerk of Circuit Court Regular Employee Salaries FICA Retirement Life Insurance Health Insurance Dental Insurance Recovered Costs (Roanoke County-40 percent, City of salem-12 per cent) $26,332.00 $18,618.00 2,014.00 1,424.00 3,244.00 2,294.00 92.00 65.00 2,220.00 2,220.00 98.00 98.00 17,680.00) $16,320.00 $24,719.00 Total (For full text, Office.) see report on $41~039.00 file in the City Clerk's 337 ACTION: Mr. Musser offered the following emergency budget ordinance: (%32060-062094) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 215.) Mr. Musser moved the adoption of Ordinance No. 32060-062094. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Bowies, Edwards, Harvey, McCadden, Musser and Mayor Bowers ............... 7. NAYS: None ...................................... 0. BUDGET-BRIDGES-CAPITAL IMPROVEMENTS PROGRAM-STREETS AND ALLEYS: The City Manager submitted a written report advising that $57,915.00 exists in Account No. 001-004- 9310-9508, Transfers to Capital Projects Fund, which is designated for the Bridge Maintenance Program; that the Hollins Road Bridge over Lick Run was scheduled for repairs and bids were received on May 9, 1994, however, the low bid exceeded the budget and attempts were made to negotiate a cost reduction; that when negotiations failed, the City was forced to reject the bid, modify the project and readvertise in January 1995; and it is imperative that the $57,915.00 be transferred to the Capital Improvement Reserve - Streets and Bridges Account, in order for the funds to continue to be available for the program. The City Manager recommended that Council appropriate $57,915.00 from existing funds in Account No. 001-004-9310-9508, Transfers to Capital Projects Fund, to Account No. 008-052-9575-9181, Capital Reserve Account - Streets and Bridges. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: 338 ACTION: (#32061-062094) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 217.) Mr. McCadden moved the adoption of Ordinance No. 32061-062094. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... BUDGET-REFUSE COLLECTION-PUBLIC WORKS-ROANOKE V~LT.EY RESOURCE AUTHORITY: The City Manager submitted a written report advising that the adopted budget for Solid Waste Management for fiscal year 1993-94 was prepared based on several financial assumptions regarding the cost of operating refuse disposal programs, as follows: estimated tons of refuse to be disposed of at the Roanoke Valley Resource Authority during fiscal year 1993-94 would be 43,000 tons; payment request for materials disposed of at the Resource Authority in previous budget years would continue to be received and processed for payment on a monthly basis; and front loading bulk containers owned by the City would continue to be serviced by contract from private a vendor at no additional cost. It was further advised that major natural occurrences that could not have been planned, i.e., major windstorms and ice storms that occurred on June 4, 1993, February 10 and March 3, 1994, caused extensive tree damage on private properties and public rights-of- way; and approximately 5,000 tons of debris were collected and mulched using a rental tub-grinder and front-end loader. It was explained that financial assumptions upon which the budget for operating refuse disposal programs was prepared changed during the fiscal year as follows: 339 The number of tons of refuse disposed of at the Resource Authority exceeded the budget estimate by 1,000 tons, with severe weather being a major contributing factor, at a cost of $30.00 per ton, or $30,000.00. A payment request for materials disposed of at the Resource Authority was changed from monthly billing to weekly billing on July 1, 1993. The fiscal year 1993-94 budget will reflect disposal charges for a 13-month cycle, for an additional month charge of $78,000.00. A new front loading bulk container contract for dumping of the 39 City-owned dumpsters was awarded in October 1993. The contract cost increased $18,000.00 annually due to refuse disposal rate increases established by the Roanoke Valley Resource Authority. It was explained that City employees continue to mulch tree debris resulting from windstorms and ice storms utilizing a rented tub-grinder; and the cost has exceeded the appropriation for equipment rental by $27,000.00 The City Manager recommended that Council authorize the transfer of $153,000.00 from the following accounts: Solid Waste Management (Recycling) Street Lighting Building Maintenance Snow Removal Street Maintenance Street Maintenance Street Maintenance 001-052-4211-2010 $ 75,000.00 001-052-4150-2022 001-052-4330-3056 001-052-4140-2045 001-052-4110-3055 001-052-4110-3005 001-052-4110-2038 23,000.00 20,000.00 3,000.00 9,000.00 10,000.00 13~000.00 Total $153,000. 00 To Solid Waste Management Refuse Account No. 001-052-4210-2010 Account No. 001-052-4210-3070 Total budget accounts: $126,000.00 27~000.00 $153,000.00 (For full text, see report on file in the City Clerk's Office.) 340 ACTION: Mr. Harvey offered the following emergency budget ordinance: (#32062-062094) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 218.) Mr. Harvey moved the adoption of Ordinance No. 32062-062094. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... 0. ZONING-HOUSING/AUTHORITY-PLANNING-ECONOMIC DEVELOPMENT-STREETS AND ALLEYS: The City Manager submitted a written report advising that between 1980 and 1990, the population of the City of Roanoke decreased by 3.7 per cent; that during the ten year period, the proportion of owner-occupied housing declined by 2.8 per cent; that the 1990 Census indicated that 10.5 per cent of the City's owner-occupied housing units have a value of more than $100,000.00, and 76.5 per cent of the housing units in the City are more than 20 years old; that the City has a long and successful history of maintaining and improving housing conditions for its sizeable proportion of low and moderate income citizens; and on November 8, 1993, Council requested a comprehensive strategy for ensuring the availability of a balanced housing market to meet the desires and needs of all of the City's existing and future residents. It was further advised that the City Administration has met with representatives of the development co~munity, including homebuilders and realtors, seeking input for the preparation of a market-rate housing strategy; that a plan has been prepared as a first step in a long-range strategy; and over a period of time, different activities and projects will evolve, however, the initial plan includes the following key elements: creation of an organizational unit within the City Administration whose mission is to concentrate on market rate housing, the relationship with the City of Roanoke Redevelopment and Housing Authority to be coordinated for maximum effectiveness; 341 ACTION: evaluation of the City's Zoning Ordinance to protect predominantly single-family residential areas and to discourage the conversion of existing single-family housing units to multi-family and commercial uses; provision for additional financial incentives to developers for infrastructure improvements associated with market-rate housing; revision of existing regulations and procedures relating to opening of existing undeveloped streets, allowing subdivisions on existing private streets, and expediting development reviews; availability of information regarding vacant land suitable for market-rate housing development; recognition of the development community for its contributions to making Roanoke the "Best Place to Live and Work in the South"; and development of a marketing plan to insure that existing and prospective residents of the City understand the significant advantages of living in Roanoke. The City Manager recommended that Council concur in the Market-Rate Housing Strategy as the initial plan, advising that the City Administration will refine specific actions required to implement the plan and bring recommendations to Council for authorization as necessary. text, see report on file in the City Clerk's Mrs. Bowles moved that Council concur in the recommendation and receive and file the report. The motion was seconded by Mr. McCadden and unanimously adopted. BUDGET-BRIDGES-CONSULTANTS REPORTS: The City Manager submitted a written report advising that the Walnut Avenue Bridge over the Roanoke River was built in the 1890's; that the bridge was raised in the 1920's to match the grade of the new bridge over the railway tracks; that the last major work was performed in 1977 (For full Office.) 342 when the bridge was painted; that inspection of the bridge ls made on an annual basis, and in the last several years, inspection has determined that the major components of the bridge are in marginal or poor condition; that a load rating analysis was performed in November 1993, at which time the posted limit was reduced from ten tons to eight tons, which reduction limits the use of the bridge; and further deterioration of the bridge could again reduce the load limit, or result in closure of the bridge to traffic, which is expected to happen within two years if the bridge is not reinforced or replaced. It was further advised that it is estimated to restore the bridge to full service with no weight restrictions will cost $1.35 million and to restore the structure to a ten ton load limit will cost $150,000.00; that deterioration will continue until the load limit will again be reduced to eight tons in two years, which will require $200,000.00 to again restore the bridge to ten tons; that it would be more economically feasible to replace the bridge now and save over $1.0 million in continuing maintenance costs during the 25 year life of the new bridge; and the alternative is to replace the bridge at an estimated $1.35 million now and save continuous maintenance costs. The City Manager recommended that he be authorized to execute Amendment No. 1, in the amount of $176,600.00, to the Agreement for Consultant Services with Mattern & Craig, Inc., dated August 6, 1992, pursuant to Ordinance No. 31164-082492, in a form to be approved by the City Attorney, for a new contract amount of $294,600.00; and appropriate $176,600.00 to Capital Projects Fund Account No. 008-052-9684-9055, Walnut Avenue Bridge Replacement Design. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#32063-062094) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 219.) 343 ACTION: ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32063-062094. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... 0. Mrs. Bowles offered the following resolution: (#32064-062094) A RESOLUTION authorizing the execution of an amendment to the City's contract with Mattern & Craig, Inc., for additional engineering services in connection with the Walnut Avenue Bridge over Roanoke River. (For full text of Resolution, see Resolution Book No. 56, page 220.) Mrs. Bowies moved the adoption of Resolution No. 32064-062094. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... 0. DIRECTOR OF FINANCE: BUDGET-CAPITAL iMPROVEMENTS PROGRAM: The Director of Finance submitted a written report with regard to the closeout of certain accounts for completed capital projects, advising that capital projects of all types have been approved by Council for construction over the past years, with projects including construction in major categories for buildings, parks, highwayS, sanitary sewers and storm drains; that funding is established for each project when Council approves construction based on bids for the various construction costs, as well as extra funding for possible contingencies} and completed projects have relatively small amounts of contingency funds remaining after final bills are paid inasmuch as most projects are completed within established budgets. 344 ACTION: The Director of Finance recommended that he be authorized to closeout certain completed capital projects and transfer funds into appropriate capital accounts as set forth in a proposed budget ordinance. (For full text, see report on file in the City Clerk's Office.) Mr. Musser offered the following emergency budget ordinance: (#32065-062094) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 220.) Mr. Musser moved the adoption of Ordinance No. 32065-062094. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... 0. BUDGET-CAPITAL IMPROVEMENTS PROGRAM-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The Director of Finance submitted a written report advising that the City's general obligation bond issue included $13.8 million for the Roanoke Conference Center Project; that an appropriation is required on the City's financial records to complete accounting for the transaction in fiscal year 1993-94, which adjustment is to reflect the bond proceeds of $13.8 million as received in the Capital Projects fund and passed through to the Roanoke Conference Center Commission Fund only; that said funds were previously appropriated in the Conference Center Fund; and said appropriation is intended for generally accepted accounting purposes only and does not increase funding for the project. The Director of Finance recommended that Council concur in the appropriation of $13.8 million to an account to be established in the Capital Projects Fund to reflect the transfer of funding previously appropriated to the Conference Center Commission Fund. (For full text, see report on file in the City Clerk's Office.) 345 ACTION: Mr. Harvey offered the following emergency budget ordinance: (%32066-062094) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 223.) Mr. Harvey moved the adoption of Ordinance No. 32066-062094. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... 0. REPORTS OF COMMITTEES: BUDGET-PUBLIC WORKS-COMMONWEALTH OF VIRGINIA BUILDING: Council Member William White, Sr., Chairperson of a committee appointed by the Mayor to tabulate bids received to remove the wooden windows on the north and west elevations of the Commonwealth Building and to replace said windows with aluminum windows, presented a written report on behalf of the Committee, recommending that Council approve the following actions: authorize the City Manager to enter into a contract with American Door & Glass, Inc., in the amount of $107,641.00, and 60 consecutive calendar days for completion of the work; transfer funds from Building Maintenance Fixed Assets, Account No. 001-052-4330-3057, to a Capital Projects Fund account, as follows: Contract Amount Contingency $107,641.00 2r359.00 Total $110,000.00 reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Committee. (For full text, see reports on file in the City Clerk's Office.) 346 ACTION: ACTION: Mr. White offered the following emergency budget ordinance: (#32067-062094) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General and Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 224.) Mr. White moved the adoption of Ordinance No. 32067- 062094. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... 0. Mr. White offered the following emergency ordinance: (#32068-062094) AN ORDINANCE accepting the bid of American Door & Glass, Inc., for the replacement of windows in the Commonwealth Building, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 225.) Mr. White moved the adoption of Ordinance No. 32068- 062094. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... 0. BUDGET-PUBLIC WORKS-MUNICIPAL BUILDING: Council Member William White, Sr., Chairperson of a committee appointed by the Mayor to study the one bid received by the City to provide and install a new podium roof membrane at the Municipal Building, presented a written report on behalf of the Committee, recommending that Council approve the following actions: 347 ACTION: authorize the City Manager to enter into a contract with Consolidated Industrial Roofing, Inc., in the amount of $27,600.00, and 60 consecutive calendar days for completion of the work; transfer $32,500.00 from Building Maintenance Fixed Assets, Account No. 001-052-4330-3057, to a Capital Projects Fund account, as follows: Contract Amount $ 27,600.00 Contingency 2,400.00 Funding to procure new plants, shrubs, top soil for the existing plant boxes 2,500.00 Total $ 32,500.00 The City Manager submitted a written report concurring in the reco~m~endation of the Committee. (For full text, Office.) Mr. White ordinance: see reports on file in the City Clerk's offered the following emergency budget (#32069-062094) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General and Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 226.) Mr. White moved the adoption of Ordinance No. 32069- 062094. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... 0. Mr. White offered the following resolution: 348 ACTION: (#32070-062094) A RESOLUTION accepting the bid of Consolidated Industrial Roofing, Inc., to provide and install a new podium roof membrane at the Municipal Building, upon certain terms and conditions, and awarding a contract therefor; and authorizing the proper City Officials to execute the requisite contract for such work. (For full text of Resolution, see Resolution Book No. 56, page 227.) Mr. White moved the adoption of Resolution No. 32070-062094. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... 0. UNFINISHED BUSINESS: None. INTRODUCTION ~ CONSIDERATION OF ORDINANCES AND RESOLUTIONS: TRAFFIC-STATE HIGHWAYS-PLANNING-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH-CONSULTANTS REPORTS- STREETS AND ALLEYS: Ordinance No. 32007 approving an agreement between the City and the Virginia Department of Transportation for the widening and realignment of Wells Avenue, N. E., within the City limits, and providing for allocation of the City's share of the project cost, in the amount of $775,580.24 of the total estimated project construction cost of $2,244,386.00 and pursuant to certain terms and conditions as more specifically set forth in a report of the City Manager under date of May 23, 1994, having previously been before the Council for its first reading on Monday, May 23, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. Harvey offering the following for its second reading and final adoption: (#32007-062094) AN ORDINANCE approving an agreement between the City and the Virginia Department of Transportation for the widening and realignment of Wells Avenue, N. E.; providing for the allocation of the City's share of the project cost; and authorizing execution of said agreement on behalf of the City. (For full text of Ordinance, see Ordinance Book No. 56, page 199.) 349 ACTION: ACTION: Mr. Harvey moved the adoption of OrdinanGe No. 32007-062094. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... 0. ZONING: Ordinance No. 32032 rezoning two tracts of land located on the north side of Maddock Avenue, N. E., between williamson Road and Courtland Avenue, identified as Official Tax Nos. 3080901 and 3080902, from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District, as more fully set forth in the petition, having previously been before the Council for its first reading on Monday, June 13, 1994, read and adopted on its first reading and laid over, was again before the body, Mrs. Bowles offering the following for its second reading and final adoption: (#32032-062094) AN ORDINANCE to amend Section 36.1- 3, Code of the City of Roanoke (1979), as amended, and sheet No. 308, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 56, page 200.) Mrs. Bowles moved the adoption of Ordinance No. 32032-062094. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... 0. ZONING: Ordinance No. 32033 rezoning two tracts of land, one located at the northwest intersection of 4th Street and Mountain Avenue, S. E., and the other located at the southwest intersection of the same intersection, and identified as Official Tax Nos. 4021001 and 4020326, from LM, Light Manufacturing District, to C-2, General Commercial District, subject to proffers set out in a second amended petition filed on June 1, 1994, having previously been before the Council for its first reading on Monday, June 13, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. White offering the following for its second reading and final adoption: 350 ACTION: ACTION: (#32033-062094) AN ORDINANCE to amend Section 36.1- 3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 56, page 201.) Mr. White moved the adoption of ordinance No. 32033- 062094. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... 0. STREETS AND ALLEYS: Ordinance No. 32034 permanently vacating, discontinuing and closing that section of Mountain Avenue, S. E., bounded on the west by the right- of-way of Interstate 581 and U.S. 220, on the east by the western line of the right-of-way of 4th Street, S. E., on the south by the northern boundary of Official Tax No. 4021001, and on the north by the southern boundary of Official Tax No. 4020326, having previously been before the Council for its first reading on Monday, June 13, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. McCadden offering the following for its second reading and final adoption: (#32034-062094) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 56, page 202.) Mr. McCadden moved the adoption of Ordinance No. 32034-062094. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... 0. 351 ACTION: STREETS AND ALLEYS: Ordinance No. 32035 permanently vacating, discontinuing and closing all of that certain public right-of-way of Wells Avenue, N. E., between the western side of Commonwealth Avenue and the eastern side of Jefferson Street, having previously been before the Council for its first reading on Monday, June 13, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. Harvey offering the following for its second reading and final adoption: (%32035-062094) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, page 205.) see Ordinance Book No. 56, Mr. Harvey moved the adoption of Ordinance No. 32035-062094. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members White, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... 0. CITY CODE-ZONING-ARCHITECTURAL REVIEW BOARD: Ordinance No. 32036 providing for certain amendments to Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, such amendments to expedite the review and approval of certificates of appropriateness for approval of construction activities in the historic and preservation districts and to establish a new neighborhood design district to encourage compatible new construction in areas having historic or unique architectural value, having previously been before the Council for its first reading on Monday, June 13, 1994, read and adopted on its first reading and laid over, was again before the body, Mrs. Bowles offering the following for its second reading and final adoption: (%32036-062094) AN ORDINANCE amending S36.1-641, Powers generally, by adding new subsection (f); and S36.1-642, Review procedure, by amending subsection (a), of Division 2, Architectural Review Board, of Article VII, Administration; and creating new Subdivision G, ND_~t Neiqhborhood Design District, to Division 5, S~ecial District Requlations, of Article III, District Regulations, by adding new ~36.1-388, Intent; ~36.1-389, 352 ACTION: ACTION: Desiqnation; §36.1-390, Application of the district; ~36.1-391, Design district regulations; S36.1-392, Procedure for obtaining a zoninq permit; S36.1-393, Standards for new construction; and S36.1-394, Appeals, of Chapter 36.1, Zoning, Of the Code of the City of Roanoke (1979), as amended, such amendments to expedite the review and approval of certificates of appropriate- ness for approval of construction activities in the historic and preservation districts and to establish a new neighborhood design district to encourage compatible new construction in areas having historic or unique architectural value. (For full text of Ordinance, see Ordinance Book No. 56, Page 207.) Mrs. Bowles moved the adoption of Ordinance No. 32036-062094. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members white, Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 7. NAYS: None ....................................... 0. MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: PARKS AND RECREATION-DECEASED PERSONS: The Mayor requested that the City Attorney prepare the proper measure memorializing the late M. Carl Andrews. OTHER HEARINGS OF CITIZENS: None. At 3:35 p.m., the Mayor declared the meeting in recess. At 4:45 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Members Edwards and Harvey. COUNCIL: With respect to the Executive Session just concluded, Mr. Musser moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any 353 ACTION: Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Bowles, McCadden, Musser and Mayor Bowers ................................ 5. NAYS: None ....................................... 0. (Council Member Edwards left the meeting following the Executive Session.) (Council Member Harvey was out of the Council Chamber.) OATNS OF OFFiCE-COMMITTEES-LIBRARIES: The Mayor advised that the three year terms of Caroline M. Brown, Rochelle S. Nolan and Frank J. Eastburn as members of the Roanoke Public Library Board will expire on June 30, 1994, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the names of Caroline M. Brown, Rochelle S. Nolan and Frank J. Eastburn. There being no further nominations, Ms. Brown, Ms. Nolan and Mr. Eastburn were reelected as members of the Roanoke Public Library Board, for terms of three years each, ending June 30, 1997, by the following vote: FOR MS. BROWN, MS. NOLAN AND MR. EASTBURN: Council Members White, Bowles, Harvey, McCadden, Musser and Mayor Bowers ....................................... 6. (Council Member Edwards was absent.) OATHS OF OFFiCE-COMMITTEES-ROANOKE ARTS cOMMISSION: The Mayor advised that the three year terms of Ann L. Weinstein, Mark Scala and Harriett M. stokes as members of the Roanoke Arts Commission will expire on June 30, 1994, that Ms. Stokes has declined to serve another term, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the names of Ann L. Weinstein and Mark Scala. There being no further nominations, Ms. Weinstein and Mr. Scala were reelected as members of the Roanoke Arts Commission, for terms of three years each, ending June 30, 1997, by the following vote: 354 ACTION: ACTION: ACTION: FOR MS. WEINSTEIN AND MR. SCALA: Council Members White, Bowles, Harvey, McCadden, Musser and Mayor Bowers ......................................... 6. (Council Member Edwards was absent.) OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised that the four year terms of LaVerne B. Dillon and Malcolm C. Boggs as members of the Virginia Western Community College Board of Directors will expire on June 30, 1994, that Mr. Boggs has declined to service another term, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the name of LaVerne B. Dillon. There being no further nominations, Ms. Dillon was reelected as a member of the Virginia Western Community College Board of Directors, for a term of four years, ending June 30, 1998, by the following vote: FOR MS. DILLON: Council Members White, Bowles, Harvey, McCadden, Musser and Mayor Bowers ............. 6. (Council Member Edwards was absent.) OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT: The Mayor advised that the three year terms of Elizabeth S. Doughty, Kenneth L. Prickitt and William F. Hawkins as members of the Economic Development Commission will expire on June 30, 1994, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the names of Elizabeth S. Doughty and Kenneth L. Prickitt. There being no further nominations, Ms. Doughty and Mr. Prickitt were reelected as members of the Economic Development Commission, for terms of three years each, ending June 30, 1997, by the following vote: FOR MS. DOUGHTY AND MR. PRICKITT: Council Members White, Bowles, Harvey, McCadden, Musser and Mayor Bowers .......................................... 6. (Council Member Edwards was absent.) 355 ,! ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-FIRE DEPARTMENT: The Mayor advised that the four year term of Harry F. Collins, Jr., and Corbin C. Wilson as members of the Board of Fire Appeals will expire on June 30, 1994, that Mr. Wilson has declined to serve another term, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the name of Marry F. Collins. There being no further nominations, Mr. Collins was reelected as a member of the Board of Fire Appeals, for a term of four years, ending June 30, 1998, by the following vote: FOR MR. COLLINS: Council Members White, Bowles, Harvey, McCadden, Musser and Mayor Bowers .............. 6. (Council Member Edwards was absent.) OATHS OF OFFICE-COMMITTEES-CELEBRATIONS-SPECIAL EVENTS: The Mayor advised that the one year terms of Greg Feldmann, Catherine Fox, Pearl Fu, William R. Hackley, Sr., Peter R. Lampman, Sabrina T. Law, Estelle H. McCadden, Samuel G. Oakey, II, Elizabeth Poff, Gary C. Walker, Allen T. Wilson, Donnovan M. Young, James C. Butler and Samuel A. Garrison, III, as members of the Special Events Committee will expire on June 30, 1994, that Mr. Butler has declined to serve another term, and called for nominat~ons to fill the vacancies. Mrs. Bowles placed in nomination the names of Greg Feldmann, Catherine Fox, Pearl Fu, William R. Hackley, Sr., Peter R. Lampman, Sabrina T. Law, Estelle H. McCadden, Samuel G. Oakey, II, Elizabeth Poff, Gary C. Walker, Allen T. Wilson and Donnovan M. Young. There being no further nominations, Ms. Fox, Ms. Fu, Ms. Law, Ms. McCadden, Ms. Poff and Messrs. Feldmann, Hackley, Lampman, Oakey, Walker, Wilson and Young were reelected as members of the Special Events Committee, for terms of one year each, ending June 30, 1995, by the following vote: FOR MS. FOX, MS. FU, MS. LAW, MS. MCCADDEN, MS. POFF AND MESSRS. FELDMANN, HACKLEY, LAMPMAN, OAKEY, WALKER, WILSON AND YOUNG: Council Members White, Bowles, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. (Council Member Edwards was absent.) 356 ACTION: ACTION: ACTION= Inasmuch as Peter R. Lampman and Donnovan M. Young are not residents of the City of Roanoke, Mr. McCadden moved that the City residency requirement for persons serving on authorities, boards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Mr. White and adopted. OATHS OF OFFICE-COMMITTEES-CITIZENS SERVICES COMMITTEE: The Mayor advised that the one year terms of Raleigh Campbell, Frank W. Feather, Stanley R. Hale, Bernice F. Jones, Harold P. Kyle, Alphonso McCaln and Glenn D. Radcliffe as members of the Citizens Services Committee will expire on June 30, 1994, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the names of Raleigh Campbell, Frank W. Feather, Stanley R. Hale, Bernice F. Jones, Harold P. Kyle, Alphonso McCain and Glenn D. Radcliffe. There being no further nominations, Miss Jones and Messrs. Campbell, Feather, Hale, Kyle, McCain and Radcliffe were reelected as members of the Citizens Services Committee, for terms of one year each, ending June 30, 1995, by the following vote: FOR MISS JONES AND MESSRS. CAMPBELL, FEATHER, H;tLE, KYLE, MCCAIN AND RADCLIFFE: Council Members White, Bowles, Harvey, McCadden, Musser and Mayor Bowers ..... 6. (Council Member Edwards was absent.) Inasmuch as Raleigh Campbell is not a resident of the City of Roanoke, Mr. McCadden moved that the City residency requirement for persons serving on authorities, boards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Mr. White and adopted. OATHS OF OFFICE-COMMITTEES-PARKS AND RECREATION: The Mayor advised that the one year terms of Frances S. Boon, Betty C. Winfree, Robert N. Fishburn, L. Thompson Hanes, Carl H. Kopitzke and Ralph K. Smith as members of the Mill Mountain Development Committee will expire on June 30, 1994, that Ms. Boon has declined to serve another term, and called for nominations to fill the vacancies. 357 ACTION: ACTION: Mrs. Bowles placed in nomination the names of Betty C. Winfree, Robert N. Fishburn, L. Thompson Hanes, Carl H. Kopitzke and Ralph K. Smith. There being no further nominations, Ms. Wlnfree and Messrs. Fishburn, Hanes, Kopitzke and Smith were reelected as members of the Mill Mountain Development Committee, for terms of one year each, ending June 30, 1995, by the following vote: FOR MS. WINFREE AND MESSRS. FISHBURN, HANES, KOPITZKE AND SMITH: Council Members White, Bowles, Harvey, McCadden, Musser and Mayor Bowers ............. 6. (Council Member Edwards was absent.) OATHS OF OFFICE-COMMITTEES-FLOOD REDUCTION/CONTROL: The Mayor advised that the one year terms of Robert H. Bennett, Jr., Lucian Y. Grove, Read A. Lunsford, Edgar V. Wheeler, James F. Williams, Terry N. Grimes, Kathy S. Hill, Samuel J. Krisch, II, and Harold L. shaffer as members of the Flood Plain committee will expire on June 30, 1994, that Mr. Grimes and Mr. Krisch have declined to serve another term, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the names of Robert H. Bennett, Jr., Lucian Y. Grove, Read A. Lunsford, Edgar V. Wheeler and James F. Williams. There being no further nominations, Messrs. Bennett, Grove, Lunsford, Wheeler and Williams were reelected as members of the Flood Plain Committee, for terms of one year each, ending June 30, 1995, by the following vote: FOR MESSRS. BENNETT, GROVE, LUNSFORD, WHEELER AND WILLIAMS: Council Members White, Bowles, Harvey, McCadden, Musser and Mayor Bowers ..................... 6. (Council Member Edwards was absent.) OATHS OF OFFICE-COMMITTEES-WAR MEMORIAL: The Mayor advised that the one year terms of Howard E. Musser, W. Robert Herbert, Sloan H. Hoopes, Alfred C. Moore and Thomas R. Plymale as members of the War Memorial Committee will expire on June 30, 1994, that Mr. P1ymale has declined to serve another term, and called for nominations to fill the vacancies. 358 Mrs. Bowles placed in nomination the names of Howard E. Musser, W. Robert Herbert, H. Sloan Hoopes and Alfred C. Moore. ACTION: There being no further nominations, Messrs. Musser, Herbert, Hoopes and Moore were reelected as members of the War Memorial Committee, for terms of one year each, ending June 30, 1995, by the following vote: FOR MESSRS. MUSSER, HERBERT, HOOPES AND MOORE: Council Members White, Bowles, Harvey, McCadden, Musser and Mayor Bowers ....................................... 6. (Council Member Edwards was absent.) There being no further business, the Mayor meeting adjourned at 4:50 p.m. declared the APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 359 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL June 27, 1994 2:00 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, June 27, 1994, at 2:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reqular Meetinqs~ of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Elizabeth T. Bowles, John S. Edwards, James G. Harvey, II, Delvis O. McCadden, Howard E. Musser and Mayor David A. Bowers ....................................... 6. ABSENT: Council Member William White, Sr.- ................ 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend George E. Stevenson, Pastor, East Gate Church of the Nazarene. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. BID OPENINGS SEWERS AND STORM DRAINS-INDUSTRIES: Pursuant to notice of advertisement for bids for sewer line extension in the Roanoke Centre for Industry and Technology, said bids to be received by the City Clerk until 1:30 p.m., on Monday, June 27, 1994, and to be held, opened and read before the Council at 2:00 p.m., on that date, or as soon thereafter as the matter may be heard, the Mayor asked if anyone had any questions about the advertisement for bids, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: 360 ACTION: ACTION: BIDDER BASE BID J. P. Turner & Bros., Inc. Aaron J. Conner General Contractor, Inc. E. C. Pace Co., Inc. $108,928.00 126,504.20 165 520.00 (For full text, see bids on file in the City Clerk's Office.) Mr. Harvey moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recommendation to Council. The motion was seconded by Mr. Musser and adopted. The Mayor appointed William White, Sr., Chairperson, Kit B. Kiser and William F. Clark as members of the committee. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to a request for an Executive Session tO discuss vacancies on various authorities, boards, commissions and committees appointed by Council. COMMITTEES-AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee held on Monday, June 6, 1994, were before Council. The following matters were discussed: KPMG Peat Marwick General Audit Plan for Fiscal Year June 30, 1994 Substantive Testing - Real Estate Assessment Billing City-wide Administrative Procedures Records Retention Municipal Auditing Audit Plan for 1995 (For full text, see minutes on file in the City Clerk's Office.) 361 ACTION: Mrs. Bowles moved that the minutes be filed. The motion was seconded by Mr. adopted by the following vote: received and Edwards and AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) PUBLIC WORKS-EMERGENCY SERVICES-MANAGEMENT AND BUDGET-SNOW REMOVAL-SCHOOLS-WATER RESOURCES: A report of the City Manager with regard to the status of the City's application for Federal disaster assistance relating to the February 1994 ice storm, was before Council. The City Manager advised that eligible expenditures totalling $256,261.00 have been recognized by the Federal Emergency Management Agency (FEMA), which expenditures were in the categories of ice storm debris removal ($181,730.00), ice and snow removal/emergency operations ($67,531.00), and repair of the handicapped fishing pier at Carvins Cove ($7,000.00); that individual projects of $42,400.00 or more are considered large projects; that funding for the projects, based on actual eligible costs incurred, is made upon submission and approval of a final claim; that it is anticipated that City Grounds and Streets crews will complete the removal and disposal of brush by August 1994, at which time, a claim will be submitted to FEMA; that total funding will be a Federal Share of 75 per cent and a State share of 24 per cent, leaving a one per cent local share; that in addition, FEMAwill reimburse administrative costs in the amount of $6,125.00; that repair of the handicapped fishing pier at Carvins Cove is considered a small project and payment will be made based on the approved estimate of costs; and Federal and State payment in the amount of $6,930.00, or 99 per cent, was received by the City Treasurer on June 9, 1994. It was further advised that seven additional Damage Survey Reports, totalling $107,118.00, have been suspended by FEMA, pending notification of insurance coverage, which reports cover damages to City school buildings; and school officials are working to obtain notification of insurance coverage, and when such information is known, the remaining damage survey reports can be settled. (For full text, see report on file in the City Clerk's Office.) 362 ACTION: Mrs. Bowles moved that the report be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) POLICE DEPARTMENT-HOUSING/AUTHORITY-CITY EMPLOYEES- PLANNING-GRANTS: A report of the City Manager advising that on October 11, 1993, Council approved the Community Police Officer/Homeowner Initiative providing Community Development Block Grant loans to qualified police officers for the purchase/rehabilitation of homes within the City's Conservation Areas and Rehabilitation Districts; and he was requested to submit a status report on the program by June 30, 1994, was before the body. The City Manager further advised that nine officers have expressed an interest in the program and contacted the Housing Development Office to obtain additional information; that currently, two officers are pursuing the purchase of homes in need of significant renovations through the program; that one officer has completed a home-ownership education program, selected a specific home within an eligible area, obtained bids from licensed contractors for the cost of renovations to the home, and has been pre-qualified for mortgage financing; and currently the officer is negotiating with the seller to establish the purchase price of the home and is saving funds to be used for a cash down payment. It was explained that the second officer has expressed significant interest in properties involved in a City sponsored home relocation project, however, the officer has not selected a specific home and has not been pre-qualified for mortgage financing at this time; and at this point, it is too early to determine if either of the officers will, in fact, close on the purchase/ rehabilitation of the properties, however, if both purchases close, it is likely that the $42,770.00 in Community Development Block Grant funds currently allocated to the initiative will be committed. (For full text, see report on file in the City Clerk's offlce.) 363 ACTION: Mrs. Bowles moved that the report be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) OATHS OF OFFICE-COMMITTEES: A report of qualification of E. Douglas Chittum as a member of the City of Roanoke Pension Plan Board of Trustees, for a term ending June 30, 1998, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. I NAYS: None ....................................... 0. (Council Member White was absent.) ACTION: OATHS OF OFFICE-COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Edwards and adopted by the following vote: 364 AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... O. (Council Member Whlte was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: FIRE DEPARTMENT-CITY CODE-CITY EMPLOYEES: The City Manager submitted a written report advising that a substantive testing audit of the Roanoke City Fire Department system of recording leave time was conducted by Municipal Auditing and reported to the City's Audit committee on October 4, 1993, in accordance with Section 25.2(e) of the Roanoke City Charter; that due to special time reporting requirements for firefighters on the three platoon system, the Fire Department maintains official leave records for their employees, which records include documentation supporting hours worked, leave time earned, and leave time taken; and records are maintained manually by the Fire Department logistics supervisor. It was further advised that the City Code and Personnel Operating Procedures require firefighters on the three platoon system to record single rest days between two consecutive days of vacation as vacation taken, and all rest days between two consecutive sick days are recorded as sick days taken; that if days of leave are not taken consecutively or are broken with another type of leave, the rest days are not recorded as leave taken; that the leave recording system does not always treat personnel fairly because vacation and/or sick leave is not always based on the actual time taken off; that Fire Department command staff has briefed employees who are on the platoon system regarding the Municipal Auditor's findings and recommended changes to 365 the system; and a new leave plan for paid leave and extended illness leave, adopted July 1, 1992, is mandatory for new employees and compatible with the recommended change. The City Manager recommended establishment of a leave recording system for firefighters on the three platoon system which incorporates the following: The charging method is hour for hour leave time charged for scheduled work hours, with rest days not charged to leave time. Accrual of vacation leave is determined according to cumulative years of service as follows: Cumulative Years Of Service Working Hours Monthly Leave Working Days of Accrual Hours Per Year Leave Per year 0 to 5 16 192 8 5 to 10 20 240 10 10 to 20 24 288 12 30 to 30 28 336 14 30 or more 32 384 16 Vacation balances as of June 30, 1994, shall be converted to the new system specified above by multiplying the "old" vacation balance by 2/3. Fire Suppression personnel may carry over unused vacation leave from one fiscal year to the next up to a maximum of 480 hours. Upon termination, Fire Suppression employees shall be paid for unused vacation leave hours by multiplying the balance (not to exceed 480 as stated above) by the regular rate. Sick leave renewal on July I of each year according to continuous years of service is outlined as follows: 366 ACTION: Cumulative Years Of Service Working Hours Leave Per Year Working Days of Leave Per year 1/2 to 1 72 3 I to 2 144 6 2 to 5 264 11 5 to 10 504 21 10 to 15 624 26 15 to 20 744 31 20 to 25 864 36 25 to 30 984 41 30 or more 1,104 46 (For full text, see report on file in the City Clerk's Office.} Mr. Harvey offered the following ordinance: emergency (#32071-062794) AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), by amending subsections (b), (f), (g) and (h) of Section 2- 49, Same -- Vacation leave and subsection (a) of Section 2-51, Same -- For employees of Fire Department by revising the vacation leave and sick leave accrual rate and usage requirements for certain members of the Fire Department; authorizing an adjustment of accrued vacation leave for such employees; and providing for an emergency and effective date. (For full text of Ordinance, see Ordinance Book No. 56, page 228.) Mr. Harvey moved the adoption of Ordinance No. 32071-062794. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) BUDGET-HOUSING/AUTHORITY-PLANNING-INDUSTRIES-GRANTS: The City Manager submitted a written report advising that on May 9, 1994, Council authorized filing of a Community Development Block Grant (CDBG) application with the U. S. Department of Housing and Urban Development (HUD) for 367 fiscal year 1994-95, pursuant to Resolution No. 31977- 050994; that HUD approval of the City's fiscal year 1994- 95 CDBG application was received, pursuant to correspondence dated June 10, 1994; that grant approval is for the amount requested by the City of $2,276,000.00; that the appropriation includes $582,100.00 in expected CDBG program income from parking receipts, City of Roanoke Redevelopment and Housing Authority rehabilitation loan repayments, Cooper Industries land lease, Coca-Cola UDAG loan repayment, miscellaneous loan repayments and repayments from the Home Ownership Assistance Program, for a total appropriation of $2,858,100.00; and in addition, $64,767.00 needs to be transferred from older projects to projects included in the fiscal year 1994-95 CDBG program. the The City Manager recommended that Council approve following actions: Adopt a resolution accepting the fiscal year 1994-95 Community Development Block Grant funds approved by the U. S. Department of Mousing and Urban Development and authorize the City Manager to execute the requisite grant agreement, funding approval and any other forms required by HUD, on behalf of the City, in order to accept such funds. Appropriate $2,858,100.00 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance ($2,276,000.00 CDBG entitlement and $582,100.00 projected program income) as detailed in Attachment B to the City Manager's report. Transfer $64,767.00 from older accounts to Grant Fund accounts as detailed in Attachment C to the City Manager's report. (For full text, see report on file in the City Clerk's Office.) Mr. Musser offered the following emergency budget ordinance: (#32072-062794) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 231.) 368 ACTION: ACTION: Mr. Musser moved the adoption of Ordinance No. 32072-062794. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) Mr. Musser offered the following resolution: (#32073-062794) A RESOLUTION accepting the Fiscal Year 1994-95 funds for the Community Development Block Grant Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). (For full text of Resolution, see Resolution Book No. 56, page 237.) Mr. Musser moved the adoption of Resolution No. 32073-062794. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) HUMAN DEVELOPMENT-Y.M.C.A.-HOUSING/AUTHORITY-GRANTS- YOUTH: The City Manager submitted a written report advising that Council authorized a grant, in the amount of $20,000.00, to the Y.M.C.A. of Roanoke Valley, Family Center Branch, for the Top Gun Summer Day Camp, as a part of the Community Development Block Grant (CDBG) application approved by Council on May 9, 1994, pursuant to Resolution No. 31977-050994; and the City has received U. S. Department of Housing and Urban Development (HUD) approval of the CDBG application by correspondence dated June 10, 1994. It was further advised that the project is proposed by the Y.M.C.A. of Roanoke Valley, Family Center Branch, to provide a summer day camp for 60 low to moderate income children, five to 13 years of age, who reside in public housing; that the focus of the Y.M.C.A. Top Gun Summer Day Camp will be to provide recreational, educational and social activities to camp participants; 369 and an administrative agreement between the City and the Y.M.C.A. is necessary to enable the funds to be obligated to the project. The City Manager recommended that he be authorized to execute an agreement with the Y.M.C.A. of Roanoke Valley for the Top Gun Summer Day Camp. (For full text, see report on file in the City Clerk's Office.} Mr. McCadden offered the following resolution: (#32074-062794) A RESOLUTION authorizing the City Manager to execute an agreement with the YMCA of Roanoke Valley, Inc. ("YMCA), to provide for the Top Gun Summer Day Camp. (For full text of Resolution, see Resolution Book No. 56, page 238.) ACTION: Mr. McCadden moved the adoption of Resolution No. 32074-062794. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, I McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) BUDGET-HUMAN DEVELOPMENT-CITY EMPLOYEES-GRANTS- YOUTH: The City Manager submitted a written report with regard to continuation of the Office on Youth Grant No. 93-I-21, advising that the grant was first officially awarded to the City under the Virginia Delinquency Prevention and Youth Act on June 17, 1980; that the fiscal year 1993-94 youth grant application was submitted to the Department of Youth and Family Services in May 1993, and the original total grant budget of $55,004.87 required a local cash match of $13,335.87; that an additional $1,146.00 has been awarded to the Office on Youth from the Department of Youth and Family Services as a one-time only dispersal fund; that the money must be spent by June 30, 1994, and Council's acceptance of the additional State is required, with no additional local cash match being required. 37O It was further advised that the amendment will provide for continuation of coordination, planning, and program implementation of the Office on Youth; and the fiscal year 1993-94 amended grant budget is as follows: Budget State Local Cash Category Funds Match In-Kind Total Personnel $36,073.50 $ 8,825.87 - 0 - $44,899.37 Training & Development 1,243.25 500.00 - 0 - 1,743.25 Supplies/ Operating Expenses Total 1~748.25 $39,065.00 4~010.00 $13,335.87 3~750.00 $3,750.00 9~508.25 $56,150.87 It was explained that the in-kind match of $3,750.00 is available through the use of office space rental in the Community Planning Office and can be used to match additional State funding, with no additional cash match required; and local match, cash/in-kind must equal a minimum of 25 per cent of the total budget request. The City Manager recommended that he, or his designee, be authorized to execute the appropriate document, accepting the amendment to the grant; and that Council authorize appropriation of additional funds to a grant fund expenditure account and increase the revenue estimate as follows: Account No. 035-054-8831-2030 Administrative Supplies $1,146.00 (For full text, see report on file in the City Clerk's Office.) Mr. Harvey offered the following emergency budget ordinance: (#32075-062794) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 239.) 371 ACTION: Mr. Harvey moved the adoption of Ordinance No. 32075-062794. The motion was seconded by Mr. Edwards and adopted by the following vote: ,! ACTION: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) Mr. McCadden offered the following resolution: (#32076-062794) A RESOLUTION authorizing execution of the necessary documents to accept an increase in funding to the Office on Youth Grant for FY 1993-1994 (Grant Award #93-I-21) from the Department of Youth and Family Services. (For full text of Resolution, see Resolution Book No. 56, page 240.) Mr. McCadden moved the adoption of Resolution No. 32076-062794. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) HUMAN DEVELOPMENT-HOUSING/AUTHORITY-TOTAL ACTION AGAINST POVERTY-GRANTS: The City Manager submitted a written report advising that the City Manager's Task Force on Homelessness studied the homeless and low-income housing situation in Roanoke and presented its findings and recommendations in a comprehensive report in April 1987 entitled, "No Place To Call Home"; that the City Manager appointed a Follow-Up Task Force to evaluate how well the recommendations contained in the initial report were implemented and to recommend new activities based on future funding; and the task force continues to meet on a regular basis and has changed its name to the City Manager's Committee on Homelessness. It was further advised that Council has accepted Emergency Shelter Grants Program entitlement funds totalling $203,000.00 since 1987 which have been allocated under the Stuart B. McKinney Homeless Assistance Act, from the U. S. Department of Housing and 372 Urban Development; and Council accepted 1994 Emergency Shelter Grants Program entitlement funds of $61,000.00 on April 11, 1994, pursuant to Resolution No. 31950-041194 through the Stuart B. McKinney Homeless Assistance Act. The City Manager explained that funds allocated under the Stuart B. McKinney Homeless Assistance Act must be used for the payment of maintenance, operations (including rent, but excluding staff), insurance, utilities, and furnishings, with limited funds for essential services including but not limited to employment, health, substance abuse education and food, development and implementation of homeless prevention activities, and past uses have included renovation and major rehabilitation; and the City invited applications or proposals from local agencies to ensure that all interested organizations had an opportunity to submit funding requests with a deadline of May 9, 1994, to submit applications. The City Manager advised that proposals for funding were submitted by Roanoke Area Ministries, Roanoke Valley Trouble Center, Inc., Blue Ridge Community Services and Total Action Against Poverty; whereupon, he recommended that Council allocate Emergency Shelter Resource Funds, in the amount of $61,000.00, as follows: $12,000.00 $13,320.00 Roanoke Area Ministries Roanoke Valley Trouble Center, Inc. (TRUST) $33,180.00 $ 2,500.00 (For full text, Office.) Total Action Against Poverty Blue Ridge Community Services see report on file in the City Clerk's Mrs. Bowles offered the following resolution: (#32077-062794) A RESOLUTION concurring in the recommendation of the City Manager's Committee on Homelessness as to the allocation of Emergency Shelter Resource Funds, and authorizing the execution of the subgrant agreements with Roanoke Area Ministries, Roanoke Valley Student Trouble Center, Inc., Total Action Against Poverty in Roanoke Valley, and Blue Ridge Community Services to administer the funds. (For full text of Resolution, see Resolution Book No. 56, page 241.) 373 ACTION: Mrs. Bowles moved the adoption of Resolution No. I 32077-062794. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) BUDGET-HUMANDEVELOPMENT-GRANTS-YOUTH-SCHOOLS: The City Manager submitted a written report advising that the Comprehensive Services Act for At-Risk Youth and Families (CSA) established, effective July 1, 1993, a pool of State funds to be expended for public or private non- residential or residential services for the targeted population of troubled youth and families; that the CSA mandates services for foster care children and for children whose Individualized Education Plan mandates specialized private day or residential educational programs; and the CSA State Funds Pool allocation for Roanoke City for the period July 1, 1993 through June 30, 1994, is as follows: State Funds: Local Funds: $1,983,352.00 1~218~835.00 Total Allocation $3,202,187.00 It was further advised that the Roanoke Interagency Council has determined that in addition to the aforementioned State Funds Pool Allocation, supplemental funds in the amount of $1,110,121.00 ($802,852.00 State funds and $307,269.00 Local funds), will be needed for the period July 1, 1993 through June 30, 1994; and on June 28, 1993, Council appropriated funds for the aforementioned CSA initial State Funds Pool Allocation and for the projected Supplemental Allocation as follows: State Funds: Local Funds: $2,786,204.00 1,526~104.00 Current Budgeted Funds $4,312,308.00 It was pointed out that the cost of services for targeted at-risk youth and their families was underestimated by $320,336.00 ($231,667.00 State funds and $88,669.00 local funds), for fiscal year 1993-94; that during the current fiscal year, children coming into care have needed a higher level of service which could be 374 ACTION: provided only by placement in specialized foster care or in a therapeutic residential facility; and the State Department of Education, the State fiscal agent for the Comprehensive Services Act, will reimburse $231,667.00 of the amount, and the City is required to provide a local cash match of $88,669.00. The City Manager recommended that Council approve the request for additional funds and authorize the Director of Finance to increase the revenue estimate in Account No. 001-020-1234-0692 by $231,667.00, and increase appropriations in Account No. 001-054-5410-3170 by $231,667.00; and transfer $88,669.00 from the CSA Contingency Account No. 001-002-9410-2244, to CSA Expenditure Account No. 001-054-5410-3170. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: (#32078-062794) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 242.) Mr. McCadden moved the adoption of Ordinance No. 32078-062794. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) PARKS ANDRECREATION-SPECIAL PERMITS-SWIMMING POOLS: The City Manager submitted a written report advising that the United States Swimming/Virginia Swimming, Inc. "State Swim" Meet will be held on Friday, Saturday and Sunday, July 8 - 10, 1994, at Fallon Park Swimming Pool; and Roanoke Valley Swimming, Inc., "Gators" will host the sanctioned swim meet for youth for the second year in Roanoke. 375 ACTION: It was further advised that the City has been requested by Roanoke Valley Swimming, Inc., to permit the sale of swlmmlng related merchandise, food and non- alcoholic beverage concessions during the swim meet; that pursuant to Section 24-5, Concessions, o£ the Code of the City of Roanoke (1979), as amended, only Councll may allow concession privileges unless publicly advertised for sealed bids; and the Parks and Recreation Department has agreed, subject to Council's approval, to defer the City's concession rights during the swim event as a gesture of cooperation and support of the "Gators". The City Manager recommended that Council grant concession privileges to Roanoke Valley Swimming, Inc., "Gators" to sell swim related merchandise, food items, and non-alcoholic beverages at Fallon Park Swimming Pool on July 8 10, 1994, and further authorize the Clty Manager to execute a concession agreement, in a form to be approved by the City Attorney, with Roanoke Valley Swimming, Inc. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following ordinance: emergency (#32079-062794) AN ORDINANCE awarding limited concession privileges at Fallon Park Swimming Pool, upon certain terms and conditions; authorizing the execution of the requisite concession agreement; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 243.) Mrs. Bowles moved the adoption of Ordinance No. 32079-062794. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) 376 BUDGET-FIRE DEPAR~EN~-E~ERGENCY SERVICES-GRANTS- CMERP-EMERGENCY MEDICAL SERVICES: The City Manager submitted a written report advising that the Fire Department Emergency Medical Services First Responder Programs have been implemented at the following fire stations: March 1991 Fire Station 4 (Deyerle Road) and Fire Station 11 (Garden City) April 1992 - Fire Station 14 (460 East) February 1993 - Fire Station 13 (Peters Creek Road) November 1993 - Fire Stations 2 (Noble Avenue) January 1994 - Fire Station 10 (Aviation Drive) It was further advised that response times to medical emergencies have been improved by implementing first responder programs in these areas by as much as three to four minutes. It was explained that a 50/50 grant has been received, in the amount of $24,482.50, through the Rescue Squad Assistance Fund to purchase seven automatic defibrillators for the Fire Department First Responder Program, and grant funding must be utilized prior to December 31, 1994; that engine companies 2, 4, 10, 11, 13 and 14 are currently equipped with an automatic or semi- automatic external defibrillator; and local matching funds, in the amount of $24,482.50, have been approved to purchase seven units in the 1993-94 Capital Maintenance and Equipment Replacement Program, which units would be assigned to engine companies 3, 5, 6, 7, 8, 9 and 12. The City Manager recommended that Council approve the following actions: adopt a resolution accepting the Rescue Squad Assistance Fund Grant and authorize the City Manager to execute the grant agreement; appropriate State funds, in the amount of $24,482.50, to Grant Fund Account No. 035-050- 3340-9015, and increase the Grant Fund revenue estimate in the amount of $24,482.50; and 377 appropriate local matching funds from General Fund Capital Maintenance and Equipment Replacement Program, in the amount of $24,482.50, to Grant Fund Account No. 035-050- 3340-9015. (For full text, see report on file in the City Clerk's Office.) Mr. Harvey offered the following emergency budget ordinance: (#32080-062794) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 244.) ACTION: Mr. Harvey moved the adoption of Ordinance No. 32080-062794. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) Mr. Harvey offered the following resolution: (#32081-062794) A RESOLUTION authorizing the acceptance of a Rescue Squad Assistance Grant made to the City of Roanoke by the Commonwealth of Virginia, Department of Health, Division of Emergency Medical Services Rescue Squad Assistance Fund and authorizing the acceptance, execution and filing of all appropriate documents to obtain such grant. (For full text of Resolution, see Resolution Book No. 56, page 246.) ACTION: Mr. Harvey moved the adoption of Resolution No. 32081-062794. The motion was seconded by Mr. Edwards and adopted by the following vote: 378 ACTION: AYES: Council Members Bowies, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) EQUIPMENT-WATER RESOURCES: The City Manager submitted a written report advising that bids are received annually on a fiscal year basis, for supplying to the City estimated quantities of ductile iron water pipe, which represent anticipated needs for a period of one year; that four bids were received and evaluated in a consistent manner on June 9, 1994, in the Office of General Services; whereupon, the City Manager recommended that Council accept the lowest responsible bid submitted by Griffin Pipe Products Co., for a total bid price of $309,559.00, for the period July 1, 1994 through June 30, 1995; and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following resolution: (#32082-062794) A RESOLUTION accepting the bid of Griffin Pipe Products Co., made to the City for furnishing and delivering ductile iron water pipe; and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 56, page 246.) Mrs. Bowles moved the adoption of Resolution No. 32082-062794. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) BUDGET-CLERK OF COURTS-CIRCUIT COURT-CMERP- EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need for a mobile storage system for the Office of the Clerk of the Circuit Court, which consists of high density file and storage 379 equipment that will provide for increased storage I capacity for required files that are located in the Office of the Clerk of the Circuit Court; that following proper advertisement, two bids were received and opened in the Office of General Services on June 8, 1994; whereupon, the City Manager recommended that Council approve the following actions: ACTION: accept the lowest bid submitted by Spacesaver Storage Systems, Inc./Business Equipment & System, Inc., for a total cost of $42,400.00; appropriate $26,900.00 from Capital Maintenance and Equipment Replacement Program to Clerk of the Circuit Court Account No. 001- 028-2111-9015; transfer $11,000.00 from Clerk of the Circuit Court Account No. 001-028-2111-2030 to Account No. 001-028-2111-9015; $4,500.00 currently exists in Clerk of the Circuit Court Account No. 001-028-2111-9015; and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mr. Musser offered the following emergency budget ordinance: (#32083-062794) AN ORDINANCE to amend and reordain certain sections of the 1993-94 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 247.) Mr. Musser moved the adoption of Ordinance No. 32083-062794. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) 38O ACTION: Mr. Musser offered the following resolution: (%32084-062794) A RESOLUTION accepting a bid made to the City for furnishing, delivering and installing a mobile storage system in the Clerk's Office of the Circuit Court; and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 56, page 248.) Mr. Musser moved the adoption of Resolution No. 32084-062794. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) BUDGET-TRAFFIC-CITY MARKET-STATE HIGHWAYS-BRIDGES- NORFOLK SOUTHERN CORPORATION-HOTEL ROANOKE CONFERENCE CENTER-CONSULTANTS REPORTS-STREETS AND ALLEYS-VIRGINIA TECH: The City Manager submitted a written report advising that on March 1, 1993, Council requested the Virginia Department of Transportation (VDOT) to program a project for a pedestrian overpass above the Norfolk & Western Railway tracks to connect between The Hotel Roanoke Conference Center area and the Historic Market area, pursuant to Resolution No. 31361-030193, which project was subsequently programmed by VDOT into its updated Six-Year Improvement Program; that project schedule for the bridge has been accelerated to improve public safety, pedestrian access and traffic flow in connection with the opening of The Hotel Roanoke/ Conference Center in the spring of 1995; and the Virginia Department of Transportation has been extraordinarily cooperative in its scheduling of many project-related activities. It was further advised that design work for the bridge is now complete following coordination with various public agencies and affected property owners; that the cost of project construction is now estimated at $3.2 million which is shared on a 98 per cent VDOT and two per cent City basis for project eligible expenses; that an estimated $135,000.00 is needed at 100 per cent City expense to construct the loggia (covered walkway) which will connect the northern terminus of the bridge to 381 the Conference Center; that a resolution adopted by Council approving the location and major design features of the proposed project as presently designed will enable VDOT to advertise the project for construction as early as July 26, 1994; that a three-party agreement between the City, VDOT, and Norfolk and Western Railway Company is needed, and by virtue of executing the agreement, the City will accept the easement for the bridge over the railway, as well as title and full maintenance responsibility for the structure; and the agreement also acknowledges that upon completion of the bridge project, the railroad will close and remove the existing at-grade pedestrian crossing at Jefferson Street. The City Manager explained that supplemental agreements to the contract with Hayes, Seay, Mattern and Mattern, Inc., (proposed Amendments Nos. 2 and 3) are needed inasmuch as what started out as a pedestrian bridge extending from the First Union Parking Garage to The Hotel Roanoke site on Shenandoah Avenue has grown to include an extension to the Hotel's entrance drive, a North Pavilion at the drive, and a loggia connection to the Conference Center; and proposed amendments address the following: Amendment No. 2 (project expense 98 per cent VDOT and two per cent City) presentations to Downtown Roanoke, Incorporated, City officials and The Hotel Roanoke Conference Center Commission, development of a revised concept design, an additional public workshop to present revised concept design, the design of the bridge extension to the Hotel Drive and the North Pavilion, coordination of the design with the Virginia Department of Historic Resources, convert contract drawings to standard VDOT sheet size from Hayes, Seay, Mattern and Mattern, Inc., (HSMM) standard sheet size and convert HSMM standard specifications to VDOT system, preparation of Railroad Signal Sight Distance Study, 382 design studies to obtain approval of First Union Tower owners, and preparation of resubdivtsion and subdivision plats for right-of-way associated with bridge construction. Amendment No. 3 (100 per cent City expense): design of the loggia and modifications to the canopy over the Conference Center entrance and the motor court, and historical research for the loggia design and coordination of the design with the Virginia Department of Historic Resources. It was pointed out that the Shenandoah Avenue streetscape design is also needed as a separate, yet related, project; that design fees for plans and specifications suitable for bidding have been established at a cost of $13,700.00; and a purchase order could be awarded to Mattern & Craig, Inc., if funds are transferred from Undesignated Capital Funds to a capital account for said purpose. The City Manager recommended that Council concur in the following actions: approve the location and major design features of the Pedestrian Bridge, from 0.01 mile south of Norfolk Avenue to 0.03 mile north of Shenandoah Avenue, as presently designed; authorize the City Manager to execute, on behalf of the City, the three-party agreement with the Virginia Department of Transportation and Norfolk & Western Railway Company, as well as all other necessary railroad and utility agreements required in conjunction with the project; authorize Amendment Nos. 2 and 3 of the engineering services agreement with Hayes, Seay, Mattern & Mattern, Inc., for additional engineering services for the Pedestrian Bridge Project to provide an increase of $120,706.00, for a total not to exceed $441,624.67, subject to VDOT approval; 383 ACTION: appropriate $122,719.00 to "Pedestrian Bridge & Atrium" account, with the City's share of $22,069.00 available in Undesignated Capital Funds and $100,650.00 to be reimbursed by the Virginia Department of Transportation; and appropriate $13,700.00 to a new account to be entitled, "Shenandoah Avenue Streetscape" from Undesignated Capital Funds. (For full text, see report on file in the City Clerk's Office.) Mr. Harvey offered the following emergency budget ordinance: (#32085-062794) AN ORDINANCE to amend and reordain certain sections of the 1993-94 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 249.) Mr. Harvey moved the adoption of Ordinance No. 32085-062794. The motion was seconded by Mr. Musser. The Director of Public Works, William F. Clark, advised that since March 1, 1993, plans have been racing toward completion of renovations to The Hotel Roanoke in an attempt to have the pedestrian bridge ready and useable; and the spring of 1995 will mark an unprecedented 27 months for completion of a Virginia Department of Transportation project, although highway pro~ects do not normally move this rapidly and it has been with the utmost cooperation of VDOT that the project will be completed in such an expeditious manner. He called attention to concurrence by numerous groups in the design of the project such as City Council, the Architectural Review Board, the City Planning Commission, DowntOwn Roanoke, Inc., and Roanoke Arts Commission, as well as other groups that have a personal interest in the design of the pedestrian bridge project, including the Hotel Roanoke Conference Center Commission, Virginia Polytechnic Institute and State University, and the Virginia Department of Transportation. John J. Stephenson representing the firm of Hayes, Seay, Mattern and Mattern, Inc., Architects and Engineers, presented an oral briefing on the design of the Hotel/Conference Center project. 384 ACTION: Ms. Helen E. Davis, 35 Patton Avenue, N. E., inquired about pedestrian access to downtown Roanoke since the City Manager's report states that Norfolk Southern will close and remove the existing at grade pedestrian crossing at Jefferson Street; whereupon, the City Manager advlsed that the pedestrian access across Norfolk Southern tracks is not a public access inasmuch as Norfolk Southern Railway installed the pedestrian access at lts cost for use by its employees; that there is no existing agreement in terms of public access, and notification by Norfolk Southern of its intent to remove the pedestrian access was a courtesy that was extended to the City. In connection with pedestrian access to downtown, he called attention to Shenandoah Avenue where there will exist both a glass enclosed elevator and/or stairway that will provide 24 hour per day access off of Shenandoah Avenue, and the First Street Bridge will continue to be maintained for pedestrian activity. Ordinance No. 32085-062794 was adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) Mr. Harvey offered the following resolution: (#32086-062794) A RESOLUTION approving the major design features of the new pedestrian bridge between The Hotel Roanoke Conference Center and the Historic Market Area; authorizing the execution of an Agreement with the Virginia Department of Transportation and the Norfolk and Western Railway Company relating to the construction, operation and maintenance of such pedestrian bridge; and authorizing the execution of all other necessary railroad and utility agreements required in connection with this project. (For full text of Resolution, see Resolution Book No. 56, page 251.) Mr. Harvey moved the adoption of Resolution No. 32086-062794. The motion was seconded by Mr. Musser and adopted by the following vote: 385 ACTION: ACTION: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) Mr. Harvey offered the following resolution: (#32087-062794) A RESOLUTION authorizing the execution of Amendment Number 2 and Amendment Number 3 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional engineering services to be performed in connection with the design of the Pedestrian Bridge and Atrium Project. (For full text of Resolution, see Resolution Book No. 56, page 252.) Mr. Harvey moved the adoption of Resolution No. 32087-062794. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) DIRECTOR OF FINANCE: BUDGET-DIRECTOR OF FINANCE-AUDITS/FINANCIALREPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of May, 1994. (For full text, see financial report on file in the City Clerk's Office.) Mr. Harvey moved that the financial report be received and filed. The motion was seconded by Mr. McCadden and adopted. REPORTS OF COMMITTEES: CITY JAIL-CITY PROPERTY-ASBESTOS REMOVAL: Council Member William White, Sr., Chairperson of a committee appointed by the Mayor to tabulate bids received for asbestos abatement at the former Data Safe, Inc. and Miller, Morgan & Company buildings located at 330 and 340 386 ACTION: West Campbell Avenue, presented a written report on behalf of the Committee, recommending that Council concur in the following actions: authorize the City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney, with HICO, Inc., for asbestos abatement tn the Data Safe, Inc., and Miller, Morgan & Company buildings, in accordance with contract documents as prepared by HDH, Architecture, Engineering, Environmental, in the amount of $15,550.00, and 30 consecutive calendar days to complete the work; authorize the Director of Finance to encumber the following amounts in City Jail Expansion Account No. 008-052-9685-9065: Contract Price Project Contingency Total Project Account $15,500.00 1~000.00 $16,500.00 reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Musser offered the following emergency ordinance: (#32088-062794) AN ORDINANCE accepting the bid of HICO, Incorporated, for asbestos abatement and related work at the Data Safe and Miller Morgan buildings, in connection with the jail annex 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. 56, page 253.) Mr. Musser moved the adoption of Ordinance No. 32088-062794. The motion was seconded by Mr. McCadden and adopted by the following vote: 387 ACTION: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member Whlte was absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PARKS AND RECREATION-ACTS OF ACKNOWLEDGEMENT- DECEASED PERSONS: Mr. Musser offered the following resolution memorializing the late M. Carl Andrews, former editorial page editor of The World-News and community leader: (#32089-062794) A RESOLUTION memorializing the late M. Carl Andrews. (For full text of Resolution, see Resolution Book No. 56, page 254.) Mr. Musser moved the adoption of Resolution No. 32089-062794. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Council Member Edwards requested that the City Attorney prepare the proper measure commending Dominick Millner, a 1994 graduate of william Fleming High School, who placed first in the Long Jump at the American Airlines National Scholastic outdoor Track and Field Championship which was held in Raleigh, North Carolina, on Sunday, June 19, 1994. OTHER HEARINGS OF CITIZENS: 388 ACTION: SIDEWALK/CURBANDGUTTER-COMPLAINTS: Mr. George E. Rogers, 1311 Orange Avenue, N. W., appeared before Council and advised that due to street paving, practically no curb exists in certain portions of the 1200 and 1300 blocks of Orange Avenue, that following heavy rains, water run-off causes debris to build up in front of homes, and requested that the City address the problem. Without objection by Council, the Mayor advised that the matter would be referred to the City Manager for appropriate response. At 3:05 p.m., the Mayor declared the meeting in recess. At 4:00 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Men,hers of the Council in attendance, with the exception of Council Member White. COUNCIL: With respect to the Executive Session just concluded, Mr. Edwards moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers ...................... 6. NAYS: None ....................................... 0. (Council Member White was absent.) AIRPORT-OATHS OF OFFICE-COMMITTEES: The Mayor advised that there is a vacancy on the Roanoke Regional Airport Commission, created by the resignation of Joel M. Schlanger, for a term ending March 9, 1998, and called for nominations to fill the vacancy. Mr. Harvey placed in nomination the name of Claude N. Smith. There being no further nominations, Mr. Smith was elected as a member of the Roanoke Regional Airport Commission, for a term ending March 9, 1998, by the following vote: 389 ACTION: FOR MR. SMITH: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 6. (Council Member White was absent.) ACTION: Inasmuch as Mr. Smith is not a resident of the City of Roanoke, Mr. McCadden moved that the City residency requirement for persons serving on authorities, boards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Mr. Musser and adopted. OATHS OF OFFICE-COMMITTEES-FIFTH PLANNING DISTRICT COMMISSION: The Mayor advised that the three-year term of J. Lee E. Osborne as a member of the Fifth Planning District Commission will expire on June 30, 1994, and called for nominations to fill the vacancy. Mrs. Bowles placed in nomination the name of J. Lee E. Osborne. There being no further nominations, Mr. Osborne was reelected as a member of the Fifth Planning District Commission, for a term of three years, ending June 30, 1997, by the following vote: ACTION: FOR MR. OSBORNE: Council Members Bowles, Edwards, Harvey, McCadden, Musser and Mayor Bowers .............. 6. (Council Member White was absent.) ACTION: Inasmuch as Mr. Osborne is not a resident of the City of Roanoke, Mr. McCadden moved that the City residency requirement for persons serving on authorities, boards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Mr. Musser and adopted. There being no further business, the Mayor declared the meeting adjourned at 4:05 p.m. ATTEST Mary F. Parker City Clerk APPROVED Mayor 390 ORGANIZATIONAL MEETING ......... ROANOKE CITY COUNCIL July 5, 1994 2:00 p.m. The Council of the City of Roanoke held its Organizational Meeting on Monday, July 5, 1994, at 2:00 p.m., in the City Council Cha~mber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Section 10, Meetings of Council, of the Roanoke City Charter, at which time the newly elected Members of the Roanoke City Council assumed the duties of their respective offices. PRESENT: Council Members Elizabeth T. Bowles, John S. Edwards, John H. Parrott, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers .......................................... 6. ABSENT: Council Member Delvis O. McCadden .................. 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; William X Parsons, Assistant City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. COUNCIL-OATHS OF OFFICE: The Mayor advised that Section 10 of the Roanoke City Charter provides that at 2:00 p.m., on the first Monday of July next following each regular municipal 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 respective offices. "June 30, 1994 The Honorable Members of the Roanoke City Council Roanoke, Virginia Dear Ladies and Gentlemen: Pursuant to Section 10, Meetings Of Council, of the Roanoke City Charter, the Council of the City of Roanoke 391 will hold its Organizational Meeting on Tuesday, July 5, 1994, at 2:00 p.m., in the City Council Chamber, fourth floor of the Municipal Building, at which time the newly- elected Council Members shall assume the duties of their respective offices. As a part of the Organizational Meeting, I would propose that we discuss committee assignments for the Members of Council and I would like to present my 1994 State of the City Address. Best personal regards. Sincerely, ACTION: David A. Bowers Mayor" A communication from the City Clerk calling attention to copy of a communication from the Roanoke City Electoral Board transmitting an Abstract of Votes cast in the General Election held in the City of Roanoke on Tuesday, May 3, 1994, certifying that John S. Edwards, John H. Parrott, William White, Sr., and Linda F. Wyatt received the greatest number of votes cast for the office of City Council Member, was before the body. The City Clerk further advised that on June 16, 1994, Oaths of Office were administered to Council Members Edwards, Parrott and White by the Honorable Circuit Court Judges Clifford R. Weckstein and Diane McQ. Strickand, for terms of four years each, commencing July 1, 1994, and ending June 30, 1998; and to Council Member Wyatt by the Honorable Roy B. Willett for a term commencing July 1, 1994, and ending June 30, 1996. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the report of qualification be received and filed. The motion was seconded by Mrs. Bowles and adopted. COUNCIL: Council Member Edwards having received the greatest number of votes cast in the Councilmanic election on May 3, 1994, and thus, pursuant to Section 4 of the Roanoke City Charter, is elected Vice-Mayor of the City of Roanoke for a term commencing July 1, 1994, and 392 ACTION= continuing for a period of two years until his successor has been duly elected and qualified, Mr. White offered the following resolution= (#32090-070594) A RESOLUTION recognizing the HONORABLE JOHN S. EDWARDS 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. 56, page 256.) Mr. White moved the adoption of Resolution No. 32090-070594. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, Parrott, White, Wyatt and Mayor Bowers ....................................... 5. NAYS: None ....................................... O. (Council Member McCadden was absent.) Edwards abstained from voting.) (Council Member BUDGET-OATHS OF OFFICE-CITY CODE-BUSES-PARKS AND RECREATION-STATE HiGHWAYS-COMMITTEES-COUNCIL-LEGISLATION- HOUSING/AUTHORITY-ROANOKE CIVIC CENTER-PERSONNEL DEPARTMENT-TOTAL ACTION AGAINST POVERTY-VIRGINIA TRANSPORTATION MUSEUM-ROANOKE ARTS COMMISSION-DOWNTOWN ROANOKE, INCORPORATED-AUDIT COMMITTEE-FIFTH PLANNING DISTRICT COMMISSION-DISABLED PERSONS-CABLE TELEVISION- ECONOMIC DEVELOPMENT-WATER RESOURCES-WAR MEMORIAL: A communication from Mayor David A. Bowers recommending the following appointments of Council Members to various authorities, boards, commissions and committees, was before the body. Elizabeth T. Bowles Budget and Planning Committee Personnel Committee Water Resources Committee Mill Mountain Development Committee Total Action Against Poverty in the Roanoke Valley Board of Directors, Council Liaison Representative Mayor's Committee for the Disabled War Memorial Committee Virginia CARES Board of Directors 393 John S. Edwards Budget and Planning Committee Personnel Committee, Chairperson Audit Committee Economic Development Commission Fifth Planning District Commission Housing Strategy Task Force Legislative Affairs Committee, Co-Chairperson Roanoke Arts Commission, Council Liaison Representative War Memorial Committee Virginia Museum of Transportation Board of Directors, Council Liaison Representative Delvis O. McCadden Budget and Planning Committee Personnel Committee Audit Committee City of Roanoke Transportation Safety Commission, Council Liaison Representative Roanoke Civic Center commission, Council Liaison Representative Fifth Planning District Commission Legislative Affairs Committee Water Resources Committee John H. Parrott Budget and Planning Committee Personnel Committee Roanoke Valley Regional Cable Television Committee Mill Mountain Zoo, Inc., Council Liaison Representative Bid Committee William Whiter Sr. Budget and Planning Committee Personnel Committee Legislative Affairs Committee, Co-Chairperson Economic Development Commission Water Resources Committee Audit Committee Bid Committee, Chairperson 394 ACTION: Llnda F. Wyatt Budget and Planning Committee Personnel Committee Downtown Housing Task Force Water Resources Committee Roanoke Redevelopment and Housing Authority, Council Liaison Representative (For full text, see communication on file in the City Clerk's Office.) Mr. Parrott moved that Council concur in the recommendation of the Mayor. The motion was seconded by Mrs. Bowles and adopted. STATE OF THE CITY REPORTS: The Mayor presented his 1994 State of the City report in which he announced that the State Tourism Office in Cooperation with representatives from the new Nauticus facility in downtown Norfolk and the Walt Disney Company, will meet with a group of Roanokers in the next several weeks to begin brainstorming and defining the nature of a project that will support the continued revitalization of the City Market area, Center In The Square, and the Hotel Roanoke. He recommended that the City spend the necessary funds this year to begin the planning for this worldwide attraction. Secondly, the Mayor addressed the matter of construction of the "railwalk" from the City Market to the Virginia Museum of Transportation inasmuch as creating strong pedestrian walkways has always been a part of Roanoke's downtown planning. He recommended that Council move up the planning of the "railwalk" to coincide with the planning on the national, interactive rail park and museum. The Mayor suggested that the City seek the support of its State legislators for additional State dollars for the Virginia Museum of Transportation, involve the D-Day Committee in building its national monument downtown, work together to tear down the remaining portion of the viaduct, bring back downtown cinemas, develop tasteful and exciting public art, and work together for a downtown connection to Explore Park, Mill Mountain Zoo and the Julian Wise National EMS/Rescue Museum. (For full text, see State of the City report on file in the City Clerk's Office.) ,! 395 ACTZON: Mr. Mayor be response. adopted. Parrott moved that the recommendations of the referred to the City Manager for appropriate The motion was seconded by Mr. Edwards and There being no further business, the Mayor declared the Organizational Meeting adjourned at 2:40 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 396 SPECIAL MEETING ..... ROANOKE CITY COUNCIL July 5, 1994 3:00 p.m. A special meeting of the Roanoke City Council was held on Tuesday, July 5, 1994, immediately following the Organizational Meeting of Council, at 3:00 p.m., in the Social Services Conference Room, Room 306, 215 Church Avenue, S. W., Roanoke, Virginia, with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowles, John S. Edwards, John H. Parrott, William White, Sr., Ltnda F. Wyatt and Mayor David A. Bowers ........................................... 6. ABSENT: Council Member Delvis O. McCadden ................ 1. OTHERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Assistant City Manager; William X Parsons, Assistant City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Willard N. Claytor, Director of Real Estate Valuation; Robert H. Bird, Municipal Auditor; Kit B. Kiser, Director of Utilities and Operations; William F. Clark, Director of Public Works; George C. Snead, Jr., Director of Public Safety; Glenn D. Radcliffe, Director of Human Development; Barry L. Key, Manager, Office of Management and Budget; Diane S. Akers, Budget Administrator; and Philip C. Schirmer, Acting City Engineer. The Mayor advised that the purpose of the meeting was to receive a briefing from the City Manager and to discuss the City of Roanoke's Capital Improvement Program for fiscal years 1994-1998. He stated that pursuant to discussions with the Members of Council in June, it was the consensus of Council that the City go forward with the Capital Improvement Program as expeditiously as possible in order to meet the deadline for filing a referendum with the State Board of Elections for inclusion on the November, 1994 ballot. The City Manager stated that each Member of Council was previously briefed on the City's proposed Capital Improvement Program, and advised that the program involves $343,000,000 in projects, with $192,000,000 of the projects having identified sources of funding, so it really comes down to consideration of approximately $150,000,000 in requests that have been made from all sources. Mr. Herbert stated that many of the capital improvement programs that cities undertake are "meat and potatoes" kinds of projects that are the kinds of projects which are important to many citizens, particularly if those kinds of projects are not done; and 397 as city Manager, he plans to press forward on those issues that he considers to be "meat and potatoes", and to make sure that particularly close attention is paid to bridges, streets, sidewalks and public buildings that are in need of repair or replacement. FINANCIAL CAPACITY FOR FUNDING NEW PROJECTS: The Director of Finance advised that the City of Roanoke has a current financial capacity to issue approximately $23 million in general obligation debt, and plans are to issue those bonds after the November, 1994 referendum, with bonds to be issued on or after January 1, 1996, with the first payment due in flscal year 1997, which will allow the City not to have to address debt service on this issue until fiscal year 1997; that a twenty-year bond will be issued at a rate of 6.75 percent; and in looking at the City's financial capacity, it will be necessary to identify funding sources to address the debt service for fiscal years 1997, 1998 and 1999. He referred to the Debt Issuance Planning Worksheet contained in the Capital Improvement Program plan and advised that all of the City's current debt service issues will be completely retired in the year 2010. Mr. White inquired as to how the Director of Finance arrived at the $23 million in financial capacity and whether this means that is the amount of debt service the City can carry within its operating budget without having an additional source of funds; whereupon, Mr. Grisso advised that in effect, the City has identified approximately $1.6 million in the 1995 budget, and the $1.6 million translates into about $23 million at 6.75 percent. Upon question from Mr. White, the Director of Finance explained that the City's legal debt margin is ten percent of the assessed valuation of real estate for the City. The Director of Finance referred to the Projected Interest Earnings for Fiscal Year 1996 Bond Issue at $23 million, and explained that this estimates the amount of interest earnings generated by $23 million worth of bonds sold. The Mayor requested clarification that this $23 million bond package requires no new revenue source or new taxes, and when the $23 million bond issue is formulated and presented to the voters in November and if it is approved, that taxpayers may expect no new taxes; whereupon, the City Manager advised that the Mayor;s statement was accurate. PROPOSED CRITERIA TO BE USED IN EVALUATING THE RELATIVE PRIORITY OF NEW PROJECTS: Ms. Akers advised that the City Manager appointed a Capital Improvement Program Committee which is composed of the four Directors, the Chief of Planning and Community Development, the Chief of Economic Development, the Director of Finance, the Budget Administrator, the Assistant City Manager and 398 School officials, and their Job is to receive and evaluate the C.I.P. requests and present their recommendation to the City Manager; and that the following C.I.P. Evaluation Criteria includes five measures used by the Coamaittee to determine high priority projects= (1) Impact on Public Health, Safety and Welfare; (2) Promotion of Existing Community Development Plans; (3) Improvement in Service Quality; (4) Prior Commitment/Relationship to Other Projects; and (5) Impact on City Operational Budget. TIME SCHEDULE NECESSARY FOR NOVEMBER 1994 BOND REFERENDUM= The Assistant City Attorney advised that this project is largely governed by State law and also by Federal requirements; that the current schedule is drawn up on the premise that on August 8, 1994, at lts regular meeting, Council wlll adopt an ordinance authorizing the issuance of bonds and an ordinance directing and providing for a bond referendum; that before adoption of the ordinances, the State Code requires that Council hold a public hearing on the proposed issuance of bonds, and notice of such public hearing must be published twice in the local newspaper for two consecutive weeks, with such notices to be advertised on July 24 and July 31, 1994; and that City Council is required to approve by Resolution the listing of projects to be included in the Capital Improvement Program, aggregate amount of the bond issue, amount of bond issue to be dedicated to each category of public capital improvement, date of referendum and question to be placed before the electorate. It was pointed out that Section 24.2-682 of the Code of Virginia (1950), as amended, requires the Circuit Court to enter the order for a special election, i.e. the voter referendum, at least 60 days prior to the election; that if the referendum is to be held on November 8, the order must be entered by September 8, and after the court order is entered, the special election must still be approved by the United States Department of Justice under the Voting Rights Act; and also, Section 24.2-612 of the Code of Virginia requires that absentee ballots in any general or special election be delivered to the registrar at least 45 days prior to the date of the election, and there must also be some additional lead time to allow checking of ballot proofs and printing of the ballots, so a 60 day lead time for the delivery of absentee ballots is quite likely. The City Manager emphasized that once advertised, if the amounts and the categories in the public capital improvements are shifted at all, it will be necessary to go back and re-advertise the proposed bond issue for two additional weeks, so it is fairly well locked in once it goes beyond the July 20 date. He stated that the more formal comprehensive document will be presented to Council on July 25; that on August 8, Council will hold a public hearing; and once Council takes action on August S, the City Attorney will 399 file a motion in Circuit Court and then begin the process of requesting approval from the United States Department of Justice with respect to holding the bond referendum and presenting it to the State Board of Elections who must certify this to put it on the ballot. The City Manager explained that Council does have an alternative to this schedule if for some reason they are not ready to move forward with the advertisement on July 20, wherein should Council want to wait longer before taking the final action, the latest date he believes Council can wait would be the August 22 meeting of Council, at which time a special meeting could be called, and everything could still be worked out with filing the motion in Circuit Court and requesting approval from the Department of Justice and the State Board of Elections. Mr. Herbert recommended that Council follow the current schedule as presented. Without objection, the Mayor advised that Council would go forward with the current proposed schedule as presented by the City Manager for the Capital Improvement Program. STATUS OF CAPITAL IMPROVEMENT PROGRAM: CURRENT CAPITAL IMPROVEMENT PROJECTS: The Acting City Engineer referred to the Capital Improvement Program Planning Summary contained in the Capital Improvement Plan relating to current Capital Improvement Projects. He explained that there are three stages of cost estimates included in the projects, i.e., exceptional cost estimates, preliminary cost estimates, and final cost estimates, and that the summary lists the category/title of each project, the project completion cost, designated funding, additional funding required, and source(s) for additional funding required. It was advised that the following current projects will require additional funding: ADDITIONAL FUNDING REQUIRED $ 523,097 PROJECT CATEGORY/TITLE Roanoke City Jail Annex SOURCES FOR ADDITIONAL mDING CMERP, Capital Fund Interest Earnings or Future Bond Issue RCIT Addition - Site Improvements $ 5,465,862 Sale of Property; Capital Fund Interest Earnings Rallside Linear Park Study $ 2,520,000 Future General Obligation Bond Issue 400 Middle School Modernization/ Additions $22,225,000 Future General Obligation Bond Issue Neighborhood Storm Drain Program $ 9,724,594 Future General Obligation Bond Issue Bridge Maintenance Program $ 6,156,017 Future General Obligation Bond Issue Traffic Signals - Replacement $ 600,000 Future General Obligation Bond Issue VDOT Highway Projects $ 985,905 Future General Obligation Bond Issue The City Manager explained the specifics of the current Capital Improvement Projects, as follows: ROANOKE CITY JAIL ANNEX: It was advised that the Roanoke City Jail Annex project proposes constructing a two-story addition to the existing Jail on property now occupied by an alley located lnmiediately to the west, renovating two existing commercial buildings (the DataSafe building and the Miller-Morgan building) and constructing a two-story addition to the south of the Miller- Morgan Building; that the buildings are proposed to create a single Jail annex with 49,083 square feet of space, with the single cell capacity of this addition being 160 beds or 300 beds if double bunked; that the City Jail was constructed in the late 1970's and was designed to accommodate 162 inmates; that presently, the daily inmate population ranges from 475 to 500 inmates on a given day; that the chronic inmate overcrowding has pushed the physical resources at the City Jail well beyond their capacity forcing the Sheriff to double-bunk and triple-bunk cells designed for single occupancy; that there exists a critical need for additional inmate bed space, day room space, storage space, and additional toilets and shower facilities; that, in addition, more inmate program and resource space must also be provided; and that the project will meet Roanoke City inmate housing needs until the year 1995. It was further advised that the City has met all requirements for State jail construction funding reimbursement per Sections 53.1-80 through 53.1-82 of the Code of Virginia; that the Board of Corrections approved the original request for reimbursement in the amount of $1,913,940, or twenty-five percent of approved project costs; however, since that time, project costs have escalated and 401 a request to increase this reimbursement amount must be made at a future date; and that approval is subject to the availability of funds and in compliance with Sections 53.1-80 through 53.1-82 of the Code of Virginia. ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY ADDITION - SITE IMPROVEMENTS: It was advised that this project is the expansion of the Roanoke Centre for Industry and Technology into the 141-acre tract of land adjoining the Centre, and development is anticipated in five phases; that Phase I includes infrastructure development to serve two sites totaling 39 acres, at a cost of $1,418,757.00, and engineering design of water, drainage, sanitary sewer, lighting and roadway, at a cost of $81,243.00; that Phase II includes infrastructure development to serve one 21-acre site, at a cost of $873,297.00, and engineering design of water, drainage, sanitary sewer, lighting and roadway, at a cost of $87,000.00; that Phase III includes infrastructure development to serve two sites totaling 49 acres, at a cost of $681,675.00, and engineering design of drainage, water, sanitary sewer, stormwater management, lighting and roadway, at a cost of $68,000.00; that Phase IV includes infrastructure development to serve one 24-acre site in Roanoke Centre for Industry and Technology, 30 acres of adjoining property and connecting to Manning Street, N. E., at a cost of $445,488.00, acquisition of three acres of right of way at a cost of $81,720.00, and engineering design of drainage, water, lighting and roadway, at a cost of $45,000.00; and Phase V includes site grading for up to six sites at a cost of $1,650,000.00, and design of grading plans at a cost of $165,000.00. It was explained that with only one prime site left in Roanoke Centre for Industry and Technology, the City of Roanoke needs available land for industrial development, and the recently purchased 141-acre addition has been determined to be environmentally sound and suitable for industrial use. RAILSIDE LINEAR PARK: It was advised that this project would provide a railside linear park along the main line of Norfolk Southern railway between the Historic Market area and the Virginia Museum of Transportation; that a conceptual plan has been prepared which envisions an elevated pedestrian boardwalk, decorative lighting, benches and landscaping; that Phase I would provide the boardwalk and lighting at an estimated cost of $1,500,000.00; that Phase II would provide the remaining benches and landscaping at an estimated cost of $1,034,500.00; that this project is part of the City Council summit recommendation for the need to coordinate and promote tourism for downtown Roanoke, and the economic benefits from this project will be significant by providing a link to the Hotel Roanoke, the City Market, Henry Street and the Transportation Museum; and that by adoption of Resolution No. 31799-121393, City Council authorized execution of an agreement with Hayes, Seay, Mattern and Mattern, Inc., to provide a concept design for a railside linear park, and the study is nearing completion. 402 MIDDLE SCHOOL MODERNIZATION/ADDITIONS= It was advised that middle school buildings constructed prior to 1955 are in need of extensive modernization and renovation~ that the project would involve the improvement of heating and ventilation systems, classrooms, cafeterias, restrooms, libraries, athletic fields, and storage rooms~ that mechanical, plumbing and electrical systems will be brought into conformance with bullding codes, and buildings would be made energy efficient and more accessible to the handicapped~ that the useful life of buildings would be extended by 25 years and the physical plant would be made more conducive to the health, safety and learning of students~ and dependent upon provision of adequate funding, one middle school would be renovated for each year of a four-year period starting in 1995 (Addison, Breckinridge, Jackson and Woodrow Wilson). It was explained that existing funds in the amount of $250,000.00 are from a previous general obligation bond issue and additional funding required would have to come from a future General Obligation Bond issue. NEIGHBORHOOD STORM DRAIN PROGRAM: It was advised that this program consists of planning and construction of projects currently on the Neighborhood Storm Drain Priority List, and the next five years' priorities are as follows~ PROJECT TOTAL ESTIMATED COST Baker Street, N. W. Forest Park Boulevard, N. W. Garnand Branch Flood Reduction Project Norwood/Chester:on, S. W. Massachusetts Avenue, N. W. Trevino Drive, N. E salem Avenue/First Street, S. Storm Drain Cross-Connection $ 545,000.00 $1,100,000.00 $6,650,000.00 $1,050,000.00 $ 60,000.00 $ 430,000.00 $ 265,960.00 $ 38,351.00 It was explained that these projects were instituted after citizens alerted City staff to problems they are experiencing in their neighborhoods~ and that staff placed them on the Neighborhood Storm Drain Priority list utilizing the following criteria: 2. 3. 4. 5. 6. 7. Degree of Property Damage Number of Properties Involved Traffic and Legal Requirements Frequency of Occurrence Floodplain Situation Duration of Problem Age of Request 403 BRIDGE MAINTENANCE PROGRAM: It was advised that this program consists of the ongoing inspection and maintenance of the 99 bridge structures located throughout the City with needs reported through annual bridge inspections; and that currently, the following activities are in various stages of planning and construction= Phase I: Craig-Robertson Road over Garnand Branch, S. E. (Bridge %8052) Centre Avenue over Branch near 24th Street, N. W. (Bridge %8060) Shenandoah Avenue over Branch near 24th Street, N. W. (Bridge 98042) Walnut Avenue over Roanoke River, S. W. (Bridge #1816) Jefferson Street over Railroad, S. W. (Bridge #8003) Phase II: 2. 3. 4. 5. 7. 8. 9. 10. 11. 12. Jefferson Street over Railroad, S. W. (Bridge #8003) Hollins Road over Lick Run, N. E. (Bridge #8061) Williamson Road over Railroad, S. W. (Bridge #1829) First Street over Railroad, S. W. (Bridge #8002) Broadway Street over Ore Branch, S. W. (Bridge #8038) Bandy Road over Garnand Branch, S. E. (Bridge #8009) Thompson Avenue over Garnand Branch, S. E. (Bridge #8056) Brambleton over Murray Run, S. W. (Bridge #1820) Main Street over Roanoke River and Railroad, S. W. - Wasena (Bridge #1822) 9th Street over Roanoke River, S. E. (Bridge #8064) Cove Road over Peters Creek (Bridge #8024) Salem Turnpike over Peters Creek (Bridge #8026) It was explained that bridge inspections are mandated by the Commonwealth of Virginia; that an organized bridge maintenance program funded in an ongoing manner is essential if we are to perform the work in a cost-effective manner; that these projects represent the City's highest priority as recommended through annual and bi-annual inspections, and should this program be suspended, the maintenance costs will go up as deterioration accelerates; that some costs are actual contract amounts, and estimates are derived from preliminary engineering studies conducted by in-house staff and consultants; and that three bridges have been replaced and two others are scheduled for repairs in fiscal year 1993-94, and one is scheduled for replacement in fiscal year 1994-95. 404 TRAFFIC SIGNALS - REPLACEMENT: It was advised that traffic signal controllers, as well as other components related to the operation of traffic signals, must be repaired when failure occurs; that the extent to which such repairs can be done depends upon the availability of replacement parts; that due to rapid technological advancement in the traffic signal controller industry, controllers located at any of the City's 131 signalized intersections, some of which are 40 years of age, continually lapse into obsolescence, thereby making such replacement parts difficult, if not impossible, to acquire; that in such cases, complete traffic signal controller replacement is necessary; that this is projected to occur at six intersections every year; and further, when controllers are replaced, "coordination" with other nearby controllers is needed to further improve traffic progression using devices that interconnect the controllers. It was explained that a proposed replacement guideline to be used includes the Williamson Road Signal System consisting of Master Controller and 13 locations between Orange Avenue and Hershberger Road, Ninth Street System to coordinate recently placed controllers, 24th Street System to replace and coordinate controllers, and Patterson Avenue and 13th Street, S. W.; that traffic signals must continually operate in order to provide for acceptable traffic flow and traffic safety; that any traffic signal equipment that does not operate properly is inefficient, which causes poor traffic progression, wastes man- hours of vehicle occupants, wastes gasoline used by vehicles, causes driver irritation and could lead to traffic accidents caused by driver impatience· It was stated that each intersection requires 6-9 months to design and install} and that these projects are ongoing, but are presently on hold until funding becomes available. VDOT HIGHWAY PROJECTS: It was advised that this program consists of providing the City's share of funding for the adopted Virginia Department of Transportation projects, as follows: 1. Brandon Avenuet S. W. - Consists of widening the street to five lanes for 1.~ miles between Edgewood Street and the western City limits. Peters Creek Road Extension~ N. W. Consists of extending the existing four-lane street for 2.3 miles from Melrose Avenue to Brandon Avenue. 10th Streett N. W. - Consists of widening the street to four lanes for 0.8 mile between Gilmer Avenue, N. W., and Andrews Road, N. W. 2nd Street/Gainsboro Road~ S. W. Consists of the realignment and widening of existing streets to four lanes for 0.7 mile and construction of a bridge at 2nd Street and Shenandoah Avenue/Salem Avenue, S. W. (Project extended between Orange Avenue and Salem Avenue) 4O5 ii Wells Avenue Consists of widening the street to four lanes for 0.3 mile between Willtamson Road and the future Second Street/Gainsboro Road. Street Enhancement - This project will provide for street enhancements from Wells Avenue to Williamson Road. The enhancements would include the plaza, bus shelter, decorative street lighting, and entranceway signage. 5th Street Bridqe - Consists of replacement of existing 5th Street Bridge over Norfolk Southern Railway and widening of approach roadway between Gllmer Avenue, N. W., and Salem Avenue, S. W. 10. 11. 12. It was explained that these projects are traffic movement and safety as traffic flows existing streets and bridges deteriorate. 10th Street - Consists of widening the street to four lanes for 0.9 mile between Andrews Road, N. W., and Wllllamson Road, N. W.; however, at this time, only engineering costs have been programmed. 13th Street~ S. E./Hollins Road - Consists of widening the street to four lanes for 0.8 mile between Dale Avenue, S. E., and Orange Avenue, N. E. At this time, only engineering costs have been programmed. Pedestrian Bridge - Consists of constructing a new pedestrian bridge spanning the Norfolk Southern Railroad between the Market Area and the Hotel Roanoke/Conference Center area. Pedestrian Walkway Enhancement - An open-air, covered loggia to connect the north end of pedestrian walkway to the Conference Center. Shenandoah Avenue Streetscape - This project will provide for street enhancements to Wells Avenue and on the north side of Shenandoah Avenue from Jefferson Street to Williamson Road. The enhancements would include sidewalks, trees and street lighting. needed to ensure increase and the Mr. White referred to Item F, Streets, Bridges and Sidewalks on the Capital Improvement Program Planning Summary and inquired as to whether the City has a current program for new and additional sidewalks; whereupon, the City Manager stated that in each capital bond project, Council has historically included some sidewalks and it has been completed; however, that is not to say that there are 406 not citizen interests in new projects which are back in the new project section, but every time Council approves and the City sells bonds, that project is zeroed out, and spending sidewalk funding is not difficult. Mr. White commented that he believes when the City gets to this bond issue there should be some money included for sidewalks. Wlth regard to the Railside Linear Park project, Mr. Clark advised that in December 1993, Council authorized Hayes, Seay, Mattern and Mattern to assist the City in the development of some concepts on the idea of a Rallside Linear Park~ that one of the first steps was to determine the definition of a railside linear park, and many meetlngs were held with the interest groups in and around downtown, with the Transportation Museum that included representatives of Downtown Roanoke, Inc., the Arts Council, the Hotel Roanoke Complex and downtown business owners, and from these meetings a proposal was developed for what this project might include. He pointed out the Hotel Roanoke, the First Union Tower and Parking Garage, the proposed Pedestrian Bridge and the Virginia Museum of Transportation, and advised that the idea from an economic development standpoint is to try to tie these facilities together, the City Market and its pedestrian orientation from the Hotel Roanoke Conference Center and a destination attraction at the Virginia Museum of Transportation, and to determine how this can be made more user friendly, more pedestrian oriented and a way to invite people to use this corridor. Mr. Clark explained that the concept that has evolved for the railside linear park could be compared to the Boardwalk in Atlantic City, New Jersey, of creating a promenade elevated three or four feet above the street right along the railroad to give people an opportunity to view our rallwalk~ that the concept of several little nodes along the way where some pedestrian activity could be oriented, for example, at the end of warehouse row, is a very natural place to put a small amphitheater in which there could be afternoon concerts or weekend events, and at the other end of warehouse row where a building is due to be torn down in connection with the Second Street Bridge is another spot at which a pedestrian oriented activity could be developed~ and that the railwalk could be elevated several feet above the street with a decorative railing, benches, trees, and decorative lighting that would create a concept like a boardwalk in Atlantic City along the edge of the railroad tracks. He explained that much of this is still conceptual} that the entire project with landscaping, lighting, benches, the boardwalk and the whole concept is estimated by the consultant to cost approximately $2.2 million, and with engineering fees, it will cost approximately $2.5 million~ and that the consultant has developed what could be Phase I, which would include only the boardwalk with lighting for approximately $1.5 million, so that it could be a phased project. 407 Ms. Wyatt stated that she likes the concept and in particular, tying the Center In The Square area and Market area in with the Transportation Museum~ that from the standpoint of being a teacher, it is helpful to have a way to bring school children in and get them safely from one area to another through downtown, and she believes this will be ver~ good for the City and throughout the region for teaching purposes for school chlldren~ that one of the things she would ask the ad~inistration to look at in the future, which is something that is prohibitive about bringing children into the City, is that there is no place to take them for lunch if they are bringing bag lunches, and she would recommend some type of "picnic" area that could be used for school outings during warm weather, which could also be used for tourism. She pointed out that this may encourage people to bring their families in for the day, who might otherwise not be able to afford to eat in the restaurants but could take advantage of the other attractions. Mr. Clark stated that this concept would fit into the amphitheater area; and that there is a tie proposed to the First Street Bridge, providing a way to get up or down from the First Street Bridge so that there is a pedestrian emphasis to the Henr~ Street area down to this railwalk. Mr. Edwards stated that he believes this is a wonderful project, but it seems to him that not only does the need exist for a way to get from point A to point B, but something is needed along the way like shops, and it seems to him the warehouse building between First and Second Streets needs to be developed into something. Mr. Clark stated that all of the owners of these buildings were very much participative in the process and it is hoped that development of the rallwalk would be an encouragement to them~ that some people envision these buildings as becoming restaurants, such as those in the Shockoe Slip area in Richmond, or small boutiques or other shops along this warehouse row strip; that some warehouse uses are there now, and it is important to maintain service access to one side of the building because some of the people who are currently using it as warehouse space are very protective of their service access; and some of the people are very anxious to see this happen immediately, and others may be over time. Mr. Edwards commented that he sees this whole project tying into the Hotel Roanoke/Conference Center, the Trade and Convention Center, and the Henry Street Project. Mr. Clark stated that there was a serious effort made to tie all of these projects in together. Mr. White referred to the "conceptual" status of this project and questioned at what point the conceptual development of a project is far enough along that it will be competing for bond money versus Just receiving planning money. He stated that from what he has heard about this project, it is no further along than the Henry Street project and the Henry Street project has been 408 under discussion for much longer than this project, and he is comparing the Railside Linear Park project to the Henry Street project. Mr. White also referred to other projects that will need to be decided on, and specifically referred to the Jefferson Center project which is already in the operational stage and needs more development, and questioned how the Council will balance these projects and decide which projects to fund. The City Manager stated that the projects move from conceptual into bond projects when Council decides they do; and as he goes through the process to get there, with this project he looks at the Conference Center, the Hotel, the Market Building and the pedestrian tie that comes across, and then the other known project, the Transportation Museum, which is existing and operational and has several hundred thousand visitors coming to it, and this Is only a way to link those two projects together. He pointed out that in talking about how to encourage warehouse row to become something more than it is, that most successful businessmen would make that investment when they decided they could get a return on their investment. He referred to the earlier reference by Mr. White about the Jefferson Center project, and stated that back when the Jefferson Center Foundation asked for $3.5 million in City funds, he would not recommend it until they came up with some leases in order to prove that they believed they could create enough critical mass in that building that would help pay the operating expenses; and that he believes the direction in which the City needs to move with regard to the Henry Street project is that the City needs to move beyond what he hopes to see in that area to determine what it is going to take in terms of the public sector in order to create an infrastructure that will allow the second half of that, the private sector investment, to take place. Mr. Parrott inquired as to whether the $2 million in identified funding includes construction of any new restroom facilities along the Rallside Linear Park; whereupon, Mr. Clark advised that restrooms are not included. The City Manager stated that he believes there are adequate restroom facilities in the downtown area, with the exception of cases where large groups of school children may be concerned. Mr. Parrott questioned whether any thought has been given with regard to the concept of developing the warehouse row area from a warehouse concept to a restaurant or public accommodations concept, and whether any upgrade in the public water and sewer systems in this area will be required; whereupon, Mr. Kiser advised that there is a main interceptor line coming up into that area to First Street, and he has not analyzed it from First Street to Second Street; however, he knows that the water system is good in the Jefferson Street area, but he does not know whether any upgrades will be necessary at this point. 4O9 Ii Ii The Mayor stated that the City may want to take a look at the buildings along the alley that runs behind the Crystal Tower Building and consider changing the buildings to front on that side so that the fronts of the buildings would be visible from warehouse row, and to refocus where people would be making their entrances off of Salem Avenue; that this would require closing the alley and providing parking so that entrances could be made to the buildings from the Salem Avenue side; and that this concept reincorporates the idea of a railroad platform and he believes it will also provide a sense of security in this area. Mayor Bowers further stated that he believes if there is any one important thing that is decided in this project, if it is going to be successful, it must be completed from one end to the other, even if the first phase does not include the benches, the public art, the shrubbery and trees, etc. NEW PROJECT REQUESTS= The City Manager highlighted the new project requests as listed in the Capital Improvement Program Planning Summary under New Project Requests, as follows: PROJECT CATEGORY/TITLE Long-Range Facilities Plan ADDITIONAL FUNDING REQUIRED $ 100,000 SOURCES FOR ADDITIONAL FUNDING REQUIRED Capital Fund Interest Earnings Peters Creek Extension Fire Station $ 870,000 Future General Obligation Bond Issue DRI-Kirk Avenue Improvements $ 53,325 Capital Fund Interest Earnings Stone Printing Building Acquisition Improvements to Virginia Museum of Transportation $ 550,000 $ 1,624,874 Capital Fund Interest Earnings Future General Obligation Bond Issue, $812,437 matched with funding from Virginia Museum of Transportation Victory Stadium/Field House Evaluation Replacement of Cooling Systems Public Schools $ 100,000 - $ 800,000 Capital Fund Interest Earnings Future General Obligation Bond Issue 410 School Technology $ 7,500,000 CMERP Fund, $2,000,000; Future General Obligation Bond I s s u e $5,000,000; Donations , $500,000 Upgrade Fire Alarm Systems - Public Schools $ 120,000 Future General Obligation Bond Issue Computerized Traffic Signal System $ 1,350,000 Future General Obligation Bond Issue Curb, Gutter and Sidewalk Program $ 6,000,000 Future General Obligation Bond Issue 1-581 Connection/Valley View Boulevard Extension $ 7,700,000 State and Federal Highway Funds or Future Bond Issue Roadway Safety Improvement Program $ 300,000 Future General Obligation Bond Issue Traffic Signals New Signals Installation of $ 1,200,000 Future General Obligation Bond Issue Civic Center - Capital Improvements $ 728,000 Future General Obligation Bond Issue Civic Center - Capital Maintenance and Major Repairs $ 1,587,200 Future General Obligation Bond Issue The City Manager explained the specifics of the new project requests, as follows: LONG RANGE FACILITIES PLAN: It was advised that this project would consist of the development of a long-range facilities plan for the City organization in order to anticipate and plan for growth in City programs and provide adequate office space and other operational facilities so that programs can be operated at the highest level of performance possible; and that the plan would address the following issues: 411 m m Determination of the most cost-effective manner of utilizing existing City facilities to meet the current office and other facility space needs of its programs~ 2. Development of future growth projections in office and other facility space needs for the City's various programs~ 3. Identification of cost-effective alternatives for meeting the City's facility space needs for the future; and 4. Recommendation of a long-range strategy for meeting facility space needs and facilitating a high level of program performance. It was further advised that the Social Services Department does not currently have adequate and appropriate space for program operations, resulting in breaches of client confidentiality every day~ that the State Department of Social Services is asking for consideration of additional State and Federal funds to address the problem, but a facilities plan is needed in order to get eighty percent reimbursement from the State; that the Health Department does not have adequate or conveniently located facilities for its pro~ram operations~ that the current facility was built in 1949 to house 56 people and space is currently needed to house 150 people, so the department's programs have been decentralized to various locations around the City to accommodate this need, and a single adequate facility would be better to manage and more convenient to clients~ that a recent study of space needs for the Police Department documented the need for approximately 50,000 square feet of operating space~ and that the Police Department now has only 32,500 square feet of space at its current location, and operating conditions are extremely cramped and not conducive to a high level of program performance. It was explained that these are some of the major space issues facing the City, and in addition, it is necessary to constantly Juggle space assignments to meet program needs~ that a recent example is the transfer of the Grants Compliance Office and Office on Youth to the Jefferson Center to provide adequate operational space that was not available in the Municipal Building, and the Fire Administrative Offices, Police Training Academy and Water Department Administrative Offices were moved to the Jefferson Center to more adequately meet their needs~ and a long-range facilities plan is needed to provide a proactive, rather than reactive, approach to meeting our space needs. PETERS CREEK EXTENSION FIRE STATION= It was advised that a new fire station would be constructed in coordination with the extension of Peters Creek Road to serve the southwest city area, and the project would be a Roanoke City project with the estimated cost representing the purchase of land, construction costs and furnishings; that the area is currently served by Fire Station Nos. 4 and 12, and a permanent facility constructed in an optimum location following the completion of the Peters Creek Road extension would provide better fire protection in the western portions of the city with no additional fire resources; and the current facilities are leased stations costing $15,840 per year for Fire Station No. 4 and $12,000 per year for Fire Station No. 12. DOWNTOWN ROANOKE, INC. - KIRK AVENUE IMPROVEMENTS: It was advised that this project would involve the area on Kirk Avenue between Jefferson Street and Market Streets and would include resurfacing the road, installing part raised concrete paver block and part sidewalk along the north side of the street, installing 14 hanging baskets and 13 vertical flags, installing 7 lighting standards and fixtures along the street, and installing a surface level crosswalk using concrete paver block across the east end of Kirk Avenue at the intersection of Market Street; that this block of Kirk Avenue is the primary pedestrian connection between Jefferson Street and the Historic Market area; that several thousand pedestrians and several hundred vehicles try to interact and use this space daily; that improvement of this block as proposed would greatly enhance the safety of pedestrians and bridge the vitality and activity of the Historic Market Area to Jefferson Street and West Kirk Avenue; and that funding this project would help encourage more of the Historic Market Area vitality and traffic to move westward and ultimately provide assistance in filling the vacant storefronts and returning the lost tax revenues from the closed or relocated businesses. It was explained that this project is currently identified by Downtown Roanoke, Inc., as the top priority capital improvement project needed in downtown Roanoke, and that the City owns the property where the project would occur. STONE PRINTING BUILDING ACQUISITION: It was advised that this project consists of the acquisition of the former "Stone Printing" building, and the property is needed for future needs relating to the Hotel Roanoke and Conference Center; and that the property has been offered for sale by the owner at $550,000.00. IMPROVEMENTS TO VIRGINIA MUSEUM OF TRANSPORTATION: It was advised that the proposed improvements have been designed so that they may be accomplished in phases; that the first phase is to renovate the existing front facade and construct improvements which enhance the facility's identity and visibility, and invigorate and humanize the pedestrian experience; that specifically, the Museum will upgrade the front facade with paint, construct a new front entry, and install two neon signs on the Museum's roof, and this phase will also include building a pedestrian plaza in the area between Second and Third Street; that the second phase of the proposed improvements includes building a cover/shed for the Museum's outside rail and road collection, and the design of this 413 cover will complement the roof lines of the existing freight station and will have skylights to allow for natural lighting; that development of the shed will be divided into four phases, and each phase or increment is 70 foot by 180 foot, or 12,600 square feet in area; and that the cost of building each phase is $15.00 per foot, totaling approximately $189,000.00, and the total cost for all four phases of the project will be $756,000.00 with design contingency fees of $113,400.00, and the total for the second phase will be $869,400.00. It was further advised that the third phase of the proposed improvements includes building an amphitheater where the back parking lot presently is located; that this amphitheater would provide a comfortable setting for visitors to enjoy "Roanoke's River", the working line of the Norfolk Southern Railroad; that the design includes an elevated platform along the tracks which provides an extension for the City of Roanoke's proposed linear art/rail walk; that the Museum would also use the amphitheater for workshops, tours, lectures and special events; that the Roanoke Valley Garden Club has chosen the Museum as their main project and will play a big part in the landscaping needs for this area, as well as the pedestrian plaza; and the total cost for building the amphitheater is $375,474.00. It was stated that the Museum proposes to fund this project in a variety of ways; that the cost of completing three phases of the entire proposal is $1,624,874.00; and that the Museum has applied for ISTEA funds and will also look for private and corporate donations, and the Museum has requested that the City provide 50 percent of the funding, or $812,437.00. It was explained that the Virginia Museum of Transportation, Inc., the official transportation museum of the Commonwealth of Virginia, is housed in Roanoke's historic Norfolk and Western Railroad Freight Station; that while this location compliments the mission of the Museum and its significant rail and road collection, the building's current physical appearance lacks noteworthy appeal and some structural enhancements are needed to meet the current needs of the facility; that in order to begin addressing some of the challenges, professors and students from the College of Architecture and Urban Studies to Virginia Polytechnic Institute and State University presented ideas for enhancing the Museum's facility in December 1993, and the enthusiasm generated from this presentation led to the Museum's Board of Directors hiring the architectural firm of Hayes, Seay, Mattern and Mattern, Inc. to work with the College of Architecture and Urban Studies and the Museum's Board to create a renovation plan for the Museum, and the result was an exciting, doable plan for the Museum's future that will compliment some of the City's initiatives for tourism development; and that conceptual plans have been completed and the Museum is seeking funding. 414 VICTORY STADIUM/FIELD HOUSE'EVALUATION: It was advised that this project would involve a contract with a consultant to evaluate Victory Stadium and prepare a report as to the current needs and future opportunities of the facility and the site; that the study would analyze the market trends and identify the revenue generating potential of the property and/or present other possible options for consideration; that this research would also assess the appropriate infrastructure improvements in order to maximize the service potential of the facility, and the study will also evaluate the feasibility of an indoor track and supporting facilities; that a determination ls needed as to whether the facility is a sleeping giant or an unproductive dinosaur; and that Victory Stadium, constructed in 1942, is a structure that is beginning to show its age and wear, and in order to attract new and keep existing quality athletic and festival events a plan of action needs to be formulated. REPLACEMENT OF COOLING SYSTEMS - PUBLIC SCHOOLS: It was advised that the air conditioning systems installed in schools constructed in the 1970's are nearing the end of their useful life; that the age of the systems has led to frequent repairs/breakdowns and many repair parts are difficult to obtain; that an engineering study shows that the cost of replacing/upgrading these systems is about $800,000.00; that the replacement of cooling systems is required to improve energy efficiency, eliminate breakdowns, and reduce repair costs; and that the project should commence in July 1995 and be completed by 1997. SCHOOL TECHNOLOGY: It was advised that the schools now have one computer for every 10 students and the objective is to reduce the ratio to one computer to every five students within five years; that computer technology requires that all instructional computers within a school be linked to a network system to facilitate the use of instructional software and student evaluation; that htgh-tech information technology is required for school library-media centers to allow students access to modern methods of information research; that while the schools have been successful in obtaining Magnet School funds to improve technology in selected schools, approximately two-thirds of all City schools have not been eligible for these funds and lack money for instructional technology innovations; that the instructional technology objective would be to equip these schools with a computer for every five students and network these computers throughout the school; that appropriate instructional software will be required to operate these systems, and school library-media centers also must be equipped with a computerized information retrieval system that has the capability to retrieve information from local, regional and national information networks; and a centralized technology training site must be installed to educate staff on the use of instructional and information technologies. 415 Il UPGRADE OF FIRE ALARM SYSTEMS - PUBLIC SCHOOLS: It was advised that schools not scheduled for renovation within the next five years require the upgrade of their fire alarm systems to comply with new local building codes; that system upgrade is required to meet local building codes and improve building safety; and that the funding status will depend upon a future General Obligation Bond issue. COMPUTERIZED TRAFFIC SIGNAL SYSTEM: It was advised that installation of the City's existing Central Business District Computerized Traffic Signal System, which controls and coordinates traffic signal operations at 41 intersections in downtown Roanoke was completed in 1980; that this system's central control system, traffic signal controllers and cabinets, and communication cables must be replaced; that the existing system is now obsolete due to rapid technological advancements in the traffic signal system industry; that the manufacturer of thls system no longer stocks several of the major parts used in our system; that parts which are available have become expensive; that the traffic signal control equipment at each of the 41 intersections have also gone out of production and replacement parts are difficult to obtain; that traffic signals must continually operate in order to provide for acceptable traffic flow and traffic safety; that system failure now occurs regularly, as often as twice per week, causing the system to fall back to its inefficient back-up system; that this results in poor traffic progression, wastes man-hours of vehicle occupants, wastes gasoline used by vehicles, causes driver irritation and could lead to traffic accidents caused by driver impatience, and requires department personnel to spend considerable amounts of time to restore the system after each failure; that an estimate was developed in consultation with the Virginia Department of Transportation Traffic Engineers and consulting firms based upon their knowledge of costs of other signal systems; and that this project is on hold until funding becomes available. CURB, GUTTER AND SIDEWALK PROGRAM: It was advised that this program consists of replacing old and constructing new curb, gutter and sidewalks in the four quadrants of the City where citizens have requested them; that the total n,mber of requests was 341, as of October 9, 1992; that many neighborhoods throughout the City need new or replacement curb, gutter or sidewalk in order to improve safety, drainage and aesthetics; that the source of estimates include field visits and measurements by Department of Engineering personnel and review of current and past curb, gutter and sidewalk contract prices in the City of Roanoke, and means construction cost tables which are updated annually, were also consulted; and the funding status is dependent upon a future General Obligation Bond issue. 416 1-581 CONNECTION/VALLEY VIEW BOULEVARD EXTENSION: It was advised that a proposed new interchange on 1-581 would provide additional access to Valley View Mall, the proposed Wal-Mart Superstore, the Roanoke Regional Airport, as well as open up access to over 130 acres of land for development; that a justification study by Wilbur Smith Associates will provide the technical information for use in trying to gain State and Federal approval that is needed for this interchange; that the interchange configuration has not been determined; that efforts need to be made to gain approval for a compressed-diamond interchange; that Valley View Boulevard would be extended to connect with the new interchange; that the next option would be for a partial interchange with ramps to and from the south only; that additional access to 1-581 is needed to relieve the poor levels of service experienced at the 1-581/Hershberger Road interchange, as well as problems associated with Valley View Boulevard traffic, especially at the interchange with Hershberger Road; and that the interchange Justification study is nearly complete, with construction being dependent upon State and Federal approvals. It was further advised with regard to the funding status that assuming the interchange is approved, efforts can be made to secure State and Federal highway funds available on a competitive basis with other projects in the State; and if funds are not available, local funds would be needed, for which no source has been identified; and portions of Valley View Boulevard Extension would be paid for by benefitting property owners, and the City's cost would be limited to $5,000,000.00. ROADWAY SAFETY IMPROVEMENT PROGRAM: It was advised that the City of Roanoke has approximately 2,800 street intersections; that citizens occasionally advise the City of their concerns regarding traffic safety situations at some of these intersections; that while the City can often resolve many of these concerns with improvements funded from departmental operating budgets, there remain several locations where improvements necessitate funds not within the financial capacity of department operating budgets; that the funding would be used to reconstruct roadway alignments and grades at various intersections which would result in better visibility of approaching traffic; that four such locations that would benefit from this reconstruction include King Street and Berkley Road, N. E., Bennington Street and Rlverland Road, S. E., Hemlock Road and Nelms Lane, N. E., and Old Mountain Road and Nelms Lane, N. E.; that this program would result in improved traffic safety and a decrease in the number of traffic accidents that occur at these locations; that the project is estimated at an average per project of $12,500.00 for engineering, $12,500.00 for right-of-way acquisition, and $50,000.00 for construction based upon in-house stimates; that projects included in this program are on hold until 417 funding becomes available; that a Virginia Department of Transportation Safety Grant in the amount of $150,000.00 has been secured for King Street and Berkley Road, N. E., and Old Mountain Road and Nelms Lane, N. E.; and a funding source will need to be identified for the remaining $150,000.00 needed. TRAFFIC SIGNALS - INSTkT.?.ATION OF NEW SIGNALS: It was advised that the City of Roanoke has 131 intersections controlled by traffic signals; that there are presently twelve additional intersections that qualify for traffic signalization in accordance with federal specifications found in the Manual On Uniform Control Devices (MI~IN2D); that these specifications consider vehicle volumes, delay, pedestrian activity and accident history; that this project would provide funding for the signalization and related work at four intersections; that the City's traffic signal ranking system presently identifies the top four signalization needs; that traffic volumes continue to grow on an annual basis in the City of Roanoke; that this trend is projected to continue, and as it does, more intersections will be added to the overall list of candidates for signalization; that based upon past experience, Roanoke can expect its citizens to place strong emphasis on the need to signalize a particular intersection in any given year due to traffic delays and/or a high number of traffic accidents; that these legitimate needs must continue to be met to improve the efficient and safe movement of traffic through heavily traveled intersections; that the source of estimates is based upon historical cost data for other signalization projects, and anticipation of costs expected for these four signalization projects; that these signalization projects are on hold until funding becomes available, and each project would be scheduled individually with each project requiring 9-12 months to design and construct; and no funding has been identified for this project. CAPITAL IMPROVEMENTS - CIVIC CENTER: It was advised that this project consists of installing an enclosure over the front entrance to the Exhibit Hall; installing a directional sign for the Exhibit Hall entrance; installing an enclosure over the rear entrance of the Coliseum and constructing an outside building for storage of equipment; constructing seating platforms for the disabled in the Coliseum and Auditorium; enlarging the Administration Office space into the Vestibule area; installing a monolithic floor system composed of an epoxy mastic material over the Coliseum concourse; installing a ramp for the disabled in front of the Coliseum; installing an orchestra shell in the Auditorium; enclosing the Auditorium Terrace entrance; and replacing the existing Coliseum scoreboard by private donation. It was further advised that the ramp for the disabled and seating area are needed to comply with the Americans With Disabilities Act; that the enclosure is needed over the Auditorium balcony to better utilize the facility; that the orchestra shell was removed from the Auditorium and needs replacing; that the enclosure is needed over the Exhibit Hall steps 418 to eliminate dangerous conditions during inclement weather conditions; that the directional sign is needed to identify the location of the Exhibit Ball; that the existing scoreboard is old and replacement parts are not available; that the Civic Center needs additional office space for future expansion and an enclosure is needed over the ramp at the rear of the Coliseum to eliminate hazardous working conditions; that the facility is in need of capital improvements to enhance facility usage by lessees and patrons; and that funding for replacement of the existing Coliseum scoreboard will be provided b y private donation, and the remaining project funding will come from a future general obligation bond issue. CAPITAL MAINTENANCE AND MAJOR REPAIRS - CIVIC CENTER: It was advised that this project consists of replacing existing fire and temperature control system, replacing the Auditorium stage flooring, repaving and re-striping the parking lot, pressure cleaning and repainting all exterior surfaces, replacing foam and covers for 8,372 permanent seats in the Coliseum, replacing side and end risers with motorized retractable units, replacing 6,000 square feet of existing damaged sidewalks surrounding the facility, directional signage and parking improvements, and additional facilities for ladies restroom. It was further advised that Civic Center construction was completed in March, 1971; that due to usage over the past 22 years, the facility has deteriorated and is in need of major capital maintenance; that the existing fire and temperature control system is obsolete and parts are no longer available; that the Auditorium stage floor is splintered and dangerous for many events; that the parking lot has many cracks and potholes and is badly in need of repaying; that permanent seating in the Collseum needs replacement of foam cushions, spring and seat covers; that the useful life of present seating has expired; that existing risers are worn out and require continuous maintenance; that there are insufficient facilities available in the Coliseum ladies restroom; that parking directional signage is needed, as well as more parking and an improved counting system; and that with regard to the funding status, the bid for repaying and re-striping of the parking lot has been awarded, and funding for the remaining projects would come from a future general obligation bond issue. Mrs. Bowles inquired as to the status of the auditorium renovation at the Jefferson Center; whereupon, the City Manager stated that it is the Jefferson Center's project to renovate the auditorium; that the targeted use for the auditorium is conceptual at this point, and that Judge Fitzpatrick had advised him that the Roanoke Symphony, the Opera, the Junior Miss, the Kiwanis, the Travelogue and the Ballet were essentially those who have expressed an interest in using the auditorium if it is available; that there had not been any feasibility report generated; and he had delayed recommending the Jefferson Center project until some leases were entered in terms of the intended use. Be stated that in talking with the Civic Center management, the biggest cost at the Civic 419 Center is the auditorium, which is the big time loser at that facility; however, he pointed out that the Civic Center was built for the use of the community, and there are not very many civic centers in the United States that make money, in that it is just not the nature of these facilities to make money. He stated that one of his concerns was the loss of the Symphony to the Jefferson Center Auditorium, but the Civic Center staff has told him that he should not be concerned inasmuch as the flat fee rental the Symphony pays to use the Civic Center Auditorium does not cover the costs anyway; that his initial alarm was that we may be creating a problem for ourselves at the Jefferson Center by spending million of public money to move activities out of the Civic Center, which is still a concern of his; that another concern he has is that the Jefferson Center has not even looked at the operating impact of operating the auditorium, and his thought process automatically leads to where the revenue will come from for the facility if they build it and try to operate it; that the Jefferson Center has not thought this through and has not set a system of fees, and there should be some real concern if the City launches into this project; and that a feasibility study should be conducted to know what the operating costs will be. In answer to a question from the Mayor with regard to ways to assist and cooperate with the Jefferson Center in getting the other portion of the building renovated for leasing purposes in order for it to become a money maker, the City Manager stated that he believes the Jefferson Center Foundation feels that if there is any money to be raised publicly it is associated with that auditorium. (At this point, 4:45 p.m., Council Member Wyatt left the meeting.) There was discussion with regard to the acoustics of the Jefferson Center auditorium, and references were made to other similar facilities in the area. The City Manager referred to the line item under Miscellaneous New Project Requests relating to a Parking Facility for the Jefferson Center, and stated that in the long term development of the Jefferson High School they are in dire need of parking space; that the City's internal parking committee has focused on potentially creating parking for municipal employees during the day, which will also benefit the Jefferson Center in the evenings; and that he does not believe this needs to go in terms of a referendum, but it might need to be a part of a wider capital improvement program. In response to a question from Mr. Edwards as to the area proposed to be used for parking, the City Manager advised that the committee has looked at the east side of the building where multi-housing exists right above the YMCA, and suggested the possibility of cleaning out that area, and going down one street to try to pick up any available clean lots. 420 With regard to the request under Parks for the Victory Stadium/Field House evaluation project, the City Manager stated that this is a capital improvement issue but not necessarily a general obligation bond issue; that it is intended to try and provide the engineering staff with some resources to determine what the potential reuse of Victory Stadium might be and secondly, to get at the issue regarding a Field House; and that the $100,000 estimated amount includes roughly $50,000 for each side of this issue; and that the need exists to begin to get the school administration, the athletic community and citizens who live in that vicinlty involved in the process. Mr. White commented that he feels the School Board and the school administration should be involved in the project, and even if they are not willing to participate in the funding, they should be involved in the development and study process. Mr. Edwards provided a briefing with regard to discussions held by members of a Field House Steering Committee over the past six weeks or so, and advised that the original concept was to start from scratch and build a field house in some location that the City already owns; that more recently, it came to the committee's attention that Celebration Station, which is owned by First Union Bank, is on the market for $3.25 million; that the building is located near the Airport, it has over 1,000 parking spaces, and roughly one-quarter of the building is already being leased until 1998, with options to renew for up to an additional ten years; that essentially, the building already has rental income in excess of $300,000 per year guaranteed; that an approximately 700 foot by 200 foot portion of the building is empty, which is twice the space that would be needed for a field house; that this portion was recently remodeled into offices and shops, and if this area was gutted, these materials would be of some value; that he will receive information within the week from Ray Craighead, an engineer, as to how much it would cost to gut the facility and then put back in what is needed for a field house; and that his guess for conceptual purposes is that the cost will be between $800,000 and $1 million, and he believes First Union would be willing to sell the building for less than $3.25 million. He stated that Roanoke County may be willing to participate in the cost of the proposed facility, and pointed out the possibility of charging the City and County school systems for use of the facility. Mr. Edwards further explained plans which would include an indoor soccer field with seating for 850 spectators, a 200-meter track, locker rooms, basketball courts, and gymnastics, and stated that the facility could be rented out for tournaments and used for winter sports activities, and that Roanoke County also may be interested in using the facility for Northside High School activities. He pointed out that this plan may be workable if the building could be purchased and renovated for approximately $4 million, and if there was in excess of $400,000 per year in rental 421 income to pay it off; that he does not know what the operational costs would be, but it seems to him this would be the kind of facility that would pay for itself; and that it would serve a very important function in the community, as well as bring in revenue to the area in terms of economic development. The City Manager advised that he would present a report to Council next week with specific recommendations on items to be included in the $23 million bond issue. Mr. White commented that the City is possibly getting ready to spend $23 million in capital funds, and his concern would be that the City does not get into the situation of where there is no plan to include full participation from all the different trades, minority groups, or local labor; and he would hope that as a part of the bond package the City Manager would include a note to let Council know what mechanisms are in place to avoid having to go out and create a whole special group to ensure that all segments of the community are involved in these capital projects. The City Manager stated that he does not have a staff dedicated to this project, and that he sees the need for a group discussion with regard to whether or not Council wants him to create and dedicate staff to this particular project, and that he understands the need to continue the ongoing discussion. The Mayor expressed appreciation to the City Manager and members of the City staff who participated in the capital improvement program development process. The Mayor pointed out that it is his understanding that the advertising or publicity for a bond issue is usually handled by the Chamber of Commerce, and he suggested that the City Manager contact John Stroud or Joe Vipperman to let them know that this is coming and to emphasize right from the beginning that City Council and the City Administration are anticipating the Chamber's support of this bond issue. There being no further business, the Mayor declared the meeting adjourned at 5:30 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 422 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL July 11, 1994 10:00 a.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, July ll, 1994, at 10=00 a.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reqular Meetinqst of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT= Council Members John S. Edwards, Delvis O. McCadden (arrived at 2=00 p.m.), John H. Parrott, William White, Sr., Linda F. Wyatt, Elizabeth T. Bowles and Mayor David A. Bowers .... 7. ABSENT= None ............................................... 0. OFFICERS PRESENT= W. Robert Herbert, City Manager} James D. Ritchie, Sr., Assistant City Manager} Wllburn C. Dibling, Jr., City Attorney} James D. Grisso, Director of Finance} and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend Charles T. Green. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. BID OPENINGS CITY PROPERTY-CHURCH AVENUE PARKING GARAGE-UNITED STATES POST OFFICE-FIRST UNION NATIONAL BANK: Pursuant to notice of advertisement for bids for leasing a portion of the first floor space in a building located at 101 Church Avenue, S. W., for renovation at bidder's cost for use as commercial or office space, said bids to be received by the City Clerk until 9:30 a.m., on Monday, July 11, 1994, and to be held, opened and read before the Council at 10:00 a.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 bid submitted by the United States Postal Service as follows: I 423 ACTION: ACTION: Annual Rental Years 1 5 - Annual Rental Years 6 - 10 Annual Rental Years 11 - 15 - Annual Rental Years 16 - 20 - (For full text, see bid on file Office.) $31,800.00 $35,800.00 $40,120.00 $44,935.00 in the City Clerk's Mr. White 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. Parrott and adopted. The Mayor appointed william White, Sr., Chairperson, John H. Parrott, William F. Clark and Kit B. Kiser as members of the committee. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or formS, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. The Mayor further advised that it had been requested that Item C-6, a report of the City Manager with regard to a contractual agreement with Towers Perrin to provide planning assistance in identifying services that could be provided regionally, be removed from the Consent Agenda for consideration as a separate agenda item. Mayor Bowers called specific attention to one request for an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council. OATHS OF OFFiCE-COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by CounCil, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) 424 ACTION: ACTION: Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motlon was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, Parrott, White, Wyatt, Bowles and Mayor Bowers ......................... 6. NAYS: None ...................................... 0. (Council Member McCadden was absent.) COUNCIL-CITY GOVERNMENT-STATE OF THE CITY REPORTS: The 1994 State of the City Report as presented by Mayor David A. Bowers at the Organizational Meeting of Council on Tuesday, July 5, 1994, was before Council. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that the recommendations be referred to the City Manager for study, report and recommendation to Council. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, Parrott, White, Wyatt, Bowles and Mayor Bowers ......................... 6. NAYS: None ...................................... O. (Council Member McCadden was absent.) ACTS OF ACKNOWLEDGEMENT-CLEAN VALLEY COUNCIL- RECYCLING-SCHOOLS: A communication from Mayor David A. Bowers transmitting an article from the Blue Ridge Reqional Business Journal with regard to neighborhood recycling efforts of three young men, and suggesting that the matter of recognizing young people who have demonstrated environmental concerns be referred to the City Manager, the Clean Valley Committee and the Superintendent of Schools for appropriate response, was before Council. (For full text, see communication on file in the City Clerk's Office.) 425 ACTION: ACTION: Mrs. Bowles moved that the matter be referred to the City Manager, the Clean Valley Committee, and the Superintendent of Schools for appropriate response. The motion was seconded by Mr. Edwards and adopted by the following vote~ AYES: Council Members Edwards, Parrott, White, Wyatt, Bowles and Mayor Bowers ......................... 6. NAYS: None ...................................... 0. (Council Member McCadden was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE VALLEY RESOURCE AUTHORITY: A communication from Council Member John H. Parrott tendering his resignation as a member of the Roanoke Valley Resource Authority, advising that he is willing to serve until his successor is appointed by Council, 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 and that the resignation be accepted. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, Parrott, White, Wyatt, Bowles and Mayor Bowers ......................... 6. NAYS: None ...................................... 0. (Council Member McCadden was absent.) STATE HiGHWAYS-LEGISLATION-TRAFFIC: A report of the City Manager in connection with a Virginia Department of Transportation corridor study to determine the feasibility of improving Route 220 from Roanoke to Martinsvllle, was before Council. The City Manager advised that on December 13, 1993, Council adopted Resolution No. 31794-121393, which requested the Virginia Department of Transportation (VDOT) to conduct a corridor study on U.S. Route 220 from Interstate 581 to the North Carolina state line for the purpose of developing a specific plan and schedule for needed improvements, with other localities along the U. S. Route 220 corridor having made similar requests of 426 ACTION: ACTION= VDOT; and accordingly, VDOT has now included $100,000.00 in its revlsed Slx-Year Plan for a corridor study to determine the feasibility of Improving Route 220 from Roanoke to Martinsville. It was further advised that in a similar, yet separate, effort through the U. S. House of Representatives Surface Transportation Subcommittee, legislation was proposed in May of 1994 for $5 million for initial planning and engineering of a new "interstate-quality" highway as part of the National Highway System, which would improve existing U. S. Route 220 between Roanoke and Greensboro and is referred to as Interstate 83~ and this legislation has now passed the House of Representatives and awaits U. S. Senate action which could occur as early as the su~uuer of 1994, or be postponed until 1995. It was explained that the Virginia Department of Transportation has advised that no further action by the City is necessary at this tlme~ and VDOT understands the City's interest and will keep the City informed as the study progresses, with Council to be advised if further action is needed. (For full text, see report on file in the City Clerk's Offlce.) Mrs. Bowles moved that the report be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, Parrott, White, Wyatt, Bowles and Mayor Bowers ......................... 6. NAYS: None ...................................... 0. (Council Member McCadden was absent.) OATHS OF OFFICE-COMMITTEES-PLANNING-FIFTH PLANNING DISTRICT COMMISSION-COUNCIL: A report of qualification of John S. Edwards as a member of the Fifth Planning District Com~ission, for a term ending June 30, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: 427 AYES: Council Members Edwards, Parrott, White, Wyatt, Bowles and Mayor Bowers ......................... 6. NAYS: None ...................................... 0. ACTION: (Council Member McCadden was absent.) OATHS OF OFFICE-COMMITTEES-SCHOOLS: A report of qualification of John H. Saunders, Marllyn L. Curtis and Marsha W. Ellison as Trustees of the Roanoke City School Board, for terms ending June 30, 1997, was before Council. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, Parrott, White, Wyatt, Bowles and Mayor Bowers ......................... 6. NAYS: None ....................................... 0. ACTION: (Council Member McCadden was absent.) OATHS OF OFFICE-COMMITTEES-LIBRARIES: A report of qualification of Frank J. Eastburn as a member of the Roanoke Public Library Board, for a term ending June 30, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, Parrott, White, Wyatt, Bowles and Mayor Bowers ......................... 6. NAYS: None ...................................... 0. (Council Member McCadden was absent.) REGULAR AGENDA CITY GOVERNMENT-REGIONAL COOPERATION-CONSULTANTS REPORTS: A report of the City Manager advising that a communication was sent to Council on December 10, 1993, detailing the status of the process undertaken by Roanoke 428 Valley governments to explore regional approaches to governmental service delivery; and following receipt of the communication by Council, a letter was sent to the consulting firm of Towers Perrin by a planning group representing the Valley governments requesting that the firm provide assistance in identifying those services that could be provided regionally. The City Manager further advised that a response has been received from Towers Perrin stating that the estimated cost of their assistance will be $25,000.00 to $30,000.00, which exceeds the planning group's requested budget of $15,000.00, however, the City Manager noted that he was comfortable with the recommended approach in assisting the planning group and does not believe that the proposed budget of Towers Perrin for services is exorbitant. The City Manager noted that it is his opinion that it is necessary for the City to continue to participate in the process to pursue what is understood to be Council's desire to identify a package of potential services that, if provided regionally, would meet the needs of the region and be socially responsible to the citizens of Roanoke; therefore, the City Manager recommended that Council concur in the following actions= authorize the City Manager to approve, on behalf of the City, a contractual agreement with Towers Perrin to provide planning assistance as outlined in a communication attached to the City Manager's report; authorize the City Manager to expend up to an amount equivalent to the City's pro rata share (based on population) of one-half of the proposed budget for the consultant to fund the contractual agreement, the City's estimated share to be less than $7,000.00, with the business community proposing to fund one-half of the cost of the study, and local governments are proposed to fund the remaining one-half on a pro rata share basis. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following resolution: 429 ACTION: (#32091-071194) A RESOLUTION authorizing the City Manager to enter into a contract with Towers Perrin to provide professional services in connection with the exploration of regional approaches to governmental service delivery. (For full text of Resolution, see Resolution Book No. 56, page 256.) Mrs. Bowles moved the adoption of Resolution No. 32091-071194. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, Parrott, White, Wyatt, Bowles and Mayor Bowers ......................... 6. NAYS: None ...................................... 0. (Council Member McCadden was absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: ELECTIONS-COUNCIL: The Reverend Charles T. Green, 1731 Hanover Avenue, N. W., having placed an item on the agenda with regard to a system of electing Roanoke City Council Members via a modified ward/district system, the matter was before the body. The Mayor advised that ten persons had registered to speak on the matter, that Reverend Green had requested to be the last speaker and in view of the number of speakers, he asked that each speaker limit their remarks to five minutes or less. The Reverend D. Elliott Hipp, 1122 Morehead Avenue, S. E., Pastor, Belmont Baptist Church, requested that Council take all necessary steps to change the method in which City Council Members are elected from the current at-large system to a system whereby Council Members will be elected from districts or wards. He pointed out that as he talked with individuals throughout southeast Roanoke, they were enthusiastically in support of the request, and he asked that Council take special note because southeast is an area of the City that has been labeled in the past as apathetic, uninterested in issues, and not willing to stand up for itself. He advised that neighborhoods have common interests and needs that differ from one neighborhood to another, and each area of the City should have one person to represent the specific interests/concerns of that area. 430 Mr. Thaddeus H. Hale, Jr., 4757 Biltmore Drive, N.W., urged immediate implementation of a district representation system for electing City Council Members. He advised that one of the positive aspects of district representatives is that each district of the City will have a representative of their choice on City Council. He noted that advocates of the present at-large system state that there are adequate Council Members from walks of life presently seated on City Council, but he questioned if all sections of the City are properly represented. He stated that supporters of district representation wish to insure election of certain types of candidates which, in turn, will insure election of City Council Members who will lend voices to certain types of community concerns and enhance any debate concerning the overall welfare of the City as a whole. He added that interests of the City's various communities need to be heard, and Council Members who are accountable to a certain segment of the electorate will be in a more advantageous position to advocate the interests of a specific section of the City in a principled debate toward a broader definition of what is best for the City. He stated that another positive aspect of district representation is the ability of presently unrepresented neighborhoods to have fair and equal access in the governing process, one example being the citizens of southeast Roanoke. Ms. Marie L. Dull, 821 Tazewell Avenue, S. E., addressed the need for more community activities for the youth of southeast Roanoke, and asked that a movie theatre be constructed in southeast within walking distance for those citizens who cannot afford private transportation. She requested that weekend activities be planned for youth, such as dances or a teen center, and called attention to the illegal sale of alcohol to underage teens by some merchants in the southeast area. The Mayor requested that the Director of Public Safety contact Ms. Dull to discuss recreation activities sponsored by the City for Roanoke's youth, as well as summer job opportunities. Mr. Elmer C. Fitzgerald, 1740 18th Street, S. E., advised that he lives in the Rlverdale section of southeast Roanoke which does not have representation on City Council; and since the Riverdale area was annexed to the City in 1949, it has become a dumping ground for numerous undesirable City projects. He spoke in support of the district system for electing City Council Members. 431 Ms. Lenora V. Williams, 1218 6th Street, S. E., advised that as a resident of southeast Roanoke, she favors the district system of electing City Council Members which would insure that southeast will be adequately represented. She pointed out that since representatives of the United States Congress and the ¥irginia General Asse~ly are elected from election districts, she did not understand why the same procedure could not be applied for election of City Council Members. Ms. M. Wendy O'Neil, 1526 Monterey Road, N. E., spoke on behalf of the modified ward system, advising that Roanoke is blessed with a diverse population which sets the City apart and should instill a sense of pride. She stated that Council has the opportunity to demonstrate clear and effective leadership to uphold key American principles -- government of the people, goverrunent by the people and government for the people. She asked that Council demonstrate to the children of the City of Roanoke and to their children that citizens of Roanoke City stood united and solid in support of equal representation because it was the right thing to do. She advised that a modified ward system would allow all citizens to share in the decisionmaking process, allow all citizens to share responsibility, and allow all citizens to share the City's successes and challenges. Mr. Ray W. Barbour, 686 Montrose Avenue, S. E., advised that southeast Roanoke has no representation on City Council. He stated that he attended meetings which were held for the purpose of establishing the Enterprise communities Program during which time citizens repeatedly stated that they were not being adequately represented by City council, and Council was accused of conducting far too much of the City's business behind closed doors. Mr. Benjamin F. Tyree, 2501 Hanover Avenue, N. W., advised that the small turnout for City Council elections in the past should be an indication that something is wrong with the present system. He stated that he remains in favor of the modified ward system which would eliminate the sentiment of citizens that they are not properly represented. Ms. Evangeline B. Jeffrey, 3731 Wilmont Avenue, S. W., advised that presently when citizens present a concern(s) to City Council, Council has little or no time to research or educate itself with regard to those concerns, however, under a modified ward system, the district representative would make the general Council aware of concerns before presentations are made to the 432 entire Council, and in many cases, minor concerns could be handled by the district representative in a more effective and expedient manner. She pointed out that presently, no open or clearly defined areas of responsibility exist for Council persons relative to neighborhoods or community concerns, and, in today's environment, it is unfair, unjust, unspeakable and slightly ridiculous to have a representative elected at large by the populace and be assigned ever so subtly to represent a community because of the color of his or her skin. She advised that accountability is the key factor in what citizens expect today in representation, that a Council person elected at large may not appreciate being forced to represent a specific group, or may be reluctant to represent a certain community because that Council Member is perceived as a representative of the total community at large. She advised that an ethnic group of any citizenship or nationality can lead a community in a specific job if applied for and elected specifically to represent that neighborhood or community. She stated that citizens are tired of meeting with Council persons, regardless of their color, in private only to discover at some future date that they are afraid to speak because of their at-large status. She advised that citizens want open, clearly defined representation which will help Council to pursue the mission of citizen representation. She stated that change is generally somewhat difficult, but it is necessary if a locality is to become less antiquated, less resistant to the will of the citizens, and if it is to become more progressive, more Just, more fair, more realistic, and more democratic in its form of government. Inasmuch as Council has been given the power to change the present at-large system to a modified district system, she requested that Council adopt a modified district system and allow democracy to rule. Mr. A. Byron Smith, 4710 Cheraw Lake Road, N. W., advised that the City has a system of electing Council members at-large and it is difficult for persons serving at-large to devote a great deal of attention to any one area because their position is that they must be responsive to all areas of the City. He called attention to the need for each section of the City to have a district representative which is the modern trend of representation at the State level, and other cities in the Commonwealth have followed that example. Under the present at-large system, he stated that the majority of citizens of the City of Roanoke do not feel that their opinion counts, and suggested that Council review the matter and cause it to be an item of concern by enacting the modified ward system for electing City Council Members. 433 The Reverend Charles T. Green, 1731 Hanover Avenue, N. W., advised that the matter is not a racial issue and his concern does not relate to the number of blacks or the number of whites on City Council, however he is concerned about represe~tation because under the present at-large system, Council can ignore any area of the City. He stated that if he had a representative in his district, he would not have to go through the level of bureaucracy that currently exists in order to get something done by City officials. He added that the present at-larqe system discourages citizens from making requests of City government because they feel that their request will not be heard, whereas, with the modified district system, a citizen would go to their district representative for assistance. He requested that Council approve a modified ward system which would consist of five wards, with the Mayor and Vice-Mayor serving at- large. Under such a system, he stated that it does not mean that Council must be divided on issues, but Council can work together much more cohesively if the Council is divided into district representation. He stated that the reason many citizens do not vote or register to vote is because they feel that they do not have a particular representative on the City Council that they can approach with their requests or concerns. He added that decisions relative to a specific neighborhood are, in many instances, made by Council persons who do not reside in that neighborhood~ and it is impossible for seven Council Members elected at large to represent the entire population of the City of Roanoke. He urged that Council vote i~mediatel¥ in a positive manner to change the present system of electing City Council Members from the at-large method to a modified ward system. Mr. Edwards moved that the matter be referred to the City Attorney for review and report to Council. The motion was seconded by Ms. Wyatt. Mr. White advised that the motion should be more specific in setting forth the City Attorney's assignment, and suggested that the motion state that the City Attorney be requested to report to Council on all aspects of changing the election of City Council Members from the present at-large method to the modified ward system, as well as the procedure to be followed for holding a referendum on the question. 434 ACTION: ACTION: Reverend Green advised that the question does not have to be approved by the voters of Roanoke via a referendum inasmuch as Council may request that the Virginia General Assembly amend the City Charter to provide for implementation of the modified ward system, and he encouraged that Council proceed in that manner. Upon question, the City Attorney advised that 30 days should be sufficient time to prepare his report. Following discussion and in clarification of his motion, Mr. Edwards moved that the matter of a modified ward/district system be referred to the City Attorney for a legal opinion in connection with all aspects of the proposal, said report to be submitted to Council at its regular meeting on Monday, August 8, 1994. The motion was seconded by Ms. Wyatt and adopted. Reverend Hipp advised that another issue of concern relates to how district lines will be drawn and inquired if the City Attorney will address that aspect in his report; whereupon, the Mayor advised that he would anticipate that the City Attorney will address all aspects pertaining to a modified ward system. The Mayor requested that the Members of Council be provided with a copy of the City Attorney's previous report on the matter and copy of a report of the Citizens Task Force assigned to study alternative methods of electing City Council Members. Mr. Henry Craighead, 1625 Orange Avenue, N. W., spoke in support of the modified ward system, and advised that it is a form of election of City Council Members that should have been implemented some time ago. COMPLAINTS-HOTEL ROANOKE CONFERENCE CENTER-STREETS AND ALLEYS: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared before Council, and complained about rodents and bugs in the area of the Hotel Roanoke Conference Center site which are the direct result of construction and excavation. Without objection by Council, the Mayor advised that Ms. Bethel's concerns would be referred to the City Manager for referral to the Roanoke City Health Department. CITY PROPERTY-CHURCH AVENUE PARKING GARAGE-UNITED STATES POST OFFICE-FIRSTUNION NATIONAL BANK: Earlier in the meeting, the City Clerk having opened and read the one bid received by the City from the United States 435 Postal Service for leasing a portion of the first floor space in a building located at 101 Church Avenue, S. W., for renovation at bidder's cost for use as commercial or office space, the matter was again before the body. The bid of the United States Postal Service having been referred to a committee appointed by the Mayor for study, report and recommendation to Council, Council Member White, Chairperson of the committee, presented a written report on behalf of the committee, recommending that Council take the following actions: accept the bid from the United States Postal Service for lease of office space at 101 Church Avenue providing: 20 year lease with an option to terminate the lease at the end of ten years lease rates initial ten years 1 - 5 $31,800.00 6 - 10 35,800.00 $159,000.00 179,000.00 second ten years 11- 15 $40,120.00 16 - 20 44,935.00 $200,600.00 224,675.00 United States Postal service will make a minimum of $300,000.00 in improvements including bringing the building into full compliance with ADA; authorize the City Manager to enter into a lease agreement, approved as to form by the City Attorney, with the United States Postal Service for the space at 101 Church Avenue; authorize the City Manager to enter into an agreement, approved as to form by the City Attorney, with First Union National Bank of Virginia to release First Union from its existing lease for space at 101 Church Avenue, the lease to be effective upon execution of the new lease with the United States Postal Service and to provide for removal of all asbestos and other hazardous material placed in the building by First Union; and 436 ACTION: authorize the City Manager to enter into a management agreement, approved as to form by the Attorney, with Edwin C. Mall Associates, Inc., for the consideration of $100.00 for the first ten years and $14,899.00 for the second ten years, payable at the beginning of the second ten years if the lease is not terminated. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that the following ordinance be placed upon its first reading: (#32092) AN ORDINANCE authorizing the lease of a portion of the first floor space in the building located at 101 Church Avenue within the City for renovation as commercial or office space; and authorizing the appropriate City officials to execute a Lease Agreement therefor. (For full text of Ordinance, see Ordinance Book No. 56, page 306.) The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Edwards, Parrott, White, Wyatt, Bowles and Mayor Bowers ......................... 6. NAYS: None ...................................... 0. (Council Member McCadden was absent.) Mr. White offered the following resolution: (#32093-071194) A RESOLUTION authorizing the City Manager to execute a release agreement with First Union National Bank of Virginia (First Union) to release First Union from the existing lease for space at 101 Church Avenue; and authorizing and directing the proper City officials to enter into a management agreement with Edwin C. Hall Associates, Inc., relating to the lease of 101 Church Avenue. (For full text of Resolution, see Resolution Book No. 56, page 257.) Mr. White moved the adoption of Resolution No. 32093-071194. The motion was seconded by Mr. Parrott and adopted by the following vote: 437 AYES: Council Members Edwards, Parrott, White, Wyatt, Bowles and Mayor Bowers ......................... 6. NAYS: None ...................................... 0. (Council Member McCadden was absent.) PETITIONS AND COMMUNICATIONS: BUDGET-GRANTS-SCHOOLS: Communications from the Roanoke City School Board requesting appropriation of funds to the following school grants, were before Council. Grant No. 6145 $2,483,738.00 for the Chapter I Winter Program to provide remedial reading, language arts and mathematics instruction for students in targeted schools. The Program is 100 per cent reimbursed by Federal funds. Grant No. 6306 $43,173.00 for the PRAISE for Girls Program to provide for the Involvement and increase the number of females, especially minority females, in studies and career fields related to mathematics, science and technology. The Program will be reimbursed by Federal funds in the amount of $37,850.00 with a local match of $5,323.00. Grant No. 6521 $56,464.00 for the Child Development Clinic Program to provide funds for the salary and expenses of the educational coordinator. The Program will be reimbursed 100 per cent by State funds. Grant No. 6522 $48,773.00 for the Child Specialty Services Program to provide funds for the salary and expenses of the educational coordinator. The Progra~ will be reimbursed 100 per cent by State funds. 438 Grant No. 6523 $90,392.00 for the Juvenile Detention Home Program to provide funds for the salary and expenses of the two educational coordinators at the detention home. The Program will be reimbursed 100 per cent by State funds. Grant No. 6770 $24,700.00 for the School-To- Work Transition Specialists Program to provide for the expenses of the Regional Specialists for a six-month period. The Program will be 100 per cent reimbursed by State funds. Grant No. 6771 $35,163.00 for the Regional Adult Education Specialist Program to provide ancillary and support services for the Adult Literacy and Basic Education Program. The Program will be 100 per cent reimbursed by State funds. Grant No. 6921 $2,683.00 for the SAT Preparation Program for 1994-95 to provide funds from student fees for instruction to prepare students for the Scholastic Aptitude Test. 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 communications and report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#32094-071194) AN ORDINANCE to amend and reordain certain sections of the 1994-95 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 258.) 439 ACTION: Mr. White moved the adoption of ordinance No. 32094- 071194. The motion was seconded by Mrs. Bowles and adopted b~ the following vote: AYES. Council Members Edwards, Parrott, White, Wyatt, Bowles and Mayor Bowers ......................... 6. NAYS: None ...................................... 0. ACTION: (Council Member McCadden was absent.) SCHOOLS-LOANS: A communication from the Roanoke City School Board requesting that Council approve a supplement of $900,000.00 to the original Literary Fund loan application for construction costs associated with the addition and improvements to Wasena Elementary School, was before the body. The School Board advised that additional funds are required to meet the increased cost of expanding new classrooms to comply with State Department of Education requirements for classroom size, and the debt service on the loan will increase by approximately $81,000.00 commencing in fiscal year 1996-97. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles offered the following resolution: (#32095-071194) A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Wasena Elementary School. (For full text of Resolution, see Resolution Book No. 56, page 263.) Mrs. Bowles moved the adoption of Resolution No. 32095-071194. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Edwards, Parrot:, White, Wyatt, Bowles and Mayor Bowers ......................... 6. NAYS: None ...................................... 0. (Council Member McCadden was absent.) 440 ACTION: ACTION: Mrs. Bowles offered the following resolution: (#32096-071194) A RESOLUTION authorizing the school Board for the City of Roanoke to expend funds for adding to end improving the present school building at Wasena Elementary School; declaring the City's intent to borrow to fund or reimburse such expenditures; and to the extent of any inconsistency repealing Resolution Number 31861- 021494. (For full text of Resolution, see Resolution Book No. 56, page 264.) Mrs. Bowles moved the adoption of Resolution No. 32096-071194. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Edwards, Parrott, White, Wyatt, Bowles and Mayor Bowers ......................... 6. NAYS: None ...................................... 0. (Council Member McCadden was absent.) At 11:30 a.m., the Mayor declared recess until 2:00 p.m. the meeting in At 1:35 p.m., the Council met in Executive Session to discuss matters with regard 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, with all Members of the Council in attendance, including Council Member McCadden. At 2:00 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With respect to the Executive Session just concluded, Ms. Wyatt moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Infor~ation Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Parrott and adopted by the following vote: 441 AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: ELECTIONS-BONDS/BOND ISSUES-CAPITAL IMPROVEMENTS PROGRAM: The City Manager submitted a written report advising that on June 10, 1994, Council received a communication from Mayor David A. Bowers entitled, "Capital Improvements Program Development Process", which detailed the sequence of events that must take place in order that Council might: (1) adopt a new capital improvements program to be partially funded with general obligation bonds, and (2) hold a voter referendum (special election) on the issuance of the bonds in connection with the November 8, 1994 general election; and at its regular meeting on Monday, June 13, 1994, Council adopted the abovedescribed schedule, which requires adoption of a resolution to accomplish the following: endorse and concur in certain capital improvement projects recommended for funding by the City Manager through the issuance of general obligation bonds; establish the intent of Council to issue general obligation bonds to fund the recommended projects in part, subject to voter approval; authorize the holding of a bond referendum (special election) on Tuesday, November 8, 1994; and authorize the City Attorney to advertise a public hearing regarding the issuance of bonds on August 8, 1994. It was explained that a public workshop was held by Council on Tuesday, July 5, 1994, in order to receive information from City staff on the Capital Improvements Program and at that time, Council reaffirmed its intent to follow the Capital Improvements Program development 442 process schedule adopted on Monday, June 13, 1994; that Council referred a request to the City Manager to recommend those capltal improvement projects to be funded through the issuance of general obligation bonds for consideration at the regular meeting of Council to be held on Monday, July 11, 1994; and the following is a summary of capital improvement projects requested by Council: Public Schools $7,170,000.00 Middle School Modernization! Additions Replacement of Cooling Systems School Technology Upgrade of Fire Alarm Systems $5,250,000.00 300,000.00 1,500,000.00 120,000.00 Bridges Bridge Renovation Program $5,246,000.00 $5,246,000.00 Streets and Sidewalks Traffic Signals-Replacement VDOT Highway Projects Computerized Traffic Signal System Curb, Gutter and Sidewalk Program Roadway Safety Improvement Program Traffic Signals-Installation of New Signals Kirk Avenue Improvements $4,338,000.00 300,000.00 985,000.00 1,350,000.00 1,000,000.00 150,000.00 500,000.00 53,OOO.00 Buildings Roanoke City Jail Annex Peters Creek Extension Fire Station Civic Center Capital Improvements $2,333,000.00 524,000.00 870,000.00 939,000.00 Storm Drains Neighborhood Storm Drain Program $1,600,000.00 $1,600,000.00 443 Parks Railside Linear Park Economic Development Improvements to Virglnta Museum of Transportation $1,500,000.00 $1,500,000.00 $813,000.00 $ 813,000.00 Total $23,000,000.00 The City Manager recommended that Council adopt the proper measure providing for the following: endorse and concur in certain capital improvement projects recommended for funding by the City Manager through the issuance of general obligation bonds, as abowe summarized; establish the intent of City Council to issue $23,000,000.00 in general obligation bonds on or after January 1, 1996, to fund the recommended projects in part, subject to voter approval; authorize the holding of a bond referendum (special election) on Tuesday, November 8, 1994; and authorize the City Attorney to advertise a public hearing regarding the issuance of bonds on August 8, 1994. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following resolution: (%32097-071194) A RESOLUTION endorsing certain capital improvement projects recommended by the City Manager by report of July 11, 1994, and expressing the intent of the Council to finance these projects through issuance of General Obligation Bonds after approval by the voters in a bond referendum to be held on November 8, 1994. (For full text of Resolution, see Resolution Book No. 56, page 265.) 444 ACTION: Mr. Edwards moved the adoption of Resolution No. 32097-071194. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. The Mayor and Members of Council commended the City Manager and Clty staff on the contents of the bond package which is balanced, conservative and fiscally responsible. It was emphasized that the proposed capital improvements program can be recommended to the citizens of Roanoke with the knowledge that no additional revenue sources will have to be raised in order to fund the projects. BUDGET-GR~_NTS-FDETC: The City Manager submitted a written report advising that the Governor's Employment and Training Department (GETD) has allocated Title II-B funds to the Fifth District Employment and Training Consortium; that the City is the grant recipient for Consortium funding, and Council must appropriate funding for all grants received by the Consortium; and the GETD sent the Consortium Notice of Award No. 94-113-03, in the amount of $508,860.00, and Notice of Award No. 93-113-03, in the amount of $70,878.00, representing carryover from program year 1993 in Title II-B allocated funds. The City Manager recommended that Council appropriate the Fifth District Employment and Training Consortium's funding for Title II-B totalling $579,738.00 and increase the revenue estimate by $579,738.00 in accounts to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#32098-071194) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 266.) 445 ACTION: Mr. White moved the adoption of Ordinance No. 32098- 071194. The motion was seconded by Mr. Parrott and adopted by the following vote: AYESt Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. HEALTH DEPARTMENT-INSURANCE-HUMAN DEVELOPMENT- HOUSING/AUTHORITY-TOTAL ACTION AGAINST POVERTY-FDETC- YOUTH-TRUST-DISABLED PERSONS-GRANTS: The City Manager submitted a written report advising that as a part of the Community Development Block Grant (CDBG) application approved by Council on May 9, 1994, Council adopted Resolution No. 31977-050994, which authorized grants for the Fifth District Employment and Training Consortium, Total Action Against Poverty in Roanoke Valley, Blue Ridge Independent Living Center, Inc., Roanoke City Health Department, Roanoke Valley Student Trouble Center, Inc., and West End Center, Inc.; that the City has received approved by the U. S. Department of Housing and Urban Development of the CDBGapplication by letter dated June 10, 1994; and Council authorized acceptance of the 1994-95 CDBG Entitlement and Appropriation of Funds for CDBG Activities on June 27, 1994, pursuant to ordinance No. 32072-062794. It was further advised that the proposed projects will provide public services, employment training, services to the disabled, direct economic development assistance and planning activities; that administrative agreements are necessary for the funds to be obligated to the projects; and the respective agreements for each agency will contain certain provisions as more fully described in the report, and will be in a form approved by the City Attorney. The City Manager recommended that he be authorized to execute CDBG agreements with the following agencies: Fifth District Employment Training Opportunity Knocks 035-094-9438-5098 035-092-9238-5098 Consortium - $15,580.00 2,800.00 Total Action Against Poverty in Roanoke Valley - Customized Job Training 035-094-9438-5218 $25,000.00 446 Blue Ridge Independent Living Center - Empowering Individuals with Disabilities 035-094-9438-5057 $21,440.00 Roanoke City Health Department Resource Mothers 035-094-9436-5222 035-093-9336-5222 $30,626.00 10,000.00 Roanoke Valley Student Trouble Center, Drug and Alcoho! Abuse Council 035-094-9439-5209 Inc. - $26,000.00 West End Center, Inc. - West End Center Construction 035-094-9437-5024 035-092-9237-5160 $39,999.00 5,001.00 The City Manager recommended that he be authorized to execute the Co~ununity Development Block Grant agreements with Fifth District Employment and Training Consortium, Total Action Against Poverty in Roanoke Valley, Blue Ridge Independent Living Center, Inc., Roanoke City Health Department, Roanoke Valley Student Trouble Center, Inc., and West End Center, Inc., as outlined above. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following resolution: (#32099-071194) A RESOLUTION authorizing execution of agreements with Fifth District Employment and Training Consortium, Total Action Against Poverty in Roanoke Valley, Blue Ridge Independent Living Center, Inc., Roanoke City Health Department, Roanoke Valley Student Trouble Center, Inc., and West End Center, Inc., for services related to the administration of Community Development Block Grant (CDBG) funds as previously authorized. (For full text of Resolution, see Resolution Book No. 56, page 268.) 447 ACTION: Mrs. Bowles moved the adoption of Resolution No. 32099-071194. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrot:, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. AiRPORT-BRIDGES-NORFOLK SOUTHERN CORPORATION- WILLIAMSON ROAD PARKING GARAGE-CHURCH AVENUE PARKING GARAGE-CONSULTANTS REPORTS: The City Manager submitted a written report advising that the 1978 Surface Transportation Act enacted by Congress requires that all bridges, including "off Federal Aid System" structures, must be included in the bi-annual inspection program; that Supplementary Brtdge Inspection Reports are required on 82 structures in the City in the current year; that 40 bridges and two tunnels are inspected annually, while 40 structures are inspected bi-annually; that inspection of two parking structures is required this year by prudent engineering practices; that the airport tunnel, under Runway 23, is required to be inspected annually to ensure safety and to keep deterioration under control; that the Jefferson Street old pedestrian underpass under Norfolk Southern Railway ts inspected annually pursuant to agreement with the railroad; and pursuant to ordinance No. 31571-071293, adopted on July 12, 1993, Council authorized Agreements for Consultant Services for three years with Hayes, Seay, Mattern & Mattern, Inc., and Mattern & Craig, Inc. It was further advised that authorization by Council is necessary for execution of Amendment No. 1 to the Agreements for Consultant Services for years two and three as follows: Aqreement with Hayes, Seay, Mattern & Ma:tern, Inc~. dated July 12, 1993 (Ordinance No. 31571-071293)~ 1993 work scope 36 bridges 14 overhead signs $ 68,624.00 1994 work scope 23 bridges 2 parking garages 34t188.00 1993 and 1994 total agreement amount $102,812.00 448 ACTION: Agreement with Mat:em & Craiql Inc. dated June 15, 1993 (Ordinance No. 31571-071293): 1993 work scope 33 bridges $ 39,000.00 1994 work scope 44 bridges 521500.00 1993 and 1994 total agreement amount $ 91,500.00 The City Manager recommended that Council authorize execution of Amendment No. 1, in a form to be approved by the City Attorney, to the agreements with Hayes, Seay, Ma:tern & Ma:tern, Inc., and Ma:tern & Craig, Inc., in the amounts of $34,188.00 and $52,500.00, respectively. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#32100-071194) A RESOLUTION authorizing execution of Amendment No. i to the City's agreement with Hayes, Seay, Mattern & Ma:tern, Inc.; and authorizing the execution of Amendment No. I to the City's agreement with Mattern & Craig, Inc., for additional engineering services to be performed in connection with the Bridge Inspection Program. (For full text of Resolution, see Resolution Book No. 56, page 269.) Mr. Parrott moved the adoption of Resolution No. 32100-071194. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. ?. NAYS: None ...................................... 0. STATE HIGHWAYS-BRIDGES-GRANTS-STREETS AND ALLEYS: The City Manager submitted a written report advising that the Intermodal Surface Transportation Efficiency Act (ISTEA) was signed into Federal law in December 1991; that ISTEA requires State departments for transportation to set aside a minimum of ten per cent of The Surface Transportation Program (STP) allocation each year to be 449 used for "hazard elimination" and "rail/highway grade crossings; that funding participation for approved projects is 90 per cent Federal and ten per cent local} that regular urban highway allocations may be used to provide 98 per cent of the ten per cent local matching funds, with the locality providing the other two per cent, which effectively means that the locality only needs to provide 0.2 per cent in local funding} that the Virginia Department of Transportation (VDOT) provided project application forms to all localities in December 1993; and applications for the following three projects were subsequently submitted to VDOT by the City: Old Mountain Road/Nelms Lane, N. E., intersection - widen pavement and improve alignment of Nelms Lane; King Street/Berkley Road, N. E., intersection improve sight distance by widening King Street; and Albemarle Avenue, S. E., railroad grade crossing - upgrade flashing lights and add gates, east of Williamson Road. It was explained that projects were selected by staff based upon site review, reported accident history and citizen complaints; that VDOT has approved all three Roanoke City project applications; that funding will be authorized by VDOT upon receipt of resolutions from Council for each project; that local share of the cost is estimated to be $578.00 for all three projects; that the City will provide project design, right-of-way acquisition, and construction administration, all of which are eligible project costs; and Norfolk & Western Railroad also submitted a request to add gates at the railroad crossing on Bridge Street, S. W., which was approved by VDOT, and no City funding or resolution is required for this project. The City Manager recommended that Council request, by three separate resolutions, that the Virginia Department of Transportation program the three safety projects as urban highway projectS; and indicate that if the City cancels one or more of the projects in the future for any reason, the City will pay 100 per cent of all costs associated with any work completed on the cancelled project between the time of programming and the 450 ACTION: ACTION: cancellation notice. (This type of statement is typical of all highway project programming requests made by municipalities throughout the Commonwealth of Virginia.) (For ful! text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution= (#32101-071194) A RESOLUTION requesting the Virginia Department of Transportation to program a safety project, Albemarle Avenue, S. E., railroad grade crossing, as an urban highway project. (For full text of Resolution, see Resolution Book No. 56, page 270.) Mr. McCadden moved the adoption of Resolution No. 32101-071194. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. Mr. McCadden offered the following resolution: (#32102-071194) A RESOLUTION requesting the Virginia Department of Transportation to program a safety project, King Street/Berkley Road, N. E., intersection, as an urban highway project. (For full text of Resolution, see Resolution Book No. 56, page 271.) Mr. McCadden moved the adoption of Resolution No. 32102-071194. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. Mr. McCadden offered the following resolution: 451 II ACTION: (#32103-071194) A RESOLUTION requesting the Virginia Department of Transportation to program a safety project, Old Mountain Road/Nelms Lane, N. E., intersection, as an urban highway project. (For full text of Resolution, see Resolution Book No. 56, page 272.) Mr. McCadden moved the adoption of Resolution No. 32103-071194. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. CONSULTANTS REPORTS-WATER RESOURCES: The City Manager submitted a written report advising that on August 26, 1991, Council approved an engineering services contract with Mattern & Craig, Inc., and Alvord, Burdick and Howson, as their consultants, in the total amount of $1,969,400.00; that Change Order No. 1 was approved by Council on February 22, 1993, for design work required to comply with the 1993 Soil Erosion and Control Regulations and other work, at a fee of $14,764.89 for the additional design, which increases the total engineering services contract to $1,984,164.89; and Change Order No. 2 was approved by Council on April 12, 1993, for design of the chemical feed to be moved to the intake structure and the required chemical feed controls, at a fee of $48,100.00 for the additional design, which did not increase the total engineering services contract since it was funded within the original contract contingency. It was further advised that the following revisions and additions need to be accomplished in order to complete the remodeling of the plant; that the work was not covered in the original contract to insure that the contract price was within the budget; that at this stage of the project, it has been established that funding is available in the contractor's fee for "additional work required during the time of construction", administratively controlled; and contract documents need to be generated to enable the work to be bid as a separate contract; replace 33 4-way filter valves $ 29,210.84 replace the 2 1/2" header at the 1954 filter 11,398.12 452 replace 7,000 feet of small piping for filter operations with copper pipe 58,637.88 paint exterior of Administration Building 14,379.00 paint inside the Administration Building on areas not specified to be painted under this contract 5,000.00 re-light the main entrance hall, corridors and other areas of the Administration Building not being remodeled or replaced under the contract 4,986.17 paint interior of low lift pump station 3,763.43 replace deteriorated concrete slab at the existing aeration basin, rework stairs on either side of the new slab 4,968.21 extend sidewalk from end of present treatment basins to new 12 million gallon basin 700.95 total estimated cost of recommended changes to the construction cost $133,044.60 It was explained that Mattern & Craig, Inc., engineers for the project, have proposed to the City to remove all portions of contract documents from the original contract that relate to the work as described in the report, add any additional information required to complete the documents required to make a complete contract package of new documents, advertise the additional work as a separate contract, and with Council's approval of the new contract, award the separate contract and supervise the work for the sum of $18,400.00. The City Manager recommended that he be authorized to issue Change Order No. 3 to the contract with Mattern & Craig, Inc., In the amount of $18,400.00 and two months time to provide contract documents for items listed in 453 the report, with bidding as a separate contract; funding for engineering services is available in original Engineering Services Contingency account. ACTION: and the (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following resolution: (#32104-071194) A RESOLUTION authorizing execution of Change Order No. 3 to the City's contract with Mattern & Craig, Inc., for additional engineering services in connection with the Carvins Cove Filter Plant Improvements, Phase I. (For full text of Resolution, see Resolution Book No. 56, page 273.) Mrs. Bowles moved the adoption of Resolution No. 32104-071194. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. coMMUNICATIONS DEPARTMENT-TELEPHONE COMPANIES: The City Manager submitted a written report advising that long distance telephone service is currently being provided by AT&T, with no long term commitment; that long distance telephone service was evaluated by the communications Department in order to determine if savings could be achieved, and after comparison of billing per minute, it was evident that substantial savings could be realized through competitive bids; that specifications were developed and a Request for Quotations was sent to nine long distance service providers; and bids were received and opened on April 20, 1994, in the Office of Manager of General Services. It was explained that the lowest bid meeting all specifications is Telstar Long Distance; that by contracting for a 24-month period from signing, the City of Roanoke can obtain long distance service for 12.7 cents per minute which is a substantial savings from the City's current per minute cost of approximately 38 cents per minute; and the City and Schools will save approximately $59,000.00 per year based on last years' calling pattern. 454 ACTION: The City Manager recommended that he be authorized to execute appropriate documents to subscribe to long distance service provided by Telstar Long Distance for a period of 24 months with an option to extend for renewal of service at one year increments with the same or lesser rate per minute, subject to approval by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#32105-071194) A RESOLUTION accepting the bid of Telstar Communications, Inc., to provide long distance telephone service, upon certain terms and conditions; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 56, page 274.) Mr. Parrott moved the adoption of Resolution No. 32105-071194. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. SEWERS AND STORM DRAINS-WATER RESOURCES-EQUIPMENT= The City Manager submitted a written report advising that funds are designated in fiscal year 1994-95 operating budget accounts for Water and Waste Pollution Control Departments to allow for the purchase of certain treatment chemicals; that after due and proper advertisement, bids were received and opened on June 9, 1994, in the Office of Manager of General Services; whereupon, the City Manager recommended that Council accept the following lowest responsible bids meeting specifications and authorize issuance of purchase orders for water and waste water treatment chemicals for the period July 1, 1994 to June 30, 1995; and reject all other bids received by the City: liquid alum to Alchem, Inc., for $133.30 per ton; liquid chlorine to Jones Chemicals, Inc., for $24.666 per cwt. for 150 pound cylinders and $18.075 per cwt. for 2,000 pound cylinders; 455 ACTION: sodium sllico fluoride to Southchem, Inc., for $.257 per pound} sulfur dioxide to Jones Chemicals, Inc., for $375.00 per ton} sodium hydroxide to Jones Chemicals, Inc., for $.9871 per gallon} hydrofluosilica acid to Prillaman Chemical Corporation, for $.77 per gallon} sodium sulfite to Prillaman Chemical Corporation, for $1.98 per gallon} zinc orthophosphate to Prillaman Chemical Corporation, for $4.12 per gallon} Polymer, Calgon, Cat Floc-L to Prillaman Chemical Corporation, for $4.4181 per gallon} and Filter Aid, Calgon, POL-EE-652 to Prillaman Chemical Corporation, for $8.6318 per gallon. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following resolution: (#32106-071194) A RESOLUTION accepting bids for water and sewage treatment chemicals for fiscal year 1994-95, and rejecting other bids. (For full text of Resolution, see Resolution Book No. 56, page 275.) Mrs. Bowles moved the adoption of Resolution No. 32106-071194. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. 456 DIRECTOR OF FINANCE: BUDGET-SEWERSANDSTORMDRAINS-ROANOKE CIVIC CENTER- HOTEL ROANOKE CONFERENCE CENTER-UTILITY LINE SERVICES- MANAGEMENT AND BUDGET-CITY INFORMATION SYSTEMS- TRANSPORTATION FUND-FLEET MAINTENANCE FUND-WATER RESOURCES: The Director of Finance submitted a written report advising that at the close of fiscal year 1994, budget funds were obligated for outstanding encumbrances; that purchase orders or contracts were issued for goods and services as of the close of fiscal year 1994, however, delivery of certain goods, or performance of certain services has not been completed; and reappropriation of certain funds brings forward unspent budget funds that were originally appropriated and obligated contractually for goods end services. It was explained that the report recommends reappropriatton of $8,245.00 in unspent funds in The Hotel Roanoke Conference Center Fund, which funds were unspent as of June 30, 1994, and are being carried forward to remain available for expenditure in fiscal year 1995; and appropriation amounts are as follows: General Fund Open Encumbrances Water Fund Open Encumbrances 1,086,892.00 54,811.00 Sewage Fund Open Encumbrances 236,357.00 Civic Center Fund Open Encumbrances $ 263(305.00 Transportation Fund Open Encumbrances 2,205.00 Nursing Home Fund Open Encumbrances $ 16,584.0Q Hotel Roanoke Conference Center Fund Open Encumbrances and Carryover Funding $ 51~348.00 City Information Systems Fund Open Encumbrances 53,211.00 457 ACTION: ACTION: Management Services Fund Open Encumbrances 16~478.00 Utility Line Services Fund Open Encumbrances 176~796.00 Fleet Management Fund Open Encumbrances 558,472.00 School Fund Open Encumbrances } 1,371,042.00 The Director of Finance recommended that Council appropriate the abovereferenced funds to the current year budget in order that said expenditures may be properly liquidated. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (%32107-071194) AN ORDINANCE to amend and reordain certain sections of the 1994-95 General Fund Appropriations, and providing for an emergency. (For full text of ordinance, see Ordinance Book No. 56, page 277.) Mr. Parrott moved the adoption of Ordinance No. 32107-071194. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. Mr. Parrott offered the following emergency budget ordinance: (%32108-071194) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 284.) Mr. Parrott moved the adoption of Ordinance No. 32108-071194. The motion was seconded by Mr. White and adopted by the following vote: 458 ACTION: ACTION: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. Mr. Parrott offered the following emergency budget ordinance: (%32109-071194) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Sewage Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 285.) Mr. Parrott moved the adoption of Ordinance No. 32109-071194. The motion was seconded by Mr. White and adopted by the following vote= AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. Mr. Parrott offered the following emergency budget ordinance: (%32110-071194) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 286.) Mr. Parrott moved the adoption of Ordinance No. 32110-071194. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. Mr. Parrott offered the following emergency budget ordinance: (%32111-071194) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Transportation Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 288.) 459 ACTION: ACTION: ACTION: Mr. Parrott moved the adoption of Ordinance NO. 32111-071194. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. Mr. Parrott offered the following emergency budget ordinance: (%32112-071194) AN oRDINANCE to amend and reordain certain sections of the 1994-95 Nursing Home Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 289.) Mr. Parrott moved the adoption of Ordinance No. 32112-071194. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. Mr. Parrott offered the followi~g emergency budget ordinance: (%32113-071194) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Note1 Roanoke Conference Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 290.) Mr. Parrott moved the adoption of Ordinance No. 32113-071194. The motion was seconded by Mr. white and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. Mr. Parrott offered the following emergency budget ordinance: 460 ACTION: ACTION: ACTION: (#32114-071194) AN ORDINANCE to amend and reordain certain sections of the 1994-95 City Information Systems Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 291.) Mr. Parrott moved the adoption of Ordinance No. 32114-071194. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. Mr. Parrott offered the following emergency budget ordinance: (%32115-071194) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Management Services Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 292.) Mr. Parrott moved the adoption of Ordinance No. 32115-071194. The motion was seconded by Mr. White and adopted by the following vote: AYES= Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. Mr. Parrott offered the following emergency budget ordinance: (#32116-071194) certain sections of Fund Appropriations, (For full text of Ordinance, see Ordinance Book No. page 293.) AN ORDINANCE to amend and reordain the 1994-95 Utility Line Services and providing for an emergency. 56, Mr. Parrott moved the adoption of ordinance No. 32116-071194. The motion was seconded by Mr. White and adopted by the following vote: 461 ACTION= ACTION= AYES= Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. Mr. Parrott offered the following emergency budget ordinance: (#32117-071194) AN oRDINANCE to amend and reordain certain sections of the 1994-95 Fleet Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 294.) Mr. Parrott moved the adoption of Ordinance No. 32117-071194. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. Mr. Parrott offered the following emergency budget ordinance: (#32118-071194) AN ORDINANCE to amend and reordain certain sections of the 1994-95 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 295.) Mr. Parrott moved the adoption of Ordinance No. 32118-071194. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. CITY ATTORNEY: TRAFFIC-CITY CODE-DISABLED PERSONS: The City Attorney submitted a written report advising that state law generally takes precedence over local ordinances, and the Office of City Attorney attempts to monitor legislation enacted by each Session of the Virginia General Assembly which would require amendment to the Code of the City of Roanoke (1979), as amended; that 462 Senate Bill 564 (Amendment in the Nature of a Substitute) enacted by the 1994 Session of the General Assembly requires that Section 20-76 of the City Code relating to parking spaces reserved for persons with disabilities be conformed to new provisions of the State Code; and the required amendments are summarized as follows= references to "handicapped are changed to "disabled"; references to "license plates, decals or special parking permits" for handicapped persons are changed to "disabled parking license plates, organizational removable windshield placards, permanent removable windshield placards, or temporary removable windshield placards" and "DV disabled parking license plates"} the manner in which organizational removable windshield placards, permanent removable windshield placards and temporary removable windshield placards shall be displayed is designated} the City Code is conformed to the State Code providing that persons with disabilities may park up to four hours (formerly an unlimited period of time) in parking zones restricted as to length of time parking is permitted; and motor vehicles used to transport persons with disabilities and displaying proper identification issued by other states and countries are accorded all rights and privileges accorded to vehicles displaying such devices in Virginia. The City Attorney recommended the abovedescribed amendments, which have been reviewed and approved by the President of the Mayor's Committee for the disabled, and recommended by the Chief of Police. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency ordinance: 463 ACTION: (#32119-071194) AN ORDINANCE amending and reordaining S20-76, Parkinq in spaces reserved handicapped persons, Code of the City of Roanoke (1979), as amended, to change references to "handicapped" to "disabled"; to provide for identification of vehicles permitted to park in spaces reserved for persons with disabilities; to provide for display of identification on vehicles utilized by persons with disabilities; to provide that properly identified motor vehicles used to transport persons with disabilities shall be permitted to park for up to four hours in parking zones restricted as to length of parking time permitted; to provide that motor vehicles issued proper identification by other states and countries shall be accorded all rights and privileges of vehicles displaying such identification in Virginia; and providing for emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 303.) Mr. McCadden moved the adoption of Ordinance No. 32119-071194. The motion was seconded by Mrs- Bowles and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. POLICE DEPARTMENT-INSURANCE-CITY JAIL-CLAIMS: The City Attorney submitted a written report advising of the results of two excessive force law suits that have gone to trial in Federal Court in the past two months, advising that the case Barry W. Mills, Jr. v. Botetourt County Sheriff's Department, et al., the Court dismissed the complaint against the five officers and one of the State troopers (the jury later exonerated the seventh defendant, another State trooper); and the plaintiff in the Mills case did not file an appeal, therefore, the litigation is concluded. The City Attorney further advised that the other case is styled as Marvin E. Whittington v. Officer K. E. Criner, et al.; that following the trial last week, the Jury rendered a verdict in favor of all three police officers; and the plaintiff has appealed the decision, but he is hopeful that the plaintiff will not be successful in his attempt to overturn the decision. 464 The City Attorney pointed out that in both of the abovementtoned situations, the Police Department conducted a thorough investigation and determined that the officers were not at fault~ and he is pleased that the judicial system has verified the findings of the internal investigations in both cases. (For full text, see report on file in the City Clerk's Office.) Without obJectton byCouncil, the Mayor advised that the report would be received and filed. REPORTS OF COMMITTEES: AIRPORT-INSURANCE-CITY PROPERTY-WATER RESOURCES- STREETS AND ALLEYS: Council Member Elizabeth T. Bowles, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, in connection with a lease agreement with Jared and Donna Green for property located on Barns Avenue, N. W. A staff report advised that property located between the airport and Barns Avenue, N. W., owned by the Roanoke Regional Airport Commission and the City of Roanoke, has been leased by William Cranwell since 1987 for the purpose of grazing livestock; that Mr. Cranwell has subleased a portion of the City-owned property to Jared and Donna Green; and Mr. Cranwell will not renew the lease for said parcel of land inasmuch as he ts entering into a lease for other Roanoke Regional Airport Commission property, therefore, Mr. and Mrs. Green will be unable to sublease the area from Mr. Cranwe11. It was further advised that Mr. and Mrs. Green have requested to lease the property in question directly from the City of Roanoke; and the lessee will be required to maintain fencing as necessary to secure livestock and assume all liability for damage to and by their actions or actions of their livestock, machinery, equipment, employees and guests. The Water Resources Committee recommended that Council authorize execution of a lease, in a form to be approved by the City Attorney, for 3.6 acres of land located adjacent to Barns Avenue, N. W., at a lease fee of $20.00 per acre per year, on a year-to-year basis, said lease to be terminable by either party at any time upon 30 days written notice. (For full text, see reports on file in the City Clerk's Office.) 465 ACTION: Mrs. Bowles moved that the following ordinance be placed upon its first reading: (#32120) AN ORDINANCE authorizing the lease of certain City-owned property to Jared and Donna Green, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 56, page 307.) The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. iNSURANCE-CITYPROPERTY-SPECIAL PERMITS-AIR RIGHTS- STREETS AND ALLEYS: Council Member Elizabeth T. Bowles, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to issuance of a revocable license for construction of certain building appendages encroaching over and into the right-of-way of First Street, S. W., located at the First Street entrance to the First Federal Building. A staff report advised that the First Federal Building, a seven-stor~ structure located at 36 Church Avenue, S. W., adjacent to First Street, is currently owned by First Federal Building, L.C.; that the original entrance to the building was located on Church Avenue, S. W., however, traffic patterns of the occupants of the building have shifted the primary entrance to First Street; that the owner desires to construct a canopy over the First Street entrance in order to better identify the primary entrance and to improve the appearance of the building; and the canopy to be constructed will encroach into the airspace over the First Street, S. W., right-of- way. The Water Resources Committee recommended that Council authorize a revocable permit for the construction of a permanent canopy above the First Street, S. W., entrance to the First Federal Building to encroach into the airspace over First Street. (For full text, see reports on file in the City Clerk's Office.) 466 ACTION: ACTION: Mrs. Bowles moved that the following ordinance be placed upon its first reading: (#32121) AN ORDINANCE granting revocable license for the construction of certain building appendages encroaching over and into the right-of-way of First Street, S. W., located at the First Street entrance to the First Federal Building, Official Tax No. 1012301, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 56, page 308.) The motion was seconded by Mr. McCadden and adopted by the following vote: AYES= Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. BRIDGES: Council Member William White, Sr., Chairperson of a committee appointed by the Mayor to tabulate bids received by the City for repairs to the Hollins Road/Norfolk Avenue Bridge, presented a written report on behalf of the Committee, recommending that Council reject all bids and re-advertise the project in early 1995. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office.) Mr. White offered the following resolution: (#32122-071194) A RESOLUTION rejecting all bids for repairs to the Hollins Road/Norfolk Avenue Bridge. (For full text of Resolution, see Resolution Book No. 56, page 306.) Mr. White moved the adoption of 32122-071194. The motion was seconded and adopted by the following vote: Resolution No. by Mr. McCadden AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ...................................... 0. 467 ACTION: 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: ACTS OF ACKNOWLEDGEMENT-DECEASED PERSONS: The Mayor requested that the Clty Attorney prepare the proper measure memorializinq the late John Will Creasy, noted watercolorist, retired advertising executive and tireless promoter of arts in the Roanoke Valley. OATHS OF OFFICE-BUILDINGS/BUILDING DEPARTMENT- COMMITTEES: The Mayor advised that there is a vacancy on the Building Maintenance Division of the City's Board of Building Code Appeals, created by the resignation of Mary C. Maier, for a term ending November 10, 1995, and called for nominations to fill the vacancy. Mr. Edwards placed in nomination the name of R. Dale Edwards. There being no further nominations, Mr. Edwards was elected as a member of the Building Maintenance Division of the City's Board of Building Code Appeals, for a term ending November 10, 1995, by the following vote: FOR MR. EDWARDS: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers ......... 7. (Inasmuch as Mr. Edwards is a City employee, it was later determined that he was ineligible to serve pursuant to provisions of the Virginia Uniform Statewide Building Code, Volume II, Section 106.3, Qualification of BBCA Members.) OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that there is a vacancy on the Youth Services Citizen Board, created by the resignation of Anneke N. Samuel, for a term ending May 31, 1997, and called for nominations to fill the vacancy. Mr. Edwards placed in nomination the name of Elvah D. Taylor. There being no further nominations, Ms. Taylor was elected as a member of the Youth Services Citizen Board, for a term ending May 31, 1997, by the following vote: 468 ACTION: ACTION: ACTION: FOR MS. TAYLOR: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers ......... 7. OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that there Is a vacancy on the Fair Housing Board, created by the Ineligibility of Veron E. Holland to serve another term, and called for nominations to fill the vacancy. Mr. Edwards placed in nomination the name of Charles T. Green. There being no further nominations, Reverend Green was elected as a member of the Fair Housing Board, for a term ending March 31, 1997, by the following vote: FOR REVEREND GREEN: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers ........................................... 7. OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that the term of Ronald L. Turner as a member of the Youth Services Citizen Board expired on May 31, 1994, and called for nominations to fill the vacancy. Mr. Edwards placed in nomination the name of Ronald L. Turner. There being no further nominations, Mr. Turner was reelected as a member of the Youth Services Citizen Board, for a term of three years, ending May 31, 1997, by the following vote: FOR MR. TURNER: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers ......... 7. OATHS OF OFFiCE-COMMITTEES-FLOODREDUCTION/CONTROL: The Mayor advised that the one year terms of Kathy S. Hill and Harold L. Shaffer as members of the Flood Plain Committee expired on June 30, 1994, and called for nominations to fill the vacancies. Mr. Edwards placed in nomination the names of Kathy S. Hill and Harold L. Shaffer. There being no further nominations, Ms. Hill and Mr. Shaffer were reelected as members of the Flood Plain Committee, for a term of one year, each, ending June 30, 1995, by the following vote: 469 ACTION: FOR MS. HILL AND MR. SHAFFER: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .......................................... 7. OTHER HEARINGS OF CITIZENS: None. Inasmuch as no public hearings were advertised for consideration by Council at its 7:00 p.m. session, and there being no further business to come before the Council, the Mayor declared the meeting adjourned at 3:00 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 470 REGULAR WEEKLY SESSION ...... ROANOKE CITY coUNCIL July 25, 1994 lO:O0 a.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, July 25, 1994, at 10:00 a.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reqular Meetinqst of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Delvis O. McCadden, John H. Parrott, william White, Sr., Elizabeth T. Bowles, John S. Edwards and Mayor David A. Bowers .................................................. 6. ABSENT: Council Member Llnda F. Wyatt ...................... 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend H. Kelly Dampeer, Sr., Pastor, Oakland Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT-COUNCIL: The Mayor welcomed special guests from Opole Poland; viz: Wojciech Drop, Opole City Vice-Mayor, and Zbigniew Bartkiewicz, Assistant Manager of the Foundation in Support of Local Democracy, Foreign Cooperation Coordinator, and presented each guest with an Honorary Citizenship Certificate and a "crystal star" which is s~mbolic of the star on Mill Mountain. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called attention to three requests for Executive Sessions to discuss a matter with regard to specific legal matters requiring the provision of legal advice by counsel, being 471 ACTION: ACTION: the terms and conditions of an economic development contract; a matter with regard to expansion of an existing business when no previous announcement has been made of the business' interest in expanding in the community; and vacancies on various authorities, boards, commissions and committees appointed by Council. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ...................... 6. NAYS: None ...................................... 0. (Council Member Wyatt was absent.) OATHS OF OFFICE-COMMITTEES-AIRPORT: A report of qualification of Claude N. Smith as a member of the Roanoke Regional Airport Commission, for a term ending March 9, 1998, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ...................... 6. NAYS: None ...................................... 0. (Council Member Wyatt was absent.) 472 ACTION: ACTION= ACTION: OATHS OF OFFICE-COMMITTEES-SCHOOLS: A report of qualification of LaVerne B. Dillon as a member of the Virginia Western Community College Board, for a term ending June 30, 1998, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ...................... 6. NAYS: None ...................................... 0. (Council Member Wyatt was absent.) OATHS OF OFFiCE-COMMITTEES-LIBRARIES: A report of qualification of Rochelle S. Nolan as a member of the Roanoke Public Library Board, for a term ending June 30, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ...................... 6. NAYS: None ...................................... 0. (Council Member Wyatt was absent.) OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT: A report of qualification of Kenneth L. Prickitt as a member of the Economic Development Commission, for a term ending June 30, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: 473 ACTION: ACTION: AYES: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ...................... 6. NAYS: None ...................................... 0. (Council Member Wyatt was absent.) CITY MANAGER-COUNCIL-ECONOMIC DEVELOPMENT: A report of the City Manager requesting that Council meet in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of an economic development contract, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the City Manager to convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of an economic development contract, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ...................... 6. NAYS: None ...................................... 0. (Council Member Wyatt was absent.) ClTY MANAGER-ECONOMIC DEVELOPMENT-COUNCIL: A report of the City Manager requesting that Council meet in Executive Session to discuss a matter with regard to expansion of an existing business when no previous announcement has been made of the business' interest in expanding in the community, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to expansion of an existing business when no previous announcement has been made of 474 the business' interest in expanding in the community, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ...................... 6. NAYS: None ...................................... 0. (Council Member Wyatt was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: ELECTIONS-BONDS/BOND ISSUES-CAPITAL IMPROVEMENTS PROGRAM: The City Manager, along with staff from the Office of Management and Budget, presented an oral briefing with accompanying slides on the City's recommended Capital Improvements Program - Fiscal Years 1994-1998. (See notebook on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: CITY NURSING HOME-BONDS/BONDISSUES-INSURANCE-HUMAN DEVELOPMENT: The City Manager submitted a written report advising that the Patient Fund Account is a bank account opened by the Roanoke City Nursing Home on behalf of its residents, whereby the Nursing Home deposits personal funds of the residents in this account which is maintained separate from all Nursing Nome operating accounts and other accounts, as defined in the Code of Federal Regulation CFR 483.10, Paragraph C, Line 3; and the Nursing Home deposits and withdraws money from this account for individual residents at their request and for their personal use. 475 ACTION: It was further advised that a surety bond covering the Patient Fund Account is required by the Federal Health Care Financing Administration, as defined in the Code of Federal Regulation, 42 CFR 483.10, Paragraph C, Line 7, which provides that the facility must purchase a bond, or otherwise provide assurance to the Secretary, to assure the security of all personal funds of residents deposited with the facllity~ that the surety bond is a mechanism by which personal funds of the residents will be replaced if the funds are lost due to negligent or willful misconduct by the Nursing Rome or its employees~ and the surety bond requires that the City must indemnify the surety company by reimbursing it for any expense incurred by the company in fulfilling the obligations of the surety bond. It was further advised that an audit was performed by the Commonwealth of Virginia, Department of Medical Assistance Services, at the Roanoke City Nursing Home on August 12, 1993, and the audit revealed that the City did not have a surety bond to cover the Patient Fund Account~ whereupon, the City Manager recommended that he be authorized to purchase a $32,000.00 surety bond at a cost of $320.00, on behalf of the City for the Patient Fund Account at the City Nursing Home. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: (#32123-072594) A RESOLUTION authorizing the City Manager to execute the necessary documents to purchase a surety bond on behalf of the City for the Patient Fund Account at the City Nursing Home, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 56, page 310.) Mr. McCadden moved the adoption of Resolution No. 32123-072594. The motion was seconded by Mrs. Bowles and adopted by the followinq vote: AYES: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ...................... 6. NAYS: None ...................................... 0. (Council Member Wyatt was absent.) 476 ACTION: BUDGET-HOTEL ROANOKE CONFERENCE CENTER-CONVENTION AND VISITORS BUREAU-TOURISM-ECONOMIC DEVELOPMENT-VIRGINIA TECH: The City Manager submitted a written report advising that Council approved appropriation of $500,000.00 to the Roanoke valley Convention and Visitors Bureau (RVCVB) for fiscal year 1994-95; that Council has requested assistance from the Convention Bureau in marketing and selling Roanoke and desires assurance that the funds will be used for said purposes; that the City Administration has negotiated an agreement with the Convention and Visitors Bureau to assure that City funds are used for these purposes; and the Roanoke Valley Convention and Visitors Bureau has submitted a budget setting forth anticipated expenditures of City funds for approval by the City Manager. The City Manager recommended that Council authorize payment of $500,000.00 to the Roanoke Valley Convention and Visitors Bureau and that he be authorized to execute an agreement for a term of one year, unless sooner terminated, for the express purpose of increasing tourism and assisting in the marketing of the new Conference Center of Roanoke. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: (#32124-072594) A RESOLUTION authorizing an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley and assisting in marketing the Conference Center of Roanoke. (For full text of Resolution, see Resolution Book No. 56, page 311.) Mr. McCadden moved the adoption of Resolution No. 32124-072594. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ...................... 6. NAYS: None ...................................... 0. (Council Member Wyatt was absent.) AIRPORT-FIREDEPARTMENT-HUMANDEVELOPMENT-EMERGENCY SERVICES: The City Manager submitted a written report advising that in July 1992, Council authorized the City Manager to enter into a two-year agreement with the Commonwealth of Virginia Department of Emergency Services (VDES) to continue furnishing a Level III Regional Hazardous Materials Response Team and respond to calls, at the request of VDES, within a designated region of the State; that the Roanoke Valley has been identified by the Virginia Department of Emergency Services as being at high risk for accidents involving hazardous materials due to the large volume of chemicals being transported through the City on the interstate and State highway systems, the railroad and the regional airport, and, in addition, 25 companies are physically located within the City which manufacture, store or transport extremely hazardous substances that fall under the SARA Title III reporting requirements; and the current Roanoke Valley Regional Hazardous Materials Response Team consists of firefighters from Roanoke City and the City of Salem who have been trained to respond to hazardous materials incidents. It was further advised that the Regional Hazardous Materials Response Team Agreement expires on June 30, 1994, and the Virginia Department of Emergency Services has agreed that the Agreement will remain in full force until renewed by Council; that the Virginia Department of Emergency Services has requested that a new agreement be entered into beginning July 1, 1994, for a two-year period; that the City of Roanoke and the City of Salem will comprise the regional team and respond to all Level III incidents within the regional boundaries from Lexington to Bristol (east to west) and Bath County to Danville (north to south); and the City of Roanoke and the City of Salem have renewed a standard mutual aid agreement, which is renewed biannually to correspond with regional agreement dates and lists all operations and objectives to be followed during an incident. The City Manager pointed out that City staff has determined that Level III response capability should be maintained due to the identified high risk status for hazardous materials incidents in the boundaries of the City and participation in a Regional Response Team program would be the most cost effective approach for the City; that terms of the proposed agreement define City and State responsibilities, response procedures, line of authority, reimbursement procedures, insurance, legal responsibilities and a termination clause; and members of 477 478 ACTION: the Roanoke City Fire Department will continue to participate in State-sponsored Level III Hazardous Materials training. The City Manager recommended that he be authorized to enter into an agreement, in a form to be approved by the City Attorney, with the Commonwealth of Virginia, Virginia Department of Emergency Services, to participate in a Regional Hazardous Materials Response Team for a period of two years beginning July 1, 1994, with an option to terminate upon 30 days written notice. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following resolution: (#32125-072594) A RESOLUTION authorizing an agreement between the City and the Commonwealth of Virginia Department of Emergency Services to provide for the continuation of the Regional Hazardous Materials Response Team. (For full text of Resolution, see Resolution Book No. 56, page 311.) Mrs. Bowles moved the adoption of Resolution No. 32125-072594. The motion was seconded byMr. Parrott and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ...................... 6. NAYS: None ...................................... O. (Council Member Wyatt was absent.) BUDGET-HUMAN DEVELOPMENT-GRANTS-YOUTH: The City Manager submitted a written report with regard to continuation of Office on Youth Grant, advising that the grant was first officially awarded to the City under the Virginia Delinquency Prevention and Youth Act on June 17, 1980; that the fiscal year 1994-95 youth grant application was submitted to the Department of Youth and Family Services in May 1994; that the grant will provide for continuation of coordinated, planning and program implementation by the Office on Youth; and fiscal year 1994-95 amended grant budget is as follows: 479 Budget State Local Cash Cateqory Funds Match In-Kind Total Personnel $36,577.00 $ 9,644.40 - 0 $46,221.40 Training & Development - 0- 1,743.25 - 0 1,743.25 Supplies! Operating Expenses - 0 - 8~286.15 450.00 8~736.15 Total $36,577.00 $19,673.80 $ 450.00 $56,700.80 It was explained that a local cash match was included in the fiscal year 1994-95 Human Development budget, with any additional funding necessary to be identified at the time of approval of the grant; that in- kind match of $450.00 is available through the use of computer usage from the Grants Compliance Office; that the local match, cash/in-kind, must equal a minimum of 25 per cent of the total budget request; and acceptance of the State grant award and appropriation of the local cash match must be approved byCouncil before appropriate City officials may execute the required documents in order to receive State funds. The City Manager recommended that he, or his designee, be authorized to execute the appropriate document, accepting the Department of Youth Services Grant; that Council authorize appropriation of $56,251.00 to a revenue and expenditure account to be established in the Grant Fund by the Director of Finance for the program ($36,577.00 will be funded by the Department of Youth and Family Services); and that $17,128.00 be transferred from Account No. 001-004-9310-9535 in the Human Development budget and $2,546.00 be transferred from Account No. 001- 054-5330-2010 to the Grant Fund as part of the City's cash match to operate the program for fiscal year 1994- 95. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following emergency budget ordinance: 480 ACTION: ACTION: ACTION: (#32126-072594) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Grant and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 312.) Mr. Edwards moved the adoptlon of Ordinance No. 32126-072594. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ...................... 6. NAYS: None ...................................... 0. (Council Member Wyatt was absent.) Mr. Edwards offered the following resolution: (#32127-072594) A RESOLUTION authorizing acceptance of a Virginia Delinquency Prevention and Youth Development Act Grant from the Virginia Department of Youth and Family Services on behalf of the City, authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. (For full text of Resolution, see Resolution Book No. 56, page 314.) Mr. Edwards moved the adoption of Resolution No. 32127-072594. The motlon was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ...................... 6. NAYS: None ...................................... 0. (Council Member Wyatt was absent.) TRAFFIC-PUBLIC WORKS-CMERP-FLEET MAINTENANCE FUND- EQUIPMENT: The City Manager having previously submitted a written report with regard to bids for one new truck cab/chassis and utility body with aerial lift and generator to be used by the Traffic Engineering Department, the City Manager requested that the report be withdrawn from the agenda. 481 DIRECTOR OF FINANCE: BUDGET-DIRECTOR OF FINANCE-AUDITS/FINANCIALREPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of June 1994. (For full text, see financial report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the financial report would be received and filed. CIT~ ATTORNEY: CITY CODE-COMMITTEES-COUNCIL-PUBLIC WORKS- PROCUREMENT CODE: The City Attorney submitted a written report advising that the City Manager previously apprised Council that with the advent of Council's new meeting schedule, modification of Council's procedures for receiving construction bids will be required~ that currently, unless provided otherwise by Council, construction bids are publicly opened before Council, pursuant to Section 23.1-10(b), Code of the City of Roanoke (1979), as amended; and the new meeting schedule does not provide sufficient flexibility to expedite public construction projects and to time receipt of bids to favorable market conditions~ whereupon, the City Attorney recommended adoption of a measure to amend Section 23.1-10(b) of the City Code, to provide that construction bids shall be publicly opened before designees of the City Manager, with a committee appointed by the Mayor, including designees of the City Manager, to study, tabulate and report to Council with respect to such bids. The City Attorney called attention to a second amendment which is necessary to correct an oversight in Section 23.1-4 of the code of the City of Roanoke (1979), as amended, which provides that bids of more than $15,000.00 will be awarded to the lowest responsible bidder by Council~ that bids of $15,000.00 or less may be awarded by the City Manager~ and Subsection (c) of Section 23.1-10, however, provides that the City Manager shall report to Council with respect to bids of more than $10,000.00, which figure should be $1§,000.00~ whereupon, the City Attorney transmitted a measure correcting this oversight. (For full text, see report on file tn the City Clerk's Office.) 482 ACTION= Mr. White offered the following emergency ordinance: (#32128-072594) AN ORDINANCE amending and reordaining subsections (b) and (c) of Section 23.1-10, Bid openinqs; bid acceptance and evaluation, Code of the City of Roanoke (1979), as amended, to provide for public opening of construction bids before designees of the City Manager in lieu of public opening before City Council; to provide that the City Manager shall report to City Council with respect to bids in excess of $15,000.00 rather than $10,000.00; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 314.) Mr. White moved the adoption of Ordinance No. 32128- 072594. The motion was seconded by Mr. Parrott and adopted by the following vote= AYES: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ...................... 6. NAYS= None ...................................... 0. (Council Member Wyatt was absent.) REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS= UNITED STATES POST OFFICE-CITY pROPERTY-CHURCH AVENUE PARKING GARAGE: Ordinance NO. 32092 authorizing the lease of a portion of the first floor space in the building located at 101 Church Avenue, S. W., for renovation as a commercial or office space by the United States Postal Service, and authorizing the appropriate City officials to execute a Lease Agreement therefor, having previously been before the Council for its first reading on Monday, July ll, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. McCadden offering the following for its second reading and final adoption: (#32092-072594) AN ORDINANCE authorizing the lease of a portion of the first floor space in the building located at 101 Church Avenue, S. W., within the City for 483 ACTION: ACTION: renovation as commercial or office space; and authorizing the appropriate City officials to execute a Lease Agreement therefor. (For full text of Ordinance, see Ordinance Book No. 56, page 306.) Mr. McCadden moved the adoption of Ordinance No. 32092-072594. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ...................... 6. NAYS: None ...................................... 0. (Council Member Wyatt was absent.) AIRPORT-INSURANCE-CITY PROPERTY-WATER RESOURCES- STREETS AND ALLEYS: Ordinance No. 32120 authorizing the lease of approximately 3.6 acres of land located adjacent to Barns Avenue, N. W., to Jared and Donna Green, at a lease fee of $20.00 pre acre per year, on a year-to-year basis, upon certain terms and conditions, as more fully set forth in a report of the Water Resources Committee under date of July 11, 1994, having previously been before the Council for its first reading on Monday, July 11, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. McCadden offering the following for its second reading and final adoption: (#32120-072594) AN ORDINANCE authorizing the lease of certain City-owned property to Jared and Donna Green, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 56, page 307.) Mr. McCadden moved the adoption of Ordinance No. 32120-072594. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ...................... 6. NAYS: None ...................................... 0. (Council Member Wyatt was absent.) 484 ACTION: CITY PROPERTY-SPECIAL PERMITS-STREETS AND ALLEYS: Ordinance No. 32121 granting a revocable license to First Federal Building, L. C., for construction of certain building appendages encroaching over and into the right- of-way of First Street, S. W., located at the First Street entrance to the First Federal Building, Official Tax No. 1012301, upon certain terms and conditions, as more fully described in a report of the Water Resources Committee under date of July 11, 1994, having previously been before the Council for its first reading on Monday, July 11, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. McCadden offering the following for its second reading and final adoption: (#32121-072594) AN ORDINANCE granting a revocable license for the construction of certain building appendages encroaching over and into the right-of-way of First Street, S. W., located at the First Street entrance to the First Federal Building, Official Tax No. 1012301, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 56, page 308.) Mr. McCadden moved the adoption of Ordinance No. 32121-072594. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ...................... 6. NAYS: None ...................................... 0. (Council Member Wyatt was absent.) ACTS OF ACKNOWLEDGEMENT-COMMITTEES-ROANOKE ARTS COMMISSION-ARCHITECTURAL REVIEW BOARD-DECEASED PERSONS: Mrs. Bowles offered the following resolution memorializing the late John Will Creasy, retired advertising executive and promoter of arts in the Roanoke Valley: (#32129-072594) A RESOLUTION memorializing the late John Will Creasy. (For full text of Resolution, see Resolution Book No. 56, page 316.) ACTION: ACTION= ACTION: ACTION: Mrs. Bowles moved the adoption of Resolution No. 32129-072594. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ...................... 6. NAYS: None ...................................... 0. (Council Member Wyatt was absent.) ACTS OF ACKNOWLEDGEMENT-YOUTH-SCHOOLS: Council having previously requested the City Attorney to prepare the proper measure recognizing certain outstanding athletic achievements of Dominick Millner, a recent graduate of William Fleming High School, action on the matter was deferred until the next regular meeting of Council on Monday, August 8, 1994. MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: DOWNTOWN ROANOKE, INCORPORATED-ECONOMIC DEVELOPMENT: Mr. McCadden called attention to the number of vacant buildings in downtown Roanoke and advised that Council and City staff have been instrumental in their efforts to bring additional businesses to the Roanoke Valley, however, the development of entrepreneurial skills for small business is lacking. He spoke in support of Council requesting the City Administration to review the feasibility of acquiring a large vacant building in downtown Roanoke to be used for development of a small business incubator. Mr. McCadden moved that the City Manager be requested to report to Council within 60 days with regard to establishment of a downtown small business incubator to develop entrepreneurial skills. The motion was seconded by Mr. Parrott and adopted. OTHER HEARINGS OF CITIZENS: None. At 11:30 a.m., the Mayor declared the meeting in recess. At 11:50 a.m., the meeting reconvened in the Council chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Wyatt. 485 486 ACTION: COUNCIL: With respect to the Executive Session Just concluded, Mr. Parrott moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ...................... 6. NAYS: None ...................................... O. (Council Member Wyatt was absent.) OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor advised that the one year term of Samuel A. Garrison, III, as a member of the Special Events Co~mittee will expire on June 30, 1994, and called for nominations to fill the vacancy. Mr. McCadden placed in nomination the name of Samuel A. Garrison, III. There being no further nominations, Mr. Garrison was reelected as a member of the Special Events Committee, for a term of one year, ending June 30, 1995, by the following vote: FOR MR. GARRISON: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ....... 6. (Council Member Wyatt was absent.) OATHS OF OFFICE-COMMITTEES-PLANNING-FIFTH PLANNING DISTRICT COMMISSION: The Mayor advised that there is a vacancy on the Fifth Planning District Commission, created by the ineligibility of Elizabeth T. Bowles to serve another term, and called for nominations to fill the vacancy. Mr. McCadden placed in nomination the name of Marsha Compton-Fielder. There being no further nominations, Ms. Compton- Fielder was elected as a member of the Fifth Planning District Commission, for a term ending June 30, 1997, by the following vote: 487 ACTION: ACTION: ACTION: FOR MS. COMPTON-FIELDER: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ..... 6. (Council Member Wyatt was absent.) OATHS OF OFFICE-COMMITTEES-YOUTH= The Mayor advised that there is a vacancy on the Youth Services Citizen Board, created by the resignation of Elsie A. Anderson, for a term ending May 31, 1997, and called for nominations to fill the vacancy. Mr. Edwards placed in nomination the name of Alison R. Baird. There being no further nominations, Ms. Baird was elected as a member of the Youth Services Citizen Board, for a term ending May 31, 1997, by the following vote: FOR MS. BAIRD: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers .............. 6. (Council Member Wyatt was absent.) At 11:50 a.m., the Mayor declared the meeting in recess. At 1:45 p.m., the Council reconvened in Executive Session, with all Members of the Council in attendance, Council Member Wyatt was absent. At 3:08 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Me~bers of the Council in attendance, with the exception of Council Member Wyatt. COUNCIL: With respect to the Executive Session Just concluded, Mr. Parrott moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ...................... 6. NAYS: None ...................................... 0. (Council Member Wyatt was absent.) 488 There being no further business, the Mayor declared the meeting adjourned at 3:10 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 489 ROANOKE CITY COUNCIL ........ ROANOKE CITY SCHOOL BOARD July 25, 1994 12: 35 p.m. A Joint informal meeting of the Roanoke City Council and the Roanoke City School Board was called to order on Monday, July 25, 1994, at 12:35 p.m., in the Social Services Conference Room, Room 306, Municipal North, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers and Chairperson C. Nelson Harris presiding. COUNCIL MEMBERS PRESENT: Elizabeth T. Bowles, John S. Edwards, Delvis O. McCadden, John H. Parrott, William White, Sr., and Mayor David A. Bowers ........................................ 6. COUNCIL MEMBERS ABSENT: Linda F. Wyatt ..................... 1. SCHOOL BOARD MEMBERS PRESENT: Marilyn L. Curtis, Marsha W. Ellison, Charles W. Day, Finn D. Pincus, Clubert G. Poll, John H. Saunders, and Chairperson C. Nelson Harris ....................... 7. SCHOOL BOARDMEMBERS ABSENT: None .......................... 0. OTHERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dlbling, Jr., City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Willard N. Claytor, Director, Real Estate Valuation; E. Wayne Harris, Superintendent, Roanoke City Public Schools; Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools; an June S. Nolley, Clerk of the Roanoke City School Board. The meeting was opened with a prayer by Reverend Harris. SCHOOLS: On behalf of the Members of Council, the Mayor welcomed School Board Members and staff and commended the Members of Council and the School Board for the cooperative working relationship that presently exists between the two bodies. He commended the School Superintendent on a banner year, congratulated Reverend Harris who was recently elected as Chairperson of the School Board, commended former Chair, Charles W. Day, for a job well done, and expressed appreciation to School Board Members for rendering public service to their community. On behalf of the School Board, Chairman Harris advised that it was a pleasure to meet with Council. He, too, commended the good working relationship that exists between Council and the School Board and City and School administrations in order to serve Roanoke's 13,000 school children, advising that he anticipates that 490 the present solid relationship will continue well into the future. He expressed appreciation to Council and to the City Manager for including school related items in the bond package to be voted upon by the electorate in November 1994, which will provide funds to renovate middle schools and upgrade technology in the classrooms. Ms. Curtis advised that in the near future the Superintendent will present certain proposals to the School Board in regard to changes in school programs that all students, parents and staff must understand, and it will be important to follow the Superintendent's direction because the changes will be for the betterment of the school system, and urged that Council bear with the School Board while the necessary changes are in the process of being proposed and implemented. Mr. Day expressed appreciation to Council and to the City Manager and City staff for their support in terms of the broad issue and for the opportunity to meet with Council on a regular basis because periodic meetings of the two bodies cultivate a good working relationship. He called attention to appointment of several school committees that are charged with the responsibility of reviewing school technology and noted that the committees meet on a regular basis in an effort to determine short and long range school technology needs. Mr. Poff expressed appreciation for Council's support which makes the job of School Board members easier. He invited the Members of Council to visit Addison Middle School to observe an innovative program that combines vocational/technological education and academics, with speakers addressing various careers and using the newspaper and textbooks to teach the three basics, reading, writing and arithmetic, which has helped to improve Passport Literacy test scores. Ms. Ellison expressed appreciation for the joint sessions of Council and the School Board because communication and keeping the lines of communication open is extremely important. She also expressed appreciation for including school related items in the bond package to be voted on by the citizens of Roanoke in November 1994, and called attention to the importance of updating school technology, as well as certain renovations to the middle schools. She added that she looks forward to a good working relationship with Council during her tenure on the School Board. Mr. Saunders reiterated the comments of other School Board members. He expressed excitement to be a part of an organization that has such strong support by the City Council where all participants are working for one single purpose -- to provide the best possible educational opportunities for Roanoke's young people. He stated that he looks forward to working with Council to make the City's educational opportunities even better. 491 Mrs. Bowles advised that she hopes the School Board is pleased wlth the amount of funds to be included in the proposed bond issue for school related items, and she was further hopeful that the citizens of Roanoke will see that the Council and the School Board are worklng cooperatively. She called attention to the amount of the City's undesignated fund balances for Capital Maintenance and Equipment Replacement for the General Fund and School Fund at the end of fiscal year 1993-94 which was divided between the City and the Schools ($2,917,415.00 City Operations and $2,020,436.00 School Operations, both unaudited figures),and encouraged the news media to relay the message to the average citizen that the Council and the School Board are working bodies, that the two bodles work well together, and she ls pleased to be a part of this working relationship. Mr. White advised that the purpose of Council and the School Board has always been to provide the best possible education for the young people of the City of Roanoke. He stated that he was pleased to have served for almost ten years as either a member of the School Board or a member of City Council, and hopes that he has provided a contribution to the young people and to the citizens of Roanoke. Mr. McCadden expressed appreciation to the School Board for its desire to provide the best possible education for the children of Roanoke City. He polnted out that some of the young people in the middle schools would not be in school today if they were not participating in athletics, and called attention to the need for more and better athletic programs at the middle school level. He advised that the quality of education extends to athletics, especially for those students who could easily fall through the cracks without that extra incentive. Be pointed out that the present diversity of representation on the Roanoke City School Board is the best that It has been in a long time, that the expertise of School Board Members in various occupational fields is outstanding, and expressed appreciation to the School Board for its hard work and support of education. Mr. Edwards advised that athletics is an integral part of the educational process because it teaches character and values, etc. He stated that he ls pleased with the composition of the School Board, the Superintendent and the school system as a whole; however, he would like for the schools to do a better Job in publicizing information regarding Roanoke's excellent educational system because City schools are top notch and attract students from many surrounding areas, along with good Magnet Schools and numerous opportunities and programs for the participants. He referred to the realtors program that was recently conducted by the Mayor and the Clty Manager, in conjunction with the school system, in which area realtors were invited to visit the schools and receive first hand information about school programs to enable them to impart their knowledge to prospective new citizens and/or businesses about 492 the quality of Roanoke's schools, and he urged that those types of programs will be continued in the future. In regard to the bond issue, he stated that, if approved, a large portion of the funds will be used for school modernization and technology updates, however, it should be kept in mind that the citizens of the City of Roanoke must approve the bond referendum in November 1994 in order for the bond package to become a reality, therefore, it is vital that citizens be made aware of the importance of the bond issue to the City as a whole and to its school system. Mr. Parrott expressed appreciation to the School Board and to the School Administration for their hard work to better educate the children of Roanoke, and he specifically commended the REACH Program. He offered his assistance as one member of Council, and commended the School Superintendent on the quality of education that presently exists in Roanoke City. The Mayor advised that he would be pleased to hear the Superintendent's comments with regard to funds proposed to be included in the bond issue for the schools as well as proposed changes to be recommended by the Superintendent as alluded to earlier in the meeting by Mrs. Curtis. He also requested an update from the Superintendent in regard to the student discipline program recently initiated in the schools. Superintendent Harris advised that he has found that reflection is one of the best tools to assess the state of affairs, and as he reflects on the past year, he believes that 1993/94 has been a banner year. He stated that the school system has been deliberate in its efforts to identify and examine indicators to success for the Roanoke City Public Schools, and the City is doing a good job for the vast majority of all students enrolled in the school system. He noted that 546 students graduated in 1994 from William Fleming and Patrick Henry High Schools, and of those 546 students, 65 per cent, or 355 students, indicated not only that they were anticipating going to college, but have already been accepted by colleges and universities all over the country. He pointed out that the system strives to insure that when students leave the City Schools, they will be in a position to continue their education if they so desire, and those same students received approximately $1.5 million in scholarships which is up approximately $400,000.00 over last year. He added that another 12 per cent of graduating students stated that they will continue their education beyond high school through a technical school or the military services. Superintendent Harris advised that Roanoke City has three National Merit Scholars which means that these students scored in the top one per cent on their PSA examinations, 11 Commended Scholars, 13 Distinguished Scholars and 134 Honor Scholars, all from the two 1994 graduating classes. He advised that 248 students 493 took dual enrollment classes which means that as a Junior or senior, they received college credit for courses completed at Virginia Western Community College; and 67 per cent, or 584 slx graders out of a total of 870, passed the Literacy Passport examination the first time they took the test which represents an lncrease over last year. He stated that 322 students were recognized in some way for accomplishments at either the city, national or state levels, and several were recognized at the international level. He polnted out that Roanoke City received approval on June 24, 1994, from the International Baccalaureate Organization tn Geneva, Switzerland, that its application for the International Bacc Diploma at William Fleming High School was approved, which program is now in its second affiliate year. In explanation, he advised that Roanoke is one of six schools In the State and one of 450 schools in the entire world that offers an International Bacc Diploma which means that a student could participate in and successfully complete courses designated through the International Baccalaureate Program that could qualify that student to enter college as a sophomore. He stated that notification was received in June that Roanoke's application for continued funding of the Magnet School Program at William Fleming High School/William Ruffner Middle School was fully funded in the amount of $3.6 million and this Is the first time in the seven year history of the Magnet School Program that the City has received full funding which raises the figure to $7.2 million in Federal funding over the past two years. He advised that this is significant accomplishment which will allow for such things as state of the art physics labs, problem solving labs, video production, a digital imaging studio, travel and tourism programs, a new performing and visual arts center and additional state of the art technology. In addition to what is happening at William Fleming/William Ruffner, the Superintendent noted that there are 47 other distinctive instructional programs in Roanoke City, and when this information was presented to the State Board of Education two months ago, Roanoke stood out as offering more distinct programs than virtually any of the other 133 school systems, regardless of size in the Commonwealth of Virginia. He added that one of the strong points of the Roanoke City Public Schools is that Roanoke has, in place, schools of choice, and the State Superintendent and members of the State Board of Education were favorably impressed and complimentary of Roanoke City. Superintendent Harris invited the Members of Council to visit the Roanoke City schools, and noted that the realtors tours will continue because they offer a good selling point; that school officials will continue to work on marketing the Roanoke City Public Schools; and called attention to a two-minute slide presentation which is a technology-driven program on computer that will be sent to realtor's offices throughout the Roanoke Valley that is designed to highlight some of the City's programs. 494 With regard to funds to be Included in the proposed bond Issue to be voted upon by the citizens of Roanoke tn November 1994, the Superintendent advised that $7.17 million Is Included tn the total bond package for use by the Roanoke City Public Schools, with the majority of the funds, or approximately $5 million, to be used to renovate the first of four middle schools beginning with Stonewall Jackson Middle School in southeast Roanoke. He explained that $1.5 million will be used as the basis for significant Improvements tn technological equipment which will benefit all students throughout the City, the goal of which Is to have no more than five students per computer, and the remaining funds will be used to support an upgrade of air conditioning cooling units and fire alarm systems. In connection with the student discipline Issue, Superintendent Harris stated that It is anticipated to have an elementary correlate to the secondary standards and expectations in place by February 1995, with more of a focus on prevention. He called attention to the need to develop an intermediate step before students are expelled, along with some type of window of opportunity for students who have been expelled who may not return to the school setting in order for them to continue their education as a part of the redesign of the alternative education program. He stated that the school system faces three challenges; viz= (1) to work diligently to reduce the dropout rate which is now approaching seven per cent, (2) to increase achievement scores, and (3) to effectively redesign the alternative education program to address the needs of non-traditional learners. In conclusion, he advised that the state of the schools is good, that City schools are safe and will continue to be safe. The City Manager advised that it takes a good team of people to do what Superintendent Harris has accomplished. He commended the communication between Superintendent Harris, the Director of Finance, the City Attorney's Office, and the Office of Management and Budget. He pointed out that the $7,170,000.00 recommended to Council for the schools portion of the proposed bond Issue came about as a result of participation by Richard L. Kelley, Assistant School Superintendent for Operations, who served on a Capital Improvements Program Committee that was charged with the responsibility of ranking the Importance of priorities, and Mr. Kelley did an excellent job to insure that the needs of the schools were not only known but were fully understood, along with the important role of technology and reinvestment in buildings. He offered to present a briefing to the School Board and/or the Central Council PTA with regard to the total recommended Capital Improvements Program which is proposed to go before the voters of the City of Roanoke in November 1994, that requires no tax increases and no cuts in programs. He advised that a formal process in educating the public as to the contents of the Capital Improvements Program will be forthcoming, and the assistance of the School Board and School Administration will be appreciated. He stated that discussions with bond rating agencies reveal that there 495 are not a great number of cities throughout the United States that would put into effect what Roanoke City Council has done which, in effect, insures that money must go first for critical needs of the community such as equipment, rolling stock, building repairs, etc. Mr. Herbert stated that he was confident that Superintendent Harris has already begun the process of preparing his fiscal year 1995-96 fiscal year budget, advising that the second year of the biennium will be the most difficult portion of the budget for both the City government and the school system; however, he is optimistic in terms of the City's efforts in the upcoming year because the economy in Roanoke, especially over the past six months, has continued to be strong and solid, and if that trend continues, from the local government perspective, the schools can expect to receive good support. Being the parent of two children in the Roanoke City Public School system, he stated that he is pleased with the quality of education provided by the Roanoke City Public Schools. There being no further business, the Mayor and the Chair declared the joint informal meeting of Council and the School Board adjourned at 1=30 p.m. APPROVED ATTE ST: ~ Mary F. Parker David A. Bowers City Clerk Mayor 496 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL August 8, 1994 10:00 a.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, August 8, 1994, at 10:00 a.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular Neetingst of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William White, Sr., Linda F. Wyatt, Elizabeth T. Bowles, John S. Edwards, Delvis O. McCadden and Mayor David A. Bowers .................................................. 6. ABSENT: Council Member John H. Parrott ..................... 1. OFFICERS PRESENT: James D. Rltchie, Sr., Assistant City Manager; Wllburn C. Dlbling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend Bruce A. Noffslnger, Pastor, Holllns Road Church of the Brethren. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to a request for an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council. MINUTES= Minutes of the regular meetings of Council held on Monday, April 4, 1994, Monday, April 11, 1994, and Monday, April 18, 1994; the public interviews of School Board Applicants held on Thursday, April 21, 1994; and the regular and special meetings of Council held on Monday, April 25, 1994, were before the body. (For full text, see minutes on file in the City Clerk's Office.) 497 ACTION= ACTION: ACTION: Mrs. Bowles moved that the reading of the minutes be dispensed with and that the minutes be approved as recorded. The motion was seconded by Mr. Edwards and adopted by the following vote= AYES= Councll Members White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ..................... 6. NAYS: None ....................................... O. (Council Member Parrott was absent.) OATHS OF OFFICE-COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointedbyCounctl, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ..................... 6. NAYS: None ....................................... 0. (Council Member Parrott was absent.) OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: A communication from H. B. Ewert tendering his resignation as a Commissioner of the City of Roanoke Redevelopment and Housing Authority Board of Commissioners, effectively immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that the communication be received and filed and that the resignation be accepted with regret. The motion was seconded by Mr. Edwards and adopted by the following vote: 498 ACTION: ACTION: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ..................... NAYS: None ....................................... 0. (Council Member Parrott was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: A report of qualification of Ann L. Weinstein as a member of the Roanoke Arts Commission, for a term ending June 30, 1997, was before Council. (See Oath or Affir~ation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ..................... 6. NAYS: None ....................................... 0. (Council Member Parrott was absent.) OATHS OF OFFiCE-COMMITTEES-YOUTH: A report of qualification of Elvah D. Taylor as a member of the Youth Eervices Citizen Board, for a term ending May 31, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Edwards and adopted by the followinq vote: AYES: Council Members white, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ..................... 6. NAYS: None ....................................... 0. (Council Member Parrott was absent.) 499 ACTION= ACTION: OATHS OF OFFICE-COMMITTEES-PLANNING-FIFTH PLANNING DISTRICT COMMISSION: A report of qualification of J. Lee E. Osborne as a member of the Fifth Planning District Commission, for a term ending June 30, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ..................... 6. NAYS: None ....................................... 0. (Council Member Parrott was absent.) OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT: A report Of qualification of John S. Edwards as a member of the Economic Development Commission, for a term ending June 30, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ..................... 6. NAYS: None ....................................... O. (Council Member Parrott was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY M/~NAGER: BRIEFINGS: 5OO POLICE DEPARTMENT-HUMANDEVELOPMENT-DRUGS/SUBSTANCE ABUSE-GRANTS-YOUTH-YOUTH CORRECTIONAL FACILITIES: The Director of Human Development advised that during the past ten years, there has been an explosion of young people in the trafficking of illegal substances; that criminal Justice practitioners are almost unanimous in identifying this issue as one of the most important issues facing the Juvenile Justice system today; and the impact on juvenile and adult offenders whose criminal activities involve the trafficking of illegal substances is unparalleled. He stated that Roanoke*s Juvenile justice agencies, private service vendors and Juvenile Court Judges for the Twenty-Third Judicial District have cooperatively developed the Juvenile Drug Dealers Intervention Program to work with youth charged and convicted of trafficking illegal substances; whereupon, he called upon Stuart Israel, Executive Director of TRUST and a member of the Advisory Board for the Twenty-Third Judicial District's Juvenile Drug Dealers Program, to present a briefing. Mr. Israel pointed out that recent years have produced a unique breed of adolescent -- juveniles who do not necessarily use drugs but deal in drugs and generate an income that many adults would envy. He advised that the Twenty-Third Judicial District Drug Dealers Program is a unique and multi-faceted program that deals with the problem which is a collaborative effort between the City of Roanoke, Roanoke County and the City of Salem; that the program, now in its second year, is a community-based intensively supervised treatment program for juvenile drug dealers and their families; and the program has received the support of the Commonwealth's Attorneys Offices for all three localities; the Public Defenders Office, the Roanoke City Police Department and numerous community service providers. He explained that the program seeks to provide services and activities for youth and families including, but not limited to, intensive supervision, electronic monitoring (the Roanoke Valley program is the first in the State to receive permission to use electronic monitoring as a means of treatment), organized recreational activities, opportunities to perform community service, group counselling not only for offenders but for their families as well, drug screening, drug treatment, and weekly case staffing to monitor and determine case needs. Mr. Isreal explained that the typical program participant over the past two years has been the African- American male between 12 and 17 years of age, residing in a single-headed household primarily female and charged with possession or intent to distribute crack/cocaine. 501 He advised that participants have exhibited difficulties in school, that a number have been identified as emotionally disturbed and disabled, and their vocational and academic skills have been severely lacking. He further advised that drug selling activity has provided most of the participants with a sense of self-esteem, and the ability to identify a source of income that would not otherwise be available, and their families have had or have had the need for extensive contact with numerous human service agencies within the community. It was explained that currently funded personnel who have daily contact with participants have been selected based on their varied backgrounds, educational careers and ability to serve as role models; that the program is designed to provide opportunities that will enhance the skills of participants, develop self-esteem, redirect energies and provide a means to legitimate income earning. He noted that extensive networking among public and private agencies and citizens is considered crucial to the success of the program because juvenile drug offending behavior is a community problem. Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: POLICE DEPARTMENT-BUDGET-HUMAN DEVELOPMENT-DRUGS/ SUBSTANCE ABUSE-GRANTS-YOUTH-YOUTH CORRECTIONAL FACILITIES: The City Manager submitted a written report advising that the City submitted an application to the State Department of Criminal Justice Services for funding from the Anti-Drug Abuse Act of 1988 for a Juvenile Drug Dealers' Intervention Program, which is a program designed to meet the needs of a special population of individuals convicted of trafficking drugs; and the 23-A Judicial District Court Service Unit was funded for the Juvenile Drug Dealers' Intervention Program through a grant from the State Department of Youth and Family Services, which funding was discontinued by the State Department of Criminal Justice Services on June 30, 1994. It was further advised that the Department of Criminal Justice Services notified the City of Grant Award No. 94-A8530AD, in the amount of $38,625.00, in Federal funds for the program year beginning July 1, 1994 and ending June 30, 1995. The City Manager recommended that he, or his designee, be authorized to accept the 23rd Judicial District Juvenile Drug Dealers Grant award of $38,625.00 from the Department of Criminal Justice Services; and 502 ACTION: ACTION: that Council appropriate grant funding totalling $38,625.00 and increase the revenue estimate by $38,625.00 in accounts to be established by the Director of Finance, and transfer the local cash match, in the amount Of $16,388.00, from 23-A Court Services Unit, Account No. 001-076-2130-2008, to accounts to be established by the Director of Finance in the grant fund. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#32134-080894) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Grant and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 320.) Mr. White moved the adoption of Ordinance No. 32134- 080894. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ..................... 6. NAYS: None ....................................... 0. (Council Member Parrott was absent.) Mr. White offered the following resolution: (#32135-080894) A RESOLUTION authorizing acceptance of a 23rd Judicial District Juvenile Drug Dealers' Intervention Program Grant from the Virginia Department of Criminal Justice Services on behalf of the City, authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. (For full text of Resolution, see Resolution Book No. 56, page 322.) Mr. White moved the adoption of Resolution No. 32135-080894. The motion was seconded by Mr. McCadden and adopted by the following vote: 503 AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ..................... 6. NAYS: None ....................................... 0. (council Member Parrott was absent.) BUDGET-HOUSING/AUTHORITY-GRANTS-FDETC-YOUTH: The City Manager submitted a written report advising that the U. S. Department of Housing and Urban Development (HUD) issued a notice of funds available for Youthbuild Programs nation-wide in the fall of 1993; that the purpose of Youthbuild Programs is to provide economically disadvantaged youth, ages 16 to 24, with education and employment skills through opportunities for meaningful work in their communities by helping to meet the housing needs of low and very low income families; that each applicant was given the option of applying for a Planning Grant, an Implementation Grant, or a combination of both; and the Fifth District Employment and Training Consortium, in conjunction with the Roanoke Redevelopment and Housing Authority, submitted a Planning Grant application on January 7, 1994, requesting $90,617.00 of Youthbuild funds, and indicating an additional local kind match of $20,857.00. It was further advised that on July 11, 1994, the Consortium received notification from HUD that the Planning Grant application was approved for the amount requested ($90,617.00); and since the City of Roanoke is the grant recipient for Fifth District Employment and Training Consortium funding, Council must appropriate funds for all grants received by the Consortium. The City Manager recommended that Council increase the revenue estimate by $90,617.00; and appropriate $90,617.00 to expenditure and revenue accounts to be established in the Consortium Fund by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (%32136-080894) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 322.) 504 ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32136-080894. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ..................... 6. NAYS: None ....................................... 0. (Council Member Parrott was absent.) HOUSING/AUTHORITY-GRANTS-ECONOMIC DEVELOPMENT- ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager submitted a written report advising that as a part of the community Development Block Grant (CDBG) application approved by Council on May 9, 1994, pursuant to Resolution No. 31977-050994, Council authorized funds for the Roanoke Redevelopment and Housing Authority's projects, administratien and program support; that the U.S. Department of Housing and Urban Development approved the City's fiscal year 1994-95 CDBG application by letter dated June 10, 1994; that on June 27, 1994, pursuant to Ordinance No. 32072-062794 and Resolution No. 32073-062794, Council authorized acceptance of CDBG Entitlement and Appropriation of Funds for Community Development Block Grant activities; and historically, the Roanoke Redevelopment and Housing Authority has administered certain portions of CDBG and HOME programs for the City, including housing rehabilitation and economic development activities. It was further advised that funds budgeted for services of the Housing Authority in fiscal year 1994-95 total $376,103.00 for administration and support of 16 HOME and CDBG funded programs; that project funds to be administrated by the Housing Authority total $726,651.00 in CDBG funds; that an Administrative Agreement between the City and the Housing Authority is necessary before the Housing Authority can receive payment for administrative activities regarding HOME and CDBG-funded or assisted programs; and the agreement, in a form to be approved by the City Attorney, will cover the period July 1, 1994 through June 30, 1995, pursuant to certain provisions as described in the report. The City Manager recommended that he be authorized to execute a 1994-95 CDBG Agreement with the Roanoke Redevelopment and Housing Authority. (For full text, see report on file in the City Clerk's Office.) 505 ACTION: Ms. Wyatt offered the following resolution: (#32137-080894) A RESOLUTION authorizing the execution of an agreement with the Roanoke Redevelopment and Housing Authority for services related to the administration of Community Development Block Grant (CDBG) funds. (For full text of Resolution, see Resolution Book NO. 56, page 324.) Ms. Wyatt moved the adoption of Resolution No. 32137-080894. The motion was seconded by Mr. McCadden and adopted by the following vote= AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ..................... 6. NAYS: None ....................................... 0. (Council Member Parrott was absent.) PARKS ANDRECREATION-DONATIONS/CONTRIBUTIONS-ACTS OF ACKNOWLEDGEMENT-EQUIPMENT: The City Manager submitted a written report advising that the City's Parks and Recreation Department was contacted in August 1992 by the Civitan Club of Roanoke, Inc., with regard to replacement of outdated handicapped accessible play equipment in Smith Park; that the 1981 Comprehensive Parks and Recreation Plan identified the need to increase and expand the existing handicapped play area in Smith Park with new and more adventurous equipment; that the Civitan Club submitted an official letter of commitment in September 1993 for a unified playground project at Smith Park; that Council was infozlned of the project in December 1993; and the Unified Playground committee of Civitan expanded its fund-raising and promotional efforts during the winter of 1993-94. It was further advised that the City's Parks and Recreation Department has reviewed and approved plans and specifications for new play equipment as submitted by the Unified Playground Committee; that the Civitan Club of Roanoke, Inc., has raised needed funds to purchase the equipment and has enlisted Clvitan Club members and volunteers to assist with installation during the week of August 22, 1994; that City forces will make necessar~ site preparations at Smith Park prior to actual installation of the equipment; and action by Council is necessary to officially accept gifts to the City in excess of $5,000.00, in accordance with Section 2-263 of the Code of the City of Roanoke (1979), as amended. 5O6 ACTION: ACTION: The City Manager recommended that Council concur in the following actions: accept the gift of new playground equipment for Smith Park from the Clvitan Club of Roanoke, Inc., valued at approximately $47,000.00; and adopt a resolution commending the Civitan Club of Roanoke, Inc., for its contribution to the citizens of Roanoke. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following resolution: (#32138-080894) A RESOLUTION gratefully accepting a donation to the City of Roanoke from the Civitan Club of Roanoke, Inc. (For full text of Resolution, see Resolution Book No. 56, page 325.) Mrs. Bowles moved the adoption of Resolution No. 32138-080894. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ..................... 6. NAYS: None ....................................... 0. (Council Member Parrott was absent.) Mrs. Bowles offered the following resolution: (#32139-080894) A RESOLUTION expressing appreciation for the donation by the Civitan Club of Roanoke, Inc., of playground equipment, and manpower needed to install the same, in Smith Park. (For full text of Resolution, see Resolution Book No. 56, page 325.) Mrs. Bowles moved the adoption of Resolution No. 32139-080894. The motion was seconded by Mr. McCadden and adopted by the following vote: 507 AYES: Council Members White, Wyatt, Bowles, I Edwards, McCadden and Mayor Bowers ..................... 6. NAYS: None ....................................... 0. (Council Member Parrott was absent.) CITY MARKET-PARKS AND RECREATION-DOWNTOWN ROANOKE, INCORPORATED: The City Manager submitted a written report advising that on August 12, 1991, Council authorized a contract with Downtown Roanoke, Incorporated, to act as agent for the City in management of the City Market for a monthly fee of $833.33; that Downtown Roanoke, Incorporated, hired a Market Clerk to provide certain services in the Roanoke City Market area; that City Market revenues have increased from $15,288.00 in fiscal year 1991 to $23,377.00 in fiscal year 1994; and monthly curbage space rentals have Increased on average from 39 in fiscal year 1991 to 47 in fiscal year 1994, out of a total of 59 curbage spaces available for Tent. It was further advised that the City has been requested byDowntown Roanoke, Incorporated, to increase the monthly fee from $833.33 to $875.00; that the City's Parks and Recreation Department included $10,500.00 in the City Market budget for fiscal year 1995 in Account No. 001-052-7210-2010, Fees for Professional Services, in anticipation Of the request; and approval by Council is needed to authorize amendment of the contract to provide for increased fees. The City Manager recommended that Council approve the request of Downtown Roanoke, Incorporated, to increase the monthly fee for management of the City Market from $833.33 to $875.00; and that the City Manager be authorized to execute an amendment to the current agreement, in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: (#32140-080894) A RESOLUTION authorizing the appropriate City officials to enter into an amendment to the agreement between the City and Downtown Roanoke, Incorporated, relating to the management of the City Marketr upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 56, page 327.) 508 ACTION: Mr. McCadden moved the adoption of Resolution No. 32140-080894. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ..................... 6. NAYS: None ....................................... O. (Council Member Parrott was absent.) BUDGET-HUMANDEVELOPMENT-HOUSING/AUTHORITY-PLANNING- GRANTS: The City Manager submitted a written report advising that the HOME Investment Partnership Program (HOME) is one of several housing initiatives created by the National Affordable Housing Act of 1990; that HOME is intended to be a "housing block grant" program used exclusively to provide safe, decent housing for low and moderate income households; that the City of Roanoke is designated as a HOME "Participating Jurisdiction (PJ)" and as such receives an annual allocation of HOME funds based on a U. S. Department of Housing and Urban Development formula; that the City's HOME entitlement allocation is $605,000.00 for Federal fiscal year 1994; and the HOME program requires that the Federal allocation of funds be matched from eligible non-Federal sources, equal to 12 1/2 per cent of the allocation to be used for program activities, which amounts to $64,281.00 for the 1994 HOME allocation. It was further advised that the City is required to apply for its HOME allocation by submitting a program description to the U. S. Department of Housing and Urban Development generally describing the types of programs and activities the City proposes to undertake with its HOME allocation, consistent with the City's approved Comprehensive Housing Affordabllity Strategy (CHAS); and the City's HOME program description for the 1994 allocation which was submitted in March 1994 proposed the following general uses: rehabilitation assistance to existing homeowners and new homebuyers $250,000.00; downpayment and closing cost assistance - $73,500.00; development financing for rehabilitation of existing houses or construction of new houses to be sold to new homebuyers, including by community organizations - $190,750.00; and 509 ACTION: administrative expenses by the City and administering agencies - $90,750.00. The City Manager explained that the U. S. Department of Housing and Urban Development has approved the City's program description for the 1994 allocation~ and the City is required to execute an agreement with HUD in order to accept the allocation of HOME funds, and to appropriate HOME funds to certain accounts to provide for program activities. The City Manager recommended that he be authorized to execute an agreement with the U. S. Department of Housing and Urban Development accepting the 1994 HOME Investment Partnership Program allocation of $605,000.00~ and that Council appropriate funds to accounts to be established by the Director of Finance as followst owner-occupied rehabilitation rehabilitation loan subsidies downpayment and closing cost assistance financing to Community Housing Development Organizations (CHDO's) (15 per cent minimum) development financing relocation assistance City Administration (ten per cent maximum) CHDO Administration (five per cent maximum) Total $150,000.00 100,000.00 73,500.00 90,750.00 60,000.00 40,000.00 60,500.00 30~250.00 $605,000.00 (For full text, Office.) Ms. Wyatt ordinance: see report on file in the City Clerk's offered the following emergency budget (#32141-080894) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 327.) Ms. Wyatt moved the adoption of Ordinance No. 32141- 080894. The motion was seconded by Mrs. Bowles and adopted by the following vote: 510 ACTION: AYES= Council Members White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ..................... 6. NAYS: None ....................................... O. (Council Member Parrott was absent.) Ms. Wyatt offered the following resolution: (#32142-080894) A RESOLUTION authorizing appropriate City officials to execute an agreement with the U. S. Department of Housing and Urban Development (HUD) accepting the 1994 HOME Investment Partnership Program allocation, and authorizing the execution and submittal of the requisite documents for such funding. (For full text of Resolution, see Resolution Book No. 56, page 329.) Ms. Wyatt moved the adoption of Resolution No. 32142-080894. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ..................... 6. NAYS: None ....................................... 0. (Council Member Parrott was absent.) TRAFFIC-BUDGET-GENERALSERVICES-PUBLIC WORKS-CMERP- EQUIPMENT-STREETSANDALLEYS: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need to replace six existing traffic signal control units~ whereupon, the City Manager recommended that Council accept the lowest responsible bids, as follows: three new traffic controllers with aluminum cabinets from H.H.S., Inc., for a total cost of $21,675.00~ and three replacement traffic controllers from Naztec, Inc., for a total cost of $5,415.00. 511 ACTION: ACTION: It was further recommended that Council appropriate $27,090.00 from the Capital Maintenance and Equipment Replacement Program to Traffic Engineering, Account No. 001-052-4160-9015; and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (%32143-080894) AN ORDINANCE to amend and reordain certain sections of the 1994-95 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 329.) Mrs. Bowles moved the adoption of Ordinance No. 32143-080894. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ..................... 6. NAYS: None ....................................... 0. (Council Member Parrott was absent.) Mrs. Bowles offered the following resolution: (#32144-080894) A RESOLUTION accepting bids for certain traffic control equipment and rejecting certain other bids for such equipment. (For full text of Resolution, see Resolution Book No. 56, page 330.) Mrs. Bowles moved the adoption of Resolution No. 32144-080894. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ..................... 6. NAYS: None ....................................... 0. (Council Member Parrott was absent.) 512 ACTION= TRAFFiC-BUDGET-GENERAL SERVICES-PUBLIC WORKS-CMERP- FLEET MAINTENANCE FUND-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need for a truck wlth utility body and aerial lift for use by the Traffic Engineering Dlvision~ whereupon, the City Manager recommended that Council accept the lowest responsible bids as follows: one new truck cab/chassis from Magic City Ford, for a total cost of $27,290.28~ and one new utility body, aerial lift and generator to be mounted on the abovedescribed truck cab/chassis from Special Fleet Services, Inc., for a total cost of $23,972.00. It was further recommended that Council appropriate $51,262.28 from Fleet Management Prior Year Retained Earnings to Fleet Management, Account No. 017-052-2642- 9010~ and reject all other bids received by the City. see report on file in the City Clerk's (For full text, Office.) Mr. White ordinance: offered the following emergency budget AN oRDINANCE to amend and reordain Fleet Management Fund (#32145-080894) certain sections of the 1994-95 Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 331.) Mr. White moved the adoption of Ordinance No. 32145- 080894. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards and McCadden ........................................... 5. NAYS: None ....................................... 0. (Council Member Parrott was absent.) (Mayor Bowers abstained from voting.) 513 ACTION: Mr. White offered the following resolution: (#32146-080894) A RESOLUTION accepting a certain bid made to the City for furnishing and delivering truck with utility body and aerial lift, and regecting all other bids. (For full text of Resolution, see Resolution Book No. 56, page 332.) Mr. White moved the adoption of Resolution No. 32146-080894. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards and McCadden ........................................... 5. NAYS: None ....................................... O. (Council Member Parrott was absent.) abstained from voting.) (Mayor Bowers the meeting in At 10:40 a.m., the Mayor declared recess. At 10:50 a.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Parrott. CITY ATTORNEY: ELECTIONS-COUNCIL: The City Attorney submitted a written report advising that at the regular meeting of Council on July 11, 1994, several citizens addressed Council advocating the election of Council Members under a modified election district system wherein five Members of Council would be elected from districts (sometimes referred to as "wards") and the Mayor and Vice-Mayor would be elected at-large; and Council referred the matter to the City Attorney for review and report with respect to "all aspects" of the proposal; whereupon, the City Attorney submitted a written report addressing Council's broad request. The City Attorney specific questions: responded to the following Is the City legally required to modify its current election procedures for City council? ANSWER: No. 514 What legal principles must be adhered to in devising an election district system? ANSWER: The legal principles are summarized in Attachment A. May a referendum be held to determine the will of the electorate with respect to an election district plan selected by Council? ANSWER= Yes, pursuant to Charter procedures. amendment Is a referendum required to change election procedures for City Council? ANSWER: No. What are the major procedural steps in establishment of an election district system? ANSWER: The major procedural steps are summarized in Attachment B. What alternatives Council in devising system? are available to City a new election district ANSWER: Some of the alternatives are summarized in Attachment C. Once an election district system is established, may Council thereafter revert back to a total at-large election system should the new system prove undesirable? ANSWER: No. (For full text, see report on file In the City Clerk's Office.} The Reverend D. Elliott Hipp, 609 Mountain Avenue, S. W., Pastor of Belmont Presbyterian Church in southeast Roanoke, advised that it was necessary for a large portion of the City Attorney's report to deal with the Voting Rights Act inasmuch as any change will have to be measured against the Voting Rights Act, but the report leaves the impression that the Voting Rights Act is the major point to be considered by Council. He noted that the City of Roanoke is in full compliance with the Voting Rights Act, the purpose of which is to insure that African-American citizens have a method by which to get 515 ACTION: elected to City Council, which is currently taking place. He referred to that portion of the City Attorney's report, page 10, in regard to the concept of "communities of interest", advising that the African-American group as a race is being represented as appropriate under the Voting Rights Act, however, "communities of interest" are not being represented which is what the citizens of Roanoke are requesting that Council understand; and no one has suggested a challenge under the Voting Rights laws, however, it is a question of basic democracy rather than Federal law. Secondly, he stated that the City Attorney's report is clear on all necessary steps to be followed, however, it is hoped that there may be certain ways to make the process move faster, I. e., delete the referendum process which is what interested citizens requested of Council on Monday, July 11, 1994. Ms. Lenora V. Williams, 1218 6th Street, S. E., concurred in the remarks of Reverend Hipp. She advised that southeast Roanoke is a forgotten area of the City, therefore, citizens support the modified ward system in order to have an elected representative specifically from their neighborhood who will have a better understanding of their needs and concerns. Mr. White moved that the report of the City Attorney be received and filed, and that Council hold a public hearing to receive the views of citizens on Monday, September 12, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard. The motion was seconded by Ms. Wyatt and adopted. REPORTS OF COMMITTEES: SEWERS ANDSTORMDRAINS-BUDGET-INDUSTRIE$-UTILITIES: Council Member William White, Sr., Chairperson of a committee appointed by the Mayor to tabulate bids received for construction of a sewer line extension in the Roanoke Centre for Industry and Technology, presented a written report on behalf of the Committee, recommending that Council concur the following actions: authorize the City Manager to execute a unit price contract with J. P. Turner and Brothers, Incorporated, in the amount of $108,928.00 and authorize a project contingency of $11,072.00; and 516 ACTION: ACTION: appropriate $60,000.00 from Sewer Fund Prior Years Retained Earnings and $60,000.00 from undesignated capital funds to a new account to be established by the Director of Finance in the Capital Projects Fund. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, Office.) Mr. White ordinance: see reports on file in the City Clerk's offered the following emergency budget (~32147-080894) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Sewage and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 333.) Mr. White moved the adoption of Ordinance No. 32147- 080894. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ..................... 6. NAYS: None ....................................... 0. (Council Member Parrott was absent.) Mr. White offered the following emergency ordinance: (#32148-080894) AN ORDINANCE accepting the bid of J. p. Turner and Brothers, Incorporated, for sewer line extension at the Roanoke Centre for Industry and Technology, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 335.) Mr. White moved the adoption of Ordinance No. 32148- 080894. The motion was seconded by Mr. McCadden and adopted by the following vote: 517 ACTION= AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ..................... 6. NAYS: None ....................................... 0. (Council Member Parrott was absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: None. At 11:25 a.m., the Mayor declared the meeting in recess. At 11:50 a.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Councll in attendance, with the exception of Council Member Parrott. COUNCIL: With respect to the Executive Session Just concluded, Ms. Wyatt moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ..................... 6. NAYS: None ....................................... 0. (Council Member Parrott was absent.) OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that there are two vacancies on the Youth Services Citizen Board, created by the resignation of E. Ann Hill and Katherine M. McCain, for terms ending May 31, 1997, and called for nominations to fill the vacancies. 518 ACTION: Mrs. Bowles placed in nomination the name of Ruth C. Wlllson. Mr. McCadden placed in nomination the name of James C. Stephens. There being no further nominations, Ms. Willson and Mr. Stephens were elected as members of the Youth Services Citizen Board for terms ending May 31, 1997, by the following vote: FOR MS. WILLSON AND MR. STEPHENS: Council Members White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ........................................... 6. (Council Member Parrott was absent.) At 11:55 a.m., the Mayor declared recess until 7:00 p.m. the meeting in At 7:00 p.m., on Monday, August 8, 1994, the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Parrott. OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend C. Nelson Harris, Pastor, Rldgewood Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Mr. Edwards offered the following resolution recognizing the outstanding athletic achievements of Dominick Millner, a recent graduate of William Fleming High School who placed first in the long jump in both Indoor and Outdoor, Virginia Scholastic Group AAA track and field meets: (#32130-080894) A RESOLUTION recognizing the outstanding athletic achievements of Dominick Millner, recent graduate of William Fleming High School. (For full text of Resolution, see Resolution Book No. 56, page 328A.) 519 ,! ACTION: Mr. Edwards moved the adoption of Resolution No. 32130-080894. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, and Mayor Bowers .................... 6. NAYS= None ....................................... 0. (Council Member Parrott was absent.) The Mayor presented a ceremonial copy of Resolution No. 32130-080894 and a crystal star which is symbolic of the star on Mill Mountain to Mr. Millner. PUBLIC HEARINGS ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 8, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Blue Ridge Transfer Co., Inc., and Highway Motors, Inc., that property located at 1814 Hollins Road, N. E., identified as Official Tax Nos. 3111501, 3111502, 3040101, 3040407 - 3040416, inclusive, 3040420, and 3040502 - 3040519, inclusive, and certain vacated portions of streets and alleys contiguous thereto, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioners, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, July 22, 1994, and Friday, July 29, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to locate a tractor truck dealership, and to include truck repair, service and parts operation, at 1814 Hollins Road, N. E., was before Council. 520 ACTION: The Planning Commission recommended that Council approve the request, advising that the proposal Is a logical extension of the adjoining light industrial district located to the south of the property and is in keeping with the recommendation as set forth in the Comprehensive Plan. (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: (#32149) AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 304 and 311, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 56, page 336.) The motion was seconded by Mr. McCadden. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 32149 was adopted, on its first reading, by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, and Mayor Bowers .................... 6. NAYS: None ....................................... O. (Council Member Parrott was absent.) SEWERS ANDSTORMDRAINS-ELECTIONS-BONDS/BONDISSUES- SIDEWALK/CURB AND GUTTER-PARKS AND RECREATION-FIRE DEPARTMENT-BRIDGES-CAPITAL IMPROVEMENTS PROGRAM-VIRGINIA TRANSPORTATION MUSEUM-TOURISM-INDUSTRIES-SCHOOLS-STREETS AND ALLEYS: The City Clerk having advertised a public hearing for Monday, August 8, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to the issuance of $23 million principal amount of general obligation bonds of the City for the purpose of providing funds to defray the cost of needed permanent public improvements to or for public schools, bridges, streets and sidewalks, public buildings, the system of storm drains, parks and economic development; and with regard to holding an election to determine whether the 521 qualified voters of the City of Roanoke will approve the issuance of general obligation bonds of the City in the abovestated principal amount for the abovestated purposes, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Sunday, July 24, 1994, and Tuesday, August 2, 1994. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending that Council adopt measures which will accomplish the following: endorse the Recommended Capital Improvement Program in its entirety as submitted to City Council by the City Manager and Director of Finance in a report dated July 25, 1994; authorize the issuance of $23,000,000.00 principal amount of general obligation bonds for the City to fund certain capital improvement projects outlined in a report to City Council from the City Manager and Director of Finance dated July 11, 1994; and direct and provide for the holding of a bond referendum (special election) on Tuesday, November 8th and state the question to be placed before the electorate. The Mayor Inquired if there were persons present who would like to address Council with regard to the matter; whereupon, J. Granger Macfarlane, Chairperson of the Economic Development Commission, stated that the Economic Development Commission supports the bond referendum for needed capital improvements and advised that the bond issue projects are to be commended, both in terms of variety of projects as well as timing. He called attention to weekly visits with local business men and women, both over the telephone and personally, who have Just begun to realize the effects of the final move to Norfolk, Virginia, of the remaining Norfolk Southern top administrative personnel and their staffs, along with the corporate checkbook some 48 months ago; (2) the sudden demise of Dominion Bankshares Corporation; and (3) notice from the U. S. Government that Roanoke City's census dropped to approximately 96,000 citizens and Roanoke City's population ts getting older which is placing downward pressure on the average income. He stated that 522 the bond referendum will be the first real test on the come beck route; that the proposed projects are well balanced, both by function as well as geographically located throughout the City; and projects are balanced against the investment that the City has made in the Hotel Roanoke and Conference Center project. He commended Council on the diversity of projects, advising that the City is well managed and major needs are being addressed, and expressed the belief that the bond issue will be approved overwhelmingly by the citizens of the City of Roanoke on November 8. Joseph H. Vtpperman, Chairperson of the Roanoke Regional Chamber of Commerce, advised that the Chamber represents over 1800 member companies in the Roanoke Valley, and the Chamber's principle interest is to be supportive of issues which help maintain an attractive environment where new and existing businesses will reside and provide Jobs. He stated that the projects included in the bond issue for the November 8 referendum cover a wide array of critical capital projects that the Chamber of Commerce feels are essential to support the needs of the citizens of Roanoke. He further stated that Chamber of Commerce members report that the three most important needs of the City relate to economy, crime, and education, all of which are covered by various aspects of the proposed bond issue, along with other important infrastructure improvements. He added that the Roanoke Regional Chamber of Commerce supports the proposed bond issue and offered the Chamber's assistance in connection with the upcoming referendum. Steven L. Sowder, representing the Greater Raleigh Court Civic League, advised that the Board of Directors and members express appreciation to Council for its support of projects that improve the City's streets, roads and infrastructure. He stated that it is acknowledged that lower profile projects sometimes tend to be diminished in significance when viewed in the context of certain other higher profile and more costly projects, however, the Raleigh Court Civic League views the smaller projects as significant in not only maintaining the lifestyles and overall aesthetics of Roanoke's neighborhoods, but in attracting new families and businesses to the Roanoke Valley. He acknowledged the long-standing relationship of the Greater Raleigh Court Civic League with the Roanoke Neighborhood Partnership, and advised that the Raleigh Court Civic League looks forward to continuing success. 523 John P. Grove, President, Downtown Roanoke, Inc., advised that Downtown Roanoke, Inc., is a 35 year old downtown Roanoke economic development organization, with its service district extending from Williamson Road on the east, to Fifth Street on the west, and from Wells Avenue on the north to Elm Avenue on the south. He stated that Downtown Roanoke, Incorporated, is extremely interested in promoting retail and commerce in the downtown service district, and Downtown Roanoke supports the bond issue and is impressed that the City of Roanoke can promote the bond issue without an increase in the tax rate for Roanoke's citizens. He added that the proJecte to be financed by the referendum are vital to Downtown Roanoke's existence and to the continued excellence of Roanoke's local service and infrastructure; that of particular importance to Downtown Roanoke, beyond those funds included for schools, are projects in connection with bridge renovation, a new computer system for downtown traffic control, Kirk Avenue improvements, and the Railside Linear Park which will capitalize on the railroad heritage of the City, while properly utilizing existing architecture along Norfolk Avenue. He advised that at a recent meeting of the Board of Directors of Downtown Roanoke, Incorporated, a resolution was adopted approving and supporting the proposed bond issue. He expressed appreciation to the Members of Council for their vision and leadership, both past and present, and noted that Downtown Roanoke is appreciative of Council's efforts to make the City of Roanoke the arts and entertainment capital of southwest Virginia. The Reverend C. Nelson Harris, Chairperson of the Roanoke City School Board, advised that the School Board appreciates the deliberate and diligent efforts of City Council and the City Manager to provide funds for the capital building equipment needs of the schools. He explained that the priority given to capital requests of the schools over the past few years has enabled the maintenance and modernization of facilities and equipment and has prevented deterioration of school facilities. He stated that the $7.17 million for public education included in the proposed capital bond issue will enable the schools to commence the middle school modernization program and to complete the first school in a four- school project, with completion of Jackson Middle School in southeast Roanoke at an estimated cost of $5.25 million. He further stated that a total of $1.5 million is recommended in the bond issue as the first phase of a $7.5 million program to upgrade school instructional technology, that the long term goal of the program is to provide a computer for every five students, to network all instructional computers in the schools and to bring 524 state-of-the-art information technology to school libraries. He added that the funds will benefit all schools in the district, with a special emphasis on schools that have not received magnet school funding~ and $300,000.00 is proposed to replace obsolete conditioning systems in four schools constructed in the 1970's and $120,000.00 is included to upgrade fire alarm systems in nine schools not scheduled for renovation during the next five years. On behalf of the School Board and School Superintendent, he encouraged citizens to support the proposed bond issue, not only from the standpoint of the long term welfare of Roanoke's students, but also because of the many benefits the City will reap from the wide diversity of much needed projects that the bond issue will fund. Joann Hamidulla, President, Central Council PTA, endorsed the proposed $23 million bond issue which, among other things, will provide funds to meet a variety of critical needs of children in all Roanoke City Public Schools. She stated that the proposed $7.17 million for school projects will benefit Roanoke's children well into the 21st century by providing modern facilities and equipment necessary for the learning process; that the $1.5 million for school technology will help to equip all schools with new computers and library media center information technology and will particularly assist those schools that have not been eligible for participation in the federal magnet school program. She stated that a total of $5.25 million is recommended for modernization of one of the four oldest middle schools, with Jackson Middle School to be the first to be remodeled followed by Breckinridge Middle School, Woodrow Wilson Middle School and Addison Middle School prior to the year 2000. She noted that funds in the amount of $300,000.00 are proposed for cooling system replacement and $120,000 for fire alarm system upgrade, which are projects that are especially important to the safety and comfort of children and teachers. On behalf of all parents of City school children, she expressed appreciation to Members of Council and to the City Manager for their foresight in proposing school projects for funding in the bond Issue and urged that all citizens support the bond issue because of the importance of the projects to the future of Roanoke's children. Katherine F. Houck, Executive Director of the Virginia Museum of Transportation, expressed appreciation to Council for its strong support and commitment to the Virginia Museum of Transportation, advising that Council's advocacy and enthusiasm has helped the Museum's efforts in terms of transportation heritage. She pointed 525 out that the Transportation Museum has seen tremendous growth in the past two years with visitors from all 50 states and 20 foreign countries, and connecting with 46 school systems in outreach programs and visitation. She stated that the Virginia Museum of Transportation is a unique Museum with exhibits and collections depicting products of Virginia's industries. She called attention to receipt of an ISTEA grant which will help to enhance and to improve the front entrance to the Museum, as well as plans to build a pedestrian plaza which will connect with the proposed art rail park that will not only connect the Museum to downtown Roanoke but encourage economic growth in the direction of the Transportation Museum and serve as an incentive to bring visitors to downtown Roanoke. She advised that the Virginia Museum of Transportation strongly supports the bond referendum, and inclusion of funds for the Museum will compliment efforts to construct a cover for the Museum's significant rail collection which is one of the largest collections of diesel locomotives in the United States. Eugene M. Elliott, Jr., member of the Board of Directors of the Virginia Museum of Transportation, advised that the Transportation Museum appreciates Council's support and called attention to the importance of the bond issue to not only the Virginia Museum of Transportation, but for the economic development of the City of Roanoke as a whole. He requested Council's continued support inasmuch as the Virginia Museum of Transportation is the only destination attraction in the City of Roanoke, and from an economic development standpoint, the Virginia Museum of Transportation is the only attraction known throughout the world as the location that produced the finest steam locomotives ever made which is Roanoke's heritage; and the $813,000.00 recommended in the bond issue will allow the Museum to construct a cover for its collection of locomotives. As a taxpayer, he expressed appreciation to Council for its foresight, advising that when persons come to Roanoke to visit the Transportation Museum, they spend money in the local area for food, lodging, etc., which, in turn, increases the City's tax base. He advised that he views inclusion of $813,000.00 for the Transportation Museum as not just a means of improving the Museum, but an investment in the total community, therefore, on behalf of the Virginia Museum of Transportation, he added his endorsement of the bond referendum. No other persons wishing to be heard, Mr. White offered the following resolution: 526 ACTION: ACTION: (932133-080894) A RESOLUTION endorsing the Capital Improvement Program submitted by the City Manager and the Director of Finance by report of July 25, 1994. (For full text of Resolution, see Resolution Book No. 56, page 319.) Mr. White moved the adoption of Resolution No. 32133-080894. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, and Mayor Bowers .................... 6. NAYS: None ....................................... 0. (Council Member Parrott was absent.) Mr. White offered the following emergency ordinance: (~32131-080894) AN ORDINANCE authorizing the issuance of Twenty-ThreeMillionDollars ($23,000,000.00) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke of needed permanent public improvements of and to school buildings, public buildings, public bridges, streets and sidewalks, storm drains, parks, economic development, and acquisition of real property for the foregoing; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 315.) Mr. White moved the adoption of Ordinance No. 32131- 080894. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, and Mayor Bowers .................... 6. NAYS: None ....................................... 0. (Council Member Parrott was absent.) Mr. White offered the following emergency ordinance: (#32132-080894) AN ORDINANCE directing and providing for the holding of an election in the City of Roanoke, Virginia, to determine whether the qualified voters of the City of Roanoke, Virginia, will approve Ordinance No. 32131-080894, duly adopted by the Council 527 ACTION: of the City of Roanoke on August 8, 1994, providing for the issue of certain general obligation bonds of the City of Roanoke; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 317.) Mr. White moved the adoption of Ordinance No. 32132- 080894. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, and Mayor Bowers .................... 6. NAYS: None ....................................... 0. (Council Member Parrott was absent.) There being no further business, the Mayor meeting adjourned at 7:50 p.m. declared the ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 528 ROANOKE CITY COUNCIL ....... CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY Joint Sesslon August 8, 1994 12:40 p.m. A Joint meeting of the Roanoke City Council and the City of Roanoke Redevelopment and Housing Authority was called to order by Mayor David A. Bowers and Chairperson Willis M. Anderson on Monday, August 8, 1994, at 12=40 p.m., in the Social Services Conference Room, Room 306, Municipal North, 215 Church Avenue, S. W., City of Roanoke, with Mayor Bowers and Chairperson Anderson presiding. COUNCIL MEMBERS PRESENT: Elizabeth T. Bowles, John S. Edwards, Delvis O. McCadden, William White, Sr., Llnda F. Wyatt and Mayor David A. Bowers ............................................ 6. COUNCIL MEMBERS ABSENT: John H. Parrot ..................... 1. HOUSING AUTHORITY COMMISSIONERS PRESENT: James W. Burks, Jr., Robert W. Glenn, Jr., Carolyn M. Johnson and Chairperson Willis M. Anderson ............................................... 4. HOUSING AUTHORITY COMMISSIONERS ABSENT: Ronald O. Crawford, H. B. Ewert and Jack Loeb ........................................ 3. OTHERS PRESENT: W. Robert Herbert, City Manager; James D. Rltchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; Neva J. Smith, Executive Director, Roanoke Redevelopment and Housing Authority; H. Wesley White, Director of Development, Roanoke Redevelopment and Housing Authority; Anita Lee, Resident Development Administrator, Roanoke Redevelopment and Housing Authority; Earl W. Saunders, Jr., Management Director, Roanoke Redevelopment and Housing Authority; John Grove, Attorney, Roanoke Redevelopment and Housing Authority; Max Ruggiero, Director of Administration, Roanoke Redevelopment and Housing Authority; and Evelyn A. Ringler, Administrative Assistant, Roanoke Redevelopment and Housing Authority. The Mayor advised that he enjoyed a close working relationship with the Roanoke Redevelopment and Housing Authority during the eight-year period that he served as Council's liaison to the Board of Commissioners. He called attention to the importance of periodic meetings with Council appointed committees to insure that the lines of communication remain open, and the importance of meeting with the Roanoke Redevelopment and Housing Authority at least once a year to stay abreast of Housing Authority Issues. Ii 529 On behalf of the Roanoke Redevelopment and Housing Authority, ChairpersonAnderson expressed appreciation for the opportunity to meet with the members of Council to share common concerns and interests. He advised that earlier in the year, the Board of Commissioners and staff of the Housing Authority held a strategic planning session and adopted a mission statement which states that the Housing Authority, in partnership with organizations, agencies and local governments, will provide housing and home ownership opportunities for low to moderate income persons, assume a leadership role in providing programs and resources for residents, encourage self-sufficiency, self-esteem and self-determination, and maintain a leadership role in fostering economic development and Job opportunities. He stated that in keeping with its mission, the Housing Authority owns, operates and manages, 1479 units of conventional public housing and administers the Section 8 Program, which provides rental assistance to private landlords for 1,333 households, and combined affordable housing is provided by and through the Housing Authority to approximately 6,600 residents of Roanoke. In addition, he pointed out that there are 1,297 subsidized housing units in the City of Roanoke which are not operated by the Housing Authority but help to provide housing for low and moderate income persons. He stated that in carrying out its responsibility during the past year, the staff of the Housing Authority executed 9,000 work orders for repair and replacement items within housing complexes in various sections of the City, processed 2,820 applications for housing and paid local landlords approximately $4 million for rental assistance for Section 8 participants, and approximately $21 million will flow through the Housing Authority this year into the Roanoke economy. He explained that the Housing Authority coordinates, facilitates and provides a wide variety of resident support programs in public housing developments which vary from participating in the teenage health center in Hurt Park to awarding five $2,000.00 scholarships to public housing residents. He stated that Housing Authority staff continues to work with the resident housing organizations which are active in community development, and called attention to state recognition of the Joint Resident Council, a recent recipient of the Governor's Award for Volunteer Excellence. He further stated that the Board of Commissioners firmly believe that public housing and Section 8 should be indigents of transition from welfare to work, from dependence to self-sufficiency, from tenancy to home ownership, and public housing must represent places where residents can pull their lives together, consolidate their gains and move on. He explained that in order to help residents accomplish these goals, the Housing Authority continues to forge linkages with community agencies and currently works with 34 different organizations to coordinate and facilitate various programs; and to create home ownership opportunities for residents of assisted housing, funds have currently been recycled from Highland Manor into constructing new single family units, and construction is expected to start this year. He explained that the Housing Authority, because it is a redevelopment as well as a housing 530 authority under state law, continues to work with City staff on economic development issues and called attention to high profile activities such as the Hotel Roanoke Conference Center project and the Vitramon addition in the City's Roanoke Centre for Industry and Technology. He stated that the Housing Authority helped to generate economic development through the recent sale of property in the Deanwood and Shaffers Crossing Redevelopment areas, and is presently pursuing a feasibility study for an office building on Henry Street to serve as administrative offices for the Housing Authority which could, in turn, serve as a catalyst for other development in the Henry Street area. He noted that the Housing Authority has continued its efforts to upgrade Roanoke's private housing stock and assisted a total of 205 first time home buyers during the year, assisted with extensive renovations to 48 homes and emergency repairs to 65 homes, and the Rental Rehabilitation Program has facilitated the development of seven upper level housing units in downtown Roanoke. Ms. Johnson discussed certain existing programs in public housing, and referred to the Teen Health Center that offers assistance to young people who are residents of public housing which enables them to receive treatment for certain health-related problems, and any public housing resident, no matter where they live, may seek treatment through the Teen Health Center. She referred to Chess Clubs and the Parent Resource Center operated by the Housing Authority in conjunction with the Roanoke City Public Schools which is similar to a library with computers that enable parents and children to receive instruction on computer operation, and Parent Resource Centers are located in Hurt Park and Lincoln Terrace Housing Projects. She expressed appreciation to the City for the Police COPE Units (Community Oriented Police Efforts) that were established in Lincoln Terrace, Jamestown Village, and Hunt Manor housing developments, and called attention to the good interaction between the COPE unit and the residents of the areas, and noted that the crime rate has decreased considerably since the COPE units were established. Ms. Wyatt, Council's liaison member to the Roanoke Redevelopment and Housing Authority, advised that she looks forward to working with the Housing Authority. She stated that the comments of Ms. Johnson were well taken and represent a positive attitude on behalf of persons residing in public housing. Mr. White advised that having previously served as Council's liaison member to the Roanoke Redevelopment and Housing Authority, he learned a great deal about the general role of the Housing Authority and expressed appreciation to the Commissioners and to staff for their assistance during his tenure. He called attention to the importance of housing and spoke in support of upper and middle income housing inasmuch as there are certain matters that 531 the City and the Housing Authority can accomplish jointly to maintain a balance within the City. He spoke in support of joint housing projects with surrounding Roanoke Valley jurisdictions, and added that he looks forward to working with the Housing Authority on future projects. Mr. Anderson advised that the Housing Authority has given its wholehearted approval to the market rate housing strategy and offered the resources and assistance of the Housing Authority toward a successful conclusion. In regard to surrounding Roanoke Valley Jurisdictions, he advised that under state law, the Housing Authority is not confined to just the City of Roanoke and would be pleased to entertain requests by other governing bodies. Mr. Edwards called attention to the importance of the Housing Authority in its role in regard to economic development and low to moderate income housing. He referred to a recent meeting with Anita Lee, Resident Development Administrator of the Housing Authority in connection with better utilization of school resources, buildings, and athletic fields working in partnership with the Housing Authority, the City Administration, the Parks and Recreation Department and the School Administration to expand after school, weekend, and summer programs with existing resources. He expressed appreciation for the work of the Roanoke Redevelopment and Housing Authority and specifically commended the Housing Authority for its involvement in the Hotel Roanoke Conference Center project. Mr. McCadden expressed appreciation to the Board of Commissioners for their service and called attention to the diverseness of the Board and its agenda. He also called attention to the Housing Authorit¥'s involvement in economic development, and commended the Housing Authority for encouraging its residents to become more active in the City and for programs at Hurt Park and Lincoln Terrace Housing Projects. He advised that the efforts of residents to take control of their neighborhoods are important and should be applauded. Mrs. Bowles expressed appreciation to the Housing Authority and commended Ms. Johnson for her involvement by including residents in Housing Authority activities. She encouraged Housing Authority involvement in Henry Street projects, as well as downtown housing. The Mayor spoke in support of the Housing Authority moving progressively forward with its involvement in the Henry Street project. He advised that within the last 60 days, plans were announced for the proposed rail walk which is a $2.3 million project that will be included in the bond referendum, and it is hoped that the Housing Authority will support the project which 532 includes construction of a pedestrian bridge to connect the Hotel Roanoke to the City Market area. He explained that one of the problems with Henr~ Street is that the area is not connected to the market and the rail walk will help to close the gap and provide direct access. He stressed the importance of Housing Authority involvement in the Henry Street project and requested a status report with regard to future Involvement. With regard to downtown public housing, the Mayor advised that the topic has been discussed with the Board of Commissioners during the past two years and requested a follow-up report and proposal. He called attention to the fact that there have been no new public housing projects in the City in the past ten years, and if the number of senior citizens continues to grow, it will be necessary to provide more public housing. In order to tie in with the rail walk, downtown development and the societal need to provide quality housing for senior citizens, the Mayor requested that the Housing Authority report to Council within a reasonable time with specific recommendations. In connection with the Housing Authority's proposed administrative office building on Henry Street, Mr. Anderson called attention to a request for proposals from Hill Studio for a proposed plan, advising that before taking action on the final plan, the document will be presented to Council. If the office building proves to be feasible, he stated that it would serve as a catalyst for other developments in the Henry Street area and tie in with the rail walk and the Hotel Roanoke Conference Center. He advised that the Housing Authority will be pleased to follow through on the Mayor's request for suggestions in regard to downtown public housing and noted that preliminary studies have been conducted, that certain problems have surfaced and the information will be shared with the members of Council as the study progresses. He advised that both Morningside Manor and Melrose Towers housing developments, which house elderly and disabled residents, were constructed in the 1970's, and since that time, no new high rise public housing has been constructed in the City of Roanoke. He stated that in moving forward with new high-rise housing developments, Department of Housing and Urban Development funds must be identified, that the City would have to justify the use of the funds, and the fact that there are vacancies in both Morningside Manor and Melrose Towers could present a problem. He called attention to vacant public housing units throughout the City, including the two abovereferenced high-rise projects, that there is a long waiting list of applicants for public housing, however, there is a problem when an applicant is offered a housing unit and they decline because they prefer to wait for another housing unit. He stated that the Housing Authority will be pleased ii 533 to pursue funding for another high rise apartment complex, but it is important to remember that in order to receive the necessary Federal funds, the City will have to justify the need. Neva J. Smith, Executive Director, Roanoke Redevelopment and Housing Authority, advised that the staff of the Housing Authority has done a tremendous Job, working hard and living through a number of changes. She further advised that over the past year the Housing Authority was reorganized into three functional areas, viz= development, housing and administration; that all upper level staff positions have now been filled; and the first five year strategic plan has been completed to provide a vision and a way to move forward tn order to serve as a more effective partner with the City of Roanoke and the City's efforts. She stated that the Housing Authority is currently revamping its personnel system in order to achieve the goal of pay for performance for employees which will enable those employees who give extraordinary service to be appropriately rewarded; and equipment will be upgraded with an emphasis on computerization, along with intensive training of employees at all levels from maintenance personnel to administrative staff. She called attention to staff efforts to identify vacant public housing units; that KPMG Peat Marwick was contracted to audit the records of the Housing Authority and the audit revealed no adverse findings; and joint purchasing/bidding efforts in conjunction with the City as a cost saving measure. She commended the Housing Authorlty's Joint Resident Council as recipient of the Governor's Award for Volunteer Excellence; and referred to a consolidated budget reflecting all of the Housing Authority's programs and activities which was entered into national competition and resulted in the City of Roanoke's recognition as a National Award Merit Winner. She presented documents setting forth the Housing Authority's strategic plan, a copy of the consolidated budget, a brochure on affordable living in public housing, and a brochure and fact sheets on all Housing Authority programs. She expressed appreciation to City staff for efforts to include Housing Authority staff in City operations and deliberations. The Assistant City Manager advised that the City administrative staff understands the importance that Council has placed on providing safe, decent and affordable housing for all citizens of the City of Roanoke, and in that respect, City staff has enjoyed a positive working relationship with Housing Authority staff. He assured the members of Council that they can depend upon the City Administration and the Housing Authority Administration to continue its good working relationship in order to carry out the mission of City Council and the Roanoke Redevelopment and Housing Authority. 534 Ms. Smith advised that the Lansdowne Park Recreation facility was recently completed and the Housing Authority looks forward to dedicating the facility to the City of Roanoke as a part of its Parks and Recreation Department during the month of September. There being no further business, the Mayor and the Chairperson declared the Joint meeting of the Roanoke City Council and the Roanoke Redevelopment and Housing Authority adjourned at 1:30 p.m. ATTEST Mary F. Parker City Clerk APPROVED Mayor 535 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL August 22, 1994 10:00 a.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, August 22, 1994, at 10:00 a.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular Meetlnqs~ of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members John H. Parrott, William White, Sr., Llnda F. Wyatt, Elizabeth T. Bowles, John S. Edwards, Delvis O. McCadden and Mayor David A. Bowers ............................... 7. ABSENT: None ............................................... 0. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dlbling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend Mark A. Graham, Pastor, St. John Lutheran Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to a request for an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council. coMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and 536 ACTION: ACTION: committees appointed by Council, pursuant to Section 2.1- 344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Sectlon 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... O. DIRECTOR OF FINANCE-ACTS OF ACKNOWLEDGEMENT: A communication from Mayor David A. Bowers transmitting correspondence from the Virginia Government Finance Officers' Association acknowledging issuance of a Certificate of Achievement for Excellence in financial reporting for the City's most recent Comprehensive Annual Financial Report, 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. McCadden and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. ANNUAL REPORTS-COMMITTEES-AUDIT COMMITTEE: A communication from Council Member William White, Sr., Chairperson of the Audit Committee, transmitting the Annual Report of the Audit Committee for the year ended June 30, 1994, was before the body. A summary of the Audit Committee's activities is as follows: reviewed and concurred with the annual plan presented by KPMG Peat Marwick; 537 ACTION: ACTION: reviewed and concurred with the Municipal Auditor's annual audit plan; reviewed the independent accountant's report with representatives from KPMG Peat Marwick and City officials; reviewed the internal audit reports with the Municipal Auditor and City officials; and furnished a copy of the minutes of each committee meeting to City Council and City officials. (For full text, see communication and Annual Report on file in the City Clerk's Office.) Mrs. Bowles moved that the communication and Annual Report be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. ANNUAL REPORTS-MUNICIPAL AUDITOR= A report of the Municipal Auditor transmitting his Annual Report for the year ended June 30, 1994, was before Council. (For full text, see Annual Report on file in the City Clerk's Office.) Mrs. Bowles moved that the Annual Report be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. OATHS OF OFFICE-COMMITTEES-PLANNING-FIFTH PLANNING DISTRICT COMMISSION: A report of qualification of Marsha Compton Fielder as a member of the Fifth Planning District Commission, for a term ending June 30, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) 538 ACTION: ACTION: Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. OATHS OF OFFICE-COMMITTEES-YOUTH: A report of qualification of Alison R. Baird as a member of the Youth Services Citizen Board, for a term ending May 31, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... O. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: PARKS ANDRECREATION-VAAMATEUR SPORTS/COMMONWEALTH GAMES: Peter R. Lampman, President, Virginia Amateur Sports, Inc., appeared before Council and expressed appreciation for the City's support of and commitment to the 1994 Virginia Commonwealth Games. He advised that the Commonwealth Games have grown from 4,600 athletes five years ago to 8,000 athletes in 1994; whereupon, he presented Council Members with Commonwealth Games logo T-shirts in appreciation of the City's support. He also presented the Mayor with an engraved plague expressing appreciation to the City of Roanoke for sponsoring the 1994 Commonwealth Games. Without objection by Council, the Mayor advised that the remarks of Mr. Lampman would be received and filed. PETITIONS AND COMMUNICATIONS: BUDGET-CITY JAIL-GRANTS-SCHOOLS: A communication from the Honorable W. Alvin Hudson, Sheriff, with regard to adult basic education funds for inmates of the Roanoke City Jail, was before Council. 539 It was advised that in 1987, Governor Gerald Baliles initiated a literacy program for inmates incarcerated in the Virginia Department of Corrections, which was intended to reduce recidivism among inmates by encouraging them to obtain a G.E.D. level of education and thereby increase their abilities to obtain jobs once released from custody; that since fiscal year 1988-89, Federal grant funds have been made available to local Jails to provide educational programs for inmates at the local level; that for the past five years, the educational program serving inmates in the Jail has proven successful; and utilizing a part-time teacher in addition to community volunteers from local churches and other organizations, the jail has been able to provide quality educational opportunities to inmates. It was further advised that the Roanoke City School Division requested and received approval for continued funding of the Roanoke City Jail's educational program for fiscal year 1994-95; that an "institutional adult plan" request was again submitted as a part of the Annual Program Application for adult education under the State Adult Literacy and Adult Education Act, whereby funds are administered by the Adult Education Service of the State Department of Education through local school divisions; that Federal funds not to exceed the amount of $16,500.00 have been approved to reimburse Roanoke City for 90 per cent of the total cost in order to continue to pay a part-time teacher to operate the educational program in the City Jail for 52 weeks; and the City of Roanoke is required to provide a local ten per cent cash match, or $1,833.00, in order for the Roanoke City Jail to continue to participate in the program, the total cost of the program to be $18,333.00, with program cost not to exceed $16,500.00 from the State Department of Education plus the local cash match of $1,833.00. The Sheriff recommended that the Director of Finance be authorized to establish a revenue estimate in the Grant Special Revenue Fund in the amount of $16,500.00 in Federal funds and $1,833.00 in local cash match to be paid by the Roanoke City Jail's Canteen Fund; and that Council appropriate $18,333.00 in the Grant Special Revenue Fund to the following accounts: Temporary Wages FICA $17,030.00 1,303.00 (For full text, see communication on file in the City Clerk's Office.) 54O ACTION: ACTION: A report of the City Manager concurring in the recommendation of the Sheriff, was before Council. (For full text, see report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the report of the City Manager would be received and filed. Mr. White offered the following emergency budget ordinance: (#32150-082294) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 337.) Mr. White moved the adoption of Ordinance No. 32150- 082294. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. Following discussion, Mr. McCadden moved that the matter of hlring a full-time employee to administer the G.E.D. Program to inmates in the Roanoke City Jall and to provide follow-up services after completion of the program be referred to the City Manager and the Sherlff for study, report and recommendation to Council within 30 days. The motion was seconded by Ms. Wyatt and unanimously adopted. BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS-VICTIM/ WITNESS/JUROR PROGRAM: A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, with regard to acceptance of and continued participation in the Department of Criminal Justice Services Grant for the Victim/Witness Assistance Program, was before Council. It was advised that the Victim/Witness Program is designed to recognize and address the needs of victims and witnesses in the Roanoke City Criminal Justice System and to continue the commitment for citizen support; and 541 in September 1984, CounciI accepted the start-up grant, hired a full-time program coordinator in October 1984, and the program has been in continued operation since that time. It was explained that the Victim/Witness Assistance Program has been awarded a 12-month, $34,021.00 grant, No. 94-A8554, for the period July 1994 through June 1995, which will be matched by a local cash match of $24,903.00, for a total grant budget of $58,924.00; that the Program continues to operate with a full-time coordinator, as well as a fulI-time assistant for the Juvenile and Domestic Relations Court; that duties have expanded and increasingly greater contact has been made with persons in need of program services; and the program is coordinated by the Office of Commonwealth's Attorney, which fiscal year 1994-95 budget as approved by Council included a local cash match grant fund of $24,903.00. The Commonwealth's Attorney recommended that Council concur in the following actions: authorize acceptance of and participation in the Department of Criminal Justice Services Grant No. 94-A8554 for the Victim/Witness Program in the amount $34,021.00, with the City to provide a total local cash match of $24,903.00 from monies provided in the Commonwealth Attorney's fiscal year 1994-95 budget; authorize the City Manager to execute all appropriate documents to obtain the grant; and authorize appropriation of $34,021.00 in State grant funds and transfer $24,903.00 in local matching funds from General Fund Account No. 001-004-9310-9535 to the Grant Fund and establish a corresponding revenue estimate in accounts to be established by the Director of Finance. A report of the City Manager concurring in the recommendation of the Commonwealth's Attorney, was also before Council. (For full text, see communication and report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: 542 ACTION: ACTION: (#32151-082294) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 338.) Mrs. Bowles moved the adoption of Ordinance No. 32151-082294. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. Mrs. Bowles offered the following resolution: (#32152-082294) A RESOLUTION authorizing acceptance of Grant No. 94-A8554 made to the City of Roanoke by the State Department of Criminal Justice Services for a Victim/Witness/Juror Assistance Program and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. (For full text of Resolution, see Resolution Book No. 56, page 340.) Mrs. Bowles moved the adoption of Resolution No. 32152-082294. The motion was seconded byMr. Edwards and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. Without objection by Council, the Mayor advised that the City Manager's report would be received and filed. BUDGET-DRUGS/SUBSTANCE ABUSE-COMMONWEALTH'S ATTORNEY-GRANTS: A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, with regard to acceptance of funding for Drug Prosecutor positions, was before Council. It was advised that Federal funding was made available to the Commonwealth of Virginia to be used for the development of several Multi-Jurisdictional Special Drug Prosecutors statewide; that positions were developed to coordinate prosecutorial efforts among independent 543 jurisdictions, reduce fractional and duplicate prosecutions, enhance the recovery of criminal assets, utilize Federal, State and local resources to assure maximum prosecutorial effectiveness and provide specialized prosecutorial resources to the regional drug enforcement effort; and, in addition, the Regional Drug Prosecutor has been cross-designated as an Assistant U. S. Attorney, which will permit a State prosecutor to make use of the Federal Grand Jury. It was further advised that on October 9, 1987, the Commonwealth's Attorneys of the Counties of Craig, Franklin and Roanoke and the Cities of Roanoke and Salem applied to the Commonwealth's Attorneys' Services Council, the State agency responsible for the administration of grant money, to fund a Multi- Jurisdictional Special Drug Prosecutor; and in April 1988, Council accepted the Multi-Jurisdictional Special Drug Prosecutor Grant, and a full-time Special Drug Prosecutor was hired in July 1988. It was explained that on April 15, 1994, the Commonwealth's Attorneys' Services Council notified the Roanoke City Commonwealth's Attorney that legislation approved by the General Assembly allowed funds for Drug Prosecutor positions to be transferred from the Department of Criminal Justice Services and the Commonwealth's Attorneys' Services Council to the State Compensation Board in the following amounts: $62,297.00 for salaries, $10,189.00 for fringe benefits, $9,986.00 for office expenses, and $1,304.00 for locality service cost for the period July 1, 1994 through June 30, 1995; that as a result, the Drug Prosecutor positions that serve the Counties of Craig, Franklin, and Roanoke, and the Cities of Roanoke and Salem will be funded through the Offices of the Commonwealth's Attorneys in the host localities effective July 1, 1994; and the positions will be funded separately from the positions in the Commonwealth's Attorney's Office, with their own cost code, budget, monthly payroll and expense report. The Commonwealth's Attorney recommended that Council concur in the following actions: authorize acceptance of continued participation in funding for the Drug Prosecutor positions through the State Compensation Board, in the amount of $83,776.00, for the period July 1, 1994 through June 30, 1995; 544 ACTION: authorize the City Manager to execute all appropriate documents to obtain funding for the positions; and appropriate $83,776.00 for funding for the Drug Prosecutor positions through the State Compensation Board and establish a corresponding revenue estimate in accounts to be established by the Director of Finance, as follows: Regular Employee Salaries FICA Life Insurance ICMA (Secretary only) Dental Insurance Health Insurance Local Mileage Office Rental Administrative Supplies Telephone Copying/Postage Total $62,297.00 4,765.00 409.00 1,683.00 196.00 4,440.00 1,100.00 5,466.00 800.00 1,320.00 $ 1~300.00 $83,776.00 A report of the City Manager concurring in the recommendation of the Commonwealth's Attorney, was also before Council. (For full text, see communication and report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: (#31253-082294) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 341.) Mr. McCadden moved the adoption of Ordinance No. 31253-082294. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... O. Mr. McCadden offered the following resolution: 545 ACTION: (#32154-082294) A RESOLUTION authorizing the acceptance of a Multi-Jurisdictional Special Drug Prosecutor Grant made to the City of Roanoke by the Commonwealth of Virginia and authorizing the acceptance, execution and filing of all appropriate documents to obtain such funds. (For full text of Resolution, see Resolution Book No. 56, page 342.) Mr. McCadden moved the adoption of Resolution No. 32154-082294. The motion was seconded byMr. Parrott and adopted by the following vote= AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... O. Without objectionbyCouncil, the Mayor advised that the City Manager's report would be received and filed. BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS: A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, with regard to continuation of the Roanoke City Commonwealth's Attorney Pre-Trial Services Program for fiscal year 1994-95, was before Council. It was advised that the Appropriations Act approved by the Virginia General Assembly during its 1989 regular session authorized the Department of Criminal Justice Services (DCJS) to expend grant funds for establishment of pre-trial diversion of select non-violent, Jailable offenses; that the Commonwealth's Attorney, in cooperation with the Circuit, General District and Juvenile and Domestic Relations Courts, established a program in 1990 under the administration of the Court- Community Corrections Program; and a local cash contribution will be required in fiscal year 1995, July 1, 1994 through June 30, 1995, in order to insure continuation of the program. It was further advised that the Judges, City Manager and City Sheriff continue to support the concept of pre- trial diversion of selected non-violent offenders as one method of community diversion to improve the efficiency and effectiveness of the Criminal Justice System in Roanoke; that State funds, in the amount of $68,010.00, are available to Roanoke City in order to continue the Pre-Trial Services Program during fiscal year 1994-95; 546 ACTION= that a local cash contribution of $7,670.00 will be required in fiscal year 1994-95 to ensure continuation of the Program; that funding for the local cash contribution in the amount of $7,670.00 is contained in the City's recommended General Fund budget for flscal year 1994-95 (Non-Departmental, Transfers to Grant Fund); that a Statement of Grant Award/Acceptance of Speclal Conditions and Application, In the amount of $75,680.00 ($68,010.00 in State funds and $7,670.00 in local contributions), has been prepared for submission to the Department of Criminal Justice Services by the Commonwealth's Attorney and Dlrector of the Court-Community Corrections Program, who will administer the Program; and approval by Council ts requested tn order to submit the prepared Statement of Grant Award/Acceptance of Special Conditions and Application to DCJS for its review and approval. The Commonwealth's Attorney recommended that Council authorize the City Manager to execute and submit the Statement of Grant Award/Acceptance of Special Conditions and Application to the Department of Criminal Justice Services for continuation of the Roanoke City Pre-trial Services Program; and appropriate a total of $75,680.00 ($68,010.00 in State funds and $7,670.00 in local funding included in the proposed fiscal year 1994-95 General Fund Budget, Account No. 001-004-9310-9535) to revenue and expenditure accounts to be established in the Grant Fund by the Director of Finance. A report of the City Manager concurring in the recommendation of the Commonwealth's Attorney, was also before Council. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Edwards offered the following emergency budget ordinance: (#32155-082294) certain sections Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. page 343.) Mr. Edwards moved the adoption of Ordinance 32155-082294. The motion was seconded by Mrs. adopted by the following vote: AN ORDINANCE to amend and reordain of the 1994-95 Grant Fund 56, No. Bowles and 547 ACTION= AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... O. Mr. Edwards offered the following resolution: (#32156-082294) A RESOLUTION authorizing execution of a Statement of Grant Award and Acceptance of Special Conditions in connection with continuation of the Roanoke City Pre-Trial Services Program. (For full text of Resolution, see Resolution Book No. 56, page 344.) Mr. Edwards moved the adoption of Resolution No. 32156-082294. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. Without objection by Council, the Mayor advised that the City Manager's report would be received and filed. BUDGET-CMERP-GRANTS-SCNOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. Grant No. 6081 - $1.9 million for the renovation of Wasena Elementary School. A Literary Fund loan application tn the same amount has been approved for this project. Grant No. 6237 $65,737.00 for the 1994-95 Elsenhower Project Title Program to provide for activities to improve the skills and knowledge of mathematics and science teachers. The Program will be 100 per cent reimbursed by Federal funds. Grant No. 6307 $3,599,943.00 for the Magnet Schools Program for 1994-95 to provide for the operation of the Magnet School Programs at 548 Grant No. 6446 Grant No. 6772 Grant No. 6922 Grant No. 6923 William Fleming High School and Ruffner Middle School. The Program will be 100 per cent reimbursed by Federal funds. $695,804.00 for the Alternative Education Program to provide instruction and guidance services to secondary level students who are at-risk of leaving school due to poor academic achievement, low or unrealistic self-concept, or a poor understanding of academic preparation required to achieve their career interest. The Program will be funded by Federal funds in the amount of $70,304.00 and local funds in the amount of $625,500.00. $10,000.00 for the GED Testing Program for 1994-95 to provide instructors for GED preparation classes and for the administration of the GED examinations. Student fees will be the source of revenue. $264,740.00 for the Project YES Program to identify, assess, evaluate and provide assistance for at-risk sixth and ninth grade students who are potential dropouts. The Program will be funded by State funds in the amount of $256,296.00 and local funds in the amount of $8,444.00. $105,244.00 for the Drug Free Schools Program for 1994-95 to provide funding for four student assistance counselors at the secondary level to work with substance abuse issues. The Program will be 100 per cent reimbursed by Federal funds. 549 ACTION: Grant No. 6924 $78,128.00 for the Impact Aid Program to provide funds for salaries and fringe benefits of the Partnership Specialist and the magnet office and grants office secretaries. The Program will be 100 per cent reimbursed by Federal funds. Grant No. 6925 $53,187.00 for the 1994-95 Grants Management Program to provide partial funding for the salary and fringe benefits of the magnet program director. The Program will be reimbursed 100 per cent by Federal funds. The School Board further requested the first installment of proceeds totaling $882,302.00 from the 1994-95 Capital Maintenance and Equipment Replacement Fund, which proceeds will be used for the purchase of instructional computers, replacement of school buses and maintenance equipment, relocation of central administrative offices, alteration and upgrade of elementary school classrooms and equipment, replacement of roofs, and installation of modular classrooms. A report of the Director of Finance recommending that Council concur in the request of the School Board, advising that the request represents the first appropriation of School Board fiscal year 1994 CMERP funds of $2,020,436.00, leaving an unappropriated balance of $1,138,134.00, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: AN ORDINANCE to amend and reordain and an (#32157-082294) certain sections of the 1994-95 School, Capital General Fund Appropriations, and providing for emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 344.) Ms. Wyatt moved the adoption of Ordinance No. 32157- 082294. The motion was seconded by Mr. Parrott. 55O ACTION: Mr. McCadden inquired as to why $560.00 is recommended for appropriation to Roanoke Catholic for tuition costs; whereupon, the Dlrector of Finance explained that the funds pertain to Eisenhower Project Title II 1994-95 which will fund activities to improve the skllls and knowledge of mathematics and science teachers while facilitating greater communication and collaboration between disciplines and across grade levels. He further advised that if his response did not satisfactorily address Mr. McCadden's question, the budget ordinance could be deferred until the next meeting of Council on Monday, September 12, 1994, pending additional information from the School Administration inasmuch as no representative from the school system was in attendance to answer questions. Mr. White advised that whenever appropriation requests are submitted to Council, a representative of the requesting party should be present to respond to questions. Mr. Parrott offered a substitute motion that the request of the School Board for certain appropriations be tabled. The motion was seconded by Mr. McCadden and adopted, Mr. Edwards voting no. Mr. Edwards concurred that a representative of the school administration should be in attendance to respond to questions, however, he did not believe that that was sufficient reason to defer action on the matter until the September 12, 1994 Council meeting. Later during the meeting, Mrs. Bowles moved that the request of the School Board be removed from the table. The motion was seconded by Mr. McCadden and adopted. The Assistant City Manager advised that pursuant to his discussion with Richard L. Kelley, Assistant Superintendent for School Operations, the Elsenhower Grant requires that tuition be paid to teachers of private schools, and the $560.00 in funds earmarked for Roanoke Catholic represents pass through funding for tuition for two mathematics teachers. Ordinance No. 32157-082294 was then adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: Council Member McCadden .................... 1. 551 Without objection by Council, the Mayor advised that the report of the Director of Finance would be received and filed. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-PUBLIC WORKS-FEE COMPENDIUM: The City Manager submitted a written report advising that a customer service charge study performed by David M. Griffith and Associates, Ltd. in June 1990 and adopted on June 20, 1994, pursuant to Resolution No. 30124-062090, established fees charged by the City for map prints; that the study indicated that the City should recover costs for maintenance of official maps (i.e., appraisal, sewer, water and zoning); and fees prior to the study were set by Engineering Department staff and were monitored from time to time in order to be comparable with printing charges of other Jurisdictions and engineering and architectural fir~s around the Roanoke Valley. It was further advised that collections for maps have risen from an annual average of $1,692.00 prior to the study to $2,815.00 since adoption of the new fee structure; that many citizens are surprised and concerned when informed that a large format map (26" x 36") costs $16.00 per sheet, and citizens feel that the cost should be borne by the City, as well as the $8.00 cost for intermediate size maps (11" x 17"); that labor and material costs to provide the 26" x 36" map is $1.96, and $1.78 for the 8 1/2" x 11" map, and given the relatively small increase in revenue realized from the current map fees, approximately $1,123.00 annually and the undesirable comments from map customers, it is proposed that the map fees be reduced. The City Manager recommended that Council approve the following fee schedule for map prints: 552 ACTION: Map Size Service Charqe 8 1/2" x 11" $ 1.00 11" x 17" 2.00 26" x 36" 3.00 Roll Paper 1.00 sq. ft. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution= (#32158-082294) A RESOLUTION providing for adjustment of fees charged by the Engineering Department for map prints. (For full text of Resolution, see Resolution Book No. 56, page 352.) Mr. Parrott moved the adoption of Resolution No. 32158-082294. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. BUDGET-STATE HIGHWAYS-BRIDGES-CAPITAL IMPROVEMENTS PROGRAM-STREETS AND ALLEYS: The City Manager submitted a written report advising that the Virginia Department of Transportation (VDOT) continuously develops various phases of Council approved highway projects, which include such items as preliminary engineering, right-of- way acquisition and project construction; that bills to the City from VDOT are prepared on a monthly basis, which represent the City's share of expenditures to date; that the City's share is generally five per cent for plan development phases authorized prior to July l, 1989, and two per cent for phases authorized after that date; and Capital Fund accounts are established for each project in the amount of the estimated billings that are anticipated for the year, which provides for payments of interim bills, however, there may be instances when additional requests to Council for transfers are needed to cover interim bills. It was further advised that appropriation of $80,000.00 from Capital Improvement Reserve - Streets and Bridges, to project accounts is needed to cover anticipated billings; that individual projects are funded from their respective highway accounts and from utility 553 ACTION= accounts depending upon the extent of water and sewer relocation needed on each project; that three of the six highway construction projects for which funds are currently allocated in VDOT's Six-Year Improvement Program require continued funding in order to meet costs anticipated on projects for fiscal year 1994-95; that certain transfers of funds are needed; that the Pedestrian Bridge Project will be the subject of a future report regarding a City/State Agreement, at which time funding will be addressed; and other projects presently have sufficient allocations from previous years to meet anticipated billings. The City Manager recommended that Council appropriate $80,000.00 from Capital Improvement Reserve - Streets and Bridges, to the following individual project accounts= Peters Creek Road Extension, Account No. 008-052-9595-9003 $50,000.00 Brandon Avenue Widening, Account No. 008-052-9604-9003 $20,000.00 Tenth Street Widening, Account No. 008-052-9597-9003 $10,000.00 (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#32159-082294) AN ORDINANCE to amend and reordatn certain sections of the 1994-95 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 353.) Mrs. Bowles moved the adoption of Ordinance No. 32159-082294. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. 554 BUDGET-FIRE DEPARTMENT-GR~NTS-EQUIPMENT: The City Manager submitted a written report advising that the Fire Program Fund was established by the Virginia General Assembly, effective October 4, 1985, pursuant to Section 38.1-44.1 of the Code of Virginia; that the sunset clause requiring expiration of the Fund on July 1, 1990 was removed, thus, the City's annual allocation of State funds received will continue indefinitely} that revenue to support the Program is derived from a 0.8 per cent surcharge on all fire insurance premiums collected throughout the Commonwealth of Virginia~ that Program guidelines require that funds received are non- supplanting and may not be used in replacement of existing local funding, however, must be used in accordance with provisions established by the State Department of Fire Programs for fire service training, regional fire service training facilities, firefighting equipment/apparatus and personal protective clothing. It was explained that a Roanoke City's allocation of $97,507.39 was electronically transferred to the City Treasurer on June 30, 1994~ and action by Council is needed to formally accept, appropriate the funds and authorize the Director of Finance to establish revenue estimates and appropriation accounts in the Grants Program Fund to purchase the following equipment and supplies in accordance with provisions of the program: fire suppression protective equipment training and development recruitment and development $76,807.00 12,000.00 8,700.00 The City Manager recommended that Council authorize acceptance of the grant award and appropriate $97,507.39, with corresponding revenue estimates, to accounts to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (#32160-082294) AN O~DINANCE to amend and reordain certain sections of the 1994-95 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 354.) 555 ACTION: ACTION: Ms. Wyatt moved the adoption of Ordinance No. 32160- 082294. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrott, Whlte, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. Ms. Wyatt offered the following resolution: (#32161-082294) A RESOLUTION accepting a certain Fire Program Fund Grant from the State Department of Fire Programs and authorizing execution of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 56, page 355.) Ms. Wyatt moved the adoption of Resolution No. 32161-082294. The motion was seconded by Mr. White and adopted by the following vote= AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. BUDGET-FIRE DEPARTMENT-EMERGENCY SERVICES-GRANTS- EQUIPMENT: The City Manager submitted a written report advising that on July 25, 1994, Council authorized the City Manager to enter into an agreement to participate in a Level III Hazardous Materials Regional Response Team} and on July 25, 1994, the City Manager and the State Coordinator of Emergency Services entered into the agreement, effective until June 30, 1996, unless terminated upon 30 days written notice by either party. It was further advised that pursuant to the executed agreement, the City, as well as all localities that participate in a regional response team, will receive "pass-through funding" from the Virginia Department of Emergency Services to assist with the purchase of equipment and to attend training programs needed to comply with mandates set forth by Federal OSHA and the Virginia Department of Emergency Services (VDES); that equipment needs range from a $100.00 meter sensor to a $3,000.00 encapsulated response suit; and pass-through funding totalling $15,000.00 has been received from VDES by the City as of August 22, 1994, and deposited in revenue Account No. 035-035-1234-7067. 556 ACTION: It was explained that the City of Roanoke and the City of Salem will coordinate purchase of equipment for the Hazardous Materials Regional Response Team in order to avoid duplication of expensive equipment and to allow for compatibility of equipment purchased; and training classes will be coordinated through the respective hazardous materials coordinator's Jurisdiction in conjunction with VDES. The City Manager recommended that he be authorized to accept the Hazardous Materials Regional Response Team Grant, in the amount of $15,000.00; and that Council appropriate $15,000.00 to Other Equipment, Hazardous Materials Response Team Grant, Account No. 035-050-3220- 9015. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (%32162-082294) AN ORDINANCE to amend and reordatn certain sections of the 1994-95 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 356.) Mr. Parrott moved the adoption of Ordinance No. 32162-082294. The motion was seconded byMrs. Bowles and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. Mr. Parrott offered the following resolution: (%32163-082294) A RESOLUTION authorizing the acceptance of a grant made to the City of Roanoke by the Virginia Department of Emergency Services for training and for the purchase of equipment for the Hazardous Materials Regional Response Team and authorizing the acceptance, execution and filing of all appropriate documents to obtain such grant. (For full text of Resolution, see Resolution Book No. 56, page 357.) 557 ACTION: Mr. Parrott moved the adoption of Resolution No. 32163-082294. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. BUDGET-HEALTH DEPARTMENT-INSURANCE-FIRE DEPARTMENT- H~ DEVELOPMENT-REFUSE COLLECTION-EMERGENCY SERVICES- GR~NTS-CMERP-YOUTH-YOUTH CORRECTIONAL FACILITIES-MENTAL HEALTH SERVICES-SCHOOLS-INSURANCE: The City Manager submitted a written report advising that pursuant to Section 36 of the Roanoke City Charter, the unencumbered balance at fiscal year-end of each appropriation shall become part of the year-end fund balance~ and funding for certain programs could not be expended or obligated by June 30, 1994. It was further advised that the Commonwealth of Virginia Department of Youth and Family Services provides funding to administer a Family Oriented Group Home (FOGH) program for local children in need of therapeutic residential placement, and unexpended funds totalled $32,306.00; that the United States Department of Agriculture (USDA) provides funding through the Virginia Department of Youth and Family Services to enhance the food service program of Crisis Intervention Center (Sanctuary), Youth Haven I, and the Juvenile Detention Home, and unexpended funds totalled $14,436.00; that the Juvenile Detention Home received funds as a result of providing services to children committed to the care of the Department of Youth and Family Services for the month of May 1994, and unexpended funds total $1,166.00; that the Comprehensive Service Act (CSA), a multi-agency council comprised of Roanoke Social Services, Court Services Unit, Community Services Board (Mental Health Services), Roanoke City Health Department, and Roanoke City Schools was established to provide public or private non-residential or residential services for a targeted population of troubled youth and families, and unexpended funds total $20,791.00; that the Fire and Emergency Medical Services Strategic Planning Study was approved by Council, pursuant to Ordinance No. 31909-031494, and a contract was awarded to CenPenn Systems in the amount of $69,960.00, and unexpended funds total $49,324.00; and the Office of Risk Management is responsible for purchasing insurance on properties valued in excess of $100 million and for purchasing general liability, and law enforcement liability insurance, as well as the purchase of medical malpractice insurance for City nurses 558 ACTION: and bonds for City public officials, along with approximately 700 workers' compensation claims and 250 automobile accident claims processed annually, and unexpended funds total $50,000.00 The City Manager recommended that Council appropriate funding from the Year-End Fund Balance to the following accounts: Family Oriented Group Home Account No. 001-054-3360-3160 $ 32,306.00 United States Department of Aqriculture Account No. 001-054-3360-3000 Account No. 001-054-3350-3000 Account No. 001-054-3320-3000 Total 4,487.00 ~4,00 9~ 105.00 14,436.00 Juvenile Detention Home Per Diem Reimbursements Account No. 001-054-3320-2010 1,166.00 Comprehensive Services Act Administration Funding to be appropriated in an account to be established in the Grant Fund $ 20,791.00 Fire and EMS Strateqic Planninq Study Account No. 001-050-1260-2010 49,324.00 Risk Management Account No. 001-002-1262-9015 $ 50,000.00 (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following emergency budget ordinance: (%32164-082294) AN ORDINANCE to amend and reordain certain sections of the 1994-95 General and Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 358.) Mr. Edwards moved the adoption of Ordinance No. 32164-082294. The motion was seconded by Mr. McCadden and adopted by the following vote: 559 AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... O. BUDGET-LEGISLATION-CITY GOVERNMENT-PARTNERSHIP FOR URBAN VIRGINIA-ECONOMIC DEVELOPMENT: The City Manager submitted a wrltten report advising that the Partnership for Urban Virginia is an unprecedented collaboration between Virginia urban localities and the private sector, namely the Virglnia Chamber of Commerce, to promote a better understanding of how the problems that plague Virginia's urban areas are eroding the economic vitality and competitiveness of the State as a whole, and to develop and to gain passage of a highly-specific legislative strategy that will address the problems in a manner that will benefit all areas of the Commonwealth of Virginia; and the Partnership was formed to bring together the talents and resources of urban localities and the business community to develop solutions to the economic, fiscal and social problems facing the Commonwealth's core cities, which problems know no geographical boundaries and are negatively affecting surrounding communities as well. It was further advised that the Partnership will be guided by a Board of Directors comprised of the Mayor, City Manager and business representatives from each of the member urban localities; that the time frame for the work of the Partnership will be approximately 18 months, culminating in the release of an urban legislative agenda which will be presented during the 1996 Virginia General Assembly session; that 12 urban Virginia cities have tentatively agreed to join the Partnership; that staffing for the Partnership will be provided by a project director hired by the Partnership and by the Virginia Center for Urban Development at Virginia Commonwealth University, which was created by the General Assembly for the purpose of enhancing Virginia's urban areas; that funding for the Partnership's target budget of $350,000.00 will be provided by participating localities and the Virginia business community; that the actual amount contributed by each locality toward the Partnership may vary according to the size of the locality and its ability to contribute; that businesses will contribute on a similar basis; and the contribution of Roanoke City has been determined to be $10,000.00. The City Manager recommended that Council endorse the membership of the City of Roanoke in the Partnership for Urban Virginia and appropriate $10,000.00 as the City's contribution toward funding the Partnership's 56O ACTION= efforts, advising that funding is available in the Contingency Reserve, Account No. 001-002-9410-2199, and should be transferred to a separate account to be established by the Director of Finance in the Contributions account category. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: (%32165-082294) AN ORDINANCE to amend and reordain certain sections of the 1994-95 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 360.) Mr. McCadden moved the adoption of Ordinance No. 32165-082294. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... O. BUDGET-PUBLIC WORKS-CMERP-RECYCLING-EQUIPMENT-REFUSE COLLECTION= The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need for additional recycling carts to allow for the continuation of the recycling program, which, when completed, will serve approximately 38,000 residents; whereupon, the City Manager recommended that Council approve the following actions: accept the lowest responsible bid submitted by Zarn, Inc., for recycling carts, for a total cost of $121,794.00; appropriate $121,794.00 from the Capital Maintenance and Equipment Replacement Program to Recycling, Account No. 001-052-4211-9015; and reject all (For full text, Office.) other bids received by the City. see report on file in the City Clerk's 561 ACTION: ACTION: Mr. White offered the following emergency budget ordinance: (#32166-082294) AN ORDINANCE to amend and reordain certain sections of the 1994-95 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 361.) Mr. White moved the adoption of Ordinance No. 32166- 082294. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. Mr. White offered the following resolution: (%32167-082294) A RESOLUTION accepting a bid made to the City for providing curbside recycling carts; and rejecting the other bid made to the City. (For full text of Resolution, see Resolution Book No. 56, page 362.) Mr. White moved the adoption of Resolution No. 32167-082294. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. Mr. Parrott requested a report on the cost per ton for recycling; whereupon, the City Manager advised that he would provide Council with the requested information, along with a more comprehensive report on the City's recycling efforts at an upcoming Council meeting. SEWERS AND STORM DRAINS-WATER RESOURCES: The City Manager submitted a written report in connection with purchasing aluminum chloride to be used in the treatment of waste water for phosphorus removal; whereupon, the City Manager recommended that Council accept the lowest responsible bid submitted by Gulbrandsen Mfg., Inc., for 562 ACTION: the period September 1, 1994 to June 30, 1995, at a cost of $.12 per gallon; and that the other bid received by the City be rejected. (For full text, see report on flle in the City Clerk's Office.) Mrs. Bowles offered the following resolution: (#32168-082294) A RESOLUTION accepting a bid to provide aluminum chloride to the City for the period beginning September I, 1994, and ending June 30, 1995, and rejecting another bid. (For full text of Resolution, see Resolution Book No. 56, page 363.) Mrs. Bowles moved the adoption of Resolution No. 32168-082294. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. APPALACHIAN POWER COMPANY-CONSULTANTS REPORTS-WATER RESOURCES: The City Manager submitted a written report advising that Crowder Construction Co., Charlotte, North Carolina, is the general contractor for Carvins Cove Filter Plant Improvements Phase I, with a total contract amount to date of $13,663,569.28 and 805 consecutive calendar days to complete the project; that electric service is specified in contract documents to be the responsibility of the City of Roanoke; that the service has been provided by Appalachian Power Company (APCO) to the administration/filter building, chemical buildings, and the new low lift pump station by purchase orders administratively approved; and this sole source service is provided only by APCO. It was further advised that electric service from the low lift pump station to the intake structure at the Dam needs to be provided, at a cost of $17,195.00; that the cost for clearing the right-of-way is $3,000.00, for a total cost of $20,195.00; whereupon, the City Manager recommended that he be authorized to issue a purchase order to Appalachian Power Company to provide electric service to the intake structure at Carvins Cove Dam and 563 ACTION: to clear the right-of-way for same according to Appalachian Power Company letters dated August 1, 1994 and August 10, 1994, in the total amount of $20,195.00, with funding available in Account No. 002-056-2178-9026. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency ordinance: (#32169-082294) AN ORDINANCE authorizing the Manager of General Services to issue a purchase order for the installation of electric service and the clearing of right-of-way in connection with the Carvins Cove Filter Plant Improvements - Phase I; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 364.) Mrs. Bowles moved the adoption of Ordinance No. 32169-082294. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. BUDGET-GRANTS-FDETC: The City Manager submitted a written report advising that the City of Roanoke is the grant recipient for Fifth District Employment and Training Consortium funding; that City Council must appropriate funding for all grants and other funds received by the FDETC; and the following is a listing of funds awarded to the FDETC for the 1994-95 fiscal year to date: $231,800.00 for fiscal year 1995 Economic Dislocated Worker Adjustment Act 40% Regional Projects; $25,000.00 from fiscal year 1994 Title III-F program to serve dislocated workers, upon certain terms and conditions; $3,400.00 in allocations from the Cities of Roanoke, Salem, Clifton Forge and Covington, as well as the Counties of Roanoke, Alleghany, Botetourt and Craig to provide a percentage of the agency's administrative cost; 564 $15,245.00 from the 1994-95 budget of the Department of Human Development to assist with costs incurred for the Summer Food Service Program; $5,000.00 from the United States Environmental Protection Agency to be used for the EPA-Youth and Environment Initiative program; $226,552.00 from the Commonwealth of Virginia Department of Social Services for the 1994-95 DSS/JOBS Agreement; $110,411.00 for the Hotel Roanoke Employment Training project; $8,198.00 and $18,380.00 for Operation Bootstrap and Roanoke Valley Youth Conservation Service Corps "Opportunity Knocks"; and $6,770.00 representing a contract between the Fifth District Employment and Training Consortium and the City of Roanoke under which the Administrator of the FDETC will provide advice and serve as consultant on matters regarding CDBG and other U. S. Housing and Urban Development related programs. It was explained that funding for the Fifth District Employment and Training Consortium totals $650,756.00 for the year July 1, 1994 through June 30, 1995, from all confirmed sources listed above. The City Manager recommended that Council appropriate Fifth District Employment and Training Consortium funding totalling $650,756.00, and increase the revenue estimate by $650,756.00 in accounts to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: (#32170-082294) AN ORDINANCE to amend and reordatn certain sections of the 1994-95 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 364.) 565 ACTION: ACTION: Mr. McCadden moved the adoption of Ordinance No. 32170-082294. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... O. DIRECTOR OF FINANCE: BUDGET-DIRECTOR OF FINANCE-AUDITS/FINANCIALREPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of July 1994. (For full text, see financial report on file in the City Clerk's Office.) Mr. White moved that the financial report be received and filed. The motion was seconded by Mr. McCadden and unanimously adopted. BUDGET-SEWERS AND STORM DRAINS-BONDS/BOND ISSUES: The Director of Finance submitted a written report advising that the City's 1994 general obligation bond issue included $15.7 million for Sewage Treatment Plant expansion and other system improvements, which funds are available for appropriation and need to be appropriated to a new account in the Sewage Treatment Fund; and bond funding will be transferred out of the account as construction projects are established and approved by Council. The Director of Finance recommended appropriation of $15.7 million in bond proceeds to a new account to be established by the Director of Finance in the Sewage Treatment Fund. (For full text, Office.) Ms. Wyatt ordinance: see report on file in the City Clerk's offered the following emergency budget (#32171-082294) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Sewage Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 369.) 566 ACTION: ACTION: MS. Wyatt moved the adoption of Ordinance No. 32171- 082294. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. BUDGET-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The Director of Finance submitted a written report advising that the City of Roanoke and Virginia Tech share in the operating expense of the Hotel Roanoke Conference Center Commission (BRCCC); that each entity's share of the 1995 fiscal year's budget totals $276,500.00; that Council appropriated the City's matching share of the operating subsidy to Capital Projects Fund, Account No. 008-002-9653-9003, on May 23, 1994; and for comparative accountability purposes, the funds need to be transferred to the General Fund in order that the City's obligation to HRCCC may be satisfied. The Director of Finance recommended appropriation of $276,500.00 to General Fund, Account No. 001-002-7220- 3755, with funding available in Capital Projects Fund, Account No. 008-002-9653-9003. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (%32172-082294) AN ORDINANCE to amend and reordaln certain sections of the 1994-95 General and Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 370.) Mr. White moved the adoption of Ordinance No. 32172- 082294. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... O. REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. 567 ACTION= INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONZNG: Ordinance No. 32149 rezoning property located at 1814 Hollins Road, N. E., identified as Official Tax Nos. 3111501, 3111502, 3040101, 3040407 - 3040416, inclusive, 3040420, 3040502 3040519, inclusive, and certain vacsted portions of streets and alleys contiguous thereto, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner, having previously been before the Council for its first reading on Monday, August 8, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. McCadden offering the following for its second reading and final adoption: (%32149-082294) AN ORDINANCE to amend Section 36.1- 3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 304 and 311, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 56, page 336.) Mr. McCadden moved the adoption of Ordinance No. 32149-082294. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Me~bers Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: HUMAN DEVELOPMENT-CITY EMPLOYEES-DECEASED PERSONS: Mr. McCadden requested that the City Clerk prepare a communication for the Mayor's signature expressing sympathy to the family of the late Jerry Pullins, an employee in the Social Services Department. PARKS ANDRECREATION-YOUTH: Mr. McCadden requested that the City Manager report to Council with regard to the matter of continuing the City's Midnight Basketball Program year round. 568 ACTION: ACTION: OTHER HEARINGS OF CITIZENS= None. At 11=05 a.m., the Mayor declared the meeting in recess. At 11:35 a.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With respect to the Executive Session Just concluded, Mr. Parrott moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............. 7. NAYS: None ....................................... 0. OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that the term of Willis M. Anderson as a Commissioner of the Roanoke Redevelopment and Housing Authority Board of Commissioners will expire on August 31, 1994, and called for nominations to fill the vacancy. Mrs. Bowles placed in nomination the name of Willis M. Anderson. There being no further nominations, Mr. Anderson was reelected as a Commissioner of the Roanoke Redevelopment and Housing Authority Board of Commissioners, for a term of four years, ending August 31, 1998, by the following vote: FOR MR. ANDERSON: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ...... 7. OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that there is a vacancy on the Roanoke Redevelopment and Housing Authority, created by the resignation of H. B. Ewert, for a term ending August 31, 1995, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of James O. Trout. 569 ACTION= There being no further nominations, Mr. Trout was elected as a Commissioner of the Roanoke Redevelopment and Housing Authority Board of Comnlissioners, to fill the unexpired ter~ of H. B. Ewert, resigned, ending August 31, 1995, by the following vote: FOR MR. TROUT= Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ...... 7. OATHS OF OFFICE-COMMITTEES-WAR MEMORIAL: The Mayor advised that there is a vacancy on the War Memorial Committee, created by the resignation of Thomas R. P1ymale, for a term ending June 30, 1995, and called for nominations to fill the vacancy. Mrs. Bowles placed in nomination the name of Daniel E. Karnes. There being no further nominations, Mr. Karnes was elected as a member of the War Memorial Committee, for a term ending June 30, 1995, by the following vote: ACTION= FOR MR. KARNES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ...... 7. There being no further business, the Mayor declared the meeting adjourned at 11:40 a.m. A EST.' Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 570 REGUI2%R WEEKLY SESSION ...... ROANOKE CITY COUNCIL September 12, 1994 10:00 a.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, September 12, 1994, at 10:00 a.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reqular Meetinqst of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Llnda F. Wyatt, Elizabeth T. Bowles, John S. Edwards, Delwi$ O. McCadden, John H. Parrott, William White, Sr., and Mayor David A. Bowers ............................ 7. ABSENT: None ............................................... 0. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PROCLAMATIONS-ACTS OF ACKNOWLEDGEMENT-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor presented a Proclamation declaring Friday, September 16, 1994, Roanoke Neighborhood Partnership Appreciation Day, and presented a ceremonial copy to Charles W. Hancock, outgoing President. (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 Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called attention to two requests for an Executive Session to discuss a matter with regard to disposition of publicly 571 ACTION: ACTION: held property or use of publicly held property for a public purpose, specifically the request of a non-profit organization to acquire or use public property; and to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council. MINUTES: Minutes of the regular meetings of Council held on Monday, May 2, 1994; a meeting of the City Council Personnel Committee held on Thursday, May 5, 1994; and the regular meetings of Council held on Monday, May 9, 1994, Monday, May 16, 1994, and Monday, May 23, 1994, were before the body. (For full text, see minutes on file in the City Clerk's Office.) Mrs. Bowles moved that the reading of the minutes be dispensed with and that the minutes be approved as recorded. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers .............. 7. NAYS: None ....................................... 0. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed byCouncil, pursuant to Section 2.1- 344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers .............. 7. NAYS: None ....................................... 0. 572 ACTION: ACTION: COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss a matter with regard to disposition of publicly held property or use of publicly held property for a public purpose, specifically the request of a non-profit organization to acquire or use public property, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss a matter with regard to disposition of publicly held property or use of publicly held property for a public purpose, specifically the request of a non-profit organization to acquire or use public property, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers .............. 7. NAYS: None ....................................... 0. OATHS OF OFFICE-COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: A report of qualification of James G. Harvey, II, as a Commissioner of the Hotel Roanoke Conference Center Commission, for a term ending April 12, 1998, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers .............. 7. NAYS: None ....................................... 0. OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: A report of qualification of James O. Trout to fill the unexpired term of H. B. Ewert, resigned, ending August 31, 1995, and Willis M. Anderson for a term of four years ending August 31, 1998, as members of the City 573 ACTION: ACTION: of Roanoke Redevelopment and Rousing Authority Board of Commissioners, was before Council. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers .............. 7. NAYS: None ....................................... 0. OATHS OF OFFICE-COMMITTEES-YOUTH: A report of qualification of James C. Stephens as a member of the Youth Services Citizen Board, for a term ending May 31, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers .............. 7. NAYS: None ....................................... 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: PARKS AND RECREATION-YOUTH-INDOOR ATHLETIC FIELD HOUSE-SCHOOLS: A communication from Vice-Mayor John S. Edwards with regard to a proposal that the City acquire and operate an indoor athletic field house for sporting events, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Edwards moved that consideration of the matter be deferred until the 7:00 p.m. session of Council. The motion was seconded by Mrs. Bowles. 574 Upon question by Mr. McCadden, the Director of Finance advlsed that $100,000.00 is included in the Five- Year Capital Improvements Program for a study with regard to Victory Stadium/Field House. He stated that the study is proposed to be funded from interest earnings and will be available for appropriation upon direction by Council; whereupon, in view of the explanation by the Director of Finance, Mr. McCadden inquired as to the necessity to discuss the matter inasmuch as Council has previously referred the item to the City Manager for study and report. Vice-Mayor Edwards advised that a number of citizens would like to address Council at the 7:00 p.m. session who were unable to attend the 10:00 a.m. session of Council. He stated that the purpose of his request is to refer the matter to the City Manager for further study, and called attention to a study which was completed by the steering committee that covered a period of several months, and it is felt that it is now time to move the matter on to the next level. Mrs. Bowles advised that as a courtesy to the Vice- Mayor, she would honor his request to discuss the matter at the 7:00 p.m. session of Council; however, she expressed concern with that portion of his request that the City Manager be instructed to submit his report to Council within 90 days. Mr. Parrott advised that he did not see any reason to discuss the matter because $100,000.00 has previously been allocated by Council for a study relative to Victory Stadium/Field House, and the matter is too important to restrict the City Manager to a period of 90 days in which to complete the study. He called attention to the City's established procedure regarding capital items, and advised that each Member of Council has certain projects that they would like to place on the fast track for implementation. Ms. Wyatt clarified that Vice-Mayor Edwards' request is to delay discussion of the matter until the 7:00 p.m. session of City Council, thereby allowing citizens an opportunity to speak to the issue. She stated that Council should always allow citizens to have input, therefore, she supported Mr. Edwards' request to delay discussion until the 7:00 p.m. session of Council. Mr. White also agreed that Council should hear citizen input at the 7:00 p.m. session. However, he pointed out that Council previously allocated the sum of $i00,000.00 in a budget line item for a study of Victory 575 ACTION: Stadium/Field House, and the Council 90 day time restriction on the completion of the study. should not impose a City Manager for Mr. McCadden pointed out the because Council has approved $100,000.00 for the Victory Stadium/Field Mouse study, the appropriate time for citizen input will be after completion of the study by the City Manager. Mr. Edwards' motion, seconded by Mrs. Bowles, to delay discussion of the matter until the 7:00 p.m. session of City Council was adopted, Council Members McCadden and Parrott voting no. TAXES-COMMISSIONER OF REVENUE-LEGISLATION-SPECIAL PERMITS: A communication from Sara B. Winn, Attorney, representing the House of Care of Southwest Virginia, Inc., transmitting a petition requesting adoption of a resolution in support of the organization's request for exemption from taxation of certain property, pursuant to Article 4, Section 6 (a) (6) of the Constitution of Virginia, was before Council. It was explained that the petitioner desires to be an organization designated by a section within Article 4, Section 58.1-360 et seq. of the Code of Virginia (1950), as amended, in order that personal property housed in real property located on the east side of Jefferson Street northeast of its intersection with Twenty-Second Street and used exclusively for charitable and benevolent purposes in responding to the needs of ill children and adults and their families, be exempt from taxation under the provisions of Article 4, Section 6 (a) (6) of the Constitution of Virginia so long as the facility is operated not for profit and the property so exempted is used in accordance with the purpose for which the facility is classified. (For full text, see communication and supporting documentation on file in the City Clerk's Office.) Mr. White moved that the matter be referred to the City Manager for study, report and recommendation to Council. The motion was seconded by Mr. Parrott and unanimously adopted. BUDGET-COMMONWEALTH,S ATTORNEY-CITY EMPLOYEES- GRANTS-EQUIPMENT: A communication from the Commonwealth's Attorney advising that his 1994-95 budget request did not include additional personnel requests or furniture/equipment; that the Commonwealth's Attorney's 1994-95 budget as approved by the State Compensation 576 Board included three new positions; i.e., one Assistant Attorney I at an annual salary of $38,136.00, two Administrative Secretaries at an annual salary of $19,554.00 each, and $8,819.00 for office equipment; and the Commonwealth Attorney's 1994-95 budget as approved by Council did not provide funding for the three positions or office equipment expenses. The Commonwealth's Attorney recommended that Council authorize acceptance of office equipment funding, as well as an additional Assistant Attorney I position and two Administrative Secretary positions; and appropriate Compensation Board approved funds, in the amount of $80,356.00, and transfer $13,273.00 from the General Fund Contingency, Account No. 001-002-9410-2199, to the following accounts in the Commonwealth's Attorney's budget: Salaries $65,197.00 FICA 4,986,00 Retirement 8,437.00 Life Insurance 395.00 Medical 5,550.00 Dental 245.00 Furniture & Equipment 8,819.00 It was further recommended that the revenue estimate for shared expenses be increased in Commonwealth's Attorney Account No. 001-020-1234-0610, in the amount of $80,356.00. A report of the City Manager concurring in the recommendation, was also before Council. (For full text, see communication and report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#32173-091294) AN ORDINANCE to amend and reordain certain sections of the 1994-95 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 373.) 577 ACTION: ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32173-091294. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers .............. 7. NAYS: None ....................................... 0. BONDS/BOND ISSUES-SCHOOLS: A communication from the Roanoke City School Board requesting approval of a resolution authorizing the appropriate City officials to make application to the Virginia Public School Authority for financing under the Authority's 1994 Interest Rate Subsidy Program, with the proceeds of the bond issue to be used in lieu of Literary Fund loans approved by the State for Virginia Heights and Morningside Elementary Schools, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White offered the following resolution: (#32174-091294) A RESOLUTION authorizing the appropriate City officials to make application to the Virginia Public School Authority for financing under the Authority's 1994 Interest Rate Subsidy. (For full text of Resolution, see Resolution Book No. 56, page 375.) Mr. White moved the adoption of Resolution No. 32174-091294. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers .............. 7. NAYS: None ....................................... 0. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: 578 TOTAL ACTION AGAINST POVERTY-S.W. VA. COMMUNITY DEVELOPMENT FUND-GP~NTS-ECONOMIC DEVELOPMENT= The City Manager submitted a written report advising that as a part of the Community Development Block Grant (CDBG) application, approved by Council on May 9, 1994, and pursuant to Resolution No. 31977-050994, Council authorized grants for the following programs/agencies: Micro-Business Revolving Loan Fund - Southwest Virginia Community Development Fund; and Entrepreneurial Loan Fund - implementing agency to be determined. It was further advised that the City received approval from the U. S. Department of Housing and Urban Development of the CDBG application by letter dated June 10, 1994; and Council authorized acceptance of the 1994-95 Entitlement and Appropriation of Funds for CDBG activities on June 27, 1994, pursuant to Ordinance No. 32072-062794. It was explained that in addition to being responsible for implementation of the Micro-Business Revolving Loan Fund, the Southwest Virginia Community Development Fund will serve as the implementing agency for the Entrepreneurial Revolving Loan Fund; that proposed programs will provide loans to micro and entrepreneurial businesses at low interest rates; that an administrative agreement is needed between the City and the Southwest Virginia Community Development Fund to enable the funds to be obligated to both programs; i.e.: Micro-Business Revolving Loan Fund $30,000.00, and Entrepreneurial Revolving Loan fund - $20,000.00; and the scope of services of the two programs is as follows: Micro-Business Revolvinq Loan Fund - Loans will be provided to micro-businesses at low interest rates in amounts of $10,000.00 or less. The target area for the loan fund will be northwest Roanoke, downtown and the Urban Enterprise Zone. Applicants will be required to invest a minimum of one-third of the capital required for the proposed business project. The program should result in the creation/retention of 12 Jobs, with eight jobs for low and moderate income persons. Entrepreneurial Revolvinq Loan Fund Loans will be provided to graduates of the Total Action Against Poverty Entrepreneurial Training Program at low interest rates in I 579 tl ACTION: amounts of $3,000.00 or less. The purpose of the loan fund is to offer an opportunity for underemployed or unemployed low income persons to reach economic self-sufficiency by providing access to capital and exposure to business. The Program should result in the creation of six jobs for low and moderate income persons. It was advised that the agreements will not be executed on behalf of the City without the certification of the Director of Finance that funding is available, and no funding will be expended under the contract until the contract is fully executed by all parties. The City Manager recommended that he be authorized to execute an agreement with the Southwest Virginia Community Development Fund for the Micro-Business Revolving Loan Fund and the Entrepreneurial Revolving Loan Fund. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: (#32175-091294) A RESOLUTION authorizing an agreement with the Southwest Virginia Community Development Fund for administration of the Micro-Business Revolving Loan Funds and the Entrepreneurial Revolving Loan Fund. (For full text of Resolution, see Resolution Book No. 56, page 376.) Mr. McCadden moved the adoption of Resolution No. 32175-091294. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers .............. 7. NAYS: None ....................................... 0. SEWERS AND STORM DRAINS-CONSULTANTS REPORTS-WATER RESOURCES: The City Manager submitted a written report with regard to Carvins Cove Filter Plant Improvement, Phase II, advising that a unit price contract for Contract B-2 was awarded to Aaron J. Conner, General Contractor, Inc., on June 28, 1993, pursuant to Ordinance No. 31560-062893, in the amount of $2,473,685.40, with a contingency of $247,368.54; and Contract B-2 provides for 580 construction of a 24-tnch waterline from Hollins Road near Utility Line Services to the Trash Transfer Station, a 24-inch line in Pocahontas Avenue from Hollins Road to Williamson Road, a 12-inch line in Orange Avenue from Courtland Avenue to Washington Park and a 12-inch line in Jefferson Street and Wells Avenue near the Hotel Roanoke. It was explained that 1,920 lineal feet of 12-inch water line has been recommended by City staff for elimination from the project; that the work was to be constructed in Orange Avenue from Courtland Avenue to Washington Park at a unit price of $72.05 per lineal foot; that recent water line work near the Hotel Roanoke eliminates the need for the Orange Avenue interconnect; that poor roadway construction was discovered during the installation of the 24-inch waterline on Pocahontas Avenue between Williamson Road and Plantation Road which was void of any base material; and while the area to be patched will be installed properly, the remainder of the road will continue to experience severe deformation and failure. The City Manager recommended that he be authorized to execute Change Order No. 1 to the contract with Aaron J. Conner, General Contractor, Inc., in a form to be approved by the City Attorney, providing for deletion of 1,920 lineal feet of 12-inch waterline along Orange Avenue ($138,336.00), and to provide for the reconstruction of affected portions of Pocahontas Avenue between Williamson Road and Plantation Road ($21,000.00), at a net reduction from the original contract of $117,336.00, for a revised contract amount of $2,356,349.40 and a project contingency of $364,704.54. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency ordinance: (#32176-091294) AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Aaron J. Conner, General Contractor, Inc., in connection with Carvins Cove Filter Plant Improvements - Phase II, Contract B-2; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 376.) 581 ACTION: ACTION: Mr. McCadden moved the adoption of Ordinance NO. 32176-091294. The motion was seconded byMrs. Bowles and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers .............. 7. NAYS: None ....................................... 0. CITY PROPERTY-ELECTRIC RAILWAY CO., INC.-LEASES: The City Manager submitted a written report advising that a lease for public safety storage space has been in effect for several years; that a change in the parties to the lease has taken place and has necessitated its re- negotiation in accordance with a communication from Electric Railway Co., Inc.; and the current lease will expire on September 30, 1994, and a new lease needs to be in place as soon as possible. It was further advised that the new lease, with an initial one-year term of October 1, 1994 through September 30, 1995, to be automatically extended on a year-to-year basis, with provision for termination by elther party with 30 days written notice and a lease fee of $18,000.00 per year, which equates to approximately $.75 per square foot per year, has been agreed to; and the City, which is the lessee, is obligated under the terms of the lease to hold the lessor, Electric Railway Co., Inc., and its associated or affiliated corporations, harmless from any and all liability for loss or damage to the property of the lessee and any other property stored on the lessor's property by the lessee, or any injury or loss of life incurred by them or any other person or persons using the property under the terms of the lease. The City Manager recommended that he be authorized to execute a one-year lease of property located predominantly on Official Tax No. 4030305, with a small portion located on Official Tax No. 4030306, with Electric Railway Co., Inc., with provision for automatic extension of the lease term on a year-to-year basis, including the right to cancel the lease by either party subject to 60 days written notice, for an annual lease fee of $18,000.00, payable in advance, said lease to be in a form to be 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: 582 (#32177) AN ORDINANCE authorizing and directing the proper City officials to enter into a lease between the City of Roanoke and Electric Railway Co., Inc., for use by the City of Roanoke of certain premises located in the City, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 56, page 391.) The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers .............. 7. NAYS: None ....................................... 0. TRAFFIC-STATE HIGHWAYS-GRANTS-STREETS AND ALLEYS- CIVIC CENTER: The City Manager submitted a written report advising that the Intermodal Surface Transportation Efficiency Act (ISTEA) which was signed into Federal law in December 1991, requires State departments for transportation to set aside a minimum of ten per cent of the Surface Transportation Program (STP) allocation each year to be used for "hazard elimination" and rail/highway grade crossings"; that funding for the safety projects is 90 per cent Federal and ten per cent local; that regular urban highway allocations may be used to provide 98 per cent of the ten per cent local matching funds, with the locality providing the other two per cent, which effectively means that the locality needs to provide 0.2 per cent in local funding; and the Virginia Department of Transportation (VDOT) provided application forms to all localities in August 1994, with applications for new safety projects to be submitted to VDOT by September 23, 1994, and notification of VDOT's approval or disapproval is expected by the spring of 1995. It was further advised that application for safety improvements is desired in association with traffic that turns from eastbound Orange Avenue onto southbound Williamson Road; that the proposal is to widen the approach in order to create an additional lane on eastbound Orange Avenue to be used exclusively for right turns; that the addition of the lane will benefit the Civic Center during major events as well as the public in general on a day-to-day basis; that it would also be possible with the provision of the additional lane to temporarily operate right-turn traffic from eastbound Orange Avenue onto southbound Williamson Road as a two- lane turning movement during peak events, which could be accomplished through use of traffic cones and assistance 583 ACTION: by field personnel on the scene, and in effect, the existing eastbound curb lane as well as the proposed additional turning lane would serve as two lane access to the Civic Center, which would have the advantage of providing additional capacity for traffic entering the Civic Center, as well as providing additional backup storage, thereby reducing the potential for traffic to backup on Interstate 581. It was explained that project cost is preliminarily estimated at $500,000.00; that Virginia Department of Transportation application requires execution by an individual with authority to expend ten per cent matching funds, therefore, authorization is needed for the City Manager to execute the application; and it should be noted that while the ten per cent matching fund equates to $50,000.00, it is anticipated that Roanoke's urban highway allocation from VDOT would be used to provide 98 per cent, or $49,000.00 of this share, with the City to be responsible for the remaining two per cent, or $1,000.00. The City Manager recommended that he be authorized to execute a project application to improve traffic safety on eastbound Orange Avenue. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following resolution: (#32178-091294) A RESOLUTION authorizing the execution and filing of an application with the Virginia Department of Transportation (VDOT) seeking funds to improve traffic safety on eastbound Orange Avenue by the addition of a turn lane onto southbound Williamson Road. (For full text of Resolution, see Resolution Book No. 56, page 378.) Mr. Edwards moved the adoption of 32178-091294. The motion was seconded and adopted by the following vote: Resolution No. by Mr. McCadden AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers .............. 7. NAYS: None ....................................... 0. 584 DIRECTOR OF FINANCE: POLICE DEPARTMENT-CITY CODE-FIRE DEPARTMENT-CITY EMPLOYEES-PENSIONS: The Director of Finance submitted a written report with regard to proposed amendments to Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended, advising that City Pension Plan staff has made numerous changes and improvements to the administration of the Retirement System over the past four years; and certain of the modifications have been mandated by changes in State or Federal laws, while other changes have been implemented for the plan to function as an efficient system for retirees, active employees, and the City. It was explained that certain of the proposed amendments require changes in two or more articles and in some articles, changes occur in two or more sections; and Exhibit I to the report summarizes the proposed amendments that are similar to each section. The Director of Finance recommended adoption of an ordinance authorizing the proposed amendments. (For full text, see report and attachment described as Exhibit I on file in the City Clerk's Office.) Mr. Parrott offered the following emergency ordinance: (#32179-091294) AN ORDINANCE amending and reordaining $22.1-2, Definitions, subsection (b) of S22.1-3, Membership generally, subsection (a) of S22.1-5, Employer contribution~, $22.1-7, Riqhts~ benefits and plan money not subject to assignment, execution~ garnishment, etc~, $22.1-15, Right to acurued benefits upon termination of city plan, subsection (b) of $22.1- 22, Board's records and reports, $22.1-26, Written application for retirement benefits, $22.1-28, Designation and duties of medical examiners, $22.1-29, Periodic medical examination of beneficiaries retired on account of disability, subsection (a) of $22.1-30, Modification of disability retirement allowance.s, $22.1- 39, Definitions, $22.1-42, Retirement age, 922.1-43, Service credit, subsections (b) and (d) of $22.1-44, Normal service retirement, subsections (a) and (c) of $22.1-45, Early service retirement allowance, $22.1-47, Nonoccupational disability retirement allowance, $22.1- 48, Occupational disability retirement allowance, $22.1- 49, Optional spousal allowance, subsection (c) of $22.1- 52, Lump sum~, S22.1-55, Definitions, $22.1-58, Retire~ent age, ~22.1~59, Service credit, subsections (a) 585 Ii ACTION: and (b) of 522.1-62, Retirement and service retirement allowance generally, subsection (a) of 522.1-63, Early service retirement allowance, subsection (a) of 522.1-65, Nonoccupational disability retirement allowance, 522.1- 66, Occupational disability retirement allowance, 522.1- 67, Optional or modified retirement allowance, 522.1-68, Pensions to spouses or retired members or members eliqible to retire, and subsection (c) of 522.1-71, Lum~ sums, all from Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended; to amend the definitions of "average final compensation", "earnable compensation", "employee", "medical examiner", and "pension"; to establish the date on and after which all employees must become members of the Employees' Supplemental Retirement System; to delete references to employee contributions; to provide that retirement benefits shall be subject to certain court orders relating to support; to amend the duties and responsibilities of the Board of Trustees; to provide for procedures and time limits for filing of applications for retirement and review of same; to establish procedures and time limits for medical examination of applicants and recipients of disability retirement; to provide for the calculation of membership service credit; to delete references to mandatory retirement age; to provide that certain retirements shall be effective on the first day of a calendar month; to amend the rules applicable to spousal allowances; and to provide for lump sum payout of certain benefits; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 378.) Mr. Parrott moved the adoption of Ordinance No. 32179-091294. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers .............. 7. NAYS: None ....................................... 0. REPORTS OF COMMITTEES: CITY JAIL: A request of Council Member William White, Sr., Chairperson of the Bid Co~mittee, to withdraw a report of the Committee, with regard to bids received by the City for construction of the Roanoke City Jail Annex, was before Council. Upon unanimous consensus of Council, the report was withdrawn. 586 ACTION: ACTION: 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. OATHS OF OFFICE-DIRECTOR OF FINANCE-CITY CLERK-CITY ATTORNEY-MUNICIPAL AUDITOR: A communication from the City Clerk advising of expiration of the two year terms of Mary F. Parker, City Clerk; James D. Grisso, Director of Finance; Robert H. Bird, Municipal Auditor; and Wilburn C. Dibling, Jr., City Attorney, on September 30, 1994, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White placed in nomination the names of Mary F. Parker as City Clerk; James D. Grisso as Director of Finance; Robert H. Bird as Municipal Auditor; and Wilburn C. Dlbling, Jr., as City Attorney. There being no further nominations, Ms. Parker and Messrs. Grisso, Bird, and Dibling were reelected as City Clerk, Director of Finance, Municipal Auditor and City Attorney, respectively, for terms of two years each, ending September 30, 1996, by the following vote: FOR MS. PARKER AND MESSRS. GRISSO, BIRD AND DIBLING: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ........................ 7. OTHER HEARINGS OF CITIZENS: None. At 10:55 a.m., the Mayor declared the meeting in recess. At 11:45 a.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member McCadden, who left the meeting during the Executive Session. COUNCIL: with respect to the Executive Session just concluded, Ms. Wyatt moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of 587 ACTION: ACTION: Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, Parrott, White and Mayor Bowers ........................ 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that there is a vacancy on the Board of Commissioners of the City of Roanoke Redevelopment and Housing Authority, created by the expiration of the term of Jack Loeb, ending August 31, 1998, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of M. Wendy O'Neil. There being no further nominations, Ms. O'Neil was elected as a member of the Board of Commissioners of the City of Roanoke Redevelopment and Housing Authority, for a term ending August 31, 1998, by the following vote: FOR MS. O'NEIL: Council Members Wyatt, Bowles, Edwards, Parrott, White and Mayor Bowers ............... 6. (Council Member McCadden was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that there is a vacancy on the Roanoke Arts Commission, created by the ineligibility of Timothy L. Jamieson to serve another term due to the three consecutive term limitation, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Ernest Zulia. There being no further nominations, Mr. Zulia was elected as a member of the Roanoke Arts Commission for a term ending June 30, 1997, by the following vote: FOR MR. ZULIA: Council Members Wyatt, Bowles, Edwards, Parrott, White and Mayor Bowers .............. 6. (Council Member McCadden was absent.) 588 ACTION: Inasmuch as Mr. Zulia is not a resident of the City of Roanoke, Ms. Wyatt moved that the City residency requirement for persons serving on authorities, boards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Mr. Parrott and adopted. At 11:50 a.m., the Mayor declared the meeting in recess. At 7:00 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Bowles. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PUBLIC HEARINGS STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, September 12, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Douglas Basham that a 15 foot wide public alley lying between Official Tax Nos. 1551132 and 1551104, extending approximately 160 feet in a southeasterly direction from Lofton Road, S. W., be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, August 26, 1994, and Friday, September 2, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the applicant owns property located at 2452 Lofton Road, S. W., abutting the easterly side of the section of alley requested for closure, and the applicant has stated that his purpose in requesting the alley closure is as follows: 589 to preserve the existing peace and privacy of his property, as well as that of his immediate and adjacent neighbor; to avoid any future nuisance and noise of traffic passing along the yard and side entrance to his residence; and to preserve and maintain the area in the alley right-of-way as he has done for the past seven years, without complaint, as an adjunct to his and his neighbor's properties. The Planning Commission recommended that Council approve the request for closure, thereby vacating such interests as the City may have, if any, in said alley, subject to the following conditions: The applicant shall submit to the City, for review and approval, and recordation in the Office of the Roanoke City Circuit Court, a subdivision plat, providing for the following: disposition of the land within the right-of-way to be vacated, in a manner consistent with requirements of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended; and retention of appropriate easements, together with the right of public passage over same, for surface and subsurface installation and maintenance of any and all existing utilities that may be located within the alley right-of-way. If a plat of subdivision is not approved by the City and recorded by the applicant within a period of 12 months from the date of adoption of the ordinance providing for the closure of the subject right-of-way, said ordinance shall be null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) 590 ACTION: Mr. White moved that the following ordinance placed upon its first reading: "AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. The motion was seconded by Ms. Wyatt. be Edward R. Tucker, City Planner, advised that the area which is the subject of the application extends from Lofton Road approximately 160 feet between properties described as 2452 and 2454 Lofton Road, S. W. He pointed out that the subdivision plat specifically notes that the alley system as shown ls not dedicated for public use, and the City has not acted to open this section of alley for public use or for the use of any abutting property owner since its original platting 70 years ago. He stated that currently the section of alley requested for closure is a grassy lawn, with a curb cut at the entrance to the alley which appears to have been installed at the time that the subdivision was initially put in. Me explained that the remaining larger section of the alley coming in from Livingston Road and the other section coming in from Lofton Road and running parallel to the back of the lots is undeveloped and has a number of encroachments such as large trees, garages, fences, and small buildings which render the alley unusable and economically unfeasible to develop. He noted that some portions of the larger alley system have been used by individual property owners as personal driveways and one section has been used for many years as a garden plot. He added that the land within the alley system has, over a long period of time, taken on the appearance and character of adjacent residential uses, and the applicant is requesting that the alley be closed and vacated to insure that it will not be physically opened by the City for future public use. He noted that the property owner at 2453 Livingston Road has expressed a desire to keep the alley open in order to provide access to the rear of the property, and property owners at 2467 and 2449 Livingston Road would like for the City to maintain the alley in its current status in order to preserve access to the rear of their properties if necessary. He stated that the City Planning Commission has not found evidence that the City has made any attempt to develop or use this section of the alley system since it was originally platted 70 years ago, and currently, the City has no present or future plans to use this section of alley for public use. In view of the fact that the alley system 591 has not been dedicated to the City and the City has not developed or utilized the alley section for public use, he stated that it is the conclusion of staff that the City has no title or vested interest in the subject section of alley, therefore, the City Planning Commission has recommended that Council approve the applicant's request to close and vacate the abovedescribed section of alley, thereby vacating such interest the City may have, if any, in the alley, subject to the standard condition that the applicant will record a subdivision plat within a specified period of time. He added that if Council acts to close and thereby vacate any interest of the City, this in itself will not convey title to the alley to the applicant or to any other property owner, nor will it result in the alley being physically closed or barricaded in any manner that would deny any abutting property owner access thereto, however, such action will divest the City of any interest in such alley section. The City Attorney advised that the City's interest in the alley is doubtful, that what is occurring is more in the nature of a quitclaim deed, and the City makes no warranties or representations as to what will happen to title to the land when and if Council votes to close the alley. He added that because the alley has appeared on City maps for 70 years as a City alley, some persons may take the position that the City has some interest in the alley, and if Council votes to close the alley, any interest of the City will be waived or terminated in land that is labeled as an alley on a 1924 subdivision plat. He advised that the City is not making any representations as to the status of the title after closure, and it will be the petitioner's responsibility to consult with legal counsel as to appropriate action if Council acts to close said alley. Mr. Basham, the petitioner, advised that his purpose in requesting the alley closure is to preserve the existing peace and privacy of his property, to avoid future nuisance and noise of vehicular traffic, and to preserve and maintain the area in the alley right-of-way. Ms. Kathy L. Hutchinson, 2453 Livingston Road, S. W., advised that it is appreciated that Mr. Basham has maintained the area in question for the past seven years, however, she stated that she purchased her home with knowledge of the existing alley, and it is felt that the value of her property will decrease if the alley is closed. She called attention to the ongoing need to use the alley for vehicular parking in her backyard, as well as access to the rear of her property for necessary repairs, tree removal, etc. She advised that rear access 592 ACTION: to her home helped to justify the price of the property and is a part of ongoing plans for improvements. She presented signed affidavits from Betty L. Staples, 2506 Livingston Road, $. W., T. E. Goad, 2463 Livingston Road, S. W., Gary W. and Kathy L. Hutchinson, 2453 Livingston Avenue, S. W., Marion J. and Leah Thacker, 2467 Livingston Road, S. W., Andrew S. Harrier, 2449 Livingston Road, S. W., and Johnny L. and Camilla B. Cabiness, 2459 Livingston Road, S. W., in opposition to the request for closure. Mr. Andrew S. Hamer, 2449 Livingston Road, S. W., inquired if access could be limited to present property owners, however, upon sale of the property, deed restrictions could deny access to future property owners. He advised that he purchased his property with the knowledge that he had rear access to his property from the alley. He called attention to the need for rear access to address necessary roof and structural repairs, to remove damaged trees, to provide Fire Department access if necessary, and to provide future parking. Inasmuch as there were numerous neighborhood concerns in regard to access to the rear of properties, the Mayor suggested that the matter be referred to the City Manager and the City Attorney for the purpose of meeting with the petitioner and effected property owners to resolve the matter. Mr. White advised that the request was approved by a 3 - 2 vote of the City Planning Commission, with two members absent, and offered a substitute motion that the matter be referred back to the City Planning Commission for the purpose of meeting with the petitioner and effected property owners to address issues of concern, with further report and recommendation to Council. The substitute motion was seconded by Mr. Parrott and adopted. ELECTIONS-COUNCIL-LEGISLATION: Pursuant to instructions by Council, the City Clerk having advertised a public hearing for Monday, September 12, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, to determine if citizens of the City of Roanoke desire Council to request the General Assembly of Virginia to modify the manner in which the members of City Council are elected, specifically whether all or some members of City Council should be elected from election districts, the matter was before the body. 593 Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, September 2, 1994. (See publisher's affidavit on file in the City Clerk's Office.) The City Attorney reviewed the contents of his previous report to Council under date of August 8, 1994. (For full text, see report on file in the City Clerk's Office.) Ora Belle McColman, 2123 Tenth Street, N. W., spoke in support of maintaining the present system for electing City Council Members. She stated that she has enjoyed a good working relationship with the Members of Council and she would prefer to work with each Member of Council individually as she has done in the past with good results. Mary F. Brooks, 2541 Beverly Boulevard, S. W., advised that it would seem that there would be a gap that could not be filled by dividing citizens into small factions, but instead a method should be found to interest citizens and to help them understand how they can empower themselves. She stated that she has no difficulty in dealing with the City because she perseveres whenever something needs attention; however, she suggested that the City consider the placement of printed information in certain public places instructing citizens where to call with various concerns, because citizens feel divorced from City government, and it is this feeling of divorce that citizens are trying to address and not the fact that Council is not doing a good job. She voiced her opposition to the modified ward system for electing City Council Members. Bayard E. Harris, 4455 Royal Oak Drive, S. W., advised that there are those who would speak in favor of a ward system who speak of democracy without the law, however, democracy is nothing without the law, and it is in the context of the law that the City Attorney's opinion bolsters and protects the views of the two preceding speakers. He stated that Roanoke's system today does not violate the law; and if the City were sued, it would win because it has recognized in practice the rights of all voters in all segments of all constituencies in all possible tests. He suggested that those who argue for a ward system belittle the contribution of many members of Roanoke City Council, both currently sitting members of the City Council, as 594 well as previous Mayors who are among the most distinguished of the contributors to Roanoke's system. Secondly, he advised that if the City proceeds to make a change, the Department of Justice will be involved which is the law and pointed out that once done, it is a matter that cannot be redone, and cautioned Council to pay close attention because connecting itself to this course of election through wards is not something from which the City may legally regress. He stated that the legal fees alone would suggest a strong reason not to invite the Department of Justice to Roanoke. In summary, he advised that a ward system is not needed in the City of Roanoke. Gary M. Waldo, 3051N. Ordway Drive, N. W., advised that he did not understand why many minority members of the community and many citizens of southeast Roanoke who had originally intended to be present, were not in attendance for the public hearing~ however, he stated that there are substantial numbers of people who are indeed in favor of a modified ward system, and if there are doubts, the matter could be voted on in a referendum which would be a way of determining if citizens favor a modified ward system and it would provide a democratic and appropriate way to reach a consensus. He stated that it is important to note that the legality of the present system should not be confused with an assumption of illegality of a modified ward system, that there is no connection between the legality of the present system and any notion of illegality of another system, and nothing suggests that a modified ward system is illegal because a number of localities in Virginia have operated under a modified ward system for years, nor should the length of time to implement the system be used as an argument for the difficulties of the procedure against the merits of the proposal. He stated that some Members of Council have assumed that a modified ward system would decrease the percentage of minority representation on City Council, but scholarly literature indicates that a modified ward system tends to increase rather than decrease minority representation, and the American Civil Liberties Union has strongly asserted itself and taken court action in support of modified ward systems or ward systems as better guarantors of minority representation than at-large systems. He explained that a modified ward system, if properly drawn, will almost guarantee African- American representation on City Council, and one or more of the remaining two or three at-large seats could be filled by a minority person as has clearly occurred in the past. He advised that a modified ward system is the only form of local government that assures geographical representation to all citizens, that the present at-large system has tended to produce either under-representation 595 or no representation for the citizens of southeast Roanoke, and the only way to insure that all segments or guadrants of the City are represented is to have a ward system. He pointed out that a modified ward system would enable a citizen of limited means to run for City Council with a minimum of financial expenditures rather than face the expensive cost of running a City-wide campaign. In summary, he stated that the only system which insures protection for minority representation, geographical representation, and representation by citizens of limited means is a modified ward system or a complete ward system, and the only true democratic form of municipal government is the ward or modified ward plan. H. Joel Kelly, 3038 Melrose Avenue, N. W., Apt. No. 927, spoke in opposition to the modified ward system and advised that he was addressing Council in his capacity as an advocate of disabled persons. He encouraged those citizens who are interested in adopting a modified ward system to read the report of the task force that was assigned with the responsibility of studying alternative forms of government. He stated that presently, as a citizen of the City of Roanoke, he has a voice in what happens in City government, and expressed concern on behalf of many citizens who would be unable to speak for themselves under a modified ward system. Mr. Martin D. Jeffrey, 2901 Bradley Street, N. E., advised that he was uncertain as to where he stands on the issue, however, more complete and fair discussion should take place. He added that it is not a racial issue but a citizen issue; that over the years, he has not seen representation on Council by Roanoke's low- income neighborhoods because the average Council Member tends to be a professional and an affluent citizen. Re stated that the reason there is such resignation on the part of Roanoke's low-income communities is due to the fact that citizens feel powerless because they do not believe that they have been responded to by Roanoke's leadership on many issues that are of importance to them, and for that reason alone, the ward system deserves debate. He added that the question is not about race, but about true representation for all citizens. Jeff Artis, 823 Highland Avenue, S. E., advised that it should be up to the voters of the City of Roanoke to decide upon the form of government they desire, and it is ridiculous for City Council to say that it represents all citizens of the City of Roanoke because there is no accountability for any member of City Council to any particular section of the City. He stated that part of the problem in the City of Roanoke cannot be placed on 596 ACTION: apathy of the voter because Council has done a poor job recently in reaching out to the average voter, and unless City Council changes the way it does business, there will be many dissatisfied voters, and if there are dissatisfied voters, there will be apathetic citizens, and if there are apathetic citizens, there will be people who do not care about the community in which they live. The Mayor inquired if there were other persons present who wished to be heard. There being none, he declared the public hearing closed. At 8:50 p.m., the Mayor declared the meeting in recess. At 8:55 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Bowles. OTHER HEARINGS OF CITIZENS: PARKS AND RECREATION-YOUTH-INDOOR ATHLETIC FIELD HOUSE-SCHOOLS: Vice-Mayor Edwards presented a communication with regard to the City's acquisition and operation of an indoor athletic field house for sporting events such as track and field, soccer, hockey, gymnastics, basketball and other indoor sports. He called attention to the work of a steering committee that met on a number of occasions during the summer months to review concepts and suggestions for the project, and as a result of the work of the steering committee, specific proposals were submitted. Following the remarks of interested citizens, he advised that he would offer a motion to refer the matter to the City Manager for report to Council within 90 days with specific proposals concerning acquisition of land and structures for an indoor athletic field house. (For full text, see communication on file in the City Clerk's Office.) Mr. Edwards referred to a communication from Peter R. Lampman, President, Virginia Amateur Sports, Inc., in support of an indoor multi-sport athletic complex for the City of Roanoke which would bring a 65 per cent return on the investment over a 15 year period. Mr. Edwards pointed out that a steering committee reviewed the matter throughout the summer months, and it is now time to refer the question to the City Manager for ,! 597 '1 review. He called specific attention to the structure located at Valley Court Mall (formerly Celebration Station) which is currently for sale, and spoke in support of the feasibility of the facility for an indoor multi-sports complex, which could also serve as a practice location for the Roanoke Express hockey team. He recommended that the matter be referred to the City Manager for report to Council within a reasonable period of time and preferably within 90 days. Richard S. Pittman, President, Roanoke Valley Youth Hockey Association, called attention to other hockey interests in the Roanoke Valley in addition to the Roanoke Express which encompasses the youth hockey program, two adult hockey leagues and figure skaters, and noted that recent years have revealed a tremendous growth in the interest of ice sports, particularly figure skating and hockey. He called attention to a recent meeting with individuals in charge of other hockey interests in the Roanoke Valley for the purpose of dividing ice time at the Roanoke Civic Center, and all persons in attendance agreed that the Roanoke Valley is running out of ice time to support its skating programs. He advised that there is a need for an indoor athletic field house from the point of view of ice hockey alone. Finn D. Pincus, member of the Board of Directors, Virginia Amateur Sports, advised that thousands of Roanoke Valley citizens exercise every day and for those who choose outdoor sports, the possibility of working out diminishes greatly when the day light hours are shortened and the nights get cold, and between the months of November and April, these persons must cut back or discontinue their exercise routines. He stated that an indoor athletic facility would allow these citizens to work out through the winter months, and indoor soccer, hockey leagues and other team sports could use the facility in addition to individuals who wish to walk or jog. He pointed out that the facility could also be used by the youth of the Roanoke Valley to provide a safe, drug-free environment. In summary, he advised that an indoor athletic field house would provide citizens of all ages with an opportunity to exercise throughout the winter, and indoor track meets would generate additional revenue for the City through high school, district, regional and state competitions, as well as large sporting invitationals at the high school and college levels. 598 Frank N. Anzalone, Coach, Roanoke Ice Hockey Express, advlsed that the Roanoke Express has worked diligently to be a part of the Roanoke community. Prior to coming to Roanoke, he stated that he did not wish to be a part of a hockey program that did not have a practice facility, but the Roanoke Express believed that the Lancerlot in Vinton, would be rebuilt, however, the facility was not reconstructed after the fire, and the Roanoke Express is now faced with a hockey program that has the potential of being better than the Hampton Rhodes or Greensboro teams, but with very limited facilities on which to practice or provide skating time for youth hockey, men's leagues, figure skaters, public skating, etc. He called attention to events that take place at the Roanoke Civic Center for which the ice must be removed, therefore, hockey programs are without ice for as long as six to seven days. He advised that the youth hockey program, in coordination with the Roanoke Express, could have a great future in the Roanoke Valley, and the Roanoke Valley could serve as a central location for tournaments which could bring large numbers of citizens from other localities to the Roanoke area, not to mention the potential of a summer hockey school. He stated that the prospects for hockey in the Roanoke Valley are tremendous if enough funds are raised to support an indoor athletic field house. Martin D. Jeffrey, Director of Community Development and Outreach, Total Action Against Poverty, advised that the proposed facility should cost approximately $5 to 8 million; and TAP supports efforts of the Vice-Mayor to develop an indoor athletic facility. He added that one of the problems for Roanoke's inner-city youth is the lack of adequate and accessible recreational activities and facilities, and the site recommended by the Vice- Mayor is located in close proximity to the homes of many inner-city youth. He inquired as to the status of the feasibility study with regard to Victory Stadium, and advised of the interest of TAP in developing an outdoor track and field facility as well, with Victory Stadium having been mentioned as a good possibility. The Mayor advised that $100,000.00 is proposed to be included in the Five Year Capital Improvements Program for a study with regard to Victory Stadium/Field House. Mr. Parrott advised that he favored the field house concept, however, he was not in favor of changing established procedures for capital improvement items, and the Victory Stadium/Field House study should proceed as Council previously instructed the City Manager. ,'! 599 ACTION: Mr. McCadden spoke in support of investigating the question of whether there may be an interest on the part of other Roanoke Valley governments to pursue the indoor athletic field house project on a regional basis. Mr. White advised that the City's process for reviewing capital improvement matters is a long and established procedure that has worked well with regard to discussing and purchasing real property in those instances when the location and purchase price must be protected, however, any discussion with regard to a specific location would place the City at a competitive disadvantage. He pointed out that funds have been allocated for a Victory Stadium/Field House study, that Council should instruct the City Manager to begin the study as soon as practical, but it would be incorrect to refer to a specific facility or location. He stated that his concern is that if Mr. Edwards' request is approved, Council will, in effect, tie the City Manager's hands by instructing him to investigate a specific piece of property after having discussed the real estate interest in public session, thereby, causing it to be difficult to negotiate with the property owner. He spoke in support of requesting the City Manager to begin the Victory Stadium/Field House study as soon as possible inasmuch as $100,000.00 has been allocated, but it would not be advisable to restrict the City Manager to a specific location. Mr. Edwards advised that the former Celebration Station site is one of several that should be investigated, and there could be a problem in regard to timing because another entity is investigating the facility as a potential location. He stated that it was not his intent to bind the City Manager's study to a specific location. Mr. Edwards moved that the general concept of a multi-purpose, multi-sport athletic indoor field house be referred to the City Manager for report to Council within a reasonable period of time, and preferably within 90 days. The motion was seconded by Ms. Wyatt. Mr. White offered a substitute motion that the main motion be tabled. The substitute motion was seconded by Mr. Parrott and lost by the following vote: II 600 ACTION: AYES: Council Members Parrot, White and Mayor Bowers ........................................... 3. ! NAYS: Council MembersWyatt, Edwards and McCadden ............................................... 3. (Council Member Bowles was absent.) Mr. Edwards amended the motion to delete any reference to a 90 day time limitation for a report to Council by the City Manager, and restated his motion to provide that the general concept of a multi-purpose, multi-sport indoor athletic field house be referred to the City Manager for report to Council within a reasonable period of time. The motion, as amended, was seconded by Ms. Wyatt. The Mayor advised that there is a need for such a facility in the Roanoke Valley community; however, he concurred in Mr. McCadden's remarks that the facility should be explored on a regional basis inasmuch as it will be used by citizens residing in all Roanoke Valley jurisdictions. Danny Thompson, 1814 Lawnhill Street, S. W., spoke in support of constructing an indoor athletic field house as soon as possible because the longer the project is held in abeyance, the more construction prices will increase. He stated that the facility would generate funds for the City, while serving the needs of many Roanoke Valley citizens. Martin D. Jeffrey, who spoke previously, stated that he saw the $42 million project for the Hotel Roanoke come together in incredible time and advised that it is amazing that the City always finds the rationale and justification to place youth related issues on the back burner whenever it seems to make sense. He stated that the question is not just about providing a place for hockey, but about providing a facility for Roanoke's youth in a constructive atmosphere in order to offer alternatives to other less attractive forms of behavior. He made the observation that on occasion, City Council has caused certain things to take place despite established rules and procedures. Mary F. Brooks, 2541 Beverly Boulevard, S. W., advised that she spent more than 20 years in the public school system, and she has watched as the youth of Roanoke find themselves in more and more difficult situations and with fewer and fewer methods of releasing their energy in an appropriate manner. Relative to their ACTION: views on government, she advised that there are two types of citizens those who believe that government should provide for all things and those who believe that government should make the way possible for citizens to do for themselves. She added that the indoor athletic field house might be one of the issues that City Council should make it possible for the community to provide for itself, because there are many citizens who have great and deep concern for all persons residing An the Roanoke community, including the City's youth. She stated that an indoor athletic field house is something that has been needed by the City for many years, and it is time for the City of Roanoke to do something for its children instead of transporting them to other localities for various types of sporting activities. Mr. Parrott advised that Council previously addressed the issue by requesting the City Manager to study the matter and submit a report and recommendation to Council. He stated that it would not be wise to impose a time limitation on the City Manager for completion of the study, and it should also be taken into consideration that there are other projects that the field house must be placed in line with. He stated that he did not believe that the structural composition of the former Celebration Station building would support its use as a field house, and the City Manager should not be restricted to a specific site. Ms. Wyatt advised that the City must begin to provide its youth with viable recreational alternatives as soon as possible, and as caretakers of the City of Roanoke, it is Council's responsibility to be mindful of the needs of the City's youth. Upon question, the City Manager advised that he clearly understood Council's instructions to move the matter forward, however, he would request that Council recognize that it will take considerable time to complete the study, and he would submit his report as timely as possible. He stated that he viewed the assignment as more than a 90 day effort, but not more than a nine month effort. Mr. Edwards' motion to refer the general concept of an indoor multi-sport athletic field house to the City Manager for study, report and recommendation to Council within a reasonable period of time, which motion was seconded by Ms. Wyatt, was adopted. 601 602 There being no further business, meeting adjourned at 10:15 p.m. ATTEST: Mary F. Parker City Clerk APPROVED the Mayor declared the David A. Bowers Mayor Minutes of the joint meeting of the Roanoke City Council and the Roanoke County Board of Supervisors held on Monday, September 12, 1994, are located in Journal Book No. 81, pages I - 8. TITLE TARGET 1. Agency/Office of Origin: CITY OF ROANOKE 2 Name/Title of Records: CITY COUNCIL MINUTES 3. Inclusive Dates of Records: VOLUME 81, 9/1994 - 4/1995 4. Date Filmed: q' 22' 0o 5. Reduction Ratio: 16 X Ge Name/Location of Producer or service bureau: The Library of Virginia Imaging Services Branch Richmond, Virginia 23219 Certificate of Authenticity This certifies that the records appearing On this microform were made available for microfilming by the Office listed on the Title Sheet and were in the legal custody of that Office or of the Library of Virginia as authorized by Sections 8.01-3~1; 15.1~8, 42.1- 82, 42.1-83 of the ~ Signature of Records Custodian Date 1 ROANOKE CITY COUNCIL --- ROANOKE COUNTY BOARD OF SUPERVISORS September 12, 1994 12:45 p.m. A joint meeting of the Roanoke City Council and the Roanoke County Board of Supervisors was called to order on Monday, September 12, 1994, at 12:45 p.m., in the Roanoke Valley Resource Authority Conference Room, 1020 Hollins Road, N. E., with Mayor David A. Bowers and Chairman Lee B. Eddy presiding. ROANOKE CITY COUNCIL MEMBERS PRESENT: Elizabeth T. Bowles, John S. Edwards, John H. Parrott, William White, Sr., and Mayor David A. Bowers .................................................. 6. ABSENT: Council Member Delvis O. McCadden .................. 1. ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Edward G. Kohinke, Sr., Bob L. Johnson, H. Odell Minnix, Harry C. Nickens and Chairman Lee B. Eddy ............................................. 5. ABSENT: None ................................................ O. OTHERS PRESENT: W. Robert Herbert, Roanoke City Manager; Wilburn C. Dibltng, Jr., Roanoke City Attorney; James D. Grisso, Roanoke City Director of Finance; Mary F. Parker, Roanoke City Clerk; Elmer C. Hodge, Roanoke County Administrator; Paul H. Mahoney, Roanoke County Attorney; Diane D. Hyatt, Roanoke County Finance Director; and Mary H. Allen, Clerk to the Roanoke County Board of Supervisors. Chairman Eddy welcomed Roanoke City officials and noted that it was symbolic that the meeting was being held at a facility that came about as the result of joint efforts by Roanoke City and Roanoke County. He called attention to a recent election in Roanoke City which resulted in certain new members to the Roanoke City Council, and some of the members of the Board of Supervisors were of the opinion that it would be appropriate for the two bodies to discuss mutual ideas/suggestions that could be addressed in the future. He added that the Board of Supervisors has extended similar invitations to officials of the City of Salem, Botetourt County and the Town of Vinton. He called attention to a solid history of joint efforts between Roanoke City and Roanoke County, such as the library system reciprocal agreement, the solid waste disposal agreement, the sewage treatment contract, participation in the Roanoke Valley Economic Development Partnership, a cable television franchise, and regional activity in connection with the Tour-du-Pont. He expressed appreciation to Roanoke City officials 2 for helping to celebrate various County activities, one of which was the Spring Hollow Reservoir Project. He advised that persons involved in local government recognize that they have certain responsibilities to their constituents and what happens in one jurisdiction often affects other Roanoke Valley jurisdictions. He noted that all persons in attendance live in the Roanoke Valley and should take Joint responsibility for what happens in the community. On behalf of the Members of Roanoke City Council and City staff, Mayor Bowers expressed appreciation to the Board of Supervisors and Board staff for hosting the joint meeting. He expressed Mr. McCadden's regrets at not being present due to a work related situation beyond his control. He stated that Roanoke City is desirous of a continuing working relationship with Roanoke County to discuss cooperative efforts, and called attention to meetings in which he participated during the past year with Mr. Minnix, Mr. Herbert, and Mr. Hodge to discuss various areas of interest, and spoke in support of continuing such dialogue because citizens of the Roanoke Valley want the two governing bodies to communicate. On behalf of the Members of the Roanoke City Council, he extended an invitation to the Roanoke County Board of Supervisors to be the City's guest at the next joint meeting. Dr. Nickens called attention to the election of new Members to City Council, as well as new Members to the Board of Supervisors and inquired if it would be in order for the two administrators to compile a document listing those projects, along with a brief summary, in which Roanoke City and Roanoke County have cooperated; whereupon, Mr. Herbert advised that he would work with Mr. Hodge to update the list which is currently in the preparation stage. Chairman Eddy referred to other potential items for discussion, such as ridgeline protection, affordable housing, expanded public transportation, sewage treatment plant, and Roanoke Regional Airport Commission membership, and stated that his concept of the meeting would be that it should not include "nuts and bolts" discussion of any one issue, but to briefly discuss the items to determine if there is any interest in joint pursuit. In addition to the abovelisted items, he inquired if there were other items to be discussed; whereupon, Dr. Nlckens advised that along with ridgeline protection should be the topic of the river corridor because Roanoke Valley officials should be concerned with the greenway along the river. He referred to efforts over the past years in regard to flood reduction, working in concert with the Federal Government and the Environmental Protection Agency, and noted that Roanoke County has been concerned with agricultural uses and chemicals applied to the land, as well as encroaching development. Chairman Eddy called attention to a Board of Supervisors workshop scheduled for Tuesday, September 13, 1994, with regard to the Roanoke River Corridor Study with the Fifth Planning District Commission and others in attendance to review a program designed to help protect the Roanoke River extending from Montgomery County to Bedford County. Chairman Eddy added tourism development to the discussion list, advising that tourism is an item of interest to Roanoke City as well as to Roanoke County. Mr. White advised that before addressing certain of the items listed on the agenda, the two governing bodies should discuss some of the more difficult issues. He pointed out that Roanoke City provides funding for certain programs that benefit the entire Roanoke Valley, but the City does not always receive the level of cooperation that it should, and specifically referred to social service programs for which Roanoke City appropriates substantial funding. He added that if the two bodies deal in specifics today, he was not of the opinion that any progress would be made, and stated that he was in favor of cooperation, but the two governing bodies should first begin to address the more difficult issues. Chairman Eddy asked Mr. Hodge and Mr. Herbert to comment on the Towers Perrin study; whereupon, Mr. Hodge advised that for approximately a year the two localities have worked on a regionalization study to be funded in the amount of $15,000.00 from the localities and $15,000.00 from the business community. He added that last week, administrators agreed upon a scope of work/agreement to be executed with Towers Perrin, and the consultant plans to commence the study by early October, with completion in approximately 60 days. He pointed out that a number of items on today's agenda are also topics that the Towers Perrin study will address. Chairman Eddy clarified that the concept of the regionalization study was suggested by Delegate C. Richard Cranwell, and if Roanoke City and Roanoke County could agree on certain joint services, there could be certain financial compensation from the Commonwealth of Virginia. Mr. Herbert pointed out that there is no specific list of topics to be addressed, and all topics will be open for review by the consultant unless otherwise instructed by a local government. Mr. Johnson advised that this is a process that can work if the two governing bodies will cooperate. He stated that Roanoke City deals with certain issues that are different from those that 4 Roanoke County citizens and elected leaders contend with because Roanoke City serves a different constituent. He added that he favors ridgeline protection, but all persons should be prepared to pay the price. Mr. Parrott suggested that the two planning staffs should be instructed to identify those potential areas where ridgeline protection is necessary. He advised that not only is ridgeline protection necessary, but the protection of historic sites as well, and historic sites in need of protection should have been identified as far back as 25 years. Mr. Kohinke stated that there is only so much that can be done with regard to ridgeline protection; whereupon, he requested a clarification. Chairman Eddy advised that the object is to try to restrict development on the tops of ridges, and called attention to a situation where there might be an apartment complex on the top of a mountain that would detract from the overall beauty and effectiveness of the site. Mayor Bowers advised that all citizens have a great appreciation for Roanoke's beautiful mountains, that there is only one mountain in the City of Roanoke, Mill Mountain, and much of that area is preserved as a park. He stated that ridgeline protection is an interesting topic because it involves citizens of and visitors to all Roanoke Valley localities who want to be able to enjoy the view of the mountains, and added that it is interesting to note that from many different locations in Roanoke, one can see different views of the mountains. He stated that the citizens of the Roanoke Valley expect their governments to be environmentally sensitive, and concurred with Mr. Parrott in his views regarding pro-active efforts because the localities do not want to wait until another issue comes up along the Blue Ridge Parkway where there might be an infringement on the viewshed or an eyesore on the mountain. He added that both Roanoke City and Roanoke County citizens want their elected officials to be conscious of the viewsheds and to protect them accordingly. He called attention to financial issues involved in ridgeline protection and advised that this is the time and the place to begin to address those issues. Chairman Eddy advised that ridgeline protection also ties in with economic development because tourists visit the area to enjoy the mountain views and those persons who are looking to establish businesses or homes in the area will be influenced by the attractiveness of the surroundings. In regard to the subject of affordable housing, Chairman Eddy advised that sometimes it is made to appear that Roanoke County has not done its part, and called attention to a report of the Enterprise Foundation on the topic of affordable housing; however, 5 he noted that not a great deal of progress has been made as a result of the report. He stated that affordable housing is an important subject for which Roanoke County has a certain responsibility and needs to address, but as of this date, no good ideas have surfaced as to how to proceed. Mayor Bowers called attention to a recent conversation with a representative of Habitat for Humanity in which it was pointed out that all of Habitat's houses have been constructed within the limits of the City of Roanoke. He stated that Roanoke City has infill development but submitted that Roanoke County, the City of Salem and the Town of Vinton likewise have infill development. He called attention to the worthwhile services performed by Habitat for Humanity, which is a Christian based organization that constructs needed affordable housing for disadvantaged families, and challenged Roanoke County officials to help Habitat for Humanity to locate appropriate sites within the confines of Roanoke County. Dr. Nickens advised that Roanoke County officials reviewed the matter and attempted to find a use for the Leisure Life Center located across from Tinker Court School where there was sufficient space for six, eight and nine unit apartments, and Mr. Hodge pointed out that Roanoke County specified to Total Action Against Poverty that the facility should be used for housing needs rather than for office space. Additionally, he stated that Roanoke County has precluded the replacement of older manufactured homes which will make available more affordable housing in the County. Mr. Johnson made the observation that the Leisure Life Center property is a "drop in the bucket", that Roanoke County has not done its part, and it is time for everyone in the County to make that admission. He stated that development has been driven out of Roanoke County through no malicious intent, but it is a big prospect when a locality must construct a reservoir by itself, that a $42 million upgrade in the Sewage Treatment Plant is a large expenditure, and the citizens of Bent Mountain do not expect to fund the improvements because they do not receive sewage service, therefore, those who receive the service must fund it. He stated that affordable housing will have to take place on infill routes. Mayor Bowers called attention to a great deal of discussion over the past few years with regard to the magnet effect, particularly in Virginia cities, advising that because public transportation is available in the City of Roanoke and because Roanoke City has the only public housing authority in western Virginia, the poor, the elderly and the disadvantaged are attracted to the City of Roanoke where social services, health care, mental health care, transportation, affordable housing, schools, etc., are provided, thus leading to a concentration of minorities and the disadvantaged. He expressed concern that the issue of fair housing for minorities and the disadvantaged should extend throughout the entire Roanoke Valley. He added that the Members of City Council have requested that the City Manager study the matter of development of upper income housing in the City of Roanoke and the Roanoke Redevelopment and Housing Authority has been requested to consider the development of a high rise apartment in downtown Roanoke. At this point, 1:20 p.m., Mr. White left the meeting. In regard to public transportation, Chairman Eddy advised that as a member of the Fifth Planning District Commission, he hears reports on the need to expand public transportation, particularly in the north Roanoke County area. Mayor Bowers advised that because there are many working people in the Roanoke community who depend on the public transit service during the late evening hours, City Council voted to extend transit service until 8:30 p.m., and the City would welcome Roanoke County in its efforts to expand public transportation. Dr. Nickens referred to a study that was completed by Roanoke County which revealed that the County could have paid Yellow Cab Company less money to transport County residents than Roanoke County subsidized Valley Metro, and questioned whether it would be cost effective to extend public transit service to north Roanoke County. Chairman Eddy advised that public housing should receive further review, and Ms. Wyatt called attention to educational issues that need to be dealt with. From the standpoint of a school teacher, she stated that there is a great deal of difference between the teaching day of a Roanoke City teacher compared to a Roanoke County teacher. She stated that there are difficult issues to be addressed, such as social service needs because Roanoke City deals with the issue of poverty, while Roanoke County has not been faced with that dilemma and the two bodies should discuss concrete issues of concern. Dr. Nickens called attention to social service programs in Roanoke County and advised that for a number of years he served on the Roanoke County Social Services Board. He stated that Roanoke County's economic family household income tends to be larger than Roanoke City's, however, Roanoke County has the same needs but not in proportion to the size of the population served by Roanoke City. Upon question by Mr. Minnix as to how the two governing bodies should proceed with the ideas/suggestions that were discussed during the meeting, Chairman Eddy suggested that the two administrators review the minutes of the meeting and submit recommendations as to the best way to pursue the suggestions for discussion at the next quarterly meeting of the two bodies. Mr. Edwards referred to an article that appeared in the League of Older Americans Newsletter written by Susan Williams, Executive Director, in regard to promoting the Roanoke Valley as a retirement mecca, and advised that there are many retirement communities in the City and in the County. He made the observation that more older citizens reside in the Roanoke Valley per capita than any other region in the state. Re referred to the need for an indoor multi-sport athletic field house, and suggested that Roanoke City and Roanoke County join efforts to make the facility a reality for the entire Roanoke Valley. Mrs. Bowles advised that the two governing bodies cannot accomplish all of the items that were discussed at one time; whereupon, she suggested that the items under consideration be prioritized and that the governing bodies deal first with those items that effect the largest segment of citizens. Chairman Eddy expanded on Mrs. Bowles statement by suggesting that those items that are easiest to accomplish be addressed first, followed by the more difficult issues. In regard to the sewage treatment agreement, Chairman Eddy advised that on August 25, 1994, the Board of Supervisors received the latest version of the agreement from the City Attorney and the Board will meet on September 13, 1994, to address the matter in an effort to move the issue forward as expeditiously as possible. In connection with Roanoke Regional Airport Commission membership, Chairman Eddy advised that Roanoke County was pleased to learn that Roanoke City appointed Claude D. Smith as a Commissioner and the Board would like to see more citizen involvement, thus Roanoke County intends to take appropriate action in the near future. In regard to tourism, Mayor Bowers advised that Roanoke City citizens will have the opportunity to vote on a $23 million bond issue in the November 1994 election, with ten per cent of the funds to be allocated to the tourism industry. He added that it is hoped that Roanoke County will give special consideration as the City moves forward and join the City of Roanoke in convincing the Commonwealth of Virginia, the Governor, and the General Assembly that the Virginia Museum of Transportation is a state museum and should be funded accordingly by the Commonwealth. He pointed out that over the years, Roanoke County has been a leader in the development of Explore Park. 8 Mr. Johnson advised that tourism is a godsend, but not a panacea, and the closest that the area could come to a panacea would be to provide meaningful jobs; whereupon, he spoke in support of the two municipalities acquiring land somewhere between the Roanoke Valley and Blacksburg in concert with Montgomery County and pool the necessary resources in order to bring the Roanoke Valley localities into the twenty-first century, thereby placing the Roanoke Valley in a position to compete with the States of Tennessee, South Carolina, and North Carolina in attracting businesses to the southwestern part of Virginia. Chairman Eddy advised that the area has a remarkable resource in the Blue Ridge Parkway and there should be more effort to lure travellers off of the Parkway and into the Roanoke Valley, and even though efforts to persuade the Parkway Service to construct a Visitor's Center in the area have been unsuccessful, such a facility would benefit the entire region, therefore, if outside assistance is not available, it would behoove the localities to cause the facility to be constructed. Mayor Bowers requested that the Clerks of Roanoke County and Roanoke City confer with their respective governing bodies to establish a date and hour for the next quarterly meeting to be held prior to the holiday season, with the City of Roanoke serving as host. There being no further business, the Mayor and the Chairman declared the joint meeting adjourned at 1:55 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Mayor REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL September 26, 1994 10:00 a.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. w., City of Roanoke, on Monday, September 26, 1994, at 10:00 a.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular Meetinqs~ of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Elizabeth T. Bowles, John S. Edwards, John H. Parrott, Linda F. Wyatt and Mayor David A. Bowers .................................................. 5. ABSENT: Council Members Delvis 0. McCadden and William White, Sr.- .............................................. 2. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dlbling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend Linda Kusse-Wolfe, Associate Pastor, Williamson Road Church of the Brethren. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called attention to four requests for an Executive Session to discuss a matter with regard to disposition of publicly held property, specifically the possible conveyance of a parcel of land for economic development purposes; a matter with regard to acquisition of real property, specifically possible acquisition of a building for use by the public; specific legal matters requiring the provision of legal advice by counsel being the terms and 10 ACTION: ACTION: conditions of a regional contract currently in negotiation; and to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by Council. MINUTES: Minutes of the regular meetings of City Council held on Monday, June 6, 1994, Monday, June 13, 1994, Monday, June 20, 1994, and Monday, June 27, 1994; and a joint informal meeting of City Council and Congressman Robert W. Goodlatte held on Monday, June 20, 1994, 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. Parrott and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) 11 ,! ACTION: ACTION: INDUSTRIES-DOWNTOWN ROANOKE, INCORPORATED-ECONOMIC DEVELOPMENT: A communication from Mayor David A. Bowers in connection with development of downtown attractions and specifically the possibility of bringing cinemas back to downtown Roanoke, was before Council. The Mayor advised that downtown Roanoke is the entertainment center for the region, therefore, it is time to begin an intensive effort, in conjunction with the downtown rail park effort, to lure movie theaters backs to the downtown area. He requested that the matter be referred to the City Manager and to the Executive Director of Downtown Roanoke, Inc., for appointment of a task force of interested business representatives and citizens for the purpose of contacting representatives of the theater industry to encourage downtown Roanoke cinemas. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that the matter be referred to the City Manager and to the Executive Director of Downtown Roanoke, Inc., for appointment of a task force to encourage development of cinemas in downtown Roanoke. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Mayor David A. Bowers transmitting an article that appeared in the Raleigh, North Carolina, newspaper, The News & observer, on September 4, 1994, with regard to "neighborhood partnerships," was before Council. The Mayor advised that he is always amazed to read in other newspapers about successes in other cities only to realize that Roanoke has been doing the same things successfully for many years without attention. (For full text, see communication and newspaper article on file in the City Clerk's Office.) Mrs. Bowles moved that the communication be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: ACTION: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) PURCHASE/SALE OF PROPERTY-COUNCIL-CITY PROPERTY- ECONOMIC DEVELOPMENT: A report of the City Manager requesting that Council meet in Executive Session to discuss a matter with regard to disposition of publicly held property, specifically the possible conveyance of a parcel of land for economic development purposes, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to disposition of publicly held property, specifically the possible conveyance of a parcel of land for economic development purposes, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) BONDS\BOND ISSUES-SCHOOLS: A communication from the Roanoke City School Board requesting that a public hearing be scheduled for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to issuance of general obligation school bonds, in an amount not to exceed $4.2 million for improvements and additions to Virginia Heights Elementary School and Morningside Elementary School, was before Council. (For full text, see communication On file in the City Clerk's Office.) 13 ,! ACTION: Mrs. Bowles moved that Council concur in the request of the School Board that Council schedule a public hearing to be held on Monday, october 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. ACTION: (Council Members McCadden and White were absent.) OATHS OF OFFICE-COMMITTEES-WAR MEMORI~L COMMITTEE: A report of qualification of Daniel E. Karnes as a member of the War Memorial Committee, for a term ending June 30, 1995, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) OATHS OF OFFiCE-COMMITTEES-YOUTH: A report of qualification of Ruth C. Wtllson as a member of the Youth Services Citizen Board, for a term ending May 31, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) ACTION: ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: A report of qualification of Ernest S. Zulia as a member of the Roanoke Arts Commission, for a term ending June 30, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) OATHS OF OFFICE-COMMITTEES-PLANNING-FIFTH PLANNING DISTRICT COMMISSION: A report of qualification of John R. Marlles as a member of the Fifth Planning District Commission, for a term ending June 30, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... O. (Council Members McCadden and White were absent.) OATHS OF OFFICE-CITY CLERK: A report of qualification of Mary F. Parker as City Clerk of the City of Roanoke, for a term of two years commencing October 1, 1994, and ending September 30, 1996, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: 15 ,! ACTION: ACTION: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) OATHS OF OFFICE-DIRECTOR OF FINANCE: A report of qualification of James D. Grisso as Director of Finance of the City of Roanoke, for a term of two years commencing October 1, 1994, and ending September 30, 1996, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) OATHS OF OFFICE-MUNICIPAL AUDITOR: A report of qualification of Robert H. Bird as Municipal Auditor of the City of Roanoke, for a term of two years commencing October 1, 1994, and ending September 30, 1996, was before Council. (See Oath or Affirmation Clerk's Office.) of Office on file in the City Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... O. (Council Members McCadden and White were absent.) 16 ACTION: ACTION: OATHS OF OFFICE-CITY ATTORNEY: A report of qualification of Wilburn C. Dibling, Jr., as City Attorney of the City of Roanoke, for a term of two years commencing October 1, 1994, and ending September 30, 1996, was before Council. (See Oath or Affirmation of Office on file In the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) PURCHASE/SALE OF PROPERTY-COUNCIL-CITY PROPERTY: A report of the City Manager requesting that Council meet in Executive Session to discuss a matter with regard to acquisition of real property, specifically possible acquisition of a building for use by the public, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to acquisition of real property, specifically possible acquisition of a building for use by the public, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) COUNCIL: A report of the City Attorney requesting that Council meet in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of a 17 ,! ACTION: regional contract currently in negotiation, Section 2.1-344 (A)(7), Code of Virginia amended, was before the body. pursuant to (19§0), as (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the City Attorney to convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of a regional contract currently in negotiation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: PARKS AND RECREATION-RIVER PARKWAY/EXPLORE PARK: M. Rupert Cutler, Executive Director, Virginia's Explore Park, having previously requested time on Council's agenda to present a status report on Explore Park, the request was withdrawn. OTHER HEARING OF CITIZENS: None. PETITIONS AND COMMUNICATIONS: BUDGET-GRANTS-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. Grant No. 6524 - $74,750.00 for the Preschool Incentive Program to provide orientation and evaluation for handicapped students who will be entering the public school system for the first time during the fall. The Program will be rei~bursed 100 per cent by Federal funds. 18 Grant No. 6926 $106,500.00 for the Regional Alternative Education Program to provide alternative curriculum and training for high risk students with a focus on improving the total self- concept of the student. The Program will be reimbursed 100 per cent by State funds. Grant No. 6447 $5,329.00 for the Opportunity Knocks--GED Program to provide instruction for the General Educational Development Examination for young adults. The Program will be reimbursed 100 per cent by Federal funds. Grant No. 6448 $15,000.00 for the Vocational Education Teen Mothers Program to provide child care for students enrolled in the Teen Parents Employability Development Class. The Program will be reimbursed 100 per cent by Federal funds. The School Board further requested appropriation of $182,633.00 representing insurance proceeds to be received as a result of the winter ice storms for roof repairs, which proceeds are expected to be received from the insurance carrier in the amount of $114,067.00 and from Federal Emergency Management Assistance distributions in the amount of $68,566.00. A report of the Director of Finance concurring in the request of the School Board, was also before Council. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Edwards offered the following emergency budget ordinance: (#32180-092694) AN ORDINANCE to amend and reordain certain sections of the 1994-95 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 392.) 19 ,! ACTION: Mr. Edwards moved the adoption of Ordinance No. 32180-092694. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: BUILDINGS/BUILDING DEPARTMENT-HOUSING/AUTHORITY-CITY EMPLOYEES: At the request of the City Manager, the Director of Public Works presented a briefing on a Combination Building Inspector concept. He advised that for several years, Building Department inspectors have been developing their knowledge of building activities beyond the narrow limits of their individual job responsibilities, which "cross-trained" ability allows the Department to provide inspection services to the development community and to citizens more effectively and efficiently. It was explained that a qualified combination Inspector can visit a site and perform all required inspections, building, plumbing/mechanical, and electrical, rather than several different inspectors making various trips to the site for individual inspections, which will result in not only a savings to the City with gasoline and vehicle maintenance costs, but timeliness of inspections can save the development community large sums of money by not having work delayed while waiting for another inspector to arrive on the job site. The Director of Public Works advised that the Virginia Department of Housing and Community Development has developed a rigorous testing program to certify the qualifications of a combination Inspector; that City Inspectors have worked hard to obtain the necessary cross-training and certification; and as of this date, three inspectors have received the certification and have been reclassified to the position of Combination Inspector. 20 The Director of Public Works introduced the City's Combination Inspectors, Charles G. Grant, Jr., W. Daniel Webb and Jeffrey S. Shawver. Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: BUDGET-TRAFFIC-CITYMARKET-BRIDGES-NORFOLKSOUTHERN CORPORATION-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The City Manager submitted a written report advising that pursuant to Resolution No. 31361-030193, adopted on March 1, 1993, Council requested the Virginia Department of Transportation (VDOT) to program a project for a pedestrian overpass above the Norfolk & Western Railway tracks to connect between the Hotel Roanoke Conference Center area and the Historic Market Area; that design work for the bridge was completed following coordination with various public agencies and affected property owners; and pursuant to Resolution No. 32086- 062794, adopted on June 27, 1994, Council approved the location and major design features of the Pedestrian Bridge (from 0.01 mile south of Norfolk Avenue to 0.03 mile north of Shenandoah Avenue). It was further advised that project schedule for the bridge has been accelerated to improve public safety, pedestrian access and traffic flow in connection with the Hotel Roanoke/Conference Center; that the contractor has a fixed-time completion date of April 1, 1995, for the loggia (covered walkway) and pedestrian bridge items in the immediate vicinity of the Hotel Roanoke, and August 1, 1995, for the entire project; that in an effort to further compress the scheduled completion, VDOT has provided an incentive to the contractor in the amount of $1,500.00 per calendar day to a maximum total of $150,000.00, of which the City would bear the total cost, however, preliminary indications are that the already compressed schedule will provide little opportunity for early completion; and disincentive (penalty) clauses are also included in the project specifications for failure to meet the fixed-time completion dates. It was explained that bids for project construction were received by the Virginia Department of Transportation on August 24, 1994, with the low bid having been submitted by Branch Highways, Inc., in the amount of $5,326,180.88, and a contract was subsequently awarded by the Commonwealth Transportation Board on September 15, 1994; that the City must execute a City- State Agreement before VDOT will allow the contractor to 21 ,! ACTION: begin construction; that the City's share of the cost of the project is $456,515.13, which includes $325,975.00 at 100 per cent City expense to construct the loggia that will connect the northern terminus of the bridge to the Conference Center; and VDOT previously determined that the loggia was not a VDOT project expense item. The City Manager recommended that he be authorized to execute the City-State Agreement, in a form to be approved by the City Attorney, on behalf of the City; and that $450,503.00 be appropriated as follows to the Pedestrian Bridge Account No. 008-052-9673-9003: Capital Improvement Reserve - Streets and Bridges, Account No. 008-052-9575-9181 $ 82,947.00 1992A Bonds - Streets and Bridges Account No. 008-052-9700-9181 12,943.00 Undesignated Capital Funds Total 354~613.00' $450,503.00 * $252,810.00 to be replaced approved in November 1994. if 1996 Bond Referendum file in the City Clerk's (For full text, see report on Office.) Mr. Parrott offered the following emergency budget ordinance: (#32181-092694) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 395.) Mr. Parrott moved the adoption of Ordinance No. 32181-092694. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) Mr. Parrott offered the following resolution: 22 ACTION: (#32182-092694) A RESOLUTION approving an agreement between the City and the Virginia Department of Transportation for the construction of a new pedestrian bridge between the Hotel Roanoke/Conference Center and the Historic Market Area; providing for allocation of the City's share of the project cost; and authorizing execution of said agreement on behalf of the City. (For full text of Resolution, see Resolution Book No. 56, page 396.) Mr. Parrott moved the adoption of Resolution No. 32182-092694. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a written report advising that on June 13, 1994, a briefing was presented to Council with regard to the need to engage a utility contractor on an emergency basis in order to make emergency repairs to a 30-inch discharge line from a raw sewage pump at the Water Pollution Control Plant; and pursuant to Section 41 of the City Charter, a formal report of facts to Council after a contract has been awarded on an emergency basis is required. It was pointed out that a contract was awarded to Structures & Utilities Co., Inc., in the amount of $29,193.00, to repair the damaged pipe section; that the initial estimate for the pipe repair was between $20,000.00 and $25,000.00; and repairs required three attempts and a new coupling installation to replace the section of pipe that was leaking, with the work having been completed as of September 1, 1994. The City Manager requested that Council ratify award of a contract to Structures & Utilities Co., Inc., in the amount of $29,193.00, pursuant to Section 41 of the City Charter; and that $29,193.00 be appropriated from Sewage Fund Previous Years Retained Earnings to Account No. 003- 056-3155-2048. (For full text, see report on file in the City Clerk's Office.) ,! ACTION: ACTION: Mrs. Bowles offered the following emergency budget ordinance: (#32183-092694) certain sections Appropriations, and providing for an emergency. AN ORDINANCE to amend and reordain of the 1994-95 Sewage Fund (For full text of Ordinance, see Ordinance Book No. 56, page 397.) Mrs. Bowles moved the adoption of Ordinance No. 32183-092694. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) Mrs. Bowles offered the following resolution: (#32184-092694) A RESOLUTION ratifying the contract for emergency repairs to a 30-inch discharge line from a raw sewage pump at the Sewage Treatment Plant. (For full text of Resolution, see Resolution Book No. 56, page 398.) Mrs. Bowles moved the adoption of Resolution No. 32184-092694. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) DIRECTOR OF FINANCE: BUDGET-DIRECTOR OF FINANCE-AUDITS/FINANCIALREPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of August 1994. (For full text, see financial report on file in the City Clerk's Office.) ACTION: ACTION: Mr. Edwards moved that the financial report be received and filed. The motion was seconded by Ms. Wyatt and adopted. CITY ATTORNEY: POLICE DEPARTMENT-CITY CODE-SIDEWALK/CURB AND GUTTER-COMMONWEALTH'S ATTORNEY: The City Attorney submitted a written report recommending adoption of a measure amending the City Code to permit police officers to operate bicycles on sidewalks of the City in performance of their duties, advising that adoption of the ordinance would facilitate law enforcement capabilities of police officers. The City Attorney recommended adoption of a second measure which is designed to conform the requirements of the City Code pertaining to disposition of seized or unclaimed property to provisions of state law to provide that before disposing of this type of property, the Chief of Police is required to make reasonable attempts to notify the rightful owner of the property, obtain a written statement from the Commonwealth's Attorney advising that the seized item is not needed in any criminal prosecution and cause publication of a newspaper advertisement once a week for two successive weeks giving notice that the items will be on display to the public and will thereafter be sold. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following ordinance: emergency (#32185-092694) AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), by amending subsection (b) of Section 30-13.1, Same -- Use of wheelbarrows~ handcarts~ bicycles~ skates~ etc.~ on sidewalks to authorize law enforcement officers to operate bicycles on City sidewalks; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 399.) Mr. Parrott moved the adoption of Ordinance No. 32185-092694. The motion was seconded by Ms. Wyatt and adopted by the following vote: ,! AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) Ms. Wyatt offered the following emergency ordinance: (#32186-092694) AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by amending subsection (a) of Section 23-19, Sale -- Generality, to set forth the procedural requirements before the Chief of Police may lawfully dispose of seized or unclaimed property; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 400.) ACTION: Ms. Wyatt moved the adoption of Ordinance No. 32186- 092694. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) REPORTS OF cOMMITTEES: COMMONWEALTH'S ATTORNEY-LEASES-WATER RESOURCES: Council Member Elizabeth T. Bowles, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to a lease agreement for additional office space to be used by the Commonwealth's Attorney's Office. A staff report explained that due to growth in staff and programs since moving into their current office in the Courthouse, additional space is needed by the commonwealth's Attorney to relieve current overcrowding, provide space to expand the collections program, and allow for consolidation of the Regional Drug Prosecutor's Office; that suitable space has been located on the second floor of property at 317 Campbell Avenue, S. W., Official Tax No. 1010835, owned by Gar-Dam, Inc.; that the lease will cover a period of five years, with an option to renew for an additional five years, at a rate of $1,800.00 per month for the first year, to increase by ACTION: $100.00 per month each succeeding year thereafter; and the initial rate calculates to be $6.55 per square foot per year including basic utilities but excluding custodial and telephone service which is considered to be a very competitive price for newly remodeled space. The Water Resources Committee recommended that Council authorize a new lease between the City and Gar- Dam, Inc., in a form to be approved by the City Attorney, for a period of five years, with an option to renew for an additional five years at a rate of $1,800.00 per month for the first year and to increase by $100.00 per month for each succeeding year. (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowles offered the following ordinance: emergency (#32187-092694) AN ORDINANCE authorizing the proper City officials to enter into a lease between the City of Roanoke and Gar-Dam, Inc., for use of office space at 317 Campbell Avenue, S. W., by the Commonwealth Attorney's Office, upon certain terms and conditions, and providing for an emergency. (For full text of Ordinance, page 401.) Mrs. Bowles 32187-092694. adopted by the see Ordinance Book No. 56, moved the adoption of Ordinance No. The motion was seconded by Mr. Parrott and following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) CITY PROPERTY-LEASES-WATER RESOURCES-AIRPORT: Council Member Elizabeth T. Bowles, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to the lease of City-owned property to Budget Rent-A-Car Systems, Inc., located on Municipal Road, N. W. A staff report advised that on January 16, 1990, Council authorized execution of a five year renewal of the lease agreement, dated December 21, 1984, for use of a one-acre site by Budget Rent-A-Car Systems, Inc.; that ,! ACTION: the current lease extension, which will expire in December 1994, provides for an additional five year extension based upon mutually agreeable terms and conditions; that the current annual lease rate is $8,616.00, or $718.00 per month; and Budget Rent-A-Car Systems, Inc., has requested an extension of the lease, with terms of extension to include an annual lease rate of $9,972.96, or $831.08 per month, subject to approval by the City Attorney. The Water Resources Committee recommended that Council authorize the appropriate City officials to enter into a five-year lease extension with Budget Rent-A-Car Systems, Inc., for use of a one acre parcel of land located on Municipal Road, N. W., which is described as a portion of a 12.93 acre parcel of land bearing Official Tax No. 6640105, to be used for a five year period commencing January 1, 1995, at an annual rate of $9,972.96, upon certain terms and conditions. (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowles moved that the following ordinance be placed upon its first reading: (#32188) AN ORDINANCE authorizing the proper City officials to enter into a five year lease extension between the City and Budget-Bent-A-Car Systems, Inc., for use of a one acre parcel of City-owned property on Municipal Road, for said corporation's rental car business, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 56, page 411.) The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) BUDGET-FIRE DEPARTMENT: Council Member William White, Sr., Chairperson of the Bid Committee, presented a writte~ report on behalf of the Committee in connection with bids received by the City for providing and installing a new roof membrane at Fire Station No. 13, 28 ACTION: located at Appleton Avenue and Peters Creek Road, N. W., reco~ending that Council concur in the following actions: authorize the City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney, with Consolidated Industrial Roofing, Inc., at a total cost of $22,435.00 and 90 consecutive calendar days to complete the work; transfer funding of $25,000.00 from the Building Maintenance Fixed Asset Account No. 001-052-4330-3057 to a Capital Projects Fund account for roof replacement at Fire Station No. 13, as follows: contract amount contingency total $22,435.00 2~565.00 $25,000.00 reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#32189-092694) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Capital and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 402.) Mr. Parrott moved the adoption of Ordinance No. 32189-092694. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) Ms. Wyatt offered the following emergency ordinance: 29 ,! ACTION: (#32190-092694) AN ORDINANCE accepting the bid of Consolidated Industrial Roofing, Inc., for replacing the roof at Fire Station No. 13, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 404.) Ms. Wyatt moved the adoption of ordinance No. 32190- 092694. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... O. (Council Members McCadden and White were absent.) INSURANCE-BUDGET-CITY JAIL: Council Member William White, Sr., Chairperson of the Bid committee, presented a written report on behalf of the Committee in connection with bids received by the City for construction of the Roanoke City Jail Annex, recommending that Council approve the following actions: authorize the City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney, with J. M. Turner & Co., Inc., in accordance with contract documents prepared by Hayes, Seay, Mattern & Mattern, Inc., in the amount of $7,253,089.00 and 456 consecutive calendar days to complete the work, with a contingency to be established in the amount of $366,225.00; appropriate $3,872,599.00 to the Jail Annex Account No. 008-052-9685-9003 from the following sources: Virginia Department of Corrections U. S. Marshal Service General Fund CMERP $1,913,940.00 750,000.00 774,935.00 30 ACTION: Excess VRS Premium Contingency Jail Recovered Cost 230,135.00 53,589.00 150~000.00 Total $3,872,599.00 (The above appropriation, previous appropriation provides for the total $9,144,051.00.) in addition to the of $5,271,452.00, project funding of authorize the City Manager to enter into a contract with Allegheny Company, in a form to be approved by the City Attorney, to perform the necessary work adjacent to and upon Allegheny Company property as agreed to in a communication under date of August 30, 1994; and reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#32191-092694) AN ORDINANCE to amend and reordain certain sections of the 1994-95 General and Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 405.) Mr. Parrott moved the adoption of Ordinance No. 32191-092694. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) Mr. Parrott offered the following ordinance: emergency 31 ,! ACTION: ACTION: (#32192-092694) AN ORDINANCE accepting the bid of J. M. Turner & Co., Inc., for construction of the Roanoke City Jail Annex, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 407.) Mr. Parrott moved the adoption of Ordinance No. 32192-092694. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) Mr. Parrott offered the following resolution: (#32193-092694) A RESOLUTION authorizing the execution of an agreement with Allegheny company to allow necessary encroachments on its property in connection with the construction of the Roanoke City Jail Annex. (For full text of Resolution, see Resolution Book No. 56, page 408.) Mr. Parrott moved the adoption of Resolution No. 32193-092694. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CITY pROPERTY-LEASES-ELECTRIC RAILWAY CO., INC.: Ordinance No. 32177 authorizing and directing the proper City officials to enter into a lease between the City of Roanoke and Electric Railway Co., Inc., for use by the 32 ACTION: ACTION: City of property identified as Official Tax Nos. 4030305 and 4030306, for a one year term commencing October 1, 1994, and terminating September 30, 1995, for an annual lease fee of $18,000.00, as more particularly set forth in a report of the Water Resources committee under date of September 12, 1994, having previously been before the Council for its first reading on Monday, September 12, 1994, read and adopted on its first reading and laid over, was again before the body, Mrs. Bowles offering the following for its second reading and final adoption: (#32177-092694) AN ORDINANCE authorizing and directing the proper City officials to enter into a lease between the City of Roanoke and Electric Railway Co., Inc., for use by the City of Roanoke of certain premises located in the City, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 56, page 391.) Mrs. Bowles moved the adoption of Ordinance No. 32177-092694. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) VIRGINIA MUNICIPAL LEAGUE-COUNCIL: Mr. Edwards offered the following resolution designating Mayor David A. Bowers as Voting Delegate and Council Member Elizabeth T. Bowles as Alternate Voting Delegate for the Annual Business Session of the Virginia Municipal League and designating W. Robert Herbert, City Manager, as Staff Assistant for any meetings of the Urban Section of the League: (#32194-092694) A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section of the League. (For full text of Resolution, see Resolution Book No. 56, page 409.) Mr. Edwards moved the adoption of Resolution No. 32194-092694. The motion was seconded by Mr. Parrott and adopted by the following vote: ,! ACTION: ACTION: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) COUNCIL-NATIONAL LEAGUE OF CITIES: Mr. Edwards offered the following resolution designating Council Member Elizabeth T. Bowles as Voting Delegate and Council Member Linda F. Wyatt as Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities to be held on Dece~ber 1 4, 1994: (#32195-092694) A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities. (For full text of Resolution, see Resolution Book No. 56, page 410.) Mr. Edwards moved the adoption of Resolution No. 32195-092694. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: None. At 10:40 a.m., the Mayor declared the meeting in recess. At 11:50 a.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Members McCadden and White. COUNCIL: With respect to the Executive Session just concluded, Mr. Parrott moved that each Me, er of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of 34 Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) PURCHASE/SALE OF PROPERTY-CITY PROPERTY- LANDMARKS/HIST. PRESERVATION: The City Manager submitted a written report advising that pursuant to Ordinance No. 29372 adopted on November 26, 1988, Council authorized execution of a Sale and Exchange Agreement with James L. and Muriel King Trinkle providing that the City purchase property owned by the Trinkles at 120 and 122 West Campbell Avenue for $164,000.00, and further providing that the City exchange real estate owned by the City at 124 Kirk Avenue for real estate owned by the Trinkles at 118 and 124 West Campbell Avenue. It was further advised that an offer of $40,000.00 has been received by the City from Michael Vest for 118 West Campbell Avenue, with the following requested contingencies: purchaser be given 90 days after agreement on conditions of sale to secure identified financing including amount, term and interest rate; and purchaser obtaining title insurance policy. It was explained that $49,300.00 is the latest assessed value of 118 West Campbell for tax purposes; that $44,000.00 was the estimated market value of the property on September 7, 1994, by the City's Office on Real Estate Valuation, which does not take into account any costs such as asbestos removal, brokerage fees, etc., that may be incurred in the process of marketing the property; that the purchaser will take the Campbell Avenue property as it now exists acknowledging existence of asbestos and responsibility for its removal; that the purchaser will donate a historic preservation easement to the Virginia Department of Conservation and Historic Resources as required by a State Grant Agreement; and commercial and residential are envisioned uses of the property which will be owner occupied. ACTION: ACTION: The City Manager recommended that Council authorize execution of the necessary documents in a form to be approved by the City Attorney relating to the sale of 118 West Campbell Avenue for the sum of $40,000.00, subject to the following conditions: purchaser be given 90 days after agreement on conditions of sale to secure identified financing including amount, term and interest rate; and purchaser obtaining title insurance policy. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#32196) AN ORDINANCE accepting an offer to purchase a portion of real property owned by the City, described as 118 West Campbell Avenue and bearing Official Tax Map No. 1011512, and providing for the sale and conveyance of said property. (For full text of Ordinance, see Ordinance Book No. 56, page 411.) The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... 0. (Council Members McCadden and White were absent.) At 11:55 a.m., the Mayor declared the meeting recess. At 2:55 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Members McCadden and White. COUNCIL: With respect to the Executive Session just concluded, Mr. Parrott moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of 36 ACTION: ACTION: Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ................................. 5. NAYS: None ....................................... O. (Council Members McCadden and White were absent.) OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised that there is a vacancy on the Virginia Western Community College Board, created by the resignation of Malcolm C. Boggs, for a term ending June 30, 1998, and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Margaret M. Grayson. There being no further nominations, Ms. Grayson was elected as a member of the Virginia Western Community College Board, for a term ending June 30, 1998, by the following vote: FOR MS. GRAYSON: Council Members Bowles, Edwards, Parrott, wyatt and Mayor Bowers ........................ 5. (Council Members McCadden and White were absent.) OATHS OF OFFICE-COMMITTEES-TRAFFIC: The Mayor advised that there is a vacancy on the City of Roanoke Transportation Safety Commission, created by the resignation of Lewis W. Peery, for a term ending October 31, 1996, and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Troy M. White. There being no further nominations, Mr. White was elected as a member of the City of Roanoke Transportation Safety Commission, for a term ending October 31, 1996, by the following vote: FOR MR. WHITE: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ........................ 5. (Council Members McCadden and White were absent.) ACTION: ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING DEPARTMENT: The Mayor advised that there is a vacancy on the Building Maintenance Division of the City's Board of Building Code Appeals, created by the resignation of Mar~ C. Meir, for a term ending November 10, 1995, and called for nominations to fill the vacancy. Mr. Edwards placed in nomination the name of John D. Fulton, Jr. There being no further nominations, Mr. Fulton was elected as a member of the Building Maintenance Division of the City's Board of Building Code Appeals, for a term ending November 10, 1995, by the following vote: FOR MR. FULTON: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ....................... 5. (Council Members McCadden and White were absent.) OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor advised that there is a vacancy on the Special Events Committee, due to expiration of the one year term of office of Linda R. Durham, ending June 30, 1995, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Michael A. Russell. There being no further nominations, Mr. Russell was elected as a member of the Special Events Committee, for a term ending June 30, 1995, by the following vote: FOR MR. RUSSELL: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ....................... 5. (Council Members McCadden and White were absent.) Inasmuch as Mr. Russell is not a resident of the City of Roanoke, Ms. Wyatt moved that the City residency requirement for persons serving on authorities, boards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Mr. Parrott and adopted. OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER: The Mayor advised that the term of Melinda J. Payne as a member of the Roanoke Civic Center Commission will expire on September 30, 1994, and called for nominations to fill the vacancy. 38 ACTION: ACTION: ACTION: Mr. Edwards placed in nomination the name of Melinda J. Payne. There being no further nominations, Ms. Payne was reelected as a member of the Roanoke Civic Center Commission, for a term of three years, ending September 30, 1997, by the following vote: FOR MS. PAYNE: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ........................ 5. (Council Members McCadden and White were absent.) OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING DEPARTMENT: The Mayor advised that the term of Harry F. Collins, Jr., as a member of the Board of Adjustments and Appeals, Building Code, will expire on September 30, 1994, and called for nominations to fill the vacancy. Mrs. Bowles placed in nomination the name of Harry F. Collins, Jr. There being no further nominations, Mr. Collins was reelected as a member of the Board of Adjustments and Appeals, Building Code, for a term of five years, ending September 30, 1999, by the following vote: FOR MR. COLLINS: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ....................... 5. (Council Members McCadden and White were absent.) OATHS OF OFFICE-COMMITTEES-ARCHITECTURAL REVIEW BOARD: The Mayor advised that the four year term of Richard L. Jones as a member of the Architectural Review Board will expire on October 1, 1994, and called for nominations to fill the vacancy. Mrs. Bowles placed in nomination the name of Richard L. Jones. There being no further nominations, Mr. Jones was reelected as a member of the Architectural Review Board, for a term of four years, ending October 1, 1998, by the following vote: FOR MR. JONES: Council Members Bowles, Edwards, Parrott, Wyatt and Mayor Bowers ........................ 5. (Council Members McCadden and White were absent.) There being no meeting adjourned at ATTEST: Mary F. Parker City Clerk further business, 3:00 p.m. APPROVED 39 the Mayor declared the David A. Bowers Mayor 40 I I 41 ROANOKE CITY COUNCIL ........... ROANOKE CITY PLANNING COMMISSION September 26, 1994 12:35 p.m. A joint meeting of the Roanoke City Council and the Roanoke City Planning Commission was called to order on Monday, September 26, 1994, at 12:35 p.m., in the Social Services Conference Room, Room 306, Municipal North, with Mayor David A. Bowers and Chairperson Charles A. Price, Jr., presiding. CITY COUNCIL MEMBERS PRESENT: Elizabeth T. Bowles, John S. Edwards, Linda F. Wyatt and Mayor David A. Bowers .............. 4. CITY COUNCIL MEMBERS ABSENT: Delvis O. McCadden, John H. Parrott and William White, Sr.- ................................ 3. CITY PLANNING COMMISSION MEMBERS PRESENT: John P. Bradshaw, Jr., Paul C. Buford, Jr., Gilbert E. Butler, Barbara N. Duerk, Carolyn Coles, Richard L. Jones and Chalrman Charles A. Price, Jr.- ......................................... 7. CITY PLANNING COMMISSION MEMBERS ABSENT: None ............ 0. OTHERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Willard N. Claytor, Director of Real Estate Valuation; William F. Clark, Director of Public Works; John R. Marlles, Chief of Planning and Community Development; Steven J. Talevi, Assistant City Attorney; Evelyn D. Dorsey, Zoning Administrator; and Martha P. Franklin, Secretary, City Planning Commission. The Mayor advised that the City Planning Commission was established in 1946, and he is told that it is one of the oldest such bodies in the Commonwealth of Virginia. Re stated that City Council recognizes that members of the City Planning Commission spend many long hours attending public hearings and visiting sites under consideration for rezoning and street and alley closings. He noted that over the years, the Planning Commission has achieved a remarkable record in resolving land use disputes and developing compromise before matters are referred to City Council for final action. On behalf of the Members of City Council, he thanked each City Planning Commission member for their service to the City, and pointed out that several members of the Planning Commission deserve special recognition, viz: Barbara N. Duerk, Carolyn H. Coles and Gilbert E. Butler. He explained that over the years the job of a City Planning Commissioner has become increasingly complex, especially with numerous revisions to the Code of Virginia, and it is important to recognize these three individuals for taking the initiative to attend and complete a certified planning commission program which was sponsored by the Virginia Department of Housing and Community Development and the Virginia Citizens Planning Association. He advised that the program involved classroom instruction, as well as a home study component and leadership training, and these three individuals completed the program on their own in an effort to become more effective Planning Commission members. The Mayor also recognized the Chair and Vice-Chair of the City Planning Commission, Charles A. Price, Jr., and Paul C. Buford, respectively, both of whom will retire from service on the City Planning Commission in December after having served approximately 16 years each, and on behalf of Council, he expressed appreciation for their service to the City of Roanoke. He advised that Council is pleased to meet with the City Planning Commission and spoke in support of meeting on a yearly basis. Mr. Price expressed appreciation to Council for hosting the joint meeting and also expressed appreciation to the City Manager and to City staff for their efforts to insure that the City Planning Commission has been represented in connection with discussions regarding major development projects such as First Union Tower and the Hotel Roanoke/Conference Center. He explained that each year the City Planning Co~mission submits a formal report providing a summary of activities and recommendations for the coming year, along with information on powers and duties of the City Planning Commission, and encouraged the new members of Council to review the document in order to have a clearer understanding as to how the City Planning Commission is empowered to work with City Council. He advised that he hoped Council would find this type of meeting to be useful and would be willing to meet with the City Planning Commission on a regular basis in the future. Mr. Bradshaw, Chair of the Ordinances and Names Subcommittee, presented a briefing in regard to the Roanoke River Corridor Study and Overlay Zone in which the following key points were made: The Roanoke River Corridor Study was initiated in 1987 at a Joint meeting of the Roanoke City and Roanoke County Planning Commissions. The Study was initiated in response to the belief that the River is an important cultural and recreational resource, water source, natural habitat and a critical floodway. Over the course of the study, the number of participants expanded to include all of the Jurisdictions from the headwaters of the Roanoke River, Montgomery County to Smith Mountain Lake, for a total of seven jurisdictions. 43 Study recommendations released in June 1993, recommended that: (1) localities along the Roanoke River amend their zoning ordinances to include a "conservation overlay zone" to help protect the water quality of the Roanoke Rlver; and (2) creation of an advisory board to assist local governments within the Roanoke River Corridor to manage the River as a regional resource. As indicated in recent newspaper accounts, localities along the River, including the City, are starting the process of drafting the recommended conservation overlay district and obtaining public input. In Roanoke City, a subcommittee of the City Planning Commission has recently met with Planning staff to identify key issues which must be addressed in the proposed overlay district including: width of the corridor; required setbacks of structures from the river; requirements for vegetative buffers; uses which should be prohibited or restricted along the river; etc. Roanoke differs from most of the jurisdictions along the Roanoke River in that the River Corridor is essentially already developed. The proposed conservation overlay zone in the City will essentially help to maintain existing water quality in the River by protecting any remaining existing vegetative buffers and by requiring careful planning for any new development on the few remaining undeveloped tracts. Planning staff is currently drafting the proposed conservation overlay district. Proposed amendment will be forwarded to the Planning Commission's Ordinance and Names Subcommittee in early October and to the full Commission in November for a public hearing. Assuming there are no problems, the proposed amendment will be forwarded to City Council for a public hearing in December. Ms. Coles, Chair of the Community Development Subcommittee, presented a briefing in regard to improving the visual appearance of the City in which the following key points were made: Over the past several years, members of the City Planning Commission have become concerned with the visual appearance of certain areas within the City. Some of the problems which have been identified include= vacant, boarded-up houses, overgrown lots, junk or trash in yards or stored on porches in residential areas, inoperative (junk) cars on private property in residential areas, excessive signage in some commercial areas, and year-round "yard sales" in some residential areas. Council Members and members of the Planning Commission recognize the importance of providing a positive image of the City for potential developers and residents, as well as our own citizens. In addition, many of these eyesores are blighting influences in our residential areas which contribute to neighborhood decline. Planning Commission members recognize that there is a lack of City staff and/or state and local enabling authority to address some of these issues. Over the next year, the Planning Commission will be working with staff from the Planning Department and other City agencies to try and address these problems. Some of the activities that are currently being looked at by the Planning Commission and staff include: The preparation of a towing ordinance that will require the removal of junk cars from private property. Last year, the City's zoning division received over 800 complaints from citizens with regard to junk cars being stored on private property. The City currently has the authority to tow inoperative vehicles in the public right-of-way but not on private property. The preparation of amendments to the zoning ordinance to restrict the storage of junk on front porches in residential areas. Amendments to the Building Code that require private property owners to maintain the exterior of their structures and yard, especially in residential areas. 45 The Commission will be forwarding several of its recommendations to address these problems to City Council for consideration in the next several months. Mr. Butler, Chair of the Long-Range Planning Subcommittee, presented a briefing in regard to the need to continue/expand the City's long-range planning efforts in which the following key points were made: Roanoke has a long tradition of involving citizens in its planning efforts. Over the past several years, the Planning Commission and staff have undertaken the preparation of a number of lang-range plans including the City's Thoroughfare Plan, adopted by City Council in January, the Enterprise Community Strategic Plan, approved by City Council in June, and the update to Roanoke Vision, the City's comprehensive plan, which is currently in progress. As part of the Commission's annual report to City Council in May 1994, the Planning Commission identified the need for additional staff in the City's Department of Planning and Community Development to carry out additional planning and enforcement activities. The Planning Commission would like to thank the City Manager for responding to this request by approving the transfer of one new staff member to the Planning Department's Long-Range Planning division. Additional staff and/or resources are still needed to undertake additional planning activities, especially the preparation of neighborhood plans and to more aggressively enforce the City's land development regulations. Neighborhood plans prepared with the participation of residents are important because: They identify a "vision" for each of the City's neighborhoods. They identify problems and opportunities. They encourage a partnership approach involving the residents and businesses working with City government to address the problems in the area. They help market the neighborhood to prospective residents/developers. Finally, they help identify areas in which the City's Zoning Map needs to be updated or amended. There are currently only three inspectors in the Planning Department to enforce the Zoning Ordinance, Subdivision Ordinance, Soil Erosion and Sediment Control Ordinance, flood plain regulations, and Sign Ordinance. Last year, in addition to their regular development inspections, the three inspectors responded to over 2,200 complaints. · The addition of even one inspector would allow the staff to respond to citizen complaints in a more timely manner. There arc several new ~ssues that are starting to emerge that will require the attention of the Planning Commission and City Council, including the need to protect the integrity of the Blue Ridge Parkway and to preserve open space within the City and the region. Ms. Duerk, Chair of the Transportation/Utilities/Facilities Subcommittee, presented a briefing on recommendations to improve the transportation planning process and to encourage alternative modes of transportation in which the following key points were made: · Over the past several years, the City has begun the process of implementing a number of major highway construction projects (Peters Creek Road Extension, Second Street, Wells Avenue, etc.). Many of these projects were conceived over 20 years ago when public participation requirements were not as extensive as they are today. The Commission would like to commend City Council for approving the City's Thoroughfare Plan. This document, which was prepared with the assistance of the Planning Commission, is a mechanism that can help focus public discussion and debate. It needs to be updated on a regular basis and can serve as an important quide to City Council when making decisions regarding future road projects. 47 Over the next several months, the Transportation Subcommittee and the full Commission will have the opportunity to revlew %H)OT's draft public involvement process to suggest additional measures to encourage citizen involvement in the State's long-range transportation planning process. With the passage of the innovative ISTEA (Intermodal Surface Transportation Efficiency Act, 1991) legislation several years ago, the Federal Government for the first time announced that it is committed to a "balanced" transportation system which reflects the nation's social, environmental and energy goals. Locally, this means that the Federal Government is setting aside funds for projects which encourage alternative modes of transportation such as bikeways and pedestrian paths. In order to take advantage of these funds, Roanoke needs to have updated plans and projects ready to submit. Over the next year, the Commission will be working with the State Department of Transportation and the Fifth Planning District Commission to update the region's bikeway plan. The Planning Commission will also continue to look at other transportation issues in the City including the problem of cut-through traffic in residential areas and problems associated with surface parking lots. Mr. Price called attention to past improvements, advising that at times the Planning Commission has felt that it was constantly putting out fires rather than preventing them, however, the Commission is beginning to work in a preventable mode. He referred to implementation of the new Zoning Ordinance and the need to do both short and long range planning, called attention to the Roanoke Vision Plan which was prepared in 1985, in which it was discovered that it is important for the Planning Commission to stay in contact with the City's neighborhoods, however, in past years the Planning Commission has not been able to maintain the kind of contact it would prefer, but it is currently looking at each neighborhood in all four quadrants of the City. He stated that in accomplishing long range planning and in enforcing ordinances of the City, the Planning Commission lacks sufficient personnel to stay in touch with ongoing activities in the communities and to determine how improvements in one section of the City might effect other areas by creating or recreating problems that were thought to have been resolved, and it is hoped that similar meetings will emphasize many of the concerns of the City Planning Commission. He explained that it has been necessary to regularly reassign City personnel in order to meet the objective of one neighborhood plan per year which is not sufficient to keep Council abreast of what is happening in the various neighborhoods. Vice-Mayor Edwards expressed appreciation to the City Planning Commission and staff for the calibre of work they perform on behalf of the City, and called attention to the importance of the duties and responsibilities of the Planning Commission because effective planning is essential in order to meet future needs of the City of Roanoke. He stated that Roanoke City has an excellent Planning Commission and staff, and he has been impressed with the level of planning ranging from flood control matters, to regulating junk yards, to ISTEA grants. He called attention to the number of volunteer hours devoted to the ongoing progress and development of the City by Planning Commission members and a review of the past ten to fifteen years reveals that efficient planning has helped to move the City progressively forward. Ms. Wyatt advised that she was impressed with the work of the City Planning Commission. She commended Planning Comlnission Members and staff on their efforts to make the City a better place to live and to work. Mrs. Bowles thanked each member of the City Planning Commission for their willingness to serve the City, advising that it is a time consuming and difficult job which they perform in a most professional manner. She commended the Planning Commission on the quality of the reports that are forwarded to Council which helps to clarify planning related matters and expressed appreciation to John R. Marlles, Chief of Planning and Community Development, for the quality of service he provides. The Mayor challenged the City Planning Commission to look beyond the boundaries of the City of Roanoke, advising that with more and more frequency, citizens of Roanoke County and Roanoke City are beginning to understand the inter-relationship between the two localities. He called attention to a recent meeting of City Council and the Roanoke County Board of Supervisors to discuss areas of cooperation and regionalism as a collaborative effort between the City and the County, and the two bodies agreed to hold quarterly meetings in the future. He suggested that the Roanoke City Planning Commission meet its counter-part Roanoke County to discuss Roanoke Valley planning efforts. He called attention to past problems in regard to flooding in the City of Roanoke, which flood waters came from outside the City's limits, thereby causing problems for Roanoke City citizens, therefore, if effective floodways and overlay districts are to be discussed, they must include those areas up the river and creeks from the City of Roanoke. He advised that Roanoke's citizens are concerned about ridgeline protection, that efforts are underway to educate citizens 49 on the topic, thereby insuring that the natural beauty of the Roanoke Valley is protected. Re noted that there is not a great deal that can be done by the City because the mountains are not within the City's Jurisdiction, but through discussion of the matter with Roanoke County planners, the City can assume a role in the development of the entire valley. He advised that Roanoke County's planning efforts are needed on issues such as affordable housing, inter-jurisdictional transportation, etc.; therefore, the Mayor challenged the City Planning Commission to follow in the footsteps of City Council and the Roanoke County Board of Supervisors and initiate a joint meeting of the two Planning Commissions along with their respective staffs. Mr. Price referred to the two upcoming vacancies on the City Planning Commission and called attention to a profile prepared by the Planning Commission setting forth the criteria which is felt to be necessary in order to be an effective Planning Commission member. In order to implement future goals and objectives of the City, he invited the Members of Council to review the profile prior to filling the upcoming vacancies, The Mayor advised that Council would be pleased to receive suggestions from the City Planning Commission in regard to filling the vacancies. There being no further business, the declared the joint meeting of City Council Commission adjourned at 1:20 p.m. Mayor and Chairperson and the City Planning APPROVED ATTE ST: Mary F. Parker City Clerk David A. Bowers Mayor REGULAR WEEKLY SESSION ...... ROANOKE CITY cOUNCIL October 10, 1994 10:00 a.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, October 10, 1994, at 10:00 a.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular Meetinqs~ of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members John S. Edwards, Delvis O. McCadde~, John H. Parrott, William White, Sr., Linda F. Wyatt, Elizabeth T. Bowles and Mayor David A. Bowers ................................. 7. ABSENT: None ............................................... 0. OFFICERS PRESENTs W. Robert Herbert, City Manager} James D. Ritchie, Sr., Assistant City Manager} Wilburn C. Dibling, Jr., City Attorney} James D. Grisso, Director of Finance} and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend David C. Brown, Associate Rector, St. Johns Episcopal Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He further advised that it had been requested that Item C-2, a communication from Council Member White with regard to appointment of two Members of Council to work with the City Manager to develop a team building and long range planning strategy for consideration by Council, and Item C-3, a report of the City Manager with regard to the education program in the Roanoke City Jail, be removed from the Consent Agenda for consideration as separate agenda items. He called specific attention to two requests for Executive Sessions to discuss a matter with 51 ACTION: ACTION: regard to disposition of real property, specifically the use and possible conveyance of interests in real property for economic development purposes and to discuss vacancies on various authorities, boards, commissions and committees appointed by Council. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuSS personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 ~A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... 0. CiTY MANAGER-COUNCIL-ECONOMIC DEVELOPMENT: A report of the City Manager requesting that Council meet in Executive Session to discuss a matter with regard to disposition of real property, specifically the use and possible conveyance of interests in real property for economic development purposes, pursuant to Section 2.1- 344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to disposition of real property, specifically the use and possible conveyance of interests in real property for economic development purposes, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. McCadden and adopted by the following vote: ACTION: AYES= Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers ................... 7. NAYS: None ....................................... 0. REGULAR AGENDA cOUNCiL-pLANNING-CAPITAL iMPROVEMENTS PROGRAM: A communication from Council Member William White, Sr., with regard to appointment of two members of City Council to work with the City Manager to develop a team building and long-range plannlng strategy for consideration by Council, was before the body. Mr. White advised that in recent years, Council has had the opportunity to participate in a variety of long- range planning efforts with the City Administration, and called attention to long range planning sessions/ financial planning sessions conducted in 1988, 1991 and 1993. He pointed out that only two current members of Council have participated in all of the long-range planning activities dating back to 1988, that only three current members participated in the 1991 session, and four current members participated in the 1993 financial planning session~ and most of ~hh~ current Members of Council have participated in Roanoke Vision and Capital Improvement Program planning processes. Mr. White noted that in order for council to provide the necessary guidance to the City Manager, Council must develop a clear, consensus-based agenda founded upon a common understanding of the major issues facing the City in the future, and council must continue to function as cohesively as possible under the relatively new leadership of the Mayor and the vice-Mayor. Therefore, he suggested that a first step might be to appoint two members of City Council to work with the City Manager to develop a recommended team building and long range planning strategy for consideration by council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the Mayor be requested to appoint two Members of Council to work with the City Manager as described above. The motion was seconded by Mr. Parrott and unanimously adopted. 53 ACT IO14: The Mayor appointed Council Members Bowles and White as council's liaison members to work with the City Manager to develop a team building and long-range planning strategy for consideration by Council. CITY JAIL-SCHOOLS: A report of the City Manager advising that at the August 22, 1994, meeting of Council, the matter of hiring an employee to administer the General Educational Development (GED) Program to inmates in the Roanoke City Jail and to provide follow-up services after completion of the program, was referred to the City Manager and to the Sheriff for study, re~ort and reconunendation, the matter was again before the body. The City Manager advised that the Roanoke City Jail presently has two educational programs, i.e.: Special Education Program and Adult Basic Education Program. He explained that the Special Education Program is a mandated program offered to inmates under the age of 18 ...... e~ and is also available for desiring eaucauion serv~ - inmates between the ages of 18 and 22 with documented learning or mental disabilities; and in 1987, a Literacy Program for inmates incarcerated in the Virginia Department of Corrections was initiated which was intended to reduce recidivism among inmates by encouraging them to obtain a GED level of education and thereby increase their abilities to obtain Jobs once released from custody. It was explained that since fiscal year 1989, Federal pass-through grant funds have been made available to local Jails to provide educational programs for grant funds for the past slx zlscal yeu=~ uv ~ z part-time teacher necessary to provide the adult basic education program. The City Manager advised that this part-time program is funded at $18,333.00 for the current fiscal year; that program cost will not exceed $16,500.00 from the State Department of Education plus a $1,833.00 local cash match; that in addition, funding in the amount of $10,846.00 has been requested from the State Department of Education to operate a 12 month full-time program for fiscal year 1995 and the Sheriff received verbal notification on September 26, 1994 that an additional grant in the amount of $8,300.00 was approved. 54 ACTION: It was explained that the cost to employ a full-time teacher to staff the Roanoke City Jail's Adult Education Program for 12 months per year would be $36,715.23 which would include a base salary of $28,225.60 and $8,489.63 in fringe benefits; and Department of Education funding now covers $16,500.00 of this amount, with an additional $10,846.60 in Federal pass-through funds having been applied for. In conclusion, the City Manager advised that there are many competing needs throughout the City, with limited local funding available; that he is supportive of providing the City's local match for these much needed Jail education programs, however, he did not believe that the message should be sent to Federal and State agencies that the City is willing to cover the entire cost of education programs. (For full text, see report on file in the City Clerk's Office.) Following discussion, Mr. McCadden moved that action on the report be deferred for 60 days pending receipt of additional information from the City Manager with regard to the number of individuals who successfully completed the GED program while incarcerated in the Roanoke City Jail compared to the recidivism rate of those who did not complete the program; and that the City Manager be requested to investigate other available programs for inmates prior to release from the Roanoke City Jail, such as GED classes and Adult Education classes sponsored by the Roanoke City Public School system as well as programs sponsored by Total Action Against Poverty and Virginia CARES, Inc. The motion was seconded by Mr. White and unanimously adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: ANNUAL REPORTS-ROANOKE CIVIC CENTER: Vernon M. Danielsen, Chairperson of the Roanoke Civic Center Commission, presented the annual report of the Commission advising that 1993-94 was the best year in the history of the Roanoke Civic Center, whether it be in ticket sales, number of patrons, ticket utilization, or number of events. He further advised that 222 events were held in 1993-94, attended by 677,000 people, with 428,000 from within the Roanoke area and 249,000 from outside the Roanoke area, and an event took place on 81 per cent of the days of the year, or approximately 295 days out of 365. He added that ticket sales for events totalled $4.9 million, with $1.5 million in sales tax, transportation tax, food tax, etc~ that operating revenue is approximately $1.6 million and approximately $2.1 million was expended including capital expenditures, leaving a deficit of about $500,000.00 which was made up in the City's supplement. He called attention to the diversity of activities ranging from cultural events, to sporting events, to monster truck shows, to country music shows, to rock music, to family entertainment and religious conferences, etc. He referred to significant accomplishments during the past year such as paving of the parking lot, refrigeration system maintenance for ice activities, submittal of a request for ISTEA funds for improved Civic Center access to relieve traffic congestion, received a report from the consultant in connection with traffic and parking and appointed a task force to work with City Staff, preliminary actions were taken to acquire a new scoreboard for the Coliseum, and a cover for the entrance to the Exhibition Hall is planned for the near future. He advised that the best ~i..c Center lies in the lack measure for success of the ~ of complaints received by Roanoke Civic commission members. (See annual report on file in the City Clerk's Office.) Without objectlonbyCouncil, the Mayor advised that the Annual Report would be received and filed. POLICE DEPARTMENT-COMPLAINTS= Mr. Dara A. Jllla, owner of a business located at 2615-C Orange Avenue, N. E., appeared before Council in connection with a violent crime that occurred at his business, which, to date, remains unsolved by the Roanoke City Police Department. He referred to a communication addressed to Police chief M. David Hooper advising of the incident which occurred on November 4, 1992, and expressed concern that to date, he has received no response to his communication from Police Department officials. Mr. Jilla also presented copy of a communication addressed to Sheriff Carl M. Wells, Bedford County Sheriff's Department, in connection with an incident that occurred at his residence located at 114 Cascade Drive, ¥inton, Virginia, on June 5, 1994, which he believes has certain similarities to the November 4, 1992, incident that occurred at his place of business. (See conununication on file in the City Clerk's Office.) Without obJectionbyCouncll, the Mayor advised that the remarks of Mr. Jllla would be received and filed, and the matter be referred to the City Manager for appropriate response. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY~-NAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: H~ DEVELOPMENT: The City Manager submitted a written report advising that since November 1987, the City of Roanoke Department of Social Services has contracted for the issuance of Food Stamps to an organization specifically designed to provide this type of service; that the existing contract is scheduled to expire on October 31, 1994; that specifications were developed and sent to specific firms that had requested the opportunity to bid; and public advertisement was published in The Roanoke Times & World News and the Roanoke Tribune. It was further advised that the only one bid was received from Cost Containment, Inc., for a cost of $.55 per transaction, with a monthly ~aximum of $3,600.00, plus postage cost. The City Manager recommended that Council accept the bid submitted by Cost Containment, Inc., to provide Food Stamp Issuance Service for the period commencing November 1, 1994 through October 31, 1995, with the option to renew upon the same terms and conditions for two additional one-year periods; and that he be authorized to enter into a contract, in a form to be approved by the City Attorney, with Cost Containment, Inc., to provide the required Food Stamp Issuance Service. (For full text, see report on file in the City Clerk' Office.) Mr. White offered the following resolution: ACTION: (#32197-101094) A RESOLUTION authorizing the acceptance of a bid and execution of a contract with Cost Containment, Inc., for the provision of Food Stamp Issuance Service. (For full text of Resolution, see Resolution Book No. 56, page 412.) Mr. White expressed concern that only one bid was received by the City and suggested that the matter be advertised in the Virginia Business OpDortuntty Newsletter which is published by the State General Services next year. He inquired as to the service providers for cities such as Lynchburg, Norfolk, and Portsmouth and whether other Roanoke Valley governments provide a similar type of service. The Manager of General Services advised that the cities of Norfolk, Portsmouth and Newport News contract with Cost Containment, Inc. He explained that one other fir~ was requested specifically to respond to the City's request for proposals, however, the firm declined because of the volume of service and the size of the City of Roanoke. He stated that he would confer with surrounding Roanoke Valley localities to determine if they provide food stamp issuance services. Mr. White moved the adoption of Resolution No. 32197-101094. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... 0. BUDGET-GRANTS-ROANOKE SYMPHONY ORCHESTRA-CITIZENS SERVICES COMMITTEE-ARTS cOUNCIL OF THE ROANOKE VALLEY- MILL MOUNTAIN THEATRE: The City Manager submitted a written report advising that the City of Roanoke has been notified of the availability of a Local Government Challenge Grant through the Virginia Commission for the Arts~ that Local Government Challenge Grant funds are available on a 50/50 matching basis (50 9er cent State and 50 per cent local)~ and application for the grant was made at the request of The Arts Council of Roanoke Valley, the Roanoke symphony Orchestra and the Mill Mountain Theatre. 58 ACTION: It was explained that notification from the co=i..ion fo= th. ha. b.en r.c lv.d a grant in the amount of $2,910.00 ~s avaz~u , will supplement funds previously appropriated from the City to the organization through the Citizens Services Committee, with local funds to meet the 50/50 match} and grant funds totalling $2,910.00 will be distributed to The Arts Council of Roanoke Valley ($970.00), Roanoke Symphony Orchestra ($970.00), and Mill Mountain Theatre ($970.00). The City Manage= recommended that council concur the following actions: authorize acceptance of the $2,910.00 Local Government Challenge Grant from the Virginla Commission for the Arts} appropriate $2,910.00 to accountS to be established by the Director of Finance in the Grant Fund} and authorize the City Manager, or his designee, to execute the Local Government Challenge Grant on behalf of the City of Roanoke. see report on file in the City Clerk's (For full text, Office.) Ms. Wyatt ordinance: offered the following emergency budget (#32198-101094) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Grant Fund Appropriations, and providing for an emergency. (For full text Of Ordinance, see ordinance Book No. 56, page 413.) Ms. Wyatt moved the adoption of Ordinance No. 32198- 101094. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Edwards, McCadden, Pa=tort, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS~ None ....................................... 0. Ms. Wyatt offered the following resolution: (#32199-101094) A RESOLUTION authorizing the acceptance of a grant from the Virginia Commission for the Arts. (For full text of Resolution, see Resolution Book No. 56, page 414.) ACTION~ Ms. Wyatt moved the adoption of Resolution No. 32199-101094. The motion was seconded by Mrs. Bowles and adopted by the following vote= AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS= None ....................................... 0. HOUSiNG/AUTHORITY-GRANTS-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH= The City Manager submitted a written report advising that on November 15, 1993, Counc£1 approved an agreement between the City of Roanoke Redevelopment and Housing Authority, the City of Roanoke and the Hotel Roanoke, L.L.C (HRLLC) providing for the Housing Authority to loan $6 million of U. S. Department of Housing and Urban Development (HUD) Section 108 loan funds to the HRLLC for the Hotel Roanoke ProJect~ that Section 15(a) of the Agreement provides that at the option of the City, "the City may require HRLLC to provide RRHA, in form acceptable.t~ R.P~IA., a bond or financial guaranty bon~ million conditioned upon HRLLC's completion and opening of the rehabilitated and restored Hotel" .... "If the City exercises its option to require such bond, the cost of such bond shall be at the sole expense of the City"; that the purpose of the provision is to allow the Housing Authority to recover the money loaned to HRLLC in the event that the Hotel Roanoke is not completed or reopened; that the City must make a decision whether to exercise its option to require the HRLLC to provide the bond prior to closing the HUD 108 loan, which is scheduled for early October 1994; and renovation on the Hotel is 60 per cent complete. The City Manager recommended that Council decline to require the Hotel Roanoke, L.L.C., to procure a financial guaranty bond at City expense. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: ACTION: (#32200-101094) A RESOLUTION declining to require the Hotel Roanoke, L.L.C. to procure a performance or financial guaranty bond, at City expense, in connection with the loan of Federal funds for the Hotel Roanoke project. (For full text of Resolution, see Resolution Book No. 56, page 415.) Mr. Parrott moved the adoption of Resolution No. 32200-101094. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Bowles and Mayor Bowers ......................... 6. NAYS: Council Member Wyatt ....................... 1. CITY CODE-COMMITTEES-AIR pOLLUTION CONTROL: The City Manager submitted a written report advising that the purpose of the Air Pollution Control Advisory and Appeal Board is to advise Council and the City Manager on matters concerning the protection of air resources and the promotion of health, safety, and welfare in the City and to hear appeals in case of enforcement actions initiated by the City Manager; and the City's Air Pollution Control ordinance, Sections 3-1 through 3-87 of the Code of the City of Roanoke (1979), as amended, was adopted prior to 1972 and is largely preempted by more recent State and Federal regulations, except when the City's Ordinance is more stringent. It was explained that the field of air pollution control has become increasingly complex and extensively regulated by State and Federal legislation in recent years; that the Air Pollution Control Advisory and Appeal Board no longer serves a useful purpose inasmuch as all matters relating to air pollution are being referred to the State Department of Environmental Quality located on Peters Creek Road; and the two current members of the Board concur in the recommendation to abolish the Air Pollution Control Advisory and Appeal Board and to allow the State to assume all responsibility in this area. The City Manager recommended that Council concur in the following actions: abolish the Air Pollution Control Advisory and Appeal Board; 61 ACTION: repeal the Air Pollution Control Ordinance, Sections 3-1 through 3-87, Code of the City of Roanoke (1979), as amended; request the City Manager to communicate to the State Department of Environmental Quality the Council's desire for the State to continue all responsibilities in this area; and request the City Attorney to prepare the proper measure recognizing the service of Board members. (For full text, see report on file in the City Clerk's office.) Mrs. Bowles offered the following emergency ordinance: (#32201-101094) AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by repealing Chapter 3, Air Pollution Control, Articles I through V, Section 3-1 through Section 3-87, inclusive, and abolishing the Air Pollution control AdvisoryandAppeal Board; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 416.) Mrs. Bowles moved the adoption of Ordinance No. 32201-101094. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... SEWERS AND STORM DRAINS-PUBLIC WORKS-CONSULTANTS REPORTS-WATER RESOURCES: The City Manager submitted a written report advising that on March 7, 1994, Council accepted a bid submitted by Laramore Construction Co., Inc., for the Carvins Cove Phase II water main project, Contract A-2, with the work commencing on May 23, 1994. It was explained that the project extends a water main from Williamson Road at Plantation Road southward to Florist Road near Verndale Drive; that plans prepared by Dewberry & Davis require the road crossing at Williamson Road near the Kroger store to be installed by tunneling; that an existing 36-inch diameter water main is crossed by the proposed main, and it is critical that the existing main not be damaged or taken out of service~ that based upon the actual field location of the existing water main, it is necessary for the contractor to increase the depth of the crossing and tunnel in rock which is a changed condition from those depicted by bid plans~ that the not-to-exceed cost for the additional work is $55,195.00, and in addition, construction of the new water main has required the adjustment of sanitary sewer laterals owned by Roanoke County which was not anticipated in the original bid, with an estimated cost to adjust sanitar~ sewer laterals at $14,000.00, to be paid on a unit price basis. The City Manager advised that Change Order No. 2, in the amount of $69,195.00, provides for these items of additional work~ that the proposed corrective actions have been reviewed and accepted by the consulting engineer, the contractor, and City staff~ that current funds are encumbered in the amount of $1,469,735.00 for the contract; and the original contract award provided for a $146,794.00 contingency fund for the project, as follows= Original Contract Amount Amount of Change Order No. Amount of Change Order No. $1,469,735.00 2,771.00 69t195.00 New Contract Amount $1,541t701.00 The City Manager recommended that he be authorized to execute Change Order No. 2, in the amount of $69,195.00, to the contract with Laramore Construction Co., Inc. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency ordlnance~ (#32202-101094) AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with Laramore Construction Co., Inc., in connection with Carvins Cove Filter Plant Improvements - Phase II, Contract A-2~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 417.) Mrs. Bowles moved the adoption of Ordinance No. 32202-101094. The motlon was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... 0. SEWERS AND STORM DRAINS-PUBLIC WORKS-CONSULTANTS REPORTS-WATER RESOURCES: The Clty Manager submitted a written report advising that on June 28, 1993, Council accepted a bid submitted by E. C. Pace Co., Inc., for Carvins Cove Phase II Water Main, Contract C-I, with work having commenced on September 9, 1993~ that the project extends a water main from the area of Orange Avenue and williamson Road, generally following 13th Street to the Roanoke Rlver~ that the proposed alignment crosses the Lick Run Channel at Hollins Road~ that the contractor has proposed an aerial crossing of the Lick Run Channel which would reduce the amount of underground boring necessary~ that the contract quantities for steel encasement have been reduced by 14 linear feet to provide a net contract reduction of $12,110.00, calculated at $875.00 per linear fo0t~ that the proposed aerial crossing has been reviewed consultant, the contractor and Engineering by the Department staff~ and funds are encumbered in the amount of $1,485,976.80 for the contract, as follows: Original Contract Amount $1~485,976.80 Amount of Change Order No. 1 ( 12t110'00) New Contract Amount ~ The City Manager recommended that he be authorized to execute Change Order No. 1, in the amount of ($12~110.00) to the contract with E. C. Pace Co., Inc. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency ordinance: (%32203-101094) AN ORDINANCE approving the City Manager's issuance of Change Order No. i to the City's contract with E. C. Pace Co., Inc., in connection with Carvins Cove Filter Plant Improvements - Phase II, Contract C-if and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 418.) ACTION= ACTION: Mrs. Bowles moved the adoption of ordinance No. 32203-101094. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, W~att, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... 0. SEWERS AND STORM DRAINS-BONDS/BOND IsSUES-CAPITAL IMPROVEMENTS PROGRAM-WATER RESOURCES: The City Manager submitted a written report recommending that council authorize execution of an agreement between the City of Roanoke, the County of Botetourt, the County of Roanoke, the City of Salem and the Town of Vinton providing for financial contribution and other terms and conditions of participation of the parties in expansion and renovation of the Roanoke Sewage Treatment Plant and replacement of portions of the Roanoke River Interceptor and Tinker Creek Interceptor and in the use, operation and maintenance of said facilities. (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowles offered the following resolution: (#32204-101094) A RESOLUTION authorizing execution of an agreement among the City of Roanoke, the County of Botetourt, the County of Roanoke, the City of Salem and the Town of Vlnton providing for the financial contribution and other terms and conditions of participation of the parties in the expansion and renovation of the Roanoke Sewage Treatment Plant and the replacement of portions of the Roanoke River Interceptor and the Tinker Creek Interceptor and in the use, operation and maintenance of these facilities; and directing that the City Clerk transmit copies of this resolution to the governing bodies of the other political subdivisions. (For full text of Resolution, see Resolution Book No. 56, page 419.) Mrs. Bowles moved the adoption of Resolution No. 32204-101094. The motion was seconded byMr. Parrott and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... O. Ii 65 SEWERS AND STORM DRAINS-BONDS/BOND ISSUES-BUDGET- PUBLIC WORKS-UTILITY LINE SERVICES-CONSULTANTS REPORTS: The City Manager submitted a written report advising that the City of Roanoke and the neighboring jurisdictions of Roanoke County and the City of Salem have agreed that the Roanoke River interceptor is in need of repairs and expanded capacity; that cost allocations between jurisdictions for the proposed improvements have been determined by separate agreement, at an estimated cost of $17.8 million for the Roanoke River Interceptor Sewer project; and Council has indicated its support of proposed sanitary sewer facilities improvements through its intent to approve agreements with other participating jurisdictions, approval of a general obligation bond issue in the amount of $15.7 million, and a phased adjustment of sewage rates. It was further advised that in order to proceed with the proposed improvements, the following engineering services are necessary: survey the route of the existing interceptor sewer and evaluate logical routes for the proposed replacement; determine soil and geologic conditions that will govern the engineering design of the interceptor sewer; identify and evaluate potential environmental concerns along the existing and proposed interceptor sewer corridor; prepare preliminary designs to determine the maximum practical size of the sewer, its location, the type of construction, and its estimated cost, with several design alternatives to be evaluated, and the preliminary design will also consider potential environmental concerns with the proposed construction and recommend alternatives to minimize impact and liability; prepare construction plans and necessary to gain appropriate approvals and solicit bids from contractors; documents regulatory qualified prepare right-of-way and easement acquisition plats; and 66 provide construction support services during construction of the proposed interceptor sewer. It was explained that following proper advertisement of a Request for Professional Services, seven proposals were received and opened by a selection committee; that five firms were interviewed by the selection committee and Black & Veatch of Charlotte, North Carolina, was deemed to be the most qualified to perform the work based on certain criteria; and following negotiations, Black and Veatch agreed to perform the work for the amount of $1,595,000.00. The City Manager recommended that Council concur in the following actions: award an engineering services contract, upon execution of agreements with participating jurisdictions, in a form to be approved by the City Attorney, to Black & Veatch of Charlotte, North Carolina, in the amount of $1,595,000.00; appropriate $1,675,000.00 to an account entitled, "Roanoke River Interceptor Sewer" to be allocated as follows: Contract Value Contingency $1,595,000.00 80.000.00 Total $1.675.000.00 transfer $614,725.00 from Account No. 003-056- 8465-9001, Water Pollution Control Plant Expansion - 1994 Bonds to a new account; and establish an account receivable in the amount of $495,800.00 for reimbursement from Roanoke County and $564,475.00 from the City of Salem. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (%32205-101094) AN ORDINANCE to amend and reordain 1994-95 Sewage Fund certain sections of the Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 56, page 420.) ACTION= Mr. White moved the adoption of Ordinance No. 32205- 101094. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... 0. Mr. White offered the following resolution: (932206-101094) A RESOLUTION authorizing the execution of an agreement with Black & Veatch to provide certain engineering services in connection with the Roanoke River Interceptor Sewer Project expressly conditioned upon the City entering into an agreement with the County of Botetourt, the County of Roanoke, the City of Salem and the Town of Vinton. (For full text of Resolution, see Resolution Book No. 56, page &21.) ACTION: Mr. White moved the adoption of Resolution No. 32206-101094. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... 0. SEWERS AND STORM DRAINS-BONDS/BOND ISSUES-BUDGET- PUBLIC WORKS-UTILITY LINE SERVICES-CONSULTANTS REPORTS- STREETS AND ALLEYS-WATER RESOURCES: The City Manager submitted a written report advising that the City of Roanoke and the neighboring jurisdictions of Roanoke County, Botetourt County, the Town of Vinton, and the City of Salem have agreed that the Tinker Creek interceptor is in need of repairs and expanded capacityl that cost allocations between jurisdictions for the proposed improvements have been determined by separate agreement~ that estimated cost for the Tinker Creek Interceptor Sewer project is $4.62 million~ that Council has indicated its support of proposed sanitary sewer facilities improvements through its intent to approve 68 aareementS with other participating Jurisdictions, a-proval of a general obligation bond issue in the amount P. ..... ..~.A~ m-d a ~hased adjustment of sewage ~Z. te%~'~n~''i~V'~rd~'~ to %roceed with the proposed improvements, the following engineering services are necessary: survey the route of the existing interceptor sewer and logical routes for the proposed replacement; determine soil and geologic will govern engineering interceptor sewer; conditions that design of the identify and evaluate potential environmental concerns along the existing and proposed interceptor sewer corridor; prepare preliminary designs to determine the maximum practical size of the sewer, its location, the type of construction, and its estimated cost, with several design alternatives to be evaluated, and the preliminary design will also consider potential environmental concerns with th~ proposed construction and recommena alternatives to minimize impact and liability; prepare construction plans and documents necessary to gain appropriate regulatory approvals and solicit bids from qualified contractors; prepare right-of-way and easement acquisition plats; and provide construction support services during construction of the proposed interceptor sewer. It was further advised that following proper advertisement of a Request for Professional Services, seven proposals were received and opened by a selection committee; that five firms were interviewed by the selection committee and Hayes, Seay, Mattern & Mattern, Inc., was deemed to be the most qualified to perform the work based on certain criteria and following negotiations, Hayes, Seay, Mattern & Mattern agreed to perform the work for the amount of $379,000.00. The City Manager recommended that Council concur in I the following actions= award an engineering services contract, upon execution of agreements with participating ~urisdictions, in a form to be approved by the City Attorney, to Hayes, Seay, Mattern & Mattern, Inc., in the amount of $379,000.00; establish an account receivable in the amount of $216,400.00 for reimbursement from other Jurisdictions; appropriate $183,600.00 from Sewage Plant Expansion Funds included in the 1994 bond issue; and appropriate $400,000.00 to a new account entitled, "Tinker Creek Interceptor Sewer" to ACTION: be allocated as follows: Contract Value Contingency Total (For full text, office.) see $379,000.00 21~000.0,~ report on file in the City Clerk's Mr. Parrott offered the following emergency budget ordinance: (%32207-101094) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Sewage Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 422.) Mr. Parrott moved the adoption of Ordinance No. 32207-101094. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS= None ....................................... 0. Mr. Parrott offered the following resolution: 70 ACTION: (%32208-101094) A RESOLUTION authorizing the execution of an agreement with Hayes, Seay, Mattern & Mattern, Inc., to provide certain engineering services in connection with the Tinker Creek Interceptor Sewer Project expressly conditioned upon the City entering into an agreement with the County of Botetourt, the County of Roanoke, the City of Salem and the Town of Vinton. (For full text of Resolution, see Resolution Book No. 56, page 424.) Mr. Parrott moved the adoption of Resolution No. 32208-101094. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Sowers .................. 7. NAYS: None ....................................... 0. SEWERS kND STORM DRAINS-BONDS/BOND ISSUES-BUDGET- PUBLIC wORKS-CONSULTANTS REPORTS-WATER RESOURCES: The City Manager submitted a written report advising that Council approved renovation and expansion of the Water Pollution Control Plant and related work on December 13, 1993; and Engineering Services Qualification Proposals were publicly advertised and proposals were received from slx forms. It was explained that following interviews with all six fizl~s, Malcolm Pirnte, Consulting Engineers, and its associate, Mattern & Craig, Inc., were selected as the most qualified firms to perform the project, at a full services engineering fee of $1,996,338.00. The City Manager recommended that Council concur in the following actions: authorize the City Manager to enter into a contractual agreement for renovation and expansion of the Water Pollution Control Plant, upon execution of agreement with participating jurisdictions, with Malcolm Pirnie, Consulting Engineers, and Mattern & Craig, Inc., as its associate, for the sum of $1,996,338.00, with one year for completion of the contract documents and two years construction time, for a total contract time of three years; 71 ACTION: establish a contingency amount of $40,000.00 for additional services and reimbursable expenses~ encumber the sum of $10,000.00 in the contract for public information meetings to be approved for payment to the Engineer by the City Engineer~ transfer $763,284.00 for the City's share from Account No. 003-056-8465-9001, WPCP Expansion Bonds - 1994, to a new account to be entitled "Renovation and Expansion of the Water Pollution Control Plant"~ and appropriate $1,283,054.00 of funding from other localities to the Renovation and Expansion of the Water Pollution Control Plant Account and establish accounts receivable in the following amountS: Roanoke County $597,531.00 City of salem 427,685.00 Botetourt County 143,243.00 Town of Vlnton 114,595.00 (For full text, see report on file in the City clerk's Office.) Mr. Parrott offered the following emergency budget ordinance= (#32209-101094) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Sewage Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 425.) Mr. Parrott moved the adoption of Ordinance No. 32209-101094. The motion was seconded byMr. Edwards and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... 0. Mr. Parrott offered the following resolution: 72 ACTION: (#32210-101094) A RESOLUTION authorizing the execution of an agreement with Malcolm Plrnie, Consulting Engineers, and Mattern & Craig, Inc., as their associate, to provide certain engineering services, in connection with the renovation and expansion of the Water Pollution Control Plant expressly conditioned upon the City entering into an agreement with the County of Botetourt, the County of Roanoke, the City of Salem and the Town of ¥1nton. (For full text of Resolution, see Resolution Book No. 56, page 426.) Mr. Parrott moved the adoption of Resolution No. 32210-101094. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS~ None ....................................... 0. CITY ATTORNEY: POLICE DEPARTMENT-TRAFFIC-CITY CODE-CITY TREASURER- COMMISSIONER OF THE REVENUE-BILLINGS AND COLLECTIONS- COMMONWEALTH'S AT~)RNEY-MANAGEMENT AND BUDGET-CITY INFORMATION SYSTEMS: The City Attorney submitted a written report advising that Officer Ronald E. Cassell, a Police Officer in the Traffic Bureau, has submitted a suggestion in accordance with the City's Employee Suggestion Program that warrants consideration, in which he proposes that the necessary steps be taken to permit police officers to ticket unoccupied, parked vehicles which fail to display a valid City decal; that currently, Sections 20-33.1 and 20-33.2 of the Code of the City of Roanoke (1979), as amended, makes it unlawful for an owner of a vehicle to fail to obtain and display a decal, however, there is no provision for enforcement of the abovedescribed Code sections unless the vehicle is occupied. The City Attorney recommended adoption of an ordinance to amend Sections 20-33.1 and 20-33.2 of the Code of the City of Roanoke (1979), as amended, to enable police officers to ticket unoccupied parked vehicles which fail to display a valid decal, advising that an additional amendment to the Code sections would establish a $25.00 penalty for a violation of the Code sections and also establish the consequences if a violator fails to obtain a decal and pay the $25.00 penalty; that if the ACTION: owner should fail to pay the penalty and obtain the decal within ten days, the owner would receive a legal notice of the violation by mail and the penalty would be increased to $35.00; and if the decal is not purchased and the penalty is not paid within five days after receipt of such notice, the owner of the vehicle would receive a summons to court. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance= (%32211-101094) AN ORDINANCE amending and reordaining Section 20-33.1, Same Re~uirementsk obtaininq license platet tag, or decal a conditio~ precedent to discharqe of violation, by adding nc:: subsections (c), (d), (e), (f), (g), and (h), and Section 20-33.2, Same - Requirements for operation} obtaining license plate, tag or decal a condition precedent tv discharqe of violation, by amending subsections (a) and (b) and adding new subsections (c), (d), (e), (f), (g), and (h), of Article II, Vehicle Licenses, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, to allow police officers to ticket unoccupied, parked vehicles for failure to display a valid decal and provide for a penalty therefor; and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 56, page 427.) Mr. White moved the adoption of Ordinance No. 32211- 101094. The motion was seconded byMs. Wyatt and adopted by the following vote: AYES= Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... 0. REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: AIRPORT-CITY PROPERTY-LEASES-WATER RESOURCES: Ordinance No. 32188 authorizing the proper City officials to enter into a five-year lease extension between the City and Budget Rent-A-Car Systems, Inc., for lease of a ACTION: one-acre parcel of City-owned property on Municipal Road, N. W., which is.a. portion of a 12.93-acre parcel, identified as Official Tax No. 6640105, to be used for said corporation's rental car business, commencing January 1, 1995, at an annual rental of $9,972.96, upon certain terms and conditions, having previously been before the Council for its first reading on Monday, September 26, 1994, read and adopted on its first reading and laid over, was again before the body, Mrs. Bowles offering the following for its second reading and final adoption: (%32188-101094) AN ORDINANCE authorizing the proper City officials to enter into a five year lease extension between the City and Budget Rent-a-Car Systems, Inc., for use of a one acre parcel of City-owned property on Municipal Road, N. W., for said corporation's rental car business, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 56, page 411.) Mrs. Bowles moved the adoption of Ordinance No. 32188-101094. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... 0. PURCHASE/SALE OF PROPERTY-CITY PROPERTY-WATER RESOURCES: Ordinance No. 32196 accepting an offer of Michael Vest to purchase a portion of real property owned by the City, described as 118 West Campbell Avenue and bearing Official Tax Map No. 1011512, for the sum of $40,000.00, and providing for the sale and conveyance of said property, having previously been before the Council for its first reading on Monday, September 26, 1994, read and adopted on its first reading and laid over, was again before the body, Mrs. Bowles offering the following for its second reading and final adoption: (%32196-101094) AN ORDINANCE accepting an offer to purchase a portion of real property owned by the City, described as 118 West Campbell Avenue and bearing Official Tax Map No. 1011512, and providing for the sale and conveyance of said property. (For full text of Ordinance, see Ordinance Book No. 56, page 411.) 75 ACTION: ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32196-101094. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... 0. MOTIONS AND MISC~T.T.ANEOUS BUSINESS: None. INQUIRIES AND/OR cOMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: None. At 11:25 a.m., the Mayor declared the meeting in recess. At 11:50 a.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With respect to the Executive Session just concluded, Ms. Wyatt moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) on1¥ such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... 0. OATHS OF OFFiCE-COMMITTEES-INDUSTRIES: The Mayor advised that the four year terms of W. Bolling Izard and j. Darryl Burks as Directors of the Industrial Development Authority will expire on october 20, 1994, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the names of W. Bolling Izard and J. Daffy1 Burks. There being no further nominations, Messrs. Izard and Burks was reelected as Directors of the Industrial Development Authority, for terms of four years, each, ending October 20, I998, by the following vote: ACTION: ACTION: FOR MESSRS IZARD AND BURKS: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers ........................................... 7. At 11:55 a.m., the Mayor declared the meeting in recess. At 1:50 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. The Mayor' declared the existence of a quorum and Council reconvened in Executive Session. At 2:40 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With respect to the Executive Session just concluded, Ms. Wyatt moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... 0. At 2:42 p.m., the Mayor declared the meeting in recess until 7:00 p.m. At 7:00 p.m., on Monday, October I0, 1994, the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Rltchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTXON: PUBLIC HEARING~ ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Douglas Trout that a tract of land located at 752 Orange Avenue, N. E., bearing Official Tax No. 3042002, be rezoned from HM, Heavy Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, September 23, 1994, and Friday, September ~0, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to allow for establishment of a retail automobile sales shop with incidental automobile repair, maintenance, paint and body work, was before Council. The Planning Commission recommended that Council approve the request, advising that the subject property is more suitable for commercial development than for industrial development. (For full text, see report on file in the City Clerk's Office.) Jonathan Apgar, Attorney, appeared before council in support of the request of his client. Mr. White moved that the following ordinance be placed upon its first reading: (#32212) AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 304, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 56, page 446.) The motion was seconded by Mr. Parrott. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 32212 was adopted, on its first reading, by the following vote= AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... 0. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Artie Minnix Burton and Sarah Mlnnix Artrip, that a tract of land lying on the east side of Holline Road, N. E., and the north side of Lindbergh Lane, described as 3103 Plantation Road, N. E., Official Tax No. 3150311, be rezoned from RM-1, Residential Multi-family, Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioners, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, September 23, 1994, and Friday, September 30, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to place an existing "grandfathered" non-conforming commercial structure and use into a conforming zoning district classification, was before Council. The Planning Commission recommended that Council approve the request for rezoning, advising that the subject property meets the purpose and intent of the neighborhood commercial zoning district classification, and conditional rezoning would provide for continued use of the existing structure as well as provide a transitional buffer area from the single and two family uses to north, south and west to the industrially zoned area to the east of the site. (For full text, see report on file in the City Clerk's Office.) ACTION= Edward A. Natt, Attorney, appeared before Council In support of the request of his clients. Mr. Edwards moved that the following ordinance be placed upon Its first reading: (#32213) AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 315, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of ordinance, see Ordinance Book No. 56, page 447.) The motion was seconded by Mrs. Bowles. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 32213 was adopted, on its first reading, by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... 0. ZONING= Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of PAGE, L.C., that a 2.12 acre tract of land located off of Townside Road, S. W., bearing Official Tax No. 5490307, be rezoned from RM-2, Residential ~ulti-family, Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, September 23, 1994, and Friday, September 3u, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezonlng is to provide for construction and operation of a mini- warehouse facility on the subject property, was before Council. 8O ACTION: The Planning Com~lssion recommended that Council approve the request for rezoning, based on the finding that the rezoning would be a logical extension of the adjoining C-2, General Commercial District, located to the north of the subject property and would place all of the same tract of land under the same ownership within the same zoning district classification. (For full text, see report on file in the City Clerk's Office.) Edward H. Sapp, Jr., Attorney, appeared before Council in support of the request of his client. Mrs. Bowles moved that the following ordinance be placed upon its first reading: (932214) AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 549, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 56, page 448.) The motion was seconded by Mr. McCadden. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 32214 was adopted, on its first reading, by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... 0. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Henry M. and Klmberly M. Caldwell, Ann S. Simmons and Janie Mary Harris, that a 1.717 acre tract of land located et the southerly right-of-way of Orange Avenue (Route 460) at the intersection of Orange Avenue and Walton Street, N. E., and bearing Official Tax Nos. 322~414 3221418, inclusive, and 3221735 3221741, inclusive; and an adjacent .65 acre tract of land, bearing Official Tax 81 ACTION: Nos. 3221518, 3221519, 3221520, 3221521, 3221501 and 3221502, be rezoned from LM, HM and RM-1, Light Manufacturing District, Heavy Manufacturing District and Residential Multi-family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners, the ~tter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-New~ on Friday, September 23, 1994, and Friday, September 3u, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planntnq Commission advising that the purpose of the request for rezoning is to provide for the construction of a drive-in (fast food) restaurant on a portion of the property, with the balance of the land to be held for commercial development consistent with s drive-in restaurant, was before Council. The Planning Commission recommended that Council approve the request for rezoning, subject to the amended petition, advising that the rezoning will place an existing non-conforming use (crafts/Jewelr~ repair business) into a conforming zoning classification and location and physical site constraints of the subject property are more conducive to highway oriented commercial uses and development as an appropriate land use than a mixture of light and industrial and residential uses. (For full text, see report on file in the City Clerk's Office.) David C. Helcher, Attorney, appeared before Council in support of the request of his clients. Mr. Edwards moved that the following ordinance be placed upon its first reading: (%32215) AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 322, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 56, page 450.) 82 The motion was seconded by Mr. McCadden. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 32215 was adopted, on its first reading, by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS= None ....................................... 0. ZONING= Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City clerk having advertised a public hearing for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the requeat of The Peter C. Snyder Residual Trust by Central Fidelity Bank and Georgia Anne Snyder-Falkinham, Successor Co-Trustees, that a tract of land containing 0.671 acre, more or leas, located at 207 Bullitt Avenue, S. E., bearing Official Tax Nos. 4013314 and 4013316, be rezoned from LM, Light Manufacturing District, to C-3, Central Business District, subject to certain conditions proffered by the petitioners, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, September 23, 1994, and Friday, September 3u, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to place the subject property into a zoning classification that would facilitate the redevelopment of the property into a mixed use project comprised of general and professional offices and/or medical clinics with multi-family dwellings located above the ground floor of such non- residential uses, was before Council. The Planning Commission recommended that Council approve the request for rezoning, advising that the rezoning would be a logical extension of the adjoining C-3, Central Business District, located to the west of ACTION= the property and the location and physical site constraints are more conducive to commercial (inf111) redevelopment than industrial purposes as an appropriate land use. (For full text, see report on file in the City Clerk's Office.) Joseph L. Anthony, Attorney, appeared before Council in support of the request of his clients. Ms. Wyatt moved that the following ordinance be placed upon its first reading= (#32216) AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 401, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 56, page 451.) The motion was seconded by Mr. Parrott. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 32216 was adopted, on its first reading, by the following vote= AYES= Council Me~bers Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS= None ....................................... STREETS AND AI~LEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 10, 1994, at 7=00 p.m., or as soon thereafter as the matter may be heard, on the request of The Peter C. Snyder Residual Trust by Central Fidelity Bank and Georgia Anne Snyder-Falkinham, Successor Co- Trustees, that an alleyway running between Norfolk Southern Corporation Railway right-of-way and U. S. Interstate 581, bounded on both sides by Official Tax Nos. 4013314 and 4013316} and the spur of Third Street, S. E., running between Bullitt Avenue and the aforedescrtbed alleyway bounded on one side by U. S. Interstate 581 and by real estate owned by the petitioner on the other side, be permanently vacated, discontinued and closed, the matter was before the body. 84 Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, September 23, 1994, and Friday, September 3u, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the street and alley, as requested for closure, are both dead-end rights-of-way with no capacity to serve as a means of access for any adjacent properties, other than the applicant'si and the applicant desires to use the land within the rights-of-way for "any future development of its property". The Planning Commission recommended that Council approve the request, subject to the following conditions: The applicant shall submit to =he City, for review and approval, and recordation in the Office of the Roanoke City Circuit Court, a subdivision plat, to provide for the following: disposition of the land within the right-of-way to be vacated, in a manner consistent with requirements of Chapter 31, Subdivision~, of the Code of the City of Roanoke (1979), as amended~ retention of appropriate easements, together with the right of public passage over same, for subsurface installation and maintenance of any and all existing utilities that may be located within the alley right- of-way~ and If a plat of subdivision is not approved by the City and recorded by the applicant within a period of 12 months from the date of adoption of the ordinance providing for the closure of the subject right-of-way, said ordinance shall be null a~ void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) ACTIOM~ Joseph L. Anthony, Attorney, appeared before Council in support of the request of his clients. Mrs. Bowles moved that the following ordinance be placed upon its first reading= (#32217) AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 56, page 452.) The motion was seconded by Ms. Wyatt. The Mayor inquired if there were persons present who would like to address Council with regard to the request for closure. There being none, Ordinance No. 32217 was adopted, on its first reading, by the following vote: AYES= Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... 0. STREETS ~ ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Beatrice T. Witt, that a portion of 6 1/2 Street, S. E., bounded on the north by the southern boundary of Morrill Avenue, S. E., bounded on the west by the eastern boundary of Official Tax No. 4141409, and bounded on the east by the western boundary of Official Tax No. 4141530, be permanently vacated, discont~nued and closed, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, September 23, 1994, and Friday, September 30, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the applicant desires to use the land within the undeveloped portion of the street for future development~ that closure and vacation of the subject section of undeveloped public r~ght-of-way will create a dead-end 86 street right-of-way; and general policy of the Planning Commission is to avoid the creation of dead-end streets. The Planning Commission recommended that Council approve the request for street closure, subject to the following conditions: The applicant shall submit to the City, for review and approval, and recordation in the Office of the Roanoke City Circuit Court, subdivision plat, providing for the following: disposition of the land within the right-of-way to be vacated in a manner consistent with requirements of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended~ retention of appropriate easements, together with the right of public passage over same, for surface and subsurface installation and maintenance of any and all existing utilities that may be located within the alley right-of-way; and dedication thereon of land, sufficient in size to provide for the construction of a public turnaround. If a plat of subdivision is not approved by the City and recorded by the applicant within a period of 12 months from the date of adoption of the ordinance providing for the closure of the subject right-of-way, said ordinance shall be null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Parrott moved that the following ordinance be placed upon its first reading: (932218) AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 56, page 455.) The motion was seconded by Mr. White. The Mayor inquired if there were persons present who would like to address Council with regard to the request for closure. There being none, Ordinance No. 32218 was adopted, on its first reading, by the following vote= AYES: Council Members Edwards, Parrott, White, Wyatt and Bowles ....................................... 5. NAYS= Council Member McCadden and Mayor Bowers---2. STREETS AND ALLEYS= Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 10, 1994, at 7=00 p.m., or as soon thereafter as the matter may be heard, on the request of the COMACHI CORPORATION that a portion of Baker Avenue, N. W., between 25th Street and 30th Street, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published In the Roanoke Times & World-News on Friday, September 23, 1994, and Friday, September 30, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Com~ission advising that the applicant desires to close the section of Baker Street between 25th and 27th Streets for the purpose of utilizing the land within the vacated right-of way for new build~ng construction, expansion; i.e., parking, security, etc.; that sections of the street right-of-way, as requested for closure, have been physically closed and barricaded for a number of years, and the City has no current or future plans to utilize this section of street right-of-way for public purposes; and Planning Comm~ssion staff is not aware of any current plans for new construction on properties adjacent to the north side of the other section of Baker Avenue that extends between 27th and 30th Streets, however, a number of lots in this block have been sold and transferred In recent months. 88 The Planning Commission recommended that Council approve the request to close and permanently vacate the abovedescribed section of Baker Avenue, N. W., subject to the following conditions= The applicant shall submit to the City, for review and approval, and recordation in the Office of the Roanoke City Circuit Court, a subdivision plat, providing for the following= disposition of the land within the right-of-way to be vacated in a manner consistent with requirements of Chapter 31w Subdivisions, of the Code of the City of Roanoke (1979), as amended~ and dedication thereof on land sufficient in size to provide for the construction of a public turnaround at the terminus of 30th Street, N. W., with the alignment of said turnaround to be as determined by the Agent to the Planning Commission. The applicant shall construct a public turnaround at the terminus of 30th Street, N.W., in accordance with current City standards and specifications and shall further submit to the Agent to the Planning Commission a plan and profile of said turnaround for the City's review and approval prior to commencement of construction. If a plat of subdivision is not approved by the City and recorded by the applicant within a period of 12 months from the date of adoption of the ordinance providing for the closure of the subject right-of-way, said ordinance shall be null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) Frank W. Martin, representing COMACHI CORPORATION, appeared before Council in support of the request of the petitioner. ACTION: Mrs. Bowles moved that the following ordinance be placed upon its first reading: (#32219) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 56, page 476.) The motlon was seconded by Mr. McCadden. The Mayor inquired If there were persons present who would like to address Council with regard to the request for closure. There being none, Ordinance No. 32219 was adopted, on its first reading, by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ........................................ 0. STREETS AND ~T.T.EYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk havlng advertised a public hearing for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Habitat for Humanity in the Roanoke Valley, Inc., that a certain 250 foot portion of Spottswood Avenue, S. W., bounded on the north by Cleveland Avenue, on the west by Official Tax No. 1221009, on the east and south by property owned by Norfolk Southern Corporation, and on the east by Official Tax No. 1221101~ and all of that certain 15 foot wide alley bordered on the north by Cleveland Avenue, on the west by Official Tax No. 1221101, and on the east and south by land of Norfolk Southern Corporation, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, September 23, 1994, and Friday, September 30, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the applicant, Habitat for Humanity in the Roanoke Valley, Inc., a humanitarian organization that builds modest homes for iow-income families, desires to close and vacate these undeveloped rights-of-way in order to 9O ACTION: utilize the land therein for the construction of affordable single-family houses; that Norfolk Southern Railway Company plans to donate a specific section of its abutting property to Habitat for Humanity for this humanitarian purpose; and the applicant plans to re- subdivide existing lots and rights-of-way to create a limited number of buildable lots for single family development. The Planning Commission recommended that Council approve the request for closure, subject to the following conditions: The applicant shall submit to the City, for review and approval, and recordation in the Office of the Roanoke City Circuit Court, a subdivision plat, providing for the following: disposition of the land within the right-of-way to be vacated in a manner consistent with requirements of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended; and retention of appropriate easements, together with the right of public passage over same, for surface and subsurface installation and maintenance of any and all exieting utilities that may be located within the alley right-of-way. If a plat of subdivision is not approved by the City and recorded by the applicant within a period of 12 months from the date of adoption of the ordinance providing for the closure of the subject right-of-way, said ordinance shall be null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards moved that the following ordinance be placed upon its first reading: (#32220) AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of ordinance, see Ordinance Book No. page 457.) The motion was seconded by Mr. Parrott. 56, The Mayor inquired if there were persons present who would like to address council with regard to the request for closure. There being none, Ordinance No. 32220 was adopted, on its first reading, by the following vote= AYES: Council Members Edwards, Parrott, White, W~att and Bowles ....................................... 5. NAYS: Council Member McCadden and Mayor Bowers---2. STREETS AND ALLEYS= Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 10, 1994, at 7=00 p.m., or as soon thereafter as the matter may be heard, on the request of Richard A. Newcomb that an alley extending north to south from Official Tax Nos. 2310701 - 2310705, inclusive, and Official Tax Nos. 2310706 and 2310714, approximately 260 feet from Shenandoah Avenue, N. W., to Centre Avenue~ and an alley extending west to east approximately 275 feet to a point contiguous with the lot line separating Official Tax Nos. 2310710 and 2310711, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, September 23, 1994, and Friday, September 30, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the abovedescribed application was reviewed by the Planning Commission and recommended to Council for approval on November 3, 1993; that Council thereafter adopted Ordinance No. 31779-122093 approving the applicant's request to close the described alleys, but subject to the condition that the applicant would submit to the City, receive approval thereof, and record a subdivision plat in the Office of the Clerk of Circuit Court; and conditions specified that if the subdivision 91 ACTION: plat was not recorded within a period of six months from the date of adoption of the ordinance, said ordinance would become null and void with no further action by Council being necessary, was before Council. It was explained that inasmuch as the applicant failed to record the required subdivision plat within the specified time limit, Ordinance No. 31779-122093 became null and void upon expiration of the specified six month period; and the applicant has therefor requested that Council again approve his application in order to re- enact the legal standing and substance of the closure by City ordinance. The City Planning Commission advised that the matter was re-heard on September 7, 1994, and received unanimous approval; and in view of the fact that nothing of substance has changed with regard to the matter since it was originally approved by Council on December 20, 1993, the original report and recommendation of the Planning commission is submitted to Council for review. (For full text, see report on file in the City Clerk's Office.) Richard A. Newcomb, appeared before Council in support of the request. Mr. Parrott moved that the following ordinance be placed upon its first reading: (%32221) AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 56, page 459.) The motion was seconded by Mr. McCadden. The Mayor inquired if there were persons present who would like to address Council with regard to the request for closure. There being none, Ordinance No. 32221 was adopted, on its first reading, by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... 0. 93 TAXES-LEGISLATION-SPECIAL PERMITS: The City Clerk having advertised a public hearing for Monday, OCtOber 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard on the request of the House of Care of Southwest Virginia, Inc. (Ronald McDonald House), with regard to adoption of a resolution in support of the organization's request to obtain tax-exempt status from the General Assembly of Virginia of property owned by the organization in the City of Roanoke used by it exclusively for charitable purposes on a non-profit basis, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Monday, October 3, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Manager advising that Commonwealth Health Services, Inc., was the original owner of record of what is now called House of Care of Southwest Virginia, Inc., which enjoyed tax-exempt status from the Virginia General Assembly until the property was transferred to Carilion Enterprises, Inc., (taxable status), on September 9, 1993; that the Commissioner of the Revenue has placed the property on the City's Real Estate and Personal Property taxable roll as a result of the change in ownership; that the House of Care of Southwest Virginia, Inc., petitioned Council on September 12, 1994, for adoption of a resolution in support of the organization's request to obtain tax exempt status from the Virginia General Assembly on personal property located in the City of Roanoke; and House of Care of Southwest Virginia, Inc., does not own real property in the City and intends to remain a lessee of the property described as Official Tax No. 4070102, was before Council. It was further advised that Council adopted Resolution No. 30884-021892 on February 18, 1992, to establish guidelines for organizations seeking support for exemption from taxation. The City Manager recommended that Council grant the request of House of Care of Southwest Virginia, Inc., for City Council's support of its request to the 1995 Virginia General Assembly to be designated exempt from ACTION= taxation, pursuant to Article X, Section 6(a)6 and Article IV, Section 58.1-3650 et seq. of the Constitution of Virginia. (For full text, see report on file in the City Clerk's Office.) Sara B. Winn, Attorney, appeared before Council in support of the request of the petitioner. Mrs. Bowles offered the following resolution~ (%32222-101094) A RESOLUTION supporting tax exemption of property owned by the House of Care of Southwest Virginia, Inc., in the City of Roanoke used by it exclusively for charitable purposes on a non-profit basis. (For full text of Resolution, see Resolution Book No. 56, page 431.) Mrs. Bowles moved the adoption of Resolution No. 32222-101094. The motion was seconded by Ms. Wyatt. The Mayor inquired if there were persons present who would like to address Council in connection with the request for tax exempt status. There being none, Resolution No. 32222-101094, was adopted by the following vote: AYESI Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... BoNDS/BOND ISSUES-SCHOOLS: The City Clerk having advertised a public hearing for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of the Roanoke City School Board with regard to the proposed issuance of bonds by the City of Roanoke to provide funds, together with other available funds, to finance certain capital projects for school purposes, in an estimated maximum amount of $4.2 million, for improvements and additions to Virginia Heights Elementary School and Morningside Elementary School, the matter was before the body. ACTION: Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Sunday, September 25, 1994, and Sunday, October 2, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the Roanoke City School Board advising that the Board adopted a resolution for the Roanoke City Public Schools to participate In the 1994 Vlrgtnia Public School Authority (VPSA) bond issue and to request the City of Roanoke to issue its general obligation school bonds in an amount not to exceed $4.2 million for improvements and additions to Virginia Heights Elementary school and Morningside Elementary School; and Council adopted a resolution authorizing applicat£on to the VPSA and issuance of general obligation bonds In an amount not to exceed $4.2 million, was before the body. (For full text, see report on file in the City Clerk's Office.) William L. Murray, Director of School Services, appeared before Council in support of the request. Ms. Wyatt offered the following resolution: (#32223-101094) A resolution authorizing the issuance of not to exceed $4,200,000 general obligation school bonds of the City of Roanoke, Virginia, Series 1994 A, to be sold to the virginia Public School Authority and providing for the form and details thereof. (For full text of Resolution, see Resolution Book NO. 56, page 433.) Ms. Wyatt moved the adoption of Resolution No. 32223-101094. The motion was seconded by Mr. McCadden. The Mayor inquired if there were persons present who would like to address Council in connection with the request of the School Board for issuance of general obligation school bonds. There being none, Resolution No. 32223-101094, was adopted by the following vote= AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... 0. HOUSING/AUTHORITY-PLANNING: The City Clerk having advertised a public hearing for Monday, October 10, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke Redevelopment and Housing Authority with regard to Amendment No. 3 to the Deanwood community Redevelopment Project, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-NeW~ on Friday, September 30, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A communication from the Executive Director, City of Roanoke Redevelopment and Housing Authority, advising that the Board of Commissioners held a public hearing and approved Amendment No. 3 to the Deanwood Redevelopment Plan on September 6, 1994, was before Council. It was explained that the Redevelopment Plan has been amended for the following reasons: To change the land use along the north side of Orange Avenue (U.S. Route 460 between Plantation Road and Hollins Road, N. E.) from Light Industrial to Highway Commercial, which change is based on the following considerations~ The proposed commercial use of improved property located in the area is not allowed by the present Land Use Plan. Owners of unimproved property in the area feel a commercial use is more appropriate for the area. The Housing Authority, in consultation with the City's Economic Development and Planning Departments, determined that the development potential for the area is greater as a Highway Commercial Use than as a Light Industrial Use. 97 ACTION: The test of Sections C.2.b.1.),C.2.b.2.) C.2.b.3.),and C.2.b.4.) were revised to bring these regulations and controls into conformance with the City of Roanoke's Zoning Ordinance. The Redevelopment and Housing Authority requested that Council consider and approve Amendment No. 3 ko the Deanwood Redevelopment Plan. A report of the City Planning Colamission recommending approval of the proposed amendments to the redevelopment plan for Deanwood, was before council. (For full text, see communication and report on file in the City Clerk's Office.) H. Wesley White, Jr., Director of Development, appeared before Council in support of the request. Mrs. Bowles offered the following resolution= (%32224-101094) A RESOLUTION approving Amendment No. 3 to the Redevelopment Plan for the Deanwood Community Development Project. (For full text of Resolution, see Resolution Book No. 56, page 445.) Mrs. Bowles moved the adoption of Resolution No. 32224-101094. The motion was seconded by Mr. McCadden. The Mayor inquired if there were persons present who would like to address Council in connection with the proposed amendments. There being none, Resolution No. 32224-101094, was adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................. 7. NAYS: None ....................................... O. ZONING-STREETS AND AT.LEYS: In connection with future public hearings to be held by Council, the Mayor requested that the City clerk advise attorneys/ petitioners that failure to be represented could result in a deferral of the request until a later date. OTHER HEARINGS OF CITIZENS= None. 98 There being no further business, the Mayor declared the meeting adjourned at 7=40 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Mayor ROANOKE CITY COUNCIL .......... D-DAY MEMORIAL COMMITTEE October 10, 1994 12:30 p.m. A Joint informal meeting of the Roanoke City Council and the D-Day Memorial Conuaittee was called to order on Monday, October 10, 1994, at 12:30 p.m., in the Social Services Conference Room, Room 306, Municipal North, with Mayor David A. Bowers and Chairperson J. Robert Slaughter presiding. COUNCIL MEMBERS PRESENT: Elizabeth T. Bowles, John S. Edwards, Delvis O. McCadden, John H. Parrott, William White, Sr., Llnda F. Wyatt and Mayor David A. Bowers ......................... 7. COUNCIL MEMBERS ABSENT: None ............................... 0. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Rltchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. D-DAY MEMORIAL COMMITTEE MEMBERS PRESENT: Berkeley H. Riley, Jack B. Coulter, Norman E. Elmore, W. B. Rosson, William H. Flannagan, William B. Bagbey, Stuart A. Barbour, Daniel E. Karnes; and Alphonzo L. Holland, Catherine T. Benson, Secretary, Byron R. Dlckson, Architect, J. Lee E. Osborne, Attorney and J. Robert Slaughter, Chairperson. OTHERS PRESENT: Willard N. Claytor, Director of Real Estate Valuation; and William F. Clark, Director of Public Works. The Mayor welcomed all participants and advised that it was Council's pleasure to host the joint meeting of City Council and the D-Day Memorial Committee. He recognized Council Member Bowles who previously served as Chairperson of the D-Day Memorial committee, J. Robert Slaughter, current Chairperson, and other members of the Committee. The Mayor then called upon the City Manager for a presentation in connection with proposed sites; whereupon, Mr. Herbert advised that three sites were most recently considered by representatives of the D-Day Memorial Committee, taking into consideration the following criteria: (1) in view of the D-Day Committee's interest in moving ahead with the project, the sites would be in the sole control of City Council and not property that would have to be acquired, assembled or rezoned, etc.; (2) the D-Day Memorial would be seen as an enhancement to surrounding properties; and (3) the Memorial would be located in an area that would attract attention because of long term interest in educating future generations about 100 what took place during this particular event in history. explained that City staff has proposed three sites that meet a three of the above listed criteria, i.e.= the plaza area at the Roanoke Civic Center, the newly realigned Franklin Road Corridor, and Entranceway Park; however, the City's preferred location is Entranceway Park. william F. Clark, Director of Public Works, advised that in studying the matter, City staff searched for a location that would have accessibility, visibility and proximity to the heart of the Roanoke region. He referred to maps orienting the group to Entranceway Park which is in close proximity to Hotel Roanoke, 1-81 with 42,000 vehicles per day, 1-581 bringing approximately 74,000 vehicles per day into the vicinity of downtown Roanoke, Orange Avenue/Route 460 from the Tidewater area with approximately 50,000 vehicles per day, the Blue Ridge Parkway to the south with its one million visitors, and the Roanoke Regional Airport which is located ur miles of the site. Also, he pointed out that the ith n_ o Association, with approximately customers in a p~a o£ .a ~et~?j? JC~'~ two bi~ck radius of the proposed , He added that downtown Roanoke and approximately one block away. the historic market area, along with a number of cultural and other types of attractions, are within six blocks of the Entranceway Park location, that approximately 39,000 persons visit the Roanoke valley Convention and Visitors Bureau per year from 48 states and 18 foreign countries seeking information on the Roanoke Valley, and this week alone, the Virginia Museum of Transportation attracted approximately 30,000 visitors from all over the country who attended a special rail activity. Mr. Clark displayed photographs of Entranceway Park bounded Wllliamson Road, Wells Avenue and commonwealth Avenue. He referred to activity currently taking place in ~ vicinity of the Hotel Roanoke and presented a photograph of area approximately six months ago before construction activity on Wells Avenue commenced, compared with a photo enhanced version of the minimal effect of the roadway on the proposed Memorial site. He presented artist's renderings showing the nature of enhancements on Wells Avenue and advised that if one were standing at the corner of Commonwealth Avenue and Wells Avenue looking west, one would see decorative paver inserts and cross-walks, decorative treatments to the sidewalk, enhanced street lights, decorative floral arrangements and an entranceway sign to the Historic Gainsboro neighborhood. Mr. Clark called attention to benefits of the site such as accessibility and visibility, advising that the City has committed to spend $643,000.00 of City funds for enhancements in connection with the Wells Avenue project which is over and above the highway project. He called attention to 1-581 with its 74,000 vehicles per day and a ramp immediately adjacent to the site, advising that City 101 staff is currently working with Virginia Department of Transportation officials to install guide signs directing motorists to the Hotel Roanoke/Conference Center, and the potential exists of another Interstate guide sign on 1-581 and 1-81 directing motorists to the D-Day Memorial. He noted that the Entranceway Park site presently contains a fountain centered in a shallow circular pool constructed on paving stones, an expansive lawn with an underground sprinkler system which Is bordered by magnolia trees and other plantings, with existing improvements valued at approximately $100,000.00. He advised that City crews currently maintain the site and will continue to maintain improvements at an annual cost of approximately $10,000.00, and the Office of Real Estate Valuation has assessed the available 31,135 square feet at a value of $451,000.00. Mr. Clark stated that the site is within walking distance of the Hotel Roanoke/Conference Center complex due to open tn the spring of 1995, with 332 hotel rooms and banquet seating for 1,100 persons in the conference center~ that the downtown historic market area ts within three blocks of the proposed site along with numerous restaurants, and the Roanoke Valley Convention and Visitors Bureau, Center In The Square, and various other cultural attractions and tourist amenities are within walking distance of the proposed Entranceway Park location. He called attention to the Virginia Museum of Transportation which is within four blocks of the proposed location, housing many fine exhibits of vintage train cars that attract persons from all over the world, as well as the Roanoke Civic Center that attracts hundreds of thousands of visitors each year for a multitude of events. He noted that the Roanoke Valley Convention and Visitors Bureau has indicated that it will include the D-Day Memorial in its vicinity map and as a part of its walking tour if it is the desire of the D-Day Committee to construct the monument at Entranceway Park. The City Manager pointed out that Council has linked the downtown back to the Conference Center area with the pedestrian bridge which will be user friendly with escalators and elevators to transport visitors to grade level at the front of the hotel and the conference center. He advised that City staff believes, without knowing what is to be built, that all three of the proposed sites can work, but the City would like to work with the D-Day Committee on a site that the Committee believes will work. As with any project, he stated that there will be ongoing discussions about the impact on surrounding neighborhoods, whether it be residential or commercial, therefore, it will be necessary to conduct a public participation process in which the City Planning Commission will be briefed on the design for the Memorial and citizens of the community will have an opportunity for comments/Input. In regard 102 to the parking situation, he called attention to the parking lot owned bythe City of Roanoke Redevelopment and Housing Authority in the vicinity of Entranceway Park, advising that it would be the City's intent to address parking for visitors to the Memorial at that location. Mr. Slaughter advised that he was impressed with Mr. Clark's presentation in regard to Entranceway Park, and noted that even though the matter has not been discussed by the full D-Day Committee, he did not believe that the other two sites would be suitable locations for the Memorial. He called attention to a meeting to be held on Tuesday, October 11, 1994, of the D-Day Committee to discuss the matter, and advised that he was impressed with the Entranceway Park site, with some exceptions. Mr. Flannagan inquired as to which area around the fountain is proposed; whereupon, Mr. Clark responded that it is the 31,000 square feet bordering between Williamson Road, Wells Avenue and Commonwealth Avenue which is the triangular shaped area coming off of the interstate. Mr. Coulter inquired as to what will happen to the fountain; whereupon, Mr. Clark advised that the City's expectation is that the D-Day Committee's architect would consider whether to incorporate the water aspect of the fountain with the Memorial, because the City believes that the water aspect could be an enhancement to the Memorial. Mr. Flannagan inquired as to whether Howard's Car Care will remain on Commonwealth Avenue; whereupon, the City Manager called attention to the need to confine discussion to the site that has been offered by the City, advising that the owner of the company has worked hard to support certain persons in terms of employment and it would be a mistake to go into the Commonwealth Avenue area, however, if there are screening or visual problems to be addressed, the architect could recommend solutions. Mr. Dickson asked the City Manager to elaborate on the City's policy in regard to parking or a set aside for parking in the parking lot across the street from Entranceway Park; whereupon, the City Manager advised that the property is owned by the Roanoke Redevelopment and Housing Authority as the result of funds provided to the Housing Authority by the City. He stated that it would be his proposal that the City provide parking at no cost for visitors to the D-Day Memorial. Mr. Barbour inquired if the parking lot will also be used for hotel parking; whereupon, the City Manager advised that there are 330 rooms in the hotel, with approximately 510 on site parking spaces. He stated that there will be more than ample parking on the site for both hotel customers and persons from the community who would be attending special activities. If one assumes a 100 103 per cent occupancy rate for the Hotel Roanoke, he explained that the basis in terms of hotel rooms is not quite one car per room; that it is recognized that there will be special occasions during the year that will attract large numbers of persons and there will be a need to make accommodations through special transportation, however, for the vast majority of the time, it is his understanding that after the formal dedication and annual ceremonies at the hotel/conference center, the visitation level will mostly consist of persons coming tn search of the Memorial because of its historic value. Mr. Dlckson inquired if the roadway will be fenced in; whereupon, the City Manager advised that he could not provide those kinds of details at this time because there is a question as to whether or not there will be a charge for hotel parking. Mr. Dickson advised that the D-Day Committee is concerned that access by visitors to the Memorial will be user friendly from the parking lot, that when lots are fenced in they sometimes allow for easy access to the main support element which in this case is the hotel, and visitors to the Memorial should not be forced to go through some type of circuitous route to go from the parking lot to the Memorial. Mr. Dickson inquired if the Memorial is constructed at the Entranceway Park location, would the property become a City park and be maintained as a park in perpetuity; whereupon, the City Manager advised that only City Council could make that decision, but it would be his recommendation that once built, perpetual care would be provided by the City. Mr. Dtckson inquired as to who would maintain control over the design/development process, and what would be the involvement of the City Planning Commission. He explained that the D-Day Committee wishes to have total design control for purposes of development and does not wish to be guided by external influences. The City Manager advised that during a recent meeting, it was pointed out that the City Planning Commission deals with such matters, and if there is any type of violation in regard to height restrictions or setback requirements and other types o~ violations, the D-Day Committee would be guided back by the Planning Commission in order to remain within the necessary confines. The City Attorney advised that if the Entranceway Park site is selected, the monument would be located in a historic district, therefore, it would not be subject to Architectural Review Board guidelines. He stated that the project would go through the City Planning Commission review process and then to Council inasmuch as the project would be located within a public park and improvements in parks are subject to provisions of the City's Comprehensive Plan. 104 the flood plain and inquired insurance or some type of trust advised that he would study the matter and advise the Committee accordingly. Mr. Coulter pointed out that if the monument occupies approximately 15,000 square feet, and how many persons could be seated for a special ceremony. He called attention to the concern of some members of the Board that the space is so limited that it might not provide enough opportunity for outdoor ceremonies that require considerable seating capacity. The City Manager called attention to special arrangements that ere addressed by the City for neighborhood celebrations, downtown celebrations and/or other festivals In which streets have been closed to thru traffic and other arrangements have been made, which could also be done for activities connected with the Memorial. He stated that council has spoken strongly about the Memorial, and he senses Council's desire to make the project work es long as it works not only for the D-Day Committee, but for the Roanoke community as a whole. Mr. Rossin called attention to two important criteria rdless of which site is selected, atmosphere and reverence, r~g~ ............. d their families will approach .the sin ~na~ V~ aovl g a deep sense of awareness of sacrifices that ~ave monument with been made and an aura of serenity should prevail. He pointed out that the Entranceway Park site is an active location, with traffic noise from Wllliamson Road and Wells Avenue, and as attractive as the site is in terms of accessibility and visibility, there is an infringement on the element of serenity and reverence that should accompany any memorial of this type. Mr. Barbour inquired as to who will hold title to the pedestrian walkway from the hotel to downtown} whereupon, the City Manager responded that the City will hold title. Mr. Barbour called attention to the need to educate the public as to the location of the monument and suggested that photographs of the Memorial be placed along the pedestrian walkway, and in the hotel/ conference center to generate interest and to encourage persons to visit the Memorial. Mrs. Bowles advised that thousands of young people are bused to Roanoke each year from surrounding school systems and the Memorial could be a part of their continuing education as they visit Center In The Square and various other City attractions. In addition to the Entranceway Park site, Mr. Dickson inquired if the City plans to offer other incentives/resources for consideration by the D-Day Memorial Committee; whereupon, the City Manager called attention to the quality of work currently in progress, or soon to be in progress, between Jefferson Street, Williamson Road and Wells Avenue, and advised that after the 105 Committee receives a better understanding of the scope of improvements such as curb, gutter, decorative lighting, decorative sidewalks, plantings, trees, etc., all of which total a net worth of approximately $650,000.00, he would hope that the Committee would come to the realization that a sizeable investment has already been made on the part of the City. Vice-Mayor Edwards stated that he hoped the D-Day Committee would seriously consider the City's proposal because Roanoke is the appropriate location for the monument. He advised that Entranceway Park is an excellent location in terms of visibility and accessibility. Mrs. Bowles advised that members of Council are in agreement in extending a strong invitation to the D-Day Foundation to build the monument in the City of Roanoke; that City staff is committed to the project, and called attention to a communication from the City Manager addressed to William H. Flannagan, Chairman of the D- Day Committee, dated June 17, 1991, expressing a sincere desire on the part of the City Administration to work with the D-Day Memorial Foundation to locate a Memorial in the City of Roanoke. Mr. Riley inquired as to whether or not the site could be enlarged in the future to accommodate a museum, if there will be future encroachment on the property by the City, if restroom facilities will be provided, and if the City will provide appropriate security. He noted that until those questions are answered, he would not be willing to make a decision on the proposed site. Mr. Dlckson advised that if the D-Day Foundation conceptually agrees that the Entranceway Park site is to be selected, the specifics of items addressed by Mr. Riley could be resolved at a later date. Ms. Benson requested that the City Manager define the term "perpetual care"; whereupon, Mr. Herbert advised that he would fax a statement to her before the close of the working day. Mr. Slaughter advised that the D-Day Foundation will meet on Tuesday, October 11, 1994, to discuss the City's proposal and to vote on a site. On behalf of the D-Day Memorial Committee, he expressed appreciation for the opportunity to meet with the Members of Council. Ms. Wyatt advised that she understands the need for reverence and serenity, and called attention to what was one of the most moving experiences of her life when she visited the Vietnam Monument which is located approximately 100 feet from one of the busiest city streets in Washington, D. C. She pointed out that teachers bring children to Roanoke from a 100-150 mile radius, therefore, construction of the monument in the City of Roanoke would provide the best location for students from Jurisdictions surrounding the Roanoke Valley. 106 The Mayor advised that the City of Roanoke has put forth its best efforts and invitation, that three proposals were submitted, er, the third proposal, Entranceway Park, appears to be the Cit s best offer. He stated that even though there are certain how~ the questions about surrounding areas, parking, security, etc., site has its pluses and minuses, however, accessibility and visibility are primary assets because the monument would be located in the heart of the destination center of western Virginia. On behalf of the Members of Council, the Mayor advised that he would be remiss if he did not express appreciation for the service that each member of the D-Day Foundation provided to our country as a veteran of the armed services, and all citizens should honor those who have qiven thelr lives and participated in conflict on behalf of our American freedoms. There being no further business, the Mayor declared the ~oint meeting adjourned at 1:35 p.m. APPROVED ATTEST~ Mary F. Parker City Clerk Mayor 107 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL October 24, 1994 10:00 a.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, October 24, 1994, at 10:00 a.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reqular Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members John H. Parrott, William White, Sr., Linda F. Wyatt, Elizabeth T. Bowles, John S. Edwards and Mayor David A. Bowers .................................................. 6. ABSENT: Council Member Delvis O. McCadden .................. 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; William X Parsons, Assistant City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend Rebecca P. Tingler, Minister of Music and Adults, Lynn Haven Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. BUDGET-LEGISLATION-CITY GOVERNMENT-PROCLAMATIONS- MISCELLANEOUS: The Mayor issued a proclamation declaring October 24 - 30, 1994, as Unfunded Mandates Week throughout the City of Roanoke. (For full text, see proclamation on file in the City Clerk's Office.) ACTS OF ACKNOWLEDGEMENT-NEIGHBORHOOD ORGANIZATIONS: Mr. White advised that on October 20, 1994, he attended an activity of the Northwest Neighborhood Environmental Organization, at which time he was pleased to accept a Certificate of Appreciation issued to Roanoke City Council in recognition of outstanding service to the Northwest Enviro~mental Organization and for making Roanoke a better place to live. He presented the Certificate to the Mayor for appropriate display. 108 ACTION: ACTION: CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called speciflc attention to a request for an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council. MINUTES: Minutes of the Organizational Meeting of Council held on Tuesday, July 5, 1994~ the regular meetings of Council held on Monday, July 11, 1994, and Monday, July 25, 1994~ and the Joint meeting of Council and the School Board held on Monday, July 2§, 1994, 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. Edwards and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) COMMITTEES-COUNCIL= A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and · committees appointed by Council, pursuant to Section 2.1- 344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities~ boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (19§0), as amended. The motion was seconded by Mr. Edwards and adopted by the following vote= 109 ACTION: ACTION: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and MayorBowers ....................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) OATHS OF OFFICE-COMMITTEES-TRAFFIC: A report of qualification of Troy M. White as a member of the City of Roanoke Transportation Safety Commission, for a term ending October 31, 1996, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................... NAYS: None ....................................... 0. (Council Member McCadden was absent.) OATHS OF OFFICE-COMMITTEES-SCHOOLS: A report of qualification of Margaret M. Grayson as a member of the Virginia Western Community College Board, for a term ending June 30, 1998, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: 110 BUDGET-GRANTS-CMERP-SCHOOLS-EQUIPMENT-CITY JAIL- YOUTH: A communication from the Roanoke City School Board requesting appropriation of funds to the follow£ng school accounts, was before Council. Grant No. 6773 $27,000.00 for the Adult Education in the Jails Program for 1994-95 to provide pass- through funds to be used for instruction to inmates in the Roanoke City and Roanoke County Jails to aid in their acquisition of the GED Certificate. The Program will be reimbursed 100 per cent by Federal funds. Grant No. 6774 $98,898.00 for the Regional Adult Literacy and Basic Education Program for 1994-95 to provide funds for the administration of adult literacy programs. The Program will be subcontracted through Total Action Against Poverty, and Federal funds will pass through the Roanoke City Public SchoolS. Grant No. 6818 $20,150.00 for the Artist Education Program to provide funds for the enhancement of the district's arts program by bringing experts into the schools for student workshops. The Program will be reimbursed by Federal funds in the amount of $8,900.00 with a local match In the amount of $11,250.00. Grant No. 6927 $5,000.00 for the Roanoke River Outreach Pilot Program to provide environmental education and to develop curriculum on river environments. The Program will be reimbursed 100 per cent by State funds. It was further advised that the School Board requests appropriation of $353,245.00 in 1994-95 Capital Maintenance and Equipment Replacement Fund, with the proceeds to be used for purchase of instructional and 111 ACTION= administrative computers, purchase of radios to communicate between school buses and school administrators, purchase of operational furniture and equipment, alteration and upgrade of elementary school classrooms, alteration of grounds, replacement of grounds maintenance equipment and technical inspections for the replacement of roofs. A report of the Director of Finance concurring in the request of the School Board advising that the Artist in Education grant requires a local match of $11,250.00, which is available in the following accounts, was also before Council. Account No. Account No. Account No. 030-060-6001-6201-0588) 030-060-6001-6101-0588 030-060-6001-6004-0588 $5,000.00 1,500.00 4,750.00 In connection with the $353,245.00 representing the School's portion of the CMERP, the Director of Finance advised that this is the second appropriation of the School Board's Fiscal Year 1994 CMERP funding of $2,020,436.00, which leaves an unappropriated balance of $784,889.00. (For full text, see communication and report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance= (#32225-102494) AN ORDINANCE to amend and reordain certain sections of the 1994-95 School and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 462.) Mr. White moved the adoption of ordinance No. 32225- 102494. The motion was seconded by Mr. Parrott. Ms. Wyatt advised that Council has previously discussed the adult education program in the Roanoke City Jail, and the possibility of expanding the program to provide more staff. She stated that concern has also been expressed as to whether some type of follow-up program could be provided once inmates are released from the Roanoke City Jail, and inquired if consideration has been given to rewriting Grant No. 6773, Adult Education in the Jails Program, to incorporate additional staff and follow-up services. 112 Richard L. Kelley, Assistant Superintendent for Operations, advised that the item is a formula type of grant in which the City receives an established amount of funds based on local population, therefore, this specific grant could not be rewritten to obtain funds for the Adult Education Program in the City Jail. He added that the City and the schools could explore, Jointly, competitive types of grants that might be available to assist with the jail program. He explained that in April 1994, the school system was notified by the State that as of that date all funding for the Juvenile education program was eliminated, therefore, this year the City and the schools Jointly funded the program. He expressed concern in regard to further funding cuts by the State and suggested that as a part of the 1995 Legislative Program, the City and the Schools might encourage area legislators to increase funding for programs that will have a direct impact on the Juvenile and adult Jail population of the City. The Mayor requested that the City Attorney include an item in the City's 1995 Legislative Program encouraging the General Assembly to continue funding and/or to increase funding for educational programs that benefit the Juvenile and adult Jail population of the City of Roanoke. Ordinance No. 32225-102494 was adopted by the following vote: AYES: Council Members Parrott, white, Wyatt, Bowles, Edwards and Mayor Bowers ....................... 6. HAYS: None ....................................... 0. (Council Member McCadden was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-SEWERSANDSTORMDRAINS-CONSULTANTSREPORTS- WATER RESOURCES-CITY CHARTER-PUBLIC WORKS-LEGISLATION: The City Manager submitted a written report advising that the City of Roanoke, Roanoke County, City of Salem, Tow~ of Vinton, and Botetourt County received a Special Consent Order from the State Water Control Board in June 1992 to address infiltration/inflow being experienced at 113 the Water Pollution Control Plant; that infiltration/ inflow (I/I) Is the term for unwanted water (e.g., stormwater and ground water) that enters the sanitary sewer system from areaway drains and cracked or broken sewer lines and manholes~ and the Special Consent Order specified several dates for conformance, as follows: submit a Sewershed Evaluation Plan to the State Water Control Board no later than September 30, 1992~ submit an approvable list of proposed infiltration/inflow corrective action projects no later than December 1, 1992~ and submit a report quantifying the success of the projects tn reducing infiltration/inflow to the Water Pollution Control Plant no later than July 31, 1993. It was explained that the Sewershed Evaluation Plan was submitted to the State Water Control Board on September 9, 1992~ that the City proposed to submit six of a total of 1§ sewersheds within its boundaries in Its Sewershed Evaluation Plan as an initial effort in meeting the conditions of the Consent Order, and it was decided that identifying and correcting the problems in these six areas would have the most significant impact on reducing infiltration/inflow to the plant in the most cost effective manner posstble~ that on November 2, 1992, Council awarded Engineering Services Contracts to Mattern & craig, Inc., and Anderson & Associates, Inc., for Sanitary Sewershed Evaluation Plan Implementation and Project Identification~ that projects were identified and an Agreement for Consultant Services with Hayes, Seay, Mattern & Mattern, Inc., was approved by Council on September 27, 1993, in the amount of $134,965.00~ and identified projects previously approved are as Shaffers Crossing Sewershed - Project SC-9 Garden City Sewershed - Project GC-1 Murray Run Sewershed - Project MR-2 It was explained that the Murray Run MR-1 project is being activated from initial flow monitoring through design, construction inspection, and final flow monitoring, at a cost of $77,113.00~ that purchase of flow meters versus rental meters will produce a savings to the City of $826.00, and future savings will be recognized as flow meters are used on additional projects} and net increase in the contract amount is $98,041.00. 114 ACTION: ACTION: The City Manager recommended that he be authorized to execute Amendment No. I to the engineering services agreement with Hayes, Se&y, Mattern & Mattern, Inc., in a form to be approved by the City Attorney; and that Council appropriate $98,041.00 from the Sewer Fund Retained Earnings Account to Sewershed Rehabilitation Projects, Account No. 003-056-8460-9055. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (932226-102494) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Sewage Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 465.) Ms. Wyatt moved the adoption of Ordinance No. 32226-102494. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) Ms. Wyatt offered the following resolution: (#32227-102494) A RESOLUTION authorizing the execution of Amendment No. 1 to the City's contract with Hayes, Se&y, Mattern a Mattern, Inc., for additional services to be performed in connection with the Infiltration/Inflow Reduction Design at the Water Pollution Control Plant. (For full text of Resolution, see Resolution Book No. 56, page 466.) Ms. Wyatt moved the adoption of Resolution No. 32227-102494. The motion was seconded by Mr. White and adopted by the following vote: 115 AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and~¥orBowers ....................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) SEWERS AND STORM DRAINS-CITY PROPERTY-MOUSING! AUTHORITY-INDUSTRIES-GRANTS-ECONOMIC DEVELOPMENT-STREETS AND ALLEYS: The City Manager submitted a written report advising that on April 11, 1994, Council accepted a bid submitted by Adams Construction Co., Inc., in connection with Deanwood Industrial Park grading, paving and drainage for approximately 650 feet of Connecticut Avenue, north of Orange Avenue on Hollins Road, as well as additional paving on Pocahontas Avenue, with work having commenced on June 6, 1994. It was further advised that due to an inaccurate topographic map, the existing grade on Pocahontas Avenue needs to be raised to provide for easy access to businesses in the area; that Change Order No. i will provide for the work~ and funds are currently encumbered in the Deanwood Industrial Park Project, Account No. 035- 093-9330-5051, in the amount of $98,493.75, for the contract, and additional funds, in the amount of $12,718.00, are available in the proJec~ contingency to fund the change order: Original Contract Amount Amount of Change Order No. New Contract Amount 98,493.75 5z224.05 ~103,717.80 The City Manager recommended that Council authorize issuance of Change Order No. I to the City's contract with Adams Construction Co., Inc., in the amount of $5,224.05. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: (#32228-102494) AN ORDINANCE approving the City Manager's issuance of Change Order No. i to the City's contract with Adams Construction Co., Inc., in connection with the Deanwood Industrial Park; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 466.) 116 ACTION: Ms. W~att moved the adoption of Ordinance No. 32228- 102494. The motion was seconded by Mr. Parrott and m adopted by the following vote: AYES= Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... O. (Council Member McCadden was absent.) SEWERS AND STORM DRAINS-CONSULTANTS REPORTS-WATER RESOURCES: The City Manager submitted a written report advising that on June 28, 1993, council accepted a bid submitted by E. C. Pace Co., Inc., in connection with Carvins Cove Phase II, Contract C-l, for extension of a water main from the area of Orange Avenue and Williamson Road, generally following 13th Street to the Roanoke River, with work having commenced on September 9, 1993. It was further advised that the Water Department desires to place the water main for Contract C-2 into service as soon as possible, therefore, it is necessary to install additional valves and water main In Contract C-1, which additional work is located tn the general vicinity of the Water Pollution Control Plant) that the contractor has proposed installation of two additional valves, vaults, and 20 feet of 12-Inch water main, at a cost of $8,330.00) and funding is available in Carvins Cove Waterline Account No. 002-056-8371-9065, tn the amount of $1,485,976.80, as follows: Original Contract Amount Change Order No. 1 Amount of Change Order No. 2 New Contract Amount $1,485,976,80 12, 1o.oo) 8~330.00 $1,482,196.80 The City Manager recommended that Council authorize Issuance of Change Order No. 2, in the amount of $8,330.00, to the City's contract with E. C. Pace Co., Inc. (For full text, see report on file In the City Clerk's Office.) Mrs. Bowles offered the following emergency ordinance: 117 ACTION= (%32229-102494) AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with E. C. Pace Co., Inc.~ in connection with Carvtns Cove Filter Plant Improvements - Phase II, Contract C-1~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 467.) Mrs. Bowles moved the adoption of Ordinance No. 32229-102494. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) Mr. Parrott inquired as to whether or not small change orders are required to be submitted to Council for approval} whereupon, the Assistant City Attorney advised that Section 42 of the City Charter requires that change orders, in the amount of $5,000.00 or more, must be approved by City Council, however, if Council so desires, it could recommend a City Charter amendment. The City Manager advised that if requested by Council, he would provide pertinent information with regard to change orders, and pointed out that a request for amendment to the City Charter could be incorporated in the City's 1995 Legislative Program. In summary of the discussion, the Mayor advised that Council requests that the City Manager submit a report with regard to alternativos in lieu of submitting individual change orders for various construction contracts, and that the City Manager provide information regarding procedures followed by other Virginia localities, the number of change orders approved by Council within the past six to twelve months, and the question of establishing a dollar threshold and/or percentage of total contract at which point change orders will be submitted to Council for approval. HOUSING/AUTNORITY-GRANTS-FDETC-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH~ The City Manager submitted a written report advising that as a part of the Community Development Block Grant (CDBG) application approved by Council on May 9, 1994, pursuant to Resolution No. 31977-050994, Council authorized a grant 118 to the Fifth District Employment and Training Consortium for the Hotel Roanoke Employment Training Program~ that the City has received approval from the U. S. Department of Housing and Urban Development for the CDBGapplication by communication dated June 10, 1994~ and Council authorized acceptance of the 1994-95 CDBG Entitlement and Appropriation Funds for CDBGActivities on June 27, 1994, pursuant to Ordinance No. 32072-062794. It was further advised that the proposed project will assist 100 low to moderate income persons in receiving training for and obtaining employment at the Hotel Roanoke and the adjacent Conference Center through the following three types of programs= conduct a six to ten week training program providing instruction in Job readiness, interview skills and basic Job retention skills~ subcontract with training agencies to provide training in specific Job skills such as bell service, banquet service and desk clerk~ and arrange specialized referrals in and Job training for individuals with special needs. employment identified It was explained that an administrative agreement, in a form to be approved by the City Attorney, is needed between the City of Roanoke and the Fifth District Employment and Training Consortium for the funds to be obligated to the program, in the amount of $110,411.00, with the time of performance to be October 1, 1994 through June 30, 1995} and the administrative agreement will not be executed on behalf of the City without certification of the Director of Finance that funding is available and no funding will be expended under the agreement until the agreement is fully executed by all parties. The City Manager recommended that he be authorized to execute an agreement with the Fifth District Employment and Training Consortium for the Hotel Roanoke Employment Training Program. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: 119 (%32230-102494) A RESOLUTION authorizing an I agreement wit~ the Fifth District Employment and Training Consortiu~ ('FDETC") for Hotel Roanoke Employment Training program. (For full text of Resolution, see Resolution Book No. 56, page 468.) ACTION: Mr. White moved the adoption of Resolution No. 32230-102494. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and MayorBowers ....................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) BUDGET-INSURANCE-CITY EMPLOYEES-BLUE CROSS/BLUE SHIELD-PENSIONS: The City Manager submitted a written report advising that the current comprehensive health insurance contract with Trigon Blue Cross Blue Shield expires on December 31, 1994~ that the City currently contributes 90 per cent toward the "employee only" rater that claims experience from August 1, 1993 to July 31, 1994 totalled $4,188,900.00} and the trend factor, which is the percentage used to calculate anticipated medical inflation, has decreased from 17 per cent to ten per cent in the new contract. The City Manager recommended that Council award a contract for health care insurance coverage to Trigon Blue Cross Blue Shield of Virginia for a period of one year, commencing January 1, 1995, and ending December 31, 1995, with the City's contribution to continue at 90 per cent of the "employee only" premium cost~ and coverage provides for the same level of service from last year, plus the following new benefits: prescription drug card through the Coordinated Care Network, (provides coverage through major pharmacies and many smaller pharmacies in the Roanoke Valley and surrounding area) includes a $5.00 co-pay (co-pay is the amount the employee/subscriber pays) for generic drugs, a $15.00 co-pay for brand name drugs and a 90- day mail order supply with a $10.00 co-payment for generic drugs and $20.00 co-payment for brand name drugs~ 120 ACTION: annual routine physical, including ~necological exams, for covered employees and their covered spouses, which benefit will be covered at 100 per cent of the allowable charge limited to a $60.00 maxlmum per calendar year~ routine mammography screening for female employees and female covered spouses, which benefit is limited to a payment of $50.00 per screening and is based on the age of the participant as follows: one baseline ages 35- 39; one every over year for age 40-49; one ever~ year for age 50+; and annual routine prostate exams for male employees and covered male spouses, which will be covered at 100 per cent (typically, prostate exams cost less than $50.00). The City Manager further recommended that he be authorized to execute the contract, in a form to be approved by the City Attorney, for a period of one year beginning January 1, 1995, and ending December 31, 1995, at rates set out in the report, and pursuant to the terms and conditions contained in the City's present contract with such firm, except as otherwise noted in the City Manager's report, and with the understanding that Trigon Blue Cross Blue Shield of Virginla will provide the City Manager with said contract for execution no later than December 15, 1994. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following resolution: (#32231-102494) A RESOLUTION authorizing the execution o~ a contract and related documents with Trigon Blue Cross Blue Shield to provide group hospitalization and health insurance for employees of the City and members of their families. (For full text of Resolution, see Resolution Book No. 56, page 469.) Mr. Edwards moved the adoption of Resolution No. 32231-102494. The motion was seconded byMr. Parrott and adopted by the following vote: 121 AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS= None ....................................... 0. ACTION= ACTION: (Council Member McCadden was absent.) Mr. Edwards moved that the concept of including City retirees under the same risk pool as City employees for purposes of health insurance coverage be referred to 1995-96 budget study. The motion was seconded by Ms. Wyatt and adopted. DIRECTOR OF FINANCE: BUDGET-DIRECTOR OF FiNANCE-AUDITS/FINANCIALREPORTS= The Director of Finance submitted the financial report for the City of Roanoke for the month of September 1994. (For full text, see financial report on file in the City Clerk's Office.) Mr. White moved that the financial report be received and filed. The motion was seconded by Mr. Parrott and adopted. the Mayor declared the meeting in At 10:55 a.m., recess. At 11:05 a.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member McCadden. CITY ATTORNEY: EASEMENTS-INSURANCE-CITYPROPERTY-SUBDIVISIONS-TOWNE SQUARE/HUNTING HILLS-STREETS AND ALLEYS: The City Attorney submitted a written report advising that pursuant to an Indemnification Agreement dated March 19, 1987, between Towne Square Joint Venture and the City of Roanoke, which was required as a condition of approval of the plat for the Towne Square Subdivision located at the northeast intersection of Aviation Road, N. W., and Hershberger Road, Towne Square agreed to indemnify and hold harmless the City from any and all liability arising out of the existence of recorded easements in favor of Allred Investment Company and Prudential Insurance Company of America; and the agreement was required by the 122 ACTION= City because a portion of Rutgers Avenue dedicated by recordation of the Towns Square plat of subdivision covered areas over which Allred Investment Company and Prudential Insurance Company of America had private ingress and egress easements. It was explained that WM Equity, Inc., a subsidiary of First Union National Bank, acquired the Towne Square Shopping Center by foreclosure several years ago and has been attempting to sell the property~ that the indemnification granted to the City In March 1987 has hindered the efforts of WM Equity, Inc., to sell the shopping center; and counsel for WM Equity, Inc., has requested that the City consider cancelling the Indemnification Agreement. The City Attorney advised that after reviewing the matter and consulting with the Director of Public Works, it is his recommendation that the City agree to cancel the Indemnification Agreement; that inasmuch as seven years have passed since dedication of the public street without any questions having been raised by the easement holders, he is of the opinion that any risk to the City would be de minimis; and further recommended that the City Manager be authorized to execute the necessary deed of release. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following resolution: (%32232-102494) A RESOLUTION authorizing the proper City officials to enter into a deed of release between the City of Roanoke, Virginia and WM Equity, Inc., to provide for the release of an indemnification agreement. (For full text of Resolution, see Resolution Book No. 56, page 470.) Mrs. Bowles moved the adoption of Resolution No. 32232-102494. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and MayorBowers ....................... NAYS: None ....................................... O. (Council Member McCadden was absent.) 123 REPORTS OF CONNI~EES-' BUDGET-TRAFFIC-SIDEWALK/CURB AND GUTTER-BRIDGES- HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH-CONSULTANTS REPORTS-STREETS AND ALLEYS: Council Member William White, Sr., Chairperson of a committee appointed by the Mayor to tabulate bids received for replacement of all curb and sidewalk along the north side of Shenandoah Avenue between Jefferson Street and Wllliamson Road, with installation of new street lights and street trees, presented a written report on behalf of the Committee recommending that Council concur in the following actions: authorize the City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney, with H. & S. Construction Company, in accordance with contract documents, in the amount of $163,919.25, and establish a contingency of $13,080.75, for a total cost of $117,000.00~ appropriate $177,000.00 to Shenandoah Avenue Streetscape, Account No. 008-052-9672-9003, and establish an account receivable from the Virginia Department of Transportation (VDOT) for $12,000.00, with funding sources as follows: undesignated capital funds reimbursement from VDOT total $165,000.00 12t000.00 $177r000.00 appropriate $7,433.50 from Undesignated Capital Funds to Wells Avenue, Account No. 008-052-9547-9003~ authorize the City Manager to execute, on behalf of the City, the appropriate VDOT change orders that deletes $12,000.00 from the Pedestrian Bridge Project and adds $7,433.50 to the Wells Avenue ProJect~ and reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office.) 124 ACTION: ACTION: Mr. Parrott offered the following emergency budget ordinance: (#32233-102494) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 471.) Mr. Parrott moved the adoption of Ordinance No. 32233-102494. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) Mr. Parrott offered the following emergency ordinance: (#32234-102494) AN ORDINANCE accepting the bid of H. & S. Construction Company to replace all the curb and sidewalk along the north side Of Shenandoah Avenue between Jefferson Street and Williamson Road, including installation of new street lights and street trees, upon certain terms and conditions, and awarding a contract therefor~ authorizing the proper City officials to execute the requisite contract for such work~ rejecting all other bids made to the City for the work~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 472.) Mr. Parrott moved the adoption of Ordinance No. 32234-102494. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) Mr. Parrot offered the following resolution: 125 ACTION: (~32235-102494) A RESOLUTION authorizing the execution of amendments to the City's agreements with the Virginia Department of Transportation for the Pedestrian Brldge Project and the Wells Avenue Project. (For full text of Resolution, see Resolution Book No. 56, page 473.) Mr. Parrot moved the adoption of Resolution No. 32235-102494. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (council Member McCadden was absent.) Mr. White requested that Page 3, Part IV, B, Line 6, Recommendation, be revised to delete the figure, $117,000.00, and insert the figure, $170,000.00. EASEMENTS-CITY PROPERTY-INDUSTRIES-TELEPHONE COMPANIES-WATER RESOURCES: Council Member Elizabeth T. Bowles, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of a deed of easement granting Bell Atlantic-Virginia, Inc., a public utility easement across City-owned property located within the Roanoke Centre for Industry and Technology. A staff report advised that Orvis, a major catalog sales company, operates a distribution center in the Roanoke Centre for Industry and Technology; that telephone communications, which Orvis relies heavily on to receive customer orders, will greatly increase in volume in the weeks prior to Christmas~ that additional telephone lines need to be installed prior to the peak Christmas sales period; and an easement across City property described as Official Tax No. 7230101 has been requested by Bell Atlantic-Virginia, Inc., who is responsible for installation of additional telephone lines in order to connect their microwave transmission tower to existing public utility easements. The Water Resources Committee recommended that Council authorize execution of a deed of easement granting a non-exclusive 20 foot utility easement to Bell Atlantic-Virginia, Inc., across City-owned property within the Roanoke Centre for Industry and Technology, said easement to be for installation and maintenance of 126 ACTION: an underground communication facility with any future removal, relocation, or adjustment to be at the sole expense of the grantee, in a form to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowles moved that the following ordinance be placed upon its first reading: (#32236) AN ORDINANCE authorizing the execution of a deed of easement granting Bell Atlantic-Virginia, Inc., a public utility easement across City-owned property located within the Roanoke Centre for Industry and Technology ("RCIT") identified by Roanoke City Official Tax No. 7230101, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 56, page 478.) The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and MayorBowere ....................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) EASEMENTS-CITYPROPERTY-WATER RESOURCES-INDUSTRIES: Council Member Elizabeth T. Bowles, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to relocation, vacation and dedication of a certain waterline easement on property occupied by Lowe's Home Center, Inc. A staff report advised that Lowe's Nome Center, Inc., operates a large retail facility on Towne Square Boulevard, N. W., described as Official Tax No. 6650101; that the City waterline is located adjacent to the southern end of the Lowe's building; that plans for expansion of the Lowe's building into the Garden Center area would place the building over the existing waterline; and relocation of the easement for waterline has been requested by Lowe's Home Center, Inc., to allow expansion of its facility. 127 ACTION= The Water Resources Committee recommended that Council authorize abandonment of the current waterline and acceptance of a new easement and waterline to be installed at the sole expense of Lowe's Home Center, Inc., to City standards, with documents to be prepared by Lowe's Home Center, Inc., in a form to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowles moved that the following ordinance be placed upon its first reading= (%32237) AN ORDINANCE authorizing the relocation, vacation, and dedication of a certain waterline easement on property identified by Roanoke City Official Tax No. 6650101, located in the City of Roanoke, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 56, page 479.) The motion was seconded by Mr. Parrott and adopted by the following vote: AYES= Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 32212 rezoning a tract of land located at 752 Orange Avenue, N. E., bearing Official Tax No. 3042002, from HM, Heavy Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, having previously been before the Council for its first reading on Monday, October 10, 1994, read and adopted on its first reading and laid over, was again before the body, Mrs. Bowles offering the following for its second reading and final adoption: 128 ACTION: ACTION: (#32212-102494) AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 304, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Sook No. 56, page 446.) Mrs. Bowles moved the adoption of Ordinance No. 32212-102494. The motion was seconded by Mr. Parrott and adopted by the following vote= AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) ZONING: Ordinance No. 32213 rezoning a tract of land lying on the east side of Hollins Road, N. E., and the north side of Lindbergh Lane, described as 3103 Plantation Road, N. E., Official Tax No. 3150311, from RM-1, Residential Multi-family, Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner, having previously been before the Council for its first reading on Monday, October 10, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. Parrott offering the following for its second reading and final adoption: (%32213-102494) AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 315, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 56, page 447.) Mr. Parrott moved the adoption of Ordinance No. 32213-102494. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... (Council Member McCadden was absent.) 129 ACTION: ZONING: Ordinance No. 32214 rezoning a 2.12 acre tract of land located off of Townside Road, S. W., bearing Official Tax No. 5490307, from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, having previously been before the Council for its first reading on Monday, October 10, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. White offering the following for its second reading and final adoption: (%32214-102494) AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 549, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 56, page 448.) Mr. White moved the adoption of ordinance No. 32214- 102494. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) ZONING: Ordinance No. 32215 rezoning a 1.717 acre tract of land located at the southerly right-of-way of Orange Avenue (Route 460) at the intersection of Orange Avenue and Walton Street, N. E., and bearing Official Tax Nos. 3221414 - 3221418, inclusive, and 3221735 - 3221741, inclusive; and an adjacent .65 acre tract of land, bearing Official Tax Nos. 3221518, 3221519, 3221520, 3221521, 3221501 and 3221502 from LM, HM and RM-1, Light Manufacturing, Heavy Manufacturing and Residential Multi- family, Low Density Districts, to C-2, General Commercial District, subject to certain conditions proffered in the Second A~ended Petition filed on September 12, 1994, having previously been before the Council for its first reading on Monday, October 10, 1994, read and adopted on its first reading and laid over, was again before the body, Ms. Wyatt offering the following for its second reading and final adoption: 130 ACTION: ACTION: (#32215-102494) AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 322, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 56, page 450.) Ms. Wyatt moved the adoption of Ordinance No. 32215- 102494. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) ZONING= Ordinance No. 32216 rezoning a tract of land containing 0.671 acre located at 207 Bullitt Avenue, S. E., bearing Official Tax Nos. 4013314 and 4013316, from LM, Light Manufacturing District, to C-3, Central Business District, subject to certain conditions proffered by the petitioners, having previously been before the Council for its first reading on Monday, October 10, 1994, read and adopted on its first reading and laid over, was again before the body, Mrs. Bowles offering the following for its second reading and final adoption~ (932216-102494) AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 401, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 56, page 451.) Mrs. Bowles moved the adoption of Ordinance No. 32216-102494. The motion was seconded byMr. Edwards and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and MayorBowers ....................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) 131 ,! ACTION: STREETS ANDALLEYS: Ordinance No. 32217 permanently vacating, discontinuing and closing an alleyway running between Norfolk Southern Corporation Railway right-of-way and U. S. Interstate 581, bounded on both sides by Official Tax Nos. 4013314 and 4013316; and the spur of Third Street, S. E., running between Bullitt Avenue and the aforedescribed alleyway bounded on one side by U. S. Interstate 581 and by real estate owned by the petitioner on the other side, having previously been before the Council for its first reading on Monday, October 10, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. White offering the following for its second reading and final adoption: (#32217-102494) AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 56, page 452.) Mr. White moved the adoption of Ordinance No. 32217- 102494. The motion was seconded byMs. Wyatt and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) STREETS AND~?.EYS: Ordinance No. 32218 permanently vacating, discontinuing and closing a portion of 6 1/2 Street, S. E., bounded on the north by the southern boundary of Morrill Avenue, S. E., bounded on the west by the eastern boundary of Official Tax No. 4141409, and bounded on the east by the western boundary of Official Tax No. 4141530, having previously been before the Council for its first reading on Monday, October 10, 1994, read and adopted on its first reading and laid over, was again before the body, Mrs. Bowles offering the following for its second reading and final adoption: (~32218-102494) AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 56, page 455.) 132 ACTION= ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32218-102494. The motion was seconded byMr. Edwards and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and MayorBowers ....................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) STREETS AND~TJ.EYS: Ordinance No. 32219 permanently vacating, discontinuing and closing a portion of Baker Avenue, between 25th Street and 30th Street, N. W., having previously been before the Council for its first reading on Monday, October 10, 1994, read and adopted on its first reading and laid over, was again before the body. The Mayor advised that the petitioner had requested that action on the second reading of Ordinance No. 32219 be deferred until the next regular meeting of Council on Monday, November 14, 1994, at 10:00 a.m. STREETS ANDALLEYS= Ordinance No. 32220 permanently vacating, discontinuing and closing a certain 250 foot portion of Spottswood Avenue, S. W., bounded on the north by Cleveland Avenue, on the west by Official Tax No. 1221009, on the east and south by property owned by Norfolk Southern Corporation, and on the east by Official Tax No. 1221101; and all of that certain 15 foot wide alley bordered on the north by Cleveland Avenue, on the west by Official Tax No. 1221101, and on the east and south by land of Norfolk Southern Corporation, having previously been before the Council for its first reading on Monday, October 10, 1994, read and adopted on its first reading and laid over, was again before the body, Ms. Wyatt offering the following for its second reading and final adoption= (#32220-102494) AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 56, page 457.) Ms. Wyatt moved the adoption of Ordinance No. 32220- 102494. The motion was seconded by Mr. White and adopted by the following vote: 133 ,! ACTION: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................... 6. IqAYS: None ....................................... O. (Council Member McCadden was absent.) STREETS ANDALLEYS: Ordinance No. 32221 permanently vacating, discontinuing and closing an alley extending north to south from Official Tax Nos. 2310701 - 2310705, inclusive, and Official Tax Nos. 2310706 and 2310714, approximately 260 feet from Shenandoah Avenue, N. W., to Centre Avenue, N. W., and an alley extending west to east approximately 275 feet to a point contiguous with the lot line separating Official Tax Nos. 2310710 and 2310711, having previously been before the Council for its first reading on Monday, October 10, 1994, read and adopted on its first reading and laid over, was again before the body, Mrs. Bowles offering the following for its second reading and final adoption: (#32221-102494) AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 56, page 459.) Mrs. Bowles moved the adoption of Ordinance No. 32221-102494. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) OATHS OF OFFICE-COMMITTEES-INDUSTRIES: Mr. Parrott offered the following resolution reappointing W. Bolling Izard as a Director of the Industrial Development Authority of the City of Roanoke, to fill a four year term commencing on October 21, 1994, and expiring on October 20, 1998~ 134 ACTION= ACTION: (#32238-102494) A RESOLUTION reappointing a Director of the Industrial Development Authority of the City of Roanoke, to fill a four (4) year term on its Board of Directors. (For full text of Resolution, see Resolution Book No. 56, page 474.) Mr. Parrott moved the adoption of Resolution No. 32238-102494. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) OATHS OF OFFICE-COMMITTEES-INDUSTRIES: Mr. Edwards offered the following resolution reappointing J. Darryl Burks as a Director of the Industrial Development Authority of the City of Roanoke, for a term commencing on October 21, 1994, and expired on October 20, 1998: (#32239-102494) A Director of the Industrial City of Roanoke, to fill Board of Directors. RESOLUTION reappointing a Development Authority of the a four (4) year term on its (For full text of Resolution, see Resolution Book No. 56, page 475.) Mr. Edwards moved the adoption of Resolution No. 32239-102494. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................... 6. NAYS: None ....................................... 0. (Council Member McCadden was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: 135 ,! ACTION= TRAFFIC: Mrs. Bowles requested that the City Manager investigate a potentially hazardous traffic situation at the three-way intersection near Lowe's Home Center, Inc., and the new Kroger Superstore in the vicinity of Towne Square. OTHER HEARINGS OF CITIZENS: None. DRUGS/SUBSTANCE ABUSE-YOUTH: A report of the City Manager with regard to activities to be held in cooperation with the Roanoke Valley Drug and Alcohol Abuse Council and the Roanoke Area Youth Substance Abuse Coalition in support of Red Ribbon Week to be held during the last week of October 1994, was before Council. The City Manager explained that the "red ribbon" was designated as the symbol of intolerance of illegal drug use and a commitment to a drug-free life style, which Is an ongoing national campaign, with the last week in October being designated as Red Ribbon Week. He advised that activities include illuminating the Star on Mill Mountain in red from October 24-31, that Valley Metro has placed a red ribbon on the front of each bus tn Its fleet, that businesses are supporting the week in a number of ways, and a press conference on Monday, October 24 at 4:30 p.m., to be held in the Community Center, Lincoln Terrace Housing Development, 1802 Dunbar Street, N. W., will be open to the public. (For full text, see report on file in the City Clerk's Office.) At 11:30 a.m., the Mayor declared the meeting in recess. At 12:00 noon, the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member McCadden. COUNCIL: With respect to the Executive Session Just concluded, Mr. Parrott moved that each Member of City Council certify to the best of his or her knowledge that= (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mrs. Bowles and adopted by the following vote: 136 ACTION: ACTION: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards and MayorBowers ....................... 8. M NAYS: None ....................................... 0. (Council Member McCadden was absent.) OATHS OF OFFICE-COMMITTEES-TRAFFIC: The Mayor advised that the four year terms of Robert K. Bengtson, Acree Hayes, Chauncey Logan and Gary E. Pritchard as members of the City of Roanoke Transportation Safety Commission wlll expire on October 31, 1994, that Mr. Pritchard has declined to serve another term, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the names of Robert K. Bengtson, Acree Hayes, Chauncey Logan and Ramey A. Bower. Sr. There being no further nominations, Messrs. Bengtson, Hayes, Logan and Bower were elected as members of the City of Roanoke Transportation Safety Commission, for terms of four years each, ending October 31, 1998, by the following vote: FOR MESSRS. BENGTSON, HAYES, LOGAN AND BOWER: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....................................... 6. (Council Member McCadden was absent.) Inasmuch as Mr. Bower is not a resident of the City of Roanoke, Mrs. Bowles moved that the City residency requirement for persons serving on authorities, boards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Mr. Parrott and adopted. OATHS OF OFFICE-COMMI'~-~'~ES-ROANOKE NEIGHBORHOOD PARTNERSHIP= The Mayor advised that there is a vacancy on the Roanoke Neighborhood Partnership Steering Committee, created by the resignation of Mary L. Lear, ending November 19, 1997, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Lular R. Lucky. 137 There being no further nominations, Ma. Lucky was elected aa · member of the Roanoke Neighborhood Partnership StesHng Committee to fill the unexpired term of Mary L. Lear, resigned, ending November 19, lgg7, by the following vote: ACTION: FOR MS. LUCKY: Council Members Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers 6. (Council Member McCadden was abeenL) There being no further business, the Mayor declared the meeting adjoumed at 12:00 noon. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 138 REGULAR WEEKLY SESSION ~ ROANOKE CiTY COUNCIL November 14, 1994 10:00 a.m. The Council oftbe City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, November 14, 1994, at 10:00 a.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1,. Reaular Meetinas. of Section 2-t5, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Delvis O. McCsdden, John H. Parrott, William White, Sr., Linda F. Wyatt, Elizabeth T. Bowies, John S. Edwards and Mayor David A. Bowers ......................... : .............. 7. ABSENT: None .... OFFICERS PRESENT: W. Robert HeFnsrt, City Manager;, James D. Ritchie, Sr., Assistant City Manager;, Wilbum C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT: The Mayor presented a "Crystal Star" to Ms. Danice Hunt, winner of the Miss Virginia Senior Citizen Pageant, and first runner-up and talent winner in the Miss America Senior Citizen Pageant, which was held in Joliet, Illinois, on October 3 - 9, 1994. DONATIONS/CONTRIBUTIONS-POLICE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT: On behalf of Allstate Insurance Company and The Allstate Foundation, James Plotta, Regional Vice-President of Roanoke Operations Center, Allstate Insurance Company, presented a check to the City of Roanoke, in the amount of $1,200.00, to be used by the Roanoke Valley Crime Line. On behalf of the City of Roanoke, the Mayor accepted the grant check and expressed appreciation to Allstate Insurance Company and The Allstate Foundation. 139 I REGIONAL C~AMBER OF COMMERCE-LEGISLATION- HOUSING/AUTHORITY MINORITY/WOMEN OWNED BUSINESSES- ECONOMIC DEVELOPMENT-BUSINESS INCUBATORS: The City Manager advised that the Roanoke Valley Chamber of Commerce Task Force on Small Business Growth led by W. Hope Player, along with Phillip F. Sparks, Acting Chief, Economic Development, has worked on the issue of a Small Business Incubator Program for the last four to five yearn; however, only in the last few years has the matter begun to garner the attention and support of the Chamber of Commerce, and on July 25, 1994, the City Manager was requested by Council to prepared an expedited report on the concept of a small business incubator for the City of Roanoke. The City Manager explained that efforts to date have been to attempt to develop a public/private partnership, however, the "lion's share" of funding for these particular types of programs across the country has typically come from the Department of Commerce, that State government has played little or no role in small business incubator programs and there is only one other such program in the Commonwealth of. Virginia which is operational in th.e, City of Lynchburg. He adwsed that on November 10, 1994, Council Member McCadden, Mr. Sparks and Ms. Player, on behalf of the Chamber's Small Business Growth Task Force, met with a Special Assistant to the Governor for Policy Development, Anthony H. Sgro, who recommended that the Roanoke Valley, including City Council, the Roanoke Valley Chamber of Commerce and other elected officials might bolster the request for consideration of the State's role in a Small Business Incubator Program by providing some type of written support of the concept. The City Manager requested that Mr. Sparks present information with regard to a Small Business Incubator Program for the City of Roanoke, as well as programs in operation in other localities. Mr. Sparks advised that smell business incubators are facilities that support new and small firms by providing affordable space, shared office service, and management assistance; and the purpose of small business incubators is to reduce the rate of small business failures by making it easier to survive the critical early stages of business development. He pointed out that 80 per cent of new businesses fail during the first three years of opefa;;on without incubator services, and 80 per cent of new businesses survive over five years if they are 140 ACTION: located in incubators. He presented information in connection with the Lynchburg Business Development Center, the West Charlotte Bus!ness Incubator, and the Ben Craig Center. He explained that the C,ty of Roanoke has requested $400,000.00 from the Commonwealth of Virginia, through the Special Assistant to the Governor and the Secretary for Commerce and Trade, with the further request that the funds be included in the Governor's 1994-95 budget amendments. He advised that the City needs from $600,000.00 for an existing structure up to $1.4 million if new construction is involved, however, it appears that an existing facility would be more feasible at the present time which would accomplish the purpose of getting an existing facility off the market that is currently vacant, thereby placihg that facility back in use, Ms. Player advised that with the 80 per cent failure rate for businesses in existence for the first three years and with the business incubator success rate of 80 per cent, such statistics should cell attention to the importance of providing additional services for small businesses, as well as the importance of maintaining and fostering the growth of smell businesses in the Roanoke Valley. She urged that Council support the request for $400,000.00 to be included in the Governor's 1994-95 budget amendments, l i Mr. McCedden offered the following resolution: (#32240-111494) A RESOLUTION endorsing the concept of creation of a Smell Business Incubator in the City and requesting funding for such Incubator from the Commonwealth of Virginia. (For full text of Resolution, see Resolution Book No. $6, page 480.) Mr. McCadden moved the adoption of Resolution No. 32240- 111494. The motion was seconded by Mr. Edwards. Senator J. Brandon Bell appeared before Council and expressed support of the Smell Business Incubator Program, and pledged his willingness to work with the City to help insure that the program will become a reality. Vice-Mayor Edwards suggested that the Mayor and the City Manager meet with the Govemor to encourage state funding. 141 Mr. Wl~ite called attention to the need for regional cooperation, I advising that after businesses the incubator program, they com.p. ]ete will locate throughout the surround,ng Roanoke Valley jurisdictions, and in order to make the City's case stronger, he suggested that resolutions in support of the concept be requested for adoption by surrounding localities. He called attention to the importance of including the Chalq)erson of the Economic Development Commission in future discussions/meetings in regard to the Small Business Incubator Program. Following discussion of the matter, Resolution No. 32240-111494 was adopted by the following vote: AYES: Council Membara McCadden, Parrott, INhite, Wyatt, Bowies, Edwards and Mayor Bowers 7. The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed fm.m the Consent Agenda and considered separately. He called spec,ftc attention to a request for an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council. MINUTES: Minutes of the special meeting of Council held on Tuesday, July 5, 1994; the regular meeting of Council held on Monday, August 8, 1994; the joint meeting of Council and the City of Roanoke Redevelopment and Housing Authority Board of Commissioners held on Monday, August 8, 1994; and the regular meeting of Council held on Monday, August 22, 1994, 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. Parrott and adopted by the following vote: 142 ACTION: ACTION: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Edwarda and Mayor Bowers -- - -- 7. NAYS: Nm.= .... -0. COMMITTEES-COUNCIL: A communication from Mayor David A. Bov~m requesting that Council m.-ct in Executive Session to discuss pemonnei mattem relating to vacancies on various authorities, beards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (AX1), Code of Virginia (1950), aa amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1~. (A)(1), Code of Virginia (1950~ as amended. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members M,c..Cadden, Parrott, White, W~_.a.~, Bowles, Edwards and Mayor Bowers 7. I~ NAYS: None .................. ---0. PLANNING-SCHOOLS: A communication from Mayor David A. Bowers recommending that the City Planning Commission and the Roanoke City School Board be encouraged to meet with their respective counterparts in Roanoke County to discuss future joint needs and aspirations, 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 Planning Commission and to the Roanoke City School Board for discussion. The motion was aeconded by Mr. Parrot and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers- - ...... -7. NAYS: Nor:.= ACTION: 143 COMMI'I-FEES-AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee held on Monday, October 24, 1994, were before Council. Matters discussed by the Committee included a report of the Citizens Sewicee Committee; School Activity Funds. June 30, 1994; Internal Audits pertaining to Departmental Payroll, Use of Microcomputers, Sewer Billing and Travel Reimbursement; and Audit Finding Follow-up. June 30, 1994. (For full text, see minutes on file in the City Clerk's Office.) Mrs. Bowies moved that the minutes be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members McCadden, Parrott, W~its, Wyatt, Bowies, Edwards and Mayor Bowers ............ 7. NAYS: None ........................................ -0. BUDGET-PERSONNEL LAPSE FUNDS: A report of the City Manager advising that personnel lapse is generated due to employee turnover and vacancies in City departments; that for the current fiscal year, sslaw savings of $755,000.00 are projected as a result of vacancies; and the following figures represent the status of Personnel Lapse for Fiscal Year 1994-95 aa of September 30, 1994, was before Council. Total Budgeted Personnel Lapse ($755,ooo.oo) First Quarter Personnel Lapse Generated July $9t,859.00 August 94,419.00 September 98.821.00 S28S.099,00 Less Revenue Adjustment i24.361.00~ Net First Quarter Reduction 260.738.00 144 ACTION: ACTION: Personnel Lapse Balance Remaining after First Quarter ~ ~ i (For full text, see report on file in the C,ty' Clerk's Office.) Mrs. Bowles moved that the report be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....... 7. NAYS: None .................................. -0. OATHS OF OFFICE-COMM!TTEES-HOUSING/AUT. HORITY: A communication from M. Wendy O Nell tendering her resignation as a Commissioner of the City of Roanoke Redevelopment and Housing Authority Board of Commissioners, effectively immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that the communication be received and filed and that the resignation be accepted with regret.. The motion was I seconded by Mr. Parrott and adopted by the follow, ng vote: AYES: Council Members McCaddon, Parrott, White, Wyatt, Bowies, Edwards end Mayor Bowers ....................... 7. NAYS: Non~- ELECTIONS: A communication from Alton B. Prillaman, Secretary, Roanoke City Electoral Board, transmitting a certified copy of the Abstract of Votes cast in the General Election end Special Election held in the City of Roanoke on Tuesday, November 8, 1994, was before Council. "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 8, 1994 General Election, for i 145 Names of Candidates MEMBER UNITED STATE SENATE Total Votes Received (In Figures) Charles S. Robb Oliver L. "Ollie" North J. Marshall Coleman g Douglas Wilder Steve Agee Ray Garland Virgil Goode Bob Goodlatte Attila Hun Gordon Kendall Richard Sincere M. Womack 15,417 9,598 3,412 2 1 1 5 1 1 1 1 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 8, 1994, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the Senate in the Congress of the United States. Given under our hands this 9th day of November, 1994. A copy testa: Gilbert E. Butler, Jr., Chairman Charles T. Green, Vice Chairman Alton B. Prillaman, Secretary [SEAL] Alton B. Prillaman, Secretary, Electoral Board" "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 8, 1994 General Election, for MEMBER HOUSE OF REPRESENTATIVES Names of Candidates Total Votes Received (In Figures) 146 Robert W. "Bob" Goodlatte David Bowers Bill Conn John Edwards John Fishwick Lynn Herson Todd Knickel Staven Liechty Jim Lossl Steve Musselwhite My Poodle John Russell Potter Dr. Bill Rosolowski John St. Leger Jim INitcofski M. Womack 19,391 1 3 3 2 1 1 1 1 4 1 1 1 1 3 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 8, 1994, do hereby cerlJfy that the above is a true and correct Abstract of Votes cast at said election for Member of the House of Representatives in the Congress of the United States. I 147 Given under our hands this 9th day of November, 1994. A copy testa: Gilbert E. Butler, Jr., Chairman Chadea T. Green, Vice Chairman Alton B. Prillaman, Secretary Alton B. Prillaman, Secretary, Electoral Board" "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 8, 1994 Special Election, for: PROPOSED CONSTITUTIONAL AMENDMENTS QUESTION 1: Shall the Constitution of Virginia be amended to authorize the General Assembly to reopen and extend the statutory time period for bdnging civil lawsuits which involve Intentional injuries to minors? Total Votes Received (in Figures) YES 16.178 NO 7.321 QUESTION 2: Shall the Constitution of Virginia be amended to revise voter registration provisions, including two changes that will (1) delete the requirement that you must apply in person to register and allow registration by mail and (2) eliminate the requirement for cancelling your registration if you have not voted in four years? Total Votes Received (In Figures) YES 12.515 NO 10.483 148 QUESTION 3: Shall the Constitution of Virginia be amended to revise the procedures followed (1) by the Governor to veto or propose amendments to bills passed by the General Assembly and (2) by the General Assembly in response to the Governor's vetoes or proposed amendments? Total Votes Received (In Figures) YES 12.262 NO 9,194 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 8, 1994, 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 9th day of November, 1994. A copy tests: Gilbert E. Butler, Jr., Chairman Charles T..G..rsen, Vice Chairman Alton B. Pnllaman, Secretary [SEAL] Alton B. Prillaman, Secretary, Electoral Board" "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the special election held on November 8, 1994, on the following question or proposition: BOND ELECTION QUESTION: Shall Ordinance No. 32131-080894, adopted by the Council of the City of Roanoke on August 8, 1994, entitled: "AN ORDINANCE authorizing the issuance of Twenty-Three Million Dollars ($23,000,000) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the I 149 i purpose of providing funds to defray the cost to the City of Roanoke of needed permanent public improvements of and to school buildings, public buildings, public bridges, streets and sidewalks, storm drains, parka, economic development, and acquisition of real property for the foregoing; and providing for an emergency.", be approved? Total Votes Received (In Figures) FOR (YES) 19.858 AGAINST (NO) 4.598 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 8, 1994, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the question or proposition set forth above. Given under our hands this 9th day of November, 1994. A copy tests: Gilbert E. Butler, Jr., Chairman Charles T. Green, Vice Chairman Alton B. Prillaman, Secretary [SEAL] Alton B. Prillaman, Secretary, Electoral Board" ACTION: Mrs. Bowles moved that the report and Abstract of Votes be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers ......... 7. NAYS: None ........... O. 150 ACTION: ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING DEPARTMENT: A report of q.u.a, liflcation of Har~y F. Collins, Sr., as a I member of the Board of Bulld,ng Code Appeals, for a term ending September 30, 1999, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mre. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Pan'off and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers .................................. 7. NAYS: None OATHS OF OFFICE-COMMITTEES-TRAFFIC: A report of qualification of Acree Hayes, Chauncey L. Logan and Robert K. Bengtson as members of the City of Roanoke Transportation Safety Commission, for terms ending October 31, 1998, was before Council. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mre. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Pan'off and adopted by the following vote: AYES: Council Members McCadden, Pan'off, White, Wyatt, Bowles, Edwards and Mayor Bowers ................................... 7. NAYS: None. OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of Lular R. Lucky as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 19, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mm. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: 151 AYES: Council Members McCadden, Psrrott, White, Wyatt, I Bowles, Edwards and Mayor Bowers ........ 7. NAYS: Nono ..... ---~ ...... - ......... O. OATHS OF OFFICE-COMMITTEES-INDUSTRIES: A report of qualification of W. Bolling Izard ss a Director of the Industrial Development Authority of the City of Roanoke, for a term ending October 21, 1998, was before Council. (See Oath or Affirmation of Office on file in the City Clark's Office.) ACTION: Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers ................ 7. NAYS: Nono, HEARING OF CITIZENS UPON PUBLIC MATTERS: MENTAL HEALTH SERVICES-BLUE RIDGE COMMUNITY SERVICES: Ann J. Francis, Member, Blue Ridge Community Services Board of Directors, appeared bat'ors Council and presented an Annual Report of Blue Ridge Community Services, advising that during fiscal year 1993-94, $315,252.00 of Roanoke City tax dollars were matched with State and Federal dollars and fees to provide $6,669,785.00 of services to the citizens of the City of Roanoke, which arnounta to $21.00 worth of services for each tax dollar expended. She further advised that services were provided to persons with mental retardation, problems associated with drug and alcohol addictions, and with mental illness; and prevention and early intervention services were provided to persons at-risk for mental retardation, at-risk for problems associated with drug and alcohol addictions and at-risk for mental illness. (See statement on file in the City Clerk's Office.) II 152 Ma. Sabrina Butts, 2206 Montauk Road, N. W., mother of a chil.d, lB- with Attention Deficit Hyperactivity Disorder, appeared before Counc,I and advised was a reluctant participate in the program, however, she Isamed the necessary skills to help her child grow up to be a productive and Isaming adult. She commended Blue Ridge Community Services for the assistance they provide to children with this type of Isaming disability, and urged that the City provide additional funds. OTHER HEARiNGS OF CITIZENS: None. PETITIONS AND COMMUNICATIONS: ECONOMIC DEVELOPMENT: A communication from Vice-Mayor John S. Edwards recommending adoption of an Economic Development Mission Statement for the City of Roanoke, was before Council. Vice-Mayor Edwards advised that key points of the mission statement should focus on building a strong infrastructure for economic development; recognition of the importance of a comprehensive transportation i,,;,,~stmcture in economic development; recognition of the importance of 'quality of life' r~.sourcsa.of region, such as recreational, cultural, .s. ports and tourist attract, ons !n economic development; the necass,ty for regional approaches ~n recruiting new industry, obtaining sites for industrial location, and expansion of and assistance to existing businesses, thus the City should work with other localities in the region in a cooperative marketing strategy; development and implementation of an economic development strategy, and the needs and interests of other localities in the region and the diverse segmente of its own population and the unique opportunities and challenges of a central city should be included. In summary, the Vice-Mayor advised that in preparing for the 21st century, the City of Roanoke's economic development mission should be to provide a sound infrastructure of education, transportation and "quality of life" resources, to promote Roanoke as part of a region whose existing strengths and resources are attractive to new and existing businesses, and to create economic development strategies which are inclusive of the region's other localities and its own diverse population. 153 A communication from J. Granger M.acfariane, Chairperson, I Economic Development Commission, advis,ng that the proposed resolution was approved, in principle, at the May meeting of the Economic Development Commission, was also before Council. (For full text, see communications on file in the City Clerk's Office.) Mr. Edwards offered the following resolution: (#32241-?11494) A RESOLUTI_O..N adopting an economic development mmsion statement for the Cmty of Roanoke. (For full text of Resolution, see Resolution Book No. $6, page 481.) ACTION: Mr. Edwards moved the adoption of Resolution No. 32241- 111494. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers ........................... 7. NAYS: None ................................................ -0. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: YOUTH: The Director of Administration and Public Safety advised that during the 1994-95 budget process, Council funded the Youth Summit in the amount of $148,000.00 from the General Fund, additional funding resources through the Community Development Block Grer~ program, and community sswice type grants were received from the Commonwealth of Virginia, Division of Motor Vehicles. He further advised that there has been considerable interest in the feasibility of continuing the City's Midnight Basketball Program, and noted that current funds will allow the City to do so. Briefings on various summer programs for youth were presented, as follows: 154 Officer Steven B. Dalton - Drug Abuse Resistance Education (DARE) Camp Marion Vaughan-Howard - Youth Job Training and Intemehipe Lucy B. Walker - Stara Come Out at Night, Adventures in the Part(, and Teen Special Events Ruth M. Wilkinson - Midnight Basketball Program (See report on file in the City Clerk's Office.) The Director of Administration and Public Safety pointed out that with virtually all of the programs, there was another agency or partner that helped with implementation; whereupon, he called upon the Mayor to recognize the following agencies with plaques of appreciation: Roanoke City Public Schools D.e. partment of Youth and Family Services C,ty of Roanoke Redevalopment and Hous,ng Authority Fifth District Employment and Training Consortium Virginia Cooperative Extension Service YMCA of the Roanoke Valley W',thout objection by Council, the Mayor advised that the briefing report would be received and filed. At 11:55 a.m., the Mayor declared the meeting in recess. At 12:05 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. 155 ITEMS RECOMMENDED FOR ACTION: CiTY CODE-BUILDINGS/BUILDING DEPARTMENT-COMMITTEES: The City Manager submitted · written report advising that the Virginia Uniform Stetewide Building Code (USBC) prescribes required standards for construction and maintenance of buildings, which is divided into two sections: (1) Volume I - New Construction Code, and (2) Volume II - Building Maintenance Code, establishing the standard to which existing buildings must be maintained. It wes explained that both volumes of the USBC require a local Board of Building Code Appeals to allow a property owner, contractor, etc., recourse to question decisions of the Building Code Official; that the City has established separate five-member Boards of Appeals, one for each volume, and separate boards were established due to the fundamental differences between the issues likely to be considered upon appeals from the two volumes. It was further advised that sections of the Virginia Uniform Statewide Building Code regarding appeals were changed effective April 1, 1994, which now provides that the Board must consist of at least five membem, and if fewer than five members are present to hear an appeal, the appellant may have the hearing postponed until five members are present. It was explained that the Building Maintenance Code (Volume II) Board of Appeals has only had four members since a resignation effective December 7, t992; that the most recent Volume II appeal was heard and decided by only two Board members; that Section 2-283.1 of the Code of the City of Roanoke (1979), as amended, provides that three consecutive absences by an appointed member of a board vacates the membeCs position; that one of the appointed members of the Building Maintenance Code (Volume II) Board of Appeals has missed the last five hearings, and seven of the last nine hearings held since September 1993, therefore, the Building Maintenance Code (Volume II) Board of Appeals, still has only four sitting members at this time; that without at least five members available to hear an appeal of the Code Official's decision, hazardous conditions may continue for months pending resolution of the appeal; and Chair of the two Boards of Appeals have been consulted by the Building Commissioner (Code Official) regarding this issue and concur in the following recommendation. 156 ACTION: The City Manager recommended that Council expand membership of each of the Building Code Boards of ..Appeals to !nclude two alternates each, and appoint members to fill existing vacanc,es and newly created position~. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency ordinance: (#32242-111494) AN ORDINANCE amending Article II. Buildina Code. of Chapter 7, Buildina Reaulations. of the Code of the City of Roanoke (1979), as amended, by the addition of new Section 7-16, Buildina construction division created: comoosition, to provide for the creation of a building construction division of the City's Board of Building Code Appesla; and amending §7-32, Buildino maintsnan¢~ division created, comoosition, of Article I1.1, Buildina Maintenance Code. of Chapter 7, Buildina Reaulations. of the Code of the City of Roanoke (1979), as amended, to provide for the expansion of the membership to include two alternates; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 66, page 483.) Mr. McCa.al. den moved the adoption of Ordinance No. 32242- 111494. The mot,on was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ........................... 7. NAYS: None NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY- GRANTS-ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager submitted a written report advising that pursuant to Resolution No. 31572-071293, adopted July 12, 1993, Council approved execution of an agreement with the Northwest Neighborhood Environmental Organization, Inc. (NNEO), a Community-based Housing Development Organization (CHDO), for funding the rehabilitation of property located at 802 and 807 Gilmer Avenue, N. W., from the 1992 allocation of HOME funds received from the U. S. Department of Housing and Urban Development (HUD); that HOME allocations generally require a local match equal to 12.$ per cent of the HOME allocation that is not used for administrative or operating costs; that 157 1992 HOME allocation was not required to be matched in accordance with the Fiscal Year 1992 Appropriations Act; that subsequent HOME allocations require a local match ($52,913.00 required for 1993 allocation and $64,281.00 for 1994 allocation); and certain changes to HOME program regulations have taken place since the agreement was prepared. It was explained that the No,:hwest Neighborhood Environmental Organization, Inc., has agreed to donate the value, before rehabilitation, of the properties located at 802 and 807 Gilmer Avenue, N. W., to the HOME-funded project (i.e. the NNEO will not recover any of the value or their cost to buy the properties from the proceeds from sale of the properties, however, the NNEO will retain developer's fees from the sales proceeds); that donation will allow the City to credit the value of the property of $18,400.00 towards the local match requirement; and amendment to the agreement will accomplish the following: specify that the NNEO is donating the pre-rehabilitation value of the properties to the project; reduce the required "period of affordability" for houses rehabilitated and sold in the project, and clarify the amount subject to restrictions, as allowed by current HUD regulations; provide for the NNEO to retain developer's fees of $6,000.00 (approximately ten per cent of the projected development cost of each property) upon the sale of each of the two properties, with developer's fees being an allowable project cost under HOME program regulations; and remove the requirement that homebuyere to whom houses are sold must be first-time buyers. The City Manager recommended that he be authorized to execute an amendment, in a form to be approved by the City Attorney, to the agreement with the Northwest Neighborhood Environmental Organization, Inc., acknowledging contribution of the value of the 158 ACTION: properties by the NNEO to the project, modify the provisions regarding resale restrictions, provide for NNEO'a retaining of developer's fees and remove the restriction of sale to only first-time homebuyers. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (ft32243-111494) A RESOLUTION authorizing an amendment to an agreement between the City and Northwest Neighborhood Environmental Organization, Inc., dated July 12, 1993, for funding of the rehabilitation of certain properties from HOME funds. (For full text of Resolution, see Resolution Book No. 56, page 484.) Mr. White moved the adoption of Resolution No. 32243-111494. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers ........... 7. NAYS: None. SEWERS AND STORM DRAINS-CONSULTANTS REPORTS- WATER RESOURCES: The City Manager submitted a written report advising that on June 28, 1993, Council accepted a bid submitted by H. Hamner Gay & Co., Inc., for Carvins Cove Phase II, Contract C-2 improvements, with work having commenced on August 12, 1993; that the project extends a water main from 13th Street at the Roanoke River along Rivertand Road to the general vicinity of Walnut Avenue; that the contract also includes two water storage tanks and a pump station; that in order to better facilitate testing of the water main, it was necessary to install two addil]onal 24-inch valves in the line along Riverland Road; that the contractor has agreed to install the valves for material cost only, which work was authorized in July 1994 in order to avoid a delay claim by the contractor, at a cost of $6,973.18; and Change Order No. I will provide for payment of the work. It was further advised that funds are encumbered in Account No. 002-056-8372-9065, in the amount of $2,334,535.00, for the contract, as follows: I 159 Original Contract Amount $2,334,535.00 Change Order No. 1 6.973.11) New Contract Amount $2.341.508.t8 The City Manager recommended that Council authorize issuance of Change Order No. I to the City's contract with H. Hamner Gay & Co., Inc., the amount of $9,973.18. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency ordinance: (#32244-111494) AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with H. Hamner Gay & Co., Inc., in connection with Carvins Cove Filter Plant Improvements. Phase II, Contract C-2; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 485.) ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32244-111494. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, INyatt, Bowies, Edwards and Mayor Bowers ........... ; ............................ -6. NAYS: Council Member McCadden .............................. 1. BUDGET-TAXES-CITY GOVERNMENT-GRANTS-FLOOD REDUCTION/CONTROL-FIFTH PLANNING DISTRICT COMMISSION: The City Manager submitted a written report advising that on December 7, 1992, Council adopted a resolution supporting the Comprehensive Regional Stormwater Management Study, authorizing the Fifth Planning District Commission to serve as the City's agent for the accomplishment of the study, and authorizing a contribution of up to $251,000.00 of City funds to pay for the study; that Council included the Comprehensive Regional Sto~,~vater Management Study as part of the Five-Year Capital Improvement Program adopted on August 8, 1994, and approved utility tax revenues previously collected to fund the Roanoke RIver Flood Reduction Project as a local funding source; that the purpose of the study is to provide a master plan for stormwater management in the Roanoke Valley; that the Federal Emergency Management Agency (FEMA) has awarded a Hazard Mitigation Grant to 160 ACTION: partially fund the Comprehensive Regional Storrnwater Management Study in the amount of $359,000.00, which amounts to 50 per cent of the study and adminlatretion co~; and par~cipating local government jurimJictions (Roanoke County, C,ty of Salem, Town of Vinton and City of Roanoke) are providing their pre rats share of the remaining 50 per cent based on watershed areas located in each jurisdiction and on urbanization factors based on runoff from impervious surfaces. It was further advised that the City's share of the study and administration is $130,755.00, which represents 18.21 per cent of the total cost of the study and administration of $718,000.00, with the share of other jurisdictions, as follows: FEMA Grant Roanoke County City of Salem Town of Vinton 50.00% $359,000.00 20.17% 144,820.00 9.43% 67,707.00 2.19% 15,718.00 The City Manager recommended that Council transfer $130,755.00 of utility tax revenues collected for the Roanoke River Flood Reduction Project from Capital Projects Fund, Account No. 008- 0.56-9652.9003, to an account to be established by the Director of F~nance entitled, "Comprehensive Re. gion.al Study", from which funds ma.y. be expended to the Filth Planmng D~strict Commission to make part, al payments for the study aa it progresses. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: (f/32245-111494) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 486.) Mr. McCadden moved the adoption of Ordinance No. 32245- 111494. The motion was seconded by Mr. Edwards and adopted by the following vote: 161 i AYES: Council Members McCadden, Parrott, White, INyatt,. Bowies, Edwards and Mayor Bowers 7 NAYS: Noc.: .............. -0. DIRECTOR OF FINANCE-CITY MANAGER-PLANNING- COMMUNICATIONS DEPARTMENT-MUNICIPAL AUDITOR- MANAGEMENT AND BUDGET-YOUTH CORRECTIONAL FACILITIES- CONSULTANTS REPORTS-LEASES: The City Manager submitted a written report advising that City procurement practice for acquiring telephone equipment in previous years has been to lease all telephone instruments from AT&T; that a change in City practice occurred in August 1993, at which time Council approved the in-place purchase of most of the installed equipment for $199,000.00; that buyout of installed leased equipment was accomplished with no additional funding required, which will provide funds in subsequent years for needed modernization; and six electronic telephone systems which were not purchased during fiscal year 1993-94 were also leased from AT&T. It was further advised that negotiations with AT&T to terminate the remaining leases, in order to avoid lease charges in future years, have been ongoing; and negotiation for purchase of the six electronic telephone systems for $32,112.20 has been completed, with funding available in the adopted fiscal year 1994-95 budget. The City Manager recommended that Council authorize purchase of six leased elec;,onic telephone systems, at a total cost of $32,112.20. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#32246-111494) A RESOLUTION providing for the purchase of certain leased electronic telephone systems for use by the City, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 56, page 487.) ACTION: Mr. Parrott moved the adoption of Resolution No. 32246-111494. The motion was seconded by Mr. White and adopted by the following vote: 162 AYES: Council Members McCadden, Parrott, INhite, INyatt, Bowies, Edwards and Mayor Bowers I NAYS: None ............ -0. BUDGET-HUMAN DEVELOPMENT-GRANTS-YOUTH-YOUTH CORRECTIONAL FACILITIES: The City Manager submitted a written report advising that the City of Roanoke has received Program Grant No. 03CYO269106, in the amount of $83,322.00, from the U. S. Department of Health and Human Services to administer Sanctuary's Outreach program for runaway and homeless children, which funds were to be used for the period September 1, 1994 through August 31, t995; and the U. S. Department of Health and Human Services awards grants for services for thres-year cycles, which total grant project period is September 1, 1992 through August 31, 1995. The City Manager recommended that Council approve the following actions: authorize the City Manager to execute grant agreement and ancillary documents required to accept the United States Department of Health and Human Services's Runaway an.d Homeless Youth Program Grant No. i 03CYO269106, and appropriate $83,322.00 of Federal grant funds to the following revenue and expenditure accounts to be established in the Grant Special Revenue Fund by the Director of Finance: 1001 Regular Employee Salaries 1120 FICA 2030 Administrative Supplies 2051 Travel $64,792.00 17,290.00 100.00 500.00 2066 Program Activities 64o.o0 Total $83,322.00 Federal Grant Revenue $83,322.00 (For full text, see report on file in the City Clark's Office.) Mr. McCadden offered the following ordinance: emergency budget 163 (#32247-111494) AN ORDINANCE to amend and reordain certain t esctions of the 1994-95 GrInt Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 488.) ACTION: Mr. McCadden moved the adoption of Ordinance No. 32247- 111494. The met]on was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ..................................... 7. NAYS: None Mr. McCadden offered the following resolution: (~32248-1114.94) A RESOLUTION authorizing the acceptance of a certain grant offer made to the City of Roanoke by the United States Department of Health and Human Services to administer Sanctuary's Outreach Program for runaway and homeless children; and authorizing the execution of the necessary documents. (For full text of Resolution, see Resolution Book No. 56, page 489.) ACTION: Mr. McCadden moved the idoption of Resolution No. 32248- 111494. The mot]on wes seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members McCadden, Perrott, White, Wyatt, Bowies, Edwards and Mayor Bowers ............................ 7. NAYS: None .............................. -0. BUDGET-GRANTS-LIBRARIES-DISABLED PERSONS: The City Manager submitted a written report advising that Federal aid through a LSCA Title I Grant for $7,310.43 has been approved for the Roanoke City Public Ubrmy by The Library of Virginia for fiscal year 1994-95; and the Roanoke City Public Library is a Subregional Library for visually and physically disabled residents of the Fifth Planning District. 164 It was further advised that patron registration and materials circulation have increased; that the micro-computer currently used with 1 the READS .p. rogram ia out-dated ar, d will not. support more than one J READS function at a time; that multl-uesr vera,on of READS allows for more automated READS functions to be performed simultaneously, and is approved by the Library of Virginia Subregional Coordinator; and Library Administration recommends that the Subregional Grant of $7,310.43 be used for the following purposes: replace current micro-computer with higher capacity personal computer as a first step toward converaion to multi-user version of READS; continue hours of-existing part-time Library Aesistant to m~ntain collection and files for the subregional program for the visually and physically disabled; and continue staff training in the use of enhanced micro- computer equipment. The City Manager recommended that Council concur in the following actions: I accept the LSCA Title I Subregional Library for the Blind ~[] Grant, in the amount of $7,310.43, and appropriate funds to the following accounts to be established in the Grant Fund: $3,988.00 to Temporary Employee Wages, Account No. 035-054-5042-1004; $304.94 to FICA, Account No. 035-054-5042. 1120; $217.49 to Training and Development, Account No. 035-054-5042-2044; and $2,802.00 to Equipment, Account No. 035. 054-5042-9005. establish a revenue estimate of $7,310.43 for the Subregional Title I Grant in the Grant Fund; and authorize the City Manager, or his designee, to execute the I necessary documents accepting the Grant for the Roanoke City Public Library. ACTION: ACTION: 165 (For full text, see report on file in the City Clerk's Office.) Mm. Bowles offered the following emergency budget ordinance: (#32249-111494) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 490.) Mrs. Bowles moved the adoption of Ordinance No. 32249-111494. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers ........... - ........... 7. NAYS: None ....................................... -0. Mrs. Bowies offered the following resolution: (#32250-111494) A RESOLUTION accepting a Library Services and Construction Act (LSCA) Title I Grant for the Roanoke City Public Library. (For full text of Resolution, see Resolution Book No. 56, page 49t.) Mrs. Bowles moved the adoption of Resolution No. 32250-111494. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowem .................... 7. NAYS: None .............................. 4). 166 BUDGET-HUMAN .DEVELOPMEN.T.-~RANTS-FD.E..TC: The City .Manager aubrnitted, a wntten repo_rt, ad.vis,ng that the City of Roa.no. ke the grant racipmnt for Fifth D,strict Employment and Tra,n,ng Consortium (FDETC) funding; that Council must appropriate funding for all grants and other funds received by the Consortium; and the Governor's Employment and Training Department (GETD) has sent Notices of Award to the Consortium for programs which include on-the- job training, work experience, job related education, classroom training, job placement activities, end remedial education in the following amounts: Title II-A (Adult-Age 22 and over), Notice of Award No. 95- 03-01, $458,203.00; Title II-C (Youth-Ages 1621), Notice of Award No. 95-03-02, $305,655.00; and Title III-F (Dislocated Workers), Notice of Award No. E-O1, $347,979.00. It was further advised that the Govemor's Employment and Training Depa~'b,.ant has sent to the Consortium the following Notices of Award: I Notice of Award No. OK-01, in the amount of $171,966.00, for the Opportunity Knocks 1994 program year which is a comprehensive youth service project designed to enhance the educational levels and employment options available to Virginia's at-risk youth (ages 18-25); and Notice of Award No. 94-03-05, in the amount of $42,847.00, which is a Title II incentive award to be used for Program Year 1994 programs for youth and will be allocated to the Title II.C program for the year, with planned programs to include job related education, classroom training, job placement activities and remedial education for youth. The City Manager recommended that Council appropriate funding for the Fifth District Employment and Training Consortium totalling $1,326,649.00 and increase the revenue estimate by $1,326,649.00 in accounts to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) I ACTION: 167 Mr. McCadden offered the following emergency budget ordinance: (#32251-111494) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 492.) Mr. McCadden moved the adoption of Ordinance No. 32251- 111494. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers .................... 7. NAYS: None .......................................... -0. INSURANCE-CITY EMPLOYEES: The City Manager submitted a written report advising that the present two-year dental insurance contract with Delta Dental Plan of Virginia expires on December 31, 1994; that the City currently contributes $8.16 per month toward the "employee only" rate for dental insurance; and specifications were developed and a Request for Proposals was mailed to 12 companies on September 16, 1994, with three responses having been received. It was explained that premium income, when compared to dental claims and administrative expenses during the contract period, has been virtually the same; that infommtionsl meetings were held with two dental care companies in order to rank them according to the needs of the City; and negotiations were conducted with the first ranked vendor, Delta Dental Plan of Virginia. The City Manager recommended that Council authorize award of a contract for dental care insurance to Delta Dental Plan of Virginia for a period of two years beginning January 1, 1995 and ending December 31, 1996, for coverage and rates more fully described in the report and under the tarrns and conditions in the City's present contract with such firm, except as otherwise noted in the report, and that the City Manager be authorized to execute the contract, in a foden to be approved by the 168 ACTION: City Attomey, and with the understanding that Delta Dental Plan of Virginia will provide the City Manager with said contract for execution no later than December 15, 1994. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (ft32252-111494) A RESOLUTION authorizing the execution of a contract and related documents with Delta Dental Plan of Virginia to provide group dental insurance forerr~loyses of the City and members of their families. (For full text of Resolution, see Resolution Book No. 56, page 497.) Mr. Pan'off moved the adoption of Resolution No. 32252-111494. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers .............. 7. NAYS: None ................................. -0. REPORTS OF COMMITTEES: PARKS AND RECREATION-HOUSING/AUTHORITY.WATER RESOURCES: Council Member Elizabeth T. Bowles, Chairperson of the Water Resoumes Committee, presented a written report on behalf of the Committee, with regard to the donation of the Lansdowne Park Recreational Facility from the City of Roanoke Redevelopment and Housing Authority to the City to be used for park purposes. A staff report advised that the Lansdowne Park Recreational Facility contains 4.2141 acres and includes a baseball diamond, two basketball courts, a playground and a shelter; that the City of Roanoke Redevelopment and Housing Authority acquired the site and developed the park for use by Lansdowne residents with assistance from Total Action Against Poverty, Alan L. Amos, Inc., and City staff; that the Comprehensive Parks and Recreation Plan identified a need for additional recreational sites in the northwest quadrant of the City, and addition of this newly developed four acrs parcel will help balance the 169 distribution of recreationa! facilities In Roanoke; and City I Comprehensive Plan confo~n~ty was addressed by the City Planning Commission during its October 5, 1994 meeting, and the Planning Commission is considering an approlxiate name for the proposed park, with a recommendation to be forwarded to Council. It wes explained that the City of Roanoke Redevelopment and Housing Authority has offered to transfer the park to the City; that acceptance of the park would provide park and playground facilities to all citizens in the Melrose/Salem Turnpike/24th Street area of the City; and value of the property for tax assessment purposes is $106,000.00, however, the Housing Authority is exempt from taxes on the property. The Water Resources Committee recommended that Council authorize the appropriate City officials to accept the donation of the Lansdowne Park Recreational Facility, Official Tax No. 2420208, from the City of Roanoke Redevelopment and Housing Authority to be used for park purposes. (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency ordinance: (~32253-111494) AN ORDINANCE authorizing the acceptance of the donation of the Lansdowne Park Recreation Facility, Official Tax No. 2420208, from the City of Roanoke Redevelopment and Housing Authority to be used for park purposes, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 498.) ACTION: Mrs. Bowies moved the adoption of Ordinance No. 32253-111494. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers .... = ............ 7. NAYS: None ................. ~ .................. -0. 170 ACTION: PARKS AND RECREATION-PLANNING-HOUSING/AUTHORITY: A report of the City Planning Commission, advising that the City of Roanoke Redevelopment and Housing Authority has offered to donate a 4.2141 acrs parcel of land known as the Lanedowna Park Recreational Facility to the City of Roanoke; that the proposed park site is situated across from the Lansdowne public housing project on Salem Turnpike adjacent to the Melrose Branch Library, and the proposed park has been developed for racraational use and consists of a baseball diamond, two basketball courts, a playground, and shelter; that the park facility, as an addition to the City's parks system, has not been officially named; and the Roanoke City Parks and Recreation Department has suggested that the park be officially designated in name as "Horton Pmt~' in honor of an emty property owner, was before Council. The City Planning Commission recommended that the area currently known as the Lansdowne Park Recreational Facility be designated as a City park in accordance with Roanoke Vision. the City's adopted comprehensive plan and the City's Comprehensive Parks and Recreation Master Plan; and that the proposed City park be officially named "Horton Park". (For full text, see report on file in the City Clerk's Office.) I Mrs. Bowies offered the following resolution: (#32254-111494) A RESOLUTION designating a certain area located adjacent to the Melrose Branch Library as a City park and providing a name for the City's new park. (For full text of Resolution, see Resolution Book No. 56, page 498.) Mrs. Bowies moved the edoption of Resolution No. 32254-111494. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ................................. 7. NAYS: None UNFINISHED BUSINESS: None. ACTION: 171 INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 32219 permanently vacating, discontinuing and closing that portion of Baker Avenue, between 25th Street and 30th Street, N. W., having previously been before the Council for its first reading on Monday, October 10, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. White olfering the following for its second reading and final adoption: (#32219-111494) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 56, page 476.) Mr. White moved the adoption of Ordinance No. 32219-111494. The motion was seconded by Ms. Wyatt. Norfolk Southern Railway officials having previously raised question with regard to the street closure, Edward R. Tucker, City Planner, stated that Norfolk Southern has advised that they are satisfied with the agreement that was worked out with the petitioner. Frank W. Martin, representing the petitioner, appeared before Council in support of the request. Ordinance No. 32219-111494 was adopted, on its second reading, by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers .............................. 7. NAYS: Nono EASEMENTS-CITY PROPERTY-INDUSTRIES-BELL ATLANTIC-VA, INC.-WATER RESOURCES: Ordinance No. 32236 authorizing execution of a deed of easement granting Bell Atlantic-Virginia, Inc., a 20-foot wide public utility easement across City-owned property located within the Roanoke Centre for Industry and Technology, identified as Official Tax No. 7230101, upon certain terms and conditions, as more fully set foritt in a report of the Water Resources Committee dated October 24, 172 ACTION: ACTION: 1994, having previously been before the Council for its first reading on Monday, October 24, 1994, read and adopted on its first reading a. nd ~ laid over, was again before the body, Mr. Parrott offering the follow;ng for its second reading end final adoption: (#32236-111494) AN ORDINANCE authorizing the execution of a deed of easement granting Bell Atlantic-V':rginia, Inc., a public utility easement across City-owned property located within the Roanoke Centre for Industry and Technology ('RCIT') identified by Roanoke City Tax Map No. 7230101, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 56, page 478.) Mr. Parrott moved the adoption of Ordinance No. 32236-111494. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers .............................. ---6. NAYS: Council Member McCadden ............. 1. EASEMENTS-CITY PROPERTY-WATER RESOURCES: Ordinance No. 32237 authorizing relocation, vacation and dedication of a new waterline easement on property identified as Official Tax No. 6650101 and occupied by Lowe's Home Center, Inc., upon certain terms and conditions, aa more particularly set forth in a report of the Water Resources Committee dated October 24, 1994, having previously been before the Council for its first reading on Monday, October 24, 1994, 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: (#32237-111494) AN ORDINANCE authorizing the relocation, vacation, and dedication of a certain waterline easement on property identified by Roanoke City Tax Map No. 6650101, located in the City of Roanoke, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 56, page 479.) Mrs. Bowies moved the adoption of Ordinance No. 32237-111494. The motion was seconded by Mr. McCadden and adopted by the following vote: I ACTION: 173 AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Edward~ end Mayor Bowers .............. : .................. 7. NAYS: Nor-- MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: None. At 12:45 p.m., the Mayor declared the meeting in recess. At 1:25 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With respect to the Executive Session just concluded, Ms. Wyatt moved that each Member of City Council certify to the best of his or her knowiedge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members McCaddan, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ......................... 7. NAYS: None OATHS OF OFFICE-COMMITTEES-TRAFFIC: The Mayor advised that the te,,,, of Delvis O. McCadden as a member of the City of Roanoke Transportation Safety Commission expired on October 3t, 1994, and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Delvis O. McCadden. There being no further nominations, Mr. McCadden was reelected as a member of the City of Roanoke Transportation Safety Commission, for a term ending October 31, 1998, by the following vote: 174 ACTION: ACTION: ACTION: FOR MR, MCCADDEN: Co,,ncil Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers .... ~ -- -7. ! I OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that the terms of William E. Skasn, Viola N. Campbell, Katherine G. Cochran, Martin Jeffrey, Charles W. Hancock, Ronaid H. Miller, Florins Thomhill, and Barbara N. Duerk as members of the Roanoke Neighborhood Partnership Steering Committee will expire on November 30, 1994, and called for nominations to fill the vacancies. Mrs. Bowies placed in nomination the names of William E. Skesn, Viola N. Campbell, Katherine G. Cochran, Martin Jeffrey, Charles W. Hancock, Ronald H. Miller, Florins Thomhill, and Barbara N. Duerk. There being no further nominations, Ms. Cochran, Ms. Campbell, and Messrs. Skeen and Jeffrey were reelected for te¢,~ ending November 30, 1997, and Ms. Duerk, Ms. Thomhill, and Messrs. Hancock and Miller were reelected for terms ending November 30, 1995, as members of the Roanoke Neighborhood Partnership Steering Committee, by the following vote: FOR MS. COCHRAN, MS. CAMPBELL, MS. DUERK, MS. · THORNHILL AND MESSRS. SKEEN, JEFFREY, HANCOCK AND MILLER: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers .... ~ .................... 7. Inasmuch as Viola N. Campbell and Ronald H. Miller are not residents of the City of Roanoke, Mrs. Bowies moved that the City residency requirement for persons serving on authorities, boards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Ms. Wyatt and unanimously adopted. OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDiNG DEPARTMENT: The Mayor advised that the five-year ts,,~,, of Gene Wirt as a member of the Building Maintenance Division of the City's Board of Building Code Appeals expired on November 10, 1994, and called for nominations to fill the vacancy. Ms. Bowies placed in nomination the name of Gene Wirt. 175 There being no further nominations, Mr. Wirt was reelected as a member of the Building Maintenance Division of the City's Board of Building Code Appeals, for s term ending November 10, 1999, by the following vote: ACTION: FOR MR. WIRT: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers .... --7. OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The Mayor advised that the four year terms of William C. Holland and George M. McMillan as members of the Advisory Board of Human Development will expire on November 30, 1994, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the names of William C. Holland and George M. McMillan. There being no further nominations, Messrs. Holland and McMillan were reelected as members of the Advisory Board of Human Development, for terms ending November 30, 1998, by the following vote: ACTION: FOR MESSRS. HOLLAND AND MCMILLAN: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers .............. -7. OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that there is a vacancy on the City of Roanoke Redevelopment and Housing Authority Board of Commissioners, created by the resignation of M. Wendy O'Neil, for a term ending August 31, 1998, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Thaddeus H. Hale, Jr. There being no further nominations, Mr. Hale was elected as a Commissioner of the City of Roanoke Redevelopment and Housing Authority to fill the unexpired term of M. Wendy O'Neil, resigned, ending August 31, 1998, by the following vote: ACTION: FOR MR. HALE: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers .............. 7. 176 ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER: The Mayor advised that there is a ~acancy on the Roanoke Civic Center Commission, created by the ineligibility of James W. Burl(s, Jr., to serve another term, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Calvin H. Johnson. There being no further nominations, Mr. Johnson was elected as a member of the Roanoke Civic Center Commission for a term ending September 30, 1997, by the following vote: FOR MR. JOHNSON: Council Membere McCadden, Parrott, White, Wyatt, Bowies, Edward~ and Mayor Bowers ............ OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT: The Mayor advised that there is a vacancy on the Personnel and Employment Practices Commission, created by the ineligibility of John R. Larew to serve another te,,,,, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Jeannette E. Hardin. There being no further nominations, Ms. H.ardin was e. lected as I' a member of the Personnel and Employment Pract,ces Comm,ssion for a term ending June 30, 1997, by the following vote: FOR MS. NARDIN: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowem ............. 7. At 1:30 p.m., the Mayor declared the meeting in recess until 7:00 p.m. At 7:00 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Gdsso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. 177 The Pledge of Allegiance to the Flag of the United States of I America was led by Mayor Bowers. STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, November 14, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Houston Bell that the City of Roanoke alter and close by temporary barricade that portion of Belle Alre Circle, S. W., approximately 230 feet in length, extending to and from Brandon Avenue, S. W., the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke l~mes & World.News on Friday, October 28, 1994, and Friday, November 4, 1994. (See publisher's affidavit on file in the City Clerk's Off;ce.) A report of the City Planning Commission recommending approval of the request to close Belle Alre Circle, S. W., on a temporary basis for a specified time period of one year from the date of adoption of the ordinance providing for said closure, but without vacation of any part of the street right-of-way, thereby recommending that said closure be effected by barricade, as described on Map "B" attached to the report, subject to tho following conditions, was before Council. The applicant shall provide for the construction and installation of a physical barrier at the intersection of Belle Alre Circle, S. W., and Brandon Avenue, S. W., designed to be opened, removed or knocked down. The design and installation of the barrier shall be subject to approval of the City Fire Department. City staff shall review the effectiveness and overall impact of the temporary closure on the adjacent community during the one year period of closure. City staff will report its findings to the Planning Commission within three months of the time period to provide for a final recommendation to City Council on the question of permanent closure by barricade. 178 ACTION: ff the specified barricade has not been installed by the applicant and approved by the City Fire Department within s p..eriod of twelve (t2) months from the date of the ordinance providing for the subject temporary closure, said ordinance shall become null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) Mr. INhits moved that the following ordinance be placed upon its first reading: (f/32255) AN ORDINANCE authorizing the alteration and closing by temporary barricade of a certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, sss Ordinance Book No. 56, page 500.) The motion was seconded by Mr. McCadden. The Mayor inquired ff there were parsons present who would like to address Council with regard to the request. Dr. Houston L. B.e!l, petitioner, 3815 Belle Aire Circle, S.W., i appeared before Counc, I ,n support of the request Dr. Bell requested that the City fund all necessary costs for the barricade; whereupon, Edward R. Tucker, City Planner, noted that from the outset, the applicant has requested that the City pay the cost of any necessary structures such as cul-de-sacs, barricades, etc. He explained that the City Planning Commission originally recommended to Council on a 3 - 2 vote that the request be approved, and Council after hearing dissention among property owners as to where the barricade and the cul-de-sac would be located, referred the matter back to the City Planning Commission to meet with residents of the area, and following further review, the Planning Commission recommended that a turnaround be provided at the "T"-ssction of the street, along with appropriate signs alerting the public to the dead-end and to the no thoroughfare area. He advised that the City Planning Commission now recommends that Council approve the request, however, the Planning Commission has not offered a recommendation with regard to which party would be responsible for costs incurred inasmuch as the Planning Commission felt it should be the prerogative of Council. Mr. 179 Tucker noted that since closure ie recommended for approval on a one year trial period basil, that since City staff will report to Council with s recommendation as to whether the barricade is a solid, sound and effective idea, and since the barricade is a temporary measure, it is the opinion of City staff that the barricade should be installed at City expense. Following discussion of the question, Mr. Edwards moved that Ordinance No. 32255 be amended to provide that the temporary barricade will be installed at City expense. The motion was seconded by Mr. McCadden and unanimously adopted. Mr. Hugh A. Meagher, 1201 Crestmoor Drive, S. W., advised that the Board of Directors of the Greater Deyerle Neighborhood Association, supports the request of Dr. Bell, and presented petitions signed by 14 persons in favor of closing the east end of Belle Aim Circle, S. W., and three petitions in opposition to the request. (See petitions on file in the City Clerk's Office.) Ordinance No. 32255, es above amended, was adopted on its first reading by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowered- .................... 7. NAYS: None .... ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, November 11, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Trinity Evangelical Lutheran Church that property located at the southeast coroer of the intersection of Greenland and Epperly Avenues, N. W., described as Official Tax Nos. 2161001, 2161003 and 2161025, be rezoned from RM-2, Residential Multi-Family, Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, the matter was before the body. 180 ACTION: Legal advertisement of the public hearing was published in the Roanoke Times & Worid-New~ on Friday, October 28, 1994, and Friday, November 4, 1994. (Sss publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning ia to provide for construction of parldng lot facilities and other church related structures that would complement the existing church and neighborhood, was before Council. The Planning Commission recommended that Council approve the request for rezoning which would place all contiguous property under one ownership into the same zoning district classification to facilitate the conditional development of the property; and development of the site as an additional off-strsst church perking area would provide a transitional and buffer ama from the major arterial corridor (Route 11, William. son Road) to the residential uses to the west and south of the property. (For full text, see report on file in the City Clerk's Office.) Mrs...Bo~ss moved that the following ordinance be placed upon its first read,ng: (~32256) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 216, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 56, page 502.) The motion was seconded by Mr. Edwards. Mrs. Bowles called attention to an error in the legal description which refers to Greenland Avenue and Epperiy Avenue, N. W., however, the legal description should be corrected to Greenlawn Avenue and Epperly Avenue, N. W. W. Michael Woolwine, Attorney representing the petitioner, appeared before Council in support of the request of his client and called attention to an error in one of the Official Tax Nos. which should ACTION: ACTION: 181 be corrected to read Official Tax No. 2161002 instead of 2161003; whereupon, the Chair requested that the ordinance be corrected to reflect the two abovede~cdbed revisions. Ordinance No. 32256, as above amended, was adopted on its first reading by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers ..... 7. NAYS: None OTHER HEARINGS OF CITIZENS: None. CITY MANAGER-COUNCIL: An oral request of the City Manager that Council meet in Executive Session to discuss a matter of actual litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter of actual litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ............................. 7. NAYS: None At 7:35 p.m., the Mayor declared the meeting in recess. At 9:00 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Mr. McCaddsn who left the meeting during the Executive Session. COUNCIL: With respect to the Executive Session just concluded, Mr. Parrott moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom 182 of InformaUon Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was c.o. nvened I were heard, discussed or considered by City Council. The motion was · seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Membere Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ......... : .......... -6. NAYS: None (Council Member McCadden was absent.) There being no further business, the Mayor declared the meeting adjourned at 9:02 p.m. APPROVED ATTEST: Mary F. Parker City Clerk 183 REGULAR WEEKLY SESSION ...... ROANOKE CIT~ COUNCIL November 28, 1994 10:00 a.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, November 28, 1994, st 10:00 a.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, ~ of Section 2-15, Rules of Procedure. Code of the City of Roanoke (1979), as amended. PRESENT: Council Member~ William iNhits, Sr., Linda F. Wyatt, Elizabeth T. Bowles, John S. Edwards, Delvis O. McCedden, John H. Parrott and Mayor David A. Bowers ......................................... 7. ABSENT: None ............................ --0. OFFICERS PRESENT: W. Robert Herbert, City Manager;, James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attomey; James D. Grisso, Director of Finance; and Mary F. Perker, City Clerk. The meeting was opened with a prayer by The Reverend Thomas F. Stocks, Pastor, Rosalind Hills Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Mr. McCedden offered the following resolution commending and congratulating the Roanoke Catholic School Celtics for an outstanding football season, culminating in the team's winning the Virginia Independent Schools Association, Division I, Football Championship: (#32257-112894) A RESOLUTION commending and congratulating the Roanoke Catholic School Celtics for an outstanding football season, culminating in the team's winning the Virginia Independent Schools Association, Division I, Football Championship. (For full text of Resolution, see Resolution Book No. 56, page 503.) 184 ACTION: ACTION: Mr. McCadden moved the adoption of Resolution No. 32257- 112894. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, INyatt, Bowies, Edwards, McCadden and Mayor Bowers ........ --6. NAYS: None .................... -----0. (Council Member Parrott was out of the Council Chamber.) The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for Executive Session to discuss a matter with regard to actual litigation; and to discuss personnel m~ltom relating to vacancies on various authorities, boards, commissions and committees appointed by Council. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers .......................... 7. NAYS: None .............................. -O. 185 CITY MANAGER-COUNCIL: A report of the. City Manager [] · r~...uesting that Council meet in Executive Session to dmacuas a matter w~th regard to actual litigation, pumuant to Section 2.1-344 (A)(7), Code of Virginia (1950), aa amended, wes before the body. (For full text, see report on file in the City Clerk'a Office.) ACTION: Mrs. Bowies moved that Council concur in the request of the City Manager to convene in Executive Session to diacuss a matter with regard to actual litigation, pursuant to Section 2.1.344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Wltite, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers ............. - ........... 7. NAYS: None NEIGHBORHOOD ORGANIZATIONS.PLANNING: A report of the City Manager advising that the Urban Summit to be held on December 8, 1994, in Richmond, Virginia, is a critical meeting in the beginning of a serious dialogue of the future of urban centers within the · Commonv.ve... alth of ~rginia; that in addition .t.o the Mayor and Members of Council, the City Attorney and the City Manager, it would be appropriate to invite as many interested neighborbood leaders to participate in this broad baaed discussion; and to that end, he has requested that John R. Mettles, Chief of Community Planning, extend an invitation to each neighborhood organization regarding a representative from their neighborhood attending the Urban Summit, was before the body. It was further advised that to date, five neighborhood leaders have tentatively accepted the City'a invitation, and the necessary travel arrangements will be made and sufficient funds are available in operating accounts. (For full text, see report on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that the report be received and tiled. The motion was seconded by Mr. Edwards and adopted by the following vote: 186 ACTION: ACTION: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ....... 7. NAYS: None.. DIRECT.O.R OF FINANCE-ANNUAL REPORTS-PENSIONS: A report of the D, rector of Finance transmitting the 1994 Annual Report of the Pension Plan, 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. Edwards and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ................................. 7. NAYS: Nono OATHS OF OFFICE-COMMITTEES-CIVIC CENTER: A report of qualification of Calvin H. Johnson as a member of the Roanoke Civic Center Commission, for a term ending September 30, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers .............................. 7. NAYS: Non= ...................................... --0. HEARING OF CITIZENS UPON PUBLIC MATTERS: 187 ZONING-ANNUAL REPORTS-SPECIAL PERMITS-WRABA- SPECIAL SERVICE DISTRICT: Roger D. Dalton, Executive Director, Williamson Road Area Business Association, appeared before Council and presented a report on past, current and future activities of the W111iamson Road Area Business Association (WRABA). He explained that WRABA was established in 1981 as an outgrowth of the Williamson Road Action Forum which was formed in 1980 to deal with certain critical community issues in the Williamson Road area and since that time, significant accomplishments have taken place; viz: development of a comprehensive urban design catalog development of Gateway Park at Williamson Road and Orange Avenue development of Andrews Park at Williarnson Road and Herehberger Road renovation of Oakland Elementary School removal of undesirable housing and businesses renovation of the Lee Theatre installation of critically needed storm drainage improvements, and completion of Breckinridge Middle School landscaping. Mr. Dalton expressed appreciation to Council for working with the Williamson Road Area Business Association and for establishing the Williamson Road Special Service District which has generated additional revenue and will continue to be the catalyst for improving the aree's economy and quality of life. He discussed actions taken by the organization during the past year to move toward its goal of revitalization, as well as future plans for a new Williamson Road area. On behalf of the Williamson Road Area Business Association, Mr. Dalton expressed appreciation for Council's continued support, advising that all persons strive for the same goals; viz: an unrivaled quality of life, good jobs, a vibrant economy, and first class educational 188 opportunities. He stated that the Williamson Road Area Business Association will work hard to attain thoss goals and urged that Council continue to work with the organization. (See statement on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the remarks of Mr. Dalton would be received and filed. ANNUAL REPORTS-DOWNTOWN ROANOKE, INCORPORATED: John P. Grove, President, Downtown Roanoke, Inc., appeared before Council and presented the 1994 Annual Report and an eight minute audio/visual presentation. (See annual report on file in the City Clerk's Office.) Mr. Grove advised that in anticipation of the opening of the Hotel Roanoke/Conference Center and other projects that accompany such a large undertaking, Downtown Roanoke, Inc., is prepared to lead the center city into the next phase of development. He stated that over the coming year, the focus will be on building downtown Roanoke's reputation as an arta/antertainment center for weetem Virginia, while developing the infrastructure necessary to sustain a growing downtown residential community, along with a plan to guide development in all areas of the downtown service district into the 21st century. He expressed appreciation for Council's support during the past year and advised that Downtown Roanoke, Inc., looks forward to working with the City in the future. · Mr. McCadden encouraged Downtown Roanoke, Inc., in conJunction with the City of Roanoke, to address the issue of parking for downtown residents, advising that lack of parking hinders the growth of downtown housing development; whereupon, Mr. Grove stated that officials of Downtown Roanoke are aware of the concern and they have discussed the matter with City officials. Vice-Mayor Edwards advised that living facilities such as townhousee and apartments, etc., would be an asset to downtown Roanoke, and encouraged the involvement of Downtown Roanoke, Inc. Mr. White spoke in support of a marketing strategy that would call attention to the fact that downtown Roanoke is "everyone's neighborhood". 189 Mr. Parrott advised that there are a numbs, r of things that can be i done to encourage development/ ,n downtown Roanoke, con.s, tnJction and requested information on the identity of downtown developers and restrictions, if any, that are imposed by the City that may act as a deterrent to downtown development/construction. Mrs. Bowles expressed appreciation for the strong leadership of Downtown Roanoke, Inc., end stated that the City should be marketed in every possible way. Ms. Wyatt advised that Roanoke is a large country town, however, the locality does not always take advantage of a uniqueness that no other city in the Commonwealth of Virginia enjoys, and she encouraged Downtown Roanoke, Inc., to give consideration to sponsonng those kinds of folk art/country music activities that will call attention to the uniqueness of the Roanoke Valley and attract visitors to Roanoke's mountains and to its culture. Without objection by Council, the Mayor advised that the remarks of Mr. Grove would be received and filed. BUD(?.ET-GREENWAY SYSTEM: Robert H. Fe..tzer, representing I .Val. ley 13es,,::;dl Foundation, appeared before Council and presented bnefing on a grsenway system for the Roanoke Valley. He advised that greenwaya are corridors of protected open space managed for conservation, recreation and educational purposes which usually follow natural corridors such as rivers, floodplains, valleys and ridgetops or man-made corridors such as abandoned railroads, utility lines, atc., and greenways link natural reserves, cultural features and historic sites with towns and cities. He noted that greenways have caught on in many areas because they are a cost effective way to attract business and to greatly improve the quality of life of a region. He explained that the Roanoke Greenway System will connect the Appalachian Trail, the Blue Ridge Parkway and the mountains to the City of Roanoke, advising that Roanoke has a history of transportation, and today's needs demand more of the "Transportation City" by providing citizens and visitors with a transportation link to meet the recreation, economic and environmental needs of a city the size of Roanoke. 190 Mr. Fetzer called attention to grssnways in other cities such as Raleigh-Durham, North Carolina, Knoxville, Tennessee, Chattanooga, Tennessee, and San Antonio, Texas, and pointed out that although Roanoke is the largest and most cosmopolitan city in southwest Virginia, it lags behind other cities and towns in the region in terms of a greenways system, with Lynchburg, Danville, Bedford, Marion and Lee County having all received ISTEA grants to develop graenways trails. He explained that a greenways system has the potential to impact a city in a wide variety of ways by increasing its economic potential, by becoming a major recreational and educational amenity, by helping to manage storm water and by preserving the wildlife and plant habitats. He called attention to several studies that have been commissioned by the City since 1908, as well as numerous stretches of the Roanoke area that are ready to happen; viz: Wasena Park can be upgraded to become the hub from which stretches of greenway emanate, such as the old road from Roanoke Memorial Hospital to Mill Mountain Zoo and Park, the stretch from Roanoke Memorial Hospital to Community Hospital, the stretch from Community Hospital to Hotel Roanoke, the stretch along the river where proposed sawer line interceptors will run, and stretches along, streams and creeks to make links between parks, supporting facilities and neighborhoods, thereby establishing an interconnecting web of green space tying Roanoke's neighborhoods together and insuring that they remain vital. Mr. Fetter called attention to expansion of the system throughout the region, which graenway can eventually be extended to Vinton, Salem, Montgomery County, Explore Park, Smith Mountain Lake, Virginia Tech and the New River Valley. Mr. Fetzer explained that a greenways committee currently exists and has met on several occasions, however, the Mayor is requested to appoint a greenways commission to lead the City and the region in upgrading and solidifying the greenways master plan, which, once in place, will enable the Commission to work with utility companies, businesses and other landowners to begin implementation. In conclusion, he advised that the scenic beauty and accessible location of the Roanoke Valley are its most valuable and marketable assets, that 191 there is a need to capitaliza on these assets, and a gresnweys pr.o.j, ect I is an excellent way to cost effectively turn Roanoke into a competitive drawing card for business and residents. Lucy EIIiott, representing Valley Beautiful Foundation, expressed appreciation for Council's consideration of a greanways system for the Roanoke Valley. She advised that Valley Beautiful, since its inception in 1981, has worked to enhance the quality of life in the Roanoke Valley not only by encouraging the planting of trees and other vegetation but also through the preservation of the scenic beauty of the area. She called attention to meetings that have been held to learn more about the greenways system and noted that organizations such as Explore Park, garden clubs, bird clubs, the Science Museum of Southwestern Virginia, hiking and biking groups and other interested citizens are all eager to form a coalition to move the concept forward. She advised that the idea has been studied and restudied and now is the time to proceed and urged that Council appoint a greenways commission to study past plans and to recommend a future plan, with the greenways commission to be directed to cooperate with other Roanoke Valley localities in planning a joint graenways system. Mr. McCadden move..d that the matter be referred to the City I Manager to develop a potential greenways system for the area Roan.o. ke and to 1995-96 budget study for report to Council. The mobon was seconded by Ms. Wyatt and adopted. The City Manager noted that $31,000.00 was included in the City's Capital Maintenance and Equipment Replacement Program to move the issue forward within the context of certain of the transmission lines that will be laid in regard to expansion of the Sewage Treatment Plant; therefore, it is a matter that Council has already begun to address. He pointed out that the rngionslization issue is critical because many of the trails that were mentioned run across the lines of other jurisdictions. He explained that his time would be spent in two areas; viz: (1) to provide Council with a target date as to when the work already authorized will be completed, and (2) involvement, if any, by other Roanoke Valley jurisdictions. OTHER HEARING OF CITIZENS: None. 192 At 11:15 a.m., the Mayor declared the meeting in recess. At 11:28 a.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. PETITIONS AND COMMUNICATIONS: BUDGET-GRANTS-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. Grant No. 6146 -$23,043.00 for the Chapter I Program Assistance to provide funds to meet the special education needs of educationally deprived children at four targeted Chapter I schools. The Program will be reimbursed 100 par cent by Federal funds. Grant No. 6769 Grant No. 6775 - -$8,314.00 for the 1994.95 Perkins Act Program to provide funds for vocational instructors and equipment. The Program will be rsimbumed 100 percent by Federal funds. $13,500.00 for the Volunteer Utsrscy Program for 1994-95 to provide pass-through funds to be sent to the support of the Roanoke Volunteer Literacy Program. The Program will be funded by Federal funds. Grant No. 6928 - $39,100.00 for the Homeless Assistance Program to provide instructional services to homeless students. The Program will be raimbursed by Federal funds in the amount of $33,000.00, with a local match of $6,100.00. Grant No. 6525 - $5,264.00 for the 1994-95 Early Intervention Program to provide sensory integration training for special education staff and sensory integration services for identified mtw..o-year olds. The Program will be tmbureed 100 per cent by Federal funds. 193 A report of the Director of Finance concurring in the request of I the School Board, advising that the Homeless Assistance Program grant requires a local match of $6,100.00, which funding is available in Tuition In-State, Account No. 030-060-6001-6229-0382, wes also before Council. (For full text, sss communication and report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (~32258.112894) AN ORDINANCE to amend and reordain certain sections of the 199495 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 504.) ACTION: Mr. White moved the adoption of Ordinance No. 32258-112894. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, I McCadden, Parrott and Mayor Bowers ............ 7. NAYS: Non.- ........................... -6. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: Nons. ITEMS RECOMMENDED FOR ACTION: BUDGET-CITY SHERIFF-CITY JAIL-GRANTS-SCHOOLS: The City Manager submitted a written report advising that funding for continuation of the Roanoke City Jail's Adult BssiCEducation Program for fiscal year 1994-95 was requested by the Roanoke City School Division and approved by the State Department of Education; and on August 22, 1994, Council approved a report requesting acceptance of Federal pass-through funds from the State and appropriated the City's share, as follows: 194 State Department of Education Funding Local Cash Match $18,500.00 I 1.833.00 Total Adult Basic Education Program Funding $18,333.00 It was further advised that Council referred the matter of hiring an employee to administer the General Education Development (GED) Program for inmates in the Roanoke City Jail and to provide follow-up services after completion of the program to the City Manager and to the City Sheriff for study, report and recommendation; that on Monday, October 10, 1994, a report was submitted to Council providing information on the Jail Education Programs and recommending that the City not assume the full cost of education programs, but fund the local share of Federal grants to support the programs; that action on the report was deferred for 60 days pending receipt of additional information from the City Manager with regard to the number of individuals who successfully completed the GED Program while incarcerated compared to the recidivism rate of those who did not complete the program; and the City Manager was further requested to investigate other available programs for inmates prior to release from the Roanoke City Jail, such as GED classes and Adult Education · classes sponsored by the Roanoke City Public School system, as well as programs sponsored by Total Action Against Poverty and Virginia CARES, Inc. It was explained that the City Sheriff has provided information to the City Manager with regard to recidivism rates and availability of other programs for inmates; that based on data collected over the past five years, the rate of recidivism for the Roanoke City Jail is 47.8 per cent (recidivism rate is determined by the number of offenders committed to the Roanoke City Jail more than once during the past five years); that recidivism rate for the 115 offenders who have received their GED is 31.3 per cent, and of those 115 offenders, 40 per cent have not returned to jail and 28.7 per cent are still incarcerated; and currently, limited transitional services are provided to all inmates who have not completed their GED level of education and are released into the community. 195 It was explained that add?onal Adult Education funding has been requested by the Roanoke C~ty School Division and approved by the State Department of Education for the fiscal year 1994-95 Jail EducaUon Program; that additional funding, in the amount of $8,903.00, needs to be accepted by. Council and a matching local share of $990.00 needs to be appropriated, totalling $9,893.00; and total funding for fiscal year 1994,98 for the Adult Basic Education Program will equal $28,226.00 (State Department of Education funding - $25,403.00 and local matching funds - $2,823.00). The City Manager recommended that Council concur in the following actions: accept additional funding in the amount of $8,903.00 from the State Department of Education and appropriate said amount and the local match amount of $990.00 to accounts established in the Grant fund for this purpose; increase the revenue estimate in the Grant Fund by $8,903.00 in State Department of Education funding and $990.00 in local cash matching funding to be transferred from the Roanoke City Jail, Account No. 0014)24-3310- 1002; and appropriate $9,893.00 in accounts established in the Grant Fund for the Jail Education Program: Temporary Wages - $9,189.00 and FiCA - $704.00. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~32259-112894) AN ORDINANCE to amend and raordain certain sections of the 1994-95 Grant and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 506.) ACTION: Mr. Pawott moved the adoption of Ordinance No. 32259-t 12894. The motion was seconded by Ms. Wyatt. 196 Ms. Wyatt and Mr. McCadden addressed the need for an additional teacher for the Roanoke City Jail to administer th.e GED Program and to assist with follow-up servlcss after incarcerat, on, in which it was pointed out that the matter could be a topic for discussion ss a part of the City's 1995 Legislative Program which will be presented to the City's 1995 delegation to the General Assembly at a meeting to be held on, Monday, December 12, 1994. Diane S. Akers, Management/Budget Analyst, advised that the report before Council appropriates funding for a full time teacher, however, it is not a per,~anent position; that two teachers presently work with inmates in the Roanoke City Jail, one in the Special Education Program which no longer receives funding from the State and the second teacher works with the GED Program; and the report presently before Council relates primarily to the GED Program. Ms. Wyatt explained that according to strict Federal guidelines, even though there may be individuals on a waiting list, the special education teacher can serve only a limited population. She spoke in support of utilizing the services of two teachers who ars qualified to teach the GED program, and added that she would support an additional full-time teacher. Mr. White inquired of Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Schools, ss to why funds are not included in the school budget to fund teaching positions in the Roanoke City Jail on a full-time, permanent basis; whereupon, Mr. Kelley responded that the Roanoke City Public Schools is a K - 12 educational organization, that the grant presently under discussion deals with adult prisoners, and the other position deals with special education children under the age of 21 (16 - 21) who are incarcerated, for whom the State requires that the City provide some type of educational services. He pointed out that in April 1994, the State eliminated its portion of funds for the special education grant, therefore, the schools and the City divided the cost of the position to enable local funding. He advised that the other position would serve adult prisoners, for which the City school system does not have funds in its budget nor has it received State funds. Major George M. McMillan, Chief Deputy, Roanoke City Shedff's Department, advised that at this time, only one teacher is needed, although there was a waiting list for participants in the GED Program last year due to the time it took to teach inmates who had a second to 197 third grade education. He pointed out that ~is year, the special I education program has been approved as a full-time program and the teacher can teach a limited number of special education students, as well as assist with the literacy program which will help to take the burden off of the GED teacher and allow that individual to concentrate on the GED Program. He advised that the preference of the Sheriff is to have a full time GED teacher. Ordinance No. 32269.112894 was adopted by tho following vote: AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers ..................... 7. NAYS: None Mr. Parrott offered the following resolution: ACTION: (#32280-112894) A RESOLUTION accepting funding from the Commonwealth of Virginia Department of Education for an education program in the City Jail and authorizing execution of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 56, page 508.) Mr. Parrott moved the adoption of Resolution No. 32260-112894. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ......... - ................ --=--7. NAYS: Non= BUDGET-HOUSING/AUTHORITY-PLANNING-iNDUSTRiES GRANTS: The City Manager submitted a written report advising that the City of Roanoke Redevelopment and Housing Authority administers a variety of Community Development Block Grant funded programs, including projects associated with commercial/industrial development; that on August 8, 1994, Council approved a contract for services with the Housing Authority for administration of these activities in the current fiscal year, pursuant to Resolution No. 32137-080894; that the Economic Development Investment Fund is included in the current contract, and according to the contract, the Housing Authority is 198 provided $6,143.00 for program support costs to administer the $100,000.00 investn~.nt loan program by serving ss the vehicle to dispense and to ~celve payment from business participants, and to assist the City ,n marketing the program; and the Galnsboro Enhancement II project is also included in the current contract and consists of the rehabilitation and sale of two structures previously located at 42 and 56 Walls Avenue, N. E. It was explained that the City has received an application to participate in the Economic Development Investment Fund; that the City desires to administer the Community Development Block Grant economic development program to save valuable time when negotiating loan agreements and to reduce administrative costs associated with the program; that the City Attorney has ruled that it is legal for the City to administer the Economic Development Investment Fund; and the Galnsboro Enhancement II program is requiring additional Housing Authority staff support due to the complexity of the project, therefore, program support costs need to be Increased. The City Manager recommended that he be authorized to execute Amendment No. I to the 1994-95 Community Development Block Grant Subrecipient Agreement with the City of Roanoke Redevelopment and Housing AuthO..dty which will reduce the contract amount with the Housing Authonty by $100,000.00; and that he be authorized to execute CDBG Amendment No. I to the 1994-95 Agreement with the Housing Authority to transfer $6,143.00 from the program and support for the Economic Development Fund, Account No. 035-094-94t0-5031, to fund program support activities for the Galnsboro Enhancement II Program, Account No. 035-094-9410-5008. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: (ft32261-112894) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 508.) 199 ACTION: Mr. McCadden moved the adoption of Ordinance No. 32261- I 112894. The motion wa~ seconded by Ma. Wyatt and adopted by the following vote: AYES: Council Members W1tita, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers-- - .... 7. Mr. McCadden offered the following resolution: (f/37.262.112894) A RESOLUTION authorizing the appropriate City officials to enter into an amendment to the Community Development Block Grant Subrecipient Agreement between the City and the City of Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 56, page 509.) ACTION: Mr. McCadden moved the adoption of Resolution No. 32262- 112894. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers ........................... 7. NAYS: None, HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that the Virginia Housing Partnership Fund (VHPF) is provided by the Virginia Department of Housing and Community Development (DHCD) for various housing assistance activities; that the City has received significant funding from the VHPF over recent years, including a $250,000.00 allocation for the Rental Rehabilitation Program earlier in 1994; and the Urban Rehabilitation Program is a revised program recently announced by DHCD for the following purposes: rehabilitation of substandard, small rental properties, rehabilitetlon of single-family owner-occupied houses, and 200 purchase and rehabilitation of vacant, substandard single- family houses by Iow-income households. It was further advised that funds provided under the Urban Rehabilitation Program ara four per cent interest 15-yesr loans made by the State ;,um the Virginia Housing Partnership Fund to borrowers with incomes not exceeding 60 per cent of the area median income (i.e., $23,460.00 for a family of four); that the City must provide at least 25 per cent of the cost of each project from HOME, Community Development Block Gnmt or other local funds; and the City of Roanoke Redevelopment and Housing Authority will make the necessary arrangements for secured interests. It was explained that the City Administration submitted a proposal to the Department of Housing and Community Development for $540,000.00 h'om the Urban Rehabilitation Program, to supplement the prior $260,000.00 allocation for the Rental Rehabilitation Program for the following purposes: Owner-Occupied Rehabilitation - loan/grant combinations for the rehabilitation of Iow-income homeowners' houses, such that the owner's housing costs would not exceed 30 per cent of his/her income; and Purchase/Rehabilitation Program - loan combinations for the purchase and rehabilitation of substandard, vacant, single-family buildings by first-time homebuyers. It was advised that HOME funds are available to match funds requested from the Virginia Department of Housing and Community Development for the abovedescribed program activities in the following accounts: Owner-Occupied Rehabilitation, Account No. 035-062-5302.5235 $150,000.00 Assistance to First-Time Homebuyers, Account No. 035-052-5301.5231 98,600.00 Rehabilitation Loan Subsidies, Account No. 035-052-5302.5260 100.000.00 Total $348,600.00 i 201 It wes explained that the application submitted to the Virginia I Department of Housing and Community Development anticipates using $260,000.00 of the $348,600.00 of HOME funds to match the Virginia Housing Partnership Fund allocation; that the balance of HOME funds are being resewed for possible assistance to households with incomes in the 60 to 80 per cent of the area median income range, which households ars ineligible for loans from the State; and the projected $260,000.00 of HOME funds exceed the match requirement for the requested $540,000.00 of VHPF funds. It was furttmr explained that the U. S. Department of Housing and Urban Development requires HOME funds to be matched from non- Federal sources; that the $260,000.00 projected to match the State funds required a 12 1/2 par cent non-Federal match of $32,500.00, however, the value of $540,000.00 of VHPF's Iow-interest loans will generate approximately $85,000.00 - $90,000.00 of match credits, which are more than enough to match the $260,000.00 of HOME funds allocated and therefore, will provide excess match for other HOME- funded projects; and endorsement of the application by Council is requested by the Virginia Department of Housing and Community Development. I The City Ma. nager r.e. co..mmended that he be authorized to complete and submit an appl,cat:on to the Department of Housing and Community Development (DHCD) for $540,000.00 under the Urban Rehabilitation Program; and that he be further authorized to execute appropriate documents with DHCD, to be approved as to form by the City Attorney, to accept such allocations of funds if and when awarded by DHCD. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following resolution: (#32263-112854) A RESOLUTION authorizing the City Manager to complete and submit an application to the Virginia Department of Housing and Community Development (DHCD)for $540,000.00 under the Urban Rehabilitation Program, and authorizing the execution and submittal of the requisite documents for the acceptance of funding if and when awarded by DHCD. (For full text of Resolution, see Resolution Book No. 56, page 510.) 202 ACTION: Mrs. Bowias moved the adoption of Resolution No. 32263.112894. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers- : . 7. NAYS: None BUDGET-NEiGHBORHOOD ORGANIZATIONS- HOUSING/AUTHORITY-GRANTS-ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager submitted a written report advising that a minimum of 15 per cent of each year's HOME allocation from the U. S. Department of Housing and Urban Development (HUD) must be reserved for project expenses undertaken by "Community Housing Development Organizatione' (CHDOs) ($74,700.00 from 1993 HOME allocation and $90,750.00 from 1994 HOME allocation); and Council approved execution of an agreement with the Northwest Neighborhood Environmental Organization, Inc., a CHDO, approving up to $133,650.00 in HOME funds for the purchase, rehabilitation and resale of properties located at 813, 814, and 815 Gilmer Avenue, N. W., from the City's 1992 and 1993 HOME allocations, pursuant to Resolution No. 32009-052394, adopted on May 23, 1994, m.'th .A~n. endment No. I to the Agreement hav, ng been executed admimstratwaty on September 1, 1994. It was further advised that 1993 and 1994 HOME funds used for direct project cost requires a 12.5 per cent local match; that 1992 HOME funds did not require a local match; that $73,322.00 in HOME funds of the approved $133,650.00 are currently appropriated to the project by the agreement with the Northwest Neighborhood Environmental Organization and Amendment No. 1; and $11,841.76 in local match has been documented by the Housing Development Office and approved as to HOME eligibility by the Office of Grants Compliance, which match credit leverages $94~734.00 in 1993 and/or 1994 HOME funds to be available for eligible projects. It was explained that total estimated development costs for the Northwest Neighborhood Environmental Organization project at 813, 814 and 815 Gilmer Avenue, N. W., have increased by $56,000.00; that HOME program regulations have also changed to provide that the period of time that the properties are subject to restrictions on resale ("period of affordability") has been reduced and homebuyers of the 203 properties are no longer required to be firet-tirne homebuyere; and · Amendment No. 2 to the Agreement with NNEO has been developed to I accomplish the following: increase total estimated .d. evelopment costs to $239,650.00, of which the City will provide $168,086.00, of which $128,056.00 will be provided to the NNEO and $40,000.00 to the City of Roanoke Redevelopment and Housing Authority, with remaining cost of $71,594.00 to be provided by NNEO; decrease HOME funds provided directly to NNEO from $133,650.00 to $128,056.00; make HOME funds available for relocation assistance to the current tenants of the properties, as required by U. S. Department o?. Housing and Urban Development regulations (est, mated to be $40,000.00); allow NNEO to retain $6,000.00 developer's fee upon the sale of each of the three properties from the proceeds of the sale; I provide that NNEO must document evidence of having commitment of $66,594.00 in bank financing for the balance of the increesed project development costs; remove requirement that homebuyere to whom houses are sold are first-time homebuyers; reduce the period of time that resale restrictions are in place; and provide for payment of financial assistance to homabuyers. The City Manager recommended that he be authorized to execute Amendment No. 2 to the Agreement with the Northwest Neighborhood Environmental Organization, Inc., such amendment to be in a form to be approved by the City Attomey; and that he be further authorized to 204 ACTION: ACTION: transfer $54,734.00 of HOME funds from Account No. 035-052-5301. 5238, CHDOS, to Account No. 035-052-5301-5270, CHDO-NNEO- · 813/814/815 Gilmer. (For full text, see report on file in the City Clerk'a Office.) Mr. White offered the following emergency budget ordinance: (~32264-112894) AN ORDINANCE to amend and reordain certain sections of the 1994.95 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 511.) Mr. White moved the adoption of Ordinance No. 32264-112894. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Membere White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers .................... 7. NAYS: None .......................................... -0. · Mr. White offered the following resolution: (~32265-112894) A RESOLUTION authorizing the appropriate City officials to enter into Amendment No. 2 to the agreement between the City and Northwest Neighborhood Environmental Organization, Inc., relating to the rehabilitation of 813, 814, and 815 Gilmer Avenue, N. W., upon certain ta, nts and conditions. (For full text of Resolution, see Resolution Book No. 56, page 512.) Mr. White moved the adoption of Resolution No. 32265-112894. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ....................... 7. NAYS: None ....... O. 205 TRAFFIC-STATE HIGHWAYS-PLANNING-FIFTH PLANNING · DIS.T .RiCT COMMISSION: The City Manager submitted a written report advimng that the Roanoke Valley Ama Long Range Transportation Plan (1995-2015) will be the primary transportation planning document and basis for all major transportation investments for the next 20 years; that the Federal Highway Administration, the Virginia Department of Transportation (VDOT), and local jurisdictions rely on the Long Range Plan to identify the region's priorities for transportation improvements; that one of the most significant factors in the selection of a project for implementation is whether or not it is contained in the Long Range Plan, which addresses all modes of transportation for moving people and goods, Including highway, public transit, pedestrian, bicycle and rail; and the Long Range Plan, which can be modified by amendments at any time, will be updated every five years. It was further advised that pursuant to Resolution No. 31806- 121393, adopted on Monday, December 13, 1993, a list of roadway deficiencies and recommended improvements for the City of Roanoke was endorsed by Council for further study by VDOT in the development of the Long Range Plan; and a public meeting was held on May 12, 1994, sponsored by the Fifth Planning District Commission, to receive citize, n input on existing or projected transportation problems and I pose,bls solutions before the draft plan was developed. It was explained that a financially-constrained list of roadway projects has now been developed which represents Roanoke City's priorities to be included in the Long Range Plan, which list was developed in accordance with the highest priorities in the Roanoke City Thoroughfare Plan that was approved by Council on January 10, 1994; that potential roadway projects for the Primary System and the Interatsts/National Highway System have been developed by VDOT for the entire Roanoke Valley, which lists include the widening of the Roy L. Webber Expressway scheduled for 1995, as well as additional improvements to the 1-581/Route 220 corridor between Orange Avenue and Wonju Street that may be needed over tbe next 20 years that which could include improvements to the 1-5811Elm Avenue interchange; and the Long Range Plan has been prsparad by VDOT and is now in final draft form, which includes lists from Attachments A, B, and C of the City Manager's report dated November 28, 1994. 206 ACTION: The City Manager recommended that Council concur in Roanoke City's financially-constrained list of projects to be included in the Long Range Plan as described in Attachments A, B, and C to his report under date of November 28, 1994, for input at a December 1, 1994, public information meeting. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following resolution: (#32266-112894) A RESOLUTION concurring in Roanoke City's list of financially-constrained projects and recommended improvements for roadways in the City of Roanoke for further studY in connection with the Roanoke Valley Area Long-Range Transportation Plan. (For full text of Resolution, see Resolution Book No. 56, page 513.) Mrs. Bowies moved the adoption of Resolution No. 32250-112894. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ............................ 7. NAYS: None SEWERS AND STORM DRAINS-CITY PROPERTY-HOUSING/ AUTHORITY-INDUSTRIES-GRANTS-ECONOMIC DEVELOPMENT- STREETS AND ALLEYS: The City Manager submitted a written report advising that on Apdl 11, 1994, Council accepted a bid submitted by Adams Construction Co., Inc., for Deanwood Industrial Park, which consisted of grading, paving and providing drainage for approximately 650 feet of Connecticut Avenue just north of Orange Avenue, N. E., on Hollins Road, and additional paving on Pocahontas Avenue, with work having commenced as of June 6, 1994; and on October 24, 1994, Council approved Change Order No. 1, in the amount of $5,224.05, for raising the grade on Pocahontas Avenue. It was further advised that funds were not available for additional items such as seeding and landscaping at the time the contract was awarded; that in order to avoid delay claims from the contractor, work was started, and Change Order No. 2 provides for the work; that funds 207 are encumbered in the Deanwood Industrial Park project, Account No. i 035-093.9330-6061, in the amount of $98,493,75, for the contract; that additional funds, in the amount of $12,71.8:00, were transferred to the project contingency to provide total fund,ng of $111,21t.75; end the new project contract amount, including Change Order No. 2, is $110,267.49, as follows: original contract amount amount of Change Order No. 1 amount of Change Order No. 2 98,493.75 5,224.05 6.549.69 new contract amount $10,267.49 The City Manager recommended that Council authorize execution of Change Order No. 2 to the contract with Adams Construction Co., Inc., in the amount of $6,549.69, and 27 additional calendar days for seeding and landscaping to prevent erosion. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: I (#32267-112894) AN ORDINANCE approving the City ..M. anager's issuance of Change Order No. 2 to the City's contract w,th Adams Construction Co., Inc., in connection with the Deanwood Industrial Park; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 614.) ACTION: Mr. White moved the adoption of Ordinance No. 32267-112894. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ............................... 7. NAYS: None CITY JAIL: The City Manager submitted a written report advising that Resolution No. 31366-030893 was adopted by Council on March 8, 1993, approving the Roanoke City Jail expansion at an estimated cost of $7.0 million and requesting the Commonwealth of Virginia Board of Corrections to provide reimbursement to the City for 25 per cent of 208 ACTION: eligible costs of the project; and the Board of Corrections approved the request and informed the City of Roanoke of reimbursement of $1,913,940.00 on October 20, 1993, which included additional costs for architectural-engineering fees, property acquisition, etc. It was fu,;;,er advised that Jail Annex construction has been bid and a consbuction contract was awarded to J. M. Turner and Co., Inc., on September 26, 1994; and property acquisition has also been completed along with other related costs to date totalling $9,423,789.00, with reimbursement amount based on 25 per cent of total project costs at $2,355,947.00. The City Manager recommended that Council adopt a resolution requesting reimbursement, in the amount of $2,358,947.00, for the Jail Annex actual and estimated cost to date at the rate of 25 per cent. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (~t32268-112894) A RESOLUTION requesting the Commonwealth of Virginia Board of Corrections to reimburse the City of Roanoke twenty.five percent of eligible costs of the City of Roanoke Jail Construction and Enlargement Project. (For full text of Resolution, see Resolution Book No. 56, page 515.) Ms. Wyatt moved the adoption of Resolution No. 32268-112894. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ..... --. ----7. NAYS: None ................................... -0. BUDGET-DIRECTOR OF FINANCE-POLICE DEPARTMENT- TRAFFIC-CITY CLERK-CITY NURSING HOME-GENERAL DISTRICT COURT-PARKS AND RECREATION-FIRE DEPARTMENT-HUMAN DEVELOPMENT.CITY ATTORNEY-COMMISSIONER OF REVENUE-CITY JAIL-REFUSE COLLECTION-PUBLIC WORKS-PLANNING-PERSONNEL DEPARTMENT-CIRCUIT COURT-COMMUNICATIONS DEPARTMENT- 209 UTILITY LINE SERVICES-CMERP-MANAGEMENT AND BUDGET-CITY I INFORMATION SYSTEMS-YOUTH CORRECTIONAL FACILITIES- LIBRARIES-EMERGENCY MEDICAL SERVICES-ECONOMIC DEVELOPMENT-SCHOOLS-EQUIPMENT: The City Manager submitted a written report advising that the General Fund Capital Maintenance and Equipment Replacement Program has identified operational needs for various City departments; that items that have been identified are necessary for the continued elT, clent and effective performance of assigned msponaibilities; that a listing of those identified items that are anticipated to cost lees than $15,000.00 per single item has been developed and will be procured in accordance with the City's Procurement Code; and appropriation of funds by Council is necessary to provide for purchase of items listed on Attachment A to the City Manager's report dated November 28, 1994. The City Manager recommended that Council appropriate $447,722.00, as follows: $220,870.00 from General Fund Capital Maintenance and Equipment Replacement Program; $3,725.00 from Fleet Management Prior Year Retained I Earnings, to Fleet Management, Account No. 017-052- 2942-9016, -- $27,580.00 from Nursing Home Prior Year Retained Earnings; $22,866,00 from Utility Line Services Prior Year Retained Earnings, to Utility Line Services, Account No. 016-056- 2626-9015; $94,181.00 from City Information Systems Prior Year Retained Eamings, $50,000.00 from General Fund Capital Maintenance and Equipment Replacement Program to transfer to City Information Systems Fund, Account No. 001-094-9310-9513, increase the appropriation in City Info,,.ation Systems, Account No. 013-052-1602-9015, and increase the revenue estimate in the City Information Systems Fund by $$0,000.00; and 210 ACTION: $?.8,500.00 from Management Sewicee Prior Year Retained Earnings to Management Services, Account No. 015-002- 1618-9015. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (ft32269-112894) AN ORDINANCE to amend and reordain certain sections of the 1994-95 General, Capital, Fleet Management, Nursing Home, Utility Line Services, City Information Systems and Management Services Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page $16.) Mrs. Bowles moved the adoption of Ordinance No. 32269-112894. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ............................ 7. NAYS: None BUDGET-POLICE DEPARTMENT-COMMONWEALTH'S ATTORNEY-LEGISLATION.GRANTS: The City Manager submitted a written report advising that the Police Department receives additional funds periodically from the Federal Government's Asset Sharing Program; that action by Council is necessary to accept additional funds to be dispersed in accordance with provisions of said program; and revenues totalling $27,853.00 have been collected and are available for appropriation in Grant Fund Account No. 035-035-1234-7194. The City Manager recommended that Council accept assets from the Federal Forfeited Property Sharing Program and appropriate $27,853.00 to Grant Fund Account Investigations and Rewards, Account No. 035-050-3304-2150, and establish a Grant Fund revenue estimate, Account No. 035-035-1234-7194, in the amount of $27,853.50. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency budget ordinance: 211 (f/32270-112894) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 521.) ACTION: Mre. Bowies moved the adoption of Ordinance No. 32270-112894. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ............................ 7. NAYS: Non= DIRECTOR OF FINANCE: BUDGET-DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS-PENSIONS: The Director of Finance submitted the financial report for the City of Roanoke for the month of October 1994. Mr. White Inquired as to whether the Director of Finance and the City Manager anti_c!pate the need for a mid-yesr revenue adjustment; whereupon, the Director of Finance advised that before be would recommend an adjustment of the current revenue estimate, he would prefer to examine Christmas sales/sales tax, etc., and noted that December sales reports am not due until February 1995. He pointed out that any change in the revenue estimate equal to one per cent, or $500,000.00, whichever is less, will require a public hearing by Council. Mr. White requested that the Director of Finance advise Council in February 1995 as to whether there will be a need to adjust revenue. The Commissioner of the Revenue advised that she is excited about aggressively and assertively using all revenue sources available to insure that appropriate individuals will secure their City business license, and she expects a major increase in the renewal of 1995 business licenses as a reflection of the 1994 sales tax. Without objection by Council, the Mayor advised that the October financial report would be received and filed. 212 The Director of Finance presented the audited City of Roanoke _Comprehensive Annual Financial Report and the Component Unit I F,nanclal Report for the Pension Plan for the fiscal year ended June 30, 1994. He edv~asd that the unsudWKI General Fund Capital Maintenance and Equipment Replacement Program for the year end fund balance reported to Council on July 25, 1994, is unchanged and the audited balance was allocated between the City and the Schools in the amounts of $2,917,415.00 and $1,221,770.00, respectively. (For full text, see reports on file in the City Clerk's Office.) Mr. White called attention to the need for Council to hold another Financial Planning Session in early 1996 to deal with the City's financial statements, statistical data, fiscal stress, etc., and requested that the Mayor instruct the City Manager to begin the planning process. Without objection by Council, the Mayor advised that the Comprehensive Annual Financial Report and the Component Unit Financial Report for the Pension Plan would be received and filed. CITY CODE-CITY EMPLOYEES-PENSIONS: The Director of Finance submitted a written report advising that on June 18, 1984, Council adopted Ordinance No. 27061 establishing a new retirement system effective July 1, 1984; that the new retirement system, Employees' Supplemental Retirement System (ESRS) is the only system available to employees hired or rehired on or after July 1, 1994; that employees who were members of the Employees' Retirement System (ERS) as of June 30, 1984, had an option of remaining a member of ERS (old system) or transferring their membership to ESRS (new system), and from July 1, 1984 through December 31, 1684, 877 employees exercised their option to transfer to the new system; and due to retirements and terminations, only 566 employees currently remain in the old system of the 1,112 empioyeee who elected not to transfer to ESRS ten years ago. It was explained that of the 666 employees still remaining in the ERS, approximately 60 per cent have 20 or more years of service; and senior employees should be provided with another opportunity to participate in the same retirement benefits that are granted to new employees, which will allow these career employees another opportunity to transfer to the ESRS if it is in their bast interest. 213 The Director of Finance advised that in order to provide adequate time to brief each eligible employee regarding specific benefits related to ESRS and ERS and to provide the necessary information to make an informed decision in their best Interest, he would recommend the following dates: Effective Date: Transfer option will be available to all employees of the City on February 1, t995 Option Period: February 1, 1995 through May 16, 1995 The Director of Finance transmitted an ordinance providing employees in the Employees' Retirement System in the service of the City on February 1, 1995, with an option to transfer to the Employees' Supplemental Retirement System from February 1, 1995 to May 16, 1995. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Parrott moved that the following,ordinance be placed upon its first reading: (#32271) AN ORDINANCE amending and reordaining §22.1-3, Membershio aenerellv, of Chapter 22.1, Pensions and Retirement. Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (cl) providing for a new window of opportunity during which members of the Employees' Retirement System may transfer to the Employees' Supplemental Retirement System. (For full text of Ordinance, see Ordinance Book No. 96, page 528.) The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ....... 7. NAYS: Non= 214 REPORTS OF COMMITTEES: CITY CHARTER-LEGISLATION-SCHOOLS: Council Member William White, Sr., Co-Chairperson of the Legislative Affairs Committee, presented a written report on behalf of the Committee, advising that on November 21, 1994, City Council's Legislative Affairs Committee mot to review the proposed 1995 Legislative Program which was prepared by the City Attorney. He further advised that following careful review, the Committee approved the Program and recommended that Council adopt a measure endorsing the Program and commend the Program to the City's delegation to the 1995 Session of the General Assembly. It wes explained that unfunded Federal and State mandates have recently been the topic of much discussion, and the Policy Statements Section of the 1995 Legislative Program includes a strong statement on Mandates; that the Policy Statsmenta again highlight the plight of the Commonwealth's central cities and request that the General Assembly address this critical issue; that the paramount issue included in the Legislative Proposals is the request of the City Council and the City School Board that the Commonwealth of Virginia provide more equitable funding for the City's School Division; and previous Legislative Programs of the City have been responsible for improving the efficiency of local govemmsnt and the quality of life of citizens, and the Program that the Legislative Affairs Committee now recommends should continue this tradition. The City Attorney explained that the proposed Charter amendment will require a public hearing, and it is recommended that Council, by motion, establish a public hearing on the proposed Charter amendments to be held on December 19, 1994, which will permit the City Attorney to complets the required public advertising and allow for introduction of the Charter amendment bill prior to the first day of the 1995 Session of the General Assembly as required by State Code. (For full ts)d, see report and 1995 Legislative Program on file in the City Clerk's Office.) Mr. White offered the following resolution adopting and endorsing the City's 1995 Legislative Program and establishing a public hearing to be held on Monday, December 19, 1994, at 10:00 a.m., with regard to City Charter amondmenta: 215 (#32272-112894) A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 1995 Session of the General Assembly. (For full text of Resolution, see Resolution Book No. 56, page 522.) ACTION: Mr. White moved the adoption of Resolution No. 32272-112894. The motion was seconded by Mr. Edwards. Ms. Wyatt referred to Page 10, Safe School Legislation, item number one; viz: "State funding assistance for security personnel and equipment, including resource officers to facilitate safe schools through drug prevention, firearm education and police awareness;" and suggested that the word "truancy" be added. It was the unanimous consensus of Council to add the word "truancy" to the item pertaining to Safe School Legislation. Ms. Wyatt expressed concern in regard to Page 12, Employee Grievance Procedures, as follows: "Legislation has been introduced and defeated in prior years that would impose binding a~;~,a;~on on the grievance process for teaching employees. School Boards should i retain the final a.u?ori~.for all teacher personnel matters rather than a third party admin,strative official. The General Assembly is asked to reject any legislation requiring binding arbitration for teacher grievances." She advised that she could not vote for any proposal that denies employees an even playing field. She explained that she has served on grievance panels which involve a process allowing the employee the right to a representative, that the school system has the right to a representative, and the two parties select a mutually agreeable third person, and the three parties go through the process of a hearing, followed by a decision of the three individuals in favor of either the school system or the employee. She added that if that were the end of the process, she would have no further questions, however, at that point, the grievance then goes back to the School Board for a final decision. She stated that she did not believe that the procedure provides an open and fair process for the employee and she could not support this particular portion of the 1995 Legislative Program. ACTION: Ms. Wyatt moved that the section entitled, Employee Grievance Procedures, be deleted from the 1995 Legislative Program. The motion was seconded by Mr. Edwards. 216 Upon question, the City Attorney explained that the section dealing with Employee Grievance Procedures was p.roposed by the ! School Board; whereupon, Mr. White expressed caution in regard to deleting the item at the Council level, rather than sending it back through the appropriate process. He stated that he would not be opposed to referring the matter back to the Legislative Affairs Committee, with involvement by the School Board, if there is sufficient time to address the concems expressed by Me. Wyatt. Following discussion, Ms, Wyatt's motion was lost, with Council Membere Bowies, McCadden, Parrott, White and Mayor BOwers voting no. Resolution No. 32272-112894 was adopted by the following vote: AYES: Council Membem White, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ................ -6. NAYS: Council Member Wyatt ..................... 1. BUDGET-WATER RESOURCES-CONSULTANTS REPORTS- EQUIPMENT: Council Member William White, Sr., Chairperson of the Bid Committee, presented a written report on behalf of the Committee, in connection with bide received by the City for additional contract items relating to Carvins Cove Filter Plant Improvements, Phase I, recommending that Council concur in the following actions: authorize the City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney, with Conetruction Services of Roanoke, Inc., for new con~,act itsrns for Carvin~ Cove Filter Plant Improvements, Phase I, in accordance with contract documents as prepared by Mattem & Craig, inc., Consulting Engineers, in the amount of $114,985.00 and 90 consecutive calendar days to complete the work; appropriate $125,000.00 from Water Fund Retained Earnings to an account entitled, 'New Contract Items at Carvins Cove', as follows: contract amount $114,985.00 project contingency 10.015.00 total $125,000.00 ACTION: 217 reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports On file in the City Clerk's Office.) Mr. Wttite offered the following emergency budget ordinance: (#32273-112894) AN ORDINANCE to amend and raordain certain sections of the 1994-95 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 523.) Mr. White moved the adoption of Ordinance No. 32273-112894. The motion was seconded by Mr. Parrott and adopted by the following vote: NAYS: None ........................................... -0. Mr. White offered the following emergency ordinance: (#32274-112894) AN ORDINANCE accepting the bid of Construction Services of Roanoke, Inc., for additional items relating to Carvins Cove Filter Plant Improvements, Phase I, upon certain te,,,~s and conditions; and rejecting all other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 524.) Mr. White moved the adoption of Ordinance No. 32274-112894. The motion was seconded by Mr. Parrott and adopted by the following vote: ACTION: AYES: Council Members White, _.W.y._a~,...B__o..w.l_e.s.,....E._d~.ard_~, McCadden, Parrott and Mayor Bowers ...... 7. 218 AYES: Council Members White, Wyatt, Bowles, Edwards, McCaddan, Parrott and Mayor Bowers- - .......... 7. I · NAYS: Nor:.= ................ 4). BUDGET-ROANOKE CIVIC CENTER: Council Member William White, Sr., Chairperson of the Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for replacing the wood stage floor at the Roanoke Civic Center Auditorium, recommending that Council concur in the following actions: authorize the City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney, with Robert L. Scott, Sr. and Son, Inc., in accordance with contract documents aa prepared by the Office of City Engineer, in the amount of $75,000.00, with said work to be performed between December 19, 1994 and January 19, 1995; appropriate $75,000.00 from Civic Center Fund Previous Years' Retained Eaminge to a new capital outlay account to be established by the Director of Finance, aa follows: contract amount $75,000.00 project contingency 3.000,00 total $78,000.00 reject the other bid received by the City. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (ft32275-112894) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 525.) 219 ACTION: MR. White moved the adoption of Ordinance No. 32275-112894. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ...... - ....... 7. NAYS: None Mr. White offered the following emergency ordinance: (~32276-112894) AN ORDINANCE accepting the bid of Robert L. Scott, Sr. and Son, Inc., to replace the wood stage floor at the Roanoke Civic Center Auditorium, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page $28.) ACTION: Mr. White moved the adoption of Ordinance No. 32276-112894. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers .......... - .................. 7. NAYS: None---------- .................... - ............... -0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 32285, authorizing alteration and closing of that portion of Belle Aire Circle, S. W., extending from Brandon Avenue, S. W., by way of a temporary barricade, for a period of one year from the date of adoption of Ordinance No. 32255-112894, as abovedascribed and as set forth in the Amended Application, having previously been before the Council for its first reading on Monday, November 14, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. McCadden offering the following for its second reading and final adoption: 220 ACTION: ACTION: (f~32256-112894) AN ORDINANCE authorizing the alteration and closing by temporary barricade of a certain public right-of-way in the City of Roanoke, Virginia, ss are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 56, page 500.) Mr. McCadden moved the adoption of Ordinance No. 32255- 112894. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members W1~ite, Wyatt, Bowies, Edwards, McCadden, Parmtt and Mayor Bowers ........... --- ....... 7. NAYS: None .............................. - ............... -0. ZONING: Ordinance No. 32256 rezoning a tract of land located at the southeast comer of the intersection of Graenlawn Avenue and Epperiy Avenue, N. W., described as Official Tax Nos. 2161001, 2161002, and 2161025, from RM-2, Residential Multi-Family, Medium Density District, to C-2, General Commercial Distrfct, said property to be developed for the purpose of a paved surface parking lot, and accessory u.s?s and structuras, as more fully set forth in the First Amended Petition filed in the City Clerk's Office on September 28, 1994, having previously been before the Council for its first reading on Monday, November 14, 1994, 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: (ff32256-112894) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 216, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 56, page 502.) Mrs. Bowies moved the adoption of Ordinance No. 32256-112894. The motion was seconded by Mr. Parrott and adopted by the following vote: 221 AYES: Council Members White, Wyatt, Bowies, Edwards, I McCadden, Parrott and Mayor Bowers ......... ----- ............. 7. NAYS: Non... ............... - ........ -0. COUNCIL: Mr. Parrott offered the following resolution cancelling the meeting of the Council of the City of Roanoke scheduled for Tuesday, December 27, 1994 at 10:00 a.m., and reecheduling said meeting for Monday, December 19, 1994 at 10:00 a.m.: (#32277-112894) A RESOLUTION cancelling the meeting of the Council of the City of Roanoke acheduled for Tuesday, December 27, 1994 at 10:00 a.m., and reecheduling said meeting for Monday, December t9, 1994 at t0:00 a.m. (For full text of Resolution, see Resolution Book No. 56, page 527.) ACTION: Mr. Pam)tt moved the adoption of Resolution No. 32277-112894. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers ...................... 7. NAYS: None MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: None. At 1:10 p.m., the Mayor declared the meeting in recess. At 2:30 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Bowies, who left the meeting during the Executive Session. ACTION: COUNCIL: With respect to the Executive Session just concluded, Mr. Parrott moved that each Member of City Council certify to the best of hie or her knowledge that: (1) only public business matters lawfully 222 ACTION: exempted from open meeffng requirements under the Virginia Freedom of Infon~affon Act; and (2) only such public, business mattere as were identified in any motion by which any Executive Session was convened were heard, discussed or comddersd by City Council. The motion was seconded by Me. Wyatt and adopted by the following vote: AYES: Council Members White, Wyatt, Edwards, McCadden, Parrott and Mayor Bowers ....................................... -6. NAYS: None (Council Member Bowles was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that the three-year term of Lawrence M. Taylor as a member of the Roanoke Neighborhood Partnership Steering Committee will expire on November 30, 1994, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Lawrence M. Taylor. There being no further nominations, Mr. Taylor was reelected as a member of the Roa.noke Neighborhood Partnership Steering Committee, for a term end,ng November 30, 1997, by the following vote: FOR MR. TAYLOR: Council Members White, Wyatt, Edwards, McCadden, Pan'oR and Mayor Bowers ........... ~ .... -6. (Council Member Bowies was absent.) OATHS OF OFFICE-COMMITTEES-PLANNING: The Mayor advised that the four-year term of Gilbert E. Buffer, Jr., as a member of the City Planning Commission will expire on December 31, t994, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Gilbert E. Butler, Jr. There being no further nominations, Mr. Butler was reelected as a member of the City Planning Commission, for a term ending December 31, 1998, by the following vote: 223 ACTION: FOR MR. BUTLER: Council Members White, Wyatt, Edwards, I McCadden, Parrott and Mayor Bowers ......... --6. (Council Member Bowies was abaenL) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that there is a vacancy on the Roanoke Arts Commission, created by the resignation of Betty Carr Muse, for a term ending June 30, 1997, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Lu Jean Bedard. There being no further nominations, Ms. Bedard was elected as a member of the Roanoke Arts Commission, for a term ending June 30, 1997, by the following vote: ACTION: FOR MS. BEDARD: Council Members White, Wyatt, Edwards, McCadden, Parrott and Mayor Bowers ......................... -6. (Council Member Bowies was absent.) 1 OATHS OF OFFICE-COMMITTEES-ZONING: The Mayor advised that there ,s a vacancy on the Board of Zoning Appeals, created by the ineligibility of Walter L. Wheaton to serve another term, and called for nominations to fill the vacancy. Mr. McCadden placed in nomination the name of Louise C. Williams. There being no further nominations, Ms. Williams was elected as a member of the Board of Zoning Appeals, for a term ending December 31, 1997, by the following vote: ACTION: FOR MS. WILLIAMS: Council Members White, Wyatt, Edwards, McCadden, Parrott and Mayor Bowers .......... -6. (Council Member Bowles was absenL) OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Mayor advised that there is a vacancy on the Roanoke Public Library Board, created by the ineligibility of Dr. Leo Platt to serve another term, and called for nominations to fill the vacancy. 224 Mr. McCadden placed in nomination the name of Zaman K. : McManaway. t There being no further nominations, Ms. McManaway was elected as a member of the Roanoke Public Library Board, for a term ending June 30, t996, by the following vote: ACTION: FOR MS. MCMANAWAY: Council Members White, Wyatt, Edwards, McCadden, Parrott and Mayor Bowers ............ -6. (Council Member Bowles was absenL) ACTION: CITY EMPLOYEES: Mr. Parrott moved that Council concur in a recommendation of the City Manager that full-time City employees be granted Fdday, December 23, 1994, as an additional holiday, which will be given as a "floating holiday" to be used by June 30, 1995, and that the matter be refen~d to the City Attorney for preparation of the proper measure. The motion was seconded by Mr. White and adopted, Mayor Bowers voting no. There being no further business, the Mayor declared the meeting adjoumed at 2:35 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor REGULAR WEEKLY SESSION: :: ROANOKE ClT~ COUNCIL I December 12, 1994 10:00 a.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, December 12, 1994, at 10:00 a.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Rec:ular Me®tinos. of Section 2-15, Rules of Procedure. Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Linda F. Wyatt, Elizabeth T. Bowies, Delvis O. McCadden, John H. Parrott, William White, Sr., and Mayor David A. Bowers ...... =-6. ABSENT: Vice-Mayor John S. Edwards OFFICERS PRESENT: W. Robert Herbert, City Manager;, James D. Ritchie, Sr., Assistant City Manager;, Wilbum C. Dibling, Jr., City Attomey; Jesse A. Hall, Deputy Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend C. Kenneth Wright, Pastor, Evangel Foursquare Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. MISCELLANEOUS-ACTS OF ACKNOWLEDGEMENT-POLICE DEPARTMENT-NEIGHBORHOOD ORGANIZATIONS-ROANOKE NEIGHBORHOOD PARTNERSHIP: M. Michelle Bono, Public Information Officer, advised that the City of Roanoke received nation- wide attention recently through a story that was broadcast on National Public Radio's Morning Edition Radio Show, which was aired on December 6, 1995, and focused on Roanoke's Iow crime rate and the community at-large. She further advised that the eight minute, 22 second story talked about a City "doing things right" and highlighted Roanoke's Community Oriented Policing Effort, police work to put a core of established criminals in jail, downtown revitalization, Iow unemployment, strong City management and the sense of community and citizen involvement found in Roanoke. She stated that a NPR reporter spent several days in Roanoke gathering information, statistics and interviewing approximately a dozen citizens, business and government leaders, prosecutors, judges and police officers. She 225 226 explained that the NPR news program has the largest audlenc.e of a.n.y network news program acco..rd, ing to Roanoke'a local public radm station WVTF, with seven milhon weekly listeners and 1.25 million listeners at any one time. She presented each member of Council with a copy of the audio tape which will be sent to potential economic development prospects. The Mayor recognized the following persons who participated in interviews and presented each with a "Crystal Star" which is symbolic of the Star on Mill Mountain: T. Stavsn Mills, General Manager, WVTF.Public Radio Lt. Stsven O. Wills, Police Internal Affairs Donald S. Caldwell, Commonwealth's Attorney Louis Ellis, Banker and Neighborhood Leader Jacqueline E. Gunn, President, Lincoln Terrace Resident Council Sgt. A. Stanford Smith, Roanoke City Police Department Officer Ray T. Lewis, Jr., Roanoke City Police Department Clifford R. Weckstsin, Judge, Twenty-Third Judicial Circuit BUSES-ACTS OF ACKNOWLEDGE.MENT-PROCLAMATIONS: The Mayor presented a proclamation declanng James R. "Jimmy" Carter Appreciation Day on Wednesday, December 14, 1994, in recognition of Mr. Carter's exemplary safety record and driving ability as an employee of the Greater Roanoke Transit Company since November 13, 1974. Mayor Bowers commended Mr. Carter on his outstanding achievements and presented him with a ceremonial copy of the Proclamation. (For full text, see Proclamation on file in the City Clerk's Office.) The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council; and to discuss a special award, being the 1994 Citizen of the Year Award. i 227 COMMIll'EES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Ssssio.n. to discuss personnel matters relating to v-,canciss on various authorities, boards, commissions and committees sppointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mrs. Bowies moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Me. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowles, McCadden, Parrott, White and Mayor Bowers-~ - .................... -6. NAYS: None .................. 4). (Vice-Mayor Edwards was abeenL) COUNCIL-CITIZEN OF THE YEAR: A communication from Mayor David A. Bowers requesting an Executive Session to discuss a special award, being the 1994 Citizen of the Year Award, pursuant to Section 2.1-344(AX10), Coda of Virginia (1950), as amended, was before Council. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss a special award, being the 1994 Citizen of the Year Award, pursuant to Section 2.1- 344(A)(10), Code of Virginia (1950), as amended. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members INyatt, Bowles, McCadden, Parrott, White and Mayor Bowers ......................... -6. NAYS: None .................... --:-::- .............................. 4). (Vice-Mayor Edwards was absenL) 228 ACTION: ACTION: COUNCIL-HOUSING/AUTHORITY: A communication from Mayor _David A. Bowers transmitting correspondence from David L. Caprara, D,rector,. Commonwealth of Virginia Departrrbnt of Housing and Commumty Development, advising that $540,000.00 has been reeewed from the Urban Rehabilitation Program for the City's housing development office, was before Council. (For full text, see communications on file in the City Clerk's Office.) Mrs. Bowles moved that the communications be received and filed. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowles, McCadden, Parrott, White and Mayor Bowers~ - .................. _ ............ -6. NAYS: None- (Vice-Mayor Edwards was abaenL) COUNCIL-SISTER CITIES: A communication from Mayor David A. Bowers transmitting correspondence from the Honorable Klm Dae .= Jong, Mayor of the City of Wonju, Korea, advising of the consolidation of the City and County of Wonju, and that the next delegation from Wonju will visit Roanoke in October or November 1995, was before Council. (For full text, see communications on file in the City Clerk's Office.) Mrs. Bowles moved that the communications be received and filed. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowles, McCadden, Parrott, White and Mayor Bowers. .. 4._...6. NAYS: None- (Vice-Mayor Edwards was abeenL) 229 COUNCIL-CiTY GOVERNMENT-PLANNING-CAPITAL IMPROVEMENTS PROGF~.M-ECONOMIC DEVELOPMENT: A communication from Council Member William White, Sr., requesting that the City Manager be instructed to coordinate a financial planning session to address future financial planning for the City of Roanoke to be held in esriy February 1995, was before Council. Mr. White advised that the Members of Council will participate in a Team Building and Strategic Planning Worksh.op on Janua.ry 5 - 7, 1995; that aa a follow-up to the workshop, he behaves it is fitting and proper to engage in a financial planning session which will be similar to the session that was held by Council in 1993 at the Roanoke Regional Airport, at which time Council reviewed such matters as trends in major revenue categories, trends in local tax categories, and trends in intergovemmantal revenues, etc.; and because Council has not held a financial planning session since 1993, because of the complexity and importance of the financial condition of the City, because of the number of Council Members who have recently taken their seats on City Council, and because of the State and Federal budget impact on the City, he requested that the City Manager coordinate a financial planning workshop to address future financial planning for the City to be held in early February 1995, following Council's Team Building and Strategic Planning Workshop. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that the matter be referred to the City Manager for appropriate response. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowies, McCadden, Parrott, White and Mayor Bowers .................................... -6. NAYS: None ............................................... -0. (Vice-Mayor Edwards was absent.) TRAFFIC-COUNCIL-STREETS AND ALLEYS: A report of the City Manager with regard to concerns expressed by Council Member Bowies as to the traffic situation at the intersection of Towns Square Boulevard and Rutgere Street, N. W., near Lowes Home Center, Inc., and the new Kroger Superstore, was before Council. 230 ACTION: The City Manager advised that a traffic count at the intersection ._ was conducted on November 10, t994, between the hours of 7:00 a.m. I~ and 7:00 p.m,, at which time the minimum criteria (also known as signal warrants) were met to justify a traffic signal, however, while such criteria were met, the recommendation for signalization ia subject to engineering judgermmt; that s rating eystem is used as a guide to help determine which intersections have a higher priority for signalization, and the rating eystem evaluates items such as the extent to which signal warrants were exceeded, reported accident history, pedestrian volume and vehicle delay time. The City Manager explained that there are 14 intersections in Roanoke that meet the signal criteria, and at this time, as many as five of the higher rated intersections will be signalized using funds from the recently approved bond referendum; that new traffic counts will be performed in ashy 1995 to determine which intersections will be included in this group; and the remaining nine intersections with a lower rating for which funding is not available at this time, includes the Towne Square Boulevard/Rutgers Street intersection. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies moved that the report be received and filed, The motion' was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowles, McCadden, Parrott, White and Mayor Bowers ................. -6. NAYS: None ............................. -0. (Vice-Mayor Edwards was absent.) POLICE DEPARTMENT-ANIMALS/INSECTS-COMP..LNNTS: A report of the City Manager with regard to recommendations of Mr. Walker Nelms in connection with a proposed animal control ordinance, was before Council. The City Manager advised that on January 4, 1993, Mr. Nelms appeared before Council with several recommendations concerning domestic animals in the City of Roanoke; that Mr. Nelms appeared before Council in his capacity as a member of the Board of Directors of 231 the Roanoke Valley Society for the Prevention of Cruelty to Animals, · Inc., (SPCA), and as Chairman of the ad hoc task force on Roanoke · Valley pet overpopulation. Mr. Herbert pointed out that the Director of Public Safety, members of the Police Department and the Animal Control Unit have worked closely with the ad hoc task force regarding their concerns; that the group included representatives from Roanoke County, the City of Salem and the Town of Vinton; that as a result of the meetings, a new contract has besn executed with the SPCA and approved by Council, that addresses certain concerns not only of the SPCA but of the ad hoc task force; that the current working relationship with the SPCA is positive and greatly Improved over previous years; and Mr. Nelms advises that the task force has been dissolved as the SPCA moves on to other pressing issues. (For full text, see report on file in the City Clerk's Office.) ACTION: Ms. Bowles moved that the report be received and filed. The motion was seconded by Ma. Wyatt and adopted by the following vote: AYES: Council Member.Wyatt, Bowles, .M_c?..a, dden, Parrott, I White and Mayor Bowers ................................. -6. NAYS: None .................................................... -0. (Vice-Mayor Edwards was absent.) BUDGET-SCHOOLS: A report of the City Manager recommending approval of the following budget study schedule for fiscal year 1995-96, was before Council. DATE BUDGET PREPARATION ACTIVITIES Apdl 24, 1995 Public presentation of fiscal year 1995- 96 rs.c. ommend.ed budget to City Counc,I by the City Manager. April ?.4, 1995 Advertisements of public hearings on recommended budget and tax rates appear in newspapers. 232 ACTION: May 1, 1995 May 2 - 5, 1995 Public hearing, on recommended budget and tax rates City Council budget study work sessions. l May 8,1995 City Council adopts General Fund, Special Revenue Fund - Schools and Proprietary Fund budgets and approves an annual appropriation ordinance. and/or May 9 - 12 * Additional City Council budget study work sessiona. May 15, 1995 * City Council adopts General Fund, Special Revenue Fund - Schools and Proprietary Fund budgets and approves an annual appropriation ordinance. City Council has the option of extending the budget study work sessions to May 9 - 12, 1995, and adopting budgets on May 15, 1995, if necessary. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the recommendation of the City Manager. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowles, McCadden, Parrott, White and Mayor Bowers ....................... --6. NAYS: None---: ...................... . ...................... --0. (Vice-Mayor Edwards was abeenL) 233 COMMITTEES-MENTAL HEALTH SERVICES-BLUE RIDGE COMMUNITY S_E.RVICES: A communication from Dr. Fred P. Roe .s~.el, Jr., Executive D,rector, Blue RIdge Community Services, requast, ng Council's concurrence in the election of Rite J. Gliniecki to fill an existing vacancy as an at4arge member of the Board of Directors of Blue RIdge Community Services, was before the body. It was explained that the bylaws require that at-large members be recommended by the Board to the five participating localities, and all five local govemmente must concur in the recommendation in order to confirm an appointment. (For full text, see communication on file in the City Clerk"s Office.) ACTION: Mrs. Bowies moved that Council concur in the recommendation. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowies, McCadden, Parrott, White and Mayor Bowers ................................ -6. NAYS: None (Vice-Mayor Edwards was absent.) OATHS OF OFFICE-COMMITTEES-TRAFFIC: A report of qualification of Delvis O. McCadden as a member of the City of Roanoke Transportation Safety Commission, for a term ending October 31, 1998, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowles, McCadden, Parrott, White and Mayor Bowers ............................. -6. NAYS: None ............... ~ .................... -0. (Vice-Mayor Edwards was absent.) 234 ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: A report of qualification of G. David Nixon as a member of the Fair Housing Board, for s term ending March 31, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Me. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowles, McCadden, Parrott, White and Mayor Bowers ............................. -6. NAYS: Non= (Vice-Mayor Edwards was absenL) OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: A report of qualification of Thaddeus H. Hale, Jr., as a Commissioner of the City of Roanoke Redevelopment and Housing Authority Board of Commissioners, for a term ending August 31, 1998, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowies, McCadden, Parrott, White and Mayor Bowers .......................................... -6. NAYS: None ............................................ -0. (Vice-Mayor Edwards was absenL) OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: A report of qualification of George M. McMillan as a member of the Advisory Board of Human Development, for a term ending November 30, 1998, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) 235 ACTION: Mre. Bowles moved that the report of qualification be received and filed. The motion wee seconded by Ma. Wyatt and adopted by the following vote: AYES: Council Membere Wyatt, Bowies, McCedden, Parrott, White and Mayor Bower~ ...... -6. NAYS: Non.- ... (Vice-Mayor Edwards was absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: TOURISM-SCHOOLS: Ma. Loree Clark, a Senior at William Fleming/William Ruffner Magnet Center and a member of the Academy of Travel and Tourism, appeared before Council and advised that the Academy of Travel and Tourism ia a new program funded for the 1994- 95 school year under Federal magnet school grants and was designed to provide Roanoke City School students with opportunities to access the travel industry, which has been Identified as the third largest · industry in Virginia and the first largest industry in the world. She explained that the goals of the program are to prepare students for entry level and career positions in the travel and tourism industry and other service industries, and to involve local businesses in student training through partnerships, intemships, mentorships and guest speakers. She advised that the Academy applied for and was accepted as a member of the National Academy Foundation, a national, non- profit organization dedicated to the community; and the most unique feature of the program is the on-site travel agency, Fleming Travel Connections, where students have access to software, resource material and the actual technology used by travel agencies in the Roanoke Valley. She stated that the Fleming Travel Agency provides students with an opportunity to learn in an authentic business atmosphere which gives them a realistic outlook and provides info..ation .about careers ranging from travel agent to hotel/motel operations and the overall attraction market. Mr. Danny King, a Junior participating in the Academy of Travel and Tourism, advised that there are two 486-DOS computer systems and one Power Macintosh system involved in the program, and with these first-rate systems, advanced software and CD Rom programs can 236 be run. He called attention to the importance of involving local businessea in the program to insure success, advising that the Roanoke Valley Convention and Visitors Bureau has endorsed the program and has appointed one of its members to serve on the advisory committee, along with a representative from U. S. Air. He explained that local businesses will be requested to place student interns and to provide mentors for on-the-job and field experiences, along with guest speakers, and to provide guidance and advice to Academy of Travel and Tourism staff in regard to current industry trends and program standards and goals. Without objection by Council, the Mayor advised that the remarks of Ms. Clark and Mr. King would be received and filed. ANNUAL REPORTS-RIV_E.R PARK~NAY/EXPLORE PARK: Dr. M. Rupert Cutler, Explore Park D, rector, appeared before Council and presented a report on Explore Park's first season and plans for 1995. (See statement on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the remarks of Dr. Cutler would be received and filed. ACTS OF ACKNOWI-EDGEMENT-TOURISM: James H. Fulghum, Jr., Attorney, appeared before Council and presented each member of Council with an autographed copy of his new book entitled, There la Nothino To Do In Roanoke. Vimini= which lists Roanoke Valley tours, places and events. On behalf of the Members of Council, the Mayor expressed appreciation. OTHER HEARING OF CITIZENS: None. At 11:05 a.m., the Mayor declared the meeting in recess. At 11:15 a.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Vice-Mayor Edwards. 'I 237 PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. iTEMS RECOMMENDED FOR ACTION: INSURANCE-PERSONNEL DEPARTMENT-CITY INFORMATION SYSTEMS-EQUIPMENT: The City Manager submitted a written report advising that the City of Roanoke is self.insured for automobile liability and workers' compensation; that the Office of Risk Management actively administers approximately 1,000 new and ongoing workers' compensation and automobile liability claims annually, and procures bonds, general liability, flood and property insurance in excess of $120 million annually; that the Risk Management Information System (Riskmaster) currently in use by the Office of Risk Management was purchased in February 1988; and is now outdated and there ars reporting limitations of the Riskmastar that prevent the Office of Risk Management from providing meaningful actuarial type data to the Finance Department and to insurers;, and a modem RMIS system can help prevent claims from being mmhandled and aie;t the City to insurance coverage gaps, and assist in safety, loss control and medical cost containment efforts. It was explained that specifications were developed for a modem RMIS; and after due and proper advertisement, four proposals were received, with Alexander & Alexander, Inc., d/b/a Anistics, having submitted the lowest proposal that meets all requirements and specifications of the City. The City Manager recommended that Council authorize the purchase of a Risk Management Information System from Alexander & Alexander, Inc., d/b/a Anistics, at a total cost of $25,500.00, and that all other proposals received by the City be rejected. (For full text, see report on file in the City Clerk's Office.) 238 ACTION: Mr. Parrott offered the following resolution: (f/32278-121294) A RESOLUTION accepting the bid of Alexander & Alexander Inc. d/b/a Anistics, for the provision and installation of computer hardware fo~ the Risk Management I~ofi~-~tio~ System, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract; and rejecting the other bids made to the City. (For full text of Resolution, see Resolution Book No. 56, page 529.) Mr. Pan'ott moved the adoption of Resolution No. 32278.121294. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowles, McCedden, Parrott, White and Mayor Bowers .............................. -6. NAYS: None---= .............................................. 4). (Vice-Mayor Edwards was absent.) Coun. cil Member White requested t. hat the City Manager provide Council w~th a status report with,n slx months from the date of implementation with regard to cost savings and improved management practices as a result of the new Risk Management Information System. BUDGET-SEWERS AND STORM DRAINS-PUBLIC WORKS- CONSULTANTS REPORTS-FLOOD REDUCTION/CONTROL: The City Manager submitted a written report advising that periodic flooding has been a problem in downtown Roanoke since the first settlement of Big Lick, with short duration storms (thunder storms) within the downtown area sometimes resulting in flooded streets and basements; that the downtown storm drainage system has been visually inspected and evaluated by City staff to determine its capacity, which revealed that there ars potential structural deficiencies near Salem Avenue (from Salem Avenue to the Campbell Avenue/First Street intersection); and following advertisement of En.g. ineering Se. rvices Qualification Proposals for the necessary evaluations and des,gn of work to correct structural deficiencies, an engineering services contract was awarded to Mattern & Craig, Inc., on October 9, 1989, in the amount of $15,960.00, for necessary evaluations and design of work to replace approximately 300 lineal feet of storm drain. 239 It was further advised that · prelimi,n, ary report was completed by I Mattem & ....C~. g, Inc., on Februa~ 15, 1990, that the project was delayed until the Fifth Street Bddge was complete so that no traffic problems would occur on Salem Avenue and First Street; that the Fifth Street Bridge has been completed and is now open, and City staff reviewed the preliminary report and aince observing another rain in Apdl 1994, recommended changes in the scope of work that would allow for additional inlets to help reduce street flooding; and changea resulted in a net Increase in the contract amount of $4,287.00 for Amendment No. I and $1,000.00 for project advertising and contingencies, as follows: Original Contract Amount Cost-To-Data For Preliminary Design and Safety Inspections Amount Remaining in Contract Amendment No. 1 for Additional Design and Expenses Due to Five Year Delay Advertising and Contingencies Total to Complete Engineering $15,960.00 $15,960.00 8,663.00 4,287.00 4,287.00 1.000,00 1,000.00 $13,950.00 Curren..t ContractJContingenciee $21.247.00 I The City Manager recommended that Council concur in the following actions: authorize transfer of $5,287.00 from the 1992 Public Improvement Bonds for Sro,,, Drains, Account No. 008- 052-9700-9176, to Salem Avenue Sto.r~l_ Drain Replacement, Account No. 008-052-9643-9001, and authorize the City Manger to execute Amendment No. 1 to the Engineering Services Agreement with Mattern & Craig, Inc., in the amount of $4,287.00 and provide $1,000.00 for project advertisement and contingencies. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency budget ordinance: 240 ACTION: (ff32279-121294) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 530.) Mrs. Bowles moved the adoption of Ordinance No. 32279-121294. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowles, McCadden, Parrott, White and Mayor Bowers--- - .................... -6. NAYS: None .................................. -0. (Vice-Mayor Edwards was absenL) BUDGET-BRIDGES-PUBUC WORKS-CONSULTANTS REPORTS- STREETS AND ALLEYS: The City Manager submitted a written report advising that an Engineering Services contract was awarded to Hayes, Seay, Mattem & Mattem, Inc., on September 11, 1989, in the amount of $95,000.00, with a $5,000.00 contingency ,for Hunter Viaduct/Williamson Road Over Railroad, S. W., Bridge No. 1.8.29; that Phase I of the contract i was for preparation of a plan for demohflon of the Jefferson Street leg of the Hunter Viaducts lower bridge abutment and four lower bridge spans; that Phase II included preparation of a plan for the demolition of the remainder of the Jefferson Street leg of the Hunter Viaduct; that Phase I was complete and a stop order was issued on November 26, 1990, to Hayes, Seay, Mattem & Mattem, Inc., on Phase II when it was realized that the Seconsd Street Bddge construction would be delayed; and funds in the amount of $69,610.00 remain in project Account No. 0084)52-9636-9003 ($65,554.00 in Engineering Services and $4,056.00 in Contingency). It was fmlher advised that Second Street Bridge construction is scheduled to begin in the spring of 1995, with completion in the fall of 1996; that plans need to be developed for demolition of the remaining spans of the Jefferson Street leg; and, in addition, Phase Il will now include modification and rehabilitation of the Willlamson Road leg and a right turn lane onto Salem Avenue, which will allow construction to begin in the fall of 1996 upon completion of the new Second Street Bridge. 241 The City Manager recommended that Council concur in the I following actione: Authorize the City Manager to execute Amendment No. 1, in the amount of $92,t38.00, to the agreement for engineering services with Hayes, Seay, Mattem & Mattem, Inc., dated September 11, 1989, pursuant to Ordinance No. 29764-91189, in a form to be approved by the City Attorney, with a new contract amount of $187,138.00. Appropriate $102,138.00 of 1996 anticipated bond proceeds to Capital Projects Fund Account No. 008-062- 9636-9001, of which $92,138.00 is for Amendment No. 1 and $10,000.00 ia for contingency. Phase III construction administration will be negotiated upon award of the construction contract. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (~t32280-121294) AN .O. RDINANCE to a .me.n.d and reordain certain sections' of the 1994-95 Cap,tal Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 531.) ACTION: Mr. White moved the adoption of Ordinance No. 32280-121294. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowles, McCadden, Parrott, White and Mayor Bowers ......................................... -6. NAYS: None (Vice-Mayor Edwards was absenL) 242 ACTION: Mr. White offered the following resolution: (#32281-121294) A RESOLUTION authorizing the execution of an amendment to the City's contract with Hayes, Soay, Mattern & Mattem, Inc., for additional engineering services to be performed in connection with the Hunter Viaduct/Williamson Road Over Railroad, S. W., Bridge. (For full text of Resolution, see Resolution Book No. 56, page 532.) Mr. White moved the adoption of Resolution No. 32281-121294. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowies, McCadden, Pan'off, White and Mayor Bowers .................................................... 6. NAYS: None (Vice-Mayor Edwards was absenL) SEWERS AND STORM DRAINS-WATER RESOURCES- EQUIPMENT: The City Manager submitted a written report advising that Council authorized acceptance of a bid submitted by H. Hamner Gay & Co., Inc., for Carvins Cove Phase II, Contract C'.-~ 2, on June 28, 1993, and work commenced on August 12, 1993; that the project extends a water main from 13th Street, S. E., at the Roanoke River along Riveriand Road to the general vicinity of Walnut Avenue and includes two water storage tanks and a pump station; that water system pressure will be increased because of the proposed improvements and the Mount Pleasant Boulevard and Redwood Road areas will have water pressures that are potentially damaging to existing plumbing systems, which damage can be prevented by installation of a pressure reducing valve (PRV). It was explained that the pressure reducing valves need to be installed at each customer connection in the high pressure area; that the original contract provided for H. Hamner Gay & Co., Inc., to install 50 pressure reducing valves at a unit price of $225.00, for a total contract value of $11,250.00; that H. Hamner Gay & Co., Inc., has asked that the City install the required pressure reducing valves; that City staff has discussed the metter with local plumbers and contracted with Kennard-Pace Co., by purchase order, to install the necessary pressure reducing valves at a unit cost of $165.20, for 22 pressure reducing valves, at a total cost of $3,634.40; that Change Order No. 2 will provide 243 a credit to the City for the value of the press, ure reducing valves in the contract with H. Hsmner Gay & Co., Inc., and fun.ds are currently encumbered in the amount of $2,334,535.00 for the COhudsCt, aa follows: Odginal Contract amount Change Order No. 1 Change Order No. 2 $2,334,$35.00 6,973.18 11.25o.o0) New Contract Amount S2.330.258.18 The City Manager recommended that Council authorize execution of Change Order No. 2, in the credit amount of $11,250.00, to the contract with H. Hamner Gay & Co., Inc. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency ordinance: (#32282-121294) AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with H. Hamner Gay & Co., Inc., in connection with Carvins Cove Filter Plant Improvements - Phase II, Contract C-.2; end providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page $33.) ACTION: Mrs. Bowies moved the adoption of Ordinance No. 32282-121294. The motion was seconded by Mr. McCndden and adopted by the following vote: AYES: Council Members Wyatt, Bowles, McCadden, Parrott, White and Mayor Bowers .............................. -6. NAYS: None .............................................. -0. (Vice-Mayor Edwards was absent.) BUDGET-PUBLIC WORKS-GRANTS-CLEAN VALLEY COUNCIL: The City Manager submitted a written report advising that Council designated the Clean Valley Council (CVC) to develop a cooperative litter control program for the entire Roanoke Valley and authorized the Clean Valley Council to apply for certain grant funds from the Commonwealth of Virginia for operation of the program; that a litter control grant was approved by the Department of Environmental 244 ACTION: Quality, Office of Litter Prevention and Recycling (DEQ); that grant funds in past yearn were sent directly to the coordinating age,n..cy, Clean Valley Council, by the Department of Environmental Quality, and the City has received grant funds in the amount of $5,898.00 from the Department of Environmental Quality, Office of Litter Prevention and Recycling. The City Manager recommended that Council appropriate $5,898.00 to Grant Fund Account No. 035-052-5119-2010, and increase the revenue estimate in Account No. 035-035-1234-7181 for transfer to the Clean Valley Council. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (ft32283-121294) AN ORDINANCE to amend and raordain certain sections of the 1994-95 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 534.) M.s: Wyatt moved the adoption of Ordinance No. 32283-121294. 1 The motfon was seconded by Mr. McCaddsn and adopted by the following vote: AYES: Council Members Wyatt, Bowles, McCadden, Parrott, White and Mayor Bowers ........... -------_ .... --6. NAYS: None ....................... -0. (Vice-Mayor Edwards was absenL) CHURCH AVENUE PARKING GARAGE-CENTURY STATION PARKING GARAGE-WILUAMSON ROAD PARKING GARAGE-REPUBLIC PARKING SYSTEM, INC.-MARKET SQUARE PARKING GARAGE: The City Manager submitted a written report advising that parking garage attendant hours were formally establ/shed with the Agreement between the City of Roanoke and Republic Parking System, Inc. (RPS), effective March 1, 1994, as described in Attachment No. One to the report; that free short-term parking has been psi.,itted in certain parking garages whenever the parking garage attendant is not on duty; that a review of attendant hours versus short-term parking revenue collected during the 245 months of July, August and September reveal, ed that an overall ,I reduction in attendant houm and a corresponding ,ncrease in the time ! that free short-te¢,~ parking is permitted would produce a net savings for the City of Roanoke; and an amendment to the Agreement between the City and Republic Parking System, Inc., reducing parking garage attendant hours and increasing the time that free short-term parking is permitted requires authorization by Council. The City Manager recommended that Council concur in the following actions: Authorize an amendment to the Agreement between the City of Roanoke and Republic Parking System, Inc., in a form to be approved by the City Attorney, for the purpose of reducing total parking garage attendant hours as specified in Attachment No. One of the City Manager's report. Amend the City's Fee Compendium as approved by Council, pursuant to Resolution No. 30789-111891, adopted on November 18, 1991, to reflect the free parking i changes as specified in Attachment No. One of the City Manager's report. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: (t/32284-121294) A RESOLUTION authorizing the appropriate City officials to enter into an amendment to the agreement between the City and Republic Parking System, Inc., relating to the operation of City parking facilities. (For full text of Resolution, see Resolution Book No. 56, page 535.) ACTION: Mr. McCadden moved the adoption of Resolution No. 3221N- 121294. The motion was seconded by Mrs. Bowles and adopted by the following vote: 246 ACTION: AYES: Council Members Wyatt, Bowies, McCadden, Parrott, White and Mayor Bowere :: (~' l; NAYS: Not.-_ ..... : ...........-0. (Vice-Mayor Edwards was absent.) Mr. McCadden offered the following resolution: (#32285-121294) A RESOLUTION amending the fees to be charged at the following parking facilities: Century Station Parking Garage Church Avenue Parking Garage Market Square Parking Garage Tower Parking Garage Williamson Road Parking Garage. (For full text of Resolution, see Resolution Book No. 56, page 536.) Mr. McCadden moved the adoption of Resolution No. 32285- 121294. The motion was seconded by Mrs. Bowies and adopted by the following vote: i AYES: Council Members Wyatt, Bowies, McCadden, Parrott, White and Mayor Bowers ................................. -6. NAYS: None (Vice-Mayor Edwards was abesnL) BUDGET-POLICE DEPARTMENT-FIRE DEPARTMENT-PUBLIC WORKS-CMERP-UTIUTY UNE SERVICES-FLEET MANAGEMENT FUND- WATER RESOURCES-EQUIPMENT: The City Manager submitted a written report advising that the General Fund Capital Maintenance and Equipment Replacement Program has identified vehicular equipment ccc, ds for various City departments, as outlined in Attachment A to the City Manager's report; whereupon, the City Manager recommended that Council concur in the following actions: 247 Authorize purchase of the following automobilee; ,! 23 full aiza police/fire automobile~ from Pinkerton Chevrolet-GEO, at a total coat of $369,026.95; 2 intermediate class automobiles from Berglund Chevrolet, Inc., for the total coat of $24,813.92; and 5 mid~size, four-door, four-wheel drive utility type vehicles from Berglund Chevrolet, Inc., for the total coat of $104,586.90. Appropriate $41,835.00 from Utility Line Services Prior Year Retained Eamings Account to Utility Line Service Account No. 0164)56-2625-9010. Appropriate $264,644.00 from fiacal year 1994 General Fund Capital Maintenance and Equipment Replacement Program to be transferred to Fleet Management Account No. 0174)52-2642-9010. Reject all other bids received by the City. (For full text, see report on file in the City Clerk's Ofl~ce.) Mr. Parrott offered the following emergency budget ordinance: (f/32286-121294) AN ORDINANCE to amend and reordain certain sections of the 1994-95 General, Fleet Management and Utility Line Service Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 538.) ACTION: Mr. Parmtt moved the adoption of Ordinance No. 32286-121294. The motion was seconded by Mrs. Bowles and adopted by the following vote: 248 ACTION: AYES: Council Members INyatt, Bowies, McCadden, Parrott and INhlta ...... - - J .... 5. NAYS: None .................................... -0. (Mayor Bowers abstained from voting.) (Vice-Mayor Edwards was abesnL) Mr. Parrott offered the following resolution: (#32287-121294) A RESOLUTION accepting bids for the purchase of new vehicles for use by the Police and Fire Departments; and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 56, page 539.) Mr. Parrott moved the adoption of Resolution No. 32287-121294. The motion wes seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Wyatt, Bowles, McCadden, Parrott and White ........................................ 5. NAYS: None (Mayor Bowers abstained from voting.) (Vice-Mayor Edwards was absent.) Mr. Parrott inquired as to how the bidding process can be adjusted to reduce the interim time between submittal of a bid and award of a contract which sometimes nmkes it difficult for a bidder to honor bid specifications that he or she might not be able to meet after an extended period of time; whereupon, the City Manager advised that he would respond to Mr. Parrott's question in a Council report which is proposed to be included on the December 19, 1994 agenda. HUMAN DEVELOPMENT-SALVATION ARMY-CITIZENS SERViCES COMMITTEE: The City Manager submitted a written report advising that The Salvation Army applied through the Citizens Services Committee for City funds, i.e., $16,500.00 to operate a program for the homeless and $21,000.00 to operate a shelter for battered women; and the City Attomey, through a public opinion dated April 23, 1986, stated that the City may contract with The Salvation Army, a church, or · ! 249 ssctaHan institution, ss long as the contract is for the cars of indigent I sick or injured persona, end payment of City funds under any contract does not exceed the fair market value of services rsndersd. It was further advised that the Citizens Services Committee recommended an appropriation of $22,700.00 for fiscal year 1994-95 to be used for either program and Council concurred in the rscommendation; that The Salvation Army has rsquested that the $22,700.00 be divided between the Abused Woman's and Homeless Programs, i.e., $12,700.00 for the Abused Women's Program and $10,000.00 for the Homeless Program; and authorization is requested by Council to execute two contracts to be approved by the City Attorney with The Salvation Army for payment of services provided to City citizens under the Abused Women's and Homeless Programs. The City Manager recommended that he be authorized to execute two contracts, in a form to be approved by the City Attomey, with The Salvation Army for payment of services deliversd by the Abused's Women's and Homeless Programs. (For full text, see rsport on file in the City Clerk's Office.) I Mrs. Bowles offersd the following rssolution: (#32288-121294) A RESOLUTION authorizing the City Manager to enter into two contracts with The Salvation Army for payment of services delivered by the organization's Abused Women's Program and Homeless Program to citizens of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 56, page 541.) ACTION: Mrs. Bowies moved the adoption of Resolution No. 32288-121294. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Wyatt, Bowies, McCadden, Parrott, White and Mayor Bowers ......... ~- ................................. -6. NAYS: None (Vice-Mayor Edwards was absent.) 250 At 11:30 a.m., the Mayor declared the meeting in recess. At 11:50 a.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Vice-Mayor Edwards. REPORTS OF COMMITTEES: BUDGET-GENERAL SERVICES-PUBLIC WORKS-CMERP.J & D RELATIONS DISTRICT COURT: Council Member Whits, Chairperson of the Bid Committee, pre~antsd a written report on behalf of the Committee, in connection with bids received by the City for renovation of the Juvenile and Domestic Relations District Court which consists of demolition of two juvenile holding cells and remodeling space into a conference room, construction of two new offices for mediators in the area ttmt previously sewed as the lobby for the juvenile entrance area, construction of an additional records storage area, and installation of doors to provide for easier circulation within the Clerk's area, recommending that Council approve the following actions: Authorize the City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney, with Acom Construction, Ltd., In accord .?_t~.._.. with contract documents as prepared by the Office of C;ty Engineer, in the amount of $31,200.00 and 45 consecutive calendar days to complete the work. Appropriate $31,200.00 from prior year Capital Maintenance and Equipment Replacement Program Fund to be transferred to a new Capital Projects Fund account entitled, "Renovation of Juvenile and Domestic Relations Court." ReJect all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office.) ACTION: 251 Mr. Parrott offered the following emergency budget ordinance: (~32289-121294) AN ORDINANCE to amend and reordain certain sections of the 1994-65 Capital and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 541.) Mr. Pa~ott moved the adoption of Ordinance No. 32289-121294. The motion was seconded by Mr. INhite and adopted by the following vote: AYES: Council Members V~jatt, Bowies, McCadden, Parrott, White and Mayor Bowers ........................ ~ ...... -6. NAYS: None (Vice-Mayor Edwards was absent.) Mr. Parrott offered the following emergency ordinance: (#32290-121294) AN ORDINANCE accepting the bid of Acom I Construction, .Ltd., to provide for the renovation of the Juvenil.e. and Domestic Relations District Court, upon certain terms and conditions; awarding a lump sum 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. $6, page 543.) Mr. Parrott moved the adoption of Ordinance No. 32290-121294. The motion was seconded by Mr. W~ite and adopted by the following vote: AYES: Council Members ~jatt, Bowies, McCadden, Parrott, White and Mayor Bowers ..................................... ---6. NAYS: None (Vice-Mayor Edwards was absent.) ACTION: 252 ACTION: PARKS AND RECREATION-ACTS OF ACKNOWLEDGEMENT- ~lmiOMMITTEES-.DE.CEASED PERSONS: A report of the City Planning ssion aovislng that the Mill Mountain Development Committee, pursuant to s communication under date of September 23, 1994, has requested that the Planning Commission consider a request to name the overlook at Mill Mountain at the foot of the Star, "The M. Carl Andrews Overlook"; and after due consideration, the City Planning Commission voted to recommend to Council that the request be approved as a fitting tribute to Mr. Andrews, who, for over 25 years, mede significant contributions to protecting and enhancing the natural beauty of Mill Mountain, was bofora the body. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following resolution: (#32291-121294) A RESOLUTION naming the overlook at the foot of the Mill Mountain Star "The M. Carl Andrews Overlook". (For full text of Resolution, see Resolution Book No. 56, page 944.) Mrs. Bowles moved the adoption of Rssolu~on No. 32291-121294. The re. orion was seconded by Mr. McCadden and adopted by the ~ following vote: · AYES: Council Members Wyatt, Bowles, McCadden, Parrott, White and Mayor Bowers--- - .......................... -6. NAYS: None-----.---- .................... -0. (Vice-Mayor Edwards was absenL) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CITY CODE-CITY EMPLOYEES-PENSIONS: Ordinance No. 32271 amending and reordaining Section 22.1-3, Membershio (]enerally, of Chapter 22.1, Pensions and Retirement Code of the City of Roanoke (1979), ss amended, by the addition of a new subsection (cl), providing for a new window of opportunity during which members of the Employees' Retirement System may transfer to the Employees' 253 Supplemental Retirement System, aa more particularly set forth in a I report of the Director of Finance under date of November 28, 1994, having previously been before the Council for its first reading on Monday, November 28, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. White offering the following for its second reading and final adoption: (#32271-121294) AN ORDINANCE amending and reordaining §22.1-3, Memberehip penerelly, of Chapter 22.1, Pensions and Retirement. Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (cl) providing for a new window of opportunity during which members of the Employees' Retirement System may transfer to the Employees' Supplemental Retirement System. (For full text of Ordinance, see Ordinance Book No. 56, page 528.) ACTION: Mr. White moved the adoption of Ordinance No. 32271-121294. The motion wes seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Wyatt, Bowies, McCadden, Parrott, White and Mayor Bowers ................. -6. NAYS: None (Vice.Mayor Edwards was absent.) TRAFFIC-STATE HIGHWAYS-ECONOMIC DEVELOPMENT: Mr. Parrott offered the following resolution urging that the Commonwealth Transportation Board and the Virginia Depa~ I,~ent of Transportation support alignment of Interstate 73 within the Commonwealth of Virginia following the right-of-way of U. S. Route 460 from the West Virginia line, then following the rights-of-way of the proposed "Smmt Highway", Interstate 81 and Interstate 581 in the City of Roanoke, and then generally following the right-of-way of U. S. Route 220 from Roanoke to the North Carolina line: (#32292-121294) A RESOLUTION urging that the Commonwealth of Virginia Transportation Board support a specific alignment of Interstate 73 in the Commonwealth of Virginia. (For full text of Resolution, see Resolution Book No. 56, page 545.) 254 ACTION: ACTION: Mr. Parrott moved the adoption of Resolution No. 32292-121294. · The motion was eeconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowies, McCadden, Parrott, W/rite and Mayor Bowers-- -. ....... ~. NAYS: None (Vice-Mayor Edwards was abeenb) CITY EMPLOYEES: Mm. Bowies offered the following resolution providing City employees with one additional holiday, December 23, 1994, for this calendar year only: (#32293-121294) A RESOLUTION providing City employees with one (1) additional holiday for this calendar year only. (For full text of Resolution, see Resolution Book No. 56, page 546.) Mrs. Bowles moved the adoption of Resolution No. 37.293-121294. The motion was seconded by Mr. Parrott and adopted by the following · vote: AYES: Council Members Wyatt, Bowles, McCadden, Parrott, White and Mayor Bowers --- - NAYS: None (Vice-Mayor Edwards was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: BRIDGES-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: Mr. Hoskins M. Sclater, 2723 Crystal Spring Avenue, S. W., addressed Council in connection with the Hotel Roanoke and the skywalk, advising that proposed ale/walk will deface the front of the 255 Hotel Roanoke. He stated that the skywalk will detract from the overall I appearance of the Hotel, and the citizens that he talks with do not want the akywalk to be constructed st the proposed location. At 12:05 p.m., the Mayor declared the meeting in recess. At 12:30 p.m., the meeting mconvened in the Council Chamber, with Mayor Bowers presiding, and all Membem of the Council in attendance, with the exception of Vice-Mayor Edwards. ACTION: COUNCIL: With respect to the Executive Session just concluded, Ms. Wyatt moved that each Member of City Council certify to the beet of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requimmants under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowles, McCadden, Parrott, White and Mayor Bowem ........................ -6. NAYS: None (Vice-Mayor Edwards was abssnL) OATHS OF OFFICE-COMMITTEES-PLANNING: The Mayor advised that there ia a vacancy on the City Planning Commission, created by the ineligibility of Charles A. Price, Jr., to serve another term, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Melvin L. Hill. Them being no further nominations, Mr. Hill was elected as a member of the City Planning Commission, for a te~,~ ending December 31, 1998, by the following vote: ACTION: FOR MR. HILL: Council Membem Wyatt, Bowles, McCadden, Parrott, White and Mayor Bowem ................................ --6. (Vice-Mayor Edwards was absent.) 256 ACTION: ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSH. IP: The Mayor advised that there is a vacancy on the Roa. no.ke Ne,ghborhood Partnerehip St.eering Committee, creata.d by expiration of the term of Mary Sue Rube,z, and called for nominat, ons to fill the vacancy. Ms. Wyatt placed in nomination the name of Allen L. Clark. There being no further nominations, Mr. Clark was elected as a member of the Roanoke Neighborhood Partnership Steedng Committee, for a tei-,i ending November 30, 1997, by the following vote: FOR MR. CLARK: Council Members Wyatt, Bowles, McCadden, Parrott, INhite and Mayor Bowers ...................... -6. (Vice-Mayor Edwards was absenL) Inasmuch as Mr. Clark is not a resident of the City of Roanoke, Ms. Wyatt moved that the City residency requirement for persons serving on authorities, boards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Mr. White and adopted. OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that them is a vacancy on the Youth Services Citizen Board, created by expiration of the te~,~t of Clay L. Dawson, and called for nominations to fill the vacancy. Mr. McCadden placed in nomination the name of Sherman A. Holland. There being no further nominations, Mr. Holland was elected as a member of the Youth Services Citizen Board, for ate,',, ending May 31, 1996, by the following vote: FOR MR. HOLLAND: Council Members Wyatt, Bowles, McCadden, Parrott, Whita and Mayor Bowers ...................... -6. (Vice-Mayor Edwards was absent.) At 12:30 p.m., the Mayor declared the meeting in recess until 7:00 p.m. 257 At 7:00 p.m., the meeting reconvened in the Council Chamber, I with Mayor Bowem presiding, and all Membere of the Council in attendance, with the exception of Council Member McCadden and Vice- Mayor Edwards. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; Jesse A. Hall, Deputy Director of Finance; and Mary F. Pari(er, City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. YOUTH: Mayor Bowers welcomed Boy Scout Troop No. 2, representing Raleigh Court Presbyterian Church. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 198t, the City Clerk having advertised a public hearing for Monday, December 12, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Michael A. Wells that s parcel of land located at 3904 Virginia Avenue, N. W., identified as Official Tax No. 2761409, be rezonsd from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, November 25, 1994, and Friday, December 2, 1994. (See publisher's aff~davit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to permit the continuation of an existing automobile cleaning facility, was before Council. 258 ACTION: The Planning Commission recommended that Council approve the request for rezoning, advising that the proposed proffers and !he I topographic difference between the existing automobile cloamng business and the residential uses fronting on Virginia Avenue should minimize any impact on the residential position of the neighborhood. (For full text, see report on file in the City Clerk's Office.) Michael A. Wells, petitioner, appeared before Council in support of the request. Mr. White moved that the following ordinance be placed upon its first reading: (~t32294) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 276, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text:of Ordinance, see Ordinance Book No. 56, page 547.) The motion was seconded by Mr. Parrott. The Mayor inquired if Itmre were persop, s present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 32294 was adopted, on its first reading, by the following vote: AYES: Council Members Wyatt, Bowies, Parrott, White and Mayor Bowers .... . ..................... 5. NAYS: None (Council Member McCadden and Vice-Mayor Edwards were absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, December 12, 1994, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of John D. Fralin that a parcel of land located in the 2900 block of Epperly Drive, N. W., described as Lots 19-21, inclusive, Block 1, Map of Epperly Court, 259 Official Tax Nos. 2160612 - 2160614, inclusive, be rezoned from RS-3, I Residential Single Family District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, November 25, 1994, and Friday, December 2, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to reinstate a previously approved conditional rezoning that provided for the construction of a multi-family development consisting of 14 townhouss units; and it was noted that the subject property was conditionally rezoned in 1989, however, due to financial circumstances, the developer was unable to commence construction of the multi-family project before the three year reversion clause became effective, thus, and the zoning of the property reverted back to RS-3, Residential Single Family District, was before Council. The Planning Commission recommended that Council approve the request for rezoning, advising that the rezoning would provide a good transitional land use and buffer area from the highway oriented commercial uses along Williamson Road to the single family residences located to the north, west and southwest of the subject property; and furthermore, the rezoning and the proposed development would provide an alternative housing type in an existing neighborhood sensitive to the existing neighborhood environment. (For full text, see report on file in the City Clerk's Off~ce.) D. Jeffry Parkhill, Agent, appeared before Council in support of the request. ACTION: Mr. Parrott moved that the following ordinance be placed upon its first reading: 260 (~32295) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sh. eet No. 216, Sectional 1976 Zone i Map, City of Roanoke, to rezone certs, n property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 56, page 549.) The motion was seconded by Mrs. Bowles. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 32295 was adopted, on its first reading, by the following vote: AYES: Council Members Wyatt, Bowles, Parrott, White and Mayor Bowers NAYS: Non--. (Council Member McCadden and Vice-Mayor Edwards were absent.) OTHER HEARINGS OF CITIZENS: None. There being no further business, the Mayor declared the meeting adjourned ~W at 7:40 p.m. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 261 ROANOKE CITY COUNCIL--ROANOKE CiTY SCHOOL BOARD December 12, 1994 12:30 p.m. A joint meeting of the Roanoke City Council and the Roanoke City School Board with the City's Representatives to the 1995 Session of the General Assembly of Virginia was called to order on Monday, December 12, t994, at 12:30 p.m., in the Social Sewices Conference Room, Room 306, Municipal North, 215 Church Avenue, S. W., with Mayor David A. Bowers and Chairperson C. Nelson Harris presiding. CITY COUNCIL MEMBERS PRESENT: Elizabeth T. Bowies, Delvis O. McCadden, John H. Parrott, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ....... ~6. CITY COUNCIL MEMBERS ABSENT: Vice-Mayor John S. Edwards ...... 1. SCHOOL BOARD MEMBERS PRESENT: Marilyn C. Curtis, Charles W. Day, Marsha W. Ellison, Finn D. Pincua, Clubert G. Poff, John H. Saunders and LEGISLATORS PRESENT: Senator J. Bmndon Bell, Delegate C. Richard Cranwell, Delegate Clifton A. Woodrum, M, Delegate A. Victor Thomas and Delegate H. Morgan Griffith. OTHERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager;, Wilbum C. Dibling, Jr., City Attomey; Jesse A. Hall, Deputy Director of Finance; Mary F. Parker, City Clerk; Willard N. Claytor, Director of Real Estate Valuation; Robert W. Bird, Municipal Auditor;, E. Wayne Hants, Superintendent of Roanoke City Public Schools; Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools; and June S. Nolley, Clerk of the Roanoke City School Board. Following lunch, the Mayor welcomed area legislators, School Board members, and Administrative staff. He presented each legislator with a token of appreciation, a marble paperweight with a die cast of the City Seal. LEGISLATION-COUNCIL-SCHOOLS: Chairperson Harris advised that it was a pleasure for the School Board to meet with the members of Council, the City's representatives to the General Assembly, and the City Administration. 262 The Mayor expressed the regrets of Vice-Mayor Edwards who was unable to attend the meeting due to another commitment. I MANDATES: The Mayor called attention to page one of the Legialative Program with regard to Mandates, advising that the United States Conference of Mayors, the National League of Cities, the Virginia Municipal League and the Virginia Association of Counties and Towns have requested that the General Assembly honor the request that there not be unfunded mandates. He explained that the City of Roanoke is subject to 391 Federal and State Mandates and requested that if the General Assembly imposes certain requirements on localities, that they also provide the revenue to make available the means to provide the program(s). As the General Assembly Session proceeds, he requested that the City Attomey stay abreast of ideas/propoaals and issue a type of mandate alert to the administration and to area legislators on any issue that has the potential to be approved that would impose an unfunded mandate on City programs. Chairperson Harris reiterated the Mayor's remarks, advising that the School system also receives mandates which place a burden on the system if funds are not provided to address the program.~. FULL FUNDING OF STATE MANDATED EDUCA~ONAL PROGRAMS, INCLUDING STANDARDS OF QUALITY: Mr. Saunders advised that the School Board supports education and the investment of funds to deliver a high quality of education. He further advised that the School Board supports the concept and objectives of many of the Standards of Quality that have been established, however, the funding formula involves the state funding the City based on a cost per pupil of approximately $2,900.00, which is a cost estimete that was prepared by JLARC that was created in a theatrical vacuum and does not accurately reflect the cost for the City to deliver a high quality education in an uH)an environment where there are multiple layers of mandates that must be addressed. For example, in Roanoke City, he pointed out that it costs approximately $5,800.00 per pupil per year to deliver the quality of programs that ars currently provided. Delegate Cranwall inquired if Mr. Saunders was suggesting that the State cannot change the Standards of Quality; whereupon, Mr. Saunders advised that that was not his suggestion, however, he was asking that when approaching a mandate, the State should evaluate the cost and base its cost estimates on a realistic cost of delivering education. He stated that the cost of providing education in the City of Roanoke is quite different from the coa.t o.f providing education in Franklin County or Montgomery County or northern Virg,n,a. Delegate Cranwell responded that the 263 Standards of Quality cannot be changed without some requirement for contributions I on the part of localities, therefore, he inquired es to what the School Board would like to change with regard to the composite index. Mr. Saundera advised that there are · variety of ways of calculating the composite index in order to establish a mechanism whereby the State's funding of school districts is linked more closely to the cost of providing educational services in that particular locality, therefore, rather than having an absolute average composite, there might be different composite rates for different localities based on different criteria. -- The Mayor suggested that the School Board provide area legislators with more detailed figures on behalf of the schools. Mr. Saundera advised that JLARC studies on state mandates have recommended that state funding be increased substantially for special education, and the School Board strongly supports that recommendation. Further, he stated that if the General Assembly is contemplating changes to the educational funding formula which would reduce state funding of any school division, the General Assembly is requested to contact the localities and the Virginia School Board Association with specific notice of the proposed changes. SPECIAL NEEDS OF CENTRAL CITIES WITHOUT ANNEXATION POWER: I Mr. McCadden advised that better than 90 per cent of s.u..beidized housi.n.g in this area ia located within the City of Roanoke; that of the c~tizenry of the C~ty of Roanoke, 22 per cent ere senior citizens, 23 per cent of the City's population is below the age of 19 meaning that nearly 45 per cant of the City's population are consumers of governmental services with little ability to pay for those services, and 52 per cent of the City's children come from economically depdved homes. He advised that one of the City's major problems is an inadequate inventory of developable land, which is compounded by the need of central cities to provide welfare, public safety, transportation, water and sewer services at a level not required in adjoining suburban and rural localities. He noted that if the central cities of the Commonwealth of Virginia are to remain strong and viable units of government, the following actions should be considered: reevaluation of Virginia's unique system of independent cities which imposes upon cities the unfair responsibility of providing regional services without reimburaement from adjoining beneficiary localities; special funding by the Commonwealth of those services provided by central cities which benefit the entire region; 264 as recommended by the Grayson Commission (House Bill 550 introduced at the 1990 Session), creation of financial incentives to encourage govemrnantal integration of independent cities with adjoining counties; and as recommended by the Grayson Commission, authority for cities with populations of less than 125,000 to make the transition to town status. INhen referring to elderly citizens, question was raised as to what age group is intended; whereupon, the City Manager advised that his assumption would be that the City is using the figure of 65, however, he would seek a clarification. The Mayor requasted that the City Manager provide Council with an estimate of the percentage of population within the City of Roanoke over the age of 70. ECONOMIC DEVELOPMENT: Mr. McCadden advised that the City is requesting the General Assembly to develop an economic development strategy for the Commonwealth and its local governments via pertnerehips with local govemments, and the strategy should recognize the international economy in which Virginia local govemmente are competing and include special funding, for intemational trade missions. He requested that the General .Assembly cons,der small business incubators as a vital element and provide fund,ng. He noted that the strategy should include special programs for those areas west of the Blue Ridge Mountains and central cities across the Commonwealth, and each of the areas will r=cd special financial assistance from the State if there is to be balanced growth across the Commonwealth. He added that special efforts must be taken through additional educational funding to save at-risk children. In connection with tourism and convention activities that enhance the economic well being of the Commonwealth, Mr. McCedden advised that the City urges the General Assembly to look closely at the way state tourism dollars are spent and to insure fair distribution. EDUCATIONAL PRiORITY - SCHOOL OPENING DATE: Mrs. Curtis advised that all persons are concerned about school safety, and in 1992 the General Assembly adopted the "Safe School Act" which provides a coordinated and comprehensive approach to ensure safe classrooms. She called attention to a recent meeting of the Virginia School Board Association in Williamsburg where participants received information on a new program proposed by the Commission on Ch. ampion Schools in which it is recommended that teachers, school boards and supenntendenta will be immune from civil liability for disciplining · 265 students in good faith. She advised that the Commission also recommends introduction of legislation requiring a State and Federal criminal background check on all new school employees; and further recommends a joint resolution by the legislature requesting local school eystenm to require parents and students to sign an acknowledgement that they have received and understand the Student Code of Conduct before a student enrolls in a school division. She requested that the General Assembly give serious consideration to the recommendations of the Commission on Champion Schools. Delegate Cranwell advised that he was chief patron of a 1994 bill that passed the House and the Senate, but was vetoed by the Governor, which provided for sending the rules of conduct home by the student, that the parent(s) would be required to sign a form stating that they had read the rules of conduct and return the form to the school, and if the parent(s) did not return the form to the school, they could be subject to a fine of $50.00. He further advised that the bill also stated that if the student violated the rules of conduct, the teacher, superintendent or principal could ask the parent to participate with the school system in developing a discipline program for the child, and if the parent(s} refused to participate, they could be fined up to $500.00. He stated that he intended to re-introduce the bill during the 1995 Session of the General Assembly. EMPLOYEE GRIEVANCE PROCEDURES: Mr. Pincus addressed the matter of Employee Grievance Procedures, advising that the position of the School Board is to object to legislation requiring binding arbitration because the School Board is of the opinion that it should retain final authority on personnel matters. He stated that supporters of the procedure site the proposals of State employees who have binding arbitration, in which case all decisions by the Arbitration Panel are subject to review by the State Personnel Director, however, with teacher arbitration there would be no review of the panel decision. As School Board members, he advised that it is important to have the authority to dismiss teachers, and the Board does not want this responsibility to be placed on someone outside of the community. He noted that the School Board is charged with the responsibility of providing the best possible education for the community, that binding arbitration would decrease the Board's effectiveness, and urged that any legislation requiring binding arbitration for teachers be rejected. ELIMINATION OF SCHOOL AGE CENSUS: Mr. Day advised that every three years all school divisions conduct a census of school age children residing in the locality; that the census becomes the basis for distribution of state educational sales tax to the locality; and legislation has been proposed to use pupil average daily membership rather than the school census as the basis for computing the Iocality'a sales tax entitlenmnt. He stated that this 266 methodology would reduce the sales tax distribution to urban localities with declining en.rollmen, t and estimated that Roanoke City would lose $760,500.00 in state educational md if such a change were to occur. He added that the School Board opposes this legislation unless it incorporates a mechanism to protect urban school divisions from losing state aid. STATE LITERACY FUND: Mr. Poff advised that during the t992-94 Biennium, the General Assembly transferred $192 million from the State Literary Fund into the General Fund to cover teacher retirement contributions; that only minimal funding is now available to meet Literary Fund requests of over $95 million in fiscal year 1994-95 for school construction, and the five-year need is estimated to be over $3.0 billion. He stated that the General Assembly is encouraged to adopt legislation that returns a reasonable level of loan authority to the Utsrary Fund and to develop other iow-cost financial alternatives for school construction funding. EDUCATIONAL DISPARITY: Ms. EJlison advised that the General Assembly adopted legislation in 1994-95 to provide additional funds for reducing primary grade class size and increasing school educational technology based on the number of free lunch children enrolled in the school division, and ~e General Assembly is to be commended on its actions to target the needs of Iow income children. She added that educational disparity funding should be expanded to include the reduction of class size at the upper elementary grade levels and to extend educational technical funding to middle and elementary schools. At this point, 1:45 p.m., Mrs. Curtis left the meeting. CHARTER SCHOOLS: Chairperson Harris advised that the Charter School concept offers a unique opportunity for local schools to develop educational programs at the site level, and the School Board supports legislation that allows local school boards to establish Charter Schools and the waiver of State mandates as applied to these schools. He stated that establishment of Charter Schools outside of the jurisdiction of the local school board is opposed. Inasmuch as Delegate Thomas had previously indicated that it was necessary for him to leave the meeting prior to adjournment, the Mayor called upon him for remarks; whereupon, Delegate Thomas advised that all persons in attendance are committed to public educa~on and to public schools; that he and Delegate Woodmm have worked together for the good of education, and Delegate Cranwell has more · 267 than proven himself on the issue of disparity in funding, but all persons must continue to work in order to make the schoois even better. He advised that legislators are aware of the problems of inner ch]et He commended the City on the quality of service provided at the City Nursing Home, advising that there ars ten localities in Virginia that operate nursing honms, and pointed out that on numerous occasions over the years he has tried to get edditional funds for the nursing homes. Mr. INhite reinforced the City's pnsition on the Nursing Home which it renders a great service to approximately 59 residents. He advised that the reality is that the Numing Home is costing the City approximately $410,000.00 per year which comes directly out of the General Fund because the State has imposed a ceiling that treats the City differently from other nursing homes for Medicaid reimbursement. He urged that the General Assembly remove the ceiling, thereby allowing locally supported nursing homes to be reimbursed in the same manner as private nursing homes. At this point, 1:60 p.m., Delegate Thomas left the meeting. BUSINESS LICENSE TAX: The City Manager pointed out that pursuant to H JR 526, adopted by the 1993 Session of the General Assembly, a subcommittee has been reviewing the appropriateness and administration of the business, profsssional and occupational license (BPOL) tax; the BPOL tax is an extremely important local revenue source, which accounts for $267 million Stetewide and $7.76 million locally. He advised that Council is open to alternatives to the BPOL tax that are revenue neutral to the City of Roanoke, but Council opposes any altemative that is not revenue neutral. Mr. Herbert referred to a hand-out entitled, "Legislative Briefing on the Governor's Proposal to Eliminate the BPOL Tax Dated December 12, 1994", and advised that BPOL revenue to the City is sstimsted at $8,160,000.00 for fiscal year 1994-96, which comprises six per cent of the City's total General Fund budget and is the fourth largest source of local tax revenue, exceeded only by general property taxes ($36,200,000.00 real estate tax, $15,040,000.00 personal property tax, $13,400,000.00 sales tax, and $10,500,000.00 consumers utility tax). He explained that the average growth rate for the BPOL tax is four per cent annually, or $325,000.00; that BPOL tax rsvenuss are shared by the City and the Schools, with the schools share at 36.42 per cent, or $3 million, and to replace the BPOL tax or the equivalent thereof would be 28 cents per $100.00 on the real estate tax, $1.87 per $100.00 on the personal property tax, 0.6 per cent on the sales tax and 9.3 per cent on the consumer's tFdlity tax. He advised that the Governor's current proposal would eliminate the BPOL tax over five years by cutting the tax back locally ten per cent in 1996, 25 per cent in 1997, 45 per cent in 1998, 70 per cent in 1999, and ultimately 100 per cent in the year 2000. 268 Delegate Cranwall advised that legally, he did not believe that the State could do what the Governor is proposing and staffs of previous .Attorney Generals have .agreed with his theory. He stated that the tax cannot be eliminated, constitutionally, oecauss of certain questions that would surface regarding the merchants capital te~, therefore, ssdous consideration needs to take place. He encouraged the City to be heard on the matter, advising that his assessment is that the political pressure to effect the Governor's proposal will be extreme, and if elected officials and educational leaders are not heard, the propo~d has a good opportunity of becoming a reality because some type of creative way will he found to accomplish the desired results. He stated that it would be wise to review the Lieutenant Governor's proposal that would encompass those businesses that have no more than a $25,000.00 per year profit and exempt them from the BPOL tax which would only cost the State $6 million and would involve approximately 90 per cent of the persons who pay the BPOL tax while not adversely impacting revenues. The City Manager expressed concern over what the Governor's proposal could do to the bond rating of local governments, and Delegate Cranwell expressed concem over what it could do to the State's bond rating. By way of a comparison, the City Manager advised that if the City were to lose real estate taxes from the following businesses, that would total up to 50 per cent of what the City would lose, revenue-wiss, with the loss of the BPOL tax: C & P Telephone Company, Norfolk Southern Railway, Appalachian Power Company property, Valley View Mall, First Union Office Building, Roanoke Electric Steel, M.an'iott Hotel, Coca-Cola Bo~in.g I Plant, Roanoke Gas Company and Towers Shopping Mall. He stated that that ,t ,s hoped that there will be discussion with regard to replacement of revenue or alternatives for funding if the BPOL tax is eliminated. INTERSTATE 73: Mr. White advised that the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) authorized the development of a national highway system to serve major population centers and major travel destinations, and ISTEA identifies the Interstate 73 corridor from Charleston, South Carolina, to Detroit, Michigan, as being a high priority. He pointed out that interests of the Commonwealth would be better served by an 1-73 alignment following U. S. Routes 460 and 220 because such alignment would provide access to the largest population center in Virginia west of Charlottesville, the medical and financial centers of southwsstem Virginia, the largest airport in southwestern Virginia and one of the State's major universities. He noted that alignment of 1-73 along U. S. Route 460 and U. S. Route 220 would strengthen both interstate and intrastate commerce and provide direct economic benefits to the Commonwealth. 269 TRANSPORTATION - IMPROVED ACCESS TO BLACKSBURG/VIRGINIA TECH: Mr. White advised that direct access between the Roanoke Valley and BlacksburgNirginla Tech is important to economic development efforts in southwest Virginia; that the State Transportation Commission has already recognized that a direct link from Blackeburg to 1-81 is a different project from solving traffic congestion on U. S. Route 460 in Montgomery County, and its importance was highlighted when it was placed in the State's six-year plan; and thus far, the Federal Government has allocated nearly $6 million to the "Smart Road" project. He pointed out that the City supports State funding for this important regional project which will be a catalyst for the creation of new jobs in the Roanoke and New River Valleys. JAIL - STAFFING REQUIREMENTS OF EXPANDED CITY JAIL: Ms. Wyatt advised that 51 new deputies will be required to operate the expanded Roanoke City Jell when construction is completed on December 1, 1995; that seven weeks of mandated State training is required before new deputies can begin working in the expanded jail; and if State funding is provided for the required new deputies only from the date construction is completed, operation of the expanded facility will be delayed at least seven weeks in order to train new deputies. She stated that it is therefore essential that the State budget provide funding for the 51 new deputy positions at least 60 days pflor to project occupancy date. JAIL - FUNDING OF EDUCATIONAL PROGRAMS: Ms. Wyatt advised that in 1987, the Governor initiated a literacy program for inmates incarcerated in the Virginia Department of Corrections, which program was intended to reduce recidivism among inmates by encouraging them to obtain a GED level of education and thereby increase their abilities to obtain jobs once released from custody. She pointed out that the Roanoke City Jail has two educational programs, the Adult Basic Education Program and a Special Education Program that are available to inmates, which represent a progressive crime fighting tool. She advised that the General Assembly is encouraged to provide increased funding for educational programs for jail inmates, and the General Assembly should also recognize that many of the Roanoke City Jail inmates taking advantage of these educational opportunities are State prisoners and full funding should be provided with respect to these inmates. LAW LIBRARY: Mr. Dibling advised that the Roanoke Law Ubrary is supported by a $4.00 filing fee levied on each civil action filed in the Circuit Court or General District Court; that the filing fee has dropped dramatically over the last three fiscal years from 270 $163,000.00 per year to $118,000.00 per year;, that tfm filing fees have not been raised since 1988, and. the City is requesting the General Assembly to increase the allowable fee ceiling from $4.00 per case to $6.00 per case and to apply this fee to criminal cases as well as to civil cases. VIRGINIA MUSEUM OF TRANSPORTATION: The Mayor advised that the voters of the City of Roanoke approved a $23 million bond issue which provided $1.8 million for a rail walk connecting the Transportation Museum to the Hotel Roanoke, and the voters also approved $800,000.00 for the State Transportation Museum to construct a cover for certain of its exhibits. He stated that Council is appreciative of the General Assembly's funding of the Museum at the level of $100,000.00 for each year of the current Biennium, however, the General Assembly is urged to increase its funding in the future. EVICTION OF TENANTS - COSTS OF REMOVING AND DISPOSING OF PERSONAl. PROPERTY: The Mayor advised that Section 8.01-156, Code of Virginia (1950), as amended, seems to require, when personal property is removed from rental property pursuant to a .court-ordered eviction, that the Sheriff store the property and later conduct a publ,c sale unl.e, es the owner of the property removes it from the public way; · however, in practice, personal property is placed in the public right-of-way and then collected by the City's Department of Solid Waste Management and hauled to the Transfer Station and then ultimately to the Regional Landfill. He further advised that the City submits that Section 8.01-156 should be amended to provide that removal of the possessions of evicted tenants is the responsibility of the landlord rather than the public. BINGO - REGULATIONS IN GENERAL: BINGO - REGULATIONS OF MANUFACTURING AND DISTRIBUTORS OF BINGO SUPPLIES: Mrs. Bowles advised that there are major inconsistencies in the way that localities administer and regulate bingo and raffle laws and regulations which should be addressed, and the City is requesting that there be uniformity in bingo laws and regulations throughout the Commonwealth of Virginia. She stated that one locality may administer and enforce such laws consistently with State Code, while another locality allows illegal games and does not monitor compliance with the laws and this disparity is unfair to charities that conduct legitimate bingo operations and fails to protect the public from unethical operators. She advised that administration and enf..o~., emant of state bingo operations is needed througlto....ut the Commonwealth and aud,t~ng of bingo operations should be a state respons, bility. ! 271 Mrs. Bowles explained that there is currently no regulation of pe~ons who sell bingo papers and supplies, which is a critical defect in the state's bingo regulatory scheme; and localities have no ability or authority to audit sales of bingo papers, thereby making it difficult for the City to detect any under-reported gross receipts. She pointed out that the General Assembly is urged to require the State to monitor, license and audit distributors and manufacturers of bingo and raffle supplies on a Statewide basis. VIRGINIA HOUSING DEVELOPMENT AUTHORITY - LOCAL GOVERNING BODY APPROVAL OF PROJECTS: Mrs. Bowies advised that Section 36-56.39(B), Code of Virginia (1950), as amended, provides that the Virginia Housing Development Authority will not finance any new construction or substantial rehabilitation of any proposed multi-family residential housing development if the goveming body of the locality in which such development is to be located has certified to VHDA in writing its disapproval of the proposed development; that Housing Bill 1236 enacted by the 1994 Session of the General Assembly repeals the local approval requirement of Section 36-55.39, however, House Bill 1235 does not become effective unless m-enacted by the 1995 Session of the General Assembly. She explained that Council is of the opinion that local governing body approval affords a valuable opportunity to influence the characteristics of housing developments and land demographics of local population, therefore, the General Assembly is urged not to re-enact House Bill 1235. TAX COLLECTION PROCEDURES - SUSPENSION OF COLLECTION PROCEDURES DURING ADMINISTRATIVE APPEAL: Mr. Parrott advised that the 1994 Session of the General Assembly amended Section 58.1-3916 of the State Code to authorize the State Department of Taxation to recover the costs of litigation and collection agency fees from tax delinquents, however, the Governor retumed the bill with an amendment which provides that collection procedures shall not be enforced during the pendency of any administrative appeal, and the Govemor's amendments were adopted during the Veto Session. He pointed out that the Governor's amendment represents a dramatic change to previous law which required the taxpayer to pay an appealed assessment by the statutory deadline and called for the application of late payment penalty and interest and collection action if the tax was not paid on time. He stated that the amendment to Section 58.1-3916 implies that the penalty and interest do not apply to tax bills which have remained unpaid during lengthy periods of administrative appeal, and under the amended law, any taxpayer who wishes to delay paying a tax assessment need only to file an appeal to get an automatic extension of payment deadline. He advised that with a backlog of appeals filed by large taxpayers, local 272 governments could accumulate millions of dollars in unpaid tax assessments every year, therefore, the 1995 Session of the General Assembly ia urged to repeal the "surprise" amendment made to Section 58.1-3916. Delegate Cmnwell suggested that the City confer with officials of the Virginia Association of Counties and Towns and the Virginia Municipal League to arrange for a type of liaison with the Governor's Office in order to stay abreast of these types of items before they retum to the floor of the General Assembly in the form of amendments. He pointed out that he was not aware that the amendment to Section 58.1-39t6 was approved during the 1994 Veto Session. The Mayor suggested that the City Attorney provide Delegate Cranwell with additional info¢,Y~ation and correspond accordingly with the Virginia Municipal League. VIRGINIA PUBLIC EMPLOYEE RETIREMENT SYSTEMS - PORTABILITY OF BENEFITS: Mr. Parrott advised that recruitment and retention by the Commonwealth and local governments of qualified officers and employees is critical to maintaining and improving the quality of public service in the Commonwealth; that intrastate mobility of public service professionals would facilitate and enhance the recruitment of qualified personnel; and some political subdivisions of the Commonwealth do not participate in the Virginia Retirement System and State law does not currently provide for portability between local retirement systems or the local retirement systems and the Virginia Retirement System. In order to address the portability issue, he stated that the 1994 Session of the General Assembly adopted HJR 104 which requires the Virginia Retirement System to conduct a study in conjunction with the Association of Municipal Retirement Systems, and the 1995 Session of the General Assembly is requested to enact any proposals resulting from this study which would advance portability of public employees. CURFEW VIOLATIONS: Ms. Wyatt advised that in order to provide teeth for local govemment curfew ordinances, the General Assembly is urged to amend TItle t6.1 to treat violation of local curfew ordinances the same as a traffic violation, because as availability of fines and driver's license revocation as dispositionai alternatives in curfew cases would create a substantial deterrent to recidivism. Mr. Whits, Chairperson of the Legislative Affairs Committee, expressed appreciation to area legislators for taking time out of their busy schedules to meet with City and School officials. He also expressed appreciation to the City Attomey for drafting the 1995 Legislative Program. He advised that the City needs the help of its area legislators and requested that they be provided with all pertinent information to do their jobs properly, but by the same token, if legislators have a 273 concem in regard to a local matter, he requested that they send the message to City Council and allow City Council to address local issuss. He urged that legislators provide Council with their recommendations on how to improve the City legislative procedure on an annual basis. Superintendent Harris expressed appreciation for the work of area legislators, and pledged the support of the School administration to insure that the necessary information is provided to area legislators to enable them to properly represent the interests of the schools of Roanoke City. The Mayor extended an invitation to the area legislators to join the Members of Council for dinner during 1995 Virginia Municipal League Legielative Day activities on Thursday, February 9, 1995, in Richmond, Virginia. With regard to the Governor's proposal on the Business, Professional, Occupational License Tax (BPOL), Delegate Cranwell suggested that the City find out where its representatives stand on the issue because it will be the "mother" of all unfunded mandates, advising that if adopted, the BPOL tax will place tremendous pressure on the real estate tax, that the views of the City need to be heard, and the City cannot sit idly by and expect area legislators to be the "barking dogs". He expressed the belief that there is an all out assault being focused on .education with the intent to change education as we know it today. He added that ~n this countzy regardless o.f. one's race, there is one shared experience that bonds all of us together - educaUon - and he encouraged caution in regard to how the system of public education is dismenUed. Senator Bell expressed appreciation for the opportunity to meet with City and School officials to discuss matters of mutual interest and concern. He stated that he has not taken a position on the BPOL tax pending further infom~ation from the Govemor, however, he appreciated the City Manager's remarks on how a reduction in the tax will effect the City of Roanoke. He advised that providing additional opportunities for local school boards to be more innovative will be beneficial; that the State needs to know the City's position on specific mandates in need of change at the State level which will provide the City with more flexibility; and he would like more information on those mandates that the City feels encumbered by. He called attention to a recent meeting with Jerry W. Kilgore, Secretary of Public Safety, in regard to training of deputiea for the new addition to the Roanoke City Jail, advising that he was given a verbal commii,,,ent that info,,,,ation will be forthcoming in the next several days as to how training can be accomplished prior to opening of the new jail addition. At this point, 2:25 p.m., Mr. Parrott left the meeting. 274 Senator Bell presented copy of hie communication addressed to the May.or dated. December 12, 1994, advising that he was approached by several of consbtuenta in connection with holding a referendum which would enable the citizens of Roanoke to vote on the question of a modified ward system for electing City Council Members. Subsequently, he stated that he was informed by the State Legislative Services Division that there is currently no provision in State law that would allow citizens to initiate a change to the method of electing City Council Members, therefore, without such a provision, the preferred altamative would be to pursue an amendment to the Charter of the City of Roanoke. He presented copy of a communication from Mary R. Spain, Staff Attorney, Commonwealth of Virginia, Division of Legislative Services. He further advised that after discussing the matter with his constti~uanta, he is of the opinion that it is a matter that warrants attention, therefore, he would be willing to introduce legislation before the General Assembly amending the Roanoke City Charter, thereby calling for a referendum on the question of a modified ward system; that since it is imperative that no such change be implemented without the support of a majority of City Council, he would prefer a formal endorsement by Council in order to proceed with necessary legislation; and requested that he be advised by Council as to the direction the City wishes to pursue prior to Tuesday, January 3, 1995. (For full text, see communications on file in the City Clerk's Office.) Even though he do~. s.not di .re.ctl. y r.e.p.?sent the City of Roanoke, Delegate · Gnffith' expressed apprec,aton for h~s mwtaton to the meeting because whatever Roanoke does will have an impact on surrounding localities. He stated that the big issue today is the BPOL tax, advising that he did not know what his position will be inasmuch as he has mixed feelings regarding to the tax because of its unfairness to new businesses, or to those businesses that reinvest a large portion of their gross income beck into the business each year. He added that he did not believe it would be responsible to eliminate the BPOL tax without careful consideration about how localities will be allowed to raise the money to replace the funds that will be lost as a result of abolishing the BPOL tax. Before taking a position on the BPOL issue, he stated that he is waiting until December 19 to hear the Governor's proposal as well as proposals of the Finance Committee and other State committees. He pointed out that elimination of the BPOL tax could become a reality because he has learned from experience that if northem Virginia cities beck a proposal and if the support of delegates from around the State is garnered, especially in areas where the BPOL tax is not a major tax to the localities such as in the more rural areas, and if those two elements are combined, a coalition could be formed that could pass the bill. He stated that if the City is opposed to elimination of the BPOL tax, it should educate all delegates, and insure that all legal objections are raised on any proposed amendment, resolve constitutional questions and find other creative and equitable ways to raise the funds that will be lost. He advised that the Charter Schools issue has merit; that he would find it difficult to support an increase in fees on General 275 District Court civil cases from $4.00 to $6.00 because since Virginia does not have a small claims court, if fees ara raised, the effect will be to craata a larger class of plaintiffs who do not have redress in the court system. He pointed out that he voted against the incraass in filing fees last year because of a concern about adding all things to the civil court filing fees, and he would encourage those individuals who have a particular interest in the law library issue to look at something other than an additional fee. He stated that a library tax on attorneys would be mora appropriate than foming a citizen who operates a small business and has a $50.00 claim to pay an additional filing fee because, In effect, the small merchant will be priced out of the court system. Delegate Woodrum expressed appraciation for the opportunity to meet with Council and the School Board, and advised that he has continuing and sometimes daily communication with City officials on legislative mattera. He stated that he would be pleased to introduce a bill providing for the City's raqueeted Charter amendments. He pointed out that his experience over the past 16 years has been that City Councils and Boards of Supervisors are the closest to the citizens, and they should be given the opportunity to take the initiative to provide the necessary leadership; and the matter of a modified ward system for electing City Council Members is something that should originate from the City Council, with the advice and consent of the people and legal advice fTom the City Attomey. He stated that the demographics .mu.~..t be analyzed and the .m. will be involvement by .th.e United States I Department of J..us.fice pursuant to the Voting Rights Act, therefora, ,t is a matter that should be stud,.e.d carefully .a..nd a. pproached with a g.raat deal of s. eriousnees. He applauded the C,ty for its position ,n regard to prohibit, rig the carrying of handguns in City parks. He advised that he would approach the subject of Charter Schools very cautiously, and encouraged the City to proceed with cara in dealing with the question of redefining the system of public education. He agraed with Delegate Cranwell in his theory that all citizens have one common bond - education. In ragard to the possible elimination of the BPOL tax, he advised that he did not know what revenue sources will be provided to raplace the tax, that local government should be allowed to maintain maximum flexibility or maximum home rule, and to raplace the BPOL tax with some type of handout is nothing mora than welfara to the localities because cities and counties in the Commonwealth of Virginia should be allowed to be masters of their own fate and to chart their own course with their own tax structura as much as possible; therefora, he stated that he has graat raservations about the rapeal of the BPOL tax. 276 There being no further business, the Mayor and Chairperson declared the joint meeting of City Council and the School Board adjoumed at 2:40 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 277 REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL December 19, 1994 10:00 a.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, December 19, 1994, at 10:00 a.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, ~]&lJ~ of Section 2-15, ~ of ProG.e_d_u_r~ Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Elizabeth T. Bowles, John S. Edwards, Delvis O. McCadden, John H. Parrott, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ................... 7. ABSENT: None . OFFICERS PRESENT: W. Robert Herbert, City Manager;, James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attomey; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. I The meeting was opened with a preyer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. CITY CODE-CITY CHARTER-PARKS AND RECREATION-PUBLIC WORKS-LEGISLATION-SCHOOLS: Pursuant to instructions by Council, the City Clerk having advertised a public hearing for Monday, December 19, 1994, at 10:00 a.m., or as soon thereafter as the matter may be heard, to receive citizen comments with regard to proposed amendments to the Roanoke Charter of 1952, as amended, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, December 8, 1994. (See publisher's affidavit on file in the City Clerk's Office.) 278 ACTION: The City Attorney submitted a written report advising that bills to amend, City Charter must be introduced prior to the first day of any session of the General Assembly unless requested by the Governor, and Delegate Woodrum has agreed to handle the City's Charter amendments. The City Attomey summarized the amendments, as follows: The first proposed amendment authorizes Council to adopt an ordinance regulating or prohibiting the carrying of handguns in City parks. The second proposed amendment relates to Section 42 of the Charter which requires Council approval of change orders to construction contracts when the amount of the alteration or modification exceeds $5,000.00. This limit has not been increased since 1978, and the proposal is to increase the limit to $25,000.00. Change orders of less than $25,000.00 would be handled administratively by the City Manager. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: I (f/32296-121994) A RESOLUTION requesting the 1995 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. 56, page 550.) Mr. McCadden moved the adoption of Resolution No. 32296- 121994. The motion was seconded by Mrs. Bowies. The Mayor inquired if there were pemop, s present who would like to address Council in connection with the proposed City Charter amendments. There being none, Resolution No. 32296-121994 was adopted by the following vote: 279 AYES: Council Members Bowies, Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers. 7. NAYS: None-- The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for Executive Session to discuss a matter with regard to actual litigation, being a civil suit pending in the Circuit Court for Roanoke County; and to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, i com..missions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowies, Edwards, McCadden, Parrott, White, INyatt and Mayor Bowers .............. . ....... 7. NAYS: None- - TRAFFIC-STATE HIGHWAYS: A report of the City Manager advising that the Inte,,,odal Surface Transportation Efficiency Act (ISTEA) was signed into Federal law in December 1991, representing a i n.e..w, vision for transportation in America; that the law provides for $155 bdhon to be spent nationwide to rebuild and redirect surface 280 ACTION: ~,,msport~on over six yesm (1992.1997), with the intent of ISTEA move ~OU~r of.~ interatats.highway age and to encourage states and localities make transpodaflofl decisions that make communities mare livable, that are environmentally sound and economically efficient; and for the first time, Federal transportation legislation places the power of .decisionmaldng with State and IocaJ govemment, the purpose of which ,s to allow increased flexibility and public input on how Federal funds can be spent to solve local transportation problems, was before Council. The City Manager further advised that ISTEA requires state departments for transportation to set aside a minimum of ten percent of their Surface Transportation Program (STP) allocation each year to be used for ten specific types of"enhancement" activities that enhance the physical environment; that in Virginia, this minimum ten percent figure equals $7.5 million in enhancement funds annually; that while any one locality is not assured to receive any of the funds, every effort will be made by the Virginia Department of Transportation (VDOT) for an. .equitable distribution of .funds; that enhancement projects may be imtiated by any group or ind,vidual and need to be fo¢,~,.d!ly endorsed by Council pdor to being submitted to VDOT; and th~s year, one application will be ~ubmitted to Council on January 9, 1995.. . It was expla,n.e.d that while ISTEA does not require a publ,c heari.ng, by I..ocalities, ,t ,s recommended that Council concur in the City A. dm,n,stration ad. vertising a pub!lc heari, ng to be held on Monday, January 9, 1995, ,n order to prowde max, mum citizen input into the selection of projects to be recommended to the State for funding under this new transportation enhancement program. (For full text, see report on file in the City Clerk's Office.) M.m.. Bowles moved that Council concur in the recommendation of the C,ty Manager. The motion was seconded by Mr. Edwards and adopted by the following vote: 281 AYES: Council Members Bowles, Edwards, McCadden, Parrott, White, W/att and Mayor Bowers -~7. NAYS: None ..... . .... -0. OATHS OF OFFICE-COMMITTEES-ZONING: A report of quaiiflca~on of Louise C. Williams es a member of the Board of Zoning Appeaie, for a term ending December 31, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers --------7. NAYS: None OATHS OF OFFICE-COMMITTEES.LIBRARIES: A report of i qualification of Zaman K. McManawa.y. es a member of the Roanoke Publ,c Library Board, for a term end,ng June 30, 1999, wes before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers .7. NAYS: None -. O. OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING DEPARTMENT: A report of qualification of Gene Wirt as a member of the Building Maintenance Division of the City's Board of Building Cede Appeals, for a term ending November 10, 1999, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) 282 ACTION: ACTION: Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowiet, Edwards, McCedden, Parrott, White, Wyatt and Mayor Bowers.- ......... 7. NAYS: None COUNCIL: A report of the City Attorney requesting that Council convene in Executive Session to discuss a matter with regard to actual litigation, being a civil suit pending in the Circuit Court for Roanoke County, pursuant to Section 2.1-344 (AX7), Code of Virginia (1950}, as amended, was before the body. (For fulI text, see report on file in the City Clerk's Office.) A_ M~. Bowles too.red_that Council concur in ?.e request of the City homey ;o convene In L;-xecutive Session to discuss a matter with regard to actual litigation, being a civil suit pending in the Circuit Court for Roanoke County, pureuant to Section Z. -,.. ,- .......... ......... .. "'~ [~/~/I, ~xle OT Virginia ~lt~u), as anlenoe~. The morion was seconded by Mr. Edwards and adopted by ;he following vote: · AYES. Council Members Bowies, Edwards, McCadden, Parrott, Wh,te, Wyatt and Mayor Bowers ............ NAYS: None HEARING OF CITIZENS UPON PUBLIC MATTERS: ANNUAL REPORTS-ROANOKE NEIGHBORHOOD P..AR. T, NERSHIP: Lawrence M. Tayl.or, Past Chairperson of the Roanoke Neighborhood Partnership Steenng Committee, presented the Partnership's Annual Report for the years 1992-94. · He highlighted a number of accompl,shments, projecte,.basic .p. rogrems and se.rvi.c, es that were undertaken by the Partnersh,p and ,ts member orgamzat,ons over the past several years. He expressed appreciation to Council for its 283 support of the Roanoke Neighborhood Partnership over the past 14 years in its efforts to make a difference in the lives of the citizens of the City of Roanoke. (For full text, see report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the briefing would be received and filed. OTHER HEARING OF CITIZENS: COMPLAINTS-HOTEL ROANOKE CONFERENCE CENTER- VIRGINIA TECH-HUNTER VIADUCT-TRAFFIC: Mr. John M. Miller, 2529 Longview Avenue, S. W., appeared before Council and advised that a considerable amount of money was spent a number of years ago to construct an underpass leading to the Norfolk and Westem Railway general offices and to the Hotel Roanoke, however, the underpass was not a success because of pedestrian safety reasons, and now the City plans to build a skywalk which will ruin the impression of and be an eyesore to the newly renovated Hotel Roanoke and the newly consl~ucted Conference Center. He stated that he does not plan to use ~.e. skywalk, and does not believe that other persons, particularly senior · c,tizens, w? use the facility, because people staying at.the Hotel Roanoke w~ll also want to eat there and will not have an ,nterest in walking to the downtown area. Mr. Miller expressed concern about a recent newspaper article in regard to closing the Hunter Viaduct Spur, for which the City recently spent approximately $100,000.00 to construct, and stated that the Spur is a necessary component to provide quick access to downtown Roanoke, particularly for emergency vehicles. The Mayor advised that there was considerable debate sometime ago as to where to locate the skywalk and a compromise involved development of a loggia in front of the Hotel Roanoke to protect the viewshed. He stated that he would be interested in hearing Mr. Miller's assessment of the skywalk upon its completion and extended an invitation to Mr. Miller to join him for a stroll through the skywalk. 284 PETITIONS AND COMMUNICATIONS: PLANNING-ECONOMIC DEVELOPMENT: A communication from Mayor David A. Bowers summarizing items of discussion during the Urban Summit which was sponsored by the Urban Partnership of Virginia on Thursday, December 8, 1994, in Richmond, Virginia, was before Council. The Mayor advised that the historic importance of the event is that perhaps for the first time in many decades, the business community of the Commonwealth of Virginia joined with the Mayors of the leading cities to forge a coalition for reform of state urban policy in Virginia; that the overriding theme throughout the day, which was expressed by dozens of speakers and business participants, seemed to be that both business leaders and city leaders ars tired of being outpaced by the cities oftbe Carolinas, and whatever they are doing is something that Virginia cities should seriously review and try to incorporate into Virginia's way of doing business and conducting local govemment. He noted that approximately 330 people participated and agreed that the plight of urban cities of Virginia is an impediment to the economic growth of their respective regions and the entire Commonwealth. In closing, the Mayor stated that the structure of local I govemment is, if not the most important factor, one of the most important factors that must be dealt with and the concept of human reform for Virginia should and must be a popular issue for all Virginians, those in the business community, as well as those in the cities and the suburbs se that a new urban policy can be effectuated for Virginia that will be the best urban policy in the nation. Without objection by Council, the Mayor advised that his communication would be received and filed. Mr. Parrott called attention to the recognition that the Mayor and the City Manager received during the Urban Summit, at which time it was acknowledged on several occasions that the meeting was due in large measure to their efforts, and the City of Roanoke can take pride in their accomplishments. 285 REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: CITY INFORMATION SYSTEMS-EQUIPMENT: At the request of the City Manager, Archle W. Harrington, Manager, City Info~,~ation Systems, presented a briefing ~ regard to central computer upgrade of City services. Mr. Harrington advised that the City operates a central host computer system which is used to support a variety of city services such as payroll, general ledger, billings, accounts receivable, tax collections, police records, and many others; that the system is composed of a number of critical components including the central processor, the data storage subsystems (both disk and tape), and the data communication subsystem; that most of these components were purchased between July 1983 and December 1987 (11 112 and 7 years ago); and because of age, limited speed, limited capacity, increasing hardware failure rates, and technology changes, a number of the I .system?.,nformafion procass~ng ~Tednso.componen. ts longer adequate to meet the City's Mr. Harrington pointed out that in order to provide the necessary central computing resources to accommodate new and improved sewicea, a number of central system components need to be replaced, which include the CPU, the disk storage subsystem, and the tape storage subsystem; that a set of bid specifications for replacement of the equipment were prepared with both short and long term needs in mind; that bid responses have been received and are currently being evaluated; and a report will be submitted to Council within the next few weeks. He noted that upgrades to the central system have been anticipated for a number of years and funding for this puq)ese has been planned, with available funds in CIS Internal Service Fund Retained Earnings. Without objection by Council, the Mayor advised that the briefing would be received and filed. 286 ITEMS RECOMMENDED FOR ACTION: ! BUDGET-MANAGEMENT AND BUDGET-EQUIPMENT: The City I Manager submitted a written report advising that the Department of Management Services is charged with the responsibility of providing offset printing, courier, photocopying, postage and graphics services for all City departments and agencies; and the Office of Management and Budget (OMB) has identified and studied the following aitematives for providing printing services: combinina orintinu ODG, aGOnS with Roa~.~k~ City Schools; outsoumina (Drivatizina~ the City's DrinUna oDerations tn a private contractoris~: and Durchasina more "production oriented" eauiDment. It was explained that printing specifications were developed and formal bid requests were sent to 20 commercial printing firms listed in the Roanoke area, with ten firms responding; that the lowest responsible bid meeting specifications was submitted by Print Masters, Inc.; and based on costs per impression bid for various ty;)es of printing, the annual cost of the contract is estimated tc~-be $29,76S.00. The City Manager recommended that Council concur in the following actions: Accept the lowest responsible bid meeting specifications from Print Masters, Inc., and authorize the City Manager to enter into a one-year agreement for the provision of commercial printing services at the various costs per impression bid. Accept the highest offer from Printers Services & Supplies, in the amount of $6,500.00, for certain printing and related equipment owned by the City and currently used to provide in-house printing services. 287 Appropriate $6,500.00 to the Management Services Fund, Account No. 0154)02-1617-2160, and incmese the Management Services revenue estimate for Outside Third Parties, Account No. 015-020-1234-1104, in the amount of $6,S00.00. Reject all other bide received by the City. (For full text, see report on file in the City Clerk'e Office.) Mr. Parrott offered the following emergency budget ordinance: (#32297-121994) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Management Services Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 552.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 32297-121994. The motion was seconded by Mr. Edwards and adopted by the following vote: ·m AYES: Council Members Bowies, Edwards, McCaddsn, Parrott, White,' Wyatt and Mayor Bowers ........ 7. NAYS: Nor._- Mr. Parrott offered the following resolution: (#32298-121994) A RESOLUTION accepting the bid of Pdnt Masters, Inc., to provide commercial printing services, 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 accepting an offer for purchase of certain printing and related equipment owned by the City. (For full text of Resolution, see Resolution Book No. 56, page $53.) ACTION: Mr. Parrott moved the adoption of Resolution No. 32298-121994. The motion was seconded by Mr. Edwards and adopted by the following vote: 288 White, INyatt and Mayor Bowers --7. NAYS: None ....... BUDGET-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH-EQUIPMENT: The City Manager submitted a written report advising that $12.8 million in General Obligation Bonds were issued in order to construct and equip an approximate 90,000 square foot conference center which ia attached to the Hotel Roanoke; that construction is underway and the conference center is expected to open on April 3, 1995; that anticipated project expenditures yet to be funded from the capital project's contingency account include ergonomic fumiture for the ballroom, additional irrigation, landscaping and banquet wares and equipment; that major marketing advantages are seen for the Conference Center, the Roanoke business community and Virginia Tach if a higher level of communications, data, audio and voice technology could be installed and available at the Conference Center for use by potential customers of the facility, however, funding is not available for such project expenditures in the capital project's contingency account; and additional cabling, communications links, infras.t.r.u, cturs and equipment have been identified to achieve this marketing edge and are estimated to cost an additional $175,000.00 over what has already been budgeted, which include the following: internal cable television system to send audiovisual signals to every room within the Conference Center, Ethernet and intemet systems and access, and digital compressed Codec equipment for video conferencing via telephone. The City Manager recommended that Council appropriate $175,000.00 of undesignated capital funds to a new Capital Project Fund account and to the Hotel Roanoke Conference Center Commission Fund, Account No. 010-002-9657-9003, to fund additional cabling, communications link, and infrastructure and equipment. (For full text, see report on file in the City Clerk's Office.) 289 Mr. White offered the following emergency budget ordinance: (~32299-121994) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Capital and Hotel Roanoke Conference Center Commiesion Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinanca Book No. 56, page $54.) ACTION: Mr. White moved the adoption of Ordinance No. 32299-121994. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ............................ 7. NAYS: None BUDGET-HOUSING/AUTHORITY4NDUSTRIES: The City Manager submitted a written report advising that Vitrsmon, Inc., a manufacturer of ceramic micro-chip capacitors, has agreed to expand its Roanoke plant, conditioned upon construction of an expanded parking lot and related site improvements to be done by the City. of Roanoke I Redevelopment and Housing that econom,c benefits to Authority;. Roanoke as a result of plant expans,on would include 80 new "high tech" jobs, $13 million capital investment, approximately $200,000.00 per year in direct local taxes; that statutory authorization to make sits improvements at the industrial sits has been granted to the Housing Authority; that an agreement will be entered into between the Housing Authority and Vitrsmon, Inc., to construct an expanded parking lot in connecaon with plant expansion; that funding from the City, in the amount of $150,000.00, is needed by the Housing Authority to fund the construction project; and Roanoke Centre for Industry and Technology Capital Funds are requested for donation to the Housing Authority, pursuant to an agreement to be approved by the City Attorney, in the amount of $150,000.00, with funds available from undesignated capital funds. The City Manager recommended that Council appropriate $150,000.00 ;rum undesignated capital funds to a new Capital Projects Fund account to be established by the Director of Finance; and that the City Manager be authorized to execute an agreement, to be approved by the City Attomey, between the City and the City of Roanoke 29O ACTION: ACTION: Redevelopment and Housing Authority to construct an expanded parking lot at the Vitrsmon, Inc., site at the Roanoke Centre for Industry and Technology. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (f/32300-121994) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 556.) Mrs. Bowles moved the adoption of Ordinance No. 32300-121994. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, Edwards, McCadden, Parrott, White, INyatt and Mayor Bowers ..................... 7. NAYS: None ............................... -0. Mrs. Bowles offered the following resolution: (ft32301-121994) A RESOLUTION authorizing an agreement with the Roanoke Redevelopment and Housing Authority, ("RRHA") providing for RRHA to construct and expand a parking lot at the Vitramon site at Roanoke Centre for Industry and Technology. (For full text of Resolution, see Resolution Book No. 56, page 557.) Mrs. Bowles moved the adoption of Resolution No. 32301-121994. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers J- 7. NAYS: None ................. 4). 291 .BUDGET-H.~U$1NG~AUTHO.RJTY-GRANTS: T.h., City Manager I subm,tted s written report advising the C,ty of Roanoke th.at Redevelopment and Housing Authority adm, nisters a variety of HOME funded programs; that Council approved a contract for services with the Housing Authority for administration of these activities in fiscal year 1993, pursuant to Resolution No. 31688-091393, adopted September 13, 1993; that Council approved Amendment No. I to the 1993-94 Contract for Services under the HOME Program with the Housing Authority for the continued administration of the HOME Program, pursuant to Resolution No. 31923-032194, adopted on March 21, 1994; that duration of the current HOME Agreement continues until June 30, 2009, or until expiration of the terms of any Federally-insured mortgage on subject properties; and regulations by the U. S. Department of Housing and Urban Development (HUD) have been updated since execution of the 1993-94 HOME Agreement. It was further advised that additional funding has been appropriated by Council in Roanoke's HOME program allocations from HUD to continue existing programs in the current Agreement; that changes are needed in the Agreement to reflect revised HOME regulations, with new programs having been developed that need to be i i..mp, le .me. nted; that the Rental Rehabilitation Account needs to be dw,ded ~nto two accounts, one for project costs and one for staff support; that $9,479.00 needs to be transferred to a new Rental Rehabilitation staff support account; and Amendment No. 2 to the 1993- 94 HOME Agreement is necessary to increase the Housing Authority budget for administration and project costs by $557,346.00, as follows: Increase the dollar amount for the following programs: Owner-occupied Rehabilitation Program $150,000.00 Rental Rehabilitation Program 4,946.00 Down Payment and Closing Costs Program 73,500.00 Add the following new programs to the Housing Authority Agreement: 292 ACTION: Supplement Rehabilitation Program Purchase Rehabilitation Program Relocation Assistance Program 98,600.00 Increase Housing Authority administrative and support costa by $80,300.00. The City Manager recommended that he be authorized to execute Amendment No. 2 to the HOME Agreement with the City of Roanoke Redevelopment and Housing Authority, which will increase the Agreement amount with the Housing Authority by $557,346.00 and trsmder $9,479.00 from Rental Rehabilitation Project Account No. 035- 052-5300-5236 to Rental Rehabilitation Sta;; Support, an account to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Ms. INyatt offered the following emergency budget ordinance: (ft32302-121994) AN ORDINANCE to amend and roordain certain sections of the t994-95 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 557.) Ms. Wyatt moved the adoption of Ordinance No. 32302-121994. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, McCadden, Parrott, INhite, INyatt and Mayor Bowers ................ NAYS: None .......... -0. 293 i Ms. Wyatt offered the following resolution: (~/32303-121994) A RESOLUTION authorizing the appropriate City officials to enter into Amendment No. 2 to the HOME Investment Partnership (HOME) Program Subrecipient Agreement with Roanoke Redevelopment and Housing Authority (RRHA), upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 56, page 558.) ACTION: Ms. Wyatt moved the adoption of Resolution No. 32303-121994. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ................................. 7. NAYS: None At 11:00 a.m., the Mayor declared the meeting in recess. i At 11:05 a.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. BUDGET-DRUGS/SUBSTANCE ABUSE-CITY EMPLOYEES: The City Manager submitted a written report advising that the City of Roanoke currently employs approximately 250 drivers who must possess a Commercial Driver's License (CDL) to perform their job duties; that any vehicle which has a gross vehicular weight exceeding 26,000 pounds, carries hazardous materials or can carry 16 or more passengers must be operated by an employes who holds a Commercial Driver's License; that the Omnibus Transportation Employee Testing Act of 1991 requires drug testing of CDL drivers, however, prior to January 1, 1995, all government CDL drivers other than those transporting hazardous materials were exempt from the Act; that 1994 amendments to the Act, which become effective on January 1, 1995, remove the exemption of City CDL drivers from drug testing, and also require alcohol testing of CDL drivers, as well as biennial physical examinations; and no funding is provided by the Federal Government to local governments for compliance activities, therefore, it is an additional unfunded mandate. 294 · It wa~ explained that all City employees holriing a Comme~ial Dnve~e L. icenss wtl! be required to pass Pre-employment h mcal examlnauons and biennial nhvaical -,,-,,-~--,, ........ P y -- - .- - -..-,,,,,,.uu.m ana [ney will be auoject to the following types of alcohol and ~lrug testing: re. e.m?oyment, random, post-accident, reasonable ,.=,~i,.;... --,..iP~ ou / a. nd follow-up; that extensive recordkes i-n- ';n";;' procecluree are mnuired b" th'- "--' ......... po g . ' -'~ ~' . q ~'~, .itq in or(let to I)e in compliance, me City must take the following actions: perform the required alcohol and drug tasting, perform the required physical examinations, purchase alcohol testing equipment, implement a Mo-hour training program for all supervisors of CDL drivers as required by the Act, train the Occupational Health Nurse and Risk Management personnel as Breath Alcohol Technicians, and implement an information and training program for all CDL drivers to familiarize them with the Act's effect upon them. The City Manager recommended that Council concur in the following actions: Implement the Omnibus Transportation Enmlovee Act of 1991 and the related -~*;,~,; ....... _~:-.-.- ,-.---_...u to comply. ----,-~ ,-qmreo Dy me City Transfer $33,147.00 from Contingency Re. serve Account No. 001-002-9410-2t99, to the following Personnel Management accounts: Account No. 001-002-1261-2111 $27,585.00 Account No. 001-002-1261.2035 1,613.00 Account No. 001-002-1261.9015 3,949.00 (For full text, see report on file in the City Clerk's Office.) 295 Mr. White offered the following emergency budget ordinance: i (~f32304-121994) AN ORDINANCE to amend and mordsin certain sections of the 1994-95 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, ees Ordinance Book No. 56, page 559.) ACTION: Mr. White moved the adoption of Ordinance No. 32304-121994. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, Edwards, McCadden, Parrott, W~ite, INyatt and Mayor Bowers ................................ 7. NAYS: None~::~- ............................... --0. SEWERS AND STORM DRAINS-SIDEWALK/CURB AND GUTTER- BRIDGES-CAPITAL IMPROVEMENTS PROGRAM-CONSULTANTS REPORTS-STREETS AND ALLEYS: The City Manager submitted a written report advising that Council previously authorized the hiring of contract personnel to provide land acquisition services for the City, I pursuant to Ordinance No..26965, adopted on April 9, 1988; and two contract employees were h,red on December 10, 1990, in connection with the following projects: Roanoke River Flood Reduction Project Peters Creek Flood Reduction Project Second Street/Gainsboro Road Improvement Project Carvins Cove Water Improvement Project it was explained that contract employese worked under two year contract terms; and renewals of the contracts for an additional two year period was approved by Council on October 26, 1992. The City Manager advised that significant progress has been made on all projects abovelisted, with the exception of the Roanoke River Flood Reduction Project which ia etailed pending resolution of environmental issues; that right of access permits were obtained for surveying and on-site environmental testing for the Flood Reduction Project; that Adver'dsement for Professional Services was published in the Roanoke Times & World-News on October 30, 1994, and four 296 ACTION: responses were received, and interviews were conducted with Luther W. Nicar and CTG & B, Inc. (Consultants to Government and Busin._ees.) whic. h ..w~. ra determined to ..be the best qualified t.o provide the specifies services, that current capital improvement projects require acquisition of real property and easements prior to bidding and construction; and certain active projects and new capital improvement projects have added a significant demand for land acquisition services. The City Manager recommended that he be authorized to execute a contract, in a fo,,,, to be approved by the City Attorney, for land acquisition services at a total co~t not to exccc, d $118,560.00, for a term not to exceed two yesra, with the cost of subject personnel to be borne by Capital Improvement Projects which will not impact the General Fund. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following resolution: (#32305-121994) A RESOLUTION authorizing the City to enter into certain con{,,cts for real estate acquisition management services, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 56, page 560.) I Mrs. Bowies moved the adoption of Resolution No. 32305-121994. The m. otion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowies, Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ...................................... 7. NAYS: None ............................ ,, BUDGET-CITY CODE-CITY. CHARTER-PUBLIC WORKS- ..EQU.!PMENT: The City Manager'subm,tted a written report advising that =ect,.o.n 42 of the City Charter was amended in 1978 to r~rnvirl,~ th=t :ltsreti? o?od c o., of a i, exc,, a_pproveo by ~;ouncil; that Counc,! has recently requested the Virginia General Assembly to amend the C, Charter to' creasa thn ~ nnn nn I . . ty ,n ........... , ...... !i.m.,t.. to .$25,000..00, that the C,ty Code requires competitive sealed DIQQIng TOr gooos, services or construction where the value exceeds 297 $15,000.00, which limits cannot be changed inaamuch as they are i eatabli _alii.. by the Virginia Public Procurement Act; and Section 23.1.4 of the City Code requires that Council approve all contracts and purchases in excess of $15,000.00. It was further advised that purchasing and contract limits of other Virginia cities was researched by City staff; that the maJodty of other cities have no limit on contracts or purchases approved by the City Manager provided funding is available in a City Council adopted budget; that a 3:1 ~a~;o exists between current contract value approval limits of $15,000.00 and change order limits of $$,000.00; and in order to maintain the same relationship, given the change order limit is raised to the recommended level of $25,000.00, contract approval limits should be correspondingly increased to $75,000.00. The City Manager recommended that Council amend the Code of the City of Roanoke (1979), as amended, to allow approval of contracts for goods and services by the City Manager in amounts up to a value of $75,000.00, provided funding ia available in a City Council adopted budget. (For full text, see report on file in the City Clerk's Office.) i Mr. Parrott offered the following emergency ordinance: (#32306-121994) AN ORDINANCE amending and reordaining subsections (a) and (b) of §23.1-4, Reouirement of biddino: oower to reiect bids; subsection (c) of §23.1-4.1, Reouirement of comoetitive ne0otiation: and subsection (c) of §23.1-10, Bid o~)enin0s: bid acceotance and evaluation, Code of the City of Roanoke (1979), as amended, to provide that the City Manager may accept bids, determine if only one offeror ia fully qualified to provide professional services and award public contracts not in excess of $75,000.00; to provide that the City Manager shall report to City Council with respect to bids in excess of $75,000.00; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 561.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 32306-121994. The motion was seconded by Mr. Edwards and adopted by the following vote: 298 AYES: Council Members Bowles, Edwards, McCadden, Parrott, Whits and Wyatt ....... $. NAYS: Mayor Bowers ................ - ..........................1. SEWERS AND STORM DRAINS-EASEMENTS-CONSULTANTS REPORTS: The City Manager submitted a written report advising that on March 8, t993, Council awarded a consulting contract to Mattem & Craig, Inc., which included various design services identified through the eewershed infiltration/inflow reduction studies, with anticipated subsequent phases to be based on preliminary design studies; that construction is complete on Peters Creek Sewershed, Project PC-1 and Peters Creek Sewershed, Project PC-2; that Peters Creek Sewershed, Projects PC-3 and PC-4 and Lick Run Sewershed, Projects LR-2, LR-3 and LR-5 are in final design; and to date, the following four contract amendments have been executed; Original Contract Amount Amendment No. 1 Amendment No. 2 Amendment No. 3 Amendment No. 4 $140,800.00 2,300.00 197,737.02 2,000.00 2.400.00 Current Contract Amount $345.237.02 It was explained that during field investigation a portion of old 30- inch corrugated sewer line was found to contain holes and was leaking into Peters Creek; that the line is not located underground, but rests on concrete piers above the creek inside a box culvert, with attempts to make repairs having been successful; that approximately 670 lineal feet of sewer line needs to be replaced; and Amendment No. 5 to the contract with Mattem & Craig, Inc., needs to be approved to provide engineering services for design, preparation of permit applications to Norfolk Southern and Marine Resources, development of easement plats, and construction administration. The City Manager recommended that he be authorized to execute Amendment No. 5 to the contract with Mattem & Craig, Inc., for additional engineering services in connection with the Infiltration/Inflow Reduction Design; and that $30,000.00 ($21,800.00 Phase II - Design, $4,300.00 Phase III - Construction Administration, $800.00 easement 299 plats, for a total amendment of $26,900.00 and establish a contingency t of $3,100.00) be appropriated from the Sewer Fund Retained Eamings Account to Account No. 003-056-8459.9003, Sanitary Sewersbed ACTION: ACTION: Replacement Design. (For full text, see report on file in the City Clerk's Off,ce.) Mr. Parrott offered the following emergency budget ordinance: (~t32307-121994) AN ORDINANCE to amend and reordaln certain sections of the t994-95 Sewage Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 563.) Mr. Parrott moved the adoption of Ordinance No. 32307-121994. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, McCadden, Parrott, White, INyatt and Mayor Bowers ............................................ 7. NAYS: None ............................................ -0. Mr. Parrott offered the following resolution: (#32308-121994) A RESOLUTION authorizing the execution of Amendment No. 5 to the City's contract with Mattem & Craig, Inc., for additional engineering services in connection with the Infiltration/inflow Reduction Design. (For full text of Resolution, see Resolution Book No. 56, page 564.) Mr. Parrott moved the adoption of Resolution No. 32308-121994. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Bowles, Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers----~ ......................................... 7. NAYS: None ...................................... -0. 300 ACTION: PUBLIC WORKS-SNOW REMOVAL-EQUIPMENT: The City Manager submitted a written report recommending that Council accept the bid submitted by AKZO Salt, Inc., to fumish and deliver 1,000 tons, more or less, of deicing salt, at a cost of $45.85 per ton; and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency ordinance: (#32309-121994) AN ORDINANCE accepting the bid of AKZO Salt, Inc., made to the City for fumishing and delivering 1,000 tons of deicing salt, and rejecting all other bids made to the City. (For full text of Ordinance, see Ordinance Book No. 56, page 565.) Mrs. Bowies moved the adoption of Ordinance No. 32309-121994. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowies, Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ................................... 7. NAYS: None ...................................................... -0. Mr. White inquired if there were attempts to purchase the City's supply of deicing salt through the State contract; whereupon, the Manager of General Services advised that he was not aware of a State contract for deicing salt, however, he inquire about the State's policy and advise Council accordingly. Mr. Whits also inquired as to the number of tons of deicing salt used by the City last year for snow and ice removal; whereupon, the Manager of General Services advised that he would provide Council with the requested information. CITY JAIL: The City Manager submitted a written report advising that Council approved a contract with J. M. Turner and Co., Inc., at its September 26, 1994 meeting for construction of the Roanoke City Jail Annex, in the amount of $7,253,089.00; and contract documents indicate installation of certain piping in the access road between the Jail and the DatsSafe building. 301 It was explained that the first floor elevation of the present jail ia I 5' 8 3/4" lower than the elevation .of the adjoining DataSafe building which is being remodeled for the jail annex; that the kitchen storage room will be expanded into the area presently occupied by a service road between the existing jail and the former DataSafe building; that water, sewage and storm drain lines under the service road will be severed by the construction of the kitchen storage room, and the utilities can be relocated under the floor of the former DataSafe building due to the difference in elevations abovedascribed. The City Manager advised that by relocating the storm drain piping from between the two st~ucturas to an alignment below the floor of the DataSafe building, which is 5' 8 3/4" above the jail floor, will permit drainage from the alley to the existing storm water system in Campbell Avenue. The City Manager recommended that he be authorized to execute Change Order No. 1, in a fo,,,, to be approved by the City Attorney, with J. M. Turner and Co., Inc., in the amount of $21,114.00 and no additional consecutive calendar days construction time. (For full text, see report on file in the City Clerk's Office.) I Mr. Parrott offered the following emergency ordinance: (ft32310-121994) AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with J. M. Turner and Co., Inc., in connection with the Roanoke City Jail Annex; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 566.) ACTION: Mr. Panott moved the adoption of Ordinance No. 32310-121994. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowies, Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ........................................... 7. NAYS: None ......... ---0. 302 ACTION: CITY S.H. ERIFF-LEASES-EQUIPMENT: The City Ma.nager submitted a written report advising that in order to perform ass,gned · dutie~ and rssponsibilitiss, the Sheriff needs vehicular equipment; and two vehicles are in need of replacement due to high mileage and increased maintenance cost; whereupon the City Manager recommended that Council concur in the following actions: Accept the bid submitted by Ford Motor Credit Co., for a period of 48 months, at a cost of $430.38 per unit, for lease/purchsse of two new automobiles. Authorize the appropriate City officials to enter into the equipment lesse-purchsse agreement with the lessor, including the provision for indemnification of lessor. Authorize the City Attorney to issue the opinion of counsel requested by the lessor in regard to the tax.exempt status of interest payments to be made to the lessor and to take other actions deemed necessary in order to comply with the conditions of such opinion of counsel. (For full text, ~ee report on file in the City Clerk's Office.) Mr. White offered the following resolution: I (#32311-121994) A RESOLUTION providing for lease-purchase of two new automobiles for use by the Sheriff's Department, upon certain terms and conditions, by accepting a bid made to the City for the leass-purchsse of such vehicles; and authorizing execution of a lease-purchsse agreement and an opinion of counsel concerning the tax-exempt status of the interest payments to lessor. (For full text of Resolution, see Resolution Book No. 56, page 567.) Mr. White moved the adoption of Resolution No. 32311-121994. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, Edwards, McCadden, Parroff, White, iNyatt and Mayor Bowers .................................... 7. NAYS: None 303 C AND P TELEPHONE COMPANY-TELEPHONE EQUIPMENT- I EQUIPMENT-SCHOOLS: The City Manager submitted a written report advising that few new telephone purchases have been made in recent years; that required purchases (school refurbishment, etc.) have been handled by one-time bide on a sits per site basle; that there exists a need to have s contract in place from which modem telephone equipment can be ordered; that an opportunity exists to rnodemize City and School telephones; that in 1993, Council approved the purchase of installed, leased telephones for $199,000.00, thus terminating annual lease costs of $312,000.00; that as a result, funds are available each year to update the oldest telephone equipment; that most of the City's telephones do not have speakers, conferencing, speed dial, radial, caller ID and other features which successful businesses uss to enhance customer service; and normal procurement guidelines apply for the purchase of new telephone equipment. It was further advised that the need exists for a long-term contract for the purchase of City telephone equipment; that recurring needs for the purchase of. telephones a. re driven by school refurbishments, office relocat,ons and organ,zational changes; that advantages of a long-term contract include lower prices due to competition and volume purchases, administrative economies, I efficiencies in maintaining a single product line and ready availability of new telephones; and after due and proper advertisement, seven vendors responded to the City's advertisement for bids, representing three types of telephone technologies, as more specifically detailed in the City Manager's report. The City Manager recommended that he be authorized to execute the necessarj document, to be approved by the City Attorney, for a contract with Bell Atlantic for the purchase of ISDN telephone equipment over the next three years. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: 3O4 ACTION: (f/32312-121994) A RESOLUTION accepting the bid of Bell Atlantic for providing certain telephone equipment, upon cert~, i.n te~ and conditions, and awarding a contract therefor; authonzmg the proper City officials to execute the requisite contract; and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 56, page 568.) Ms. Wyaft moved the adoption of Resolution No. 32312-121994. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, Edwards, McCadden, Parrott, White, INyatt and Mayor Bowers .................. -7. NAYS: None BUDGET-F'OUCE DEPARTMENT-TRAFFIC-DRUGS/SUBSTANCE ABUSE-GRANTS: The City Manager submitted a written report advising that the State Transportation Safety Board awards state grants for districts throughout Virginia for enhancement of selective Driving Under the Influence (DUI) enforcement efforts; that the Board awarded $30,000..00 to the City of Roanoke during fiscal year 1993-94 fo.r. this purpose, that application for a grant to be renewed for the C,ty of Roanoke is based on the necessity to continue to raise DUI arrests to a level that will positively impact the total number of alcohol-related crashes and fatalities; that funds received may be used only as stated in the application for DUI ,~nforcemant; and the agency requesting the grant funds must agree to provide items and equipment necessary to cany out selective enforcement. It was explained that the State Transportation Safety Board approved Roanoke's application for grant continuation from October 1, 1994 to September 30, 1995, in the amount of $19,500.00 on October 1, 1994; and Council was briefed on Selective DUI enforcement at its regular meeting on December 20, 1993. The City Manager recommended that Council accept the grant from the State Transportation Safety Board and that he be authorized to execute, on behalf of the City, any grant or other documentation required by the State Transportation Safety Board; and appropriate 305 ACTION: ACTION: $19,500.00 of selective DUI enforcement grant funds to revenue and expenditure accounts to be established by the Director of Finance in the Grant Fund. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following emergency budget ordinance: (#32313-121994) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 55, page 569.) Mr. Edwards moved the adoption of Ordinance No. 32313-121994. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Bowies, Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ....................................... 7. NAYS: None Mr. Edwards offered the following resolution: (#32314-121994) A RESOLUTION accepting a certain Driving Under the Influence Enforcement Grant offer made to the City by the State Transportation Safety Board and authorizing execution of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 56, page 570.) Mr. Edwards moved the adoption of Resolution No. 32314- 121994. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowies, Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers .................................... 7. NAYS: None 306 HEALTH DEPARTM. ENT-HUMAN DEVELOPMENT: The City Manager submitted a written report advising that ~ ¥1r01nla. Chapter 1, Article 5, Paragraph 32.1-31, "Operation of local health department under contract with Board; district health departments," states (in part), u follows: "A governing body of a City may enter into a contract with the Board for the operation of the local health department in such City. The contract between the City and the Board shall specify the services to be provided in addition to the servi, c.es required by law and shall .contain other prov,s~ons as the Board and the govern,ng body may agree upon." It was explained that a local commitment statement was used in previous years to certify that Council appropriated a given amount for support of the Roanoke City Health Department; and the contract establishes that legal defense with respect to services performed pursuant to local ordinance, enabling legislation set out in Title 15.1 of the Code of Virginia and other services set out in the contract will be provided by the City Attomey, which will impose an additional burden on the City ATomey'e Office.. I The C,ty Manager adwsed that a contract between the Commonwealth of Virginia and the City of Roanoke is necessary for proper billing to localities for health and environmental services, with the 1994-95 Health Department budget being based on approved funding as follows: State Local Match $1,562,604.00 1,057,456.00 It was explained that the local required match amount of $1,057,456.00 (40.36 per cent of total cooperative budget) was included in the fiscal year 1994-95 resource allocation plan adopted by Council on May 17, 1994; and services included in the contract are as follows: Communicable Disease Services Child Health Services 3O7 Matemal Health Sewices Family Planning Services Environmental Health Services Management and Support Services Dental Health Services Specialty Clinic Services Other Public Health Services - including medicaid nursing home screening Public Health Services provided under local ordinance - including insect control, rodent control, swimming facilities and grocery store delicatessens. The City Manager recommended that he, or his designee, be authorized.to execute a contract, approved as to form by the City I Attorney, with the Department of Health, as provided for in the Vi.rginla Health Laws of Virginia. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following resolution: (ft32315-121994) A RESOLUTION authorizing the City Manager, or his designee, to enter into a contract with the Virginia Department of Health relating to the operation of the local Health Department, upon certain te,,,M and conditions. (For full text of Resolution, see Resolution Book No. $6, page 571.) ACTION: Mr. Edwards moved the adoption of Resolution No. 32315- 121994. The motion was seconded by Mr. McCadden and adopted by the following vote: 308 ACTION: ACTION: AYES: Council Members Bowles, Edwa_.~s, McCa_d..d..e_n, .P. arr~o~, Wltite, Wyatt and Mayor Bowers ............................. - ......... 7. I NAYS: None ................................ -0. PURCHASE/SALE OF PROPERTY-COUNCIL: An oral request of the City Manager that Council meet in Executive Session to discuss a matter with regard to acquisition of real property for public purpose, specifically the terms and conditions of a lease of property to be occupied by City departments, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to acquisition of real property for public purpose, specifically the terms and conditions of a lease of property to be occupied by City depaa;,,~nts, pursuant to Section ?.1-344 (AX3), Code of Virginia (1950), as amended. The motion was seconded by Mrs. Bowles and adopted by the following vote: · AYES: Council Members Bowles, Edwards, McCadden, Parrott, INh,te, Wyatt and Mayor Bowers ......................................... 7. NAYS: None ............................................ -0. DIRECTOR OF FINANCE: BUDGET-DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of November 1994. (For full text, see financial report on file in the City Clerk's Office.) Mr. White moved that the financial report be received and filed. The motion was seconded by Mr. McCadden and unanimously adopted. 309 ACTION: REPORTS OF COMMITTEES: SEWERS AND STORM DRAINS-CITY PROPERTY-WATER RESOURCES: Council Member Elizabeth T. Bowles, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to abandonment of sanitsr/sewer easements across certain properties in connection with the Williamson Road Sto,-,~ Drain Project. A staff report explained that Willlamson Road Storm Drain project easements were, whenever possible, used to accommodate both storm drain and sanitary sewer lines; that the new sewer line is in place and portions of the old sewer line have been abandoned; that vacation of the easements for unused portions of sewer line for three lots on Compton Street has been requested by the property owner; that an abandoned sewer line on adjacent lots is also recommended to be included in the vacation of the easements, which sewer easements must be vacated by Council; and parcels involved include Officiai Tax Nos. 3071003, 3071005, and 3071008 through 3071019, inclusive. The Water Resources Committee recommended that Council authorize abandonment of the old sewer line and vacation of existing sanitary sewer easements no longer needed. (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowies moved that the following ordinance be placed upon its first reading: (~f32316) AN ORDINANCE authorizing the vacation of portions of sanitary sewer easements across properties identified by Roanoke City Tax Nos. 3071003, 3071005, and 3071008 through 3071019, inclusive, in connecaon with the Williamson Road Storm Drain Project, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 57, page 1.) The motion was seconded by Mr. McCadden and adopted by the following vote: 310 AYES: Council Members Bowles, Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ...... _ ...... 7. NAYS: None ..... BUDGET-PURCHASE/SALE OF PROPERTY-CITY EMPLOYEES- WATER RESOURCES: Council Member Elizabeth T. Bowles, Chairperson of the Water Resourcss Committee, presented a written report on behalf of the Committee, with regard to acquisition of property located at 515 Church Avenue, S. W., in connection with the City's Employee Parking Program. A staff report explained that in September 1994, a plan was developed to address a City employee parking recommendation; that $100,000.00 was designated in Contingency Employee Parking Initiatives, Account No. 001-002-9410-2246, to provide for the beginning implementation of the parking plan; that a house and lot, located at 515 Church Avenue, S. W., has been identified as a possible site for acquisition to implement Phase I of the parking project; that the house has been damaged by fire and will have to be demolished; that the property owner has offered to sell the property to the City for $10,000.00; that the property has been reviewed by the Director of Real Estate Valuation and $10,000.00 has been determined to be. a fair price; I and funding currendy approved for the employee park,rig program needs to be transferred to a capital fund account. The Water Resources Committee recommended that Council transfer $100,000.00 from Contingency Employee Parking Initiatives, Account No. 001-002-9410-2246, to a Capital Projects Fund account to be established by the Director of Finance to be used to purchase the abovedescribed property, raze the building, grade the lot and make future acquisitions as approved by Council. (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (t/32317-121994) AN ORDINANCE to amend and reordain certain sections of the 1994-95 General and Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 572.) 311 i ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32317-121994. The motion wes seconded by Mr. McCedden and adopted by the following vote: AYES: Council Members Bowles, Edwards, McCedden, Parrott, White, Wyatt and Mayor Bowers ....................... 7. NAYS: Non: Mrs. Bowies offered the following emergency ordinance: (#32318-121994) AN ORDINANCE providing for the acquisition of real estate commonly known es 515 Church Avenue end identified by Roanoke City Tax Map No. 1113410, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 86, page 573.) ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32318-121994. The motion was seconded by Mr. McCadden and adopted by the following vote: I AYES: Council Members Bowles, Edwards, McCsdden, Parrott, White,' Wyatt and Mayor Bowers .............7. NAYS: None ....................... -0. PARKS AND RECREATION-NEIGHBORHOOD ORGANIZATIONS- SPECIAL PERMITS-LEASES-WATER RESOURCES: Council Member Elizabeth T. Bowies, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to renewal of a lease agreement between the City and Old Southwest, Inc., for a certain City-owned structure known as the Alexander-Gish House located at 641 Walnut Avenue, S. W. A staff report explained that the original lease with the Old Southwest Neighborhood Alliance was authorized on December 10, 1979, pursuant to Ordinance No. 34929; that lease assignment from the Alliance to the Old Southwest Neighborhood Foundation, Inc., was made in 1981; that lease has been extended for two additional five-year periods, pursuant to Ordinance No. 27521, adopted April 22, 1985 and Ordinance No. 29874-121189, adopted December 11, 1989; that Old 312 ACTION: Southwest, Inc., is the current name of the former Old Southwest Neighborhood Foundation, Inc.; and inasmuch ss the lease will expire · on December 31, 1994, Old Southw~t, Inc., has requested an extension of the lease for a term of five yeer~, from January 1, 1995 through December 31, 1999, at a lease fee of $1.00 per year. The Water Resources Committee recommended that Council authorize the appropriate City officials to execute a lease agreement, in a form to be approved by the City Attorney, for the Alexander-Gish House, for a five-year term ;f<,m January 1, 1995 through December 31, 1999, at a lease fee of $1.00 per year. (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: (#32319) AN ORDINANCE authorizing the renewal of a lease agreement between the City and Old Southwest, Inc., of a certain City- owned structure known as the Alexander-Giah House, located in Highland Park, together with an outbuilding and parking lot, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 97, page 1.) The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ....................... 7. NAYS: None------: .......................... 4). SEWERS AND STORM DRAINS-SPECIAL PERMITS-WATER RESOURCES-STREETS AND ALLEYS: Council Member Elizabeth T. Bowles, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to authorization of a revocable permit to enable construction and maintenance of a private pressurized sewer line in the public right-of-way of Belle Aire Circle, S. W. 313 A staff report explained that a single family home is being i cons~ by Hunter H. Burrow on Belle Aim Circle; that water service is ava,lable from a water line existing in the street in front of the lot; that sewer service is not available under normal conditions pertaining to the extension of sewer service; that the location of the proposed home is several feet lower in elevation than that of the current terminus of the existing public gravity sewer lines in Belle Aire Circle and Crastmoor Drive; that a private praseurized sewer line is needed to transmit sewage from the proposed home to the existing manhole on the end of the line in Belle Aire Circle; that s construction pe,,,,it was issued to the contractor assurance that a private easement for the private sewer line would be provided to Ms. Burrow across the lot located at 4307 Belle Aire Circle, however, the property owner reversed his decision on the day of closing for the easement; and a revocable permit to encroach in the public right-of-way is necessary in order to provide public sanitary sewer service as requested. The Water Resources Committee recommended that Council authorize a revocable permit to Hunter H. Burrow, her successor and assigns to the house on Belle Aire Circle, providing those successor(s) and assign(s) agree to the following conditions, and providing that City Engineers approve design of the private pressurized sewer line to be constructed in the permit area: · construction cost will be at applicant's expense · maintenance cost will be at applicant's expense · relocation cost, if required, will be at applicant's expense repair cost, including cost of repairs to the City street, regardless of the cause, will be at applicant's expense standard connection fees and pe,¥,~;ts will apply to applicant public indemnification liability insurance naming the City as co-insured up to a $500,000.00 limit will be provided by applicant at her expense and remain in full force and effect during the life of the encroachment (For full text, see reports on file in the City Clerk's Office.) 314 ACTION: ACTION: Mrs. Bowles moved that the following ordinance be placed upon its first reading: (#32320) AN ORDINANCE granting a conditional permit for a private pressurized aewer line, encroaching over and into the right-of- way of Belle Aim Circle, S. W., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 57, page 2.) The motion was seconded by Mr. McCedden and adopted by the following vote: AYES: Council Members Bowles, Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers .................................... 7. NAYS: None .................................................. -0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 32294 rezoning a parcel of land located at 3904 Virginia Avenue, N. W., identified as Official Tax No. 2761409, from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, having previously been before the Council for its first reading on Monday, December 12, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. Parrott offering the following for its second reading and final adoption: (~/32204-121904) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 276, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 56, page 547.) Mr. Parrott moved the adoption of Ordinance No. 32204-121994. The motion was seconded by Mrs. Bowles and adopted by the following vote: 315 i AYES: Council Members Bowles, Edwards, McCedden, Perrott, White, Wyatt and Mayor Bowers ....... 7. NAYS: None .... 0. ZONING: Ordinance No. 32296 rezoning s parcel of lend located in the 2900 block of Eppariy Avenue, N. W., containing .8 acre, more or less, described as Lots 19 - 21, inclusive, Block 1, Map of Epperty Court, Official Tax Nos. 2160612 - 2160614, inclusive, from RS-3, Residential Single Family District, to RM-2, Residential Multi-femily, Medium Density District, subject to certain conditions proffered by the petitioner, having previously been before the Council for its first reading on Mondey, December 12, 1994, read and edopted on its first reading and laid over, was again before the body, Mr. Parrott offering the following for its second reading and finel adoption: (~f32295-121994) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 216, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see O .rd. inance Book No. 56, page 549.) i ACTION: Mr. Parrott moved the adopt;on of Ordinance No. 32295-121994. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ....................... 7. NAYS: None ................................................. 4). MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTS OF ACKNOWLEDGEMENT-CITY GOVERNMENT: Mr. White advised that recently he read an article in USA Today in which citizens from across the countw were asked to rank their level of confidence in public officials and in the financial management of their locality. He stated that most of the individuals surveyed said they did not have 316 .confidence in their local government, but an individual who was ~nterviewed from the Roanoke Valley said that she had confidence in her local government, and she felt that local government was doing good job managing financial affairs. He noted that he called the individual in question and expressed appreciation on behalf of the City of Roanoke. DONATIONS/CONTRIBUTIONS-UNITED WAY-CITY EMPLOYEES- ACTS OF ACKNOWLEDGEMENT: Vice-Mayor Edwards advised that the City's United Way Campaign has been successful and tho efforts of City employees should be commended, with particular appreciation expressed to Glenn D. Radcliffe, Director of Human Development, for his leadership in coordinating the City's Campaign which has far exceeded the goal for 1994. LEGISLATION-SCHOOLS: Vice-Mayor Edwards called attention to the issue of charter schools, advising that when the matter was discussed by the Council's Legislative Affairs Committee, there were inquiries about charter schools and the school representative was asked a series of questions. He further advised that he recently read a newspaper article in which it was stated that the Chairperson of the Roanoke C. ity School Board has had second thoughts about the charter scho.ols ,?sue, and it appears that the matter needs further · cons,deretion by the School Board. Mr. Edwards moved that the issue of charter schools be referred beck to the Roanoke City School Board, through the City Attorney, for further clarification and report to Council. The motion was seconded by Ms. Wyatt and adopted. OTHER HEARINGS OF CITIZENS: HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH- TRAFFIC: Mr. Haskins M. Sclater, 2723 Crystal Spdng Avenue, S. W., inquired as to why the City would suggest that traffic be directed down Salem Avenue, S. W., which will not provide a view of the Hotel Roanoke, when the best location to see the Hotel is from the Norfolk Avenue side. He stated that Salem Avenue traffic will place the spotlight on the First Union Tower and not on the Hotel, and it appears that Council is paying more attention to the City Manager than to the wishes of the citizens of Roanoke. 317 COUNCIL-MUNICIPAL BUILDING-EQUIPMENT: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared before Council and sp.o. ks. in support of purchasing state-of, the.art voting equipment and a timing device for City Council meetings, as well as installation of carpet in the Council Chamber. Without objection by Council, the Mayor advised that the remarks of Ms. Bethel would be referred to the City Manager. At 12:20 p.m., the Mayor declared the meeting in recess. At 1:30 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Parrott. ACTION: COUNCIL: With respect to the Executive Session just concluded, Ms. Wyatt moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened i were heard, discussed or considered by City Council. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Bowles, Edwards, McCadden, White, Wyatt and Mayor Bowers .......................... -6. NAYS: None (Council Member Parrott was absent.) OATHS OF OFFICE-COMMI'I-I'EES-MENTAL HEALTH SERVICES- BLUE RIDGE COMMUNITY SERViCES: The Mayor advised that the three year term of Ann J. Francis as the City's representative to the Blue Ridge Community Services Board of Directors will expire on December 31, 1994, and called for nominations to fill the vacancy. Mr. Edwards placed in nomination the name of Ann J. Francis. 318 ACTION: ACTION: ACTION: There being no further nominations, Ms. Francis was reelected as the Ci?s representative to the Blue Ridge Community Services I Board of D, rectore, for a term of three years ending December 31, 1997, by the following vote: FOR MS. FRANCIS: Council Members Bowies, Edwards, McCadden, INhite, INyatt and Mayor Bowers ....... -6. (Council Member Parrott was absenL) OATHS OF ~FFICE-COM MI.T?EES-ROANOKE VALLEY RESOURCE AUTHORiTY. The Mayor adv,sed that the three year term of Kit B. Kiser as a member of the Board of Directors of the Roanoke Valley Resource Authority will expire on December 31, 1994, and called for nominations to fill the vacancy. Mr. Edwards placed in nomination the name of Kit B. Kiser. There being no further nominations, Kit B. Kiser wes reelected as a member of the Board of Directors of the Roanoke Valley Resource Authority, for a term of three years ending December 31, 1997, by the following vote: FOR MR. KISER: Council Members Bowies, Edwards, McCadden, I White, Wyatt and Mayor Bowers ......................................... -6. (Council Member Parrott was absent.) Inasmuch as Mr. Kiesr is not a resident of the City of Roanoke, Mr. Edwards moved that the City residency requirement for persons serving on authorities, beards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Mre. Bowies and adopted. 319 There being no further business, the Mayor declared the meeting adjoumed I at 1:35 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 320 ROANOKE CITY COUNCIL ...... PLANNING WORKSHOP January 5 - 7, 1995 I The Council of the City of Roanoke held · Planning Workshop on January 5 - 7, 1995, at the Federal Executive Institute, 1301 Emmett Street, Charlottesville, Virginia, commencing at 7:30 p.m., on Thursday, January $, 1995. PRESENT: Council Members Elizabeth T. Bowles, John S. Edwards, Delvis O. McCadden, John H. Parrott, William White, Sr., and Linde F. Wyatt---6. ABSENT: Mayor David A. Bowers OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attomey; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. OTHERS PRESENT: William F. Clark, Director of Public Works; Kit B. Kiser, Director of Utilities and Operations; Glenn D. Radcliffe, Director of Human Development; George C. Snead, Jr., Director of Public Safety; Dr. Robert E. Mats. on, Professor and Director for Leadership Development, University of Virginia; and Dan Casey, Reporter, The Roanoke Times & World News. [] I COUNCIL: Following a 5:00 p.m., social and dinner, Dr. Matson opened the workshop in the Thomas Jefferson Room by reviewing matters to be discussed during the course of the sessions, the first being a socialization exercise focusing on Council Members on Thursday evening, the Myers-Brlggs Personality Indicator on Friday moming, to be followed by an exercise and discussion on Friday afternoon, Friday night and a portion of Saturday moming with regard to goal setting, both short and long term. At 7:45 p.m., staff was excused from the session, and Council Members participated in a socialization exercise which was composed of background information, life experiences and why they chose to seek public office, with Dr. Matson facilitating. At 10:00 p.m., the Vice-Mayor declared the workshop in recess until 8:15 a.m., on Friday, January 6, 1995. At 8:15 a.m., on Friday, January 6, 1995, the workshop reconvened in the Thomas Jefferson Room of the Federal Executive Institute, with all persons listed on page one in attendance. 321 Council Members reviewed the session on Thur~l.. ay evening, advising that I it would have been advantageous.for staff to have part,cipate.d, in the discuss!on relative to such matters as fam,ly background, the motivation to accomphsh certain things in their lives, how they came to be Members of City Council, and their diverse opinions and common bonds. Dr. Mataon then presented his obsewations with regard to the Thursday evening session. Council Members were previously requested to complete their Myers-Briggs Personality Indicator types for compilation before the workshop; whereupon, Dr. Matson provided each Member of Council with their test results. He then presented a history of the Myers-Briggs test thereby setting the tone for the Friday morning workshop which consisted of a review of the various personality types. Participants were provided with copy of a book entitled, "Please Understand Me - Character and Temoerament Tvpes," written by David Keirsey and Marilyn Bates. Dr. Mataon then requested that each participant read the summary of their individual personality type, followed by a summary of their exact opposite personality type. Following the reading exercise, the Vice-Mayor declared the meeting in recess at 12:00 noon. The workshop reconvened at 1:30 p.m., in the Thomas Jefferson Room of the Federal Executive Institute, with all parsons listed on page one in attendance. Dr. Mataon continued his analyzation of the various personality types as outlined in the Myers-Briggs Personality Indicator, followed by the viewing of a ten-minute video entitled, "The Power of Vision," by Joel Arthur Barker. There was discussion with regard to the four characteristics of a vision community; viz: (1) leader initiated, (2) shared and supported, (3) comprehensible and detailed and (4) positive/inspiring. Dr. Matson then engaged the group in a brainstorming exercise in regard to short term and long term needs of the City and requested that participants break out in groups of five - six persons to discuss the City's near term and long term needs. As a result of the discussions of individual groups, the following ideas were presented by group leaders: 322 Vision Statement Education of inmates incarcerated in the Roanoke City Jail Hotel Roanoke and Conference Center opening and funding for first 18 months/financing Educating the public on why City Council makes certain decisions Identifying resources to accomplish plans/services/financial matters Council's budget priorities/ expectations for the coming year Lona Term Needs Five-ten year strategic plan (what do B we want the City to be) Different ways of delivering services (rainventing/raorganization) Regional cooperation/improved transportation access to Smith Mountain Lake Develop definite plan to increase taxes in a way that is acceptable to the public Right-sizing services Housing diversity Budget adjustments due to State/ Federal actions Decrease in paper work Decision on a modified ward system Changing educational opportunities (match educational opportunities with jobs in the Valley) · Inter-governmental relationships in the Roanoke Valley Tie services provided by the City to fees Technology Develop small business incubator Appropriate utilization of Norfolk Southern building/passenger station Indoor athletic field house/Victory Stadium Council meeting times to better utilize Council and staff time Privatization of certain services Expansion of Office on Youth/truancy Economic development to help businesses locate and stay in Roanoke/shell building Council's articulation of the values and principles on how the City does business (how we treat people internally and externally) Neighborhood service delivery Improved process of developing decentralization legislative agenda 323 Near Term Needs ~ I Central events coordination/ Parking at Roanoke Civic Center promotion/development Development of a Trade and Convention Center Implement Capital Improvements Program Review process for funding of social service agencies Citizens Committee for Arte/cultural funding Shell building Economic/cultural development in downtown Roanoke (Sister Cities) Tie Sister City program into linear park by including shops to purchase goods representative of those countries (Wonju, Kisumu, Pskov and Florianopolis) One per cent of the City budget to be reserved for the arts *1 Continuing education/business partnerships Four year college/career center Continue to increase opportunities for women/minorities to participate in City business 1-73 issue Greenways Flood Control Smart Road/Blacksburg Access Road Underground utility lines Quality education system (innovative/creative) 324 Poverty I Urban Summit TouHsm Ridgeline protection At 4:50 p.m., the Vice-Mayor declared the workshop in recess, with the understanding that the session would reconvene at 7:30 p.m. At 7:30 p.m., the workshop reconvened in the Thomas Jefferson Room of the Federal Executive Institute, with all participants as noted on page one in attendance. Dr. Matson advised that all items listed by participants for near term and long term needs could fall under one of the following categories: Improved Administrative/Finance/Budget Government Structure Services Education Downtown Arts/Culture/Recreation Transportation Environment Council Miscellaneous Dr. Matson then requested that participants break out in small groups and rank the various ideas abovelisted in the order of their importance to the city. A compilation of ideas, in order of importance as reported by group leaders, is as follows: A. Imoroved AdministrativelFinancelBudaet 2. 3. 4. Budget adjustments required by State/Federel actions Council's priorities/expectations Hotel Roanoke opening/financing Identify resources to accomplish ' - servlcss financial plan 325 i S. Continuing opportunities for women/minoritiss and local I.a. bor to participate- '"in City business 6. T,e servicss to fees 7. Implement CIP 8. Technology 9. Reduce paper work B. Government Structure Urban Summit Intergovernmental relationships Modified Ward System (decision) C. Services I Right-sizing Improve service delivery: reinventing/reorganization Poverty Privatization Expand Office on Youth/truancy Housing diversity Self-contained neighborhoods/decentralization D. Education 2. 3. 4. Quality Education System - Innovative/Creative Education/business partnership Education of inmates Four-year college/career center Downtown 2. 3. 4. Utilization of Norfolk Southem properties Parking at Roanoke Civic Center Trade and Convention Center Sister Cities economic link - shops with international products 1. Central Events Coordination/Promotion/Development 2. Indoor athletic field house/Victory Stadium i 3. One per cent for the arts F. Arts - Culture/Recreation 326 Tie {1~i Vote {2. Smart Road 1-73 Improved access to Smith Mountain Lake H. Environment Flood control Graenwaya Ridgeline protection I. Council 2. 3. 4. $. 6. 7. 8. 9. Vision statement Five-ten year plan (what we want the City to become) Acceptable plan for increasing revenue Council's articulation of how the City does business Review process for funding social service agencies Letting the public know why Council's decisions ara made Citizens Committee for the Arts/cultural funding Improved process for developing legislative agenda Council meeting times M. Miscellaneous Economic development - new strategies Small business incubators Tourism Shell building Underground utilities At 9:00 p.m., the Vice-Mayor declared the meeting in racess until 8:30 a.m., on Saturday, January 7, 1995. On Saturday, January 7, 1998, the workshop reconvened in the Thomas Jefferson Room of the Federal Executive Institute, at 8:30 a.m., with all persons listed on page one in attendance. As a follow-up to the Friday evening session on prioritizing near term and long term needs of the City, Council Members discussed those ideas that were ranked number one under each category, i.e.: 327 Budget adjustments required by State/Federal actions I Urban Summit Right*sizing Quality education system - innovative/creative Utilization of Nmfolk Southern properties Central events coordination/promotion/development Smart Road Flood control Vision statement Economic development - new strategies There was discussion in regard to the following matters: Tax rates A decrease in funds from the State and Federal govemmenta to local governments Services funded by the City of Roanoke that other Roanoke Valley governments do not provide or offer Urban Summit The need to take action to keep current businesses from relocating to other areas Developable sites within the City's boundaries Too many restricaons on developers/businesses by the City Planning Commission/Department Shortfall in funding from the State to address educational matters A better definition of quality education for Roanoke City School students Educational mandates without funding Approximately 80 per cent of the school budget is in fixed costs 328 The City should be thinking about what it wants to do with the Norfolk Southem property in downtown Roanoke if and when the property is donated to the City Continued support for the Smart Road/Blacksburg Access Road Infommtion to be reported to Council within the next 60 days on flood control The need to educate citizens on the potential budget shortfall as a result of the Governor's proposed budget amendments and the effect on the City's programs and services, and Direction from Council to City staff in regard to right- sizing. At 10:10 a.m., the Vice. Mayor declared the workshop in recess. At 10:30 a.m., the workshop reconvened in the Thomas Jefferson Room of the Federal Executive Institute, with all persons listed on page one in attendance. There was discussion with regard to the City's mission statement; whereupon, it was suggested that Council Members be furnished with a copy of the present mission statement which could be used as a guide to update and formulate a new document; whereupon, it was pointed out that the current mission statement should be based on the goals and objectives of the present Council and not on directives of past Councils. There was also discussion in regard to whether or not the City's current mission statement could be turned into a vision statement; whereupon, the City Manager inquired if Council would like to keep the process moving with another workshop to address the City's mission/vision statement. Some Council Members spoke in support of development of a vision statement prior to fiscal year 1995-96 budget study, noting that it would be wise to have the vision statement in place prior to dealing with specific budget items. Council was of the general consensus that another workshop should be held in March 1995 prior to fiscal year 1995-96 budget study sessions to address the City's vision statement. 329 Inas. m. uch as the ..Mayor was unable to attend th.e workshop, it was the I general o.p. lnl..O[t, of Council that he should be bdefed ind!vldually by the Members of Council w~th regard to the various discussions, the ,ndividual perceptions of Council Members, the strength of commitment, common bonds, etc. At 12:00 noon, the Vice-Mayor declared the workshop in recess. At 1:10 p.m., the workshop reconvened in the Thomas Jefferson Room of the Federal Executive Institute, with all persons listed on page one in attendance, with the exception of Dan Cassy. Dr. Matson ended the session by calling upon each participant to share his or her perception of the workshop, and the commonly held responsibility of each participant to make the Roanoke City Government a good working group. There being no further business, the Vice-Mayor declared the workshop adjoumed at 2:00 p.m. APPROVED ATTEST: Mary F. Parker City Clerk John S. Edwards Vice-Mayor 330 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL January 9, 1995 10:00 a.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, January 9, 1995, at 10:00 a.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, R~lar Meeting~ of Section 2-15, ~ Code of the City of Roanoke (1979), as amended. PRESENT: Council Members John S. Edwards, Delvis O. McCadden, John H. Parrott, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ........... -6. ABSENT: Council Member Elizabeth T. Bowies ........................ 1. OFFICERS PRESENT: W. Robert Herbert, City Manager;, James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. GrJsso, Director of Finance; and Mary F. Parker, City Clerk. The m. cc.~ng was opened with a prayer by The Reverend David L. Henderson, Pastor, Central Baptist Church. The Pledge of Allegiance to the Flag of the United ',~ates of America was led by Mayor Bowers. The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was de.,~ired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to three requests for Executive Sessions to discuss a matter relating to disposition of publicly held property, specifically the possible conveyance of an interest in land; to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of a loan agreement for economic development purposes; and to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council. 331 i ACTION: Mr: M.cCadden moved that Consent Agenda Item C.4, "A commun,cation, from Mayor David A. Bowers transmitting correspondence ,,urn the Manager of the Appalachian National Scenic Trail, inquiring as to whether or not the City of Roanoke would renew discussions with the Appalachian National Scenic Trail for a parrnanenfly protected corridor for the Trail across the City's watershed lands near Cawins Cove in Botetourt and Roanoke Counties" be removed from the Consent Agenda for discussion. The motion was seconded by Ma. Wyatt and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ..................... -6. NAYS: None (Council Member Bowles was absent.) MINUTES: Minutes of the regular meeting of Council held on Monday, September 12, 1994; the joint meeting of Council and the Roanoke County Board of Supervisors held on Monday, September 12, 1994; the regular meeting of Council held on Monday, September 26, i 1994; an.d the joint meeting of Council and the City Planning Commies,on held on Monday, September 26, 1994, were before the body. (For full text, see minutes on file in the City Clerk's Office.) ACTION: Mr. McCadden moved that the reading of the minutes be dispensed with and that the minutes be approved as recorded. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ........................................... -6. NAYS: None (Council Member Bowies was absent.) 332 ACTION: COMMITTEES-COUNCIL: A communication from Mayor David A. Bowere requesUng that Council meet in Executive Session to discuss personnel mattere 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 antended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. McCadden moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers .............. ~. (Council Member Bowies was absent.) ANNEXATION/CONSOLIDATION-COUNCIL.CITY GOVERNMENT- NEWSPAPERS: A communication from Mayor David A. Bowers transmitting a newspaper article dated December 23, 1994, which appeared in the Roanoke Times & World News, in regard to the reversion of the City of South Boston to town status as of July 1, 1995, was before Council. Mayor Bowers advised that the South Boston issue and continuing news reports with regard to developments in the City of Bedford and the County of Bedford should be of great interest to the citizens of Roanoke; that while citizens of other communities in western Virginia ars interested in urban reform for the good of their respective area, the City Administration should be ever mindful of the need to continue to advise the citizens of the Roanoke community of these trends and what positive impact the trends might have in the Roanoke Valley; therefore, he requested that the City Attorney provide the Members of Council with a biief status report within 60 days of the two occurrences and what impact they might have on the Roanoke Valley. (For full text, see communication on file in the City Clerk's Office.) 333 i ACTION: Mr..M. cC~l.., den moved that the City Attorney provide the Members of Counc,I w~th a brief status report within 60 days of the two occurrences and the impact they might have on the Roanoke Valley. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ........ -6. NAYS: None (Council Member Bowles was absenL) HUMAN DEVELOPMENT-HOUSING/AUTHORITY-PLANNING- GRANTS: A communication from Mayor David A. Bowers transmitting correspondence from the United States Department of Housing and Urban Development advising that the City is eligible to receive a fiscal year 1995 consolidated formula allocation of $2,947,000.00, which is available for housing, homeless and community development purposes; and also transmitting copy of correspondence from the Richmond Field Office of the United States Department of Housing and Urban Development addressed to the Executive Directo.r o.f the City of · Roanoke Redevelopment and Housing Authority adv,s,ng that the · Hous, ng Authority has been approved for a 1994 comprehensive grant totalling $2,005,240.00, was before Council. (For full text, see communications on file in the City Clerk's Office.) ACTION: Mr. McCadden moved that the communications be received and filed. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers .................................................. -6. NAYS: None ................................................ -0. (Council Member Bowles was absent.) FIRE .DEPARTMENT-COUNCIL-EMERGENCY SERVICES: A communication from Mayor David A. Bowers advising that he has discussed the status of the Fire/EMS study with the City Manager and he has urged the City Manager to bring his recommendation forward in a timely manner inasmuch as it behooves the Members of Council to 334 ACTION: consider bringing these two departments together if it can produce better response time and better delivery of service, was before the body. Accordingly, the Mayor requested that the issue of merger of the City's Fire and Rescue Departments be referred to 1995 budget study for further consideration by Council. (For full text, see communication on file in the City Clerk's Office.) Mr. McCadden moved that the matter be referred to fiscal year 1995-96 budget study for further consideration by Council. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers .................. - ........................ -6. NAYS: Non= (Council Member Bowies was absent.) COMMITTEES-AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee held on Monday, December 19, t994, were before Council. The Audit Committee addressed the following items: KPMG Peat Marwick June 30, 1994 Final Reports in connection with Evaluation of Municipal Audit Department, Letter of Recommendation on Procedures and Controls, Comparative Report Transmittal Forms, City Report to the Audit Committee, School Board Report to the Audit Committee, and Letter to the Pension Committee. Roanoke City School Board Component Unit Financial Report - June 30, 1994 Auditor of Public Accounts - June 30, 1994 City of Roanoke Juvenile and Domestic Relations Court Internal Audits relating to the Meter Shop, Expenditure Transactions and Personnel I 335 Schedule future Audit.Committee meetings to be held at 9:00 a.m., on the follomng dates: March 13, 1995, June 12, 1995, September 11, 1995 and December 11, 1995. (For full text, see minutes on file in the City Clerk's Office.) ACTION: Mr. McCadden moved that the minutes be received and filed. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, Wttite, Wyatt and Mayor Bowers ................. ........ -6. NAYS: None .... (Council Member Bowles was absent.) COUNCIL.CITY PROPERTY: A report of the City Manager requesting that Council meet in Executive Session to discuss a matter with regard to disposition of publicly held property, specifically the possible conveyance of an interest in land, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. McCadden moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to disposition of publicly held property, specifically the possible conveyance of an interest in land, pursuant to Section 2.1-344 (A)(3), Code of Virginia (t950}, as amended. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, INhite, Wyatt and Mayor Bowers ....................................... -6. NAYS: None ...................................... -0. (Council Member Bowies was absent.) CITY MANAGER-COUNCIL-ECONOMIC DEVELOPMENT: A report of the City Manager requesting that Council meet in Executive Session to discuss specific legal matters requiring the provision of legal advice 336 ACTION: by counsel, being the terms and conditions of a loan agreement for economic de. veloprnent purposes, pursuant to Section 2.1-344 (AX7), Code of Virginia (1950), as amended, was before the body. i (For full text, see report on file in the City Clerk's Office.) Mr. McCedden moved that Council concur in the request of the City Manager to convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of a loan agmemant for economic development purposes, pursuant to Section 2.1-344 (AXT), Code of Virginia (1950), as amended. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Edwards, McCaddan, Parrott, White, Wyatt and Mayor Bowers ............... --6. NAYS: Nono (Council Member Bowles was absent.) BUDGET: A report of the City Manager recommending approval of the following proposed schedule for fiscal year 1995-96 budget study, was before Council. BUDGET PREPARATION ACTIVITIES April 24, 1995 Public presentation of fiscal year 1995- 96 recommended budget to City Council by the City Manager. April 24, 1995 Advertisements of public hearings on recommended budget and tax rates appear in newspapem. May 1, 1995 Public hearings on recommended budget and tax rates. May 2 - 5, 1995 City Council budget study work sessions. 337 i May8, 1995 * City Council adopts General Fund, Special Revenue Fund - Schools and Proprietary Fund budgets and approves an annual appropriation ordinance. an~or May 9 - 12, 1995 additional City Council budget study work sessione. May 15, 1995 City Council adopts General Fund, Special Revenue Fund - Schools and Proprietary Fund budgets and approves an annual appropriation ordinance. City Counc~ has the option of extending the budget study work sessions to May 9 - 12, 1995, and adopting budgets on May 15, 1995, if necessary. ACTION: (For full text, see report on file in the City Cle~'s Office.) Mr. McCadden moved that Council concur in the proposed 1995. 96 budget study schedule. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, INhite, Wyatt and Mayor Bowers .............................. -6. NAYS: None (Council Member Bowies was absent.) AUDI.T.S/FINANCIAL REPORTS-HEALTH .D. EPARTMENT: A communication from Molly L. Rutledge, M.D., Acting Health Director, transmitting the Annual Report of the Roanoke City Health Department for fiscal year 1994, was before Council. (For full text, see communication and Annual Report on file in the City Clerk's Office.) 338 ACTION: ACTION: ACTION: Mr. McCadden moved that the Annual Report be received and filed. The motion was seconded by Ms. Wyatt and adopted by the ii following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ................................. -6. NAYS: Nor= (Council Member Bowles was absenL) AUDITS/FINANCIAL REPORTS-SCHOOLS: A communication from June S. Nolley, Clerk of the Roanoke City School Board, transmitting the Schools' Comprehensive Annual Financial Report, which report will be submitted to the Government Finance Officers' Association and the Association of School Business Olficials for award of the Certificate of Excellence in Financial Reporting, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. McCadden moved that the Annual Financial Report be received and filed. The motion was seconded by Ms. Wyatt and ~ adopted by the following vote: AYES: Council Members Edwards, McCaddan, Parrott, White, Wyatt and Mayor Bowers ............................................. -6. NAYS: Nonc (Council Member Bowies was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: A report of qualification of Lu Jean Bedard as a member of the Roanoke Arts Commission, for a term ending June 30, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mr. McCadden moved that the report of qualification be received and filed. The motion was seconded by Ms. Wyatt and adopted by the following vote: 339 i AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ................ --6. NAYS: Noc= ........ - ............ --0. (Council Member Bowles was absent.) OATHS OF OFFICE-COMMITTEES-PLANNING: A report of qualification of Gilbert E. Buffer, Jr., and Melvin L. Hill as membem of the City Planning Commission, for terms ending December 31, 1998, was before Council. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) ACTION: Mr. McCaclden moved that the report of qualification be received and filed. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ................................ -6. NAYS: None ....................................... -0. I (Council Member Bowles was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE VALLEY RESOURCE AUTHORiTY-REFUSE COLLECTION: A report of qualification of Kit B. Kiser as a member of the Board of Directom of the Roanoke Valley Resource Authority, for a term ending December 31, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) ACTION: Mr. McCadden moved that the report of qualification be received and filed. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Membem Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowem ........................................ -6. NAYS: None ....................................... -0. i (Council Member Bowles was absent.) 340 ACTION: RESOURCES: A communication from Mayor David A. Bowers transmitting correspondence from Donald T. King, Acting Project Manager of the Appalachian National Scenic Trail, a division of the United States Depa~b,ent of the Interior and the National Park Service, inquiring as to whether the City of Roanoke would renew discussions with the Appalachian National Scenic Trail for a permanently protected corridor for the Trail across the City's watershed lands near Carvins Cove in Botetourt and Roanoke Counties, was before Council. The Mayor requested that the matter be referred to the City Manager for appropriate action and report to Council within 120 days. (For full text, see communication on file in the City Clerk's Office.) Mr. Edwards moved that Council concur in the recommendation of the Mayor to refer the matter to the City Manager for appropriate action, and report to Council within 120 days. The motion was seconded by Ms. Wyatt. James M. Whitney, President, Roanoke Appa!achian T.rail Club, 1910 Warrenton Road, S. W., appeared before Councd and advmsed that the Appalachian Trail is a 2,000 mile foot path that extends from Georgia to Maine; that Virginia has the most mileage of any state that the Trail passes through, with over 500 miles; and the Roanoke Appalachian Trail Club maintains 113 miles which begins near mile post 38 on the Blue Ridge Parkway extending to Bland County, as well as a popular 20 mile section that extends from Daleville where the Trail crosses Route 220 to Route 311 near Catawba offering many beautiful landmarks and a spectacular view of the Valley which is mentioned in brochures distributed by the Roanoke Valley Convention and Visitors Bureau. He referred to the foot path that is approximately three feet wide at the top of the mountain in the vicinity of Cawins's Cove which is barely wide enough for two people to pass and advised that the Roanoke Trail Club would like to secure more protection for the Trail by extending the corridor. He called attention to the flexibility of the United States Park Service in working with organizations and municipalities in regard to land arrangements, and advised that the Park Service would like to address the ccc. ds and concems of Roanoke City and to offer protection for the Appalachian Trail. Therefore, on behalf of the Roanoke Appalachian Trail Club, he offered his assistance. 341 i The motion of Mr. Edwards, seconded by Ms. Wyatt, was then adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: BUDGET-ELECTIONS: Alton B. Pdllaman, Secretary, Roanoke City Electoral Board, appeared before Council and presented a request with regard to an increase in compensation for Officers of Election. Mr. Prillaman advised that the present pay rate is: Chief Officers - $105.00 plus $15.00 for attending training class Other Officers - $70.00 plus $15.00 for attending training class He further advised that the Electoral Board requests consideration of the following increase, effective July 1, 1995: Chief Officers - $110.00 plus $20.00 for attending training class Other Officers - $75.00 plus $20.00 for attending training class Mr. Prillaman explained that the total increase is $10.00 per i officer, or approxi .mately $2,230.00 for eac. h election, in order to compensate 33 Ch,ef Officers and approximately 190 Officers of Elections. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. Parrott moved that the matter be referred to fiscal year 1995- 96 budget study and to the City Manager for report to Council. The motion was seconded by Mr. McCadden and adopted. Mr. White requested that the following information be provided to Council during 1995-96 budget study: total percentage of increase, basis for the requested increase, and rates paid by comparable Virginia localities. OTHER HEARING OF CITIZENS: None. PETITIONS AND COMMUNICATIONS: B U. DG.ET-G RANTS-CM ERP-EQUI.P. MENT-SCHOOLS: . A commumcat,on from the Roanoke C~ty School Board request, ng i approp, riation of funds to the following school accounts, was before Counc;I. 342 Grant No. 6526 - $13,457.00 for the 1994-95 Day Care Program to provide day care and infant stimulation for · infants of teen mothers while the mothers attend school at the Maternal and Infant Education Center. The Program is a first-time grant and will be reimbursed in the amount of $7,500.00 by Federal Community Development Block Grant funds with a local match of $$,967.00. Grant No. 6082 . $150,000.00 from 1994 bond issue proceeds to provide funds for architectural design fees for the completion of working drawings and bid specifications for the Jackson Middle School project. Grant No. 6083 - $188,675.00 from 1994 bond issue proceeds to provide funds for installation of computer networks in the 20 elementary schools. The School Board further requested ~e ap.propriation of $121,412.00 ,n proceeds from the 1994-95 Cap,tal Ma,nten. ance and Equ. ipment Repl.a. cement Fund,.t.o be .used to purchase ma,.ntenance · veh,cles, instruct,onal and adm,n,strat;ve computers, operational and ~.__ instructional furniture and equipment, and alteration of grounds and facilities. A report of the Director of Finance concurring in the requests of the School Board, advising that the $121,412.00 from the School portion of the Capital Maintenance and Equipment Replacement Program is the third appropriation of the School Board's fiscal year CMERP funding of $2,020,436.00, which will leave an unappropriated balance of $863,477.00, was also before Council. (For full text, see communication and report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (~32321-010995) AN ORDINANCE to amend and reordain certain sections of the 1994-95 School, General and Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 4.) I 343 i ACTION: Mr. White moved the adoption of Ordinance No. 32321-010995. The motion was seconded by Ma. Wyatt and adopted by the follo~nng-- vote: AYES: Council Members Edwards, McCaddan, Parrott, White, Wyatt and Mayor Bowers .......... ~:::~-. .......... - ......... -6. NAYS: None (Council Member Bowles was absent.) Mr. White offered the following resolution: (~32322-010995) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for installation of computer networks in the twenty elementary schools in the City and declaring the City's intent to borrow to fund or reimburse such expenditures. (For full text of Resolution, see Resolution Book No. 57, page 6.) ACTION: Mr. White moved the adoption of Resolution No. 32322-010995. 1 The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ......................................... -6. NAYS: Non= (Council Member Bowles was absent.) BONDS/BOND ISSUES-CAPITAL IMPROVEMENTS PROGRAM- SCHOOLS: A communication from the Roanoke City School Board requesting approval of a State Literary Fund loan application, in the amount of $2.5 million, for Jackson Middle School renovation, advising that the loan application includes resolutions required by the Literary Fund for a site waiver and architectural supervision; and debt service on the loan will increase the Board's debt service expenditure by $212,500.00 in fiscal year 1997-98, but no debt service liability will be incurred until funds are drawn against the loan account, was before Council. 344 ACTION: ACTION: A report of the Director of Finance recommending that Council concur in the request of the School Board, was als: before the body. I (~For full text, see communication and report on file m the Citv Clerk's office.) -' Ms. Wyatt offered the following resolution: (#32323-010995) A RESOLUTION authorizing the School Board for the City of Roanoke to make application for · loan from the State Literary Fund for modernizing Jackson Middle School. (For full text of Resolution, see Resolution Book No. 57, page 7.) Me. Wyatt moved the adoption of Resolution No. 32323-010995. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers .......................................................... -6. NAYS: None, (Council Member Bowles was absent.) Ms. Wyatt offered the following resolution: (ft32324-010995) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Jackson Middle School and declaring the City's intent to borrow to fund or reimburse such expenditures. (For full text of Resolution, see Resolution Book No. 57, page 8.) Ms. Wyatt moved the adoption of Resolution No. 32324-010995. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ............ _ ..................... NAYS: None .................................................... -0. (Council Member Bowles was absent.) I 345 REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: REFUSE COLLECTION-PUBLIC WORKS-RECYCLING: James A. McClung, Manager, Solid Waste Management, presented a briefing on the City's Recycling Program. He discussed such matters as residential curbeide recycling, Phase Ill route expansion which is underway and targeted for an eaHy 1995 implementation date, per ton costa for fiscal year 1993-94 collection and disposal, per ton costs for July 1, 1994 - December 31, 1994 collection and disposal, participation rates, recycling rates, Material Recovery Facility, Garbage Art Calendars, Central Business District Mixed Paper Program, bagged leaves, Christmas trees, bulk brush, bulk item collection, and backyard compoefing. (See briefing report on file in the City Clerk's Office.) Without object]on by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: CITY CODE-CITY EMPLOYEES: The City Manager submitted a v~ttten report advising that leave of absence for educational purposes and certain rules and regulations were questioned by Council Member White at a meeting of Council held on Monday, September 14, 1992; whereupon, he quoted provisions of Chapter 2, Section 2-45, of the Code of the City of Roanoke (1979), as amended, setting forth the criteria for a leave of absence for educational purposes. The City Manager further advised that the City Code does not set out the minimum time in service that an employee must serve before becoming eligible for a leave of absence for educational purposes; therefore, in accordance with authority granted to the City Manager to promulgate rules implementing the program, he has issued a rule that future employees must have been a full-time regular City employee for at least three years before a leave of absence for educational purposes will be considered; and allowing only one employee at a time to be granted educational leave limits departmental flexibility inasmuch as there are times when offering this benefit to more than one person would be beneficial to the City and to the employee. 346 ACTION: The City Manager recommended that Council authorize amendment to Section 2-45 of the Code of the City of Roanoke (1979), I as amended, thereby granting educational leave for two employees at any one time, conditioned upon not allowing more than one person from the same directorate to be on educational leave at the same time. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: (#32325-010995) AN ORDINANCE amending and reordaining subsection (d) of Section 2-5, Leave of absence for educational ~)uroosas, Code of the City of Roanoke (1979), as amended, to provide that as many as two City employees may be on educational leave at any given time, provided that the employees are not in the same directorate; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 9.) Mr. White moved the adoption of Ordinance No. 32325-010995. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, I Wyatt and Mayor Bowers .......................................... -6. NAYS: None (Council Member Bowles was absent.) PARKS AND RECREATION-SPECIAL PERMITS: The City Manager submitted a written report advising that the Roanoke Valley Youth Soccer Club, Inc., has conducted a variety of youth soccer tournaments in the Roanoke Valley for eight consecutive years attracting teams from Virginia and surrounding states; that the Parks and Recreation Depa,{,,.~nt has worked closely with the Roanoke Valley Youth Soccer Club, Inc., in coordinating and scheduling the use of existing facilities in an effort to advance the quality of local youth soccer programs and to enhance economic benefits dedved from the tournaments; and the Soccer Stop Indoor Classic Tournament is scheduled for Saturday and Sunday, January t4 and 15, 1995. 347 It was further advised that the City has been requested by the I Roanoke Valley Youth Soccer Club, Inc., to the sale permit .o! soccer related merchandise during one soccer tournament; that Sect,on 24-5, Concessions, of the Code of the City of Roanoke (1979), as amended, provides that only Council may award concession privileges without public advertisement and receipt of sealed bids; and the contract concessionaire deals primarily with the sale of food and beverage items at events. The City Manager recommended that Council grant concession privileges to the Roanoke Valley Youth Soccer Club, Inc., to sell soccer related merchandise at the gymnasium in the Parks and Recreation Office during one requested indoor soccer tournament to be held on January 14 and 15, 1995; and authorize the City Manager to execute a limited concession agreement with Roanoke Valley Youth Soccer Club, Inc., in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency ordinance: · (~32326-010995) AN ORDINANCE awarding concession I th.e. Va!l? Soc.c. er Club,.Inc., upon cert~, in privileges to Roanoke Youth terms and conditions; authonz, ng the execution of a limited concession agreement; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 10.) ACTION: Mr. Panott moved the adoption of Ordinance No. 32326-010995. The motion was seconded by Mr. Edwards and lost by the following vote: AYES: Council Members Edwards, INhits, Wyatt and Mayor Bowers ........................................... -4. NAYS: Council Members McCadden and Parrott ....... 2. (Council Member Bowles was absent.) (Ordinances praparad as an emergency raquira a minimum of five affirmative votes to pass.) 348 ACTION: ACTION: Later during the meeting, Mr. Edwards moved for a reconsideration of Ordinance No. 32326-010995. The motion was · seconded by Me. Wyatt and adopted. Mr. McCaddan advised that it is his policy to vote against any measure before Council if the party making the request is not representsd; however, in this specific instance since the City Manager submitted the request on behalf of the Roanoke Valley Youth Soccer Club, Inc., he would change his no vote to a yes vote. Mr. Parrott offered the following emergency ordinance: (~/32326-010995) AN ORDINANCE awarding concession privileges to the Roanoke Valley Youth Soccer Club, Inc., upon certain terms and conditions; authorizing the execution of a limited concession agreement; and providing for an emergency. Mr. Parrott moved the adoption of Ordinance No. 32326-010995. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ................................ -6. NAYS: None ........................ -0. (Council Member Bowies was absent.) BUDGET-CITY INFORMATION SYSTEMS-EQUIPMENT: The City Manager submitted a written report advising that the City Information Systems Depa,{,~nt provides data processing services and support for all City departments; that Council authorized the purchase of current equipment, i.e., Tape and Disk Storage in 1983 and Central Processing Unit (CPU) in 1987; that computer equipment currently in use was appropdats for the technology and service level at that time, the equipment has operated effectively and has provided the City with the capability to implement and enhance a large number of City services; that current equipment has limitations due to age, processing capability and an increasing number of hardware failures; and an updated and improved system will allow for new projects to be implemented in order to meet the City's data processing needs. 349 .It was explained that bid specifications were developed for the I followmg groups; and form bid from two vendors .,qu pm,nt were received, publicly opened and read in the Office of General Services on November 11, 1994: Group 1 Group 2 Group 3 Group 4 CPU Disk Storage Tape Storage Miscellaneous The City Manager recommended that Council concur in the following actions: Accept the bids submitted by International Business Machines Corporation, in the amount of $1,229,000.00, for CIS Equipment Groups I and 2, and Federal Data Corporation, in the amount of $106,600.00, for Groups 3 and 4, for a total of $1,335,600.00. Authorize the City Manager to execute the appropriate contracts to be approved as to form by the City Attorney. Appropriate $1,335,600.00 for award of the above bids from City Information Systems Prior Year Retained Earnings to CIS Equipment, Account No. 013-052-1602- 9015. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (~32327-010995) AN ORDINANCE to amend and reordain certain sections of the 1994-95 City Information Systems Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 11.) ACTION: Ms. Wyatt moved the adoption of Ordinance No. 32327-010995. The motion was seconded by Mr. McCadden and adopted by the following vote: 350 ACTION: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ........................ $. NAYS: None (Council Member Bowies was absent.) Ms. Wyatt offered the following resolution: (#32328-010995) A RESOLUTION accepting the bid of International Business Machines Corporation for the provision and installation of the central processing unit and disk storage equipment groups for use by the City Information Systems, upon certain terms and conditions, and awarding a contract therefor; accepting the bid of Federal Data Corporation for the provision and installation of the tape storage and miscellaneous equipment groups for use by the City Information Systems, upon certain terms and conditions, and awarding a contract therefor;, authorizing the proper City officials to execute the requisite contracts; and rejecting the other bids made to the City. (For full text of Resolution, see Resolution Book No. $7, page 12.) M.s: Wyatt moved the adoption of Resolution No. 32328-010995. The motmn was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ............................................... -6. NAYS: None (Council Member Bowies was absent.) BUDGET-J & D RELATIONS DISTRICT COURT-CMERP: The City Manager submitted a written report advising that the prior year General Fund Capital Maintenance and Equipment Replacement Program has identified the need for a Mobile Storage/File System for the Office of the Clerk of the Juvenile and Domestic Relations District Court, which will provide for increased storage capacity for required files; and following due and proper advertisement, one bid response was received from Spacesaver Storage Systems, Inc./Business Equipment and Systems, Inc., for a total project cost of $29,346.00. 351 · Tha City Manager recommended that Council accept the bid I subnatted by Spacesaver Storage Systems, Inc./ Busine_s~.. Equipment and Storage, Inc., to provide and install a Mobile Storage/F,le System in the Office of the Clerk of the Juvenile and Domestic Relations Distdct Court, in the amount of $29,346.00; and appropriate $29,346.00 from fiscal year 1993-94 General Fund Capital Maintenance and Equipment Replacement Program to Office of the Clerk of the Juvenile and Domestic Relations District Court, Account No. 001-078-2131-9015. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#32329-010995) AN ORDINANCE to amend and reordain certain sections of the 1994-95 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page t3.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 32329-010995. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, INyatt and Mayor Bowers ................................................ -6. NAYS: None ............................... -0. (Council Member Bowies was absent.) Mr. Parrott offered the following resolution: (#32330-010995) A RESOLUTION accepting a bid for furnishing, delivering and installing a Mobile Storage/File System in the Clerk's Office of the Juvenile and Domestic Relations District Court; and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 57, page 14.) ACTION: Mr. Parrott moved the adoption of Resolution No. 32330-010995. The motion was seconded by Ms. Wyatt and adopted by the following vote: 352 AYES: Council Members Edwards, McCadden, Psrrott, Whita, · Wyatt and Mayor Bowers .............................. -6. NAYS: None ................................. 4). (Council Member Bowles was absent.) BUDGET-POLICE DEPARTMENT-PARKS AND RECREATION-CITY JAIL-ROANOKE CIVIC CENTER-COMMUNICATIONS DEPARTMENT- UTILITY LINES SERVICES-CMERP-LIBRARIES-EMERGENCY MEDICAL SERVICES-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified operational needs for various departments, totalling $338,011.00, as more fully described in Attachment A to the report, all of which cost less than $18,000.00 per single item. The City Manager recommended that Council appropriate $338,011.00, as follows: $306,668.00 from General Fund Capital Maintenance and Equipment Replacement Program, as follows: $67,500.00 to Communications, Account No. 001-050-4130- i: 9015 · $28,800.00 to Emergency Medical Services, Account No. 0014)50-3521-9015 $33,000.00 to Police Department, Account No. 0014)50- 3113-9015 $22,000.00 to Recreation, Account No. 0014)52-7110-2035 $67,400.00 to Parks and Grounds Maintenance, Account No. 0014)62-4340-9015 $15,000.00 to Library, Account No. 0014)54-7310-2010 $72,968.00 to Jail, Account No. 0014)24-3310-2048 $20,000.00 from Civic Center Prior Year Retained Earnings Account to Civic Center, Account No. 0064)86-8600-9015 353 i $11,343.00 from Utility Li.n.e S.ewices Prior Year Retained Earnings Account to Util,ty L,nes Services, Account No. 016-056-2626-901 $ (For full text, see report on file In the City Clerk's Office.) Ms. INyatt offered the following emergency budget ordinance: (#32331-010995) AN ORDINANCE to amend and reordain certain sections of the 1994-05 General, Civic Center and Utility Line Services Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 15.) ACTION: Ms. Wyatt moved the adoption of Ordinance No. 32331-010995. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ................................................ -6. NAYS: None (Council Member Bowles was absent.) HUMAN DEVELOPMENT-GRANTS-FDETC-FIFTH PLANNING DISTRICT COMMISSION: The City Manager submitted a written report advising that the City of Roanoke has been designated as the grant recipient of funds received by the Fifth District Employment and Training Consortium under the Job Training Partnership Act; and the City acts es fiscal depository of all Consortium funds, by agreement of the localities within the Fifth Planning District, which has been designated as a service delivery area by the Governor of Virginia. It was further advised that the GovemoCs Employment and Training Depa,(,,~nt requires concurrence in agreements by the FDETC Policy Board, Private Industry Council, and the City, as depository of the funds; that the agreements, which have not changed significantly from Program Year 1993-94, clarify the roles, responsibilities, and liability of the service delivery area, which includes the FDETC Policy Board, Private Industry Council, and the City of Roanoke as grant recipient; that Contract JTPA No. 95-113-03 covers funding and obligations related to Title II for economically disadvantaged youth and adults; that Contract E-95-113-03 covers funding and obligations 354 mlatsd to Title III actlvitlee for dislocated workers, persons who have been laid off or tsrminatsd from their job through no fault of their ow.n; and authorization by Council to execute the appropdats documents ,s need. The City Manager recommended that he, or his designee, be authorized to execute certain agreements with the Governor's Employment and Training Department for Program Year 1994-95. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (~32332-010995) A RESOLUTION authorizing the execution of an agreement by and between the City, the Governor's Employment and Training Department, the Fifth District Employment and Training Consortium, and the Fifth District Employment and Training Consortium's Private Industry Council. (For full text of Resolution, see Resolution Book No. 57, page 17.) ACTION: Mr. Parrott moved the adoption of Resolution No. 32332-010995. The m. otion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ................................................ -6. NAYS: None (Council Member Bowles was absent.) DIRECTOR OF FINANCE: BUDGET-PENSIONS: The Director of Finance submitted a written report advising that on May 9, 1994, Council approved a three per cent permanent cost-of-living raise for eligible members of the City of Roanoke Pension Plan, pursuant to Ordinance No. 319814)50994; and on July 29, 1994, 969 retirees received the increase based on the following qualifications: e retired on or before June 30, 1993; 355 i · earned 120 months (10 years) of creditable service before retirement (except occupational disability); and s spousal qualifications based on above requirements for employee/retiree. It was further advised that the July 29, 1994 monthly increase in pensions for the cost-of4iving adjustment was $15,958.00, which equates to an annual amount of $191,460.00; that the total estimated cost of the increase is $1,370,000.00 based on current actuarial assumptions; and in order to partially address funding requirements of the pension increase, · one-time lump sum payment of $350,000.00 was designated from the fiscal year 1994 year-end fund balance. The Director of Finance recommended adoption of a budget ordinance appropriating $350,000.00 in the General Fund, Account No. 001-004.9110-1105, to be transferred to the City of Roanoke Pension Plan. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (~/32333-010995) AN ORDINANCE to amend and reordain certain sections of the 1994-95 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 87, page 18.) ACTION: Mr. White moved the adoption of Ordinance No. 32333-010995. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ...................................... -6. NAYS: None ......................................... -0. (Council Member Bowles was absent.) 356 ACTION: ACTION: CITY CLERK: SCHOOLS: The City Clerk submitted a written report advising i that the three year terms of C. Nelson Harris and Clubert G. Poff, as Trustees of the Roanoke City School Board will expire on June 30, 1995, and applications for the upcoming vacancies will be received in the City Clerk's Office until 5:00 p.m., on Friday, March 10, 1995. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt moved that the report be received and filed. The motion was seconded by Mr. Parrott and adopted. CITY ATTORNEY: TAXES-LEGISLATION-SPECIAL PERMITS: The City Attomey submitted a written report advising that on October 10, 1994, Council adopted a resolution supporting the request of House of Care of Southwest Virginia, Inc., for tax exempt status from the General Assembly; that the his office has been contacted by the Division of Legislative Services of the Commonwealth of Virginia advising that in order to satisfy State law, the supporting resolution must contain language ac..knowledging the assessed value of the property owned by the organization and the corresponding amount of tax; whereupon, the City Attorney transmitted an amendment to Resolution No. 32222- 101094 containing the language requested by the State for consideration and adoption by Council. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: (#32334-010995) A RESOLUTION amending Resolution No. 32222-101094 supporting tax exemption of property owned by the House of Cam of Southwest Virginia, Inc., in the City of Roanoke used by it exclusively for charitable purposes on a non-profit basis. (For full text of Resolution, see Resolution Book No. 57, page 19.) Mr. McCadden moved the adoption of Resolution No. 32334- 010995. The motion was seconded by Mr. Parrott and adopted by the following vote: 357 i AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowem ................... -6. (Council Member Bowies was abeenL) LEGISLATION-SCHOOLS: The City Attorney submitted a written report in response to a request of Council which was made at the December 19, 1994 meeting that he review the legislative position of the City with respect to charter schools. He advised that on November 28, 1994, Council adopted the City's Legislative Program, including a statement on charter schools; that Council's statement, based on the position adopted by the Roanoke City School Board, opposed charter schools "outside the jurisdiction of the local school board"; that subsequent to Council's action, it became apparent that charter .schools being proposed in Virginia might operate outside the jurisdiction of local school boards; and st its meeting on Monday, December 13, 1994, the School Board adopted a resolution opposing such charter schools. The City Attorney transmitted a resolution by which Council may express its opposition to charter schools of the type opposed by the School Board, which resolution also opposes the diversion of public funds to charter schools that do not insure equity for all children in terms of access, funding and program quality and which are not under the jurisdiction of local school boards. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following resolution: (ft32335-010995) A RESOLUTION expressing the opposition of City Council to certain charter schools currently under consideration. (For full text of Resolution, see Resolution Book No. 57, page 20.) ACTION: Mr. Edwards moved the adoption of Resolution No. 32335- 010995. The motion was seconded by Mr. White and adopted by the following vote: 358 AYES: Council Members Edwards, McCadden, Par~ott, White, Wyatt and Mayor Bowers .............................................. --6. NAYS: None ......... - .......................... --0. (Council Member Bowles was absenL) REPORTS OF COMMITTEES: BUDGET-SEWERS AND STORM DRAINS-INDUSTRIES: Council Member William White, Sr., Chairperson of the Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for grading, storm drains and erosion control to Sits G in the addition to the Roanoke Centre for Industry and Technology, recommending that Council approve the following actions: authorize the City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney, with Thomas Bros., L. C., in the amount of $571,025.22, and 120 consecutive calendar days to complete the work; appropriate $630,000..00 from undesignated., capital funds to a new Capital Projects Fund account ent,tled, "R.C.I.T. Site G Grading", as follows: Contract Amount Contingency Advertising $571,025.22 57,974.78 * 1.000.00 Total $630.000.00 * provides a ten per cent con;,-act contingency and approximately $1,000.00 in advertising expenses already incurred reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office.) 359 Mr. White offered the following emergency budget ordinance: (#32336-010995) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 22.) ACTION: Mr. White moved the adoption of Ordinance No. 32336-010995. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ............................ ---~ ......... --6. NAYS: None (Council Member Bowles was absent.) Mr. White offered the following emergency ordinance: (#32337-010995) AN ORDINANCE accepting the bid of Thomas Bros., g C., for the grading, storm drains and erosion control to Site G in the addition to the Roanoke Centre for Industry and Technology, 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. 57, page 23.) ACTION: Mr. White moved the adoption of Ordinance No. 32337-010995. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ................................................. -6. NAYS: None (Council Member Bowles was absent.) 360 ACTION: BUDGET-BRIDGES-NORFOLK SOUTHERN CORPORATION: Council Member William White, Sr., Chairperson of the B!d Comm?.ee, presented a written report on behalf of the Committee, ~n connection with bide received by the City for modifications and repairs to the Hollins Road/Norfolk Avenue Bridge over Lick Run, recommending that Council approve the following actions: authorize the City Manager to execute a unit price contract with Robertson Construction Co., Inc., in the amount of $260,026.50, with a project contingency of $25,000.00; authorize the City Manager to execute an agreement with Norfolk Southern Railway, for watchman and flagging protection, in the amount of $55,491.00; authorize the City Manager to execute Amendment No. 3 to the Engineering Services Agreement with Mattem & Craig, Inc., in the amount of $4,100.00, which funds ars available in project contingency, Account No. 0034)56-8463-9055; appropriate $340,518.00 to a new account to be established by the Director of Finance in the Capital Projects Fund; and reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerl('s Office.) Mr. White offered the following emergency budget ordinance: (f~32338-010995) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 24.) Mr. White moved the adoption of Ordinance No. 32338-010996. The motion was seconded by Mr. Parrott and adopted by the following vote: 361 i AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor ~'-- ...... .-.6. (Council Member Bowies was absent.) Mr. White offered the following emergency ordinance: (f~32339-010995) AN ORDINANCE accepting the bid of Robertson Construction Co., Inc., for modification and repairs to the Hollins Road/Norfolk Avenue Bridge over Lick Run, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; authorizing execution of Amendment No. 3 to the City's contract with Mattem & Craig, Inc., for additional services to be performed in connection with the Hollins Road/Norfolk Avenue Bridge over Lick Run; authorizing execution of an agreement and related documents with Norfolk Southem Corporation, or its subsidiary railroads, for watchman and flagging protection in connection with the modification and repair of Hollins Road/Norfolk Avenue Bridge over Lick Run; and ~roviding for an emergency. I (For full text of Ordinance, see Ord,nance Book No. 57, page 25.) ACTION: Mr. White moved the adoption of Ordinance No. 32339-010995. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers .............................................. -6. NAYS: None (Council Member Bowles was absenL) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 362 ACTION: SEWERS AND STORM DRAINS-WATER RESOURCES: Ordinance No. 32316 auth ..o?zing vacation of portions of sanitary sewer easements across properties identified by Roanoke City Tax Nos. 3071003, 3071005, and 3071008 through 3071019, inclusive, in connection with the Williamson Road Storm Drain Project, upon certain terms and conditions, as more particularly set forth in · report of the Water Resources Committee under date of December 19, 1994, having previously been before the Council for its first reading on Monday, December 19, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. White offering the following for its second reading and final adoption: (#323164)10995) AN ORDINANCE authorizing vacation of portions of sanitary sewer easements across properties identified by Roanoke City Tax Nos. 3071003, 3071005, and 3071008 through 3071019, inclusive, in connection with the Williamson Road Storm Drain Project, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. ~;7, page 1.) Mr. White moved the adoption of Ordinance No. 323164)10998. The motion was seconded by Mr. McCadden and adopted by the following vote: I AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers .................................................. -6. NAYS: None (Council Member Bowies was absent.) PARKS AND RECREATION-NEIGHBORHOOD ORGANIZATIONS- LEASES-WATER RESOURCES: Ordinance No. 32319 authorizing renewal of a lease agreement between the City and Old Southwest, Inc., of a certain City-owned structure known as the Alexander-Gish House, located in Highland Park, together with an outbuilding and parking lot, said lease renewal term to be for a period of five years, with no lease fee, commencing January 1, 1995 and te,,,,inating December 31, 1999, upon certain terms and conditions, as more particularly set forth in a report of the Water Resources Committee under date of December 19, 1994, having previously been before the Council for its first reading on Monday, December 19, t994, read and adopted on its first reading and laid over, was agai..n before the body, Ms. Wyatt offering the following for its second reading and final adoption: 363 (~32319-010995) AN ORDINANCE authorizing the renewal of a lease agreement between the City and Old Southwest, Inc., of · certain City-owned structure known as the Alexander-Gish House, located in Highland Park, together with an outbuilding and parking lot, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 57, page 1.) ACTION: Ms. Wyatt moved the adoption of Ordinance No. 32319-010995. The mot]on was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ....................................... -6. NAYS: None (Council Member Bowles was absent.) SEWERS AND STORM DRAINS-SPECIAL PERMITS-WATER RESOURCES-STREETS AND ALLEYS: Ordinance No. 32320 granting a co.nditional permit to Hunter H. Burrow, owner of property bearing I Official Tax No. 5140207, known as 4323 Belle Airs Circle, othe .rw!ss S. W., to construct and mainta,n a private pressurized sewer line encroaching no mere than 7.5 feet over and into Belle Airs Circle, S. W., upon certain terms and conditions, as more particularly set forth in a report of the Water Resources Committee under date of December 19, 1994, having previously I=c¢,'t before the Council for its first reading on Monday, December 19, 1994, read and adopted on its first reading and laid over, was again before the body, Mr. Parrott offering the following for its second reading and final adoption: (ff32320-010995) AN ORDINANCE granting a conditional pe(,,it for a private pressurized sewer line, encroaching over and into the right-of-way of Belle Aire Circle, S. W., upon certain te;~;-rs and conditions. (For full text of Ordinance, see Ordinance Book No. 57, page 2.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 32320-010995. The motion was seconded by Mr. Edwards and adopted by the following vote: 364 ACTION: ACTION: NAYS: Non: ........................................... 4). (Council Member Bowles was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: COUNCIL: Mr. Parrott moved that the City Attomey be requested to prepare the proper measure providing that City Council meetings will convene at 3:00 p.m., on the second and fourth Mondays of each month and public headngs will continue to be held on the second Monday at 7:00 p.m. The motion was seconded by Mr. McCadden and adopted. OTHER HEARINGS OF CITIZENS: HOTEL ROANOKE AND CONFERENCE CENTER-VIRGINIA TECH: Hoskin~...M. Sclatsr, .2723 C. rystsi Spdng Avenue, S. W., appeared before Councd ,n connect,on w,th The Hotel Roanoke & Conference Center project and expressed concern over the location of the proposed skywalk to be constructed in front of the Hotel. He stated that it would be a shame to ruin a landmark like The Hotel Roanoke by constructing the skywalk in such close proximity. At 11:40 a.m., the Mayor declared the meeting in recess. At 12:13 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Bowles. COUNCIL: With respect to the Executive Session just concluded, Mr. Parrott moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Edwards and adopted by the following vote: 365 NAYS: No .r=. ................................. -0. (Council Member Bowles was absent.) At 12:15 p.m., the Mayor declared the meeting in recess. At 3:10 p. m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Members Bowles and White. ACTION: COUNCIL: With respect to the Executive Session just concluded, Mr. Parrott moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Ms. Wyatt and adopted by the following vote: I AYES: Council Members Edwards, McCadden, Parrott, INyatt and Mayor Bowers ......................................................... '-' 5. NAYS: None ............................................................ -0. (Council Members Bowles and White were absent.) LANDMARKS/HIST. PRESERVATION-GRANTS-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that the Economic Development Fund is a Community Development Block Grant funded program authorized by Council, pursuant to Resolution No. 31977-050994 adopted on Monday, May 9, 1994, and established for the purpose of providing funds for the rehabilitation of eligible historic properties within the Downtown Service District. It was explained that an application to participate in the Economic Development Investment Fund program has been received from Phillip Trompeter, representing TROMPETER BROTHERS, L.L.C. (TBLC) to renovate property owned by TBLC at 311,313 end 315 Market 366 Street and 24 Church Avenue in the historic City Market; thatrehabilitation is proposed by TBLC in a three-phsse process, at a total cost of $700,000.00; and a loan agreement containing the following terms has been negotiated by the applicant and the City: a $100,000.00 will be loaned to TBLC to assist in Phase I of the rehabilitation project involving stabilization of the structures, · interest rate is three per cent, a no interest or principal payments will be required for the first two years and at the end of the second year (March 30, 1997) accrued interest for the first two years shall be paid, a years three through ten require principal interest payments based on a 20-year amortization schedule, a loan will balloon at the end of ten years (payable in full), a if a minimum of $400,000.00 has not be invested by TBLC within five years, the loan is payable in full to the City, ten per cent of the funds may be used for amhitectural and engineering services and the remaining for actual construction, e total investment by TBLC shall not be less than $700,000.00. The City Manager recommended that he be authorized to execute an agreement with TBLC, in a form to be approved by the City Attorney, loaning $100,000.00 in CDBG funds for the stabilization of 311,313, and 315 Market Street and 24 Church Avenue, upon terms and conditions as above set forth. (For full text, see report on file in the City Clerk's Office.) 367 Mr. McCadden offered the following resolution: . (#323404)10995) A RESOLUTION authonzing execution of an ACTION: agreement with Trompeter Brother~, L. C. ("TBLC") for use of the CDBG funded Economic Development Investment Fund, for the rehabilitation of 311,313 and 315 Market Square and 24 Church Avenue. (For full text of Resolution, see Resolution Book No. 57, page 27.) Mr. McCadden moved the adoption of Resolution No. 32340- 010995. The motion was seconded by Me. Wyatt and adopted by the following vote: AYES: Council Members Edwards, McCadden, Pa,,-~,lt, Wyatt and Mayor Bowers ............................................. 5. NAYS: None (Council Members Bowies and White were absent.) OATHS OF OFFICE-COMMITTEES-MENTAL HEALTH SERVICES- BLUE RIDGE COMMUNITY SERVICES: The Mayor advised that the At 7:00 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Bowies ! At 3:15 p.m., the Mayor declared the meeting in recess until 7:00 p.m. (Council Members Bowles and White were absent.) FOR MR. GRANT: Council Members Edwards, McCadden, Parrott, Wyatt and Mayor Bowers ...... - ........ : ................ -5. ACTION: There being no further nominations, Mr. Grant was reelected as a Member of the Blue Ridge Community Services Board of Directors, for a term ending December 31, 1997, by the following vote: Mr. Edwards placed in nomination the name of Michael A. Grant. and called for nominations to fill the vacancy. i three year term. of Michael A..Grant as a Member of the Blue Ridge Community Sennces Board of D~rectors expired on December 31, 1994, 368 OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attomay; James D. Grleeo, Director of Finance; and Mary F. Parker, City Clerk. STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, January 9, 1995, at 7:00 p.m., or aa soon thereafter as the matter may be heard, on the request of Manley C. Butler, Jr., that a certain segment of 19th Street, N. W., located between Loudon Avenue on the north and Centre Avenue on the south, and bounded by Block 23 of Hyde Park Subdivision on the west and Block 22 of Hyde Park Subdivision on the east; and a certain segment of a tS-foot wide alley running from 19th Street eastward approximately 240 feet to the westemmost boundary of the tract of land referred to aa Official Tax No. 2211814, being the same portion of the alley located directly south of the applicant's property, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-NewT on Friday, December 23, 1994, and Friday, December 30, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the petitioner wishes to use the land within the vacated righta-of-way to install a security fence around the perimeter of his property (Shenandoah Robes, 1816 Loudon Avenue, N. W.) and to provide better access to the building's loading dock and dumpster, was before Council. The City Planning Commission recommended that Council approve the request, subject to the following conditions: The applicant shall submit to the City, receive approval thereof, and record in the Office of the Clerk of Circuit Court, a subdivision plat providing for the following: 369 Disposition of the lend within the vacated rights-of-way in a manner consistent with the requirements of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended. Retention of appropriate ssssmante, together with the right of public passage over same for surface and subsurface installation, repair or maintenance of any end ell utilities that may be located therein. If the above-cited subdivision plat is not approved by the City and recorded by the applicant within a period of six months from the date of adoption of an ordinance providing for such closure, said ordinance shell become null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott moved that the following ordinance be placed upon its first reading: (#32341) AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as ars more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 57, page 29.) The motion wes seconded by Mr. White. The Mayor inquired if there were persons present who would like to address Council with regard to the request for vacation/closure. There being none, Ordinance No. 32341 was adopted, on its first reading, by the following vote: AYES: Council Members Edwards, White, Wyatt and Mayor Bowers ..... - .......................... . ................ -- ........ -4. NAYS: Council Members McCadden and Parrott ........... 2. i, (Council Member Bowles was absent.) 370 STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, January 9, 1995, at 7:00 p,m., or as soon thereafter aa the matter may be heard, on the request of Wayne L. Cook that a 10-foot wide alley extending from 25th Street to an alley running from Shenandoah Avenue to 24th Street, N. W., be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & Worid-N~w~ on Friday, December 23, 1994, and Friday, December 30, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the petitioner is requesting vacation of the alley in order to use the land within the right-of-way for future building expansion purposes, was before Council. The City Planning Commission recommended that Council approve th.e request to close and .pei¥,~ane.n. tiy vacate the abovedescnbed alley, subject to the follovnng conditions: The applicant shall submit to the City, receive approval thereof, and record in the Office of the Clerk of Circuit Court, a subdivision plat providing thereon for the following: Disposition of the land within the vacated rights-of-way in a manner consistent with the requirements of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended. Retention of appropriate easements, together with the right of public passage over same for surface and subsurface installation, repair and maintenance of any and all utilities that may be located therein. 371 If the above-cited subdivision plat is not approved by the City and recorded by the applicant within a pedod of six months from the date of adoption of an ordinance providing for such closure, said ordinance shall become null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) Wayne L. Cook, petitioner, appeared before Council in support of the request. ACTION: Mr. Wtlite moved that the following ordinance be placed upon its first reading: (#32342) AN ORDINANCE pe~;,ansntly vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as ars more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 56, page 31.) The motion was seconded by Mr. Parrott. The Mayor inquired if there were persons present who would like to address Council with regard to the request for vacationJclosure. There being none, Ordinance No. 32342 was adopted, on its first reading, by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ................................................... -6. NAYS: None ................................................ -6. (Council Member Bowies was absent.) ACTION: STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, January 9, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Community Hospital of Roanoke Valley and Communicorp, Inc., that a certain segment of First Street, S. E., located in the Orchard Hill Subdivision, adjacent to property at 21 Highland Avenue, S. E., identified ~ Official Tax Nos. 4021501, 4021502, 4021409 and 4021 401; and a certamn segment of an alley which divides the property fronting 372 on the 900 block of South Jefferson Street and property fronting on First Street, S. W., identified as Official Tax Nos. 1021811, 1021808, · 1021807, 1021805, 1021812, 1021813, 1021814, 1021815, and 1021810, · be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, December 23, 1994, and Friday, December 30, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for vacation/closure is to continue the use of First Street, S. E., as a thoroughfare and for parking and to create more on-premise perking by closure of the subject alley, was before Council. The City Planning Commission recommended that Council approve the request for vacation/closure, subject to the following conditions: The applicant shall submit to the City, receive approval there of, and .record in the Office of the Clerk of Circuit Court, a subd,vislon plat providing for the following: Disposition of the land within the vacated rights-of-way in a manner consistent with the requirements of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended. Retention of appropriate easements, together with the right of public passage over same for surface and subsurface installation, repair or maintenance of any and all utilities that may be located therein. If such subdivision plat is not approved by the City and recorded by the applicant within a period of six months from the date of adoption of an ordinance providing for such closure, said ordinance shall become null and void with no further action by City Council being necessary. 373 In the event the applicant should deem it desirable or necessary at some future time to fence off, block, impede or restrict in any manner the public's existing access from Highland Avenue, S. E., onto or through property owned by the applicant, said applicant shall dedicate sufficient land to provide a public turnaround at the proposed terminus of Highland Avenue, S. E.: The applicant shall dedicate such land and construct said turnaround prior to the construction or erection of any structure that would in any manner fence off, block, impede or reetrlct such access. The turnaround shall be dedicated by a subdivision plat approved by the Agent and recorded in the Office of the Clerk of Circuit Court. Plane for construction of eaid turnaround shall be approved by the Agent prior to construction. I (For full text, see report on file in the City Clerk's Office.) Robert B. Manetta, Attomey, appeared before Council in support of the request of the petitioner. ACTION: Mr. Parrott moved that the following ordinance be placed upon its first reading: (#32343) AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 56, page 33.) The motion was seconded by Ms. Wyatt. The Mayor inquired if there were persons present who would like to address Council with regard to the request for vacation~closure. There being none, Ordinance No. 32343 was adopted, on its first i reading, by the following vote: 374 ACTION: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ............. - ............ . ............. -6. · NAYS: None ....................................... .6. (Council Member Bowles was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, January 9, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of I. Wayne Ayers that a tact of land located at 5175 Peters Creek Road, N. W., described as Official Tax No. 6600102, be rezoned from LM, Light Manufacturing District, to C4, Ol~ce District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, December 23, 1994, and Friday, December 30, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commi .ssion ad.v. ising that the purpose of the request for rezoning is to bnng existing use of the property into conformance with the current zoning ordinance and to facilitate further office development of the subject property, was before Council. The City Planning Commission recommended that Council .approve the request for rezoning, advising that the rezoning would be in keeping with the current use of the land and supportive to the adjoining highway commercial uses in the area than the typical industrial uses. (For full text, see report on file in the City Clerk's Office.) Edward A. Natt, Attomey, appeared before Council in support of the request of his client. Ms. Wyatt moved that the following ordinance be placed upon its first reading: 375 (#32344) AN ORDINANCE to amend Section 36.1-3, Code of the I City of Roanoke (1979), as amended, and .S?t No. 660 S.e. ctional 1976 Zone Map, City of Roanoke, to rezone certa, n property vflthin the City, pursuant to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 56, page 36.) The motionwas seconded by Mr. McCadden. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 32344 was adopted, on its first reading, by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ................................................ .6. NAYS: None (Council Member Bowles was absent.) ZONING: Pursuant to ResoluUon No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, January 9, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Donald R. Aloof and Lee T. Helms, contract purchasers, that certain conditions presently binding upon a tract of land located at 1910 McVitty Road, S. W., described as Official Tax No. 5100809, which property was previously conditionally rezoned, pursuant to Ordinance No. 31826- 011894, adopted by the Council of the City of Roanoke on Tuesday, January 18, 1994, be amended, and that new proffers be accepted as shown on the Second Amended Petition filed in the City Clerk's Office on December 16, 1994, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, December 23, 1994, and Friday, December 30, 1994. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the rezoning request is to amend proffered conditions approved in conjunction with a previous rezoning for the purpose of 376 using the subject property as a commercial offic.e, development; and a I~ second petition to amend proffered conditions was filed on I December 16, 1994, as follows: The property will be developed in substantial confo,,,,ity with the site plan prepared by Balzer & Associates under date of November 11, 1994, except aa the same may be modified during the site plan review. The total building square footage on the property will be limited to 8,000 square feet in a maximum of three buildings. Use of the property will be limited to the following uses permitted in CN districts: Non-profit counseling facilities and services, General and professional offices including financial institutions, Exterior architectural features of the existing structure on the subject property shall be substantially similar to the artist's rendering, dated November 11, 1994, prepared by Balzer & Associates, and exterior architectural features of the proposed new structure shall be substantially similar to the six photographs made a part of the record. In addition to landscaping requirements imposed by the City Code, the Petitioner will provide a single row of small to mid-size shrubs along the parking area facing Getswood Avenue and two deciduous trees on the Gatswood Avenue frontage. The City Planning Commission recommended approval of the request to amend the proffered conditions approved in connection with the previous rezoning of the property to permit use of the subject property as a commercial office development. 377 Mr. White moved that the following ordinance be placed upon its I flret reading: "AN ORDINANCE to amend Sections 36.1-3 and 36.14, Code of the City of Roanoke (1979), as amended, and Sheet No. 510, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned CN, Neighborhood Commercial District." The motion was seconded by Mr. McCadden: The Mayor advised that 11 persons had registered to speak· Mr. McCadden stated that the petitioner, property owners and City staff should try to reach a viable solution before Council Members cast their vote on the request to amend the conditions to rezone; whereupon, he offered a substitute motion that the matter be referred beck to the City Planning Commission for further review and possible mediation and compromise. The substitute motion was seconded by Mr. Parrott · Mr. Natt advised that meetings have previously been held with ne,ghbo, rhood groups,.however, he would be pleased to continue the discussions if Counc;I so desires. He expressed concern about referring the matter back to the City Planning Commission, thereby incun~ng additional advertising expenses for his client, and requested that Council continue the public hearing until the Council meeting on February 13, 1995, which will allow sufficient time to meet with property owners, while not incurring additional advertising expenses. Upon question, the City Attorney advised that it is within legal parameters to continue the public hearing until a date certain. The Mayor inquired of Mr. McCadden, in lieu of referring the matter back to the City Planning Commission which would incur additional advertising expenses for the petitioner, if he would be amenable to amending his substitute motion to continue the public hearing until the regular meeting of Council on Monday, February 13, 1995, which would provide time for the petitioner to meet with affected property owners in an effort to resolve certain questions; whereupon, Mr. McCadden and Mr. Parrott agreed to amend their substitute motion accordingly. 378 · Ms. Lacy W: Carter,. President of the Greater Deyerie Ne,ghborhood Aesoc,ation, advised that she did not have a conse, n.s. us 'W as to the wishes of the majority of the neighborhood assoc,atlon relative to the request; however, es a result of telephone conversations, there appears to be a relatively divided opinion in which some property owners believe that the matter can be mediated and others are strongly opposed. She spoke in support of Mr. McCadden's substitute motion to delay action on the request pending further discussion by the petitioner, property owners and the City. M. T. "Bud" McWhorter, 5006 Gatewood Avenue, S. W., President of the Hidden Valley Estates Neighborhood Watch Association, appeared before Council in connection with the Greater Deyerie Neighborhood Plan, which was a part of the City's Roanoke Vision Plan and advised that the purpose of neighborhood plans within the City is to serve as a guide as to how neighborhoods are developed, and noted that there is nothing in the Greater Deyerle Neighborhood Plan which supports the proposed office complex. He explained that the Plan describes the neighborhood as having primarily single family residences which are well maintained and above average in market value; that many residential tracts on the perimeter of the neighborhood.are unde.r, pressure for commercial development; and any futura zon,ng of add,tional property for commercial development along the U. S. Route 419 corridor is not desirable and is viewed as a threat to the residential integrity of those areas adjacent to the highways. He advised that the neighborhood plan will be totally disregarded if the request of the petitioners is approved, and Gatewood Avenue residents are aware that in the near future there will be unbearable pressure for commercial development to continue down McVitty Road toward Keagy Road, and if this is allowed to happen, it will change the entire character of the Greater Deyerle Neighborhood as well as the Hidden Valley Estates area. Mr. McWhorter pointed out that the Greater Deyerie Neighborhood Plan also addresses traffic which is another concern and states that residents place a great deal of emphasis on reducing neighborhood traffic to the extent possible, thereby providing better traffic management at problem intersections and stringently enforcing speed limits. He called attention to a traffic count conducted by the City within the past three weeks which verified 1,000 vehicle trips each day, and the City's Traffic Engineer has stated that the proposed development will create 50 additional trips per day from the entrance and exit of the proposed office complex. He stated that he is opposed to any kind of entrance or exit on Gatewood Avenue, which is a narrow 379 two lane read with a bad curb that ia poorly banked, where many residents and children walk, bicycle and jog, and sFccdere use the area as a high speed strip and acceleration zone: and development of the proposed preject would intensify the danger for neighborhood residents. He requested that Council honor the guidelines contained in the Greater Deyarie Neighborhood Plan and deny the request of the petitioners. Mr. Ire H. Hurt, Jr., 1910 Air View Road, S. W., expressed concem in regard to increased traffic on Gatewood Avenue. He stated that the prepoaed rezoning would enable construction of a building on a small residential lot which is already overused and overbuilt, and the proposed office complex will be too large and overpowering to fit in with the rest of the neighborhood. The substitute motion to continue the public hearing until the regular meeting of Council on Monday, February 13, 1995, in order to provide an opportunity for the petitioner, neighborhood leaders and City representatives to mediate the matter, was adopted. STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, t981, the City Clerk having advertised a public hearing for Monday, January 9, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Douglas Basbam that a 15-foot wide public alley lying between Official Tax Nos. 1551132 and 1551104 extending in a southeasterly direction from Lofton Road, S. W., for a distance of approximately 160 feet, be permanently vacated, discontinued and cloaed, the matter was again before the body. Legal advertisement of the public hearing was published in the Roanoke Times & W~rid-Newe on Friday, December 23, 1994, and Friday, December 30, 1994. (See publisher's affidavit on file in the City Clerk's Office.) Council previously held a public hearing on the request on Monday, September 12, 1994, at which time the matter was referred back to the City Planning Commission for further study and recommendation. A report of the City Planning Commission advising that official disposition of Mr. Beeham's application has been complicated by the following issues, was before Council: 380 The subject alley was created in 1924 as a part of a residential subdivision, platted by the Weaver Heights Corporation; that the subdivider and owner specifically provided thereon that the alleys within the subdivision area were not intended or dedicated for public uss; that City maps Indicate that the alley is part of the City's system of streets and alleys; and accordingly, there is doubt as to the City's interest in the subject property. Over a span of the past 70 years, the City has apparently made no effort to open, construct and prepare the subject alley for public use or for use of any abutting property owTler. Neighborhood opinion is divided on the issue; that 29 lots abut the alley system in this residential block; and public comment and written statements provided to the Planning Commission indicate that community opinion on the issue is divided ss follow~: 17 property owners are in favor of closing the alley. 3 property owners oppose the closure of the alley. 9 property owners have not responded to the Issue. t of the property owners listed above wants the City to open the alley. It was explained that Planning Commission staff met with the applicant and other affected property owners on October 19, 1994, to discuss the possibility of reaching a mutual agreement on future use of the property, however, property owners could not agree on the future status; and the City Planning Commission reviewed the application once again on December 7, 1994, at which time, staff made the following recommendation: The City had no interest in the title so the subject alley. The City hsd apparently not used or maintained the alley for public uss at any time since its original platting. 381 Disposition and futu.? use of the alley should be decided I by owners of lots within the subdivision. The City Planning Commission should recommend that Council approve the applicant's request, thereby vacating such interest as the City may have, if any, in the subject alley. The City Planning Commission recommended that Council deny the request of the applicant to close and vacate the subject alley section. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott moved that the following ordinance be placed upon its first reading: "AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described herain~,;~er." The motion was ssco:ded by Mr, McC. adden. I Edward R. Tucker, C~ty Planner, advised that the matter was previously before Council on September 12, 1994, and referred back to the City Planning Commission and staff to meet with affected property owners to attempt to resolve issues in regard to future use of the alley. He explained that Planning Commission staff me~ with property owners and the applicant, and it was a matter that could not be resolved inasmuch as property owners could not agree on future use of the alley. He stated that the matter then came back to the City Planning Commission and the Planning Commission, on a vote of 5-1-1 with one member abstaining, recommended that Council deny the request. Douglas Basham, petitioner, appeared before Council and advised that he initiated the request in March 1994 for the City to close and/or vacate interest in the subject alley that touches his property, which is an alley that has been absorbed into the neighborhood and he has maintained the property at his expense for seven years. He explained that he requested closure of the alley because it is not only in the best interest of the property owners, but in the best interest of the entire community. He explained that the City Planning Commission report nw~t~ch was submitted to Council contained signed statements by I over one half, 17 out of 28 property owners, whose property touches 382 the alley in support of vacation/closure. He stated that closing the alley will not deny access to any property owner; that there has been no evidence from the Office of Real Estate Valuation to verify that closing the alley will effect property values; that there has been no activity from the alley for over 20 years; that no justifiable need has been presented by any property owner to keep the alley open, and only one property owner has requested that the alley be kept open as a second entrance to their property. Therefore, he requested that Council approve his petition to vacate and close the subject alley. Ms. Nancy G. McLaughlin, 2448 Lofton Road, S. W., advised that she has lived in the neighborhood for 30 years and she has observed very limited use of the alley; therefore, since the alley is not used, she requested that Council grant the request of Mr. Basham. Ms. Kathy L. Hutchinson, 2453 Livingston Road, S. W., called attention to Mr. Basham's statement that closure of the alley is in the best interest of the entire community, however, she referred to a petition signed by 18 residents residing in the area, advising that closure is not in their overall best interest. She noted that if the alley is opened, some of the parking congestion on Livingston Road would be alleviated. She pointed out that the alley was shown on her deed when she purchased her property; that the alley i.s recorded in the I deeds of the City dating back to 1926; and a sewer I,ne presently runs through the alley. She added that if the section of alley requested by Mr. Basham is closed, a 500 foot dead-end will be created with no place for vehicles to turn around and noted that she would like to use the portion of the alley requested to be closed as vehicular access to the rear of her property. The Mayor inquired if there were other persons who wished to address Council with regard to the matter;, whereupon, no other person requested to be heard. Following discussion of the request, the ordinance vacating, discontinuing and closing the abovedescribed section of the alley was lost by the following vote: AYES: None NAYS: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ............................. -6. (Council Member Bowles was absent.) 383 I .TRAFFIC-STATE HIGHWAYS-GRANTS: The City Clerk having adverdesd a public hearing for Monday, January 9, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider previously received applications for Federal funds available through the Intsrmodal Surface Transportation Efficiency Act (ISTEA) for transportation enhancement projects in fiscal year 1995-96, the matter was before Council. Legal advertisement of the public hearing was published in the Roanoke Times & WQltd-News on Friday, December 23, 1994, and Friday, December 30, 1994. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report advising that the Inte,.,odal Surface Transportation Efficiency Act (ISTEA) was signed into Federal law in December 1991, providing new transportation legislation that places the power of decisionmaking with state and local governments; and ISTEA requires state departments for transportation to set aside a minimum of ten per cent of their Surface Transportation Program (STP) allocation each year to be used for the following types of "enhancement" activities: provision of facilities for pedestrians and bicycles, acquisition of scenic easements and scenic or historic sites, scenic or historic highway programs, landscaping and other scenic beatification, historic presewation, rehabilitation and operation of historic transportation buildings, structures or facilities (including historic railroad facilities and canals), control and removal of outdoor advertising, archaeological planning and research, and mitigation of water pollution due to highway runoff. 384 ACTION: It was explained that one enhancement project, the Railside Linear Park Proj.e. ct to enhance the pedestrian link between various down.town attractions (summarized on Attachment A to the report), is the City's only project application for this year's ISTEA Enhancement Program; that project application must be formally endorsed by Council and the Metropolitan Planning Organization (prior to submittal to the Virginia Department of Transportation by January 31, 1995); that a resolution adopted by Council which would endorse the project application also requires, according to VDOT, that the City of Roanoke agree to pay a minimum of 20 per cent of the total cost for planning and design, right-of-way, and construction of the project, and if the City subsequently alec;~ to cancel the project, the City agrees to reimburse VDOT for the total amount of the costs expended by VDOT through the date of cancellation; that the bond referendum approved by voters on November 8, 1994, included $1.5 million for Phase I of the project which would provide the boardwalk and lighting; that Phase II would provide the remaining benches and landscaping, at an estimated cost of $1,034,500.00; and the current application requests $1.0 million, which is the maximum amount that can be awarded for an individual project, therefore, the application proposes that the City of Roanoke can pay 60 per cent of the total project cost (Phase I and II combined). The City Manager recommended that Council endorse the project application, which ia summarized in Attachment A to the report, and agree to pay 60 per cent of the total project coat, and if the City elects to cancel the project, the City would reimburse the Virginia Department of Transportation for the total amount of costa associated with any work completed on the project through the date of cancellation notice. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: (f/32345-010995) A RESOLUTION requesting the Commonwealth Transportation Board to establish a project for the construction of the Railside Linear Park Project. (For full text of Resolution, see Resolution Book No. 57, page 27.) Mr. McCadden moved the adoption of Resolution No. 32345- 010995. The motion was seconded by Mr. Parrott. 385 The Mayor inqui .n~l.. if there were persons pr,sent who would like I to address Council w~th regard to the matter, being There. none, Resolution No. 32345-010995 was adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowe~ ......................... -6. NAYS: Nor.c (Council Member Bowles was absenL) OTHER HEARINGS OF CITIZENS: COMPLAINTS-LICENSES: Ms. Lola R. Reynolds-Lee, 902 Patterson Avenue, S. W., appeared before Council and raised question as to the responsible party to pay for damages to a rock wall in the vicinity of her property. She also addressed Council in connection with acquiring, at no charge, a City of Roanoke business license to operate as a palm reader. It was the consensus of Council to refer the matter to the City Manager and the City Attorney for appropriate responses. I There being no further business, the Mayor declared the meeting adjourned at 8:20 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor I 386 ROANOKE CITY COUNCIL -- ROANOKE COUNTY BOARD OF SUPERVISORS January 9, 1995 I 1:00 p.m. A joint informal meeting of the Roanoke City Council and the Roanoke County Board of Supervisors was called to order on Monday, January 9, 1995, at 1:00 p.m., in the Library of the Highland Park Lasming Center Magnet School, with Mayor David A. Bowers and Chairman H. Odell Minnlx presiding. ROANOKE CITY COUNCIL MEMBERS PRESENT: John S. Edwards, Delvis O. McCadden, John H. Parrott, Linda F. Wyatt and Mayor David A. Bowers .............. -5. ROANOKE CITY COUNCIL MEMBERS ABSENT: Elizabeth T. Bowles and William White, Sr. ...................................................... 2. ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Bob L. Johnson, Harry C. Nickens, Lee B. Eddy, Edward G. Kohinke and Chairman H. Odell Minnix ......................................................................... 5. ROANOKE COUNTY BOARD OF SUPERVISORS ABSENT: None .............. -0. OTHERS PRESENT REPRESENTING ROANOKE CITY: W. Robert Herbert, City Manager, James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Gdaso, Director of Finance; May F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; Willard N. Claytor, Director of Real Estate Valuation; and Kit B. Kiser, Director of Utilities and Operations. OTHERS PRESENT REPRESENTING ROANOKE COUNTY: Elmer C. Hodge, County Administrator; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Paul M. Mahoney, County Attorney; Diane D. Hyatt, Director of Finance; Mary H. Allen, Clerk to the Board of Supervisors; Terrance Harrington, County Planning Director; and Joyce W. Waugh, Economic Development Specialist. OTHERS PRESENT: M. Rupert Cutler, Executive Director, Virginia's Explore Park. Following lunch, the Mayor called the meeting to order at 1:00 p.m., and welcomed Roanoke County officials. 387 UPDATE ON EXPLORE PARK: Dr. M. Rupert Cutler, Executive Director, Virginia's Explore Park, expressed appreciation to officials of Roanoke County and Roanoke City for their support of Explore Park, and called attention to the need to focus on the terms of the lease for right-of-way across the old landfill property in the vicinity of the Blue Ridge Parkway. He advised that for some time, Explore Park has been working on a Blue Ridge Parkway Spur Road to come across the landfill, across Explore Park to the current location of the ticket booth, and noted that funds have been appropriated since 1988 ($12 million Federal and $3 million State) to design and build the parkway. He explained that formerly, the road was to be called the Roanoke River Parkway which would have come from Vinton, along the river to Hardy's Ford, however, the concept was too expensive and too harsh on the environment, and as a result, current discussions center around less than two miles of the parkway to Explore Park, or a parkway similar to the Mill Mountain Spur/Roanoke Mountain Spur. He noted that the Virginia Department of Transportation has purchased two tracts of private land, that junked cars have been removed from the Andrews property, and the Virginia Recreational Facilities Authority, the entity that administers the Explore project, has donated the right-of-way across Explore Park; therefore, the outstanding issue now appears to be the terms of the lease. Dr. Cutler advised that the mission of Explore Park is two-fold: (1) to become I westem Virginia's major tourist .destination attraction serving as a living history museum, wilderness and recreat, on area, and (2) to become a national center for environmental education. He referred to certain budget concerns effscting Explore Park, advising that action taken at the General Assembly level in the upcoming two months will influence the decisions of private funding sources who are waiting to see how Explore Park will fare in the budget process before committing to major investments in the project. He called attention to Governor Allen's proposal to cut in half Explore's current State appropriation for operating support, advising that if his proposed $200,000.00 reduction in the current budget is approved, which would represent more than one-;;;G, of Explore's budget, it will be difficult to keep Explore Park open; therefore, he requested that elected officials communicate their concern about the Governor's proposed budget recommendation relative to Explore to both the Govemor and to City and County representatives to the General Assembly. He presented copy of his testimony before the Virginia Assembly Joint Senate-Houes Hearing on the Governor's proposed State budget which contains details regarding the potential impact of the Governor's proposal on Explore Park. Dr. Cutler called attention to another matter of concern in regard to the location of the new National Park Service administered tourist regional information center, which is to be constructed on the Blue Ridge Parkway. He advised that the National Park Service identified one site during the environmental impact I assessment of the Roanoke River Parkway, which is land owned by Al Hammond, 388 and the National Park Service ie still on record in favor of that site. However, he explained that Explore .officials would prefer that the regional information center be constructed on what ,s now the landfill near the .bailer building, or closer to the I parkway on the A~.drews property at a location that is on the rout. e to Explore Park othnatl,d.~°~s,~n.o,t ,_mq_u.i.re__c_o..ns_tru?..o~. of another .exit of of the Blue Ridge Parkway and _ -,,- ,,,, ,~. ~u,renuy puo,cly ownea. He noted that Representative Robert Goodlatta is waiting .to. receive a statement from Roanoke City and Roanoke County .as to where the localities would prefer that the multi-million dollar information center ,e constructed, following which he has offered to seek Federal funds. He advised that t.h.e. Shenandoah Valley Tourism Association, the Blue Ridge Parkway .._.~___l_a~.'.on and .other .ec~o.nl~c.d?velopment groups realize the need for a regional ,,.?a,o? ,to,g th, B:,, . :dge P, ,ay in the .--.,,,,,- -,,,,,,)-, anu ca,eo azrerw,o.n to a remporary regional Information center at the entranc, e to Explore Park whIch can be staffed with volunt.e, era, however, assistance ;s needed from the Roanoke Valley Convention and Visitors Bureau to sup. port the program ina.s, much a.s Explore Park does not have sufficient staff to assign the task on a full-time basis. C" In summary, Dr. Cut?r stated that the most important matter before Roanoke ,ty and Roanoke County ,n regard to I=]mlore Park is ,ha ...~. ........... ...... --'.-' s,,; ~.., ,~w=y apur lease ISSUe, .ano raq..uesteo mat the landfill issue be resolved as soon as possible to prevent jeopardizing accomplishments to date of Explore Park. _ . Dr. Nickens advised that five locations were identir.--, k-- .,.--., ...... ~ew~ce for the ~gionai ~nfo~a~on center, ~e number one Ioca~on being the Hammond prope~ as noted b~ Dr. Cutler; that in December 1992, the Boa~ of Su~m ~t~ a ch~e In th~ ~omm~nde~ decision and endowed a site on ~e so~ side ~ ~e ~ver at a I~U~n in c~jun~ ~ ~e lan~ll to be a pa~ ~ ~plom Pa~ and ~e spur road; and ~n ms~onss t~ :, ....... ~ - _ -. ~ ~ ,~, =~u~=~ ~O8ROKe ~OUR~ received a leRer from the N?ionai Pa~ Sewsce s~Ung that it had concerns about · e ml~Uon to ~e south s:de of the river, however, the Coun~ bee yet to receive specific objections from the Pa~ Sewice. The Mayor inquired of the City Manager ?d/or the City Attorney if Council has ~ken specific action on the location of the re.g. lonal information center; whereupon, ,t was the cons.ensus of Council that the City Attorn. ey would prepare the proper measure for act, on by Council at a later date endure,rig the location on the south side of the river. In regard to State funding, the Ma-or in,,uired if--'":'~ ...... . · for Explore Park in the City's 1995 ;~e i~;~tive p,~Uu,uuna,;unus are request.e? Attomev advise- ,k.,, ............ ~ . . rogra.m; whereupon, the City Explo~'~'l~ark in 7t~';.'~s~a~'V~e~r~tYs nas na(~ an ongo, ng request for funds for · g · 389 REQUEST FOR AN UPDATE ON AFFORDABLE HOUSING IN ROANOKE COUNTY: The Mayor advised that at the last quarterly meeting on September 12, 1994, the issue of housing in Roanoke County under the auspices of Habitat for Humanity was discussed; whereupon, Mr. Hodge stated that last week, Roanoke County received a communication from lff, lliam S. Huberd, President, Habitat for Humanity, advising that five acres of land in Roanoke County have been donated to Habitat for Humanity on which the organization would like to construct houses. He stated that the matter will be submitted to the Board of Supervisors for appropriate action in the near futura. Mr. Johnson advised that housing is a private sector ventura, and the Federal Government has basically gotten out of public housing. He stated that if the two governing bodies are discussing new construction, citizens will have to raceive special considerations, and called attention to tap fees alone which ara $3,600.00 for water and sower service. He noted that the issue is complicated and both governments need to addrass certain difficult questions, one of which might be to determine if the water and sewer tap fee could be rolled into a special formula similar to what the localities do when they ara trying to attract a new industry. REQUEST FOR AN UPDATE BY ROANOKE COUNTY ON RIDGELINE PROTECTION: The Mayor advised that ridgeline protection was also discussed at the last quarterly meeting in September, and Roanoke City continues to be interested in plans to protect the Valley's ridgeline. Mr. Hodge stated that Roanoke County's approach to ridgeline protection is to include the matter as a part of a project that is being addressed by a group known as Coalition for the Parkway, which is composed of Roanoke County staff and certain developers that previously worked on protection of viewsheds. He explained that a hands-on program will be conducted later this month by Carlton Abbott and David Hill with certain developers to address the question of how property could be developed in harmony with the parkway, along with ridgeline protection and slopes that protect the parkway. He explained that former Congressman Jim Olin has worked with Roanoke County and was instrumental in setting up the meeting. Mr. Herbert advised that since rldgeline protection also includes southern Botetourt, and porlJons of Bedford County, Roanoke County, the City of Salem and others, the suggestion was previously made that the proper entity to address the matter may be the Filth Planning District Commission. 390 There was discussion in regard to including ridgeline protection end green.ways in the same study; whereupon, Mr. Johnson expressed concem about combin,ng the two topics, and advised that he believes in his lifetime there will be a greenway project. He questioned whether the localities have sufficient funds in their budgets to purchase all of the necessary viewsheds in order to prevent citizens from constitutionally building on their own properties. He suggested that ddgeline protection and greenways should be studied, however, something should be done during this calendaryeer with regard to the issue of greenways. Mr. Eddy stated that the matters of greenways and ridgeline protection are regional issues; whereupon, Mr. Herbert advised that Roanoke City Council has appropriated funds for professional assistance, if necessary, and the City will work with Roanoke County and others through the open space study to be conducted by the Fifth Planning District Commission. The Mayor addressed the importance of joint meetings between the City and County School Boards and the City and County Planning Commissions, and spoke in support of the City and the County Planning Commissions jointly discussing the issues of greenways and ridgeline protection. IMPACT OF THE GOVERNOR'S TAX PROPOSALS ON ROANOKE CITY AND ROANOKE COUNTY: Mr. Herbert advised that during the last week in December, a briefing paper was sent to Council which essentially pointed out that the City could see a figure approaching $2.5 million in direct reductions as a result of the Governor's tax proposals; that various budget proposals/reductions continue to filter down from the Governor's Office; and he has been advised by staff of the Virginia Municipal League that the format for the State's budget has completely changed to the extent that some members of the legislature have expressed some difficulty in understanding the contents of the State's budget. He stated that of great concem is the fear that the General Assembly could act and only until localities begin to receive reimbursements will they completely understand the impact of the proposed reductions. He noted that much of what localities are seeing at the State level can be expected at the Federal level as well as in te,,~s of how the Federal Government will re-prioritize or reallocata funds, viz: the City could lose State and Federal funding of approximately $200,000.00 for this year for the Greater Roanoke Transit Company, and in year two, it could expect to lose another $440,000.00 and very quickly filter down to zero on what is now approximately a million dollar appropriation in terms of operating subsidy. He explained that in the City's case, he is concerned not only about year one, but years two through five as well; and on the national level, there could be a seven-year budget cycle to implement some of the 391 programs. He expressed concern that the average citizen who is the ~.cipient of I these types of services wi!l not realize the full impact of the reductions until sometime after July 1, at wh,ch time they will come to City Council or to the Board of Supewisore since the General Assembly will not be in session and inquire as to why the Council and the Board allowed this to happen at the State level. Mr. Hodge presented a handout summarizing the effect of the Governor's proposed 1995-96 budget reductions on Roanoke County, advising that known reductions to Roanoke County in proposed State revenues total $338,401.00, and the total estimated range of State reductions in health and human service funding for programs that provide services to Roanoke County citizens is between $770,000.00 - $1,220,000.00. He advised that he has never seen the Virginia Municipal League or The Virginia Association of Counties and Towns in such a panic, that they are pleading with localities to disseminate the necessary Information to their constituents because legislators are saying that they have not heard from local citizens, and it is imperative that the localities send the proper message to area legislators. There was discussion in regard to how the localities might educated citizens as to the severity of the Govemor's proposed budget cuts in which the following observations were made; viz: localities need to take a strong stand, this is only the "tip of the. iceberg" and localities have yet to see all that will happen, the entire process w~ll place added financial responsibility on local governments while making finances at the State level look good, and a joint resolution should be adopted by City Council and the Board of Supervisors expressing opposition to the Governor's budget proposal. The Mayor suggested that the two administrators highlight various depa,:.,,nts of Roanoke City and Roanoke County governments that would have to be closed or decrease services as a result of the proposed budget cuts, and that one day be set aside in the Roanoke Valley to demonstrate to the citizens what would happen if they could not apply for certain services that are ordinarily provided by the City and the County on a daily basis. The Mayor also suggested that the Governor and area legislators be invited to a joint meeting within the next 30 days with the Roanoke City Council and the Roanoke County Board of Supervisors to discuss the effects of the proposed budget cuts. The observation was made that other Roanoke Valley local govemments might like to be included in the invitation to the Governor; whereupon, it was the consensus of the Council and the Board that the two Clerk's would draft a communication extending the invitation to the Governor to be signed by the Mayor I and/or Chairperson of those localities wishing to participate in the meeting. (The 392 invitsUon to the Governor was extended pursuant to com..m, unicaUon under date of January 11, 1995, by the Mayor and/or Chairperson of the City of Roanoke, Roanoke County, the Town of Vinton, and the City of Salem.) REGIONAL CONSIDERATION OF A SMALL BUSINESS INCUBATOR: Mr. McCadden requested that the Roanoke County Board of Supervisors consider participating in a study regarding a regional approach to a small business incubator;, whereupon, it was agreed that City staff would fax pertinent information to Roanoke County officials for consideration. REGIONAL CONSIDERATION OF AN ATHLETIC/SKATING RINK PRACTICE FACILITY: In the interest of time, Mr. McCedden withdrew the item. STATUS REPORT ON AREAS OF COOPERATION: Mr. Hodge referred to a document under date of May 27, 1994, listing areas of cooperation between Roanoke County, Roanoke City, Salem, Vinton, Botetourt and certain other localities. (For full text, see document on file in the City Clerk's Office.) I UPDATE ON TOWERS PERRIN STUDY: Mr. Herbert advised that representatives of Towers Perrin have met with all of the localities participating in the study, with the exception of the City of Roanoke, and a meeting will be held with City officials later this week, with a report to localities within 45 days. UPDATE ON THE GREENWAYS CORRIDOR STUDY: Mr. Herbert advised that the City is moving forward with the open space study to be prepared by the Fifth Planning District Commission, and City Council appropriated $31,000.00 for the project which may be used to enhance the study if outside professional assistance is needed. TRANSIT: Vice-Mayor Edwards expressed concern with regard to proposed budget cuts over a five year pedod in the area of public transit, and pointed out that mass transit is increasingly becomin.g, a County matter aa well as a City matter and should be ,m addressed as a cooperative venture in the future.I 393 Mr. Eddy suggested that the Fifth Planning District Commission undertake a I study In regard to public transit. There being no further business, the Mayor and Chairman declared the joint informal meeting adjoumed at 2:40 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 394 REGULAR WEEKLY SESSION---ROANOKE CiTY COUNCIL January 23, 1995 10:00 a.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, January 23, 1995, at 10:00 a.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reaular Meetinps. of Section 2-15, Rules of Procedure. Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Delvis O. McCadden, Linda F. Wyatt, Elizabeth T. Bowies, John S. Edwards and Mayor David A. Bowers ........................... 5. ABSENT: Council Members John H. Parrott and William White, Sr.- ......... 2. OFFICERS PRESENT: W. Robert Herbert, City Manager;, James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attomey; James D. Griaso, Director of Finance; and Sandrs H. Eakin, Deputy City Clerk. The meeting was opened with a prayer by The Reverend G. Ernest Deyerle, II, Pastor, Red Hill Church of the Brethren. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Co.nsent Agenda and considered separatel.y. He called specific attention to two requests for Executive Session to discuss disposition of publicly held property, specifically conveyance of a small portion of a parcel devoted to public use for access purposes; and to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council. 395 ACTION: COMMITTEES-COUNCIL: A communic~on from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Sec~on 2.1-344 (AX1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowies moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), ss amended. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowles, Edwards and Mayor Bowers ............................................... 5. NAYS: None ..................................... --0. (Council Members Parrott and White were absent.) COMPLAINTS-TAXES-LICENSES: A report of the City Attorney with regard to remarks of Ms. Lola R. Reynolds-Lee relating to the business license tax for fortunetellers and ownership of a wall located near the intersection of Patterson Avenue and Ninth Street, S. W., was before Council. The City Attorney advised that during the January 9, 1995 Council meeting, Mrs. Lola R. Reynolds-Lee addressed Council with two concerns; viz: (1) whether the City of Roanoke has the authority to impose upon fortunetellers a license tax of $1,200.00 per year; and (2) seeking assistance in determining whether the City claims any interest in a wall located at or near the intersection of Patterson Avenue and Ninth Street, S. W.; that with regard to the first question, the City Attorney is of the opinion that a $1,200.00 license tax upon fortunetellers is authorized by State law, inasmuch as Section 58.1-3726 of the Code of Virginia (1950), as amended, provides that no license tax on fortunetellers shall excse(L $1,000.00 per year, however, Section 50.1-3706(B) of the State Code allows localities which had a higher license tax rate as of January 1, 1978, to maintain a higher rate; that as of January 1978, the City's license tax for fortunetellers was $1,500.00 (see Title 6, Chapter 8, Section 70, of the Code of the City of Roanoke 396 ACTION: (1956), as amended); and pursuant to Ordinance No. 24837, adopted on September 17, 1979, and effective January 1, 1980, the City amended, its I Code to provide a $1,200.00 license tax on fortunetellers (see Section · 19-74 of the Code of the City of Roanoke (1979), as amended), therefore, the City's current license tax for fortunetellera in the amount of $1,200.00 is authorized by State law. It was further advised that on January 18, 1995, the City Attorney met with Mrs. Reynolds-Lee, at which time, she raised another issue, claiming that she is not a fortuneteller, instead, she is a palm reader; that the City Attorney advised that in his opinion a palm reader is included in the definition of e fortuneteller as that term ia used in Section 19-74 of the City Code, which provides that the term fortuneteller is defined by the Guidelines issued by the Department of Taxation, Commonwealth of Virginia, and the Guidelines provide that a "fortuneteller" includes a practitioner of palmistry;and after receiving his explanation of the matters, Mrs. Reynolds-Lee expressed the opinion that the City's license tax of $t,200.00 is too high and should be reduced, and she may continue to advocate reduction of the tax. The City Attorney pointed out that with regard to the second issue presented by Mrs. Reynolds-Lee, the matter of determining whether the City claims any interest in a wall located at or near the intersection of Patterson Avenue and Ninth Street, S. W., a letter was issued to Mrs. Reynolds-Lee stating that the City makes no claim in ownership to the subject wall, which was built by either Mrs. Reynolds- Lee or a previous owner of the property commonly known as 902 Patterson Avenue, S. W.; and the wall benefits 902 Patterson Avenue, S. W., therefore, the City has no claim to the wall, which determination should assist Mrs. Reynolds. Lee in obtaining compensation from her insurance cartier for damage done to the wall. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies moved that the report be received and filed. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowies, Edwards and Mayor Bowers- - ~- ................................... 5. NAYS: None ..................................................-0. (Council Members Parrott and White were absenL) 397 OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING DEPARTMENT: A communication from Howard W. Childress, Sr., tendering hie resignation aa a member of the Building Maintenance Code of Appeele Board, was before Council. (For full text, see communication on file in the City Clerk'e Office.) ACTION: Mrs. Bowles moved that the communication be received and filed and that the resignation be accepted with regreL The motion was seconded by Ma. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowles, Edwarde and Mayor Bowers ............................................ 5. NAYS: None ................................ -0. (Council Members Parrott and tNhite were absent.) CITY MANAGER-COUNCIL: A report of the City Manager requesting that Council meet in Executive Session to discuss a matter with regard to disposition of publicly held property, specifically conveyance of a small portion of a parcel devoted to public use for m access purposes, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) ACTION: Mrs. Bowies moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to disposition of publicly held property, specifically conveyance of a small portion of a parcel devoted to public use for access purposes, pursuant to Section 2.1-344 (A}(3), Code of Virginia (1950), as amended. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowles, Edwards and Mayor Bowers ....................................................... 5. NAYS: None .............................................. -0. (Council Members Parrott and White were absent.) 398 ACTION: OATHS OF OFFICE-COMMITTEES-YOUTH: A report, of qualification of Sherman A. Holland as a member of the Youth Services Citizen Board, for a term ending May 31, 1996, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members McCedden, Wyatt, Bowles, Edwards and Mayor Bowers - - ................................ -5. NAYS: None ........................................ -0. (Council Members Parrott and INhite were absenL) ~ENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. OTHER HEARING OF CITIZENS: None. PETITIONS AND GOMMUNiCATIONS: BUDGET-BONDS~BOND ISSUES-SCHOOLS-EQUIPMENT: A communication from the Roanoke City School Board requesting appropriation of $64,721.00 in 1995 bond issue proceeds to provide funds for installation of computer networks in the six middle schools, was before Council. A report of the Director of Finance concurring in the request of the School Board, was also before Council (For full text, see report~ on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (ff32346-012395) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 37.) 399 ACTION: Ms. Wyatt moved the adoption of Ordinance No. 32346-012395. The motion wee eeconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowies, Edwards and Mayor Bowerz ---: .................. .5. NAYS: None ..................... (Council Members Parrott and White were absent.) Ms. Wyatt offered the following resolution: (#32347-012395) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for installation of computer networks in the six middle schools in the City and declaring the City's intent to borrow to fund or reimburse such expenditures. (For full text of Resolution, see Resolution Book No. 57, page 38.) ACTION: Ms. Wyatt moved the adoption of Resolution No. 32347-012395. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowies, Edwards and Mayor Bowers .............................................. -5. NAYS: None .................................................... 4). (Council Members Parrott and White were absent.) COMMITTEES-PLANNING-FIFTH PLANNING DISTRICT COMMISSION-GREENWAY SYSTEM: A communication from Wayne G. Strickland, Executive Director, Fifth Planning District Commission, requesting the appointment of three City representatives to serve on a Steering Committee for development of an Open Space Plan for the Roanoke Valley, was before Council. Mr. Strickland advised that the Fifth Planning District Commission, in cooperation with the planning staffs of Roanoke City, Roanoke County, City of Salem and Town of Vinton, is preparing an Open Space Plan for the Roanoke Valley; that local citizens have shown great interest in greenways in recent mo.nth, s; that the timing of this I grsssroota advocacy coincides with the t, mlng of the Commission's 400 ACTION: open space planning process, providing an ideal opportunity to involve the public in the planning before momentum fades; that open space planning in any community should be an on-going effort, and the Commission anticipates being involved with such local efforts in the coming years, however, in setting a June 30, 1995, deadline for the plan, the Commission hopes to respond to priority needs while building the groundwork for future open space planning; that the purpose of his communication is to request the appointment of three City representatives to serve on a Steering Committee for development of an Open Space Plan for the Roanoke Valley. It was further advised that the Steering Committee will be a key factor in the success of the effort, with staff members now preparing an inventory of public land, semi- public open spaces, rivers, creeks and reservoirs; and the Fifth Planning District Commission will be using its GIS (computerized mapping) to map the locations of the elements of the inventory, that will be given to the Steering Committee which will use it to identify opportunities for open space uses and linkages between uses; and the Steering Committee can solicit additional public input as needed and recommend further action. (For full text, see communication on file in the City Clerk's Office.) Ms. Wyatt moved that the matter be refewed to the City Manager for report and recommendation to Council. The motion was seconded by Mrs. Bowles and adopted. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-COUNCIL-CITY PROPERTY-ECONOMIC DEVELOPMENT: The City Manager submitted a written report recommending that Council call a special meeting on Saturday, February t8, 1995, to begin at 8:30 a.m., in the Conference Room adjacent to the administrative offices of the Roanoke Regional Airport, for the purpose of holding a work session to review current and previous financial data and trends in order to develop a better 401 ACTION: under~anding of the financial condiUon of the City of Roanoke and to identify some of the financial challenges the City faces in the near future. (For full text, see report on file in the City Clerk's Office.) Mm. Bowles offered the following resolution: (#32348.012395) 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. 57, page 39.) Mrs. Bowles moved the adoption of Resolution No. 32348-012395. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowles, Edwards and Mayor Bowers ............................................ -5. NAYS: None ............................................ -0. (Council Members Parrott and White were absent.) POLICE DEPARTMENT-BONDS/BOND ISSUES-WORKERS COMPENSATION-CITY EMPLOYEES-PERSONNEL DEPARTMENT: The City Manager submitted a written report advising that Resolution No. 4748, adopted on February 28, 1936, established a policy for payment of a salary supplement to injured employees in the Fire and Police Departments for a period of 60 days; that the intent of the salary supplement was to ensure that a police officer or firefighter will receive his full salary if an accident occurs on the job and causes the employee to lose time from work; that Sergeant William Moesr of the Roanoke City Police Department suffered a significant job-related injury on January 23, 1991, when he fell into the basement of a vacant building through an open floor covered with black plastic; that the accident was accepted by the City Workers' Compensation Program; and Council approved supplemental salary payments to Sergeant Moser because it was clear he would qualify for the benefit by being unable to work after 60 daye. 402 ACTION: .It was further advised that City staff, including employees from the C~ty Attomey'e Office, the Director of Public Safety, Personnel Management and Risk Management have evaluated Mr. Moser's case, and based on the evaluation, including the fact that Mr. Moser has reached maximum medical improvement and is unable to refum to full time City employment, it is anticipated that Mr. Mossr will retire on occupational disability effective March 1, 1995; and authorization by Council is necessary in order to extend salary supplements until February 28, 1995. The City Manager recommended that Council authorize salary supplements to continue until February 28, 1995, for Sergeant Moser. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (#32349-012395) A RESOLUTION extending the pay benefits provided for by Resolution No. 4748 for a certain employee of the City. (For full text of Resolution, see Resolution Book No. 57, page 40.) Ms. Wyatt moved the adoption of Resolution No. 32349-012395. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowles, Edwards and Mayor Bowers ..................................................... 5. NAYS: None ................................................ -0. (Council Members Parrott and White were absent.) BUDGET-BONDS/BOND ISSUES-PARKS AND RECREATION- REFUSE COLLECTION-REAL ESTATE VALUATiON-PUBLIC WORKS- EMERGENCY SERVICES-PERSONNEL DEPARTMENT-GRANTS- RECYCLING-SNOW REMOVAL-ECONOMIC DEVELOPMENT-SCHOOLS- WATER RESOURCES-EQUIPMENT: The City Manager submitted a wr~ttsn report advising that the Governor declared a state of emergency to exist in the Commonwealth of Virginia as a result of the ice storm which occurred on February 8, 1994, and subsequently, a Presidential Declaration for public assistance only was received for the State; that on April 25, 1994, Council adopted Resolution No. 31957-042594, granting authority to apply for disaster relief and to designate an agent; 4O3 that the City's cost relative to the February ice storm was initially estimated at $550,000.00, which included approximately $350,000.00 for Roanoke City School damages, some of which were covered by insurance, with others not eligible for reimbursement; that categories eligible for reimbursement included emergency measures, overtime, debris removal and permanent damage to buildings and streets; and on June 9, 1994, the City received $6,930.00 from the Commonwealth of Virginia, Depa. t,,ent of Emergency Services, for payment for repairs to Carvins Cove Fishing Pier, which funds were deposited in the Water Fund to be appropriated whenever repairs are performed. It was further advised that on December 5, 1994, the Commonwealth of Virginia, Department of Emergency Services, notified the applicant's agent that the project application for the remaining City of Roanoke disaster costs was approved for claimed eligible costs incurred as a result of the ice storm occurring on February 8, 1994; that payment totalling $244,825.00 was wire-transferred to the City on December 5, 1994; that the subgrent approval provides assistance totalling $244,825.00 (99 per cent of eligible costs), including $5,830.00 for aubgrentee administrative costs, which amount was based on the Damage Survey Reports which were approved by the Federal Emergency Management Agency (FEMA) and the State Department of I Emergency Services; that a total of two projects were include.d in the subgrant, including funding for ice storm debris removal and ice and snow removal/emergency operations; that seven additional Damage Survey Reports, totalling $107,118.00, for school building repairs have been suspended pending notification by the School Administration for the amount of insurance coverage; and school officials are working to obtain notification of insurance coverage, and once the infor,t~ation is known, the remaining damage survey reports can be settled. It was pointed out that since the majority of clean-up and repair operations were completed prior to the end of fiscal year 1993-94, the payment is a reimbursement of costs incurred and can now be used to fund current operating needs, which include the following: school share of disaster funding ($15,273.00) - costs incurred by the Roanoke City Schools for debris removal and other clean up from the ice storm; Water Fund costs incurred ($3,465.00) - for clearing of fire trails around Carvins Cove as a result of the ice storm; 404 reimbursement to City operating departments for cost of storm clean-up incurred during fiscal year 1994-95 ($30,303.00) - the departments of Solid Waste Management, Recycling, and Parks and Grounds Maintenance incurred costs related to the February ice storm clean-up, which included rental of equipment (tub grinder - $26,000.00), fuel costs ($204.00), and personnel costs ($4,099.00) for operation of the equipment; that funds were not budgeted in the currant year accounts to pay for these coats; funding for office renovations/rental for the Office of Real Estate Valuation ($62,513.00) - provides for renovation of existing office space in the Municipal Building, furniture and equipment and office rental for the residential assessment team; that renovation costs for the existing office space is anticipated to be $27,300.00; that in addition, office space will be leased for the residential assessment team at a rantal cost of $2,003.29 per month; that office rental for the months of March through June will cost $8,013.16; that furnishings and equipment for both locations will be $27,200.00; funding for the Regional Economic Development Partnership ($48,199.00) - the Roanoke Valley Economic Development Partnership requested $144,596.00 ($1.50 per capita) in funding from the City of Roanoke for fiscal year 1994-95; that in the General Fund operating budget, a funding allocation of $96,397.00 ($1.00 per capita) was approved; that the remaining $48,199.00 requested was not funded with the understanding that funds would be identified and appropriated during the current fiscal year; and increase in General Fund Contingency ($85,072.00) - the balance remaining can be deposited in the General Fund Contingency account to be available for unforeseen operating needs, with the new balance in that account to be $326,863.00. The City Manager recommended that Council appropriate funding, in the amount of $244,825.00, to the following accounts: 405 Transfer to School Fund I Account No. 001-004-9310-9530 $15,273.00 Transfer to Water Fund Account No. 001-004-9310-9502 3,485.00 Recycling Account No. 001-052-4211-1003 Account No. 001-052-4211-3070 3,935.00 20,000.00 Solid Weeta Management Account No. 001-052-4210-2038 2O4.00 Parks and Grounds Maintenance Account No. 001-052-4340-1003 164.00 Office of Real Estate Valuation Account No. 001-023-1235-3075 Account No. 001-023-1235-9015 Account No. 001-023-t 235-9020 8,013.00 27,200.00 27,300.00 Regional Economic Development Agency Account No. 001-002-7220-3718 Contingency Account No. 001-002-9410-2199 48,199.00 85.072.00 .44.929.oo The City Manager further recommended that the Director of Finance be authorized to increase the revenue estimate for Account No. 001-020-12340709, Ice Storm of 1994, to appropriate $3,485.00 to Water Fund expenditure Account No. 002-056-2160-2010, and to increase the revenue estimate in Water Fund Account No. 002-020-1234-0951. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: 406 ACTION: (#32350-012395) AN ORDINANCE to amend and reordsin certain sections of the 1994-95 General and Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 41.) Mr. McCadden moved the adoption of Ordinance No. 32350- 012395. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowles, Edwards and Mayor Bowers ........................ -5. NAYS: None ............................................ -0. (Council Members Parrott and White were absent.) WATER RESOURCES-STREETS AND ALLEYS: The City Manager submitted a written report advising that on September 13, 1993, Council accepted a bid submitted by H. Hamner Gay & Co., Inc., for Carvins Cove Filter Plant Improvements - Phase II, Contract B-I, with work having comme.n, ced as of October 7, 1993; and the project is nearing completion, w,th all work expected to be completed by the end of January 1995. It was further advised that the project extends a water main from Florist Road near Orlando Street southward to the Hollins Road crossing of the railroad near old Mountain Road; that the proposed water main crossed Hershberger Road and Williamson Road, with the original plan calling for both of the crossings to be installed by boring or tunneling; that the contractor was allowed to install both of the crossings by open cut excavation because of the presence of other utilities and rock; that after the work was completed, the contractor requested payment for the crossings at the bid price for a bored crossing, which request was denied because the cost of open cut excavation is significantly lower than the cost to bore or tunnel; that the contractor has made several proposals for additional compensation alleging extra work was required to install the water crossings due to high traffic volumes, time constraints and the presence of existing utilities, with all proposals having been rejected because of excessive costs; that the contractor's current request for additional compensation is based upon actual costs and is considered fair and full compensation for all work involved; that the actual cost of labor, 407 equipment and materials for the two crossings have been submitted by I the contractor and review, ed by City staff; and the proposed Change Order .No. 2 is a net credit in the amount of $47,413.56, with the current financial status of the contract, as follows: Original Contract Amount Change Order No. 1 Proposed Change Order No. 2 $2,924,017.00 3,220.00 ( 47,413.56~ New Contract Amount The City Manager recommended that Council approve the City Manager's issuance of Change Order No. 2 to the contract with H. Hamner Gay & Co., Inc., in the credit amount of $47,413.56 and zero additional calendar days for completion of the work. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency ordinance: (f~32351-O12395) AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with H. Hamner I Ga & Co. inc.. in connection with Carvins Cove Filter Plant Improvements - Phase II, Contract B-t; and pro~nd,ng for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 43.) ACTION: Mr. McCadden moved the adoption of Ordinance No. 32351- 012395. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowles, Edwards and Mayor Bowers ...................................................... 5. NAYS: None ..................................................... -0. (Council Members Parrott and White were absent.) WATER RESOURCES-STREETS AND ALLEYS: The City Manager submitted a written report advising that on June 28, 1993, Council accepted a bid submitted by H. Hamner Gay & Co., Inc., for Carvins Cove Filter Plant Improvements - Phase II, Contract C-2, with work on 408 the project having commenced aa of August 12, 1993; and the project is nesdng completion, with all work expected to be completed by the end of January. It was further advised that the project extends a water main from 13th Street, S. E., at the Roanoke River along Riverland Road to the general vicinity of Walnut Avenue and includes two water storage tanks and a pump station; that two items of work related to the ground storage water tank were omitted from the original bid, which include fencing around the tank area and a drain line for the tank; that both items have been authorized to avoid delay claims or additional mobilization costs, with the value of the fencing to be $6,500.00 and the drain line to be $1,500.00; that the Project Manager agreed to pave a driveway for Douglas W. McDaniel, Sr., and Patricia L McDaniel as full compensation for a water easement on the same property; that the subject water easement is approximately 2,000 feet long, and follows the McDaniel driveway for approximately 1,300 feet, which area would require in-kind restoration, with the total length of the driveway being approximately 1,600 feet; that the paving was omitted from the original bid documents; that the cost of the required paving is $10,685.00; and Change Order No. 3, in the amount of $18,685.00, will pay the cost of the paving, the fencing around the water tank and the drain line for the tank, with the financial status of the contract, as follows: _ Original Contract Amount $2,334,635.00 Change Order No. 1 6,973.18 Change Order No. 2 ( 11,250.00) Proposed Change Order No. 3 18.685.00 New Contract Amount The City Manager recommended that Council approve the City Manager's issuance of Change Order No. 3 to the City's contract with H. Hamner Gay & Co., Inc., in the amount of $18,685.00, and zero additional calendar days for completion of the work. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: 409 (~32352-012395) AN ORDINANCE approving the City Manager's I issuance of Change. Order No. 3 to the City's contract with .Fl... Hamner Gay & Co., Inc., ,n connection ,.w~.th Carvina Cove F,Itsr Plant Improvements - Phase II, Contract C-2, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. ST, page 44.) ACTION: Ms. Wyatt moved the adoption of Ordinance No. 32352-012395. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowies, Edwards and Mayor Bowers .................... - ....................-5. NAYS: None ........................................... -0. (Council Members Parrott and White were abasnL) POLICE DEPARTMENT-SEWERS AND STORM DRAINS- BUILDINGIBUILDING DEPARTMENT-CITY EMPLOYEES-UTILITY LINE SERVICES-EMERGENCY MEDICAL SERVICES-FLEET MAINTENANCE FUND-EQUIPMENT: The City Manager submitted a written report I advising that bulk .refuse containers ars located at various City facilities and require collection services to be performed on a scheduled basis; that in a cooperative effort with the Roanoke Redevelopment and Housing Authority, specifications were developed and along with a request for quotations were sent to seven vendors currently listed on the City's bid list; that the Roanoke City Schools ars currently under an agreement for bulk collection service and could not participate at this time; and that three bids were received and publicly opened and read on Decemi~er 2, 1994, with the lowest responsible bid being submitted by BFI, Inc. The City Manager recommended acceptance of the bid submitted by BFI, Inc., for a 24 month period, for the cost of $25.00 per unit, per pickup, and rental of approximately eight containers per year for various weekend special events at a cost of $1.50 per unit, per day. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: 410 ACTION: "A RESOLUTION accepting a bid made to the City for providing bulk container collection service; and rejecting all other bids made to · the City." Mr. McCadden moved the adoption of the Resolution. The motion was seconded by Mre. Bowies. Mr. McCadden Inquired as to how long ago the previous contract was enacted; whereupon, Mr. D. Darwin Roupe, Manager of General Services, advised that the contract was entered into one year ago. Mr. McCadden questioned the reason for the increase from $19.80 to $25.00 in a one year period; whereupon, Mr. Roupe explained that there has been an increase in the tipping fee at the landfill, as well as the fact that this is a two year contract. Mr. McCaddsn inquired as to whether the bids have I~=n compared with those in other localities; whereupon, Mr. Roupe advised that this bid is a cooperative bid with the Roanoke Redevelopment and Housing Authority, with the bids having been collectively sought, and that it had been anticipated that the School Board would participate in the bid, however, the schools are currently engaged in a contract. Mr. McCadden commented that, in his opinion, an increase from $19.80 to $25.00 per unit for a two year period for bulk container service [] is a massive increase. Mr. Edwards inquired of Mr. Roupe as to whether he had an initial estimate as to the anticipated amount of the bids; whereupon, Mr. Roupe advised that he did not have an initial estimate, other than the bids from the prior year. Mr. Edwards stated that this seems to be a steep increase for one year without a good reason and he would feel more comfortable having some explanation as to what the rationale is for the substantial increase. Mr. William F. Clark, Director of Public Works, pointed out that the amount the City pays for refuse collection increased by $5.00 per ton one year ago and that amount will increase another $5.00 next year, and that the increase is due to the agreement with the Roanoke Valley Resource Authority to handle the trash through the Transfer Station and haul it by mil to the Smith Gap Landfill; and that since the City has experienced those kinds of increases, he would not be surprised that the commercial sector has likewise experienced similar cost increases per ton. 411 Mr. Edwards stated that he is not satisfied that the City should be paying such a substantial increase in a one year period and he would lika to asa a further review as to what the reasons are for these steep increases. Ms. Wyatt also expressed concom with the increase in cesta, and stated that it is her understanding that BFI, Inc. has a contract in Bedford, and requested that the staff contact Bedford officials to determine whether Bedford is paying a like amount for this service. Mr. Roupe advised that he would contact the appropriate person in Bedford to obtain this information. Mr. McCadden offered a substitute motion that action on the matter be postponed until the regular meeting of Council on Monday, February 13, 1995, pending receipt of further information. The motion was seconded by Mr. Edwards and adopted. HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that the Virginia Housing Partnership Fund (VHPF) is provided by the Virginia Department of Housing and Community Development (DHCD) for various housing assistance activ, iti.es; that the City has received significant funding as a program I from the VHPF in years, including a $260,000.00 admlnl.strator rece.n.t allocation for the Rental Rehabilitation Program and a $540,000.00 allocation for the Urban Rehabilitation Program in 1994; that HomeSTART is a new $8.6 million program of the VHPF recently announced by DHCD to provide $6.0 million in three per cent 30 year second mortgages and $2.6 million in zero interest forgivable deferred payment loans directly to eligible home buyers (estimated 600-600 recipients statewide) for up to 25 per cent of the property's acquisition cost, thereby significantly reducing the amount of cash needed (to as little as $$00.00) to purchase a home and reducing home buyer's monthly house payment; that HomeSTART loans will be made directly to home buyers by DHCD only in areas with approved local program administrators on a first-come, first-sarve basis statewide; that local administrators will not receive allocations or reservations for funds and no funds will pass through local administrator accounts; that program administrators will be responsible for local program design, delivery and marketing; that the City Administration wishes to submit an application to the Virginia Department of Housing and Community Development to be approved as a HomeSTART program administrator; and endorsement of submission of an application by Council is required by the DHCD. 412 The City Manager recomntended that he be authorized to submit mr an appli.c?.tion for approval as a .HomeSTART pr~.ram administrator to [] the Virginia Deparlment of Housing and Commumty Development; and that he be authorized to execute appropriate documents, in a form to be approved by the City Attomey, designating the City as a HorneSTART program administrator, if and when approved by DHCD. (For full text, see report on fils in the City Clerk's Office.) Mr. McCadden offered the following resolution: (#32353-012395) A RESOLUTION authorizing the City Manager to submit an application with the Virginia Department of Housing and Community Development, in conjunction with the City of Roanoke Redevelopment and Housing Authority, for approval of the City and the City of Roanoke Redevelopment and Housing Authority as a HomeSTART program administrator, and to execute other documentation, if the application is approved. (For full text of Resolution, see Resolution Book No. 57, page 45.) The Assistant City Manager pointed out that the Resolution had been revised to include the Roanoke. Redevelopment and Housing [] Authority in the application, and explmned that the Housing Authority had expressed an interest in being included in the application, and it was decided that both programs would be stronger if a joint application was made; and therefore, the revised Resolution provides for a joint application by the City of Roanoke and the Roanoke Redevelopment and Housing Authority. Upon question from Mr. Edwards, Mr. H. Daniel Pollock, Housing Development Coordinator, provided an explanation of the role of a HomeSTART program administrator. Mr. McCadden inquired as to the effect of a joint application of the City and the Roanoke Redevelopment and Housing Authority as far as any obligation from one to the other because of the joint filing; whereupon, Mr. Pollock stated that the responsibilities of program administrator will be shared between the City and the Housing Authority; that the City and the Housing Authority have individually been program administrator on a number of programs from the State, 413 and this is the first time the City has formally shared responsibility or submitted a Joint application for program administration; and that the details of thoss arrangements will be worked out through negotiations with the City and Housing Authority administrations. ACTION: Mr. McCadden moved the adoption of Resolution No. 32353- 012395. The molion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowies, Edwards and Mayor Bowers .......................... - .............. -5. NAYS: None ..................................... -0. (Council Members Parrott and White were absent.) EASEMENTS-CITY PROPERTY-ROANOKE VALLEY RESOURCE AUTHORITY: The City Manager submitted · written report advising that the City of Roanoke is the owner of 64.0 per cent, interest in a tract of land encompassing approximately 241 acres in southeast Roanoke County, with Roanoke County owning 31.2 per cent and the Town of Vinton owning 4.8 per cent, which property has been used since 1976 I b.y the Roanoke. Valley Regional Solid Waste Management Board to d,spose of sol,d waste, pursuant to the July 23, 1975 Landfill Agreement between the City of Roanoke, Roanoke County and the Town of Vinton; that the Landfill Agreement, which expires on July 31, 1995, provides that "should the agreement be terminated or should none of the parties desire to establish a regional recreational area or other authorized use as hereafter agreed by the parties, the property utilized for landfill purposes shall be sold at public auction to the highest bidde~"; that sale of property previously used as a landfill is not feasible due to State and Federal regulations, which require stringent closure and post closure procedures; that very few entities now wish to own a closed landfill, and the party responsible for operating a landfill must ensure continuing compliance with State and Federal regulations; that closure and post closure care responsibilities have been contracted by the City of Roanoke, Roanoke County, Town of Vinton and Roanoke Valley Regional Solid Waste Management Board to the Roanoke Valley Resource Authority; that interest and discussion in recent months concerning eventual disposition of the property has centered around conveying an easement interest to the U. S. Department of the Interior for the Blue Ridge Parkway spur, protection 414 ACTION: buftsm leading to the Explore Project, and a lease or f.ea simple sale to the Virginia Recreation Authority of certa!n surface rights, to manage · projects such as animal grazing, nature tra, le, etc; that donation by the City, County and Town of fee simple title to the Authority has been suggested by letter dated January 24, t994, from the Authority; that a condition of acceptance of title by the Authority is guidance, if any, the current property holders would care to recommend regarding subsequent property disposition, management and utilization; that dieposal of solid waste at the landfill ceased on May 14, 1994; that restrictive use covenants have been requested by the National Park Service and are necessary to protect the Authority and the City, County and Town from future environmental liability, with the uses being more fully described in the Declaration of Protective Covenants, which is attached to the City Manager's report. The City Manager recommended that Council approve the execution and recordation of the Declaration of Protective Covenants and a deed of easement for a certain 89.964 acre easement to the Federal Govemment and a dccd of donation of the City's interest in the former landfill property in southeast Roanoke County to the Roanoke Valley Resource Authority, subject to the following conditions: subsequent transfer(s).of property right(s) ara to be at no · expense to the Authority; and Roanoke County and the Town of Vinton agree to execute and record the Declaration of Protective Covenants, a d=cd of easement to the Federal Government, and a deed for donation of their property interest to the Roanoke Valley Resource Authority. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards moved that the following ordinance be placed upon its first reading: (#32354) AN ORDINANCE authorizing the application of restrictive covenants to the former landfill property located in the Dundee Section of Southeast Roanoke County; authorizing the conveyance of an easement over such property to the United States of 415 America for right-of-way for a Blue Ridge Parkway spur; and authorizing conveyance of the City's sixty-four per cent (64%) interest in such property to the Roanoke Valley Resource Authority. (For full text of Ordinance, see Ordinance Book No. 57, page 54.) The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowies, Edwards and Mayor Bowers ............................................ -5. NAYS: No;:.: (Council Members Parrott and White were absent.) SEWERS AND STORM DRAINS-GENERAL SERVICES-HUMAN DEVELOPMENT-PUBLIC WORKS-UTILITY LINE SERVICES-CMERP- EMERGENCY MEDICAL SERVICES-FLEET MAINTENANCE FUND- EQUIPMENT: The City Manager submitted a written report recommending acceptance of the lowest responsible bids submitted for certain vehicular equipment for. various City departments. I (For full text, see report on file ,n the City Clerk's Office.) The Mayor requested that the matter be held over until the end of the agenda in the event that Mr. Parrott may arrive, inasmuch as it would be necessary for him to abstain from voting and the measures would require four aff~¢,,ative votes. The Mayor advised that without objection, the matter would be held over to the end of the agenda. DIRECTOR OF FINANCE: BUDGET-DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of December, 1994. (For full text, see financial report on file in the City Clerk's Office.) ACTION: Mr. McCadden moved that the financial report be received and filed. The motion was seconded by Mrs. Bowles and adopted. 416 ACTION: CITY ATTORNEY: LEGISLATION-EMERGENCY SERVICES-VIRGINIA TRANSPORTATION MUSEUM-GRANTS-HARRISON HERITAGE CENTER-TOURISM-ARTS COUNCIL OF ROANOKE VALLEY-CENTER IN THE SQUARE: The City Attorney submitted a written report advising that during the joint meeting of City Council and the Roanoke County Board of Supervisors held on Monday, January 9, 1995, M. Rupert Cutler, Executive Director of Explore, advised of the Governor's proposal to reduce the State appropriation for Explore by 50 per cent during the second year of the current Biennium; that Council expressed cone. em with respect to the reduction, as well as proposed reductions for other Roanoke Valley cultural agencies; that the Office of the City Attorney has drafted a resolution urging the Governor and General Assembly to restore funding to Roanoke Valley cultural agencies for the second year of the 1994-96 Biennium; that the resolution identifies seven Roanoke Valley cultural agencies that receive direct funding from the Commonwealth of Virginia and four agencies that receive indirect funding through grants from the Virginia Commission for the Arts; and the Governor's proposed budget amendments recommend a reduction in funding for the Virginia Commission for the Arts in the amount of 33.1 per cent for the second year of the Biennium, therefore, local gra? f?m the Commi.,.aion ca, cuJtureJ agencies that receive reasonably expect considerable reductions ,n the,r grant fund,ng during the second year of the Biennium. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following resolution: (#32355-012395) A RESOLUTION urging the Govemor and the General Assembly to restore funding to Roanoke Valley cultural agencies for the second year of the 1994-96 Biennium. (For full text of Resolution, see Resolution Book No. 57, page 47.) Mr. Edwards moved the adoption of Resolution No. 32355- 012395. The motion was seconded by Mrs. Bowles. The Mayor inquired if there were persons present who would like to address the matter; whereupon, George W. Logan, Chairman of the Board, Center In The Square, appeared before Council and urged the adoption of the Resolution. He encouraged the City's continued support of Center In The Square and its activities, and stated that he 417 sees Center In The Square as an economic development tool and secondly, as an educational institution; that although it is a cultural institution that houses cultural facilities, he is not aware of any economic development effort or prospect that The Regional Partnership or other entity may launch in this area that has not included Center In The Square on its tour; and that he is very appreciative of the City"s continued leadership and support of Center In The Square and encouraged Council's adoption of the Resolution urging the Governor not to cut funding to Center In The Square. Mr. Logan further stated that he is personally very opposed to the repeal of the BPOL tax inasmuch as he believes it upsets the historical order of localities' finances, and in his opinion, the tax is a cost of doing business and it is a level playing field aa long as it is applied uniformly across the political subdivision. He again expressed appreciation for the City's leadership position in support of Center In The Square. Mr. Edwards expressed appreciation t.o Mr. Logan for .his comments. He referred to one paragraph conts, ned in the Resolut, on which speaks directly to Center In The Square and commented that the Mini(et area has been tumed into a thriving commercial area; that these I cultural agencies also provide educational opportuni~es and .resources to education, as well as augment tourism by provid,ng tourist dollars to businesses, retail establishments and recreation facilities; and that the cultural agencies also augment economic development by attracting industry to the Valley and retaining existing businesses. Ms. Wyatt expressed appreciation to Mr. Logan for his comments in opposition to repeal of the BPOL tax, and agreed that from her perspective as a teacher, Center In The Square is a great teaching tool. The Mayor recognized Mr. Jim Sears, President of Center In The Square, for his presence. Resolution No. 32355-012395 was adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowles, Edwards and Mayor Bowers ............................................. 5. NAYS: None (Council Members Parrott and White were absent.) 418 ACTION: CITY CODE-COUNCIL: The City Attorney submitted a written report advising that during the Council meeting held on Monday, January 9, 1995, the Office of the City Attorney was requested to prepare an ordinance to amend Rule 1 of City Council's Rules of Procedure to provide that the regular meetings of Council held on the second and fourth Mondays of each month shall commence at 3:00 p.m., rather than 10:00 a.m., as currently provided, with no change being made with respect to public hearings which will continue to be held at 7:00 p.m., on the second Monday of each month. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: (#32356.012395) AN ORDINANCE amending and reordaining Rule 1, Reuular meetings, of §2-15, Rules of orocedure, of the Code of the City of Roanoke (1979), as amended, to provide for a new schedule of regular meetings of City Council effective February 13, 1995; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page $0.) M.a. Wyatt moved the adoption of Ordinance No. 32356-012395. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members McCadden, Wyatt, BOwles, Edwards and Mayor Bowers ..................................................... 5. NAYS: None ................................... -0. (Council Members Parrott and White were absent.) WATER RESOURCES: The City Attomey submitted a written report advising that the City sells surplus water to Roanoke County under the August 13, 1979 Water-Sewer Contract ("1979 Contract"), which relates to the ownership and conveyance of certain water and sewer lines and the sale of surplus water to the County by the City for a term of 30 years; that for t3 years, Roanoke County has made timely payments to the City for water delivered under the t979 Contract, however, in t992, the County declined to pay certain charges, and on August 11, 1992, the City of Roanoke filed suit against the County; that 419 while the parties have litigated, productive discussions have been held in an effort to amicably resolve the differences; and Council has recently been briefed during Executive Session on two occasion· with respect to a proposed settlement. The City Attorney recommended execution of an Addendum to the Water-Sewer Contract between the City of Roanoke end Roanoke County, dated August 13, 1979, end diemissal of the litigation between the City and the County, with the most important feature· of the Addendum summarized, as follows: The County will pay the City $1,250,535.86 upon execution of the Addendum to the 1979 Contract, with the foregoing figure representing the total amount withheld by the County through September 30, 1994, plus interest at the rate of four per cent (see Section I of Addendum). a The Addendum extends the term of the 1979 Contract from August 13, 2009 through June 30, 20t5 (see Section 9 of Addendum). I · The City will continue to sell bulk water to the County pursuant to a new revenue driven formula; that under the new formula, the rate charged to City customers will first be calculated, then the County rate will be calculated by applying a multiplier to the City rate; and for the first 15 fiscal years, the multiplier will be 1.25, and for the final six fiscal years, the multiplier will be 1.125 (see Section 2 of Addendum). S The County will take from the City not less than the minimum quantities of water set out in Section 3 of the Addendum. The County agrees to pay the City for water from revenues of the County water system and to fix its water rates at a level that will be sufficient to pay the City for water delivered and other charges against the system, which provision addresses an alleged constitutional defect in the 1979 Contract (see Section 4 of Addendum). 42O ACTION: ACTION: · The City agrees to dismiss its litigation against the County (sss Section I of the Addendum). ~ (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following resolution: (#32357-012395) A RESOLUTION authorizing execution of an Addendum to the Water-Sewer Contract between the City of Roanoke and County of Roanoke, dated August 13, 1979; and authorizing the dismissal of certain litigation pending between the City and County. (For full text of Resolution, see Resolution Book No. 57, page 51.) Mr. Edwards moved the adoption of Resolution No. 32357- 012395. The motion was seconded by Mm. Bowles and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowles, Edwards and Mayor Bowers ................................................. 5. NAYS: None ................................................... -0. ! {Council ~embers Parrott and White were absent.) CITY CLERK: SCHOOLS: The City Clerk submitted a written report advising of expiration of the terms of office of C. Nelson Harris and Clubert G. Poff, as Trustees of the Roanoke City School Board on June 30, 1995, and that applications for the upcoming vacancies will be received in the City Clerk's Office until 5:00 p.m., on Friday, March 10, 1995. (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 Ms. Wyatt and adopted. SCHOOLS: Inasmuch as the three year terms of C. Nelson Harris and Clubert G. Poff, as Trustees of the Roanoke City School Board will expire on June 30, 1995, the City Clerk submitted a written report 421 requesting that the following dates be established by Council in connection with the selection process for School Board Trustees, pursuant to Chapter 9, Educatioll, of the Code of the City of Roanoke (1979), as amended: On Monday, March 13, at 6:00 p.m., Second Floor Lobby of the Municipal Building, 215 Church Avenue, S. W., Council will hold an informal meeting (reception), which will be open to the public with all candidates for school trustee. On Monday, March 27, at 3:00 p.m., or as soon thereafter as the matter may be heard, Council as a Committee of the Whole, will review and consider all candidates for the 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, Apd110, at 3:00 p.m., or aa soon thereafter as the matter may be heard, Council will, by public vote, select from the field of candidates, those candidates to be accorded the formal interview and all other candidates will be eliminated from the school trustee eelec, tion .process. I The number of candidates to be granted the !ntar~ew. shall not exceed three times the number of positions available on the Roanoke City School Board, should there be so many candidates. On Monday, April 24, at 3:00 p.m., or as soon thereafter as the matter may be heard, Council will hold a public hearing to receive the views of citizens. On Thursday, April 27, at 6:00 p.m., in the City Council Chamber, Council will hold a meeting for the purpose of conducting a public interview of candidates for the position of school trustee. On Monday, May 8, at 3:00 p.m., or as soon thereafter as the matter may be heard, Council will hold an election to fill the two vacancies for terms commencing July 1, 1995, and ending June 30, 1998. (For full text, see report on file in the City Clerk's Office.) 422 ACTION: ACTION: M.s. Wyatt moved that Council concur in the recommendation. The motion was seconded by Mr. McCadden and adopted. · · REPORTS OF COMMITTEES: PURCHASE/SALE OF PROPERTY-CITY EMPLOYEES-WATER RESOURCES: Council Member Delvis O. McCadden, Vice-Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to purchase of a vacant lot located on Church Avenue, S. W. A staff report advised that in September, 1994, a plan was developed to address the Employee Parking recommendation; that on December 12, 1994, Council approved the transfer of funds to allow for the acquisition of property for the Employee Parking Project; that a vacant lot on Church Avenue, S. W., Official Tax No. 1113408 has been identified as a possible site to acquire to allow implementation of the Parking project; that the property owner has agmc. d to sell the property to the City of Roanoke for $t0,800.00; and the property has been reviewed by Willard N. Claytor, Director, Real Estate Valuation, and the amount proposed has been determined to be a fair price. The Water Resources Committee recommended that Council authorize the purchase of a vacant lot on Church Avenue, S. W., Official Tax No. 1113408, for the amount of $10,800.00. (For full text, see reports on file in the City Clerk's Office.) Mr. McCadden offered the following emergency ordinance: (#32358-012395) AN ORDINANCE providing for the acquisition of real estate commonly known as a vacant lot located on Church Avenue and identified by Roanoke City Tax Map No. 1113408, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 53.) Mr. McCadden moved the adoption of Ordinance No. 32358- 012395. The motion was seconded by Ms. Wyatt and adopted by the following vote: 423 AYES: Council Members McCadden, Wyatt, Bowies, Edwards I and Mayor Bowers -- , -5. NAYS: None ................................... -0. (Council Members Parrott and White were absent.) BUDGET-SEWERS AND STORM DRAINS-EASEMENTS-TAXES- WATER RESOURCES: Council Member Delvia O. McCadden, Vice- Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to acquisition of certain property rights needed by the City for construction of six Infiltration/ Inflow Reduction Program projects. A staff report advised that the City of Roanoke, Roanoke County, City of Salem, Town of V1nton and Botetourt County received a Special Consent Order from the State Water Control Board in June, 1992, to address the infiltration/inflow (I/I) being experienced at the Water Pollution Control Plant; that the .Sewerebed Evaluation Plan was submitted to the State Water Conbol Board on September 9, 1992; that correcting problems in six of the 15 sawersheds identified was deemed to be the most cost-effective and would have the most significant I impact on reducing I/I to the plant;.that a consultant contract .awarded at the regular meeting of Council held on March 8, t993, included various design services identified through the sewershed infiltration/inflow reduction studies; that the contract anticipated subsequent phases to be based on preliminary design studies; and two projects under construction, PC-1 and PC-2, have been completed. I, It was further advised that six projects are currently under design, with construction on certain projects to begin as early as March, 1995, if the necessary property rights have been acquired; that the majority of the proposed construction will take place in existing sanitary sewer easements; that some existing sanitary sewers are being relocated to minimize impact to structures in the vicinity, which will require the acquisition of replacement easements; that, in addition, existing easements do not provide for the temporary use of adjacent property for construction purposes (construction easements), therefore, the City needs to acquire additional easement rights to construct the projects; and authorization is needed to move forward with title work, appraisals, negotiations, and closings for acquisition of property rights, which are to be permanent easements and construction aasemeRts. 424 ACTION: The Water Resources Committee recommended that Council authorize the acquisition of all prope .fly rights needed in connection with the six projects currently being des,gned, as shown on Attachment A to the report of the Water Resources Committee and providing that no insurmountable environmental problems are encountered, with said property rights to be permanent and temporary construction easements across property as outlined in Attachments B, C, D and E. (For full text, see reports on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: (~32359-012395) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Sewage Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 54.) Mr. McCadden moved the adoption of Ordinance No. 32359- 012395. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowies, Edwards and Mayor Bowers .................................................. 5. NAYS: None.. (Council Members Parrott and White were absent.) Mr. McCadden offered the following emergency ordinance: (#32360-012395) AN ORDINANCE providing for the acquisition of property rights needed by the City for the construction of the Infiltration/Inflow Reduction Program; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing .f. or the City's a. cquisition of such pro.perry righ~ by condemnat, on, under certa,n circumstances; authorizing the C,ty 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. 57, page 55.) ! 425 ACTION: Mr. McCadden moved the adoption of Ordinance No. 32360- 012395. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowles, Edwards and Mayor Bowers ...................... - ...... -- ....... --5. (Council Members Par~ott and White were abesnL) BUDGET-EASEMENTS-TAXES-BRiDGES-CAPITAL IMPROVEMENTS PROGRAM-WATER RESOURCES-STREETS AND ALLEYS: Council Member Delvis O. McCadden, Vice-Chairperson, Water Resources Committee, presented a report on behalf of the Committee, with regard to acquisition of certain property rights needed by the City for construction of the Walnut Avenue Bridge Replacement project. A staff report advised that the Walnut Avenue Bridge over the Roanoke River was built in the 1890'a; that the bridge was raised to match the grade of the new bridge over the railway tracks in the 1920's, with the lest major work being pe. rformed in 1977 when the bridge was painted; that inspection of the bridge is made on an annual basis; that in the past several years, inspection has determined that the major components of the bridge are in marginal or poor condition; that the load rating analysis was performed in November, 1993; that the posted limit has been reduced from ten tons to eight tons, which limits the use of the bridge; that a preliminary engineering report has been completed; that the Walnut Avenue Bridge replacement is currently under design, with construction scheduled to begin in the fall of 1995; and authorization is nc-..ded to move forward with title work, appraisals, negotiations, and closings for acquisition of property rights as shown on Attachment A to the report of the Water Resources Committee. The Water Resources Committee recommended that Council authorize the acquisition of all property rights needed in connection with the Walnut Avenue Bridge project, and appropriate $60,000.00 from the Transfer to Capital Projects Account No. 001.004-9310-9508 to the Walnut Avenue Bridge Replacement Account No. 008.052-9684-9003. (For full text, see reports on file in the City Clerk's Office.) 426 ACTION: ACTION: Mr. McCadden offered the following emergency budget ordinance: i (#32361-012395) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 67.) Mr. McCadden moved the adoption of Ordinance No. 32361- 012395. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowies, Edwards and Mayor Bowers .............................. 5. NAYS: None (Council Members Parrott and White were absent.) Mr. McCadden offered the following emergency ordinance: (#3236.2-012395) AN ORDINA.N. CE providing for the acquis!tion tt of property rights needed by the City for the Walnut Avenue Bridge Replacement Project; setting a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the pamels for the purpose of commencing the project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 58.) Mr. McCadden moved the adoption of Ordinance No. 32362- 012395. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowles, Edwards and Mayor Bowers ............................................. -5. NAYS: None .................................................... -0. (Council Members Parrott and White were absent.) 427 ACTION: UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 32341 pe,,,,anentiy vacating, discontinuing and closing a certain segment of 19th Street, N. W., located between Loudon Avenue to the north and Centre Avenue to the south, and bounded by Block 23 of Hyde Park Subdivision to the west and by Block 22 of Hyde Park Subdivision to the east; and a certain segment of a 15-foot wide alley running from 19th Street eastward approximately 240 feet to the wastsmmoet boundary of the tract referred to as Official Tax No. 2211814, being the same portion of the alley located directly south of the applicant's property, having previously been before the Council for its first reading on Monday, January 9, 1995, mad and adopted on its first reading and laid over, was again before the body, Mr. McCedden offering the following for its second reading and final adoption: (#32341-012395) AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 57, page 29.) Mr. McCadden moved the adoption of Ordinance No. 32341- 012395. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowies, Edwards and Mayor Bowers ............................................ $. NAYS: None ................................................. -0. (Council Members Parrott and White were absenL) STREETS AND ALLEYS: Ordinance No. 32342 permanently vacating, discontinuing and closing a ten-foot wide alley extending from 25th Street to an alley running from Shenandoah Avenue to 24th Street, N. W., having previously been before the Council for its first reading on Monday, January 9, 1995, 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: 428 ACTION: ACTION: (#32342-012395) AN ORDINANCE permanent!y vacating, discontinuing and closing a certain public right-of-way re.the City of Roanoke, Virginia, as ars more particularly described here,nafter. (For full text of Ordinance, see Ordinance Book No. 57, page 31.) Mrs. Bowles moved the adoption of Ordinance No. 323424)12395. The motion was seconded by Mr. McCedden and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowles, Edwards and Mayor Bowers ........................................... 5. NAYS: Non-- (Council Members Parrott and White were absent.) STREETS AND ALLEYS: Ordinance No. 32343 permanently vacating, discontinuing and closing a certain segment of First Street, S. E., located in the Orchard Hill Subdivision, adjacent to property at 21 Highland Avenue, S. E., identified as Official Tax Nos. 4021501, 4021502, 4021409 and 40.2.1401; and a ce~tsin segment of an alley which divides the property frontin.g, on the 900 block ~ So~h Jefferson Street and property fronting on F,rst Street, S. W., ,dent,fled as Official Tax Nos. 1021811, 1021808, 1021807, 102805, 1021812, 1021813, 1021814, 1021815 and 1021810, having previously been before the Council for its first reading on Monday, January 9, 1995, 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: (#32343-012395) AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 57, page 33.) Mrs. Bowles moved the adoption of Ordinance No. 323434)12395. The motion was seconded by Mr. McCadden and adopted by the following vote: 429 AYES: Council Members McCadden, V~/att, Bowles, Edwards I and Mayor Bowers .............. --~ ................ 5. NAYS: None ........................................ .0. (Council Members Parrott and White wars absent.) ZONING: Ordinance No. 32344 rezoning a tract of land located at 5175 Peters Creek Road, N. W., deecdbed as Official Tax No. 6600102, from LM, Light Manufacturing District, to C-1, Office District, subject to certain conditions proffered by the petitioner, having previously been before the Council for its first reading on Monday, January 9, 1995, read and adopted on its first reading and laid over, was again before the body, Mr. McCadden offering the following for its second reading and final adoption: (~32344-012395) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 660 Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. I ACTION: (For full text of Ordinance, see Ordinance Book No. 57, page 36.) McCadden moved the adoption of Ordinance No. 32344-012395. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowles, Edwards and Mayor Bowers ................................................. --5. NAYS: None (Council Members Parrott and White were absent.) MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: None. At 11:11 a.m., the Mayor declared the meeting in recess. 430 ACTION: ACTION: At 11:42 a.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Members Parrott and White. COUNCIL: With respect to the Executive Session just concluded, Ms. Wyatt moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Wyatt, Bowles, Edwards and Mayor Bowers ..................................... 5. NAYS: None (Council Members Parrott and White were absent.) OATHS OF OFFICE-COMMITTEES-PLANNING: The Mayor advised that there is a vacancy on the City Planning Commission, created by the resignation of Paul C. Buford, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of D. Kent Chrisman. There being no further nominations, Mr. Chrisman was elected as a member of the City Planning Commission, for a term ending December 31, 1998, by the following vote: FOR MR. CHRISMAN: Council Members McCadden, Wyatt, Bowles, Edwards and Mayor Bowers ............................... 5. (Council Members Parrott and White were absent.) OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT: The Mayor advised that there is a vacancy on the Personnel and Employment Practices Commission, created by the resignation of Kitty Boitnott, and called for nominations to fill the vacancy. Mr. Edwards placed in nomination the name of Alphonzo L. Holland, Sr. 431 ACTION: ACTION: There being no further nominations, Mr. Holland was elected as member of the Personnel and Employment Practices Commission, for term ending June 30, 1997, by the following vote: FOR MR. HOLLAND: Council Members McCadden, Wyatt, Bowies, Edwards and Mayor Bowers ................................. -5. (Council Members Parrott and White were absent.) OATHS OF OFFICE-COMMITTEES-LEAGUE OF OLDER AMERICANS: The Mayor advised that the one-year te,,, of Corinne B. Gott as the City's representative to the Advisory Board of the League of Older Americane will expire on February 28, 1995, and called for nominations to fill the vacancy. Mrs. Bowles placed in nomination the name of Corinne B. Gott. There being no further nominations, Ms. Gott was reelected as the City's representative to the Advisory Board of the League of Older Americans, for a term ending February 28, 1996, by the following vote: FOR MS. GOTT: Council Members McCadden, Wyatt, Bowles, Edwards and Mayor Bowers .................................. 5. (Council Members Parrott and White were absent.) SEWERS AND STORM DRAINS-GENERAL SERVICES-HUMAN DEVELOPMENT-PUBLIC WORKS-UTILITY LINE SERVICES-CMERP- EMERGENCY MEDICAL SERVICES-FLEET MAINTENANCE FUND- EQUIPMENT: The Mayor advised that the City Manager had requested that his report recommending acceptance of the lowest responsible bids submitted for certain vehicular equipment for various City departments, be withdrawn from the agenda. The Mayor stated that without objection, the matter would be withdrawn from the agenda. 432 There being no further business, the Mayor declared the meeting adjoumed at 11:44 a.m. ATTEST: APPROVED Sandra H. Eakin Deputy City Clerk David A. Bowers Mayor 433 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL February 13, 1995 3:00 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, February 13, 1995, at 3:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Re_uulsr Meetings. of Section 2-15, Rules of Procedure. Code of the City of Roanoke (1979), as amended. PRESENT: Council Members John H. Parrott, W',lliam White, Sr., Linda F. Wyatt, Elizabeth T. Bowies, John S. Edwards, Delvis O. McCadden and Mayor David A. Bowers ................................................. 7. ABSENT: None OFFICERS PRESENT: W. Robert Herbert, City Manager, James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attomey; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. I The meeting was opened with a by Bishop Robert E. Tonkinson, Jr., pre. yer Roanoke First Ward, Church of Jesus Christ Latter-Day Saints. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. SISTER CITIES: The Mayor advised that the Council was pleased to host a luncheon earlier in the day in honor of a delegation from FlorianOpolis, Santa Catarina, Brazil, who was visiting the City of Roanoke in connection with a potential Sister City relationship; whereupon, he requested that the City Attomey and the City Clerk prepare a Proclamation declaring the City of FlorianOpolis, Santa Catarina, Brazil, as Roanoke's Sister City; and that a resolution be prepared for consideration by Council at its next regular meeting on Monday, February 27, 1995. (See Proclamation on file in the City Clerk's Office.) 434 ACTION: The Mayor advised that all matters listed under the Consent Agenda were cop.~idered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed fro. m the C.o. nssnt Agenda and considered separately. He called specific attentmn to two requests for an Executive Session to discuss personnel matters relating to vacancies on vadous authorities, boards, commissions and committees appointed by Council; and a matter relating to disposition of publicly held property, specifically conveyance of a small portion of a parcel of land devoted to public use for access purposes. MINUTES: Minutes of the regular rnsstJng of City Council held on October 10, 1994; a joint meeting of Council and the D-Day Memorial Committee held on Monday, October t0, 1994; and the regular meeting of Council held on Monday, October 24, 1994, were before the body. (For full text, see minutes on file in the City Clerk's Office.) Mrs. Bowles moved that the reading of the minutes be dispensed with and that the minutes be approved as recorded. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers .... _ ...... 7. NAYS: None ............................................... -0. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) 435 ACTION: ACTION: Mrs. Bowies moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrott, White, W~att, Bowles, Edwards, McCedden and Mayor Bowers ............... 7. NAYS: None CITY MANAGER-PURCHASE/SALE OF PROPERTY-CITY PROPERTY-COUNCIL: A report of the City Manager requesting that Council meet in Executive Session to discuss a matter relating to disposition of publicly held property, specifically conveyance of a small portion of a parcel of land devoted to public use for access purposes, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter relating to disposition of publicly held property, specifically conveyance of a small portion of a parcel of land devoted to public use for access purposes, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrot',, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ....... 7. NAYS: None BUDGE~-CITY EMPLOYEES-PERSONNEL DEPARTMENT: A report of the C,ty Manager advising that personnel lapse is generated due to employee turnover and vacancies in City departments; that for the current fiscal year, salary savings of $755,000.00 ars projected as a result of vacancies; and the following figures rsprsesnt the status of Personnel Lapse for Fiscal Year 1994-95 aa of December 31, 1994, was before Council. 436 Total Budgeted Personnel Lapse ($755,000.00) First Quarter Personnel Lapse Reduction First Quarter Revenue Adjustment Net First Quarter Reduction $285,099.00 260,738.00 Second Quarter Personnel Lapse Generated October November December $105,224.00 146,042.00 69.245.00 $320.511.00 Less Revenue Adjustment {$7.481,00) Net Second Quarter Reduction 263.030.00 Personnel Lapse Balance Remaining after Second Quarter (S231.232.00) (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 il motion was seconded by Mr. McCedden and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ........ 7. NAYS: None COMMITTEES-PLANNING-VIRGINIA TRANSPORTATION MUSEUM-FIFTH PLANNING DISTRICT COMMISSION-GREENWAY SYSTEM: A report of the City Manager advising that over the past year, considerable interest has been expressed by citizens in the Roanoke Valley in preserving open space and protecting viewsheds along the Blue Ridge Parkway; and on November 28, 1994, Robert W. Fetzer and Lucy R. Ellett made a presentation to Council emphasizing the importance of gresnways (corridors of open space connecting separate recreational, cultural and natural areas) and recommended that Council appoint a greenways committee, was before the body. 437 It was explained that in the spring of 1994, the City, with the cooperation of other Valley governments, took · leadership role in requesting the Fifth Planning District Commission to coordinate preparation of a Valley*wide Open Space Plan to include identification of possible greenways; that the request was approved by the full Commission in May 1994, and staff representatives from Roanoke City, Roanoke County, the City of Salem and the Town of Vinton have met on three occasions to develop a scope of work for the project and to begin the process of collecting information that will be needed to develop a regional open spece/greenway plan. The City Manager advised that it is believed that the citizens steering committee currently being organized by the Fifth Planning District Commission is the best sta~ng point for beginning the process of developing an open space/greenways system for the entire Roanoke Valley; and the Commission, which will include citizens and representatives from all of the Valley jurisdictions, will help insure that a regional open space/greenways system is developed in a coordinated and expedient manner; whereupon, the City Manager recommended nomination of the following individuals to serve as Roanoke City's representatives to the committee: I Lucy R. Ellett, Valley citizen Bea.u.t. iful, rspressn?tive Member of the Roanoke C~ty Planning Commismon to be appointed by the Commission's Chairman John R. Marilss, Chief, Planning and Community Development (For full text, see report on file in the City Clerk's Office.) ACTION: Mrs. Bowies moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ....................... 7. NAYS: None .......................................... --0. OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: A communication from Linde Atkinson tendering her resignation as a member of the Roanoke Arts Commission, was before Council. (For full text, see communication on file in the City Clerk's Office.) 438 ACTION: ACTION: ACTION: Mm. Bowles moved that the commu.n, ication be received and filed and that the resignation be accepted w~th regret. Th.e motion was seconded by Mr. McCadden and adopted by the follow, rig vote: AYES: Council Members Parrott, INhite, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ......... 7. NAYS: Non= OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication ;~-~,m Keith A. Johnson tendering his resignation as a member of the Roanoke Neighborhood Partnership Steering Committee, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that the communication be received and filed and that the resignation be accepted with regret. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT: A report of qualification of Alphonzo L. Holland as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCaddan and Mayor Bowers ........... -7. NAYS: None 439 OATHS OF OFFICE-COMMITTEES-MENTAL HEALTH SERVICES- BLUE RIDGE COMMUNITY SERVICES: A report of qualification of Michael A. Grant as a City representative to the Blue RIdge Community Services Board of Directors, for a tecn~ ending December 31, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrott, INhita, wyatt, Bowies, Edwards, McCadden and Mayor Bowers -----7. NAYS: Nor. c .................................................. -0. OATHS OF OFFICE-COMMII'rEES-PLANNING: A report of qualification of D. Kent Chdsman as a member of the City Planning Commission, for a term ending December 31, 1998, was before Council. (See Oath or Affirmation of Office on file in the Ci..ty Cl~rk's Office.) I ACTION: Mrs. Bowles moved that the report of quahficat~on be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrott, Whita, wyatt, Bowies, Edwards, McCadden and Mayor Bowers ............ 7. NAYS: None HEARING OF CITIZENS UPON PUBLIC MATTERS: BUDGET-CAPITAL IMPROVEMENTS PROGRAM-JEFFERSON CENTER: On behalf of the Jefferson Center Foundation, Beverly T. Fitzpatrick, Sr., President, advised that in 1985, Council appointed the Jefferson High School Committee with the assigned task of seeking an appropriate use for the boarded up and almost abandoned Jefferson High School and the Committee has been working in that capacity since its appointment. He explained that his purpose in appearing before i Council was to provide a report and to seek additional funds progress 440 ACTION: to help complete the Committee's assignment, and emphasized that the City of Roanoke owns The Jefferson Center building an~ thus, all of funds appropriated to the Foundation goes back into a C,ty building. He inboducad a video on the progress to date of the Jefferson Center. Warner N. Dalhouse, Vice President of the Jefferson Center Foundation, advised that The Jefferson Center is an investment that is paying off, however, it is an investment that is incomplete and needs continuing work. He stated that while the volunteer group is still intact and while the enthusiasm of success is still high, the Jefferson Center Founda!io.n would like to make two requests of the City; .viz: (1) appropnat, on of $600,000.00 for improvementa/renovat, ons to Fitzpatrick Hall and (2) inclusion of $3.6 million in a future capital improvement program to be matched by $2 million from the Jefferson Center Foundation for rehabilitation of the Auditorium at The Jefferson Center. He spoke in support of funding for Fitzpatrick Hall as soon as possible and inquired if there are excess funds in a City account that could be used for this purpose which would provide for at least partial funding prior to July 1, 1995. He explained that once Fitzpatrick Hall is operational, conservative estimates indicate that the Jefferson Center will produce $100,000.00 per year in revenue over expenses which will hel.p to amortize the bond issue or help with improvements and ma,ntenance of the structure in the future. · · Mr. McCadden spoke in support of regional financial cooperation between Roanoke Valley governments as an investment in The Jefferson Center. Mr. White requested that the City Manager provide a historical summary of past projects that have been funded by the City in a similar fashion on short term notice and the Mayor joined with Mr. McCadden in his call for financial support by Roanoke Valley governments; whereupon, the Mayor requested that the City Manager provide Council with information on whether or not inquiries have been made of other Roanoke Valley governments to invest financial support in the rehabilitation of The Jefferson Center. Mrs. Bowles moved that the request of the Jefferson Center Foundation for appropriation of $600,000.00 for improvements and renovations to Fitzpatrick Hall and inclusion of $3.6 million in a future capital improvements bond program, to be matched by $2 million from the Jefferson Center Foundation for rehabilitation of the Auditorium at 441 the Jefferson Center, be referred to the City Manager and to 1995-96 budget study for consideration. The motion was seconded by Mr. Edwards end adopted. ECONOMIC DEVELOPMENT: Beth Doughty, Executive Director, Roanoke Valley Economic Development Partnership, presented the Partnership's Annual Report. She advised that the Roanoke region is leading Virginia in job creation; that inquiries of the Partnership last year have increased by eight per cent; and inquidse from advertising and direct mail increased 173 per cent. (See statement on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the remarks of Ms. Doughty would be received and filed. OTHER HEARING OF CITIZENS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: FIRE DEPARTMENT-EMERGENCY MEDICAL SERViCES: The City Manager submitted a written report endorsing, in principle, certain key points of the Strategic Plan for Fire and Emergency Medical Services, advising that implementation of the s;,=~gies will enable the City's Firs and Emergency Medical Sewices to continue to improve critical public safety services to citizens. He stated that a proposed resolution, if adopted by Council, will endorse the following in principle: establishment of an organizational structure by which Firs and Emergency Medical Services activities are combined into one department which is subject to a single line of authority, e recognition and continuation of the vital role of volunteers in the Emergency Medical Services system serving Roanoke's citizens, 442 e providing day to day operational supervision for Emergency Medical Services volunteers by City staff, and authorizing the City Manager to take necessary and appropriate steps to accomplish these strategies. George C. Sneed, Jr., Director of Public Safety, presented a briefing on the Strategic Plan for Fire and Emergency Medical Services, advising that the pre-hospital care system over the last decade has evolved into a partnership of volunteers, flrafightera, career EMS and dispatch employees; and enhancements have, to a large degree, come at the reaction to changing conditions as they relate to volunteers, a consistent increased demand for Emergency Medical Services, stabilization of the number of fires in the City, improved code enforcement and fire prevention efforts and changes in the City's demographics. He stated that employees and management recognize the need to be pro-active and to develop a future vision for a strategic plan for the delivery of both Fire and EMS services, thus the City commenced its strategic planning process in late 1993. He recognized the following members of the project management team: Deputy Chief Billy W. Southal, Firs Department District Chief James A. Patton, Jr., Fire Suppression · Wanda B. Reed, EMS Department Manager H. David Hoback, Deputy EMS Coordinator David B. Pope, EMS Supervisor Crosby Grindel, Training Coordinator for Fire and EMS Barry L. Key, Office of Management and Budget Robert J. Agnor, Manager, Communications M. Michelle Bono, Public Information Officer Sidney F. Robertson, who led the Roanoke Emergency Medical Services Volunteer effort Dr. Carol Gilbert, City of Roanoke Operational Medical Director Dr. Robert Porter, President, CenPenn Systems Mr. Snead advised that when the process started, the project management team was of the opinion that facilitation help/outside assistance was needed to assist the project management team in reviewing all issues and options that should be addressed in order to improve these two important public safety sswices; therefore, in March 1994, the firm of CenPenn Systems from Harrisburg, Pennsylvania, was engaged. He called upon Dr. Robert Porter, President, CenPenn Systems to address key points of the study. 443 Dr. Porter advised that CenPann submitted a report documenting I the committee's work, with a recommended structure and a complete listing of the project management team's deliberations, along with separate sections pertaining to findings of the consultant and recomntendations which address certain operational issues that should be dealt with in the future; however, he stated at this point, the major recommendation of the consultant is that Fire and EMS services should be consolidated into a single department to be operated and managed out of a single departnmnt, that the volunteer organization work within the structure, that their importance and viability be maintained, and that the future course for both ssrvicss should be planned within a department that has a single line of authority. A communication from Mitchell L. Mendelson, P. O. Box 1931, Roanoke, in support of merging the City's fire and rescue services, advising that this type of unified service has worked extremely well in other cities, was before Council. Mr. Parrott offered the following resolution: (#32363-021395) A RESOLUTION endorsing in principle the merger of Fire and EMS services into a single department; recognizing I the need to provi.d.e, a continuing role for Emergency Medical Services volunteers; prov,d,ng for the volunteers to be under the same line of authority with paid EMS personnel for day-to-day operations; and authorizing the City Manager to implement the objectives of this resolution. (For full text of Resolution, see Resolution Book No. 57, page 61.) ACTION: Mr. Parrott moved the adoption of Resolution No. 323634)21395. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, and Mayor Bowers ................................................... -6. NAYS: Non.- (Council Member McCadden was out of the Council Chamber.) 444 TRAFFIC-STATE HIGHWAYS-PUBLIC WORKS-STREETS AND ALLEYS: The City Manager submitted a written report advising that the Code of Virginia (1950), as amended, establishes eligibility criteria of localities f..or receiving funds from the Virginia Depa~ment of Transportat, on (VDOT) for street maintenance, and spec,flss two functional classifications of highways; viz: Principal/Minor Arterials and Collector/Locals, and establishes a base peynmnt rats per lane mile for each classification of roadway; that rates ars adjusted annually by VDOT based upon a atatswide maintenance index of unit costs for labor, equipment and materials used by VDOT on roads and bridges; and City eligibility for flacal year 1994-95 is approximately $6,771,178.00 in street maintenance payments from VDOT, which funds ars used for many maintenance expenditures that the City incurs for strsets, sidewalks, curb and gutter, traffic signals, bridges, signs and pavement markings. It was further advised that inventory additions need to be submitted to VDOT prior to April 1, 1996, in order to be eligible for payment for the next fiscal year, which additions ars to be submitted on VDOT forms with an accompanying resolution adopted by Council; that a list of streets attached to the rsport should be submitted to VDOT befors April 1, 1995, to enable eligibility for payment in the next fiscal year; and approval of the addition to the street inventory, which changes have occurred during the past year, could add $6,165.00 at current year payment rates. The City Manager recommended that he be authorized to submit a list of strseta to the Virginia Department of Transportation for approval by the Commonwealth Transportation Board to enable State Maintenance Payment eligibility. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#32364-021395) A RESOLUTION authorizing the City Manager to submit a strset inventory for State maintenance payment eligibility to the Virginia Department of Transportation (VDOT), upon forms prescribed by VDOT for approval by the Commonwealth Transportation Board in order to ensure the City's eligibility for an incrsass in State maintenance funds. (For full text of Resolution, see Resolution Book No. 57, page 62.) 445 ACTION: Mr. Wttite moved the adoption of Resolution No. 32364-021395. The motion was seconded by Ms. INyatt and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, and Mayor Bowers .................................... -6. NAYS: Noc.: (Council Member McCedden was out of the Council Chamber.) REAL ESTATE VALUATION-MUNICIPAL BUILDING-LEASES: The City Manager submitted a written report advising that additional office space is needed by the Office of Real Estate Valuation due primarily to growth in staff since moving into a 1,488 square foot office in the Municipal Building in 1972 with six employees; that staff has increased to 14 parsons, while allocated space has remained at 1,488 square feet, which has negatively impacted efficiency, productivity and public service due to lack of reception areas and private areas for discussion with citizens; and Council previously authorized the City Manager and the Director of Real Estate Valuation to search for additional office space in order to alleviate overcrowding. It was explained that public service will continue to be provided in Room 250 of the Municipal Building, with sufficient staff, including the Director of Real Estate Valuation, to remain in the present location to ensure accessibility; that the City Manager and the Director of Real Estate Valuation have located suitable space, being 2,453 square feet on the Mezzanine of the Commonwealth Park Building, 110 Campbell Avenue, S. W., Official Tax No. 1011516, owned by Commonwealth Buildings, a Virginia partnership, which site is located less than one block from the Municipal Complex; and the following lease terms include basic utilities and janitorial service and are competitive for comparable space near the Municipal Complex: lease provides that both landlord and the City agree to indemnify and hold ha,,.lees the other from and against any loss, damage, or liability occasioned by or resulting from any willful or negligent act on its part, its agents, employees or invitses; three-year lease commencing March 1, 1996, and expiring on February 28, 1998, with an option to renew for one additional three-year term; and ACTION: Base Rent Monthly Per Souare Foot 3/1195 - 2/28/96 3/1196 - 2/28/97 3/1/97 - 2/28/98 $2,003.29 $ 9.80 2,207.70 10.80 2,412.12 11.80 The City Manager recommended that Council authorize execution of a lease between the City and Commonwealth Buildings, a Virginia Partnership for three years, with option to renew for an additional three years, at the rate of $2,003.29 per month for the first year, to increase by approximately $204.00 per month each succeeding year thereafter, said lease to be in a form to be 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: (#32365-021395) AN ORDINANCE authorizing the proper City officials to enter into a lease between the City of Roanoke and Commonwealth Buildings for use of office space at 110 Campbell Avenue, S. W., by the Office of Real Estate Valuation, upon certain terms and conditions, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 63.) Mrs. Bowies moved the adoption of Ordinance No. 32365-021395. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Parrot'(, White, Wyatt, Bowles, Edwards, and Mayor Bowers .................................................... -6. NAYS: None (Council Member McCadden was out of the Council Chamber.) BUDGET-CONSULTANTS REPORTS-WATER RESOURCES: The City Manager submitted a written report advising that Carvins Cove Filter Plant Expansion, Phase I contract for design and inspection was authorized by Council to employ Mattem & Craig, Inc., for the sum of $1,969,400.00; that three amendments have been issued for services to date, for a total fee of $2,002,564.89; that one of the line items in the original contract was for a full-time project inspector for two years which wes the ~me of completion of the original construction contract; 447 that the construction contract was approved by Council on November 16, 1992, however, notice to proceed on construction was not issued until January 19, 1993, because the Commonwealth of- Virginia was completing its revised regulations for soil and erosion control and Roanoke County would not approve the building permit until new regulations had been adopted and Phase I Contract documents had been revised to reflect said new changes; that Change Order Nos. 1 and 3 to the construction coh;,-&ct added 75 calendar days to the original construction cor,;,=ct time of 730 calendar days; and the majority of this time and the project contingency was expended for pretreatment of the raw water at the dam intake structure (zebra mussel control). It was explained further advised that the contract for full-time inspec~on plus office administration with Mattern & Craig, Inc., needs to be extended for 90 consecutive calendar days to complete Phase I contract, plus additional work for new items under a separate construction contract approved by Council on November 28, 1994; that cost of the extended service is $25,000.00; and project contingency was encumbered in the design and construction of pretreatment of raw water for zebra mussel control, redesign in relation to new soil and erosion control regulations, and other minor changes. The City Manager recommended that Council concur in the following actions: authorize the City Manager to issue · contract amendment to Mattern & Craig, Inc., extending its inspection and contract administration for 90 consecutive calendar days and $25,000.00; transfer $25,000.00 from Water Fund Capital Account No. 002-056-8370-9001 to Carvins Cove Phase I Design, Account No. 002-056-8353-9001; and total design contract, with Change Order No. 4, will be $2,027,564.80. (For full text, see report on file in the City Clerk's Office.) 448 ACTION: ACTION: Mr. Parrott offered the following emergency budget ordinance: (ft32366-021395) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 64.) Mr. Parrott moved the adoption of Ordinance No. 32366-021395. The motion wes seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Pa,~-(At, White, Wyatt, Bowies, Edwards, and Mayor Bowers ............................ - ............. -6. NAYS: Nor. c. ........................................... --0. (Council Member McCaddan was out of the Council Chamber.) Mr. Parrott offered the following resolution: (ft32367-021395) A RESOLUTION authorizing the execution of an amendment to the City's agreement with Mattem & Craig, Inc., for additional engineering services in connection with the Carvins Cove Filter Plant expansion. (For full text of Resolution, see Resolution Book No. 57, page 65.) Mr. Parrott moved the adoption of Resolution No. 32367-021395. The motion wes seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowies, Edwards, and Mayor Bowers ................................................ -6. NAYS: None ..................................................... -0. (Council Member McCaddan was out of the Council Chamber.) PARKS AND RECREATiON-ARMORY/STADIUM-CONSULTANTS REPORTS: The City Manager submitted a written report advising that legal advertisement was placed in various newspapers soliciting proposals from qualified architectural and planning consultants to review existing plans and the Victory Stadium structure for 449 development of its potential, evaluation of its structural condition, and I recommendations for making the stadium more appe.aling and u.s..eful to citizens of Roanoke; that 20 firms submitted repl,es to the C,ty's Request for Proposals; and Hasry Intemationel, Inc., of Atlanta, Georgia, with its Sports Facility Division and its Associate, Hammer Slier George, Economic Feasibility Consultants, was selected to prepare the feasibility study consisting of 20 separate tasks, which involve at least 13 trips with a minimum of two persona per visit, four scheduled work sessions with local input, plus all interim and final reports, at a negotiated lump sum fee of $99,856.00, including travel, telephone, reproduction, etc. The City Manager recommended that he be authorized to enter into a contractual agreement with Heory Intemational, Inc., for a Feasibility Study for use of Victory Stadium and possible field house for the City of Roanoke, for the sum of $99,856.00 and 11 weeks to complete the studies and recommenda'don reports; and that $99,886.00 be appropriated from undesignated capital to a new Capital Project Fund account entitled, "Feasibility Study, Victory Stsdium/Field House". (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following emergency budget ordinance: (#32368-021395) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 65.) ACTION: Mr. Edwards moved the adoption of Ordinance No. 32368-021395. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, INhite, Wyatt, Bowies, Edwards, and Mayor Bowe~ ....................................... -6. NAYS: None (Council Member McCadden was out of the Council Chamber.) 450 ACTION: Mr. Edwards offered the following resolution: (f/32369-021395) A RESOLUTION authorizing execution of an agreement with Hssry Intamationai, Inc., for a feasibility study for use of Victory Stadium and possible field house for the City of Roanoke. (For full text of Resolution, see Resolution Book No. 57, page 66.) Mr. Edwards moved the adoption of Resolution No. 32369- 021395. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, BoMss, Edwards, and Mayor Bowers ................ ~ ............................ -6. NAYS: None .......................................... -0. (Council Member McCadden was out of the Council Chamber.) Mr. White and Ms. Wyatt inquired if local firms or f;¢,~s located within the Commonwealth of Virginia submitted proposals; whereupon, the Di.r.r.r~..o.r of Public Works advised that he would furnish a complete list of .b~dders. He explained that the committee engaged in an evaluat, on process to detarm, ne the most qualified finns and those firms that were deemed to be the most qualified were selected for interview. BUDGET-POLICE DEPARTMENT-TRAFFIC-SEWERS AND STORM DRAINS-BUILDINGS/BUILDING DEPARTMENT-PUBUC WORKS-UTILITY LINE SERVICES-CMERP-EMERGENCY MEDICAL SERVICES-FLEET MAINTENANCE FUND-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need to purchase certain vehicular equipment to be used by Fleet Management, Building Maintenance, T,,~;;;c Engineering, Emergency Medical Services, Police, Waste Water Pollution Control and Utility Line Services departments; whereupon, the City Manager recommended that Council concur in the following actions: Award the following lowest responsible bids for vehicular equipment: 451 i one new 18 passeng.e.r window van to Magic City Motor Corporation, at a total coat of $19,963.00; two new cargo vans to Pinkerton Chevrolet- GEO, at a total cost of $31,208.60; one new full size 4-door sedan to Pinkerton Chevrolet-GEO, at a total cost of $17,272.85; seven new one ton pickup truck cab/chaseia from Berglund Chevrolet, Inc., at a total coat of $104,906.06; aeven new utility bodies for the abovedescribed pickups from Roanoke Welding Company, at a total coat of $16,636.90; one new utility body unmounted from Truck Body Corporation, at a total cost of $2,030.85; one new 112 ton pickup truck from Berglund Chevrolet, Inc., at a total coat of $14,892.49; one new full size utility vehicle from Pinkerton Chevrolet-GEO, at a total coat of $23,616.07; one new full size utility vehicle from Pinksrton Chevrolet-GEO, at a total coat of $20,485.31; and one naw eight passenger van from Magic City Motor Corporation, at a total coat of $17,083.00. Appropriate $83,200.21 from Utility Line Services Prior Year Retained Earnings Account to Utility Line Services, Account No. 016-056-2625-9010, with all other funding available in budget operational accounts. 452 ACTION: ACTION: Reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#32370-021395) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Utility Line Services Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 67.) Mrs. Bowles moved the adoption of Ordinance No. 323704)21395. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles and Edwards ......... 5. NAYS: None (Council Member McCadden was out of the Council Chamber.) (Mayor Bowers abstained from voting.) Mrs. Bowies offered the following resolution: (#32371-021395) A RESOLUTION accepting bids for the pumhase of vehicular equipment, upon certain terms and conditions; and rejecting all other bids made for such items. (For full text of Resolution, see Resolution Book No. 87, page 68.) Mrs. Bowles moved the adoption of Resolution No. 32371-021396. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles and Edwards .......... $. NAYS: None (Council Member McCadden was out of the Council Chamber.) (Mayor Bowers abstained from voting.) 453 BUDGET-HEALTH DEPARTMENT-GRANTS-EMERGENCY I MEDICAL SERVIC.ES-EQUIPMENT: The .C. ity Manager submitted a written report adv,eing that in 1984, the C,ty of Roanoke purchased three Life Pack 5's from Physio Control, which, at that time, were state of the art in heart monitoring and defibrillation; and cardiac related emergencies have increased in the City, with the Emergency Medical Services Depalmant experiencing approximately 1,300 cardiac-related emergencies annually. It was further advised that the three Life Pack $'s pumhesed in 1984 are outdated and wom out; that in addition, the units are no longer state of the art, lacking many features such as external cardiac pacing and code summary capabilities; that a 50/50 grant, in the amount of $10,345.00, has been received from the Rescue Squad Assistance Fund for the purchase of two new monitor/defibrillator units; that local matching funds in the amount of $10,345.00 are available in Emergency Medical Services, Account No. 001-050-3521-9015; and funding is available for the purchase of a third defibrillator appropriated through the Capital Maintenance and Equipment Replacement Program. The City Manager recommended that Council concur in the following actions: Adopt a resolution accepting the Rescue Squad Assistance Fund Grant, and authorize the City Manager to execute the grant agreement. Appropriate $20,690.00 to the Grant Fund, Account No. 035-050-3342-9015. Increase the Grant Fund revenue estimate in the amount of $10,345.00 in State funds. Transfer $10,345.00 from Account No. 001-050-352t-9015 to a Grant Fund revenue account for the local match. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: 454 ACTION: ACTION: (g32372-021395) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Grant and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 70.) Me. Wyatt moved the adoption of Ordinance No. 32372-021395. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, and Mayor Bowers ......... - ..... - .............. -6. NAYS: None ................................... -0. (Council Member McCadden was out of the Council Chamber.) Ms. Wyatt offered the following resolution: (#32373-021395} A RESOLUTION accepting a certain Rescue Squad Assistance Fund Grant offer made to the City by the Department of Health of the Commonwealth of Virginia and authorizing execution of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 57, page 71.) Ms. Wyatt moved the adoption of Resolution No. 32373021395. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, and Mayor Bowers ........................................ -6. NAYS: None ................................................ -0. (Council Member McCadden was out of the Council Chamber.) BUDGET-GRANTS-FDETC: The City Manager submitted a written report advising that the City of Roanoke is the grant recipient for Fifth District Employment and Training Consortium funding, and Council must appropriate funding for all grants and funds received by the Consortium; and the Govemor's Employment and Training Department has sent to the Consortium mid-year Allocation Carry-in Adjustment 455 Noticss of Award for programs which include on-the-job training, work I experience, job related education, classroom .training, job placement activities and remedial education in the follovwng amounts: Title II-A (edult-agss 22 and over) - $49,423.00 (Notice of Award 94-03-07) will be added to current allocation to serve approximately 215 adults. 'l'itie II-C (youth-agss 16-21) - $58,182.00 (Notice of Award 94-03-08) will be added to current allocations to serve approximately 175 youth. Title III-F (dislocated workers) - $44,252.00 (Notice of Award E-05) will be added to current allocations to serve approximately 320 workers. It was explained that the Governor's Employment and Training Department has sent to the Fifth District Employment and Training Consortium Notice of Award No. 96-03-03, which is a Title II incentive award to be used for planned activities that include job-related education, classroom training, job placement assistance and remedial education, in the amount of $23,876.00; that jurisdictions in the Fifth Planning District, which include the Cities of Roanoke, Salem, Clifton Forge and Covington, as well as the Counties of Roanoke, Alleghany, Botatourt and Craig, were requested by the Consortium to contribute a total of $23,018.23, to offset the agency's administrative costs; and to date, allocations totalling $7,362.54 have been confirmed from four of the pardcipating jurisdictions (Botetourt, Covington, Roanoke County and Salem). The City Manager recommended that Council appropriate Fifth District Employment and Training Consortium funding totalling $183,095.00; and increase the revenue estimate by $183,095.00 in accounts to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#32374-021395) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 67, page 72.) 456 ACTION: ACTION: Mr. Parrott moved the adoption of Ordinance No. 32374-021395. The motion was seconded by Mi,&. Bowles and m:Joptsd by the following vots: AYES: Council Members Parrott, White, Wyatt, Bowles, Edwards, and Mayor Bowels .................................. -6. NAYS: Non.- (Council Member McCadden was out of the Council Chamber.) APPALACHIAN REGIONAL COMMISSION-LOANS-ECONOMIC DEVELOPMENT: The City Manager submitted a written report transmitting copy of a resolution adopted by the Fifth Planning District Commission at its meeting on January 26, 1995, requesting the City's Congressional representatives to support continued funding of the Appalachian Regional Commission (ARC) and requesting the City of Roanoke to adopt a resolution in support of continued funding for the Appalachian Regional Commission; whereupon, the City Manager advised that the City of Roanoke should again request inclusion in the Appalachian Regional Commission. sup..p~rt of the resolution of the Fifth Planning District Commission to cont,nue funding for the Appalachian Regional Commission and a request for inclusion of the City in ARC. . (For full text, see report and supporting documentation on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (ff32375-021395) A RESOLUTION supporting the inclusion of the City of Roanoke in the Appalachian Regional Commission and continuation of funding for the Commission. (For full text of Resolution, see Resolution Book No. 57, page 75.) Ms. Wyatt moved the adoption of Resolution No. 32375-021395. The motion was seconded by Mr. Edwards and adopted by the following vote: 457 NAYS: Nor:..- ................. O. (Council Member McCadden was out of the Council Chamber.) The Mayor advised that he was disappointed to leam that the City's request to join the Appalachian Regional Commission last year was not acted on by the Congress, therefor, he concurred in the City Manager's recommendation that the resolution be adopted. He stated that should Congressman Robert W. Goodlatta request his annual informational meeting with City Council this year, he would request that the matter be made a part of the agenda for further discussion. DIRECTOR OF FINANCE: CITY CODE-BINGO/RAFFLES: The Director of Finance submitted the Annual Bingo Activity Report for 1994. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. INhita moved that the report be received and filed. The motion was seconded by Mr. Parrott and adopted. BUDGET-CITY MARKET-BONDS/BOND ISSUES-BRIDGES-CITY JAIL-CAPITAL IMPROVEMENTS PROGRAM-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH-CMERP: The Director of Finance submitted a written report advising that Roanoke City voters approved by an 81 per cent margin a $23 million capital improvement bond referendum in November 1994; that in anticipation of approval of the referendum, funds for the construction of the Roanoke City Jail Annex and a new pedestrian bridge between The Hotel Roanoke and Conference Center and the City Market were appropriated by Council, pursuant to Ordinance Nos. 32191-092694 and 32181-092694, respectively; that the City's Capital Improvements Program stipulated that these two projects were to receive partial funding from 1996 bond proceeds; and transmitting budget ordinances appropriating CMERP funding of $524,000.00 for the Jail Annex and $252,810.00 of undesignated capital funds for the pedestrian bridge; and funding ncc. ds to be appropriated from anticipated proceeds of the 1996 bond issue, and funding from CMERP and general revenue will be deappropriated, with overall funding for the projects to remain the eanl~. 458 ACTION: It was explained that the report allows the City to indicate its intent to reimburse (~ont funding with bond funds upon issuance of the 1996 bonds; and Internal Revenue Service regulations (Section 1.150-2) require that the City declare its intent to reimburse itself $776,810.00, the total of the two appropriations previously discussed, from the proceeds of its t996 general obligation bonds, which bonds were authorized for referendum and issuance, pursuant to Ordinance No. 32131-080894, adopted by Council on August 8, 1994. The Director of Finance recommended that Council authorize the following actions: Appropriate $776,810.00 of 1996 bond funds to Capital Projects Fund accounts, entitled, "Jail Expansion" and "Pedestrian Bridge and Atrium", respectively (Account Nos. 008-052-9686-9001 and 008-062-9673-9001). Deappropriate CMERP and undesignated Capital Funds totalling $776,810.00 from the same projects (Account Nos. 008-062-9685-0003 and 008-052-9673-9003). Adopt a resolution indicating the City's intent to reimburse front funding with proceeds upon sale of the 1996 bonds. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (#32376-021395) AN ORDINANCE to amend and rsordain certain sections of the 1994-95 Capital and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 77.) Ms. Wyatt moved the adoption of Ordinance No. 32376-021395. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowies, Edwards, and Mayor Bowers ......................................... -6. NAYS: None ................................................. -0. (Council Member McCadden was out of the Council Chamber.) 459 Me. Wyatt offered the following resolution: I (#32377-021395) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 32131-080894, adopted August 8, 1994, for certain expenditures in connection with construction of the Roanoke City Jail Annex and the new pedestrian bridge between The Hotel Roanoke and Conference Center and the City Market; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 57, page 78.) ACTION: Ms. INyatt moved the adoption of Resolution No. 32377-021395. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members ParTott, INhite, VVyatt, Bowles, Edwards, and Mayor Bowers ............................................ -6. NAYS: None (Council Member McCadden was out of the Council Chamber.) CITY ATTORNEY: HUMAN DEVELOPMENT-LEGISLATION-EMERGENCY SERVICES- TOTAL ACTION AGAINST POVERTY-VIRGINIA TRANSPORTATION MUSEUM-GRANTS-YOUTH-MENTAL HEALTH SERVICES-HARRISON HERITAGE CENTER-FIFTH PLANNING DISTRICT COMMISSION-BLUE RIDGE COMMUNITY SERVICES-TOURISM-ARTS COUNCIL OF ROANOKE VALLEY-CENTER IN THE SQUARE: The City Attorney submitted a written report advising that Council recently adopted a measure suppo~ng restoration of funding for Roanoke Valley cultural agencies, and subsequently, several Members of Council requested a similar resolution supporting funding of social sewices programs; whereupon, he presented a resolution for Council's consideration. (For full text, see report on file in the City Clerk's Office.) 460 ACTION: Mrs. Bowies offered the following resolution: · (#32378-021395) A RESOLUTION urging the Governor and ~ General Assembly to rsstors for the second year of the 1994-1996 Biennium social services funding required to meet the needs of Roanoke Valley residents. (For full text of Resolution, see Resolution Book No. 57, page 80.) Mrs. Bowies moved the adoption of Resolution No. 32378-021395. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Parrott, White, INyatt, Bowles, Edwards, and Mayor Bowers ........................................... -6. NAYS: None (Council Member McCadden was out of the Council Chamber.) REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: GENERAL SERVICES-REFUSE COLLECTION-HOUSING/ AUTHORITY-PUBUC WORKS-SCHOOLS: Council at its regular meeting on Monday, January 23, 1995, having deferred action on a report of the City Manager with regard to provision of bulk container collection service, the matter was again before the body. It wes advised that bulk refuse containers are located at various City facilities and require collection services to be performed on a regular basis; that in a cooperative effort with the City of Roanoke Redevelopment and Housing Authority, specifications were developed and a request for quotations was sent to seven vendors; that Roanoke City Schools is unable to participate at this time due to a current agreement for bulk collection service; and all bids appropriately received were publicly opened and read on December 2, 1994, at 2:00 p.m., in the Office of Manager of General Services. It was explained that currently, the City's bulk collection service is provided by Handy Dump, Inc., at a cost of $19.30 per unit, per pickup; that Handy Dump, Inc., and BFI, Inc., have merged opera, tions since the lest bid was taken; that all bids were evaluated in a conststent · 461 manner by repreeentatives of Public Works, Solid Waste Management, I General Services and the Roanoke Redevelopment and Housing Authority; that bids were requested and received for a 12 month period and a 24 month pedod; and the lowest responsible bid meeting all required specifications were aubmitted by BFI, Inc. The City Manager recommended that Council accept the bid of BFI, Inc., to provide bulk container collection service, for a period of 24 months, at a cost of $25.00 per unit, per pickup, and rental of approximately eight containers per year for special events, at a cost of $1.50 per unit, per day. (For full text, see report on file in the City Clerk's Office.) A communication from the City Manager in response to a question which was raised at the January 23, 1995, Council meeting as to why there was a coat increase over the prior year, waa also before Council. The City Manager explained that Roanoke County has recently contracted for this service at a cost of $27.90 per pickup; that the City of Lynchburg is in the third year of a three year contract with a private individual to provide the service, at a cost of $21.00 per pickup, with a tipping fee of $49.00 per ton, and the contract ia scheduled to be re-bid in September 1995; that the Town of Blacksburg currently contracts with a private individual, at a cost of $20.00 per pickup, with a tipping fee at the Montgomery Landfill of $38.00 per ton for brush and $53.00 per ton for all other;, and local businesses pay between $35.00 to $40.00 per pickup. It was further explained that another factor in connection with increased prices is that the tipping fee which is charged for use of the landfill has increased over prior years. (For full text, see communication on file in the City Clerk's Office.) Mr. White offered the following resolution: (#32379-021395) A RESOLUTION accepting a bid made to the City for providing bulk container collection service; and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 57, page 82.) 462 ACTION: Mr. White moved the adoption of Resolution No. 32379.0213.95. The mot]on was seconded by Mr. Parrott and adopted by the follow, rig vote: AYES: Council Members Parrott, INhits, Wyatt, Bowies, Edwards, and Mayor Bowers ........................................... NAYS: None (Council Member McCadden was out of the Council Chamber.) Following questions by Mr. White and Mayor Bowers, the Manager of General Services advised that the City of Roanoke Redevelopment and Housing Authority currently participates in the contract and he has been assured by the School Board that prior to expiration of its present contract, officials will confer with the City's provider to dets¢~;ne if it will be cost feasible for the Schools to participate. Ms. Karen Fresland advised that BFI, Inc., would be pleased to bid on all three contracts simultaneously, however, she called attention to the volume approach, and cautioned that each contract is different with its own needs. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: EASEMENTS-CITY PROPERTY-ROANOKE VALLEY RESOURCE AUTHORITY: Ordinance No. 32354 authorizing application of restrictive covenants to the former landfill property located in the Dundee Section of Southeast Roanoke County; authorizing conveyance of an easement over such property to the United States of America for right-of-way for a Blue Ridge Parkway spur; and authorizing conveyance of the City's 64 per cent interest in said property to the Roanoke Valley Resource Authority, having previously been before the Council for its first reading on Monday, January 23, 1995, 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: (#32354-021395) AN ORDINANCE authorizing application of restrictive covenants to the former landfill property located in the Dundee Section of Southeast Roanoke County; authorizing the conveyance of an easement over such property to the United States of 463 Ameri.ca for right-of-way for a Blue Ridge Parkway spur; and I .authorizing conveyance of the City's sixty-four per cent (iN%) interest m euch property to the Roanoke Valley Resource Authority. (For full text of Ordinance, see Ordinance Book No. 57, page 59.) ACTION: Mrs. Bowies moved the adoption of Ordinance No. 32354021395. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Pawott, Wltits, Wyatt, Bowies, Edwards, and Mayor Bowers ........................................... --6. NAYS: None ................................... -0. (Council Member McCadden was out of the Council Chamber.) MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: None. At 4:35 p.m., the Mayor declared the meeting in recess. At 5:25 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. ACTION: COUNCIL: W~th respect to the Executive Session just concluded, Mr. Parrott moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business rnattere lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. McCaddan and adopted by the following vote: AYES: Council Members Panott, White, Wyatt, Bowies, Edwards, McCaddan and Mayor Bowers ......................................... 7. NAYS: None ............................................ ~. 464 ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that there ia a vacancy on the Youth Services Citizen Board, due to expiration of the term of Timothy Beatty, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Carolyn Word. There being no further nominations, Ms. Word was elected as a member of the Youth Services Citizen Board, for a term ending May 31, t995, by the following vote: FOR MS. WORD: Council Members Parrott, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowere .................... 7. OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT COMMISSION: The Mayor advised that there is a vacancy on the Economic Development Commission due to expiration of the term of William F. Hawkins, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of William L. Bova. There being no further nominations, Mr..Bova was elected a..s a member of the Econormc Development Commission, for a term end,ng · June 30, 1997, by the following vote: FOR MR. BOVA: Council Members Parrott, white, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ............................. -7. At 5:30 p.m., the Mayor declared the meeting in recess until 7:00 p.m. At 7:00 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and the following Council Members in attendance: John H. Parrott, Linda F. Wyatt, Elizabeth T. Bowies, John S. Edwards, Delvis O. McCadden and Mayor David A. Bowers. (Council Member William white, Sr., was absenL) OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attomey; James D. Gdsso, Director of Finance; and Mary F. Parker, City Clerk. 465 The reconvened meeting was opened with · prayer by Mayor Bowera. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. CITIZEN OF THE YEAR: The Mayor advised that on behalf of the Members of the Roanoke City Council, he was pleased to introduce Roanoke'e 1994 Citizen of the Year, Mr. Sigmund E. Davidson. The Mayor stated that Mr. Davidson serves on the Julian S. Wise Foundation Board, in which capacity he has been exceptionally dedicated and committed to the mission of the National, "To the Rescue Exhibit and Rescue Squad Hall of Fame"; that he is a strong believer in and advocate of Volunteer Emergency Medical Services and works with the Board of Directors and others to challenge businesses and residents of Virginia to recognize the outstanding achievements and efforts of the thousands of volunteers who have dedicated countless hours and service to their community; and, in addition, he serves as President of Literacy Volunteers and holds leadership positions with Center In The Square, the Roanoke Valley Chapter of the Fellowship of Christians and Jews and a Member of the Board of Trustees of Roanoke College. The Mayor unveiled the Citizen of the Year Plaque which displayed a photograph of Mr. Davidson, with the appropriate inscription, and presented him with a personalized plaque, and a "Key to the City" in honor of his many achievements and contributions. He also presented a "crystal star", which is symbolic of the star on Mill Mountain, to Mrs. Davidson and welcomed other members of the Davidson family. PUBLIC HEARINGS ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised continuation of a public hearing to be held on Monday, February 13, t995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Donald R. Alouf and Lee T. Helms, contract purchasers, that certain conditions presently binding upon a tract of land located at 1910 McVitty Road, S. W., described as Official Tax No. 5100809, which 466 property wes previously conditionally rezoned, pursuant to Ordinance No. 31826-011894, adopted on January 18, 1994, be amended, subject to certain conditions proffered by the petitioners, the matter was again before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Fdday, January 27, 1995, and Friday, February 3, 1995. (See publisher's affidavit on file in the City Clerk's Office.) The Mayor referred to a communication from Edward A. Natt, Attorney, representing the petitioners, requesting that the matter be continued; whereupon, the Mayor advised of a conversation with Mr. Natt earlier in the day in which he suggested that it would not be necessary for Mr. Natt to attend the Council meeting inasmuch as he had requested a continuation. MISCELLANEOUS: Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., appeared before Council in connection with an article that appeared in the Sunday, February 12, 1995 edition of the Roanoke Times & World-News. w~ttsn by Bob Jordan entitled, "Cashing In". She advised that the article poi.ntsd out that "Cashing In" is the concept of · having worked and lived m the fast lane long enough to accumulate enough wealth so that one can choose where to live and where to raise a family. She expressed concurrence with many of the author's ideas and urged that Members of Council read the article. She encouraged the City to look at the needs of neighborhood residents, to look at beautification of entranceways to the City so that when people form their first impression of Roanoke, they will see a place where they want to return, to look at cooperation and not competition among the Valley's sports facilities, and to address multi-modal and inner-modal transportation needs of the Roanoke Valley to provide adequate bus service for visitors and residents alike in a competent, efficient and effective manner which will cause the City's buses to be self- supporting. She added that a valley-wide public relations marketing program should be encouraged to educate citizens who live in the Roanoke Valley about the good things that exist and to entice persons from other states to consider Roanoke as a place to live, work, and establish their business. She stated that Roanoke needs to spend a little money in order to make a little money. (For full text, see article on file in the City Clerk"s Office.) I 467 W'dhout objection by .Council, the Mayor advised ttmt the remarks I of Ms. Duerk would be received and filed. HUMAN DEVELOPMENT-GREENWAY SYSTEM: Mr. Dan E. Mankie, 5t6 Arbutus Avenue, S. E., addressed the matter of open space and greenways as an alternative to transportation, porflculady bicycling needs for the health and safety of the community. He presented copy of a 1993 report of the U. S. Surgeon General which points out that 70 per cent of deaths and major illnesses are attributed to life styles. He advised out that if greenways are completed or incorporated into the City's plans, bicycling is one of the major ways in which to reduce soma of society's cuwent health problems. He noted that air is trapped in the Roanoke Valley since the area ia surrounded by mountains, therefore, if more people ride bicycles, the air quality will be improved. For a healthier and a safer community, he urged that Council give consideration to his suggestion. Mr. McCeddan encouraged Mr. Mankie to discuss his concems with Ms. Barbara Duerk, an avid bicyclist and a member of the Blue Ridge Bicycle Club, Inc., and the Mayor requested that the City Clerk provide Mr. Mankle with the nantes and addresses of certain individuals who recently appeared before Council in regard to the grasnways issue. There being no further business, the Mayor declared the meeting adjourned at 7:40 p.m. APPROVED ATTEST: Mary F. Parker David A. Bowers City Clerk Mayor 468 SPECIAL MEETING ..... ROANOKE CITY COUNCIL February 18, 1995 8:30 a.m. The Council of the City of Roanoke met in special session on Saturday, February 18, 1995, at 8:30 a.m., in the Conference Room at the Roanoke Regional Airport, pursuant to Section 10, Meetings of Council, of the Roanoke City Charter and pursuant to Resolution No. 323484)12395 adopted by the Council on Monday, January 23, 1995, with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowies, John S. Edwards, Delvis O. McCaddan, John H. Pan'ott, Unda F. Wyatt and Mayor David A. Bowers ............ -6. ABSENT: Council Member William White, Sr. OFFICERS PRESENT: W. Robert Herbert, City Manager;, James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; and Willard N. Claytor, Director of Real Estate Valuation. O..THERS PRESENT: Jesse A. Hall, Deputy Director of Finance; William F. · Clark, D;rector of Public Works; Kit B. Kiser, Director of Utilities and Operations; George C. Snesd, Jr., Director of Public Safety; Glenn D. Radcliffe, Director of Human Development; Diane S. Akers, Budget Administrator; Barry L. Key, Manager of Management and Budget; and Sherman M. Stovall, Budget/Managemant Analyst. The meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. COUNCIL-BUDGET: The Mayor advised that the purpose of the special meeting was to review financial data and trends in order to develop a better understanding of the City's financial condition and to identify financial challenges facing the City in the near future. The City Manager and Director of Finance advised that the meeting would focus on financial data and trends for fiscal years 1990-1995, and various charts and information would be provided in response to the following questions: 469 (1) How has the City government performed financially during the past five I fiscal years? (2) How does the City's financial performance compare to other state, regional and local govemmenta? (3) How is the City performing financially during fiscal year 19957 (4) What can we expect for the future? Mr. Hall reviewed a Summary of Revenues and Changes in Designated Fund Balance for Fiscal Years 1990 - 1994, and General Fund Revenues By Major Source for Fiscal Years 1990-94. (See pages 4 - 12 of Financial Data and Trends Workbook - February t8, 1995.) He also reviewed Local Taxes By Major Source for Fiscal Years 1990-1994, end Local Tax Initiatives for Fiscal Years 1990-1995. (See pages 13 - t6 of Financial Data and Trends Workbook.) Mr. Hall further reviewed a breakdown of the following Local Taxes by Major I Source: real estate tax, .p.e...reonal property tax, sales tax, utility consumer tax, business and occupational hcenses and prepared food and beverage tax. (See pages 17 - 22 of Financial Data and Trends Workbook.) He also reviewed Intergovernmental Revenues By Major Source for Fiscal Years 1990-1994, and a Summary of General Fund Revenues for Fiscal Years 1990-1994. (See pages 23 - 32 of Financial Data and Trends Workbook.) Ms. Akere reviewed General Fund Expenditures By Major Category for Fiscal Years 1990.1994, and General Fund Expenditures end Transfers - Summary for Fiscal Years 1990-1994. (See pages 33 - 42 of Financial Data and Trends Workbook.) Mr. Grisso reviewed Financial Data and Trends for Fiscal Years 1990-1995, Comparison of Major Revenue Sources for Virginia Localities for Fiscal Years 1991- 1993, end Comparison of Major Revenue Source for Virginia Locali~es Per Capita for 470 Fiscal Year 1992-93,' and.Compariaon of Financial Performance - Major Revenue Sources of Virginia L..ocal,tiss - Fiscal Year 1992-93. (See pages 43 - 47 of Financial Data and Trends Workbook.) He also reviewed a Comparison of Local Revenue Sources - Fiscal Years 1992-93, Comparison of Financial Performance. Local Revenue Sources Per Capita Revenues for Fiscal Year 1992-93, and Comparison of Financial Performance - Local Revenue Sources of Virginia Localities for Fiscal Year 1992-93. (See pages 48 - 53 of Financial Data and Trends Workbook.) Mr. Grieso reviewed a Comparison of Major Expenditures By Major Category for Virginia Localities for Fiscal Year 1992-93; Comparison of Major Expenditures Per Capita Expenditures for Fiscal Year 1992-93, Comparison of School Revenues and Expenditures for Virginia Localities for Fiscal Year 1992-93, and Comparison of Financial Performance - Major Expenditures By Virginia Localities for Fiscal Year 1992-93· (See pages 54 - 59 of Financial Data and Trends Workbook.) · .Mr. Stovall presented information, on Comparison of Local Tax Rates for ~ Virg,n,a Localities - 1994, and a Comparison of Financial Performance - Local Tax Rates 1994. (See pages 60 - 63 of Financial Data and Trends Workbook.) At 11:40 a.m., the Mayor declared the meeting in recess. At 12:15 p.m., the meeting reconvened in the Roanoke Regional Airport Conference Room, with all members of the Council in attendance, with the exception of Council Members White and Parrott. (Following lunch, Mr. Parrott left the meeting.) Mr. Grisso presented information on Financial Date and Trends for Fiscal Years 1990-95 in connection with how the City is performing during fiscal year 1995; and what can be expected for the future. He also presented information on General Property Taxes By Major Source - Comparison of Adopted Estimate to Projected Collections for Fiscal Year 1994-95, Other Local Taxes By Major Source - Comparison of Adopted Estimate to Projected Calculations - Fiscal Year 1994-95, Other Revenues By Major Source - Comparison Comparative Analysis of Fiscal Year 471 1994.95 General Fund Expenditures and Encumbrances for the Period July I - December 31, Statement of Expenditures and Encumbrances, and General Fund Revenue Estimate for Fiscal Year 1996. (See pages 64 - 71 of Financial Data and Trends Workbook.) Mr. Herbert reviewed Preliminary Revenue and Expenditure Projections for Fiscal Year 1996-96 including Preliminary Revenue and Budget Estimates, Impacts of Commonwealth of Virginia Budget Proposals, Impacts of Federal Budget Proposals and Items Referred to 1996-96 Budget Study by Council. (See pages 72 - 73 of Financial Data and Trends Workbook.) Other rnattere discussed by Council pertained to a regional sports director position which was previously referred by Council to 1995-96 budget study; whereupon, the City Clerk was requested to place the item on the agenda for the next joint meeting of the Roanoke City Council and the Roanoke County Board of Supervisors for further discussion. The Mayor encouraged the Members of Council to place items recommended for referral to 1996-96 budget study on the Consent Agenda as soon as possible to enable the pr:per follow-up by the City Manager prior to bu:get study. I A prevmous request of the Jefferson Center Foundation for $3.6 million for improvements to the Auditorium and $600,000 for improvements to Fitzpatrick Hall at The Jefferson Center, was again before Council; whereupon, Mr. McCadden moved that the request for $3.5 million be referred to the City's Capital Improvements Program and the request for $600,000.00 be referred to 1995-96 budget study for further discussion by Council. The motion was seconded by Mr. Edwards and adopted. The Mayor requested information with regard to taxation of public service companies located in the City of Roanoke and noted that it may be necessary for the matter to become a part of the City's 1996 Legislative Program, or a Virginia Municipal League study. He also requested information on the amount of revenue received by the City from taxes paid by non-City residents; and whether the City of Roanoke's ~,,msient room tax parallels that which is charged by other jurisdictions in the Roanoke Valley. In the future, Vice-Mayor Edwards advised that he would hope the City will be in a position to place less reliance on funds received from real estate taxes and more reliance on taxes that are based on enhancement of the economy, which are taxes paid by persons who do not necessarily live in the City of Roanoke. 472 The City Manager presented a Contracted Services Inventory As of February 18, 1995, which lists City programs/services that have been contracted out ~ to the private sector. (See inventory list on file in the City Clerk's Office.) There being no further business, the Mayor declared the special meeting adjourned at 1:30 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 473 i REGULAR WEEKLY SESSION---ROANOKE CITY COUNCIL February 27, 1995 3:00 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, February 27, 1995, at 3:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, I~ of Section 2-15, l~J~l~,~$1Ul~ Code of the City of Roanoke (1979), aa amended. PRESENT: Council Members William White, Sr., Linde F. Wyatt, Elizabeth T. Bowles, John S. Edwards, Delvis O. McCadden, John H. Pan'ott and Mayor David A. Bowers ......................................... 7. ABSENT: None---~ ......................................................... -0. OFFICERS PRESENT: W. Robert HeCoert, City Manager;, James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. I m.eeting o. pened prayer by James D. Smith, The was with The Reverend Pastor, St. Ehzabeth's Ep;scopal Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to a request for an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, 474 ACTION: commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Cede of Virginia (1950), as amended. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadclen, Parrott and Mayor Bowers .......... 7. NAYS: Nor. c POLICE DEPARTMENT-GRANTS: A report of the City Manager advising that by communication dated January 9, 1995, he fonvarded a letter to Council concerning the Violent Crime Control and Law Enforcement Act of 1994 which contained a proposal for 100,000 new police officers under the "COPS Ahead" program, was before the body. Mr. Herbert explained that the program requires that the officers be hired in addition to the current complement of police officers and assigned specifically to community policing programs, which program is administered by the Office of Community Oriented Policing Services and was established to expedite hiring of new police officers and to expand community policing programs. The City Manager advised that he previously requested the Chief of Police to assess the City's need for additional officers assigned to this activity versus the benefits of the program to the community; and the City's assessment has now been completed and inclusion of additional police officers in the fiscal year 1995-96 budget is not recommended inasmuch as the City has the appropriate number of staff assigned to that specific activity and development and expansion of the community policing concept is on schedule, with an ongoing goal to adopt the Community Oriented Policing philosophy and practices throughout the patrol division. 475 The City Manager noted that with the current fiscal year I environment at the S. tate and Federal levels, and with the uncertainty about the futura of this partially-funded program (whether or not block grants will be available at sometime within the next fiscal year affording greater flexibility for use of grant funds~ it is not recommended that the City of Roanoke apply by the March 3 deadline for use of grant funds, end the opportunity exists in years two, three and four should local conditions change. (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 Mr. Edwards and adopted by the following vote: AYES: Council Members VVhite, Wyatt, Bowles, Edwards, McCadclen, Parrott and Mayor Bowers ........... 7. NAYS: None OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT: A report of qualification of William L. Bova as a member of the I Economic Develop..ment Commission, for a term ending June 30, 1997, was before Counc,I. (See Oath or Affir,,~ation of Office on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Membem White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ............... NAYS: None REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: PARKS AND RECREATION-DONATIONS/CONTRIBUTIONS-CITY PROPERTY-HOUSING/AUTHORITY: Neva J. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, appeared I before Council and advised that in 1992, the Housing Authority began 476 ACTION: efforts to develop · recreational facility across the street from Lansdowne Park on four acres of land that was purchased from the · Horton family. She stated that a development grant was obtained from the U. S. Department of Housing and Urban Development, a local contractor assisted with grading of the site, Total Action Against Poverty donated playground equipment, and Roanoke City staff assisted with design and inspection of the park. On behalf of the City of Roanoke Redevelopment and Housing Authority, she presented the d=cd to Horton Park to the Mayor, who presented the document to the City Attorney for proper recordation in the Clerk's Office of the Circuit Court. Without objection by Council, the Mayor advised that the remarks of Ms. Smith would be received and filed. OTHER HEARING OF CITIZENS: None. PETITIONS AND COMMUNICATIONS: BUDGET-AIRPORT: A communication from Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, transmitting the fiscal year 1995-96 Operating Budget and Capital Purchase Budget, in __ accordance with requirements of the R. oanok, Regional A. irp. ort I Commission Act and the Roanoke Reg:onel Airport Commission Contract dated January 28, 1987, in the amounts of $4,378,802.00 Total Budgeted Expenditures and $4,674,t72.00 Total Projected Revenues, was before Council. (For full text, see communication and budget summery on file in the City Clerk's Office.) Mr. tNhite offered the following resolution: (#32380-022795) A RESOLUTION approving the Roanoke Regional Airport Commission's 1995-1996 proposed operating and capital purchases budget, upon certain term-.~ and conditions. (For full text of Resolution, see Resolution Book No. 57, page 83.) Mr. White moved the adoption of Resolution No. 32380-022795. The motion was seconded by Mr. Edwards and adopted by the following vote: 477 i AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers NAYS: None ........... _ ......... ---0. The Mayor requeatad that the City's annual affim-,ative action report also include figures relating to minorities employed by the Roanoke Redevelopment and Housing Authority, the Roanoke City Schools, the Greater Roanoke Transit Company, and the Roanoke Regional Airport. BU DGET-GRANTS-EQUIPMENT-CMERP-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. Grant Ho. 6770 - $4,170.00 for the School-To-Work Transition Specialist Program to provide funds for the terminal leave cost of the specialist upon his retirement. The Program is 100 per cent reimbursed by State funds. Grant No. 6929 - $1,000.00 for the Let's Talk Program to p.rovide enrichment for economically d,sadvantaged students through educat, onal field trips. The Program is funded through community donations, and is a new grant. Grant No. 6930 - $10,073.00 for the 1995 Westsm Virginia Regional Science Fair which is being hosted by Roanoke City Schools. The Fair will be funded from contributions from other school districts, with a local match cost of $2,000.00 to Roanoke City Schools. The School Board further requested appropriation of $500,000.00 in proceeds from the 1994-95 Capital Maintenance and Equipment Replacement Fund, which will be used to meet the objectives of the School Technology Initiative, and provide for the purchase of instructional and administrative equipment by the schools. 478 ACTION: A report of the Director of Finance concurring in the request of the School Board advising that the $500,000.00 appropriation from the School portion of the Capital Maintenance and Equipment Replacement · Program is the fourth appropriation of the School Board's fiscal year 1994 CMERP funding of $2,020,436.00, which will leave an unappropriated balance of $163,477.00, was also before Council. (For full text, see communication and report on file in the City Clerk's Office.) Ma. Wyatt offered the following emergency budget ordinance: (#32381-022795) AN ORDINANCE to amend and reordain certain sections of the 1994-95 School and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 83.) Ms. Wyatt moved the adoption of Ordinance No. 32381-022795. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ....................... 7. NAYS: None REPORTS OF OFFICERS: ClTY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY- GRANTS-ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager submitted a written report advising that as part of the Community Development Block Grant (CDBG) application approved by Council on May 9, 1994, pursuant to Resolution No. 31977-050994, Council authorized a grant for the Neighborhood Development Grant Program; that City funds for the Program are available as a part of the Department of Planning and Community Development's approved budget; that the purpose of the Program is to provide funding for 479 neighborhood organizations which are members of the Roanoke I. Neighborhood Pazthe~hip for self-help ...l~O.jects that arescope largor, in than projects funded through the Min,-grant program, ,ncluding rshabilitsl]on of community centers and purchase and rehabilitation of homes; that the City has received approval from the U. S. Department of Housing and Urban Development for the CDBG application by letter dated June 10, 1994; and Council authorized acceptance of the 1994-95 CDBG Entitlement and Appropriation of Funds for CDBG Activities on June 27, 1994, pursuant to Ordinance No. 32072-062794. It was further advised that a proposal has been received by the Roanoke Neighborhood Partnership from the Northwest Neighborhood Environmental Organization (NNEO) for a grant of City and CDBG funds for acquisition of and site work to one deteriorated and vacant house located at 719 Gilmer Avenue, N. W.; and total cost of the project shall not exceed $10,000.00 in City and CDBG funds. The City Manager recommended that he be authorized to execute an agreement, to be approved by the City Attorney, with the Northwest Neighborhood Environmental Organization for the grant of City and Community Development Block Grant funds to the NNEO for acquisition of and site work to one vacant house located at 719 Gilmer Avenue, N. W. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#32382-022795) A RESOLUTION authorizing the City Manager to execute a grant agreement with the Northwest Neighborhood Environmental Organization (NNEO), to provide funding for the acquisition of one house located at 719 Gilmer Avenue, N.W., and one lot located at 721 Gilmer Avenue, N. W., upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 57, page 85.) ACTION: Mr. White moved the adoption of Resolution No, 32382-022795. The motion was seconded by Mr. Edwards and adopted by the following vote: 480 ACTION: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ..... 7. NAYS: Nors._ BUDGET-PARKS AND RECREATION-GRANTS-RIVER PARK1NAYI EXPLORE PARK: The City Manager submitted a written report advising that Explore Park received a two year, $800,000.00, appropriation from the General Assembly, requiring unrestricted match funds; that for every one dollar raised by Explore, the State will provide a matching dollar;, that the City of Roanoke and other localities were requested to provide match funding for Explore Park; that on May 9, 1994, Council approved provision of a matching grant, in the amount of $25,000.00, with the understanding that an additional $25,000.00 would be provided during the following fiscal year if funds were available; that the first year match funding of $25,000.00 was provided to Explore Park on May 18, 1994; and the second year match funding has been requested by Explore Park. The City Manager recommended that Council authorize expenditure for the second year match funding, in the amount of $25,000.00, for Explore Park, and transfer $25,000.00 from Account No. 001-052.4340-1002 to Account No. 001-002-7220-3758, (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency budget ordinance: (~/32383-022795) AN ORDINANCE to amend and reordain certain sections of the 1994-95 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 86.) Mrs. Bowies moved the adoption of Ordinance No. 32383-022795. The motion was seconded by Mr, Edwards and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers ........... 7. NAYS: None Ii 481 BUDGET-GRANTS-SCIENCE MUSEUM OF WESTERN VA- I SCHOOLS: The City Manager submitted a wr?an report advising that the Science Museum of Wastem Virginia recamved $625,000.00 in State funding for renovation of the fourth floor galleries and Hopkins Planetarium, which funding requires restricted match funds; that for every one dollar raised by the Science Museum, the State will provide a matching dollar;, and the City of Roanoke and certain other localities were requested to provide match funding, aa more specifically set out in the report. It was further advised that on May 9, 1994, Council approved provision of a matching grant, in the amount of $25,000.00, with the understanding that an additional $25,000.00 would be provided during the following fiscal year if funds were available; that the first year match funding of $25,000.00 was provided to the Science Museum on May 18, 1994; and the second year match funding has been requested by the Science Museum. The City Manager recommended that Council authorize expenditure for the second year match funding, in the amount of $25,000.00, for the Science Museum of Weatem Virginia, and transfer $25,000.00 from Account No. 001-052-4340-1002 to Account No. 001- 002-7220-3759. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following emergency budget ordinance: (~32384-022795) AN ORDINANCE to amend and rsordain certain sections of the 1994-95 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 87.) ACTION: Mr. Edwards moved the adoption of Ordinance No. 32384-022795. The motion was seconded by Ma. Wyatt and adopted by the following vote: AYES: Council Members INhite, Wyatt, Bowies, Edwards, McCaddan, Parrott and Mayor Bowers .................. 7. NAYS: None ....................................... -0. 482 TRAFFIC-BRIDGES-HOUSINGIAUTHORITY-PLANNING-HOTEL ROANOKE CONFERENCE CENT. ER-VIRG!NIA TECH-STRE. ETS AND I ALLEYS: The City Manager subm,tted a written report advisIng that at its regular meeting on April 13, 1987, Council requested that the Virginia Department of Transportation (VDOT) program a project for roadway widening and realignment along First Strset/Gainsboro Road (from Madison Avenue, N. W., to Salem Avenue, S. W.) and at the intersection of Orange Avenue and Galnsboro Road; that an agreement with VDOT was authorized by Council on July 27, 1987, pursuant to Ordinance No. 28745, through which the City assumed responsibility for administering all aspects of the First Street/Galnsboro Road project; and the preliminary engineering phase would be generally handled on the normal 96 per cent VDOT and five per cent City cost-sharing basis (cost-sharing percentages in effect at that time). It was further advised that Downtown North Development Plan results were released on May 11, 1989, at a press conference, and included a recommendation to construct a four-lane Second Street Bridge instead of a four-lane First Street Bridge; that the Second Street corridor provides a clearer and more wall-defined west circumferential route than First Street; that the location and major design features of the widening and realignment of Second Streeti Galnsboro Road from Salem Avenue to Ore?ge Avenue we.re..approved by Council on October 1, 1990; and right-of-way acqu,s~t~on for 82 parcels of land relating to the project was authorized by Council on December 17, 1990, pursuant to Ordinance No. 30346-121790. The City Manager explained that roadway construction plans and right-of-way acquisition are nearing completion; that development of roadway construction plans necessitated adjustment of property acquisition lines; that additional property is needed on 11 parcels on the project to address proper design requirements for various street intersections, street tie-ins, handicap access and utility relocations; that acquisition of the additional areas is equivalent to six per cent of the total area required for the project and will not require additional demolition of buildings or displacement of people; that funding for acquisition of the additional properties is not to exceed $16,000.00, which funds are available within the project account; and the project schedule currently indicates that the advertisement for construction bids will occur as early as May 1995. 483 The City Manager recommended that Council authorize · acqui?.ition of the necessary rights-of-way for 11 parcels of land ident,fled on Attachment B to the City Manager's report and further authorize appropriate City officials to acquire and conduct condemnation proceedings, as necessary, pursuant to Section 33.1-89, et eeq, Code of Virginia (1950), as amended. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency ordinance: (#32385-022795) AN ORDINANCE providing for the acquisition of certain real estate needed by the City for the widening and realignment along Second StreetJGainaboro Road; ratifying any action already taken to acquire this property; setting a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 88.) ACTION: Mrs. Bowles moved the adoption of Ordinance No. 323854)22795. I The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers .............. 7. NAYS: None ..... -- - ............. --0. SPECIAL PERMITS-STREETS AND ALLEYS: The City Manager submitted a written report with regard to a request of Charles Duncan and Nell Schloeeberg for the City to open, grade and pave certain undeveloped sections of Monterey Road, N. E., and Pineland Road, S. W., advising that public rights-of-way, defined on the City's official maps as streets and alleys, are, for the most part, open, developed and paved for public use and access purposes; that public streets, in some instances, however, have not been developed and are commonly referred to as "paper streets", and generally labeled on City maps as 'undevelopsd"; and owners ofttm properties abutting the paper streets occasionally desire to build their homes in the City on various sections of the undeveloped streets, and the City Administration, from time to time, receives requests from owners for the City to open and pave certain limited sections of the streets. 484 The City Manager reviewed the procedure followed by the City Administration prior to 1987, and advised that a legal opinion issued in 1987 by the City Attomey concluded that under the provisions of Secl~on 15.1-368 of the Code of Virginia (t950), as amended, only City Council has the authority to determine and decide which streets should be opened and the manner in which such streets should be graded and constructed, therefor, the administrative procedure was rescinded at that time; and current policy and procedure requires that all requests for the City to open platted, but undeveloped streets, be reviewed by City staff, with a report and reconvnendation thereafter to be forwarded to Council for consideration and final disposition. The City Manager explained that owners of properties abutting certain undeveloped sections of Pineland Road, S. W., and Monterey Road, N. E., have submitted written requests (see letters attached to City Manager's report) for the City to open and extend limited sections of both streets; that the attomey for Charles Duncan, owner of property identified as Official Tax No. 7310111, states that his client was informed by the City, prior to purchase of the lot on Monterey Road, N. E., that the City would extend the street to the lot, if and when a house was constructed thereon, which contention cannot be continued; that property identified as Official Tax No. 5010320 is owned by Nell Schlossberg, who states that it is his intention to build and maintain his home in the City on a lot that is located on an undeveloped section of Pineland Read, S. W., and he is requesting that the City open, grade and pave a limited section of the street in order to provide proper public street access to his new residence. It was noted that building permits have been issued to Messre. Duncan and Schloasberg, and new upper-income single family dwellings are in the process of being constructed on both lots; that undeveloped streets and street sections similar to that of the subject Monterey and Pineland Roads continue to exist and remain at numerous locations within the City's overall street system; that standard administrative procedures are needed to effectively promote and attract new construction of middle and upper-income housing in the City; and a report and recommendations for establishment of efficient administrative procedures to facilitate the opening of undeveloped streets for new residential construction will be forwarded to City Council in the near future. 485 The City Manager recommended that Council approve the I requests of Charles Duncan and Neil Schlossberg for the City to open, grade and construct certain limited sections of Monterey Road, N. E., and Pineland Road, S. W., and further authorize and direct the City Manager to take the following actions: Appoint an officer under the City ManageCs direction to review and determine by personal Inspection of the premises likely to be affected by the proposed grading, as to what damages, if any, will accrue to the owners of any properties abutting thereto. File with the City Clerk, on behalf of the City, any and all applications necessary to close, vacate or othen~ise alter any residual portion of Pineland Road, S. W., as may be deemed necessary. In the event it is determined that no damages will accrue to any other abutting property as s result of the proposed grading, the City Manager shall thereafter direct City forces to open, grade and pave the subject sections of Monterey Road, N. E., and Pineland Road, S. W. I (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: (~/32386-022795) AN ORDINANCE authorizing the City Manager to appoint an officer to ascertain what damages, if any, will accrue to the owners of the several properties possibly affected by the opening and grading of portions of Monterey Road, N. E., and Pineland Road, S. W., and authorizing the City Manager to take certain other actions, including directing City forces to open and grade portions of Monterey Road, N. E., and Pineland Road, S. W., under certain circumstances, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 90.) ACTION: Ms. Wyatt moved the adoption of Ordinance No. 32386-022795. The motion was seconded by Mr. Parrott and adopted by the following vote: 486 AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers .............. 7. · · NAYS: Non= ....................................... --0. At 3:55 p.m., the Mayor declared the meeting in recess. At 4:06 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. BRIDGES-CONSULTANTS REPORTS: The City Manager submitted a written report advising that the City awarded an engineering services contract to Hayes, Seay, Mattem & Mattern, Inc. (HSMM), on September 14, 1992, in the amount of $212,959.00, for the following four bridge structures: Structure No. 8042 on Shenandoah Avenue crossing an unnamed branch for Phase I, Preliminary Design, Phase II, Final Design, and Phase III, Contract Administration. Design and construction are complete. Structure No. 8060 on Centre Avenue crossing an unnamed branch for Phase I, Preliminary Design, Phase II, Final Design, and Phase III, Contract Administration. Design and construction ara complete. Structure No. 1822 on Main Street crossing Roanoke River for Phase I, Preliminary Design, with cost estimate. Phase I is complete. Stn,cturs No. 8064 on Ninth Street crossing Roanoke River for Ph.a. ss I, Preliminary Design, with cost estimate. Phase I ,s complete. It was further advised that Amendment No. 1, in the amount of $7,800.00, was for the purpose of preparing an engineering report to confirm specific repairs necessary to maintain the integrity of the First Street Bridge over the railroad; that funds, in the amount of $28,278.00, remain in project Account No. 008-052-9548-9055; that Structure No. 1822 (Wassna Bridge) on Main Street crossing Roanoke River and No~olk Southern Railroad, Phase I, Preliminary Design is complete, and 487 plans need to be developed for repairs and maintenance of the bri.dge; I and Structure No. 8064 Ninth Street crossing Roanoke River, o.n Phase I, Preliminary Des;gn is complete, and plans need to be developed for repairs and maintenance of the bddge. The City Manager recommended that he be authorized to execute Amendment No. 2 to the City's englnssdng sswices contract with Hayes, Seay, Mat/ern & Mattem, Inc., in the amount of $10,379.00, for a new contract amount as follows: Current Contract Amount Amount for Amendment Ho. 2 $220,759.00 10.379.00 Revised Contract Amount $231.138.00 (For full text, see report on file in the City Clerk's Office.) Mr. Parrot/offered the following resolution: (#323874)22795) A RESOLUTION authorizing the execution of an amendment to the City's agreement with Hayes, Sssy, Mat/em & Mattern, Inc.,.for addit!onal engineering ssrvic, ss to be ped'.ormed in I connection w~th the Bridge Replacement/Repa, r Design project. (For full text of Resolution, see Resolution Book No. 57, page 92.) ACTION: Mr. Parrot/moved the adoption of Resolution No. 323874)22795. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCaddan, Parrot/and Mayor Bowers .............. 7. NAYS: None BUDGET-CITY SHERIFF-CITY JAIL-CMERP-EQUIPMENT: The City Manager submit/ed a written report advising that the General Fund Capital Maintenance and Equipment Replacement Program has identified the need for a new mandown/radio system at the City Jail; that the system consists of a portable radio for each deputy which will automatically send a request for help to the jail control center if it is tilted more than 60 degrees (deputy knocked down), and the deputy can also manually send a request for help by pushing the emergency 488 ACTION: ACTION: button; and specifications and a request for quotations were developed and bids were received until 2:00 p.m., on January 20, 1995, and opened · in the Office of the Manager of General Services on January 20, 1995. · The City Manager recommended that Council accept the bid of Valley Communications which meets all required specifications, for a total cost of $98,838.00; and appropriate $98,838.00 from General Fund Capital Maintenance and Equipment Replacement Account to Communications, Account No. 001-050-4130-9015. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#32388-022795) AN ORDINANCE to amend and reordain certain sections of the 1994-95 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 92.) Mr. White moved the adoption of Ordinance No. 32388-022795. The m. ofion was seconded by Mr. Edwards and adopted by the follow, ng vote: I AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ................ 7. NAYS: None ..................................... -0. Mr. White offered the following resolution: (#32389-022795) A RESOLUTION accepting a bid for the pumhase of a mandown/radio system by the She,i~'s Depadment, upon certain terms and conditions; and rejecting all other bids made for such items. (For full text of Resolution, see Resolution Book No. 57, page 93.) Mr. White moved the adoption of Resolution No. 32389-022795. The motion was seconded by Mr. Edwards and adopted by the following vote: 489 AYES: Council Members White, VVyatt, Bowles, Edwards, I McCadden, P;a,,~lt and Mayor Bower~ ................ 7. NAYS: None ............................. -0. HUMAN DEVELOPMENT-TOTAL ACTION AGAINST POVERTY- GRANTS-SCHOOLS: The City Manager submitted a written report advising that Bright STARS Technical Assistance Grant funds are available through the Virginia Council on Child Day Care and Early Childhood Programs to serve at-risk four-year old children who have been identified as needing pre-school educational services to reduce disparities upon formal school entry and to reduce or eliminate those risk factors that lead to early academic failure; that application for the grant was made at the request of TAP/Hesd Start and the Roanoke City Public Schools; and TAP/Head Start, the Roanoke City Schools and the Roanoke City Department of Social Services will be working cooperatively on the project. It was further advised that notification of approval from the Virginia Council on Child Day Care and Early Childhood Programs has been received and a planning grant in the amount of $7,000.00 is available, which will be used to develop a program services grant I application requesting funding in an amount up to $90,000.00 for the 1995-96 school year from the State to expand pre-school programs in the Roanoke City Schools. The City Manager recommended that Council concur in the following actions: accept the $7,000.00 grant from the Virginia Council on Child Day Care and Early Childhood Programs; appropriate $7,000.00 to accounts to be established by the Director of Finance in the Grant Fund; authorize the City Manager, or his designee, to execute the Bright STARS Technical Assistance Planning Grant on behalf of the City of Roanoke; and 490 ACTION: ACTION: authorize the City Manager, or hie designee, to execute appropriate agreements with Total Action Against Poverty in Roanoke Valley and Roanoke City Public Schools to ensure compliance with the grant requirements. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (~t32390-022795) AN ORDINANCE to amend and reordain certain sections of the 1994.95 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 94.) Ms. Wyatt moved the adoption of Ordinance No. 32390,022795. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ............. 7. NAYS: None ................................................. 4). Ms. Wyatt offered the following resolution: (ft32391-022795) A RESOLUTION authorizing acceptance of the Bright STARS Technical Assistance Planning Grant from the Virginia Council on Child Day Care and Early Childhood Programs, and authorizing execution of the necessary agreements with Total Action Against Poverty in the Roanoke Valley, Inc. and Roanoke City Public Schools to plan and develop a program services grant application. (For full text of Resolution, see Resolution Book No. 57, page 95.) Ms. Wyatt moved the adoption of Resolution No. 32391-022795. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers .................. 7. NAYS: None 491 LANDMARKS/HIST. PRESERVATION-HOTEL ROANOKE i CON. FERENCE CENTER-VIRGINIA TECH: The City submitted Manager a written report advising that the H. R. Foundation, Inc., is applying to the Virginia Department of Historic Resources for official designation of Hotel Roanoke aa a landmark on the Virginia Landmarks Register and the National Register of Historic Places, which designation is considered to be a great honor and recognizes the Hotel's cultural importance in Roanoke'a early railroad history and its meritorious Old English style architecture; and inclusion on the State and National Registers would provide the Hotel with significant public recognition. It was further advised that in accordance with State regulations, the local goveming body must endorse inclusion of property on State and National Registers; whereupon, the City Manager requested that Council support the H. R. Foundation's application by adopting the appropriate measure, which inclusion, if approved, will be a positive step in preserving an important historic property and in acknowledging architectural and cultural assets of the region. (For full text, see report on file in the City Clerk's Office.) Mm. Bowles offered the following resolution: I (f/32392-022795) A RESOLUTION endom~ng the inclusion of the Hotel Roanoke as a landmark on the Virginia Landmarks Register and the National Register of Historic Places. (For full text of Resolution, see Resolution Book No. 57, page 96.) ACTION: Mrs. Bowles moved the adoption of Rasolulion No. 32392-022795. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers ................ 7. NAYS: None DIRECTOR OF FINANCE: 492 BUDGET-DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of January 1995. (For full text, see financial report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the financial report would be received and filed. BUDGET-HOUSING/AUTHORITY-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 large 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 renting properties and by receiving loan repayments from project area residents; and the Housing Authority is required to transfer program income to the City of Roanoke, and the City is required to use the income for community development activities. It was explained that the Housing Authority has made payments to the City in the amount of $129,164.00 from July 1, 1993 through January 31, 1995, for the following program income: $16,531.00 in rental rehabilitation loan repayments; $45,394.00 in other program income in excess of income previously appropriated, with other program income primarily received from loan repayments and parking lot rentals; and $67,239.00 for the sale of land in Shaffere Crossing and Gainsboro. It was further explained that the City has received the following miscellaneous program income: $211,$75.00 in interest eamed through January 31, 1995, on the Conference Center Section 108 $6.0 million funds, which earnings are required by the U. S. Department of Housing and Urban Development to be spent on Section 108 loan repayments; 493 $20,436.00 in rental income from the Willlamson Road Parking Garage; $10,082.00 in loan repayments received by the City under the Home Purchase Assistance Program; and $32,099.00 in other program income relating to TAP-SRO loan repayments, interest earned on program income, and other loan repayments, which is the difference between what was previously appropriated and actually received. The Director of Finance recommended that Council appropriate $403,356.00 in program income, which amounts will be appropriated to unprogrammed accounts and will be available for further appropriation transfers for community development proposes, aa follows: $69,423.00 to Account No. 035-093-9330-5135, Hotel Roanoke Section 108 Interest; $16,631.00 to Account No. 035-093-9340-5t80, Unprogrammed CDBG - Rental Rehabilitation Loans; I $20,436.08 to Account. No. 035-093-9340-5182, Unprogrammed CDBG - Will;amson Road Garage; $32,099.00 to Account No. Unprogrammed CDBG - Other; 035-093-9340-5189, $10,082.00 to Account No. 035-093-9340-5192, Unprogrammed CDBG - Home Purchase Assistance Program; $45,394.00 to Account No. 035-093-9340-5197, Unprogrammed CDBG - Roanoke Redevelopment and Housing Authority; $142,152.00 to Account No. 035-094-9430-5135, Hotel Roanoke Section 108 interest; and $67,239.00 to Account No. 035-094-9440-5189, Unprogrammed CDBG - Other. i (For full text, see report on file in the City Clerk's Office.) 494 ACTION: Mr. McCedden offered the following emergency budget ordinance: (#32393-022795) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 97.) Mr. McCadden moved the adoption of Ordinance No. 32393- 022795. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers .............. 7. NAYS: None 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-SIGNS/.BI..LLBOARDS/AWNINGS: Mr.. McCadden referred to recent publ,c,ty in regard to the "Big Boy" s,gn on top of a building at 114 South Jefferson Street, advising that the matter is not an issue over whether an individual is right or wrong, but an issue of a department doing its job based on instructions of a local government; whereupon, he inquired as to the status of the matter. The City Manager responded that Roanoke is a City of laws and not of individual people, with officials who try to listen closely to the issues that ara raised in 1995. He advised that the current sign ordinance was adopted in 1982; that in its 1994 work program, the City Planning Commission suggested a review of the City's sign ordinance; whereupon, the Ci~ Mana.ger offere, d to correspond with the Chairperson of the C,ty Plann,ng Comm,ssion to request that the 495 Planning Commission pursue the entire question of a review of the sign I ordinance and the specific i..ssue of the "Big Boy" sign., and to submit a report and recommendehon to Council for cons,deretion as to whether or not the Cib/e current sign regulations accurately reflect the ne~Js of the Roanoke community in the year 1995. He pointed out that he did not know how long it will take to study the matter, however, inasmuch as the item is currently on the City Planning Commission's work program for this year, with the proper support from his office, the Planning Commission will be in a position to move forward. In connection with the dispute over the "Big Boy" sign on top of the building at 114 South Jefferson Street, Mr. HeCoert spoke in support of allowing the legislative process to take its own direction, advising that City staff wishes to enforce the laws that best reflect Counci's judgement in regard to the sign ordinance, and to that extent, it is believed that the City should step back and let the legislative process move f~rward, which will allow Council the opportunity to establish the City's rules and regulations. He noted that it will take a period of time to go through the process, however, within 30 days he should be in a position to provide a more definite time table. ACTION: Mr. McCadden moved that the matter of the "Big Boy" sign I located on top of a building at 114 South Jefferson Street and a review of the City's cu¢~'~nt sign regulations be reran-ed to the City Manager for report to Council. The motion was seconded by Mr. Parrott and unanimously adopted. OTHER HEARINGS OF CITIZENS: COMPLAJNTS4.ANDMARKS/HIST. PRESERVATION-LIBRARIES: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared before Council and advised that she did not object to the historic designation of The Hotel Roanoke which was approved by Council earlier in the meeting. She explained that over three years ago, a request was submitted to the City that the Gainsboro Library be designated as an historic landmark, both for its cultural and architectural significance; however, the matter has not been presented to the Council for action; whereupon, she inquired if the proper procedure had been followed. The City Manager responded that from time to time, citizens request that City owned buildings be designated for historic purposes, and there is a different level of need or urgency to act on these types of properties as opposed to properties that are not under the City's 496 control. He stated that City Staff review of the request for Gainsboro Library historic designation has not been completed, however, he would anticipate that the matter will be submitted to Council for appropriate action by June 30, 1995. When the City Manager submits his report to Council on the abovedescrJbed matter, the Mayor requested that Council be provided with information on other City properties that are potential candidates for historic designation. At 4:35 p.m., the Mayor declared the meeting in recess. At 4:55 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member McCadden. ACTION: COUNCIL: With respect to the Executive Session just concluded, Mr. Parrott moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Edwards, Parrott and Mayor Bowers ................................................... -6. NAYS: None (Council Member McCadden was absent.) There being no further business, the Mayor declared the meeting adjourned at 4:57 p.m. APPROVED ATTEST: Mary F. Parker David A. Bowers City Clerk Mayor 497 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL March 13, 1995 3:00 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, March 13, 1995, at 3:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reauler Meetinqs, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Linda F. Wyatt, Elizabeth T. Bowles, John S. Edwards, Delvis O. McCadden, John H. Parrott, William White, Sr., and Mayor David A. Bowers .............................................. 7. ABSENT: None .................................................. -0. OFFICERS PRESENT: W. Robert Herbert, City Manager;, James Do Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attomey; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. I The meeting was o.p?ned with a prayer by The Reverend Donald E. Eshelmon, Pastor, Patterson Memorial Grace Brethren Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT-CITY SHERIFF-CITY JAIL: On behalf of the Members of Council, the Mayor congratulated Sheriff W. Alvin Hudson upon achievement of "unconditional certification" of the Roanoke City Jail, which means that the jail was found to be in 100 per cent compliance with all State standards for the operation of local jails as established by the Board of Corrections. He advised that every three years auditors from the Department of Corrections must inspect the jail for compliance with the 107 State standards and they found no problems in regard to management or operation of the jail. PROCLAMATIONS-ACTS OF ACKNOWLEDGEMENT-UNITED WAY-DISABLED PERSONS: The Mayor issued a proclamation declaring March t995 as ARC Roanoke, Inc. Month. (For full text, see proclamation on file in the City Clerk's Office.) 498 ACTION: ACTION: SISTER CITIES: Following the viewing of a video with regard to the City of Florian~polis, ~anta Catadna, Brazil, Mr. Edwards offered the fo#owing resolution in connection with a new Sister City relationship: (#32394-031395) A RESOLUTION expressing the intent of the City of Roanoke to enter into a new Sister City relationship with the City of Floriantpolis, Santa Catarina, Brazil; authorizing negotiations with the proper City officials of the City of Floriantpolis and other parties to establish a Sister City relationship and a cultural exchange program between the two Cities; and authorizing the Mayor to execute any required agreements on behalf of the City. (For full text of Resolution, see Resolution Book No. 57, page 100.) Mr. Edwards moved the adoption of Resolution No. 32394- 031395. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ...................................... 7. NAYS: None. ~ENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to a request for an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council. Mrs. Bowies moved that the Consent Agenda be approved. The motion was seconded by Mr. Parrott. Ms. Wyatt requested that the motion be amended to remove Item C-3 from the Consent Agenda for separate discussion; whereupon, the motion, as amended, wes adopted by the following vote: AYES: Council Members Bowies, Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers- · ........... 7. NAYS: None .............................. -0. 499 MINUTES: Minutes of the regular meetings of City Council held on Monday, November 14, 1994, and Monday, November 28, 1994, 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. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowere ......................... -7. NAYS: None ........................................ -0. ACTION: COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), aa amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ........................... 7. NAYS: None .......................................... -0. U. S. CONFERENCE OF MAYORS-BUDGET-HUMAN DEVELOPMENT-TAXES-LEGISLATION-HOUSING/AUTHORITY - GRANTS-FDETC-YOUTH-AMTRAK: A communication from Mayor David A. Bowers transmitting an "Action Alert", dated February 24, t995, from The United States Conference of Mayors with regard to significant cuts proposed in the Federal budget which could negatively and directly impact programs in the City of Roanoke, was before Council. 5OO ACTION: ACTION: .The Mayor advised that all. citizens should be conce.m, ed about the ?.~gniflcant cuts proposed in the .Federal budget which cou!d · negatively and directly Impact programs in the City of Roanoke; and in particular, he called attention to proposed cuts in Community Development Block Grant "Section 8" rental subsidy vouchers, the Women, Infants, and Children (WIC) program, the Summer Youth Job Training Program, funding for dislocated worker retraining (which might affect the Fifth District Employment and Training Consortium), environmental funding, AMTRAK funding, and homeless assistance. The Mayor stated that he joins with most Americans in the belief that the Federal budget should be balanced, however, citizens should also be aware that tax cuts or further cuts in services by Congress may affect municipalities, like Roanoke, throughout the nation. (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. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ......................... 7. NAYS: None · OATHS OF OFFICE-COMMITTEES-YOUTH: A report, of qual,flcation of Carolyn Word as a member of the Youth Services Citizen Board, for a ter,. ending May 31, 1996, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ........................ 7. NAYS: None .............................................. 4. 501 SCHOOLS: Consent Agenda Item No. C-3 with regard to teacher salaries having been removed from the Consent Agenda for separate discussion, the matter was before the body. A communication from the Mayor in connection with an article that appeared in the March 8, 1995, edition of the Roanoke Times & World News in regard to efforts of the Roanoke City School Board to reiss teachers' sslaHea in the City schools to be more comparable with salaries of teachers in the Roanoke County school system; however, the article also indicated that the County School Board may soon raise salaries so that County school teachere may again be paid more than City teachers, was before Council. The Mayor advised that in the spirit of Valley cooperation and for the good of taxpayers in both jurisdictions, it seems that a unique opportunity exists this year, or within a multi-year cycle, to initiate uniform valley-wide school teachers' salaries in the City and in the County; that Roanoke should not have a City system that competes with the County system; and in his opinion, the efficient way to run local government is to initiate uniform valley-wide school teachers' salaries. The Mayor requested that the matter be referred to the joint budget meeting of City Council and the School Board in May 1995. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. McCadden moved that the matter be referred to the City Council/School Board budget meeting in May 1995. The motion was seconded by Mr. White. Ms. Wyatt advised that under the previous school administration and School Board, there was a great deal of effort in regard to salaries for upper level administrators, that a great deal of money was invested in experimental programs and an aggressive building renovation program was initiated; the~,~;ore, teacher salaries and salaries for other school employees was Iow on the priority list and during the period of the salary mandate, the City of Roanoke failed to meet those mandates six out of the seven years, which also helped to create the kind of chasm that presently exists in Roanoke's system of salaries compared to those of adjoining localities. She stated that the City of Salem and Roanoke County have emphasized the importance of working toward 502 teacher salaries reaching the national average, not above but .to the mid point. She advised that new and beautiful buildings and ,nnovative · programs ara only as effective as the people who occupy those buildings who are charged with the responsibility of administering and delivering the programs; and the City of Roanoke is fortunate to have a large percentage of educators in its school system who continue to care about the children of Roanoke, despite the disparities in their pay checks when compared to other Roanoke Valley school systems. She submitted that if Roanoke City wishes to have comparable salaries with other localities, the City should adopt the same goal and endeavor to raise teacher salaries to the national level. Mr. Edwards reiterated the remarks of Ms. Wyatt and advised that the goal should be to raise teacher salaries to the national average. Mr. Whits concurred in the above remarks, however, he noted that the issue of teacher salaries is the direct responsibility of the Roanoke City School Board and expressed concern that Council might be overstepping its bounds in trying to set policy regarding school teacher salaries. Mr. McCaddan concurred in the rem.a.~s of Mr. White, ad. vising that Council would be in the wrong area ,f !t discusses salaries for teachera or other school personnel which is w~thin the realm and scope of the School Board. He raspectfully suggested that the Mayor remove his communication from the agenda and pursue the matter with the School Board as a personal matter and not as a matter from Council. In response to the above comments, the Mayor advised that over the years, City and County schools have competed against each other and as soon as ssladas of City teschera get ahead of County teachers, which is the case at present, the County moves ahead of the City, thus, one system is more or less pitted against the other, which is not in the best interest of the taxpayers of the City or the County. He stated that his proposal is an effort to stop the process of pitting one jurisdiction against the other. He called attention to concerns that have been expressed over the years in regard to City teachers who come into the system, remain for a brief period, and move on to other Iocalitiss with higher pay scales. He advised that although the issue of teacher salaries is not directly involved with the City Council, it is a topic that could be discussed with the School Board, and it is a matter that involves cooperation between Roanoke City and Roanoke County. 503 i Mr. McCadden reiterated his previous statement that the matter should be brought ~ the attention of the School Board individually by the Mayor and not ~nvolve the Council as a whole in the discussion. At 3:40 p.m., the Mayor declared the meeting in recess. At 3:43 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance. ACTION: With the concurrence of Council, the Mayor requested that the item be withdrawn from the agenda. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. OTHER HEARING OF CITIZENS: None. PETITIONS AND COMMUNICATIONS: SCHOOLS: A communication from Mayor David A. Bowers advising that on June 30, 1995, there will be two vacancies on the I Roa..noke City School Board, for terms commencing July 1, 1995, and end,ng June 30, 1998; .tha.t. pursuant to Chapter 9, Education, Section 9-t7, Candidate's Appl,cation, Code of the City of Roanoke (1979), as amended, the deadline for receipt of applications is Friday, March 10, 1995; that, to date, only two applications have been filed with the City Clerk; that while he is confident that both individuals are qualified applicants, he is concemed that the matter has not received sufficient publicity in order to generate the desired response; and after conferring with the City Attorney, he was advised that the Members of Council may legally extend the deadline for receipt of applications, was before Council. The Mayor recommended that the deadline for receipt of School Board applications be extended for a period of two weeks and that applications will be received by the City Clerk until 5:00 p.m., on Friday, March 24, 1995. (For full text, see communication on file in the City Clerk's Office.) Mr. Parrott offered the following emergency ordinance: "AN ORDINANCE amending Section 9-17, Candidate's ~dJ_cdlUg. Q, of Article II, Procedure for election of school trustee, of Chapter 9, ~, Code of the City of Roanoke (1979), as amended, to provide for a one-time extension of the deadline for the filing of 504 ACTION: applications for the office of school board trust~.; a.n.d providing for an ,, emergency and an effective date and term,nation date of this I ordinance." Mr. Parrott moved the adoption of the Ordinance. The motion was seconded by Mr. White. Upon question, the City Clerk advised that three applications were received prior to the deadline on March 10, 1995, at 5:00 p.m. Mr. Edwards expressed concern with regard to extending the deadline when three qualified applicants have applied and inasmuch as the matter was legally advertised in accordance with provisions of the City Code. He stated that it would be unfair to those persons who applied in a timely manner if the deadline is extended. Mr. Parrott concurred in the suggestion of the Mayor, and Mr. McCadden advised that when he was informed about the Mayor's suggestio, n, the deadline fo.r. receipt of applications was fast approach;ng and only two appl,cations had been received inthe City Clerk's Office. He pointed out that Roanoke ia a city of approximately 100,000 ci.~zens and it troub, lss him to think that only two citizens would be ,nterested in serv,ng on the School Board, therefore, he concurred that the deadline should be extended to determine if there are other interested citizens. He advised that it is time for the citizens of Roanoke to show their true colors - do they care about their school system - and for that reason, he would be in favor of extending the deadline until March 24, 1995. Ms. Wyatt expressed concern about changing the rules in mid stream, advising that if an applicant missed the deadline and wished to file, for example, one day late, that individual would be held accountable for following the rules, and accordingly, if Council intends to hold citizens accountable for following the rules, then the Council should also follow its own established rules and procedures. Inasmuch as five votes are required for passage of emergency measures, the ordinance was lost by the following vote: AYES: Council Members McCadden, Parrott, White and Mayor Bowers ......... 4. NAYS: Council Members Wyatt, Bowles and Edwards 3. .I 505 The City Attorney explained ..t~.t inasmuch as the ordinance was I prepared as an emergency and d,d not receive sufficient votes for passage, Council could delete the emergency clause, adopt the ordinance today on its first reading, adopt the ordinance on its second reading at the Council meeting on Monday, March 27, 1995, and the ordinance would take effect ten days thereafter, or April 6, 1995. ACTION: Mr. Parrott moved that the reception for School Board applicants which was previously scheduled for Monday, March 13, 1995, st 5:30 p.m., be rescheduled for Monday, March 27, 1995, st 5:15 p.m. The motion was seconded by Mr. McCadden and adopted. ACTION: Mr. White moved for a reconsideration of the ordinance extending the deadline for receipt of School Board applications until March 24, 1995. The motion was seconded by Mr. McCedden and adopted. Pursuant to the following roll call vote, the ordinance extending the deadline for receipt of applications until March 24, 1995, was lost by the following vote: AYES: Council. Members Parrott and Mayor Bowers .-2. NAYS: Counc,I Members Wyatt, Bowles, Edwards, McCadden and White ....... --5. Mr. McCadden requested that the record reflect that he reluctantly changed his vote to enable the process to proceed as previously established by Council, and to provide due process for the three applicants who applied prior to the March 10, 1995, deadline. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-CITY NURSING HOME-HUMAN DEVELOPMENT-CMERP: The City Manager submitted a written report advising that the Roanoke City Nursing Home has been in operation at its current location at Coyner Springs since August 1958; that the cu.rre, nt building, constructed in 1939 to house a tuberculosis sanitarium, ,s 56 old; years 5O6 that annual maintenance costs for the facility have averaged $79,000.00, and the facility is now in good condition; that because of the age of the facility, them are numerous maintenance and Improvement needs; and ~ the facility does not meet current State standards for new nursing homes. It was further advised that the facility is operated financially as an Enterprise Fund, with the General Fund providing local tax dollars to subsidize the difference in operating revenues (Medicaid reimbursements and patient payments) and operating expenditures; that Medicaid reimbursements have been a substantial source of funding for operation of the nursing home because a high percentage of patients ars Medicaid eligible; that State action in 1982 to limit the amount of Medicaid reimbursement to private and local government- operated nursing homes resulted in a $192,000.00 reduction in Medicaid revenues collected; that Medicaid revenues for the nursing home have never recovered to prs-1982 levels; and the amount of local tax dollars required to support the operation of the nursing home in fiscal year 1994-95 is $440,750.00. It was explained that construction of a new nursing home facility will be necassary in the near future if the City continues to operate the home as a City department, at an estimated cost of $3 million, or the equivalent of a ten per cent increase in the real estate tax; that the amount of tax dollars required to support the home's operation will continue to grow because of the limits placed on Medicaid reimbursements, since a large percentage (92 per cent) of nursing home residents are Medicaid eligible; and an internal staff team was formed in 1994 to study two major concerns of facility condition and a growing local tax subsidy and to identify options for addressing those concerns. It was pointed out that service delivery options identified by the staff team include the following: continue to operate the nursing home as a City department and build a new nursing home facility at an estimated cost of $3 million; hire a professional nursing home management firm to operate the nursing home with the City still being responsible for building a new facility; 507 operate the nursing home under a non-profit corpora~on I or commission with ~e corporation or commission being responsible for build,ng a new facility; and allow a private developer/operator to build a new facility and provide the service. The City Manager explained that the primary issue determined by the team is whether the City needs to remain in the nursing home business, per'dculady with the rising local tax dollar subsidy, the need to construct a new facility, and the availability of nursing home space at other nursing homes in the Roanoke Valley for those persons needing care; and the primary recommendation of the team is to consider proposals from private developers or operators interested in constructing and operating a new nursing home if the following criteria can be met: offer all existing patients the option to transfer to the new facility; and offer all existing employees the option to transfer to the new facility, an.d. protect their jobs and compensation to the extent poss,ble. The City Manager advised that the staff further recommended, based on research of how other localities have successfully managed the transition from public to private service delivery, that the City Attorney be authorized to retain special counsel to help navigate through the very complex State laws and regulations, including Medicaid regulations, that must be complied with in such a transition, at an estimated cost of $70,000.00 for such assistance. The City Manager recommended that Council concur in the continued study of alternative service delivery methods identified by the staff team for the nursing home, and appropriate $70,000.00 for legal assistance so that the option of ailow, i...n.g a private developer/operator to construct and operate a new fac,l,ty can be fully explored; and appropriate $25,000.00 from Nursing Home Fund Retained Earnings and $45,000.00 from the fiscal year 1993-94 Capital Maintenance and Equipment Replacement Program balance remaining to Account No. 009-094-5340-2010 in the Nursing Home Fund. (For full text, see report on file in the City Clerk's Office.) 508 ACTION: Mrs. Bowles offered the following emergency budget ordinance: (~32396-031395) AN ORDINANCE to amend and reordain certain sections of the 1994-96 Nursing Home and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 101.) Mrs. Bowles moved the adoption of Ordinance No. 323954)31395. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ........................ 7. NAYS: None ............................................. 4). BUDGET-HOUSING~AUTHORITY-PLANNING.GRANTS: The City Manager submitted a written report advising that projects associated with the Gainsboro Conservation/Redevelopment Plan are among the variety of Community Development Block Grant (CDBG) funded programs administered by the City of Roanoke Redevelopment and Housing .Authority; and Council approved a Contract for Services with the Housing Authority for administration of the activities in the 1994.96 fiscal year on August 8, 1994, pursuant to Resolution No. 321374)80894. It was further advised that Council approved Amendment No. 1 to the Contract for Services on November 28, 1994, pursuant to Resolution No. 32262-112894; that Gainsboro Enhancement Project II is a program addressed in the current contract to assist the City with a project to relocate, rehabilitate and resell two structures previously located behind The Hotel Roanoke at 42 and 56 Wells Avenue, N. E., to 12 and 18 Gilmer Avenue, N. E., which relocation is complete; that funding in the current contract for the project is $178,295.00, which includes $162,152.00 for project costs and $16,143.00 for staff support costs; and a recommendation for the project was originally mede by the City Planning Commission as part its review of the Wells Avenue Redevelopment Project, inasmuch as the two structures have a historical value and importance to the Gainsboro community. It was explained that bids were opened for rehabilitation of the two structures located at 12 and t8 Gilmer Avenue, N. E., by the Housing Authority on February 2, 1995; that two bids were received and the Housing Authority recommends awarding the bid to the lowest 509 bi..d~r., Building Specialist, Inc., for a lump sum smo.unt of $219,300.00, wh,ch bid was $17,200.00 Iow.e..r. than the other b,.d. received by the Housing Authority; that an addmt,onal $16,000.00 ~nll be required for landscaping and weatherization of the structures, which services were not included in the bid; that a current balance of $60,513.00 remains in the Housing Authority's Gainsboro Enhancement II project account, with an additional $174,787.00 needed to complete the project; that Council authorized appropriation of program income from the Housing Authority and other miscellaneous accounts to Unprogrammed CDBG accounts on February 27, 1995, pursuant to Ordinance No. 32393- 022795; and an amendment is necessary to the CDBG Contract for Sewices with the Housing Authority to increase the project budget for the Galnsboro Enhancement II project accounts from $178,295.00 to $353,082.00 for completion of the project which includes rehabilitation, weatherization and landscaping of the properties located at 12 and 18 Gilmer Avenue, N. E. The City Manager recommended that Council concur in the following actions: authorize execution of Amendment No. 2 to the 1994-95 Community Development Block Grant Contract for Servi.ces with the City of Roanoke Redevelopment and Hous,ng Authority; ;,,,nsfer the following amounts totalling $108,011.00 from the CDBG accounts listed below to Gainsboro Enhancement II, Account No. 0354)93-9320-5009: Account No. 0354)93-9340-6182 Account No. 0354)93-9340-5192 Account No. 0354)93-9340-5197 Account No. 0354)93-9340-5189 $ 20,436.00 10,082.00 45,394.00 32.099.00 $108,011.00 transfer $66,776.00 from CDBG Account No. 0354)94-9440- 5189 to Gainsboro II, Account No. 0364)94-9420-5009. (For full text, see report on file in the City Clerk's Office.) 510 ACTION: ACTION: Ms. Wyatt offered the following emergency budget ordinance: (#323964)31395) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 103.) Ms. Wyatt moved the adoption of Ordinance No. 32396-031395. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ...................... 7. NAYS: Non: Ms. Wyatt offered the following resolution: (#32397-031395) A RESOLUTION authorizing the appropriate City officials to enter into Amendment No. 2 to the Community Development Block Grant Subrecipient Agreeman.t between.t, he City and the City of Roanoke .R. edevelopment and Hous,ng Authonty, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 57, page 105.) Ms. Wyatt moved the adoption of Resolution No. 32397-031395. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers .................................. 7. NAYS: None., BUDGET-TRAFFIC-STATE HIGHWAYS-WATER RESOURCES- STREETS AND ALLEYS: The City Manager submitted a written report advising that on March 7, 1994, Council accepted a bid submitted by Laramore Construction Co., Inc., for the Carvins Cove Phase II water main project, Contract A-2, which work was started as of May 23, 1994; that the project extends a water main from Williamson Road at P!antation Road southward to FIo. rist Road near Vemdale Drive; that plans prepared by Dewberry & Daws propose an alignment for a portion 511 of the new pipeline to follow on. the wostem side of Williamson Road (Route 11) between Greenway and Manor Drive; that the proposed Drive. corridor ia located in a public right-of.way crowded with existing underground utilities and difficult terrain, which conditions eliminate use of the proposed corridor without costly utility relocations; that since the utilities are located in the State-owned right-of-way, the cost of relocation would be the responsibility of the City, at an estimated cost of $225,000.00; and all other altamative routes would require the acquisition of additional easements across private property. It was further advised that City staff and the consultant have met with the Virginia Depe,t,~ent of Transportation (VOOT) to gain approval for laying the proposed pipeline under the existing outbound lane of Route 11, which alignment has been approved by VDOT; that the new alignment requires restoration of pavement and maintenance of traffic during construction which was not anticipated in the original bid; that Change Order No. 4, in the amount of $169,074.65, provides for ail work items associated with the changed alignment, as set forth in the report; and current funds were encumbered in the original contract amount of $1,469,735.00: Original Contract Amount Change Order No. 1 Change Order No. 2 Change Order No. 3 Proposed Change Order No. 4 $1,469,735.00 2,771.00 69,196.00 475.00 169.074.65 New Contract Amount $1.711.250.65 The City Manager recommended that Council concur in the following actions: authorize execution of Change Order No. 4, in the amount of $169,074.65, to the contract with Laramore Construction Co., Inc.; and transfer $96,000.00 from Account No. 002-056.8370-9001, Carvins Cove Phase II, Contract B-2, to Account No. 002- 056-8373-9001, Carvins Cove Phase II, Contract A-2. (For full text, see report on file in the City Clerk's Office.) 512 ACTION: ACTION: Mrs. Bowies offered the following emergency budget o.rdinance: (#32398-031395) AN ORDINANCE to amend and reorda,n certain I sections of the t994-05 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 105.) Mrs. Bowles moved the adoption of Ordinance No. 32398-031395. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ........................... 7. NAYS: None ...................................................... -0. Mrs. Bowles offered the following emergency ordinance: (#32399-031395) AN ORDINANCE approving the City Manager's issuance of Change Order No. 4 to the City's contract with Laramore Construction Co., Inc., in connection with Carvins Cove Filter Plant Improvements - Phase II, CohO-act A-2; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 107.) Mrs. Bowies moved the adoption of Ordinance No. 32399-031395. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers ........................... 7. NAYS: None WATER RESOURCES-STREETS AND ALLEYS: The City Manager submitted a written report advising that on June 28, 1993, Council accepted a bid submitted by Aaron J. Conner General Contractor, Inc., for Carvins Cove Phase II, Contract B-2, which work was started as of October 7, 1993. 513 It was further advised that the project extends a water main from I the vicinity of Hollins Road at the Norfolk Southern Railroad southward generally following Hollins Road to Orange Avenue; that several changes to the plans have been needed in order to meet field conditions and operational needs; that a listing of additions and credits is included in Attachment A to the City Manager's report, with the net effect of all changes being a credit in the amount of $261,258.79; that work Is complete with the exception of minor punch list items; and current funds are encumbered in the amount of $2,473,685.40: Original Contract Amount Change Order No. 1 Proposed Change Order No. 2 $2,473,685.40 (117,336.00) New Contract Amount ~;2,096.093~61 The City Manager recommended that Council authorize execution of Change Order No. 2, in the credit amount of $261,265.79, to the contract with Aaron J. Conner General Contractor, Inc. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency ordinance: (~32400-031396) AN ORDINANCE approving the City Manager's issuance of Change Order No. 4 to the City's contract with Laramore Construction Co., Inc., in connection with Carvins Cove Filter Plant Improvements - Phase II, Contract A-2; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 67, page 108.) ACTION: Mr. Parmtt moved the adoption of Ordinance No. 32400-031395. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers .......................... 7. NAYS: None ................................................ -0. BUDGET-PUBUC WORKS-SNOW REMOVAL: The City Manager submitted a written report advising that major snow and ice storms occurred in the Roanoke Valley on January 6, 7, 28, 29 and February 1, 4, 15, 1995, which deposited approximately 12 inches of 514 ACTION: enow and ice accumulation at the Roanoke Regional Airport; and the 1994-95 budget includes $110,120.00 for snow and ice removal from I City streets and rights-of-way, for overtime salaries, and supplies and chemicals, while other operating accounts are used for regular salary and equipment costs. It was further advised that City employees have returned to their regular duties at this time; that approximately 1,878 hours of regular time and 2,925 hours of overtime was expended plowing and spreading salt and abrasives on streets, and keeping equipment in service, etc., with salary cost to date at approximately $57,084.00; that City equipment has operated more than 3,353 hours, with the cost of fuel, parts, and supplies to date in excess of $4,925.00; that 2,255 tons of rock salt and abrasives were spread on streets and bridges, at a value of more than $101,938.00; and total cost to the City for snow and ice removal efforts thus far this season is approximately $163,947.00. The City Manager recommended that Council authorize the transfer of $45,850.00 ;~vm the General Fund Contingency, Account No. 0014)02-9410-2199, to Snow Removal, Account No. 001-052-4140-2045, Chemicals. (For full text, see report on file in the City Clerk's Office.) I Ms. Wyatt offered the following emergency budget ordinance: (f~32401-031385) AN ORDINANCE to amend and reordain certain sections of the 1994-95 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 109.) Ms. Wyatt moved the adoption of Ordinance No. 32401-031395. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCaddan, Parrott, White and Mayor Bowers-- - ....................... 7. NAYS: None .................................................... -0. 515 BUDGET-PARKS AND RECREATION-FIRE DEPARTMENT- I DEPARTM ENT-CM ERP-LIBRARIE. S-J &. COMMUNICATIONS D RELA'I1ONS DISTRICT COURT: The City Manager subm,tted a written report advising that the General Fund Capital Maintenance and Equipment Replacement Program has identified needs and projects for vadous City Departments, which are necessary for the continued efficient and effective ped~ormance of assigned responsibilities and support for vadous City projects; and the following items will be procured in accordance with the procurement section of the Code of the City of Roanoke (1979), as amended: Fir~ 170 self-contained breathing apparatus masks $ 40,295.00 Library microfilm readers/printers 38,000.00 Parks and Grounds Maintenance City-Wide Reforestation Program Phase I repair ballfields 25,000.00 50,000.00 Utility Line Services skid steer loader for warehouse storage in pipe lot 25,277.00 Juvenile and Domestic Relations District Court COUrt renovations 2,010.00 516 telephone replacement equipment for ~ City Jail, Personnel Department, Juvenile and Domestic Relations District Court and building inspections 75.000.00 Total The City Manager recommended that Council concur in the following actions: appropriate $230,305.00 from the General Fund Capital Maintenance and Equipment Replacement Program to the following accounts: $40,295.00 to Fire Department, Account No. 001-050-3213-2035 $38,000.00 to Library, Account No. 001-054- 7310-9015 $75.,000.00 to Parks and G~no.~nds I Maintenance, Account No. 001-052-4340 3005 $2,010.00 to Juvenile and Domestic Relations District Court, Capital Projects Account No. 008-052-9687-9065 $75,000.00 to Communications Department, Account No. 001-050-4130.9015 appropriate $25,277.00 from Utility Line Services Prior Year Retained Earnings Account to Utility Line Services, Account No. 016-056.2625-9015. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: 517 t . (#32402-031395) AN ORDINANCE to amend and reordain certain sect, ohs of the 1994-95 General, Capital Projects and Utility Line Sewices Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 111.) ACTION: Mr. White moved the adoption of Ordinance No. 32402.031395. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ............... 7. NAYS: None ......................................... .0. REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: SCHOOLS: Council Member McCadden presented communications from third grade students in Ms. Mercedes James' class at Fairvlew Elementary School, and advised that the one question raised by students pertained to why persons ars permitted to smoke in public restaurants. The City Clerk was requested to acknowledge receipt of the communications, and the City Attomey wes requested to respond to the inquiry in regard to smoking in public restaurants. (For full text, see communications on file in the City Clerk's Office.) ACTION: OATHS OF OFFICE-PARKS AND RECREATION-COMMITTEES: Mrs. Bowies moved that the City Clerk be instructed to place an item on the City Council agenda on Monday, March 27, 1995, at 3:00 p.m., with 518 ACTION: ACTION: regard to consideration by Council of expansion of membership of the Mill Mountain Development Committee. The motion was seconded by ~ Mr. Parrott and unanimously adopted. OTHER HEARINGS OF CITIZENS: None. At 4:10 p.m., the Mayor declared the meeting in recess. At 4:28 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With respect to the Executive Session just concluded, Ms. Wyatt moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ................................. 7. NAYS: None .............................................. -0. OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that the three year terms of Brenda A. Powell and Daniel E. Kamee as members of the Fair Housing Board will expire on March 31, 1995, and called for nominations to fill the vacancies. Mr. Edwards placed in nomination the names of Brenda A. Powell and Daniel E. Kames. There being no further nominations, Ms. Powell and Mr. Kames were reelected as members of the Fair Housing Board, for terms ending March 31, 1998, by the following vote: FOR MS. POWELL AND MR. KARNES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ..... 7. 519 OATHS OF OFFICE-COMMITTEES-FLOOD REDUCTION/ CONTROL: The Mayor advised that there is a vacancy on the Flood Plain Committee, created by the resignation of George L. P,tzer,'** and called for nominations to fill the vacancy. Mr. Edwards placed in nomination the name of Willard N. Claytor. There being no further nominations, Mr. Claytor was elected aa a member of the Flood Plain Committee, for a term ending June 30, 1995, by the following vote: ACTION: FOR MR. CLAYTOR: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ......................... 7. OATHS OF OFFICE-COMMITTEES-ROANOKE VALLEY RESOURCE AUTHORITY: The Mayor advised that there is a vacancy on the Roanoke Valley Resource Authority, created by the resignation of John H. Parrott, and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Bittle W. Porterfield, IlL There being no further nominations, Mr. Porterfie!.d was elected as a member of the Roanoke Valley Resource Authority, for a term ending December 31, 1995, by the following vote: ACTION: FOR MR. PORTERFIELD: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers 7. OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that there is a vacancy on the Roanoke Arts Commission, created by the resignation of Linda Atkinson, and called for nominations to fill the vacancy. Mr. Edwards placed in nomination the name of Janie P. Wheeler. There being no further nominations, Ms. Wheeler was elected as a member of the Roanoke Arts Commission, for a term ending June 30, 1996, by the following vote: ACTION: FOR MS. WHEELER: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ........................... 7. 520 ACTION: ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER: The Mayor advised that them is a v.ac..a?.y on the Roanoke Civic Center · Commission, created by the inehg,b,l,ty of Margaret Baker to serve another term, and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Roy E. Bucher, Jr. There being no further nominations, Mr. Bucher was elected as a member of the Roanoke Civic Center Commission, for a term ending September 30, 1997, by the following vote: FOR MR. BUCHER: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ............................. 7. OATHS OF OFFICE-COMMITTEES-COURT COMMUNITY CORRECTIONS POLICY BOARD: The Mayor advised that there is a vacancy on the Court Community Corrections Policy Board, created by the ineligibility of Gordon H. Shapiro to serve another term, and called for nominations to fill the vacancy. Mr. Edwards placed in nomination the name of William H. Cleaveland. There being no further nominations, Mr. Cleaveland was elected as a member of the Court Community Corrections Policy Board, for a term ending December 31, 1997, by the following vote: FOR MR. CLEAVELAND: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ................. 7. Inasmuch as Mr. Cleaveland is not a resident of the City of Roanoke, Mr. Edwards moved that the City residency requirement for persons serving on authorities, boards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Ms. Wyatt and unanimously adopted. At 4:33 p.m., the Mayor declared the meeting in recess until 7:00 p.m. At 7:00 p.m., the meeting reconvened in the Council Chamber, with the following Members of Council in attendance, Mayor Bowers presiding: 521 i PRESENT: Council Members Unda F. Wyatt, Elizabeth T. ~...~..es, John S. Edwards, Delvle O. McCadden, John H. Parrott, William Wh,te, Sr., and Mayo~' David A. Bowers ....... ~7. ABSENT: Non= ---0. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grieso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PUBLIC HEARINGS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: I ACTION: Ms. Wyatt moved that Council endorse ELECT!ONS-COU..NCIL: a referendum in connection with the November 7, 1995, general election as to the issue of election of City Council Members under a modified election district system; that the City Attorney and the City Manager be requested to pr.sent alternatives for a modified election district system including, but not limited to: (1) a seven member Council with four and five election districts, and (2) a nine member Council with four, five and six election districts; that the City Manager be requested to provide planning, demographic and statistical support required to divide the City into four, five and six election districts without dilution of minority voting strength, honoring the principle of one person, one vote, and observing other required legal principles; that the City Attorney be requested to advise as to applicable legal principles and legal ramifications of each alternative; and that the City Manager and the City Attorney make such progress reports to the Council as they deem appropriate and render their final report as to alternatives by June 12, 1995, in order that Council may obtain citizen comment and select the Council's preferred alternative by July 31, 1995. The motion was seconded by Mr. Edwards. 522 th _..Ma. Wyatt advised that ~.e form of representative government for e ~lq( of Roanoke ia a decis,on that should be made by the citizens ! of Ro.a. noke and not by City Council; that it ia the responsibility of .. Council to provide the citizens with a process to make this fundame~ttal decision; and regardless of which side of the issue that Council Members personally prefer, Council should be willing to trust the citizens of Roanoke to make this decision. She stated that it has been said that the citizens are not interested in sending the issue to referendum, that there may be some people who are not Interested in what form their government may take, that there are others who are satisfied with the current at large system, and there is yet another group that would prefer a modified ward system of government, and Council must protect the rights of the former two groups and provide a process to sand the issue to referendum, thereby allowing citizens of Roanoke to make the decision. Mr. Edwards advised that the issue has been before the public and discussed at great length over a number of years, and it is an issue that will not go away until the question is submitted to the citizens in the fo,~i of a referendum and voted either up or down. The Vice-Mayor pointed out that there is a strong feeling about the modified ward · yst..em t.hrou.ghou.! the. City and particularly by citizens living in sou~neast ana nonnwest Koanoke, and urged that Council provide.a way so that the voters will have an opportunity in an open democrat, c way to either vote the matter up or down in an election in November 1995. The Reverend Benjamin Tyree, 2501 Hanover Avenue, N. W., advised that Council should realize that the issue will not go away, and will continue to surface year after year, which points out that there is public concern. He stated that there appears to be a misunderstanding about what ia being said because some people think that some citizens are saying that they do not have black representation on Council, which is not the point citizens are trying to make. He explained that citizens wish to be represented through precincts or districts, etc., which will give all citizens of Roanoke the opportunity to be represented and to have a representative that they can contact and communicate with directly. He advised that all Members of Council are obligated to the citizens because they are elected by the voters, but there is a difference because there is no direct communication. He stated that the issue should be on the November 1995 ballot so that the citizens of Roanoke will have an opportunity to put the issue to rest once and for all. He 523 added that he would feel more comfortable in taking his concema to a I who was elected to represent hie particular district, that he m not I~/ing to be represented by color but by a representative who is obligated to the district where he resides, and this is an issue that the voters should have an opportunity to decide. The Reverend Charles T. Green, 1731 Hanover Avenue, N. W., advised that each Member of Council, when campaigning for office, made a pledge that they would vote in favor of a referendum on the question of a modified ward system this year, and those promises were made without conditions. He stated that at the next Councilmanic election, Council Members will be reminded of the promises they did not honor. Dr. Gary M. Waldo, 3051 Ordway Drive, N. W., advised that nothing from Council or in the newspaper has rebutted or refuted the arguments in favor of a modified ward system, and it is clear that it is the only system that would guarantee some form of geographic representation to the neighborhoods of the City of Roanoke, which representation does not presently exist. In addition, he stated that it is the only system that provides meaningful and limited accountability because citizens who have an electoral district or ward have the to call a meeting in a meet o.p, portu, nity .manageable nei.g, hborhood t.o ~nth the,r representatwas on City Council and to d,scuas their ~eeues of priority and concem, followed by a report at a monthly meeting in their neighborhood, which would enable them to judge the efforts of their Council representative. Further, he stated that the only way to guarantee that citizens of limited means, or working people who do not have the financial wherewithal to run an expensive Council campaign at an average cost of between $8,000.00 and $20,000.00, will have the opportunity to serve is through a modified ward system. For the abovastated reasons, he advised that it is important for Council to vote on whether to put the matter to referendum and that Council let the citizens know this evening whether they philosophically favor the modified ward concept. The Mayor called attention to correspondence dated March 13, 1995, from Gary M. Bowman, Attorney, 145 W. Campbell Avenue, expressing support for a modified ward system and urging Council to support a referendum on a modified ward system for Roanoke City, was before the body. (For full text, see communication on file in the City Clerk's Office.) 524 Mr. Thaddeus H. Hale, 4757 Biltmors Ddve, N. W., advised that the question is not an issue of whether a modified ward system will be established, but an issue that has been brought to the Council's attention to afford the citizens an opportunity to vote on the question, and called attention to Roanoke's longstanding history of involving its citizens and encouraging citizen participation in the governmental process which is the way that democratic life should be conducted. He advised that four members of Council were recently elected in the last Councilmanic election who ran on the platfo,-,,, that if the issue came before them, they would vote in favor of holding a referendum on a modified ward system. He stated that citizens ara requesting the opportunity to decide on the question, and asked that Council honor its commitment, thereby allowing the citizens of Roanoke the opportunity to choose the form of government they prefer for their community. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. W., requested that Council adopt Ms. Wyatt's motion which will afford the citizens of Roanoke the opportunity to decide how their government leaders will be elected. She stated that citizens are not asking that Council change to a modified ward system tonight, but that Council allow each registered voter to have a say in how their government should be run. Mr. William D. Bestpitch, 381 Washington Avenue, S. W., advised that he is not affiliated with any particular group or organization supporting the modified ward system, and he was appearing before Council in his capacity as a private citizen because he read in the newspaper that several members of Council stated that they have not heard from enough of their constituents on the issue. He commented that he was unsure as to why Council has not heard from a number of citizens of Roanoke on the issue, however, it could be because many of them have despaired over getting no where on an issue that has been debated for the last ten years without response. He noted that some have argued that the referendum is too expensive, especially if it results in maintaining the current system in the end; and in response to that concern, he asked the following question: How much is our democracy worth? He advised that the fact that each member of Council was elected to City Council under the present at-large system might suggest that there is little incentive for any member of Council to want to change the system in any way. The Reverend Samuel D. Robinson, 2460 Orchard Lake Drive, Daleville, Virginia, President, Baptist Ministers Conference, advised that he represents 65 black ministers and churches who heretofore have not been willing to be heard because they wanted to keep their business 525 "under the steeple." He stated that the problem that stirred up a number of ministers in the community is that this is the "same soup warmed over" and for adults in the African-American community to continue to go back to their neighborhoods and say that they lost another election is tantamount to more welfare and to more "don't care" attitudes. He stated that as President of the Baptist Ministers Conference, he will encourage the membership that if they want change, they will have to do what they did 30 years ago and find change the best way they can. He requested that voters be given the opportunity to decide on the method of electing City Council Members. The Mayor inquired if there were other persons who wished to address Council. There being none, the mo~on of Ms. Wyatt, seconded by Mr. Edwards, was lost by the following vote: AYES: Council Members Wyatt and Edwards NAYS: Council Members Bowies, McCadden, Parrott, White, and Mayor Bowers ............................ 5. OTHER HEARINGS OF CITIZENS: None. I There being no further business, the Mayor declared the meeting adjourned at 7:55 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 526 REGULAR WEEKLY SESSION----ROANOKE CITY COUNCIL March 27, 1995 3:00 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, March 27, 1995, at 3:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reaular Meetinas. of Section 2-15, Rules of Procedure. Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Elizabeth T. Bowles, John S. Edwards, Delvis O. McCadden, John H. Parrott, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ................................................................. 7. ABSENT: None ...................................................... 4). OFFICERS PRESENT: W. Robert Herbert, City Manager;, James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend W. David Bailey, Pastor, Garden City Church of the Nazarene. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. SCHOOLS: The Mayor advised that on July 1, 1995, there will be two vacancies on the Roanoke City School Board, for terms of three years each, ending June 30, 1998. He stated that pursuant to Chapter 9, Education. Article II, Procedure for Election of School Trustees, Section 9-19, Preliminary Screenina of Candidates. of the Code of the City of Roanoke (1979), as amended, on or before March 31, Council, as a Committee of the Whole, shall, at a regular or special meeting, review and consider all candidates for the position of school trustee, the matter was before the body. The Mayor further advised that as of 5:00 p.m., on March 10, 1995, at 5:00 p.m., which was the deadline for receipt of applications, the following persons had applied for the two upcoming vacancies: 527 C. Nelson Harris I Ma.?n D. Jeffrey Mehnda J. Payne (See applications on file in the City Clerk's Office.) ACTION: Ms. Wyatt moved that all applications be received and filed. The motion was seconded by Mr. Edwards and unanimously adopted. The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the fo,,,,, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to a request for an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council. MINUTES: Minutes of the joint meeting of City Council, the Roanoke City School Board and area representatives to the Virginia General Assembly on Monday, December 12, 1994; and the regular meetings of Council held on Monday, December 12, and Monday, December 19, 1994, 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. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ................................. 7. NAYS: None COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, 528 ACTION: ACTION: commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before I the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowies moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2. -344 IAt/tt _ of Virg,nia (1950), es amanda?. The motion was seconded by Mr. t, arrott and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers -- .............. 7. NAYS: Non: ....................................... ~. BUDGET-HUMAN DEVELOPMENT-COUNCIL.CHIP: A joint communication ;~um Vice-Mayor John S. Edwards and Council Member Elizabeth T. Bowles requesting that the matter of funding for the Child Health Investment Partnership Progra .m. (CHIP) be referred to fiscal year 1995-96 budget study for consideration by Council, was before the body. (For full text, see communication on file in the City Clerk's Office.) ""* .M..re..Bowles moved that .the matter be referred to fiscal year ~,:,;~-:,D ouoget study. The motion was seconded by Mr. Parrott and adopted by the following vote: AYE.S.: Council Members Wyatt, Bowies, Edwards, McCaddon, Panott, INh,te and Mayor Bowers .................. 7. NAYS: None- J ........................................... -0. BUDGE.T'C.OUNCIL'RIVER PARKWAY/EXPLORE PROJECT: A joint com.m, umcet,on from Vice-May.or John S. Edwards and Council Member Ehzabeth T. Bowies request, ng that the matter of fundi Virginia's Explore Park be referred to fiscal year 1995-96 budget ~uf~; for consideration by Council, was before the body. (For full text, see communication on file in the City Clerk's Office.) 529 ACTION: Mrs. Bowies moved that the matter be referred to fiscal year I 1995-96 budget study. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, P;u~-~tt, INhite and Mayor Bowers ........... 7. NAYS: None BUDGET-COUNCIL-WAR MEMORIAL: A joint communication from Vice-Mayor John S. Edwards and Council Member Elizabeth T. Bowles requesting that funding for the D-Day Memorial be referred to fiscal year 1995-96 budget study for consideration by Council, was before the body. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mrs. Bowies moved that the matter be referred to fiscal year 1995-96 budget study. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ............................ -7. NAYS: None BUDGET4NSURANCE-COU NCIL-CITY EMPLOYEES-PENSIONS: A communication from Vice-Mayor John S. Edwards requesting that the matter of including City retirees in the City employees' health insurance plan be referred to fiscal year 1995-96 budget study for consideration by Council, was before the body. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that the matter be referred to fiscal year 1995-96 budget study. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ............................ 7. NAYS: None ............................................. -4). 530 ACTION: ACTION: BUDGET-TAXES-COUNCIL-DISABLED PERSON.?: A communication from Vice-Mayor John S..Edwards requesting .t. hat the matter of increamng the income limits requ,red for elderly and disabled citizens to qualify for real estate tax relief from $24,000.00 to $26,000.00 per year be referred to fiscal year 1995-96 budget study for consideration by Council, was before the body. The Vice-Mayor advised that at the present time, Roanoke City homeowners 65 years of age or older and persons less than 65 years of age determined to be permanently and totally disabled with a combined gross income not exceeding $24,000.00 and a combined net worth of $75,000.00 ars eligible to receive a freeze on real estate taxes; that the current income limit of $24,000.00 with a combined net worth of $75,000.00 was set in 1994; that in 1993 the income limit was set at $22,000.00, and prior thereto the income level was $20,000.00; and in view of normal inflation and the income level of neighboring jurisdictions, it is only equitable and fair to senior citizens and disabled persons of the City of Roanoke to include in the 1995-96 budget study the matter of increasing the income limit to at least $26,000.00. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that the matter be referred to fiscal year 1995-96 budget study. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ............................... 7. NAYS: None-------- ............................................. -0. ZONING-ANNUAL REPORTS: A communication from L. Elwood Nonis, Chairperson, Board of Zoning Appeals, transmitting the Board's Annual Report for the year 1994, was before Council. (For full text, see Annual Report on file in the City Clerk's Office.) Mrs. Bowles moved that the Annual Report be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: 531 AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers .7. NAYS: None O. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. OTHER HEARING OF CITIZENS: POLICE DEPARTMENT-COMPLAINTS-NEIGHBORHOOD ORGANIZATIONS-ROANOKE NEIGHBORHOOD PARTNERSHIP: Mr. Joseph F. Nash, t202 Kerns Avenue, S. W., President of the Waesna Neighborhood Crime Watch, appeared before Council and expressed concam with regard to crime in his neighborhood, from Wasena Park to Brsndon Avenue and from Main Street to Brighten Road, S.W. He stated that over the past 12 - 24 months, the following activities have occurred: operation of a crack house, over 100 calls have been made to the E-911 operator during the past year ranging from complaints about loud disturbances late at night, to threats against his life and his family's life; two residents were arrested and convicted of sho.oting I into a dwelling; two residents were arrested for dru.g sales; a resident was arrested for armed robbery and use of a firearm, a resident set firs to a house while hiding from police; and residents have complained about the undesirable element of people frequenting Wasena Park. He called attention to a business on Main Street that ia closing its doors after 13 years because the owner is tired of her customers being accosted. He explained that when the Crime Watch initiated the E-9tl calls to the Police Department, the response was slow and it took a letter to Chief Hooper from the Neighborhood Watch to get the response time down to a reasonable level; and officers responding to calls ars sympathetic, however, they state that they cannot do anything unless they actually observe the crime(s) in progress. He advised that residents have been told that they need to place charges; that as a Crime Watch, they are supposed to help the police by being their eyes and their ears, but not to intervene or confront suspicious persons, and they have tried to comply with the advice of police officers, however, they are frustrated and do not know what to do at this point. He stated that the Wesena area is a beautiful section of the City and residents love their homes, but many of them ars at the point where they are ready to move as far away from the City of Roanoke as possible, I the. refore, he requested that Council intervene on behalf of the ne,ghborhood. 532 ACTION: Ms. Terfl A. Beck, 1214 Howbert Avenue, S: W., Preaide.n.t of the Wassna Neighborhood Forum, advised that. ~t is frustrati.ng for ~ residents ~o go through the necessary steps to nd the area of cnme, all to no avail. She praised the Roanoke City Police Deparh,ent and the Vice Squad for guiding residents through the appropriate process, however, she stated that the court system lets them down. On behalf of the Wasena Neighborhood Forum, she requested Council's assistance. Mr. McCadden moved that the concerns be referred to the City Manager and to the Roanoke Neighborhood Partnership to address the matter of eliminating the criminal elements in City neighborhoods. The motion was seconded by Mr. Edwards. Mr. Lamenthia Widener, Jr., 1422 Main Street, S. W., advised that he has attended many Wasena Neighborhood Crime Watch meetings where police personnel have been present, and they have instructed residents as to what they should do and residents have tried to abide by those guidelines. He stated that no one in the community wants to be a vigilante, but they do not want to stand idly by and be threatened or pushed out of their neighborhood and they want to do everything humanly poss!ble and morally right to maintain their neighborhood. He expressed a s~ncera concern that something should be done about the situation, and asked that the Wasena Neighborhood set an example for all other neighborhoods in the Roanoke Valley. The motion of Mr. McCadden, seconded by Mr. Edwards, was unanimously adopted. PETITIONS AND COMMUNICATIONS: COUNCIL-YOUTH: A communication from Mayor David A. Bowers recommending that the regular meeting of City Council scheduled for Monday, May 8, 1995, convene at 2:00 p.m., instead of 3:00 p.m., in order to accommodate Student Government Day activities; and a report of the City Attorney transmitting a measure which would accommodate the Mayor's request, were before the body. (For full text, see communication and report on file in the City Clerk's Office.) 533 Mr. White offered the following emergency ordinance: I (#32403-032796) AN ORDINANCE providing that the City Council meeting of May 8, 1996, only, will commence at 2:00 p.m. (For full text of Ordinance, see Ordinance Book No. 57, page 113.) ACTION: Mr. White moved the adoption of Ordinance No. 32403-032795. The motion wes seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, Parrott, White and Mayor Bowers ................................................ -6. NAYS: Council Member McCadden BONDS/BOND ISSUES-INDUSTRIES: A communication from Harwell M. Darby, Jr., Attorney, representing the Industrial Development Authority of the City of Roanoke, requesting approval of the issuance of not to exceed $110 million aggregate principal amount of one or more series of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds for Roanoke Memorial Hospitals, Community Hospital of Roanok.e. Valley, Bedford County Memorial Hospital, Giles Memorial Hosp,tal, Radford Community Hospital, Franklin Memorial Hospital and Saint Albens Psychiatric Hospital Project, Sedes 1995, to the extent required by Section 147 of the Intamal Revenue Code of 1986, as amended, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles offered the following resolution: (~2404-032795) A RESOLUTION of the City Council of the City of Roanoke, Virginia authorizing, among other things, the issuance of not to exceed $110,000,000 aggregate principal amount of one or more series of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley, Bedford County Memorial Hospital, Giles Memorial Hospital, Radford Community Hospital, Franklin Memorial Hospital and Saint Albans Psychiatric Hospital Project) Series 1995, to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended. (For full text of Resolution, see Resolution Book No. 87, page 4.) 534 ACTION: ACTION: Mrs. Bowles moved the adoption of Resolution No. 32404-032795. The motion was seconded by Mr. McCadden and adopted by the I following vote: AYES: Council Members INyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ----------- .......... 7. NAYS: Non: BUDGET-GRANTS-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. Grant No. 6082 - Grant No. 6767 - $200,000.00 in additional 1994 bond issue proceeds to provide funds for architectural design features for working drawings and bid specifications for Jackson Middle School and Brsckinridge Middle School; and $5,000.00 for the Adult Basic Education Program for 1994-96 to provide funds for the education of adults who have not completed high sch:ol. ! A report of the Director of F;nance recommending that Council concur in the request of the School Board, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (f/32405-032795) AN ORDINANCE to amend and reordain certain sections of the 1994-95 School and Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 120.) Ms. Wyatt moved the adoption of Ordinance No. 32405-032795. The re. orion was seconded by Mr. Edwards and adopted by the follow, ng vote: 535 i AYE.S.: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, Wh,te and Mayor Bowers ..... 7. NAYS: Noc.= ........ - O. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-FLOOD REDUCTION/CONTROL-CONSULTANTS REPORTS-WATER RESOURCES: Pursuant to a request of the City Manager, the Director of Utilities and Operations presented a briefing on the status of the Roanoke River Flood Reduction Project, and requested approval by Council to amend the contract with Dewberry and Davis to provide for additional hazardous waste testing and to compensate for the cost incurred by time delays, for a total additional cost of $102,403.00, which funds are requested to be transferred from Account No. 008-056-9620-9003, Roanoke Riv.e.r Flood Reduction, to I Account No. 008-05.6-9623-9003, Roanoke R,ver Flood Reduction Project - Phase II Env, ronmental. (See briefing paper on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (f/32406-032795) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 122.) ACTION: Mr. White moved the adoption of Ordinance No. 32406-032795. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ......................... 7. NAYS: None 536 ACTION: Mr. White offered the following resolution: (ff32407-032795) A RESOLUTION authorizing the execution of the TI Second Amendment to the contract with Dewberry & Davis to provide Phase II environmental assessment services for the Roanoke River Flood Reduction Project. (For full text of Resolution, see Resolution Book No. 57, page 123.) Mr. White moved the adoption of Resolution No. 32407-032795. The motion was seconded by Mr. McCaddan and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCaddan, Panott, INhite and Mayor Bowers ...................... 7. NAYS: None ........................................ --0. The Mayor inquired as to why the recreation trail ends at Piedmont Park and requested that the matter be addressed in the greenways study. CITY CODE-INSURANCE-PARKS AND RECREATION-SP.E. CIAL ~ PERMITS-YOUTH-SPORTS COMPLEX: The City Manager subm,tted · * written report advising that the Roanoke Valley Youth Soccer Club, Inc., has conducted a vadety of youth soccer tournaments in the Roanoke Valley for eight consecutive years attracting teams from Virginia and surrounding states; that the Parks and Recreation Department has worked closely with Roanoke Valley Youth Soccer Club, Inc., in coordinating and scheduling the use of existing facilities in an effort to advance the quality of local youth soccer programs and to enhance the economic benefits derived from the tournaments; and Crestar Festival Soccer Toumamsnt, hosted by the Roanoke Valley Youth Soccer Club, Inc., is scheduled for Saturday, May 27, 1995, through Monday, May 29, 1995. It was further advised that the City has been requested by the Roanoke Valley Youth Soccer Club, Inc., to pe,-,~iit sale of soccer related merchandise during one soccer tournament; that Section 24-5, Concessions, of the Code of the City of Roanoke (1979), as amended, states that only Council may award concession privileges without public advertisement and receipt of sealed bids; and the contract concessionaire deals with the sale of food end beverage items at events. 537 · . The City Manager recommended that Council grant concession I pnwleges to the .R. oanoke Valley Youth Soccer Club, Inc., to sell soccer related merchand~ss at the River's Edge Sports Complex during the one requested soccer tournament scheduled for May 27 - 29, 1995; and authorize the City Manager to execute s limited concession agreement with the Roanoke Valley Youth Soccer Club, Inc., in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency ordinance: (~32408-032795) AN ORDINANCE awarding concession privileges at River's Edge Sports Complex, upon certain terms and conditions; authorizing the execution of a limited concession agreement; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 124.) ACTION: Mr. McCadden moved the adoption of Ordinance No. 32408- 032795. The motion was seconded by Mr. Parrott and adopted by the following vote: I AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bower~ ............................. 7. NAYS: None ............................................. -5. ACTION: Following discussion, Mr. Edwards moved that the City Manager and the City Attorney be requested to review Section 24-5, Concessions, of the Code of the City of Roanoke (1979), as amended, to determine if certain requests for concession privileges may be handled administra..tively, pursuant to specific guidelines to be approved by Council. The motion was seconded by Mrs. Bowles and unanimously adopted. WATER RESOURCES: The City Manager submitted a written report advising that acceptance of a bid submitted by Aaron J. Conner General Contractor, Inc., for Carvins Cove Phase II, Contract A-I, was approved by Council on March 7, 1994; and work commenced as of June 1, 1994, and is complete with the exception of minor punch list work. 538 ACTION: It wes further advised that the project extends a water main from the Carvins Cove Fil.ter Plant under Interstate 81 to Willlamson Road (Route 11) near Holl,ns College; that the contractor encountered an abandoned 36 inch diameter water main while tunneling under the 1-81 right-of-way, which was not shown on the original plan; that the contractor incurred addiflonad cost, in the amount of $32,253.35, to cut through the abandoned water main and extend the funnel; that the extra work was authorized in advance to avoid project delays, and all items of work on the project are now complete; that the net effect of all changes represents a contract increase of $28,442.35; that current funds are encumbered for the project, being the original contract amount and contingency, in the amount of $1,379,923.00; and the new contract amount is as follows: Original Contract Amount Proposed Change Order No. I $1,254,175.00 28.442.35 New Contract Amount Including the proposed change order, total change orders to date are 2.2 per cent of the original amount. ! The City Manager recommended that Council approve issuance of Change Order No. 1 to the City's contract with Aaron J. Conner General Contractor, Inc., in the amount of $28,442.35. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency ordinance: (ft32409-032795) AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Aaron J. Conner, General Contractor, Inc., in connection with Carvins Cove Filter Plant Improvements - Phase II, Contract A-l; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 125.) Mrs. Bowles moved the adoption of Ordinance No. 32409-032795. The motion wes seconded by Mr. Parrott and adopted by the following vote: 539 i AYES: Council Members W~jatt, Bowles, Edwards, McCadden, Par~ott, INhits and Mayor Bowers -- ......... ~-~ ............... 7. NAYS: None--...-.-,--- ............. O. TRAFFIC-BUILDINGS/BUILDING DEPARTMENT-BILLINGS AND COLLECTIONS-REFUSE COLLECTION-PUBLIC WORKS-CMERP- EQUIPMENT-STREETS AND ALLEYS: The City Manager submitted a written report advising that the General Fund Capital Maintenance and Equipment Replacement Program has identified the need to replace existing trucks and related equipment in the Offices of Building Maintenance, Billings and Collections, Streets and Traffic, and Solid Waste Management; that specifications were developed and bids were received and opened in the Office of Manager of General Services; whereupon, the City Manager recommended the purchase of trucks and related equipment, as follows: one new cab/chassis for fiat bed truck from Magic City Motor Corporation, at a total cost of $15,575.75; one new fiat bed body for above cab/chassis, from General Truck Body Co., inc., at a total cost of $2,096.00; I one new cab/chassis for medium dump truck from Magic City Motor Corporation, at a total cost of $37,583.73; one new ten ton rated dump body for above cab/chassis from Cavalier Equipment Co., at a total cost of $6,996.74; one new mid-size pickup truck from Magic City Motor Corporation, at a total cost of $12,528.06; two new cab/chassis for refuse trucks from Magic City Motor Corporation, at a total cost of $99,912.50; and two new 20 cubic yard refuse bodies to be mounted on above cab/chassis from Richmond Machinery and Equipment Co., Inc., at a total cost of $49,420.00. (For full text, see report on file in the City Clerk's Office.) 540 ACTION: Mr. McCadden offered the following resolution: . (#32410-032795) A RESOLUT. ION accepting the bids for the I purchase of trucks and related equipment, upon certain terms and conditions; and rejecting all other bids made for such items. (For full text of Resolution, see Resolution Book No. $7, page 126.) Mr. McCadden moved the adoption of Resolution No. 32410- 032795. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott and White ......................... ~ ..................... -6. NAYS: None (Mayor Bowers abstained from voting.) · ..BU.DGET.-GRANTS-CLEAN VALLEY COUNCIL: The Ci Man uomi , .w. ntten report,dv,s,n0 th,t Co,,nci, des,0n,ta the valley Counc, I (CVC) to develop a cooperative litter control ~ronr=m frtr the entire Roanoke Valley and authorized the Clean Valle;~il'~'~ apply for grant funds from th.e. Commonwealth of Virginia f~r opera~i(~t of the program; that the htter control grant .w.a.a approved by the Department of Environmental Quality, Office of Litter Prevention and Recycling (DEQ); that the City received grant funds, in the amount of $5,898.00, from the Department of Environmental Quality, which funds were appropriated !o the Clean Valley Council, pura.u, ant to Ordinance No. 32283-121294, that the Clean Valley Council applied to the Department of Environmental Quality for supplemental grant funds that ~lure a. vaJla, ble during 1995; and the City has received supplemental grant n?, in the am..ount of $3,802.00, from the Department of Environmental Qual,ty. The City Manager recommended that Council appropriate $3,802.00 to Grant Fund, Account No. 035-052-5119-2010, and increase the revenue estimate in Account No. 035-035-1234-7181 for transfer to the Clean Valley Council. (For full text, see report on file in the City Clerk's Office.) 541 sections of the 191M-95 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 127.) ACTION: Mr. Edwards moved the adoption of Ordinance No. 32411-032795. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers ...................... 7. NAYS: None ............................................. -0. DIRECTOR OF FINANCE: BUDGET-DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of February 1~95. I (For full text, see financial report on file in the C~ty Clerk's Office.) ACTION: Mr. Parrott moved that the financial report be received and filed. The motion was seconded by Ms. Wyatt and unanimously adopted. BUDGET-FEE COMPENDIUM: The Director of Finance submitted a written report transmitting the City's 1995 Fee Compendium. (For full text, see report and Fee Compendium on file in the City Clerk's Office.) Mr. White offered the following resolution: (#32412-032795) A RESOLUTION establishing certain fees, rates, assessments and charges to be levied by the City. (For full text of Resolution, see Resolution Book No. 57, page 128.) ACTION: Mr. White moved the adoption of Resolution No. 32412-032795. i The m. otion was seconded by Mr. McCadden and adopted by the follow, rig vote: 542 AYES: Council Members Wyatt, Bowles, Edwards, McCadden, m~ Parrott, White and Mayor Bowers .........................."-- 7. NAYS: None ...................................... -0. CITY ATTORNEY: CABLE TELEVISION: The City Attomey submitted a written report with regard to consumer complaints as to recent cable television channel line-up changes and a rate increase of $1.61 per month which was implemented by Cox Cable Roanoke, Inc. ("Cox") for the tier of service above basic service which Cox refers to as Cox Preferred Service ("CPS"). The City Attomey advised that the City has taken all required action under Federal law to perfect its right to regulate basic cable television rates; that on October 4, 1993, Council adopted Resolution No. 31729-100493 authorizing the filing of FCC Form 328; that by filing Form 328 with the FCC, the City obtained "certification" to regulate basic cable television rates; that on October 11, 1993, Council adopted Ordinance No. 31740-101193 governing procedures and standards for regulation of cable television rates, which ordinance stipulated that the City would abide by the FCC's rate regulations; that by sending Cox written notification informing Cox that the two foregoing steps had been completed and that Cox should submit necessary FCC rate regulation information to the City, the City completed all steps required to regulate rates charged by Cox for the basic tier of cable television service; and Cox has maintained a basic monthly rate of $7.63 for City customers since July 14, 1994. ir The City Attomey noted that Cox Cable Roanoke, Inc., recently made changes in channel line-up and charges for Cox Preferred Service; that channel line-up changes and a rate increase of $1.61 per month became effective February 1, 1995; that under Federal law, the City does not have the authority to regulate the rates charged by Cox for its CPS tier; that FCC regulations allow any cable television subscriber within the City to submit a complaint to the FCC which would trigger FCC oversight of the CPS tier; that citizens who recently appeared before the Roanoke Valley Regional Cable Television Committee were advised of the requirement that any complaints with respect to rates charged for the CPS tier should be directed to the FCC; 543 and citizens weirs further advised that complaints about provisions of applicable Federal law for FC.C. regulations should be addressed to the City's Congressional delegation. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Edwards moved that the report be received and filed. The motion was seconded by Mr. McCaddan and unanimously adopted. COUNCIL-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The City Attomey submitted a written report advising that in connection with the opening of The Hotel Roanoke & Conference Center, it has come to his attention that Council desires to hold the first official meeting in the new Conference Center on April 3, 1995; that it is his understanding that the meeting will commence in the Crystal Ballroom at 10:00 a.m., which will include special briefings with respect to The Hotel Roanoke & Conference Center as well as regular agenda items suggested by the Council and the City Manager;, and accordingly, he ;,,msmitted an ordinance which provides that for the month of April 1995, only, Council will hold three regular meetings with the regular meeting to be held on April 3, 1995, to convene at 10:00 a.m., in the Crystal Ballroom, and the regular meetings to be held on the second I and fourth Mondays will be unaffected by the proposed measure. __ (For full text, see report on file ,n the City Clerk's Office.) Mr. Parrott offered the following emergency ordinance: (#32413-032795) AN ORDINANCE providing for one additional regular meeting of City Council for the month of April, 1995, only. (For full text of Ordinance, see Ordinance Book No. 57, page 129.) ACTION: Mr. Parmtt moved the adoption of Ordinance No. 324134)32795. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, Parrott, White and Mayor Bowers ...................................................... -6. NAYS: Council Member McCadden ............................. 1. 544 REPORTS OF COMMITTEES: BRIDGES-NORFOLK SOUTHERN CORPORATION: Council Member INltita, Chaiq~ereon of the Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for Contract 2, Repairs to the Jefferson Street Bridge over Norfolk Southern Railway, recommending that Council approve the following actions: authorize the City Manager to execute a unit price contract with English Construction Co., Inc., for Contract 2, Repairs to Jefferson Street Bridge over Norfolk Southern Railway, in the amount of $505,725.00, with a project contingency of $50,000.00; authorize the City Manager to execute an agreement with Norfolk Southern Railway for watchman and flagging protection, in the amount of $7,485.00; appropriate $563,210.00 from anticipated 1996 bond proceeds to a new account to be established by the Director of Finance in the Capital Projects Fund entitled, "Contract 2, Jefferson Street Bridge"; adopt a resolution indicating the City's intent to reimburse itself, in the amount of $$63,210.00, from anticipated 1996 general obligation bond proceeds to be issued pursuant to Ordinance No. 32131-080894, adopted August 8, 1994; and reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#32414-032795) AN ORDINANCE to amend and reordain certain sections of the 1994-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 130.) 545 ACTION: Mr. White moved the adoption of Ordinance No. 32414-032795. I The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers ........ 7. NAYS: None Mr. White offered the following resolution: (#32415-032795) A RESOLUTION accepting the bid for Contract 2, Repairs to Jefferson Street Bridge over Norfolk and Western Railway, upon certain terms and conditions; and rejecting all other bids made for such items. (For full text of Resolution, see Resolution Book No. 57, page 131.) ACTION: Mr. White moved the adoption of Resolution No. 32415-032795. The motion was seconded by Mr. ParTott and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ....................... 7. NAYS: None PURCHASE/SALE OF PROPERTY-BRIDGES-CITY PROPERTY- WATER RESOURCES: Council Member Elizabeth T. Bowies, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to acquisition of additional property rights needed by the City for the Walnut Avenue Bridge Replacement project. A staff report advised that the Walnut Avenue Bridge located over the Roanoke River was built in the 1890's; that the bridge was raised to match the grade of the new bridge over the railway tracks in the 1920's, with the last major wo~ completed in 1977 when the bridge was painted; that inspection of the bridge is performed on an annual basis, and in the last several years, inspection has determined that the major components of the bridge ars in marginal or poor condition; that load rating analysis was performed in November 1993, with the posted limit having been reduced from ten tons to eight tons, which limits the use of the bridge; that a preliminary engineering report has been 546 ACTION: completed and additional properties (Temporary Construction Easements) have been identified in the final design; and authorization was granted by Council on January 23, 1995, to move forward with title work, appraisals, negotiation, and closings for acquisitional property rights. The staff report pointed out that Walnut Avenue Bridge replacement is currently under design and construction is scheduled for the fall of 1995; and authorization is needed to move forward with additional title work, appraisals, negotiations, and closings for acquisition of property rights to be acquired. The Water Resources Committee recommended that Council authorize acquisition of additional property rights by making offers based on appraisals and institute condemnation proceedings, if necessary for the Walnut Avenue Bridge project. (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency ordinance: (#32416-032795) AN ORDINANCE providing for the acquisition of property rights needed by the City for the Walnut Avenue Bridge Replacement Project; setting a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumetsnces; 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. 57, page 132.) Mrs. Bowles moved the adoption of Ordinance No. 32416.032795. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ................................ 7. NAYS: None ............................................. -0. 547 i EASEMENTS-APPALACHIAN POWER COM.P. ANY-CITY PROPERTY-WATER RESOURCES: Council Member Ehzabeth T. BoMes, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of an agreement with Appalachian Power Company authorizing installation of overhead power lines to serve the Carvine Cove Filter Plant across portions of City-owned property located in Roanoke County and Botetourt County, and assigning to Appalachian Power Company certain easements to be acquired by the City. A staff report advised that preliminary engineering study by Mattern & Craig, Inc., identified certain improvements needed at the Cawins Cove Filter Plant (Phase I) and to various waterlines (Phase II) to supply the City of Roanoke well into the next century; that construction contract for Phase I improvements at the Carvins Cove Filter Plant was awarded to Crowder Construction Company of Charlotte, North Carolina, in the amount of $12,682,280.00, on November 16, 1992, pursuant to Ordinance No. 31247-111692; that authority to acquire necessary property dghta and execute certain permits and agreements was granted on February 8, 1993, pursuant to Ordinance No. 31339-020893; and authority to grant or convey easements, either across Ci.ty-owned property or property acquired by I the City, was not included ,n the request of February 8, 1993. It was further advised that construction is nearing completion at the filter plant; that electricity at the dam is required for the plant to be fully operational; that easements across four parcels of land ars required by Appalachian Power Company in order to install a power line to the dam; and the City needs to grant APCO easements across two parcels of City-owned property and convey to APCO easements to be acquired by the City across private property. The Water Resources Committee recommended that Council authorize execution of an agreement with Appalachian Power Company for easements across four parcels of property for the purpose of installation and maintenance of overhead electrical lines, in a form to be approved by the City Attorney. Located in Botetourt County Property of Bernard R. and Sheila F. Stover, Tax No. 106-1-5 Property of Bernard R. and Sheila F. Stover, Tax No. 106-1-4 548 ACTION: Located in Both Botetourt County and Roanoke County Property of City of Roanoke, Tax No. 18.00-1-9 i (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: (;~37.417} AN ORDINANCE authorizing execution of an agreement with Appalachian Power Company ("Appalachian") permitting the installation of overhead power lines across portions of City-owned property located in Roanoke County and Botetourt County and identified by Official Tax No. 18.00-1-9, and assigning to Appalachian easements to be acquired by the City across privately owned property located in Botetourt County and identified by Botetourt County Official Tax Map Nos. 106.1-4 and 106-1-5. (For full text of Ordinance, see Ordinance Book No. 57, page 134.) The motion was seconded by Ms. Wyatt and adopted by the following vote: AYE.S.: Council Members Wyatt, Bowles, Edwards, McCadden, · Parrott, Wh,ts and Mayor Bowers .............................. 7. NAYS: None .......................................... -0. APPALACHIAN POWER COMPANY-CITY PROPERTY-WATER RESOURCES-STREETS AND ALLEYS: Council Member Elizabeth T. Bowies, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of an agreement with Appalachian Power Company providing for upgrading of existing power lines and relocation of four existing poles across portions of City-owned property located along Bennington Street, S. E. A staff report advised that Appalachian Power Company (APCO) power line facilities between Bennington Street, S. E., and the Roanoke River need replacement; that existing power line facilities scheduled to be replaced are located within the franchise area with the exception of four poles which would be located on City-owned property; that replacement of existing power line facilities needs to be performed in 549 i order to continue .to provide reliable esrvi.c.e in the area; and an easement across C,ty-owned property identified as Official Tax No. 4350701 and being that strip of land between Roanoke River and Bennington Street, S. E., has been requested by APCO for the four poles that need to be realigned outside of the franchise area. The Water Resources Committee recommended that Council authorize execution of the appropriate document granting an easement across City-owned property to Appalachian Power Company for the purpose of upgrading the existing overhead electric power lines and relocating four existing poles along Bennington Street, S. E., with any future removal, relocation or adjustment at the sole expense of the grantee, and additionally, the easement shall be subservient to any existing City utilities on City-owned facilities. (For full text, see reports on file in the City Clerk's Office.) ACTION: Mrs. Bowies moved that the following ordinance be placed upon its tiret reading: (#32418) AN ORDINANCE authorizing the execution of an agreement with Appalachian Power Company ("Appalachian") I providing, for the upgrading of existing power lines and relocation of four (4) eyasting poles across portions of City-owned property identified by Roanoke City Tax Map No. 4350701 and located along Bennington Street, S. E., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 57, page 134.) The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, Whits and Mayor Bowers ......................... 7. NAYS: None UNFINISHED BUSINESS: ACTION: COMMITTEES-PARKS AND RECREATION: Mrs. Bowles moved that Council authorize expansion of membership of the Mill Mountain Development Committee to a number to be recommended by the Committee. The motion was seconded by Mr. Parrott and adopted by I the following vote: 550 ACTION: AYES: Council Members Bowies, Edwards, McCadden, Pan'off, White and Mayor Bowers ......... - .............. - ........ -6. · NAYS: Council Member Wyatt ............... 1. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: None. At 4:45 p.m., the Mayor declared the meeting in recess. At 5:05, the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With respect to the Executive Session just concluded, Mr. Parrott moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matt.ere lawfully exempted from open meeting requirements under the Virg,ma Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers ...................... 7. NAYS: None ............................................ -0. OATHS OF OFFICE-COMMITTEES-ZONING: The Mayor advised that there is a vacancy on the Board of Zoning Appeals, created by the ineligibility of L. Elwood Norris to serve another term, and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Douglas C. Waters. There being no further nomi.nations, Mr. Waters was elected, as member of the Board of Zo.mng Appeals, for a term end,ng --~ December 31, 1997, by the follow, rig vote: 551 i ACTION: FOR MR. WATERS: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, Wh,te and Mayor Bowers ...................... 7. OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT: The Mayor advised that there is a vacancy on the Economic Development Commission, created by expiration of the term of office of Gary C. Davis, and called for nominations to fill the vacancy. Mr. Edwards placed in nomination the name of John D. Baldddge, III. There being no further nominations, Mr. Baldridge was elected as a member of the Economic Development Commission, for a term ending June 30, 1996, by the following vote: ACTION: FOR MR. BALDRIDGE: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ................... 7. OATHS OF OFFICE-COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The Mayor advised that the three-year term of W. Robert Herbert as a Commissioner of the Hotel Roanoke Conference Center Commission will expire on April 12, 1995, I and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of W. Robert Herbert. There being no further nominations, Mr. Herbert was reelected as a Commissioner of the Hotel Roanoke Conference Center Commission, for a term ending April 12, 1998, by the following vote: ACTION: FOR MR. HERBERT: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers .................................. 7. There being no further business, the Mayor declared the meeting adjourned at 5:10 p.m. APPROVED ATTEST: Mary F. Parker David A. Bowers City Clerk Mayor 552 REGULAR WEEKLY SESSION----ROANOKE CITY COUNCIL April 3, 1995 10:00 a.m. The Council of the City of Roanoke met in regular session in The Hotel Roanoke & Conference Center Crystal Ballroom, 1t0 Shenandoah Avenue, N. E., City of Roanoke, on Monday, April 3, 1995, at 10:00 a.m., with Mayor David A. Bowers presiding, pursuant to Rule 1, ff~gU~ of Section 2-15, ~ Code of the City of Roanoke (1979), ss amended. PRESENT: Council Members John S. Edwards, John H. Parmtt, William White, Sr., Elizabeth T. Bowies and Mayor David A. Bowers 5. ABSENT: Council Members Delvis O. McCadden and Unda F. Wyatt 2. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The .meeting was opened with a prayer by Dr. Noel C. Taylor, Pastor, High Street Baptist Church, and former Mayor of the City of Roanoke. The Presentation .of Colors was led by Honor Guards of the Roanoke City Eme~ency Medical Services Department, Fire Department, Police Department and Sher,ff's Office. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowere. COUNCIL-VIRGINIA TECH-HOTEL ROANOKE CONFERENCE CENTER-ACTS OF ACKNOWLEDGEMENT: The Mayor welcomed all person in attendance for the first official meeting to be held in the newly-opened Hotel Roanoke & Conference Center, advising that on behalf of Council, he was pleased to see that the City's top economic development project has become a reality. He stated that with the opening of The Hotel Roanoke & Conference Center, the City expects to see over $1.3 million a year in direct taxes, which funds will be used to provide quality services to Roanoke's citizens, and the project has created over 300 new jobs, not to mention the millions of dollars that went into the local economy. 553 The Mayor introduced The Montsrey C_h.orus directed by Rose I! Ann Burgess which consists of fourth and f;,u, grade students from Monterey Elementary School. He advised that the chorus would perform four songs, the last being a special number entitled "Grand Old Lady" which was specifically written for this occasion by Ellen AIImon, a fifth grade teacher at Monterey Elementary School and Dennis Guthrie, a local composer who wrote the music. Mr. William J. Kss,~er, 2752 Beverly Boulevard, S. W., the first registered guest at the newly revovatsd and reopened Hotel Roanoke, was presented with a Roanoi~e City Executive Glass by the Mayor. Vice-Mayor Edwards advised that this is a day that was long in coming, and stated that the most important pert of The Hotel Roanoke's reopening is not just the tremendous sentiment and civic pride that has been generated in the Roanoke Valley, but the close link that the Conference Center will have to Virginia Tach. He ststsd that the Conference Center will also provide a boost to the economy of the Roanoke Valley. Mrs. Bowies expressed appreciation to all persons in attendance I for their interest in being a part of the first official mssb.'ng in The Hotel Roanoke & Conference Center. She advised that April 3, 1995 will go down in history as a proud day for the City of Roanoke and for its citizens. Mr. Parrott commended all contractors who worked diligently to complete The Hotel Roanoke & Conference Center Project within the specified time, and advised that they deserve a tremendous amount of credit. Mr. White advised that in the beginning, he had concerns as to whether the necessary funds could be raised to complete the project, but when all of the players were lined up and everyone began to cooperate to reach a common goal, not only wars the necessary funds generated, but it was discovered that there are people in this community and surrounding areas who are interested in making the project a success. He stated that the project brings to mind the strength of diversity in a diverse population which is America, and this project is what America is about - starting with a limited amount and reaching a final successful project. He expressed appreciation to the citizens of Roanoke, to City Council and to past City Council Members for the part they played in a well thought out and worthwhile project. 554 ACTION: The May. or recognized Henry J. Faison, Chairman of the Board, Faieon AsSOClatos, who his b~ln insf~umental in the r~rn, m,,, d.e.v, elopment of .th.e Ci.ty of .oan.oke over the last decad;: mm regard to Vsqey V,ew Shopping Center, the First Union Tower and The Hotel Roanoke & Conference Cen~er project, He etated his pleasure to work. with Mr. Faison and expreseed the. City's indebtedness to him for the part that he played in brokenng the arrangement with Doubletree Hotel and Virginia Tech. On behalf of the City of Roanoke, the Mayor presented Mr. Fsison with a Key to the City. The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: A report of qualification of Janie P. Wheeler as a member of the Roanoke.Arts Commission, for a term ending June 30, 1996, was before Counc,I. (See Oath or Affirmation of Office on file in the City Clerk's Office.) I Mrs. Bowlse moved that the report of qualification be received and filed..The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, Parrott, White, Bowles and Mayor Bowers . 5. NAYS: None (Council Members McCadden and Wyatt were absent.) OATHS OF OFFICE-COMMITTEES-FAIR HOUSING BOARD: A report of qualification of Daniel E. Karnee as s member of the Fair Housing Board, for a term ending March 31, t998, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) 555 ACTION: Mm. Bowies moved that the report of qualification be received I and filed..The motion wes seconded by Mr. Edwerds and adopted by the followng vote: AYES: Council Members Edwards, Psrrott, White, Bowies and Mayor Bowers 5. NAYS: None (Council Members McCadden and Wyatt were absent) HEARING OF CITIZENS UPON PUBLIC MATTERS: HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH- CONVENTION AND VISITORS BUREAU-TOURISM: Martha A. Mackey, Executive Director, Roanoke Valley Convention and Visitors Bureau, appeared before Council and expressed s sense of pride that the Hotel Roanoke project has come to fruition. She advised that the Conference Center will be the catalyst to bring those convention groups back to the Roanoke Valley that could not previously find sufficient conference space, and the facility has helped to secure new group bookings for the area. She stated that the Conference Center, combined with increased sales efforts, has created many opportunities for the Roanoke Valley by increasing lead time development, group bookings, conference attendees and total room nights, which sales efforts will bring new tax dollars into the economy of the Roanoke Valley and the City of Roanoke while enhancing the quality of life for Rosnoke's citizenry. Ms. Mackey advised that three years ago, Roanoke City Council had the foresight to increase the budget of the Roanoke Valley Convention and Visitors Bureau by $300,000.00, and under the direction of President L. Gerald Carter and the Board of Directors, hospitality tax revenues have increased from $9.5 million in 1990-91 to $11.3 million in 1993-94 in the Roanoke Valley, and in the City of Roanoke alone, tax revenues have increased from $5.1 million in 1990-91 to $6.1 million in 1993-94, and the future looks bright She presented each Member of Council with a copy of the Annual Report of the Roanoke Valley Convention and Visitors Bureau. (See Annual Report on file in the City Clerk's Office.) 556 ACTION: ACTION: James C. Sears, Vice President, Roanoke Valley Convention and Visitors Bureau, expreesed appreciation to Council for activities associated with The Hotel Roanoke & Conference Center, and on behalf of the Board of Directors, ha expressed appreciation for the City's financial support of the Convention and Visitors Bureau. He requested the City's continued support of the Roanoke Valley Convention and Visitors Bureau in its efforts to be competitive with other Convention and Visitors Bureaus around the Commonwealth of Virginia. Mr. White moved that the remarks of Ms. Mackay and Mr. Sears be received and filed. The motion was seconded by Mr. Parrott and adopted. HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: Gary D. Walton, General Manager, The Hotel Roanoke & Conference Center, appeared before Council and advised that this day culminates a tremendous effort to see the rebirth of The Hotel Roanoke and the opening of the Conference Center; that on this date the project moves from a pre-opening status to a post-opening status; that pre- opening activities have focused on selling the facility and opening the doors and during post-opening, sales support will continue, and products and services will be delivered. He noted that sales efforts have been extremely successful and unparalleled,.?at the Conference ! Center opened aa of Friday, March 31, 1995, w;th a grand total of 102,202 definite registered conferees for a number of events such aa gales, balls, wedding receptions and other events that will bring additional revenue to the Conference Center. On behalf of Doubletree Hotel, he expressed appreciation for the City's support. Mr. Parrott moved that Mr. Walton's remarks be received and filed. The motion was seconded by Mr. White and adopted. On behalf of the City of Roanoke, the Mayor presented Mr. Walton with a Key to the City. Brian J. Wishneff, Acting Director, The Hotel Roanoke & Conference Center, appeared before Council and expressed appreciation for Council's support of the project. He also expressed appreciation to Virginia Tach for a long and lasting partnership, and to Kimberly D. Carico, Administrative Assistant; BeveHy A. James, Special Projects Coordinator; James D. Grieso, Director of Finance; a.nd W..Robert Herbert, City Manager. He.stated that during initial d,scues,ons five to six years ago, it was projected that tax revenues I 557 from within the confines of The Hotel Roanoke & Conference Center I would pay for the annual de.bt service and the..City'e share of operating _ costs of the facility by the th,rd year, however it now appears, based on projections, that that goal will be achieved during year one. He called attention to efforts to insure that the facility will be a state of the art building in terms of date and communications capacity, advising that with the Conference Center's internal cable television system, its video projection facilities in the lecture hall, ite video conferencing capacity in the boardroom, and its connection on rite internet eystem to Virginia Tech, that goal has been achieved, and the facility is considered to be the most advanced public meeting facility in the country outside of a university campus. He noted that the challenge in the future will be to stay abreast of changing technology which will pay dividends in terms of sales and bookings for the facility. He advised that during the past weekend, over 5,000 people toured The Hotel Roanoke & Conference Center. ACTION: Mr. Edwards moved that the remarks of Mr. Wiehneff be received and filed. The motion was seconded by Mrs. Bowies and adopted. As a token of appreciation, the Mayor presented Mr. Harvey and Mr. Wiahneff with a City of Roanoke paperweight, with the City Seal embossed thereon. Raymond D. Smoot, Jr., Vice President for Finance and Treasurer of Virginia Polytechnic Institute and State University, appeared before Council and expressed excitement over the New River Valley and the Roanoke Valley coming together and mustering all of its resources in support of western Virginia. He expressed appreciation to Council for having the foresight and the determination to see the project to a successful completion, and expressed appreciation to past City Council Members Howard E. Mueser, Robert A. Garland, Beverly T. Fitzpatrick, Jr., James G. Harvey, II, and former Mayor Noel C. Taylor for their contributions. He added a note of appreciation to City Manager W. Robert Herbert who lived and breathed the project from its inception and to Brian Wishneff, Acting Director, The Hotel Roanoke & Conference Center, for his efforts in seeing the project to completion. On behalf of Dr. Paul E. Torgerson, President, Virginia Tech, he presented the Mayor and each Member of Council with a print of The Hotel Roanoke & Conference Center, painted by local artist, Eric Fitzpatrick. 558 ACTION: Dr. Harold A. Kuratedt, Jr., Director of the Center for Organization and Technological Advancement (COTA), Virginia Tech, advised that COTA i~ supportmJ by both public and private funds, with public funds through the Commonwealth of Virginia and private funds through a substantial endowment to the univemity. He explained that public funds will be used primarily for program development and implementation at The Hotel Roanoke and private funds will be used primarily for marketing development. To the COTA fund, both private and public, he noted that the continuing education activities and efforts of Virginia Tech will be added in order to use the funds primarily to build and to lead partnerships with corporations, government organizations, school systems, other universities and community coilegss, and civic and professional associations. He stated that funds will not be focused on people, but on development programs for workshop meeting certification, conferences, forums, etc., all of which will be delivered through the facility, and the emphasis will be on blending the abilities and efforts of faculty and practitioners from industry and education to develop specific programs. In addition, he stated that word of the facilities and the partnership between Virgipia Tech and the City of Roanoke will be spread through a unique program that will be offered to Chambers of Commerce, civic and professional organizations and members throughout the etato and surrounding states through electronic presentation means. He advised that the first version of the program will be ready this week, but the presentation will not be complete until late summer, 1995; that five or more persons will deliver at least two presentations per week, and it is sstimatad to reach approximately 20,000 persons per year. Mr. Edwards moved that the remarks of Dr. Smoot and Dr. Kurstedt be received and filed. The motion was seconded by Mrs. Bowles and adopted. OTHER HEARINGS OF CITIZENS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CiTY MANAGER: BRIEFINGS: 559 TRAFFIC-STATE HIGHWAYS-BRIDGES-HOTEL ROANOKE I CONFERENCE CENTER-VIRGIN?. TECH-STREETS AND ALLEYS: Purausnt to the request of the C,ty Manager, Robert K. Bengtaon, Traffic Engineer, preesnta~l a briefing in regard to the status of roadway projects around The Hotel Roanoke & Conference Center. (See briefing paper paper on file in the City Clerk's Office.) ACTION: Mr. Parrott moved that the briefing be received and filed. The motion was seconded by Mr. White and adopted. ITEMS RECOMMENDED FOR ACTION: ZONING-PLANNING-LANDMARKS/HIST. PRESERVATION- LIBRARIES: The City Manager submitted a written report advising that in January 1992, the Historic Gainsboro Preservation District completed a preliminary application nominating the Gainsboro Branch Library to the Virginia Landmarks Register and the National Register of Historic Places; that inasmuch as procedures for nomination to the Registers require approval and concurrence by the property owner, the application was submitted to the City for approval and signature; that I action by the City Manager was deferred because of planning studies in Gainsboro which.ultimately would recommend, appropriate historic designation for the I,brary and the area; and pisnn,ng for the aras is still under discussion with the Gainsboro Coalition, with local historic designation and degree regulation to be a part of the continuing work effort with the Gainsboro community. It was further advised that the Neighborhood Design District (ND) was established by Council in June 1994 after a successful effort to amend the City Charter, and the new zoning district recognizes areas of unique architectural value identified in the Comprehensive Plan and administratively regulates the design of new buildings, with the Comprehensive Plan to be updated to define areas of such value; and on February 27, 1995, the Gainsboro Preservation District requested that Council take action with regard to nomination of the Gainsboro Branch Library to the State and National Historic Registers. 560 ACTION: It was explained that the Gainsboro Branch Library ia historically significant because it was the City'e firat library built specifically for the black community (1921); that the library represents '~he result of efforts of the comm..u, nity and the City working .in tandem to provide theminority citizens of Roanoke, even dunng the period of legal ssgregation and separation, with educational opportunities and cultural enlightenment", and the building is also architecturally significant to the Gainaboro community; that listing on the Registers officially recognizes the property as historic, which does not restrict the owner's right to use, modify or demolish the property unless Federal funds are used; that a Preliminary Information Form must be submitted to allow Virginia Landmarks Commission review for Register eligibility; and designation of the Gainsboro community as an historic district is still under study, with the Neighborhood Design District as an option, however, the Comprehensive Plan must first be amended. The City Manager recommended that he be authorized to execute the Preliminary Information Form requesting the Virginia Department of Historic Resourcee to consider the Gainsboro Branch Library for inclusion on the Virginia Landmarks Register and the National Register of Historic Places; and that Council request the Roanoke Regional Pm. servation Office to prepare the final Register nomination of the Gamsboro Branch Library to be included in the 1995-96 work program. · (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (~/32419-040395) A RESOLUTION endorsing the inclusion of the Gainsboro Branch Library aa a landmark on the Virginia Landmarks Register and the National Register of Historic Places; authorizing the proper City officials to execute the appropriate documents; and requesting the Roanoke Regional Preservation Office to prepare the final Register nomination and include the nomination in the 1995-96 work program. (For full text of Resolution, see Resolution Book No. 57, page 135.) Mr. White moved the adoption of Resolution No. 32419-040395. The motion was seconded by Mr. Edwards and adopted by the following vote: 561 AYES: Council Members Edwards, Parrott, White, Bowiss and I Mayor Bowers 5. NAYS: None 0. (Council Members McCadden and Wyatt were absent.) BUDGET-SEWERS AND STORM DRAINS.PUBLIC WORKS- CAPITAL IMPROVEMENTS PROGRAM-UTILITIES-WATER RESOURCES: The City Manager submitted a written report advising that services budgeted in the General Fund but provided to Water and Sewage Funds are billed to those utility funds through the City's internal billing system, which billing process insures that the utility funds continue to function as independent operations; that City engineering services ars usually billed to a general account in said utility funds; that specific project billings need to be established for the projects that benefit other jurisdictions in order to be able to account for cost for billing other jurisdictions; that types of engineering services include design, inspection, contract administration, and sewer line extension estimates for citizens and developers; and many construction projects are on- going in the utility funds as the result of the $30 million water capital improvement program, the infiltration and inflow control program, and the start of the $4t.5 million sewage facilities capital improvement program. It was further advised that insufficient funds were appropriated in the utility funds to reimburse the General Fund for City engineering services; that additional accounts need to be established in certain capital project accounts where project costs could potentially be prorated and billed to other jurisdictions; that expenses for future capital projects in the utility funds should anticipate City engineering services and be funded accordingly when the project accounts are initially established; and necessary funds and current funds are projected as follows: Current Account and Utility Fund A~orooriat]on Water, G~neml 002-05&2160-7070 $45,0Q0.00 Sewage, Gen~ml 003-0E&-3150-7070 Sewage, Tinker Creek Ii'lt~'celXoc None Proposed Tc4al ADDroorlatIofl $100,000.00 $100,000.00 §62 Int~r. eptor None $200,000.00 Plant Expmmlon None $2E0,000.00 Rcrr Non~ $ S,000.00 I/t, la. eduction II None $ 12,000.00 PC-2 None $ S,O00.O0 The City Manager recommended that Council approve the following appropriations: From Water Fund Previous Year's Retained Earnings to: Account No. 002-056-2160-7070 $ 55,000.00 From Sewage Fund Previous Year's Retained Earnings to: Account No. 003-056-3150-7070 Account No. 003-056-8460-9003 Account No. 003-056-8463-9003 Account No. 003-056-8467-9003 $ 40,000.00 12,000.00 5,000.00 5,000.00 Transfer bond funds from STP Extension Account No. 003-056-8465-9001 to: Account No. 003-056-8468-9001 Account No. 003-066-8469-9001 Account No. 003-056-8470-9001 $22,950.00 73,400.00 93,250.00 increase receivable amounts due from other govemmenta and appropriate the following accounts: Account No. 003-056-8468-8999 Account No. 003-056-8409-8999 Account No. 003-056-8470-8999 $ 27,050.00 126,600.00 156,750.00 (For full text, see report on file in the City Clerk's Office.) 563 sections of the 1994-95 Water and Sewage Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 136.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 32420-040395. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Edwards, Parrott, White, Bowles and Mayor Bowers -.. 5. NAYS: None O. (Council Members McCadden and Wyatt were absent.) REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: EASEMENTS-APPALACHIAN POWER COMPANY-CITY PROPERTY-WATER RESOURCES: Ordinance No. 32417 authorizing execution of an agreement with Appalachian Power Company permitting installation of overhead power lines to serve the Carvins Cove Filter Plant across portions of City-owned property located in Roanoke and Botetourt Counties, identified as Official Tax No. 18.00-1-9, and assigning easements to Appalachian to be acquired by the City across privately-owned property located in Botetourt County and identified by Botetourt County Official Tax Nos. 106-1-4 and 106-1-5, having previously been before the Council for its first reading on Monday, March 27, 1995, 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: 564 ACTION: (#32417-040395) AN ORDINANCE authorizing execution of an agreement w!th Appalachian Power Company ("Appalachian") permitting the ,nstsllation of overhead power lines across portions of · City-owned property located in Roanoke County and Botetourt County and identified as Official Tax No. 18.00-1-9, and assigning to Appalachian easements to be acquired by the City across privately- owned property located in Botetourt County and identified by Botetourt County Official Tax Nos. 106-1-4 and 106-1-5. (For full text of Ordinance, see Ordinance Book No. 57, page 134.) Mrs. Bowles moved the adoption of Ordinance No. 32417-040395. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Edwards, Parrott, White, Bowles and Mayor Bowers ..... 5. NAYS: None 0. (Council Members McCadden and Wyatt were absent.) APPALACHIAN POWER COMPANY-CITY .PROPERTY-WATER · RESOURCES-STREETS AND ALLEYS: Ord,nance No. 32418 authorizing execution of an agreement with Appalachian Power Company providing for the upgrading of existing power lines and relocation of four existing poles across portions of City-owned property, identified as Official Tax No. 4350701 and located along Bennington Street, S. E., having previously bccn before the Council for its first reading on Monday, March 27, 1995, 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: (ff324t8-040395) AN ORDINANCE authorizing the execution of an agreement with Appalachian Power Company ("Appalachian") providing for the upgrading of existing power lines and relocation of four (4) existing poles across portions of City-owned property identified by Roanoke City Tax Map No. 4350701 and located along Bennington Street, S. E., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 57, page 134.) 565 ACTION: Mm. Bowlss moved the adopt]on of Ordinance No. 324184)40395. The motion was seconded by Mr. PalTott and adopted by the following vo~: '1 AYES: Council Members Edwards, Parrott, White, Bowles and Mayor Bowers 5. NAYS: None... 0. (Council Members McCadden and Wyatt were absent.) MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: None. There being no further business, the Mayor declared the msst]ng adjourned at 1 t:45 a.m. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 566 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL April 10, 1995 3:00 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fou~ti, floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, April t0, 1995, at 3:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Rep_ ular Meetin_ua, of Section 2-t5, ~ Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Delvis O. McCadden, John H. Parrott, Linda F. Wyatt, Elizabeth T. Bowies, John S. Edwards and Mayor David A. Bowers 6. ABSENT: Council Member William White, Sr. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend Earl P. Robertson, Ell Senior Pastor, First Church of the Nazarene. The Pledge of Allegiance to the Flag of the United Stetes of America was led by Mayor Bowers. SCHOOLS: The Mayor advised that on July 1, t995, there will be two vacancies on the Roanoke City School Board, for te,,,,s of three years, each, ending June 30, 1998. He stated that pursuant to Chapter 9, E.du~,_~iGQ, Article II, Procedure for Election of SchoQI Trustees. Section 9-t9, Preliminary screenin0 of candidate~, on or before March 31, Council, as a Committee of the Whole, shall, at a regular or special meeting, review and consider all candidates for the position of school trustee; whereupon, the matter was before the body. The Mayor further advised that as of March 10, 1995, at 5:00 p.m., which was the deadline for receipt of applications, the following persons had applied for appointment: C. Nelson Harris Martin D. Jeffrey Melinda J. Payne 567 i ACTION: Mr. Edwards moved that the three applicants be accorded ~e fornt.a.I interview to be held on Thursday, April 27, 1995, at 6:00 p.m., ~n the C,ty Council Chamber. The motion was seconded by Mrs. Bowies and adopted. The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He withdrew a request for an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, which had previously been placed on the agenda. MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee held on Monday, March 27, 1995, were before Council. The Audit Committee addressed the following items: Auditor of Public Accounts - June 30, 1994 - Clerk of Circuit Court report Payroll Time Entry Presentation of a revised 1995 audit plan Scheduled future Audit Committee meetings to be held on the following dates: June 12, t995, September 1t, 1995 and December 11, 1995. (For full text, see minutes on file in the City Clerk's Office.) ACTION: Mrs. Bowies moved that the minutes be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: 568 ACTION: ACTION: AYES: Council Members McCadden, Parrott, Wyatt, Bowies, Edwards and Mayor Bowers 6. NAYS: None, O. (Council Member White was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: A communication from David D. Guerrero tendering hie resignation es · member of the Roanoke Arts Commission, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowies moved that the communication be received and filed and that the resignation be accepted with regret. The motion was seconded by Mr. McCadden end adopted by the following vote: AYES: Council Members McCadden, Parrott, Wyatt, Bowles, Edwards and Mayor Bowers  AYS: None . 0. ! (Counc,I Member Wh,te was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE VALLEY RESOURCE AUTHORITY: A report of qualification of Bittle W. Porterfield, III, as a member of the Roanoke Valley Resource Authority, for a term ending December 31, 1995, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowies moved that the report of qualification be received and filed. The mot]on was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCedden, Parrott, Wyatt, Bowles, Edwards end Mayor Bowers NAYS: None.. e (Council Member White was abeenL) 569 OATHS .OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: A I report of qualification of Bre..nda A. Powell as a member of the Fair Housing Board, for s term ending I~trch 31, 1998, wis before Council. ACTION: (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Parrott, Wyatt, Bowles, Edwards and Mayor Bowers ,, 6. NAYS: None 0. (Council Member Wltita was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. OTHER HEARINGS OF CITIZENS: Nons. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: BUDGET-HOUSING/AUTHORITY-GRANTS: The Assistant City Manager presented a briefing in regard to the Consolidated Plan required by the U. S, Department of Housing and Urban Development and the Community Development Block Grant, HOME and Emergency Shelter Grant program entitlement funding process. A 12-minuta video was shown which was prepared by the Public Access Television Station in connection with program/activity changes. (See documents on file in the City Clerk's Office under data of May 8, 1995.) 570 ACTION: Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: CITY EMPLOYEES-EMERGENCY SERVICES-EMERGENCY MEDICAL SERVICES-FIRE DEPARTMENT: George C. Snssd, Jr., Director, Public Safety, called upon Ronald L. Wade, Communications Superintendent, for a briefing in regard to the Emergency Medical Dispatch Program. Mr. Wade advised that the City of Roanoke, along with Roanoke County, the City of Salem and the Town of Vinton held initial meetings in April 1993 to discuss 9-1-1 issues and local telephone companies were invited to listen to the various issues and to help work out solutions. He stated that in June t993, itwss decided to make the 9-1-1 group a formal committee and invite other surrounding jurisdictions to participate, thus, the committee was named Southwest Virginia Regional 9-1-1 Committee and monthly meetings were held to discuss issues and new technology that would affect all 9-1-1 communications centers, and surrounding telephone companies were invited to participate as the committee grew to encompass a 70-mile radius of Roanoke. Mr. Wade explained that one issue that immediately came to surface was how localities are being impacted by television shows depicting 9-1-1 centers and their ability to give medical advice over the telephone to callers. He stated that a program to provide that capability is called Emergency Medical Dispatch (EMD) and is the result of an experience in the Seattle, Washington area. He explained that the Southwest Virginia 9-1-1 Committee decided that a regional approach with the sharing of resources such as classrooms, instructors and materials would be the most efficient and effective way to obtain EMD capabilities, and the regional Emergency Medical Dispatch Program was started in October t993 with the initial training of EMD instructors from the City of Roanoke, City of Salem, City of Covington, County of Roanoke and MartinevillelHenry County; that a regional medical instructor manual and training aids package was devleoped; and with assistance from the Westom Virginia Emergency Medical Council, the Southwest Virginia Regional 9-1-1 Committee received a 50 per cent grant from the State's Rescue Squad Assistance Program to assist with cost of training instructors, training materials for EMD students and the cost of EMD flip cards that are used in giving medical advice by 571 teleph.o, ne. H.e..prssen?l EMD guide cards which serve as the basis for provid,ng cnUcal advice to 9-1-t callere, .with each card carefully structured and worded to reduce amb,guities and to instruct communications center personnel on w~at questions to ask, what to look for, end to provide exact phraseology for delivery of critical instructions. He played · tape recording of an actual Roanoke City 9-1-1 call that was handled by an EMD certified dispatcher which involved a choking child. Mr. Wade advised that es of this date, the City of Roanoke, the City of Salem, MertinsvillelHenry County and Botetourt County have completed training of personnel and plan to engage in additional training; and the goal of the City of Roanoke is to implement Emergency Medical Dispatch along with the Fire Department's First Rssponder Program in July t995, which is believed to be an important step in the improvment of services to Roanoke's citizens. In observance of and in conjunction with National Public Safety Telecommunicator Week which is the second week of April, the City Manager advised that the Director of Public Safety has instituted a program to recognize the services and con~butions of one of the emp!oyess o.f the department by d. ssignating an Employee of the Year, and ,t was h,s pleasure to recogn,ze Mark C. Fuller es Employee of the Year in the City Communications Depe(tz,,ent. He explained that Mr. Fuller is a Public Safety Telecommunicator who, since his employment by the City in July 1992, has exhibited unparalleled professionalism and concern for Roanoke citizens; and Mr. Fuller, who is a certified Cardiac Technician, recognized the importance of pre-arrival first aid instructions which could be provided to 9-1-1 callers end thus, researched training programs which would enable Public Safety Telecommunicatore to provide callers with critical life-saving instructions, a procedure known as Emergency Medical Dispatch (EMD) programs. He explained that Mr. Fuller assembled a team of regional professionals, coordinated their certification as EMD Training Instructors and established training for the entire Southwest Virginia Region and virtually all of the City's 9-t-1 center personnel achieved certification. 572 ACTION: ACTION: Me. Wyatt offered the following resolution: (#32421-041095) A .RESOLUTION recognizing MARK C. FULLER as Employee of The Year ,n the City Communications Depai'b~tenL (For full text of Resolution, see Resolution Book No. 57, page t39.) M~. Wyatt moved the adoption of Resolution No. 32421-041095. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Parrott, Wyatt, Bowles, Edwards and Mayor Bower= 6. NAYS: None. (Council Member White was absent.) The Mayor presented Mr. Fuller with a ceremonial copy of Resolution No. 32421-041095; and the City Manager presented him with an appropriately engraved plaque and a $50.00 United States Savings Bond. BUDGET-HOUSING~AUTHORITY-GRANTS-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The City Manager submitted a written report advising that the City of Roanoke receives annual entitlement from the U. S. Department of Housing and Urban Development (HUD) in the form of a Community Development Block Grant (CDBG), HOME Partnership Investment Program Fund and Emergency Shelter Grant; that initially, HUD representatives informed City staff that Roanoke'a overall entitlement will be $2,947,000.00 for the City's fiscal year t995-96, which is an increase of $5,000.00 in fiscal year t994 funding; and in addition, revenue is estimated to be available from the following sources for fiscal year 1995: $178,496.00 estimated program income generated from prior CDBG projects and $211,575.00 estimated interest generated by The Hotel Roanoke Section t08 Loan; $323,000.00 of CDBG funds and $240,445.00 of HOME funds available for transfer/carry-over from prior grant entitlement years which is available for continuing projecte; and 573 i in January 1995, HUD repreeentetives verbally inform.ed City staff that there may be s five per cent decrease m CDBG funds and s 25 per cent decrease in HOME funds for the upcoming 1995-96 fiscal year due to the disaster relief in California, which would mean s decrease of $268,000.00 from the fiscal year 1994 funding. It was further advised that a public meeting was held on January t9, t995, to receive recommendations of citizens on community nc.-ds; that Council was briefed by the City Manager on the newly developed U. S. Department of Housing and Urban Development Consolidated Plan and entitlement programs; that citizen participation requirements call for an evening public hearing by Council prior to submission of the Consolidated Plan to HUD; and the City is required by HUD to publish a Draft Consolidated Plan in the newspaper, which will appear in the Neighbors Section of The Roanoke Times & World News on Wednesday, April 12, 1995, and The Roanoke TribunQ on Thursday, April 13, t995. The City Manager recommended that Council schedule a public hearing to be held on Monday, May 8, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Parrott moved that Council concur in the recommendation of the City Manager and that the City Clerk and the City Attomey be authorized to advertise the necessary notices of public hearing. The motion was seconded by Mr. Edwards and adopted. PURCHASE/SALE OF PROPERTY-TRAFFIC-BRIDGES-PUBLIC WORKS-PLANNING-HOTEL ROANOKE CONFERENCE CENTER- VIRGINIA TECH-STREETS AND ALLEYS: The City Manager submitted a written report advising that at its meeting on April 13, 1987, Council requested the Virginia Department of Transportation (VDOT) to program a project for roadway widening and realignment along First Street/ Gainsboro Road (from Madison Avenue, N. W. to Salem Avenue, S. W.) and at the intersection of Orange Avenue and Gainsboro Road; that an agreement with VDOT was authorized on July 27, 1987, pursuant to Ordinance No. 28745, through which the City assumed responsibility for administering all aspects of the First Street/Gainsboro Road project; that location and major design features of the widening and realignment of Second Street/Gainsboro Road from Salem Avenue to 574 ACTION: Orange Avenue were approved by Council on October t, 1990; that right-of-way acquisition for 82 parcels of land on the project was authorized by Council on December 17, t990, pursuant to Ordinance No. 30346-121790; and acquisition of an additional 11 parcels of land was authorized by Council on February 27, 1995, pureusnt to Ordinance No. 32385-022795. It was further advised that six parcels of land as identified in Attachment B to the City Manager's report have either bccn acquired or have had options signed by the property owner; that while the parcel numbe.~ identJfi.ed were previously authorized by Council for acquis,tion, certain tax numbers within the parcels were mistakenly omitted; and the additional tax numbers need to be authorized to match the legal descriptions for the parcels of land, thereby allowing the City to properiy acquire the properties, which properties did not require any demolition of buildings or displacement of persons. The City Manager recommended that Council ratify steps already taken to acquire and authorize the acquisition of the necessary rights- of-way for six parcels of land identified on Attachment B of the City Manager's report and Parcels 002 and 008, and provide appropriate City officials with authority for acquisition through condemnation proceedings, as necessary, pursuant to Section 33.1-89, et seq., Code of Virginia (1950), as amended. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency ordinance: (#32422-041095) AN ORDINANCE providing for acquisition of certain property rights needed by the City for the widening and realignment along Second Street/Gainsboro Road; ratifying any action already taken to acquire these property rights; setting a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 140.) Mr. Parrott moved the adoption of Ordinance No. 32422-041095. The motion was seconded by Mr. McCadden and adopted by the following vote: 575 AYES: Council Members McCadden, Psrrott, Wyatt, Bowles, I Edwards and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) Ms. Helen E. Davis, 35 Patton Avenue, N. E., appeared before Council and inquired if Council is aware of how the road will affect the Gainsboro area and requested that s model be prepared to show the devastation that will take place in the neighborhood. She stated that the bottom line is, does Council know where the road will start, where it will end, and what it will do to the Gsinsboro community. Later during the meeting, Ms. Davis again appeared before Council and advised that no Member of City Council has in their neighborhood two four-laos highways, and steted that any topic that has b=.-n on the books since t987 deserves further study and consideration. She advised that the Gainsboro community cannot sustain two four4sne highways in its neighborhood, and asked that the City take s closer look at its black neighborhoods because history will I judge City Council for the quality of its decisionmaking. BUDGET-PUBLIC WORKS-WATER RESOURCES. · The City Manager submitted s written report advising that six bids for the Csrvins Cove Filter Plant Improvement - Phase I project were received by the Council-appointed bid committee on October 16, 1992, with Crowder Construction Co. of Charlotte, North Carolina, submitting the Iow bid, in the amount of $t2,682,280.00 and 730 consecutive calendar days construction time, which bid was accepted by Council on November 16, 1992, pursuant to Ordinance No. 31247-111692; and, to date, there have been six approved change orders, for a new contract total of $13,663,569.78 and 805 consecutive calendar days to complete the work. Itwas further advised that the original contract amount contained the sum of $81,430.25 for repair of cracks inside and outside of the intake chamber at the dam, which figure was based on 16 days of diver labor and 63 cubic feet of grout; that when divers began working on the repair, the cracks that were anticipated were found, but as the walls of the intake chamber (both inside and outside) were cleaned, a large quantity of smaller cracks were found that also needed repair; that while the smaller cracks require a great deal of time to grout, it is 576 ACTION: imperative that they be repaired while diving .crews ere on the project; and the contractor .h. as consulted with his diving subcontractor, who has quoted an additional sum not to exceed $t46,701.75 for time and material to complete the repair of the inside and outside cracks in the intake chamber. The City Manager recommended that Council concur in the following actions: Authorize the City Manager's issuance of Change Order No. 7 to the coh;,-act with Crowder Construction Co., in the amount of $146,701.75 and 63 consecutive calendar days for completion of the additional work, for a new total contract amount of $13,810,27t .52. Authorize the Director of Finance to transfer $146,701.75 from Account No. 0024)56-8372-9001, Carvins Cove Water Main Extension, Phase II, Contract C-2, to Account No. 0024)56-9368-9001, Carvine Cove Filter Plant Improvement, Phase I. (For full text, see report on file in the City Clerk's Office.) I _ Mrs. Bowles offered the followng emergency budget ordinance: (f~324234)41095) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 142.) Mrs. Bowies moved the adoption of Ordinance No. 32423-041095. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Parrott, Wyatt, Bowles, Edwards and Mayor Bowers 6. NAYS: None O. (Council Member White was absent.) 577 Mrs. Bowie~ offered the following emergency ordinance: I (#32424-041095) AN ORDINANCE approving the City Manager'a isauance of Change Order No. 7 to the City'e contract with Crowder Construction Company, in connection with Carvins Cove Filter Plant Improvements - Pheee I; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 143.) ACTION: Mm. Bowies moved the adoption of Ordinance No. 32424041095. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Parrott, Wyatt, Bowles, Edwarda and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) REPORTS OF COMMITTEES: I PURCHASE/SALE OF P..R. OPERTY-CITY PROPERTY-WATER RESOURCES: Council Member Ehzabeth T. Bowies, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to acquisition of a 6.377 acre parcel of lend located in Roanoke County adjacent to the Carvine Cove Filter Plant from Major Motor Inna, Inc., for the consideration of $260,000.00. A staff report advised that the City has embarked on a program to expand and renovate the Carvina Cove Filter Plant buildings and treatment processes; that the land area remaining in the immediate vicinity of the treatment plant is limited for potential future treatment processes; and a 6.377 acre parcel of land located along the north side of State Route 815 (adjacent to the Filter Plant) in Roanoke County has bccn offered for sale to the City, at a negotiated price of approximately $40,000.00 per acre, which is in agreement with the price obtained from an independent appraisal dated February 13, 1995. 578 ACTION: The Water Resources Committee recommended that Council concur in the following acUons: Authorize acquisition of a 6.377 acre parcel of land located in Roanoke County adjacent to the Carvins Cove Filter Plant from Major Motor Inns, Inc., whose principals arc Water F. and Barbara M. Poff and Maveth W. Clower, for the amount of $265,000.00 by General Warranty deed, in a form to be approved by the City Attorney, with an additional $1,000.00 to be appropriated to fund incidental expanses such as title search and document recordation. Appropriate $256,000.00, including $1,000.00 for incidental expenses, from the Water Fund Prior Year's Retained Earnings to an account to be established by the Director of Finance in the Water Fund. (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency budget ordinance: · (f/32425-041095) AN ORDINANCE to a .roe.nd and reordain certain sections of the 1994-95 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 144.) Mrs. Bowles moved the adoption of Ordinance No. 32425-041095. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Parrott, Wyatt, Bowles, Edwards and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) 579 Mm. Bowies offered the following emergency ordinance: I (~32426-041095) AN ORDINANCE providing for the acquisition of a 6.377-acre parcel of land located in Roanoke County, adjacent to the Carvins Cove Filter Plant, identified by Roanoke County Tax Map Noa. 18.00-1-3, 18.00-1-5, 18.00-1-5.1, 18.00-1-5, end 18.00-1-7, upon certain terms and conditions; and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. 57, page 145.) ACTION: Mrs. Bowies moved the adoption of Ordinance No. 32426-041095. The motion wee seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCedden, Parrott, Wyatt, Bowles, Edwards and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) BUDGET-GENERAL SERVICES-PUBBC WORKS-BBRARIES: Council Member White, Chairperson of the Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for alterations and additions to the Melrose Branch Library, recommending that Council approve the following actions: Authorize the City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney, with Lucae Construction Co., for alterations and additions to the Melrose Branch Library, in accordance with contract documents prepared by the Office of City Engineer, in the amount of $76,900.00 and 90 consecutive calendar days. Appropriate $83,400.00 from Capital Maintenance and Equipment Replacement Program funds to be transferred to a new Capital Projects fund account entitled "Melrose Branch Library," as follows: 580 ACTION: Contract Amount $76,900.00 Project Contingency 6.500.00 Total Contract Amount $83,400.00 Reject all other bids received by the City. The City Manager submitted s written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (ff32427-041095) AN ORDINANCE to amend and reordain certain sections of the 1994-95 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 146.) Mr. Parrott moved the adoption of Ordinance No. 32427-041095. The motion was seconded by Ma. Wyatt and adopted by the following · vote: AYES: Council Members McCadden, Parrott, Wyatt, Bowles, Edwards and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) Mr. Parrott offered the following emergency ordinance: (~32428-04t095) AN ORDINANCE accepting the bid of Lucas Construction Co., for alterations and additions to the Melrose Branch Library, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the raquisita 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. 57, page 147.) 581 ACTION: Mr. Pawott moved the adoption of Ordinance No. 32428-041095. The motion was seconded by Ma. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Parrott, Wyatt, Bowles, Edwarda and Mayor Bowers 6. NAYS: None ...... O. (Council Member White was absent.) BUDGET-SEWERS AND STORM DRAINS-GENERAL SERVICES- PUBLIC WORKS-WATER RESOURCES: Council Member White, Chairperson of the Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for effluent reeerstion at the Water Pollution Control Plant, recommending that Council approve the following actions: Authorize the City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney, with Broakell, Inc., for effluent reeeration at the Water Pollution Control Plant, in accordance with contract docum.e..nte aa prepa.red by Mattem & Craig, Inc., Consulting Engineers, ,n the amount of $116,937.00 and 150 consecutive calendar days to complete the work. Appropriate $130,700.00 from Sewage Fund Retained Earnings to a new Sewage Fund account entitled, "Effluent Reeerstion," as follows: Contract Amount Contingency 1%% for Internal Engineering Fees $t 16,937.00 12,000.00 1.763.00 Total Contract Amount $130,700.00 Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clark's Office.) 582 ACTION: ACTION: Mr. Parrott offered the following emergency budget ordinance: (t~32429-04t095) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Sewage Fund Appropriations, and providing for an emergency. ,! (For full text of Ordinance, see Ordinance Book No. 57, page 148.) Mr. Parrott moved the adoption of Ordinance No. 32429-041095. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Parrott, Wyatt, Bowles, Edwards and Mayor Bowers ..... 6. NAYS: None (Council Member White was absent.) Mr. Parrott offered the following emergency ordinance: (~/32430-04t09.5) AN ORDINANCE accepting the bid of Breakell, Inc., to provide and ~nstell an effluent reareration system at the Water Pollution Control Plant, upon certain terms and conditions, 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. 57, page 149.) Mr. Parrott moved the adoption of Ordinance No. 32430-041095. The motion was seconded by Me. Wyatt and adopted by the following vote: AYES: Edwards and Mayor Bowers NAYS: None- (Council Member White was absent.) UNFINISHED BUSINESS: None. Council Members McCadden, Parrott, Wyatt, Bowles, 6. 583 INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: Nons. MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: CELEBRATIONS-TAXES-BUDGET: Vice-Mayor Edwards advised that he attended the Festival of Local Colors on Saturday, April 8, 1995, which was a parade of citizens from different countries that was organized by Downtown Roanoke, Inc., Center In The Square, and the City of Roanoke, and the activity celebrated the fact that there is a tremendous diversity of population in the Roanoke Valley, with approximately 25 countries represented from all over the world. The Vice-Mayor further advised that Roanoke is a community composed of many senior citizens, and called attention to a statement of Susan B. Williams, Executive Director, League of Older Americans, that the Roanoke Valley is a "mecca" for retirees. He referred to his communication under date of March 27, 1995, proposing an increase in the income limitation for real estate tax freeze for elderly and disabled property owners, and encouraged that Council give favorable consideration to hie proposal during fiscal year 1995-96 budget study deliberations. OTHER HEARINGS OF CITIZENS: None. At 4:25 p.m., the Mayor declared the meeting in recess until 7:00 p.m. At 7:00 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and the following Council Members in attendance: Delvie O. McCadden, John H. Parrott, Linda F. Wyatt, Elizabeth T. Bowles, John S. Edwards and Mayor David A. Bowers. (Council Member William White, Sr., was absent.) OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. 584 The reconvened meeting was opened with a preyer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, April 10, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Newbern Properties, L. P., that property located on Tuckawana Circle, N. W., described aa Official Tax Nos. 6472001 and 6472002, be rezoned from RM-2, Residential Multi-family, Medium Density District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-New~ on Friday, March 24, 1995, and Friday, March 31, 1995. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning ia to place two Iota, comprising 1.46 acres, into a zoning classification that would permit the expansion of the adjoining heating and air conditioning business onto the property, which expansion would include construction of a 5,000 square foot metal building for the purpose of storing inventory and parts, and additional parking spaces necessary for employees and visitors to the business, was before Council. The Planning Commission recommended approval of the request for rezoning, advising that the request would be in keeping with future land uae patterns anticipated for the area and proffered conditions address visual site factors, thereby providing for a more desirable light manufacturing development which is compatible with adjoining residential and recreational uses. (For full text, see report on file in the City Clerk's Office.) 585 David C. Hel~cber, Attorney, appeared before Council in support of the request of hie clienL ACTION: Mr. Parrott moved that the following ordinance be placed upon its first reading: (~32431) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), aa amended, and Sheet No. 647, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 56, page 152.) The motion was seconded by Mr. Edwards. The Mayor inquired if there were persons present who would like to address Council with regard to the request fur rezoning. There being none, Ordinance No. 32431 was adopted, on its first reading, by the following vote: AYES: Council Members McCadden, Parrott, Wyatt, Bowles, Edwards and Mayor Bowers ..... 6. NAYS: None ... 0. (Council Member White was absent.) CITY CODE-ZONING-PLANNING-RECYCLING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, lg8t, the City Clerk having adve~eed a public hearing for Monday, April 10, t995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Browning-Ferris Industries of South Atlantic, Inc. (BFI), to amend Section 36.1-249, Permitted Ueee, in the LM, Light Manufacturing District, Chapter 36.t, Zoning, of the Code of the City of Roanoke (t979), as amended, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, March 24, t995, and Friday, March 31, 1995. (See publisher's affidavit on file in the City Clerk's Office.) 586 · .The City Planning Commission submitted a written report edvm,ng that the purpose of the proposed ordinance text amendment · is to allow recycling establishments to process other household waste materials in addition to paper products, glass and aluminum as currently set forth in the City Code; and the current code provision reads as follows: Section 36.1-249 (Permitted uses in the LM, Light Manufacturing District), item (19): "(19) Scrap materiels recycling establishments limited to the salvage and recycling of paper products, glass and aluminum where all activities and storage are wholly enclosed in a building." The Planning Commission further advised that the petitioner proposes to amend Section 36.1-249, item (19) as follows: (19) Materials recycling facilities where materials are processed for delivery to markets, provided all processing and storage are conducted in a wholly enclosed building. The City Planning Commission recommended approval of the proposed zoning ordinance text amendment, advising that the amendment would place existing recycling operations into a conforming zoning statue as well as facilitate effective waste management activities beneficial to the entire community. (For full text, see report on file in the City Clerk's Office.) Karen Frssland, District Manager, Browning-Ferris Industries of South Atilantic, Inc. (BFI), appeared before Council in support of the request. Mrs. Bowies offered the following emergency ordinance: (#32432-041095) AN ORDINANCE amending and reordaining subsection 19 of Section 36.1-249, ~ of Subdivision A, LM. Lioht Manufacturin_, District Division 4, ~ of 587 ACTION: Article III, ~ of Chapter 36.1, ~ of the Code of the C..ity of Roanoke (t979), as amended, to allow recycling eetabl,shmente to process other household waste materials; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 15t.) Mrs. Blowles moved the adoption of Ordinance No. 32432- 041095. The motion was seconded by Mr. Parrott. The Mayor inquired if thera ware persons present who would like to address Council with regard to the zoning text amendment. There being none, Ordinance No. 324324)41095 was adopted by the following vote: AYES: Council Members McCadden, Parrott, Wyatt, Bowles, Edwards and Mayor Bowers 6. NAYS: None 0. (Council Member White was abssnL) STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, April 10, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of John G. Rocovich, Trustee of QLC Land Trust, to permanentiy vacate, discontinue and close the remaining portion of a cul-de-sac at the end of Wynne Road, S. W., which adjoins Electric Road, 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 & Worid-NeW~ on Friday, March 24, t995, and Friday, March 31, t995. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising the applicant desires to fully incorporate the land within this residual section of road into the boundaries of his remaining property and to thereby remove and eliminate the undeveloped (paper) roadway as an encumbrance upon his property (Official Tax Nos. 5130511 through 5130515, inclusive); and the City has no current or future plans to use this 588 ACTION: section of Wynne Road, S. W., inasmuch as limited size, location and grade of the road section rendere the roadway as an isolated and impractical connection to any other adjacent City street, was before Council. The City Planning Commission recommended approval of the request to close and vacate the abovedeecribed section of Wynne Road, S. W., subject to the following conditions: The applicant shall submit to the City, receive approval of, and record in the Office of the Clerk of the Circuit Court, a subdivision plat providing for the following: disposition of the land within the vacated rights-of-way in a manner consistent with the requirements of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended; and retention of appropriate easements, together with the right of public passage over same for surface and subsurface installation and maintenance of any and all utilities that may be located in the subject right-of-way. If a plat of subdivision is not approved by the City and recorded by the applicant within a period of 12 months from the date of adoption of an ordinance providing for such closure of the subject right-of-way, said ordinance shall become null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) John H. Young, Attomey, appeared before Council in support of the request of his client. Mr. McCadden moved that the following ordinance be placed upon its first reading: 589 (#32433) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, ss ere more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 56, page 153.) The motion wes seconded by Mr. Psrrott. The Mayor inquired if there were persons present who would like to address Council with regard to the request for street closure. There being none, Ordinance No. 32433 was adopted, on its first reading, by the following vote: AYES: Council Members McCadden, Parrott, Wyatt, Bowies, Edwerds end Mayor Bowers 6. NAYS: None (Council Member White was absent.) OTHER HEARINGS OF CITIZENS: None. There being no further business, the Mayor declared the meeting adjourned at 7:10 p.m. APPROVED A'I'rEST: Mary F. Parker City Clerk David A. Bowers Mayor