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HomeMy WebLinkAboutReel 1325 (4/24/1995- 12/02/96)i REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL April 24, 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, 2t5 Church Avenue, S. W., City of Roanoke, on Monday, April 24, 1995, at 3:00 p.m., the regular mesting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, ~A~ of Section 2-t 5, Rules of Procedure. Code of the City of Roanoke (1979), as amended. PRESENT: Council Members John H. Parrott, William White, Sr., Linda F. Wyatt (arrived at 5:00 p.m.), Elizabeth T. Bowles, John S. Edwards and Mayor David A. Bowers 6. ABSENT: Council Member Delvis O. McCadden OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Rib:hie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grieso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by Rabbi Jerome S. Fox, Beth Israel Synagogue. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. SPECIAL PRESENTATIONS: ACTS OF ACKNOWLEDGEMENT-PROCLAMATIONS: The Mayor issued a proclamation declaring Monday, May t, t995, as Tour DuPont Day in the City of Roanoke. (For full text, see proclamation on file in the City Clerk's Office.) 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 City C;erk having a(ivertised a publ;c hearing to be held on Monday, April 24, 1995, at 3:00 p.m., the matter was before the body. 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 view~ of citizens with regard to School Board appointments, and no applicant shall be appointed to the School Board unless such applicant's name has been considered at a public hearing. Advertisement of the public hearing was published in the Roanoke Times & World-News on Thursday, April 13, 1995. (See publisher's affidavit on file in the City Clerk's Office.) The Mayor further advised that on Monday, April 10, t995, Council selected the following persons to be accorded the public interview on Thursday, April 27, 1995, at 6:00 p.m., in the City Council Chamber for three year terms of office commencing July 1, t995, and ending June 30, t998: C. Nelson Harris Martin D. Jeffrey Melinda J. Payna The Mayor requested that osch speaker limit their remarks to five minutes. Ma. Sandy Moore, 3180 Brughs Mill Road, Fincastle, Virginia, appeared before Council in support of the application of The Reverend C. Nelson Harris. She advised that for the past three years, Reverend Harris has served the citizens of the City of Roanoke aa an active and involved member of the School Board while establishing himself as a strong child advocate. She stated that child health care sparked his interest, when in the fall of 1992, the fenner Health Director made a presentation to the School Board on the health needs of the City's school children and Reverend Harris took the initiative to research local data and State legislative repeals, and following discussions with State and local officials, he encouraged the School Board to move forward in funding school health nurse positions. Because of his leadership and advocacy, she noted that the Roanoke City School Board increased school health nurse positions from six nureea in 1992 to the present number of !9 part-time nurses. She called attention to hie sense of compassion, responsibility and caring for children, advising that Reverend Harris has kept in touch with the School Board's purpose of 3 serving the children in the classrooms and is frequently seen visiting in the schools and talking with parents, taachere and administrators. She added that he is well respected by his fellow School Board members who recognized ~is Issderehip abilities and elected him as Chairman; that in his first t~rm as a School Board member, he made a significant contribution to his home community and to the school division which educated him and to which he is committed and dedicated to achieving excellence in education for all students. She stated that his energy, enthusiasm, wisdom, leadership and experience are essential ingredients as the School division faces the challenges of the future. Ms. Doris N. Ennis, 18tl Syracuse Avenue, N. W., appeared before Council in support of the application of The Reverend C. Nelson Harris, and advised that she has known Reverend Harris in such capacities as student, administrator and member of the Roanoke City School Board. She added that Reverend Harris was a model student and even though he has gone on to greater heights, the content of his character has not changed; and noted that he was always a student who was dignified and well trained and had respect for authority, for his teachers and for his peers. She advised that Reverend Harris brings energy and new ideas to the school system which are essential ingredients as the system evolves into the 21st century in a diverse, complex and changing world. She stated that he has been supportive of the magnet schools which have brought not only financial support but racial balance, and it is important to note that this has been achieved by peaceful means and by means whereby all pereous have benefitted as a result of cultural experiences. She noted that he has been sensitive to the needs of all quadrants of the City, he is open- minded and receptive to suggestions, and he has established rapport with the community; that under his leadership, Roanoke has not had the dismantling of progress, but if programs needed to be reevaluated, he has done so without making rash decisions, he has I:c.c.~ supportive of the present administration and Superintendent, and he has been forward in his thinking as the system moves into the area of changing discipline to guarantee a safe and positive learning environment. She advised that as the school system approaches the age of changing technology and moves forward into the 21st century, students must be mindful of and have respect for authority, discipline, and tolerance, along with a sense of benevolence, and inasmuch as Reverend Harris is a minister, he will insure that this is carried out in the school systam. She urged that Reverend Harris be reappointed for another three year term as a member of the Roanoke City School Board. 4 Mr. Jim Olin, 175 27th Street, S. W., appeared before Council and · spoke in support of the application~ of Martin D. Jeffrey and Melinda. J. Payne. He advised that he has known Mr. Jeffrey for 12 years, having watched him grow in his positions with Total Action Against Poverty to his current position in community development and outreach where he worke with various neighborhoods in the City. He advised that Mr. Jeffrey ia interested in the PTA at Garden City Elementary School where his three children attend school. He also advised that Mr. Jeffrey believes that there ehould be sufficient financing to support City schools; that there needs to be a closer community relationship with the schools which will help with not only funding but with problems associated with the school drop out rate, drug abuse, weapons in the schools, etc.; and his work in the community and in the schools will be helpful in uniting neighborhood organizations with the schools and trying to solve eome of the major problems. He stated that Mr. Jeffrey believes that the school system is doing a good job; that he is cautious of the charter schools issue, and would not be in favor of charter schools except on a trial basis because they would ultimately take money from the schools and weaken the system. He added that Mr. Jeffrey would be a good candidate for the School Board, and recommended that he be appointed because of his interest in children, his background, his community activities, his aggressiveness, and his diligence in finding out what is going on in the schools by talking with taachere end administrators and involving parents as a way of helping to correct some of the existing problems. Ma. JamLs C. Peyne, 301 Rutherford Avenue, N. W., a fourth grade student at Highland Park Lssming Center Magnet School, appeared before Council in support of the application of her mother, Melinda J. Payne. She advised that her mother ia intelligent, caring and involved in the community and in her school, and stated that her mother would be a good choice for School Board member. The Reverend Charles T. Green, 1731 Hanover Avenue, N. W., appeared before Council in support of the application of Martin D. Jeffrey, and advised that he has known Mr. Jeffrey for a number of years, having worked with him on numerous community projects. He stated that Mr. Jeffrey is an energetic young man who is actively involved in hie community; and he ia the kind of person who is concerned about better schools for our children, · better community for all citizens, and a belief that he can help to improve the quality of life in the Roanoke community. He advised that Mr. Jeffrey has a concern about the relationship between teachers and parents; and he believss that he can help to bring them together end in so doing, the City would have a better school system. He called attention to probisma in the schools such as drugs, weapons, violence, etc., and advised that Mr. Jeffrey could help to solve many of these problems. He noted that Mr. Jeffrey is well versed on what is going on in the community because of hie position with Total Action Against Poverty which brings him into contact with people of all clsssss; and because of his background and community Involvement, he would be an excellent choice for the School Board. Ms. Kay R. Hale, 2505 Avenel Avenue, S. W., appeared before Council in support of the application of Martin D. Jeffrey. She advised that she has known Mr. Jeffrey for approximately five years, and during that time, he has expressed an interest in becoming involved with improving the livss of youth in the City of Roanoks. She stated that he has tutored youth at the West End Center, that he is interested in the education and future of young people, and he is in touch with the needs and concerns of citizens and would represent the City in a fair and responsible way. She requested that Council appoint Mr. Jeffrey to the Roanoke City School Board. The Reverend Carl T. Tinsley, 2647 Spring Hill Drive, N. W., appeared before Council in support of the application of Martin D. Jeffrey. He advised that he has worked with Mr. Jeffrey for a number of years, and he will bring to the School Board the ability to reach out and touch certain areas of the community that ars in need of attention in his capacity as community director with Total Action Against Poverty. He stated that it saddens him when young people are lost from the school system as a result of involvemnt with drugs or weapons, and Mr. Jeffrey will work closely with the School Board to devise a program that will educate all children and provide all children with an equal opportunity. He added that Mr. Jeffrey will bring a fresh perspective to the School Board from the standpoint of parent and community leader, and urged that Council seriously consider hie appointment to the Roanoke City School Board. The Reverend Gregory Jackson, 2731 Mallard Drive, appeared before Council in support of the application of Martin D. Jeffrey. He advised that he has known Mr. Jeffrey for approximately three years through his involvement in neighborhood meetings, and he has found him to be an individual who is committed to helping people and to improving the City. He added that Mr. Jeffrey has the desire to help the 6 citizens of Roanoke; and if elected to the School Board, he will offer a spirit of community involvement and betterment for ell citizens. He urged that Council appoint Mr. Jeffrey to the Roanoke City School Board. The Reverend Nicholas G. Bacalis, 2637 Northview Drive, S. W., appeared before Council in support of the application of The Reverend C. Nelson Harris. He advised that he is pleased with the direction of the school system today and is confident that Reverend Harris has played a key role in helping to overcome some of the problems. He stated that he has known Reverend Harris professionally for a number of years, having worked with him on the Executive Board of the Roanoke Valley Ministers Conference where they have faced certain delicate issues and Reverend Harris has served aa President and acted decisively end firmly, but in a kind and gentlemanly manner. He fu,~;,er stated that Reverend Harris does his homework, and he keeps those around him informed; that he is not afraid to delegate responsibilities, end when a final decision is reached, he helps to bring about a consensus for any action that needs to be taken; and having seen Reverend Harris in action personally has given him confidence in his abilities and experience. He advised that Roanoke is fortunate to have three excellent candidates for School Board positions; however, Reverend Harris has served on the School Board for three years and both his experience and hie leadership will provide continuity for future progress end development in the school system. He encouraged Council to reappoint Reverend Harris for another three year term. Mr. H. Clark Curtis, t309 Guilford Road, N. W., appeared before Council in support of the application of Melinda J. Payns. He advised that Ms. Payne has contributed a great deal to the quality of life in the City of Roanoke as a member of the City Manager's Task Force on Human Relations and through her work with the United Way of Roanoke Valley; that her degree from Hollins College has given her a good background in education; and her work with the news media has given her experience on budget matters. He stated that as the parent of · student at Highland Park Learning Center Magnet School, she has insight on school related programs and the innovation of technology available throughout the entire school system in order to prepare students for the next century. He advised that if appointed to the School Board, Ms. Payne will be able to adapt to the many changes and innovations in technology, personnel, end the need for teachers and 7 ACTION: administrators who ere knowlegable in presenting new ideas and methods; and she will be fair minded using her expertiss to see that all students, regardless of race, financial circumstances or intellectual ability, ars offered programs that will meet their needs in order to become literate adults. The Reverend E. T. Burton, 6040 Flora Lane, N. W., appeared before Council in support of the application of Martin D. Jeffrey. He advised that he has known Mr. Jeffrey for a number of years and has watched him mature into · fine young man. He stated that he respects Mr. Jeffrey for the kinds of contributions that he has made to the community at large and endorsed his candidacy as a member of the Roanoke City School Board. The Reverend Ottawa R. Pullin, 1530 Grsyson Avenue, N. W., appeared before Council in support of the application of Melinda J. Payne. He advised that he serves as Pastor of Blue Ridge Baptist Church where Ms. Payne is a member, and he has known her for many years in her capacity as a diligent church worker, always showing concern about educ~.~ion for young people. He stated that Ms. Payne would be an ideal choice for end an asset to the School Board because of her experience; and requested that Council give her candidacy serious consideration. Inasmuch as no other persons wished to speak, the Mayor advised that without objection by Council, all comments would be received and filed. The Mayor advised that all matters listed under the Consent Agenda wars 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 con~idersd separately. MINUTES: Minutes of the City Council's Planning Work~hop held on January 5 - 7, 1995; the regular meeting of City Council held on January 9, 1995; a joint meeting of Roanoke City Council and the 8 ACTION: ACTION: Roanoke Co.u. nty Board of Supervisors held on January 9, 1995; and the i1 regular meeting of Council held on January 23, 1995, were before the body. (For full text, see minutes on file in the City Clerk's Office.) Mrs. Bowles moved that the reading of the minutes be dispensed with and that the minutes be approved as recorded. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Parrott, White, Bowles, Edwards and Mayor Bowers 5. NAYS: None .... O. (Council Members McCadden and Wyatt were absent.) COUNCIL-SISTER CITIES: A communication from Mayor David A. Bowers transmitting correspondence from the Mayor of the City of Florian6polis, Santa Caterina, Brazil, extending an invitation for a delegation from the City of Roanoke to visit FIoHan6polis on August 8 - 18, 1995, 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. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Parrott, White, Bowies, Edwards and Mayor Bowers ,,, 5. NAYS: None ..... (Council Members McCadden and Wyatt were absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE CiViC CENTER: A report of qualification of Roy E. Bucher, Jr., aa 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.) ACTION: ACTION: Mrs. Bowies moved that the report of qualification be received and filed. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Parrott, White, Bowles, Edwards and Mayor Bowers 5. NAYS: None 0. (Council Members McCadden and Wyatt warn absent.) OATHS OF OFFICE-COMMII'rEES-ZONING: A report of qualification of Douglas C. Waters as a member of the Board of Zoning Appeals, for a term ending December 31, 1997, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowies moved that the report of qualification be received and filed. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Parrott, White, Bowies, Edwards and Mayor Bowers 5. NAYS: None 0. (Council Members McCadden and Wyatt wars absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: BUDGET-WEST END CENTER-CIT~7;NS SERVICES COMMITTEE: Karen W. Ramsey, Past President, West End Center, appeared before Council and expressed appreciation for the past support of the City through the Citizens Services Committee of $5,0(J0.00 in fiscal year 1994-95. She advised that the West End Center provides a service for the City by euppoCdng the City's long-range strategy for education, the goal of which is to help children stay in school in order to prepare them for the workforce and to become successful adults. She stated that in the past two years, the West End Center has worked with ten children who were of the age to graduate from high school, and all tan graduated and went on to college, to the military or to a technical school. She added that zero per cant of the girls who were counselled at the West End Cen. ter have become pregnant; that the West End Center provides tutonng which improves the student's average by one letter grade; and the Center pe,b~ers with the schools to help the child receive the kind of attention he or she needs. On behalf of the West End Center, Ms. Rameey requested an additional $50,000.00 from the City, advising that originally the request wes submitted through the General Fund, however, it now appears that there will be additional money allocated to the Citizens Services Committee and it is hoped that the request of the West End Center will be included in that category. She requested that Council consider the request of human service agencies and cultural groups in different categories so that there will be different pools of money from which to draw. ACTION: Without objection by Council, the Mayor advised that the remarks of Ms. Ramsey would be referred to 1995-96 budget study for consideration by Council. OTHER HEARINGS OF CITIZENS: None. BUDG..ET-GRANTS-CMERP-SC..HOOLS-EQUlPMENT: . A communication from the Roanoke C,ty Scho.o.I Boa. rd requesting $163,478.00 in proceeds from the 1994-95 Cap,tal Mmntenanca and Equipment Replacement Fund to purchase furniture and equipment for Wasena Elementary School and to purchase language learning laboratory equipment for Patrick Henry High School; and further requesting appropriation of funds to the following school grants, wes before Council. Grant No. 6932 - $25,000.00 for the Southern Regional Education Program to provide leadership training to members of the City Schools' top management team in order to assist the district in accomplishing it~ long-term educational goals. The Program is a new grant and the monies have been received. ll Food Sewice $125,000.00 in an additional appropriation of cafeteria revenues to the Schools' General Fund ia required to recognize the higher level of parlicipation in the student lunch program and the reeulting higher level of expansee for food purchases. A report of the Director of Finance recommending that Council concur in the requests of the School Board, was also before the body. (For full text, see communication and report on file in the City Clerk's Off~ce.) Mr. White offered the following emergency budget ordinance: (~32434-042495) 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 155.) ACTION: Mr. White moved the adoption of Ordinance No. 324344)42495. The motion was seconded by Mr. Edwarda and adopted by the following vote: AYES: Council Members Parrott, White, Bowies, Edwards and Mayor Bowers 5. NAYS: None. 0. (Council Members McCadden and Wyatt were absent.) BUDGET-REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY: A report of Kit B. Kieer, Roanoke City's Representative to the Roanoke Valley Resource Authority, recommending approval by Council of the proposed fiscal year 1995-96 annual budget of the Resource Authority, in the amount of $10,394,950.00, was before the body. (For full text, see report on file in the City Clerk's Office.) 12 ACTION: Mm. Bowies offered the following resolution: (#32435-042495) A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for fiscal year t995-1996, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 57, page 157.) Mrs. Bowles moved the adoption of Resolution No. 32435-042495. The motion was seconded by Mr. Panott and adopted by the following vote: AYES: Council Members Parrott, White, Bowles, Edwards and Mayor Bowers ..... 5. NAYS: None 0. (Council Members McCadden and Wyatt were absent.) REPORTS OF OFFICERS: CITY MANAGER: FIRE DEPARTMENT-CHURCHES-LANDMARKS/HIST. PRESERVATION: The Mayor advised that a tragic fire occurred in the City of Roanoke on Saturday, April 22, 1995, in which the former First Baptist Church, 411 North Jefferson Street, was severely damaged; whereupon, G. eorge C. Snssd, Jr.,. Director of Public Safety, appeared before Counc,I and presented a briefing on the status of the structure. Mr. Snead advised that the firs started in the church sanctuary, that the roof over the bell towe.r was completely burned, and the interior second floor and conn.ection for the side walls was severely damaged, which left four exterior walls and the bell tower. He sta.ted that on Sunday moming, April 23, .he, a!ong with staff of the Build,ng Commissioner's Office and. the Eng,.neenng Depa..rt..m...ent, evaluated the structure to determin.e pubhc safety ,ssuee and bu,ld,ng safety stability, at which time the dec,sion ..w..ae ma. de to call on the services of. a private structural engineer for additional ,nf. ormation and anothe, r opinion. He further stated that the structural eng,neer discovered eenoue structural problems in two of the three side walls and there appeared to be a structural crack in the main front facade of the bell tower. He noted that the premises were secured through police and fire restricting tape and a police officer was assigned to the area to keep the public away from the scene. He stated that the City is working with First Baptist Church, and the Board of Trustoss has requested an additional opinion on the status of the structure. He advised of a meeting on this date with public safety and public works staff to discuss the situation and to develop an appropriate plan to be suppordve of the building owner, public safety issues, and other key issues involving the neighborhood and the historic value of the property. He noted that Dr. John R. Kern, Director, Roanoke Regional Preservation Office, has offered the services of s structural engineer with considerable experience in this type of building damage. He stated that the City will continue to work with First Baptist Church to maintain police presence to insure public safety, while keeping in perspective the value of the building to the neighborhood and to the church. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared before Council and expressed appreciation to all City employees who were instrumental in extinguishing the fire. She advised that the overall significance of the First Baptist Church structure to the Gainsboro community, to the City of Roanoke and to the Roanoke Valley at-large may not be fully realized at this point. She stated that the old First Baptist Church ia listed on both the Virginia and the National Historic Landmarks Registers, and advised that the Gainsboro community is pleased to learn that City officials are rethinking the decision to raze the building by Tuesday, April 25, and implored the City to take the time necessary to provide for an extensive study to determine the cause of the firs and to identify the perpetrators and to bring them to justice which is essential in order to assure Gainsboro residents that they are ssfa and secure in their neighborhood. In addition, she requested that the City take the time to seek additional opinions to determine if the building can be restored, which act Gainsboro residents would view aa a commitment to the community to rebuild not only an historic emblem of past accomplishments, but such action would serve to boost future aspirations. Vica-Mayor Edwards suggested that the City Attorney be requested to prepare a measure to be addressed to the congregation of First Baptist Church and to the Gainsboro community at-large expressing Council's concem over damage to the former First Baptist 14 Church building; whereupon, the Mayor requss~d that the City Attorney prepa..m the proper measure for consideration by Council at ] its regular meeting on Monday, May 8, 1995. At 4:15 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 Members McCadden and Wyatt. BUDGET: .The City Manager advised that the proposed 1995-96 fiscal year budget ,a healthy and.reflects the regional economy of Roanoke which is performing relatively well. He further advised that the recommended budg.et is $109,041,21.0..00, with ~e ac. hool budget at $77,657,876.00, of wh,c.h Roanoke City Councd ~nll a.ppropriate $37,483,037.0.0. He po,ntsd, out that the budge? .has ,ncreased, percentsgew?e, due to specific programs and the,r ,mpact; that the ech. ool.s race,veal a 5.99 per cent increase in General Fund new revenue which ,s appr..oximately one per cent more than the state w.a.s able to provide, and ~t ia not unusual for local government to sometimes find itself in that position in the second year of the biennium. He stated that highway maintenance funding is up approximately $800,000.00, the new jail annex ia scheduled to open in late calendar year 1995, with $1.6 million dedicated to that purpose; and the City's increased landfill contribution is up $215,000.00. He advised that 1995-96 budget goals are as follows: (t) to protect the City's financial =tsbility, (2) to provide a fair pay increase for City employees and school teachers, (3) to fund the third year of the landfill dumping fee increase, (4) to fully fund the school budget and (5) to limit financial burdens on citizens and not reduce services unless citizens advise that those services are no longer valuable. He n.o~d that an additional $100,000.00 is recommended for appropriation to the Citizens Services Committee, and tax relief for the elderly and disabled is also incorporated in the proposed budget which will bring Roanoke City one step closer to being competitive with its sister jurisdictions. The Director of Finance reviewed page 8 of the Resource Allocation Plan, Budget Summary, in which the General Fund Revenues of the City are broken down into three broad categories: Local Taxes, Intergovernmental Revenue and Charges for Current Services. 15 At thie point, 5:00 p.m., Council Member INyatt entered the meeting. Council approved the following 1995-96 budget study dates: May 1, 1995 7:00 p.m. Roanoke Civic Center Exhibit Hall Public hearing on budget and tax rates May 2, 1995 9:00 a.m. - 12:00 noon Council/School Board joint budget study session 1:00 - 4:00 p.m. Continuation of Council's budget study session May 3, 1995 9:00 a.m. - 12:00 noon 1:00 - 4:00 p.m. Continuation of Council's budget study session, if necessary May 4, 1995 9:00 a.m. - 12:00 noon 1:00 - 4:00 p.m. Continuation of Council's budget study session, if necessary May 5, 1995 9:00 a.m. - 12:00 noon 1:00 - 4:00 p.m. Continuation of Council's budget study session, if necessary All budget study sessions will be held in the Social Services Conference Room, Room 306, Municipal North. ACTION: Mr. White moved that the proposed fiscal year 1995-96 budget be referred to budget study for discussion by Council. The motion was seconded by Mr. Parrott and adopted. ITEMS RECOMMENDED FOR ACTION: BUDGET-CITY SHERIFF-CITY JAIL: The City Manager submitted a written report advising that provision of health care services for inmates of the Roanoke City Jail must be ensured by the Sheriff, in accordance with Section 53.1-68 of the Code of Virginia (1950), as amended, and pursuant to Minimum Standards For Local J..ails and Lockups; that the Sheriff may be held liable for a Federal civil rights 16 violation as a result of deliberate indifference to the health care needs of inmates; that the current method of health care service provision is 'in-houee", with a seven bed medical unit staffed by employees of the Sheriff's Department/City Jail; that the seven bed medical unit is not classified as an infirmary because a registered nurse is not on staff; and ancillary health care services ars also provided and funded from the City Jail budget. It was further advised that estimated fiscal year 1995-96 costa for continued provision of health care services in-houes is $521,449.00; and the Sheriff's Department receives reimbursement from the Commonwealth of Virginia for personnel costa in the amount of $12,464.00 for each of the six paramedics on staff, $8.00 per diem allowance for each inmate for general jail expenses and an additional $6.00 per diem allowance for State responsible inmates 60 days after final sentencing. Itwss explained that privatization of health cars services is being considered as the result of recruitment and retention problems associated with heelth care staff working in a corrections facility environment, the rising cost of off-~ita services especially hospital care as the result of the seven bed medical unit n. ot being classified as an infirmary, and liability exposure associated vath the provision of health care services; that revised National Commission on Correctional Health Care (NCCHC) accreditation standards require implementation of quality improvements for continued accreditation; and in lawsuits, certain Federal court~ use NCCHC accreditation as a measure to determine if adequate health care is being provided, which revised NCCHC standards at a minimum will rsquira the following improvements at the City Jail: provision of a dental screening within 30 days of intake and a dental examination within 90 days of intake (dental services are currently provided only in emergency cases when the health of the inmate is in jeopardy); availability of a mental health professional to address the mental health needs of inmates; and implementation of a quality improvement program and a methodology for assessing the quality of health care service delivery. ! 17 ACTION: It wes noted that a study group was established to examine the cost of feasibility of privatizing the provision of health cars services at the City Jail, as well as the feasibility of enhancing the in-house delivery of health care services; that a request for proposals was mailed on January 9, 1995, to private providers of correctional health cars, and a public advertisement was published in the Roanoke Tim~ ~ and the Roanoke Tribune; that formal proposals were received in the Office of General Services on February 15, 1995, from five correctional health care providers; that following review by an evaluation committee, Correctional Medical Sewices, Inc. (CMS), was ranked first in accordance with requirements of the Procurement Cede; and a contract between the Sheriff and Correctional Medical Services, Inc., for provision of health care services at the City Jail needs to be executed by May 1, 1995, to enable CMS to begin the required transition and stsrt-up activities so that service delivery may commence on July 1, 1995. The City Manager recommended that Council endorse the Sheriff's decision to privatize the delivery of health care services at the City Jail and to provide funding in the fiscal year t995-96 General Fund Supplemental Budget. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Parrott and adopted, Council Member Wyatt voted no. DRUGS/SUBSTANCE ABUSE-COMMONWEALTH'S ATTORNEY- GRANTS-YOUTH-J & D RELATIONS DISTRICT COURT: The City Manager submitted a written report advising that the 23-A Judicial District Court Service Unit was funded for the Juvenile Drug Dealers' intervention Program through a grant from the Stats Deparb,,ent of Youth and Family Services; that funding from the State Department of Youth and Family Services for the program was discontinued by the State Department of Criminal Justice Services on June 30, 1994; that the City of Roanoke submitted an application and received funding from the Anti-Drug Abuse Act of 1988 for a Juvenile Drug Dealers' Intervention Program from the State Depa, b,ent of Criminal Justice Services; and $38,625.00 was awarded for the peried beginning July t, 1994 and ending June 30, t995 to continue the program. 18 ACTION: It was further advised that the Juvenile Drug Dealers' Intervention Program is currently meeting the needs of a special population of individuals convicted of trafficking drugs; that the Program provides intensive supervision, treatment and surveillance for juvenile drug dealers and their families, and the program is designed to serve up to ten juveniles; and the Department of Criminal Justice Services has notified the City of Federal funds which are available on a competitive basis for continuation of the program. ,! The City Manager recommended that he, or his designee, be authorized to submit an application to the Depe,b,ent of Criminal Justice Services for s grant to continue the 23rd Judicial District Juvenile Drug Dealers' Program. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following resolution: (~/32436-042495) A RESOLUTION authorizing the application to the Virginia Department of Criminal Justice Services on behalf of the City, for the continuation of the 23rd Judicial District Juvenile Drug Dealers' Intervention Program Grant, and authorizing execution of any and all necessary documents pertaining to such application. (For full text of Resolution, see Resolution Book No. 57, page t58.) Mr. Edwards moved the adoption of Resolution No. 32436- 042495. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Par~ott, White, Wyatt, Bowles, Edwards and Mayor Bowers 6. NAYS: None 0. (Council Member McCadden was abeenL) SEWERS AND STORM DRAINS-PUBLIC WORKS4~ONSULTANTS REPORTS-WATER RESOURCES: The City Manager submitted a written report advising that on October 10, 1994, Council approved the employment of Malcolm Pimie, Consulting Engineers, Newport News, Virginia, to conduct engineering services in connection with renovation and expansion of the Water Pollution Control Plant, with Mattem & Craig, Inc., as their associates, and notice to proceed wes issued for January 2, t995; that on March 2, 1995, Malcolm Pimie, Mattem & Craig, Inc., and City peraonnel met with the Department of Environmental Quality, at which time the concept wes presented that in tho expansion of the Watsr Pollution Control Plant, the concentrations of various pollutants allowed to be discharged at the plant remain the same and that credit be given at the plant for reducing pounds of pollutants discharged during sewer system overflows, which reduction would be accomplished by trunk line construcUon on Tinker Creek and Roanoke River ~;hich will eliminate some or all of the overflow; that the Commonwealth of Virginia Deparb,,ent of Health was also presented with the same c.o. ncept and agreed with the Department of Environmental Quahty, however, each department requested that the City quantify and qualify the amount of sewer system overflow following extended periods of rainfall; that Mattam & Craig, Inc., was employed by the City for the Roanoke Sewerahed Implementation Plan overflow measuring for the sum of $200,000.00; and measurement of the overflow and establishment of the amount of solids should be an addition to the contract, which original contract amount is $200,000.00. It wes further advised that Mattsm & Craig, Inc., is under contract with the City for the Roanoke Sewerehed Implementation Plan (inflow and infiltration), which contract needs to be extended to provide for the following: The City of Roanoke will locate four manholes that have known overflows during extended periods of rain (manholes will have to be located in areas other than streets). Mattsm & Craig, Inc., will fabricate containment structurss on top of the manholes that will capture the overflow and direct it through metsre that will measure total overflow, and the City will provide the meters to Matforn & Craig, Inc., for installation and monitoring. Mattsrn & Craig, Inc., will provide automatic samplers for each manhole, which samples will be collected weekly, or after extended rainfall, as often as necessary; that samples will be delivered to the laboratory at the Water Pollution Control Plant for analysis of the amount of solids 20 ACTION: present in the composite samples; that period of quantity measurement and solids samplings will. be three months; and meters are to be maintained in working condition at all ] times during this period. Cost of monitoring for three months is $29,180.00, aa more fully set forth in the report. The City Manager recommended that Council concur in the following actions: Authorize issuance by the City Manager of Amendment No. t to the Roanoke Sewershed Implementation Plan overflow measuring contract with Mattam & Craig, Inc., in the amount of $29,180.00 and 90 consecutive calendar days to complete the work, for a total contract amount of $229,180.00. Transfer $10,884.00 from Sewage Fund, Account No. 003- 056-8465-9001, to a new Sewage Fund account to be established, and appropriate $t8,296.00 to the same account from funds to be provided by other jurisdictions, and establish accounts receivable in the same amount. For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~32437-042495) 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 158.) Mr. Parrott moved the adoption of Ordinance No. 32437-042495. The motion was seconded by Ms. Wyatt and adopted by the following vote: 21 ACTION: AYES: Council Members Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowere ........ C. NAYS: None (Council Member McCadden was absent.) Mr. Parrott offered the following resolution: (ft32438-042495) A RESOLUTION authorizing execution of an amendment to the City's contract with Mattern & Craig, Inc., for additional engineering services to be performed in connection with the Roanoke Sewerehed Implementation Plan. (For full text of Resolution, see Resolution Book No. 57, page 160.) Mr. Parrott moved the adoption of Resolution No. 32438-042495. 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: None. 0. (Council Member McCadden was absenL) BUDGET-ROANOKE CIVIC CENTER: The City Manager submitted a written report advising that the original fiscal year 1995 Civic Center budget appropriation was $2,608,901.00, including operations, promotions, depreciation and capital outlay; that budget adjustments through March 1995 total $20,000.00, with the current Civic Center budget as of March 1995 totalling $2,628,901.00; that total expenses for fiscal year 1995 are estimated to be $2,809,901.00, an increase of $181,000.00 over the current budget; that primary reasons for over budget expenditures are an increase in the number of events, as well as a direct increase in expenses attributed to those events, facility usage was higher than anticipated, and in addition, a major portion of expenses is related to maintenance of the refrigeration system and other ice making equipment; and current budget synopsis is as follows: 22 Current Civic Center Expenaes Budget $2,528,901.00 Estimated Expenditures for FY 1995 ~ Additional Funding Required ~ 181.000.00 · Estimated Collections for FY 1995 Current Revenue Estimate Revenue in Excess of Estimated Less: Additional Funding Required Remaining Unappropriated Contingencies for FY 1995 $2,163,295.00 1.966.596.00 $ 196,699.00 t81.000.00 $ t5.699.00 It wa,,, further advised that appropriation of funds from revenues is requested to cover the coat of additional operational expenses as outlined above; and the funding source is available from Civic Center revenues due to an increase in the total number of events, with substantial increases in concessions, admissions taxes and parking fees collected. The City Manager recommended that Council authorize appropriation of $t81,000.00 to cover the cost of certain operating expenses, and adjust revenue estimates as followa: Increase Interest on I~veatrnente by $t7,400.00 1 (Account No. 005-020 t234-0913) Increase Miscellaneous by $3,500.00 (Account No. 005-020-1234-0917) Decrease Coliseum Rental by $9,500.00 (A~count No. 005-020-12344)936) Increase Auditorium Rental by $22,800.00 (Account No. 005-020-1234-0937) Increase Exhibit Hall Rental by $7,300.00 (Account No. 005-020-1234-0938) Increase Parking Fees by $53,000.00 (Account No. 005-020-1234-0939) Increase Admission Taxes by $48,000.00 (Account No. 005-020-1234-0941) Increase Advance Ticket Sales by $5,000.00 (Account No. 005-020-1234-0942) Increase Cashiers by $4,200.00 (Account No. 005-020-12344)944) Decrease Security Guards by $11,400.00 (Account No. 006-020-12344)945) Increase Ushers and Ticket Takers by $12,000.00 (Account No. 005-020-1234-0947) Decrease Equipment Rental by $7,600.00 (Account No. 005-020-12340940) Increase Concessions by $59,000.00 (Account No. 005-020-12344)950) Decrease Novelty Fees by $25,500.00 (Account No. 005-020-1234-1070) Increase Ice Rental by $t7,899.00 (Account No. 005-020-1234-1140) The City Manager furlher recommended that Council appropriate funds to cover the cost of operating expenses as follows: Appropriate $28,000.00 to Overtime Wages (Account No. 005-056-2106-t003) Appropriate $100,000.00 to Fees for Professional Services (Account No. 005-056-2105-2010) Appropriate $53,000.00 to Temporary Employee Wages (Account No. 005-056-2106-1004) For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Parrott offered the following emergency budget ordinance: (#32439-042495) 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. 57, page 160.) Mr. Parrott moved the adoption of Ordinance No. 32439-042495. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers 6. NAYS: None (Council Member McCadden was absent.) BUDGET-PUBLIC WORKS-UTILITY LINE SERVICES-JUVENILE CORRECTIONAL FACILITIES-CONSULTANTS REPORTS-WATER RESOURCES: The City Manager submitted a written report advising that the City owns and operates a nursing home and two juvenile homes located in Botatourt County; that drinking water service to these facilities has been provided by a spring; that the Virginia Department of Health has determined that the spring may be influenced by surface water, and potential contamination requires that the City evaluate water trea~,,ent or alternative drinking water sources for the existing facilities. It was further advised that advertisement for qualified engineering consultants was placed in the January 29, 1996 edition of the Roanoke Times & World New~ and the January 26, 1995 edition of the ~ and three consultants ware invited for interviews by the selection comm. ittae; and following presentations and interviews, Mattorn & Craig, Inc., was selected as the most qualified consultant to prepare plans and specifications to support construction of a public water main to the Coyner Springs facility, in the amount of $23,100.00. The City Manager recommended that Council appropriate $26,000.00 from Utility Line Services Fund, Prior Year Retained Earnings, to a capital account to be entitled, "Coyner Springs Water Main". ACTION: Contract Amount Contingency for Advertisement and Miscellaneous Expenses Total $23,100.00 (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (~32440-042495) 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 162.) Mrs. Bowies moved the adoption of Ordinance No. 32440-042495. 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: None 0. (Council Member McCadden was absent.) BUILDINGS/BUILDING DEPARTMENT-GENERAL SERVICES- BUDGET-FIRE DEPARTMENT-PUBLIC WORKS-CMERP-DISABLED PERSONS-FLEET MAINTENANCE FUND-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 identified are needed to provide for continued efficient and effective performance of assigned responsibilities and duties; that Attachment A to the report lists those items which are anticipated to cost less than $75,000.00 per single item; that the City Manager's approval is required for purchase of items costing less than $75,000.00 per single item; that 26 ACTION: all items listed on Attachment A will be procured in accordance with the Procurement Code; and appropriation of funds by Council is necessary to provide for the purchase of said iteme. The City Manager recommended that Council appropriate $194,526.00, as follows: $169,628.00 from Fleet Management Prior Year Retained Earnings to Fleet Management, Account No. 017-052-2942- 9010, to provide for the purchase of identified vehicular equipment. $24,898.00 from the General Fund Capital Maintenance and. Equipment Replacement Program to Buildin;~ Mamtonance, Account No. 001-052-4330-3056, to provid~ for purchase of the remaining items identified on Attachment A to the City Manager's report. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~32441.042495) AN ORDINANCE to amend end reordain certain sections of the 1994-95 General and Fleet Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 163.) Mr. Parrott moved the adoption of Ordinance No. 32441-042495. The motion was seconded by Mr. White and adopted by the following vote: and Mayor Bowers NAYS: None (Council Member McCadden was abeenL) AYES: Council Members Parrott, White, Wyatt, Bowies, Edwards 27 ACTION: DIRECTOR OF FINANCE: CITY CODE-TAXES-COMMISSIONER OF THE REVENUE: The Director of Finance having previously submitted a written report with regard to property tax for motor vehicles, recommending that Council adopt a measure establishing dates for filing with the Commissioner of the Revenue and payment to the City Treasurer, the Director of Finance requested that the item be withdrawn from the agenda. BUDGET-DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of March 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. REPORTS OF COMMITTEES: CITY NURSING HOME-INSURANCE-CITY PROPERTY-LEASES- WATER RESOURCES: Council Member Elizabeth T. Bowles, Cbeirpereon of the Water Resources Committee, presented · written report on behalf of the Committee, with regard to the lease of 7.4t acres of City-owned land at Coyner Springs to Richard B. and Ned B. Jeter. A staff report advised that property located northwest of the City Nursing Home at Coyner Springs has been leased for agricultural purposes to several individuals since the early t970's, and the City has reduced the size of the leased tract of land on three occasions; that farming of the land serves the primary purpose of keeping the area cleared and eliminating the need for City forces to keep the area cleared and mowed; and the current lease for approximately 7.4t acres will expire on April 19, 1995. It was explained that Richard B. and Ned B. Jetar, lessees of the tract of land since April 20, 1982, have requested that they be granted another three year lease, with provision for extension of the lease for an additional two years beyond that term; and the lessee will be required to maintain fencing as necessary and assume all liability for damage to and by their actions or actions of their livestock, machinery, equipment, employees and guests. 28 ACTION: The Water Resources Committee recommended that Council authorize execution of a lease, in a form to be approved by the City I Attorney, with Richard B. and Ned B. Jeter, for 7.41 acres of land at Coyner Springs, at a lease fee of $10.00 per acre per year, for a three year term, with provision for extension of the lease for two additional years, upon mutual agreement between the parties at the time. (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: (#32442) AN ORDINANCE authorizing the lease of certain City- owned property to Richard B. Jeter and Ned B. Jeter, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 57, page 168.) The motion was seconded by Mr. White 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 absent.) CHURCH AVENUE PARKING GARAGE-PUBLIC WORKS- EQUIPMENT: 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 modernization of elevators in the Municipal Parking Garage, 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 Montgomery KONE, Inc., in the amount of $233,388.00 and 264 consecutive calendar days to modernize and upgrade the three elevators in the Municipal Parking Garage, in accordance with contract documents, and 29 approve funding for a purchase order to Hardy Plumbing & Heatin.g .Corp., .to .provide packaged heating and air- conditioning unite, ,n the amount of $5,800.00. Authorize the Director of Finance to transfer $108,105.00 from the Capitel Maintenance and Equipment Replacement Program and $9t,208.00 from Materials Control Retained Earnings to a new Transportation Fund account established for said work, and appropriate $61,895.00 from Transportation Fund Retained Earnings to the same account, with the following breakdown to provide for a contract contingency of approximately three per cent, $250.00 in advertising expenses already incurred and for services provided by the Office of City Engineer: Contract Amount (elevator) Purchase Order (HVAC) Contingency Advertising City Enginesra' Services Total $233,388.00 5,800.00 7,000.00 250.00 14.770.00 $261,208.00 I 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: (~32443-042495) AN ORDINANCE to amend and reordain certain sections of the 1994-95 General, Materials Control and Transportation Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 165.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 32443-042495. The motion was seconded by Mr. White and adopted by the following vote: 3O ACTION: AYES: Council Membem Perrott, White, Wyatt, Bowies, Edwards and Mayor Bowers 6. NAYS: None. Ge (Council Member McCadden wes absent.) Mr. Parrott offered the following emergency ordinance: (~32~.~.; ~42495) AN ORDINANCE accepting the bid of Montgomery KONE Inc., to modemize and upgrade the three elevators in the Municipal Parking Garage, upon certain terms and conditions, end 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; end providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 167.) Mr. Parrott moved the adoption of Ordinance No. 32~.~.~.-042495. The motion wes seconded by Mr. White and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers ~;. NAYS: None. (Council Member McCadden was ebeenL) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 32431 rezoning two tracts of land located on Tuckawana Circle, S. W., described as Lots 1 and 2, Block 20, Map of Arrow Wood Subdivision, Official Tax Nos. 6472001 and 6472002, from RM-2, Residential Multi-family, Medium Density District, to LM, Light Manufacturing District, subject to certain proffers contained in the Second Amended Petition filed in the City Clerk's Office on March 6, 1995, having previously been before the Council for 31 its first reading on Monday, April 10, 1995, 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: (#324314)42495) AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (t979), as 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. 57, page 152.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 324314)42495. The motion was seconded by Mrs. Bowies and adopted by the following voto: AYES: Council Members Parrott, Whito, Wyatt, Bowies, Edwards and Mayor Bowers 6. NAYS: None... 0. (Council Member McCadden was absent.) STREETS AND ALLEYS: Ordinance No. 32433 vacating, discontinuing and closing the remaining section of a cul-de-sac at the end of Wynne Road, which adjoins Electric Road, S. W., having previously been before the Council for its first reading on Monday, April 10, 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: (~324334)42495) AN ORDINANCE permanentiy vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, aa are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 57, page 153.) ACTION: Mrs. Bowies moved the adoption of Ordinance No. 32433-042495. The motion was seconded by Mr, White and adopted by the following vo~: 32 AYES: Council Members Parrott, White, Wyatt, Bowles, Edwarde and Mayor Bowers 6. NAYS: None ....... (Council Member McCadden was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIl.: ACTION: BUDGET-HUMAN DEVELOPMENT-CITIZENS SERVICES COMMITTEE: Mr. White moved that the City Manager be requested to report to Council during fiscal year t995-96 budget study with recommendations in regard to future funding guidelines for cultural and human service agencies. The motion was seconded by Mr. Parrott and adopted. COUNCIL-MISCELLANEOUS: Vice-Mayor Edwards referred to recent events in Ok!a.h. oma City involving the bombing of the Alfred P. Murrah Federal Build,rig and commended the Mayor for observino a moment of silent prayer at the beginning of the ~ouncil mesting'in memory of those persons who lost their lives in this ~agic incident. He advised that the country has rallied around this tragic situation and formed a sense of community in mourning the event and in supporting the citizens of Oklahoma, and noted that the occurrence was not just a criminal act but an act of war against the people of the United States of America. OTHER HEARINGS OF CITIZENS: None. There being no further business, the Mayor declared the meeting adjourned at 5:35 p.m. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 33 COUNCIL PUBLIC INTERVIEWS OF SCHOOL BOARD APPLICANTS April 27, 1996 6:00 p.m. The Council of the City of Roanoke held public interviews with three candidates for the position of School Board Trustee on Thursday, April 27, 1995, at 6:00 p.m., in the City Council Chamber, fourth floor of the Municipal Building, 216 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowies, John S. Edwards, Delvis O. McCadden, John H. Parrott, William White, Sr., Linda F. Wyatt (arrived at 6:10 p.m.) and Mayor David A. Bowers.. 7. ABSENT: None Ow OFFICERS PRESENT: Mary F. Parker, City Clerk. SCHOOL BOARD APPLICANTS PRESENT: C. Nelson Harris, Melinda J. Payne and Martin D. Jeffrey. 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 Miss Jamie Payne, daughter of School Board applicant, Melinda J. Payne. The Mayor advised that on June 30, 1995, the three year terms of C. Nelson Harris and Clubert G. Poff as trustees of the Roanoke City School Board will expire; and the purpose of the meeting is to interview three candidates for the upcoming vacancies. The Mayor called attention to the following actions which were taken by Council, pursuant to provisions of Chapter 9, ~, Code of the City of Roanoke (1979), as amended: At regular meetings of the City Council held on January 9 and January 23, 1995, Council announced its intention to elect Trustees of the Roanoke City School Board for terms commencing July 1, t995. 34 Advertisements were placed in the R~noke Times & World News inviting a.pplications for the upcoming vacancies. Three applications were received in the City Clerk's Office prior to the 5:00 p.m., deadline on Friday, March 10, 1995. On March 27, 1995, at 3:00 p.m., Council, as s Committee of the Whole, reviewed and considered all applications. On March 27, 1995, at 6:00 p.m., Council held s reception with the candidates which was open to the public. At the regular meeting of City Council on Monday, April t0, 1995, at 3:00 p.m., Council voted to interview all three applicants. Those candidates who were to be accorded the public interview were notified by the City Clerk by letter dated April 13, 1995. A notice wes published in the Roanoke Times & World News on Thursday, April 13, 1995, at 3:00 p.m., to receive the views of citizens regarding School Board applicants, and further inviting the public to submit proposed questions to the candidates by filing such written questions in the City CI.e. rk's Office by 5:00 p.m., on Friday, April 20, 1996, 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; that Section 9-21, public Interview of Candidates. of the Code of the City of Roanoke (t979), as amended, provides, in part, that intewiewa of the candidates shall take place in an order deemed appropriate by City Council; whereupon, the Mayor advised that the City Clerk had scheduled the interviews in the following order: 6:00 p.m. 6:30 p.m. 7:00 p.m. C. Nelson Harris Melinda J. Payne Martin D. Jeffrey Mayor Bowers pointed out that eech 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 three interviews would be held and each interview would consist of approximately 30 minutes, and after each interview was completed, the candidates could leave the Council Chamber inasmuch as no action would be taken by Council on this date. 35 In conclusion, the Mayor advised that on Monday, May 8, 1995, at 2:00 p.m., or as soon thereafter aa 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 Demon to be interviewed was The Reverend C. Nelson H;rri;; Reverend Harris expressed appreciation to Council for giving him the opportunity to serve for three years aa a member of the Resnoke City School Board. He advised that Roanoke has an outstanding school system, that he is a graduate of the Roanoke City public schools, and his firet child will enter the system this year as a student at Grendin Court Elementary School. He commended Council on the calibre of colleagues he has been allowed to serve with, which is a School Board that is diverse and brings many different life experiences, backgrounds, opinions and perspectives to the table on school-related issues. He expressed appreciation for the solid working relationship that exists between Council and the School Board, which enables both groups to work cooperatively on behalf of the 12,500 children enrolled in the Roanoke City public schools, and a City and School administration that work cooperatively for the betterment of Roanoke's children. At this point, 6:10 p.m., Council Member Wyatt entered the meeting. Mrs. Bowies asked the followino oueetions: QUESTION: In your philosophy of education statement, you indicated that the purpose of public education is to provide a safe and conducive classroom experience. Do you have any new and innovative ideas to keep the classroom safe? ANSWER: Reverend Harris advised that last year, the School Board requested the school administration to review the student conduct code st the high school and middle school levels and the administration submitted recommendations to the School Board providing for a conduct policy that is tougher, clearer and enforceable which is a step in the right direction. He stated that the School Board has taken a very strong stand against weapons, drugs and violence in the schools, the most serious cases of which have gone before the School Board for expulsion, and the Board has upheld every recommended expulsion; that there were ten expulsions during the last school year, and two during this school year, with the anticipation of an additional two to four expulsions. In almost every case where a student was caught with a gun, he advised that it was not a teacher or an administrator that turned the student in, but a fellow student, therefor, peer pressure is coming to bear which indicates that students themselves are saying to their fellow 36 students that they will not tolerate thLs kind of behavior. In summary, he stated that them am. ~ug.h..polic. iss on .?e book~, dealing with classroom safety which ara being omo.rcs?, ~az mere ?. a .r..m~. ~raction in expulsions, and it appears that the system is mov,ng ,n me right direction. QUESTION: What is your opinion of elementary school counsellors? ANSWER: Reverend Harris advised that during the pest two to three years, the number of elementary school couneellora has doubled. He etet~l that Roanoke City has excccded the number of elemen~ry school guidance counsellors required by the Stats and he hopes to ass the frmt of those labors in the next few years. Mr. Edwards asked the followino ousstione- QUESTION: How effsclive is the DARE Program in Rosnoke'e school system? _ ANSWER: . Reverend Harris advised that the DARE Program has been enective not only ,n terms of the education that the D.ARE officer provides, b.ut the program has also served as a resource by plsc,ng a friendly police .presence ,n the schools to the extent that a..atudent can develop a healthy and positive relationship with a member .of the pohca force; therefore, the program has generated good community relations between the Police Depa,.I,,,ent and atudenta. He stated that the DARE Program has been particularly effective in the area of drug awareness. .. Q.UES. TION: W~_at other preventive type-messurss is the school system aaoress,ng ~n terms of crime in the schools and insuring that classrooms are safe? ANSWER: Re.verend Harris advised that the school administration ia address a conduc, t pol,cy for elementary school students .wh. ich is intended to mirror the effort at the h,g.h school and middle school levels.th.at ,s scheduled to go .before the School Board ~n the near future. He a. dded that thru m .pr. obebly the most v,sible and major effort to cover all grades with,n the school div,e,on. Mr. McCadden asked the followin_o ou~ons ed ..QUEST.,ION: What are the good and the bed points about programs for special uca.on ch,ldren, such as the Magnet School, Governor's School and Alternative Education? ANSWER: Revers.nd Harris advised that the Alternative Education Pro ram ~aeseb;;r:.S.t~e. an .g_th_e_n_ed .wh~ ,~c.h rep. r?ents a significant effort to upgrade the pro~gr~m. ~. ~..u ~u.~em mat Tunaa Tot magnet programs may be runnin out which is a ssnoue problem that the School Board ~,, ~--- -- --- . -- - g. -,,,, ,,~v= tu ;ace, ',nat magnet program 37 grants were intended for a number of years and once the grant is depleted, additional grant sources have not bc.c.n identified to maintain programs, thus, programs will either have to be altered or funding will have to be absorbed in the local budget. In the area of special education, he called attention to certain successes, however, some citizens believe that not enough has bccn done. He stated that the Chapter I Progrrsm has experienced a significant downsizing at the Federal level; for example, three years ago, the nursing program was completely funded by Chapter I funds, however, during his second year on the School Board, the Chapter I Program wes removed from student health support services and the school nurse posifions were funded as a pert of the local budget. He stated that the School Board was recently informed that student assistants who intervene and assist students with drug and alcohol problems, either personally or at home, will be scaled back at the Federal level from four to two positions. QUESTION: Do you favor merit raises for teachers? ANSWI~R: Reverend Harris responded in the negative. Mr. Parrott asked the followin_a ouestions; QUESTION: Why are you not in favor of merit rsisss for teachers? I the few school diwsions where they have been implemented by causing significant ANSWER: . Reverend Harris advised that merit raises have been a failure in problems not only within the administration, but in connection with morale of teaching staff, thereby creating problems for the School Board. He added that many times the criteria by which a merit raise is given is too subjective and inter-school politics set one tsacber against another or one classroom against another, and if the history of merit raise experiments is examined, the outcome would not prove to be favorable. QUESTION: Have you seen a decline in the amount of homework that is assigned by teachers? ANSWER: Reverend Harris stated that he has not personally seen a decline in homework assignments, and advised that homework assignments are dependent upon the course and the teacher. He added that he wes not personally aware of any concerns. Mr. White asked the followin._ ._uestion_.,~ · QUESTION: What do you perceive to be the greatest challenge facing the i! School Board in the next three yoar~? ANSWER: Reverend Harris advised that the greatest challenge for the School Board will be to maintain rigorous instructional programs to meet the diversity of the student population, viz: special education, alternative education, gifted students, magnet schools, PLATO Program, business and technical education, elementary schools, middle schools and high schools. He stated that the English As A Second Language Program hat tripled in the past four years as immigrants have settled in the Roanoke Valley where English is not the primary language. Therefore, he added that the past three years will somewhat mirror the next three years which will involve continuing to provide those kinds of instructional programs that will meet the needs, interest and ability of a diverse student population. Ms. Wy_att asked the followinO ._ueations: QUESTION: What is your definition of site-bssed declsionmaking, and how is it working in Roanoke'e school system? ANSWER: .Reverend Harris advised that the school system see .r. tecl. phasing in site-bassd dec~e;onmaking years ago, however, it was felt that efta-based management was working positively and productively at some schools and not at others, which was sometimes dependent upon the understanding of site-based management by the adminlstrator~ at the individual schools. He stated that the School Board which, in theory, supports site-based management, because it can be a positive tool when appropriately administered, developed and ultimately approved a site-based management policy that was intended to clarify and strengthen the definition of site-based management. He added that the School Board believes that a school can operate more effectively if decieionmaking regarding that school exists at the local school level rather than in central administration, which, in effect, is decisionmaking from the bottom up rather than from the top down. He advised that it is hoped that site-besed management is heading in the direction of becoming the positive and effective kind of management style that it can and should be for all City schools. QUESTION: What is your position in regard to planning time, or early out time for elementary school teachers? i ANSWER: Reverend Harris advised that he has made efforts as an individual School Board member to voice his support for what was previously known as early out days. He called attention to concerns expressed by a number of teachera at the elementary school level, and advised that it is a concept that he supports and will continue to address with the hope that at some future date a majority of the School Board will become involved in the issue. Ma_vor Bowers asked the followin_a o_ueet]on: QUESTION: What can he done to further cooperation between Roanoke City and Roanoke County schools? ANSWER: Reverend Harris called attention to significant areas where there is currently cooperation, such as alternative education and special education programs. He stated that overtures have been made to the County School Board to meet with the City School Board; however, he noted that both Roanoke City and Roanoke County have recently gone through a period of transition with the appointment of new School Superintendents, and Roanoke County has gone from an appointed to an elected School Board. He added that when things settle down, there should be an opportunity for joint meetings. I The second Demon to be interviewed was Melinda J. Payne _ Ms. Payne advised that many persons encouraged her to seek a position on the Roanoke City School Board because of her proven leadership ability and because she is community oriented, having parl]cipaf~l on the City Manager's Task Form on Community Relations and the school system's long-range planning committee. She stated that she has a desire to make a difference, that many people talk about what they would do if they were a member of City Council or a member of the School Board, but few ars willing to give the time to serve, and those same persons ara quick to ridicule those who are willing to give of their time to effect a change in the City. She advised that she volurlteers in the schools, she gives speeches about her profession, she tutors chfldren, she works with young people on school newspapers, she assists with the Work-A-Day Program, and she works with the schools on educational programs through her employer, the ~ ~ which programs ara designed to involve more children in reading. She expressed concern about the illiteracy rate and advised that she is an avid suppori~r of Literacy Volunteers of America. She also expressed concern about the high teenage pragnancy rate, the high school drop out rate, the number of young minorities in prison without a high school diploma or equivalent, and drugs and weapons in the schools. She advised that as a community, Roanoke is losing loc. us; that parents expect educators to take on all of the problems which is I ev,dencad by the lack of parental support at PTA and education meetings; should 4O be a partnemhip of students, parents, teachers, administrators, School Board, City Council, the business sector and the community working together to improve the quality of education for ell young people in the Roanoke Valley. She advised that if she is appointed to the School Board, she will not be a mouthpiece for any member of the school administration or for City Council, but her main concern will always be for the children; and she will focus attention on the holistic child and look for ways to insure that children receive the best possible education. She etstmJ that children make up one-third of today's population, but 100 per cent of tomorrow's future, and they must be prepared for what lies ahead. She advised that she is proud of the fact that she accepts challenges head on, that she does not shy away from hard work, that she has the wherewithal to look at ell problem from all viewpoints, and she will come to sound conclusions using available data. She noted that she is a product of the public schools, she know~ the value of a strong, solid education, and she would bring a certain amount of diversity to the School Board. She advised that as one of three parsons in Virginia who teaches diversity awareness at newspapers throughout the Commonwealth, she knows the importance of having all segments of the community represented in the schools and on the governing body of the schools. Mr. Edwards eskino the followin_o ouestions: QUESTION: We have some preventive-type programs that sesm to be working well, the DARE Program in particular. Do you have ideas about other types of preventive programs that could be implemented in the schools, and how well is the DARE Program and other preventive-type programs working within the City school system? ANSWER: Ms. Payne advised that the DARE Program is working well and referred to the work of DARE Officer Barbara T. Mays with students at the Highland Park Learning Center Magnet School. She stated that as a member of the Community Relations Task Force, she supported and pursued more DARE Programs for the high schools. Beyond the DARE Program, she advised that it ia a topic that deserves further discussion and the involvement of parents because much of the responsibility lies at home and unfortunately, many parents leave it up to the school system to handle problems that should be addressed in the home. Mr. McCadden asked the followino ouestione; S . ?_U .EST'.O. N: ..What are the virtues and deficiencies of the following programs: pac,a, c=uca.on, magnet Schools, Governor's School, Alternative Education and Chapter I Program? 4! ANSWER: Ms. Payne advised that her child has bccn involved in both the Chapter I and the Magnet Programs at Highland Park Learning Center. In regard to the Magnet Schools, she stated that not enough future planning was given to the time when Federal funds would no longer be available, and one of the problems that Highland Park is facing is how to keep a computer magnet school technologically where it should be when the funds ara no longer available, and it has been a constant battle for tbe school system to find the necessary funds to keep the magnet programs in operation. She pointed out that magnet programs accomplished what they were intended to do which was to provide racial diversity without forcing busing. She stated that there could be certain improvements in the Chapter I Program because students may not be screened as carefully as they ehould be in order to qualify. She called attention to the need for program(s) geared toward students who are not reading at an acceptable level, and there may be too much emphasis on students who excel and not enough emphasis on students who need help. She advised that the school system should be for all children, and all children should be insured of a quality education. QUESTION: I believe the average child is not getting the bast possible education. What is your opinion? ANSWER: Ms. Payne called attention to the need to insure that all students receive the best in education. She stated that she is the parent of an average achiever and the programs that are in place for those children are not as vast ss those for students who excel. Mr. Parrott asked the followino ,ueetions: QUESTION: There are many things that the schools must do that restrict actual teaching time. What are your thoughts in regard to taking some of the burden off of the classroom teacher in order to provide more time for teaching? ANSWER: Me. Payne advised that more teacher aids were available in the past, that more emphasis should be placed on volunteer parents to help in the classrooms, and not enough partnerships have bccn formed with the business community. She stated that the schools belong to the community and the school system should look to the community at-large for help. Mr. White asked the followin_. -_u~stio~l~; QUESTION: What will be the greatast challenge facing the School Board in the next three years? 42 ANSWER: Ms. Payne advised that the greatest challenge facing the School Board will be in the area of teacher saleHss in an effort to bring the salaries of Roanoke City teacher~ in line with surrounding localities. She added that Roanoke needs to be competitive with other cities its size, otherwise, teachers will move to jurisdictions where they feel they are rewarded and paid what they are wo,~;,. Having worked with students in the Minority Journalism Workshop at the Roanoke Times & World News. she stated that she has a great deal of respect for teachers because she is aware of the pressures involved in teaching. QUESTION: How would you measure the effort of fiscal contributions by Federal, State and local govemmente in funding for the school system? How would you determine which entities are providing their share of funding for the local school division? ANSWER: Ms. Payne advised that one approach would be to pool all information in a effort to determine whet other localities are receiving compared to what the City of Roanoke receives. She stated that if it is found that Roanoke City is not receiving its fair share, it would be necessary to speak out and let it be known that Roanoke should be treated fairly. QUESTION: If you compared data in regard to the City of Roanoke with other comparable cities across the Commonwealth of Virginia and discovered that Roanoke was equal to or had received more funds, what would be your position? ANSWER: Ms. Payne advised that as long as the school system can prove what it is doing, it can then justify the expenditure of funds when compared to other localities. However, she stated that if the need presents itself, it may be necessary to appeal to the community to let them know how Rosnoke's children are being effected. On the other hand, she advised that if it is determined that Roanoke is receiving its fair share, she would have no problem in stating that when compared to other localities, Roanoke is receiving as much as any other locality and there is only so much money to go around. Me. Wyatt asked the followin ~o ausstiop._,*. QUESTION: At one time, elementary school teacher planning time was provided, however, changes have taken place in the calendar end planning time is no longer available for elementary school teachers. Do you think .~. ache.? should have planning time, and if SO, how would yo~ propose t-~-r~i~l'~ me poqcy-~ 43 ANSWER: Ms. Payne advised that elementary teachers need planning time; that she has a great deal of admiration for school teachers and the work they do; and teachers are bombarded with all types of inquiries from parents, administrators, and other taachere and administretore and there are not enough hours in the day to accomplish their tasks. She stated that much responsibility is placed on the elementary taacber, and if she is appointed to the School Board, she would appeal to the school administration beginning with the Suporintendsnt to insure that he understands the need for elementary school teacher planning time. QUESTION: What is your definition of site-based decisionmaking, and how effective has it been in the school system? ANSWER: Ms. Payne advised that she is aware that Roanoke City is moving toward site-bessd management, but she is not familiar with the policy, and if appointed to the School Board, she would be willing to learn more about the topic and evaluate the policy accordingly. Mrs. Bowies asked the followina auestions: QUESTION: You stated in your r~sum& that education is a partnership and that parents ere not doing their fair share. What are some of the ways you might I make a difference? ANSWER: Ms. Payne advised that parents need to be advocates of the school system. She stated that as a representative of the PTA, she has called parents and encouraged them to be supportive of the schools and their PTA association, which is also a show of support for students, teachers and school administrators. QUESTION: As a School Board member, do you believe that you could be an influence in generating parental involvement in the schools? ANSWER: Ms. Payne responded in the affirmative, advising that she would use her School Board position to attend PTA meetings, to talk with persons in the school system and to encourage better public relations by appealing to parents through communications and articles about what parents are doing in the schools which, in turn, might spark the interest of other parents. She advised that once information is generated, and once ideas are set in motion, parents will become more visible which will genereta more parental involvement. QUESTION: How will the fact that you are employed by the ~ Wo~d News affect your decisionmaking as s School Board member? 44 ANSWER: Ms. Payne advised that she did not believe that her position with the Roanoke Times & World Ne_w~.. would have any beari, ng on her School Board position; that she served on the C:ty Manager's Commun,ty Relations Task Force, and some persons expressed a concern that through her position with the newspaper, information might be given to the news media, however, that did not happen. She stated that she has not worked in the newsroom since 1989, and during that time she has moved up in various positions of management with the newspaper, and she does not believe that the newspaper will treat her any differently than any other person who is making the news. She added that she has been treated like any other candidate by the newspaper, and Council would not have to be concemed about her giving information to reportere or with the Editorial page showing preferential treatment. Mayor Bowers asked the followino auestion: QUESTION: What are your thoughts in regard to cooperative efforts of Roanoke City and Roanoke County schools? ANSWER: Ms. Payne advised that the Roanoke Valley is not that large and there should be more open dialogue and communication with more sharing of services and programs by school systems in the Roanoke Valley. She spoke in support of retreats where the two school boards could discuss areas of cooperation. At 7:10 p.m., the Mayor declared the meeting in recess. l At 7:15 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. The third and last Dereon to be interviewed was Martin D. Jeffrey. Mr. Jeffrey advised that there has been considerable discussion about funding limitations of the school budget, and there has been an equal amount of discussion on the need for more parental and community involvement in the school system for a variety of reasons. He further advised that he has a highly probable solution to the problems that currently plaque the school system, one of which is inferior salaries for teachere when compared to national averages, which is a simple and common sense approach that he refers to as hie "Ready for the World" initiative. He stated that "Ready for the World" would serve to generate resources and other support services to enhance existing efforts to provide for an even greater impact on the school system. He stated that the necessary components of "Ready for the World" begin with efforts to educate the community about the successes of the school system, the benefits of having an award winning education syatam, the importance of the educational system to the City's short- and Iong-tarm economy, and social survival culminating in a community-wide appreciation fo.r. the system. He advised I that technology m the key to the success of Roanoka's children in the next century, and everything must be done to insure maximum advantages for each child. He further advised that hie "Ready for the World" concept is about technology that continues to broaden linkages to the world and a program that supports technological innovation that complements both viable traditions and needed reform; and "Ready for the World" insists on excellence in Ioaming, teaching and supporting, and offers a proposed honor system for students composed ors student review panel that allows students to experience difficulties, rewards and lessons of an environment energized by honor and respect. He explained that "Ready for the World" proposes community recognition of the system's finest through bonuses for teachers with a certain percentage of honor roll students, an anonymous teacher complaint and review process by which teachers may address non-instructional concerns that distract them from their jobs, an increase in computer hardware and software packages accompanied by appropriate training, a "parent buddy" who would volunteer time to assist the teacher with non-teaching and daily activities, increased coordination of efforts between the School Board, teachers and the PTA, a compensation package for teachers that would bring them in line with the national average, and increased community-wide recognition of excellence among students through corporate scholars awards. He stated that he is convinced that community involvement is the answer to many of the difficulties that the school system is I experiencing, because community involvement can create parental involvement by providing altemativsa, including role models for children and act to strengthen the concept of public education in general. He explained that he refers to his proposal as "Ten for Ten", that the goal of the proposal is to seek pledges from not only individuals, but corporate citizens, churches, civic and neighborhood organizations and other entities in the community, which could generate as much as $5 million over a ten-ysar period for the school system based upon a specific funding formula encompassing pledges and volunteer hours. He advised that under his proposal, all parsons may contribute from welfare mothers to corporate citizens, with the goal of supporting excellence in the school system. As a School Board member, he stated that his proposal would be a priority, and he would submit the proposal to the School Board and to the School Superintendent and would be willing to offer his assistance with regard to implementation. He advised that there were 6,399 volunteers in the City's school system last year which generated 116,584 volunteer hours, and with a population of approximately 99,000 persons in the City of Roanoke, there are many citizens who would like to be involved with the school system if given the opportunity and urging, and if appointed to the School Board, he could be instrumental in generating citizen participation and support. 46 Mr. McCadden asked the followin~a aue.tions- QUESTION: How would your "Ready for the World" program effect those students who do not have the capacity to be honor roll students? What will happen to teachers who are assigned students who ars not honor roll capable? What programs do you foresee for the average child or for the child with special needs? ANSWER: Mr. Jeffrey advised that programs are in place that deal with the average and special needs child, and "Ready for the World" is about enhancing current programs, increasing peCdcipetion and generating additional revenue for the school system. He stated that even though programs are in effect, more emphasis needs to be placed on the average child, however, he was unsure as to what those programs would involve. QUESTION: In regard to your proposal of bonuses for teachers with honor roll students and the Honors Showcase, what would stimulate a student to participate knowing that he or she may not be capable of reaching the honor role level? ANSWER: Mr. Jeffrey stated that the examples set forth in his proposal are merely examples and are not intended to be the end all of what needs to be done. He advised that his proposal advocates parent involvement and participation in the school system, thereby making a difference in the child's grade average, and the opportunity to be directly involved in the child's education should stimulate parental involvement. Mr. Parrott asked the followina auestion: QUESTION: What are your thoughts in regard to providing more classroom time for teachers? ANSWER: Mr. Jeffrey advised that the key is the ability to generate volunteer commitment on the part of the community, and volunteers could assist teachers with routine and incidental matters which would provide more teaching time, and by creating community involvement, many of the pressures will be taken off of teachers. Mr. White asked the followin_, auestions: QUESTION: What do you perceive as the major challenge facing the Roanoke City schools in the next three years? 47 ANSWER: Mr. Jeffrey advised that funding is clearly the major challenge that the school system will face in the next three yeare, because there has bccns decline in community commitment to education in terms of dollare and volunteer hours. He etatad that if public education is favored in this country and in this City, ways must be found to involve parents and the community at-large. QUESTION: If appointed to the School Board, you have said that one of your goals would be to increase teacher salaries. With limited funds, how would you go about allocating resources to teacher salaries when approximately 85 per cent of the school budget is already devoted to salaries, and how would you rank additional teacher salaries versus additional/new equipment, programs and classified/administrative salaries? ANSWER: Mr. Jeffrey advised that the City is doing all that it can given the constraints of the funds that it has to work with, however, he stteted that there are other avenues that should be explored more vigorously. He added that he would bring a different perspective and fresh ideas to the School Board and his focus would be on generating additional sources of revenue. QUESTION: How do you view the role of Roanoke City Council relative to the School Board and to the school system? I ANS_..I~'ER: Mr. Jeffrey advised that Roanoke City Council has an oversight rsaponsib,hty to the school system and to insure that the School Board carries out its responsibilities, beth individually and collectively. Ms. Wyatt asked the followin_o auestigl~S: QUESTION: The calendar has changed and planning time is no longer available for elementary school teachers. Are you in favor of planning time for elementary school teachers, and if so, how would you propose to reinstate the policy? ANSWER: Mr. Jeffrey advised that planning time is essential to quality teaching, and if teachers are expected to provide quality education, they must be given the tools and the opportunities with which to work. He stated that the key might be in extending or reconstructing the school day, and as a School Board member, be would be willing to discuss the matter with appropriate school officials. QUESTION: Are you familiar with the concept of site-based decisionmaking which is currently used in the school system, and is the concept working? 48 ANSWER: Mr. Jeffrey called attention to discussions with certain individuals in ?.. sch.ool eys. tem who. ars familiar with the concept of site-bessd decmionmakmg, edvming that in its beeic form, the procedure is about giving more control in determining goais and objectives in a particular school to school management. He stat~l thet it is his understanding that the program is working, but there could be certain improvements. Mrs. Bowies asked the followin_a auest~ons. QUESTION: With your pesition at Total Action Against Poverty and with vour radio talk show, you have an opportun,ty to w~thess commumty activities/ occurrences. From the standpoint of these two areas, if appointed to the School Board, what !mpect would you have on the school system and ultimately on Roanoke's ch,ldrsn? ANSWER: Mr. Jeffrey advised that his approach to doing his job is founded in a personal commitment to the Roanoke community, therefore, if he can use his jo..b, or hie radio talk show to enhance community involvement and to c,tizens to be more involved in their nsighborhood's and in their be willing to use those positions te their great,mt advantage. He called attention to a newsletter circulated by Total Action Against Poverty in regard to neighborhood issues, with the goal of stimulating neighborhood perticJpation, and advised that the newsletter could be used for school related issues, thereby sewing as a useful tool. QUESTION: As a Member of the School Board, would guidance counsellors at the elementary school level be one of your priorities? ANSWER: Mr. Jeffrey advised that he recently received custody of his three child, rsn, .h. owev.e.r, tbe.m, was a period of adjustment, both personally and acaaemicaqy, aha me gumance counsellors at Garden City Elementary School were extremely helpful in assisting his children in becoming productive students in the classroom. He etstsd as a School Board Member, he would support guidance counsellors in the elementary schools. Mr. Edwards asked the followina_ questions- QUESTION: How would you rate the DARE Program? AN.S. WER: Mr. Jeffrey advised that his daughter is ;I Safaty patrol officer at Garden C,ty Elementary Schoo! where she has been involved with the DARE Program, and based on her experiences, he spoke highly of the program. He stated that his experiences with the DARE Program have been favorable as well. QUESTION: Do you have ideas for additional types of preventive programs designed to provide safety in the schools? ANSWER: Short of parents actually sitting in the classroom, Mr. Jeffrey advised that be had no additional ideas to contribute. He stated that more parental involvement is one of the best safety programs that can be used. Mayor Bowers asked the followinq question: QUESTION: What are your thoughts in regard to joint cooperation by Roanoke City and Roanoke County school systems? ANSWER: Mr. Jeffrey advised that he ia a member of Leadership Roanoke Valley, which organization has focused on the issue of cooperation by local governments. He stated that if there is an interdependence of local governments and school systems, cooperation will serve as an enhancement to accomplishments by each group. He called attention to specific ideas of the School Superintendent in regard to the new alternative education facility and how that facility might eventually become a regional facility which, in effect, would foster better cooperation between the two school systems. He referred to other possible ventures relative to disabled children, advising that there are areas in which the two I school systems are currentiy cooperating, and as a School Board member, he would support the concept of regional cooperation. All interviews having been concluded and there being no further business, the Mayor declared the meeting adjourned at 7:50 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor SPECIAL MEETING ROANOKE CITY COUNCIL May t, 1995 7:00 p.m. The Council of the City of Roanoke met in special session on Monday, May t, 1995, at 7:00 p.m., in the Exhibit Hall of the Roanoke Civic Center, 710 Williamson Road, N. E., City of Roanoke, Virginia, with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowies, John S. Edwards, Delvis O. McCadden, John H. Parrott, William White, Sr., Linde F. Wyatt and Mayor David A. Bowers 7. ABSENT: None OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Gdeso, 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 it was a pleasure for the Elected and Administrative Officials of the City of Roanoke to host the public hearing to receive comments from citizens with regard to the real estate tax rate; the special tax on consumers of local telephone service (emergency 9-1-1 surcharge), effective July 1, 1995; and the 1995-96 recommended City budget. Notice of advertisement of the public hesHng was published in the ~ Times & World-New- on Monday, April 24, t995, and in the ~ on Thursday, April 27, t995. (See publisher's affidavits on file in the City Clerk's Office.) The Mayor advised that the City Manager has recommended that the real estate tax rate remain at $1.23 per $100.00 of assessed value; that the current special tax on con..sumers of local telephone service (emergency 9-1-1 surcharge) of $.46 per phone line per month be increased to $.99 per month, beginning July 1, 1995; and in a. ccordance with requirsmente of Section 33 of the Roanoke City Charter pertain,ng to the annual budget, the City Manager has further recommended 51 a balanced fiscal year 1995-96 General Fund budget totalling $146,524,247.00, which is anticipetad to incrssss $7,595,068.00, or 7.49 per cent, over the current fiscal year, end includes funding for the following major expenditures: Employes Pay Raise Jail Annex Operating Costa $ 2,399,519.00 $1,596,286.00 Increased Capital Fund Transfers Increased Landfill Costs Increase in Subsidy to Transportation Fund Transfer to Hotel Conference Center Fleet Replacement Funding Increase 270,000.00 215,000.00 $ 215,454.00 $ 175,000.00 $ 75,000.00 The Mayor inquired if there were persons who would like to address Council with regard to the City's real estate tax rata; whereupon, no person wished to be heard. The Mayor further inquired if there were persons in attendance who would like to address Council with regard to the special tax on consumers of local telephone service (emergency 9-1-1 surcharge), effective July 1, 1995; and the 1995-96 recom.m, ended City budget; whereupon, the following persons appeared before Council: Lucian Y. Grove, Member, Board of Directors, Center In The Square, expressed appreciation for Council's past support of Center In The Square, which exists for the purpose of educating the public, economic development, culture and tourism. He advised that Center In The Square has requested $150,000.00 for fiscal ye.ar 1995-96 for operating expenses and $50,000.00 for capital expenditures. He pointed out that attendance was 468,000 persons in 1994 compared to 393,000 in 1993; that Center In The Square serves 51 school districts with 100,000 children, 55 children's programs have been implemented, and persons from 50 states and 20 foreign countries have visited the facility which generates approximately 230 million tourist dollars. He noted that 600 volunteers work at Center in the Square, and the facility receives the corporate support of 2t6 companies and individual support by 695 persons. He advised that with the opening of The Hotel Roanoke & Conference Center and with the new pedestrian bridge across the railroad tracks, Center In The Square will prove to be · major tourist attraction for those persons visiting The Hotel Roanoke. 52 Karon W.: Ramssy, Past President of the West End .C. enter, Inc., spoke in support of fund,ng for the West En.d. Center. She adv. ised that it costs approximately $16,000.00 .per. year to ?use a ch,id .at..C. oyner Spnngs compared to $1,700.00 per year for a ch,Id to participate in activ,fies offered by the West. End Center. She stated that over the last decade, ten students who participated ,n programs at the West End Center have gone on to graduate from high school and some of those individuals will return to the Roanoke community and become productive citizens. In connection with teen pregnancy, she advised that it costs $6,900.00 per year for : vr~.nfl f~m=le to receive AFDC, food stamps and to attend the school system's It'e-r~'~v'~'~-ca-~on program for pregnant women, plus approximately $3,200.00 in medical bills to deliver the child, and emphasized that the West End Center has a .Af,~ rmr ~.nt nmanancv rate for those girls who have been active participants in the Center, therefore, from a fiscal etendpo,nt, fund;ng for the West End Cents makes good sense. Katherine F. Houck, Executive Director, Virginia Museum of Transportation, advised that as the official transportation ..museum for the Commonwealth .of Virginia, the Virginia Museum .of Transportation is p.r.o, ud to tell.th.e_story .of region's rich transportation heritage. She state.d .that.me .e.upp.ort o! ~;oano. Ke ~,,, h,i~a the Transnortation Museum to provlne eoucat]onal programs Tor area ~'chr'il'd~n; and n~ted that while touring the Museum, visito?, can see first hand the various modes of.transportation .that were designed and budt in Roanoke.. She, expressed appreciaUon for includ,ng the .T~n. sport.a, tion._~.nse.u.m' ,n ..a Do.n? referendum that was approved by the. voters ,n Nov. emDer ?.4, wn,cn, will ensDle the Museum to construct a cover for ,ts valuable ra,I collecUon and to ,reprove the entrance to Ute facility. She expressed appreciation for the City's past support and requested continued support in the t995-96 fiscal year. David K. Mays, Route 1, Box 606-D, Vinton, Virginia, a Roanoke City Police Officer, appeared before Council on behalf of classified employees of the Police Department and ex.preesed appreciaUo.n, to Council, the. City Manager and staff for the work that was ,nvolved in connection with prepenng the fiscal year lg95-g6 budget, aa well as pay increases for City employees, and requested that Council adopt the City Manager's proposed budget as presented. Edmond A. Damus, t920 Deyerle Road, S. W., expressed concern with regard to an article that was written by a local news reporter in connection with increasing the annual income threshold for qualifying for real estate tax exemption for elderly and disabled persons of the City of Roanoke in which Mr. Damus' name was published without his permission, that resulted in personal embarrassment. He supported the increase in the annual threshold from $24,000.00 to $26,000.00 aa recommended by the City Manager. 53 Anthony C. Wads, President, Board of Directore, Harrison Museum of African. American Culture, exproassd appreciation for the City's continued support of the Harrison Museum, and reviewed future projects to be undertaken at the Museum. He advised that the Harrison Museum continues to be a resource for schools, churches and civic organizations and serves as an important anchor in the Gainsboro and northwest community. He requested installation of signs in the area of The Hotel Roanoke & Conference Center directing visitors to the Harrison Musaum of African-American Culture. V. Disns Kelly, Executive Director, Mental Health Association of Roanoke Valley, a non-profit, non-govemmentsl organization with approximately 500 members who work to educate citizens of the Roanoke Valley aa to issues related to mental health and mental illness and acts as an advocate for quality care and ssrvioas for those who suffer from mental illness, advised that the Association supports the request of Blue Ridge Community Services, formerly Mental Health Services, for allocation of funds for the next fiscal year. She explained that the funding req,est was prepared according to the State's local match policy which calls for matching all Ststs-besed funds at a 90110 ratio with local tax dollars, and noted that the requested allocation represents the amount necessary to maintain all programs at the current level of service. She explained that Blue Ridge Community Services provided mental health/mental retardation and substance abuse counselling services to 5,t30 Roanoke City residents during the fiscal year ended June 30, 1994, with the value of such services estimated at $669,785.00, which represents $21.16 in services for each local matching dollar provided by the City. She advised that for fiscal year 1995, Roanoke City sllocatsd $26,374.00 in local tax dollars to Blue Ridge Community Services, that the agency is requesting an allocation of $436,734.00 from Roanoke City for fiscal year 1995-96, and an appropriation in a lesser amount will jeopardize Stats funds and existing service delivery. She pointed out that the unmet needs of clients throughout the system are staggering and individuals with mental disabilities cannot continue to be denied the services they need to enable them to live productive and successful lives in the community. Kay R. Hals, Executive Director, West End Center, Inc., advised that at various public hsarings/mestinga she has heard citizens say emphatically that they want a large por'don of their tax dollar~ to be used for programs that focus on the needs of the youth of the Roanoke Valley who represent the tax base that will be responsible for caring for Roanoke's currant population when they become senior citizens. She stated that all children deserve the sams resources and choices, and she will continue to address before Council on behalf of the City's youth until she is convinced that the City's tax dollars are being spent on programs that benefit youth as requested by the citizens of the City of Roanoke. 54 Chantel M. Powell, 1821 Westport Street, S. W., spoke in support of funding for the West End Center and advised that she has participated in Center activities for nine years, and the West End Center is s place where young people can visit after school, have fun and lesm job skills at the same time. She stated that without the services of the West End Center, the clime rate would be higher and there would be more problems associated with drugs, and requested that Council help the youth of the City by funding the West End Center. Maria Dunn, 1427 Loudon Avenue, H. W., a per'dcipant at the West End Center, spoke on behalf of funding for the Center. H. Joel Kelley, 3038 Melrose Avenue N. W., also spoke in support of funding for the West End Center. He supported the hiring of additional building inspectors to monitor historic preservation because of its importance to the ongoing progress and development of the community, and to address the deterioration of Iow income rental properties. He stated that employment of more building inspectors would help to prevent borderline housing from becoming substandard and would encourage senior citizens to locate in the Roanoke area. He spoke in support of the establishment of a transportation district with local taxing authority and a one or two cents gasoline tax. He supported an increase in the income threshold for qualifying for real estate tax exemption for elderly and disabled homeowners, however, prior to implementing an increase, he suggested that the City study the long term effects, if any. No other parsons wishing to be heard, the Mayor declared the special meeting adjourned at 7:45 p.m. APPROVED AI-I'EST: Mary F. Parker City Clerk David A. Bowers Mayor 55 PERSONNEL COMMITTEE ROANOKE CiTY COUNCIL May 3, 1995 8:30 a.m. A meeting of the City Council Personnel Committee was called to order on Wednesday, May 3, t995, at 8:30 a.m., in the City Council's Conference Room, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Chairperson John S. Edwards presiding. PRESENT: Personnel Committee Members Elizabeth T. Bowies, Delvis O. McCadden, John H. Parrott, Linda F. Wyatt, David A. Bowers and Chairperson John S. Edwards 6. ABSENT: Personnel Committee Member William White, Sr.- .... OFFICERS PRESENT: Mary F. Parker, City Clerk ACTION: COUNCIL4~ITY EMPLOYEES: Ma. Wyatt 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.t~?.,~A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Personnel Committee Members Bowles, McCadden, Parrott, Wyatt, Bowers and Chairperson Edwards 6. NAYS: 0. (Personnel Committee Member White was absent.) At 8:40 a.m., the Chairperson declared the meeting in recess. (Mr. White arrived during the Executive Session.) At 4:20 p.m., the Chair declared the meeting in recess until Thursday, May 4, 1995, at 8:30 a.m. On Thursday, May 4, 1995, at 8:30 a.m., the Personnel Committee reconvened in Executive Session in the City Council's Conference Room, with all seven members of the Committee in attendance, Chairperson Edwards presiding, to continue discussions with regard to a personnel matter, being the performance evaluations of certain Council Appointed Officers. 56 ACTION: At 9:30 a.m., the meeting reconvened in the Council's Conference Room, with all Members of the Personnel Committee in attendance, with the exception of Chairperson Edwards. COUNCIL-CITY EMPLOYEES: INith respect to the Executive Session just concluded, Ms. Wyatt moved that each Member of tho Personnel Committee certify to the best of his or her knowledge that: (t} 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: Personnel Committee Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers NAYS: None ...0. (Chairperson Edwards was absent.) There being no further business, the meeting was sdjoumed at 9:32 a.m. APPROVED ATTEST: Mary F. Parker City Clerk John S. Edwards Chairperson 57 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL May 8, 1995 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 8, 1995, at 2:00 p.m., with Mayor David A. Bowers presiding, pursuant to Rule 1, ~ of Sect]on 2-15, ~E~LP~D~, Code of the City of Roanoke (1979), ss amended, and pursuant to Ordinance No. 32403-032795, adopted by the Council on Monday, March 27, 1995, establishing the 2:00 p.m., hour for the May 8, t995 City Council meeting only. PRESENT: Council Members William White, Sr., Linda F. Wyatt, Elizabeth T. Bowles, John S. Edwards, Delvls O. McCadden, John H. Pswott and Mayor David A. Bowers 7. ABSENT: None,, Om OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attomey; James D. Grieeo, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with s prayer by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. CiTY GOVERNMENT-YOUTH-SCHOOLS: On behalf of the Members of Council, the Mayor recognized students from Patrick Henry and William Fleming High Schools and Altems'dve Educet]on who were participating in 1995 Student Government Day, and presented each participant with an "Executive Glass" as a memento of the occasion. PR.O. CLAMATIONS-TOURISM: The Mayor presented, a proclamation declaring April 30 - May 14, 1995, as "Heri~ge Tourmm Weeks" in the City of Roanoke, which weeks are intended to recognize the cultural and economic benefits that come from saving our history 58 and promoting historic sites preservation, as well as efforts co- sponsored by the Roanoke Regional Preservation Office, and the Roanoke Valley Convention and Visitors Bureau. (For full text, see Proclamation on file in the City Clerk's Office.) PR.O. CLAMATIONS-RED CROSS: The Mayor presented a proclamation declaring Wednesday, May 31, 1996, as "It Takes Two" Day in the City of Roanoke, which is designed to require merchants to request two forms of identification in order to purchase alcohol and tobacco products. (For full text, see Proclamation on file in the City Clerk"s Office.) COMMII-I'EES-OATHS OF OFFICE-SCHOOLS: The Mayor advised that on July 1, 1995, there will be two vacancies on the Roanoke City School Board, created by expiration of the terms of office of C. Nelson Harris and Cluberi G. Poff. He further advised that pursuant to Chapter 9, ~,dJ~,Atig~ Section 9-2t, ~ _~]dJJ;IJ~t, of the Code of the City of Roanoke (1979), as amended, Council conducted interviews of the following persons on Thursday, April 27, 1995, at 6:00 p.m., in the City Council Chamber: C. Nelson Harris Martin D. Jeffrey Melinda J. Payne Pursuant to Chapter 9, ~ Section 9-22, ~ of the Code of the City of Roanoke (1979), aa amended, which provides that on or before May 15 of each year, Council must hold an election to fill certain upcoming vacancies on the Roanoke City School Board, the Mayor opened the floor for nominations to fill the two vacancies. Mr. Edwards placed in nomination the names of C. Nelson Harris, Martin D. Jeffrey and Melinda J. Payne. There being no further nominations, C. Nelson Harris was reelected and Melinda J. Payne was elected as Trustees of the Roanoke City School Board for terms of three yeare each commencing July 1, 1995 and ending June 30, 1998, by the following vote: ACTION: ACTION: ACTION: ACTION: FOR MR. HARRIS: Council Members White, Wyatt, Bowles, Edwards, Perrott and Mayor Bowers 6. FOR MR. JEFFREY: Council Members Bowies and McCadden--2. FOR MS. PAYNE: Council Members White, Wyatt, Edwards, McCadden, Parrott and Mayor Bowers 6. 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 wes desired, that item would be removed from the C.onssnt Agenda and considered separately. He called specific attention to two requests for an Executive Session to discuss personnel matters with regard to annual performance evaluations of City Council Appointed Officers; and personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by Council. MINUTES: Minutes of the regular meeting of City Council held on Monday, February 13, 1995; the special meeting held on Saturday, February 18, 1995; and the regular meeting held on Monday, February 27, 1995, were before the body. (For full text, sss 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 White, Wyatt, Bowles, Edwards, McCadden, Parrott 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, 6O ACTION: ACTION: com.missione and committees appointed by Council, pursuant to Section 2.t-344 (A)(1), Code of Virginia (1950), as emended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. 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 (t950), as amended. 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. DIRECTOR OF FINANCE-CITY CLERK-CITY ATTORNEY-CITY MANAGER-COUNCIL-REAL ESTATE VALUATION-CITY EMPLOYEES- MUNICIPAL AUDITOR: A communication from Vice-Mayor John S. Edward.s, Chairperson,. City Council's. Personnel Com.mittse, requesting that Counc,I meet in Executive Session to d~scuss personnel matters with regard to annual performance evaluations of City Council Appointed Officers, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Vice-Mayor to convene in Executive Session to discuss matters with regard to annual performance evaluations of City Council Appointed Officers, pursuant to Section 2.1-344 (A)(1), Code of Virginia (t950), as amended. 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 6! ACTION: AIRPORT-BUSES-HOUSING/AUTHORITY-SCHOOLS: A report of the City Manager advising that at the request of the Mayor during the February 22, 1995 Council meeting, work force demographic date has been requested of the Roanoke Regional Airport, Valley Metro, Roanoke Redevelopment and Housing Authority and the Roanoke City Schools, and it is anticipated that the requested information will be provided by May 23, 1995, 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. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowere 7. NAYS: None.. CITY EMPLOYEES-PERSONNEL DEPARTMENT-AFFIRMATIVE ACTION: A report of the City Manager transmitting an annual report with regard to the City of Roanoke AffirmaUve AcUon Program, was before Council. The City Manager advised that the City's Affirmative Action Plan provides for an annual briefing to Council on the status of equal employment and affirmative action related to City employment; and Affirmative Action and EEO Programs and activities in which City depacb~wnte participated during fiscal year 1993-94 included the following: Public Safety Recru;:.,,ent College and University Recruitment Local Recruitment Fireflghter Physical Agility Test Fire Cadet Program Public Safety Accreditation Personnel Management Leadership Program Mayor's Committee for Persons with Disabilities The Americans with Disabilities Act Tenth Annual Ministerial Luncheon National Urban League Conference Workforce Diversity Training Sexual Harassment Training ACTION: ACTION: It was explained that future initiatives will include a new a.n.d different plan designed to increase the number of women..and minonty ap.p. lic?.nte in .areas where the work force analysis in.d.~cates under- util,zation, wh,ch plan will involve a diverse group of C~ty employees who will evaluate relevant issues including projected vacancies due to turnover and retirement as well as designing methods for recruiting and preparing women and minorities to enter the City's work force. (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 wes 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 O. COMMII'I'EES-HOTEL ROANOKE CONFERENCE CENTER- VIRGINIA TECH: A communication from James G. Harvey, II, tendering his resignation as a Commissioner of the Hotel Roanoke Conference Center Commission, effectively immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowies moved thatthe communication be received and filed and that the resignation be accepted with regreL 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. COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER- VIRGINIA TECH-CONVENTION AND VISITORS BUREAU: A communication from Beverly A. James tendering her resignation as the Hotel Roanoke Conference Center Commission's designee to the Board of Directors of the Roanoke Valley Convention and Visitors Bureau, was before Council. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mrs. Bowies mo.ved that Ihe communication be received and filed and that the resignation be accepted with regret.. The motion was seconded by Mr. Parrott and adopted by the follomng vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Psrrott and Mayor Bowers 7. NAYS: None ... HEARING OF CITIZENS UPON PUBLIC MATTERS: BUDGET-SCHOOLS: Dr. Charles L. Downs, President, Virginia Westem Community College, appeared before Council and requested $5,746.00 from the City of Roanoke to be used for scholarships, which is based on the number of students attending the College from Roanoke City (35 - 46 per cent of the student body are residents of the City of Roanoke). He called attention to the need for site development funds, advising that the Commonwealth of Virginia supports opsreting budgets of community colleges, plus buildings and construction of buildings, however, the State will not support preparation of land or anything located five feet away from a building, therefor, traditionally, localities have been called upon to support the college in these specific areas. He advised that Virginia Western is requesting $196,000.00+ for s project that will enhance parking conditions by improving access to the campus from Winding Way Road and development of a holding pond which ia required by the Federal Government. Inasmuch as the Commonwealth of Virginia will not support the projects, he stated that funds are being sought from the local jurisdictions and Roanoke City's share is $72,320.00; whereupon, he requested the City's support. He called attention to future long- range planning projects at Virginia Western Community College, viz: a Center for Business and Industry, s Fine Arts Building and a Health Tech Building. ACTION: Mr. White moved that the request be referred to the City Manager for report and recommendation to Council. The motion was seconded by Mr. McCadden and unanimously adopted. 64 ACTION: OTHER HEARINGS OF CITIZENS: BUDGET.COMPLAINTS-SCHOOLS: Usa S. Updike, 2519 Windsor '~.. Avenue, S. W., appeared before Council and expressed concern with regard to the impending demolition of the classroom section of Jackson Middle School. She advised that she would like for southeast children to have the latest in educational facilities, however, they should not be expected to give up the history of their parents and grandparents in order to get the isaming environment they desire. She stated that it was indicated by a school official that renovating would cost almost as much as new construction, therefore, why were renovations discounted; and it is realized that construction is expensive and City funds are limited, but compromises could have bccn devised between the old and the new. She requested that the facade of the structure be saved. (for full text, see transcript of remarks on file in the City Clerk's Office.) Mr. Edwards moved that the remarks of Ms. Updike be referred to the Roanoke City School Board for appropriate response. The motion was seconded by Mrs. Bowies and unanimously adopted. PETITIONS AND COMMUNICATIONS: None. At 3:05 p.m., the Mayor declared the meeting in recess. At 3:15 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORITY- GRANTS: The City Manager presented a briefing in regard to the proposed fiscal year 1995-96 Department of Housing and Urban Development (HUD) Entitlement Consolidated Plan and Budget, advising that HUD requires that entitlement localities submit a Consolidated Plan as a condition of receiving funding for several 65 Federal community development housing and homeless programs; and Federal programs include the Community Development Block Grant, Emergency Shelter Grant end HOME Investment Partnership. It was explained that HUD mpresentetivss informed City stsff that Roanoke's overall fiscal year 1995-96 entitlement will be $2,947,000.00 which is composed of $2,214,000.00 in CDBG funds, $651,000.00 in HOME funds and $82,000.00 in Emergency Shelter Grant funds, which is a total increase of $5,000.00 over fiscal year 1994 entitlement funding, and additionally, revenue is estimatsd to be available from the following sources for fiscal year 1995-96: $178,496.00 estimated program income generated from prior CDBG projects, and an estimated $t,010,119.00 is available for transfer or carryover from prior grant entitlement yesr~ for continuing projects ($769,674.00 are CDBG funds - $240,445.00 ere HOME funds). It was further explained that the above funds will leverage an I estlme.ted $2,378,672.00 in additional monies from Federal, State, local and private sources, for a total program scope of $6,$14,287.00. The City Manager advised that 18 new projects era recommended for funding and 42 previously funded projects are recommended; that the proposed Consolidated Plan and budget era responsive to the steted concerns of the citizens of Roanoke and meet regulatory requirements of HUD; that the Plan provides for housing imprevemente, homeless activities, activities for youth, business development, creation of new job opportunities, human services, strengthening of neighborhood organizations and adequate administrative over~ight for the entire program and will allow the City to build upon the successes of the past and meet certain urgent critical needs. (For full text, see report on file in the City Clerk's Office.) The Assistant City Manager advised that on Monday, April 10, 1995, Council received the latest draft of the Consolidated Plan which will be the topic of a public hearing et the evening session of City Council on this date.. He called attention to an administrative public hearing in whic.h the public was invited to provide input, end following the public heanng, meetings were held with who offered persons 66 suggestioos for improvements, and numerous issues that surfaced as s result of the initial draft were resolved. He explained ~at Council ~w~..'ll I be requested to adopt the Consolidated Plan following the publ,c hearing this evening and that the City Manager be authorized to submit the Plan to appropriate Stats and Federal Housing Authorities for approval. Prior to the public hearing, Mr. McCsdden requested additional information on the Small Business Incubator Program. Sarah H. Carlson, Immediate Pest President, Roanoke Regional Housing Network, and a representative to the Network of the Roanoke Valley Apar;,,,ent Association, advised that the Regional Housing Network is s coalition of valley governments, social service agencies, trade associations and citizens who ara responsible for end interested in the Roanoke Vslley's housing needs. She further advised that the mission of the Housing Network is to be s catalyst and a forum to bring together diversified yet compatible interests to promote comprehensive discussions and to effect action on the broad range of housing issues within the Roanoke region, and to this end, the Network has, over the last four years, advocated equal opportunities for all types of housing .within .?e region for all in. come lava!s, to promote comprehensive, ,nnovsti.v.e and bold hous,.ng strateg,es ..to facilitate and coordinate cooperation among the venous commun,ty housing interests so that efficient and optimum use of resources can be reached, and to sponsor and promote community dialogue on housing needs. She stated that the Regional Housing Network, with the support of public and private sponsors including the City of Roanoke, commissioned the Enterprise Foundation to conduct an assessment of the area's housing situation, and she was pleased to offer endorsement and comments in regard to the Consolidated Plan for the City of Roanoke es it addresses those housing needs. She advised that the Housing Network commends the City Administration for its efforts to prepare such a detailed and comprehensive document in a short period of time and appreciates the difficulty in allocating scarce funds to a broad range of activities. She called attention to certain items that the Network would particularly like to nots, such as support from proposed infill housing design competition which will focus and produce housing designs that are both appropriate to existing neighborhoods and affordable for Roanoke'a Iow and moderate income citizens. She advised that the Housing Network endorses Council's initial support for a Certificate of Compliance Program for rental properties in designated conservation areas and rehabilitation districts under the enforcement of the Building 67 Maintenance Code, and it. is anticipated that this pro. gram will encourage and faciliteate maintenance of existing rental un,te, provide for rehabilitation and reuse of existing but deteriorating unused multi- family buildings, and enforce the value of investments made in the City's older neighborhoods. She expressed concern that the resources allocated to housing activates are insufficient to effectively address all espacte of the Plan, particularly the ability of pereoos of the lowest incomes within the City to obtain housing appropriate to their needs. She advised that the Regional Housing Network stands ready to assist the City and neighboring jurisdictions to develop a means by which to effectively and equitably address all housing needs in the Roanoke Valley. In summary, she noted that the Roanoke Regional Housing Network supports the Consolidated Plan, and in the coming year, the Housing Network will continue its study of the Plan, as wail as implementation and effectiveness of the programa. Nancy L. Brock, Attorney, Legal Aid Society and a member of the Board of Directors of the Roanoke Regional Housing Network, advised that her comments were on behalf of those Iow income citizens that she represents as an attorney at the Legal Aid Society. She advised that the Consolidated Plan is to be commended because it appears to address the nccds of the .homeless in Roanoke shelters, and there ara ce~tein good initia, tiv.e.s ,ncluded in the Plan for home ownership, however, those in,tiativus do not serve well those parsons of more moderate and Iow income in the City who represent the individuals with the greatest need for assistance with affordable and decent housing. She advised that the Consolidated Plan does a good job in showing where the need lies which is predominantly in the Iow and very iow income areas, however, current initiatives ara heavily weighted toward home ownership, and it is difficult for those programs to reach into the Iow income areas. She suggested that the City should do more in its efforts to maintain rental housing, and called attention an overall decline in the quality of housing. She stated that due to building code enforcement, more houses have been boarded up or razed than repaired, and it is hoped that the City will look at ways to make rehabiliteted housing more affordable to the lowest income citizens when it increases resources to rental rehabilitation. She asked that when there ara initiatives for home ownership such as the future construction of new single-family houses, that the City insure that a fair proportion of the houses will be affordable to families that ara somewhat lower on the income scale than the current requirement. ACTION: W'dhout objection by Council, the Mayor advised that the remarks of Ms. Carlson and Ms. Brock would be received and filed. ITEMS RECOMMENDED FOR ACTION: PUBUC WORKS-WATER RESOURCES-EQUIPMENT-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 Carvina Cove Phase II, Contract B-l; that the project extends a water main from Florist Road, N. W., near Orlando Street southward to the Hollins Road crossing of the railroad near Old Mountain Road; and in order to improve water system operations, installation of an additional 36 inch valve and electric actuator at the Boxley Hills pump station is necessary, at an additional cost of $33,3t4.00, which cost includes the additional valve at contract pdcss, the electric actuator and the electrical connection, for a new contract amount, as follows: Original Contract Amount $2,924,017.00 Change Order No. 1 3,220.00 Change Order No. 2 ( 47,4t3.56) Change Order No. 3 33.314.00 t New Contract Amount The City Manager recommended that Council approve execution of Change Order No. 3, in a form to be approved by the City Attorney, to the City's contract with H. Hamner Gay & Co., Inc., in the amount of $33,314.00 and zero additional calendar days to complete the work. For full text, see report on file in the City Clerk's Office.) Mre. Bowles offered the following emergency ordinance: (~/32445-050895) AN ORDINANCE approving the City Manager's issuance of Change Order No. 3 to the City's contract with H. Hamner Gay & Co., Inc., in connection with Carvine Cove Filter Plant Improvements - Phase II, Contract B-l; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page t69.) ACTION: Mre. Bowles moved the adoption of Ordinance No. 32445-050895. I The was seconded by Mr. McCedden and adopted by the m. otion . follomng vote: AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers 7. NAYS: None O. BUILDINGS/BUILDING DEPARTMENT-BUDGET-NUISANCES- GRANTS: The City Manager submitted a written report advising that dilapidated buildinge determined to be public nuisances and hazards are ordered by the City to be demolished by their owners; that the City pays for demolition if property owners cannot be compelled to comply with the orders for various reasons, including those irmtences when the owners cannot be identified or located to be prceecuted in court or are indigent; that owners of record are billed and a lien is recorded against the property for ccete of demolition; that 21 buildings have been razed by the City to date in fiscal year t994-95, at a cost of more than $175,000.00 in Community Development Block Grant funds; and three more buildings are under contract to be demolished, after which funds allocated for demolition of unsafe buildings will be depleted. It was further advised that 14 additional buildings have been condemned by the Building Department for demolition, whose owners cannot be compelled immediately to remove themselves because they cannot be identified or located, are indigent, cannot be served with court papare or various other reasons; and six of the 14 buildings are considered critical by the Building Commissioner due to their extremely hazardous condition, with bids for demolition having been received totalling $46,700.00. The City Manager recommended that Council transfer $46,700.00 from General Fund Contingency Account No. 00t-002-9410-2199, to Demolition, Account No. 001-052-3410-7500; and authorize the City Manager to execute individual contracts for demolition of specific buildings declared by the Building Commissioner to be public nuisances and unsafe, in accordance with to the Virginia Building Maintenance Code. (For full text, see report on file in the City Clerk's Office.) 7O ACTION: Mr. White offered the following emergency budget ordinance: · (~32446-050895) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 170.) Mr. White moved the adoption of Ordinance No. 32446-050895. The motion was seconded by Ms. Wystt and edoptod by the following vote: ACTION: AYES: Council Membere White, Wyatt, Bowies, Edwards, McCadden, PalTOtt end Mayor Bowere 7. NAYS: None 0. LIBRARIES: The City Manager submitted a written report advising that at its meeting on Monday, April 10, 1995, Council adopted Ordinance No. 32428-041095 accepting the bid of Luces Construction Co., for alterations and additions to the Melrose Branch Library, however, the correct I.egsl nam. e of the contractor is R..L. Lucas Construction, Inc., do,ng bus,ness as Luces Construction Co.; __ whereupon, the City Manager recommended adoption of a measure which will correct the name of the finn. For full text, see report on file in the City Clerk's Office.) Mr. Psrrott offered the following emergency ordinance: (#32447-050895) AN ORDINANCE amending Ordinance No. 32428-041095 to correct the name of the successful bidder from Luces ConstnJction Co., to R. I_ Lucas Construction, Inc., doing business as Lucas Construction Co.; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 171.) Mr. Parrott moved the adoption of Ordinance No. 32447-050895. The motion was seconded by Mrs. Bowies and adopted by the following vote: 71 AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers 7. NAYS: Non-- O. INSURANCE-PARKS AND RECREATION-ARMORY/STADIUM- SPECIAL PERMITS-SPORTS ACTIVITIES: The City Manager submitted a written report advising that The Roanoke Rush, a semi-professional football team, is being organized as one of the new teams in National Minor League Football; that Victory Stadium has bccn requested for use as the "home field" for six games; that tenter]ye dates for the games are as follows: August 5, 1995, August 12, t995, September 9, 1995, September 30, 1995, October 7, 1995, and October 21, 1995; that The Roanoke Rush has requested that the normal fee of eight per cent of gross receipts be reduced to four per cent of gross receipts for all six games and that a $1,700.00 per event ceiling be placed on total rental fees charged to the club, which fees are for the 1995 season only and are not precedent setling for future seasons. The City Manager recommended that Council approve the request of The Roanoke Rush to reduce Victory Stadium fees for the I 1995 seas.on fro.m, eight per cent of gross receipts to four per cent of gross rece,pte, with .a. $1,700.00 maximum total rental charge per event; and authorize the C,ty Manager to execute a contract, in a form to be approved by the City Attomey, with The Roanoke Rush. For full text, see report on file in the City Clerk's Office.) ACTION: Mr. McCadden moved that the following ordinance be placed upon its first reading: (~/32448) AN ORDINANCE authorizing the proper City officials to enter into a lease agreement between the City and Rush Entertainment Group, Inc., for use of Victory Stadium by The Roanoke Rush semi- professional football team, authorizing the reduction of rental fees for the 1995 season only, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 57, page 204.) The motion was seconded by Mr. Edwards and adopted by the following vote: 72 ACTION: AYES: Council Members White, Wyatt, Bowles, Edwards, McCsdden, Pawott and Mayor Bowers 7. NAYS: Nons ...... O. BUDGET-GENERAL SERVICES-CMERP-EMERGENCY MEDICAL SERVICES-FLEET MAINTENANCE FUND-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Replacement Program has identified the need for a new ambulance in the Emergency Medical Services Department to replace an old, outdated and high maintenance unit; whereupon, the City Manager recommended that Council appropriate $59,323.00 from General Fund Capital Maintenance and Equipment Replacement Program to Fleet Management, Account No. 0t7-052-2642-9010, to provide for the purchase of one new ambulance to be used by Emergency Medical Services. For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (~32449-050895) AN ORDINANCE to amend and reordain certain sections' of the t995-96 General and Fleet Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 172.) Mr. White moved the adopt]on of Ordinance No. 32449-050895. 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. CITY PROPERTY-CITY INFORMATION SERVICES-LIBRARIES- EQUIPMENT: The City Manager submitted a written report advising that the City of Roanoke, County of Roanoke and City of Salem public libraries entered into a contract in 1990 establishing an integrated automated library system; that the three library systems, by contract, are full par'mera in the ownership of the automated system; that Roanoke City's Department of City Information Systems (CIS) serves as 73 host site and oversees the daily operation of the automated system; and Roanoke City acta as purchasing agent for the automated system. It was further advised that the County of Botetourt has requested permission for its library system to participate in the integrated automated system; that the Roanoke City Attorney's Office has prepared an amendment to the original agreement providing for the County of Botetourt Library System to be a full participating library in the integrated automated system; that the proper authorities in each of the four jurisdictions, library systems and library boards, and the advisory and automation committees have agreed to the terms of the amendment to the contract for the int~lrsted automated library system; that the Boards of Supervisors of the Counties of Roanoke and Botetourt and the Council of the City of Salem have approved the amendment to the contract; and Roanoke City's library administration recommends approval of the amendment to the contract thereby allowing the County of Botetourt Public Library System to be a full participating library in the integrated automated system. The City Manager recommended that Council approve the amendment to the agreement for the integrated automated library system and that the City Manager, or his design..e~.., be authorized to execute the amendment to the agreement admitting the County of Botetourt as a full participating library in the integrated automated library system. For full text~ see report on file in the City Clerk's Office.) Mrs. Bowies offered the following resolution: (~/32450-050895) A RESOLUTION authorizing the execution of an amendment to the contract for the integrated automated library system to allow the County of Botetourt to participate in the system. (For full text of Resolution, see Resolution Book No. 57, page 173.) ACTION: Mrs. Bowies moved the adoption of Resolution No. 32450-050895. The motion was seconded by Mr. Edwards and adopted by the following vote: 74 AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers 7. I NAYS: None 0. REPORTS OF COMMITTEES: BUDGET-TRAFFIC-CMERP-WATER RESOURCES-STREETS AND ALLEYS: Council Member White, Chairperson of the Bid Committee, presented a wfittan report on behalf of the Committee, in connection with bids received by the City for asphalt concrete overlays and pavement profiling of various streets within the City of Roanoke, recommending that Council approve the following actions: Award a contract to L. H. Sawyer Paving Co., Inc., in the amount of $1,411,105.40, and establish s contingency in the amount of $14,441.10, for a total amount of $1,425,546.50, in a form to be approved by the Director of Finance. Appropriate $350,000.00 in Capital Maintenance and Equipment Replacement funding to Street Paving, Account No. 00t-052-4120-2010. Appropriate $58,575.50 from the Water Fund Previous Years' Retained Earnings to a Capital Outlay account to be established in the Water Fund. Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the committee, advising that the 44,850 tons of asphalt will pave 76 lane miles of streets and the Carvins Cove Boat Landing parking lot, and the average number of lane miles paved during this ten-yesr period is 63.5 which is greater than the 57 lane miles desired each year. (For full text, see reports on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordlnance: I (~32451-050895) AN ORDINANCE to amend and reorda,n certain sections of the 1995-96 General and Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 174.) ACTION: Mr. White moved the adoption of Ordinance No. 32451-050895. The motion was seconded by Mr. Parrott and adopted by the following vote: 75 AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowara 7. NAYS: None.. 0. Mr. White offered the following emergency ordinance: (#32452-050895) AN ORDINANCE accepting the bid of L. H. Sawyer Paving Co., Inc., for paving and profiling of various streets, and Carv!.n.s Cove Boat Landing Parking Lot, upon ce.rt~.in terms and cond,tione, and awarding a contract therefor; authonz, ng 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 175.) ACTION: Mr. White moved the adoption of Ordinance No. 32452-050895. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott end Mayor Bowara 7. NAYS: None 0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CITY NURSING HOME4NSURANCE-CITY PROPERTY-LEASES- WATER RESOURCES: Ordinance No. 32442 authorizing the lease of approximately 7.4t acres of land located northwest of the Roanoke City Nursing Home at Coyner Springs to Richard B. Jeter and Ned B. Jeter, at a lease fee of $10.00 per acrs per year, for a three-yesr term with an option to renew for one additional two-yesr term, having previously be. ch before the Council for its first reading on Monday, April 24, 1995, read and adopted on i~s first reading and laid over, was again before the body, Mrs. Bowles offering the following for its second reading and final adoption: (#32442-050895) AN ORDINANCE authorizing the lease of certein City-owned property to Richard B. Jeter and Ned Jeter, upon certain terms and conditions. ACTION: (For full text of Ordinance, see Ordinance Book No. 57, page 168.) Mrs. Bowles moved the adoption of Ordinance No. 324424450895. The motion was seconded by Mr. White and adopted by the following vote: ACTION: AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers 7. NAYS: None 0. ACTS OF ACKNOWLEDGEMENT-ROANOKE SYMPHONY ORCHESTRA: Mr. Edwards offered the following resolution recognizing and commending the meritorious service rendered to the Roanoke Valley by Victoria Bond, Conductor of the Roanoke Symphony Orchestra from t986 to 1995: (#32453-050895) A RESOLUTION recognizing and commending the meritorious services rendered to the Roanoke Valley by Victoria Bond, Conductor of the Roanoke Symphony Orchestra. (For full text of Resolution, see Resolution Book No. 57, page 176.) Mr. Edwards moved the adoption of Resolution No. 32453- 050895. The motion was seconded by Mr. Parrott and adopted by the following vote: 77 AYES: Council Members White, Wyatt, Bowies, Edwards, I McCadden, Parrott and Mayor Bowers 7. NAYS: Non= 0. FIRE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT- NEIGHBORHOOD ORGANIZATIONS-CHURCHES-LANDMARKS/HIST. PRESERVATION: Mr. Edwards offered the following resolution expressing regrets et the loss of the Old First Baptist Church building as the result of a tragic fire on April 22, 1995: (f/32454-050895) A RESOLUTION expressing regrets at the loss of the Old First Baptist Church building ss s result of a tragic firs on April 22, 1995. (For full text of Resolution, see Resolution Book No. 57, page 177.) ACTION: Mr. Edwards moved the adoption of Resolution No. 32454- 050895. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCaddsn, Parrott and Mayor Bowers 7. NAYS: None 0. BUDGET-SEWERS AND STORM DRAINS-CITY NURSING HOME- GENERAL SERVICES-ROANOKE CIVIC CENTER-UTILITY LINE SERVICES-MANAGEMENT AND BUDGET-CITY INFORMATION SYSTEMS-TRANSPORTATION FUND-FLEET MAINTENANCE FUND- SCHOOLS-WATER RESOURCES: A certificate of the Director of Finance advising that funds required for the 1995-96 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. Edwards moved that the certificate be received and filed. The motion was seconded by Mrs. Bowies and unanimously adopted. 78 ACTION: BUDGET: Mrs. Bowies offered the following emergency ordinance adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1995 and ending June 30, t996, in the total amount of $146,524,247.00: (#32455-050895) AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1995, and ending June 30, t996; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 178.) Mrs. Bowies moved the adoption of Ordinance No. 32455-050895. The motion was seconded by Mr. Edwards. Me. Wyatt advised that it was her intention to vote on the fiscal year 1995-96 School budget, however, prior to doing so, she called attention to the following form of disclosure on file in the City Clerk's Office: "DISCLOSURE DECLARATION I, Linde F. Wyatt, am a member of the Council of the City of Roanoke. I am also a teacher in the Roanoke City School Division. This declaration relates to City Council's proposed vote on the fiscal year 95-96 Budget which includes funding for the School Division. A portion of the funding will provide for the salaries of teachers and other employees of the School Board. Based on the foregoing facts, a profession or group of which I am a member may be perceived to be affected by my vote on this transaction. I am able to participate in the transaction fairly, objectively, and in the public interest. l 79 i 5. This declaration ahall be filed by the City Clerk among the permanent papers of the City on or before the close of business on May 9, t995, and shall be retained and made available for public inspection for a period of five yssre from the date of filing. Data: 518195 M/Linde F. W~_aR Linde F. Wyatt" Ordinance No. 32455-050895 wes adoptmJ by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwerds, McCadden, ParroR and Mayor Bowers 7. NAYS: None 0. BUDGET-WATER RESOURCES: M[~ Edwards offered the following emergency ordinance adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1995, and ending June 30, t996, in the total amount of $8,825,g60.00: (#32456-050895) AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1995, and ending June 30, 1996; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 182.) ACTION: Mr. Edwards moved the adoption of Ordinance No. 32456-050895. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers 7. NAYS: None. 0. BUDGET-SEWERS AND STORM DRAINS: Mr. McCadden offered the following emergency ordinance adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1995, and ending June 30, 1996, in the total amount I of $8,786,985.00: 8O ACTION: ACTION: (~32457-050895) AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1995, and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 183.) Mr. McCedden moved the adoption of Ordinance No. 32457- 050895. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott end Mayor Bowers 7. NAYS: None BUDGET-ROANOKE CIVIC CENTER: Mr. Parrott offered the following emergency ordinance adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1995, and ending June 30, 1996, in the total amount of $2,5t2,336.00: (~32458-050895) AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1995, and ending June 30, 1996; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 185.) Mr. Parrott moved the adoption of Ordinance No. 32458-050895. 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.. BUDGET-TRANSPORTATION FUND: Mr. White offered the following emergency ordinance adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1995, and ending June 30, 1996, in the total amount of $2,472,854.00: 81 (~32459-050896) AN ORDINANCE adopting the annual Trsnsporlati.on Fund Appropriation of.the City of Roanoke for the fls.c~l year beginn,ng July t, 1995, and end,ng June 30, 1996; and declanng the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 186.) ACTION: Mr. White moved the adoption of Ordinance No. 32459-050895. The motion was seconded by Ma. Wyatt and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Panott and Mayor Bowers 7. NAYS: None 0. BUDGET-CITY NURSING HOME: Ms. Wyatt offered the following emergency ordinance adopting the annual Nursing Home Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, t995, and ending June 30, 1996, in the total amount of $1,767,007.00: (#32460-050895) AN ORDINANCE adopting the annual Nursing Home Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1995, and ending June 30, 1996; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 187.) ACTION: Ma. Wyatt moved the adoption of Ordinance No. 32460-050895. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parmtt and Mayor Bowers 7. NAYS: None O. BUDGET-CITY INFORMATION SYSTEMS: Mrs. Bowies offered the following emergency ordinance adopting the annual City Information Systems Fund Appropriation of the City of Roanoke for the fiec~l year beginning July 1, 1995, and ending June 30, 1996, in the total I amount of $2,372,867.00: ACTION: ACTION: (~32461-050896) AN ORDINANCE adopting the annual City Information Systems Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, t995, and ending June 30, 1996; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page t89.) Mrs. Bowles moved the adoption of Ordinance No. 32461-050895. The motion wes 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 0. BUDGET-GENERAL SERVICES: Mr. Edwards offered the following emergency ordinance adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1995, and ending June 30, 1996, in the total amount of $149,002.00: (#32462-050895) AN ORDINANCE adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1995, and ending June 30, 1996; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 190.) Mr. Edwards moved the adoption of Ordinance No. 32462-050895. 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-MANAGEMENT SERVICES FUND: Mr. McCadden offered the following emergency ordinance adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1995, and ending June 30, 1996, in the total amount of $484,456.00: 83 ACTION: ACTION: (~32463-050895) AN ORDINANCE adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1995, and ending June 30, 1996; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 191.) Mr. McCsdden moved the adoption of Ordinance No. 32463- 050895. The motion wes seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Pan'ott end Mayor Bowers 7. NAYS: None 0. BUDGET-UTILITY LINE SERVICES: Mr. Perrott 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, 1999, and ending June 30, 1996, in the total amount of $3,045,757.00: (~32464-050895) AN ORDIHANCE adopting the annual Utility Line Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1995, and ending June 30, 1996; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 192.) Mr. Parrott moved the adoption of Ordinance No. 32464-050895. The motion was seconded by Mr. White end adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers 7. NAYS: None Oe BUDGET-FLEET MAINTENANCE FUND: Mr. White offered the following emergency ordinance adopting the annual Fleet Maintenance Fund Approprial]on of the City of Roanoke for the fiscal year beginning July 1, 1995, and ending June 30, t996, in the total amount of I $3,893,270.00: 84 ACTION: (~32465-050895) AN ORDINANCE adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July t, t995, and ending June 30, 1996; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 98.) Mr. White moved the adoption of Ordinance No. 32465-050895. The motion was seconded by Ma. Wyatt and adopted by the following vote: ACTION: AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers 7. NAYS: None 0. BUDGET-SCHOOLS: Ma. Wyatt offered the following emergency ordinance adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1995, and ending June 30, 1996, in the total amount of $77,657,876.00: (#32466.-050895) AN.ORDINANCE adopting the annual S. ch.ool Fund Appropriation of the C,ty of Roanoke for the fiscal year beg,nn,ng i July 1, 1995, and ending June 30, t996; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 195.) Ms. Wyatt moved the adoption of Ordinance No. 32466-050895. The motion wee 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 0. BUDGET-DIRECTOR OF FINANCE-POLICE DEPARTMENT-PAY PLAN-FIRE DEPARTMENT-HUMAN DEVELOPMENT-TAXES-CITY ATTORNEY-CITY MANAGER-REAL ESTATE VALUATION-CITY EMPLOYEES-ROANOKE CIVIC CENTER-MUNICIPAL AUDITOR-YOUTH- EMERGENCY MEDICAL SERVICES: Mr. Edwards offered the following emergency ordinance adopting and establishing a Pay Plan for officers I 85 ACTION: and employees of the City, effective July 1, 1995, providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for uae of private motor vehicles; authorizing annual salary increments for sworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of the Firs Department who are cerdfled as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire Depa[;,,ent who are members of the Regional Hazardous Materials Response Team; and repealing Ordinance No. 31995-050994, adopted May 9, 1994, to the extent of any inconsistency: (#32467-050895) AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of tho City effective July 1, 1995; providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of the Firs Depa, b,,ent who ars certified aa Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire Depa~t,,mnt who are members of the Regional Hazardous Materials Response Team; repealing Ordinance No. 31995- 050994, adopted May 9, 1994, to the extent of any inconsistency; and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 57, page 196.) Mr. Edwards moved the adoption of Ordinance No. 32467-050895. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers 7. NAYS: None 0. BUDGET-ELECTIONS: Mr. Parrott offered the following resolution establishing the rats of compensation for Officers of Election employed by the Roanoke City Electoral Board, viz: Chief Officers - $110.00 per day and $75.00 per day for other Officers of Election: 86 ACTION: ACTION: (#32468-050895) A RESO.LUTION establishing the rata of compensation for Officers of Election employed by the Roanoke City Electoral Board. (For full text of Resolution, see Resolution Book No. 57, page 200.) Mr. Parrott moved the adoption of Resolution No. 32468-050895. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wltita, Wyatt, Bowles, Edwards, McCadden, Pan'off and Mayor Bowers. 7. NAYS: Non: 0. BUDGET-CITY CODE-TAXES-DISABLED PERSONS: Mr. Edwards moved that the following ordinance increasing from $24,000.00 to $26,000.00 the total combined annual income threshold for qualification for real estate tax exemption for elderly and disabled persons for the tax year commencing July 1, 1996, be placed upon its first reading: (#32469) AN ORDINANCE amending and reordaining §32-86, ~ Code of the City of Roanoke (1979), aa amended, by adding a new subsection (d) increasing from $24,000 to $26,000 the total combined annual income threshold for qualification for real estate tax exemption for elderly and disabled persons for the tax year commencing July 1, 1996; and amending currsnt subsection (d) of §32- 86, Financial eli_aibility, to redesignata such subsection as subsection (e). i (For full text of Ordinance, see Ordinance Book No. 57, page 205.) 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: Non= Oe BUDGET-FEE COMPENDIUM-EMERGENCY MEDICAL SERVICES: Mr. McCadden offered the following resolution establishing certain fees for the provision of Emergency Medical Services: 87 ACTION: ACTION: (~32470-050895) A RESOLUTION establishing certain fees for the provision of Emergency Medical Services. (For full text of Resolution, see ResoluUon Book No. 57, page 201.) Mr. McCadden moved the adoption of Resolution No. 32470- 050895. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wltita, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers 7. NAYS: None. 0. BUDGET-CITY CODE-TAXES-EMERGENCY SERVICES- COMMUNICATIONS DEPARTMENT-BELl. ATLANTIC - VA., INC: Mr. Psr~ott moved that the following ordinance to conform the definitions of certain terms to the Code of Virginia and to provide for an increase in the special tax imposed on the consumers of telephone service to offset costs attributable to the enhanced 9-1-1 Emergency Telephone System ($0.99 par month per telephone line), effective on and after Septamber 1, 1995, be placed upon its first reading: (#32471) AN ORDINANCE amending and reordaining Section 32- 275, ~ and Section 32-276, ' · of the Code of the City of Roanoke (1979), as amended, to conform the definitions of certain terms to the Code of Virginia and to provide for an increase in the special tax imposed on the consumers of telephone service to offset costa a~,;butable to the enhanced 9-t-1 Emergency Telephone System; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 57, page 206.) The motion was seconded by Mrs. Bowies and adopted by the following rots: AYES: Council Members White, Wyatt, Bowies, Edwards, McCaddsn, Parrott and Mayor Bowers 7. NAYS: None 0. MOTIONS AND MISCELLANEOUS BUSINESS: ACTION: ACTION: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTS OF ACKNOWLEDGEMENT-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: Without objection by Council, the Mayor requested that the City Attomey prepare the proper measure commending the service of James G. Harvey, II, as Chairperson of the Hotel Roanoke Conference Center Commission. OTHER HEARINGS OF CITIZENS: POLICE DEPARTMENT-FIRE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT-CHURCHES-YOUTH: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared before Council and commended the Roanoke City Fire and Police Departments for their investigation of the fire that damaged the Old First Baptist Church building, and requested that the investigation continue in order to determine if there are other clues that should be explored. She suggested that the minor suspect(s) allegedly charged with starting the fire and their families voluntarily become paCdcipante in the Juvenile Fire Center Counseling Prevention Program and that retired Fire Chief Rawleigh W. Queries be hired as a part-time consultant to oversee administration of the program. Inasmuch as the suspect(e) have bccn charged with a criminal offense and it would be inappropriate for the Council to take action at this time, the Mayor suggested Me. Bethel present her proposal to the Commonwealth's Attorney. At 4:15 p.m., the Mayor declared the meeting in recess. At 6:35 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowere 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 Mrs. Bowies and adopted by the following vote: 89 ACTION: AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers 7. NAYS: None 0. OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that there iea vacancy on the Roanoke Arte Commission, created by the resignation of David D. Guerrero, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Shirley Doherty. There being no further nominations, Ms. Doherty wee elected as a member of the Roanoke Arts Commission to fill the unexpired term of David D. Guerrero, ending June 30, 1995, by the following vote: FOR MS. DOHERTY: Council Membere White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowere 7. BUDGET-DIRECTOR OF FINANCE-CITY CLERK-CITY ATTORNEY- CITY MANAGER-REAL ESTATE VALUATION-CITY EMPLOYEES- MUNICIPAL AUDITOR: Mr. Edwards 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, 1995: ACTION: (f~32472-050895) 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, 1995; and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 57, page 202.) Mr. Edwards moved the adoption of Ordinance No. 32472-050895. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Bowies, Edwards, McCadden, Parrott and Mayor Bowers I NAYS: Council Member Wyatt At 6:40 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 Council Members in attendance: PRESENT: Council Members White, Wyatt, Bowies, Edwards, McCadden, Pawott end Mayor Bowers 7. ABSENT: None OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling,-Jr., City Attorney; Jamss D. GHsso, 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. STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having adverdssd a public hearing for Monday, May 8, t995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Berglund Chevrolet, Inc., that a 150-foot section of Maddock Avenue, N. W., extending in a wssteHy direction from Williamson Road, located between Iote bearing Official Tax Nos. 3080901, 3080903, 3080812, and 3080814 be permanently vacated, discontinued and closed, subject to certain conditions proffered by the petitioner, the matter wes before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-New- on Friday, April 21, 1995, and Friday, April 28, t995. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission recommending that Council approve the request to close and vacate the abovedeecribed section of Mattock Avenue, N. W., subject to the following conditione, was before the body. 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: The combination of all properties that would otherwise be landlocked by the requested closure or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law. The retention of appropriate easements, together with the right of public passage over same for surface and subeurface installation, repair or maintenance of any and all utilities that may be located w;~;,in the public right-of- way. The applicant shall submit to the City and receive approval of a comprehensive development plan providing for all landscaping buffers and screening areas as may be required by the City to establish and maintain an appropriate separation between the commercial and residential land uses in the immediate area. The applicant shall submit to the City a subdivider's agreement in a form acceptable to the City Attorney, and a performance guarantm) in an amount deemed sufficient by the Agent to the Planning Commission to provide for the installation of all landscaping and drainage improvements as may be required by the proposed development plan. If the above conditions have not been met within a period of 12 months from the date of adoption of the ordinance providing for closure of subject right-of-way, said ACTION: ordinance shall become null and void with no further action by City Council being necessary. (For full text, sss report on file in the City Clerk's Office.) Daniel F. Layman, Jr., Attorney, appeared before Council in support of the request of hia client. Mr. Whits 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 hereinafter." 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 for closure. There being none, the ordinance was lost by the following vote: AYES: Council. Member White and Mayor Bowers 2. NAYS: Counc,I Members Wyatt, Bowies, Edwards, McCadden I and Pa~o~... 5. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 8, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Berglund Chevrolet, Inc., that three tracts of land located on the north side of Maddock Avenue, N. W., described as Official Tax Nos. 3080812, 3080813 and 3080814, be rezoned from RM-I 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-New~ on Friday, April 21, 1995, and Friday, April 28, 1995. (See publisher's affidavit on file in the City Clerk's Office.) 93 ACTION: A report of the City Planning Commission advising that the purpose of the request for rezoning is to place the subject Iota into a zoning classification that would permit expansion of the adjoining automobile dealership business onto the property; that previously rezoned Iota have bccn utilized as an automobile storage lot; and the existing single family residences will be relocated by the applicant to other residential areas within the community, was before Council. The Planning Commission recommended that Council approve the request for rezoning, which would be consistent with the zoning pattern that has bccn established in the area. (For full text, see report on file in the City Clerk's Office.) Daniel F. Layman, Jr., AP. omey, appeared before Council in support of the request of his client. Mr. Parrott moved that the following ordinance be placed upon ita first reading: "AN ORDINANCE to amend ~36.1-3, Cede 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." The motion was seconded by Mr. White. The Mayor inquired if there ware persons present who would like to address Council with regard to the request for rezoning. There being none, the ordinance was lost by the following vot~: AYES: Council Member White and Mayor Bowers NAYS: Council Members Wyatt, Bowies, Edwards, McCadden and Parrott 5. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 8, 1995, et 7:00 p.m., or aa soon thereafter as the matter may be heard, on the request of P.W.C., L.L.C., that a tract of land located at 1017 Curtis Avenue, N. W., described aa Lot 12, Block 5, Map of Airiee Court, Official Tax No. 2190712, be ACTION: rezoned from RS-3, Residential Single-Family District, to C-2, General Co.m. mercial District,, subject to certain conditions proffered by the : petitioner, the matter was before the body. I Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, April 21, 1995, and Friday, April 28, 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 requeet for rezoning is to bring into compliance with the City's zoning ordinance the existing uae of a portion of the property located at t017 Curtis Avenue, N. W., which serves ss a parking lot at the rear of commercially zoned business property located at 5015 Williameon Road, N. W., which has no on-street parking, with the balance of the property at 10t7 Curtis Avenue being residential property and adjacent to the parking lot, was before Council. The Planning Commission recommended that Council approve the request for rezoning, advising that approval would bring that portion of the subject property for which razoning is sought into conformity with its existing use, and conditions proffered by the petitioner would address visual and other impacts on the adjoining residential property and allow for a compatible commercial use. (For full text, see report on file in the City Clerk's Office.) Michael Pearl, representing Robert Nichols, Agent, appeared before Council in support of the request. Mr. McCadden moved that the following ordinance be placed upon its first reading: (#32473) AN ORDINANCE amend §36.1-3, Code of the City of Roanoke (1979), aa amended, and Sheet No. 219, Sectional t976 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 208.) The motion was seconded by Mr. Parrott. The Mayor inquired if there were persona present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 32473 wes adopted, on its first reading, by the following vote: AYES: Council Members White, Wyatt, Edwerda, McCadden, Parrott and Mayor Bowers 6. NAYS: Council Member Bowies ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, ApHI 6, 1981, the City Clerk having advertised a public hearing for Monday, May 8, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Duoc Tan Nguyen and Pho Th, Lam that a tract of land located at 4t29 and 4135 Salem Turnpike, N. W., described aa Official Tax Nos. 6050101 and 6050102, be rezoned from RS-3, Residential Single-Family 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 wes published in the Roanoke Times & World-News on Friday, April 21, 1995, and Friday, April 28, t995. (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 two adjoining lots comprising approximately 0.399 acre, along with existing structures, into a zoning classification consistent with previous and proposed uses as a neighborhood convenience store and a neighborhood service establishment, wes before Council. The Planning Commission recommended that Council approve the request for rezoning, advising that the rezoning would be consistent with previous uses of property and would address visual factors, thus allowing for uses compatible with surrounding neighborhoods and development. (For full text, sss report on file in the City Clerk's Office.) W. Ben Snesd, Attorney, appeared before Council in support of the request of hie client. ACTION: Mrs. Bowies moved that the following ordinance be placed upon its first reading: (~32474) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 605, 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 209.) 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 for rezoning. There being none, Ordinance No. 32474 wes adopted, on its first reading, by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers. 7. NAYS: None. C .Z. ONING: Pursuant to Resolution No. 25523 adopted by the ouncll on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 8, 1995, st 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Branch Highways, Inc., that a tract of land located at the northwest terminus of Lynn Brae Drive, N. E. (also known as Market Square Drive) and abutting the eastern boundary of Statesman Park, described as Official Tax No. 7150102, be rezoned from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-New- on Friday, April 21, 1995, and Friday, April 28, 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 mzoning is to permit construction of a bituminous concrete plant for the production of asphalt and for related sales and administrative activities, which will occupy appmximatsly 2.5 acres of the 11.673 acre sits, was before Council. The Planning Commission recommended that Council approve the request for rezoning, advising that the rezoning is a sensitive issue, however, many of the concerns expressed by citizens were based on misconceptions regarding the proposed uae; and the Planning Commission notsd that the proposed facility reflects modem tschnology that eliminates most of the objectional aspects of the older plants and a negative impact on the surrounding area is not expectsd. (For full tsxt, see report on file in the City Clerk's Office.) ACTION: Mr. Edwards moved that the following ordinance be placed upon its first reading: (#32475) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (t979), aa amended, and Sheet No. 715, Sectional 1976 Zone I Map., City of Roanoke,..to rezone certain property within the City, subject to certain cond,tions proffered by the applicant. (For full tsxt of Ordinance, see Ordinance Book No. 56, page 2tt.) 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 rezoning. Donald E. Wstherington, Attorney, representing Branch Highways, appeared before Council and advised that his client is a corporats citizen of long standing in the Roanoke community and its recognition in national circles is aa a road builder. He stsatsd that his client proposes to construct an asphalt plant adjacent to Statssman Industrial Park which will provide a tax benefit initially of appmximatsly $210,000.00 and the addition of 32 employees both on and off sits. He refarred to seven areas of consideration in which Branch Highways has given a great deal of attention in an effort to identify what, if anything, could justifiably concern adjacent and nearby residents, which rssultsd in a review of envimnmentsl concerns, visual considerations, noise, odor, dust, tra~c and risk of fire, explosion or other catastrophes, which issues hie client could not identity aa legitimate concema. He ~eferre~. to screening of the proposed asphalt plant behind an earthen rm ruth a heavy planting of greenery; advised that a visit to a similar plant in the City of Fairfax, Virginia, proved that odor is not an issue. Ha added that them will be no visual impact; that his client has proffered that all heavy truck traffic will move to and from the site by means of an access through Statesman Industrial Park with no heavy truck traffic on Lynn Brae Drive; that the nature of the proposal suggests minimal duet, and the concouree within the site on which heavy traffic will move will be paved with a berm rising 20 feet above elevation, and with an abundance of large and small trees to be planted that will serve as an additional screening net. He called attention to concema of residents in regard to fire or explosion, etc., and advised that Roanoke County Fire Department officials state that no fire in any asphalt plant in the area is recorded in their files, and a well-known paving corporation which maintains similar plants has reported no incidents of fire. He stated that none of the abovelisted issues should be of reasonable concern to adjacent property owners or to the residential area, none of which are closer than one-quarter of a mile to the proposed plant site. Ha requested that Council concur in the recommendation of the City Planning Commission and grant the rezoning request of Branch Highways. The Mayor called attention to a communication from Steven N. Bethel, 331t Ridgerun Road, in opposition to the request for rezoning; a communication from Buddy Davis, t Homestead Lane, advising that after meeting with representatives of Branch Highways, he is satisfied that the asphalt plant operation threatens no negative impact to the area; and a communication from Roy N. Stroop, President, Wildwood Civic League, advising that the Civic League is neutral on the issue and voted to take no position, either for or against. (For full text, see communications on file in the City Clerk's Office.) Paul R. Smith, 3516 Willow Run Drive, N. E., expressed concern with regard to odor, and stated that if the property is rezoned to Heavy Manufacturing, another industry could make a similar request of the City in the future. He questioned whether or not truck traffic will enter and exit through Statesman Industrial Park rather than the residential area, and inquired if the facility will operate at night. He referred to Mr. Wetherington's statement that the Roanoke County Fire Department had c.e. rtified that no fires had b.-cn reported as the result of a similar Ii operation in Roanoke County, ho,ver, he noted th,t the property in question is Iocatsd in Roanoke City. Obediah Overetrsst, 3203 King Street, N. E., advised that residents are desirous of businesses locating in the area, but they do not want an asphalt plant, and expressed concem with regard to odor and the potential of fire. Virginia K. Rhodes, 3258 Richard Avenue, N. E., called attention to the proposed 20 foot berm and its visual impact on the Blue Ridge Parkway where visitors have a view of Routs 460, and stated that the Parkway and ita overlooks should be preserved. She expressed concem with regard to odor as a result of the asphalt plant operation, and asked that Council deny the request for rezoning. Frenk W. Ma~n, 5621 Roselawn Road, Roanoke County, advised that he owns property adjoining tho property of Branch Highways which is currently for sale, and construction of the proposed asphalt plant would not enhance the value of his property. I Jim H. Phillips, 3516 Brookrun Circle, N. E., expressed concern with regard to health hazards aesociatad with oparetion of an asphalt plant, fire, odor, and increased truck traffic, and asked that Council consider the request from the standpoint of those property owners who are the parents of small children. He stetad that the Light Manufacturing designation has served the area wall, and requested that Council give ssHous consideration to the request for rezoning. Alton B. Prillamon, 2803 Stephenson Avenue, S. W., advised that he owns property in the area, therefore, he appeared before Council in both a personal and a professional capacity. He indicated that the rezoning could be considered spot zoning which is illegal and recommended that Council seek the advice and opinion of the City Attorney. Mr. Robert J. Wsschler, 3523 Springtree Circle, N. E., advised that the majority of persons living in the Springtrss Subdivision are opposed to the rezoning because of increased traffic. 100 John R. Marlles, Chief of Community Planning, was requested t.o. respond in connection with a visit to a similar asphalt plant in the C,ty of Fsirfax, Virginia; and he ended his response by advising that · Roanoke City representatives who visited the Fairfax operation retumed to Roanoke with the impression that many of the concems of Roanoke residents are not issues, and noted that the Branch Highways facility is more state-of-the-art and more modem than the Fairfax facility. At 8:40 p.m., the Mayor declared the meeting in recess. At 8:50 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding and all M~mbere of the Council in attendance. Richard L. Jones, Member, City Planning Commission, advised that two matter~ bore heavily on the Planning Commission's recommendation, viz: (1) the distance from the Fairfax site to the nearest residential site is 350 feet compared to the nearest residence at the Branch Highways site which is 1,645 feet; and (2) the Fairfax site is 2.5 acres compared to an 11.6 acre site in Roanoke which will be protected by appropriate screening. Dana E. Reagan, 3232 Belle Avenue, N. E., called attention to a no through truck sign on King Street, N. E., however, she noted that trucks continue to use the street every day, and there have been numerous accidents on King Street because the area is heavily travelled. Christine M. Kadd, 310t King Street, N. E., advised that Botetourt County did not want the asphalt plant in their jurisdiction, therefore, why would Roanoke want the facility within the City limits. Timothy Liptek, 3269 Richard Avenue, N. E., expressed concern for the safety of children, and advised that the individuals who should be heard are the persons who live in the area who will be directly influenced by the project, and noted that Branch Highways is interested in the project because of the money it stands to make. Following considerable discussion of the matter, the Mayor inquired if there were other persons who wished to be heard. There being none, Ordinance No. 32475 was adopted on its first reading by the following vote: 101 AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers 7. NAYS: Nono 0. BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORITY- GRANTS: The City Clerk having advertised a public hearing to be held on Monday, May 8, 1995, at 7:00 p.m., or as soon thereafter as they matter may be heard, to consider the City of Rcanoke'e 1995-96 Consolidated Plan for Community Development Block Grants, HOME Investment Partnerships, and Emergency Shelter Grsnte, the matter was before Council. Legal advertisement of the public hearing wes published in the Roanoke Times & World-News on Thursday, April 27, t995. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report with regard to the fiscal year 1995-96 HUD En§tlement Consolidated Plan (Plan), advising that Council was briefed on recommended Community Development Block Grants, HOME Investment Partnerships and Emergency She?er I Grants, including $2,947,000.00 new funds received from the Un,ted States Department of Housing and Urban Development (HUD); that citizen input wes received and considered on the following occasions: January 19, 1995, April 11, 1995 and May 8, 1995; that a draft of the Consolidated Plan is available for public review and comments for 30 days, or from April 12, 1995 to May 12, 1995; that current HUD Entitlement fiscal year ends June 30, 1995; and a draft of the Consolidated Plan must be received by HUD on May 17, 1995, in order for the City's fiscal year to begin on July 1, 1995. The City Manager recommended that he be authorized to submit an approved Consolidate Plan to the U. S. Deparb,,ent of Housing and Urban Development for final review and approval, if no further comments are received by May 12, 1995, and authorize the City Manager to execute the grant agreement with HUD on behalf of the City; and upon receipt of program and budget approval from HUD, a report detailing the necessary budget appropriations by program and line item, as well as contracts necessary to carry out the fiscal year 1995-96 program, will be presented to Council for adoption. (For full text, ess report on file in the City Clerk's Office.) 102 ACTION: Mr. Whita offered the following resolution: (~32476-050895) A RESOLUTION authorizing the City Manager to submit an approved Entitlement Consolidated Plan for fiscal year 1995-96 to the United States Department of Housing and Urban Development (HUD) for final review and approval, and authorizing the execution of the appropriate documents for the acceptance of such funding. (For full text of Resolution, see Resolution Book No. 57, page 203.) Mr. White moved the adoption of ResoluUon No. 32476-050895. The motion was seconded by Mm. Bowies. The Mayor inquired if there were persons present who would lika to address Council with regard to the matter. The City Manager called attention to the City's intent to help the West End Center, Inc., with on4ita or nest-to site parking, and advised that recommendation will be submitted to Council prior to December 31, 1995. Melody S. Stovall, Executive Director, Harrison Museum of African-American Culture, expressed appreciation for the City's efforts to accommodate the request of the Harrison Museum to construct a building on a site that was donated by Central Fidelity Bank to be used for construction of a Harrison Annex to house artifacts that can no longer be maintained in the main building. She requested that Council approve the 1995-96 ConsolidatmJ Plan and Budget es presented by the City Manager. Millard E. Bolden, Program Director, YMCA Family Center, spoke in support of programs benefitting Roanoks's youth. He expressed appreciation to the City for funds that were allocated to the YMCA Family Center which will help young parsons to be involved in a positive and culturally enriched environment during this summer season. '1 103 Resolution No. 32476-050895 w~ adopt~l by the following vote: AYES: Council Membem White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers 7. NAYS: Nono 0. OTHER HEARINGS OF CITIZENS: None. TRAFFIC-COMPLAINTS: Glenn Friedlsnd, 1550 Bluemont Avenue, S. W., appeared before Council and presented a petition signed by 52 persons requesting installation of s four-way stop sign at the comer of Maiden Lane and Dunmom Street, S. W. ACTION: Without objection by Council, the Mayor requested that the petition be referred to the City Manager for investigation and sport to Council within 60 days. Them being no further business, the Mayor declared the meeting adjourned at 9:27 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowes Mayor 104 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL May 22, 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, May 22, 1995, at 3:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, ~ of Section 2-15, ~4L~_P~Q~J~ Code of the City of Roanoke (1979), ee amended. PRESENT: Council Member~ Linda F. Wyatt, Elizabeth T. Bowles, John S. Edwards, Delvis O. McCadden, John H. Parrott, William White, Sr., and Mayor David A. Bowers. ABSENT: None OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Rib:hie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; Michael R. Crew, Manager of Accounting Services; and Sandra H. Eakin, Deputy City Clerk. The meeting was opened with a prayer by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PROCLAMATIONS-PUBLIC WORKS: The Mayor presented a proclamation declaring May 21 - 27, 1995, as Public Work~ Week in the City of Roanoke to William F. Clark, Director of Public Works. (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 specific attention to two requests for an Executive Session to 41 105 discuss disposition of publicly held property, specifically property in the downtown section of the City of Roanoke; and to discuss acquisition of real property for public purpose, specifically property in the downtown section of the City of Roanoke. MINUTES: Minutes of the regular meetings of City Council held on Monday, March 13, 1995, and Monday, March 27, 1995, were before the body. (For full text, see minutes on file in the City Clerk's Office.) ACTION: Mrs. Bowies 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, Panott, White and Mayor Bowers 7. NAYS: Nono 0. COUNCIL-CONVENTION AND VISITORS BUREAU-TOURISM: A communication from Mayor David A. Bowers transmitting copy of a news release from the Roanoke Valley Convention & Visitors Bureau ss~ng forth convention, visitor and tourism statistics fur the past year, advising that the number of convention attendees visiting Roanoke over the last couple of years has almost doubled; that the number of visitors checking in at the Information Center on the City Market has increased by 6,000 persons in just one year (approximately an increase of 17,000 over the last three years); and that the economic impact of tourism in the City of Roanoke has tripled from $8 million to $25 million in just the past couple of years, was before Council. (For full text, see communication on file in the City Clerk's Off, ce.) ACTION: Mrs. Bowies 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, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers 7. NAYS: None 0. 106 ACTION: ACTION: ROANOKE BAR ASSOCIATION-COUNCIL-LAW LIBRARY- DECEASED PERSONS: A communication from Mayor David A. Bowers transmitting correspondence from ChaHss L. Williams, Jr., President, Roanoke Bar Association, requesting that the City consider naming the law library in honor of tho late Law Librarian, Ciayne M. Calhoun, was before Council. (For full text, sss communication on file in the City Clerk's Office.) Mrs. Bowies moved that the communication be referred to the City Manager and the City Attorney for appropriate review, recommendation and report to Council. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parzott, White and Mayor Bowers 7. NAYS: None 0. DI.REC..TOR OF FINANCE-COU. N. CIL-CITY EMPLOYEES:.. A commun,cafion from Mayor Dav,d A. Bowers transm, l?i.'ng correspondence from the Government Finance Officers Assocmtion, advising that the Director of Finance and his staff have qualified for a Certificate of Achievement for Excellence in Financial Reporting, the highest form of recognition in Public Employee Retirement System (PERS) account and financial rspoding, with special recognition given to Joyca L. Sparks, Retirement Accountant, 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, with commendation to the Director of Finance and his staff. The motion was seconded by Mr. Parrott and edopted by the fuliowing vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parmtt, White and Mayor Bowers 7. NAYS: None 0. 107 ACTION: ACTION: OATHS OF OFFICES-COMMITTEES4NDUSTRIES: A communication from W. Bolling Izard, Chairman, Industrial Development Authority of the City of Roanoke, transmitting correspondence from Stanley R. Hale tendering his resignation as a Director of the Authority, effective immediately, wes before Council. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowies moved that the communications be received and filed and that the resignation be accepfed with regret. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Membere Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers 7. NAYS: Nono 0. OATHS OF OFFICE-COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: A report of qualification of W. Robert Herbert, as a Commissioner of the Hotel Roanoke Conference Center Commission, for a term ending April t2, t999, wes 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 motion wes seconded by Mr. Parrott and adoptmJ by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers 7. NAYS: Nono 0. PURCHASE/SALE OF PROPERTY-COUNCIL-CITY PROPERTY- DOWNTOWN ROANOKE, INCORPORATED: A report of the City Manager requesting that Council convene in Executive Session to discuss a matter with regard to the disposition of publicly held property, specifically property in the downtown section of the City of Roanoke, pursuant to Section 2.1-344 (A)(3), Code of Virginia (t 950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) 108 ACTION: ACTION: Mm. Bowles moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to the disposition of publicly held property, specifically property in the downtown section of the City of Roanoke, pursuant to Section 2.1-344 (A)(3), Code of Virginia (t950), as emended. The motion was seconded by Mr. Parrott end adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Perrott, White end Mayor Bowers 7. NAYS: Non= 0. PURCHASE/SALE OF PROPERTY-COUNCIL-CITY PROPERTY- DOWNTOWN ROANOKE, INCORPORATED: A report of the City Manager requesting that Council meet in Executive Session to discuss a matter with regard to acquisition of real property for public purpose, specifically property in the downtown section of the City of Roanoke, 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.) Mm. Bowies moved that Council concur in the request of the City Menager to convene in Executive Session to discuss a matter with regard to acquisition of real property for public purpose, specifically property in the downtown section of the City of Roanoke, pursuant to Section 2.t-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 Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers 7. HAYS: None. .. 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: COMPLAINTS-SCHOOLS: The Mayor recognized the following persons in connection with the demolition/renovation of Stonewall Jackson Middle School: 109 E. Alan Argabright, 602 Dale Avenue, S. E., representing the Southeast Action Forum, spoke in favor of renovating Jackson Middle School and stated that any funds should be invested in quality educational tools and improving the environment in which students learn. Libby Martin, 936 Estates Road, S. E., stated that her main concern is what is in the best interests of the students; that if plans fur renovations to Jackson Middle School have been changed at this late data, the school may fall from being first in line to be modernized to the end of the line; that her understanding ia that if plans are followed to try to save the school, it will cost more, therefore, her concern is what educational benefits will be lost because of this; aha believes Jackson Middle School needs to have the ability to compote with the other schools in the area and to offer es much educationally as possible, and she feels the school that ia planned will offer educational challenges to the students that will help prove the school's academic performance. Joey T. Moldenhauer, 3081 Harborwood Road, Salem, representing the Archaeological Society of Virginia and the Roanoke Valley Preservation Foundation, advised that he is an alumni of Jackson Middle School and lived in the City ~or 40 years; and he believes this project can be completed by integrating s significant landmark building with modern educational facilities. On behalf of the Board of the Roanoke Valley Preservation Foundation, Mr. Moldenhauer read a statement which was approved by the Board recommending that the Roanoke City Council and the Roanoke City School Board continue its fine program of school restoration and not raze Jackson Middle School; the Roanoke Valley Preservation Foundation requests that Council reconsider this project and not allocate funds for the proposed contract to remove the front part of the structure, which is the older part of the school; that many lingering questions are to be considered including budgeta~j costa of restoration versus replacement, why many citizens were seemingly unaware of the proposal to raze the school, whether a second opinion can or should be obtained from another architect, and why it is feasible to restore other schools in the City school system but not Jackson Middle School. Mr. Moldsnhausr stated that as Chairman of the Archaeological Society's Threatened Sites Committee, he believes that the whole issue relates to what renovation versus replacement entails and what the benefits of a completely new building would be; that planning could be extended over into Jackson park to address parking and bus drop-off concerns; and on behalf of the Archaeological Society, he urged that the proposal 218 ACTION: Mrs. Bowies offered the following resolution: (#32543-062695) A RESOLUTION authorizing the acceptance of funds from the Roanoke City Health Department and Allegheny Health District for establishment of the Office Services Assistant position in the Healthy Differences Program at the Roanoke City Health Department, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 57, page 331.) Mrs. Bowies moved the adoption of Resolution No. 32543-062695. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers 7. NAYS: None .... 0. BUDGET-TRAFFIC-CAPITAL IMPROVEMENTS PROGRAM- VIRGINIA TECH.HOTEL ROANOKE CONFERENCE CENTER: The City Manager submitted a wHtton report advising that construction of The Hotel Roanoke & Conference Center was completed in April 1995; that the Virginia Deparb,,ent of Transportation (VDOT) originally contracted with Branch Highways to construct a temporary road from Shenandoah Avenue to Wells Avenue through The Hotel Roanoke parking lot and to remove old road surface on Wells Avenue between Williamson Road and Jefferson Street at a cost of $33,900.00; and Thompson/Turner completed the work under a Conference Center Commission contract, therefore, the Hotel Roanoke Conference Center Commission has received a $33,900.00 credit from VDOT. It was further advised that engraved bricks were sold by The Hotel Roanoke Conference Center Commission as a means to raise money to help pay for some of the enhancements to the Conference Center; that revenues of $8,250.00 from fiscal year t993-94 sales are in retained earnings while $63,117.00 has been collected in fiscal year 1994-95, which funds are included in Account No. 010-002-1234-1145; and $8,250.00 is available in retained eamings from fiscal year t993-94 from brick sales, and interest earnings on expended Commission funds of $13,812.00 are available for appropriation. 110 to raze the school be reconsidered in order that the building may be preserved. Finally, ss s citizen, Mr. Moldenhauer stated that the.re .are concerns as to due process, ss well as the issues of confl;cting information about cost and space, and the decisionmaking process; and recommended that Council reconsider the razing of Stonewall Jackson Middle School. Vice-Mayor Edwards stated that it is his understanding from the Sch~c| board Chairman that the School Board will hold a healing with the Southeast Action Forum on Monday evening, May 22, 1995, at 6:30 p.m., and encouraged Mr. Moldenhsuer to attend that meeting to express his views to the School Board. Lisa S. Updike, 2519 W',ndsor Avenue, S. W., presented petitions in opposition to the razing of Jackson Middle School. Ms. Updike advised that she voiced her concerns to the School Board, however, the Board voted to sward the contract for renovations; that there are other options available as far as renovating the school, and renovations can be done if those options are considered; that the altemativea have not ~c'.n seriously addressed, and it is very possible that this dilemma can be resolved to include s modern, technologically-ready learning environment for students without ruining s community landmark; and it is recommended that Council hold funding for the project in order to force the School Board to consider alternate designs. (Sea petitions on file in the City Clerk's Office.) Robert E. Zimmerman, 912 Salem Avenue, S. W., read a prepared statement in connection with the demolition/renovation of Stonewall Jackson Middis School. (For full text, see statement on file in the City Clerk's Office.) Pamela Meador, 1525 Wilson Street, S. E., stated that she and many other citizens were given the impression that Jackson Middle School would be renovated, and she is deeply concerned about the razing of the original building at Jackson Middle School; and questioned why the school cannot be renovated instead of razed if other older schools in the City can be renovated. (For full text, see statement on file in the City Clerk's Office.) 111 ACTION: Dr. J~hn R. Kem, 2916 Tree Swallow Road, Roanoke County, representing the State Preservation Office, advised that hie office has not I:--Ch involved in any of the discussions about the proposed razing of Jackson Middle School, but pointed out that in order for the State Prsservation Office to get involved in an environmentel review there is a determination of eligibility, an assessment of impact and a memorandum of agreement between the perdss that are involved in the project; and since there are no Federal funds involved in the project, the Foundation has no jurisdiction in the matter, He etated that the Depe.'b~ent has provided technical assistence to School Boards when requsstod and offered the services of the Stete Preeervation Office in that capacity. Without objection by Council, the Mayor advised that the remarks in connection with the matter would be received and filed. 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 sccounte, was before Council. Grant No. 6933 $7,000.00 for the Bright Stars Planning Grant to assist the school district with the planning and design of a comprehensive preschool program for at-risk four-year-old children. This is a new grant for an on-going program and is funded t00 per cent by Federal funds. Grant No. 6773 - $8,903.00 for the Adult Education in the Jails Program for 1994-95 to provide pass-through funds for instruction to inmates in the Roanoke City and Roanoke County Jails to aid in their acquisition of the GED Certificate. The Program is funded 100 per cent by Federal funds. Grant No. 6931 - $5,000.00 for the Project SUCCESS Program to utilize contributions to establish a joint venture between Roanoke City Schools, area colleges end area btminessss. The Program 112 ACTION: is designed to encourage college preparation for 65 eighth grade students who show academic promise but would be unlikely to consider advanced studies without intervention. This is a new grant for an on- going program. 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 Ot~ica.) Mr. Whito offered the following emergency budget ordinance: (~32483-052295) AN ORDINANCE to emend and reordain certain sections of the 199495 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, pegs 220.) Mr. White moved the adoption of Ordinance No. 32483-052295. The motion was seconded by Ms. Wyatt and sdoptod by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Panott, White and Mayor Bowers ..... 7. NAYS: Nons O. PARKS AND RECREATION-COUNCIL-ROANOKE ARTS COMMISSION-ART ACQUISITION-SISTER CITIES: A communication from Vica-Mayor John S. Edwards in connection with a proposal of the Roanoke Arts Commission to locate a piece of sculpture on Mill Mountain to commemorate the Sister Cities Program, was before Council. The Vice-Mayor advised that the Sister Cities Sculpture Committee of the City of Roanoke Arts Commission has been considering the possibility of locating a piece of sculpture on Mill Mountain to commemorate the Sister Cities Program, in conjunction with the three Sister Cities trees that have been planted on Mill Mountain; that the intent of the sculpture would be to draw attention to 113 ACTION: the Sister Cities Program and to beautify the natural surroundings of the mountain; and the Roanoke Art~ Commission has discussed the concept with representatives of the Mill Mountain Development Committee, the Sister Cities group, Mill Mountain Zoo, the Wildflower Garden and City of Roanoke Parks and Recreation Depa,~,,ent. (For full text, see communication on file in the City Clerk's Office.) Mr. Edwards moved that the matter be referred to the City Manager for review, analysis and report to Council. The motion was seconded by Ms. Wyatt. Mr. McCadden expressed concem that this is not a City project and stated that he feels Council should be provided with additional information from the organization with regard to funding prior to referring the mater fo the City Manager. He stated that he would prefer that the Sister Cities Committee and/or the Roanoke Arts Commission address Council and provide background information on the project rather than having the City Manager perform this task. The City Manager stated that the normal procedure would be for any one of these committees meet with the City Manager and staff to discuss their request in as much as the communication does not contain enough information for him to report beck to Council; however, he would be happy to look into the matter and provide additional information to Council. The motion offered by Mr. Edwards, seconded by Ms. Wyatt, was adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, White and Mayor Bowers 5. NAYS: Council Members McCadden and Parmtt m REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: 114 ACTION: BUDGET-CITY EMPLOYEES-PERSONNEL DEPARTMENT- PERSONNEL LAPSE FUNDS: The City Manager and 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 $766,000.00 are projected as a result of the vacancies. 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 will provide a budget ordinance that encompasses all quarters, eliminates the budgeted lapse amount and adjusts affected departmental operating budgets; and the first quarter net personnel lapse generated was $260,738.00, the second quarter net personnel lapse generstmJ was $263,030.00, and third quarter actual and fou,~;, quarter es§matad personnel lapse generated was $231,232.00, which will be allocated as shown on Attachment A to the joint report. The City Manager and the Director of Finance recommended that Council authorize the transfer of personnel lapse funds from departmental accounts as listed on Attachment A to the report to Personnel Lapse, Account No. 001-002-9410-1090. (For full text, see joint report on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency budget ordinance: (f~32484-052295) 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 222.) Mrs. Bowies moved the adoption of Ordinanca No. 32484-052295. 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 Om 115 BUDGET-NEIGHBORHOOD ORGANIZATIONS-HOUSING/ AUTHORITY-GRANTS: The City Manager eubmittod a written report advising that the 1993 HOME Inveelment Partnerehip Program (HOME) allocation from the Unitad Steres Department of Housing and Urban Development (HUD) was approved by Council on June 28, 1993, pursuant to Resolution No. 315404)62893, with funds appropriated pursuant to Budget Ordinance No. 315394)62893; that the t994 HOME Investment Partnership Program allocation from HUD was approved by Council on August 8, 1994, pursuant to Resolution No. 321424)80894, with funds appropriated pursuant to Budget Ordinance No. 32141- 080894; that of the $498,000.00 HOME funds allocated in the 1993 program year, a minimum of 15 per cent, or $74,700.00, must be given to a Community Housing Development Organization (CHDO) for project costs, and to date, $54,734.00 of 1993 HOME CHDO funds have been awarded to the Northwest Neighborhood Environmental Organization (NNEO), which qualifies as a CHDO; that of the $605,000.00 HOME funds allocated in the 1994 program year, a minimum of 15 per cant, or $90,750.00, must be given to a CHDO for project cesta, and to date, none of the 1994 HOME CHDO funds have been awarded; that the deadline for committing the entire 1993 HOME allocation is May 31, 1995, and after that data, any uncommitted 1993 HOME funds may be recaptured by HUD; that all 1993 HOME funds are committed by contract, with the excaption of $19,966.00 of the CHDO eet-eside funds; and the City has funded 14 rehabilitation or new construction projects in partnership with NNEO through Community Development Block Grant, HOME Investment Partnerships, and City General Funds since t982. It was further advised that the Northweet Neighborhood Environmental Organization has submitted a proposal requesting $39,460.00 in HOME funds; that the scope of services will include the purchase of two vacant houses at 803 and 809 Gilmer Avenue, N. W., which will ultimately be rehabilitated and sold to Iow-to-moderate income homebuyere; that costs will include the purchase of the land and structures, legal fees, title and related acquisition costs, in the amount of $39,460.00; that the period of performance for the agreement shall begin not later than May 31, 1995, and end on, or before, September 30, 1995; that the eubgrantee shall indemnify and hold harmless the City, its officers, agents and employees from any and all claims, liability, causes of actions, suite of any nature, ceste, expenses, including reasonable attorney's fees, resulting from, or arising out of, the subgrentee's intentional or negligent acta or omissions in providing the services under the agreement, including, without limitation, fines 116 and penalties, violation of Federal, State or local laws, or regulations promulgated thereunder, personal injury, wrongful death or property damage claims; that the Director of Finance will certi~ that funding is available prior to executing the agreement on behalf of the City, and no funds will be expended until the agreement is fully executed by both parties; that matching fonds required by HUD will be verified and documented by tho Office of Grants Compliance prior to the release of funds; and the Housing Coordination Team has endorsed the use of HOME fonds for this project. The City Manager recommended that Council approve the following actions: authorize execution of a grant agreement with the Northwest Neighborhood Environmental Organization for the purchase of two vacant houses located st 803 and 809 Gilmer Avenue, N. W., such agreement to be in s form to be approved by the City Attorney; and transfer $39,460.00 of HOME fonds, as follows: $19,966.00 from 1993 HOME CHDO, Account No. 035-052-5301-5238, to 1993 HOME NNEO, Account No. 0354)52-5301-5272; and $19,494.00 from 1994 HOME CHDO, Account No. 0354)52-5302-5238 to 1994 HOME NNEO, Account No. 0354)52-5302-5272. ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following emergency budget ordinance: (~32485-052295) 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 Ho. 97, page 226.) Mr. Edwards moved the adoption of Ordinanca No. 324854)52299. The motion was seconded by Mr. McCadden and adopted by the following vote: 117 ACTION: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowem 7. NAYS: Nono 0. Mr. Edwards offered the following resolution: (#32486-052295) A RESOLUTION authorizing the City Manager to execute a grant agreement with the Northwest Neighborhood Environmental Organization (NNEO), to provide funding for the purchase of two vacant houses located at 803 Gilmer Avenue, N. W., and 809 Gilmer Avenue, N. W., upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 57, page 227.) Mr. Edwards moved the adoption of Resolution No. 32486- 052295. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Membem Wyatt, Bowies, Edwards, McCadden, Pawott, White and Mayor Bowem 7. NAYS: Nono 0. BUDGET-PURCHASE/SALE OF PROPERTY-TRAFFIC EASEMENTS-CONDEMNATiON PROCEEDINGS-BONDS/BOND ISSUES- SIDEWALK/CURB AND GUTTER-PUBLIC WORKS-CAPITAL IMPROVEMENTS-STREETS AND ALLEYS: TheCity Maoagereubmitted a written report advising that the intersection of Hollins Road and Old Mountain Road, N. E., is a location justified for signalization in the City of Roanoke; that the Capital Improvement Program adopted by Council on August 8, 1994, includes a project for the installation of a new traffic signal at the abovedeecribed intersection; and a bond referendum approved by voters on November 8, 1994, approved funding for the Capital Improvements Program. It was further advised that traffic signal plans are currently being developed; that upon completion, the plans will enable the City to begin material requisitions for items such as the traffic signal controller and cabinet, as well as galvanized poles with mast arms which usually require five months for fabrication and delivery; that related underground conduit, pole base work, and roadway widening for a turn lane will need to be contracted out; that the schedule for completion of 118 the Hollin~ Road and Old Mountain Road installation is the end of 1995; that funding, in the amount of $150,000.00, neede to be established in a capital account from the 1996 Bond Issue to enable the abovedescribed purchases and futura contracts; that the City intends to reimburse front-funding with bend funds upon issuance of the 1996 bonds; that Internal Revenue Service regulations (Section 1.150-2) require that the City decisra its intent to reimburse itself $150,000.00 from procccds of its 1996 General Obligation bonds; that a right-of-way will need to be acquired from Singer Furniture Company (Official Tax No. 3140301) for intersection widening that will allow a left-turn lane to be constructed, which would consist of a 2,430 square foot area for public right-of-way and an adjoining 5,314 square foot temporary construction easement; end in the event that the property cannot be acquired through donation, acquisition coats will not exceed $5,000.00. The City Manager recommended that Council concur in the following actions: appropriate $150,000.00 from the Streets and Sidewalks Category of the 1996 Bond Issue into a new account in the Capital Projects Fund entitled, "Traffic Signals - Installation of New Signals"; adopt the appropriate resolution indicating the City's intent to reimburse front-funding with bond proceeds upon sale of the 1996 bonds; and authorize acquisition of a 2,430 square foot area for public right-of-way and an adjoining 5,3t4 square foot temporary construction easement from Singer Furniture Company (Official Tax No. 3140301) by making offers based on an appraisal not to exceed $5,000.00 and providing for the City Attorney to have authority to institute condemnation proceedings as necessary. (For full text, see report on file in the City Clerk's Office.) Me. Wyatt offered the following emergency budget ordinance: 119 ACTION: (~32477-052295) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Capital Projecte Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 212.) Ma. Wyatt moved the adoption of Ordinance No. 32477-052295. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, Wttite and Mayor Bowers 7. NAYS: Nono 0. Ms. Wyatt offered the following resolution: (#32478-052295) 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 a traffic signalization project at the intersection of Hollins Road, N. E., and Old Mountain Road, N. E., in the City of Roanoke; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 57, page 213.) ACTION: Ms. Wyatt moved the adoption of Resolution No. 32478-052295. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, Wltite and Mayor Bowers 7. NAYS: None O. Ms. Wyatt offered the following emergency ordinance: (#32479-052295) AN ORDINANCE providing for the acquisition of certain property rights needed by the City for the intersection widening in connection with the installation of a traffic signal at the intersection of Hollins Road and Old Mountain Road, N. E.; setting a 120 ACTION: certain limit on the consideration to be offered by the City; providing for the City's acquieition 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 2t4.) Ms. Wyatt moved the adoption of Ordinance No. 32479-052295. The motion was seconded by Mrs. Bowies and adopted by the following voto: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers 7. NAYS: None O. TRAFFIC-SEWERS AND STORM DRAINS-EASEMENTS-BONDS/ BOND ISSUES-PUBLIC WORKS-CAPITAL IMPROVEMENTS PROGRAM- WATER RESOURCES-EQUIPMENT-STREETS AND ALLEYS: The City Manager submitted · written report advising that at its meeting on June 17, 1985, Council unanimously approved Resolution No. 27613, which requested that the Virginia Deperiment of Transportation (VDOT) program a project to extend Peters Creek Road from Melrose Avenue, N. W., to Brandon Avenue, S. W.; that the project, which is consistent with the t995-2015 Roanoke Valley Area Long Range Transportation Plan, was subsequently included in VDOT'$ Six-Year Highway Improvement Program; that a location public hearing was held on December 14, 1988, regarding the alternative alignments; that evaluation of information received at the public hearing led the City to seek VDOT'e assistance in employing an individual to lead a conflict resolution process consisting of representatives from the Greater Deyerie Neighborhood Associates, VDOT and the City; and on March 5, 1990, Council approved the alignment as shown on Attachment I to the report. It was further advised that the purpose of the highway project is to provide for the efficient and rapid movement of traffic between the north and south ends of the wsstem half of the City, which will provide the only crossing of the Roanoke River and Norfolk Southem Railway between Shaffer's Crossing and Route 419; that the improved access will enhance mobility for emergency vehicles, City services, economic development, redevelopment, and the general public; that traffic volumes are expected to average 24,500 vehicles per day upon completion and 37,260 vehicles per day in 2016 (traffic volume on existing Peters Creek Road, north of Melrose Avenue, was 21,000 vehicles per day in 1994); that the proposed design of the entire project consists of four lanes along the 2.3 mile reuto; that a median of varying widths (three to sixtesn feet) will be landscaped, with concrete curb and gutter to be constructed along beth sides of the entire route; that sidewalks will be constructad along the entire length of the east side of the roadway; that the west side will have sidewalks north of Salem Tumpike and south of the new bridge over the Roanoke River; that the intersections of Peters Creek Road at Salem Turnpike, Shenandoah Avenue and at Aerial Way Drive will be signalized; that the speed limit will be signed at 40 miles per hour from Melrose Avenue to the new bridge over the Roanoke River, and then 35 miles per hour from that bridge to Brendon Avenue; that at its meeting on July 13, 1992, Council approved the major design features of the proposed project, pursuant to Ordinance No. 31104-071392; and the Commonwealth Trensportation Board approved the location and major design features of the proposed project subsequent to approval by Council. It was explained that bids for Phase I project construction, Melrose Avenue to Shenandoah Avenue, ware received by VDOT on March 28, 1995, and on April 20, t995, the Commonwealth Transportation Boa.rd awarded .a contract, in the amount of $9,561,.590.39, to Englmh Construction Co., Inc.; that Petore Creek Roa. d Extension (Phase II) from Shenandoah Avenue to Brendon Avenue is tentatively scheduled to be advertised for construction by the end of 1995; that Brendon Avenue widening from Edgewood Street to Kesgy Road is scheduled for advertisement in early t996; that the Brandon Avenue widening will be completed before the Petsre Creek Road Extension is opened to Brendon Avenue; and the City needs to execute the City-Stats Agreement (Attachment II to the report) before VDOT will allow English Construction Co., Inc., to begin construction. It was pointed out that the City's share of the coat for the project is $642,965.69; that as of December 31, 1994, the City has paid $170,963.27 toward the total for preliminary engineering and right-of- way costa, which leaves a balance of $472,002.42 needed for the City's share of the remaining estimated costs; that included within the project is additional replacement, realignment and upgrade of existing water and sanitary sewer lines that would not ordinarily have bccn performed as part of the roadway project, with the betterment portion of the improvement to be a City expense; that at the request of the City, certain additional water and sewer lines are in the process of being added to the project, therefore, a change order will be necessary in the 122 ne.ar future, in--much ee ~. water ,nd sewer l,nee basic,l!.y., run adjacent to the roadway ,mprovemente; and that an add,Uonal $20,000.00 Ls needed for eepireto purohaee of three new traffic signal controller& and oabinete which will meet specialized City standards, for the intereeotions of Peter~ Creek Road at Melrose Avenue, Peters Creek Road it Salem Turnpike, and Peters Creek Road at Shenandoah Avenue. The City Manager recommended that Council concur in the following actions: authorize execution, on behalf of the City, the City-State Agreement, in, form to be approved by the City Attorney; authorize execution, on behalf of the City, ,II utility agreements for adjustment of water and sewer facilitiee for the project; appropriate $283,474.26, front-funded from the Streets and Sidewalk8 Category of the 1996 Bond Issue, into Peters Creek Road Extension, Account No. 008-052-9595-9003; appropriate $31,589.79 from Water Fund Previous Years' Retained Earnings and $176,938.37 from Sewage Fund Retained E,ming8 to accounts to be established in those funds by the Director of Finance; and adopt the appropriate resolution indicating the City's intent to reimburse the front-funding with bond proceeds upon sale of the 1996 bonds. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~32480-052295) AN ORDINANCE to amend and r. ordain certain sections of the 1994-95 Capital .Projects, Water and Sewage Treatment Fund Appropriations, and prov,ding for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 216.) 123 ACTION: Mr. Perrott moved the adoption of Ordinance No. 32480-052295. The motion wes seconded by Mr. White end adopted by the following voto: AYES: Council Members Wyatt, Bowies, Edwards, McCedden, Parrot'c, White end Mayor Bowers 7. NAYS: Nono 0. Mr. Perrott offered the following resolution: (#32481-052295) 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 Phase I of the Peters Creek Road Extension Project, in the City of Roanoke; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 57, page 2t8.) ACTION: Mr.. Parrott moved the adoption of Resolution No. 32481-0522.95. The motion wes seconded by Mr. White and adopted by the follo~nng vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers 7. NAYS: Nono 0. Mr. Parrott offered the following resolution: (#32482-052295) A RESOLUTION authorizing the acceptance and execution of the agreement between the City end the Commonwealth of Virginia, Depa, l.,,ent of Transportation, as well as all utility agreements for adjustment of weter end sewer facilities, in connection with Phase I of the Peters Creek Road Extension Project (Project No. 0117-128-F01, PE-t02, RW-201, C-50t, B-603, B-604, B-605); providing for the allocation of the City's remaining share of the project cost; upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 57, page 2t9.) 124 ACTION: Mr, Parrott moved the adoption of Resolution No. 32482-052295. The motion wes seconded by Mr. White and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers 7. NAYS: Nono 0. PURCHASE/SALE OF PROPERTY-SEWERS AND STORM DRAINS-EASEMENTS-CONDEMNATION PROCEEDINGS-PUBLIC WORKS-WATER RESOURCES: The City Manager submitted a written report with regard to the Infiltration/Inflow Reduction Program that made reference to a report of the Water Resources Committee under date of January 23, 1995, which report advised that the City of Roanoke, Roanoke County, City of Salem, Town of Vinton and Botetourt County received a Special Consent Order from the State Water Control Board in June, 1992, to address the infiltration/inflow (14) being experienced at the Water Pollution Control Plant; that the Sewershed Evaluation Plan wes submitted to the State Water Control Board on September 9, 1992; that correcting problems in six of the 15 sewersheds identified was deemed to be the moat coat-effective and would have the most significant impact on reducing 14 to the plant; that a consultant contract awarded at the regular meeting of Council held on March 8, 1993, 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 previously under construction, PC-I and PC-2, have been completed. It was further advised that six projects ara 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 125 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 easements. The City Manager advised that the following property owners wore included in the original report; however, these owners each have more than one parcel over which the City requires property rights, and only one tax number was listed for each, and without City Council approval as to each parcel, acquisition of the needed property rights cannot be concluded, and recommended that Council authorize acquisition of permanent and tomporery construction easements as required across the following properties by making offers based on appraisals and instants condemnation if necessary: Official Tax No. H. Donald & Betty F. Thacker Clinton H. Mille Wayne M. & Katherine F. McGhee Wayne M. & Katherine F. McGhee I W.R. & Sharon A. Sowers . Roanoke Electric Steel Corporation 4290106 4290303 4290319 4290321 4300136 6021103 (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency ordinance: (f/32487-052295) AN ORDINANCE providing for the acquisition of property rights needed by the City for the construction of the Infiltration/Inflow Reduction Program; 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 parcels for the purpose of commencing the project; and providing for an emergency. (For full toxt of Ordinance, see Ordinance Book No. 57, page 228.) ACTION: Mrs. Bowies moved the adoption of Ordinance No. 32487-052295. The motion was seconded by Mr. McCadden and adopted by the following vote: 126 AYES: Council Membere Wyatt, Bowles, Edwards, McCadden, Parrott, White end Mayor Bowere 7. I NAYS: None 0. BUDGET-BUILDINGS/BUILDING DEPARTMENT-NUISANCES: The City Manager submitted a written report advising that dilapidated buildings determined to be public nuisances end hazards are ordered by the City to be demolished by their owners; that the City pays for demolition if the property ownere cannot be identified or located to be prosecuted in court or are indigent; that ownere are billed and · lien is recorded against the property for the costs of the demolition; and 24 such buildings have bccn razed by the City thus far in fiscal year 1994- 95, at a cost in excess of $198,000.00, with six additional buildings under contract to be demolished using supplemental Generel Funds appropriated by Council on Monday, May 8, 1995. It was further advised that 12 additional buildings have been condemned by the Roanoke City Building Department for demolition whose ownere cannot be compelled immediately to remove the buildings because they cannot be identified or located, ere indigent, cannot be served with court papere, or various other reasons; and five of .~e 12 abovedeecribed buildings are considered critical by the Building Commissioner due to their hazardous condition, with the cost of the demolition expected to total approximately $35,000.00. The City Manager recommended that Council concur in the following actions: transfer $35,000.00 from Generel Fund Contingency, Account No. 001-002-9410.2199, to Demolition, Account No. 001-052-3410-7500; and authorize the City Manager to execute individual contracts for the demolition of specific buildings declared by the Building Commissioner to be public nuisances end unsafe, in accordance with the Virginia Building Maintenance Code. (For full text, see report on file in the City Clerk's Office.) 127 Mrs. Bowles requssted that Council be provided with a listing of the buildings that are being demolished or are considered to be unsafe; whereupon, Mr. Clark advised that he would provide this information to Council. Mr. McCadden inquired aa to whether the demolition of any of these building is being protested; whereupon, the Building Commissioner stated that some demolitions are protested, although owners are given every opportunity to raze the buildings, and in the case of fire damage, some buildings must be demolished on an emergency basis. The City Manager advised that this is an item that is under the full authority of the Building Commission when he makes a finding that there is an eminent public threat; if there is a danger of collapse and public safety is at some risk, those situations are dealt with immediately with the property owner typically being given the opportunity to go ahead and demolish the building; however, frequently, the property owner is not just unwilling but financially unable or perhaps an absentee owner. IMr. McCadden inquired ss ~ the right of appeal for the po..m.o, os who .do protest the d.emol,tioos; whereupon, the Bu,ld,ng Comm,ssioner advised that ;n non.emergency cases, the owners have the right to appeal to the local Board of Building Code Appeals. Mr. McCadden requested that Council be provided with a list of those persons who are protesting the demolitions. Mrs. Bowies offered the following emergency budget ordinance: (f/32488-052295) 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 229.) ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32488- 052295. The motion was seconded by Mr. McCadden and adopted by the following vote: 128 AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, Whita and Mayor Bowers. 7. I NAYS: Non: O. TAXES-COMMISSIONER OF REVENUE-EMERGENCY MEDICAL SERVICES: The City Manager submitted a written report advising that his report to Council on May 16, t994 with regard to an incentive program for Emergency Medical Services (EMS) volunteers was referred to the City Manager and Commissioner of the Revenue for further study, report and recommendation to Council; that the Fire/EMS Strategic Planning Process that commenced in the spring of 1994 was aimed at shaping the futura of fire and emergency medical services for the City of Roanoke; that the Strategic Plan for Firs and EMS presented to Council on February 13, 1995, recommended a continuing role for EMS volunteers and identified that a program is needed to recognize, motivate and reward voluntsera; that on February 13, 1995, Council adopted a Resolution recognizing the vital role played by EMS voluntesra and encouraged volunteers to continue to provide valuable services to the citizens of the City, and authorized the City Manager to take necessary and appropriate steps to accomplish the objectives of the resolution; that recruitment and retontion efforts to maintain volunteer manning levels continue to be a challenge; and economic changes, increased exposure to infectious disease, violence toward EMS providers and significant training requirements result in declining volunteer resources etatawide, with the City of Roanoke being no exception. It was further advised that Roanoke Emergency Medical Services, Inc. (REMS) memberahip has steadily declined from 110 voluntsera in 1989. to 62 in 1995, which results in an increased cost to the C. ity to prov,de the essential service; that of the current membersh,p, 30 volunteers "actively" participate and would meet requirements to receive incentives; and many of the active members reside in surrounding jurisdictions and volunteer in the City to gain experience in a busy system, with an active member defined as follows: an individual who coneistsntiy and routinely meets the expectations of membership which consist of working a duty shift (12 hour shift every sixth day) and attending the monthly business and training meetings, (or) 129 an' individual in an administrative volunteer position for REMS who provides numerous hours necessary for efficient operation, i.e., President, Operations Officer, Equipment Officer, etc., and administrative officers must document 12 hours per week in order to qualify for incentives. It was explained that a sub-committae of the Fire/EMS Strategic Planning Team appointed by the Director of Public Safety has carefully reviewed the Issue of volunteer incentives; that other localities were contacted to determine incentives offered to EMS volunteers throughout the State; that ssveral jurisdictions offer a free decal and reduced tax rate on personal property (one vehicle registered to volunteer); that Attachment A to the City Manager's report outlines incentives provided by other jurisdictions; that Sections 58.1-3506~. (13) and 46.2-752.A.2 of the Code of Virginia (1950), as amended, provide for 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; that "no charge" decals are issued to City of Roanoke residents who ars ex-prisoners of war and/or disabled veterans, and members of the National Guard receive I vehicle decals at half price; and. eligi.bility guidelines have been established for volunteers to earn incentives, pursuant to Attachment B to the report. The City Manager recommended that Council authorize raimburaement for the cost of one vehicle decal and up to $500.00 maximum on personal property tax on one vehicle which is registered to any active Roanoke Emergency Medical Services members regardless of their residing jurisdiction, which vehicle must be regularly used by such member to respond to EMS calls or to perform other EMS duties; and funds totalling $10,000.00 were approved by Council on May 8, 1995, in the 1995-96 fiscal year budget. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following resolution: (#32489-052295) A RESOLUTION authorizing the Director of Finance to reimburse the cost of one (t) motor vehicle decal and an amount equal to up to Five Hundred Dollars ($500.00) of the personal 130 ACTION: property tax paid on said vehicle which is registered to any active member of Roanoke Emergency Medical Services, Inc., upon certain terme and conditions. (For full text of Resolution, see Resolution Book No. 57, page 230.) Mr. Edwards moved the adoption of Resolution No. 32489- 052295. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Boware .... 7. NAYS: None e BUDGET-HUMAN DEVELOPMENT-GRANTS-YOUTH: The City Manager submitted a written report advising that the City of Roanoke has received funds from the Department of Youth and Family Services to administer a Family Oriented Group Homes (FOGH) program for local children in need of therapeutic residential placement while staying in their parents' custody; that the program is administered through the Crisis Intervention Center and is known as the Sanctuary-Family Oriented Group Homes program; that currently, there are two FOGH homes open, which are operating at 100 par cent capacity; that the Department of Youth and Family Services provides funding in the form of an annual block grant to administer the Sanctuary-FOGH program; and funds, in the amount of $31,886.00, from the Department of Youth and Family Services for fiscal year 1994-95 have not bccn appropriated. The City Manager recommended that Council appropriate $31,886.00 for use by the Sanctuary-Family Oriented Group Home Program, Account No. 001-054-3361-3160, and increase the General Fund revenue estimate. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (~32490-052295) 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 231.) 131 ACTION: Ma. Wyatt moved the adoption of Ordinance No. 32490-052295. 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: Nono 0. DONATIONS/CONTRIBUTIONS-HUMAN DEVELOPMENT-CITY GOVERNMENT-ORGAN/TISSUE DONATION: The City Manager submitted a written report advising that approximately 38,000 persona ars currently on a waiting list in the United States to receive organ and tissue donations and transplantations; that sta'dstica received from the United Network for Organ Sharing (UNOS) indicate that there were 40,147 donors, which resulted in 92,619 transplanted organs in the United States in the pest five years; that patients on the waiting list for organ transplants have increased 108 per cent and the median waiting time increased for moat patients; that the total deaths for persons on the solid organ transplant waiting list increased 98 per cent from 1988 to 1993; and statistics clearly establish a dramatic need for increased I awareness, coordination and education to stimulate action on organ and b.'esu.e donations, as well as kno...wledge of transplantation*' before the situation becomes even more critical. It was further advised that Fairfax County, Virginia, has established a volunteer Commission on Organ and Tissue Donation and Transplantation and is urging other local governments to implement a similar local commission; that the Roanoke County Board of Supervisors has resolved to support the formation of a regional commission on organ and tissue donation and transplantation and has requested pe~cipation from all localities in the Fifth Planning District; that the Cities of Salem and Clifton Forge and the Town of Vinton have adopted resolutions in support of a commission; and the Carilion Transplant Center at Roanoke Memorial Hoapital and the Virginia Organ Procurement Agency have offered assistance in planning and establishing the commission. The City Manager recommended that Council adopt a resolution in support of the formation of a regional commission on organ and tissue donation and transplantation. (For full text, see report on file in the City Clerk's Office.) 132 ACTION: Mr. Edwards offered the following resolution: (~32491-052295) A RESOLUTION supporting the formalization of a regional commission on organ and tissue donation and transplantation. (For full text of Resolution, see Resolution Book No. 87, page 232.) Mr. Edwards moved the adoption of Resolution No. 32491- 052295. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Membere Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers 7. NAYS: None ..... Ow ZONING: The City Manager advised that on May 8, 1995, Council considered a request of Berglund Chevrolet, Inc. to rezone three tracts of land located on the north side of Maddock Avenue, N. W., described as Official Tax Nos. 3080812, 3080813 and 3080814, from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District, and that a 150-foot section of Meddock Avenue, extending in a westerly direction from Williamson Road, located between lots bearing Official Tax Nos. 3080901, 3080903, 3080812 and 3080814, be permanently vacated, discontinued and closed, and since that time it has come to his attention that there was certain information pertaining to this request that the City Planning Commission had full knowledge of which may not have been included in the report presented to City Council on May 8; therefore, he did not feel confident that the information was fully communicated to Council. He stated that in an effort to be fair, this information should be shared with the Council in its complete form, and called upon John Marllee, Chief of Community Planning, to present the additional information to Council. Mr. Marilee advised that Berglund Chevrolet has been located at its current location since approximately 1970 and there have been six rezoning and four street closing requests for portions of Meddock Avenue since 1970; that ss an expending business, Berglund has been trying to address its needs by acquiring property in the area and seeking rezonings and street closings in an attempt to accommodate the expending businees; that the incremental nature in which Berglund has sought these requests has created concern among residents, the 133 Planning staff, the City Planning Commission and City Council; that in response to concerrm raised by residsnto in the 1993 razoning, Gouncil deferred taking action st its November t993 meeting and requested that the Planning staff hold neighborhood meetings to address those concerns; that the outcome of that neighborhood meeting in December 1993 was that Berglund Chevrolet agreed not to essk any additional rezoninge beyond Noble Avenue, and this understanding was considered by the Planning staff and City Planning Commission when they made the recommendation both in 1993 and in 1994, when two additional Iota ware razoned on the south side of Msddock Avenue. With respect to the most current rezoning request which was considered by Council on May 8, 1995, Mr. Mariles stated that it involved three lots located on the north side of Msddock Avenue, and the Planning staff and City Planning Commission both recommended approval of these three lots for rezoning to C-2, General Commercial District, with the understanding that the rezoning of these three lots would be consistent with the agreement that cams out of the December 1993 neighborhood meeting; that another consideration the City Planning Commission and Planning staff took into account was the zoning pattam in this area leaving three residential Iota surrounded by LM to the west, C-2 to the south and C-2 to the east which did not make these lots viable for ~sidenb.'al development; and one other issue which came out of the drscuss,on at the December 1993 neighborhood meeting was that in addition to the understanding that no additional rezonings would take place noftl', of Noble Avenue, the residents in the neighborhood ware concerned that any future rczonings involving any lots on Noble Avenue take into account the residential nature of the neighborhood on the north side of Noble Avenue, and concema expressed by residents st that time were that any future rezonings address issues such ss buffering and screening, landscaping, access onto Noble Avenue, ss well aa lighting and noise impact. Mr. Marlles reiterated that based on the fact that these were the only three lots requested for rezoning, the City Planning Commission and Planning staff felt the request was with the understanding that came out of the December 1993 meeting as wall as consistent with the Comprehensive Plan; therefore, the Planning staff and City Planning Commission recommended approval to City Council for the rezoning and street closing requests. 134 ACTION: ACTION: Mr. McCadden inquired as to whether Berglund's rezoning request in 1993 also addressed Cour~and Road, N. W.; whereupon, Mr. Mariles advised that Courtlsnd Road was less of a concem because the City owns a Fire Station on Courtlsnd Road and the Public Works Service Center is located along that boundary, so essentially it is not possible to encroach any further in that direction without acquiring land from the City of Roanoke; and the main focus in 1993 was preventing or discouraging any further commercial encroachment north of Noble Avenue. Mr. Mariloa explained that the results of the December 1993 neighborhood meeting ware communicated to Council in the City Planning Commission report in 1994; however, this reference was deleted in the Planning Commission report to Council on May 8, 1995 on the currant rezoning request, basically because the matter wss only dealing with these three lots and the Planning staff and Planning Commission did not feel this would be an issue. Mrs. Bowies moved that Council reconsider the request of Berglund Chevrolet, Inc., to rezone three tracts of land located on the north side of Maddock Avenue, N. W., described es Official Tax Nos. 3080812, 3080813 and 3080814, from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial DlstricL The motion was seconded by Ms. Wyatt and unanimously adopted. Mm. Bowies moved that the following ordinance be placed upon its first reading: (#32492) 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. 57, page 236.) 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 135 ACTION: STREETS AND ALLEYS: Mrs. Bowies moved that Council reconsider the request of Berglund Chevrolet, Inc., that a 150-foot section of Meddock Avenue, N. W., extending in a westerly direction from Williamson Road, located between lots bearing Official Tax Noa. 3080901, 3080903, 3080812 end 3080814, be permanently vacated, discontinued and closed. The motion was seconded by Ms. Wyatt and unanimously adopted. ACTION: Mrs. Bowies moved that the following ordinance be placed upon its first reading: (~32493) 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. 57, page 238.) The motion was seconded by Ma. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, i Parrott, White and Mayor Bowers 7. NAYS: None .. 0. DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of April 1995. (For full text, see financial report on file in the City Clerk's Office.) ACTION: Without objection by Council, the Mayor advised that the financial report would be received and filed. CITY ATTORNEY: CITY CODE-INSURANCE-CITY EMPLOYEES-FLEET MAINTENANCE FUND: The City Attorney submitted a written report advising that Section 2-36 of the Code of the City of Roanoke (1979), as amended, required that an employee who claims reimbursement from the City for use of a privately-owned motor vehicle in the conduct of 136 City bus!ness shell maintain liability Insurance coverage at certain levels w,th respect to such vehicle; that Glenn A. Asher, Risk Management Officer, has advised that the employee's personal motor vehicle liability insurance coverage is always primary and has recommended that the requirement of personal motor vehicle liability insurance coverage be retained; that the requirement that each employee claiming reimbursement maintain on file wfth the Director of Finance a current certificate of insurance and that the policy will not be cancelled without ten days written notice to the Director of Finance has proven administratively difficult to enforce; that unbeknownst to the .Director of Fi.nance, an employee may change automobiles or ,nsursnce camere, and no new certificate may be issued; that in addition, insurance carriers frequently fail to issue a notice of cancellation to the Director of Finance; that another problem with the current Code provision is that insurance carriers sometimes erroneously believe that the City seeks to be named as an additional insured and subsequently, an additional premium charge may be imposed on our employees; that it is his opinion that the City, which is self-insured as to motor vehicle liability, should maintain its requirement that employees who seek to be reimbursed for use of their private motor vehicles in conduct of City business maintain personal motor vehic!e, liability coverage, however, he recognizes that the current prows,one of Section 2-36 ara difficult to enforce. The City Attomey recommended amendment of Section 2-36, of the Code of the City of Roanoke (1979), as amended, to delete the requirement that employees produce a certificate of insurance from their insurance carrier and replace this prevision with the requirement that employees claiming reimbursement for use of a private motor vehicle in the conduct of City business make written certification that the motor vehicle for the use of which reimbursement is sought was at all applicable times covered by the required insurance; that the requirement could be printed on the expense voucher form; and an employee would make certification as to insurance on each occasion for which reimbursement is sought, with any false representation making the employes subject to appropriate discipline. (For full text, see report on file in the City Clerk's Office.) 137 ACTION: Mrs. Bowies offered the following emergency ordinance: (f/324944)52295) AN ORDINANCE amending subsscfion (a) of§2- 36, Same - liability insurance. Code of the City of Roanoke (1979), as amended, to provide that officers and employees of the City who use private motor vehicles in the conduct of City business shall make written certification that personal motor vehicle coverage at certain levels is being maintained with respect to such motor vehicle in lieu of the current requirement that a cerdflcata of the applicable motor vehicle liability irmursnca carrier be produced; and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 57, page 233.) Mrs. Bowies moved the adoption of Ordinance No. 32494-052295. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers 7. NAYS: Nono 0. REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: INSURANCE-PARKS AND RECREATION-ARMORY/STADIUM- SPORTS COMPLEX-SPECIAL PERMITS-LEASES: Ordinance No. 32448 authorizing the proper City officials to entar into a lease agreement between the City and Rush Entertainment Group, Inc., for use of Victory Stadium by the Roanoke Rush semi-professional football team, and authorizing the reduction of rental fees for the 1995 season only, upon certain terms and conditions, having previously bccn before the Council for its first reading on Monday, May 8, 1995, 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: 138 ACTION: · (#32448-052295) AN ORDINANCE authorizing th.e. proper City into a lease agreem.e, nt between the C~ty and Rush Ofi:iClalS enter Entertainment Group, Inc., for use of V,ctory Stadium by the Roanoke Rush semi-professional football team, authorizing the reduction of rental fee~ for the t995 season only, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 57, page 204.) Mr. INhite moved the adoption of Ordinance No. 32448-052295. 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 O. CITY CODE-TAXES-DISABLED PERSONS: Ordinance No. 32469 amending and reordaining Section 32-86, ~ Code of the City of Roanoke (1979), as amended, by adding a new subsection (d) increasing from $24,000.00 to $26,000.00 the total combined annual income threshold for qualification for real estate t~. exemption for elderly and disabled persons for the tax year com..menc,ng July 1, 1996; and amending current subsection (d) of Section 32-86, ~ ~ to redssignate such subsection as subsection (e), having previously been before the Council for its first reading on Monday, May 8, 1995, 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: (#32469-052295) AN ORDINANCE amending and reordaining Section 32-86, Ei~ Code of the City of Roanoke (1979), as amended, by adding a new su.b?.ection (d) . increasing from $24,000.00 to $26,000.00 the total comb,ned annual ,ncome threshold for qualification for real estate tax exemption for elderly and disabled persons for the tax year commencing July 1, 1996; and amending current subsection (d) of Section 32-86, Financial elia_ibili~, to redeeignate such subsection as subsection (e). (For full text of Ordinance, see Ordinance Book No. 57, page 205.) 139 ACTION: Mr. Edwards moved the adoption of Ordinance No. 32469-052295. The motion wes 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. CITY CODE-TAXES-SPECIAL PERMITS-EMERGENCY SERVICES: Ordinance No. 32471 amending and reordaining Section 32-275, ~ and Section 32-276, Tax levied: amount, of the Code of the City of Roanoke (t979), aa amended, to conform the definitions of certain terms to the Cede of Virginia and to provide for an increase in the special tax imposed on the consumers of telephone service to offset coats attributable to the enhanced 9-t-1 Emergency Telephone System; and providing for an effective date, having previously been before the Council for its first reading on Monday, May 8, 1995, 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: I! (#32471-05229.5.! AN ORDIN.A. NCE amending and reordaining Section 32-275, Defin,tions. and Section 32-276, ' · of the Code of the City of Roanoke (1979), aa amended, to conform the definitions of certain terms to the Cede of Virginia and to provide for an increase in the special tax imposed on the consumers of telephone service to offset costs attributable to the enhanced 9-1-t Emergency Telephone System; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 57, page 206.) ACTION: Mr. Edwards moved the adoption of Ordinance No. 32471-052295. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers 7. NAYS: None 0. 140 ACTION: ZONING: Ordinance No. 32473 to amend Secfion 36.1-3, Code of the City of Roanok.e (1979), aa amended, and Sheet No. 219, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant, having previously been before the Council for its first reading on Monday, May 8, 1995, 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: (~32473-052295) AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as emended, end Sheet No. 219, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 57, page 206.) Mr. White moved the adoption of Ordinance No. 32473-052296. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Edwards, McCadden, Parrott, White ,nd Mayor Bo. were. (~' I HAYS: Council Member Bowies. t. ZONING: Ordinance No. 32474 to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 605, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant, having previously been before the Council for its first reading on Monday, May 8, 1995, 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: (#32474-052295) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (t979), as amended, and Sheet No. 605, Sectional t976 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. 57, page 209.) 141 ACTION: Mr. White moved the adoption of Ordinance No. 32474.052295. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Member~ INyatt, Bowles, Edwards, McCadden, Parrott, INhite and Mayor Bowere 7. NAYS: None ...... 0. ZONING: Ordinance No. 32475 to amend §36.t-3, Code of the City of Roanoke (t979), es amended, end Sheet No. 715, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant, having previously been before the Council for its first reading on Monday, May 8, 1995, reed 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: (~32475-052295) AN ORDINANCE to amend §36.t-3, Cede of the City of Roanoke (1979), as amended, and Sheet No. 715, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. I (For full text of Ordinance, see Ordinance Book No. 57, page 2tt.) ACTION: Mrs. Bowies moved the adoption of Ordinance No. 32475-052295. 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. ACTS OF ACKNOWLEDGEMENT-COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: Mr. White offered the following resolution recognizing end commending the meritorious services rendered to the City by James G. Harvey, II, Chairman, Hotel Roanoke Conference Center Commission: 142 ACTION: (#32495-052295) A RESOLUTION recognizing and commending the meritorious services rendered to the City by Jamee G. Harvey, II, Cha;~i~an, Hotel Roanoke Conference Center Commission. (For full text of Resolution, see Resolution Book No. 57, page 235.) Mr. White moved the adoption of Resolution No. 32495-052295. The motion was seconded by Mm. Bowles and adopted by the following vote: Parrott, White and Mayor Bowers . NAYS: None MOTIONS AND MISCELLANEOUS BUSINESS: None. AYES: Council Members Wyatt, Bowles, Edwards, McCadden, 7. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: TAXATION-FESTIVAL IN THE PARK-ITINERANT MERCHANTS: Mr. White stated ..~.at Council should plan to discuss the issue which arose recently w~th regard to taxation of vendors for Festival in the Park, and the role of the Commissioner of the Revenue in this regard; that the Commissioner of the Revenue is charged by the State Constitution with collecting taxes and City Council is charged with setting and overseeing enforcement of laws for the City of Roanoke; that this taxation law is contained in the City Code and he is not aware of any action by Council to abandon enforcement of this tax; that if the City has bad laws, they need to be rewritten, and if not, we need to have clear policies with proper enforcement; and he feels Council needs to have a report from the administration on this matter so that work may begin to review it. The Mayor publicly commended the Commissioner of the Revenue for her efforts in this regard, and advised that he has discussed this matter with the Director of Finance and a report to Council will be forthcoming from the City administration. Mr. Edwards requested a clarification with regard to the license tax amount/tax levy; whereupon, the City Attomey advised that it is not a question of waiving or not enforcing s tax, rather it is a question of · 1 143 ACTION: ACTION: ACTION: what "pigeon hole" these merchants fit into, and it is an issue of interpretation. He stated that the matter will be thoroughly reviewed and a report will be brought beck to Council. BUILDINGS/BUILDING DEPARTMENT-NUISANCES: Mr. Parrott referred to Council's earlier discussion with regard to demolition of unsafe buildings, and stated with regard to efforts to rehabilitate, demolish or develop property in the City, he feels certain criteria should be ssteblished ahead of time before people start to invest money in developing property, buildings, etc. Without objection by Council, the Mayor advised that the remarks of Mr. Parrott would be received and filed. ECONOMIC DEVELOPMENT-MISCELLANEOUS: Mr. Parrott advised Council of the opening of a new bank in downtown Roanoke, Valley Bank, which opened on May 22, 1995. Without objection by Council, the Mayor advised that the remarks of Mr. Parrott would be received and filed. OTHER HEARINGS OF CITIZENS: None. At 4:48 p.m., the Mayor declared the meeting in recess. At 5:39 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and ell 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 F~cdom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session wes 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, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers 7. NAYS: Nor. c O. 144 There being no further business, the Mayor declared the meeting adjourned at 5:40 p.m. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk David A. Bolero Mayor 145 REGULAR WEEKLY SESSION ROANOKE CiTY COUNCIL June12,1995 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, June 12, 1995, at 3:00 p.m., the regular meeting hour, with Vice-Mayor John S. Edwards presiding, pursuant to Rule 1, Re_eular Meefin_es. of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Elizabeth T. Bowles, Delvis O. McCadden, John H. Parrott, William White, Sr., Linda F. Wyatt and Vice-Mayor John S. Edwards 6. ABSENT: Mayor David A. Bowers OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant C;ty A?..omey; Michael R. Crew, Manager of Accounting Serv,ces; and Assistant Ci~ Manager; Wilbum C. Dibling, Jr., City Attorney; Gary E. Teg. enkamp, Mary F. Parker, C,ty Clerk. The meeting was opened with a prayer by Vice-Mayor Edwards. In recognition of Flag Day which was observed on Wednesday, June 14, 1995, the Presentation of Colors was led by Honor Guards representing the Roanoke City Fire Department, Police Department and Sheriff's Department. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Edwards. ACTS OF ACKNOWLEDGEMENT-HUMAN DEVELOPMENT: Council Member Elizabeth T. Bowles advised that on behalf of the Mayor, on May 15, 1995, she accepted an Outstanding Service Award from the Commonwealth of Virginia Department of Social Services in recognition of the City's participation in Project Self-Sufficiency. She explained that Project Self-Sufficiency has helped over 200 AFDC recipients by addressing educational, vocational and housing needs. Glenn D. Radcliffe, Director of Human Resources, accepted the i award on behalf of the Mayor's Task Force for Project Self-Sufficiency. 146 ACTION: ACTION: ACTION: CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to one request for an Executive Session to discuss use of real property for public purposes, specifically the terms and conditions of use of a City-owned building. Mr. McCadden requested that Consent Agenda Item C-2, a joint communication from Mayor David A. Bowers and C. Nelson Harris, Chairman of the Roanoke City School Board, with regard to development of an ice rink at a City location in the event the proposed Northside High School location in Roanoke County is not feasible, be removed from the Consent Agenda for discussion. Mr. McCadden also requested that Consent Agenda Item C-3, a communication from Vice-Mayor John S. Edwards transmitting correspondence from Mimi Hodgin, Chairperson, Roanoke Arts Commission, relating to implementation of a Percent for the Arts Program in connection with City capi.te.I improvement projects, be removed from the Consent Agenda for discussion. PLANNING-NEWSPAPERS-DOWNTOWN ROANOKE, INCORPORATED: A report of the City Manager transmitting an article that appeared in a Richmond weekly newspaper with regard to accomplishments made in the Downtown Roanoke planning process, which is an outeider's view of what has been accomplished through Roanoke's downtown planning processes from 1979 through 1995, was before Council. Mrs. Bowles moved that the report be received and filed. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Vice-Mayor Edwards · 6. NAYS: None (Mayor Bowers was absent.) 147 BUILDINGS/BUILDING DEPARTMENT-COUNCIL-CITY PROPERTY: A report of the City Manager requesting that Council meet in Executive Session to discuss a matter with regard to use of real property for public purpose, specifically the terms snd conditions of use of s City-owned building, pursuant to Section 2.t-344 (A)(3), Code of Virginia (1950), as amended, was ~;ors the body. (For full text, see report on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to use of real property for public purpose, specifically the terms and conditions of use of a City-owned building, 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 Bowles, McCadden, Parrott, White, Wyatt and Vice-Mayor Edwards 6. NAYS: None --~ -- 0. I (Mayor Bowers was absenL) · OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: A report of qualification of Sherlis S. Doherty 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.) 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 Bowles, McCaddsn, Parrott, White, Wyatt and Vice-Mayor Edwards 6. NAYS: None.. 0. (Mayor Bowers was absenL) 148 ACTION: PARKS AND RECREATION-ARMORYISTADIUM-COU NCIL- SPORTS ACTIVITIES-CONSULTANTS REPORTS-SCHOOLS: A joint communication from David A. Bowers, Mayor, and C. Nelson Harris, Chairman, Roanoke City School Board, advising that it is hoped that plans for an ice rink can continue to go forward; however, if the development of the ica rink in Roanoke County is not feaaible at this time, it is jointly requested that the School Board and the Council ask the Superintendent and the City Manager to investigate the possibility of placement of the ica rink at a City school site or other City-owned property, was before Council. (For full text, sea communication on file in the City Clerk's Office.) Following discussion, Mr. McCadden moved that the matter be refewed to the City Manager to be included as a part of the consultants' needs and assessment study in regard to Victory Stadium and an indoor athletic field house. The motion was seconded by Mrs. Bowles and adopted. COUNCIL-CAPITAL IMPROVEMENTS PROGRAM-ROANOKE ARTS COMMISSION: A communication from Vice-Mayor John S. Edwards transmitting correspondence from Mimi Hodgin, Chairperson, Roanoke Arts Commission, relating to implementation of a Percent for the Arts Program in connection with City capital improvement projects, was before Council. The Roanoke Arts Commission requested that Council adopt an ordinance which would provide that one per cent of the budget of all capital improvement projects will be dedicated to either the acquisition of art for that project and/or the incorporation of an artist in the design portion of the project. The Arts Commission further requested that Council adopt in principle the concept of a Percent for the Arts Program and that the City Manager be directed to work with the Arts Commission in appointing a committee consisting of City employees and members of the arts and business communities to formulate a proposed ordinance for Council's consideration. (For full text, see communication and report on file in the City Clerk's Office.) 149 ACTION: Following.discussion, Mr. McCadden moved that the matter be referre.d, to the C,ty Manager for study, report and recommendation to Counc,I. The motion was seconded by Ms. Wyatt and adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: OTHER HEARINGS OF CITIZENS: TRAFFIC-COMPLAINTS-STATE HIGHWAYS-PLANNING-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: Ms. Helen E. Davis, 35 Patton Avenue, N. E., appeared before Council and advised that recent fires and a proposed four lane road through the heart of the Gainsboro community has caused fear, concern, confusion, disgust and anger among residents. She raised questions in regard to a proposed cul-de-sac, traffic lights, pedestrian movement, vehicular traffic, the fate of the Lawson Building, and pedestrian access between Patton Avenue, N. W., and Patton Avenue, N. E. She advised that Gainsboro residents would like answers to their questions, they would like to be represented at meetings when the future of their community is discuased and decided, and they are resentful of persons who live outside of the City limits or elsewhere giving advice as to what is best I for their neighborhood. The City Manager advised that he would appoint a team of City staff to meet with Gainsboro residents to address specific questions and concerns. PETITIONS AND COMMUNICATIONS: AIRPORT-SNOW REMOVAL-EQUIPMENT: A communication from Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, requesting that Council adopt a measure approving a capital expenditure by the Roanoke Regional Airport Commission, in the amount of approximately $19t,000.00, for the purchase of an all-wheel drive truck with a 22-foot snow blade and a slip-in hopper/spreader, which will add to the efficiency of snow removal operations and complete the Airport's snow removal equipment acquisition program, was before the body. 150 ACTION: It was advised that · Federal grant is expected in June 1995 which will reimburse the Airport Commission for 90 per cent of the cost of acquisition and State funds have been received to pay the remaining ten per cent; therefore, the City will not be responsible for any part of the purchase price. (For full text, see communication on file in the City Clerk's Office.) A report of W. Robert Herbert, City Manager and Airport Commissioner, advising that the purchase will not involve City funding, and recommending approval as required by the agreement between the City, Roanoke County and the Airport Commission whereby the Commission was created, was also before Council. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#32496-061295) A RESOLUTION approving a proposed capital expenditure of the Roanoke Regional Airport Commission. (For full text of Resolution, see Resolution Book No. 57, page 241.) Mr. White moved the adoption of Resolution No. 32496-061295. The motion was seconded by Mrs. Bowies end adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Vice-Mayor Edwards .... 6. NAYS: None 0. (Mayor Bowers was absent.) COMMISSIONER OF REVENUE-STATE COMPENSATION BOARD- EQUIPMENT: A communication from Marsha Compton Fielder, Commissioner of the Revenue, transmitting correspondence from the Commonwealth of Virginia Compensation Board advising that the Board has approved one-third funding for a new computer, in the amount of $2,200.00, for Roanoke City's Commissioner of the Revenue, subject to approval by City Council, was before the body. 151 Ms. Fielder stated that she is not requesting additional City fundi.n.g in order to purchase the equipment, and requested Council's adoption of the appropriate measure. A report of the City Manager concurring in the request, was also before Council. (For full text, see communication and report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#32497-061295) A RESOLUTION accepting and concurring in the offer of the State Compensation Board to reimburse the City of Roanoke for a portion of the cost of certain equipment to be used in the Office of the Commissioner of the Revenue. (For full text of Resolution, see Resolution Book No. 57, page 241.) ACTION: Mr. White moved the adoption of Resolution No. 32497-061295. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Vice-Mayor Edwards $. NAYS: None 0. (Mayor Bowers was absenL) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: ZONING-PLANNING: John R. Marllee, Chief of Community Planning, advised that approximately two years ago the Department of Planning and Community Development assumed the responsibility of zoning enforcement and administration; whereupon, he presented a 152 status report on efforts to data, as well as an overview of certain challenges associated with the task, and information with regard to new zoning initiatives to be considered in the future. (See Council briefing report on file in the City Clerk's Office.) Evelyn D. Dorsey, Zoning Administrator, presented an overview of the Zoning Division's current status end activities. She reviewed slides of various zoning violations throughout the City and the reasons for certain zoning regulations. .Mr. Mar#ss explained that a survey of neighborhood organ,zations conducted by the Roanoke Neighborhood Partnership in 1994 indicated three areas of concern in regard to zoning, viz: (1) the length of time it takes to correct a zoning violation, especially if court action is required; (2) inoperative (junk) vehicles stored on abandoned or private property, especially in older residential neighborhoods; and (3) storage of junk on the front or side pomh of a residence which is visible from the street. Mr. Marllss explained that the procedure for enfoming the Zoning Ordinance is both time consuming and staff intensive, especially if court action is necessary and, to respond to the problem, City staff has proposed a new amendment to the Zoning Ordinance which will authorize inspectors to issue tickets similar to a traffic ticket by which fines could be levied from a minimum of $50.00 to a maximum of $1,000.00 for each day that a violation continues to exist. He advised that the authority of Zoning staff to issue tickets will complement other enforcement efforts and expand options available to staff to bring violators into compliance with the City's Zoning Ordinance, short of court action. Mr. Marlles explained that in the near future, Council will be requested to address problems of junk or other miscellaneous items being stored on the front or side porches of residential structures, and advised that currently the City does not have authority to remove junk cars or vehicles from private property and these vehicles, which are often in various stages of disassembly, are a major source of blight in the city's neighborhoods, and can serve as harbors for rodents and other vermin. He noted that in the first five months of 1995, City staff reviewed over 400 complaints regarding junk vehicles on private property from citizens and neighborhood groups, and over the past four years, complaints regarding junk vehicles on private property have 153 i. represented et least 60 .per cent of the total sum of all zo.n. ing complei.nta, and prosecution through the court system is too time coneum,ng end appears to have little effect on the total number of inoperative vehicles stored across the City. He called attention to Section 15.1-11.1 of the Code of Virginia, (1950), as amended, which authorizes localities to remove inoperative vehicles whenever the owner fails to come into compliance, and if approved, a proposed towing ordinance amendment to the City Code will authorize enforcement staff to have illegally stored inoperative vehicles towed from private property. He stated that similar ordinances are in effect in Norfolk, Newport News, Salem and Roanoke County. Mr. Marlles requested Council's concurrence in scheduling a public hearing to be held on Monday, July 10, 1995, at 7:00 p.m., to consider the proposed Zoning Ordinance amendment, and presented an advance copy of · staff report and draft ordinance for Council's consideration. The City Attorney reviewed the draft ordinance and responded to questions raised by Council Members. I Roger D. Dayton, Executive Director, Williamson Road Area Business Association, spo.ke, in support of the proposed Zoning Ordinance amendment, adv,s,ng that it is hoped that the proposed amendment will be the beginning of a comprehensive and regular review of zoning and housing ordinances and enforcement mechanisms by the City that will aggressively seek citizen input. He stated that the City should send a clear message that it will not tolerate violations of City ordinances, and the City should be resolute in its enforcement of ordinances that protect and enhance the image of cleanliness, beauty and healthfulness of the community. Roy N. Stroop, President, Wildwood Civic League; Peter U. Cavendish, representing Old Southwest, Inc.; and Florine Thornhill, President, Northwest Neighborhood Environmental Organiza~on, spoke in support of the proposed Zoning Ordinance amendment. ACTION: Mr. Parrott moved that the briefing be received and filed. The motion was seconded by Mr. McCadden and adopted. 154 Ms. Wyatt moved that the City Attorney and the City Clerk be authorized to advertise a public hearing to be held on Monday, July 10, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard. The motion was seconded by Mr. Parrott and adopted. ITEMS RECOMMENDED FOR ACTION: BUDGET-SEWERS AND STORM DRAINS-MAPS-PUBLIC WORKS- CMERP-CITY MAPPING PROGRAM: The City Manager submitted a written report and a briefing with regard to digital mapping for the City. It was advised that the Engineering Department maintains approximately 1,400 map sheets, which are drawn and maintained by hand, and each of the map themes are based on real property information shown on the appraisal map, with the information repeated three additional times for sewer, water and zoning maps; that every change in property information requires that four maps be updated by hand; that in recognition of the current trend in information technology, the Engineering Department is converting all official City maps to a digital form that allows the maps to be drawn and stored on a computer; and digital maps permit layering of map information so that revised information is updated on the affected layer. It was explained that the United States Army Corps of Engineers (USACOE) administers a program entitled, "Planning Assistance to States", which provides matching Federal funding to support digital mapping up to $300,000.00 per year per state; that the City Engineering Depar~,,,ent has applied for funding of certain mapping activities under the Planning Assistance to States Program, and representatives of the USACOE have advised that the City of Roanoke can expect available funding in the amount of $100,000.00 in the next year to support mapping activities; and the City, in coordination with the USACOE, has developed a multiple year mapping program to provide the following map products and associated total costs, which includes all administrative costs of USACOE: Digital Orthophotographs and Topography $ 334,000.00 Sewer Mapping 266,000.00 Water Mapping 330,000.00 Flood Plain Maps 194.000.00 Total $1,124,000.00 155 It was further explained that the City will need to provide one-half I of the total cost of mapping, in the of $562,000.00, over the life amoun, t of the program, and it is anticipated that ,t will take five to six years to complete all of the mapping given the expected availability of matching Federal funds; and the City will need to make funds available for payment to the United States Corps of Engineera no later than July 1 of each year. The City Manager recommended that Council concur in the following actions: Authorize the City Manager to execute an agreement with the U. S. Army Corps of Engineers, in a form to be approved by the City Attorney, to provide mapping products to the City under the Planning Assistance to States Program, which agreement may be extended on a year-to-year basis subject to available funding. Appropriate $25,000.00 from Water Fund Prior Year Retained Earnings to a new Water Fund account, $25,000.00 from the Sewer Fund Prior Year Retained I Earnings to a new Sewer Fund accou, nt, and transfer $50,000..00 from the General Fund Capltel Maintenance and Equ,pment Replacement Fund to a new account in the Capital Projects Fund to be entitled, "Corps of Engineers Mapping Project. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~32498-061295) AN ORDINANCE to amend and reordain certain sections of the 1994-95 General, Water, Sewage Treatment, and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 245.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 32498-06t295. The motion was seconded by Ms. Wyatt and adopted by the following vote: 156 ACTION: AYES: Council Members Bowles, McCsdden, Parrott, White, Wyatt and Vice-Mayor Edwards 6. I NAYS: None .... 0. (Mayor Bowers was sbeenL) Mr. Parrott offered the following resolution: (#32499-061295) A RESOLUTION authorizing the City Manager to enter into an agreement with the U.S. Army Corps of Engineers to provide digital mapping products and services to the City. (For full text of Resolution, see Resolution Book No. 57, page 245.) Mr. Parrott moved the adoption of Resolution No. 32499-061295. The motion was seconded by Me. Wyatt and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Vice-Mayor Edwards.. 6. NAYS: None 0. I (Mayor Bowers was absent.) HOUSING/AUTHORITY-GRANTS: 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 Vacant Lot Homesteading Program, which Program reimburses builders of new houses in older neighborhoods for the following costs: costs to buy vacant lots, building permit fees, utility hook-up fees, site preparation costs, and customary costs of development and sale. It was further advised that the City received approval from the United States Department of Housing and Urban Development for the Community Development Block Grant application by letter dated June 10, 1994; that pursuant to Ordinance No. 32072-062794, adopted 157 on June 27, 1994, Council authorized acceptance of the 1994-95 CDBG I EntiCement and Appropriation of Funds for CDBG activities; and Habitat for Humanity purchased tan lots, built tan houses and sold houses Iocatad at addresses from 801 to 838 Kellogg Avenue, N. W., under provisions of the Vacant Lot Homeetaading Program, with the total cost of the project not to exceed $40,000.00. The City Manager recommended that he be authorized to execute an agreement, in a form to be approved by the City Attorney, with Habitat for Humanity in the Roanoke Valley for the grant of Community Development Block Grant funds for raimbureement of eligible expenses associatad with building new houses on tan lots under provisions of the Vacant Lot Homeetaeding Program. (For full taxt, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following resolution: (#32500-061295) A RESOLUTION authorizing the City Manager to executa an agreement with Habitat for Humanity in the Roanoke Valley, to provide funding for reimbursement of expenses associated with construction of tan new houses on tan lots under the provisions of the Vacant Lot Homestaading Program, upon certain tarms and conditions. (For full taxt of Resolution, see Resolution Book No. 57, page 246.) ACTION: Mrs. Bowles moved the adop~on of Resolution No. 32500-061295. The motion was seconded by Mr. McCadden and adopted by the following vota: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Vice-Mayor Edwards 6. NAYS: None 0. (Mayor Bowers was absenL) BUDGET-CIRCUIT COURT-GRANTS: The City Manager submitted a written report advising that the Clerk of the Circuit Court has been awarded a Virginia Circuit Court Records Preservation Program grant from the Commonwealth of Virginia - Library of Virginia, in the amount I of $129,256.00, for optical scanning and conversion to microfilm of 158 ACTION: deed books for the period from 1948 to 1965; that the project was advertised and formal bids were received in the Office of General Services on January 24, 1995, which bids were then submitted to the Commonwealth of Virginia - Library of Virginia for review and development of a recommendation; that the Commonwealth of Virginia - Library of Virginia has recommended and the grant agreement requires that Gannon Technology, Inc., perform the conversion of the deed booka to microfilm, which conversion must be completed by November 15, 1995, as required by the grant agreement; and the Virginia Circuit Court Records Preservation Program grant needs to be accepted and funds appropriated to enable the Clerk of Cimuit Court to complete records conversion by November 15, 1995, as required by the grant agreement. The City Manager recommended that Council concur in the following actions: Authorize the City Manager to accept the Virginia Circuit Court Records Preservation Program grant, in the amount of $129,256.00. Authorize ~. p!rscto, r o.f Finance to recognize reve.n, ue from the V,rg,ma C~rcu,t Court Records Preservat, on Program grant, in the amount of $129,256.00, in Account No. 035-035-1234-7190, Grant Fund - Circuit Court Clerk Records Preservation Project, and appropriate funds in the amount of $129,256.00, to Account No. 035-028-5030- 2010, Grant Fund - Fees for Professional Services. (For full text, see report on file in the City Clerk's Office.) Mr. INhite offered the following emergency budget ordinance: (#32501-061295) AN ORDINANCE to amend and reordain certain sections of the t994-95 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 247.) Mr. White moved the adoption of Ordinance No. 32501-061295. The motion was seconded by Mr. Parrott and adopted by the following vote: Il 159 AYES: Council Members Bowles, McCadden, Parrott, White, I Wyatt and Vice-Mayor Edwards 6. NAYS: None.. 0. (Mayor Bowers was absenL) Mr. White offered the following resolution: (#32502-061295) A RESOLUTION accepting a certain Virginia Circuit Court Records Preservation Program Grant offer made to the City by the Commonwealth of Virginia - Library 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 248.) ACTION: Mr. White moved the adoption of Resolution No. 32502-061295. The motion was seconded by Mr. Parrott and adopted by the following vote: I AYES: Council Members Bowies, McCadden, Parrott, White, Wyatt and Vice-Mayor Edwards 6. NAYS: None 0. (Mayor Bowers was absent.) 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 Workers' Compensation expenditures for fiscal year t994-95 are projected to be $600,000.00, which is based on actual expenditures through April 30, 1995, and projected expenditures for May and June 1995; and funding to cover fiscal year 1994-95 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 $600,000.00 to departmental workers' compensation accounts from the following funding sources: 160 ACTION: Account No. 001-004-9110-1135 (Workers' Compensation - Wages) $250,000.00 ! Account No. 001-004-9110-1140 (Workers' Compensation - Medical) 350.000.00 Total Funding Sources $600.000.00 (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (#32503-061295) 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 249.) Ms. Wyatt moved the adoption of Ordinance No. 32503-061295. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Vice-Mayor Edwards 6. NAYS: None 0. (Mayor Bowers was absenL) BUDGET-POLICE DEPARTMENT-BUILDINGS/BUILDING DEPARTMENT-PUBLiC WORKS-CMERP-FLEET MAINTENANCE FUND- 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 depa,'b,,ents, as follows: Fleet Mana._ement 2 Wheel Drive Backhoe 2 Police Cushman Vehicles $45,100.00 17.000.00 $62.100.00 161 Buildin_u Maintenance I Extend Concrete Floor the full length of East Bay in No. 1 Fire Station 6.365.00 Milterials Control Battery for Electric Fork Lift S 1.412.00 Total $69.877.00 It was further advised that it is necessary for Council to appropriate funds from the General Capital Maintenance and Equipment Replacement Program and Prior Year Retained Earnings to various operating accounts before acquisition/project can be accomplished. The City Manager recommended that Council appropriate $69,877.00, as follows: $45,100.00 from Fleet Management Prior Year Retained Earnings to Fleet Management, Account No. 017.052-2642- 90t0. $17,000.00 from Police Department, Account No. 00t.050- 3113-2064, to be transferred to Fleet Management, Account No. 017.052-2642-9010. $6,365.00 from Capital Maintenance and Equipment Replacement Program to Building Maintenance, Account No. 001.052-4330-3056. $1,412.00 from Materials Control Prior Year Retained Earnings Account to Materials Control, Account No. 01~ 056-1613-2048. (For full text, see report on file in the City Clerk's Office.) 162 ACTION: Mr. McCadden offered the following emergency budget ordinance: (#32504-061295) AN ORDINANCE to amend and reordain certain sections of the 1994-95 General, Fleet Management, and Materials Control Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 253.) Mr. McCadden moved the adoption of Ordinance No. 32504- 061295. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Vice-Mayor Edwards 6. NAYS: None... 0. (Mayor Bowers was absent.) BUDGET-POLICE DEPARTMENT-DRUGS/SUBSTANCE ABUSE- COMMONWEALTH'S ATTORNEY-GRANTS: The City Manager submitted a written re. po..rt 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 the program; and revenues totalling $90,210.00 have been collected and are available for appropriation in Grant Account No. 035-035-1234-7184. The City Manager recommended that Council accept assets from the Federal Forfeited Property Sharing Program and appropriate $90,210.00 to Grant Fund, Investigations and Rewards, Account No. 035-050-3304-2150, and increase the revenue estimate for said grant by $90,210.00 in Account No. 035-035-1234-7184. (For full text, see report on file in the City Clerk's Office.) 163 Ms. Wyatt offered the following emergency budget ordinance: I (f~32505-061295) 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 255.) ACTION: Me. Wyatt moved the adoption of Ordinance No. 32505-061295. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Vice-Mayor Edwards 6. NAYS: None 0. (Mayor Bowers was absent.) POLICE DEPARTMENT-HUMAN DEVELOPMENT-HOUSING/ AUTHORITY-GRANTS: The City Manager submitted a written report advising that grant funds totalling $80,000.00 have be..en allocated by I Rosno? Redevelopment Housing Authority the and to enhance Roanoke C,ty Police C.O.P.E. (Community.Oriented Policing Effort) activities on property managed by the Housing Authority; that a supplemental police service contract has been negotiated between the City and the Housing Authority to furnish police services in addition to baseline police services at selected Housing Authority locations, the purpose of which is to create a drug-and crime-free environment and to provide for the safety and protection of residents in public housing developments; that most services in the contract are currently being performed by C.O.P.E. officers, and additional services include acting as legal agents for the Housing Authority in the enforcement of Housing Authority rules and regulations for tenants and to assist or advise in the planning and implementation of other grant-funded security programs within the jurisdiction of the Housing Authority. The City Manager recommended that Council authorize execution of the service contract, in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) 164 ACTION: Ms. Wyatt offered the following resolution: (#32506-061295) A RESOLUTION authorizing an agreement between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority to provide and enhance Roanoke City Police C.O.P.E. activities on property managed by tho Authority. (For full text of Resolution, see Resolution Book No. 57, page 257.) Ms. Wyatt moved the adoption of Resolution No. 32506-061295. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowies, McCadden, Parrott, White, Wyatt and Vice-Mayor Edwards 6. NAYS: None ... 0. (Mayor Bowers was absent.) BUDGET-HEALTH DEPARTMENT-HUMAN DEVELOPMENT-CITY EMPLOYEES-GRANTS-SEXUALLYTRANSMITTED DISEASES: The City Manager submitted a written report advising that the Roanoke City Health Department was awarded a grant, in the amount of $32,000.00, in 1993 from the Bureau of Sexually Transmitted Diseases/AIDS with the Virginia Department of Health to address case management service needs, which grant was again awarded to the Roanoke City Health Department, in the amount of $35,000.00; and the Roanoke City Health Department has a limit on the number of full-time classified Sttete positions to establish the position. It was explained that the AIDS Council of Western Virginia has provided case management services in the past to several patients within Roanoke City; however, its updated service plan states that client services will be phased out; and therefore, the responsibility for client services will rest in the HIVIAIDS Program at the Roanoke City Health Department. The City Manager recommended that Council concur in the following actions: 165 Authorize the City Manager to accept funds from the I Roanoke City Health Department provi.d, ed by s grant from the Bureau of Sexually Transmitted Diseeees/AIDS with the Virginia Department of Health. Appropriate $35,000.00 to the following accounts to be established in the grant fund, with a corresponding revenue estimate: Salaries ICMA Deferred Compensation FICA Hospitalization Insurance Life Insurance Dental Insurance Other (travel) $26,000.00 2,340.00 2,168.00 2,100.00 54.00 100.00 $35,000.00 (For full text, see report on file in the City Clerk's Office.) I Ms. Wyatt offered the following emergency budget ordinance: (~32507-061295) 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 258.) ACTION: Ms. Wyatt moved the adoption of Ordinance No. 32507-061295. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Vice-Mayor Edwards 6. NAYS: None 0. (Mayor Bowers was absent.) 166 ACTION: Ms. Wyatt offered the following resolution: L (#32508-061295) A RESOLUTION authorizing the acceptance of I funds from the Roanoke City Health Depar;ment for the continuance of the Health Counselor position, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 57, page 259.) Ms. Wyatt moved the adoption of Resolution No. 32508-061295. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Vice-Mayor Edwards 6. NAYS: None O. (Mayor Bowers was abeenL) BUDGET-GRANTS-FDETC-YOUTH: The City Manager submitted a written report advising that the City of Roanoke is the grant recipient for Filth District Employment and Training Consortium funding, and Council must appropriate funding for all grants and other monies received by the Consortium; and the Governor's Employment and Training Department (GETD) has sent Notices of Award and adjustments to the Consortium for programs which include on-the-job training, work experience, job related education, classroom training, job placement activities, and remedial education in the following amounts: Title II-B Summer Youth - Notice of Award No. 95-03.05, to provide work experience and remedial education to approximately 376 youth, in the amount of $352,410.00, with an additional award of $97,916.83 to be distributed by the Governor's Employment and Training Department after July 1, 1995. Title II-B Summer Youth Carry In Allocation from program year 1994 - Notice of Award No. 94-03-09, in the amount of $55,397.00. 167 Title III-F Dislocated Workers - Notice of Award No. E-05, I to be used to supplement current allocations for tuition expense, in the amount of $22,000.00. It was further advised that the Virginia Employment Commission has notified the Fifth District Employment and Training Consortium of a $t5,000.00 award for the fourth quarter of program year 1994 Profiling Project, which funds will be used to serve approximately 33 individuals, who will be assessed as being in need of intensive m-employment services and/or retraining in order to retum to gainful employment; and jurisdictions in the Fifth Planning District, which include the Cities of Roanoke, Salem, Clifton Forge and Covington and the Counties of Roanoke, Alleghany, Botetourt 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 $10,762.00 have been confirmed from four of the participating jurisdictions (Counties of Botetourt and Roanoke and Cities of Covington and Salem); along with contributions of $t,603.99 from Alleghany and $250.00 from Craig Country which will bring the total jurisdictional allocation to $12,615.99. The City Manager recommended that Council appropriate funding for the Fifth District Employment and Train!ng Consortium totalling I $446,661.00 and inc.r, ease the revenue estimate by $446,.6.6t.00 in accounts to be establ,shed in the Consortium Fund by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency budget ordinance: (~t32509-06t295) AN ORDINANCE to amend and rsordain certain sections of the 1994-95 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 260.) ACTION: Mrs. Bowles moved the adoption of Ordinance No. 325094)61295. The motion was seconded by Mr. McCadden and adopted by the following vote: 168 AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Vice-Mayor Edwards 6. NAYS: None 0. (Mayor Bowers was abeenL) At 5:00 p.m., the Vice-Mayor declared the meeting in recess. At 5:15 p.m., the meeting reconvened in the Council Chamber, with Vice-Mayor Edwards presiding, and all Members of the Council in attendance, with the exception of Mayor Bowers. DIRECTOR OF FINANCE: BUDGET-CITY EMPLOYEES: The Director of Finance submitted a written report advising that the 1994-95 General Fund included funds in the nondepartmental category for payment of termination (vacation) leave and unemployment wages, which types of employee fringe benefits are budgeted at estimated amounts in the nondepartmental category inasmuch as annual charges for each department are difficult to accurately proj.ect; and actual costs are charged to applicable departments in anticipation of budget transfers to cover said costa. 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: Termination (Vacation) Leave Wages Unemployment Wages $35.000.00 (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (ff32510-061295) AN ORDINANCE to amend and reordain certain sections of the 1994-95 General Fund Appropriations, end providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 263.) 169 ACTION: Mr. White moved the adoption of Ordinance No. 32510-061295. I The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, Wtlite, Wyatt and Vice-Mayor Edwards 5. NAYS: None 0. (Mayor Bowers was absent.) BUDGET-CITY INFORMATION SYSTEMS-FLEET MAINTENANCE FUND-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 depaf~,,ente funded through the General Fund; that service providing depafb,ents within the Internal Service Funds recover their 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 original estimates; and each year it is necessary to make appropriation transfers between i 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 reallocate amounts between departments. The Director of Finance recommended adoption of a budget ordinance which will accomplish the required transfers. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency budget ordinance: (t/32511-061295) 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 266.) ACTION: Mrs. Bowies moved the adoption of Ordinance No. 325114)61295. The motion was seconded by Ms. Wyatt and adopted by the following vote: 170 AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Vice-Mayor Edwards 6. NAYS: None .... O. (Mayor Bowers was abeent) 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 t~nancial 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 retain on the records, and reprogramming funds allow the City to maintain a minimum number of program years on its records; that the earliest Community Development Block Grant year (B- 92-MC-51-0020) may be closed by reprogramming unspent funds in the program year to the next subsequent program year (B-93-MC-51-0020); and unspent funds totalling $244,147.00 will be appropriated to the same activities for which they are currently appropriated. The Director of Finance recommended that Council authorize the following actions: Transfer unspent funds of $244,147.00 to Community Development Block Grant year B-93-MC-51-0020; and Close Community Development Block Grant year B-92-MC- 51-0020. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: (~32512-061295) 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 27t.) 171 ACTION: Mr. McCadden moved the adoption of Ordinance No. 32512- I 06129.5. The motion was seconded by Mr. Parrott and adopted by the follow, ng vote: AYES: Council Members Bowies, McCadden, Parrott, White, Wyatt and Vice-Mayor Edwards .6. NAYS: None (Mayor Bowers was absent.) REPORTS OF COMMITTEES: BUDGET-SEWERS AND STORM DRAINS: 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 the Lick Run Sewer Replacement Project LR-5, recommending that Council approve the following actions: Authorize the City Manager to execute a unit price contract with J. P. Turner and Bros., Inc., for the Lick Run Sewer Replacement Project LR-5,. in the amount of I and authorize a of $246,055.00, project. .c. ontingsncy $25,000.00 and $5,000.00 for inter-fund b,ll,ng for contract administration end inspection. Appropriate $276,055.00 from Sewer Fund Retained Earnings to a new account to be established by the Director of Finance in the Sewer Fund entitled, "Lick Run Replacement LR-5'. 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.) 172 ACTION: Mr. Parrott offered the following emergency budget ordinance: m (#32513-061295) AN ORDINANCE to amend and reo.rdain certain m sections of tho 1994-95 Sewage Treatment Fund Appropriations, and - providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 274.) Mr. Parrott moved the adoption of Ordinance No. 32513-061295. The motion was seconded by Mr. White and adopted by the following vote: ACTION: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Vice-Mayor Edwards 6. NAYS: None (Mayor Bowers was absent.) Mr. Parrott offered the following emergency ordinance: (#32514-061295)and AN ORDINANCE .accepting the bid of J. P. Turner Bro.s., Inc., for construct, on of Lick Run Sewer Replacement, Project LR-5, 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 275.) Mr. Parrott moved the adoption of Ordinance No. 32514-061295. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Vice-Mayor Edwards 6. NAYS: Noner (Mayor Bowers was absenL) 173 UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 32492 rezoning three tracts of land located on the north side of Maddock Avenue, N. W., described as Official Tax Nos. 3080812, 3080813 and 3080814, from RM-t, Residential Multi-Family, Low Density District, to C-2, General Commercial District, as more fully set forth in an amended petition filed in the City Clerk's Office on April 18, 1995, having previously been before the Council for its first reading on Monday, May 22, 1995, read and adopted on its first reading and laid over, was again before the body, Mre. Bowles offering the following for its second reading and final adoption: (~32492-06t295) 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. 57, page 236.) I ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32492-061295. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, Parrott, White, Wyatt and Vice- Mayor Edwards 5. NAYS: Council Member McCadden (Mayor Bowers was absent.) STREETS AND ALLEYS: Ordinance No. 32493 permanently vacating, discontinuing and closing a 150-foot portion of Maddock Avenue, N. W., extending in a westerly direction from Williamson Road, located between lots bearing Official Tax Nos. 3080901, 3080903, 3080812 and 3080814, having previously been before the Council for its first reading on Monday, May 22, 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: 174 ACTION: (#32493-061295} AN ORDINA..NCE. pe,manentiy vac~ting, discontinuing and closing certain publ,c right-of-way in the C,ty of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 57, page 238.) Mr. Bowles moved the adoption of Ordinance No. 32493-061295. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowles, Parrott, White, Wyatt and Vice- Mayor Edwards 5. NAYS: Council Member McCadden 1. (Mayor Bowers was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: None. ACTION: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: CITY ATTORNEY-CITY EMPLOYEES-PERSONNEL DEPARTMENT: The City Attorney introduced Gary E. Tegenkamp, Assistant City Attorney, who assumed his new position on Friday, June 9, 1995. OTHER HEARINGS OF CITIZENS: None. At 5:25 p.m., the Vice-Mayor declared the meeting in recess. At 6:20 p.m., the meeting reconvened in the Council Chamber, with Vice-Mayor Edwards presiding, and all Members of the Council in attendance, with the exception of Mayor Bowers. COUNCIL: With respect to the Executive Session just concluded, Mr. 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. White and adopted by the following vote: I 175 AYES: Council Members Bowles, McCadden, Parrott, White, I Wyatt end Vice-Mayor Edwards 6. NAYS: None 0. (Mayor Bowers was absent.) At 6:22 p.m., the Vice-Mayor declared the meeting in recess until 7:00 p.m. At 7:00 p.m., the meeting reconvened in the Council Chamber, with Vice-Mayor Edwards presiding, and all Members of the Council in attendance, with the exception of Mayor Bowers. OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling, Jr., City Attorney; Michael R. Crew, Manager of Accounting Services; and Mary F. Parker, City Clerk. ZONING: Pursuant to Resolution No. 25523 adopted by the i Council on Monday, April 6, t981, the City Clerk having advertised a public hearing for Monday, June 12, 1995, 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 tract of land lying on the south side of Cleveland Avenue, S. W., between 13th Street and the right-of-way of Norfolk Southern Corporation rail line, described as Official Tax Nos. 1221009 and 1221101, and an adjoining unnumbered parcel of land containing 0.439 acre, more or less, be rezoned from RM-2, Residential Multi-Family, Medium Density District, and LM, Light Manufacturing District, to RS-3, Residential Single-Family District, subject 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-NQw~ on Friday, May 26, 1995, and Friday, June 2, 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 ;or rezoning is to place Official Tax Nos. 1229001 and 1221101 and other un numbered property of 0.439 acre into 176 ACTION: a zoning classification that wi. II p~. rm!t the re-~ubdivision of the subiect property into five Iota ranging in size from 0.188 to 0.344 acre ~nd construction on said Iota by Habitat for Humanity of the Roanoke Valley, Inc., of five single-family, detached homes which will be sold to Iow-income, working families, was before Council· The Planning Commission recommended approval of the request for rezoning, advising that design compatibility issues were resolved, and therefore, the request is consistent with recommendations set out in the Comprehensive Plan and the issue of layout alternatives will be resolved during site plan review. (For full text, see report on file in the City Clerk's Office.) Amy C. Moore, Agent, Habitat for Humanity of the Roanoke Valley, Inc., appeared before Council in support of the request for rezoning. Mr. Parrott moved that the following ordinance be placed upon first reading: (#32515) AN ORDINANCE to amend §36.1-3, Code of the City of .~, Roanoke (1979), aa amended, and Sheet No. 122, Sectional 1976 Zonel'~ 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 277.) The motion was seconded by Mr. White. The Vice-Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 32515 was adopted, on its first reading, by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Vice-Mayor Edwards.. 6. NAYS: None 0. (Mayor Bowers was absent.) 177 STREETS AND ALLEYS: Pursuant to Resolution No. 25523 I adopted by the Council on Monday, April 8, 1981, the City Clerk having advertised s public hearing for Monday, June 12, 1995, at 7:00 p..m., or as soon thereafter as the matter may be heard, on the requeet of James W. Wallace, III, and Caroline A. Wallace that a portion of a 12- foot wide public alley extending 120 feet from 23rd Street, S. E., generally in a northerly direction toward Yellow Mountain Road, 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-New~ on Friday, May 26, 1995, and Friday, June 2, 1995. (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, as requested for closure, is developed and has apparently served for many years as a private driveway for the abutting property at tt0 23rd Street, S. E., (applicant's property); that topogrsphy of terrain surrounding the remaining undeveloped section of the alley res~cte the other abutting property owners from using the I developed portion of ~e alley for vehicular access to the rear of their properties; and ex'tens,on and development of the undeveloped section of the alley in a northerly direction to serve other abutting properties would require extensive grading on such properties and/or construction of retaining walls, was before Council. It was further advised that the applicant agreed to amend the application to close and vacate only that section of the alley that extends in a northerly direction from 23rd Street for an approximate distance of t20 feet. The City Planning Commission recommended approval of the request to close and vacate the abovedescribed section of public alley, subject to the following conditions: The applicant shall submit to the City for review and approval, receive approval of, and record in the Office of the Roanoke City Circuit Court, a subdivision plat, said plat to provide for the following. 178 ACTION: The retention of. appropriate easements, together with the nght of public passage over same, for surface and subsurface installation and maintenance of any and all existing utilities that may be located within the Hght- of-way. The dedication of an area sufficient in size to provide for a public turnaround at the proposed terminus of the subject alley as shown on Map B which is attached to the report. If the above-cited 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 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.) Edward A. Natt, 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: (~32516) 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 278.) The motion was seconded by Mr. McCadden. The Vice-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. 32516 was adopted, on its first reading, by the following vote: 179 AYES: Council Members Bowles, McCadden, Parrott, White, I Wyatt and Vice-Mayor Edwards 6. NAYS: Nono O. (Mayor Bowers was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 12, 1995, at 7:00 p.m., or as soon thereafter aa the matter may be heard, on the request of Robert E. and Peggy J. Ford, dlbla B&F Home Center, that all of Lot 10, Mason Map, located at ~ .~.$ Garden City Boulevard, S. E., described as Official Tax No. 4390117, be rezoned from RM-t, 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, May 26, 1995, and Friday, June 2, 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 is to bring the current commercial use of the building into conformity with an appropriate commercial zoning, was before Council. The Planning Commission recommended approval of the request for rezoning. (For full text, see report on file in the City Clerk's Office.) David C. Helscher, Attomey, appeared before Council in support of the request of his client. ACTION: Mrs. Bowles moved that the following ordinance be placed upon its first reading: 180 (~/32517) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 439, Sectional t976 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 281.) The motion was seconded by Mr. Parrott. The Vice-Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 32517 was adopted, on its first reading, by the following vote: AYES: Council Members Bowies, McCadden, Parrott, White, Wyatt and Vice-Mayor Edwards 6. NAYS: None (Mayor Bowers was absent.) .Z. ONING: Pursua.n.t to Resolutio.n No. 25523 adopted by the Councwl on Monday, April 6, 198t, the C,ty Clerk having advertised a public hearing for Monday, June 12, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Robert E. and Peggy J. Ford, d/b/a B&F Home Center, that all of Lot 1, Block 1, located at 1636 Dale Avenue, S. E., described as Official Tax No. 4212221, 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-New- on Friday, May 26, 1995, and Friday, June 2, t995. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to bring the current commercial use of the pro. perty into compliance with an appropriate zoning, was before Counc,I. 181 The Planning Commission recommended denial of the request I for rezoning. (For full text, see report on file in the City Clerk's Office.) David C. Helscher, Attorney, appeared before Council in support of the request of his client. ACTION: Mrs. Bowies moved that the following ordinance be placed upon its first reading: (#32518) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 421, 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 282.) The motion was seconded by Mr. Parrott. The Vice-Mayor inquired if there were persons present who would like to add. rees Council with regard to the request for rezoning; whereupon, Da.v? C. Helscher, Attorney, representing the petitioner, presented a petition signed by approximately 48 persons in support of the request, and advised that operated as a non-conforming use, the property discourages financial investment because it is difficult to justify the expenditure of substantial funds. Charlotte D. Quarles, 1624 Dale Avenue, S. E., advised that she was not opposed to the current use of the property as a carpet shop; however, she opposed the request for rezoning because Mr. Ford will not state his future plans for the building. Ray W. Barbour, Member, Southeast Action Forum, Inc., advised that the Southeast Action Forum has not gone on record, either for or against, the request for rezoning. On a personal note, he stated that the wishes of property owners residing on their property should be considered above the wishes of renters who can easily move if they disapprove of a neighborhood. No other persons wishing to be heard, Ordinance No. 32518 was adopted on its first reading by the following vote: 182 ACTION: AYES: Council Members Bowles, McCadden, Parrott, White, Wya~ and Vice-Mayor Edwards 6. NAYS: None (Mayor Bowers was absenL) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 12, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of CBO Properties, Inc., that a certain .2-acre tract of land located on Woods Avenue, S. W., described as Official Tax Nos. 1030419 and 1030420, be rezoned from RM-2, Residential Multi-Family, Medium Density District, to C-1, Office District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & Worid-New.~ on Friday, May 26, 1995, and Friday, June 2, 1995. (See publisher's affidavit on file in the City Clerk's Office.) _ A report of the City Planning Commies;on advising that the purpose of the request for rezoning is to expand parking for the adjacent office and to make existing parking consistent with zoning, was before Council. The Planning Commission recommended denial of the request for rezoning. (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: (#32519) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 103, Sectional t976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full toxt of Ordinance, see Ordinance Book No. 56, page 284.) 183 The motion was seconded by Mrs. Bowles. An amended petition for rezoning was filed in the City Clerk's Office on June 9, 1995, by CBO Properties, Inc., proffering and agreeing to the following conditions: "A. That Parcel E. (Tax Id. No. 1030419) and Parcel F (Tax Id. No. 1030420) will be used as a parking lot and developed in substantial conformity with the site plan prepared by Dickson Architects, dated March t7, 1995, a copy of which is attached to the Petition for Rezoning as Exhibit "C", subject to any changes required by the City during the site plan review. B. As to Parcel E (Tax Id. No. 1030419) only, the following additional conditions shall apply: That there will be no building erected on the subject parcel. 2. That if the subject parc.e.I is not improved and I used as a parking lot ~nthin three years of the ~ effe.ctive data of the ordinance rezoning the subject property, the zoning classification shall return to that of RM2, Residential Multi- family Medium Density District, without further action of City Council. That if the subject parcel is combined with any other lot or parcel, the area of Parcel E (Tax Id. No. 1030419)shall not be used for the purpose of determining the maximum lot coverage requirement of Section 36.1-188 of the Code of the City of Roanoke (1979), as amended, in regard to any future additions or buildings." Richard M. Willis, President, Old Southwest, Inc., appeared before Council and advised that Old Southwest is generally opposed to decreasing the RM-2 zoning for properties west of Franklin Road; however, it is now the position of Old Southwest, Inc., that the request 184 ACTION: of CBO Properties, Inc., should be approved in view of specific restrictions that the company has imposed upon itself, which include reversion to RM-2 zoning status if restricted conditions are not maintained. Il (Sss communication under date of June 9, 1995, on file in the City Clerk's Office.) Claude D. Carter, Attorney, and P. Brant Brown, President, CBO Properties, Inc., expressed appreciation to Old Southwest, Inc., for its willingness to work with the petitioner, as well as to City Planning staff for suggesting certain conditions which helped to make the rezoning more acceptable to all parties involved. The City Attorney called attention to the need to amend Ordinance No. 32519 to reflect the date of the amended petition for rezoning, changing April 11, 1995, to June 9, t995, on page 2, line 14, of the abovereferenced ordinance. Mr. White moved that Ordinance No. 32519, on its first reading, be amended to reflect the date of the amended petition (June 9, 1995 instead of April tt, 1995). The motion was seconded by Mrs. Bowles and adopted. The Vice-Mayor inquired if there were other persons who wished to be heard. There being none, Ordinance No. 32519, on its first reading, as above amended, was adopted by the following vote: AYES: Council Members Bowies, McCadden, Parrott, White, Wyatt and Vice-Mayor Ed~'~arde 6. NAYS: None ........... -0. (Mayor Bowers was absent.) OTHER HEARINGS OF CITIZENS: None. 185 There being no fu~[;~er business, the Vice-Mayor declared the meeting I adjourned at 7:50 p.m. APPROVED ATTEST: Mary F. Parker City Clerk John S. Edwards Vice-Mayor 186 REGULAR WEEKLY SESSION. ROANOKE CITY COUNCIL June 26,1995 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, June 26, 1995, at 3:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, ~ 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, Elizabeth T. Bowles and Mayor David A. Bowers - 7. ABSENT: None- OFFICERS PRESENT: W. Robert Herbert, City Manager; William X Parsons, Assistant City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend Michael Brummitt, Associate Pastor, Glad Tidings Assembly of God. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. .i CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for an Executive Session to discuss a matter with regard to disposition of publicly held property, specifically the possible lease of interest in publicly held property; and personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council. 187 ACTION: 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), 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 wee 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. COUNCIL-CITY PROPERTY-LEASES: 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 lease of interest in publicly held property, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) 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 lease of interest in publicly held property, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. 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. 188 TRAFFIC.-COMPLAI.NTS-STREETS.AND ALLEYS: A report of the City Manager mn connection with a petition subm,tted by Mr. Glenn Friedland on May 8, 1995, requesting a four-way stop sign at the intersection of Maiden Lane and Dunmore Street, S. W., was before Council. ACTION: The City Manager advised that after reviewing traffic studies of all vehicular and ped?trian traffic duri. ng .a. 12-hour period, the criteria for a four-way stop s,gn could not be justified. (For full text, see report on file in the City Clerk's Office.) · Mrs. Bowles moved that the report be received and filed. T. he vmo°tefi:°n was ''c°nded bY Mr. Edwards and adopted by the follow, ng ACTION: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers 7. NAYS: None ..... CITY EMPLOYEES.-.PERSONNEL DEPARTMENT-PENSIONS: A report of the Director o.f Fmnanc, advising that .o.n November 28, 1994, Council adopted an ord,nance authorizing the C,~ of Roanoke Pension Plan to offer members of the Employees' Retirement System IOId System) an opportunity to transfe.r to the Em. ployee's S.u. ppleme'n~l Re.t!rement System (New System), that the ,m..plemen~ti.on of th,s option allowed senior employees the opportunity to participate in the same benefi..te that are provided to new employees; and this" * of o o " window _ _ pp ~.un,~_ was_opened on February t, 1995 and closed at 5:00 p.m., on May 16, 1995, was before Council. It was explained that 128 of 565 eligible members (23 per cent) took advantage of the option. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that the report be received and filed. T. he vmoO~..on was seconded by Mr. Edwards and adopted by the follow, ng 189 AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers 7. 0. NAYS: None HEARING OF CITIZENS UPON PUBLIC MATTERS: ANNUAL REPORTS-COMMITTEES-YOUTH: Thomas H. Miller, Chairperson, Youth Services Citizen Board, presented s written report outlining accomplishments and activities of the Board and the Office on Youth for program years covering July 1, 1992 through June 30, 1995. ACTION: (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. OTHER HEARINGS OF CITIZENS: None. PETITIONS AND COMMUNICATIONS: BUDGET-BONDS/BOND ISSUES-CAPITAL IMPROVEMENTS PROGRAM-GRANTS-SCHOOLS-EQUIPMENT: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. $17,967.00 in State funds which represents earned interest received on Virginia Public School Authority Bonds and may be used for costs associated with the renovation of schools. $152,000.00 to provide networking infrastructure, classroom computer system and library automation at Wasena Elementary School. Funds will be provided from the 1995 capital bond issue and the Virginia Depa~t,,ent of Education Networking and Library Automation grant funds with a local match. 190 Grant No. 6149 Grant No. 3238 Grant No. 6308 Grant No. 6449 Grant No. 6450 Grant No. 6082 $2,411,609.00 for the Title I Winter Program to provide rsmedi.al ra,ding, I,ngu,ge ,rte and Ii mathematics ,nstructlon for students in ._ targeted schools. The Program is 100 per cent reimbursed by Federal funds. $162,373.00 for the 1995-96 Chapter II Program to provide funds for the improvement of instructional services in the school district. The Program will be reimbursed by Federal funds with a local match. $922,059.00 for the 1995-96 Governor's School Program to provide instruction in science and math to high school students. The Program will be supported by State funds and tuition collected from participating school districts. $118,970.00 for the 1996 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. $1,029,935.00 for the Alternative Education Program to provide instruction and guidance services to secondary level at-dsk students at the Noel C. Taylor Learning Academy. Federal funding will be provided in the amount of $50,257.00, with a local match of $979,678.00. $2,000,000.00 from capital bond funds to provide initial funding for the mod,~rnization of Jackson Middle School for construction costs through January 1996. The total construction cost of $5,508,945.00 will be financed with $2,500,000.00 in a Literary Fund loan and $3,008,945.00 in capital bond funds. 191 Grant No. 6527 Grant No. 6528 Grant No. 6529 Grant No. 6530 Grant No. 6776 Grant No. 6777 Grant No. 6778 - $923,000.00 for the 1995-96 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. - $58,132.00 for the 1995-96 Child Development Clinic Program to provide funds for the salary and expenses of the educational coordinator at the clinic. The Program will be reimbursed 100 per cent by State funds. $50,287.00 for the 1995-96 Child Specialty Services Program to provide funds for the salary and expenses of the educational coordinator. The Program will be reimbursed 100 per cent by State funds. $102,977.00 for the 1995-96 Juvenile Detention Home Program to provide funds for the salary and expenses of the two coordinators. The Program will be 100 per cant reimbursed by State funds. $120,867.00 for the 1995-96 Adult Basic Education Program to provide funds for the education of adults who have not completed high school. The Program will be reimbursed by Federal funds and a local match. - $109,822.00 for the 1995-96 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. - $318,535.00 for the 1995-96 Perkins Act Program to provide funds for vocational instructors and equipment. The Program will be reimbursed 100 per cent by Federal funds. 192 Grant No. 6779 Grant No. 6780 Grant No. 6781 Grant No. 6782 Grant No. 6934 Grant No. 6935 - $35,163.00 for the 1995-96 Regional Edu..c. ation Specialist Pro.gram to provide ancdlary and support ssrv,css for the Adult Literacy and Basic Education Program in the planning district. The Program will be 100 per cent reimbursed by State funds. - $27,000.00 for the 1995-96 Adult Education in the Jails Program which will provide psss- through funds to be used for instruction to inmates to aid in their acquisition of the GED certificate. The Program will be reimbursed 100 per cent by Federal funds. $107,010.00 for the 1995-96 Regional Adult Literacy (TAP) Program 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 Roanoke City Schools. $7,772.00 for the 1995-96 GED testing Program to provide instructions for GED preparation classes and for administration of the GED examinations. The source of funds will be student fees. $80,642.00 for the 1995-96 Drug Free Schools Program to provide funding for two student assistance counselors at the secondary level to work with substance abuse issues. The Program will be reimbursed 100 per cent by Federal funds. $256,296.00 for the 1995-96 Project YES Program to identify, assess, evaluate and provide assistance for at-risk sixth and ninth grade students who are potential dropouts. The Program will be 100 per cent reimbursed by State funds. 193 ACTION: Grant No. 6936 $129,458.00 for the 1995-96 Regional Altemative 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 by Stats funds with a local match. Grant No. 6937 - $60,854.00 for the t995-96 Grants Management Program to provide funding for the salary and fringe benefits of the Director of Grants. Expenditures will be t00 per cant reimbursed by Federal funds. A report of the Director of Finance recommending that Council concur in the requests of the School Board and transmitting ordinances appropriating the requested funds, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Ma. Wyatt offered the following emergency budget ordinance: (~32520-062695) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Capital Projects Fund and School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 285.) Ms. Wyatt moved the adoption of Ordinance No. 32520-062695. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers 7. NAYS: None 0. 194 ACTION: Ms. Wyatt offered the following emergency budget ordinance: (ft32521-062695) 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. 57, page 287.) Ms. Wyatt moved the adoption of Ordinance No. 32521-062695. The motion was seconded by Mr. White and adopted by the following vote: ACTION: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers. 7. NAYS: None Ms. Wyatt offered the following resolution: (ft32522-062695) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for networking infrastructure, classroom computer system., and library automation at Wasena Elementary School and declanng the City's intent to borrow to fund or reimburse such expenditures. (For full text of Resolution, see Resolution Book No. 57, page 300.) Ms. Wyatt moved the adoption of Resolution No. 32522-062695. 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... GRANTS-SCHOOLS: A communication from the Roanoke City School Board requesting the close-out of 44 school grants which have been completed, with total outlays amounting to $14,954,307.38, and revenue provided as follows, was before Council. 195 Federal Funds State Funds Fees Local Match $11,885,787.80 1,525,968.52 318,385.86 t,224,t65.20 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 communication and report on file in the City Clerk's Office.) ACTION: Mr. White moved that Council concur in the request of the School Board. The motion was seconded by Ms. Wyatt and unanimously adopted. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-JEFFERSON CENTER-SCHOOLS: The City Manager submitted a written report advising that on March 27, t995, the Jefferson Center Foundation, Ltd., requested an appropriation of $600,000.00 to be used for improvements and renovations to Fitzpatrick Hall in the Jefferson Center; that the City Manager was requested to submit a recommendation to Council during 1995-96 budget study with regard to funding for the project; that an agreement as to terms and conditions of City participation is needed between the City and the Jefferson Center Foundation if the City is to contribute to the project; and the Jefferson Center Foundation has agreed, in principal, to the terms and conditions of an agreement for the project, in a form to be approved by the City Attorney, as follows: The scope of the project will provide for complete interior renovation of Fitzpatrick Hall in the Jefferson Center for use as a conference and banquet facility. Jefferson Center Foundation will secure architectural and engineering plans at ite sole cost and expense. 196 Jefferson Center Foundation will procure the services of a contractor to pe~.o, rm .the agreed upon work in full compliance with the V,rgime Public Procurement Act and procurement provisions of the Code of the City of Roanoke (1979), as amended. The City will assign a project manager and engineering inspector to monitor the project to ensure that City progress payments to the Jefferson Center Foundation do not exceed the value of work performed. Jefferson Center Foundation will submit the renovation plan to a designated City project manager for review and approval. The contractor performing renovation work will obtain the required permits, insurance coverage and bonding. The City shall remit monthly payments to the Jefferson Center Foundation based on · billing invoice from the contractor documenting renovation activities performed or completed. City funding for the project will not exceed $600,000.00. 1 Jefferson Center Foundation will operate and maintain Fitzpatrick Hall at its sole cost and expense. Time of performance for the agreement and completion of the renovation project is July 1, t995 to June 30, 1996. Based on directions by Council to the City Manager on May 2, 1995, the City Manager recommended that Council concur in the following actions: Provide $600,000.00 to the Jefferson Center Foundation, Ltd., for the renovation of Fitzpatrick Hall by transferring funds in the amount of $490,000.00 from Account No. 001- 024-3310-8005, Jail Recovered Costs, and $110,000.00 from Account No. 001-002-9410-2199, Contingency, to an account to be established in the Capital Projects Fund by the Director of Finance. 197 Authorize the City Manager to enter into an agreement, in a form to be approved by the City Attorney, with the Jefferson Center Foundation for renovation of Fitzpetrick Hell. ACTION: (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency budget ordinance: (#32523-062695) 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 301.) Mrs. Bowles moved the adoption of Ordinance No. 32523-062695. The motion was seconded by Mr. Edwards. Mr. White requested that the record reflect that he supports the Jefferson Center; however, he could not support the above ordinance because it violetes sound fiscal responsibility end previously long established policy by the present Council and previous Councils. He advised that if the request is approved, funding for a one-time capital project in the amount of $600,000.00 will be taken out of the normal ranking process which requires capital projects to be prioritized against other capital projects, and urged that Council defer action on the request of the Jefferson Center Foundation and refer the matter to the budget process to be prioritized against other capital projects. Ms. Wyatt concurred in Mr. White's remarks that if the request is apporved, Council will be violating its own rules of procedure; however, she stated that Council directed the City Manager to identi~ funds in the amount of $600,000.00, that the City Manager complied with Council's instructions, and Council has no other choice but to support funding for the Jefferson Center. She asked that the record reflect that she will support the request presently under consideration, but she will not vote for future requests that violate Council's established policy of prioritizing capital projects. 198 Warner N. Dalhoues, Vice-President, Jeffereo.n. Center Founda.tion, Ltd., advised that the Jefferson Center Foundation is not requesting an expenditure from which no funds will be retumed to the I City, and noted that the Jefferson Center Foundation was requested to make recommendations as to continued utilization for the building. He added that when Fitzpatric Hall is completed, there will be an excess of revenues over expenditures of approximately $100,000.00 per year, which represents an investment in an asset that is owned by the City of Roanoke. He added that with the exception of Center In The Square, no community facility has ever bccn $o popular or so quickly accepted as the Jefferson Center, with over 100 affairs in Fitzpatrick Hall alone by persons who cannot afford the facilities at The Hotel Roanoke & Conference Center. He stated that citizens of this community will be pleased that the City was farsighted enough to provide a facility to serve the needs of all economic strata. Mr. McCadden concurred with Mr. White and Ms. Wyatt that the Jefferson Center project should have been prioritized along with other capital projects, and stated that in the future, Council should not break away from its established rules of procedure. He concurred with Mr. Dalhouse that funding for the Jefferson Center is an investment and he would support the request for funds. Mr. Parrott advised that Council has established a procedure for handling capital projects, but he did not believe that The Jefferson Center request is a capital project in the usual sense. He called attention to contributions by the Jefferson Center Foundation Board of Directors in not only private fund raising, but volunteer hours. Mrs. Bowles spoke in support of the request for funds, and advised that the Jefferson Center Foundation was requested to work toward renovation of The Jefferson Center, thereby increasing the quality of life for citizens of the Roanoke community. She called attention to a constant flow of requests for various City projects and advised that Council must be mindful of those requests that touch the lives of the majority of citizens, and the quality of service that is offered at The Jefferson Center will touch the lives of citizens of all ages. Mr. Edwards spoke in support of the request and commended the efforts of the Jefferson Center Foundation. He stated that the project will reap dividends and provide a good investment in the future of the Roanoke community. 199 Ordinance No. 32523-062695 was adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, Wyatt, Bowles end Mayor Bowers 6. NAYS: Council Member White Mrs. Bowles offered the following emergency ordinance: (#32524-062695) AN ORDINANCE authorizing a certain contract to be entered into between the City of Roanoke and Jefferson Center Foundation, Ltd., relating to the terms and conditions of City Council's appropriation of an amount not to exceed $600,000.00 to be utilized in renovation ora portion of the City-owned former Jefferson High School Building; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 302.) ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32524-062695. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, Wyatt, Bowles and Mayor Bowers 6. NAYS: Council Member White Ms. Evelyn Do Bethel, 35 Patton Avenue, N. E., advised that the City should have no better invsstment than to provide basic necessities for its neighborhoods, which services are funded through taxpayer dollards; and recreational, educational and cultural activities should be provided for Roanoke's children because they represent the future. She expressed concern over what the young persons in the Council Chamber must have felt as they listened to Council discuss investment in terms of money. BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that Council authorized the filing of a Community Development Block Grant (CDBG) application through submission of the Consolidated Plan to the Deparbl~ent of Housing and Urban Development (HUD) for fiscal year 1995-96 on May 8, 1995, pursuant to Resolution No. 32476-050895, which approval is forthcoming, and the letter of approval is pending the routine 2OO Congressional release process; that grant approval is for $2,214,000.00, which is the amount requested by the City, and includes .$178,496.00 in 1 expected CDBG program income from parking rece,pte, Housing Authority rehabilitation loan repayments, Cooper Industries land lease, miscellaneous loan repayments, and repayments from the Home Ownership Assistance Program, for a total appropriation of $2,392,496.00; end an additional $97,650.00 needs to be transferred between accounts in the prior two years of CDBG entitlement, as detailed in the fiscal year 1995-96 CDBG program. The City Manager recommended that Council concur in the following actions: Adopt a resolution accepting fiscal year 1995-96 Community Development Block Grant funds when the letter of approval is received from the U. S. Department of Housing and Urban Development, and authorize the City Manager to execute the grant agreement, in a form to be approved by the City Attorney, Funding Approval and all other requisite documents required by HUD on behalf of the City in order to accept the funds. Appropriate $2,392,496.00 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance ($2,214,000.00 CDBG entitlement and $178,496.00 projected program income), as detailed in Attachment A to the report. Transfer $67,650.00 between accounts in the prior two years of CDBG entitlements, as detailed in Attachment B to the report. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (ft32525-062695) 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 304.) 201 ACTION: ACTION: Mr. Psrrott moved the adoption of Ordinance No. 32525-062695. The motion was seconded by Mr. McCsdden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers 7. NAYS: None 0. Mr. Parrott offered the following resolution: (~32526-062695) A RESOLUTION accepting the Fiscal Year 1995- 96 funds for the Community Development Block Grant Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Depacb,ent of Housing and Urban Development (HUD). (For full text of Resolution, see Resolution Book No. 57, page 3t0.) Mr. Parrott moved the adoption of Resolution No. 32526-062695. 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-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that on May 8, 1995, pursuant to Resolution No. 32476.050895, Council authorized the filing of a HOME Investment Partnership Program (HOME) application through submission of the Consolidated Plan to the Department of Housing and Urban Development (HUD) for fiscal year 1995-96, which spproval is forthcoming and a letter of approval is pending the routine Congressional release process; that grant approval is for $651,000.00, which is the entitlement amount requested by the City; and $194,129.00 needs to be transferred within 1994-95 entitlement accounts to projects included in fiscal year 1995-96 HOME Investment Partnership Program. The City Manager recommended that Council concur in the following actions: 2O2 Adopt a resolution accepting the fiscal year 1995-96 HOME funds when the approval letter is received from the U. S. Department of Housing and Urban Development, and authorize the City Manager to execute the requisite grant agreement, in a form to be approved by the City Attorney, Funding Approval, and any other forms required by HUD on behalf of the City in order to accept such funds. Appropriate $651,000.00 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance. Transfer $194,129.00 within the 1994-95 entitlement accounts to accounts as detailed in Attachment A to the report ACTION: (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (#32527-052695) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Grant Fund Appropriations, and providing for I' an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 311.) T' M..s. Wyatt moved the adoption of Ordinance No. 32527-062695. ne moron 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. Ms. Wyatt offered the following resolution: _ .(#32528-062695) A RESOLUTION authorizin, snnro,,-;-*- ,';,-. mc,a. ls to execute an agreement w,th the Un,ted States Department of Housing and Urban Development (HUD) accepting the Fiscal Year 203 ACTION: 1995-96 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. 57, page 3t4.) Ms. Wyatt moved the adoption of Resolution No. 32528-062695. The motion wes seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers 7. NAYS: None 0. BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that on May 8, 1995, pursuant to Resolution No. 32476-050895, Council authorized the filing of an Emergency Shelter Grant (ESG) application through submission of the Consolidated Plan to the Depa~b~ent of Housing and Urban Development (HUD) for fiscal year 1995-96, which application approval is forthcoming and s letter of approval is pending the routine Congressional release process; and grant approval is for $82,000.00, which is the amount requested by the City. The City Manager recommended that Council concur in the following actions: Adopt a resolution accepting fiscal year 1995-96 Emergency Shelter Grant funds when the letter of approval is received from the U. S. Depe,b,,ent of Housing and Urban Development, and authorize the City Manager to execute the requisite grant agreement, in a form to be approved by the City Attorney, Funding Approval, and any other forms required by HUD on behalf of the City in order to accept such funds. Appropriate $82,000.00 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance, as detailed in Attachment A to the report. (For full text, see report on file in the City Clerk's Office.) 204 ACTION: ACTION: Ms. Wyatt offered the following emergency budget ord. inance: (#32529-062695) AN ORDINANCE to amend and reorda~n 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 314.) Ms. Wyatt moved the adoption of Ordinance No. 32529-062695. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers 7. NAYS: None .... 0. Ms. Wyatt offered the following resolution: (#32530-062695) A RESOLUTION authorizing appropriate City officials to execute an agreement with the United States Department of Housing and Urban Development (HUD) accep~ng the Fiscal Yea. r 1995- 96 Emergency Shelter Grant Program allocation, and authoriz,ng the I execution and submittal of the requisite documents for such funding. (For full text of Resolution, see Resolution Book No. 57, page 316.) Ms. Wyatt moved the adoption of Resolution No. 32530-062695. 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. BUDGET-BRIDGES-STREETS AND ALLEYS: The City Manager submitted a written report advising that the Walnut Avenue Bridge Replacement Project is scheduled for advertisement in the fall of 1995 pending completion of right-of-way acquisition, with an anticipated construction time of one year; that partial funding in the amount of $909,849.00 is available, $633,349.00 existing in the General Fund Transfers to CapPal Projects Fund, Account No. 00t-004-9310-9508 and 205 ACTION: $276,500.00 is available for appropriation from existing funds in the Capital Projects Fund; that estimated coat for bridge replacement ia $1,530,000.00; and additional funding required ia available in the General Fund Transfers to Capital Projects Fund account for fiscal year t995-96. The City Manager recommended that the Director of Finance be authorized to transfer $633,349.00 from General Fund Transfers to Capital Projects Fund, Account No. 001-004-9310-9508, and appropriate an additional $276,500.00, which ia available in the Capital Projects Fund, for s total of $909,849.00, to the Capital Fund, Account No. 008- 052-9684-9003, Walnut Avenue Bridge Replacement. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#32531-062695) 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 316.) Mrs. Bowles moved the adoption of Ordinance No. 32531-062695. 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. BUDGET-BUILDINGS/BUILDING DEPARTMENT-PUBLICWORKS- MUNICIPAL BUILDING-CMERP-DISABLED PERSONS-COURTS FACILITY-EQUIPMENT: The City Manager submitted a written report advising that the Americans with Disabilities Act (ADA) requires that certain standards be met relative to access to public facilities by disabled persons; that the General Fund Capital Maintenance and Equipment Replacement Program (CMERP) has identified the need to replace old and unserviceable door Iockests in the Municipal Complex and the Courts Facility; whereupon, the City Manager recommended that Council appropriate $29,729.00 from the General Fund Capital 206 ACTION: Maintenance and Equipment Replacement Program to Building Maintenance, Account No. 0014352-4330-3056, to allow for the ?. urchase of 350 Iocksets with handles to replace old unserviceable umte and to meet required Americans with Disabilities Act standards. {For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~32532-062695) 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 317.) Mr. Parrott moved the adoption of Ordinance No. 32532-062695. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers ........ 7. NAYS:None ..... 0. it PARKS AND RECREATION-SWIMMING POOLS-FEE COMPENDIUM: The City Manager submitted a written report advising that the Parka and Recreation Department has received requests from residents and organizations for multi-admission discounted booklets for the two City swimming pools; that offering multi-admission booklets at a reduced average per ticket price serves to make swimming more accessible by lowering the cost; that revenues from City pools are used to offset operational expenses; and current daily rates as established by the Fee Compendium are $1.00 for children (15 years and younger) and $2.00 for adults (16 years and older). The City Manager recommended that Council approve the request of the Department of Parks and Recreation to issue multiple admission discounted pool pass booklets at the following rates, and authorize the Director of Finance to make appropriate changes to the City's Fee Compendium to reflect said rates: 207 ACTION: ACTION: Adults (16 and over) 15 Admission Book $25.00 25 Admission Book $41.00 40 Admission Book $65.00 Youth (15 and younger) 15 Admission Book $13.00 25 Admission Book - $21.00 40 Admission Book - $33.00 (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#32533-062695) A RESOLUTION amending the City's Fee Compendium to establish fees for issuance of multi-admission discounted booklets for use at swimming pools owned by the City. (For full text of Resolution, see Resolution Book No. 57, page 318.) Mr. White moved the adoption of Resolution No. 32533-062695. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers 7. NAYS: None 0. Following discussion, the City Manager was requested to provide Council with a briefing in regard to fees charged by the City for programs and activities sponsored by the Depa,b,,ent of Parks and Recreation for youth and senior citizens. At 4:05 p.m., the Mayor declared the meeting in recess. At 4:t5 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. 2O8 BUDGET-TRAFFIC-BUILDINGS/BUILDING DEPARTMENT- WORKERS COMPENSATION-REFUSE COLLECTION-PUBLIC WORKS- RECYCLING: The City Manager submitted a wnttsn report advising that the adopted budget for Solid Waste Management for fiscal year 199498 was prepared based on several budget assumptions regarding the cost of operating refuse disposal programs, as follows: Estimated tens of refuse to be disposed of at the Roanoke Valley Resource Authority during fiscal year 1994-95 would be 43,000 tons. Payment request for materials disposed of at the Roanoke Valley Resource Authority in previous budget years would continue to be received and processed for payment on a monthly basis. Free disposal homeowner's program began in July 1994, which allows City residents to transport and dispose free of charge up to one pick-up truck load of materials at the Roanoke Valley Resource Authority. It .was further advised that budget assumptions for operating refuse d,sp. osal programs were changed during the fiscal year, due to the following: Tons of refuse disposed of at the Roanoke Valley Resource Authority exceeded the City's budget estimate by t,250 tons, and the cost of the additional 1,250 tons at $40.00 per ton is $50,000.00. Payment request for materials disposed of at the Roanoke Valley Resource Authority was changed from monthly billing te weekly billing on July t, 1993; and the fiscal year 1994-95 budget will reflect disposal charges for a 13- month cycle, and this additional month charge will be $108,000.00 and will not occur in future fiscal years. Partial tons of materials generated by the homeowner's program could not be absorbed with current funding, therefore, additional funding of $32,000.00 is needed. 2O9 ACTION: The City Manager recommended that Council authorize transfer of $190,000.00 to Solid Waste Management - Refuse, Account No. 00t- 052-4210-2010. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: (#32534-062595) 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 320.) Mr. McCadden moved the adoption of Ordinance No. 32534- 062695. 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. BUDGET-POLICE DEPARTMENT-PARKS AND RECREATION- DRUGS/SUBSTANCE ABUSE-DIVISION OF MOTOR VEHICLES- GRANTS-YOUTH-SCHOOLS: The City Manager submitted a written report advising that two Virginia Deparb~,ent of Motor Vehicle grants were applied for in the amount of $1,500.00 each in 1994 for the D.A.R.E. Camp; and funds totalling $3,000.00 have been wire transferred from the DMV to the City and deposited into Account No. 001-020-1234-0689. The City Manager recommended that Council concur in the following actions: Accept the two grants from the Division of Motor Vehicles, in the amount of $1,500.00 each. Appropriate $3,000.00 to the Parks and Recreation Department budget, Account No. 00t-052-7110-2157, and increase the revenue estimate in Account Ho. 001-020- 1234-0689. 210 ACTION: ACTION: Authorize the City Manager, or his designee, to execute all necessary documents with regard to the said grants. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency budget ordinance: (ff325354)62695) AN ORDINANCE to amend and raordain 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 321.) Mrs. Bowies moved the adoption of Ordinance No. 325354)62695. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrot'(, White, Wyatt, Bowies and Mayor Bowers 7. NAYS: None 0. Mrs. Bowles offered the following resolution: (#32536-062695) A RESOLUTION authorizing the acceptance of Drug Abuse Resistance Education Grants made to the City of Roanoke by the Virginia Department of Motor Vehicles. (For full text of Resolution, see Resolution Book No. 57, page 322.) Mrs. Bowies moved the adoption of Resolution No. 32536-062695. 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 COMMUNICATIONS DEPARTMENT-BELL ATLANTIC - VA., INC.- EQUIPMENT: The City Manager submittsd a written report advising that the City is provided with local telephone service (Centrex) by Bell Atlantic - Virginia, Inc.; that the City renews service each year, but the 211 City is not under a multi-year contract, and prices could rise in future years in the absence of competition and a firm contract; and Bell Atlantic is the only telephone company authorized to provide local telephone service within the City of Roanoke, pursuant to Virginia law. It was further advised that the City currently has a monthly rate for Centrex (local) telephone service at $15.80 per telephone line, plus an overhead of $65.25 for each increment of ten lines, et an annual cost for all City local telephone service, including schools, of $369,292.80; and the City will competitively bid local telephone service to get the best price if and when the State authorizes competition. It was explained that Bell Atlantic has a desire to enter into a long-term contract with the City; and the City has advised that it would only consider a long-term contract if there are sufficient financial incentives, therefore, Bell Atlantic has agreed to the following two-part, five-year contract, which provides for the following: A five-year Centrex contract, the maximum length the City agreed to, for local telephone service, and a seven-year lease of new 9-1-1 equipment. Under this proposal, Centrex costs decrease and 9-1-1 equipment costa increase. The next result is an annual savings for the first five years of $10,279.68 and the use of modere, state-of-the-art 9-1-1 equipment. The total value to the City of this proposal for the first five years, consisting of savings plus the value of new equipment, is $240,132.00. The City Manager recommended that he be authorized to enter into a five-year contract with Bell Atlantic - Virginia, Inc., to provide for Centrex service, which includes a seven-year lease for 9-1-1 equipment in order to reduce Centrex costs and installation of new 9-t-1 equipment. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following resolution: 2].2 '"1 ACTION: (#32537-062695) A RESOLUTION authorizing the execution of a con~act with Bell Atlantic - Virginia, Inc., to provide local .telephone serv,ce to the City and to lease to the City certain 9-1-1 equ,pment. I (For full text of Resolution, see Resolution Book No. 57, page 323.) Mr. Edwards moved the adoption of Resolution No. 32537- 062695. 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... BUDGET-HUMAN DEVELOPMENT-GRANTS-YOUTH-SCHOOLS: The City Manager submitted a written report advising that the Comprehensive Services Act For At-Risk Youth and Families (CSA) Administrative fund expenditures include salaries and fringe benefits for the CSA Administrator, the CSA Family Assessment and Planning Coordinator, and CSA administrative expenses; and total funding for administrative costs for the period July 1, 1994 through June 30, 1995, total $59,133.00. It was further advised that estimated CSA fiscal year 1995 administrative expenditures are $56,961.00; and State and School funding needs to be appropriated into CSA Administrative Account No. 001-054-5411-1002, along with the City's local cash match. The City Manager recommended that Council authorize the appropriation of additional funds for Comprehensive Services Act administrative costs for fiscal year 1995, as follows: Increase Revenue Accounts; 001-020-1234-0693 (CSA State Administration) $18,080.00 001-020-1234-0695 (CSA School Administration) 13,342.00 Increase Expenditures; 001-054-5411-1002 (CSA Administration) 001-054-5411-!002 (CSA Administration) $18,080.00 13,342.00 ACTION: From: Account No. 001-054-0410.3t71 (CSA) To: Account No. 001,054-5411-1002 (CSA Administration (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency ordinance: $ 6,920.00 6,920.00 budget (#32538-062695) 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 325.) Mr. McCadden moved the adoption of Ordinance No. 32538- 062695. 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. BUDGET-HUMAN DEVELOPMENT-YOUTH-SCHOOLS: The City Manager submitted s written report advising that in January 1994, the Commission on Equity in Public Education adopted and endorsed four programs as core elements to "healthy public schools", and the Pre- School Program for At-Risk Four Year Olds was one of the four programs; that State funding will be available on July 1, 1995, to expand the Comprehensive Pre-School Program to 30 per cent of at- risk four-year olds who are not being sewed by programs such as Head Start and Chapter I; and the purpose of the program is to reduce disparities among young children' upon formal school entry and to reduce or eliminate those risk factors that lead to early academic failure. 213 It was further advised that staff of the Roanoke City public schools has identified 150 children who meet the criteria for at-risk four-year olds; that the Roanoke City public schools, along with the Roanoke City Department of Social Services, Roanoke City Health 214 ACTION: Department, end the Roanoke City Office of the Director of Human .Development have developed · program proposal to be implemented ,n the 1995-96 school year to serve approximately 90 children; that funding from the State is available in the amount of $90,508.00, with the Roanoke City public schools providing $75,000.00; and the City of Roanoke is requested to provide $75,000.00, with local funding having been identified in the Comprehensive Services Act For At-Risk Youth end Family Program in the budget of the Office of Director of Human Development, which funding is available from fiscal year 1994-95 carryover funding. The City Manager recommended that Council authorize funding in the amount of $75,000.00 to be transferred to Roanoke City Public Schools, Account No. 030-060-6001-6000-0t21, from the budget of the Comprehensive Services Act For At-Risk Youth and Families. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (f~32539-062695) AN ORDINANCE to amend and reordain certain eecti.ons of the 1994-95 General and School Fund Appropriations, and prowding for an emergency. !' (For full text of Ordinance, see Ordinance Book No. 57, page 326.) Me. Wyatt moved the adoption of Ordinance No. 32539-062695. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers. 7. NAYS: None BUDGET-HEALTH DEPARTMENT-HUMAN DEVELOPMENT- DRUGS/SUBSTANCE ABUSE-CITY EMPLOYEES-GRANTS: The City Manager submitted a written report advising that the demand for HIV/AIDS related services is growing in the City of Roanoke; that the Roanoke City Health Department has a need for clerical and program support for the ATS, AIDS services and education grant and other sexually transmitted diaease services; that the secretarial position was denied for renewal by the Secretary of Health and Human Services, 215 which position would have provided support services to HIVIAIDS clients within the health districts; and the Health Department was previously awarded a grant from the Bureau of Sexually Transmitted Diseases/AIDS from the Virginia Department of Health for the position of AIDS Program Coordinator. It was explained that the Roanoke City Health District and the Allegheny Health District have received a Ryan White Foundation grant for a Public Health Outreach Worker and received funding for an Office Services Assistant position from an Anonymous Test Site Federal grant; and Ryan White Foundation funds have provided outreach worker services for the HIVIAIDS projects for the past three years. The City Manager recommended that Council concur in the following actions: Authorize the City Manager to accept funds, in the amount of $24,300.00, from the Roanoke City and Allegheny Health Districts and approve establishment of grant positions for a Public Health Outreach Worker and an Office Services Assistant. Appropriate $24,300.00 to the following accounts to be established in the Grant Fund, with a corresponding revenue estimate for revenue to be received from the Roanoke City Health Department: Salaries $22,294.00 FICA 1,706.00 Other (travel) 300.00 (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (~32540-062695) 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 327.) 216 ACTION: Ms. Wyatt moved the adoption of Ordinance No. 32540-062695. 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. Ms. Wyatt offered the following resolution: (#32541-062695) A RESOLUTION authorizing the acceptance of funds from the Roanoke City and Allegheny Health Districts for establishment of the Public Health Outreach Worker end Office Services Assistant positions for the Roanoke City Health Department, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 57, page 329.) ACTION: Ms. Wyatt moved the adoption of Resolution No. 32541-062695. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrot'(, White, Wyatt, Bowles and Mayor Bowers 7. NAYS: None 0. HEALTH DEPARTMENT-HUMAN DEVELOPMENT-CITY EMPLOYEES-GRANTS: The City Manager submitted a written report advising that the demand for community education and health promotion services is growing in the City of Roanoke; that staff members of the Healthy Services Differences Community Education and Health Promotion Services team provide valuable support and consultation to area health and safety action groups, and the program also provides an essential network between providers of health promotion services and consumers of those services through its capacity as a community resource center. It was further advised that the Roanoke City Health Department, in conjunction with the Allegheny Health District, has been awarded a $175,000.00 grant to provide community education and health promotion services within the Fifth Planning District; that the grant will 217 ACTION: support two full-time classified Public Health Nurees Sr, one full-time classified Health Education Sr, one part-time Health Educator, and two part-time Office Services Assistants; that a hiring freeze has been imposed on the Roanoke City Health Department by the Commonwealth of Virginia limiting the number of Stats employees, therefore, the part- time Office Services Assistant position which serves the Roanoke City Office wee disapproved by the Secretary of Health and Human Services; and the Office Services Assistant position provides clerical support to two of the full-time and the part-time professional positions and also serves as a vital link between citizen requests for services and the timely provision of said services. The City Manager recommended that Council authorize acceptance of $8,926.00 from the Roanoke City Health Department and the Allegheny Health District to establish an Office Services Assistant wage position to be housed/supervised and funded by the Healthy Differences Program at the Roanoke City Health Department, and appropriate $8,926.00 to the following accounts to be established in the Grant Fund, with a corresponding revenue estimate for revenue to be received from the Roanoke City Health Department: Wages - 24 hours/week for 50 weeks $8,292.00 FICA 634.00 (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#32542-062695) 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 329.) Mrs. Bowles moved the adoption of Ordinance No. 32542-062695. 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. 219 ACTION: ACTION: The City Manager recommended that Council authorize appropriation of $119,079.00 to The Hotel Roanoke Conference Center Commission, Account No. 010-020-9657-9003, and increase the current year revenue estimates by $110,829.00, with the balance of $8,250.00 to be funded by prior year's retained eamings. (For full toxt, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (ff32544-062695) AN ORDINANCE to amend and reordein certain sections of the 1994-95 Hotel Roanoke Conference Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 331.) Mr. White moved the adoption of Ordinance No. 32544-062695. 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. DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITSIFINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of May 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. TAXES-VIRGINIA TECH-HOTEL ROANOKE CONFERENCE CENTER: The Director of Finance submitted a written report advising that the City applied under the Public Facilities Act of the Code of Virginia (t950), as amended, to receive certain sales tax rebates generated from transactions at The Hotel Roanoke & Conference Center; that components of the 41/~ cents sales tax is one cent local option for the locality and 3% cents State share; that the rebate, equal 220 ACTION: to 2 cents of the State's 3% cents of sales tax, must be earmarked for repayment of the $13.8 million of bonds issued to construct the Conference Center facility; and tho rebate is estimated to total $225,000.00 for fiscal year t996 and will continue over the life of the bonds, with revenues to be remitted to the City monthly. It was explained that in order to begin receiving the rebate, Council is required to certify to the Stats Council on Local Debt and the Comptroller that renovation and construction are complete; that The Hotel Roanoke & Conference Center held its "soft" opening on April 3 and its grand opening on April 29, 1995; and only minor cosmetic adjustments remain incomplets. The Director of Finance recommended that Council adopt of a resolution certifying that all construction and renovation related to The Hotel Roanoke & Conference Center are complete and requesting remittance of the applicable sales tax. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#32545-062695) A RESOLUTION certifying to the State Council on Local Debt and the State Comptroller that any and all construction, renovation and expansion in connection with the Hotel Roanoke & Conference Center Project have been completed and requesting remittance of sales tax revenues under the Public Facilities Act to commence as soon as possible. (For full text of Resolution, see Resolution Book No. 57, page 333.) Mr. Parrott moved the adoption of Resolution No. 32545-062695. The motion was seconded by Mr. White and adopted by the following vote: il Ii AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers 7. NAYS: None Oe 221 BUDGET-SEWERS AND STORM DRAINS-CAPITAL IMPROVEMEN. TS PROGRAM-WATER RESOURCES: The Director of Finance eubmlttod a wHttsn report advising that capital projects of all types have been approved by Council for construction over the past years, which projects have included construction in major categories for buildings, parks, highways, sanitary sewers and storm drains; that funding is established for each project when Council approves construction based on bids for various construction costs, as well as contingency funding; and completed projects have contingency funds remaining after final bills are paid inasmuch as most projects are completed within established budgets. It was further advised that a number of projects have been completed and may be closed out; that remaining funds need to be transferred from the completed projects to capital projects still under construction or to capital improvement reserve accounts for other future construction; that a proposed budget ordinance will transfer $92,066.00 in remaining funds in completed projects to the capital improvement reserve to be available for further appropriations; and the proposed ordinance will also transfer bond proceeds funding of $901,932.00 between existing Water Plant Expansion project accounts I and de-appropriate $901,932.00 in funding previously appropriated from retained earnings, with overall total funding for Water Plant Expansion Project accounts to be unchanged. The Director of Finance recommended that Council adopt the abovereferenced budget ordinance. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (ft32546-062695) AN ORDINANCE to amend and reordain certain sections of the 1994-95 Capital Projects and Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 335.) ACTION: Mr. White moved the adoption of Ordinance No. 32546-062695. The motion was seconded by Mr. McCadden and adopted by the following vote: 222 ACTION: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers 7. NAYS: None CITY ATTORNEY: CITY CODE-LEGISLATION: The City Attomey submitted a written report advising that since 1982, Council has reenacted and recodified the City Coda on an annual basis in order to properly incorporate in the Code amendments made by the Virginia General Assembly at the previous Session to State statutes that are incorporated by reference in the City Code, which procedure ensures that the ordinances codified in Roanoke'e Code incorporate current provisions of State law; whereupon, the City Attorney recommended that Council adopt a proposed 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. Edwards offered the following emergency ordinance: (#32547-062698) 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. 57, page 338.) Mr. Edwards moved the adoption of Ordinance No. 32547-062695. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers .. 7. NAYS: None. 223 REPORTS OF COMMITTEES: BUDGET-HUMAN DEVELOPMENT-SALVATION ARMY-HOUSING/ AUTHORITY-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 1995-96. It was explained that the budget for fiscal year 1995-96 approved by Council for the Citizens Services Committee provides for allocation of $388,075.00; that 34 agency requests were received totalling $628,129.60; that performance audits were conducted for each agency receiving funds through the Citizens Services Committee to evaluate effectiveness and efficiency of funded programs; and the Citizens Services Committee requested that $9,069.00 be designated to cover monitoring expenses. The Citizens Services Committee recommended that Council concur in the funding of agencies in amounts as indicated on Attachment A 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 $388,075.00 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 the City Manager, or his designee, be authorized to negotiate a contract, in the amount of $26,000.00, 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, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#32548-062695) AN ORDINANCE to amend and reordain certain sections of the 199495 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 339.) 224 ACTION: ACTION: Mr. Parrott moved the adoption of Ordinance No. 32548-062695. The motion was seconded by Ms. Wyatt. r ~ Vice-Mayor Edwards inquired if Explore Park submitted a request for funds through the Citizens Services Committee; whereupon, Mr. Radcliffe advised that Explore submitted a request for funds through the City's General Fund, which request, along with others, wes referred to the Citizens Services Committee. He explained that the Citizens Services Committee forwarded an application to Explore Park officials; however, the application was not returned, therefor, funding for Explore Park was not considered by the Citizens Services Committee. There was discussion in regard to how the additional $t00,000.00 that wes allocated to the Citizens Services Committee during fiscal year 995-96 budget study wes divided among the various service agencies. The Mayor advised that if the Citizens Services Committee is not recommending funding for Explore Park for fiscal year 1995-96, he could not support the Committee's overall recommendations. Ordinance No. 32548-062695 wes adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Bowles 6. NAYS: Mayor Bowers Mr. McCadden offered the following resolution: (#32549-062695) . A RESOLUTION concurring in. the recommendations of the Citizens Services Committee for allocation of City funds to various nonprofit agencies and to cover monitoring expenses. (For full text of Resolution, see Resolution Book No. 57, page 342.) Mr. McCadden moved the adoption of Resolution No. 32549- 062695. The motion was seconded by Mr. Parrott and adopted by the following vote: 225 ACTION: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Bowles, 6, NAYS: Mayor Bowers 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 granting a revocable license to the owners of property located at 2632 Wycliffe Avenue, S. W., to permit extension of a wooden deck into the right-of-way of 27th Street, S. W. A staff report advised that the Building Inspector discovered that the owners of property located at 2632 Wycliffe Avenue, S. W., Mr. and Mrs. W. D. Goldsmith, had started construction of a wooden deck and instructed them to obtain the proper building permit; that the building permit wes denied because the deck did not conform to zoning setback requirements, and the owners were advised to have a survey prepared as part of a request for a variance from the Board of Zoning Appeals, which survey revealed that the deck would extend 1.3 feet into the City right-of-way; and the property owners have requested a revocable license which would allow them to complete construction of the deck that will be located approximately 2.5 feet behind the sidewalk. The Water Resources Committee recommended that Council authorize a revocable license, in a form to be approved by the City Attorney, to the property owners at 2632 Wycliffe Avenue, S. W., described as Official Tax No. 1061209, to permit extension of a wooden deck approximately 16 inches into the right-of-way of 27th Street, S. W., along the side of the property, sai¢; the license shall automatically terminate if the deck is ever removed or destroyed. (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: 226 ACTION: (f~32550) AN ORDINANCE granting revocable license for the construction of a wooden deck encroachin, g over and into the right-of- way of 27th Street, S. W., located at the s,de of the reaidence at 2632 Wycliffe Avenue, S. W., Official Tax No. 1051209, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 57, page 346.) 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. FIRE DEPARTMENT-LEAGUE OF OLDER AMERICANS-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 execution of an agreement between the City and the Southeast Action Forum, Inc., for lease of former Fire Station No. 6. A staff report advised that the lease will exp,re' on July 13, 1995; that extension of the lease for a term of five years, from July 14, 1995 to July 13, 2000, has been requested by the Southeast Action Forum, Inc., at a lease tee of $1.00 per year; and authorization has been requested to sub-leaee the League of Older Americans Senior Citizens Dining Club to be concurrent with authorization of the lease between the City and the Southeast Action Forum, Inc. The Water Resources Committee recommended that Council authorize execution of a lease agreement, between the City and Southeast Action Forum, Inc., providing for the lease of former Fire Station No. 6 and approving renewal of a sub-leaee agreement with the League of Older Americans Senior Citizens Dining Club, 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: 227 (~t32551) AN ORDINANCE authorizing the execution of the necessary agreement between the City and Southeast Action Forum, Inc., providing for the lease of former Fire Station No. 6, and approving the renewal of a sub-lease agreement with the League of Older Americans Senior Citizens Dining Club, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 57, page 348.) 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. BILLINGS AND COLLECTIONS-MUNICIPAL BUILDING- EMERGENCY MEDICAL SERVICES-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 execution of a lease agreement with Quantum Medical Business Services, Inc., for use of certain furnished office space in the Municipal Building, 215 Church Avenue, S. W. A staff report advised that the City of Roanoke Office of Emergency Medical Services (EMS) contracts with Quantum Medical Business Services, Inc., to provide billing and collection services relating to EMS ambulance transports; that office space for the billing clerk handling the City's EMS accounts is currently located in Quantum's headquarters at 2840 Electric Road; that the current location of the billing clerk is not conducive to the most efficient handling of City accounts; that a ten foot by ten foot office will be available beginning August 1, 1995, in a suite of offices currently occupied by the EMS Department, and Quantum Medical Business Services, Inc., has agreed to lease the space for the billing clerk handling City EMS accounts. 228 ACTION: ............. Committee recommended that Coun.c. il authoriiznee aWonateer, y~:~°l~[~e~, ina form to be. approved by the C,ty Attome , between the City and Quantum Medical Business Services, Inc., fo~Y~ 100 square foot furnished office space at a cost of $t0.00 per square foot, or $I,000.00 per year. (For full text, see reports on fils in the City Clerk's Office.) Mm. Bowles moved that the following ordinance be placed upon its first reading: ft32552) AN ORDINANCE authorizing the proper City official.s to . .(. _, ....... a,,~ between the City and Quantum Med,c.al enter Into a lea~u mt~,~-,,,-nt ..... ~. ...... , I,~,-afa,! In Business Services, Inc., for certsln Turnlsneo OITl~;e ~p~,~ ,v,. .... . the Municipal South Building at 215 Church Avenue, S. W., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 57, page 349.) 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. O. NAYS: None-- UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 32515 rezoning a tract of land lying on the south side of Cleveland Avenue, S. W.. between 13th Street and the right-of-way of Norfolk and Western Railway Company, described as Official Tax.Nos. 1221009 and 1221101, fro. m nM-2, Reeid.ential Mu. lti- Family, Med,um Density .D. istrict, and LM, Light Manuf.actur, ng Distr, ct, Single-Family .District, subject to proffers to RS-3, Residential ............... ,.:,.. contained in the First Ame.nded Petition ttieu m the omce Clerk on M.a.y t0, 1995, having previously been before the Counc,I for its first reading, on Monday, June 12, 1995, 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: 229 (~32515-062695) AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 122, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 57, page 277.) ACTION: Mr. Edwards moved the adoption of Ordinance No. 32515-062695. 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. STREETS AND ALLEYS: Ordinance No. 32516 permanently vacating, discontinuing and closing a portion of a 12-foot wide public alley extending 120 feet from 23rd Street, S. E., generally in a northerly direction toward Yellow Mountain Road, having previously been before the Council for its first reading on Monday, June 12, 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: (#32516-062695) 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. 57, page 278.) ACTION: Mr. McCadden moved the adoption of Ordinance No. 32516- 062695. 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. 23O ZONING: Ordinance No. 32517 rezoning all of Lot 10, Mason Map, located at 3~..3 Garden City Boulevard, S. E., described as Official Tax No. 4390117, from RM-1, Residential Multi-Family District, to CN, Neighborhood Commercial District, subject to proffers contained in an Amended Petition filed in the Office of the City Clerk on May 4, 1995, having previously been before the Council for its first reading on Monday, June 12, 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: ACTION: (~k32517-062695) AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 439, 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. 57, page 281.) Mrs. Bowies moved the adoption of Ordinance No. 32517-062695. 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 Om ZONING: Ordinance No. 32518 rezon!ng all of Lot 1, Block 1, located at 1636 Dale Avenue, S. E., descr, bed as Official Tax No. ~12el. 2.2.21,. fro.m_ RM-1, .Residential Multi-Family District, to CN, ,gn=ornooa ~;ommerclal District, subject to proffers contained in an Amended Petition filed in the Office of the C..ity Clerk on May 4, 1995, having previously been before the Counc,I .for its first reading o.n Monday, June 12, 1995, read and adopted on ~te first reading and la,d over, was again be.fore the body, Mr..M. cCadden offering the following for its second read,ng and final adoption: _ (#32518-062695) AN ORDINANCE to amend Section 36 1 oef__t.h.._e__C,i.ty...o.f_Roan, o.k, (t..979), as amended, and Sheet' ~3o'. ~u, una, 1~'6 ~one Map, C~ty of Roanoke, to rezone certain property w~th,n the C~ty, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 57, page 252.) 231 ACTION: Mr. McCadden moved the adoption of Ordinance No. 32518- 062695. 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. ZONING: Ordinance No. 32519 rezoning a certain .2-acre parcel of land located on Woods Avenue, S. W., described as Official Tax Nos. 1030419 and 1030420, from RM-2, Residential Multi-Family, Medium Density District, to C-1, Office District, subject to proffers contained in an Amended Petition filed in the Office of the City Clerk on June 9, 1995, having previously been before the Council for its first reading on Monday, June 12, t995, read and adopted on its first reading and laid over, wes again before the body, Mr. McCadden offering the following for its second reading and final adoption: (J/32519-062695) AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 103, S.ectional t976 Zone Map, City of Roanoke, to rezone certain property I w~thin the City, aubject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 57, page 284.) ACTION: Mr. McCadden moved the adoption of Ordinance No. 32519- 062695. 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 O. MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: None. 232 ACTION: ACTION: At 5:10 p.m., the Mayor declared the meeting in recess. At 6:00 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. COUNCIL: With respect to the Executive Session just concluded, Ma. Wyatt moved that each Member of City Council certify to the best of his or her knowledge that: (t) only public business matters lawfully exempted from open meeting reequiremente 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 and Mayor Bowers 6. NAYS: None 0. (Council Member Bowles was absenL) 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 Harriet M. Stokes, and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Lucy L. Hazlegrove. There being no further nominations, Ms. Hazlegrove was elected as a member of the Roanoke Arts Commission, for a term ending June 30, 1997, by the following vote: FOR MS. HAZLEGROVE: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers - (;. (Council Member Bowles was absent.) OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that there is a vacancy on the Fair Housing Board, created by the resignation of Hugh A. Meegher, and called fo,' nominations to fill the vacancy. ACTION: ACTION: Ms. Wyatt placed in nomination the name of Gall Burruss. There being no further nominations, Ms. Burruss was elected as a member of the Fair Housing Board, for a term ending March 31, t998, by the following vote: FOR MS. BURRUSS: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. (Council Member Bowles was 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 ineligibility of Judy Witcher-Jackson to serve another term, and called for nominations to fill the vacancy. Mr. McCadden placed in nomination the name of Jennifer Mulligan. There bei~tg no further nominations, Ms. Mulligan was elected as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 1996, by the following vote: FOR MS. MULLIGAN: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. (Council Member Bowles was absent.) OATHS OF OFFICE-COMMITTEES-AIRPORT: The Mayor advised that the term of Kit B. Kiser as a member of the Roanoke Regional Airport Commission expired on March 9, 1993, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Kit B. Kiser. There being no further nominations, Mr. Kissr was reelected as e member of the Roanoke Regional Airport Commission, for a term ending March 9, 1997, by the following vote: 233 234 ACTION: ACTION: ACTION: FOR MR. KISER: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ... 6. (Council Member Bowles was absent.) Inasmuch as Mr. Kiser 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-COMMII-rEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there is a vacancy on the Roanoke Neighborhood Partnership Steering Committee, created by the resignation of Keith A. Johnson, and called for nominations to fill the vacancy. Mr. Edwards placed in nomination the name of William G. Nork, III. There being no further nominations, Mr. Nork was elected as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 30, 1995, by the following vote: FOR MR. NORK: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers --6. (Council Member Bowles was absent.) OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that the three-year terms of Corinne B. Gott and Molly C. DeBerry as members of the Youth Services Citizen Board expired on May 31, t995, and called for nominations to fill the vacancies. Mr. Edwards placed in nomination the names of Corinne B. Gott and Mollie C. DeBerry. There being no further nominations, Ms. Gott and Ms. DeBerry were reelected as members of the Youth Services Citizen Board, for terms ending May 31, 1998, by the following vote: 235 ACTION: FOR MS. GOTT AND MS. DEBERRY: Council Members Edwards, McCadden, Parrott, Wttite, Wyatt and Mayor Bowers 6. (Council Member Bowles was absenL) There being no further business, the Mayor declared the meeting adjourned at 6:05 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 236 ROANOKE CITY COUNCIL ........... -SPECIAL MEETING July 6, 1995 1:00 p.m. The Council of the City of Roanoke met in special meeting in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Thursday, July 6, 1995, at t:00 p.m., pursuant to Section 10, Meetinas of Council, of the Roanoke City Charter, and pursuant to a communication from the Mayor under date of July 5, 1995, calling the special meeting of Council, with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowles, John S. Edwards, Delvis O. McCadden, John H. Parrott, William White, Sr., and Mayor David A. Bowers .......... -6. ABSENT: Council Member Unda F. Wyatt .......................................... 1. 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 Mayor referred to the following communication calling the special meeting of Council: "July 5, 1995 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: Pursuant to Section 10, Meetings of Council, of the Roanoke City Charter, I am calling a special meeting of Council on Thursday, July 6, 1995, at 1:00 p.m., in the Roanoke City Council Chamber, for the purpose of 237 ratifying the declaration of local emergency by the City Manager on June 29, 1995, at 12:01 a.m., as a result of the recent flooding in the Garden City area. Sincerely, Is/David A. Bowers David A. Bowers, Mayor City of Roanoke" (See communication on file in the City Clerk's Office.) FLOOD REDUCTION/CONTROL-WATER RESOURCES: The Assistant City Manager submitted a written report of the City Manager advising that due to accumulated rainfall and ground saturation, the National Weather Service issued a flash flood watch beginning June 23, 1995, for the Roanoke Valley; on June 28 at 6:00 p.m., the Weather Service issued a flash flood waming for the City; and the Emergency Services Coordinator placed essential staff on emergency alert, with additional Emergency Medical Services staff brought in to assist with evacuations as required. It was further advised that the Mill Mountain area received 4.34 inches of rainfall between 6:00 p.m. and 9 p.m.; the isolated intense thunderstorm, with ground saturation conditions, produced significant flooding in the Garden City area; rainfall amounts recorded by the Mill Mountain gauge indicates that rain intensity approximates a 50-year return frequency storm; rainfall between 6:15 p.m. and 7:15 p.m. measured 3.9 inches, which exceeds a 100-year intensity; and during similar time periods, all other rain gauges in parallel water sheds registered significantly less than one-half of the 3.9 inches, which clearly indicates that the rainfall was localized over the Garden City water shed. It was explained that emergency personnel conducted evacuation operations of approximately 100 persons in the Garden City area immediately following the storm, and a public shelter was opened at Ruffner Middle School, 3601 Femcliff Avenue, N. W.; however, the shelter was not utilized. 238 It was further explained that the Roanoke River flood stage is 10.0 feet, .and the River crested at 10.5 feet on June 28 without incident; a declaration of local emergency was declared at 12:01 a.m., on June 29 due to the extent of flood damage in the Garden City area to enable home and business owners to potentially qualify for Federal assistance should a Federal disaster declaration be made; and a citizen hot-line was opened on Thursday, June 29 from 1:00 p.m. until 8:00 p.m., for citizens to report flood damage, which reports are still being accepted from affected citizens by the Roanoke Emergency Services Department, and 53 calls have been processed to date. It was noted that initial damage assessment estimates damage to public property at $$167,000.00 . and to private property at $710,000.00, for a total of $877,000.00; City crews will continue to work overtime in cleanup operations for the area until all debris placed at the curb is removed; 21 jurisdictions (6 cities and 15 counties) declared emergencies as a result of the flood; and preliminary inspections were made by Federal teams which toured the Garden City area on Friday, June 30, 1995, to inspect damage to public and private property. The Assistant City Manager advised that information is being processed by State and Federal teams to determine if the City of Roa.noke will be included in a Presidential decl.a, ration; to date, a Presidential declaration has been received for the Cit,es of Buena Vista and Lexington and the Counties of Madison, Green and Rockbridge, with all other jurisdicfione still under consideration; and a Presidential declaration makes localities and residents eligible for grants for temporary housing, home repairs and serious disaster-related needs. The Assistant City Manager further advised that Iow-interest loans are also available to help cover uninsured losses; a new State initiative is available from Housing and Community Development, in the amount of $23 million, to homeowners for housing aid; details are not yet known es to eligibility, although, residents may be eligible for funds even if the City of Roanoke is not included in the Presidential declaration; a hazard mitigation report is being developed by the rFoede.ral !.nsp_ection te.a.m which will identity opportunities for reducing ss ,ntne uarden City area, with the report to include such items as increasing participation in flood insurance programs and creative ways ~o reduce Io.~ such as flood-proofing and the possibility of relocating omes/bus,nesses out of the risk area; and the importance of hazard mitigation for the Garden City area was stressed to Federal inspectors. 239 Mr. Edwards offered the following resolution: (ft32553-070695) A RESOLUTION declaring a local emergency; authorizing emergency powers to the City Manager as Director of Emergency Sewicss; authorizing the City Manager to make application for Federal and State public aid and assistance to deal with such emergency; designating the Director of Finance as the fiscal agent for the City; and calling upon the Federal and State governments for assistance. (For full text of Resolution, see Resolution Book No. 57, page 343.) ACTION: Mr. Edwards moved the adoption of Resolution No. 32553- 070695. The motion was seconded by Mr. White. The Mayor advised that the Members of Council join with the citizens of Roanoke in their concern with regard to the recent flooding situation in the City of Roanoke, and particularly in the Garden City area which suffered considerable damage. He stated that as the City's concerns are addressed, it should be recognized that certain other areas throughout the Roanoke Valley also experienced damage, the City wishes to convey its prayers and best wishes, and requested that the .Ci.ty Manager contac, t officials of ot~er jurisdictions in western Virg,n,a to offer the ass,stance of the C,ty of Roanoke. He further advised that even though the Roanoke area experienced a flash flood last week, he was pleased to report that them was no loss of life or serious injuries, and commended the City's emergency service personnel who responded to life threatening situations. He called attention to a meeting in the Garden City area on the evening of July 6, which will be attended by City representatives to address concerns of residents. Mr. Dennis D. Tinsley, 719 Estates Road, S. E., urged that Council expedite the sale of bonds which will enable the replacement of two bridges in the Garden City area and that Council instruct the City Manager to identify funds to clean Gamand Creek and other small branches of water that feed into it. Resolution No. 32553-070695 was adopted by the following vote: 240 AYES: Council Members Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ............................... -6. ! NAYS: Nor..- ................ -0. (Council Member INyatt was abssnL) There being no further business, the Mayor declared the meeting adjourned at 1:55 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 241 REGULAR WEEKLY SESSIONL ROANOKE CITY COUNCIL July 10, 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, 2t5 Church Avenue, S. W., City of Roanoke, on Monday, July 10, t995, at 3:00 p.m., the regular meeting hour, with Mayor David A. Bowers prasiding, pursuant to Rule 1, Re ular Meetin s 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., Linda F. Wyatt, Elizabeth T. Bowies, John S. Edwards and Mayor David A. Bowers ............................................. 7. ABSENT: None OFFICERS PRESENT: 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. The meeting was opened with a prayer by The Reverend M. Dennis Herman, Pastor, Calvary Baptist Church. The Pledge of AJlegiance to the Flag of the United States of America was led by Mayor Bowers. STATE OF THE CITY REPORTS: The Mayor presented his 1994 State of the City report recommending the following: '1. The development of a City/County task force to design and implement a group health benefits program for all City, County government, and school employees, including any other associated government functions, such as the Housing Authority, bus company, etc. 242 A parking deck for the Civic Center to be built so that it is also accessible to The Hot.al Roanoke and Conference Center. (Could th,s also be a place for a practice ice rink for the Roanoke Express?) Consideration of a satellite payment office to be jointly operated by the Treasurer, the Commissioner of the Revenue, and the Office of Billings and Collections, allowing neighborhood access and/or a drive-thru so that our citizens can pay municipal bills without having to necessarily come to City Hall. Continued efforts toward the development of a metropolitan transit district; Roanoke City Council has had to increase our city funding for Valley Metro and them is, in the future, a limit as to how much we can do. Our entire region must consider the importance of a regional bus company, and the necessity for providing funding of that need. We have seen the completion of 15 years of planning since Design '79 in our downtown area. Who would have thought back in 1979 that we would have a terrific pedestrian walkway going from a revitalized Elmwood Park past downtown east office buildings into our historic market and then up to the pedestrian bridge to our reopened and revitalized Hotel Roanoke and Conference Center? It is now time for us to institute the second phase, and I would like to propose a design showcase development effort primarily for the "West Jeff" area on both the north side and south side of the Norfolk Southern Railway Line, west of Jefferson Street. We have already made a tremendous investment for our rallwalk and the Transportation Museum, but it is time to take steps to implement Noel Taylor'e dream for I: 243 ACTION: Henry Street and to also develop the Warehouse Row and West Campbell, Kirk, and Church Avenues between City Hall and the Market. I propose that the City join with the Chamber of Commerce and Downtown Roanoke, Incorporated, in "Showcase 2001" so that our citizens and business and community leaders can come together, as we did in 1979, to plan the future expansion of our exciting downtown Roanoke area over the. next six years. Spe.cifi.c. ally, .in conJunction with earlier commumcations w~th the city Manager regarding this matter, I am proposing the investment by the City of $75,000.00 with a match from the business community from Downtown Roanoke, Incorporated, to develop this new master plan known as "Showcase 2001" for the continued revitalization of our downtown. A "prominent center: is a key image maker for an entire region, and we want to continue to make sure that downtown Roanoke is the vibrant hub of weetem Virginia." The Mayor also requested Council's support of the Urban Partnership, which is a unique association between 18 of the largest jurisdictions in Virginia and the business community, represented by the Virginia State Chamber of Commerce; and that the administration and citizens go forward with a strategic plan for the City of Roanoke, and that the Regional Chamber of Commerce and other interested citizen groups become involved with the Council in developing this goal and the necessary strategies. Mrs. Bowies moved that the recommendations be referred to the City Manager for report and recommendation to Council. 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 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 244 ACTION: ACTION: removed fm.m the Consent Agenda and considered separately. He called specific attention to · request for an Executive Session to discus..s, personnel mattere, with regard to va. cancles on. various authorities, boards, commissions and comm,tteea appo,nted by Council. MINUTES: Minutes of the regular meetings of City Council held on Monday, April 3, 1995; Monday, April 10, 1995; and Monday, April 24, 1995; and the Public Interview of School Board candidates held on Thursday, April 27, 1995, 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 McCadden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers .... .-7. NAYS: Non= Bowe COMMIT~..EES-COUNCIL: A communication from Mayor David A. rs request, ng tha.t 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)(t), Code of Virginia (1950), as amended. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers --7. NAYS: None... 245 ACTION: HEALTH DEPARTMENT: A report of the City Manager advising that the Roanoke City Health Department is requesting Council's concurrence to develop a proposal which would study services provided by Roanoke City and the Allegheny Health Districts to determine if some services could be combined, was before the body. It was explained that the Allegheny District includes the jurisdictions of the Counties of Roanoke, Craig, Botetourt and Allegheny and the Cities of Roanoke, Salem, Clifton Forge and Covington. The City Manager advised that the Allegheny Health District and the Roanoke City Health Department have discussed the matter of combining services that can be delivered to all jurisdictions which are locality need specific; and the full impact of these reductions has not been fully realized to date; however, the Health Departments are reviewing each service system to design how to best provide mandated services and/or phase out auxiliary services as indicated. The City Manager recommended that Council concur in the request to allow the Allegheny Health District and the Roanoke City Health Department to continue to study the combination of service provision to both Health Departments. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies moved that Council concur in the recommendation. The motion was seconded by Mr. McCedden and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ---7. NAYS: None PARKS AND RECREATION-NEIGHBORHOOD ORGANIZATIONS- SPECIAL PERMITS-FLAGS-WAR MEMORIAL: A report of the City Manager in connection with a request of William W. Arnold to have a 35- foot flagpole with lights and a granite monument installed in Fishbum Park to honor American War Veterans of the Roanoke Valley, was before Council. 246 ACTION: ACTION: The City Manager explained that the Parka and Recreation Department has worked with Mr. Amold on various details of the proposal; that the project was forwarded to and has received endorsement of the Grendin Court Civic League which includes Fishbum Park within its neighborhood area; and no objection was received from the War Memorial Committee. The City Manager advised that pursuant to Section 2-263, Code of the City of Roanoke (1979), as amended, he was pleased to grant pen~ission to Mr. Arnold to locate this worthy tribute to Roanoke Valley War Veterans in Fishbum Park, and that Council take appropriate action to recognize Mr. Arnold for his generous efforts after installation has been completed. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that the report be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowere .--7. NAYS: None CO. M.M. ITTEES-BUILDINGS/BUILDING DEPARTMENT: A commumcation from Gene Wirt tendering his resignation as a member of the Board of Building Code Appeals, Building Maintenance Division, 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 and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers ......... 7. NAYS: None 247 ACTION: OATHS OF OFFICE-COMMITTEES-AIRPORT: A report of qualification of Kit B. Kiesr as a member of the Roanoke Regional AIrport Commission, for a term ending March 9, 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 McCadden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers .--7. NAYS: Non= HEARING OF CITIZENS UPON PUBLIC MATTERS: SIDEWALK/CURB AND GUTTER-COMPLAINTS-ROANOKE GAS COMPANY-ROANOKE NEIGHBORHOOD PARTNERSHIP: Ms. Robin Murphy-Kelso, A.~.~.9 Summit Drive, N. W., addressed Council in connection with drainage problems, gas leaks and concrete curbing in the Summit Hills Subdivision. She advised that certain problems have existed for over 20 years, and drainage is unbearable during heavy rain and melting snow leading to property damage and erosion. She stated that the Engineering Department has been contacted on numerous occasions, with residents being told that their problems are a number on a long list of improvements, or that their drainage problems will be addressed when work is started on Peters Creek Road Extension. She called attention to patches in the road where Roanoke Gas Company has attempted to repair leaks, only to find that the leaks re-occur in other portions of the roadway. She requested installation of curbing for safety and beautification purposes, and asked that the City find a solution to the problems which will help residents keep their neighborhood safe and attractive. Ms. Murphy-Kelso presented a petition signed by 68 persons. 248 Following discussion, Mr. McCadden moved that the matter be referred to .the City Manager for investigation, report and recommendation to Council; that the City Manager be requested to discuss the matter of gas leaks with officials of Roanoke Gas Company; and that the Roanoke Neighborhood Partnership be requested to contact Summit Hills neighborhood leaders to determine their interest in forming a neighborhood association. The motion was seconded by Mr. Edwards and adopted. COMPLAINTS-FLOOD REDUCTION/CONTROL-STREETS AND ALLEYS: Mr. Dennis D. Tinsley, 719 Estates Road, S. E., expressed appreciation to Council Members and to City staff for their assistance in connection with the June 28 flooding in the Garden City area, and requested that cleanup efforts continue as expeditiously as possible. He further requested a timeframe as to when certain long-term needs will be addressed by the City. ACTION: The Mayor advised that without objection by Council, the matter would be referred to the City Manager for a status report on the City's efforts to address immediate needs as well as long-term solutions to reduce flooding in the Garden City area. OTHER HEARINGS OF CITIZENS: None. PETITIONS AND COMMUNICATIONS: BUDGET-TAXES-COUNCIL-CITY GOVERNMENT-HOUSING/ AUTHORITY-SCHOOLS-STATE OF THE CITY REPORTS: A communication from Mayor David A. Bowers as a follow-up to his 1995 State of the City Report in connection with tax reduction, was before Council. The Mayor advised that it has been several vears since uced the.re, al estate property tax rate and/or the personal prop.erty tax rate and ,t ,s time, once again, for.Council to consider appropriate long-range reductions. He stated that ,n past years, such efforts at tax reduction were scheduled over a period ..of severa. I years, and .this would be an appropriate manner for Counc,I to cons,der tax reduction as well. 249 ACTION: The Mayor added that while Council is considering tax relief which could spur added development within Roanoke, he would propose that the City Administration provide information and guidance about tax credits for those who invest in the development an/or rehabilitation of single-family homes in Roanoke's inner-city. (For full text, see communication on file in the City Clerk's Office.) Mr. Edwards moved that the matter be referred to 1996-97 budget study. The motion was seconded by Mr. White and unanimously adopted. COUNCIL-SCHOOLS: A communication from Mayor David A. Bowers as a follow-up to his 1995 State of the City Report in connection with three educational initiatives, was before Council. The Mayor recommended that Council and the School Board consider adopting the goal of "Top Schools 2000" for the City of Roanoke and proposed that Council enter into a time of strategic planning with educational officials and community leaders to determine how to achieve this goal. Secondly, the Mayor recommended that the School Board be requested to consider development of a smaller elementary school in the northwest neighborhood, particularly in the area bounded by the Norfolk Southem Railway tracks on the south, Interstate 581 on the east, Orange Avenue on the north, and 24th Street on the west. He advised that the closing of elementary schools in the northwest neighborhood was the wrong decision and he is convinced that to address the concerns of northwest citizens, an investment must be made in their neighborhood by re-establishing an anchor in their neighborhood which would be a new elementary school to attract and keep young families in the area. Thirdly, the Mayor advised that the report of TowerslPerrin suggested consideration by all local governments in the Roanoke Valley of a Metropolitan Transportation District, and he would further suggest that a study commence regarding future cooperative efforts between the transportation divisions of the Roanoke City Schools and the Roanoke County Schools. (For full text, see communication on file in the City Clerk's Office.) 250 ACTION: ACTION: Mr. Pa,,utt moved that the matter be referred to the Roanoke City School Board for consideration. The motion was seconded by Mrs. Bowles and unanimously adopted. · BUDGET-CITIZENS SERVICES COMMITTEE-RIVER PARK~NAYI EXPLORE PARK: A joint communication from the Mayor and Vice- Mayor advising that on May 2, 1995, Council referred several requests for funding, including Explore Park, to the Citizens Services Committee and allocated an additional $100,000.00 to the Committee to be used for existing and additional requests, with recommendations of the Citizens Services Committee having been approved by Council on June 26, 1995; however, funding for Explore Park was not included in the recommendations inasmuch as Explore did not submit a fo,,~al application. It was further advised that it now appears that Explore Park did not receive the application for,~ and was not made aware of the need to submit a formal application after Explore had earlier submitted a request to the City Manager for funding. The Mayor and the Vice-Mayor pointed out that because Explore Park was not given an opportunity to be heard before the Citizens Services ..Co..mmittes, which recommendations have now been approved by Council, it is only fair that the City attempt to rectify the matter and provide appropriate funding for Explore as a regional project. The Mayor and Vice-Mayor recommended that Council refer to the City Manager the request of Explore Park for funding, in the amount of $50,000.00, and that the City Manager be directed to report to Council with his recommendation concerning the appropriate level of funding and the manner of providing such funds as a supplemental funding request. (For full text, see communication on file in the City Clerk's Office.) Mr. Edwards moved that the matter to referred to the City Manager for study, report and recommendation to Council as to the appropriate level of funding, if any. The motion was seconded by Mrs. Bowles. 251 Mr. Whita advised that he could not support the motion because the letter in its present fon~ dictates what the City Manager's response should be. He suggested that the matter be referred to the City Manager with the option of referring the request of Explore Park to the Citizens Services Committee for review and recommendation as to the level of funding, if any, to be followed by a report of the City Manager to Council. He stated that not to refer the request to the Citizens Sewices Committee, which reviewed all other agency requests for City funding, would be unfair. He further stated that he would be in favor of the City Manager referring the request of Explore Park to the Citizens Services Committee for recommendation, with the understanding that Council is not endorsing any level of funding, even though a request was submitted by Explore Park for $50,000.00. Mr. Edwards advised that the 1995-96 fiscal year budget has been adopted and recommendations of the Citizens Services Committee have been approved by Council; therefore, he failed to see the advantage of referring the request to the Citizens Services Committee because the Committee has no funds from which to make a recommendation. He added that because of miscommunication, the request of Explore Park was not considered by the Citizens Services Committee at the appropriate time, and the purpose of the motion is an attempt to correct the situation. He stated that since the budget has been adopted and recommendations of the Citizens Services Committee have been approved, it is appropriate to send the matter to the City Manager for a recommendation on the level of funding and the manner in which the funding should be accomplished, and the City Manager could refer the matter to the Citizens Services Committee for input if he deems such action to be appropriate. Ms. INyatt advised that Council appointed the Citizens Services Committee for the express purpose of reviewing agency requests for funding, and to circumvent the Committee would show disrespect for the service they perform. Therefore, she stated that the request of Explore Park should be referred to the City Manager for referral to the Citizens Services Committee for recommendation, to be followed by a report of the City Manager to Council, and Council will then make the decision on the appropriate level of funding, if any, for Explore Park. If Mr. Edwards' motion if adoptad, Mr. McCadden and Mr. Parrott expressed concern that Council will be departing from its established rules and procedures. 252 Mr. White offered an amendment to the motion that the request of Explore Park for funding be referred to 1996-97 budget study. The amendment was seconded by Mr. McCadden. Mrs. Bowies expressed concern that if the request of Explore Park is referred to 1996-97 budget study, the City, in effect, will not provide financial support during fiscal year 1995-96 which means that matching funds from the State will not be forthcoming. If such action is approved, she advised that the City of Roanoke will not have provided its fair share in regional cooperation relative to Explore Park. M. Rupert Cutler, Executive Director, Explore Park, reiterated the request of Explore Park for $50,000.00 from the City of Roanoke for fiscal year t995-96, and explained that any amount of funds appropriated by the City to Explore will be matched dollar for dollar by State funds. He advised that the $400,000.00 appropriation that Explore Park received from the General Assembly cannot be disbursed to Explore until it indicates to the State that it has matched those monies from other sources such as funds from Roanoke City and Roanoke County, school districts, or ;~-um Explore's own samed income through the sale of tckets, private gifts and contributions. Therefore, he stated that every dollar appropriated by the City to Explore Park will be matched by State funds. (For full text, see statement on file in the City Clerk's Office.) The Mayor advised that he is committed to continued funding for Explore Park during fiscal year 1995-96. Mr. Edwards offered an amendment to the motion that Council fund Explore Park in the amount of $50,000.00 in fiscal year 1995-96, and that the matter be referred to the City Manager for funding as a supplemental budget request. The amendment was seconded by Mrs. Bowies. Mr. Edwards' amendment to the motion was lost by the following vote: AYES: Council Members Parrott, Bowies and Edwards 3. NAYS: Council Members McCadden, White, Wyatt and Mayor Bowers ....... . ..................................... -4. 253 Mr. White's amendment to the motion was lost by the following vote: AYES: Council Members McCadden, White and Wyatt ....... NAYS: Council Members Parrott, Bowies, Edwards and Mayor Bowers .............. -4. Following further discussion, it was the consensus of Council that the matter would be referred to the City Manager for recommendation concerning the appropriate level of funding, if any, for Explore Par1( and the manner of providing such funds, and the City Manager was further authorized to refer the request to the Citizens Services Committee or to any other committee or office of City Government for report and recommendation, Mr. McCadden voting no. At 4:35 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. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: HUMAN DEVELOPMENT-HOUSING/AUTHORITY-GRANTS- DISABLED PERSONS: The Assistant City Manager advised that on July 10, 1995, the City of Roanoke and the Roanoke Redevelopment and Housing Authority were notified of receipt of a $540,000.00 joint grant awarded by the U. S. Department of Housing and Urban Development to be used for the purpose of providing assistance to homeless and disabled citizens. ITEMS RECOMMENDED FOR ACTION: SEWERS AND STORM DRAINS-GENERAL SERVICES-PUBLIC WORKS-STREETS AND ALLEYS: The City Manager submitted a written report advising that five bids were opened and read in the Office of Manager of Ganeral Services on Thursday, May 25, 1995, for the Salem 254 ACTION: Avenue Culvert Replacement Project, with Burleigh Construction Co., Inc., submitting the.low bid in the amount of $547,738.00. It was explained that on May 26, 1995, officials of Burleigh Construction Co., Inc., verbally requested that their bid be withdrawn due to a clerical error; and the Company was advised that the Code of Virginia requires that a written notice with backup be submitted within two working days, which notice was received on Tuesday, May 30, 1995, and the bid was withdrawn on that date. It was further explained that the next lowest bid was received from Allegheny Construction Co., Inc., in the amount of $717,743.00, which bid was 59.5 per cent higher than the Engineer's estimate of $450,000.00; therefore, the City Manager recommended that all bids be rejected and that the project be re-advertised at a later date. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (ft32554-071095) A RESOLUTION rejecting all bids for the Salem Avenue Culvert Replacement Project. (For full text of Resolution, see Resolution Book No. 57, page 349.) Mr. White moved the adoption of Resolution No. 32554-071095. 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 BUDGET-HEALTH DEPARTMENT-INSURANCE-HUMAN DEVELOPMENT-REGIONAL CHAMBER OF COMMERCE- NEIGHBORHOOD ORGANIZATIONS-Y. Mo C. A.-Y. W. C. A.-HOUSINGI AUTHORITY-LANDMARKS/HIST. PRESERVATION-TOTAL ACTION AGAINST POVERTY-GRANTS-FDETC-YOUTH-HARRISON HERITAGE CENTER-DISABLED PERSONS-SCHOOLS-ECONOMIC DEVELOPMENT- EQUIPMENT: The City Manager submitted a written report advising that as part of the U. S. Department of Housing and Urban Development Entitlement Consolidated Plan application approved by Council on 255 Monday, May 8, 1995, pursuant to Resolution No. 32476-050895, Council authorized grants to 16 agencies; that the City has received HUD approval of the HUD EnUfiement Consolidated Plan application by letter under date of June 28, 1995; and Council authorized acceptance of the 1995-96 HUD Entitlement and appropriation of funds for Community Development Block Grant activities pursuant to Ordinance No. 32525- 062695 and Resolution No. 32626-062695, adopted June 26, 1995. The City Manager advised that the proposed projects will provide public service, employment training, services to the disabled, direct economic development assistance, neighborhood improvements and planning activities; and Administrative Agreements are necessary for the funds to be obligated to these projects. The City Manager recommended that he be authorized to execute CDBG Agreements and amendments thereto, if necessary, with the following agencies, in a fo,,,, to be approved by the City Attomey, within the limits of funds set forth in the report and for the purposes specified in the report: Fifth District Emolovment and Training Consortium Opportunity Knocks Operation Bootstrap Employment Training Program $14,520.00 $10,613.00 $60,000.00 Total Action Aoainst Poverty: Customized Job Training $25,000.00 Roanoke Citv Health Department: Resource Mothers $20,730.00 Historic Gainsboro Preservation District, Inc.: Gainsboro Brochure $ 900.00 256 Blue Ridge Independent Livinu Center: Empowering Individuals with I Disabilities $20,000.00 ADDle Ridae Farms: Expanding Horizons $17,791.00 Harrison Museum of African-American Culture: Harrison Museum Annex $77,300.00 ~rthwest Nei.ahborhood Environmental Oraanization: NNEO Mini-grant $ 1,500.00 Blue Ridae Small Business Develo_ament Center: Neighborhood Business I Development Program $24,500.00 Junior Leaaue of Roanoke Valley: Project H.O.P.E. After-School Day Care Program $20,000.00 Roanoke Reczional Chamber of Commerce: Small Business Incubator $60,000.00 The Council of Community ~ervices: Teen Outreach Program $ 2,000.00 257 ACTION: YMCA of Roanoke Valley - FamilY Center: Top Gun Summer Day Camp $14,089.00 Williamson Road Action Forum. Inc.: Williamson Road Action Forum, Inc., Mini-grant $ 1,500.00 Melrose-Ru0bv Neighborhood Forum: Melrose-Rugby Neighborhood Forum Mini-grant $ 1,500.00 YWCA of Roanoke Valley: YINCA - Youth Club $t2,500.00 (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: (#32555-071095) A RESOLUTION authorizing the City Manager to execute administrative agreements and any necessary amendments thereto with sixteen separate agencies for implementation of various Community Development Block Grant programs. (For full text of Resolution, see Resolution Book No. 57, page 350.) Mr. McCadden moved the adoption of Resolution No. 32555- 071095. The motion was seconded by Mr. Parrott and adopted by the follow;.~g vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers .... -7. NAYS: None ............. -0. r 258 HUMAN DEVELOPMENT-HOUSING/AUTHORITY-TOTAL ACTION AGAINST POVERTY-GRANTS-TRUST-ROANOKE AREA MINISTRIES: The City Manager submitted a written report advising that as part of the U. S. Department of Housing and Urban Development Entitlement Consolidated Plan application approved by Council on Monday, May 8, 1995, pursuant to Resolution No. 32476-050895, Council authorized Emergency Shelter Grants to three agencies; that the City has received HUD approval of the Entitlement Consolidated Plan application by letter dated June 28, 1995; and Council authorized acceptance of the 1995-96 Entitlement and Appropriation of Funds for ESG Activities on June 26, 1995, pursuant to Ordinance No. 32529-062695 and Resolution No. 32530-062695. The City Manager advised that the proposed projects will prevent homelesensss, provide assistance to the homeless and ovemight and day shelter;, and Administrative Agreements are necessary for the funds to be obligated to these projects. The City Manager recommended that he be authorized to execute ESG Agreements and amendments thereto, if necessary, with the following agencies, in a form to be approved by the City Attorney, within the limits of funds set forth in the report and for the purposes specified in the report. Total Actions Aoainst Poverty: Transitional Living Center Roanoke Homeless Intervention Program $42,160.00 $12,000.00 Roanoke Area Ministries- RAM House - Day Shelter $14,340.00 The Roanoke Valley Student Trouble Center. Inc.- TRUST Shelter $13,500.00 (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: 259 ACTION: (#32556-071095) A RESOLUTION authorizing the execution of subgrent agreements with Total Action Against Poverty in Roanoke Valley, Roanoke Area Ministries, and Roanoke Valley Student Trouble Center, Inc., for the administration of Emergency Shelter Grant (ESG) funds to continue or implement homeless prevention progrems. (For full text of Resolution, see Resolution Book No. 57, page 351.) Mr. McCadden moved the adoption of Resolution No. 32556- 071095. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ---7. NAYS: None POLICE DEPARTMENT-FEE COMPENDIUM: The City Manager submitted a written report advising that Section 18.2-308 of the Code of Virginia (1950), as amended, mandates that background investigations be conducted by local police agencies on applicants for Concealed Weapons Permits; that applicants are refen'ed to the Police Department by the Clerk of the Circuit Court after application has been received; that subsection K of Section 18.2-308 authorizes law enforcement agencies to charge a fee to cover the cost of the background investigation; and Council authorized the Police Department to charge a fee of $25.00 to cover the cost of the investigation. It was explained that effective July 1, 1995, revisions to Section 18.2-308 will take effect which will increase the number of concealed weapon applications; and subsection K of Section 18.2-308 has been revised to increase the maximum amount that an agency may charge to $35.00 to cover the cost of the background investigation. The City Manager recommended that Council authorize an increase in the fas charged for concealed weapons permit background investigations to $35.00 and authorize the Director of Finance to amend the Fee Compendium accordingly. (For full text, see report on file in the City Clerk's Office.) 260 ACTION: Mr. McCadden offered the following resolution: (#32557-071095) A RESOLUTION increasing the fee charged by the Police Department for concealed weapons permit background investigations to $35.00. (For full text of Resolution, see Resolution Book No. 57, page 353.) Mr. McCadden moved the adoption of Resolution No. 32557- 071095. 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 J--7. NAYS: None · PARKS AND RECREATION-HUMAN DEVELOPMENT-Y. M. C. A.- HOUSING/AUTHORITY-TOTAL ACTION AGAINST POVERTY-GRANTS- FDETC-YOUTH-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 1995 Virginia Summer Food Service Program, the purpose of which is to provide nutritionally balanced, healthy meals to children, ages one through t8 from Iow-income families at designated sites within the City during the summer months of 1995. S It was furthe, r advised that a grant application for the Viminia ummer Food Sennce Program was rs red b the p pa y Office on Youth on behalf of the City for consideration by the U. S. Department of Agriculture for the period June 19 - August 31, 1995, with notice of grant award having been received on June 2, 1995; and a total of 885 daily meals are proposed for youth participating at specified sites throughout the City, and an estimated 46,905 meals will be served through the program. The City Manager recommended that Council concur in the following actions: Accept a grant award from the U. S. Department of Agriculture, in the amount of $94,861.00. 261 ACTION: Authorize the Director of Human Development to negotiate and execute a contract for food service with Roanoke City Schools, as well as appropriate interdepartment with Parks and Recreation and Department of Social Services, and agency agreements under the Comprehensive Services Act, Roanoke Redevelopment and Housing Authority, Fifth District Employment and Training Consortium, and Total Action Against Poverty, with all contracts and agreements to be approved as to form by the City Attorney. Appropriate $110,106.00, with a corresponding revenue estimate, to an account to be established in the Grant Fund by the Director of Finance for the Virginia Summer Food Service Program and transfer $15,245.00 from the General Fund account to the Grant Fund account. (For full text, see raport on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#32558-071095) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 67, page 354.) Mrs. Bowles moved the adoption of Ordinance No. 32558-071095. The motion wes 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 Mrs. Bowles offered the following resolution: (~32559-071095) A RESOLUTION endorsing the grant application made on behalf of the City of Roanoke for the United States Department of Agriculture 1995 Summer Food Service Program, authorizing the 262 ACTION: acceptance of the subsequent grant award and the negotiation and execution of the appropriate interagency agreements, including an agreement with Roanoke City Schools. (For full text of Resolution, see Resolution Book No. 57, page 355.) Mrs. Bowles moved the adoption of Resolution No. 325594)71095. 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 DIRECTOR OF FINANCE: BUDGET-SEWERS AND STORM DRAINS-CITY NURSING HOME- GENERAL SERVICES-ROANOKE CIVIC CENTER-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH-UTILITY LINE SERVICES- MANAGEMENT AND BUDGET-CITY INFORMATION SYSTEMS- TRANSPORTATION FUND-FLEET MAINTENANCE FUND-SCHOOLS- WATER RESOURCES: The Director of Finance submitted a written report advising that at the close of fiscal year 1995, 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 1995, but delivery of goods or performance of services has not f~ob~nn completed; and raappropriation carries forward unsr~ent ds th.at we? odg!nally appropriated and are contractuali~y r goo;Is anQ services. Appropriation amounts are as follows: General Fund Open Encumbrances Water Fund Open Encumbrances Sewage Fund Open Encumbrances 263 Civic Center Fund Open Encumbrances Transportation Fund Open Encumbrances Nursing Home Fund Open Encumbrances Hotel Roanoke Conference Center Fund Open Encumbrances City Information Systems Fund Open Encumbrances Materials Control Fund Open Encumbrances Management Services Fund Open Encumbrances Utility Line Services Fund Open Encumbrances Fleet Management Fund Open Encumbrances School Fund Open Encumbrances 9.941.00 662.00 ~2.627.00 17.948.00 46.016.00 468.oo 11.709.00 128.369.00 078.888.oo 2,151.288.00 The Director of Finance recommended that Council appropriate the abovereferenced funds into the current year budget in order that said encumbrances may be properly liquidated. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: 264 ACTION: (#32560.071095) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 356.) Mrs. Bowles moved the adoption of Ordinance No. 32560-071095. 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 Mr. Edwards offered the following emergency budget ordinance: (#32561-071095) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 369.) ACTION: Mr. Edwards moved the adoption of Ordinance No. 32561-071099. The motion was seconded by Mr. McCadden 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 emergency budget ordinance: (ft32562.07t095) AN ORDINANCE to amend and reordain certain sections of the 1999-96 Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 371.) 265 ACTION: ACTION: ACTION: Mr. McCadden moved the adoption of Ordinance No. 32562- 071095. 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 Mr. Parrott offered the following emergency budget ordinance: (ft32563-071095) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Sewage Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 372.) Mr. Parrott moved the adoption of Ordinance No. 32563-071095. 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 Mr. White offered the following emergency budget ordinance: (ft32564-071095) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Transportation Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 373.) Mr. White moved the adoption of Ordinance No. 32564-071095. 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 266 ACTION: ACTION: Ms. Wyatt offered the following emergency budget ordinance: (#32565-071095) AN ORDINANCE to emend and reordain certain sections of the 1995-96 Nursing Home Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 374.) Ms. Wyatt moved the adoption of Ordinance No. 32565-071095. The mo~on wes seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ---7. NAYS: None .... Mrs. Bowles offered the following emergency budget ordinance: (#32566-071095) AN ORDINANCE to amend and rsordain certain sections of the 1995-96 Hotel Roanoke Conference Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 375.) Mrs. Bowles moved the adoption of Ordinance No. 32566-071095. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers ---7. NAYS: None Mr. Edwards offered the following emergency budget ordinance: (#32567-071095) AN ORDINANCE to amend and reordain certain sections of the 1995-96 City Information Systems Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. $7, page 376.) 267 ACTION: Mr. Edwards moved the adoption of Ordinance No. 32567-071095. The motion was seconded by Mr. McCadden 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 emergency budget ordinance: (ft32568-071095) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Materials Control Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 377.) ACTION: Mr. McCadden moved the adoption of Ordinance No. 32568- 071095. 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 Mr. Parrott offered the following emergency budget ordinance: (ff32569-O71095) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Management Services Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 378.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 32569-071095. 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. 268 ACTION: ACTION: Mr. Wltite offered the following emergency budget ordinance: (#32570-071095) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Utility Line Services Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 379.) Mr. White moved the adoption of Ordinance No. 32570-071095. 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: Non: Ms. Wyatt offered the following emergency budget ordinance: (#32571-071095) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Fleet Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 381.) Ms. Wyatt moved the adoption of Ordinance No. 32571-071095. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers ...... 7. NAYS: None ..... Mrs. Bowies offered the following emergency budget ordinance: (#32572-071095) AN ORDINANCE to amend and reordain certain sections of the 1995-96 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 382.) 269 ACTION: ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32572-071095. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers --7. NAYS: None... REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING-SPECIAL PERMITS-WATER RESOURCES: Ordinance No. 32550 granting a revocable license to W. D. Goldsmith and Kelley B. Goldsmith for construction of a wooden deck encroaching over and into the Hght-of-way of 27th Street, S. W., located at the side of the residence at 2632 Wycliffe Avenue, S. W., Official Tax No. 1061209, having previously been before the Council for its first reading on Monday, June 26, 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: (#32500-071095) AN ORDINANCE granting revocable license for the construction of a wooden deck encroaching over and into the right- of-way of 27th Street, S. W., located at the side of the residence at 2632 Wycliffe Avenue, S. W., Official Tax No. 1061209, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 57, page 346.) Mrs. Bowles moved the adoption of Ordinance No. 32550-071095. 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: NDe= .......... -0. 270 ACTION: FIRE DEPARTMENT-NEIGHBORHOOD ORGANIZATIONS- LEAGUE OF OLDER AMERICANS-LEASES-WATER RESOURCES: Ordinance No. 32551 authorizing execution of the necessary agreement between the City and Southeast Action Forum, Inc, providing for the lease of former Firs Station No. 6, located at 1015 Jamision Avenue, S. E., for a period of five years, from July 14, 1995 to July 13, 2000, for an annual fee of $1.00; and approving the renewal of · sub-leass agreement with the League of Older Americans Senior Citizens Dining Club, having previously been before the Council for its first reading on Monday, June 26, 1995, 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: (#32551-071095) AN ORDINANCE authorizing the execution of the necessary agreement between the City and Southeast Action Forum, Inc., providing for the lease of fo,.,er Fire Station No. 6, and approving the renewal of a sub-leese agreement with the League of Older Americans Senior Citizens Dining Club, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 57, page 348.) Mr. Parrott moved the adoption of Ordinance No. 32551-071095. The motion was eeconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers. J--7. NAYS: None BILLINGS AND COLLECTIONS-MUNICIPAL BUILDING- EMERGENCY MEDICAL SERVICES-LEASES-WATER RESOURCES: Ordinance No. 32552 authorizing the proper City officials to enter into a lease agreement between the City and Quantum Medical Business Services, Inc., for 100 square feet of furnished office space located in the Municipal South Building at 215 Church Avenue, S. W., for use b said .corporation's billing clerk charged with the responsibility ~ handl,ng the City's Department of Emergency Medical Services accounts for a one year period, effective August 1, 1995, at an annual rental of $1,000.00, having previously been before the Council for its 271 first.reading on Monday, June 26, 1995, read and adopted on its first I reading ~ laid over, was again before the body, Mrs. Bowles offering the follomng for its second reading and final adoption: (#32552-071095) AN ORDINANCE authorizing the proper City officials to enter into a lease ag~=.-nsnt between the City and Quantum Medical Business Services, Inc., for certain furnished office space located in the Municipal South Building at 215 Church Avenue, S. W., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 57, page 349.) ACTION: Mrs. Bowles moved the adopl~on of Ordinance No. 32552-071095. The motion was seconded by Mr. McCadden end adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Edwards 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 5:05 p.m., the Mayor declared the meeting in rscees. At 5:45 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 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 Frsedom of Info,~nation 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: 272 ACTION: ACTION: AYES: Council Members Parmtt, White, Wyatt, Bowles, Edwards and Mayor Bowers ............ -6. NAYS: None ........ -0. (Council Member McCadden was absent.) OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Mayor advised that the terms of Mary C. Maier and B. Gayle Graves as members of the Roanoke Public Library Board expired on June 30, 1995, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of Mary C. Maier and B. Gayle Graves. There being no further nominations, Ms. Maier and Ms. Graves were reelected as members of the Roanoke Public Library Board, for terms ending June 30, 1998, by the following vote: FOR MS. MAIER AND Ms. GRAVES: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers .......................... 6. (Council Member McCadden was absent.) I OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT: The Mayor advised that the terms of W. Robert Herbert, BHan J. Wishneff, Stanley R. Hale and Charles R. Saul as members of the Economic Development Commission expired on June $0, 1995, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of W. Robert Herbert, Brian J. Wishneff, Stanley R. Hale and Charles R. Saul. There being no further nominations, Messrs. Herbert, Wishneff, Hale and Saul were reelected as members of the Economic Development Commission, for terms ending June 30, 1998, by the following vote: FOR MESSRS. HERBERT, WISHNEFF, HALE AND SAUL: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ..................... .6. (Council Member McCadden was absent.) 273 ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that the terms of Ann D. Masters and Sherlie S. Doherty as members of the Roanoke Arts Commission expired on June 30, 1995, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of Ann D. Masters and Sherlie S. Doherty. There being no further nominations, Ms. Masters and Ms. Doherty were reelected as members of the Roanoke Arts Commission, for terms ending June 30, 1998, by the following vote: FOR MS. MASTERS AND MS. DOHERTY: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers .............. -6. (Council Member McCadden was abssnL) OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT: The Mayor advised that the terms of Stephen L Jamison and Elizabeth M. Legg as members of the Personnel and Employment Practices Commission expired on June 30, 1995, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of Stephen L. Jamison and Elizabeth M. Legg. There being no further nominations, Mr. Jamison and Ms. Legg were reelected as members of the Personnel and Employment Practices Commission, for te,',~s ending June 30, 1998, by the following vote: FOR MR. JAMISON AND MS. LEGG: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ................. -6. (Council Member McCadden was absent.) COMMITTEES-CITIZENS SERVICES COMMITTEE: The Mayor advised that the terms of Frank W. Feather, Raleigh W. Campbell, Alphonso McCain, Stanley R. Hale, Bernice F. Jones and Glenn D. Radcliffe as members of the Citizens Services Committee expired on June 30, 1995, and called for nominations to fill the vacancies. 274 ACTION: ACTION: Mr. White placed in nomination the names of Frank W. Feather, Raleigh W. Campbell, AIp.h. onso McCaln, Stanley R. Hale, Bernice F. Jones and Glenn D. Radchffe. There being no further nominations, Ms. Jones and Messrs. Feather, Campbell, McCaln, Hale and Radcliffe were reelected as members of the Citizens Services Committee, for terms ending June 30, 1996, by the following vote: FOR MS. JONES AND MESSRS. FEATHER, CAMPBELL, MCCAIN, HALE AND RADCLIFFE: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers .......................... -6. (Council Member McCadden was absent.) COMMITTEES-WAR MEMORIAL: The Mayor advised that the terms of W. Robert Herbert, Alfred C. Moore, Sloan H. Hoopes, Howard E. Musser and Daniel E. Kames as members of the War Memorial Committee expired on June 30, 1995, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of W. Robert Herbert, Alfred C. Moors, Sloan H. Hoopes, Howard E. Mueser and Daniel E. Karnes. There being no further nominations, Messrs. Herbert, Moore, Hoopes, Musser and Kames were reelected as members of the War Memorial Committee, for terms ending June 30, 1996, by the following vote: FOR MESSRS. HERBERT, MOORE, HOOPES, MUSSER AND KARNES: Council Members Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ................. -6. (Council Member McCadden was absent.) COMMITTEES-FLOOD REDUCTION/CONTROL: The Mayor advised that the ta,-~rs of Lucian Y. Grove, Read A. Lunsford, Edgar V. Wheeler, Kathy S. Hill, Robert H. Bennett, Jr., and Willard N. Claytor as members of the Flood Plain Committee expired on June 30, 1995, and called for nominations to fill the vacancies. 275 ACTION: ACTION: Mr. INhite placed in nomination the names of Lucian Y. Grove, Read A. Lunsford, Edgar V. Wheeler, Kathy S. Hill, Robert H. Bennett, Jr., and Willard N. Claytor. There being no further nominations, Me. Hill and Messrs. Grove, Lunsford, Wheeler, Bennett and Claytor were reelected as members of the Flood Plain Committee, for terms ending June 30, 1996, by the following vote: FOR MS. HILL AND MESSRS. GROVE, LUNSFORD, WHEELER, BENNETT AND CLAYTOn: Council Members Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers ........... -6. (Council Member McCadden was absent.) COMMITTEES-PARKS AND RECREATION: The Mayor advised that the terms of Ralph K. Smith, Cad H. Kopitzke, Betty C. Winfree, and L. Thompson Hanes as members of the Mill Mountain Development Committee expired on June 30, 1995. He further advised that there are three vacancies on the Committee, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of Ralph K. Smith, Carl H. Kopitzke, Betty C. Winfrss and L. Thompson Hanes. Mr. Parrott placed in nomination the names of G. Scoff Shackelford, Mary E. Kepley and Barry L. Thomas. There being no further nominations, Ms. Winfree and Ms. Kepley and Messrs. Smith, Kopitzke, Hanes, Shackelford and Thomas were reelected as members of the Mill Mountain Development Committee, for terms ending June 30, 1996, by the following vote: FOR MS. WINFREE AND MS. KEPLEY AND MESSRS. SMITH, KOPIIZKE, HANES, SHACKELFORD AND THOMAS: Council Members Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers ............. $. (Council Member McCadden was absent.) 276 ACTION: ACTION: COMMITTEES-SPECIAL EVENTS: The Mayor advised that the terms of Beth Poff, Estelle H. McCadden, Catherine Fox, Samuel G. Oakey, Sabrins T. Law, Greg Feldmann, Allen T. Wilson and Michael A. Russell as members of the Special Events Committee expired on June 30, 1995, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of Beth Poll, Estelle H. McCadden, Catherine Fox, Samuel G. Oakey, Sabrina T. Law, Greg Feldmann, Allen T. Wilson and Michael A. Russell. There being no further nominations, Ms. Poff, Ms. McCadden, Ms. Fox and Ms. Law and Messrs. Oakey, Feldmann, Wilson and Russell were reelected ss members of the Special Events Committee, for te,,,,s ending June 30, 1996, by the following vote: FOR MS. POFF, MS. MCCADDEN, MS. FOX AND MS. LAW AND MESSRS. OAKEY, FELDMANN, WiLSON AND RUSSELL: Council Members Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers ................................... 6. (Council Member McCedden was absent.) OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised that the term of William R. Reid as a member of the Virginia Western Community College Board expired on June 30, 1995, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of William R. Reid. There being no further nominations, Mr. Reid was reelected as a member of the Virginia Western Community College Board, for a term ending June 30, 1999, by the following vote: FOR MR. REID: Council Members Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers ................ -6. (Council Member McCadden was absent.) OATHS OF OFFICE-COMMITTEES-ARCHITECTURAL REVIEW BOARD: The Mayor advised that there is a vacancy on the Architectural Review Board, created by the resignation of Richard L. Meagher, and called for nominations to fill the vacancy. 277 ACTION: ACTION: Mr. Parrott placed in nomination the name of Kevin A. Deck. There being no further nominations, Mr. Deck was elected as a member of the Architectural Review Board, for a term ending June 30, 1998, by the following vote: FOR MR. DECK: Council Members Pan'ott, White, Wyatt, Bowles, Edwards and Mayor Bowers ................ -6. (Council Member McCadden was absent.) Inasmuch as Ms. Elizabeth M. Legg and Messrs. Charles R. Saul and Raleigh W. Campbell are not residents of the City of Roanoke, Mrs. Bowles moved that the City residency requirement for persons serving on authorltJee, boards, commissions and committees appointed by the Council be waived in these specific instances. The motion was seconded by Mr. Edwards and unanimously adopted. At 5:50 p.m., the Mayor declared the meeting in recess until 7:00 p.m. At 7:00 p.m., on Monday, July 10, 1995, the meeting reconvened in the Council Chamber, with the following Council Members in attendance: PRESENT: Council Members Delvis O. McCadden, John H. Parrot/, William White, Sr., Linda F. Wyatt, Elizabeth T. Bowles, John S. Edwards and Mayor David A. Bowers ............................... 7. ABSENT: Non.- OFFICERS PRESENT: 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. 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. 278 STREETS AND ALLEYS: Pure.u. ant to Resolution No. 25523 adopt.ed by the Council o.n Monday, April 6, 1981, the City Clerk having advertised a public heanng for Monday, July 10, 1995, at 7:00 p.m., or as soon thereafter as the matter may ..be heard, on the request of Trustees of First Baptist Church that a portion of a certain alley located ~e .t~..een Day A..venue and the former and now vacated Marshall Avenue, · w., exrena;ng wssterty from Franklin Road to a point at the northwesterly comer of Lot 27, Section 6, Lewis Addition, be permanentJy vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-Ne.w, on Friday, June 23, 1995, and Friday, June 30, 1995. (See publisher's affidavit on file in the City Clerk's Office.) A repo..rt of the City Planning Commission advising that closure of the alley ,s a phase of a master plan for future expansion of First Baptist Church and its parking facilities and grounds, and Council approved the master plan of the Church several years ago, was before the body. .... I.t. was explained that the applicant .p. roposes t.o. use the land w~m,n me vacate.el alley right-of-way for add,tional park,rig space and general landscaping. The City Planning Commission recommended approval of the _~,r~.~est to close and vacate the abovedescribed section of public alley, · ,ubject to the following conditions: The applicant shall submit to the City, receive approval thereof, and record with the Clerk of the Circuit Court, a subdivision plat, with said plat to provide for the following: The combination of the land within the vacated alley right-of-way with the applicant's existing and abutting property. 279 ACTION: The dedication of appropriate easements together with the right-of-public passage over same for surface and subsurface installation, repair, relocation and removal of any or all utilities that may be located within the vacated alley. The dedication of an alternate alleyway as shown on Map A attached to the report. Applicant shall install City standard concrete curbing along Franklin Road, S. W., sufficient in area to close and seal off the existing alley entrance at Franklin Road. If the above-cited conditions have not been met by the applicant within a period of six months from the date of adoption of the ordinance providing for the subject alley closure, said ordinance shall become null and void with no further action being necessary by Council. (For full text, see report on file in the City Clerk's Off'~ce.) T. L. Plunkett, 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: (#32573) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as ara more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 56, page 393.) 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 for alley closure. There being none, Ordinance No. 32573 was adopted, on its first reading, by the following vote: 28O ACTION: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers. ---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, July 10, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Soccer Stop, Inc., that a tract of land located at 2219 Franklin Road, S. W., containing .48 acre, described as Official Tax No. 1150108 and a portion of Official Tax No. 1150111, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & World-News on Friday, June 23, 1995, and Friday, June 30, 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 ~s to place subject prol3erties into Il a zoning classification that will permit the continued use'of t~te building - as a retail store, was before Council. The Planning Commission recommended approval of the request for rezoning subject to proffered conditions, advising that the requested rezoning is reasonable given the existing land uses in the area, and the proffered conditions sufficiently address concerns related to the rezoning of the property and help bring the property into conformance with the proposed zoning. (For full text, see report on file in the City Clerk's Office.) George I. Vogel, II, Attorney, appeared before Council in support of the request of his clienL Mrs. Bowles moved that the following ordinance be placed upon its first reading: 281 (#32574) AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 115, 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 395.) 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 for rezoning. There being none, Ordinance No. 32574 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 ...... --0. CITY CODE-ZONING: The City Clerk having advertised a public hearing to be held on Monday, July t0, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to consideration of the repeal of Division 13, Ino~)erative Vehicles, consisting of Sections 36.1-563, 36.1-564 and 36.1-565, Chapter 36.1, Zonina. 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, June 23, 1995, and Friday, June 30, 1995. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report advising that the aesthetic appearance of private land and private properties has a decisive and long-term effect on the City*s potential for future growth and prosperity; that unsightly conditions and structures frequently existing in and upon private properties, such as inoperative motor vehicles, persistently undermine the integrity of various City landscapes and the general quality of life in many areas of the City; and propert~as affected by such conditions have a debasing and demeaning effect on surrounding lands and property values. 282 The City Manager further advised that Section 21-40.1 of the Code of the..C, ity of Roanoke (1979), as amended, as originally adopted by Counc, I ;n 1976, was intended to prohibit and thereby effec0vely control the open storage of inoperative vehicles on residential, commercial or agriculturally zoned properties in the City, and legal enforcement of Section 21-40.1 required the City to summon, prosecute and convict violators thereof through the legal process of the courts. It was noted that Section 21-40.1 was subsequently repealed, revised and re-enacted in 1993 as Division 13, Inoperative Motor Vehicles, under Article VII of Chapter 36.1, Zoning (Section 36.1-503-565); however, Division 13 as re- enacted still requires the City to prosecute and convict each individual violation through the legal process of the court system. It was explained that effective methods are needed to eliminate or reduce to minimal levels, unsightly and illegal conditions such as inoperaGve vehicles openly stored on private properties in violation of the City Code, advising that legal prosecution through the court system over the past ten years has proven to be a time consuming process for both the City and the court system; that current ordinance procedures (court process) have resulted in an increasing backlog of complaints, violations and cases involving open storage of inoperative motor vehicles on private property and new complaints and violations are continuously being added to the backlog. Reference was mede to Section 15.1-11.1 of the Code of Virginia (1950), as amended, which authorizes any city, county or town that has adopted such ordinance to remove, store and dispose of (sell in whole or in part for use, for parts, or for scrap metal processing) any such inoperative motor vehicle, whenever the owner thereof fails to place the same within an enclosed building or otherwise fails to shield or screen such vehicle from view, or subsequently fails to reclaim such vehicle after reasonable notification has been given. The City Manager recommended that Council authorize amendment to Chapter 20 of the City Code to provide for removal and disposition of inoperative motor vehicles by the City, which amendment will enable the City to contract with licensed towing companies to provide towing, storage and disposal services, with vehicles removed from private property to be stored on the premises of the towing company. It was noted that owners of such vehicles will be able to reclaim the vehicle at the premises of the respective towing company, upon payment of reasonable charges for towing and storage services 283 ACTION: st reclamation; and vehicles unclaimed after due notification has been provided to the owners may be disposed of (sold), as provided for by law, by the towing firms to recoup their expenses for towing and storage services. (For full text, see report on fils in the City Clerk's Office.) Mr. Parrott moved that the following ordinance be placed upon its first reading: (#32575) AN ORDINANCE amending and reordaining Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, by enacting new Article V, KeeDinQ of Ino;)erative Vehicles, to provide for regulation of inoperative vehicles in residential, commercial or agricultural district, and appropriate procedures for the removal and disposition of unlawfully kept inoperative vehicles; repealing Section 36.1-563, A~olication, Section 35.1-564, ~ inooerative vehicles, and Section 36.1-565, Removal of inoperative vehicles, of Division 13, Inooerative Vehicles, of Chapter 36.1, Zonin_., of the Code of the City of Roanoke (1979), as amended; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 57, page 397.) The motion was seconded by Mr. Edwards. The Mayor inquired if there were persons presented who would like to address Council with regard to the matter; whereupon, Ms. Petie U. Cavendish, 406 Walnut Avenue, S. W.; Mr. David A. Camper, 1838 Grandin Road, S. W.; Mr. Lou E. Ellis, 1502 Sherwood Avenue, S. W.; and Mr. Willard E. Jones, 1732 Aspen Street, N. W., spoke in support of the proposed ordinance. A communication from Roger Dalton, Executive Director, Williameon Road Area Business Association, Inc. (WRABA), advising that WRABA strongly supports the proposed ordinance which will send a clear and convincing signal to all citizens that the City will not tolerate eyesores that negatively affect Roanoke's image, was before Council. (For full text, see communication on file in the City Clerk's Office.) Ordinance No. 32575, on first reading, was adopted by the following vote: 284 AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers -7. I NAYS: None ......... -0. OTHER HEARINGS OF CITIZENS: TRAFFIC-COMPLAINTS-STATE HIGHWAYS-STREETS AND ALLEYS: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared before Council and requested that all plans of the~City to construct four lane highways and roadways through any residential community, especially predominantly black communities, be discontinued. COMPLAINTS-HOUSING/AUTHORITY-FLOOD REDUCTION/ CONTROL: Mr. E. Gray Homley, 1319 Thomeson Road, S. E., appeared before Council and inquired as to the City's long-range plans with regard to houses that were damaged ih the Garden City area as a result of heavy rainfall on June 28, 1995. T.he Mayor re. quested .that the Assista.n.t City .Manager, or appropnate City offic,al, meet w~th Mr. Horsley to d~scuss h;s concems. POLICE DEP,A. RTM ENT-COM PLAINTS-DRUGS/SU BSTANCE ABUSE-SOLICITATION. Ms. Janet L. Barton, 901 Patterson Avenue, I S. W., and Mr. Robert Zimmerman, 912 Salem Avenue, S. W., appeared before Council and complained about prostitution and illegal drugs in the area of their home and business, respectively. With the concurrence of Council, the Mayor requested that the matter be referred to the City Manager for investigation. There being no further business, the Mayor declared the meeting adjoumed at 7:40 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 285 ROANOKE CiTY COUNCIL -- ROANOKE COUNTY BOARD OF SUPERVISORS July 11, 1995 12:30 p.m. A joint meeting of the Roanoke City Council and the Roanoke County Board of Supervisors was called to order on Tuesday, July 11, 1995, at 12:30 p.m., in the Roanoke County Administration Center, 5204 Bernard Drive, S. W., County of Roanoke, fourth floor Conference Room, with Mayor David A. Bowers and Chairman H. Odell Minnix presiding. ROANOKE CITY COUNCIL MEMBERS PRESENT: Elizabeth T. Bowles, John S. Edwards, John H. Parrott, W*dliam White, Sr., Linde F. Wyatt and Mayor David A. Bowers ........................................... -6. ROANOKE CITY COUNCIL MEMBERS ABSENT: Delvis O. McCadden ....... 1. OFFICERS PRESENT REPRESENTING ROANOKE CITY: James D. RJtchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; William F. Clark, Director of Public Works; and Kit B. Kiser, Director of Utilities and Operations. ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Bob L. Johnson, Har~y C. Nickens, Lee B. Eddy, Edward G. Kohinke and Chairman H. Odell Minnix ........................... -5. ROANOKE COUNTY BOARD OF SUPERVISORS ABSENT: None ............ -0. OFFICERS 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; Ann Marie Green, Public Info~¥,~ation Officer; Mary H. Allen, Clerk to the Board of Supervisors; and Timothy W. Gubala, Director of the Economic Development Department. The meeting was opened with a prayer by John M. Chambliss, Assistant County Administrator. Following lunch, the business perfion of the meeting commenced at 1:10 p.m. 286 Chairman Minnix called attention to a lengthy agenda in which it was noted that because of ti.me. constraints, it would be di~cult to address all a..ge.n.d, a ?.ems; whereupon, the Chairman advised that Roanoke City had agreed to hmlt ~ts list of items for discussion to three and Roanoke County would do likewise. He noted that Roanoke City had selected the following items for discussion: (1) Metropolitan Public Transit per Tower~Perrin study, (2) request for an update on affordable housing in Roanoke County, in particular, Habitat for Humanity, and (3) joint City-County employee Trigon Blue Cross/Blue Shield group coverage for local govemments and schools. Ho further noted that Roanoke County had selected the following items: (1) follow-up on the Towers Perrin/Regionalization Report, (2) status report on greenways study, and (3) concept of a regional visitors center on the Blue Ridge Parkway. If time permits, Chairman Minnix advised that since both localities would like to discuss the Towers/Perrin Regionalization report, Roanoke County would like to discuss the matter of regionalization of water resources through creation of a Roanoke Valley Water Authority. METROPOLITAN PUBLIC TRANSIT PER TOWERSIPERFUN STUDY: Mayor Bowers referred to correspondence from the City Manager advising that Virginia law allows local governments, or a group of local governments, to create transit districts for the purpose of coordinating, not only mass transit, but bikeways, greenways and transportation for the elderly and the disabled. He called attention to two transit districts in the Commonwealth of Virginia at the present time, both of which have received special authority from the General Assembly. He noted that the Roanoke City Council is pleased that the Towers/Perrin study addressed the matter of a Metropolitan Transportation Authority which focuses on not only transportation needs but also greenways. He pointed out that RADAR operates in Roanoke City and CORTRAN operates in Roanoke County which groups offer identical services, yet they operate under two differant offices. He advised that for fiscal year 1995.96, Roanoke City Council increased its funding subsidy to Valley Metro by $190,000.00 287 because the Federal Govemment has decreased funding for transportation; and it is possible that within three years, the City's loss from the Federal Government for Greater Roanoke Transit Company could be as high as $300,000.00; therefore, the City believes that the issue of greenways, transportation for the disabled, and mass transit are issues that should be considered regionally. Vice-Mayor Edwards called attention to an idea which surfaced as a result of The New Century Council's recommendations in regard to previding bus service from Lynchburg to the Roanoke Valley, advising that in the future, there will be a need to fie the New River Valley and the Roanoke Valley closer together, especially with the opening of The Hotel Roanoke Conference Center and the opportunity to previde continuing education programs. Therefore, he stated that the entire issue of mass transit, which is a grewing issue, should be addressed jointly by Roanoke City and Roanoke County. Following discussion, it was the consensus that Roanoke City would make its staff available to any jurisdiction of the Roanoke Valley or the New River Valley for appropriate briefings; and the two administrative staffs would discuss the matter. FOLLOW-UP ON TOWERS/PERRIN REGIONALITA. TION REPORT' Mr. Eddy advised that the Towers/Perrin report addressed regionalization of services and explored criteria for potential regionalizafion where similar services are previded by more than one jurisdiction, where economy of scale is significant, where quality of services will not be reduced, and where expected savings or service imprevements am significant. He stated that specifically mentioned in the report are fire and rescue, purehasing, refuse collection, health care, emergency dispatch, training and bus service, and added that there are a number of other services that could also be considered. He noted that the Towers/Perrin report also addressed formation of an organization referred to as the "Council of Govemments" which could be composed of the chief elected otficere of each of the five jurisdictions participating in the Towere/Perrin report that would meet periodically to discuss various issues and provide fccdbeck to their respective localities. In addition to the policy board composed of chief elected officere, he noted that the TowereJPerrin report suggested the formation of an administrative board to be composed of chief executive officere or city managere. Following discussion, it was the consensus that the matter should receive further discussion at an upcoming regional meeting of the two goveming bodies. 288 REQUEST FOR AN UPDATE ON AFFORDABLE HOUSING IN ROANOKE COUNTY. IN PARTICULAR. HABITAT FOR HUMANITY: Mr. White called attention to the need for affordable housing not only in the City of Roanoke, but the entire Roanoke Valley. He encouraged Roanoke County to work with Roanoke City to help expand the program of Habitat for Humanity into other Roanoke Valley jurisdictions. He stated that since the availability of building lots in the City of Roanoke is limited, Roanoke County has a building resource that currently does not exist in Roanoke City, and encouraged all jurisdictions in the Roanoke metropolitan area to be involved in the program of Habitat for Humanity. The Chairman called attention to a program in his district, the Cave Spring Magisterial District, where approximately five acres of land has been offered to Habitat for Humanity which is of sufficient size to accommodate eight to ten houses. Mr. Hodgs called attention to meetings with Neva J. Smith, Executive Director of the Roanoke Redevelopment and Housing Authority, which has resulted in joint application for certain grants to be administered regionally. He added that pureuat,,'t to a statement by Ms. Smith that Roanoke needs a program whereby the Housing Authority would represent the entire Roanoke Valley, he has requested the County Planning staff to study the matter. Following discussion, it w..ss the consensus that the City Administration will provide the County Administration with specific information on how the City has · worked with Habitat for Humanity. CONCEPT OF A REGIONAL VISITORS CENTER ON THE BLUE RID(~E PARK1NAY: Dr. Nickens and Mr. Gubala presented prepared information on a proposal for a Blue Ridge Parkway Visitors Center. (See position paper on file in the City Clerk's Office.) It was recommended by Roanoke County that the Roanoke Valley work with the National Park Service to develop a regional process to evaluate and select the best Roanoke Valley Visitors Center site on the Blue Ridge Parkway and to outline a partnership that will design, fund, construct and operate the facility, and that a joint regional task force comprised of City and County staff, the Roanoke Valley Convention and VIsitors Bureau, Friends of the Blue Ridge Parkway, and the National Park Service be formed to complete the evaluation and to select the site location, with a report to the local governments within 90 days. 289 Dr. Nickena advised that a facility is needed that will be much broader than I just a Visito. rs Center, which .c.o. uld serve as an Orientation/In.te..rpretation Center where the h,story of the Blue Ridge Parkway could be told to v,s,tore travelling on the Parkway through a 12 - 15 minute video, and/or numerous artifacts could be displayed, etc. The Mayor advised that the City will communicate with Roanoke County within ten days as to the Council's representative and the City Administration's representative to serve on the Task Force. Mr. Hodge advised that Roanoke County will contact appropriate Roanoke Valley jurisdictions/organizations to invite their representation/participation. CREATION OF AN ORGAN AND TISSUE TRANSPLANTATION COMMISSION: Mayor Bowers advised that Roanoke City and Roanoke County have adopted measures in support of the Organ and Tissue Transplantation Commission; whereupon, it was reported that all of the jurisdictions in the Allegheny Health District have adopted similar rssolu~ons, with the exception of the City of Covington and Allegheny County, and Dr. Molly L. Rutledge, Director, Roanoke City Health Department, plans to implement the program by August 1, 1995. JOINT CITY/COUNTY EMPLOYEE TRiGON BLUE CROSS/BLUE SHIELD GROUP Mayor Bowers advised that the City supports joint health care coverage, and Vice-Mayor Edwards called attention to those persons who retire at the age of 65 whose health insurance costs increase drastically; however, recently Roanoke City initiated a program to make health insurance more affordable for its retirees. He called attention to other ways to help retirees, employees and taxpayers through group purchasing which would create less expensive insurance premiums and a variety of coverage, and participation by a larger group would lead to more bargaining power. He spoke in support of instructing the City Manager and the County Administrator to investigate a program that will save taxpayers and retirees money. At this point, 2:20 p.m., Mr. White and Mr. Parrott left the meeting. Ms. Wyatt suggested that HMO's be investigated which would be less expensive and provide quality sewice and that methods be explored to make health insurance policies more affordable at the family level. 29O STATUS REPORT ON GREENWAYS STUDY: Mr. Eddy, a member of the Greenways Steering Committee, advised that several months ago each of the four Roanoke Valley governments appropriated funds for a greenway plan; a request for proposals was submitted for a Roanoke Valley conceptual greenways plan and six responses were received, with four firms having been interviewed and Greenways, Inc., of Carey, North Carolina, having been selected to prepare the study. He called attention a kick-off luncheon to be held on July 24 at the Vinton War Memodal to which local government officials were invited to see examples of the work of Greenways, Inc., in other localities; and a workshop that evening which is open to the public at the Roanoke Civic Center, to be followed by two additional workshops on August 17 and August 30. He stated that in September and October, the plan will be finalized for presentation to the various governments, and is envisioned that the consultant will assist in making application for ISTEA grants for one or more projects to be funded with Federal monies. ECONOMIC DEVELOPMENT PARTNERSHIP: Mr. Johnson advised that at some future date, the localities of the Roanoke Valley will have to resolve economic development issues, and it is time that the two localities combined their economic development staffs with the regional partnership to form an alliance with Montgomery County and the City of Salem to purchase 2,000 - .3,.000 acres of land on both sides of the Smart Road, establmsh" a bus~ness,- and d,v, de the revenue. There being no further business, the Mayor and Chair declared the joint meeting adjourned at 2:35 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 291 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL I July 24, 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, July 24, 1995, at 3:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Re ular M etin· of Section 2-15, ~cedurs_, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members John H. Parrott, William White, Sr., Elizabeth T. Bowles, John S. Edwards, Delvia O. McCadden and Mayor David A. Bowers ..... -6. ABSENT: Council Member Unda F. Wyatt ............................................ 1. OFFICERS PRESENT: 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. The meeting was opened with a preyer by The Reverend G. Ernest Deyerle, II, Pastor, Red Hill Church of the Brethren. The Pledge of AJlegiance to the Flag of the United States of America was led by Mayor Bowers. ~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 fora1, 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 disposition of publicly held property, specifically sale of certain personal property and intangible assets of the City; and personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by Council. 292 ACTION: COMMI'FTEES-COUNCIL: A communica~on from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters rslgdng 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. J (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 rslgdng 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 Parrott, White, Bowles, Edwards, McCaddan and Mayor Bowers ................................. -6. NAYS: None ...... (Council Member Wyatt was absent.) PARKS AND RECREATION-ACTS OF ACKNOWLEDGEMENT- COMMITTEES-COUNCIL-STATE OF THE CITY REPORTS: Part IV of the Mayor's 1995 State of the City Report with regard to a Mill Mountain incline, was before Council. Mayor Bowers advised that during his te,;;, as Mayor, he has continued to emphasize tourism initiatives, including the opening of The Hotel Roanoke & Conference Center, the development of the railwalk, funding for the Virginia Museum of Transportation, increased funding for the Roanoke Valley Convention and Visitors Bureau, and continued funding for Explore Park. He stated that the City cannot neglect Mill Mountain, a most valuable resource, in that equation; and it is prudent to consider ways in which to connect the mountain to other areas of the City through a better and more unique transportation access to the top of the mountain. He added that it is time to bring back the tram to Mill Mountain or to provide some other alternative access to connect the mountain to the City, which project would be operated on a contractual, private and hopefully profitable basis by private business. 293 The Mayor requested that the proposal he referred to the City I Manager for appropriate response and implementation. (For full text, see Part IV of the Mayor's 1995 State of the City Report on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that the matter be referred to the City Manager for appropriate response and implementation. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Bowles, Edwards, McCadden and Mayor Bowers .......................................... -6. NAYS: None (Council Member Wyatt was absent.) MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee held on Monday, June 26, 1995, were before Council. The Audit Committee ~ddressed the following items: I KPMG Peat Marwick General Audit Plan Fiscal Year Ending June 30, 1995. Auditor of Public Accounts - Clerk of Circuit Court Audit Report June 30, 1994. Municipal Auditing - Jail Inmate Fund, Sheriff's Canteen Fund and Roanoke City School Activity Funds Planning Memo. Controls Evaluations - Parks and Recreation Part-time Payroll and Parking Operations. Substantive Testing - Police Department Cash Funds and Building Inspections. 294 ACTION: ACTION: System Development - City-wide .Billings and Receivables. Preliminary Survey - Social Servtces. (For full text, see minutes on file in the City Clerk's Office.) Mrs. Bowles moved that the minutes be received and filed. The motion was seconded by Mr. Parmtt and adopted by the following vote: AYES: Council Members Par;off, White, Bowles, Edwards, McCadden and Mayor Bowers ................................ -6. NAYS: Non= (Council Member Wyatt was absent.) COMMITTEES-ROANOKE CMC CENTER: A communication from Melinda J. Payne tendering her resignation as a member of the Roanoke Civic Center Commission, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowies moved that the communica.fion be received and filed and that the resignation be accepted. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Bowles, Edwards, McCadden and Mayor Bowers ......................................... -6. NAYS: Non= (Council Member Wyatt was absent.) CiTY 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 sale of certain pemonal property and intangible assets of the City, pursuant to Section 2.1-344 (AX3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) 295 ACTION: ACTION: Mrs. Bowles moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to disposition of publicly held property, specifically sale of certain personal property and intangible assets of the City, pursuant to Section 2.1-344 (AX3), Code of Virginia (1950), es amended. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Bowies, Edwards, McCadden and Mayor Bowers .............. -6. NAYS: None (Council Member Wyatt was absent.) OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT: A report of qualification of Jeannette E. Hardin 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. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Bowles, Edwards, McCadden and Mayor Bowers ................................ -6. NAYS: None (Council Member Wyatt was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. OTHER HEARINGS OF CITIZENS: SIDEtNALK/CURB AND GUTTER-CITY PROPERTY-ROANOKE GAS COMPANY-ROANOKE NEIGHBORHOOD PARTNERSHIP: Arthur L. Pendleton, Vice-President of Operations, Roanoke Gas Company, advised that at the Council meeting on Monday, July 10, 1995, Ms. Robin Murphy-Kelso reported gas leaks in the Summit Hills section of 296 ACTION: ACTION: the City. He stated that upon invest]gat]on, two leaks were found which were classified as Grade 3 leaks, or Iow priority leaks; however, given the circumstances, the Gas Company repaired the leaks, and the Summit Hills area has been placed on the five to ten year replacement program, with the area to be closely monitored. (For full text, see communication on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the remarks of Mr. Pendlaton would be received and filed. PETITIONS AND COMMUNICATIONS: POLICE DEPARTMENT-CITY EMPLOYEES-PERSONNEL DEPARTMENT-PENSIONS: Robert F. Rider, Attomey, representing James L. Viar, advised that his client is a 43-year employee of the Police Department who elected to participate in the City's "new" pension plan; however, after further review of the City's two pension plans, it would be more advantageous for Mr. Viar to retire under the "old" system; therefor, he requested that Council give favorable consideration to the request of his client. (For full text, see communication on file in the City Clerk's Office.) '~ Recognizing that the request involves a personnel issue, Mr. White moved that the matter be received and filed. The motion was seconded by Mr. Parrott and adopted. BUDGET-DRUGS/SUBSTANCE ABUSE-COMMONWEALTH'S ATTORNEY-CITY EMPLOYEES-GRANTS: A communication from the Honorable Donald S. Caldwall, Commonwealth's Attorney, advising 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; and Council accepted the Multi- Jurisdictional Special Drug Prosecutor Grant in April 1988, and a full- time Special Drug Prosecutor was hired in July 1988, was before the body. It was explained that on April 15, 1994, the Commonwealth's Attorney's Office was notified by the Commonwealth's Attorneys' Services Council that legislation approved by the General Assembly allowed funds for drug prosecutor positions to be transferred from the Department of Criminal Just]ce Services and the Commonwealth's i 297 Attorneys' Services Council to the State Compensation Board; therefore, 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, which positions will be funded separately from the positions in the Commonwealth's Attomey's Office, with their own co~t code, budget and monthly payroll and expense report; and on March 10, 1995, the Compensation Board approved funds for the Drug Prosecutors's Office for the pedod of July 1, 1995 through June 30, 1996, in the total amount of $80,523.00. The Commonwealth's Attorney recommended that Council concur in the following actions: Accept funding for and continued participation in the drug prosecutor positions through the State Compensation Board for the pedod of July 1, 1995 through June 30, 1996, in the amount of $80,523.00. Authorize the City Manager to execute all appropriate documents to obtain funding for the positions. Appropriate $80,523.00 in the Grant Projects Fund and establish a corresponding revenue estimate in accounts to be established by the Director of Finance, as follows: Regular Employee Salaries Fringe Benefits Office Expenses $61,830.00 7,401.00 11,292.00 Total }80~523.00 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 Off,ce.) Mr. Edwards offered the following emergency budget ordinance: 298 ACTION: (~32576-072495) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an entergency. (For full text of Ordinance, see Ordinance Book No. 57, page 406.) vo-I~te M.r. Edwards moved the adoption of Ordinance No. 32576-072495. motion wes seconded by Mrs. Bowles and adopted by the following ACTION: AYES: Council Members Parrott, White, Bowles, Edwards, McCadden and Mayor Bowers ....................................... -6. NAYS: None-- (Council Member Wyatt was absent.) Mr. Edwards offered the following resolution: ...(#.32677-072496) A RESOLUTION authorizin Multi .....,,_.~ ........ g acceptance of a - -,,.--~,,~,on~ ~peclal urug Prose. cutor Grant made to the City of ~_o_a~t_ o..1(, by ~e_..Com .mo.n. wealth ~ Virg,ni, and authorizing acceptance, execua°n an° ming o~ a:, appropriate documents to obtain such funds. (For full text of Resolut, on, see Resolution Book No. 57, page 407.) Mr. Edwa.rds moved the adoption of Resolution No. 32577- .07.2495. The.motion was seconded by Mrs. Bowles and adopted by the fOllOwing vote: AYES: Council Members Parrott, White, Bowles, Edwards, McCaddan and Mayor Bowers ......................... NAYS: None- (Council Member Wyatt was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: 299 SEWERS AND STORM DRAINS-PUBLIC WORKS-FLOOD REDUCTION/CONTROL-TOWNE SQUARE/HUNTING HILLS-STREETS AND ALLEYS: The Director of Public Works advised that on or about June 29, 1995, settlement occurred in the pavement in Towne Square Boulevard of approximately two to three feet in the area extending between Aviation Drive and the airport in beck of Crossroads Mail; the road was immediately barricaded and approximately one week later, following additional rainfall, the pavement settled even further, and upon investigation, it was determined that the storm drain was approximately 17 feet deep which exceeded the City's equipment capacity to make the necessary repairs. He stated that the assistance of a geologist, a structural engineer and two local contractors was enlisted to provide estimates on necessary action to repair the damage. He advised that the street was closed and on or about July 17, 1995, E. C. Pace Co., began excavation, that approximately $19,500.00 has been expended to date, with the street expected to be open by approximately July 31, and it is estimated that an additional $20,000.00 will be expended. He explained that a report will be submitted to Council within two weeks recommending a source of funding for the work. ACTION: Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: NEIGHBORHOOD ORGANIZATIONS-GRANTS-EQUIPMENT- ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager submitted a written report advising that the City entered into an agreement with the Hurt Park Neighborhood Association on July 29, 1994, for the purpose of operating a family education program, a neighborhood watch program, establishment of a B.A.D.D. (Blacks Against Drunk Driving) campaign and other promotional and recruitment activities for the period covering July 1, 1994 through June 30, 1995. It was explained that the following revisions to the agreement have been requested by Hurt Park Neighborhood Association: Extend the date by which performance must be completed from June 30, 1996 to August 31, 1995. 300 ACTION: Include the pumhase of office equipment and other revisions specific to the family education program in the scope of service section of the agreement. Make necessary revisions in the itemized budget to reflect the abovedescribed changes. It was further explained that the Roanoke Neighborhood Partnership concurs in the request of the Hurt Park Neighborhood Association; and an amendment to the Community Development Block Grant Agreement is necessary to authorize the revisions. The City Manager recommended that he be authorized to execute the Community Development Block Grant contract amendment with the Hurt Park Neighborhood Association. {For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#32578-072495) A RESOLUTION authorizing Amendment No. 1 to a CDBG Mini-G?nt Agreement between the City. and Hurt Park Neighborhood Association, dated Ju. ly 29, 1.994, to pro. de for purchase · ~ of office equipment and an extenston of time for performance of the El 1994-1995 activities. ~'~ (For full text of Resolution, see Resolution Book No. 57, page 408.) Mr. White moved the adoption of Resolution No. 32578-072495. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrott, White, Bowles, Edwards, McCadden and Mayor Bowers .................................... -6. NAYS: None . (Council Member Wyatt was absent.) BUDGET-GRANTS-WEST END CENTER: The City Manager submitted a written report advising that Council authorized funding for renovations to the West End Center, Inc., as part of the Community Development Block Grant (CDBG) application which was approved by 301 Council, pursuant to Resolution No. 31977-050994, adopted on May 9, 1994; ~at on July. 11, 1994, pursuant to Resolution No. 32099-071194, Council appropriated CDBG funds, which included $45,000.00 for renovations to the West End Center; and on July 28, 1995, the City entered into an agreement with West End Center, Inc. It was further advised that the following changes are necessary to complete the agreement: Change the scope of services to include the paving of a vacant lot owned by West End Center, Inc., to allow for additional parking. Extend the time of perfo~iiiance from July 1, 1994 to September 30, 1995. Increase the agreement by $11,000.00 to allow for the additional work. The City Manager recommended that he be authorized to execute Amendment No. I to the contract between the City and West End Account No. 035-093-9337-5023 Account No. 035-094-9437.5023 $9,220.00 $1,780.00 To West End Center Construction Account No. 035-093-9337-5024 Account No. 035-094-9437-5024 $9,220.00 $1,780.00 (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (~32579-072495) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 409.) 302 ACTION: ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32579-072495. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Bowles, Edwards, McCadden and Mayor Bowers ........................................ -6. NAYS: None (Council Member Wyatt was absent.) Mrs. Bowles offered the following resolution: (#32580-072495) A RESOLUTION authorizing Amendment No. 1 to the contract between the City and West End Center, Inc., dated July 28, t994, such amendment relating to additional Community Development Block Grant (CDBG) funding and an extension of time of perfo~,~ance in connection with renovation to the West End Center. (For full text of Resolution, see Resolution Book No. 57, page 410.) Mrs. Bowles moved the adoption of Resolution No. 32580-072495. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Bowles, Edwards, McCadden and Mayor Bowers .................................... -6. NAYS: None (Council Member Wyatt was absent.) POLICE DEPARTMENT-STATE HIGHWAYS-BRIDGES- CONSULTANTS REPORTS: The City Manager submitted a written report advising that Supplementary Bridge Inspection Reports are required on 69 structures in the City; that the airport tunnel under Runway 23 is required to be inspected annually to ensure safety and to keep deterioration under control; that Jefferson Street old pedestrian underpass under Norfolk Southern Railway is to be inspected annually per agreement with Norfolk Southern; and on July 12, 1993, pursuant to Ordinance No. 31571.071293, Council authorized Agreements for Consultant Services for three years with Hayes, Seay, Mattem & Mattem, Inc., and Mattern & Craig, Inc. l 303 i It was explained that authorization by Council is neces, sary to execute Amendment No. 2 to Agreements for Consultant Services for Year Three of Throe, as follows: Agreement with Haves. Seav. Mattem & Mattem, 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 34,188.00 1995 work scope 39 bridges I tunnel 4 bridge load rating analysis 64.300.00 1993, 1994 and 1995 total $167,112.00 I Aa_reement with Mattem & Crai.q, Inc. dated June 15, 1993 (Ordinance No. 31571-071293) 1993 work scope 33 bridges $ 39,000.00 1994 work scope 44 bridges 52,500.00 1995 work scope 28 bridges t tunnel 6 bridge load rating analysis 47.700.00 1993, 1994 and 1995 total $139,200.00 304 ACTION: The City Manager recommended that Council authorize execution of Amendment No. 2, in · form to be approved by the City Attorney, to ~ the agreements with Hayes, Seay, Mattem & Mattern, Inc., and Mattern & Craig, Inc., in the amount of $64,300.00 and $47,700.00, respectively. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (~32581-072495) A RESOLUTION authorizing execution of Amendment No. 2 to the City's agreement with Hayes, Seay, Mattern & Mattem, Inc.; and authorizing the execution of Amendment No. 2 to the City's agreement with Mattem & 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. 57, page 411.) Mr. Parrott moved the adoption of Resolution No. 32581-072495. The moUon was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Parrott, White, Bowles, Edwards, · McCadden and Mayor Bowers ............................................ -6. _I_ NAYS: None (Council Member Wyatt was absent.) BUDGET-BRIDGES-STREETS AND ALLEYS: The City Manager submitted a written report advising that funding of $150,000.00 was established in the fiscal year 1995-96 budget for bridge maintenance, which funding exists in the General Fund Transfer to Capital Projects Fund, Account No. 001-004-9310-9508; and estimated cost for various small maintenance projects as identified in annual consultant bridge inspections is $1,400,000.00. It was explained that funds need to be transferTed from the General Fund to the Capital Projects Fund; and the following bridges have the highest priority maintenance needs that will be partially funded by the requested fund transfer: 305 First Street over Railroad - Replacement of Sidewalk Hangers Berkley Road over Carvins Creek - Deck Replacement. Shenandoah Avenue over Peters Creek - Erosion at W, ng Walls, Place Rip Rap Ogden Road - Unde,~.,ining of Wing Walls Ninth Street over Railroad - Clean and Spot Paint and Roughen Deck Mudlick Road - Scour Behind Wing Walls The City Manager recommended that the Director of Finance be authorized to transfer $150,000.00 from General Fund Transfer to Capital Projects Fund to a new account to be established in the Capital Fund entitled, "Bridge Maintenance 95/96". (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (f/32582.072495) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. I (For full text of Ordinance, see Ordinance Book No. 57, page 412.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 32582-072495. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Parrott, White, Bowles, Edwards, McCadden and Mayor Bowers ......................................... -6. NAYS: None (Council Member Wyatt was absent.) BUDGET-ROANOKE CIVIC CENTER-CMERP-EQUIPMENT: The City Manager submitted a written report advising that during the prior year's Capital Maintenance and Equipment Replacement Program process, the need was identified to restore 522 Coliseum seats and to purchase 522 new Coliseum seats; that specifications were drafted and, along with a Request for Quotation, were forwarded to five vendors; and after due and proper advertisement, one bid was received and 306 ACTION: evaluated by representatives of Utilities and Operations, General Services and .C!vic Center from Delta Graphic, Inc., at a cos.t of i $114,895.60, wh,ch bid has been dete;,~med to meet all requ,red specifications.. The City Manager recommended that Council accept the bid of Delta Graphics, Inc., to restore 522 seats and to purchase 522 new seats for the Coliseum, for a total cost of $114,895.60; and appropriate $114,895.60 from Materials Control Prior Year's Retained Earnings to Account No. 005-056-2108-9015. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following emergency budget ordinance: (#32583-072495) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Materials Control and Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 413.) Mr. Edwards moved the adoption of Ordinance No. 32583-072495. ., The motion was seconded by Mr. McCadden and adopted by the · following vote: AYES: Council Members Parrott, White, Bowies, Edwards, McCadden and Mayor Bowers ............................................. -6. NAYS: None (Council Member INyatt was absent.) Mr. Edwards offered the following emergency ordinance: (#32584-072495) AN ORDINANCE accepting the bid of Delta Graphic Inc., to restore 522 Coliseum seats and to purchase 522 new Coliseum seats at the Civic Center;, and rejecting all other bids made to the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. $7, page 415.) 307 ACTION: Mr.: Edwards moved the adoption of Ordinance No. 32584.072496. The m. otlon was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrott, INhite, Bowies, Edwards, McCaddan and Mayor Bowers ............................ -6. NAYS: None ..... ---4). (Council Member Wyatt was absent.) BUDGET-ROANOKE CIVIC CENTER-CMERP-EQUIPMENT: The City Manager submitted a written report advising that the General Fund Capital Maintenance and Equipment Replacement Program has identified the need to replace the existing ice rssur~acing machine and gas-powered ice edger at the Roanoke Civic Center, which items will be purchased in accordance with the Procurement Code; and appropriation by Council of funds from Prior Year Retained Earnings Accounts to allow for acquisition of said equipment is necessary. The City Manager recommended that Council appropriate $46,050.00 from Civic Center Prior Year Retained Earnings Account to I Operational Accoun. t No. 005-056-2108-9015 to provide funds for purchase of the equipment. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: (~325854)72495) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 416.) ACTION: Mr. McCadden moved the adoption of Ordinance No. 32585- 072495. The motion was seconded by Mr. Parrott and adopted by the following vote: 308 ACTION: AYES: Council Members Parrott, White, Bowles, Edwards, McCadden and Mayor Bowers ..................... -6. NAYS: None (Council Member Wyatt was absent.) GENERAL SERVICES-SCHOOLS-EQUIPMENT.WATER RESOURCES: The City Manager submitted a written report advising that bids are received annually on a fiscal year basis for furnishing and su.pplying to the City estimated quantities of ductile iron water pipe, wh,ch represent anticipated needs for a period of one year; that funds are available in various Water Department and Capital accounts to provide for purchase of the required water pipe; and specifications were drafted and six bids were received and evaluated. The City Manager recommended that Council accept the bid submitted by Griffin Pipe Products Co., for a total bid price of $273,255.00, for the period July 1, 1995 through June 30, 1996; 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: (#32586-072496) A RESOLUTION accer)tin, the bid nf P.,a~. r~;,. Prcdu¢~ CO., made to the City for furnishing ,' "d'delive~-n(~'d'~cti'"~'~ i' r'o~'~ water pipe; and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 57, page 417.) Mrs. Bowles moved the adoption of Resolution No. 32586-072495. The m. otion was seconded by Mr. McCadden and adopted by the follow, rig vote: AYES: Council Members Parrott, White, Bowles, Edwards, McCaddan and Mayor Bowers ........................................ -6. NAYS: None,, (Council Member Wyatt was absent.) 309 INSURANCE-BILLINGS AND COLLECTIONS-EMERGENCY ME.DICAL SERVICES: The City Manager submitted a wdtten report adwsing that the City of Roanoke contracts with Quantum Medical Business Services, Inc. (QMBS), to provide billing and collection services relative to emergency medical user fees; that QMBS provides similar billing and collection services for other companies and indicates that revenue can be enhanced by implementing credit card usage for payment of accounts; and payment by credit card is a growing trend in the medical industry. It was further advised that Quantum Medical Business Services, Inc., is a member of the Intemational Billing Association (IBA); that through a bid process, IBA awarded a contract to First USA, a national credit card clearinghouse for card services at 1.88 per cent for each credit card transaction; and as a member of IBA, Quantum Medical Business Services can secure reduced credit card fees for their clients. The City Manager recommended that Council approve the use of credit card payment for collection of emergency medical services user fees. (For full text, see report on file in the City Clerk'T Office.) I Mr. Edwards offered the following resolut, on: (~t32587.072495) A RESOLUTION permitting the payment of fees for emergency medical services by use of credit cards and authorizing an agreement with a credit card clearinghouse. (For full text of Resolution, see Resolution Book No. 57, page 418.) ACTION: Mr. Edwards moved the adoption of Resolution No. 32587- 072495. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrott, White, Bowies, Edwards, McCadden and Mayor Bowers ............................... -6. NAYS: None (Council Member Wyatt was absent.) 310 ACTION: DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of June 1995. (For full text, see financial report on file in the City Clerk's Office.) The Mayor requested demographic info,~-,~ation regarding the amount of sales tax revenue generated to the City through purchases made by persons residing outside the City of Roanoke as opposed to those living within the City limits. Mr. White also requested information on the amount of prepared food and alcoholic beverage tax paid by citizens residing outside of the City of Roanoke for presentation during 1996-97 budget study. Without objection by Council, the Mayor advised that the financial report would be received and filed. CITY ATTORNEY: c TY CODE-'E=?U TIO.-DISA? .=D PE"SO.S.' The city Attorney submitted a written report adv, s,ng that the 1995 Session of the General Assembly enacted legislation which has applicability to persons who use vehicles with disabled parking licenses or placards; that said legislation provides that it shall be unlawful for a person with this type of license plate or placard to park in a parking space reserved for persons with disabilities unless the driver is limited or impaired in his ability to walk except when the individual is transporting a person with such a disability in the vehicle; and the statute also authorizes local goveming bodies to assess and retain a penalty for violation of this prohibition. The City Attorney transmitted a measure shich will incorporate the abovedescribed prohibition into the Cit7 Code, advising that the penalty for violating, the provision is $50.00, and recommending adoption of and ord,nance which is intended to prevent abuse of disabled parking spaces. (For full text, see report on file in the City Clerk's Office.) 311 Mr. White offered the following emergency ordinance:. (~2588-072495) AN ORDINANCE amending and ranrda, ning §20- 76(a), Parkin. in Soaces Reserved for Persons with Disabilitie~ of the Code of the City of Roanoke (1979), as amended, to prohibit individuals who ars not limited or are impaired in their ability to walk from parking a vehicle in a space reserved for disabled persons except when transporting a person with such a disability in the vehicle; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 419.) ACTION: Mr. White moved the adoption of Ordinance No. 32588-072495. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrott, White, Bowles, Edwards, McCedden and Mayor Bowers ...................................... -6. NAYS: None (Council Member INyatt was absent.) I REPORTS OF COMMITTEES: CITY PROPERTY-SPECIAL PERMITS-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 authorizing a conditional permit to Dwayne P. Martin, 2231 Windsor Avenue, S. W., Official Tax No. 1440112, for extension of a wooden fence approximately 2.8 feet into the right-of-way of the adjacent alley along the side of his property. A staff report advised that a citizen complaint regarding the fence encroachment in the alley adjacent to 2231 Windsor Avenue, S. W., was received on May 13, 1993; that the City Engineer requested that the property owner relocate the fence in order to eliminate encroachment into the City's right-of-way, to which request, Mr. Martin did not respond; that on September 1, 1994, the Zoning Administrator advised Mr. Martin that the fence was in violation of two sections of the Code of the City of Roanoke (1979), as amended, and offered three options to con, ct the problem, to which request, Mr. Martin did not respond; that 312 ACTION: legal action was initiated against the property owner, through the General District Court, and. Judge James P. Brica instructed Mr. Martin I to meet with appropriate C,ty officials to resolve the matter as soon as possible; therefore, the property owner has requested a conditional permit to allow the fence to remain in its present location. The Water Resources Committee recommended that Council authorize a conditional permit, in a fo,,,, to be approved by the City Attorney, to Dwayne P. Martin, 2231 Windsor Avenue, S. W., Official Tax No. 1440112, to permit the extension of a wooden fence approximately 2.8 feet into the right-of-way of the adjacent alley along the side of the property, which permit shall automatically terminate if the fence is ever removed or destroyed, and shall stipulate that the City will be held harmless and have no liability or responsibility should the City need to relocate, remove or damage all or part of said fence. (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: (#32589) AN ORDINANCE granting a revocable permit for the maintenance of a wooden fence encroaching up to 2.8 feet over and I into the right-of-way of an alley located adjacent to the side of the residence at 2231 Windsor Avenue, S. W., Official Tax No. 1440112, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 57, page 420.) The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Parrott, INhite, Bowles, Edwards, McCadden and Mayor Bowers ....................................... ---6. NAYS: None (Council Member Wyatt was absent.) UNFINISHED BUSINESS: None. 313 ACTION: INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CHURCHES-STREETS AND ALLEYS: Ordinance No. 32573 permanently vacating, discontinuing and closing a portion of a certain alley situate between Day Avenue and the former and now vacated Mamhall Avenue, S. W., extending westedy from Franklin Road to a point at the northwesterly comer of Lot 27, Section 6, Map of Lewis Addition, having previously been before the Council for its flint reading on Monday, July 10, 1995, mad and adopted on its flint reading and laid over, was again before the body, Mm. Bowles offering the following for its second marling and final adoption: (#32573-072495) AN ORDINANCE peimanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are mom particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 57, page 393.) Mrs. Bowles moved the adoption of Ordinance No. 32573-072495. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Membem Parrott, White, Bowles, Edwards, McCadden and Mayor Bowem ..................................... -6. NAYS: None ........ -0. (Council Member Wyatt was absent.) ZONING: Ordinance No. 32574 mzoning a tract of land located at 2219 Franklin Road, S. W., containing .48 acre, described as Official Tax No. 1150108 and a portion of Official Tax No. 1150111, from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant, having previously been before the Council for its first reading on Monday, July 10, 1995, 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: 314 ACTION: (~32574-072496) AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 115, Sectional I 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. 57, page 395.) Mr. White moved the adoption of Ordinance No. 32574-072495. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Bowles, Edwards, McCadden and Mayor Bowere ........................................... -6. NAYS: None (Council Member Wyatt was absent.) TRAFFIC-CITY CODE-ZONING: Ordinance No. 32575 amending and reordaining Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, by enacting new Article V, KeeDina_ of Inooerative Vehicles, to provide for regulation of inoperative vehicles, in residential, commercial or agn.'.cultural districts, and I appropriate procedures for the removal and d~sposition of unlawfully kept inoperative vehicles; repealing Section 36.1-563, Application. Section 36.1-564, Keeoinq_ of inoperative vehicles, and Section 36.1-565, Removal of inoperative vehicles, of Division 13, Inooerative Vehicles, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (t979), as amended; and providing for an effective date of January 1, 1996, having previously been before the Council for its first reading on Monday, July 10, 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: (#32575-072495) AN ORDINANCE amending and reordaining Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, by enacting new Article V, Kee;)inq of InoDerative Vehicles, to provide for regulation of inoperative vehicles in residential, commercial or agricultural districts, and appropriate procedures for the removal and disposition of unlawfully kept inoperative vehicles; repealing Section 36.1-563, ~ Section 315 36.1-564, KeeoinQ of inoperative v.eh. iclss, and Section 36.1-565, Removal of in0r~emt!ve vehicles, of Div,sion 13, Inor)erative Vehicles, of Chapter 36.1 ~ ZonmQ. of the Code of the City of Roanoke (1979), as amended; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 57, page 397.) ACTION: Mr. McCadden moved the adoption of Ordinance No. 32675- 072495. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Bowles, Edwards, McCadden and Mayor Bowers ..................................... -6. NAYS: Nons (Council Member Wyatt was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: None. At 4:20 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, with the exception of Council Member Wyatt. 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: (t) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Infor, t,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. White and adopted by the following vote: 316 ACTION: ACTION: AYES: Council Members Pan~..tt, White, Bowies, Edwards, McCedden and Mayor Bowers ........................ .6. I NAYS: NOte.. ....... '0. (Council Member Wyatt was absent.) COMMITTEES-FLOOD REDUCTIONICON.TROL: .The Mayor advised that them is a vacancy on the Flood Plain Committee created by expiration of the term of James F. Williams and called for nominations to fill the vacancy. Mr. McCadden placed in nomination the name of Dennis D. Tinsley. Them being no further nominations, Mr. Tinsley was elected as a member of the Flood Plain Committee, for a term ending June 30, 1996, by the follow, rig vote: ~ FOR MR. TINSLEY: Council Members Parrott. White Bowie- Edwards, McCadden and Mayor Bowers ............ ' ......... ' .... (Council Member Wyatt was absent.) ! OATHS OF OFFICE~-,OMMITTEES-AIRPORT: The Mayor advised that them ia a vacancy on the Roanoke Regional Airport Commission created by expiration of the tern, of W. Robert Herbert and called for nominations to fill the vacancy. Mr. White placed in nomination the name of James M. Tumer, Jr. Them being no further nominations, Mr. Turner was elected as a member of the Roanoke Regional Airport Commission, for a term ending March 9, 1999, by the following vote: FOR MR. TURNER: Council Members Parrott, White, Bowles, Edwards, McCadden and Mayor Bowers .......................... .6. (Council Member Wyatt was absent.) 317 OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised that there ,a a vacan.cy on the Virginia Western Community College Board created by exp~retion of the term of ~ Byron Smith, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Audrey M. Wheaton. There being no further nominations, Ms. Wheaton was elected as a member of the Virginia Western Community College Board, for a term ending June 30, 1999, by the following vote: ACTION: FOR MS. WHEATON: Council Members Parrott, White, Bowles, Edwards, McCaddan and Mayor Bowers--- ~ ........................... -6. (Council Member Wyatt was absent.) COMMITTEES-HUMAN DEVELOPMENT: The Mayor advised that there is a vacancy on the Roanoke Interagency Council (parent representative) created by the resignation of Marguerite Smith and called for nominations to fill the vacancy. Mr. Edwards placed in nomination the name of Ann J. Francis. I There being no further nominations, Ms. Francis was elected as the parent representative to the Roanoke Interegency Council by the following vote: ACTION: FOR MS. FRANCIS: Council Members Parrott, White, Bowles, Edwards, McCaddan and Mayor Bowers .............................. -6. (Council Member Wyatt was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that the term of David Hill as a member of the Roanoke Arts Commission expired on June 30, 1995, and called for nominations to fill the vacancy. Mr. Edwards placed in nomination the name of David Hill. There being no further nominations, Mr. Hill was reelected as a member of the Roanoke Arts Commission, for a term ending June 30, 1998, by the following vote: 318 ACTION: ACTION: ACTION: FOR MR. HILL: Council Members Parrott, White, Bowles, Edwards, McCadden and Mayor Bowers ....................... -6. I (Council Member Wyatt was abeenL) COMMITTEES-CITIZENS SERVICES COMMITTEE: The Mayor advised that the term of Harold P. Kyle as a member of the Citizens Services Committee expired on June 30, 1995, and called for nominations to fill the vacancy. Mr. Edwards placed in nomination the name of Harold P. Kyle. There being no further nominations, Mr. Kyle was reelected as a member of the Citizens Services Committee, for a term ending June 30, 1996, by the following vote: FOR MR. KYLE: Council Members Parrott, White, Bowles, Edwards, McCadden and Mayor Bowers ................................... -6. (Council Member Wyatt was absent.) COMMITTEES-FLOOD REDUCTION/CONTROL: The Mayor advised that the te.nn of Harold L. Shaffer as a member of the F!ood i Plain Committee exp,red on June 30, 1995, and called for nom,nat, ons _ to fill the vacancy. Mr. Edwards placed in nomination the name of Harold L. Shaffer. There being no further nominations, Mr. Shaffer was reelected as a member of the Flood Plain Committee, for a te,,~ ending June 30, 1996, by the following vote: FOR MR. SHAFFER: Council Members Parrott, White, Bowles, Edwards, McCadden and Mayor Bowers ............................... -6. (Council Member Wyatt was absent.) CELEBRATIONS-COMMITTEES-SPECIAL EVENTS: The Mayor advised that the terms of Peter R. Lampman and Pearl Fu as members of the Special Events Committee expired on June 30, 1995, and called for nominations to fill the vacancies. 319 Mr. Edwards placed in nomination the names of Peter R. Lampman and Pearl Fu. There being no further nominations, Mr. Lampman and Ms. Fu were reelected as members of the Special Events Committee, for terms ending June 30, 1996, by the following vote: ACTION: FOR MR. LAMPMAN AND MS. FU: Council Members Parrott, White, Bowles, Edwards, McCadden and Mayor Bowers ............... 6. (Council Member Wyatt was absenL) ACTION: Inasmuch as Mr. Lampman is not a resident of the City of Roanoke, Mr. Edwards moved that the City residency requirement for pe~ons sewing 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. There being no further business, the Mayor declared the meeting adjourned at 5:35 p.m. I ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 320 3:00 p.m. The Council of the City of Roanoke met in special meeting in the City Council Chamber, fourth floor of the Municipal Building, 215 Chumh Avenue, S. W., City of Roanoke, on Monday, July 31, 1995, at 3:00 p.m., pursuant to Section 10, Meefin_~s of Council. of the Roanoke City Charter, and pursuant to a communication from the Mayor under date of July 27, 1995, calling the special meeting of Council, with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowies, John S. Edwards, Delvis O. McCadden, Linda F. Wyatt and Mayor David A. Bowers ................................. 5. ABSENT: Council Members John H. Parrott and William White, Sr.- ............. 2. OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attomey; James D. Grieso, Director of Finance; and Mary F. Parker, .City Clerk. . The meeting was opened w,th a prayer by The Reverend Frank W. Feather, Pastor, Forest Hill Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The Mayor referred to the following communication calling the special meeting of Council: "July 27, 1995 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: Pursuant to Section 10, Meetings of Council, of the Roanoke City Charter, I am calling a special meeting of I 321 Council on Monday, July 27, 1995, at 3:00 p.m., in the Cou.ncil Cha..mber, nor purpose of Roanok.e City the discuss,ng and tak, ng poss, ble act,on on a report and recommendation of the City Manager in connection with the sale of the Roanoke City Nursing Home. Sincerely, Is/David A. Bowers David A. Bowers, Mayor City of Roanoke" (See communication on file in the City Clerk's Office.) CITY NURSING HOME: The Assistant City Manager submitted a wdttan report of the City Manager advising that on March 13, 1995, Council approved appropriation of $70,000.00 for legal assistance to fully explore the option of allowing a private developer/operator to construct and operate a new nursing home facility; and following numerous meetings and study of the matter, an agreement has been negotiated with the top-ranked proposer, Smith/Packett Med-Com, Inc., which is contingent upon issuance of a Virginia Medical Care Facility Certifi.ca. te of Publi..c Need by the State Health Commissioner authon-,ng construct,on of a new facility. It was further advised that the following assets of the Roanoke City Nursing Home will be acquired by Smith Packett Med-Com, Inc.: certain capital equipment not disposed of in an ordinary course of business prior to closing, goodwill related to operation of the Nursing Home, unconditional right to relocate the City's 58 nursing home beds, and medical records, patient lists, reports and correspondence relative to nursing home residents. 322 The City Man.a. ger recommended that he be authorized to enter into an agreement with Smith/Packett Meal-Corn, Inc., for acouisition of certain specific assets of the Roanoke City Nursing Ho~ne, and ~ recommended employee con~~ package as more fully set forth in the report. ACTION: (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: (~32590) AN ORDINANCE authorizing a certain Agreement to be entered into between the City and Smith/Packett Med-Com, Inc., by which the City agrees to sell certain tangible and intangible assets of the Roanoke City Nursing Home; authorizing the City Manager to execute an Agreement relating to the terms and conditions of such sale, a bill of sale and such other documents on behalf of the City as may be necessary to close this tra.n, saction; authorizing the City Manager to agree to one or more s,tas for construction of a new nursing home facility; authorizing the City Attorney to issue a certificate and opinion in connection with the closing of this transaction; authorizing officials of the City to consult and assist the buyer in ~n ~n~.~_on with the cl.osure of the existing Nursing Home and issuance a ce, u,,cate ~ pu.b. I;c need for and construction of a new facility; and i authorizing continu,ty bonus and separation pay programs for certain employees of the Nursing Home on July 31, 1995. (For full text of Ordinance, see Ordinance Book No. 57, page 422.) The motion was seconded by Mrs. Bowies. The Reverend Frank W. Feather, Chair, Advisory Board of Human Development, advised that the Advisory Board was fully informed on the nursing home question from the beginning, has had the opportunity to provide input, and co_n.c, urs in the recommen, dation of the City Manager. He commended C,ty staff for its compaas:onate concern and a.dvised that the Advisory Board will monitor the situation and play a viable role in change-over procedures. Ordinance No. 32590, on first reading, was adopted by the following vote: 323 AYES: Council Members Bowies, Edwards, McCadden, Wyatt and Mayor Bowers NAYS: None ...................................... 4). (Council Members Par~ott and White were absent.) There being no further business, the Mayor declared the special meeting adjourned at 3:30 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 324 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL August 14, 1995 3:00 p.m. The Council of the City of Roanoke mst in regular session in the City C.o.u. ncil Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., C~ty of R.oanoke, on Monday, August 14, 19.9.5, at 3:00 p.m., the regular meeting hour with V, ce-Mayor John S. Edwards presid, ng, pursuant to Rule 1, Re u ar Meet, n's of Section 2-15, Rules of Procedure ~,~,, ,-, ,,... ,-, ..... ~ ........... . ,,= ,,~ty or I~oanoKe (1979), as amended. PRESENT: Council Members William White, Sr., Linda F. Wyatt, Elizabeth T. Bowles, Delvia O. McCadden, John H. Parrott and Vice-Mayor John S. Edwards---6. ABSENT: Mayor David A. Bowers .......................................... 1. · OFFI.C. ERS PRESE.~T: W. Robert..H.e. rbert, city.Manager; James O. Ritchie, Sr., A?~stant C~.ty Manager, Wilbum C. D,bl,.n.g, Jr., Cmty Attomey; James D. Grisso D,rsctor of Finance; and Mary F. Parker, C~ty Clerk. ' P . The meeting was opened with a prayer by The Reverend C. Kenneth Wright, astor, Evangel Foursquare Church. b ~T~.~e Pledge of Allegiance to the Flag of the United States of America was led I y Vice Mayor Edwards. PUBLIC HEARINGS: PARKS AND RECREATION-HOUSING/AUTHORITY. PLANNiNG. CH.URCHES-GRANTS-ECONOMiC DEVELOPMENT: The City Clerk having advertised a public hearing for Monday, August 14, 1995, at 3:00 p.m., or as soon thereafter as the matter may be heard, to consider endo.mement of a grant application to the Virginia Departm.e. nt of Housmng.and Community Development for funds associated ~nth the Clean S;tas Grant P. rogram, in connection with the Gainsboro Professional Park ProJect, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times & Worid.Ncw~ on Monday, August 7, 1995. (See publisher's affidavit on file in the City Clerk's Office.) 325 A .report of the City Manager advising that discussions with I organizat,ons .representing .the Gainsboro neigh.borhood a indic, ate need for additional profeas,onal office and bus, nsss space ,n the Galnsboro area, was before Council. It was further advised that the current objective of the Professional Pa~ Project is to establish a professional park which will provide office space for professionals and other service-oriented small businesses serving the northeast area of the City; facilities would include incubation space, start-up and supportive services to assist in developing new businesses; funding in the amount of $1t0,000.00 was approved as part of the City's 1992-93 Community Development Block Grant (CDBG) program to relocate two structures (110 and 111 Wells Avenue, N. E.) from their locations in the proposed right-of-way of the pending Second Street project onto lots in the Gainsboro Professional Park Project area; and Project scope was later modified to relocate one structure (111 Wells Avenue) and to replicate the existing structure currently identified as 110 Wells Avenue. It was explained that funding is currently available from the Clean Sites grant fund administered by the Virginia Department of Housing and Community Development to assist with the rehabilitation and I. adap~ve reuse of 111 Wells Avenue for office use; the Clean Sites Grant fund provides $100,000.00 per community to prepare vacant or abandoned sites for commercial or industrial redevelopment; application for the next funding round must be submitted to the Virginia Department of Housing and Community Development by close of business on Friday, August 18, 1995; and a local match consisting of local funds, committed Federal funds, or private sector commitments is required. The City Manager recommended that Council adopt a resolution supporting the Gainsboro Professional Park Project and that he be authorized to submit an application for up to $100,000.00 in funding from the Clean Sites Grant fund administered by the Virginia Department of Hous,ng and Community Development. (For fuil text, see report on file in the City Clerk's Office.) Il! 326 ACTION: Ms. VVyatt offered the following resolution: t .(#32597-081495) A RESOLUTION authorizina the City u..=,,.. o make application to the Commonweal,r. A,,:_~'_,_ .. '" :"-""?". ,,, ~,~ v.~lmm L~epar~men[ or v, opmant rsqu--Ung 00,000.00 rom the ~'r~~v~ ~r ~e pu~ ~ ,upping ~e Gainsboro · u --~--,~fl u[ dfly ~qulreo d~n~ ~n ~ ~ ~ CiW ~r a~e~nce ~ said g~nt which may ~ awam~. (For full text of Resolution, see Resolution Book No. 57, page 431.) M.s.. W~att moved the adoption of Resolution No. 32597-081495. The mot,on was seconded by Mr. Parrott. .T. he Vice-Mayor inquired if there were persons present who would I,ke to address Council with regard to the matter. Phillip F. Sparks, Acting Director. Econorni,,- Development, presented a short briefing on the Clean Sit'ss Prog~'[~. P Mr.. VVhite made the observation that the Historic Galnsboro reservation Group is not. reP.?ente.d on the Galnsboro Professional P.a. rk Task Forc. e. Following dl.S. cus?lon, .Mr. White request.e.d that the I CJty Manager insure that th.e H. fsto.n.c Gafnsboro Preservat, on Group - has an opportunity to prov,de ,nput into the program. Ms. Evelyn D. Bethe!, 35 Patton Avenue, N. E., inquired as to why the hour.o~. ~e public h..e~, ng wes changed to 3:00 p.m. instead.of 7:00 p.m., w~.. mh ,s the establish, ed ho. ur for conducting public hea.nngs by Council. She also inqu,red ,f any members of the Ga,nsboro Professional Park Task Force were in attendance; and further inquired as to why. funds are requested for the prog..ram separate from r~gular Community Development Block Grant funding. The City Manager explained t.hat the concept under discussion was part of t. he CDBG pub!lc heanng which was conducted ,n M 1995. He adv;sed that the C;h- *,.--,-: ........ ... ' ay · -y ,-,,u~ ,. quesuon are aoclitional Sta match,ng dollars to those funds that k ..... , .... te · ,,--,, -.u~.uy oeen a roved both Council and the State De'-------- -- _ PP by Development. ~..,.,,u.t OT .ousing and Urban 327 In fu .rther msponss to Ms.. Bethel'e qussti, on, the City Manager I stated that ,nssmuch as the Ga, nsboro Professional .Pa~ Task Force participated in the process for the CDBG public heanng ~n May 1995, City staff telephoned each member to explain that the public hearing was a procedural matter, and inasmuch as the Task Force had previously voted in support of the program, their presence would not be required. Ordinance No. 325974)81495, was adopted, by the following vote: AYES: Council Members White, Wyatt, Bowies, McCadden, Parrott and Vice-Mayor Edwards ................................... -6. NAYS: None (Mayor Bowers was absent.) CONSENT AGENDA The Vice-Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the special meeting of Council held on Monday, May 1, 1995; a meeting of the City Council Personnel Committee held on Wednesday, May 3, 1995; and the regular meetings of Council held on Monday, May 8 and Monday, May 22, 1995, 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. McCedden and adopted by the following vote: 328 ACTION: AYES: Council Members INhite, INyatt, Bowles, McCadden, Parrott and vice-Mayor Edwards .......................... -6. NAYS: Non: (Mayor Bowers was absent.) TAX. ES-ANNUAL REPORTS-REAL ESTATE VALUATI..O.N: A commun,cafion from Mayor Da.v? A. Bowers transmitting a communication from the Honorable Richard C. Patfieall, Judge, Twenty- Third Judicial Circuit of Virginia, forwarding the Annual Report of the Board of Equalization for the taxable year July 1, 1995 through June 30, 1996, was before Council. (For full text, see communications and Annual Report on file in the City Clerk's Office.) Mrs. Bowies 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 White, Wyatt, Bowies, McCadden, Parrott and Vice-Mayor Edwards ............................... -6. NAYS: None (Mayor Bowers was absent.) ACTS OF ACKNOWLEDGEMENT-CITY SHERIFF-CITY JAIL: A communication from Mayor David A. Bowers t.~nsmitting correspondence form the Honorable W. Alvin Hudson, Sheriff, advising that the Roanoke City Jail was presented with the official "Certificate of Certification" from the Virginia Board of Corrections, was before Council. It was explained that this is the first certificate of this type to be presented in the Commonwealth of Virginia and indicates that the Roanoke City Jail is in t00 per cent compliance with all of Virginia's Minimum Standards for Local Jails and Lockups. (For full text, see communications on file in the City Clerk's Office.) Il 329 ACTION: Mrs. Bowies moved that the communications be received and I filed. The mot]on was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, McCadden, Parrott and Vice-Mayor Edwards .................... -6. NAYS: None (Mayor Bowers was absent.) ZONING-PLANNING: A report of the City Planning Commission in connection with the request of CSW Associates, William H. Lester, Brownie Lester and Douglas S. Spadaro, represented by Edward A. Natt, Attorney, that property located on the northerly side of Brandon Avenue and west of Aerial Way Drive, S. W., identified as Official Tax No. 5200107, and a port]on of Official Tax No. 5200119, be rezoned from C-1, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, which request was recommended for denial at the July 5, 1995 meeting of the Planning Commission, was before Council. I The City Planning Commissio.n. advised that the for the .attomey petit]oners' has requested that Counc,I set a public heanng for Monday, August 28, 1995 at 3:00 p.m., or es soon thereafter as the matter may be heard, for the express purpose of remanding the matter back to Planning Commission for recommendation; and the City Planning Commission recommends approval of the request. (For full text, see report on file in the City Clerk's Office.) ACTION: Mrs. Bowies moved that Council concur in the request to hold a public hearing on Monday, August 28, 1995 at 3:00 p.m., or as soon thereafter as the matter may be heard. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, McCadden, Parrott and Vice-Mayor Edwards ............................ -6. NAYS: None (Mayor Bowers was absent.) 330 ACTION: OATHS OF OFFICE-COMMITTEES-ARCHITECTURAL REVIEW BOARD-ECONOMIC DEVELOPMENT-P~RSONNEL DEPARTMENT- f LIBRARIES-AIRPORT-SCHOOLS-YOUTH. The following reports of __ qualification were before Council: Kevin A. Deck as a member of the Architectural Review Board for a term ending October 1, 1998; Charles R. Saul as a member of the Economic Development Commission for a term ending June 30, 1998; Jennifer Mulligan as a member of the Personnel and Employment Practices commission for a term ending June 30, 1996; Mary C. Maier as a member of the Roanoke Public Library Board for a term ending June 30, 1998; James M. Turner, Jr., as a member of the Roanoke Regional AIrport Commission for a term ending March 9, 1999; · William R. Reid and Audrey M. Wbeaton as members of the Virginia Wsstem Community College Board for ending June 30, 1999; and Corrine B. Gott as a member of the Youth Services Citizen Board for a term ending May 31, 1998. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the reports of qualification be received and filed. The motion was seconded by Mr. McCaddan and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, McCadden, Parrott and VIce-Mayor Edwards. - .............. -6. NAYS: Non= (Mayor Bowers was absent.) 331 ACTION: ACTION: ACTION: REGULARAGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: DRUGS/SUBSTANCE ABUSE: The Honorable Philip A. Trompeter, Chairperson, Roanoke Valley Drug and Alcohol Abuse Council, presented a status report dated January 1995 entitled, "Roanoke at RIsk". {See report on file in the City Clerk's Off,ce.) Mr. White moved that the report be received and filed. The motion was seconded by Mr. McCadden and adopted. COMPLAINTS-NUISANCES-REFUSE COLLECTION: Ms. Lillian A. Carter, 2744 Ordway Drive, N. W., addressed problems with regard to overgrown weeds, hedges and animals running at large in her neighborhood. She stated that the value of her property has decreased because of the condition of neighboring properties, which pose a health hazard. She added that the City has adopted an ordinance regulating weeds and asked that a similar measure be enacted to regulate the growth with trees and that the ordinance be strictly enforced. Following discussion of the matter, Mr. White moved that the City Manager be requested to immediately address specific concems raised by Ms. Carter and to report to Council within 30 days, and that the City Manager be further requested to report to Council within 60 days in regard to the feas'~bility of adopting a measure regulating the growth of trees in the City of Roanoke. The motion was seconded by Mr. McCadden and adopted. Mr. White moved that the City Manager be requested to immediately address specific concerns raised by Ms. Carter and report to Council within 30 days, and the City Manager was further requested to report to Council within 60 days with regard to the feasibility of adopting a measure pertaining to trees in the City of Roanoke. The motion was seconded by Mr. McCadden and adopted. OTHER HEARINGS OF CITIZENS: None. 332 ACTION: PETITIONS AND COMMUNICATIONS: VIRGINIA MUNICIPAL LEAGUE-COUNCIL: from Mayor David A. Bowers advising that the Virginia Municipal League will meet on October 8 - 10, 1995, in Virginia Beach and proposing that the regular meeting of the Roanoke City Council scheduled for Monday, October 9, 1995, be rsscheduled to Monday, October 16, 1995, at 3:00 p.m. and 7:00 p.m., respectively; and requesting that Council designate a Voting Delegate and Alternate Voting Delegate to the Annual Business Session of the League to be held on October 10, 1995 was before the body. A communication (For full text, see communication on file in the City Cls~'s Office.) Mr. McCadden moved that the matter be referred to the City Attomey for preparation of the proper measure designating Mayor Bowers as Voting Delegate and Council Member Bowies as Alternate Voting Delegate; and that the City Attomey be further requested to prepare the proper measure changing the Council meeting date from October 9 to October 16, 1995 at 3:00 p. m. and 7:00 p. m. respectively. The motion was seconded by Ms. Wyatt and adopted. BUDGET-POLICE DE. PARTMENT-COMMONWEALTH'S ATI'ORNEY-GRANTS: A commumcafion.f?m the Honorable Donald S. Caldwell, Commonwealth's Attorney, advising that in an effort 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 retumed to local law enforcement agencies, police and prosecutors, for use in their fight against crime; and since August 1991, the Office of the Commonwealth's Attorney has expended the $25,000.00 originally appropriated. It was further advised that revenues collected through June 30, 1995, for the grant total $47,602.00; current revenue estimate is $33,573.00 and funding received in excess of the estimated revenue totals $14,029.00 and needs to be appropriated. The Commonwealth's Attorney recommended that Council concur in a request to continue the grant, and appropriate $14,029.00 to the following grant fund accounts: Administrative Supplies 035-026-5140-2030 Expendable Equipment (<$500.00) 035-026-51 40-2035 $ 2,029.00 1,000.00 333 I Other Rental CIS-Personal Computer Rental/Maintenance Expendable Equipment >$500.00 Training & Development 035-026-5140-2044 035-026-5140-3075 035-026-5140-7007 035-026-5140-9005 $ 2,000.00 2,500.00 4,000.00 2.500.00 Total $14,029.00 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.) Mrs. Bowles offered the following emergency budget ordinance: (#32598-081495) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 432.) ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32598-081495. The motion was seconded by Mr. Panott and adopted by the following vote: AYES: Council Members INhite, Wyatt, Bowles, McCadden, Panott and Vice-Mayor Edwards ............ -5. NAYS: Nonc (Mayor Bowers was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: SCHOOLS: The City Manager referred to a recent meeting with the Commonwealth of Virginia, Secretary of Education, in Richmond, Virginia, to discuss the concept of a University Center proposed to be I located in the City of Roanoke, which meeting was led by Vice-Mayor 334 John S. Edwards accompanied by representatives of Virginia Western Comm.unity College, the business com.munity and local government. He advised that there ia a need to establ,sh a more formalized method for citizens of Roanoke to obtain their college degree; therefore, some time ago, Council recognized the importance of such a program at the graduate school level and donated space for a Graduate Center which is presently housed in the Church Avenue Parking Garage. He stated that the program has been so successful in conjunction with the University of Virginia, Virginia Tech, Radford University, Roanoke College and Hollins College that officials are currently in search of additional space. He added that as the University Center program was reviewed, it was determined that its greatest impact on the community would be in the area immediately adjacent to the new Hotel Roanoke & Conference Center on the former Norfolk & Western Railway Company headqumtora site, and noted that Norfolk Southem is willing to give the City an opportunity to put the property to positive use. A video was presented with regard to the University Center concept which included the following information, in part: The University Center is envisioned as several training and education programs sponsored by a variety of institutions i.n one central location to serve the entire Roanoke reg,on. As a catalyst for economic growth, the I University Center will train individuals for competency in technological fields. Because today's training must be specifically directed at job applications in fields such as computers, electronics and engineering, the Center will provide technology transfer functions with job training. The Center will house academic programs provided by various colleges and univeraitles to help fill the void of the Roanoke Valley in not having a public four-year college. Virginia Western Community College currently has a "Two Plus Two" program with Old Dominion University for engineering studies which enables individuals to attend classes in Roanoke without having to travel to Norfolk, and the program has been so successful that it has been expanded to include health and business courses, and discussions with Radford University and others are underway for additional programs. Many students maintain full-time jobs, thus quick and easy access to classes at night is essential to their being able to complete college level pregrams. Since there is no university in Roanoke, Virginia Tsch, University of virginia and Radford 335 University offer graduate programs at the Roanoke Valley I Graduate Center. which is housed in the lower level of the downtown parking garage, and the progrs.ms, based on both gr~duata and non-credit levels, continue to grow, with overcrowding not only limiting enrollment, but preventing the development of new programs. Since the opening of The Hotel Roanoke & Conference Center, the University School of Hospitality/Tourism Management has been seeking ways to provide programs to meet the needs of the emerging tourism industry in the Roanoke Valley, and there is a need for programs to assist entrepreneurs in starting businesses, and training and consulting in various areas is vital to the economic growth of the region. The proposed site for the University Center is the building that formerly housed the headquarters of Norfolk & Western Railway located across from The Hotel Roanoke & Conference Center. In the same building, Virginia Western Community College and the Graduate Center could share technology which has the potential for significant cost savings. The Conference Center is the most technically advanced public meeting facility in the United States, including a connection on the Internet with Virginia Tech; therefore, the synergy between the Conference Center and University Center is obvious. Training and education needs of the region can be met in one location in a "one stop" shopping approach. The building is in a major part of downtown Roanoke and has historic and architectural value to the region, and converting the building to a University Center would preserve an important structure and continue the revitalization of downtown Roanoke. Combined with The Hotel Roanoke & Conference Center and plans for the revitalization of Henry Street, University Center will be a catalyst for redevelopment in the area now connected to downtown and the pedestrian walkway over the railroad tracks. University Center would mean new jobs and its mission would be to push the Roanoke region for more jobs and higher paying jobs through training and education. A partnership involving the City of Roanoke, colleges and universities, the private sector and the Commonwealth of Virginia will be necessary to develop University Center. The Norfolk Southern Corporation has discussed the idea of contributing its former headquarters 336 building and land estimated to have a value of approximately $6.0 million for this purpose. The City and the Roanoke Redevelopment and Housing Authority have agreed to contribute $2.5 million for site improvements and parking for University Center and the use of State funds to renovate the building will save valuable space at Virginia Western Community College. University Center will provide a college in a downtown campus setting similar to Old Dominion University in Norfolk. At 4:30 p.m., the Vice-Mayor declared the meeting in recess. At 4:35 p. m., the meeting reconvened in the Council Chamber, with Vice-Mayor Edwards presiding, and all Members of the Council in attendance, with the exception of Mayor Bowers. ITEMS RECOMMENDED FOR ACTION: HOUSING/AUTHORITY-PLANNING-GRANTS: The City Manager submitted a written report advising that Council authorized funds for administration and program support of activities to be implemented by the Roanoke Redevelopment and Housing Authority as part of the Community Development Block Grant (CDBG) and Housing Investment Partnership Program (HOME) applications included in the Consolidated Plan submission to the U. S. Department of Housing and Urban Development (HUD) for fiscal year 1995-96 on May 8, t995, pursuant to Resolution No. 32476-050895; HUD approved the City's Consolidated Plan by letter under date of June 28, 1995; Council authorized acceptance of the 1995-96 CDBG Entitlement and Appropriation of Funds for CDBG activities on June 26, 1995~ pursuant to Ordinance No. 32525-062695 and Resolution No. 32526-062695; and the Roanoke Redevelopment and Housing Authority historically has administered certain portions of CDBG and HOME programs for the City, including housing rehabilitation and economic development activities. It was further advised that Community Development Block Grant funds budget for services of the Roanoke Redevelopment and Housing Authority in fiscal year 1995-96 total $256,203.00 for administration and support of 1t HOME and CDBG funded programs; that project funds to be administered by the Housing Authority and covered by the agreement total $892,782.00 in CDBG funds; and 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. i 337 The .C. ity Manager recommended that the City Manager, or the I Assistant City Manager, and the City Clerk be authorized to execute and attest the 1995-96 Community Development Block Grant Agreement with the Roanoke Redevelopment and Housing Authority and amendments thereto, if necessary, in a form to be approved by the City Attorney, within the limits of funds set forth in the report and for the purposes set forth therein. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (ft32599-081495) 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 FY 1995-1996. (For full text of Resolution, see Resolution Book No. 57, page 434.) ACTION: Ms. Wyatt moved the adoption of Resolution No. 32599-081495. The metion wes seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, McCadden, Parrott and Vice-Mayor Edward*.. ......... -6. NAYS: None (Mayor Bowers was abesnL) BUDGET-NEIGHBORHOOD ORGANIZATIONS-HOUSING/ AUTHORITY-GRANTS-ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager submitted a written report advising that the City has certified the Northwest Neighborhood Environmental Organization, Inc. (NNEO), to be a bona fide Community Housing Development Organization {CHDO), as defined by the U. S. Department of Housing and Urban Development (HUD); Council approved execution of an Agreement with NNEO for purchase, rehabilitation and resale of properties located at 813, 8t4 and 815 Gilmer Avenue, N. W., pursuant to Resolution No. 32009-052394, adopted on May 23, 1994, which provides $48,422.00 in HOME Investment Partnership (HOME) funds and agrees to add funds at a later date; and Amendment No. 1 added 338 $24,900.00 for NNEO's CHDO operating expenses, Amendment No. 2 added $54,734.00, and $66,594.00 in private financing has been committed to the project by Signet Bank. It was further advised that in November 1994, the Northwest Neighborhood Environmental Organization, Inc., purchased the three properties (813, 814 and 815 Gilmer Avenue, N. W.); a decrease of $1,482.00 is estimated in budgeted site work, title/ recording and appraisal costs; the project budget included $40,000.00 for relocation of current tenants, with tenant relocation having been completed at a cost of $9,188.00; the balance of $30,812.00, if transferred to NNEO, could also offset part of the increase in rehabilitation costs; if the $30,812.00 in unspent relocation funds are transferred to NNEO to offset part of the increase in rehabilitation costs, $21,885.00 in additional funding will be needed to complete the project, and the additional $21,885.00 could be provided by the following sources: Signet Bank has offered to increase its financial support by $12,906.00, for a total of $79,500.00. The balance of $8,979.00 would be provided from 1995 HOME CHDO project funds, which are presently uncommitted and available. It was recommended that the City Manager, or the Assistant City Manager, be authorized to execute Amendment No. 3 to the Agreement with the Northwest Neighborhood Environmental Organization, in a form to be approved by the City Attorney, relative to the rehabilitation of 813, 814 and 815 Gilmer Avenue, N. W.; and transferring $39,791.00 of HOME funds, as follows: $30,812.00 from 1994 HOME Relocation, Account No. 035-052-5302-5261 to 1994 HOME NNEO, Account No. 035-052-5302-5270 8,979.00 from 1995 HOME CHDO, Account No. 035-052-5303-5238 to 1995 HOME NNEO, Account No. 035-052-5303-5270 (For full text, see report on file in the City Clerk's Office.) 339 Mrs. Bowies offered the following emergency budget ordinance: t (#32600-081495) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 435.) ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32600.081495. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, McCedden, Parrott and Vice-Mayor Edwards ........... -6. NAYS: None (Mayor Bowers was absent.) Mrs. Bowles offered the following resolution: (#32601-081496) A RESOLUTION authorizing the appropriate City ofl~cials to enter into Amendment No. 3 to the agreement between the City and Northwest Neighborhood Environmental Organization, Inc., relating to the rehabilitation of 813, 814, and 815 Gilmer Avenue, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 57, page 436.) ACTION: Mrs. Bowies moved the adoption of Resolution No. 32601.081495. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, McCadden, Parrott and Vice-Mayor Edwards ........... -6. NAYS: None (Mayor Bowers was absent.) HOUSING/AUTHORITY-GRANTS-ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager submitted a written report advising that Councii authorized the Roanoke Redevelopment and Housing Authority's 1995-96 HOME activities and funding as part of the 34O ACTION: Consolidated Plan approved for submission to the U. S. Department of Housing and Urban Development, pursuant to Resolution No. 32476- 060894 adopted by Council on May 8, 1996, and HUD approved the Consolidated Plan by letter dated June 28, 1996; Council accepted the 1995-96 HOME Partnership Program (HOME) funds from HUD on June 26, t995, pursuant to Resolution No. 32528-062695 adopted on June 26, 1995; and, historically, the Housing Authority has administered a variety of HOME programs for the City, including housing rehabilitation and homebuyer assistance. It was further advised that $209,045.00 in HOME funds ars budgeted for the Housing Authority's 1995-96 administrative and support costs relating to eight HOME-funded activities; $938,198.00 in HOME funds are budgeted for project costs of activities; and Council must approve execution of an agreement with the Housing Authority in order to implement HOME activitias and permit payment to the Housing Authority for costs incurred. It was recommended that the City Manager, or the Assistant City Manager, and the City Clerk be authorized to execute and attest the 1995-96 HOME Agreement, in a form to be approved by the City Attorney, with the Roanoke Redevelopment and Housing Authority and amendments thereto, within the limits of funds and for the purposes set forth in the report. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (ff32602-081495) A RESOLUTION authorizing the appropriate City officials to enter into the 1995-96 HOME Inves;.,,~nt Partnership (HOME) Program Subrscipient Agreement, and any necessary amendments thereto, with the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 67, page 436.) Ms. Wyatt moved the adoption of Resolution No. 32602-081495. The motion was seconded by Mrs. Bowies and adopted by the following vote: 341 AYES: Council Members White, Wyatt, Bowies, McCadden, i Panott and Vice-Mayor Edward= ...... --6. NAYS: None .......... -0. (Mayor Bowers was absent.) BUDGET-MAPS-PUBLIC WORKS-CITY EMPLOYEES-CMERP- EQUIPMENT: The City Manager submitted a written report advising that the Engineering Department maintains approximately 329 appraisal map sheets, which are drawn and maintained by hand; in recognition of the current trend in information technology, the Engineering Department is converting all official City maps to a digital (computer) form, which permits maps to be drawn and stored on a computer; digital maps pe, n~;t layering of map information so that revised information may be updated on the affected layer only; and Council recently approved an agreement with the U. S. A,,,,y Corps of Engineers to provide digital map products, which products may use the appraisal map as base information. It wes further advised that City appraisal maps show the location of real estate parcel boundaries, street rights-of-way and assessment i referen..c.e numbers, and provides geographic reference for a. II other maps; ,t ,s necessary to convert appraisal maps to digital form ,n order that other map themes being prepared by the Corps of Engineers, such as topography, water and sewer infrastructure can be related to real estate parcel boundaries; conversion of existing appraisal maps to digital (computer) form will support and be compatible with future geographic information systems (GIS); and conversion work has been started by the Engineering Department and is approximately 50 per cent complete, with a goal to complete map conversion in one year with the assistance of temporary employees at an estimated cost as follows: Temporary Personnel Microcomputers Plotter Local Area Network Total $ 90,000.00 20,000,00 5,000.00 35.000.00 $150,000.00 The City Manager recommended that Council proceed with conversion of appraisal maps to digital fo,'m using a combination of existing staff and new temporary staff and appropriate $150,000.00 342 ACTION: from prior year's Capital Maintenance and Equipment Replacement Program to the following accounts in the Engineering Department General Fund budget: Temporary Wages Capital Equipment (001,052-4310-1004) (001-052"1310-9005) $90,000.00 60,000.00 (For full text, see report on file in the City Clerk's Office.) Mr. Pan'off offered the following emergency budget ordinance: (#32603-081495) AN ORDINANCE to amend and raordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 437.) Mr. Parrott moved the adoption of Ordinance No. 32603-081495. The motion was seconded by Mr. Wttite and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, McCadden, Parrott and Vice-Mayor Edwards .................. -6. NAYS: Nor. c ........ -0. (Mayor Bowers was absent.) BUDGET-PARKS AND RECREATION-CITY PROPERTY- LANDMARKS/HIST. PRESERVATION-CMERP: The City Manager submitted a written report advising that the General Fund Capital Maintenance and Equipment Replacement Program (CMERP) for fiscal year 1994-95 has identified the need to restore the greenhouse at Mountain View, which was constructed at the time that Mountain View was built; the greenhouse structure has deteriorated to the point where repair/replacement is needed, or in the next two to three years, it will be beyond repair and will need to be totally replaced; the greenhouse is used by the Grounds Maintenance Department on a year round basis, and authorization by Council is necessary to appropriate funds from the prior yasr's Capital Maintenance and Equipment Replacement Program account to allow for restoration of the greenhouse. 343 It was explained that although five construction firms received i specifica?.'ons for the project, only one bid was received from Construction Services of Roanoke, Inc., in the amount of $40,000.00. The City Manager recommended that Council appropdats $46,000.00 from the General Fund prior year's Capital Maintenance and Equipment Replacement Program account to a Capital Projects Fund account to be established by the Director of Finance entitled, "Restoration of Greenhouse". (For full text, see report on file in the City Cle~'s Office.) Mrs. Bowles offered the following emergency budget ordinance: (~t32604.081495) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 438.) ACTION: Mrs. Bowies moved the adoption of Ordinance No. 32604-081495. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, McCadden, Parrott and Vice-Mayor Edwards ................. -6. NAYS: None (Mayor Bowers was absent.) TRAFFIC-STATE HIGHWAYS-GRANTS- STREETS AND ALLEYS: The City Manager submitted a written report advising that the Intectltodal Surface Transportation Efficiency Act (ISTEA) was signed into Federal law in December 1991, which requires state departments of 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"; and the Virginia Depa~(,,,~nt of Transportation (VDOT) approved Roanoke City's project applications in late December 1993, for the following three projects, which were selected by City staff based upon site review, reported accident history, and citizen complaints: 344 ACTION: Old Mountain Road/Nelms lane, N. E., intersection - widen pavement and improve alignment of Nelme 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 further advised that project administration agrsementa require execution by the City to enable the two roadway projects to proceed; and Council will ultimately be requested to concur in the major design features of the two roadway projects and to authorize VDOT to acquire the needed right-of-way. The City Manager recommended that he be authorized to execute two Project Administration Agreements on behalf of the City of Roanoke with the Virginia Depa,~,,-,ent of Transportation, in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (~32605-081495) A RESOLUTION authorizing execution of two Project Administration Agreements with the Commonwealth of Virginia Depa,.l~.~nt of Transportation (VDOT) in connection with the Intermodal Surface Transportation Efficiency Act (ISTEA) Safety Projects for the intersection widening and realignment of Old Mountain Road/Nelms Lane, N. E., and intersection sight distance improvements to King Street/Berkley Road, N. E. (For full text of Resolution, see Resolution Book No. 57, page 440.) Mr. White moved the adoption of Resolution No. 32605-081495. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, McCadden, Parrott and Vice-Mayor Edwards ................ -6. NAYS: Non= (Mayor Bowers was absent.) 345 BUDGET-PARKS AND RECREATION-PUBLIC WORKS-CMERP- I, FLEET MAINT.E. NANCE FUND-SCHOOLS-EQUIPMENT: The City Manager submitted a written report advising that the Roanoke City Public School system has traditionally used custodians to mow grass; the school system has recognized the inefficiency of the current arrangement and has taken action in order to improve the efficiency and the quality of maintenance; and during the month of March 1995, pdvata contractors were invited to bid on mowing school properties; but due to a variety of reasons, the school system received no expressed interest from the private sector. It was further advised that the City's Parks and Recreation Department currently mews land adjacent to 16 school properties; school system administrators contacted the Parka and Recreation Department in regard to providing contract services for mowing school proper'dse; and the Parks and Recreation Department responded with a proposal under date of July 13, 1995; and school administrators have accepted the proposal which was approved by the School Board on August 8, 1995. The City Manager recommended that Council concur in the following actions: Authorize the City Manager to enter into a nine-year agreement, in a for,t, to be approved by the City Attomey, with the Roanoke City School Board for the purpose of mowing school open space property. Appropriate $50,000.00 of the School Board's share of the General Fund Capital Maintenance and Equipment Replacement Program to be transferred to the Fleet Management Fund for purchase of equipment. Appropriate $35,714.28 to Parks Maintenance, Account No. 001-052-4340-9015, and increase General Fund Revenue Estimate, Account No. 001-020.12344)882, by $35,714.28 for inter-fund billings. (For full text, see report on file in the City Clerk's Office.) 346 ACTION: ACTION: Mr. INhite offered the following emergency budget ordinance: (#32606-081495) AN ORDINANCE to amend and reordain certain j~li sections of the 1995-96 General and Fleet Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 440.) Mr. White moved the adoption of Ordinance No. 32606-081495. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, McCadden, Parrott and Vice-Mayor Edwards ................. -6. NAYS: None (Mayor Bowers was absent.) Mr. White offered the following resolution: (#32607.081495) A RESOLUTION authodzing an agreement with the School Board for the City of Roanoke for the purpose of mowing school open space property. (For full text of Resolution, see Resolution Book No. 57, page 442.) Mr. White moved the adoption of Resolution No. 32607-081495. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, McCadden, Parrott and Vice-Mayor Edwards .............. -6. NAYS: None (Mayor Bowers was absent.) BUDGET-FIRE DEPARTMENT-PUBLIC WORKS-CMERP: The City Manager submitted a written report advising that the General Fund Capital Maintenance and Equipment Replacement Program (CMERP) for 1994 identified $24,300.00 for slab replacement at Fire Station No. 7; at the time the new ladder truck was pieced in Fire Station No. 1, the original slab failed and funding was transferred from Fire Station No. 7 .{ 347 to Fire Station No. 1; bids were received for 70 feet of slab replacement, which is the length required for the new engine within the engine bay, for the sum of $17,935.00, and a contract was executed; and Fire Department administration then requested that the old slab throughout the entire length be removed to prevent further disturbance in the engine room, at an anticipated additional cost of $7,210.00. It was further advised that action by Council is required to appropriate funds ;,urn prior years Capital Maintenance and Equipment Replacement Program to complete payment for the total engine bay concrete slab, which is designed to support the 70,000 pound ladder truck, plus the duplication of the pattern of the original slab; whereupon, the City Manager recommended that Council appropriate $7,210.00 from prior years General Fund Capital Maintenance and Equipment Replacement Program to Building Maintenance, Account No. 001-052-4330-3050. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#32608-081495) AN ORDINANCE to amend and reordain certain I sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 443.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 32608-081495. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, McCadden, Parrott ~ Vice-Mayor Edwards .......... -. ............ -6. NAYS: Non=- (Mayor Bowers was absent.) BUDGET-PARKS AND RECREATION-CMERP-FIFTH PLANNING DISTRICT COMMISSION-GREENWAY SYSTEM-CONSULTANTS REPORTS: The City Manager submitted a written report advising that over the past several years, considerable interest has been expressed by citizens of the Roanoke Valley in preserving open space, protecting viewsheds along the Blue Ridge Parkway, and developing a regional 348 ACTION: greenway system; in response to the interest and in cooperation with other Valley govemments, in 1994 the City took a leadership role in requesting the Fifth Planning District Commission to coordinate the preparation of a Valley-Wide Open Space Plan to include identification of possible greenways; $31,000.00 was approved as part of the 1994 General Fund Capital Maintenance and Equipment Replacement Program to determine the feasibility of using utility easements for open space/recreational purposes; and in February 1995, at the request of the Fifth Planning District Commission, Council appointed three individuals to serve as Roanoke City's representatives on the Roanoke Valley Greenways/Open Space Steering Committee. It was further advised that Greenways, Inc., of Raleigh, North Carolina, was unanimously selected by the Steering Committee to prepare a regional, citizen-based planning process to culminate in a greenways plan for the Roanoke Valley; and the City has received a request for financial assistance from the Fifth Planning District Commission to finalize conceptual plans for greenways, with other participating localities in the Roanoke Valley having also received requests for financial assistance for the regional greenways planning effort. The City Manager recommended that Council authorize appropriation of $14,400.00 from General Fund Capital Maintenance and Equipment Replacement Program to Contributions - Fifth Planning District Commission, Account No. 001-002-7220-3711, to fund the City's share of costs for consultant services for development of a regional greenways plan. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#32609-081495) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 444.) Mr. Parmtt moved the adoption of Ordinance No. 32609-081495. The motion was seconded by Ms. Wyatt and adopted by the following vote: 349 AYES: Council Members White, INyatt, Bowies, McCadden, Parrott and Vice-Mayor Edwards ....... -6. NAYS: None (Mayor Bowers was absent.) BUDGET-SEINERS AND STORM DRAINS-PUBLIC WORKS- STREETS AND ALLEYS: The City Manager submitted a wdtten report advising that on June 29, 1995, after a previous night's heavy rainfall, the pavement around a 48-inch storm drain manhole located in the two center lanes of Towne Square Boulevard was found to have caved in approximately two feet deep and eight feet in diameter, at which time the area was ban'icaded; on July 7, 1995, following another heavy rainfall, the area asttied another two to six feet; and due to the depth of the excavation, City forces were unable to accomplish the repairs. It was further advised that on July 13, 1995, Council was info,,,,~l that the Acting City Manager authorized emergency repairs at an estimated cost of $30,000.00, pursuant to Section 41 of the City Charter;, and following meetings with two contractors, E. C. Pace & Co., was retained to begin work on Monday, July 17, 1995, and Geotechnics, I Inc. (Geol.ogists) and. Day-Williams Consulting Engineers (structural) were retained to ad~nse City officials as to the course of action to be followed once the area was excavated. The City Manager recommended that Council ratify the Emergency Procurement and authorize the Director of Finance to transfer $59,238.45 from Capital Improvement Reserve Storm Drain, Account No. 008-052-9575-9176, to an account to be entitled, "Storm Drain Cave-In Towne Square Boulevard, N. W." (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency budget ordinance: (~32610-081495) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 445.) 350 ACTION: ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32610-081495. The motion was seconded by Ms. INyatt and adopted by the following vote: AYES: Council Members White, INyatt, Bowies, McCadden, Parrott and Vice-Mayor Edwards ............... -6. NAYS: None (Mayor Bowers was absent.) Mrs. Bowles offered the following resolution: (#32611-081495) A RESOLUTION ratifying the emergency procurement of certain storm drain repairs. (For full text of Resolution, see Resolution Book No. 57, page 446.) Mrs. Bowles moved the adoption of Resolution No. 32611-081495. The motion was seconded by Ms. INyatt and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, McCadden, [' Pa,, ,,it and Vice-Mayor Edwards ............... -6. NAYS: None. (Mayor Bowers was absent.) BUDGET-ROANOKE CIVIC CENTER-EQUIPMENT: The City Manager submitted a written report advising that the General Fund Capital Maintenance and Equipment Replacement Program has identified the need to replace the removable dasher board system at the Roanoke Civic Center, which ars the removable partitions that surround the ice dnk in the Coliseum and separate ice rink activities such as hock. ey .from .spectators; .therefore, foil.owing development of specifications, b,ds were recewed and opened ,n the Office of Manager of Supply Management and Strut Specialties, Inc., submitted the lowest bid meeting all required specifications, at for a total cost of $89,800.00. The City Manager recommended that Council concur in the following actions: 351 Accept the lowest responsible bid submitted by Strut Specialties, Inc., at a total cost of $89,800.00. Appropriate $89,800.00 from the Civic Center Prior Year Retained Earnings Account, to Civic Center, Account No. 005-056-2108-9016. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: (f/32612-081495) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 447.) ACTION: Mr. McCadden moved the adoption of Ordinance No. 32612- 081495. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, INyatt, Bowies, McCadden, · Parrott and Vice-Mayor Edwards'"" .............. -6. NAYS: None (Mayor Bowers was absent.) Mr. McCadden offered the following resolution: (f/32613-081495) A RESOLUTION providing for the purchase of a removable dasher board system for the Roanoke Civic Center from Strut Specialities, Inc., upon certain tahi~ and conditions. (For full text of Resolution, see Resolution Book No. 57, page 448.) ACTION: Mr. McCadden moved the adoption of Resolution No. 32613. 081496. The motion was seconded by Mr. Parrott and adopted by the following vote: 352 AYES: Council Members INhita, Wyatt, Bowles, McCadden, Parrott and Vice-Mayor Edwards ---~ ........... -6. ~ NAYS: None ....... -0. (Mayor Bowers was abeenL) BUDGET:HUMAN DEVELOPMENT.-GRANTS-YOUTH: The City Manager subm,tted a written report adv,sing that the Office on Youth Grant was first officially awarded to the City under the Virginia Delinquency Prevention and Youth Act on June 17, 1980; a fiscal year 1995-96 youth grant application was submitted to the Department of Youth and Family Services in May 1995, which grant will provide for continuation of coordinated planning and program implementation of the Office on Youth; and the fiscal year 1995-96 amended grant budget totals $60,162.00 ($29,083.00 State funds and $31,079.00 Local Cash Match). It was fur?er advised that funding from the State has continually decreased caus, ng the City to increase matchino fund~- in 1994-95, State appropriation for the Roanoke Cit~Of~;c-~'o'~l' ~t~ $36,577.00 compared to the current year's appropriation of $29,083.00, ~pr a red.u .c~i.'on o~. 77,4.~.0.0; a.nd Council's ,cce. ptance of tho grant and propnason o~ me ,oc~ cash match ars reqmred before City officials can execute the required documents to receive State funds. The City Manager recommended that Council concur in the following actions: Accept the Department of Youth Services grant and authorize the City Manager to execute all required documents on behalf of the City. Appropriate $60,162.00 to revenue and expenditure a.ccounta to be established in the Grant fund by the D,rsctor of Finance for the program, with $29,083.00 to be funded by the Department of Youth and Family Services. Transfer $22,000.00 from Account No. 001-004-9310.9535, Transfer to Grant Fund, and $9,079.00 from Account No. 001-054-1270-1004, Human Development's Temporary 353 Employes Wages, to the Grant Fund as the City's cash match to operate the program for fiscal year 1995-96 to the Grant Fund. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (ft32614-081495) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 449.) ACTION: Ms. Wyatt moved the adoption of Ordinance No. 32614-081495. The motion wes seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, McCadden, P;u~-~,lt and Vice.Mayor Edwards ............. -6. NAYS: No~c I (Mayor Bowers was absent.) Ms. Wyatt offered the following resolution: (#32615-081495) A RESOLUTION authorizing acceptance of a Virginia Delinquency Prevention and Youth Development Act Grant from the Virginia Department of Youth & 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. 57, page 450.) ACTION: Ms. Wyatt moved the adoption of Resolution No. 32615-081495. The motion was seconded by Mra. Bowles and adopted by the following vote: 354 ACTION: AYES: Council Members White, Wyatt, Bowies, McCadden, Parrott and Vice-Mayor Edwards ............. --6. NAYS: Noc= ....... -0. (Mayor Bowers was abssnL) DOWNTOWN ROANOKE, INCORPORATED-SOCIAL SECURITY ADMINISTRATION-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that in February 1995, the Social Security Administration (SSA) edver~ssd a Request for Proposal in The ~ for new office space, and the downtown area was not included as an acceptable area for the SSA; the primary area considered was in the vicinity of the Roanoke Regional Airport; and loss of the SSA will represent a loss of approximately 75 jobs in the downtown area. The City Manager recommended that Council adopt a resolution conveying Council's interest and desire to have Senators John W. Wamer, Charles S. Robb and Congressman Robert W. Goodlatte continue to request full consideration by the Social Security Administration of maintaining their business location in downtown Roanoke. Ii (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#32616-081495) A RESOLUTION urging that the United States Social Security Administration maintain its offices in downtown Roanoke. (For full text of Resolution, see Resolution Book No. 57, page 451.) Mr. White moved the adoption of Resolution No. 32616-081495. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Parrott and Vice-Mayor Edwards.. Council Members White, Wyatt, Bowles, McCadden, NAYS: None (Mayor Bowers was absent.) 355 BUDGET-TRAFFIC-BONDS/BOND ISSUES-SIDEWALKJCURB AND GUTTER-STATE HIGHWAYS-CAPITAL IMPROVEMENTS PROGRAM- GRANTS-CONSULTANTS REPORTS-STREETS AND ALLEYS: The City Manager submitted a written report advising that on April 13, 1987, Council requested the Virginia Depa,~,,mnt of Transportation (VDOT) to program projects for roadway widening and realignment to include Wells Avenue, N. W., from Williamson Road to First Street, N. W., and First Street/Gainsboro Road from Madison Avenue, N. W., to Salem Avenue, S. W., and the intersection of Orange Avenue and Gainsboro Road; and on December 21, 1987, Council awarded an engineering services reimbursement, with a cost ceiling contract, to Mattem & Craig, Inc., Consulting Engineers, in an amount not to exceed $1,002,342.24 and appropriated $50,117.00 for payment of invoices from VDOT for the City's five per cent share of the contract. It was explained that Downtown North Development Plan results were released on May 11, 1989, and included a recommendation to constn~ct a four-lane Second Street Bridge instead of a four-lane First Street Bridge; on October 1, 1990, Council approved the location and major design features of the widening and realignment of Second Street/Gainsbero Road from Salem Avenue to Orange Avenue; and on August 9, 1993, Council approved the location and major design I features of the realignment of Wells Avenue, N. W., from Williamson Road, to Second Street, N. W.; It was noted that total costs invoiced by Mattem & Craig, Inc., for the project through June 26, 1995, include $1,786,696.85 for Second Street/Gainsboro Road and $603,586.64 for Wells Avenue, with the City's share of costs totalling $195,000.70, and a supplemental agreement to the contract with Mattem & Craig, Inc., is needed to address additional engineering services as more fully set forth in Attachment C to the report_ The City Manager recommended that Council concur in the following actions: Authorize execution of Amendment No. 10 to the City's engineering services contract with Mattern & Craig, Inc., Consul~ng Engineers, for additional engineering services for "Widening and Realignment ,, of S.ec. ond Street/Gainsboro Road and Wells Avenue , to prov, de for an increase of $123,204.13, subject to VDOT approval, for a total amount not to exceed $2,607,666.73. 356 ACTION: Appropriate $129,304.33 to Account No. 008-052-9047- 9007, of which $6,160.21 is to be transferred from the i: Streets and Sidewalks category of 1996 Bond Issue and $123,204.13 to be reimbursed by the Virginia Department of Transportation. Adopt the appropriate resolution indicating the City's intent to reimburse ;:¢,nt funding with bond proceeds upon sale of the 1996 bonds. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency budget ordinance: (~32591-081495) AN ORDINANCE to amend and raordaln certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 424.) Mrs. Bowies moved the adoption of Ordinance No. 32591-081495. The motion was seconded by Mr. White. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., expressed concern about the proposed temporaw entrance on F;;'~;, Street opposite Centre Avenue which is primarily a residential area, and inquired if large trucks will be prohibited from using Fifth Street. She also raised question as to whether Gilmer Avenue, N. E., between Jefferson Street and Commonwealth Avenue, is to receive consideretion, and if the south side of Gilmer Avenue, N. W., will be impacted in any way. She noted that the City Manager's report states that there will be up to five meetings to be held with citizens, with one meeting scheduled for Tuesday, August 15, 1995, and inquired if additional meetings have been scheduled. The Director of Public Works advised that during the course of constructing the new bridge over Second Street, it will be virtually impossible for the contractor to maintain ingress and egress for large trucks out of what is currantly the entrance to the Coca-Cola Bottling Company; therefore, as a temporary measure and at project expense, the contractor will constr,.'~ a tempormy entrance out of the Coca Cola property onto Fifth Street, trucks will be prohibited from using Fifth Street or Gilmer Avenue, and will be required to tum left onto Shenandoah Avenue, thus large trucks will not travel through the I I 357 residential community. In regard to construction on the south side of Gilmer Avenue, he explained that as a part of the construction project, a storm drain from this area was proposed to go down the south side of Gilmer Avenue to Lick Run which would ultimately result in the replacement of sidewalks on the south side of Gilmer Avenue, and the change order provides for the replacement of brick sidewalks on the north side of Gilmer Avenue as well. He advised that portion of the report in regard to public meetings should not he interpreted to suggest that there is another record of public meetings beyond the one which is scheduled for Tuesday, August 15, 1995, but is intended to provide a way for the contractor to be paid for the various public meetings that he has already attended or may attend before the project is completed. Ordinance No. 32591-081495 was adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, McCadden, Panott and Vice-Mayor Edwards ................. -6. NAYS: None. (Mayor Bowers was absent.) I Mrs. Bowies offered the following resolution: (ft32592-081495) A RESOLUTION authorizing an Amendment to the City's engineering services contract with Mattem & Craig, Inc., Consulting Engineers, to provide for additional engineering services relating to the widening and realignment of Second StreetJGainsboro Road and Wells Avenue Projects. (For full text of Resolution, see Resolution Book No. 57, page 425.) ACTION: Mrs. Bowies moved the adoption of Resolution No. 32592-081495. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, McCadden, Parrott and Vice-Mayor Edwards ............ -6. NAYS: None (Mayor Bowers was absenL) 358 ACTION: Mrs. Bowles offered the following resolution: (#32593-081495) 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 required to be made for additional engineering services for the Widening and Realignment of Second Street/Gainsboro Road and Wells Avenue Projects, in the City of Roanoke; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 57, page 426.) Mrs. Bowles moved the adoption of Resolution No. 32593-081495. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, McCadden, Parrott and V~ce-Mayor Edwards ................ -6. NAYS: None (Mayor Bowers was absenL) I REPORTS OF COMMITTEES: BUDGET-BONDS/BOND ISSUES-BRIDGES-CAPITAL IMPROVEMENTS PROGRAM-STREETS AND ALLEYS: 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 Ninth Street Bridge Rehabilitation over Roanoke River, 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 $105,060.00, with a project contingency of $10,500.00. Appropriate $115,550.00 from anticipated 1996 bond proceeds to a new account to be established by the Director of Finance in the Capital Project Fund entitled, "Ninth Street Bridge Rehabilitation". 359 Adopt a resolution indicating the City's intent to reimburse itself in th.e amount of $115,550.00 from anticipated 1996 annual obi,gabon bond proceeds to be issued pursuant to Ordinance No. 32131-080894, adopted on August 8, 1994. 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: (f~32594-081495) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 428.) ACTION: Mr. White moved the adoption of Ordinance No. 32594-081495. The motion was seconded by Mr. McCadden and adopted by the I following vote: AYES: Council Members White, Wyatt, Bowles, McCadden, Parrott and Vice-Mayor Edward~ .......... -6. NAYS: None (Mayor Bowers was absent.) Mr. White offered the following emergency ordinance: (ft32595-081495) AN ORDINANCE accepting the bid of Robertson Construction Co., Inc., for Ninth Street Bridge rehabilitation over Roanoke River, 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 Resolution, see Resolution Book No. 57, page 429.) 360 ACTION: ACTION: Mr. White moved the adoption of Resolution No. 32595-081495. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, McCadden, Parrott and Vice-Mayor Edwards.. - ............... -6. NAYS: Non= (Mayor Bowers was absent.) Mr. White offered the following resolution: (#32596-081495) 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 the Ninth Street Bridge Rehabilitation over Roanoke River Project, in the City of Roanoke; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 57, page 430.) Mr. White moved the adoption of Resolution No. 32596-081495. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: ~ouncil Members White, Wyatt, Bowles, McCadden, Parrott and Vice Mayor Edwards.. - ................. -6. NAYS: None (Mayor Bowers was absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CITY PROPER~T~'e;SPE.C. IAL PERMITS-WATER. RESOURCES- STREETS AND ALLEYS. Ord,nance No. 32589 grant, rig a revocable permit for the maintenance of a wooden fence encroach!rig up to 2.8 feet over and !nto the right-of-way of an alley located adjacent to the side of the rss,dence located at 2231 Windsor Avenue, S. W., Official ir 361 Tax No. 1440112, upon certain terms and conditions, having previously I been before the Council for its fl.rst readin.g on Monday, July 24, 1995, read and adopted on its first reading and laud over, was again before the body, Mrs. Bowies offering the following for its second reading and final adoption: (f/32589-081495) AN ORDINANCE granting a revocable permit for the maintenance of a wooden fence encroaching up to 2.8 feet over and into the right-of-way of an alley located adjacent to the side of the residence at 2231 Windsor Avenue, S. W., Official Tax No. 1440112, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 57, page 420.) ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32589-081495. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, McCadden, Parrott and Vice-Mayor Edwards ..................... -6. NAYS: None. (Mayor Bowers was absent.) PURCHASE/SALE OF PROPERTY-CITY NURSING HOME-HUMAN DEVELOPMENT-CITY PROPERTY-CITY EMPLOYEES: Ordinance No. 32590 authorizing an agreement between the City and Smith/Packett Med-Com, Inc., by which the City agrees to sell certain tangible and intangible assets of the Roanoke City Nursing Home located at 4365 Coyner Springs Road in Botetourt County in consideration of $420,000.00; authorizing the City Manager to execute an Agreement relating to the terms and conditions of such sale, a bill of sale and such other documents on behalf of the City as may be necessary to close the ;,-ansacflon; authorizing the City Manager to agree to one or more sites for construction of a new nursing home facility; authorizing the City Attorney to issue a certificate and opinion in connection with the closing of the transaction; authorizing officials of the City to consult and assist the buyer in connection with the closure of the existing Nursing Home and issuance of a certificate of public need for and construction of a new facility; and authorizing continuity bonus and separation pay programs for certain employees of the Nursing Home on 362 ACTION: July 31, 1995, having previously been before the Council for its first reading on Monday, July .31, 1995, read and adopted on its first reading and laid over, was again before the body, Mr. Parrott offedng the I following for its second reading and final adoption: (#32590-081495) AN ORDINANCE authorizing a certain Agreement to be entered into between the City and Smith/Packett Med- Com, Inc., by which the City agrees to sell certain tangible and intangible assets of the Roanoke City Nursing Home; authorizing the City Manager to execute an Agreement relating to the te,,,,s and conditions of such sale, a bill of sale and such other documents on behalf of the City as may be necessary to close this transaction; authorizing the City Manager to agree to one or more sites for construction of a new nursing home facility; authorizing the City Attorney to issue a certificate and opinion in connection with the closing of this trenssction; authorizing officials of the City to consult and assist the buyer in connection with the closure of the existing Nursing Home and issuance of a certificate of public need for and construction of a new facility; and authorizing continuity bonus and separation pay programs for certain employees of the Nursing Home on July 31, 1995. (For full text of Ordinance, see Ordinance Book No. 57, page 422.) Mr. Parrott moved the adoption of Ordinance No. 32590-081495. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, McCadden, Parrott and Vice-Mayor Edwards ................. -6. NAYS: None (Mayor Bowers was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: FLOOD REDUCTION/CONTROL: Council Member Wyatt commended City staff for their assistance to Garden City residents as a result of heavy rainfall/flooding which occurred on June 28, 1995. 363 UNITED STAT. ES POST OFFICE: Council Member Parrott I expressed concern ~ regard to out of town contractors, advising that the U. S. Post Office ,s in the process of taking bids on approximately a $2.5 million addition to the main post office structure, and no Roanoke contractor will be allowed to bid because the work is classified as a design/build project, and Roanoke contractors were not pm-qualified. He stated that all citizens of the Roanoke Valley should be aware of the situation, and Congressman Robert W. Goodlatte has been encouraged to investigate the matter. OTHER HEARINGS OF CITIZENS: None. There being no further business, the Vice-Mayor declared the meeting adjourned at 5:30 p.m. APPROVED ATTEST: I Mary F. Parker J John S. Edwards City Clerk Vice-Mayor 364 REGULAR WEEKLY SESSIONr-~ROANOKE CITY COUNCIL August 28, 1995 3:00 p.m. The Council of the CRy 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 28, 1995, at 3:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, R ular Msstin of Section 2-15, Rules of Procedu Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Linda F. Wyatt, Elizabeth T. Bowles, John S. Edwards, Dalvia O. McCadden, John H. Parrott, William White, Sr., 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 Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend Philip E. Motley, Pastor, Grandin Court 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: Lsszek Pogan, Opole City Mayor; Andrzej Namyslo, Chairman of the City Council; Grazyna Frister, Clerk to Council; and Azianiew Bartkiewlcz, Interpreter. He presented each guest with an Honorary Citizenship Certificate and a "crystal star" which is symbolic of the star on Mill Mountain. PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Cierk having advertised a public hearing for Monday, August 28, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of CSW Associates, William H. Lsster, Brownie Lsster and Douglas S. Spadaro that a certain 2.723 acrs parcel of land located on the northerly side of 365 Lee Highway, Route 419 west of its intersection with Aerial Way Drive, I S.W., Official Tax No. 5200107, and a po..rtion of Official Tax No. 5200119, be ..re.zoned from C-1, Office D~.s.t..rict, to C-2, General Commercial D,strict, subject to certain cond,t~ons proffered by the petitioner; the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 11, 1995, and Friday, August 18, 1995. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the above described request for rezoning was recommended for denial by the Planning Commission on July 5, 1995; however, Edward A~ Natt, Attorney, representing the petitioners has requested that Council schedule a public hearing to be held on Monday, August 28 for the express purpose of remanding the request for rezoning beck to the City Planning Commission for further consideration, was before Council. The City Planning Commission recommended approval of the request as above stated. (For full text, see report on file in the City Clerk's Office.) Edward A. Natt, 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 matter; whereupon, no citizen expressed a desire to be heard. ACTION: Mr. White moved that the matter be referred back to the City Planning Commission for further consideration. The motion was seconded by Ms. Wyatt and unanimously adopted. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He I called specific attention to two requests for Executive Session to 366 ACTION: ACTION: discuss a matter with regard to use and disposition of publicly held property, specifically property held. by the City of Roanoke Redevelopment and Housing Authority; and to discuss personnel matters with regard to vacancies on vadous authorities, boards, commissions and committees appointed by Council. MINUTES: Minutes of the regular meetings of City Council held on Monday, June 12, 1999, and Monday, June 26, 1995, 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 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, 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. 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 .a.ppointed by Council, pursuant to Section 2.1-3~.~. CodeofVi ,nm 1950 ss · (A)(1), rg ( ), amended. 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. 367 PURCHASE/SALE OF PROPERTY-CITY PROPERTY-HOUSING/ i AUTH .O. RITY-COUNCIL: A repo.rt of the. City Manager requesting that Counc,I meet in Executive Sees,on to d,ecuss a matter with regard to use and disposition of publicly held property, specifically property held by the City of Roanoke Redevelopment and Housing Authority, pursuant to Sec'don 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that Council concur in ttm request of the City Manager to convene in Executive Session to discuss a matter with regard to use and disposition of publicly held property, specifically property held by the City of Roanoke Redevelopment and Housing Authority, 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 Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers .................... 7. NAYS: None ....... -0. I COMMITTEES-TRAFFIC: A communication from Acre Hayes tendering his resignation as a member of the City of Roanoke Transportation Safety Commission, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that the communication be received and filed and that the resignation be accepted with regret. 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 368 ACTION: ACTION: 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, 1995, wes before Council. (For full text, see communication and Annual Report on file in the City Clerk's Office.) Mrs. Bowies moved that the communication and Annual Report be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, INhite and Mayor Bowers .......................... 7. NAYS: Nono ANNUAL REPORTS-MUNICIPAL AUDITOR: The Annual Report of the Municipal Auditor for the year ended June 30, 1995, 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: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ................................ 7. NAYS: None ENTERPRISE ZONE-ECONOMIC DEVELOPMENT: A report of the City Manager recommending that Council schedule a public hearing to be held on Monday, September 11, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, in connection with a proposed urban enterprise zone within the City of Roanoke, was before the body. It w?.explained, that due to 1998 legislative amendments made i to the Virginia En. tsrpnas Zone Act, R .o~n. ok.e has the o ..17. rtunity.to .a. dd another Ent.erpnse Zone by participating !n a competitive apphcat,on process, whmch applications must be recewed by October 18, 1995 by the Virginia Department of Housing and Community Development. ~, it was noted that the public hearing would provide maximum citizen input. (For full text, see report on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrctt, White and Mayor Bowers ......................... 7. NAYS: None OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT- LIBRARIES-ROANOKE ARTS COMMISSION: The following reports of qualification were before Council: W. Robert Herbert as. a member of th..e Economic -' Development Commismon for a term end,ng June 30, 1998; B. Gayle Graves as a member of the Roanoke Public Library Board for a term ending June 30, 1998; and Shedie S. Doherty as a member of the Roanoke Arts Commission for a term ending June 30, 1998. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that the reports of qualification be received and filed. 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: Nono 369 370 ACTION: HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: BUDGET-GRANTS-SCHOOLS: A communication from the Roanoke City School Board requesting appropdafion of $63,205.00 for the 1995-96 Bsenhower TItle II Program, which will provide activities to improve the skills and knowledge of mathematics, science and technology teachers while facilitating greater communication and collaboration between disciplines and across grade levels, 100 per cent to be reimbursed by Federal funds, was before Council. A report of the Director of Finance recommending that Council concur in the request, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (#32623-082895) AN ORDINANCE to amend and reordain certain sections of the 1995-96 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. $7, page 460.) Ms. Wyatt moved the adoption of Ordinance No. 32623-082895. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrot',, White and Mayor Bowers ................................. 7. NAYS: None REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. 371 ACTION: ITEMS RECOMMENDED FOR ACTION: VIRGINIA TECH-HOTEL ROANOKE CONFERENCE CENTER- CONVENTION AND VISITORS BUREAU-TOURISM: The City Manager submitted a written report advising that Council adopted an annual operating budget which included $500,000.00 for the Roanoke Valley Convention and VIsitors Bureau for fiscal year 1995-96; Council has requested assistance ;,-~,m the VIsitors Bureau in marketing and selling Roanoke and desires the assurance that funds will be used for said purposes; the City Administration has negotiated an agreement with the Convention and VIsitors Bureau to assure that City funds will be used for said purposes; and the Roanoke Valley Convention and VIsitors Bureau has submitted a budget for approval by the City Manager setting forth anticipated expenditures of City funds. The City Manager recommended that Council authorize payment of $500,000.00 to the Roanoke Valley Convention and VIsitors Bureau; and that the City Manager be authorized to execute an agreement with the Roanoke Valley Convention and Visitors Bureau for the express purpose of increasing tourism in Roanoke and assisting in the marketing of the new Hotel Roanoke Conference Center for a term of one year. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: (ft32624.082895) A RESOLUTION authorizing an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley and sssis~dng in marketing the Conference Center of Roanoke. (For full text of Resolution, see Resolution Book No. 57, page 461.) Mr. McCadden moved the adoption of Resolution No. 32624. 082895. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members INyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers ......... 7, NAYS: None 372 ACTION: BUDGET-DRUGS/SUBSTANCE ABUSE-GRANTS-YOUTH-J & D RELATIONS COURT: The City Manager submitted a written report advising that the City has submitted an application to the State Depa~i,,~nt of Criminal Justice Sewices for funding from the Anti-Drug Abuse Act of 1988 for a Juvenile Drug Dealers' Intervention Program, which is designed to meet the needs of a special population of individuals convicted of trafficking drugs; the 23-A Judicial District Court Service Unit has been funding the Program through a grant from the State Depa,;,,-,~nt of Youth and Family Services, which funding was discontinued by the Department of Criminal Justice Services on June 30, 1994; and the Department of Criminal Justice Services has notified the City of Grant Award No. 96-B8530AD98, in the amount of $38,625.00, in Federal funds for the program year July 1, 1995 through June 30, 1996, which grant requires a local cash match of $16,387.00, for a total program of $55,012.00. The City Manager recommended that Council appropriate the 23- A Court Service Unit grant funding for the Juvenile Drug Dealers' Intervention Program 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 of $16,387.00 from the 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. Edwards offered the following emergency budget ordinance: (#32625-082895) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 462.) Mr. Edwards moved the adoption of Ordinance No. 32625-082896. 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.. :! 373 BUDGET-GRANTS4:DETC: The City Manager submitted a written I report .advising that the Fifth District Employment and Training Conso~um administsra the Federally-funded Job Training Partnership Act (JTPA) for the Fifth Planning District, and the Consortium serves eligible economically disadvantaged residents and dislocated workers in the Counties of Allegheny, Botetourt, Craig and Roanoke, as well as the Cities of Clifton Forge, Covington, Roanoke and Salem; and the City of Roanoke is the grant recipient for Consortium funding end Council must appropriate fonds for all grants and other monies received by the Consortium. It was further advised that the Governor's Employment and Training Depa,~,,.mt (GETD) has sent to the Fifth District Employment and Training Consortium Notices of Award and adjustments for programs which include on-the-job training, work experience, job related education, classroom training, job placement activities, and remedial education in the following amounts: Notice of Award No. 964)3-02, Title II-A (Adults Ages 22 and over) $417,620.00 Notice of Award No. 96-03-05, I Title II-B Summer Youth- to complete work experience and remedial education begun in June 1995 (a prior Notice of Award No. 95-034)5, in the amount of $352,4t0.00, was received and approved by Council in June 1995) 97,917.00 Notice of Award No. 96-03-03, Title II-C (Youth Ages 16 - 21) $ 53,697.00 Notice of Award No. 96-03-01, Title III-F Dislocated Workers $367,646.00 It was explained that the Virginia Employment Commission has notified the Fifth District Employment and Training Consortium of the approval of a request for $200,000.00 to operate a Govemor's Regional Project for program year 1995, which funds will be used to serve displaced workers. 374 ACTION: The City Manager recommended that Council appropriate Fifth District Employment and Training Consortium funding totalling $1,136,880.00 and increase the revenue estimate by $1,136,880.00 in accounts to be established by the Director of Finance in the Consortium Fund. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: (#32626-082895) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 464.) Mr. McCadden moved the adoption of Ordinance No. 32626- 082895. The motion was seconded by Mr. Edwards and adopted by the following vote: AYE.S.: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, Wh,ts and Mayor Bowers ............................... 7. i NAYS: None BUDGET-BONDS/BOND ISSUES-CAPITAL IMPROVEMENTS PROGRAM-GRANTS-RAILSIDE LINEAR WALK-CONSULTANTS REPORTS: The City Manager submitted a written report advising that the conceptual design for the Railside Linear Walk Project was prepared by Hayes, Seay, Mattem & Mattem, Inc., legal advertisement was placed in The Roanoke Times and The Roanoke Tribune on or about March 6, t995, soliciting proposals from qualified architectural and engineering consultants for services required to review approved conceptual design and make minor refinements if needed, to prepare contract documents and to provide construction administration services for Phase I portion of the Project; and the City has been formally advised by the Virginia Department of Transportation (VDOT) that a $300,000.00 grant will be received through a Federally sponsored ISTEA program. 375 It was explained that four consulting firrns/'design teams" I responded to the City's Request for Proposals; and following interviews of the four firms, Hayes, Seay, Mattem & Mattsm, Inc., was selected to provide the necessary services, which include the following: review and refinement of conceptual plan, preparation of schematic drawings and presentation of the drawings to Council, City Administration and interested citizens, preparation of contract (construction) documents for Phase I portion of the project, provide assistance during the bid phase, and furnish administration services during the construction phase. It was further explained that by negotiation, a lump sum fee of $129,291.00 was agreed upon to provide the abovedescribed services to include and preparation of topographic survey, geotechnic I investigation with five test borings, and expenses for transportation, reproduction, use of computers, etc. The City Manager recommended that Council concur in the following actions: Authorize the City Manager to enter into a contractual agreement with Hayes, Seay, Mattem & Mattern, Inc., for a lump sum amount of $129,291.00 and approximately 21 months to complete the design work, preparation of documents and construction. Appropriate $129,291.00 from anticipated proceeds from sale of 1996 bonds to a new Capital Projects Fund account entitled, "Phase I, Railside Linear Walk." 376 ACTION: ACTION: Adopt the appropriate resolution indicating the City's intent to reimburse front funding with bond proceeds upon sale of 1996 bonds. (For full text, see report on fils in the City Clerk's Office.) Mrs. Bowies offered the following emergency budget ordinance: (ft32617-082895) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 453.) Mrs. Bowies moved the adoption of Ordinance No. 32617-082895. The mot]on 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). Mrs. Bowles offered the following resolution: i (~t32618-082895) A RESOLUTION authorizing the execution of an agreement with Hayes, Seay, Mattem & Mattem, Inc. to provide certain architectural and engineering services, specifically various professional services in support of the Railside Linear Walk, Phase I. (For full text of Resolution, see Resolution Book No. 57, page 454.) Mrs. Bowies moved the adoption of Resolution No. 32618-082895. The mot]on was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Pa,~,-,tt, White and Mayor Bowers ................................... 7. NAYS: None 377 Mrs. Bowies offered the following resolution: (#32619-082895) 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 architectural/enginesring services for Phase I of the Railsids I. insar Walk Project, in the City of Roanoke; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 57, page 455.) ACTION: Mrs. Bowles moved the adoption of Resolution No. 32619-082895. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCedden, Parrott, White and Mayor Bowers ................................... 7. NAYS: None .... -0. BUDGET-BONDS/BOND ISSUES-BRIDGES-CAPITAL IMPROVEMENTS PROGRAM-NORFOLK SOUTHERN CORPORA?ION: The City Manager submitted a written report with regard to rapa;rs to the Jefferson Street Bridge over Norfolk Southem Railway, which Project was awarded to English Construction Co., Inc., in the amount of $505,725.00; the Project consists of bridge cleaning, patching exposed rebars and spalls, pressure injecting concrete in cracks and joints, repairing expansion joints, installing a tie-back system for retaining wall and bridge lighting; bridge cleaning has revealed extensive cracks and spalls beyond bid quantities; and a contingency of $50,000.00 was established for the project, but due to the early stages of construction, the contingency should be retained for future uncertainties. It was further advised that all needed repairs should be completed in order to extend the useful life of the bridge structure; actual quantities of unsound concrete will become more evident once the contractor begins sandblasting, high-pressure washing, jackhammering, etc.; latest estimates are based on measurements mede by the contractor and verified by the Engineering inspector and 378 ACTION: Mattem & Craig, Inc., the design consultant, which ars the best estimates available at this stage of construction and could be mors or lees; and authority by Council to execute Change Order No. I to the contract with English Construction Co., Inc., is necessary. ' ' The City Manager recommended that Council concur in the following actions: Authorize the City Manager to execute Change Order No. 1 to the City's contract with English Construction Co., Inc., in the amount of $100,750.00. Appropriate $88,750.00 from anticipated 1996 bond proceeds to the Capital Projects Fund, Contract 2, Jefferson Street Bridge. $12,000.00 rsmains from Contract 1, Jefferson Street Bridge Contingency, for funding of the Change Order, for a total of $100,750.00 Adopt a resolution indicating the City's intent to reimburse itself in the amount of $88,750.00 from anticipated 1996 general obligation bond proceeds to be issued pursuant to Ordinance No. 32131-080894, adopted on August 8, 1994. (For full text, see report on file in the City Clerk's Office.) i Mr. Parrott offersd the following emergency budget ordinance: (#32620-082895) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 456.) Mr. Pan-off moved the adoption of Ordinance No. 32620-082895. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowem ............................ -7. NAYS: None 379 Mr. Parrott offered the following emergency ordinance: (ff32621-082895) AN ORDINANCE approving the City Manager's issuance of Change Order No. I to the City's contract with English Construction Co., Inc., in connection with Repairs to Jefferson Street Bridge over Norfolk Southern Railway; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 457.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 32621-082895. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers ................ 7. NAYS: None Mr. Parrott offered the following resolution: (#32622-082895) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursu.a? to Ordinance No. 32131-080894, adopted August 8, 1994, for certain expenditures in connection with the Repairs to Jefferson Street Bridge Over Norfolk Southern Railway, in the City of Roanoke; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 57, page 458.) ACTION: Mr. Parrott moved the adoption of Resolution No. 32622-082895. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Sowers ................ 7. NAYS: None I APPALACHIAN POWER COMPANY-STREET LIGHTS: The City Manager submitted a written report advising that the street lighting agreement between Appalachian Power Company (APCO) and the City of Roanoke is a ten-year agreement by which APCO agrees to provide 380 ACTION: and maintain a street lighting system for the City, and the City agrees to pay.t~, rates provided for in the agreement, which rates are subject i to rev,sion no more than every two years; electrics) costs for street lighUng are budgeted annually by the City, with the present costs based on rates approved by Council on March 7, 1994, pursuant to Resolution No. 31881,030794; and the budget amount for fiscal year 1995-96 is $8~6,000.00. It wes further advised that the previous street lighting agreement expired on December 31, 1992, and negotiations between Appalachian Power Company and the City have been ongoing since May 1992; whereupon, the City Manager transmitted an agreement, which is in a form approved by the City Attorney, for a term of ten years, retroactive to a January 1, 1993 start date; and street lights provided and maintained by APCO include 9,041 street lights currently in operation, es well es any additional lights that the City authorizes for installation by APCO. The City Manager recommended that Council approve the street lighting agreement with Appalachian Power Company and that he be authorized to execute the agreement on behalf of the City, in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency ordinance: (#32627-082895) AN ORDINANCE authorizing an agreement between the City of Roanoke and Appalachian Power Company to provide and maintain a street lighting system for the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 471.) Mrs. Bowies moved the adoption of Ordinance No. 32627-082895. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Pa,,~,~ White and Mayor Bowers ................................. 7. NAYS: Noc. c ....... -0. 381 BUDGET-CITY INFORMATION SYSTEMS-LIBRARIES- EQUIPMENT: The City Manager submittmJ a written report advising that in January 1990, by cooperative agreement, the Roanoke Area Library System was established which is comprised of the Counties of Botatourt and Roanoke and the Cities of Roanoke and Salem; the City Information Systems Department (CIS) provides data processing services and support for the Roanoke area libraries; however, current equipment has limitations due to age, processing capabilities and increased maintenance costs; and an updated and improved system will allow for new functions to be implemented in order to meet the Roanoke area libraries support and service level requirements, with each jurisdiction to pay its pro-rata share. It was further advised that bids have been appropriately requested and received in accordance with the procurement section of the City Code and authorization by Council is necessary for appropriation of funds for acquisition of the requested computer system. The City Manager recommended that Council appropriate $68,083.00 to City Information Systems, Account No. 013-052-1602- 9015, with $23,746.00 funded by City Info¢,~ation Systems retained eamings and .$,14,337.00 from other govemmenta; and establish accounts rece,vable representing pro rata shares of participating localities, as follows: Roanoke County City of Salem Botetourt County $28,057.00 6,353.00 9.927.00 Total $44,337.00 (For full text, see report on file in the City Cled('s Office.) Ms. Wyatt offered the following emergency budget ordinance: (ff32628-082895) AN ORDINANCE to amend and reordain certain sections of the 1995-96 City Information Systems Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 472.) 382 ACTION: Ms. INyatt moved the adoption of Ordinance No. 32628-082895. The motion was seconded by Mrs. Bowles and adopted by the following i vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers ............................ 7. NAYS: None ........ -0. BUDGET-GRANTS-CITIZENS SERVICES COMMITTEE-ROANOKE SYMPHONY ORCHESTRA-ARTS COUNCIL OF 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, which grant funds are available on a $0150 matching basis (50 per cent State and 50 per cent local); and application for the grant was made at the request of The Arts Council of Roanoke Valley, the Roanoke Symphony Orchestra and the Mill Mountain Theatre. It was explained that notification from the Commission for the Arts.. has been received that a grant in the amount of $3,750.00 is ava, lable, .w. hich grant will supplement funds previously appropriated I by the City to the organization through the Citizens Se.w. ices Committee, with local funds to meet the 50150 required match, and grant funds totalling $3,750.00 will be distributed to The Arts Council of Roanoke Valley ($1,250.00), Roanoke Symphony Orchestra ($1,250.00), and Mill Mountain Theatre ($1,250.00). The City Manager recommended that Council concur in the following actions: Accept the $3,750.00 Local Government Challenge Grant from the Virginia Commission for the Arts. Appropriate $3,750.00 to accounts to be established by the Director of Finance in the Grant Fund. Authorize the City Manager, or his designee, to execute the Local Govemment Challenge Grant on behalf of the City of Roanoke. (For full text, see report on file in the City Clerk's Office.) 383 Mr. White offered the following emergency budget ordinance: (f/32629-082895) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 473.) ACTION: Mr. White moved the adoption of Ordinance No. 32629-082895. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCedden, Parrott, White and Mayor Bowers .............................. 7. NAYS: None... Mr. White offered the following resolution: (f/32630-082895) A RESOLUTION authorizing the acceptance of a Local Government Challenge Grant f~om the Virginia Commission for the Arts. (For full text of Resolution, see Resolution Book No. 57, page 474.) ACTION: Mr. White moved the adoption of Resolution No. 32630-082895. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrot',, White and Mayor Bowers .......................... 7. NAYS: None SEWERS AND STORM DRAINS-WATER RESOURCES: The City Manager submitted a written report with regard to bids received by the City for water and waste water treatment chemicals, which bids, after due and proper advertisement, were received and opened on in the Office of Manager of Supply Management on June 30, 1995; whereupon, the City Manager recommended that Council accept the following lowest responsible bids meeting specifications for the pedod July 1, 1995 - June 30, 1996; and reject all other bids received by the City: 384 Liquid Alum - accept the bid of Alchem, Inc., for the cost of $.173474 per gallon for bulk delivery loads and $.37783 for less than bulk Ioada; Liquid Chlodne - Prillaman Chemical Corporation, for the cost of $39.00 per cwt. for 150 pound cylinders and $17.00 per cwt. for 2,000 pound cylinders. Sodium Silico Fluoride - Prillaman Chemical Corporation, for the coat of $26.00 per cwt. Aluminum Chloride - Gulbrendssn Co., Inc., for the cost of $.137 per gallon. Sulfur Dioxide - PB&S Chemical Co., Inc., for $400.00 per ton. Sodium Hydroxide. PB&S Chemical Co., Inc., for the cost of $1.1862 per gallon. Hydrofluosilica Acid - LCI/LTD for the cost of $.6817 per gallon. Sodium Bi-sulfite - Jones Chemicals, Inc., for the coat of *~· $1.09 per gallon. Zinc Orthophosphate - Prillaman Chemical Corporation, for the coat of $4.12 per gallon. Polymer, 3ppm Praestol - George S. Coyne Chemical Co., Inc., for the cost of $4.08 per gallon. Polymer Cat Floc-TL - Southchem, Inc., for the cost of $4.20 par gallon. Filter Aid - Southchem, Inc., for the cost of $7.99 per gallon. Sodium Fluoride - Prillaman Chemical Corporation, for the cost of $.676 per pound. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following resolution: sewage treatment chemicals for fiscal year 1995-96, and rejecting other bids. (For full text of Resolution, see Resolution Book No. 57, page 475.) ACTION: Mrs. Bowies moved the adoption of Resolution No. 32631-082895. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers ........................ 7. NAYS: None SEWERS AND ST..O. RM DRAINS-WATER RESOURCES: The City Man.ager submitted a written report advising that the bid for the sludge haul,ng contract with Bio. Gro, a division of Wheelabrator Clean Water Systems, Inc., for the. period September 1, 1994 - August 31, 1996 was approved by Counc,I on December 13, 1.993; the contract price for hauling per dry ton was set at $80.75, subject to a increase according to the Consumer Price Index and at a minimum of 6,000 dry tons, not to exceed 10,000 dry tons; the appropriation was for the base contract, and additional sludge over the 6,000 dry tons could be moved at the same unit price per ton and covered by change order. It was further advised that from December 1993, to September 1994, when the contract took effect, the Consumer Price Index increase raised the cost per dry ton to $82.76 according to bid or specification documents, which requires an increase in the base contract amount of an additional $12,060.00 for the 6,000 dry tons; and the Water Pollution Control Plant budget, as approved, anticipates removal of a total of 9,000 dry tons, which will increase the contract amount as follows: 6,000 Base Contract Tons x ($82.76 - $80.76) 3,000 Additional Tons at $82.76 Amount of Change Order (Not to exceed) $ 12,060.00 248,280.00 $260.340~00 385 386 ACTION: The City Manager recommended that he be authorized to execute Change Order No. I to the contract .with Bio-Gm, a division of Wheelabrator Clean Water Systems, Inc., ,n the amount of $260,340.00 and no additional time required for the change order, with funding from the project Account No. 003-056-3150-2010. (For full text, sea report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency ordinance: (ft32632-082895) AN ORDINANCE approving the City Manager's issuance of Change Order No. I to the City's contract with Bio Gro, a division of Wheelabrator Clean Water Systems, Inc., in connection with the removal, transportation, and disposal of sludge from the Water Pollution Control Plant; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 477.) Mr. Parrott moved the adoption of Ordinance No. 32632-082895. The motion was seconded by Mr. White and adopted by the following vote: ACTION: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers ............................... 7. NAYS: None DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of July 1995. (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 Ms. Wyatt and unanimously adopted. REPORTS OF COMMITTEES: 387 Council Member Elizabeth T. Bowies, Chairpereon of the Water Resources Committee, presented s written report on behalf of the Committee, with regard to donation and conveyance of certain easements across City-owned property to the Commonwealth of Virginia, Appalachian Power Company and Bell-Atlantic-Virginia, Inc., for use in connection with the widening of Brandon Avenue, S. W. A staff report advised that Council requested that a project to widen Brandon Avenue, S. W., from Edgewood Street to the western coq~orats limits be programmed by th..e Virginia Department of Transportation (VDOT), pursuant to Ord,nance No. 29954.030590, adopted on March 5, 1990, and the project was subsequently included in VDOT's Six-Year Highway improvement Program. It was explained that relocation of existing power and communication facilities needs to be accomplished in order to permit the widening of Brendon Avenue; and easements across City-owned property described as Official Tax No. 1610210, between Edgewood Street and Mud Lick Road, S. W., have been requested by the Virginia Department of Transportation for the Brandon Avenue Widening I Project. The Water Resources Committee recommended that Council authorize execution of the appropriate documents, in a form to be approved by the City Attorney, donating easements across City-owned property, which easements shall be for the purpose of widening Brandon Avenue, S. Wo, and providing necessary utilities. (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 first reading: (#32633) AN ORDINANCE authorizing the donation and conveyance of certain easements across City-owned property to the Commonwealth of Virginia, Appalachian Power Company and Bell- Atlantic-Virginia., Inc., for use in connection with the widening of Brandon Avenue, S. W., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 57, page 483.) 388 ACTION: The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Membera Wyatt, Bowles, Edwards, McCedden, Parrot',, White and Mayor Bower~ ....... : .......... 7. NAYS: Nor=.. PURCHASE/SALE OF PROPERTY-CITY PROPERTY-WATER RESOURCES: Council Member Elizabeth T. Bowles, Chairperson of the Water Resources Committee, presented a wfltten report on behalf of the Committee, with regard to advertisement for the sale of certain surplus City-owned property. A staff report advised that the parcel of land in question is located at the northwest comer of Liberty Road and Hillcrest Avenue, N. W., and acquired by the City in 1955, located in a residential area, which is zoned RM-1 and approximately 50 feet x 140 feet in size, with an assessed value of $6,500.00 as determined by the Office of Real Estate Valuation; the parcel is no longer nccded by the City and may be sold as surplus property; and City policy requires that surplus property be advertised and sold to the highest bidder if the property can be used to construct a separate taxable structure. The Water Resources Committee recommended that Council authorize advertisement for sale to the general public property described as Lot 20, Block 2, Map of Meadow Land, Official Tax No. 2071420, at a minimum price of $6,500.00. (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the recommendation. The motion was seconded by Mr. McCadden and unanimously adopted. BUDGET-CHURCH AVENUE PARKING GARAGE-EQUIPMENT: 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 to replace revenue equipment in the Municipal Parking Garage, recommending that Council approve the following actions: 389 Authorize the City Manager to enter into a contractual a~.reement, in a form to be approved by the City Attorney, w,th George H. Jennings, Jr., Inc., trading as Time & Parking Controls, in the amount of $38,165.00 and 30 consecutive calendar days to replace revenue equipment in the Municipal Parking Garage, including Additive Bid Item No. 1, in accordance with contract documents. Authorize the Director of Finance to appropriate funding from Materials Control Retained Eamings to be transferred into a new Transportation Fund account established for the work. The following breakdown provides for a contract contingency of approximately six and one-half per cent, $250.00 in advertising expenses already incurred, and for services provided by the Office of the City Engineer: Contract Amount Contingency Advertising City Engineer's Services $38,165.00 2,500.00 250.00 2.250.00 Total $43.165.00 The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#32634-082895) AN ORDINANCE to amend and reordain certain sections of the t995-96 Materials Control and Transportation Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 478.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 32634-082895. The motion was seconded by Mr. White and adopted by the following vote: 390 ACTION: AYES: Council Members tNyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers ................. 7. NAYS: Nm:.: Mr. Parrott offered the following resolution: J . (#32635-082895) A RESOLUTION accepting the bid of Geome H. ennlngs, Jr., Inc., Ua Time & Parking Controls, to replace the re~;nue equipment in the Municipal Parking Garage, including Additive Bid Item No. 1, in the total amount of $38,168.00 upon certain terms and conditions, and awarding a contract therefor: authorizina the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. (For full text of Resolution, see Resolution Book No. 57, page 480.) T' Mr.. Parrott moved the adoption .o.f Resolution No. 32635-082895. ne motion was seconded by Mr. Wh,te and adopted by the following vote: AYE.S.: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers ................................. 7. NAYS: None UNFINISHED BUSINESS: None. INTRODUC~ON AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: COU. NCIL-VIRG!NIA MUN. ICIPAL LEAGUE: Mrs. Bowles offend the fo!lowing resolution providing that the regular meeting o.f. C,ty Counc,I scheduled to be held at 3:00 p.m. and 7:00 p.m., res,p.e, ct, vely, on Monday, October 9, 1995, shall, be held at 3:00 p.m. and 7.00 p.m., respectively, on October 16, 1995. (#326..36-082895) A RESOLUTION providing that the regular meeting of City Council scheduled to be held at 3:00 p.m. and 7:00 p.m., on Monday, October 9, 1998, shall be held at 3:00 p.m. and 7:00 p.m. on October 16, 1995. (For full text of Resolution, see Resolution Book No. 57, page 481.) 391 ACTION: Mrs. Bowle~ moved Ihe adoption of Resolution No. 32636-082895. I The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCedden, Parrott, White and Mayor Bowem... - .... ~ ........ 7. NAYS: Non= VIRGINIA MUNICIPAL LEAGUE~OUNCIL: Mr. McCadden offered the following resolution designating Mayor David A. Bowers as Voting Delegate and Council Member Elizabeth T. Bowies as Altemate Voting Delegate for the Annual 1995 Business Session of the Virginia Municipal League and designating W. Robert Herbert as Staff Assistant for any meetings of the Urban Section of the League: (#32637-082895) A RESOLUTION designating a Voting Delegate and Altemata 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. I ACTION: (For full text of Resolution, see Resolution Book No. 67, page 482.) Mr. McCadden moved the adoption of Resolution No. 32637- 082895. 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 MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: SEWERS AND STORM DRAINS-SIDEWALK/CURB AND GUTTER- COMPLAINTS-NEIGHBORHOOD ORGANIZATIONS-PUBLIC WORKS- SUBDIVISIONS-ROANOKE GAS COMPANY-ROANOKE NEIGHBORHOOD PARTNERSHIP: On July 10, 1996, Ms. Robin Murphy- Kelso addressed Council with regard to drainage problems, gas leaks and installation of curbing for safety and beautification purposes in the Summit Hills section of the City. 392 ACTION: ACTION: Council Member McCadden referred to a report of the City Manag.er under date of August 28, 1996, addressing long term needs of the neighborhood, and called attention to the need to address short term improvements aa well; whereupon, he noted that he, along with the Director of Public Works, would visit the Summit Hills area in the upcoming week to discuss short term solutions, with a follow-up report to the Council at a later date. Council Member White requested that the Roanoke Neighborhood Partnership contact Summit Hills neighborhood leaders to determine their interest in fo~;ng a neighborhood association. BUDGET-TAXES-COMMISSIONER OF REVENUE: A communication f~om the Commissioner of the Revenue recommending that the City decal be given to taxpayers upon payment of their personal property tax bill, in lieu of adjusting the tax rate for personal property was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Edwards moved that the matter be referred to 1996-97 budget study for discussion. The motion was seconded by Mr. White and unanimously adopted. OTHER HEARINGS OF CITIZENS: None. II At 4:20 p.m., the Mayor declared the meeting in recess. At 6:25 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, 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: 393 AYES: Council Members INyatt, Bowies, Edwards, McCedden, I Panott, White and Mayor Bowers ......... 7. NAYS: Nor:.= .... -0. OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that there ia a vacancy on the Roanoke Arts Commission, created by the resignation of Mimi Hodgin, and called for nominations to fill the vacancy. Mr. Edwards placed in nomination the name of R. Matthew Kennell. There being no further nominations, Mr. Kennell was elected as a member of the Roanoke A~ts Commission, for a term ending June 30, 199a, by the following vote: ACTION: FOR MR. KENNELL: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers .......................... 7. OATHS OF OFFICE*COMMITTEES-BUILDINGS/BUILDING DEPARTMENT: The Mayor called attention to the need to appoint an I alternate member to the Board of Building Code eals Building Maintenance Divismn, and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Robin L. James. There being no further nominations, Ms. James was elected as a member of the Board of Building Code Appeals, Building Maintenance Division, by the following vote: ACTION: FOR MS. JAMES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, Wttite and Mayor Bowers ........................ 7. ACTION: Inasmuch ss Ms. James is not a resident of the City of Roanoke, Mr. Parrott 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. 394 There being no further business, the Mayor declared the meeting adjourned at 6:30 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 395 REGULAR WEEKLY SESSION ...... ROANOKE CiTY COUNCIL September 11, 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, September 11, 1995, at 3:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reuular Meeting~, 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, John H. Parrott, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers .............. -6. ABSENT: Council Member Elizabeth T. Bowles .......................... 1. 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 Sandra H. Eakin, Deputy City Clerk. The meeting was opened with a prayer by The Reverend Harold C. Lewis, Pastor, Villa Heights Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor 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 a matter with regard to the disposition of publicly held property, specifically the possible conveyance of property in the downtown section of the City of Roanoke. PURCHASE/SALE OF PROPERTY-CITY PROPERTY-DOWNTOWN ROANOKE, INCORPORATED-COUNCIL: A report of the City Manager requesting that Council meet in Executive Session to discuss a matter with regard to the disposition of publicly held property, specifically the 396 ACTION: possible conveyance of property in the downtown section.of the City of Roanoke, pursuant to Section 2.1-344 (A)(3), Code of Virg,nia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to disposi§on of publicly held property, specifically the possible conveyance of property in the downtown section of the City of Roanoke, pursuant to Section 2.1-344 (AX3), Code of Virginia (1950), as amended. The motion was seconded by Ms. INyatt and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, INhite, Wystt and Mayo~ Bowers ........................... --6. NAYS: Nono (Council Member Bowies was absent.) SEWERS AND STORM DRAINS-EASEMENTS-SIDEWALK/CURB AND GUTTER-PUBUC WORKS-CAPITAL IMPROVEMENTS PROGRAM- SUBDIVISIONS-ROANOKE GAS COMPANY: A report of the City Manager with regard to a request for storm drains and curbing for the Summit Hills subdivision area, was before Council. The City Manager advised that during the regular meeting of Council on July 10, 1995, Ms. Robin Murphy-Kelso presented a petition from the citizens of Summit Hills Subdivision requeafing the installation of adequate storm drains, the elimination of gas leakage, and the installation of curbing for the safety and beautification of the neighborhood; Roanoke Gas Co. quickly responded to the problem of gas leaks and mede necessary repairs; the Department of Engineering staff surveyed the area, determined where storm drains and curbing in support of the storm drains ars needed, and the costs associated with the improvements, with estimated costs for the storm drains, curbing, storm drain appurtenances (manholes, inlets, etc.), and engineering and easement acquisition to be $2,035,000.00; whereupon, the City Manager recommended that the project be referred to the Capital Improvement Program planning process for inclusion in consideration for the fiscal year 1996-97 plan update. (For full text, see report on file in the City Clerk's Office.) 397 ACTION: Mr. Edwards moved that the project be referred to the Capital Improvement Program planning process for inclusion in consideration for the fiscal year 1996-97 plan update. The motion was seconded by Ms. I/Vyatt and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers----- ....... : ........................... $. NAYS: Nono (Council Member Bowles was absenL) PARKS AND RECREATION-SWIMMING POOLS: A report of the City Manager with regard to expenses and revenues for Washington and Fa#on Park swimming pools, was before Council. The City Manager advised that the General Fund support from local tax revenues for the two City swimming pools for the 1994 season was $53,780.00; the general operating expenses for the pools for the summer of 1994 (the last two months of fiscal year t994 and the first three months of fiscal year 1995) were $70,563.00, which includes amounts for both personnel and program/operating supplies; the expenditures exceeded General Fund support provided by $16,783.00; total admissions collected during the 1994 season were $16,174.00; admission revenue serves as a supplement to General Fund support and as a measure of control, thus contributing towards a safe and secure recreational experience for pool patrons; the City continually strives to improve recreational opportunities and enhance the quality and quantity of services to its residents - swimming and otherwise; and during the current year, the City has extended pool operations by opening earlier in the season for weekend swimming, adding a seventh open day each week (no longer cIossd a full day each week for maintenance), and staying open until 8:00 p.m. on Friday, Saturday and Sunday. It was explained that an effort is made to reduce or waive the present admission fee (youth - $1.00; adult - $2.00) for those citizens who are economically disadvantaged; pool admission fees are reduced by half for non-profit agencies serving families that meet the poverty guidelines established by the Fed. emi Govemment, O?ce of Management and Budget; pool admiss,on fees are waived entirely for City-sponsored programs serving the same population; the Department of Human Development distributes free daily swim passes to qualifying 398 ACTION: ACTION: ACTION: youth a.n.d sells the hal.f-price passes to qualifying non-profit organizations; and, in add,tion, free swimming is provided through Youth Summit programs, which includes weekly swin,.s for Adventures in the Park participants and ten pool parties for teenagers, four parties for middle school students and six parties for high school students. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards moved that the report 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 (Council Member Bowies was absent.) COMMITTEES-YOUTH: A communication from James C. (Jay) Stephens tendering his resignation as a member of the Youth Services Citizen Board, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Edwards moved that the communicalJon be received and filed and that the resignation be accepted with regret. 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.) ....OA..THS OF OFFICE-COMMITTEES-YOUTH: A report of quam,pcanon of Mollie C. DeBerry as a member of the Youth Services Citizen Board, for a term ending May 31, 1998, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mr. Edwards moved that the report of qualification be received and filed. The motion was seconded by Ms. Wyatt and adopted by the following vote: 399 AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers- -6. NAYS: Nons (Council Member Bowles was absent.) REGULARAGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: TRAFFIC-SEWERS AND STORM DRAINS-COMPLAINTS-FLOOD REDUCTION/CONTROL: Mabel Jo Wilson, 4107 Lake Drive, S. W., representing the Cravens Craek-Spring Valley Lake Neighborhood, expressed concem with regard to a proposed subdivialon development in the Cravens Creek area and addressed the issues of greenways, drainage, erosion, traffic, flooding, and public safety related to the proposed 11 house subdivision. She stated that reportedly, the hazard potential to life and property is significantly increased by high density development located downstream of two emlhen dams and on a stream which is already prone to flooding, and the area experiences 100 year floods approximately four ~mes a year. She urged that the City ask for a study by FEMA, deny approval of the plans to build the proposed subdivision, or consider limiting the number of homes, require retention ponds instead of infiltration ditches, and delay a decision on the matter until flood and traffic studies can be completed. Clark Crawley, 3016 No,i;,view Drive, S. W., advised that he is the developer for the proposed Cravens Creek Stable subdivision, and although he understands the concems expressed by Ms. Wilson with regard to flooding, he has worked with the City to meet the requirements on stormwater management and retention, and in fact, the drainage system has been oversized to help the flooding situation. He stated that this is a Iow density area; the City is in need of upscale housing; he is complying with all rules, regulations and laws; and he feels the drainage situation is under control He acknowledged there is a drainage problem in this area; however, he is of the opinion the proposed new development will not add to the problem. Fred D. Anderson, 3802 Cravens Creek Road, S. W.; James Cunningham, 3826 Cravens Creek Road, S. W.; J. David Wright, 3808 Cravens Creek Road, S. W.; Angle Hallenbeck, 3836 Cravens Creek Road, S. W.; Usa W. Farthing, 4023 Lake Drive, S. W.; Joe Cunningham, 4OO 1609 Lansing Drive, ApL 287, Salem, Virginia; James R. Bedwell, 4113 Cravens Creek Road, S. W.; Alton G. Akin, Jr., 1607 Red Oak Lane, S. W.; Joel L. Wyatt, 1612 Red Oak Lane, S. W.; and Jonathan Rogers, 3734 Lake Drive, S. W., appeared before Council in opposition to the proposed subdivision. They addressed the following issues of concem: Additional flooding will result from the proposed development, and it will have a negative effect on their neighborhood. The flooding problem could be lessened if the City would deepen the creek which has filled in over the years, with silt becoming lodged under the bridge. The land along Cravens Creek is continuing to flood more often due to the shallow creek. The proposed new development in the area will increase the volume of traffic in the neighborhood. The City should look very closely at new developments and its code standards should be reviewed and upgraded to provide for stricter requirements in the areas of soil and erosion control. The City should conduct additional flood studies in the area. John Marllss explained that under provisions of the State Code, local govemments are daiegatecl certain given authority to regulate the location and design of new development; most of the development in the City was built prior to these regulations being established; if all developments in the City were stopped today, flooding would still occur;, and this proposed development is a permitted development as far ss zoning regulations are concerned; however, it is still in the review process by the City Planning staff and has not been formally approved. Upon question as to the authority of the City to protect citizens in the interim of these flooding studies, Mr. Marilss advised that he knows of no authority in Virginia for localities to place a moratorium on new development while plans or codes are updated. He stated that the City Planning Commission periodically updates standards for flood plains; and a consultant study on regional storm water management is being prepared by an independent consultant for the Fifth Planning District Commission. 401 Mr. Edwards referTed to comments the Council has received recently regarding flooding problems in Garden C!ty, Su.mmit Hills and now the Cravens Creek area, and he stated it ;s obwous that new development adds to flooding and the regulations that are in place seem to be inadequate, and it appears these regulations need to be upd,-'~d as quickly as possible. Mr. Marlles reiterated that the zoning is in place to permit the proposed developments, and the City Planning staff is making sure that all ordinances and standards are being complied with. Mr. White pointed out that there are existing flooding conditions in the neighborhood and the City needs to determine what can be done about these existing conditions; new development of property in the area may increase the flooding problems; and he believes City Council has tried to encourage new housing developments in the City, and con~Jderation ccc. ds to be given to the rights of private developers. He stated the need for further discussion of these issues by Council. I ACTION: Ms. Wyatt referred to the concept of the cumulative effect, and stated that sometimes creeks are on private property and the City cannot go in and dredge on private property; therefore, this is an issue the City needs to address. The Mayor advised that without objection by Council, the remarks of the above speakers would be referred to the City Manager for investigation and report to Council. At 4:25 p.m., the Mayor declared the meeting in recess. At 4:32 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: None. PETITIONS AND COMMUNICATIONS: BONDS/BOND ISSUES-SCHOOLS: A communication from the Roanoke City School Board advising that as a result of official School Board action at a special meeting held on August 28, 1995, the Board approved an application and a resolution for Roanoke City Public Schools to participate in the 1995 Virginia Public School Authority (VPSA) bond issue; that the proceeds of the bond issue will be used in 402 ACTION: lieu of the Literary Fund loans approved by the State for Wssena Elementary School and Jackson Middle School, recommending that Council approve a resolution indicating that Roanoke City desires to participate in the Virginia Public School Authority bond issue; and no further action is required by Council at this time; however, if the application is approved by the VPSA board, Council will be requested to conduct public hearings and perform any other procedural matters that may be required for participation in the VPSA bond issue was before the body. A report of the Director of Finance concurring in the recommendation was also before the body. (For full text, see communication and report on file in the City Clerk's Ofi~ce.) Me. Wyatt offered the following resolution: (ft32638-091195) A RESOLUTION authorizing the appropriate City officials to make application to the Virginia Public School Authority for financing under the Authority's 1995 Interest Rate Subsidy Program. (For full text of Resolution, see Resolution Book No. 57, page 484.) Ms. Wyatt moved the adoption of Resolution No. 32638-091195. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, Wltite, Wyatt and Mayor Bowers ......... _ .... ~. NAYS: None (Council Member Bowles was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None, ITEMS RECOMMENDED FOR ACTION: 403 HUMAN DEVELOPMENT-NEIGHBORHOOD ORGANIZATIONS- I HOUSING/A.UTHORITY-G..F~I. TS: ~ City Manager submitted a written report advimng that the City has certified the Northwest Neighborhood Environme,~;ai Organization, Inc. (NNEO), to be a bona fide Community Housing Development Organization (CHDO) as defined by the U. S. Department of Housing and Urban Development (HUD); the 1994 HOME Investment Partnerships Program allocation from HUD was accepted by Council on August 8, 1994, pursuant to Resolution No. 32142- 080894, with funds appropriated pursuant to Budget Ordinance No. 321414)80894; of the $605,000.00 HOME funds allocated in 1994, a minimum of 15 per cent, or $90,750.00, must be committed to a Community Housing Development Organization for project costs; to date, $19,494.00 of the 1994 HOME CHDO funds has been committed; the deadline for committing the remaining 1994 HOME allocation is May 31, 1996, and after May 31, 1996, any uncommitted 1994 HOME funds may be recaptured by HUD; and the City has funded 15 rehabilitation or new construction projects in partnership with NNEO through Community Development Block Grant (CDBG) HOME Investment Partnerships and City General Funds since lg82. It was further advised that the Northwest Neighborhood Environmental Organization, inc., submitted proposals for two new I projects to ~ conducte.d., during the 1995-96 period to increase homeownersh,p opportumties for Iow- and very4ow income families; the "Gilmar Avenue Rehabilitation" project commits $55,200.00 in HOME funds to rehabilitate a single-family house located at 719 Gilmer Avenue, N. W.; of the HOME funds, $45,200.00 will be used for direct project costs and $10,000.00 for Community Housing Development Organization operating costs during the 1995-96 period; total funding needed for the project is estimated to be $94,700.00, which includes $25,000.00 to be secured through private lending institutions and $4,500.00 from NNEO's own resources; the "New Construction" project commits $35,708.00 in HOME funds to construct two new single-family houses on vacant lots presently owned by NNEO located at 814 and 1002 Loudon Avenue, N. W.; that of the HOME funds, $19,200.00 will be used for direct project costs and $16,500.00 for CHDO operating costs during the 1995-96 period; that total funding for the project is estimated to be $191,200.00, which also includes $61,500.00 to be secured through private lending institutions and $19,000.00 from NNEO's own resources; and a U. S. Depafi,,,~nt of Housing and Urban Development "John Heinz" grant for $75,000.00 has been secured by NNEO for the balance of needed project funds. 404 It was explained that Council authorized the two abovedescdbed Northwest Neighborhood Environmental Organization, Inc., 1995-96 HOME projects and funding as part of the Consolidated Plan approved for submission to the U. S. Department of Housing and Urban Development on May 8, t995, pureuant to Resolution No. 32476-050895, and HUD approved the plan as of June 28, 1995; Council must approve execution of the agreements with the NNEO in order to implement the HOME projects and permit payment to the NNEO for costa incurred; HOME funds must be matched at a rate of 12.5 par cent, which does not apply to Community Housing and Development Organization "operating" funds or to any funds available from the 1992 allocation; that the match requirement for the two NNEO projects will be $8,050.00; the match sources include cash as well as in-kind contributions from non-Federal sources; no outlays of City funds will be needed to meet the match requirement; and the availability of matching funds will be verified and documented by the Office of Grants Compliance prior to the release of funds. The City Manager recommended that he, or the Assistant City Manager, and the City Clerk, be authorized to execute and attest, respectively, the 1995-96 HOME agreements with the Northwest Neighborhood Environmental Organization, Inc., and amendments thereto, if necessary, in a form to be apl.3, roved by tim City Attorney; and any such amendments shall be w~thin the limits of the funds appropriated by Council for each of the projects, and shall be within the purposes for each of the projects as set forth in the agreements, in a form to be approved by the City Attomey. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: (#$2639-091195) A RESOLUTION authorizing the City Manager to execute grant agreements, and amendments thereto, if necessary, with the Northwest Neighborhood Environmental Organization (NNEO), to provide funding for the conslnm~on of two new single-family houses located on vacant lots owned by NNEO at 814 Loudon Avenue, N. W., and 1002 Loudon Avenue, N. W., and the rehabilitation of a single- family house at 719 Gilmer Avenue, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 57, page 485.) 4O5 i ACTION: Mr. McCa.d. den moved the adoption of Resolution No. 32639- 091195. 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: Norm ----0. (Council Member Bowies was absent.) BUDGET-WATER RESOURCES-STREETS AND ALLEYS: The City Manager submitted a written report advising that on March 7, 1994, Council authorized acceptance of a bid submitted by Laramore Consln~tion Co., Inc., for the Cawins Cove Phase II water main project, Con;~-act A-2, which work was started as of May 23, 1994, and is currently 90 per cent complete. It was further advised that the project extends a water main from Williamson Road, N. W., at Plantation Road southward to Florist Road near Verndale Drive; the contract provides for payment of rock excavation on a unit price basis of $56.00 per cubic yard, with an I estimated 3,500 cubic yards, at a total value of $76,.000.00; ..Change Order No. 4 provided for the relocation of the waterhne ,nto Wilhamson Road, which included 600 cubic yards of rock excavation; to date, Laramore Construction Co., Inc., has excavated 7,735 cubic yards of rock, for a value of $433,160.00; the final quantity is unknown, but is estimated to be 7,800 cubic yards; that an increase of $240,800.00 is recommended to pay for the increased quantity of rock excavation; and current funds encumbered in the original contract amount of $1,469,735.00 for the contract ars as follows: Original Contract Amount Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Proposed Change Order No. 5 New Contract Amount $1,469,735.00 2,771.00 69,195.00 475.00 169,074.66 240.800.00 $1.952.050.65 406 - ACTION: ACTION: The City Manager rec~ that Council authorize execution of Change Order No. 5, in the amount of $240,800.00, to the contract with Lsramora Construction Co., Inc., and transfer $240,800.00 from Account No. 002-056-8377-9001, Carvins Cove Phase II, Contract B-l, 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.) Mr. White offered the following emergency budget ordinance: (~f32640-091195) AN ORDINANCE to amend and raordain certain sections of the 1995-96 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 486.) Mr. White moved the adoption of Ordinance No. 32640-091195. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowe~ ........... -8. NAYS: Nor= 0. (Council Member Bowies was absent.) Mr. White offered the following emergency ordinance: (f/32641-091195) AN ORDINANCE approving the City Manager's issuance of Change Order No. $ to the City's contract with Laramore Construction Company, 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. 57, page 487.) Mr. White moved the adoption of Ordinance No. 32641-091195. The motion was seconded by Mr. Parrott and adopted by the following vote: 407 AYES: Council Members Edwards, McCadden, Par~ott, White, NAYS: None (Council Member Bowies was absent.) SEWERS AND STORM DRAINS: The City Manager submitted a written report advising that Bio Gro, a division of Wheelabrator Clean Water Systems, Inc., has a one-year contract to remove, haul and dispose of digested, lagooned sludge from the Water Pollution Control Plant; the term of the contract is from September 1994 to September 1995, with the option to renew for four additional one-year periods; the current contract price is $82.76 per dry ton for a minimum of 6,000 dry tons and a maximum of 10,000 dw tons for the one-year contract; price fluctuation per dq~ ton of sludge is based on the Consumer Price Index; from July 1994 to July 1995, the Consumer Price Index increased by three per cent; the price per dry ton for the new contract would be $85.24, which would be the price per ton cost of the second year of the five-year agreement; an option was taken for five years because of the time required to have land parcels approved for sludge application; the base contract would be for 6,000 dry tons with additional tonnage being approved monthly by administrative change order;, and the second year contract with Bio Gro, a division of Wheelabrator Clean Water Systems, Inc., is as follows: Minimum 6,000 dry tons x $85.24 Maximum 10,000 dry tons x $85.24 $511,440.00 852,400.00 The City Manager recommended that he be authorized to renew the contract with Bio Gro, a division of Wheelabrator Clean Water Systems, Inc., for the second year to remove, transport and dispose of sludge at the rats of $85.24 per dry ton, not to exceed 10,000 dry tons, for an amount not to exceed $852,400.00, and the time of the contract is one year, with funding available in Account No. 003-056-3150-2010. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency ordinance: 408 ACTION: (#32642-091195) AN ORDINANCE authorizing execution of an amendment extending for an additional term of one year a contract .w. ith ~ Wheelabrator Clean Water Systems, Inc., for removing, transport, ng and disposing of digested lagooned sludge from the City's Water Pollution Control Plant; end providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 488.) Mr. Parrott moved the adoption of Ordinance No. 32642.091195. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bo~vere ......... -6. NAYS: None ...... -0. (Council Member Bowles was absent.) SEWERS AND STORM DRAINS-CONDEMNATION PROCEEDINGS-NORFOLK SOUTHERI~; CORPORATION-FLOOD REDUCTION/CONTROL-CONSULTANTS REPORTS: The City Manager submitted a written report advising ~hat a local cooperative a.greement i was executed between the City ar,d the Corps of Engineers ,n 1990 in which the City became responsib'.e for acquiring land, easements, right- of-way, and relocation of utilities; the City deta,,,;ned that an environmental assessment is required before any right-of-way or essemont is purchased for the Roanoke River Flood Reduction Project and the Roanoke River and Tinker Creek Sanitary Sewer Interception Projects to determine the potential environmental liability to the City; the City entered into a contract with Dewberry & Davis, Consulting Engineers, in 1991 for the Phase I Environmental Assessment Study; the first amendment to the contract (Phase II-A Environmental Assessment Study) was executed with Dewbewy & Davis in 1992; the second amendment to the contract (Phase II-B Environmental Assessment Study) was executed with Dewberry & Davis in June 1995; the Phase II-B Study requires the consultant to access private property along the Roanoke River Flood Reduction Project for soil sampling and boring; the contract requires the City to provide the consultant with access to private properties involved; the field testing began in July 1995 on Phase II-B of the Environmental Assessment Study; contractual 409 agreements ars currently in place with surrounding jurisdictions to construct sanitary sewer interceptor lines along Tinker Creek and the Roanoke River; and environmental assessments ars required for the projects which may include similar right-of.entry issues. It was further advised that thers ars 31 individual property owners involved in the Phase II-B Environmental Assessment Study; several property owners have requested additional conditions to the City's standard Right of Entry Agreement for the on-site testing and sampling on their properties, which conditions include the City assuming responsibility for any actual damages rssulting from such entry on the property or testing on the property; some property owners are also requesting rsimburasment of incidental expenses, such as the costs of flagmen or other personnel on Norfolk & Western property; if the property owners do not rsach an agrsement with the City and continue to object to the City entering their property, the City would have to seek legal action to gain access, which would be necessary even though Section 25-232.t of the Code of Virginia (1950), as amended, authorizes the City to enter private property for such testing; that Section 25-232.1 states that the City shall make reimbursement for any actual damages resulting from such entry; completion of the Environmantal Assessment Study is on hold until the City's consultant is able to access the rsmaining sites to complete their field testing; and environmental assessments for the Roanoke River and the Tinker Crsek Sanitary Sewer Interceptor Projects will potentially be delayed if the access issues are not addressed. The City Manager recommended that he be authorized to enter into right of entry agrsements with property owners, with rsasonable conditions as determined by the City Manager, in a form to be approved by the City Attorney, to allow the City or its agents, consultant, contractor, or representatives access to private property for the purposes of conducting an environmental assessment of such property, including surveys, borings, test wells, and examination of such property, in order to try to determine the environmental condition and suitability of such property for the Roanoke River Flood Reduction Project and the Roanoke River and Tinker Crsek Sanitary Sewer Interceptor Projects. (For full text, see rsport on file in the City Clerk's Office.) 410 ACTION: Mr. McCadden offered the following resolution: (#32643-091195) A RESOLUTION authorizing the City Manager to enter into right-of-entry agreements with property owners for the environmental assessment of such property for the Roanoke River Flood Reduction Project and the Roanoke River and Tinker Creek Sanitary Sawer Interceptor Project. (For full text of Resolution, see Resolution Book No. 57, page 489.) Mr. McCadden moved the adoption of Resolution No. 32643- 091195. 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: Nons (Council Member Bowles was absent.) BUDGET-FIRE DEPARTMENT-EQUIPMENT: The City Manager submi.tted a written report advising that the Fi.re Program Fund was [] sstabl,shed by the General Assembly effective October 4, 1985, pursuant to Section 38.1-44.1 of the Code of Virginia (1950), as amended; the sunset clause requiring expiration of the Fund on July 1, 1990 has now been removed; therefore, the City's annual allocation of State funds will continue indefinitely; revenue to support the program is derived from a 1.0 per cent surcharge on all fire insurance premiums collected throughout the Commonwealth; during the 1995 Session of the General Assembly, the surcharge was increased from 0.8 per cent to 1.0 per cent; program guidelines require that funds received are non- supplanting and may not be used in replacement of existing local funding; funds must be used in accordance with provisions established by the State Department of Fire Programs; funds provided by the program may be used for fire service training, regional fire service training facilities, firefighting equipment/apparatus and personal protective clothing. It was explained that Roanoke City's allocation of $101,012.43 was received by the City Treasurer on June 23, 1995, and was credited to Revenue Account No. 035-038-1234-7197; and action by Council is n.eeded to formally accept, appropriate the funds and authorize the D,rector of Finance to establish revenue estimates and appropriation 411 ACTION: 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 $80,012.43 11,000.00 10,000.00 The City Manager recommended that Council authorize acceptance of the grant award and appropriate $101,012.43, with con~43onding revenue estimates, to acco~ 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: (#326444)91195) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 489.) Mr. McCadden moved the adoption of Ordinance No. 32644- 091195. 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: No;'= (Council Member Bowies was absent.) Mr. McCadden offered the following resolution: (#32645-091195) A RESOLUTION accepting a certain Fire Program Fund Grant from the Commonwealth of Virginia's 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. 57, page 490.) 412 ACTION: Mr. McCadden moved the adoption of Resolution No. 32645- . - 091195.. The motion was seconded by Mr. Parrott and adopted by the I following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers - (Council Member Bowies was abeenL) BUDGET-APPALACHIAN POWER COMPANY-STATE HIGHWAYS- PLANNING-UTILITIES-STREETS AND ALLEYS: The City Manager submitted a written report advising that Council approved the location and major design features of the Second Street/Gainsboro Road Project from Orange Avenue, N. W. to Salem Avenue, S. W., pursuant to Resolution No. 30254-10190, adopted on October 1, 1990; Appalachian Power Co. (APCO) power lines along the Second Strest/Galnsboro Road Project will be relocated out of roadway corridor or from overhead to underground, which is in accordance with Ordinance No. 22055, adopte.d. Fe.bruary 3, 1975, which requires underground ut!lity installation ,n the Galnsboro Neighborhood Development Project (GNDP), and Sec'do~t. 36.1-237 of the Code of the Ci~ of. Roanoke (1979), i as amended, requmres overhead lines in the C-3 d,stnct to be located underground; and the project ia within the GNDP north of the railroad tracks and within a C-3 district south of the railroad tracks. It was further advised that a utility agreement between the Appalachian Power Co. and the City has been prepared and requires prompt execution by the City to maintain the project schedule; a fully- executed agreement will enable APCO to proceed with the acquisition of all materials needed for the underground utility lines; Virginia Department of Transportation's (VDOT) "Policy for Placing Utility Facilities Underground" requires that Council provide VDOT with a resolution requesting that the utilities be placed underground as a part of the project, which resolution also needs to assure that future utility facilities shall not be permitted overhead along the project limits, and the local governing body has the financial resources available to pay its share of the costs to place these facilities underground; the non- betterment cost to place APCO utilities underground for the project is estimated in the agreement at $45,444.46, with the City's share at 50 per 413 cent and VDOT's share at 50 par cent ($22,722.23 each), which is in accordance with VDOT's policy, and .the C. ity will pay the total amount of $45,444.46 to APCO and then ~nvo,ce VDOT for 50 per cent reimbureement. The City Manager recommended that Council concur in the following actions: Authorize, by ordinance, the City Manager to execute, on behalf of the City, the agreement with Appalachian Power Co. for the adjustment of electric utilities required in conjunction with the Second Street/Gainsboro Road Project. Approve a resolution requesting that the Virginia Depact,~,ent of Transportation have utility relocations placed underground as a part of the Second Street/ Gainsboro Road Project indicating that Ordinance No. 22055 authorizing underground utility installations in the Gainsboro Neighborhood Development Project, as well as Sec'don 36.1-237 of the Code of the City of Roanoke (1979), as amended, am effective within the limits of the roadway project. Appropriate $45,444.46 to Second Street/Gainsboro Road, Account No. 008.052-9547-9001 ($22,722.23) and Account No. 008.052-9547-9007 ($22,722.23); transfer $22,722.23 from the Streets and Sidewalks category of the 1996 Bond Issue, Account No. 008.052-9701-9191; and establish a receivable fTom the Virginia Department of Transportation in the amount of $22,722.23. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following emergency budget ordinance: (#32646.091195) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. $7, page 491.) 414 ACTION: ACTION: Mr. Edwards moved the adoption of Orclinance No. 32646-091195. The motion was seconded by Ma. Wyatt and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, INhite, Wyatt and Mayor Bowers .................. --6. NAYS: Non=_ (Council Member Bowies was abeenL) Mr. Edwards offered the following emergency ordinance: (#32647-091195) AN ORDINANCE authorizing the City Manager to enter into an agreement with Appalachian Power Co. for the relocation and adjustment of electric utilities in conjunction with the Second StreetJGainsboro Road Project, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 492.) Mr. Edwards moved the adoption of Ordinance No. 32647-091195. 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: Not= (Council Member Bowies was absent.) Mr. Edwards offered the following resolution: (#32648-091195) A RESOLUTION requesting the Virginia Department of Transportation ("VDOT") to have utilities relocated and adjusted in the Second Street/Gainsboro Road Project area as a part of that Project. (For full text of Resolution, see Resolution Book No. 57, page 493.) Mr. Edwards moved the adoption of Resolution No. 32648- 091195. The motion was seconded by Mr. White and adopted by the following vote: I 415 AYES: Council Members Edwards, McCadden, Parrott, White, I Wyatt and Mayor Bowers -6. NAYS: Nono ..................... ---0. (Council Member Bowies was absenL) Mr. Edwards offered the following resolution: (#32649-091195) 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 the Second Street/Gainsboro Road Project, in the City of Roanoke; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 57, page 494.) ACTION: Mr. Edwards moved the adoption of Resolution No. 32949- 091195. The motion was seconded by Ma. Wyatt and adopted by the following vote: I AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ....................................... -6. NAYS: None -----0. (Council Member Bowies was absent.) CITY CODE-ZONING-COMPLAINTS-PARKS AND RECREATION- NUISANCES: The City Manager submitted a written report advising that the City's weed office received a complaint from Mrs. Lillian Carter, 2744 Ordway Drive, N. W. (from the office of William F. Clark, Director, Public Works) on July 5, 1995, regarding property beside and behind her residence; both properties were inspected and the lot to the left of 2744 Ordway Drive, N. W., was found to be in violation of the City's weed ordinance; however, the property directly behind 27440rdway Drive (1733 Aspen Drive, N. W.) was found to be undisturbed woodland and not covered by the City's weed ordinance; and Section 33-17 (g) of the Code of the City of Roanoke (1979), es amended, excludes from the definition of "weeds", "trees, ornamental shrubbery, vegetable and flower gardens purposefully planted and maintained by the property owner,.., cultivated crops, or undisturbed woodland". 416 It was further advised that the lot to the left of 2744 Ordway Drive, N. W., was mowed by the owner on or about J.u. ly 24, 1995, which brought the property into compliance with the ord,nance; as an extra measure, however, the City sent a hand crew to perform some additionai trimming of the lot; in an effort to further satisfy Mrs. Carter, the owner of the wooded property behind Mrs. Carter's property was notified on August 14, 1995, and was requested by the City to clear any underbrush or weeds from the fence line with 2744 Ordway Drive; an inspection performed on August 30, 1995, found that the owner had complied with the request; actions taken in response to her complaint appear reasonable and in compliance with the ordinance; a review of the City's cu,~nt weed and trash ordinance has found it to be adequate to serve the intended purpose of protecting citizens from the public nuisances of noxious weeds and trash; undisturbed woodland areas have been purposefully excluded from the definition of weed (or weeds} in the ordinance; recent contracts with other Virginia municipalities, including the Cities of Lynchburg, Danville, Salem, and the Town of Vinton have indicated that natural wooded areas are typically excluded from such ordinances; the City has been unable to identify a locality that includes undisturbed woodland areas in its weed ordinance; and requiring property owners to cut and/or clear woodland areas would prove exl~ernely costly, both environmentally and economically, for the following reasons: environmental costs, economic costs, City property impacts, legal costs, and zoning regulation enforcement impacts. It was explained that the City must retain the authority to protect woodland areas on City property and, to a certain degree, on undeveloped private sites; the current ordinances provide the City with both the appropriate degree of flexibility in the management of City property, and the necessary, measured control of development and management of private areas; in addition, the City Attorney has opined that the City's authority to require that trees be cut is doubtful; Section 15.1-tl of the Code of Virginia (1950), as amended, authorizes the City to require that property owners cut "grass, weeds and other foreign growth"; Section 2(16) of the City Charter authorizes the City to requirs 417 that property owners keep their premises free and clear of "weeds"; I and in ~ opinion of the City Attomey, while Council may have certain latJtucle ,n defining "weeds", such authority would not, under the well- known Dillon rule, extend to mature trees or undisturbed woodlands. It was pointed out that following careful study, the City Manager is of the opinion that Mrs. Carter's concems have been addressed as thoroughly as possible under the city's current weed and trash ordinance; and specific concerns not addressed by the ordinance should be pursued by Mrs. Carter as a civil matter between private property owners; whereupon, the City Manager recommended that the "undistuHx~d woodland" exclusion remain in the City's weed and trash ordinance. (For full text, see report on file in the City Clerk's Office.) ACTION: Without objection by Council, the Mayor advised that the report would be received and filed. DIRECTOR OF FINANCE: AIRPORT-TRAFFIC-ZONING-BONDS/BOND ISSUES-STATE I HIGH,NAYS-CITY SHERIFF-CiTY JAIL-LEGISLATIOn-CITY EMPLOYEES- DOWNTOWN ROANOKE, INCORPORATED: The Cmty Manager and the DJrectx~ of Finance submitted a joint report with regard to ,ssuance of $23 mi#ion of Public improvement Bonds under the Public Finance Act, advising that the City anticipates issuing $23 million in capital improvement bonds in January 1996, which were approved in a November 1994 public referendum; Council may authorize the issuance of additional bonds to be included in the issue under the Public Finance Act of the Code of Virginia (1950), as amended; issuance of bonds under the Public Finance Act requires a public hearing before Council; whereupon, the City Manager and the Director of Finance recommended that a public hearing be scheduled for Monday, October 16, 1995, with regard to the issuance of public improvement bonds under the Public Finance Act for the following projects: $2.3 million for the State's share of the Jail Expansion Project, 418 ACTION: $1.0 million for employee parking, and Up to $5.0 million for the 1-581 interchange. (For full text, see joint report on file in the City Clerk's Office.) Mr. White moved that Council concur in the recommendation to schedule a public hearing for Monday, October 16, 1995, 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: BUDGET-BONDS/BOND ISSUES-STATE HIGHWAYS-STREETS AND ALLEYS: 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 construction of a temporary entrance for Coca-Cola Bottling Co., recommending that Council approve the following actions: Authorize the City Manager to enter into a contractual agreement, in a fo,-m to be approved by the City Attorney, with H. & S. Construction Co., in the amount of $69,037.60, and establish a contingency of $13,962.40, which includes $7,000.00 for a temporary guardhouse and a security officer and $6,962.40 for general contingency, for a total of Appropriate $84,660.00 into a new account in the Capital Projects Fund en~tied, "Temporary Entrance - Coca Cola", $1,660.00 of which is to be from the Streets and Sidewalks category of the 1996 Bond Issue, and $83,000.00 to be reimbursed by the Virginia Department of Transportation. Adopt the appropriate resolution indicating the City's intent to reimburse fiont funding with bond proceeds upon sale of the 1996 bonds. 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.) 419 ACTION: ACTION: Mr. White offered the following emergency budget ordinance: (#32650-091195) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 67, page 496.) Mr. White moved the adoption of Ordinance No. 32650-091195. The motion was seconded by Mr. Parrott and adopted by the following vote: Wyatt and Mayor Bowers NAYS: Norm (Council Member Bowles was absenL) Mr. White offered the following emergency ordinance: AYES: Council Members Edwards, McCadden, Parrott, White, (#32651-091195) AN ORDINANCE accepting the bid of H. & S. Construction Co. made to the City to construct a temporary entrance for Coca-Cola Bottling Co.; and rejecting all other bids made to the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 497.) Mr. White moved the adoption of Ordinance No. 32651-091195. 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: Nolo --0. (Council Member Bowles was absent.) Mr. White offered the following resolution: 420 ACTION: (#32652-091195) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obliga.ti.'on public I improvement bonds authorized to be issued pursuant to Ord,nance No. 32131-080894, adopted August 8, t994, for certain expenditures in connection with the temporary entrance for Coca-Cola Bottling Co. in the City of Roanoke; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 57, page 498.) Mr. White moved the adoption of Resolution No. 32652-091195. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers .............. S. NAYS: None (Council Member Bowles was absenL) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND ~ RESOLUTIONS: EASEMENTS-APPALACHIAN POWER COMPANY-STATE HIGHWAYS-CITY PROPERTY-BELL ATLANTIC-VA, INC.: Ordinance No. 32633 authorizing donation and conveyance of certain easements and providing necessary utilities across City-owned property, described as Official Tax No. 1610210, for use in connection with the widening of Brandon Avenue, S. W., to the Commonwealth of Virginia acting through its Department of Transportation, or other appropriate State agency, Appalachian Power Co., and Bell Atlantic-Virginia, Inc., upon certain terms and conditions, as more particularly set forth in a report of the Water Resources Committee under date of August 28, 1995, having previously been before the Council for its first reading on Monday, August 28, 1995, 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: 421 (~32633-091195) AN ORDINANCE authorizing the donation and I conveyance of certain e. ssements across City-owned property to the Commonwealth of Virg,nia, Appalachian Power Co. and Bell-Atlantic ACTION: ACTION: Virginia, Inc. for use in connection with the widening of Brsndon Avenue, S. W., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 57, page 483.) Mr. Panott moved the adoption of Ordinance No. 32633-091195. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, Wttite, Wyatt and Mayor Bowers ......................................... -6. NAYS: None (Council Member Bowies was absent.) ACTS OF ACKNOWt. EDGEMENT-ClRCUIT COURT: Mr. Edwards offered the following resolution commending the Honorable Lawrence L. Koontz on his appointment to the Supreme Court of Virginia: (#32653-091195) A RESOLUTION commending the Honorable Lawrence L. Koontz on his appointment to the Supreme Court of Virginia. (For full text of Resolution, see Resolution Book No. 57, page 500.) Mr. Edwards moved the adoption of Resolution No. 32653- 091195. 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: Nono --0. (Council Member Bowies was absent.) 422 ACTION: ACTION: PARKS AND RECREATION-DONATIONS/CONTRIBUTIONS-WAR MEMORIAL: Mr. Edwards offered the following resolution expressing the appreciation of the City to William W. Arnold, area veterans, veterans' groups and businesses for their contributions toward the erection of a Veterans' Memorial Flag Pole and monument at Fishbum Park: (f~32654.691t95) A RESOLUTION expressing the appreciation of the City to William W. Arnold, area veterans, veterans' groups and businesses for their contributions toward the erection of a Veterans' Memorial Flag Pole and monument at Fishbum Park. (For full text of Resolution, see Resolution Book No. 57, page 501.) Mr. Edwards moved the adoption of Resolution No. 32654- 091195. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bo~vers ...................................... -6. NAYS: None ----0. (Council Member Bowles was absent.) I MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: TAXES-LEAGUEOF OLDER AMERICANS: Council Member White made reference to the need to define another level of service to be provided by the City to senior citizens who are property owners in the City and requested that the matter be referred to the City Manager for report to Council. Without objection by Council, the Mayor advised that Mr. White's remarks would be referred to the City Manager for report to Council. STATE HIGHWAYS: Council Member White mede reference to the maintenance and upkeep of interchanges on Interstate-581 in the City and requested that the matter be referred to the City Manager for report to Council. 423 ACTION: W'dhout objection by Council, the Mayor advised that Mr. White's I remarks would be refe;;~:l to the City Manager for report to Council. COUNCIL-ROANOKE NEIGHBORHOOD PARTNERSHIPS: Council Member McCadden suggested that a representative of the Roanoke Neighborhood Partnership staff attend meetings of City Council in an effort to improve the relationship between Council and the Neighborhood Partnership Office. ACTION: Without objection by Council, the Mayor advised that Mr. McCadden's remarks would be refe,,,~l to the City Manager. OTHER HEARINGS OF CITIZENS: None. At 5:28 p.m., the Mayor declared the rr;=~ng in recess. (Vice-Mayor Edwards left the meeting during the Executive Session.) At 5:42 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Vice-Mayor Edwards and Council Member Bowles. ACTION: COUNCIL: With respect to the Executive Session just concluded, Ms. INyatt 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 mes'dng requiremenfs 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 McCadden, Parrott, White, INyatt and Mayor Bowers ............... ---5. NAYS: None ---0. (Vice-Mayor Edwards and Council Member BoWIes were absent.) PURCHASE/SALE OF PROPERTY-CITY PROPERTY: The City Manager submitted a written report advising that pursuant to Ordinance No. 29372, adopted November 26, 1988, Council authorized the execution of a Sale and Exchange Agreement with James L. and Muriel King Trinkle, providing that the City purchase property owned by the 424 Trinkles located at 120 and 122 West Campbell Avenue for $164,000.00, and further providing that the City exchange rea! estate owned at 124 ;i Kirk Avenue, S. W., for real estate owned by the Tnnkles at 118 and 124 West Campbell Avenue; the Virginia Department of Conservation and Historic Resources provided a $100,000.00 grant toward the acquisition of the Campbell Avenue Historic prope~es; the City agreed to donate historic preservation easements on the buildings to the Virginia Historic Landmarks Commission (VHLC) or to require as a condition of sale that the purchaser or purchasers donate historic preservation easements to the VHLC, as required by the State Grant Agreement; the City prepared and submitted an acceptable National Register Nomination to the VHLC requesting that the buildings be formally added to the State Register and nominated to the National Register of Historic Places, which nomination has been approved at the State and National levels; the Iow bid for removal of asbestos from the Campbell Avenue Historic Properties was $55,005.00; and the majority of the asbestos is located in the building at 118 West Campbell Avenue, which has not been removed. It was further advised that the offer, in the amount of $85,000.00, to purchase the property located at 120, 122 and 124 West Campbell Avenue has been received from Lagniappe, L.L.C., which is a limited liability corporation whose principals are David and Helen Hill, owners and operators of Hill Studio, P. C.; the planned uses of the property include commercial offices and two residential apartments, with Hill Studio occupying the cornmerciel space; the latest assessed values of 120, 122 and 124 West Campbell Avenue for tax purposes total $116,500.00, which values do not take into account costa such as asbestos removal, brokerage fees, etc., that may be incurred in the process of marketing the property; and the Purchase and Sale Agreement has been negotiated and approved by the City Attorney, as follows: Purchase price to be in the amount of $85,000.00; Purchaser will take the Campbell Avenue Historic Properties as they now exist acknowledging existence of asbestos and responsibility for its removal; and The City will donate a historic preservation easement to the Virginia Historic Landmarks Commission as required by the State Grant Agreement prior to closing of the sale. 425 The City Manager reconmmnded that Council authorize execution I .of neceesaW documents, in a form to be approved by the City Attomey, ;n order to sell property located at 120, 122 and 124 West Campbell Avenue to Lagniappe, L.L.C., for a sum of $85,000.00, and appropriate the $85,000.00 sale proceeds into Capital Projects Fund, Capital Improvement Reserve, Account No. 008-052-9575-9178, for future economic development projects. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: (#32655-091195) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 502.) ACTION: Mr. McCadden moved the adoption of Ordinance No. 32655- 091195. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt and Mayor Bowers ............. -5. NAYS: Nor. c (Vice-Mayor Edwards and Council Member Bowies were absent.) ACTION: Mr. McCadden moved that the following ordinance be placed upon its first reading: (#32656) AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the sale and conveyance of property owned by the City and located at 120, 122 and 124 West Campbell Avenue, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 57, page 503.) The motion was seconded by Mr. Parrott and adopted by the following vote: 426 AYES: Council Members McCadden, Parrott, White, Wyatt and Mayor Bowe~ -5. I NAYS: Nono ............ 0. (Vice-Mayor Edwards and Council Member Bowies were abeenL) At 5:46 p.m., the Mayor declared the meeting in recess until 7:00 p.m. At 7:00 p.m., on Monday, September 11, 1995, 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. 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 Sandra H. Eakin, Deputy 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 ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, September 11, 1995, 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 that conditions p,-c,;;ered in connection with the rezoning of a tract of land located at 1910 McVitty Road, S. W., designated as Official Tax No. 5100809, be amended and that new proffers be accepted, the matter was before the body. Legal advertissment of the public hearing was published in The Roanoke Times on Friday, August 25, 1995, and Friday, September 1, 1995. (See publisher's affidavit on file in the City Clerk's Office.) 427 ACTION: A report of the City Planning Commission advising that the purpose of the request is to amend proffered conditions approved in conjunction with a previous rezoning for the purpose of using the subject property as a commercial office development, was before Council. The Planning Commission recommended approval of the requested change in proffered conditions. (For full text, see report on file in the City Clerk's Office.) Edward A. Natt, Attorney, appeared before Council in support of the request of his client. Mr. McCadden moved that the following ordinance be placed upon its first reading: (#32657) AN ORDINANCE to amend Sections 36.1-3 and 36.1-4, 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. (For full text of Ordinance, see Ordinance Book No. 56, page 504.) 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 a change in proffered conditions; whereupon, Lacy W. Carter, 3562 Mudlick Road, S. W., appeared before Council in support of the request. Ordinance No. 32657 was adopted, on its first reading, by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowem ............................. - ..... -6. NAYS: Nor;,; (Council Member Bowies was absent.) 428 ACTION: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on. Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, September 11, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Robert C. Brammer that a b,ct of land containing approximately 5.44 acres, located at 2941 Peters Creek Road, N. W., and described as Official Tax No. 6410103, be rezonsd from RS-3, Residential Single-Family District, to C-2, General Commemial District and C-1, Office District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 25, 1995, and Friday, September 1, 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 is to permit the development of an office park with the flexibility for retail sales on property fronting Peters Creek Road, was before Council. The Plannin.g Commission recommended approval of the requ. est for rezoning, adv,sing that commamial development of the subject property is in keeping with the comprehensive plan and better suited to this portion of Peters Creek Road than residential development, and proffered conditions of the rezoning address planning issues relating to development of the property, storm water management, and buffering of adjacent residential uses. (For full text, see report on file in the City Clerk's Office.) David C. Helecher, Attorney, appeared before Council in support of the request of his clienL Mr. McCadden moved that the following ordinance be placed upon its first reading: (#32698) AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 641, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicanL (For full text of Ordinance, see Ordinance Book No. 56, page 505.) I j 429 The motion was seconded by Mr. Parrott. I 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. 32658 was adopted, on its first reading, by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers ---6. NAYS: None ................. --0. (Council Member Bowies was absent.) ENTERPRISE ZONE-ECONOMIC DEVELOPMENT: The City Clerk having advertised a public hearing for Monday, September 11, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to a proposed urban enterprise zone within the City of Roanoke, the matter was before the body. Legal advertJasmont of the public hearing was published in The Roanoke Times on Tuesday, August 29, 1995, and Tuesday, September 5, 1995. (See publisher's affidavit on file in the City Clerk's Office.) The Mayor inquired if there were persons present who would like to address Council with regard to the matter; whereupon, the City Manager advised that the Virginia General Assembly has authorized an add~onal enterprise zone in the City, and October 16 is the deadline for the City to submit an application. E. Douglas Chittum, Economic Development Specialist, explained the purpose of enterprise zone and stated that enterprise zones have become an important tool; and the City's current enterprise zone, which was started in 1983, was one of the first of twenty-five in Virginia. He advised that the proposed new enterprise zone will include approximately 1,900 acres and is located within census tract 6, block groups 1, 2 and 8; the proposed project generally lies within an area bounded by Route 460 East beginning at Tinker Creek, east to the Roanoke City corporate limits, northwest to Read Mountain, southeast along the Roanoke Centre for Industry property line to the Norfolk Southern North/South rail line to Mason Mill Road, then along Tinker Creek beck to Route 460 East. 430 Mr. Chittum reviewed the criteria that must be met by businesses !n an enterprise zone and explained the incentives given to businesses I ,n such zones. He stated that as of July 1, 1995, the State opened up an opportunity for 19 additional enterprise zones to be designated in the State, with 13 of ~those zones being opened up for competition by localities. He explained certain tax credits that the State took away from businesses, as well as new credits which are being offered such as a refundable real property improvement tax credit. He further explained that for an existing business to be a certified company, it must increase its employment by 10 per cent with 40 per cent of its employees being Iow to moderate income; and a business must be certified to qualify for the state income credit. William G. Foster, 1916 Sheffield Road, S. W., spoke in support of the proposed enterprise zone. He stated that he is Vice President of Administration for Singer Furniture Company, which company has provided employment in the area for the last 60 to 60 years, and it is a pleasure to be located in an area where existing businesses are treated equal to new businesses. He urged Council's careful consideration and study of this issue. Ellis Bolling, 2520 Craig Road, N. E., inquired as to how the enterprise zone will benefit the residential area; whereupon, Mr. Chittum explained that the zone will offer job opportunities for the residential area. Mr. Bolling stated that he has a business off of Plantation Road and he would like for the City to extend the zone into that area in order to include his business. Mr. Chittum stated that he would be glad to look at that area and determine whether Mr. Bolling's business could be included. Joel Kelly, 3038 Melrose Avenue, N. W., inquired as to the turnover rate for businesses that start in the enterprise zone; whereupon, Mr. Chittum stated that he is not certain whether the State has calculated this. Mr. Kelly stated he is in favor of the idea, but many people ara not aware that Roanoke has an enterprise zone. He questioned who decided on the proposed area and who worked on the proposed enterprise zone; whereupon, Mr. Chittum advised that the City's Economic Development staff worked on the proposal. Mr. Herbert explained that the Economic Development staff broke down all districts of the City and came up with this area as well as the current enterprise zone; and at the regular meeting of Council on October 16, 1995, he will recommend that Council take action on the proposed enterprise zone. 431 Mr. Kelly stated the ce. cd for more opportunities for citizen involvement in employment end business in the City. The Mayor advised that without objection by Council, the remarks of the above speakers would be received and filed. OTHER BUSINESS: Geneva Jenkins, a resident of Monterey Road, N. E., stated it is her desire that some of this land could be dedicated for a park, inasmuch as the Monterey ama does not have a park. She further stated the area needs another school and a recreational area, and urged Council's consideration of her request. The Mayor requested that the City Manager receive Ms. Jenkins' comments and forward the remarks to the City's Neighborhood Partnership Coordinator. ACTION: Without objection by Council, the Mayor advised that the remarks would be received and filed. OTHER HEARINGS OF CITIZENS: None. There being no further business, the Mayor declared the meeting adjourned at 8:14 p.m. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk David A. Bowers Mayor 432 REGULAR WEEKLY SESSION==~--ROANOKE CITY COUNCIL September 25, 1995 i 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, September 25, 1995, at 3:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, ~ of Section 2-15, ~JJ~J[~l~ Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Delvis O. McCadden, John H. Parrott, William White, Sr., Unda F. Wyatt, John H. Edwards and Mayor David A. Bowers ..... -6. ABSENT: Council Member Elizabeth T. Bowles OFFICERS PRESENT: W. Robert Herbert, City Manager;, James D. Ritchie, Sr., Assistant City Manager;, Wilbum 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 John Collins, Pastor, Calvary Baptist Church. ! The Pledge of Alleg,ance' to the Flag of the Un,ted' States of America was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT-DOWNTOWN ROANOKE, INCORPORATED-HOTEL ROANOKE CONFERENCE CENTER: On behalf of Downtown Roanoke, Incorporated, the Mayor presented the Golden Trowel Award dated September 12, 1995 to the City Manager. He advised that the award was presented as a token of sincere appreciation by Downtown Roanoke, Incorporated, to the City of Roanoke in recogni~on of meritorious downtown improvements at The Hotel Roanoke & Conference Center. ACTS OF ACKNOWLEDGEMENT.CITY EMPLOYEES-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH-ECONOMIC DEVELOPMENT-PR.OCLAMATIONS: The Mayor presented a proclamation declanng September 25, 1995, as Brian J. Wishneff Day in the City of Roanoke in recognition of Mr. Wishneff's outstanding accomplishments as the City's Chief of Economic Development and his 433 ACTION: contributions in connection with construction of the Hotel Roanoke Conference Center. He also prmmntad Mrs. Wishnsff with a crystal star which is symbolic of the star on Mill Mountain. (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 fo¢,~, or fo,,,~, 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 with regard to vacancies on various authorities, boards, commissions and committees appointed by Council. MINUTES: Minutes of the special meeting of Council held on Thursday, July 6, 1995; e joint meeting of Council and the Roanoke County Board of Supervisors held on Tuesday, July 11, 1995; the regular meetings of City Council held on Monday, July 10, and Monday, July 24, 1995; and a special meeting of Council held on Monday, July 31, 1995, 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 Ms. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Edwards and Mayor Bowers ....... -6. NAYS: Nono (Council Member Bowles was abssnL) COMMII-[EES-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, 434 ACTION: 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.) 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 McCadden, Parrott, White, Wyatt, Edwards and Mayor Bowers .---6. (Council Member Bowles was absent.) COMMISSIONER OF THE REVENUE-LEGISLATION-PUBLIC WORKS-LICENSES: A joint report of the City Manager and the City Attorney with regard to concerns expressed by the Members of Council that unlicensed contractors and subcontractors may be peffor,~t;ng construction within the City was before the body. It was advised that to achieve the goal that only licensed contractors and subcontractors should perform work on construction projects to which the City is a party, the City has implemented the following procedures: The Engineering Department verifies the license of any contractor bidding on a City project with the State. Department of Professional and Occupabonal Regulation. No bid from an unlicensed contractor will be considered. e Instruction to Bidders prohibit receipt or consideration of any bid from a bidder who is not properly licensed. 435 General Conditions to City contracts require ii contractor to obtain all required Iicense~ and permits. General Conditions also mquirs each contractor to verify that all subcontractors hold all necessary State and local licenses. Contractors may also be required to submit a list of subcontractors which cannot be changed except upon approval of the City Engineer. A new certificate has recently been recommended by the City Attomey and included in the City construction document package. The certificate requires each contractor to certify under oath that he has verified all subcoh~actora hold required State licenses. Contractors ara also required to certify under oath that they will verify any additional subcontractors employed to work on a project have all required State licenses. Violation of the certificate constitutes a material breach of contract. The City Manager has, acting pursuant to autho~ under State Code (Section 11-46.1), recently promulgated a debarment procedure which provides that contractors may be debarred for breach of contract with the City or for conviction of any criminal offense. The debarment procedure would allow the City Manager to debar for up to three years a contractor who is not properly licensed or who uses unlicensed subcontractors on a City construction project. Information as to any unlicensed contractors or subcontractors working on City-owned construction projects will be turned over to the Commonwealth's Attorney for his review and decision as to prosecution. (For full text, see joint report on file in the City Clerk's Oft,ce.) 436 ACTION: ACTION: Mr. McCadden 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, Parrott, White, Wyatt, Eckvards and Mayor B(wvere ----6. NAYS: Nono (Council Member Bowles was absent.) BONDS/BOND ISSUES-SCHOOLS: A communication from the Roanoke City School Board requesting that a public hearing be scheduled for Monday, October 16, 1995, at 7:00 p.m. or as soon thereafter as the matter may be heard, with regard to the issuance of general obligation bonds in an amount not to exceed $4.4 million for improvements and additions to Wasena Elementary School and Jackson Middle School was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. McCadden moved that Council concur in the request of the School Board to hold a public hearing on Monday, October 16, 1995, at 7:00 p.m. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Edwards and Mayor Bowers .---6. NAYS: None (Council Member Bowles was absenL) OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING DEPARTMENT-HOUSING/AUTHORITY: The following reports of qualification were before Council: Robin L. James as an alternate member of the Board of Building Code Appeals, Building Maintenance Division. Gall Burruas as a member of the Fair Housing Board for a term ending March 31, 1998. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) ACTION: ACTION: Mr. McCadden moved that the reports of qualification be received and filed. The motion wes seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Panott, White, Wyatt, Edwards and Mayor Bowere --6. NAYS: Nono ...... -0. (Council Member Bowies was absanL) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY CODE-ANIMALS/INSECTS: Susan B. Thompson, 1019 Wasena Avenue, S. W., requested that Section 6-7, Limitation on Keeping Cattle, Sheep, Goats and Swine, of the Code of the City of Roanoke, 1979, as amended, be amended, to allow Vietnamese Potbellied pigs as pets in the City of Roanoke. Scott D. Johnson, 1023 Wassna Avenue, S. W.; Thomas C. Blue, 1018 Wasena Avenue, S. W.; and Andrew M. Bryson, 1022 Wseena Avenue, S. W., appeared before Council in opposition to the request of Ms. Thompson. They addressed the following issues of concern: Feces has a strong, foul odor which causes residents to keep their doors and windows closed, prevents enjoyment of any type of outside acl~vity, and creates a health hazard. There is no guarantee that living quarters will be maintained so as not to pose a nuisance. If the City Code is amended to allow cattle, sheep, goats and swine, any citizen would be entitled to keep pigs in the City of Roanoke, and if the Thompsons, who claim to be expert pig keepers, cannot maintain their animals without offense to their neighbors, how can the City expect a novice pig owner to do better. The keeping of pigs portrays a negative image of the City. Mr. White moved that the remarks be received and filed. The motion was seconded by Mr. Parrott and adopted. 437 438 ACTION: · NEIGHBORHOOD ORGANIZATIONS: Richard S. Willis, Chalrperaon, Old Southwest, Inc., appeared b.ofo, re Council a. nd presented a video showcasing the Old Southwest nmghborhood, wh,ch was produced with mini-grant funds from a program administered by the Roanoke Neighborhood Partnership. Following the video, Mr, Willis advised that the old southwest neighborhood represents a broad cross section of economic values, economic opportunities and a wide range of investments for residents and commercial interests alike. He stated that it is believed that the area has stabilized and widespread demolition of homes has decreased during the past ten years, while the tax base has steadily increased. He added that Old Southwest, Inc., supports a Certificate of Occupancy Program for the City of Roanoke and expressed concern with regard to any demolition of property within the neighborhood without the approval of Old Southwest, Inc. Without objection by Council, the Mayor advised that the remarks would be received and filed. TRAFFIC-SEWERS AND STORM DRAINS-FLOOD REDUCTION/ CONTROL-SUBDIViSIONS: Dr. Mas W. Farthing, 4023 Lake Drive, S. W., representing residents of the Cravens Creek area, expressed concem with regard to additional development in the area of Cravens Creek and I addressed the question of post-development runoff which, according to the City Code, must be less than or equal to pre-development runoff. She called attention to registered complaints of residents that post- development runoff is creating a problem and the proposed development of four and one-half acres, with 11 additional houses will increase runoff by five per cent into an already flooding Cravens Creek. She explained that the area experiences high ground water, seasonal water tables, off-site runoff, a clay base, and slopes to the already flooding Cravens Creek. She advised that the matter has been discussed with numerous engineers who question the use of infiltration ditches. She stated that there are other drainage options which are more dependable and proposed that Cravens Creek development be limited or the use of infiltration ditches versus other options should be fully explored. Ms. Mabel Jo Wilson, 4107 Lake Drive, S. W.; Ms. Elsie A. Anderson, 3802 Cravens Creek Road, S. W.; and Mr. Alton Akin, 1607 Red Oak Lane, S. W., expressed concern with regard to drainage problems, flooding of yards, and the inadequacy of infiltration ditches. The Mayor called attention to a regional storm water drainage study which ia currently in preparation by the Fifth Planning District Commission in conjunction with other Roanoke Valley localities to address drainage problems. He noted that at the Council meeting on Monday, September 11, 1995, the concerns expressed by residences were referred to the City Manager for investigation and report, and without objection by Council, the remarks of the abovenamed speakers would be referred to the City Manager for his info¢~ation in connection with his study of the matter. At 4:20 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 Bowies. OTHER HEARINGS OF CITIZENS: None. PETITIONS AND COMMUNICATIONS: BONDS/BOND ISSUES-HOUSING/AUTHORITY: A communication from Alton L. Knighton, Jr., Attomey, representing the City of Roanoke Redevelopment and Housing Authority, requesting Council's approval for the issuance of bonds up to $5,660,000.00 to refund $6,660,000.00 of revenue bonds previously issued by the Authority to assist in acquisition and construction of a multi-family residential rental development known as Westwind II, which project is located on Coveland Drive, N. W., near its intersection with Ordway Drive and Glenroy Street, to the extent required by Section 147(f) of the Internal Revenue Coda of 1986, as amended was before the body. (For full text, see communication and other supporting documentation on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: (#32659-092595) A RESOLUTION approving the issuance of bends by the City of Roanoke Redevelopment and Housing Authority for the benefit of Westwind II Associates to the extent required by Section 147(f) of the Internal Revenue Code of 1986, as amended. (For full text of Resolution, see Resolution Book No. 57, page 607.) 439 44O ACTION: Mr. McCadden moved the adoption of Resolution No. 32659- 092595. The motion was seconded by Mr. Parrott and adopted by the ]I following vote: AYES: Council Members McCaddan, Parrott, White, Wyatt, Edwards and Mayor Bowers .... -6. NAYS: None (Council Member Bowles was absent.) BUDGET-GRANTS-CMERP-SCHOOLS-EQUIPMENT: A communication from the Roanoke City School Board requesting appropriation of $890,734.00 from the 1995-96 Capital Maintenance and Equipment Replacement Fund, said proceeds to be used for the pumhase of instructional and administrative computers, the purchase of language laboratory equipment at Patrick Henry High School, the pumhase of transportation scheduling equipment, facility maintenance equipment and operational services equipment, addition of classroom space, and alteration and improvement of school facilities; further requesting appropriation of $75,000.00 for the Roanoke Valley Preschool Initiative for 1995-96, which reflects the City of Roanoke's portion of the local match for the .program; and also requesting appropriation of funds to the follow, ng school grants was before Council. Grant No. 6309 -- $869,595.00 for the 1995-96 Magnet School Program to provide for the operation of the Magnet School Programs at Huff Lane MicroVillage and at Lincoln Terrace Saturn Network. The Program is 100 per cent reim.bu.med by Federal funds and is a continuing program. Grant No. 6531 - $104,346.00 for the 1995-96 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 is t00 per cent reimbursed by Federal funds and is a continuing program. 441 ACTION: Grant No. 6532 - $7,514.00 for the 1995-96 Special Education Intsq~reter Training Program to provide funds for the development of training curriculum for the hearing impaired program. The Program is 100 per cant reimbursed by Federal funds and is a continuing program. Grant No. 6783 - $4,264.00 for the 1995-96 Opportunity Knocks (GED) Program to provide instruction for the General Educational Development Examination for young adults. Funding for the program will be provided by fees charged to participants. This is a new program under this format. A report of the Director of Finance concurring in the request of the School Board, advising that this is the second appropriation of the School Board's fiscal year 1995-96 CMERP funding of $2,394,036.00, which will leave an unappropriated balance of $1,378,302.00. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Edwards offered the following emergency budget ordinance: (#32660-092595) AN ORDINANCE to amend and reordain certain sections of the 1995-96 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 508.) Mr. Edwards moved the adoption of Ordinance No. 326604)92595. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Edwards and Mayor Bowers .---6. NAYS: None (Council Member Bowies was absent.) 442 ACTION: CITY TREAS .URER-TAXES-COMMISSIO. NER OF THE REVENUE-and LEGISLATION: A jmnt report of the Commiss,oner of the R.e. venue the City Treasurer recommending an amendment to the City Code to allow filing by exception for personal property taxes and to require the vehicle's owner to register within 30 days and to pay the tax within 60 days of the vehicle purchase date which will save an estimated $125,000.00 and eliminate the required filing deadline of February 15 was before Council A re.p.o...rt of the Director of Finance concurring in the recommendation was also before Council. (For full text, see reports on file in the City Clerk's Office.) Mr. McCadden moved that the following ordinance be placed upon its first reading: (ft32661) AN ORDINANCE amending and reordaining Section 32- 108, Taxpayer's return - Generally. and subsection (5) of Section 32- 108.1, Proration of r)ersonal oror)ertv tax a_enerallv, of Article III, Tax on Tangible Personal Pro~)ertv Generally. of Chapter 32, Taxation. of the C..ode of the City of Roanoke (1979), as amended, to provide for the fihng by exception for personal motor vehicle tax.returns and to provide that motor vehicle tax returns shall be filed thirty days from date of purchase of a new vehicle, and such tax paid within sixty days of purchase date; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 58, page 1.) The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Edwards and Mayor Bowers .... -6. NAYS: None (Council Member Bowles was absent.) BUDGET-COMMONWEALTH'S ATTORNEY-CITY EMPLOYEES- GRANTS-VICTIM/WITNESS/JUROR PROGRAM: A report of the Commonwealth's Attorney advising 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 L 443 ACTION: commitment for citizen support. It was further advised that the Victim/INitness Assistance Program has been awarded a 12-month $35,910.00 grant for the period July 1995 - June 1996 which will be matched by a local cash match of $25,671.00, for a total grant of $61,581.00, was before Council. The Commonwealth Attorney recommended acceptance of and participation in the Department of Criminal Justice Services Grant for the Victirn/INitnees Program, in the amount of $35,910.00. A report of the City Manager concurring in the recommendation was also before Council. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#32662-092595) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 513.) Mr. Parrott moved the adoption of Ordinance No. 32662-092595. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Edwards and Mayor Bowers --6. NAYS: Nono ----0. (Council Member Bowies was absent.) Mr. Parrott offered the following resolution: (~32663-092595) A RESOLUTION authorizing the acceptance of Grant No. 96-B8554VW95 made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a Victim/W~tness 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. 57, page 514.) 444 ACTION: Mr. Parrott moved the adoption of Resolution No. 32663-092895. The .motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Edwards and Mayor Bowers. ~. NAYS: None (Council Member Bowies was absenL) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: VIRGINIA MUNICIPAL LEAGUE-COUNCIL: The City Manager advised that the Virginia Municipal League Annual Conference was held in the City of Roanoke in 1979, 1985, 1991 and is scheduled to be held the Virginia Municipal League the flexibility to select one or more years between the years 1998 and 2001 in order for the City of Roanoke to serve as host City. Mr. Edwards offered the following resolution: (#32664-092595) A RESOLUTION expressing the desire of this Council that the City of Roanoke be the site for Annual Meetings of the Virginia Municipal League in one or more of the years 1998-2001. (For full text of Resolution, see Resolution Book No. 57, page 515.) ACTION: Mr. Edwards moved the adoption of Resolution No. 32664- 092595. The motion was seconded by Mr. White and adopted by the following vote: 445 AYES: Council Members McCadden, Parrott, White, Wyatt, i! Ed~vards and Mayor Bowers --6. NAYS: Nono ..... -0. (Council Member Bowies was absent.) BUDGET-NEIGHBORHOOD ORGANIZATIONS-HOUSING/ AUTHORITY-GRANTS: The City Manager submitted a written report advising that since 1992, the City of Roanoke has received an annual allocation of HOME funds from the U. S. Department of Housing and Urban Development (HUD), with 18 per cent of the funds required to be set aside for housing projects which are undertaken by a Community Housing Development Organization (CHDO); Council approved execution of an .ag.?ment with Northwest Neighborhood Environmental Organization, Inc. (NNEO), a CHDO, for funding the rehabilitation of properties located at 802 and 807 Gilmer Avenue, N. W., utilizing HUD funds available from the 1992 allocation of HOME funds, pursuant to Resolution No. 31572-071293, adopted on July 12, 1993; and $6,856.00 remains available in the City's 1994 HOME allocation, which is required to be set aside for eligible CHDO project expenses. I It was further advised that the Northwest Nei.g..h.b.o. rhood Environmental Organization, Inc., has completed rehabd,tation of properties located at 802 and 807 Gilmer Avenue, N. W., and has consequently sold the properties to eligible individuals; NNEO experienced unexpected budget over-runs on 802 Gilmer Avenue, N. W., in the amount of $15,123.82, and on 807 Gilmer Avenue, N. W., in the amount of $1,221.50, during the rehabilitation phases of the projects; property settlement statements document that there was a total of $2,901.33 available for NNEO to rscapturs to apply toward additional costs, ($1,788.51 for 802 Gilmer Avenue, N. W. and $1,112.82 for 807 Gilmer Avenue, N. W.) after the private lending institution and developer's fees were deducted; NNEO obtained a grant from Allstate Insurance Co. and applied $7,070.00 in grant funds toward additional costs; NNEO has requested $6,374.00 from the City's HOME CHDO funds for reimbursement for the remaining HOME eligible expenses directly related to the project's cost over-runs for 802 Gilmer Avenue, N. W.; and Amendment No. 2 is necessary to the 802 and 807 Gilmer Avenue, N. W. project agreement to increase NNEO's HOME-funded budget by $6,374.00, for a new total of $86,694.00. 446 ACTION: ACTION: The City Manager recommended that Council authorize the City Manager, or the Assistant City Manager, and the City Clerk to execute and attest, respectively, Amendment No. 2 to the HOME Grant Agreement between the City and Northwest Neighborhood Environmental Organization, Inc., for the 802 and 807 Gilmer Avenue, N. W. project, to be approved aa to form by the City Attorney; and transfer $6,374.00 in HOME funds from 1994 HOME CHDO, Account No. 035-062-5302-5238, to HOME NNEO, Account No. 0354)52-5302-5242. (For full text, sea report on file in the City Clerk's Office.) Mr. McCaddan offered the following emergency budget ordinance: (~32665-092595) AN ORDINANCE to amend and reordain certain sections of the 1995.96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 516.) Mr. McCaddan moved the adoption of Ordinance No. 32665- 092595. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members McCadden, Parrott' White, Wyatt, Edwards and Mayor Bowers ...-5. NAYS: Nor= (Council Member Bowies was absenL) Mr. McCadden offered the following resolution: (~t32666-092595) A RESOLUTION authorizing Amendment No. 2 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. 57, page 517.) Mr. McCadden moved the adoption of Resolution No. 32666- 092695. The motion was seconded by Mr. Parrott and adopted by the following vote: 447 AYES: Council Members McCaddan, Parrott, White, Wyatt, j~ Edwards and Mayor Bowers 6. NAYS: None .... -0. (Council Member Bowies was abssnL) LEGISLATION-PLANNING-GRANTS-FiFTH PLANNING DISTRICT COMMISSION: The City Manager submitted a written report advising that the 1995 Session of the Virginia General Assembly changed sections of the Code of Virginia which pertain to the organization and operation of planning district commissions, and renamed the section (Section No. 15.1-1400.-1416.1) the Regional Cooperation Act; an amendment to the Fifth Planning District Commission's Bylaws was approved by the Commission on July 27, 1995; some of the approved Bylaws changes require corresponding changes to the Commission's Chartsr Agreement; and primary reasons for the proposed changes to the Bylaws and the Charter Agreement are as follows: Recognition that the Fifth Planning District Commission's authority now arises from the Regional Cooperation Act adopted by the 1995 General Assembly and confo~,~tance with related changes to the Code of Virginia. Permit the Commission Chair and Co-Chair to serve for two consecutive two-year terms which would allow continuity of leadership for initiatives undertaken that extend beyond a two-year period (current term is for two years only). Elimination of the unnecessary charter provision regarding the specific designation of an Executive Committee; and creation of the Executive Committee is handled in the Commission's Bylaws. It was further advised that amendment of the Fifth Planning District Commission's Charter Agreement requires participating governmental subdivisions to adopt resolutions concurring in the proposed amendments to the Charter Agreement. I 448 ACTION: The City Manager recommended that Council approve resolution in support of amendments to the Charter Agreement of the Fifth Planning District Commission. {For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following resolution: (tV32667.092595) A RESOLUTION approving certain amendments to the charter of the Fifth Planning District Commission. (For full text of Resolution, see Resolution Book No. 57, page 518.) Mr. Edwards moved the adoption of Resolution No. 32667- 092595. The motion was seconded by Mr. McCedden and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Edwards and Mayor Bo~vere .... -6. NAYS: None (Council Member Bowles was absent.) I PARKS AND RECREATION-FIRST UNION NATIONAL BANK: The City Manager submitted a written report advising that payment by credit card is a growing trend in the leisure services industry, with studies indicating that acceptance of credit cards for payment of recreational services can enhance overall revenues; and First Union Bank has submitted a proposal for processing VISA and MASTERCARD transactions at a discount rate of 3.04 per cent. It was further advised that the City will be charged miscellaneous unbundled authorization fees, installation and training fees, and research fees, with authorization fees no,,,,ally $0.15 per electric authorization; installation and training should be a one-time charge; research fees are charged when "problem" transactions require investigation; the City will be required to indemnify First Union with regard to claims against First Union as the result of negligence or willful misconduct of City employees; the proposal allows integration of credit card processing into financial services currently being provided to the City by First Union; the Parks and Recreation Department will be billed monthly by First Union for the appropriate 449 fees for tranasc'dona processed; and Section 58.1-3013 of the Code of i Virginia, (1950), as amended, provides that the governing body of a City may authorize the Treesursr to accept payment of fees by use of a credit card. The City Manager recommended that Council authorize the Parks and Recreation Department to accept credit cards for payment of services; and authorize the City Manager to enter into an agreement with First Union National Bank for providing ViSA/MASTERCARD transaction processing. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (ft32688-092595) A RESOLUTION authorizing the Department of Parks and Recreation to accept credit cards for payment of services to customers, and aulhoHzing the City Manager to enter into an agreement for such transaction processing upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 57, page 519.) I ACTION: Ma. Wyatt moved the adoption of Resolution No. 326684)92595. The motion was seconded by Mr. McCeddan and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Edwards and Mayor Bower~ ----6. NAYS: None ...... -0. (Council Member Bowles was absenL) BUDGET-TRAFFIC-BONDS/BOND ISSUES-SIDEWALK/CURB AND GuI-rER-STATE HIGHWAYS-PUBLIC WORKS-STREETS AND ALLEYS: The City Manager submitted a written report advising that the intersection of Hershberger Road and Florist Road, N. W., is a location that is justified for signalization in Roanoke County as dete,,-,,ined by the Virginia Department of Transportation (VDOT); and the intersection lies within Roanoke County, as does Hershberger Road to the east and Florist Road to the north, with Hershberger Road to the west and Florist Road to the south located in the City of Roanoke. 450 ACTION: It was further advised that VDOT has proposed a cost-sharing arrangement by which VDOT, Friendship Manor and the City of Roanoke would each pay one-third of VDOT's estimated $66,000.00 installation cost, with VDOT to maintain the traffic signal; funding for the City's share of $22,000.00 can be provided by the Streets and Sidewalks category of the 1996 Bond Issue, which included $500,000.00 for new baltic signals; it is the City's intent to reimburse front-funding with bond funds upon issuance of lira 1996 bonds; and Section 1.150-2 of the Internal Revenue Service regulations require that the City declare its intent to reimbume itself $22,000.00 from the proceeds of its 1996 General Obligation bonds. The City Manager recommended that Council concur in the following actions: Authorize the transfer of $22,000.00 from Account No. 008- 052-9701-9191, Series 1996 Public Improvement Bonds - Streets and Sidewalks, to Account No. 008-052-9561-9065, Traffic Signals - Installation of New Signals. Adopt the appropriate resolution indicating the City's intent to reimburse front-funding with bond proceeds upon sale of 1996 bonds. Adopt the appropriate resolution indicating to VDOT that the City will participate in one-third of the cost of the traffic signal project, not to exceed $22,000.00, to be paid following completion of the projecL (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following emergency budget ordinance: {ff32569-092595) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 520.) Mr. Edwards moved the adoption of Ordinance No. 32569-092595. The motion wes seconded by Mr. Parrott and adopted by the following vote: 451 AYES: Council Members McCadden, Parrott, White, Wyatt, i Edwards and Mayor Bowers --6. NAYS: None (Council Member Bowies was absent.) Mr. Edwards offered the following resolution: (#32670-092595) A RESOLUTION expressing the intent of the City of Roanoke to participate, under certain terms and conditions, in a traffic signalization project to be constructed by the Virginia Depau~,~nt of Transportation at the intersection of Hershberger Road, N.W., and Flodat Road, N. W., in the County of Roanoke. (For full text of Resolution, see Resolution Book No. 67, page 521.) ACTION: Mr. Edwards moved the adoption of Resolution No. 32670- 092595. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Edwards and Mayor Bowers ---6. NAYS: Nono ......... (Council Member Bowies was absenL) Mr. Edwards offered the following resolution: (#32671-092595) 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 the traffic signalization et the intersection of Hershberger Road and Florist Road, N. W., in the City of Roanoke; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 57, page 622.) ACTION: Mr. Edwards moved the adoption of Resolution No. 32671- 092595. The motion was seconded by Mr. Pa~.ott and adopted by the following vote: 452 AYES: Council Members McCadden, Parrott, White, Wyatt, Edwards and Mayor Bowers .---6. NAYS: Noc.= ...... -0. (Council Member Bowies was absent.) Mr. White inquired if the traffic signal will have an impact on the Hildebrand Road area; whereupon, the City Manager advised that he would investigate the matter and advise Mr. White accordingly. BUDGET-SEWERS AND STORM DRAINS-PUBLIC WORKS- WATER RESOURCES-EQUIPMENT: The City Manager submitted a written report advising that on October 16, 1992, six bids were received for Carvins Cove Filter Plant Improvements, Phase I, with Crowder Construction Co., having submitted the Iow bid in the amount of $12,682,280.00 and 730 consecutive calendar days to complete the work, and Council approved the contract with Crowder Construction Co., pursuant to Ordinance No. 31247-111692, adopted on November 16, 1992. It was further advised that to date, eight change orders have been approved, for a contract to.tal of $13,810,271.$2 and 805 consecutive calendar days; in complying with new soil and erosion control regulations, the smaller of two settling basins used for settling and storing filter backwash water was removed and a new larger storm water retention basin was constructed; the new basin was constructed large enough for storm water retention and backwash water detention; and the Department of Environmental Quality has informed the City that before the basin can be used for backwash water detention, an approved liner must be installed; whereupon, the City Manager recommended approval of Change Order No. 9 which consists of the following: Two bids were received by Mattem & Craig, Inc., to provide and install an. .acceptable High Density Polyethylene (HDPE) 60 m,I I,ner: Crowder Construction Co. (Crowder is an approved installer.) $120,000.00 Grundle Manufacturing Co. 167,120.00 (Grundle manufactures and installs the membrsne) I 453 Six foot chain link fence around abovedescribed basin as required by . regulations, with the fence to include tens,on wire top and bottom, concrete on posts at comers and gates - two gates required. $13,089.00 Provide and install turbidity meter, pump, enclosure, wire, conduit, and connect to SCADA main computer at Carvins Cove Control Center. 28,000.00 Provide and install two sump pumps, one on each side of the pipe gallery. (At one time there was a small drain, but it has rusted shut through the years.) 4.300.00 Total Amount of Change Order No. 9 ~165.389.00 The City Manager recommended issuance of Change Order No. 9 to the contract with Crowder Construction Co., in the amount of $165,388.69, for a total contract amount of $13,975,660.21; and authorize ~e transfer of $165,389.00 .from Account No. 0024)56-8377- 9001, Carvins Cove Water Main ...E~t. ens,on, Phase II, to Account No. 002- 056-8368-9001, Carvins Cove F,Iter Plant Improvements, Phase L (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~32672-092595) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 67, page 524.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 326724)92595. The motion was seconded by Ms. INyatt and adopted by the following vote: 454 ACTION: AYES: Council Members McCaddsn, Parrott, White, Wyatt, Edwards and Mayor Bowers ---.6. I NAYS: None ........ 4). (Council Member Bowles was abeenL) Mr. Parrott offered the following emergency ordinance: (~t326734)92595) AN ORDINANCE approving the City Manager's issuance of Change Order No. 9 to the City's contract with Crowder Construction Co. in connection with Carvins Cove Filter Plant Improvements - Phase I; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 525.) Mr. Parrott moved the adoption of Ordinance No. 326734)92595. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Edwards and Mayor Bowers J--.6. (Council Member Bowles was absent.) HOUSING/AUTHORITY.GRANTS: The City Manager submitted a written report advising that Habitat for Humanity in the Roanoke Valley, Inc., is a viable non-profit agency that constructs new houses to be sold to Iow-income families; the City has supported Habitat's previous activities by reimbursing certain costs with Community Development Block Grant funds through the Vacant Lot Homesteading Program and agreeing to return City-owned property on Cleveland Avenue, S. W., to the City's donor for redonation to Habitat; and Habitat has submitted a proposal for HOME funding for the current year to acquire the majority ora block on 10th Street, S. W., at Norfolk Avenue near Perry Park to be redeveloped for the sale of approximately 20 houses, which is an area that is currently zoned Light Manufacturing and is a highly visible site of several dilapidated buildings and debris. 455 It was further advised that pursuant to Resolution No. 32528- 062695 and Budget Ordinance No. 32527-062696, adopted on June .2.6, 1995, Council appropdeted $140,000.00 of HOME funds for the "H.a.b,tat Perry Park Project", and the Consolidated Plan adopted by Counc,I and approved by the U. S. Department of Housing and Urban Development includes the project as an activity for the current fiscal year; funding appropriated was to support "Phase One" of the project, involving the acquisition and clearance of the proper'das generally on the eastern half (10th Street side) of the block; Habitat has negotiated with a single owner to acquire all Phase One properties; and a contract has been developed by the City with Habitat for Humanity. It was further advised that HOME funds must be matched at a rate of 12.5 per cent; therefore, the match requirement for the appropriated $140,000.00 is $17,500.00; match sources include cash and in-kind contributions from non-Federal sources, including the value of zero per cent interest mortgages provided by Habitat to its homebuyers; no outlay of City funds will be needed to meet the match requirement; and the availability of matching funds will be verified and documented by the Office of Grsnta Compliance. The City Manager recommended that he, or the Assistant City Manager, and the City Clerk. be authorized to execute and attest, respectively, the agreement w~th. Habitat for Humanity in the Roanoke Valley, Inc., for the Perry Park Project, to be approved as to fo,,~ by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following resolution: (#32674-092595) A RESOLUTION authorizing the City Manager to execute a grant agreement with Habitat for Humanity in the Roanoke Valley, Inc., to provide funding for the Perry Park project, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 57, page 527.) ACTION: Mr. Edwards moved the adoption of Resolution No. 32674- 092595. The motion was seconded by Mr. McCaddan and adopted by the following vote: 456 AYES: Council Members McCadden, Parrott, White, Wyatt and Vice-Mayor Edwards -- -- .......... --5. NAYS: None ...... -0. (Mayor Bowers abstained from voting.) (Council Member Bowles was absent.) HUMAN DEVELOPMENT-FIFTH PLANNING DISTRICT COMMISSION-BLUE RIDGE COMMUNITY SERViCES-DISABLED PERSONS: The City Manager submitted a written report advising that Section 51.5-47 of the Code of Virginia (1950), as amended, provides for local governments, either singly or in combination with other localities, to establish local disability services boards, and in 1992, Council resolved to establish a regional disability services board in the Fifth Planning District. It was further advised that funds from the State Rehabilitative Services Incentive Fund (RSIF) will be allocated to disability services boards throughout the State baaed on a population formula; the Fifth District Disability Services Board has received notification that the Board will ..be allocated $25,290.00 from the RSIF upon acceptance of a formal apphcation, which application was submitted to the State by the Board on April 28, 1995; each of the participating agencies will provide local matching funds for the grant, with no local match to be required; the Disabilities Services Board solicited proposals for use of the funds prior to completing the application, which led to receipt and review of seven proposals; and the Board anticipates that the following agencies will receive funding: Easter Seal Society (Bogardus Project) $ 4,450.00 Blue Ridge Independent Living Center (Family Support and Peer Counseling) 20,840.00 It was explained that a fiscal agent is needed to administer the funds on behalf of the F;;'~;~ Planning District Disability Services Board; and a formal agreement between the participating localities establishing the Fifth Planning District Disability Services Board must be executed by all participating jurisdictions. 457 The City Manager recommended that Council authorize the Mayor ,I to execut~e, the J.o. int ..E~..emiee of Powers Agreemen. t for the. Fifth Planning D,stfict Dmabihty Services Board and authorize the Director of Finance to serve as fiscal agent for the Fifth Planning District Disabilities Services Board. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#32675-092595) A RESOLUTION authorizing the Mayor to execute the Joint Exercise of Powers Agreement for the Fifth Planning District Disability Services Board; and designating the Director of Finance as the fiscal agent for the Fifth Planning District Disability Services Board. (For full text of Resolution, see Resolution Book No. 57, page 528.) ACTION: Mr. Parrott moved the adoption of Resolution No. 32675-092595. The motion was seconded by Ms. Wyatt and adopted by the following vote: I! AYES: Council Members McCadden, Parrott, White, att, Edwards end Mayor Bowers -6. NAYS: Non... (Council Member Bowies was absenL) BUDGET-HUMAN DEVELOPMENT-CMERP-YOUTH-JUVENILE CORRECTIONAL FACILITIES: The City Manager submitted a written report advising that the City of Roanoke receives funds from the Department of Youth and Family Services to administer a Family Oriented Group Homes (FOGH) program for local children in need of therapeutic residential placement while remaining in their parents' custody, which is administered through the Crisis Intervention Center; the United States Department of Agriculture (USDA) provides funding through the V~rginia Department of Youth & Family Services to enhance the food service program of Crisis Intervention Center (Sanctuary), Youth Haven I and the Juvenile Detention Home; the USDA has allowed funds not spent at the end of the fiscal year to be carried forward to the 458 next fiscal year; and U. S. Department of Agriculture funds for the fourth quarter fiscal year 1994.95, and first, second, third ~.nd fourth qua~ere of fiscal year 1994-95 have been received by the City for the facihtias, as follows: Actual Revenue Received Expenditures Carry Over & Encumbrances for 1995-96 Crisis Intervention Center $ 8,850.00 $ 1,069.00 Youth Haven I 3,374.00 2,860.00 Juvenile Detention Home 35.979.00 ~ $ 48,203.00 $25,281.00 $ 7,781.00 514.00 $22,922.00 It was explained that year-end unobligated balance for the Family Oriented Group Home program for fiscal year 1994-95 was $50,920.00; Section 16.1.322 of the Code of Virginia (1950), as amended, authorizes localities to carry forward unspent balances at fiscal year-end to be utilized for juvenile programs; U. S. Department of Agriculture year-end unobligated balance for the three juvenile programs for fiscal year 1994-95 was $22,922.00; and Department of Youth and Family Services policy allows !ocalifias to carry forward unspent balances at fiscal year- end to be util,zed for juvenile programs. The City Manager recommended that Council appropriate $50,920.00 to be used by the Sanctuary FOGH Program, Account No. 001-054-3361-3160, and appropriate $22,922.00 to be used by the three juvenile programs, as follows: United States Department of AQricultur~ Account No. 001-054-3360-3000 Account No. 001-054-3350-3000 Account No. 001-054-3320-3000 $ 7,781.00 514.00 14 627.00 $22,922.00 {For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency ordinance: budget ! 459 (f/32676-092595) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 529.) ACTION: Mr. McCadden moved the adoption of Ordinance No. 32676- 092595. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Edwards and Mayor Bowers .---6. NAYS: None (Council Member Bowles was absent.) DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of August 1995. I! (For full text, see financial report on file in the City Clerk's Office.) ACTION: Without objection by Council, the Mayor advised that the financial report would be received and filed. REPORTS OF COMMITTEES: TRAFFIC-BONDS/BOND ISSUES-PUBMC WORKS-CAPITAL IMPROVEMENTS PROGRAM-STREETS AND ALLEYS: 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 widening Hollins Road and installation of new traffic signals at the intersection of Hollins R..oad and Old .M. ountain Road, N. E., recommending that Council authorize the C,ty Manager to execute a unit price contract with S. I~ Draper Paving Co., in the amount of $84,279.00, with a project contingency of $8,000.00; and reject all other bids received by the City. 460 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. Parrott offered the following emergency ordinance: (#32677-092595) AN ORDINANCE accepting the bid of S. R. Draper Paving Co., for the widening of Hollins Road and installation of new traffic signal system at the intersection of Hollins Road and Old Mountain Road, N. E., upon certain ta~,~-rs 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. 57, page 530.) Mr. Pan'ott moved the adoption of Ordinance No. 32677-092595. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Edwards and Mayor Bowers ..... -6. NAYS: None (Council Member Bowles was absent.) BUDGET-BONDS/BOND ISSUES-BRIDGES-PUBLIC WORKS- NORFOLK SOUTHERN CORPORATION: Council Member White, Chairperaon of the Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for rehabilitation of Wasena Bridge over Norfolk Southern Railway and Roanoke River, recommending that Council approve the following actions: Autho~ze the City Manager to execute a unit price contract with Lanford Brothers Co., Inc., for rehabilitation of Wasena Bridge ( No. 1822) over Norfolk Southern Railway and Roanoke River, in the amount of $1,031,656.00, and authorize a project contingency of $100,000.00. 461 Authorize the City Manager to execute an agreement with Norfolk So.u?em Railway for watchmen and flagging protection, in the amount of $4,990.00. Appropriate $1,136,646.00 from anticipated 1996 bond proceeds to a new account to be established by the Director of Finance in the Capital Projects Fund entitled, "Wasena Bridge Rehabilitation." Adopt a resolution indicating the City's intent to reimburse itself in the amount of $1,136,646.00 from anticipated 1996 general obligation bond proceeds to be issued pursuant to Ordinance No. 32131-080894, adopted on August 8, 1994. 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.) I! Mr. Parrott offered the following emergency budget ordinance: (#32678-092595) AN ORDINANCE to amend and rsordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 531.) ACTION: Mr. Pa~ott moved the adoption of Ordinance No. 32678-092595. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members McCedden, Parrott, White, Wyatt, Edwards and Mayor Bowers ~--6. NAYS: None (Council Member Bowies was absent.) l! 462 ACTION: ACTION: Mr. Parrot offered the following emergency ordinance: (#32679-092595) AN ORDINANCE accepting the bid of Lanford I Brothers Co., for Wassna Bridge Rehabilitation over Norfolk and Western Railway Co., upon certain terms and conditions, and awarding a contract theref~, 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 enter into an agreement on behalf of the City with Norfolk and Western Railway Co. for watchmen and flagging protection during such bridge renovation; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 57, page 532.) Mr. PmTOtt moved the adoption of Ordinance No. 32679-092595. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Edwards and Mayor Bowers ---6. NAYS: Nono ....... -0. (Council Member Bowies was absent.) I Mr. Parrott offered the following resolution: (#32680-092595) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bends authorized to be issued pursuant to Ordinance No. 32131-080894, adopted August 8, 1994, for certain expenditures in connection with the Wssena Bddge Rehabilitation, in the City of Roanoke; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 57, page 534.) Mr. Parrott moved the adoption of Resolution No. 32680-092595. The motion was seconded by Mr. White and adopted by the following vote: 463 AYES: Council Members McCadden, Parrott, White, Wyatt, Edwards and Mayor Bowers 6. NAYS: Nono ..... -0. (Council Member Bowles was absent.) UNFINISHED BUSINESS: None, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PURCHASE/SALE OF PROPERTY-CITY PROPERTY-WATER RESOURCES: Ordinance No. 32656 authorizing the City Manager to execute the necessary documents providing for the sale of City-owned property located at 120, 122 and 124 West Campbell Avenue to Lagniappe, L_L.C., for the sum of $85,000.00, upon terms and conditions more particularly set forth in a report of the City Manager and attachments dated September 11, 1995, having previously been before the Council for its first reading on Monday, September 11, 1995, 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: (ff32656-092595) AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the sale and conveyance of property owned by the City and located at 120, 122 and 124 West Campbell Avenue, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 57, page 503.) ACTION: Mr. Edwards moved the adop'don of Ordinance No. 32656-092595. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Edwards and Mayor Bowers .... -6. NAYS: Non0 (Council Member Bowles was absent.) It 464 ACTION: ZONING: Ordinance No. 32657 amending certain conditions proffered in the rezoning of a tract of land located ~ 1910 Mc. Vitty Road, i S. W., designated as Official Tax No. 5100809, havmng pre~nously been before the Council for its flint reading on Monday, September 11, 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: (#32657-092595) AN ORDINANCE to amend Sections 36.1-3 and 36.1-4, 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. (For full text of Ordinance, see Ordinance Book No. 57, page 504.) Mr. McCadden moved the adoption of Ordinance No. 32657- 092595. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Edwards and Mayor Bowem ---6. NAYS: Nor..= (Council Member Bowies was absenL) ZONING: Ordinance No. 32658 rezoning a tract of land containing 5.44 acres, located at 2941 Peters Creek Road, N. W., described as Official Tax No. 6410103, from RS-3, Residential Single- Family District, to C-2, General Commercial District, and C-1, Office District, subject to certain conditions proffered by the petitioner contained in the Seconded Amended Petition filed in the Office of the City Clerk on August 9, 1995, having previously been before the Council for its first reading on Monday, September 11, 1995, read and adopted on its first reading and laid over, was again before the body, Mr. Parrot offering the following for its second reading and final adoption: (#32658-092595) AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 641, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 57, page 505.) I 465 ACTION: ACTION: Mr. Pan, ott moved the adoption of Ordinance No. 326584)92595. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Edwards and Mayor Bowers .... -6. NAYS: None (Council Member Bowies was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: BUILDINGS/BUiLDING DEPARTMENT-COUNCIL-LEGISLATION- HOUSING/AUTHORITY: Council Member Parrott referred to an article which was published in the Sunday, September 24, 1995, edition of The Roanoke Times in regard to problems associated with substandard housing, and requested that the City Attorney advise if there is a need for the City to adopt additional enforcement measures and whether or not Federal rules and regulation interfere with the City's enforcement efforts. SCHOOLS-ACTS OF ACKNOWLEDGEMENT: Mr. McCadden advised that he recently attended an activity in honor of graduates of Harrison High School at which time six graduates were present, all well within the age group of 80 years. He stated that they were most appreciative of 9;;'.~ that he presented on behalf of the City of Roanoke. He advised that he would like to insure that graduates of Harrison High School are remembered in the same manner as Jefferson High School graduates because they are also a part of the Roanoke community. Without objection by Council, the Mayor advised that the remarks of Mr. McCadden would be received and filed. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. 466 ACTION: ACTION: At 5:25 p.m., the Mayor declared the meeting in recess. At 5:40 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 Vice-Mayor Edwards who left the meeting during the Executive Session and Council Member Bowies. (Vice-Mayor Edwards 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 bom open n'~-c~ing 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. INyatt and adopted by the following vote: AYES: Council Members McCedden, Parrott, White, Wyatt, and Mayor Bowers ........................................ 5. NAYS: Nono (Vice-Mayor Edwards and Council Member Bowies were absent.) OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that there is a vacancy on the Fair Housing Board created by the resignation of George A. McLean, Jr., and called for nominations to fill the vacancy. Mr. McCadden placed in nomination the name of S. Elaina Loritts- Duckett. There being no further nominations, Ms. Loritts. Duckett was elected as a member of the Fair Housing Board, for a term ending March 31, 1998, by the following vote: FOR MS. LORITTS-DUCKETT: Council Members McCadden, Parrott, White, Wyatt and Mayor Bowers ................................... 5. (Vice-Mayor Edwards and Council Member Bowies were absent.) 467 ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that the term of James O. Tm.ut as a Commissioner of the City of Roanoke Redevelopment and Hous, ng Authority expired on August 31, 1995, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of James O. Trout. There being no further nominations, Mr. Trout was reelected as a Commissioner of the City of Roanoke Redevelopment and Housing Authority, for a term ending August 31, 1999, by the following vote: FOR MR. TROUT: Council Members McCadden, Parrott, White, Wyatt and Mayor Bowers .............................. 5, (Vice-Mayor Edwards and Council Member Bowles were absent.) COMMITTEES-TOTAL ACTION AGAINST POVERTY: The Mayor advised that the two-yssr term of Elizabeth T. Bowles as the City of Roanoke's representative to the Total Action Against Poverty Board of Directors expired on August 31, 1995, and called for nominations to fill the vacancy. Mr. McCadden placed in nomination the name of Elizabeth T. Bowles. There being no further nominations, Mrs. Bowles was reelected as the City of Roanoke's representative to the Total Action Against Poverty Board of Directors, for a tern, ending August 3t, 1997, by the following vote: FOR MRS. BOWLES: Council Members McCadden, Parrott, White, Wyatt and Mayor Bowers ........................................ -5. (Vice-Mayor Edwards and Council Member Bowles were absent.) COMMITTEES-ROANOKE CMC CENTER: The Mayor advised that the term of Delvis O. McCadden ss Council's liaison representative to the Roanoke Civic Center Commission expired on August 31, 1995, and called for nominations to fill the vacancy. M~:. Parrott placed in nomination the name of Delvis O. McCadden. 468 There being no further nominations, Mr. McCaddm~ was reelected as Co. un.cil's liaison representative to the Roanoke Civic Center Commismon, for a term ending August 31, 1998, by the following vote: i ACTION: FOR MR. MCCADDEN: Council Members McCsdden, Parmtt, White, INyatt and Mayor Bowers .......... 5. (Vice-Mayor Edwards and Council Member Bowies were absenL) ACTION: COUNCIL-NATIONAL LEAGUE OF CITIES: Mr. Parrott moved that the City Attomey be requested to prepare the proper measure designating Mayor Bowers as Voting Delegate and Council Member Bowles as Alternate Voting Delegate to the Annual Business Session of the National League of Cities to be held on Saturday, December 2, 1995, in Phoenix, AHzon~ The motion was seconded by Ms. Wyatt and adopted. There being no further business, the Mayor declared the meeting adjourned at 5:45 p.m. APPROVED ATTEST: Mary F. Parker David A. Bowers City Clerk Mayor 469 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL October 16, 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, October 16, 1995, at 3:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reoular Meetinas, 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. Bowies, John S. Edwards, Deivis O. McCadden, John H. Parrott and Mayor David A. Bowers ...................................................... 7. ABSENT: None 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. I The mee.ting was opened with a prayer by The Reverend Robert Watts, Pastor, Greene Memorial Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. SEGREGATION/INTEGRATION-COMMITTEES-COUNCIL-CITY GOVERNMENT-AFFIRMATIVE ACTION: The Mayor presented remarks with regard to Consent Agenda Item C-2, "March of a Million Men" and Regular Agenda Item 3.b. in regard to "Diversity Enriches" billboards. (Prior to the Council mss'dng, Item 3.b was withdrawn.) He advised that it was appropriate for remarks to be made from the podium about broader concems, not only for the Roanoke community but for the nation as a whole, especially given the news during the past two weeks about certain racial divisions in the country. The Mayor presented the following remarks: "Ladies and Gentlemen, I wanted to discuss, with the pleasure of Council, before we begin the formal meeting, in particular the Consent Agenda, two items that are on our agenda today. I am specifically referring to the 47O item involving the Million Man March 'and the item regarding the diversity issue. First of all, let me say that I do have correspondence from Bishop Light indicating that the matter involving the diversity issue will be withdrawn from Council's agenda. On both of these matters, I think the Council will probably take action only to receive and file both correspondences. Having said that, I thought it might be wise, and after discussions with the Members of Council, that something perhaps ought to be said from this podium about what really are broader concerns, not only for this community, but also for our Nation. Given the news over the last week or two about certain racial divisions in our country, which none of us want to see, which none of us shall seek to encourage, we must be about the business, whether you are a community leader, a government leader, the media, or a citizen, to encourage the dialogue among many different citizens in our community and in our Nation, bringing together and the coming together of our citizens. It doesn't really matter, I don~ think, whether Council votes one way or the other on some of these issues, whether we endorse one thing or another. It's really not addressing the problem by just our endorsement or our vote. I don't know if that's really addressing greater social concerns that, I think, are in some ways causing all of us to question what America is about these days. Let me say that I don't believe there's any question that the City of Roanoke is resolved to respect all individuals of any race, of any sex, of any creed, or of any color. I think it is safe to say also that the City of Roanoke is resolved to standing against any form of discrimination. We want to do the right thing, we want to do the positive thing; and as these issues come forward, it's with that in mind that City Council, I think, in our government, should seek to bo facilitators in a community-wide dialogue to continue this effort that is obviously constant democratic, and I use that as a little "d", "democratic," effort in our democracy. It's the citizens effort to bring our citizens together. I must tell you when I go to the public high schools these days, I'm pleased to see in schools where I once went to a segregated school in the City of Roanoke, I'm pleased to see 25 years later, young people of many nationalities. In fact during the last year, the Members of City Council and 471 I took an i.nformal listing and we cams up with over 25 known nationalities that now live in our City. It's not just white and black anymore, we are the whole spectrum of nationalities and colors here in Roanoke. We have become, over the last 25 years, not just a segregated society, but in some ways an integrated and cosmopolitan society. We have a long way to go, but we've come a long way. So to those who are bom Lebanon, Vietnam, Greece or from Turkey, those who are from China or Japan, or those who are of black origin in this country or native American origin, and those of us who are Irish or German, or of other white nationalities, we all must seek to live among ourselves in peace, harmony and understanding. I think that's the approach, ladies and gentlemen, that is a sensitive approach to these issues, these social issues that are gripping this nation more so than really our community at this time. It seems to be more of a national interest, than here in Roanoke. But let's not forget that we're part of a nation and that we need to do our part, too. I think, and I submit to you, Members of Council, that fair- minded, reasonable, moderate citizens can agree on the p.rinciplss that i've su.g. gested to you today. We ha..ve this diversity issue that w~ll be withdrawn from Council. I will msrely ask that the matter be received and filed. We also have the Million Man March, and I know that perhaps I'll invite Members of Council to speak on either of these issues or anything that I've said in just a moment. The Million Man March can be a very positive influence in our country. We do not endorse any kind of anti-Semitic, anti- Catholic, anti-white, or anti-woman positions endorsed by anyone, in any march. But, we want to be a part of, and we want to contribute to, and we want to support those things that are positive in our Nation and positive in our community. As a facilitator, as we look at this issue, I think again, not with that greater concern of any divisiveness in Roanoke, because as I see it, I don't really see that much of it. But in the nation at-large, I do. I still think Roanoke should do its part, and so I would like to ask Council to join me in requesting that the City Manager refo~,t~ulate the Community Relations Task Force. That's an organization that has served ad hoc from time to time to deal with such issues here in our community, and perhaps it is appropriate that they corns forward again to discuss 472 these issues, or any other issues dealing with human relations in our community, and report back. We may not be able to solve the nation's problems from this level, but we can certainly do what we can to address our own concerns. Thank you for allowing me to say that, Members of Council; and rd be pleased to recognize any Member of Council for any further comments." Council Member McCaddan presented a joint communication on behalf of himself and Council Member White advising that October 16, 1995, is an unprecedented day in American history when America's African-American man will march on Washington in order to enlighten themselves as to their responsibilities to their families, to their community, and to their country. (For full text, see joint communication on file in the City Clerk's Office.) Messrs. McCaddan and White further advised that although they could not be with their fellow African-American brothers, their thoughts are with those who are marching in Washington and with those who are at home helping to shock America's African-American communi~es into responsibility. Ma. £veiyn D. Bethel, 38 Patton Avenu®, N. £., adviaad that her _ heart was heavy ss she hstsnod to such gr~nd and glorious words; however, she ststsd that she would like to remind Council of the insidious nature of passive racism that could be considered quite evident in the City Council Chamber today as evidenced by the manner in which photographs of the former Mayors of Roanoke are displayed. At 3:30 p.m., the Mayor declared the meeting in recess. At 3:40, the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. The Mayor requested that the City Manager reinstate the Community Relations Task Force, and Council Member White requested information with regard to composition of the task force and the method of appointment of additional members. 473 PRESENTATIONS: HEAL.T.H DEPARTMENT-ACTS OF ACKNOWLEDGEMENT: Robert W. H,cks, Director, Office of Environmental Health Services, Commonwealth of V~rginia, advised that two years ago the General Assembly requested that a pilot program be established whereby restaurants would be judged more stringently on food handling, preparefion and serving, which program was designed to insure that food is safe with little risk of food borne illness; therefore, a pilot program was established in which Roanoke City along with Henrico and Fairfax Counties participated. He explained that the Silver Platter Awards recognize those restaurants that successfully completed and met the challenges of the program. Certificates of Compliance were presented to the following restaurants that participated in and completed the program: Texas Steak House Kenny Rogers Roasters - Valley View Shaker's Awful Arthurs The Jefferson Club Hunter's Grill Plaques were presented to the following restaurants that met all program criteria: Parker's Seafood Raleigh Court Health Care Center The Park - Oak Grove The Roanoker Restaurant DJ's Brazzerie Chi Chi's Brandon Oaks Roanoke Airport Maniott Morrison's Cafeteria The Olive Garden The Red Lobster 4.7 4 ACTION: ACTION: CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be murine 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 City Council held on Monday, August 14, 1995, and Monday, August 28, 1995, 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 White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ................ 7. NAYS: None ....... -0. OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: A report of qualification of R. Matthew Kennell as a member of the Roanoke Arts Commission 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. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ................ -7. NAYS: None REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: '1 475 ANNUAL REPORTS-D~. WNTOWN ROANOKE, INCORPORATED: Lawson, Jr., President, Downtown Roanoke, Incorporated, Robert C. presented the Annual Report of Downtown Roanoke, which provides insight into the many programs, initiatives and activities that were undertaken and implemented during the past year and also highlights long term successes. He advised that 1995 was a special year for Downtown Roanoke which is celebrating 35 years of continuous service to members and businesses in the downtown area, and the organization is Iooldng fonvard to the future with its community driven plan entitled, "Outlook Downtown Roanoke", which is intended to focus on maintaining the successes of a vital and growing downtown. He presented an audio/visual tape highlighting Downtown Roanoke's achievements. Without objection by Council, the Mayor advised that the 1995 Annual Report would be received and filed. HOUSING/AUTHORITY: Mr. H. Joel Kelly, 3038 Melrose Avenue, N. W., addressed Council with regard to housing concerns, and called attention to numerous projects and programs relative to housing which have been undertaken by the City over the years. He noted that Roanokels housin..g stock is growing older, therefore, a review of the City's. programs appears to be in order to address VanOus studies and specific time frames and to establish a course of action for the future. He expressed surprise that the City does not have a master plan in regard to housing, and volunteered his services to coordinate and/or facilitate a master plan. Without objection by Council, the Mayor advised that Mr. Kelly's remarks would be received and filed and that the City Manager be requested to brief Mr. Kelly on the City's efforts to date in regard to housing issues. COMPLAINTS-PUBLIC WORKS-CITY EMPLOYEES: Mr. James A. Croan, 1222 Mercer Avenue, N. E., addressed Council with regard to providing some form of exemption from payment of real estate taxes on a private walkway which is located on his property and is used by the public for access. He also requested that the City maintain the walkway so as not to cause damage to his property. He further requested removal of a tree from the alley at the rear of his property to prevent damage to a fence and to enable access to the alley. He complained about a City employee who allegedly telephoned his residence and 476 ACTION: threatened his family, and asked that Council enforce regulations prohibiting City employees from making threatening remarks to citizens. The City Manager advised that he would investigate Mr. Croan's request, which is a legal question regarding the right-of-way in front of his residence in which he has requested some form of consideration for use by the public as related to his real estate taxes. In connection with other iesuas raised by Mr. Crotn, he stated that it is the opinion of the City's Urban Forester that the tree in question is a healthy tree; the alley is a paper alley and is not officially open, but it is a recorded alley which is dedicated for that purpose; therefore, the question then becomes whether or not the alley is open and/or whether there is sufficient space for a vehicle to pass through the alleyway. Without question, he advised that if a City employee were to use a telephone number from a work order to call a citizen, that type of behavior would not be tolerated. He stated that he would investigate the concerns expressed by Mr. Crotn. Without objection by Council, the Mayor advised that the concerns expressed by Mr. Croan would be referred to the City Manager for appropriate investigation. OTHER HEARINGS OF CITIZENS: None. PETITIONS AND COMMUNICATIONS: STREETS AND ALLEYS: A communication from T. L Plunkett, Jr., Attorney, representing Comachi Corporation, advising that because of the time limitation contained in Ordinance No. 32219-111494 adopted by Council on second reading on November 14, 1994, and effective on November 24, 1994, it is requested that Council act on October 23, 1995, on his client's petition to amend the abovementioned ordinance to eliminate the requirement that a cul-de-sac be constructed at the terminus of 30th Street, N. W., within 12 months of the effective date of said ordinance, was before the body. Mr. Plunkett explained that failing to act on October 23, 1995, will result in Ordinance No. 32219-111494 becoming void and will necessitate that substantial changes be made. -! (For full text, see communication on file in the City Clerk's Office.) 477 ACTION: Mr. M .c~adden moved that Council concur in the request and that a public heanng be adve~sed to be held on Monday, October 23, 1995, at 3:00 p.m., or as soon thereafter as the matter may be heard. The motion was seconded by Mr. Parrott and unanimously adopted. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: CELEBRATIONS-VALLEY VIEW MALL-CITY EMPLOYEES: Detective Steven O. Wills, Chairperson of the Citizens Appreciation Subcommittee, presented a briefing with regard to the second Citizens Appreciation Day which was held on Saturday, September 23, 1995, at Valley View Mall. He explained that the purpose of the event was to make both the City's internal and external customers aware of City employees and the services they preform, to show appreciation to those citizens who have chosen to live in Roanoke City, and to market and promote the City and its services to those who live outside the City's corporate limits. He advised that the day-long event was a tremendous success with 23 exhibits .a. nd equipment displays which inclu.d, ed City L~bra~j, refuse collection and information OR the recychng, a free blood pressure check by Emergency Medical Services, free fingerprinting, and the Police mounted patrol unit, etc. He noted that a variety of special events was offered ranging from a fashion show in which children of City employees were models, a wheel of fortune where citizens could test their knowledge of City services, face painting for children, and a dunking booth, with profits donated to the Roanoke Rescue Mission and the Battered Women's Shelter. He noted that over 160 City employees participated in the day-long events as a sta~emant of their belief in good customer service, and presented a five- minute video summarizing the day's activities. ACTION: Without objection by Council, the Mayor advised that the briefing would be received and filed. At 4:40 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. 478 ITEMS RECOMMENDED FOR ACTION: TAXES-MAPS.GRANTS.ENTERPRISE ZONE-ECONOMIC DEVELOPMENT-ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager submitted a written report advising that 31 Virginia Enterprise Zones have been designated by the Governor under authority of the Virginia 1982 Enterprise Zone Act, Section 59.1-278, Cede of Virginia (1950), as amended; a Roanoke Enterprise Zone was designated in 1984 in the first round of competition, which resulted in seven local designations; an Enterprise Zone designation allows substantial State tax savings for businesses that locate in the zone and existing businesses that expand their woridorce; and the General Assembly amended the Enterprise Zone Act, effective July 1, 1995, thereby allowing localities the ability to have up to three enterprise zones. It was further advised that a proposed second Roanoke Enterprise Zone area has been identified and meets the criteria of the Commonwealth of Virginia for designation; a public hearing was held on September 11, 1995, to receive comments on the appropriateness of pursuing a second Enterprise Zone designation; and an application has been developed creating a package of incentives that will not only be ~Of~s.red to .businesses in the proposed zone, but will also be offered to ,dents ,n adjoining neighborhoods, il The City Manager recommended that Council adopt a resolution indicating that the area shown on the Enterprise Zone II map, dated October 16, 1995, is requested for zone designation and authorizing the City Manager to apply for such designation. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#32681-101695) A RESOLUTION authorizing the City Manager to apply to the Virginia Department of Housing and Community Development to have a certain area of the City designated as a second Enterprise Zone. (For full text of Resolution, see Resolution Book No. 58, page 3.) 't 479 ACTION: Mr. Parrott moved the adoption of Resolution No. 32681-101695. 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 BUDGET-TRAFFIC-SEWERS AND STORM DRAINS-PUBLIC WORKS-UTILITIES-WATER RESOURCES-STREETS AND ALLEYS: The City Manager submitted a written report advising that Council at its meeting on May 22, 1995, authorized execution of a City-State agreement to enable construction to begin on the Peters Creek Road Extension Project, pursuant to Resolution No. 32482-052295; the project includes additional replacement, realignment and upgrade of existing water and sanitary sewer lines that would not ordinarily have been performed as part of the roadway project, with the betterment por'don of the improvements to be at City expense; a report to Council on May 22, 1995, advised that some additional sanitary sewer and water line.s were in the process of being added to the project, with the City part;cip, ating in 100 per cent of the cost, and a change order for the work wdl be presented in the near future. It was further advised that sanitary sewer lines basically run adjacent to the roadway improvements, and replacement will reduce ground water infiltration into the sewer system; and water line replacement in Melrose Avenue at the Peters Creek Road intersection corrects an ongoing maintenance problem with several major breaks and leaks. It was explained that cost of the proposed additional work has bccn developed by the prime contractor, English Construction Co., Inc.; b~e Virginia Department of Transportation (VDOT) is seeking the City's concurrence in the additional cost; a VDOT change order has been prepared with a net increase in .the amount of $318,127.00 at 100 per cent City expense, and with a tmme extension of 38 calendar days to complete the work; and funding in the amount of $273,460.00 is available in Sewage Fund Retained Eamings and $44,667.00 is available in Water Fund Previous Years' Retained Earnings. 480 ACTION: ACTION: The City Manager recommended that he be authorized to execute a Virginia Depa,~,i,ent o..f Transportation change order on behalf of the City; and that Counc,I appropriate $273,460.00 from Sewage Fund Retained Earnings to Account No. 003-056-8472-9003 and $~.~.,667.00 from Water Fund Previous Years' Retained Earnings to Account No. 002-056-8384-9003. (For full text, see report on file in the City Clerk's Office.) Mm. Bowles offered the following emergency budget ordinance: (#32682-101695) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Sewage Treatment and Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 5.) Mm. Bowles moved the adoption of Ordinance No. 32682-101695. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ................. 7. NAYS: None Mrs. Bowles offered the following emergency ordinance: (#32683-101695) AN ORDINANCE approving the City Manager's execution of a Virginia Department of Transportation (VDOT) Change Order to VDOT's contract with English Construction Company, inc., providing for additional sanitary sewer and water lines to be included in the Peters Creek Road Extension Project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 6.) Mrs. Bowles moved the adoption of Ordinance No. 32683-101695. The motion was seconded by Ms. Wyatt and adopted by the following vote: 481 AYES: Council Members White, Wyatt, McCadden, Parrott and Mayor Bowers Bowles, Edwards, NAYS: None ........ 4). BUDGET-BONDS/BOND ISSUES-BRIDGES-PUBLIC WORKS- CAPITAL IMPROVEMENTS PROGRAM-NORFOLK SOUTHERN CORPORATION-STREETS AND ALLEYS: The City Manager submitted a written report advising that the City of Roanoke Bridge inspection Program has revealed that three additional bridge structures in the City are in need of replacement due to continuous deterioration, viz: Brambleton Avenue over Murray Run No. 1820, Peachtree Drive over Peters Creek No. 8027, and Cove Road over Peters Creek No. 8024; and engineering services are required for the three abovenamed bridges. It was further advised that a Request for Professional Services with qualifying proposals was advertised in The Roanoke Times and in The Roanoke Tribune. with Mattern & Craig, Inc., and Hayes, Seay, Mattern & Mattel, Inc., having responded in accordance with stipulations set forth in the advertisement; and following interviews which were held by the Review Committee, Mattel & Craig, Inc., was selected as the most qualified firm for the project. . The City Manager recommended that Counc, I concur in the following actions: Authorize the City Manager to execute an engineering services contract with Mattel & Craig, Inc., in the amount of $98,500.00, with a contingency of $5,000.00, for a total cost of $103,500.00, in a fo,',,, acceptable to the City Attorney. Appropriate $103,500.00 from anticipated bond proceeds, Account No. 0084)52-9701-9190, to a new account to be established by the Director of Finance in the Capital Fund entitled, "Three Bridge Replacements". Adopt a resolution indicating the City's intent to reimburse itself $103,500.00 from general obligation bond proceeds, pursuant to Ordinance No. 32131 4)80894. (For full text, see report on file in the City Clerk's Office.) 482 ACTION: ACTION: Mr. Parrott offered the following emergency budget ordinance: (~t32684-101695) AN ORDINANCE to amend and reordain certain sections of the 1996-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 7.) Mr. Parrott moved the adoption of Ordinance No. 32684-101695. The motion was seconded by Ms. INyatt and adopted by the following vote: AYES: Council Membem White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ............... 7. NAYS: None. Mr. Parrott offered the following resolution: (~32685-t01695) A RESOLUTION authorizing the execution of a contract with Mattem & Craig, Inc., to provide certain engineering services relating to the following three bridge replacement projects: Brambleton Avenue over Murray Run; Peachtree Drive over Peters Creek; and Cove Road over Peters Creek. (For full text of Resolution, see Resolution Book No. 58, page 8.) Mr. Parrott moved the adoption of Resolution No. 32685-101696. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers .................. 7. NAYS: None Mr. Parrott offered the following resolution: (#32686-t01695) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pumuant to Ordinance No. 32131-080894, adopted August 8, 1994, for certain expenditures in 483 ACTION: connection with the Brambleton Avenue over Murray Run, Peachtree Drive over Peters Creek, and Cove Road over Peters Creek bridge replacement projects, in the City of Roanoke; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 58, page 9.) Mr. Parrott moved the adoption of Resolution No. 32686-101695. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Pan'ott and Mayor Bowers .................. 7. NAYS: None. BUDGET-BONDS/BOND ISSUES-SIDEWALK/CURB AND GUTTER-STATE HIGHWAYS-BRIDGES-LANDMARKS/HIST. PRESERVATION-CAPITAL IMPROVEMENTS PROGRAM-DOWNTOWN ROANOKE, INCORPORATED-WATER RESOURCES-STREETS AND ALLEYS: The City Manager submitted a written report advising that on April 13, 1987, Council adopted Resolution Nos. 28607 and 28608, I which requested the Virginia Department of Tran..sportation (VDOT) to program projects for roadway widening and realignment to include: First Street/Gainsboro Road from Madison Avenue, N. W., to Salem Avenue, S. W., Wells Avenue, N. W., from Williamson Road to First Street, N. W., and Intersection of Orange Avenue and Gainsboro Road. It was further advised that the abovereferenced projects, which are consistent with the Roanoke Valley Area Long Range Transportation Plan, were subsequently included in VDOT's Six-Year Highway Improvement Program. 484 It was explained that Council at its meeting on October 1, 1990, pu.reuant to. Resolution No. 30254-100190, approved the location and major des,gn features of the project; and the Commonwealth Transportation Board approved the location and major design features of the proposed project subsequent to approval by Council. The City Manager advised that bids for the project were received by the Virginia Department of Transportation on August 29, 1995; the Commonwealth Transportation Board awarded a contract to Branch Highways, Inc., on September 21, 1995, in the amount of $8,390,849.84; the City needs to execute a City-Stats Agreement before VDOT will allow Branch Highways, Inc., to begin construction; the City's share of the cost for the project (preliminary engineering at five per cent, right- of-way at two per cent, and conatnJcfion at two pement) is $630, t82.23; as of June 30, 1995, the City has funded $226,420.00 toward the total of $630,182.23 for preliminary engineering and right-of-way costs, which leaves a balance of $403,762.23 needed for the City's share of the remaining estimated costs; and the following ara included within project cost as 100 per cent City expense items that would not ordinarily have been done as a part of the roadway project: additional replacement and upgrade of existing water lines ($94,968.17); four new decorative street lights on Wells Avenue between the new Gainsboro Road and existing First Street, N. W., and 20 lights to be attached to the underside of the new bridge ($89,584.74); along the north side of Gilmer Avenue, east of the new Gainsboro Road, 850 feet of new curb, gutter and brick sidewalk {$49,831.10); and Historic Gainsboro sign at the comer of Gainsboro Road and Wells Avenue identical to the sign at the comer of Wells Avenue and Commonwealth Avenue ($24,000.00). The City Manager recommended that Council concur in the following actions: 485 Authorize ~e City Manager to execute th.e. City-State I Agreement, in a form to be approved by the City Attomey, on behalf of the City. Appropriate $308,794.06, front-funded from the Streets and Sidewalks Category of the 1996 Bond Issue, Account No. 008-052-9701-9191, to Second Street/Gainsboro Road, Account No. 008-052-9547-9003. Appropriate $94,968.17 from Water Fund Previous Years' Retained Earnings to an account to be established by the Director of Finance. Adopt the appropriate resolution indicating the City's intent to reimburse front-funding with bond proceeds upon sale of the 1996 bonds. (For full text, see report on file in the City Clerk's Office.) Mm. Bowies offered the following emergency budget ordinance: · (#32687-101695) AN ORDINANCE to amend and reordain certain I sect;ons the Capital Projects and Water Fund 1995-96 Appropriat, ons, and prov, ding for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 10.) ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32687-101695. 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 ...... -0. Mrs. Bowies offered the following resolution: (#32688-101695) A RESOLUTION approving an agreement between the City and the Virginia Department of Transportation for the construction of the Second StrestJGainsboro Road (Orange Avenue, 486 ACTION: ACTION: N. W., to Salem Avenue, S. W.) Project; 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 Resolution, see Resolution Book No. 58, page 12.) Mrs. Bowles moved the adoption of Resolution No. 32688-101695. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers .................. 7. NAYS: None Mrs. Bowles offered the following resolution: (#32689-101695) 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 the Second Street/Gainsboro Road (Orange Avenue, N. W., to Salem Avenue, S. W.) Project, in the City of Roanoke; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 58, page 13.) Mrs. Bowles moved the adoption of Resolution No. 32689-101695. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ................. 7. NAYS: None BUDGET-POLICE DEPARTMENT-BUILDINGS/BUILDING DEPARTMENT-PARKS AND RECREATION-CITY SHERIFF-CITY JAIL- PUBLIC WORKS-EMERGENCY SERV)CES-CMERP-DOWNTOWN ROANOKE, INCORPORATED-FLEET MAINTENANCE FUND-CENTER IN THE SQUARE- SCHOOLS-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment 487 Replacement Program has identified various needs and contributions I for which appropriation of funds is and it is that necessa~; request.ed Council appropriate ~nds from the Capital Mantenance and Eqmpment Replacement Program to provide for the following items: Police Fencing of Storage Impound Lot Sheriff Jail Annex Project Buildin(~ Maintenance Fumitura and Equipment for Renovated Civil Defense Conference Room Resilient Surface Athletic Floor for Parks and Recreation Center In The Square Capital Funding I Downtown Incorporated .osnoke. Plann,ng Study Virginia Westem Community Colleqe Student Parking and Water Retention Facility Emer(~encv Services One Replacement Ambulance $ 12,775.00 236,562.00 15,157.00 39,000.00 $0,000.00 75,000.00 72,320.00 61.723.00 Total ~ 562.537.00 The City Manager recommended that Council appropriate $562,537.00 to the following accounts: $12,775.00 to Police Department, Account No. 001-050- 3113-9015. $236,562.00 to Jail Expansion, Capital Account No. 008- 052-9685-9003. 488 ACTION: $t5,157.00 to Building Maintenance Department, Account No. 001-052-4330 9005. $39,000.00 to Building Maintenance, Account No. 001-052- 4330-3056. $50,000.00 to Center In The Square, Account No. 001-002- 7220-3706. $75,000.00 to Downtown Roanoke, Incorporated, Account No. 001-002-7220-3766. $72,320.00 to Virginia Westem Community College, Account No. 00t-002-7220-3710. $61,723.00 to be transferred to Fleet Management, Account No. 017-052-2642-9010. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: (ft32690-101695) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General, Capital Projects, and Fleet Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 68, page 14.) Mr. McCadden moved the adoption of Ordinance No. 32690- 101695. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Bowtes, Edwards, McCadden, Parrott and Mayor Bowers .................... 7. NAYS: None BUDGET-DiRECTOR OF FINANCE-GENERAL SERVICES-CMERP- MUNICIPAL AUDITOR-CITY INFORMATION SYSTEMS-SCHOOLS- EQUIPMENT: The City Manager submitted a written report advising that the 1995-96 Capital Maintenance and Equipment Replacement Program 489 has ide. ntified the need to purchase an online purchasing system consisting of software, training and hardware, which must be co.n?uter compatible with the existing financ,al system in order to function correctly; the Roanoke City schools utilize the City's financial system and will utilize the purchasing system; and specifications were developed and Requests for Proposals were sent to ten vendors that had available software for an online purchasing system. It was further advised that one response was received from American Management Systems, Inc., which is the provider of the existing financial system; whereupon, the City Manager recommended that Council concur in the following actions: Authorize the City Manager to purchase requested software, including training and expenses for an online purchasing system, from American Management Systems Inc., at a cost of $131,250.00 and PC hardware and related equipment at a cost of $101,350.00. Appropriate $212,600.00 as follows: $111,250.00 from. Materials _C~..ntrol Prior Year Retained Earn,rigs to C,ty Information Systems, Account No. 0134)52-1602-9200, for software, training and related expenses. $101,350.00 from Materials Control Prior Year Retaine.d. Earnings Account to City Information Systems, Account No. 0134)52- 1602-9200, for PC's and related equipment. Transfer $20,000.00 from Roanoke City School Fund, Account No. 0304)60-6006-66624)821, to City Information Systems, Account No. 0134)52-1602-9200. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: 490 ACTION: ACTION: (ff32691-101695) AN ORDINANCE to amend and reordain certain School Fund Appropriations, and providing for an emergency. I! (For full text of Ordinance, see Ordinance Book No. 58, page 16.) Mr. Pan-ott moved the adoption of Ordinance No. 32691-101695. The motion was seconded by Mr. W~ite and adopted by the following vote: AYES: Council Members Wltite, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ................. 7. NAYS: None. Mr. Parrott offered the following resolution: (ft32692-101695) A RESOLUTION authorizing the execution of a contract with American Management Systems, Inc., to provide an on- line purchasing system and training for such system, upon certain te,~is and con~,;tions. (For full text of Resolution, see Resolution Book No. 58, page 18.) Mr. Parrott moved the adoption of Resolution No. 32692-101695. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ................ 7. NAYS: None.. BUDGET-HEALTH DEPARTMENT-HUMAN DEVELOPMENT-CITY EMPLOYEES-GRANTS-SEXUALLY TRANSMITFED DISEASES: The City Manager submitted a written report advising that the demand for HlVl AIDS related services is growing in Roanoke City; as of January 1999, over 600 patients sought services through the HlVlAIDS Program; the AIDS Council of Westem Virginia has provided case management services in the past to several patients within Roanoke City; and II 491 currently, the AIDS Council updated service plan states that client service, s will be phased out, with the responsibility for client services to rest m the HIV/AIDS Program at the Roanoke City Health Department. It was further advised that the Roanoke City Health Department was awarded a grant of $32,000.00 in 1993 and $35,000.00 in 1994 from the Bureau of Sexually Transmitted Disease/AiDS with the Virginia Department of Health to address case management service needs, and the grant was again awarded to the Roanoke City Health Department in the amount of $35,500.00 for 1995; and the Roanoke City Health Department has a limit on the number of full-time classified State positions in order to establish the position. The City Manager recommended that he be authorized to accept the grant from the Bureau of Sexually Transmitted Disease/AiDS with the Virginia Department of Health; and that Council appropriate $35,500.00 to the following accounts to be established in the Grant Fund, with a corresponding revenue estimate: Salaries ICMA Deferred Compensation FICA I Hospitalization Insurance Life Insurance Dental Insurance Other (travel) $26,500.00 2,340.00 2,168.00 2,100.00 54.00 110.00 2.228.00 Total $35,500.00 (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (~32693-101695) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 19.) ACTION: Ms. Wyatt moved the adoption of Ordinance No. 32693-101695. The motion was seconded by Mr. White and adopted by the following vote: 492 ACTION: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers .............. 7. ~ I! NAYS: None ....... -0. Ms. Wyatt offered the following resolution: (f/32694-101695) A RESOLUTION authorizing the acceptance of funds from the Roanoke City Health Department for the continuance of the Health Counselor position, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 58, page 20.) Ms. Wyatt moved the adoption of Resolution No. 32694-101695. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ............... 7. NAYS: None,, REPORTS OF COMMITTEES: BUDGET-SEWERS AND STORM DRAINS-INSURANCE-PUBLIC WORKS-NORFOLK SOUTHERN CORPORATION-UTILITIES- EQUIPMENT: 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 the Peters Creek Sewer Replacement Project PC-6A, and an agreement with Norfolk and Western Railway Co. to allow the City to install, maintain, operate and remove sanitary sewer pipeline across property owned by the railroad, recommending that Council approve the following actions: Authorize the City Manager to execute a unit price contract with Aaron J. Conner, General Contractor, Inc., in the amount of $194,418.00, with a project contingency of $20,000.00 and $5,000.00 for interfund billing for contract administration and inspection. 493 Appropriate $219,418.00 from Sewer F.u. nd Retained E.arnings .account estabh..shed by the to new to be Director of Finance ,n the Sewer Fund entitled, "Peters Creek Replacement PC-6A". Authorize the City Manager to execute the necessary agreement with Norfolk and Western Railway Company. 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: (~32695-101695) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 21.) ACTION: Mr. White moved the adoption of Ordinance No. 32695-101695. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Panott and Mayor Bowers .............. 7. NAYS: Not= Mr. White offered the following emergency ordinance: (~32696-101695) AN ORDINANCE accepting the bid of Aaron J. Conner, General Contractor, Inc., for the Peters Creek Sewer Replacement Project PC-6A, 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 enter into an agreement on behalf of the City with the Norfolk and 494 ACTION: Western Railway Company to allow the City to remove, replace, install, maintain,.and operate a sanita~ sewer pipeline across property owned by the re, lroad; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 68, page 22.) Mr. White moved the adoption of Ordinance No. 32696-101695. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers .............. 7. NAYS: None CITY SHERIFF-CITY JAIL-EQUIPMENT: 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 providing interior furnishings for the Roanoke City Jail Annex, recommending that Council approve the following actions: Authorize the City Manager to issue a purchase order to Harris Office Furniture Co., Inc., in accordance with contract documents as prepared by Hayes, Seay, Mattern & Mattern, Inc., in the amount of $86,856.00 and 56 consecutive calendar days to complete the work. 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 resolution: (ft32697-101695) A RESOLUTION accepting a bid of Harris Office Furniture Co., Inc., for providing and delivering the interior furnishings for the Roanoke City Jail Annex, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 58, page 24.) 495 ACTION: Mr. White moved the adoption of Resolution No. 32697-101695. I 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. MUNICIPAL BUILDING-EQUIPMENT: 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 chiller replacement in the Municipal South building, 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 Capital Boiler Works, Inc., in accordance with contract documents as prepared by Lawrence Perry and Associates, Inc., in the amount of $113,900.00, with work to be completed by May 15, 1996. I Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: (#32698-101695) AN ORDINANCE accepting the bid of Capital Boiler Works, Inc., for replacement of the chiller in the Municipal South building, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rsjeclJng all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 25.) 496 ACTION: ACTION: Mr. White moved the adoption of Ordinance No. 32698-101695. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Pan~tt and Mayor Bowers .............. 7. NAYS: Nono UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CITY CODE-CITY TREASURER-TAXES-COMMISSIONER OF REVENUE-DIVISION OF MOTOR VEHICLES: Ordinance No. 32661 amending the Code of the City of Roanoke (1979), as amended, to provide for filing, by exception, for personal motor vehicle tax returns and to provide that motor vehicle tax retums shall be filed thirty days from date of purchase of a new vehicle, and that such tax be paid within sixty days of purchase date, effective January 1, 1996, having previously been before the Council for its first reading on Monday, September 25, 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: (#32661-101695) AN ORDINANCE amending and reordaining Section 32-108, Taxpayer's retum- Generally, and subsection (5) of §32- 108.1, Proration of r)ersonal oroperbr tax ~enerally, of Article III, Tax on Tanoible Personal Pror~erty Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, to provide for the filing by exception for personal motor vehicle tax returns and to provide that motor vehicle tax returns shall be filed thirty days from date of purchase of a new vehicle, and such tax paid within sixty days of purchase date; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 58, page 1.) Mr. McCadden moved the adoption of Ordinance No. 32661- 101695. The motion was seconded by Mrs. Bowles and adopted by the following vote: 497 AYES: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ........... 7. NAYS: Non: ........ -0. VIRGINIA MUNICIPAL LEAGUE-CITY COUNCIL: Ms. Wyatt 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 Meeting of the National League of Cities to be held on November 29 through December 2, 1995: (ff32699-101695) 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. 58, page 26.) ACTION: Ms. Wyatt moved the adoption of Resolution No. 32699-101695. 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. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTION: ACTS OF ACKNOWLEDGEMENT-COUNCIL-DECEASED PERSONS: The Mayor requested that the City Attorney be instructed to prepare the proper measure expressing the sympathy of Council at the passing of James L. Tdnkle. CITY COUNCIL: Council Members engaged in considerable discussion with regard to changing the dates for City Council meetings. IF 498 ACTION: Following discussion of the matter, Mr. Parrott moved that Council meet on the first Monday of each month at 2:00 p.m., and on the third Monday at 2:00 p.m., and 7:00 p.m., respectively, with the understanding that the City Clerk will schedule luncheon meetings at 12:30 p.m., on the first and third Mondays, as necessary. Following discussion of the motion in which it was noted that if meetings are changed to the first and third Mondays, it will be necessary to relieve Ms. INyatt from her position as Council's liaison representative to the Roanoke Redevelopment and Housing Authority. Ms. Wyatt also noted that she had negotiated a contract with the school system based on Council's current meeting schedule; whereupon, it was agreed that the motion would be held in abeyance to enable Ms. Wyatt to discuss the revised schedule with appropriate school officials. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. OATHS OF OFFICE-COMMITTEES-iNDUSTRIES: The Mayor advised that the four-year term of Margaret R. Baker as a member of the Industrial Development Authority of the City of Roanoke will expire on October 20, 1995, and called for nominations to fill the vacancy. Mr. Edwards placed in nomination the name of Margaret R. Baker. There being no further nominations, Ms. Baker was reelected as a member of the Industrial Development Authority of the City of Roanoke, for a term ending October 20, 1999, by the following vote: FOR MS. BAKER: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers ......................... 7. OATHS OF OFFICE-COMMITTEES-ARCHITECTURAL REVIEW BOARD: The Mayor advised that the terms of Donald C. Harwood and Robert B. Manetta as members of the Architectural Review Board expired on October 1, 1995, and called for nominations to fill the vacancies. Mr. Edwards placed in nomination the names of Donald C. Harwood and Robert B. Manetta. 499 There being no further nominations, Messrs. Ha.r~vood and I Manette were reelected as members of the Architectural Review Board, .. for terms ending October 1, 1999, by the follo~nng vote: ACTION: FOR MESSRS. HARWOOD AND MANETTA: Council Members White, Wyatt, Bowies, Edwards, McCadden, Parrott and Mayor Bowers ........................... 7. OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING DEPARTMENT: The Mayor advised that the term of Reginald P. Church as a member of the Board of Building Code Appeals, Building Construction Division, expired on September 30, 1995, and called for nominations to fill the vacancy. Mr. Edwards placed in nomination the name of Reginald P. Church. There being no further nominations, Mr. Church was reelected as a member of the Board of Building Code Appeals, Building Construction Division, for a term ending September 30, 2000, by the following vote: ACTION: FOR MR. CHURCH: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ....................... 7. OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER: The Mayor advised that the term of James W. Stephens as a member of the Roanoke Civic Center Commission expired on September 30, 1995, and called for nominations to fill the vacancy. Mr. Edwards placed in nomination the name of James W. Stephens. There being no further nominations, Mr. Stephens was reelected as a member of the Roanoke Civic Center Commission, for a term ending September 30, 1998, by the following vote: ACTION: FOR MR. STEPHENS: Council Members White, Wyatt, Bowles, Edwards, McCadden, Parrott and Mayor Bowers ....................... 7. At 5:50 p.m., the Mayor declared the meeting in recess until 7:00 p.m. r soo At 7:00 p.m., the Council reconvened in regular session in the Council Chamber, with the following Council Members in attendance: PRESENT: Council Members White, Wyatt, Bowles, McCadden, Parrott and Mayor Bowers, - .......... -6. ABSENT: Vice-Mayor Edwards 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 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. STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adop .t~d by the C~. uncil .on Monday, April 6, 1981, the City Clerk havin,, advertised a pubhc heanng for Monday, October 16, 1995, at 7:00 p.~.", or as soon thereafter as the matter may be heard, on the request of Allen H. and June W. Camper that an undeveloped · . portion of Stephenson Avenue, S. W., beginning at its intersect,on vath Wildwood Road an.d run.n, ing for a. distance of approximately 210 feet, to its i.n. tersect,on w,th Longv, ew Avenue, S. W., be..p, ermanently vacated, d,s..c..ontinued and closed, subject to certain cond,t, ons proffered by the peti,oner, the matter was before the body. Legal adverti_se.m, ent of the public hearing was p. ublished in The ~ on Friday, September 29, 1995, and Friday, October 6, 1995. (See publisher's affidavit on file in the City Clerk's Office.) .. A report of. the City Plannin. g Commission advising that the street sect!on requested for closure ,s located between the south end or t.errmnus of Step .henso.n. Avenue and.Wildwood Road, S W.; and public right-of-way of th,s sect,on of street ,s a "paper" (undeveloped) street, ,i 501 with apo. rtion of the right-of-way currently being used as a driveway that prowdas access to the property at 2906 Stephenson Avenue, S. W., was before Council. It was further advised that the applicants are requesting the closure and vacation of the undeveloped section of public right-of-way as a means of eliminating the future possibility of Stephenson Avenue being opened and extended to Wildwood Road, S. W.; and the City Traffic Engineer has informed Planning staff that the City has no currant or future plans to open or extend the abovedascribed section of Stephenson Avenue, and the City Traffic Engineer has no objection to the requested closure. The City Planning Commission recommended approval of the request to close and vacate the abovedescribed section of Stephenson Avenue, S. W., subject to the following conditions: The applicant shall submit to the City for approval and upon such approval, shall record with the Clerk of Circuit Court, a subdivision plat, said plat to provide for the following: I disposition the land within the vacated right-of-way m a manner that precludes the creation of any land-locked lot, or the creation of a dead-end alley; 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 within the subject right-of- way; and dedication to the City of appropriate easements across Official Tax Nos. 1070603, 1070605 and 1070219, for sanitary sewer lines and surface drainage of storm water runoff, as recommended and shown on Map "B", attached to the report. 502 ACTION: If the above-cited conditions have not been met and fulfilled within a period of six months from the date of adoption of the ordinance effecting the subject closure, 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.) Allen H. Camper appeared before Council in support of his request. Mrs. Bowies moved that the following ordinance be placed upon its first reading: (#32700) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 58, page 32.) 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. 32700 was adopted, on its first reading, by the following vote: AYES: Council Members White, Wyatt, Bowles, McCadden, and Mayor Bowers ............................................... -5. NAYS: Nono (Council Member Parrott abstained from voting.) (Vice-Mayor Edwards 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, October 16, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Sonshine Christian Education Ministries, Inc., that a tract of land lying on the west side of Grandview Avenue, N. W., between Empress Drive and Mart Street, designated as Official Tax No. 2270223, be rezoned from 503 RS-3, Residential Single Family District, to C-1, Office District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal adver~esment of the public hearing was published in The Roanoke l~mes on Friday, September 29, 1995, and Friday, October 6, 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 is to permit construction of a child day care center, was before Council. The Planning Commission recommended approval of the request for rezoning, advising that the proposed use of the property is reasonable given the proximity of single family, multi-family and commercial development in the surrounding area; and development encourages appropriate infill development which is sensitive to the existing neighborhood environment as set forth in the comprehensive plan. (For full text, see report on file in the City Clerk's Office.) Keith Somers, Administrator, appeared before Council in support of the request. ACTION: Ms. Wyatt moved that the following ordinance be placed upon its first reading: (~32701) AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 227, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 58, page 34.) The motion was seconded by Mr. Parrott. 504 The Mayor inquired if there were persons present who would I!ke & to address Council with regard to the request for rezoning. There be,ng ~ none, Ordinance No. 32701 was adopted, on its first reading, by the following vote: AYES: Council Members White, Wyatt, Bowles, McCadden, Parrott and Mayor Bowers .............................................. -6. NAYS: None (Vice-Mayor Edwards was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, Apdl 6, 1981, the City Clerk having advertised a public hearing for Monday, October 16, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of MH&C Partnership that a parcel of land located on Hershberger Road, N. W., containing approximately 10,720 square feet and identified as Official Tax No. 2280802, be rezoned from C-1, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke T~mes on Friday, September 29, 1995, and Friday, October 6, 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 is to allow development of a retail store, was before Council. The Planning Commission recommended approval of the request for rszoning, advising that while C-1 zoning of the property is reasonable, the C-2 conditional zoning as proposed by the petitioner is also reasonable and would result in a well designed commercial property that can enhance this portion of Hershberger Road; and the adjacent residential properties will be buffered with existing pine trees, 5O5 a privacy fence, and additional landscaping as reouired bv City I development regulations applicable for new commerci;~l develo~n~n-~ abutting a residential use. .-...___ (For full text, see report on file in the City Clerk's Office.) Roger D. Canoaday, Partner, appeared before Council in support of the request. ACTION: 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. 228, 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. Parrott. L The Mayor !nquired if there were persons present who would like o ad_dress _Co_unc,I with regard to the request for rezoning; whereupon., s. emma G. ~-ranklin, 4851 Eden Drive, N. W., appeared befo.re Counc,I I on behalf of herself and Ms. Evelyn 4852 Meadors, Eden Drive, N. W., who.wes unable to attend the meeting. She explained that her property adjo,ns the property in question and expressed concern with regard to noise, hours of operation of the proposed retail establishment, increased traffic, and lack of sufficient parking which will cause the overflow to park on residential streets, all of which will devalue property; therefore, she asked that Council deny the request for rezoning. Following questions and discussion by the members of Council, the ordinance rezoning the property was lost by the following vote: AYES: Mayor Bowers NAYS: Council Members White, Wyatt, Bowles, McCadden and Parrott ............................... 5. (Council Member Edwards was absent.) 506 BONDS/BOND ISSUES-CAPITAL IMPROVEMENTS PROGRAM- SCHOOLS: The City Clerk having advertised a public hearing for Monday, October 16, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposed issuance of $4.4 million in Virginia Public School Authority bonds to finance certain capital projects for school purposes, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, October 2, 1995, and Monday, October 9, 1996. (See publisher's affidavit on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (#32702-101695) A RESOLUTION authorizing the issuance of not to exceed $4,400,000.00 general obligation school bonds of the City of Roanoke, Virginia, Series 1995A, to be sold to the Virginia Public School Authority and providing for the fo,, and details thereof. (For full text of Resolution, see Resolution Book No. 58, page 26.) Ms. Wyatt moved the adoption of Resolution No. 32702-101695. The motion was seconded by Mrs. Bowles. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Resolution No. 32702-101695 was adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, McCadden, Parrott and Mayor Bowers ................................... --6. NAYS: None (Vice-Mayor Edwards was absent.) TRAFFIC-BONDS/BOND ISSUES-STATE HIGHWAYS-CITY SHERIFF- CITY JAIL-CITY EMPLOYEES-SCHOOLS: The City Clerk having advertised a public hearing for Monday, October 16, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to the proposed adoption of an ordinance authorizing the City to contract a debt and issue general obligation bonds in the principal 507 .. amount of $8.3 million to finance the costa of certain public improvement projects of and for the City, the matter was before the body. A joint report of the City Manager and the Director of Finance advising that on August 8, 1994, Council adopted Rssolution No. 32133- 080894 and Ordinance Nos. 321314)80894 and 32132-080894 approving the 1994-1998 Capital Improvement Program and authorizing a referendum to be held in November 1994 on the issuance of $23 million in capital improvement bonds, which referendum was held on November 8, 1994, and the $23 million bond issue was approved. It was further advised that included in the Capital Improvement Program were the Roanoke City Jail Annex, Employee Parking Facilities and 1-581 interchange projects; in the Roanoke City Jail Annex Project, the State committed to reimburse the City $2,299,199.00, equal to 25 per cent of eligible costs of the revisad cost estimate of jail expansion, and when bonds were sold to finance the local share of the jail project (1994 public improvement bonds), it was anticipated that the State would reimburse ita share of the expansion in a lump sum payment upon completion of the project, and an account receivable was established for the State's share when funds were appropriated for the jail I expansion; and no bond funds we. re recommended in the $23 million bond issue for the Employee Park, ng Facilities and 1-581 interchange pro jetta. It was explained that the 1993 Session of the General Assembly established new guidelines for reimbursement to localities for the State's share of local and regional jail construction; the State no longer reimburses ita share of jail projects in a lump sum payment when the reimbursement amount exceeds $1.0 million, instead it anticipates that localities will issue debt to finance the State's share of the project, and the State then reimburses the locality for ita annual debt paymenta, typically over a 20-year period; and details of the reimbursement are included in a reimbursement agreement entered into by the locality and the State Department of the Treasury after the bonds are issued and interest rates are established. It was explained that two parcels of land have been acquired in connection with the Employes Parking Facilities project~ with additional parcels to be purchased once funding is made available; the project would consist of the construction of a joint-use parking facility in the 508 ACTION: vi.c. inity of the J.eff.e. reon Center complex to satisfy parking needs for City employees ~n the downtown area, Jefferson Center tenants and ~. ,,,~ o~,,=~.~= ,s an[?.~pate(~ to ne generated in the area. and $1.0 m, lhon in additional funding is needed to make progress o;; the project. It was fu .r~..er explained that a proposed new interchan e on Interstate 581 will provide additional access *,- t~.,,A_ ,,:._. ,. ,g, ._ Wal.U.,., o .......... .-,- --,,oz, v,vw mall, tne ,--,, oupufs(ore, aha the Koanoke Regional Airport, as well as open.up access to over 130 acres of land fo.r development; the technical t.raffic study completed by the Vi.rg..i.nia Department of .T. ran_s_l~O., rtatio..n, endorsed and forwarded the partial interchange plan to .~n.e ?aeral H'g.n. way.Admin!strati.o.n; the City's cost of building the !n~ercnange cou,a cost up to $5.0 million if no Federal or State funding ~i a. vailab!e; bonds ..will not be issued for the project if the Federal gnway Aa .mi.nistrat, on does not approve the i.n.!erchange; an.d. the Code of Virginia (1950), a.s. a_me. nded, gives localities the authon to issue bonds under the Pubhc Finance Act by holding a public heantY'ng. .rec__The_C.i.t~..Manage.[ a.n.d the Director of Finance jointly ummenoeo mat c;ounc, aumorize issuance of $8.3 million of oub;ic improvement bonds under the Public Finance Act of the C~de of Virginia .(.1.950!, as amen. deal, to be issued with the previously approved $23.0 million in public improvement bonds, as follows: $2,300,000 Roanoke City Jail Annex $1,000,000 Employee Parking Facilities 5 00~,_q.~0.,_q~ 1-581 Interchange $8,3OO,00O (For full text, see report on file in the City Clerk's Office.) - .Leg_~. adver'ds.e, ment of the public hearing was published in The ~ on Monday, October 2, 1995, and Monday, October 9, 1995. (See publisher's affidavit on file in the City Clerk's Office.) Mr. Whits moved that the following ordinance be placed upon its first reading: 509 · (ft32703) AN ORDINANCE authorizing the issuance of eight I m. dlion h.u. ndred thousand dollars ($8,300,000.00) principal amount or general obl,gation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to pay the cost of various public improvement projects of and for such City; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds; and authorizing and providing for the issuance and sale of a like principal amount of general obligation public improvement bond anticipation notes in anticipation of the issuance and sale of such bonds. (For full text of Ordinance, see Ordinance Book No. 58, page 35.) The motion was seconded by Mr. Parrott. The Mayor inquired if there were persorl. S present who would like to address Council with regard to the matter. There being none, Ordinance No. 32703 was adopted, on its first reading, by the following vote: AYES: Council Members White, Wyatt, Bowles, McCadden, Parrott and Mayor Bowers ......................................... -6. NAYS: None (Vice-Mayor Edwards was absent.) OTHER HEARINGS OF CITIZENS: CITY CODE-PLANNING-STREETS AND ALLEYS: Ms. Barbara N. Duerk, a member of the City Planning Commission, appeared before Council and advised that in most instances land which is found to be free and clean following a title search reverts to adjacent property owners upon approval by Council of street and alley closings. She expressed concern that the City may be giving away valuable land, and suggested that recommendations be submitted to Council in regard to other alternatives to address the matter. The Mayor requested that the remarks of Ms. Duerk be referred to the City Manager for appropriate response. 510 OATHS OF OFFICE-COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The Mayor advised that there is a vacancy on the Hotel Roanoke Conference Center Commission created by the resignation of James G. Harvey, II, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of William White, Sr. Them being no further nominations, Council Member White was elected as a Commissioner of the Hotel Roanoke Conference Center Commission, to fill the unexpired term of James G. Harvey, II, resigned, ending April 12, 1998, by the following vote: ACTION: FOR COUNCIL MEMBER WI41TE: Council Members White, Wyatt, Bowles, McCadden, Parrott and Mayor Bowers ....................... --6. (Vice-Mayor Edwards was absent.) There being no further business, the Mayor declared the meeting adjourned at 7:50 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor $11 ROANOKE CITY COUNCIL ........... -STRATEGIC PLANNING WORKSHOP October 20 - 21, 1995 F . The Council of the City of Roanoke held a Streteaic Plannin- Worksh,~n ,~n rioay and Saturda Octob . c. o --,- -- y, er 20 and 21, 1995, mn the Mmll Mountain Room at The Hotel Roanoke & Conference Center, with Mayor David A. Bowers presiding. . PRESENT: Cou.n. cil Members Elizabeth T. Bowles, John H. Parrott, William Wh;te, Sr. (arrived at 9.10 a.m.), Linda F. Wyatt and Mayor David A. Bowers ........ 5. ABSENT: Council Members John S. Edwards and Delvis O. McCadden----2. ~A~r' OFFI.C. ERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., s,stant Cmty Man.ager; Wilbum C. Dibli.n.g, Jr., City Attorney; James D. Grisso, ector of Finance, and Mary F. Parker, C,ty Clerk. .O..THERS PRESENT: Glenn D. Radcliffe, Director of Human Development; Kit B. K,ser, Director of Utilities and Operations; George C. Snead, Jr., Director of Public Safety; and William F. Clark, Director of Public Works. I . The facilitator for the session was Dr.. Robe.rt .E.. Matson, Professor and Dmrector for Leadership Development, Un,versmty of V, rg,ma. The invocation was delivered by Council Member Bowles. _;. _?: Matzo. n opened.the wo. rk.shop by offering each participant the opportunity to g,ve n,s or net perception ot what they remembered about the workshop which was held on January 5 - 7, 1995, in Charlottesville, Virginia, at the Federal Executive Institute. At this point, 9:10 a.m., Mr. White entered the meeting. Dr.. Matson devote, d the remainder of the mom!ng session to revie..wing the Myers/Bnggs perso.nality mdicator~ and gave each part, cipant an opportun,ty to tell something about h,mself or herself. At 12:15 p.m., the workshop was declared in recess for lunch. At 1:30 p.m., the workshop reconvened in the Mill Mountain Room at The Hotel Roanoke & Conference Center, with all persons listed on page one in attendance. 512 Dr. Mateon reviewed the City staff leadership statement which was prepared by City administrative staff, and advised that the purpose of Council's workshop is to develop its own leadership statement. He reviewed the four organizational management styles, viz: {1) sxploitative/autocrstic, (2) benevolent/autocratic, (3) consultative, and (4) participative; and briefly talked about the City's "to be" vision versus its "to do" mission, as well as how the City should go about establishing its vision and values. He explained that leadership action is: (1) leader initiated, (2) shared and s. upported, (3) comprehensive and detailed, (4) positive and inspiring, (5) a future state, and (6) people find their roles in it. He advised that an internal vision speaks to all employees about their common purpose and belief system. Dr. Matson reviewed the draft vision statement of the City of Lynchburg. At 4:15 p.m., the workshop was declared in recess until 8:30 a.m., on Saturday, October 21, 1995. At 8:30 a.m., on Saturday, October 21, 1995, the workshop reconvened in the ~_; Mill Mountain Room at The Hotel Roanoke & Conference Center, with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowles, John H. Parrott, William White, Sr., I. inds F. Wyatt and Mayor David A. Bowers. ABSENT: Council Members John S. Edwards and Delvis O. McCadden. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. OTHERS PRESENT: Glenn D. Radcliffe, Director of Human Development; George C. Snead, Jr., Director of Public Safety; and William F. Clark, Director of Public Works. The workshop was opened with a prayer by Council Member Bowles. 513 Dr. Mataon requested that workshop participants work in small groups and list I those, things that they like about Roanoke; whereupon, the following list was comp,led based on the findings of the three groups: 1. Stable neighborhoods 2. Workforce 3. Quality of schools 4. Quality of life 5. Diverse economy 6. Honest local government 7. "Big", but not too "Big" 8. Transportation -- air, trucking, highways, mass transit 9. Diverse population, including "age diversity", 25-plus nationalities Little bit of everything Public facilities Attractive surroundings Community relations Strengthening relationship with Virginia Tech Personal scale (community on a personal level) Quality workforce 10. 11. 12. 13. 14. 15. 16. i 17. Infra. structure in go.o.d condition 18. Env,ronmental qual,ty (water/air) 19. Att-';large election system 20. Relatively Iow crime rate 21. People feel safe 22. Financially stable local govemment "AA" bond rating 23. Hotel Roanoke 24. Public/Private partnership 25. Cultural facilities 26. Recreation opportunities (Explore, Parkway, National Forests, etc.) 27. Recognized as a good place to raise a family 28. Community volunteers 29. Health care facilities 30. Strong churches, inner-city 31. Major retail center (15th in nation on a per capita basis) 32. Workforce work ethic 33. 'Star"lMill Mountain 34. Great City Council - willing to plan and implement 35. Dedicated local govemment workforce 36. Natural beauty 514 37. Located "Mid-Atlantic Seaboard" 38. Tolerance of divereity . Ii 39. Good array (balance) of public esr~ce : 40. River running throught the middle of the City 41. Open high quality communication between elected/ appointed officials/School Board/RRHA 42. Special events/festivals 43. Great restaurants (F.S.M.) 44. Renovated elementary schools 45. Excellent emergency services (tire-police-EMS) 46. Stable/moderate tax rate - cost versus benefit local government 47. Cost of living 45. Henry Street potential 49. Four Sister City relationships 50. Tourists increasing 51. Transportation Museum - Railwalk 52. Encourage citizen participation 53. Close proximity of good higher education facilities 54. RCIT/Industrial parks 55. Downtown A. Tourist Center B. Rest.a. urant Center t'~ C. Retad Center D. Arts/Entertainment Center E. Governmental Center F. Medical Center G. Financial/Legal Center H. City Market I. Special Events J. Safe/Clean K. Sensitive law enforcement L. Crossroads of Western Virginia M. 19,000 downtown workforce N. Hotel Roanoke/Conference Center 56. City Market 57. Regional standard bearer 58. Teamwork The following list of downtown improvements from 1979 to date was compiled by participants: 515 ~ 1. Special Tax District 1. Trigon 8. 9. 10. 11. Enterprise Zone Tax reductions Parking Garages Church Avenue Century Station First Union W'~lliamson Road Center In The Square Campbell Court Trees/Lights/Sidewalks Jobs 2. First Union Elmwood Park (integrated into downtown to provide another festival location) Kirk Avenue Farmer's Market stalls City Market Building renovation Transportation Intermodal (Campbell Court) Jefferson Center 12. The Hotel Roanoke & Conference Center 13. Infrastructure I 14. Courthouse/Jail Expansion t5. Facade ,mprovements 16. Removed overhead power lines 17. Installed/;mproved strsetscapes Dr. Matson then requested that the same groups list broad categories encompassing the abovelisted items that they like about Roanoke; whereupon, the following categories were reported by the three groups: Groupl Downtown Neighborhoods Center of Commerce Enhanced/Unique Quality of Life Education Good Government 516 Neighborhoods Downtown Economy Edu.cation ( applicable education for future retraining demands) Environment Government Group III Public Education Good Government Diverse Economy Natural Resources Downtown/City Market Promise of Technology Quality of Life Human Development There was discussion in regard to what workshop participants would like for Roanoke to become; whereupon, the following items were recorded: enhanced life-style with a small town flavor, stimulating, cosmopolitan, nurturing, enhancement of life (and opportunities), a City of opportunities, fulfilling opportunities, demanding opportunities (participatory), challenging opportunities, a City of diversity, and a City of diverse opportunities. Dr. Matson reviewed the following criteria for a vision statement: It focuses on a better future. It encourages hopes and dreams. It appeals to common values. It states positive outcomes. 517 It emphasizes the strength of a unified group. It uses word pictures, images and metaphors. It communicates enthusiasm and kindles excitement. Dr. Matson asked participants to list what needs to be emphasized for the Roanoke community; whereupon, the following suggestions were recorded: reviewing the past and planning the future; a City of diversity and opportunity with a focus on the future and with an appreciation for the past; and Roanoke - the shining star of Virginia where the sky is the limit. 'l'hers was considerable discussion in regard to the definition of govemment versus governance. Dr. Matson advised that the next step will be to form a subcommittee to be charged with the responsibility of placing the suggestions in broad categories leading to a mission draft statement; whereupon, it was agreed that Council Members Wyatt and Parrott, Assistant City Manager Ritchie, Mayor Bowers as ex- I officio, and Ban'y L. Key, Manager, Manage .n~.. nt and Budget, representing City staff, would serve as members of the subcomm,ttee. Following lunch, participants discussed procedures to keep the process moving progressively forward in which it was pointed out by Dr. Matson that at least another four days will be necessary to complete the process which could be spread out over the next four months. Following discussion, it was agreed that the following dates would be reserved for future strategic planning/visioning workshops: November 3, 1995 November 4, 1995 November 17, 1995 December 27, 1995 2:30 p.m. - 7:00 p.m. 8:30 a.m. - 1:30 p.m. 1:30 p.m. - 9:00 p.m. 8:30 a.m. - 4:30 p.m. 518 There being no further business, the Mayor declared the workshop adjourned at 1:10 p.m. ~ APPROVED ATTEST: Mary F. Parker City Clerk Mayor 519 ROANOKE CITY COUNCIL INFORMAL MEETING October 23, 1995 1:00 p.m. An informal meeting of the Roanoke City Council with Beverly T. Fitzpatrick, Jr., Executive Director, The New Century Council, was held on Monday, October 23, 1995, at 1:00 p.m., in the Social Services Conference Room, Room 306, Municipal Building North, with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowies, 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. Ritchis, Sr., Assistant City Manager; James D. GHeso, Director of Finance; William X Parsons, Assistant City Attorney; and Mary F. Parker, City Clerk. OTHERS .P. RESENT: Beverly T. Fitzpatrick, Jr., Executive Director, The New Centu? Counc,I; Edwin B..J.. Whitmore, III, Deputy Director, The New Century Counc,I; Glenn D. Radcliffe, D,rector of Human Development; George C. Snead, Jr., Director of Public Safety; and William F. Clark, Director of Public Works. The Mayor welcomed Mr. Fitzpatrick and Mr. Whitmore to the meeting and expressed appreciation for their willingness to brief the Members of Council on the work of The New Century Council to date. Mr. Fitzpatrick presented background info,;,~ation on the visioning process used by The New Century Council, and noted that the one question that has continued to surface throughout the visioning process is: '~Nho is in charge of our future?" He stated that if one ware to look at the way things have occurred over the last ten years, it is more and more apparent that people outside of the New Century region are determining our future; therefore, the real question is, '~/hat can we control? Do we went to take the risks that are required to begin to make those kinds of policy decisions and to set in motion those kinds of policy decisions that will make us control our own future?" He advised that the Roanoke region continues to lose its young people to other localities, thus, the City is losing the best of its investment. As a result of these concerns, he explained that The New Century Council was formed by all of the Chambers of Commerce, the three regional economic development organizations and the New River Valley Business Council to begin to focus on necessary actions. He stated that three primary questions wars 520 asked: (1) Who are we as · group of citizane in western Virginia? (2) Who are we as a region? and (3) What do we .wa. nt .for our future, a.n.d how will we get there? He stated that five meetings were held ~n wh,ch representetivee from government, small i and large businesses, and neighborhood and civic organizations were invited to begin to discuss those things that are important to our future; and the group came up with seven topics that were viewed as crucial; viz: economy, education, quality of life/environment, health and safety, infrastructure, govemment and leadership, and in each of those areas, a list wes compiled as to what was needed, ss well as broad etetemente for each of the seven categories. He explained that the second phase involved taking the information to the public in the form of public hearings; and as a result of the public hearings, 33 committees were appointed to deal with the seven topics, with citizens working from June 1994 to May 1995 and devoting thousands of hours of volunteer time. Mr. Fitzpatrick advised that there is a feeling that western Virginia is being left behind at a greater pace each year than ever before in a multitude of ways, and out of the visioning process, it wes pointed out that no one cares about western Virginia but those of us who have chosen to live and to work in the area. He stated that Fairfex County and Fairfax City are represented by 18 delegates to the General Assembly from Lynchburg to Wytheville, therefore, the area of The New Century Council is a loser in the numbers game. He advised that weetam Virginia needs to pick itself up, determine what it is good at, promote those things that can be promoted well, and forget about those things that may be important in the global market but cannot be done well at the local level. He stated that this part of Virginia suffers from an inferiority complex, and we sometimes say that we cannot do something rather than get on with the business of doing it. He advised that what we can be is only limited by oureelvee, and leadership will play the most important role in what we can become as a region. He added that The New Century Council has discovered that people in the New River Valley do not trust people in the Roanoke Valley because they believe that we are always looking for the opportunity to take something away from them or to take advantage of them, and some citizens of the Allegheny Highlands and Franklin County are of the same opinion. Mr. Fitzpatrick explained that there are many people who believe that our quality of life is unsurpassed in comparison to many areas of this country and sometimes we become complacent and believe that it will stay that way. He stated that there is some speculation that there will be major growth in this pert of Virginia, but growth will come at the expense of other major cities; and there are two schools of thought: (1) we will not grow, and, therefore, will be left behind, with Roanoke being a nice place, but going nowhere, or (2) people will come to the conclusion that there is an oasis in Roanoke and as tele-communicstions allow them to move their employment wherever they wish to go, they will choose to live in the Roanoke area 521 and enjoy a much different quality of life and environment, and in which case, growth will overtake the Roanoke Valley and the question will then become: "Do we control the growth or does the growth control us?" He stated that he believes that growth will overtake the region because of the many positives that the area has to offer. Mr. Fitzpatrick called attention to efforts by The New Century Council to change the way that we feel about ourselves, about the region and the future, and to provide a chance for citizens to determine their future instead of letUng someone else make the determination. He stated that the process will happen slowly with a strategic plan that will create a "can do" spirit and the recognition that once we decide those things that are important, we have to insure their completion. Mr. Whitmore reviewed the six major areas addressed by the subcommittees: (1) Regional Identity (2) Higher Education and Research (3) Regional Cooperation (4) Regional Voice (5) Road Map for New Jobs (6) Technology and Communication. I At this po,nt, 1:35 p.m., Mr. Edwards entered the meeting. Mr. Fitzpatrick advised that Virginia Tech is our major university and millions of dollars can be spent over many years in an effort to locate another institution in Roanoke, but we may never have what already exists at Virginia Tech; therefore, there needs to be a greater effort to make Virginia Tech realize its role in the future of western Virginia. Mr. Fitzpatrick presented an overview of the Vision Stetemente with regard to Economy, Education, Quality of Life/Environment, Health and Safety, Infrastructure, Governance, and Leadership. (For full text, see document entitled, The New Century Vision for Western Virginia, Global Strength Quality Living, on file in the City Clerk's Office.) 522 Following expre~ion~ of appreciation and comments by the Members of Council, the Mayor declared the meeting adjourned at 2:t5 p.m. APPROVED ATTEST: Mary F. Parker City Clark Mayor 523 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL I October 23, 1995 3:00 p.m. The Council of the City of Roanoke met in regular aee~ion in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, October 23, 1995, at 3:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, ~ of Section 2-t5, ~ Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Linda F. Wyatt, Elizabeth T. Bowles, John S. Edwards, Delvia O. McCadden, John H. Parrott, William White, Sr., 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 Attorney; James D. Gdsso, Director of Finance; and Mary F. Parker, City Clerk. I The mee.ting was opened with a prayer by The Reverend Larry Atkin, Pastor, Edgewood Christian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. HUMANDEVELOPMENT-PROCLAMATIONS-DRUGS/SUBSTANCE ABUSE: The Mayor presented a Proclamation declaring October 23 - 30, 1995, as Red Ribbon Week in the City of Roanoke. (For full text, see proclamation on file in the City Clerk's Office.) DIRECTOR OF FINANCE-ACTS OF ACKNOWLEDGEMENT: The Mayor presented a Plaque and Certificates to the Director of Finance on behalf of the Government Finance Officers Association of the United States and Canada for Excellence in Financial Reporting for the City's comprehensive annual financial report, and for the City's Pension Plan, component unit financial report. 524 ACTS OF ACKNOWLEDGEMENT-VA AMATEUR SPORTS/ COMMONWEALTH GAMES: Peter Lampman, President, Virginia Amateur Sports, Inc., appeared before Council and presented the Mayor and Members of Council with a plaque expressing appreciation for the City of Roanoke's support of the Commonwealth Games. He also presented each Member of Council with a souvenir tee-shirt commemorating the event. PUBLIC HEARING~; 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 23, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Comechi Corporation that · condition of closure of a pordon of Baker Street, N. W., which was previously closed pursuant to Ordinance No. 32219-111494, be amended, the matter wes before the body. Legal advertisement of the public hearing was published in The ~ on Saturday, October 14, 1995, and Saturday, October 2t, 1995. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the request is to amend Ordinance No. 32219-111494, adopted on November 14, 1994, which ordinance provided for the closure and vacation ora two-block section of Baker Avenue, N. W.; and conditions as set forth in the abovereferenced ordinance required the applicant to provide the following, was before Council. "The applicant shall submit to the City, for its review and approval, receive approval of, and record with the Clerk of Circuit Court, a subdivision plat, providing for the following: disposition of the land within the right-of-way in a manner consistent with requirements of Chapter 31, ~ of the Code of the City of Roanoke (1979), as amended; i 525 retsntion of appropria.ts easements, together right publ,c passage over .same, the of for the purpose of construction, repair and general maintenance of any and all uUlitiss that may exist within said right-of-way; and dedication of land sufficient in size to provide for the construction of a public turnaround at the terminus of 30th Street, N. W. 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 Commission a plan and profile of said turnaround for the City's review and approval prior to commencement of construction." It was further advised that title search made by the applicant subsequent to adoption of Ordinance No. 32219-1t1494 revealed that under provisions of Section 15.1-483, Code of Virginia (1950), as amended, upon closure and vacation by the City of the subject section I of Baker Avenue, N. W., title to the land the.rein is vsst~l entlroly in the owners of the property abu~ng the oppos,..te side of the subject right- of-way (Norfolk Southern Ra,lway); the apphcant was thereby required to negotiate a further agreement with the Norfolk Southern Railway Company to enable acquisition of one-half of the vacated right-of-way; and in order for the applicant to obtain this section of right-of-way, construction of a parallel and additional access and roadway on and adjacent to the Norfolk Southern property was required. It was pointed out that the application was reviewed by the City Planning Commission at its regular meeting on October 4, 1995, which application requested amendment of conditions set forth in Ordinance No. 32219-111494, adopted on November 14, 1994, to delete the following conditions: "providing for dedication of land sufficient in size to provide for the construction of a public turnaround at the terminus of 30th Street, N. W., in accordance with City standards and specifications, and applicant shall submit to the agent to the Commission the plan and profile of said turnaround for review and approval prior to I commencement of construction." 526 The City Planning Commission recommended approval of the request to sntend conditions as described and set forth in Ordinance No. 32219-111494, adopted November 14, 1994, to provide for deletion of the following specific conditions, with all other conditions as set forth in Ordinance No. 32219-111494 to remain intact: "providing for dedication of land sufficient in size to provide for the construction of a public turnaround at the terminus of 30th Street, N. W., in accordance with City standards and specifications, and applicant shall submit to the agent to the Commission the plan and profile of said turnaround for review and approval prior to commencement of construction." (For full text, see report on file in the City Clerk's Office.) T. L. Plunkett, Attorney, appeared before Council in support of the request of his client. ACTION: Mr. Whita moved that the following ordinance be placed upon its first reading: (~32704) AN ORDINANCE amending the conditions of Ordinance No. 32219-111494, pemtsnently 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. 58, page 77.) 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. There being none, Ordinance No. 32704 was adopted, on its first reading, by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrot'(, White and Mayor Bowers ....... 7. NAYS: None 0. i i 527 ACTION: ZONING: Ms..Wyatt moved that Council reconsider the request of MH&C Partnereh!p that a parcel of land Iooat~l on Herehberger Road, N. W., containing approximately 10,720 square feet, identified as Official Tax No. 2280802, be rezoned from C-1, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, which request was denied by Council at its regular meeting on Monday, October 16, 1995. The motion was second by Mm. Bowies. Ms. Wyatt explained that since voting on the request on October 16, she has lesmed that the property in question is a parcel of land that is situated directly on Hershberger Road; therefor, there is sufficient access. She stated that if barriers are installed as proposed by the petitioner, the concerns of neighboring property owners should be alleviated. Mr. Andrew Cohen, 5889 Cox Hopkins Road, who identified himself as a spokespereon for MH&C Partnership, appeared before Council in support of the request for rezoning and explained that the property is the only undeveloped parcel of land on Herehberger Road. ACTION: Following discussion of the matter, the motion was adopted, Council Member White voting no. Ms. Wyatt moved that Council hold a public healing on the request for rezoning on Monday, November 13, 1995, at 7:00 p.m., as soon thereafter as the matter may heard, with notice to be given fo affected property owners. The motion was seconded by Mr. Parrott and unanimously adopted. The Mayor advised that all matters listed under the Consent Agenda ware 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 acquisition of real property for public purpose, specifically property needed for flood reduction and sewer interceptor lines; and fo discuss personnel matters with regard to vacancies on various authorities, boards, commissions and I committees appointed by Council. 528 ACTION: ACTION: MINUTES: Minutes of the regular meetings of City Council held on Monday, September 11, 1995, end Monday, September 25, 1995, ware before the body. (For full text, see minutes on file in the City Clerk's Office.) Mrs. Bowies 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 Wyatt, Bowies, Edwards, McCadden, Partott, White and Mayor Bowers. 7. NAYS: Non: 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)(t), Code of Virginia (1950), aa 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 pereonnel 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 wee 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 PURCHASE/SALE OF PROPERTY-SEWERS AND STORM DRAINS-FLOOD REDUCTION/CONTROL-COUNCIL: A report of the City Manager requesting that Council meet in Executive Session to discuss · matter with regard to acquisition of real property for public purpose, 529 specifically property needed for flood reduction and sewer interceptor lines, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as emended, 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 acquisition of real property for public purpose, specifically property needed for flood reduction and sewer interceptor, pursuant to Section 2.t-344 (A)(3), Code of Virginia (1950), ss amended. 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 O. HEARING OF CITIZENS UPON PUBLIC MATTERS: I DEVELOPMENT-ANNUAL REPORTS-BLUE RIDGE HUMAN COMMUNITY SERVICES-MENTAL HEALTH SERVICES: OnzlesWare, Chairperson, Blue Ridge Community Services Board, presented the 1995 Annual Report with regard to services provided to the citizens of the City of Roanoke by Blue Ridge Community Services. He addressed potential future changes in the manner and scope of services that Blue Ridge Community Services has delivered to the Roanoke region during the past 25 years, and called attention to a plan currently being developed by the Governor's Office which will substantially reduce local mental health services control and authority in favor of centralized decisionmaking, thereby resulting in a bipartisan effort to place planning and management control in the local jurisdictions where services are delivered and received. He explained that a major part of the proposed plan involves the managed care incentive system which would place the incentive not in providing services but in denying services in order to minimize cost and maximize profits; the managed care organization would presumably authorize the level of care to be provided based on cost containment, rather than on the level of need of the client; and in the process of narrowing the criteria for eligibility, it appears that those in need of services not fitting into this narrow criteria will be deprived of needed services, or the localities will be expected or possibly mandated to provide the necessary services. 530 Mr. Ware explained that there are serious deficiencies in the current managed care proposal, i.e.., a decrease in sew. ices to those persons most vulnerable, persons ~nth serious mental d,ssbilitiee will likely become fragmented as a private managed care organization provides some service, leaving other needed services to be provided by the public sector; the consequences of draining off resources will also result in s reduction of other equally crucial services which have in the past had the effect of lessening the need for much more expensive inpatient care; adding the expense of an edditional layer of management will mean raising resources for critical community based care, and the plan appears to have the effect of ehiFdng costs of care to the localities for those services that will be needed, but will not be authorized by the managed care organization. In conclusion, Mr. Ware advised that in the rush to privatize, what has been a public responsibility will be shifted to the privata sector, and it will mean the end of the current structure of local management, accountability and responsibility for the delivery of services.. He explained that the Governor's plan is currently under consideration, with the goal to pilot the plan in the Tidewater area. He stated that Blue Ridge Community Services is committed to providing quality, cost effective service to the citizens of the City of Roanoke to the exte.n.t that its resources will permit, and urged that the City be conversant ruth the developments inasmuch as they may effect services for residents of Roanoke City. Without objection by Council, the Mayor advised that the Annual Report would be received and filed, and requested that the City Manager provide Council with additional information on potential changes in the manner and scope of services to be provided by Blue Ridge Community Services. Ms. Wyatt requested that the City Manager provide information on any State mandated programs that the City may be required to fund. OTHER HEARINGS OF CITIZENS: COUNCIL: Ms. Helen E. Davis, 35 Patton Avenue, N. E., questioned Council's procedure for hearing the remarks of citizens during City Council meetings. She expressed confusion because itwas her understanding that the Mayor preferred to hear citizens at the end of the agenda under the category of Other Hearings of Citizens, that the Mayor later ststsd that he would hear citizens at the time that an item 531 was under con.s, iderstion by the Council; however, an additional category is now listed near the beginning of the agenda where citizens may be heard. She requested a clarification on the rules of procedure for addressing Council. The Mayor advised that an item wes added to the Council's agenda which enables citizens to address Council at the beginning of the meeting and at the end of the Council meeting, and citizens may address any topic under those two sections. Secondly, he advised that when an issue is on the floor for discussion, he would recognize any member of the Council, or the City Administration, or any person in the Council Chamber who would like to speak on that particular issue; however, he would request that all comments be germane to that issue. He stated that generally citizens are allowed to speak for five minutes, profanity is not permitted in the Council Chamber, or personal attacks on Council Members or the City Administration. PETITIONS AND COMMUNICATIONS: BUDGET-GRANTS-CMERP-SCHOOLS: A communication from I the Roanoke City School Board requesting that Council appropriate $290,541.00 from the t995-96 Capital Maintenance and Equipment Replacement Fund, the proceeds to be used for purchase of instructional and administrative computers, purchase of language laboratory equipment at Patrick Henry High School, facility maintenance equipment, additional classroom space, and alteration and improvement of school facilities; appropriation of $80,000.00 from t994 bond issue funds for the Instructional Technology Center to provide for architectural design fees, network equipment and training systems, and renovations for the Center at the Central Administration Building; and further requesting appropriation of funds to the following school accounts, was before the body. Grant No. 6t49 - $79,982.00 for Title I Winter Program to provide remedial reading, language arts and mathematics instruction for students in targeted schools. The Program will be reimbursed 100 per cent by Federal funds. 532 Grant No. 6150 - Grant No. 6151 Grant No. 6939 - Grant No. 6939 - Grant No. 6819 - Grant No. 6940 - $19,506.00 for Title I Program Improvement Assistance ~ meet the needs of educaUonal deprived chddran st targeted Title I schools through staff training and parental involvement. The Program will be reimbursed t00 per cent by Federal funds. $70,191.00 for Title I Local Delinquent Children Grant to provide transition services to youth exiting the Juvenile Detention Centar and youth entering Youth Haven. The Program will be reimbursed t00 per cent by Federal funds. This is a new program. $4,700.00 for the Tutors for Succees Program st Forest Park New American School to provide academic support to educationally at-risk students. The Program will be reimbursed 100 per cent by a grant from Central Fidelity Bank. This is a new program. $48,025.00 for .?e. Homeless Assistance Program to prowde mstzuctional services to homeless students. The Program will be reimbursed in the amount of $40,654.00 by Federal funds with a local match of $7,371.00. $9,500.00 for the Writer in Residence Program to provide funds for the enhancement of the district's literary arts program by bringing experts into the schools for student workshops. The Program will be raimburaed in the amount of $4,750.00 by State funds with a local match of $4,750.00. $745,293.00 for Networking and Elementary Technology. School networking equipment and elementary media center technology will be purchased. The Program will be reimbursed 100 per cent by State bond funds. This is a new program. 533 A report o.f the Director of Finance advising that the appropriation of $290,541.00 ,e the third appropriation of the Board's fiscal .Schoo, year 1995/96 Capital Maintenance and Equ,pment Replacement Program funding of $2,394,036.00, which will leave an unappropriated balance of $1,087,760.00, was before Council. The Director of Finance further advised that the School Board has requested appropriation of $80,000.00 from the 1996 anticipated bond issue proceeds which will be used for the Instructional Technology Center at the Central Administration Building; and Internal Revenue Service regulations (Section 1.150-2) require that the City declare its intent to reimburse itself from the proceeds of its general obligation bonds authorized pursuant to Ordinance No. 32131-080894, adopted on August 8, 1994; and recommending that Council concur in the request of the School Board, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (f~32705-102395) AN ORDINANCE to amend and reordain certain sections .of the 1995-.96 School, General, and Capital Fund Appropriations, and prov,ding for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 46.) ACTION: Ms. Wyatt moved the adoption of Ordinance No. 32705-102395. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCaddefl, Parrott, INhite and Mayor Bowers 7. NAYS: None.. 0. Ms. Wyatt offered the following resolution: (f/32706-102395) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for the Board's Instructional Technology Center and provide for architectural design fees, network 534 ACTION: equipment and training systems, and renovations for the Center at the Central Administration Building and de~..laring the City's intent to ~ borrow to fund or reimburse such expenditures. (For full text of Resolution, see Resolution Book No. 58, page 51.) Ms. Wyatt moved the adoption of Resolution No. 32706-102395. 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. At 4:15 p.m., the Mayor declared the meeting in recess. At 4:25 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: CITY GOVERNMENT-PLANNING-PARTNERSHIP FOR URBAN VIRGINIA: The City Manager presented highlights on the most recent position of the Urban Partnership. (For full text, see Board of the Urban Partnership Recommendations dated October 1, 1995.) With the concurrence of Council, the Mayor advised that the briefing would be received and filed, and that the City Attorney be requested to prepare the proper measure expressing the City's support of recommendations of the Urban Partnership. 535 ITEMS RECOMMENDED FOR ACTION: POLICE DEPARTMENT-PAY PLAN-CITY CODE-CITY GOVERNMENT.CITY EMPLOYEES-PERSONNEL DEPARTMENT- EMERGENCY MEDICAL SERVICES-PENSIONS: The City Manager submitted a written report advising that paid holidays for City employees total nine since t984 when Marlin Luther King, Jr.'s birthday was made a paid holiday; Veteran's Day as a day off for City employees was moved from November 1t to the day after Thanksgiving in 1965; State holidays total 11 with Columbus Day and Veteran's Day being the dates that differ from the nine City holidays; and hours scheduled to work impact holidays inasmuch as holiday time off can vary from four houra to twelve hours depending on the employee's scheduled work day, i.e., an employee in one department may receive 12 hours for a holiday while another employee may receive eight hours for the same holiday, with Fire Suppression employees receiving three 24-hour holidays per year. It was further advised that holidays ara earned days off, usually to be scheduled at a later date, for those employees working in departments with 24 hour shifts, and schedules for these employees I ara set regardless of holidays and time off is earned on the .holiday and may be taken at a later date; annual work hours for full-time regular employees total 2,080 for those employees on a 40 hour work week, 2,t84 hours for Emergency Medical Services employees on a 42 hour work week, and 2,912 hours for Fire Suppression employees on a 56 hour work week; and carry-over of holidays eamed from one fiscal year to the next has bccn allowed. It was explained that a difference exists between some Constitutional Offices and the rest of the City as far as holiday schedule utilized; inequity of holiday hours off exists since leave time is for the scheduled work day which varies among depa,[,,,ente and employees; leave hours are earned at a higher rate for Fire Suppression employees to reflect the 56 hour work week which is 40 per cent more hours that the 40 hour work week; Emergency Medical Services employees who work 42 hours per week curranfly earn the same leave as 40 hour work week employees; minor adjustments are needed to certain leave hours seined for these departments to put them on a pro-rata basis with other departments; citizens ars accustomed to receiving all City services on Columbus Day and Veteran's Day; and carry-over balances of holidays rep .resents a liability to the City that continues to grow as employee salaries increase. 536 The City Manager recommended that Council amend the City Code, effective November 1, t995, aa follows: "Grandfather" current employees who now receive more than 88 holiday houre par year. All new employees hired into these positions will receive 8g hours of holiday time par year. Provide a standard of 88 holiday hours par year for full- time regular City employees who are not 'grandfathered". Provide two new floating holidays during which time City offices will be opan. Allow for 24 hour holiday carryover. Adjust leave accrual schedule in Fire and Emergency Medical Services to reflect the greater number of hours worked. Pay employees for holiday balances exceeding 24 hours aa of November 1, 1995. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: (~32707-102395) AN ORDINANCE amending and reordaining §2- 37, Office hours, work weeks and holidays. Code of the City of Roanoke (1979), as amended; amending and rsordaining §2-49, ~ by amending current subsection (a) and adding a new subsection (bl); amending and reordaining subsection (c) of §2-54, p;id leave: the amended and added subsections providing for eighty-eight hours of holiday time per year for all officers and employees of the City except for certain employees accruing holiday time at a different rate on November 1, 1995, providing for two new floating holidays during which City offices will remain open, providing for new schedules of vacation leave and paid leave for certain emergency service employees, providing a new schedule of paid leave for Fire Department employees working the three-platoon system, providing for the carryover of twenty-four hours of holiday time, and providing that employees of the 537 City who have bccn permitted to maintain holiday balances shall be paid for their holiday hour balances, except twenty-four (2.4..) hours, at their rate of pay effective November 1, 1995; and prov,d,ng for an emergency and an effective data. (For full taxt of Ordinance, see Ordinance Book No. 58, page 52.) ACTION: Mr. Whita moved the adoption of Ordinance No. 32707-102395. The motion was seconded by Mr. McCadden. Ma. Wyatt advised that her personal intant was that "a day was a day was a day", and it was her expectation that that factor would be costed out in addition to the recommendation of the City Manager. She statad that the report is extremely biased, it was her intant that the City give two additional paid vacation holidays, she did not hear any discussion by Council in regard to the number of hours to be given, and she still does not have the information that she initially requested from the City Manager. Me. Wyatt further advised that she could not support the City Manager's recommendation because it is highly punitive to a group of employees, some of which are police officers, fire figh. tars, sewage and I wa..tar department..employees, etc., w~l.o am. required w. ork .o.n hol,daye so that c,tizens may feel safe ,n their homes and enjoy C,ty services. She statad that she did not wish to be a part of a decision of Council that says to these employees that in order for them to receive their holiday, not with their family but at another time, they will have to delve into their vacation leave bank and use time in order to have a day off, and, in effect, they ars being told to work nine, tan or twelve hours, but they will be given credit for only eight hours. Vice-Mayor Edwards advised that he shares some of Ms. Wyatt's concerns and suggested, with regard to those employees working longer than an eight hour shift, the possibility of rounding off the day so that it becomes a full day for purposes of vacation. The Mayor expressed support of the City Manager's recommendation; however, he statad that there remains certain inequities that need to be addressed, and the City Manager has indicatad that there might be other ways of recognizing those employees in lieu of additional time off; therefore, he requested that the City Manager study the matter and advise Council accordingly. 538 ACTION: In clarification of his request, the Mayor advised that absent holidays and not considering religious holidays, there are some City employees who need additional hours to complete a work cycle, and he would request that the City Manager address that issue. Mr. White called for the question. The motion was seconded by Mr. McCadden and adopted, Ma. Wyatt and Mr. McCadden voting no. The following roll call vote was recorded on Ordinance No. 32707-102395: AYES: Council Members Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers {~. NAYS: Council Member Wyatt. Ms. Wyatt moved that the City Manager be requested to explore other alternatives of recognizing firafighters, police officers, water and sewer employees and any other affected City employees in regard to holiday leave; and that the City Manager be further requested to provide information with regard to the cost to the City to compensate those employees who work on holidays at the rate of time and one-half The motion was seconded by Mr. McCedden and adopted, Councii Members White and Parrott voting no. INSURANCE-CITY EMPLOYEES- BLUE CROSS/BLUE SHIELD: The City Manager submitted a written report advisino that the Comprehensive Health Insurance contract with Trioo~ Blue Shield expires on December 31, t995, with-the City-cu---~re-~, contributing 90 per cent toward the "employee only" rate; claims experience from August 1, 1994 through July 31, t995 totalled $3,683,121.00; the trend factor, which is the percentage used to calculate anticipated medical inflation, has decreased from ten per cent to eight per cent in the new contract; and Employee Benefits Awareness Committee members reviewed the City's proposed options for 1996 and advised the Personnel Manager to recommend renewal of the current plan, plus addition of a Point of Service plan. It was further advised that retiree health care is provided to existing employees who retire during the period January 1, t996 to December 31, 1996 after COBRA eligibility ceases; employees who are eligible include futura retirees under age 65 with 15 or more years of 539 i co. ntinuous service and future retirees of any age who retire due to injuries compensable under the Workere' Compensation Act; and all coverage ceases at age 65. The City Manager recommended that Council authorize award of a contract for the City's Comprehensive Health Plan and a Point of Service Health Plan as recommended by the Employee Benefits Awareness Committee to Trigon Blue Cross Blue Shield for a period of one year beginning January 1, 1996 and ending December 3t, 1996, with the City's contribution continuing to be 90 per cent of the "employee only" premium cost for the Comprehensive Plan and the new Point of Service Plan; and further authorize the City Manager to execute the contract, in a form to be approved by the City Attomey, with the understanding that Trigon Blue Cross Blue Shield will provide the City Manager with said contract for execution no later than December 15, 1995. Current total monthly rates and new rates are as follows: 1995 Comprehensive Rates 1996 Comprehensive Rates 1996 Point of Employee $194.50 $157.32 $133.72 Employee/Child 290.12 229.50 192.58 Family 459.18 368.19 312.94 Employee costs after City contribution are as follows: 1996 Comprehensive Rate~ t996 Comprehensive Rates 1996 Pointof Semi- Semi- Semi- Monthly Monthly Monthly Monthly Monthly Monthly Rates Rates Rates ~tes Rates Rat~ Employee $19.50 $ 9.75 $15.32 $ 7.66 $ 12.72 $ 6.36 Employee/ Child 105.12 52.58 94.58 42.29 71.58 35.79 Family 280.18 145.09 226.16 t13.58 191.94 95.97 It was explained that health insurance premiums for 1996 are projected at $4,369,246.00 based on current enrollment data; retiree rates which are paid in total by the retiree for those who retire during the period January t, 1996 through December 3t, 1996 are the same as current employees during enrollment in COBRA and alter the provisions of COBRA, the following rates would apply: 54O ACTION: 1995 Comprehe~ive Rate~ 1996 Comprehensive t996 Point of Employee $279.66 $201.59 $175.08 Employee/Child 402.90 290.41 252.2t Family 654.12 471.59 409.57 (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: (#32708-102395) A RESOLUTION authorizing the execution of a contract and related documents with Trigon Blue Cross Blue Shield to provide for s Comprehensive Health Plan and a Point of Service Health Plan for employees and retirees of the City and members of their families. (For full text of Resolution, see Resolution Book No. 58, page 57.) Mr. McCadden moved the adoption of Resolution No. 32708- 102395. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers... 7. NAYS: None Om Marquita W. Brown, Occupational Health Nurse, presented an oral briefing with regard to the activities of her office during the past year. BUDGET-TRAFFIC-BONDS/BOND ISSUES-SIDEWALK/CURB AND GUTTER-STATE HIGHWAYS-BRIDGES-CAPITAL IMPROVEMENTS PROGRAM-NORFOLK SOUTHERN CORPORATION-GRANTS-STREETS AND ALLEYS: The City Manager submitted s written report advising that the Intermodal Surface Transportation Efficiency Act (ISTEA) was signed into Federal law in December 1991, which requires state depa,:~,,,ents of 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"; funding participation for approved projects is 90 per cent Federal and ten per cent local; regular urban highway allocations may be used to provide 98 par cent of the ten par cent local matching funds, with the locality providing the other two per cent, which effectively means that 541 the locality needs to .p. rovide 0.2 per cent in local funding; and on I July tl, 1994, Council adopted Resolution No. with 32101-07.1194 regard to the Albemarle Avenue, S. E. railroad grade croeemg project to be programmed in the Six-Year Improvement Program ee an approved ISTEA Safety Project. It was explained that in an ISTEA Safety Project report to Council on August 14, 1994, City Council was advised that Norfolk Southern and the Virginia Department of Transportation will handle all phases of the railroad grade crossing project, with project agraement and funding to be addressed at a future date; a Project Administration Agreement has been received by the City and requires execution by the City to enable the project to proceed; the project includes the upgrade of flashing light signals end instsllatJon of crossing gates at an eetimatad cost of $1t5,400.00; a safety application was approved in the amount of $90,000.00, with an additional cost of $25,400.00 to be provided by VDOT at the same rata of participation for the project, resulting in a total City-funded share of $230.80; and the agreement also provides for an annual cost to the City of $615.00 for crossing maintenance. It was noted that funding in the amount of $150,000.00, which I was i.ncluded in the Capital Improvement Program, needs to be esta.b.l,ahed at this time in a. capital account for uae on this and other pending roadway safety proJects; and the projects and the,r eetimatad City costs ara described as follows: Albemarle Railroad Crossin? - Upgrade of flashing light signals and installation of crossing gates Kin_, Street and Berkley Road. N. F. - widen 800 feet of King Street to improve sight distance and create westbound left turn lane et Berkley Road (VDOT ISTEA safety project) Old Mountain Road and Nelms Lane. N. ~,,. realign 500 feet of Nelms Lane to provide safer intareection at Old Mountain Road (VDOT ISTEA safety project) $ 230.00 200.00 220.00 542 ACTION: Hemlock Road and Oak R~_-,d_. N. W, - increase elevation of a short section of Hemlock Road to improve eight distance et Oak Road (100 par cent City expanse) $ 49,350.00 13enninaton Street and Riverland R_~__~. S. E~ - reconstruct intersection to improve sight distance and create turn lanes (100 par cent City expanse) Total $150,000.00 The City Manager recommended that Council concur in the following actions: Authorize the City Manager to execute the Albemarle Avenue railroad grade crossing agreement on behalf of the City, in a form to be approved by the City Attorney. Authorize the transfer of $150,000.00 from Account No. 008-052-9701-9191, Series 1996 Public Improvement Bonds - Streets and Sidewalks, to a new account in the Capital Projects Fund entitled, "Roadway Safety Improvement Program", for payment of $230.80 to the Virginia Department of Transportation for the project and for other roadway safety project expanses. Adopt the appropriate resolution indicating the City's intent to reimburse front-funding with bond proceeds upon sale of the 1996 bonds. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following emergency budget ordinance: (~32709-102395) AN ORDINANCE to amend and raordain certain secti, o.ne of the 1995-96 Capital Projects Fund Appropriations, and prov,d~ng for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 58.) M.r. Edwards moved the adoption of Ordinance No. 32709-102395. The mot]on was seconded by Mr. Parrott and adopted by the followin voze: g 543 AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers 7. NAYS: Nono 0. Mr. Edwards offered the following emergency ordinance: (~32710-102395) AN ORDINANCE authorizing an agreement between the City of Roanoke, the Vi~inia Department of Transportation, and Norfolk and Wsstem Rsdway Company for the Albermarle Avenue railroad grade crossing safety project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 59.) ACTION: Mr. Edwards moved the adoption of Ordinance No. 32710-102395. The mot]on 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 0. Mr. Edwards offered the following resolution: (~32711-102395) A RESOLUTION declaring the City's intent to reimburse itseff from the proceeds of its general obligation public improvement bends authorized to be issued pursuant to Ordinance No. 32131-080894, adopted August 8, 1994, for certain expenditures in connection with the Albemarle Avenue Grade Crossing, King Sl~sst and Berkley Road, N. E., Old Mountain Road and Nelms Lane, N. E., Hemlock Road and Oak Road, N. W., and Bennington Street and Riverland Road, S. E., project in the City of Roanoke; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 58, page 60.) ACTION: Mr. Edwards moved the adoption of Resolution No. 32711- 102395. The motion was seconded by Mr. Parrott and adopted by the following vote: 544 ACTION: AYES: Council Members Wyatt, Bowiee, Edwards, McCadden, Parrott, White and Mayor Bowers ....... 7. NAYS: Nocc ..... UTIUTY UNE SERVICES-WATER RESOURCES-EQUIPMENT: The City Manager submitted a written report advising that in January 1995, a study group was developed to reeeamh information about an audit suggestion to discontinue repairing old water meters and replace broken meters with new meters; and results of the study group's findings was to invite bide to replace rather than to repair meters. The City Manager recommended that Council concur in the following actions: Accept the lowest responsible bid to supply cold water meters for a period of one year, with the option to renew for four additional one year periods, as submitted by ABB Kent Meters, Inc., as follows, and reject all other bids received by the City: 518 inch meters 314 inch meters inch meters tl2 inch meters inch meters $ 23.00 each 39.50 each 61.00 each 160.00 each 219.00 each (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency ordinance: (~32712.102395) AN ORDINANCE accepting the bid of ABB Kent Meters, Inc., for the purchase of cold water meters, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City o~cials to execute the requisite contract for such product; rejecting all other bids made to the City for the product; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 62.) Mrs. Bowies moved the adoption of Ordinance No. 32712-102395. The motion was seconded by Mr. Edwards and adopted by the following vote: I 545 AYES: Council Members Wyatt, Bowles, Edwards, McCaddsn, Parrot'(, Whats and Mayor Bowers 7. NAYS: Nons 0. ROANOKE CIVIC CENTER-EQUIPMENT: The City Manager submitted a written report advising that the existing electronic scoreboard was installed in the Civic Center Coliseum in 1971 and is now obsolete and difficult to repair; and replacement of the scoreboard and installation of message centers has been identified by the Civic Center Commission as needed enhancements to the facility. Tho City Manager recommended that Council accept the proposal submitted by Fairtron Corporation to provide one new electronic scoreboard and three new concourse message centers to the Roanoke Civic Center at no cost to the City, with the cost to be offset by advertisements on the units over a period not to exceed ten years, and advertising fees will be paid directly to ths product provider; and reject all other proposals received by the City. (For full text, see report on file in the City Clerk's Office.) I Mr. McCadden offered the following emergency ordinance: (#32713-102395) AN ORDINANCE accepting the bid of Fairtron Corporation, to provide and install one new electronic scoreboard and three new concourse message centers in the Roanoke Civic Center Coliseum st no cost to the City and to obtain advertisers for the units for a period not to exceed ten years, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to executa the requisite agreement; rejecting all other bids made to the City; and providing for an emergency. (For full taxt of Ordinance, see Ordinance Book No. 58, page 63.) ACTION: Mr. McCadden moved the adoption of Ordinance No. 32713- 102395. 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: Non--' O. 546 BUDGET-FIRE DEPARTMENT-GRANTS-EMERGENCY MEDICAL SERVICES-EQUIPMENT: The City Manager aubmitted a written report advising that on July 25, 1994, the Roanoke City Fire Depar'b,ent aubmittad a report to Council recommending that the City enter into an agreement with the Virginia Depa~l,~ent of Emergency Services (VDES) for the City to provide, with the City of Salem, a Level III Regional Response Teem; according to the executed agreement, the City, as well as all Iocal~es who pa~cipata in a regional response team, will receive "pass-through funding" from VDES to assist with the purchase of equipment and to attend training programs needed to comply with mandates sat by Federal OSHA and Virginia Depaf;,,,ent of Emergency Services; and peas-through funding totalling $15,000.00 has been received from VDES by the City and deposited in Revenue Account No. 035-035-1234-7067. It ms further advised that the Cities of Roanoke and 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 are coordinated through hazardous material coordinators for the respective jurisdictions and in conjunction with the Virginia Department of Emergency Services. The City Manager recommended that Council accept the Hazardous Materials Regional Response Team Grant, in the amount of $15,000.00; and appropriate $15,000.00 to Other Equipment under the Hazardous Materials Response Team Grant, Account No. 035-050-3220- 2035, and increase the revenue estimate by $t5,000.00. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (tt32714-t02395) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 64.) ACTION: Ma. Wyatt moved the adoption of Ordinance No. 32714-102395. The motion was seconded by Mr. Edwards and adopted by the following vote: 547 AYES: Council Membere Wyatt, Bowies, Edwards, Parrott, White I and Mayor Bowem 6. NAYS: Non: O. (Council Member McCadden was out of the Council Chamber.) Ms. Wyatt offered the following resolution: (#32715-102395) A RESOLUTION accepting a certain Hazardous Materials Regional Response Team Grant from the Virginia Department of Emergency Services and authorizing execution of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 58, page 65.) ACTION: Ms. Wyatt moved the adoption of Resolution No. 32715-102395. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, Parrott, White I and Mayor Bowers C. NAYS: None 0. (Council Member McCadden was out of the Council Chamber.) BUDGET-POLICE DEPARTMENT-GRANTS: The City Manager submitted a written report advising that Congress amended 21 USC. Section 88t el-4, October 1986, which authorized the transfer of certain Federally forfeited proporty to State and local law enforcement agencies that participated in the investigation and seizure of the property; an application for equitable share of property seized by local law enforcement must be made to the U. S. Department of Justice and certified by the City Attorney as to the appropriate agency and representative to receive the property and that the transfer is not prohibited by State and local law; and prcporty, including funds shared wil~ State and local agencies, may be used only for the purpose stated in the application, i. e., narcotics investigations related to law enforcement. 548 ACTION: It was further advised that the Police Depa,~,,ent receives additional funds periodically from the Federal Govemment's asset sharing program; action by Council is required to accept additional funds to be dispersed in accordance with provisions of the program; and revenues totalling $93,063.00 have been collected and are available for appropriation in Grant Fund, Account No. 036-035-1234-7184. The City Manager recommended that Council accept additional funds, in the amount of $93,063.00, from the U. S. Department of Justice, Forfeited Property Sharing Program; authorize the Director of Finance to increase appropriate accounts in order that funds may be expended in accordance with program mquiraments; and appropriate $93,063.00 to Grant Fund Account No. 035-050-3304-2150, Investigations and Rewards, and increase the Grant Fund revenue estimate, Account No. 035-035-1234-7184, by $93,063.00. (For full text, see report on fils in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~32716-102395) AN ORDINANCE to amend and reordain certain sections of the t995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 66.) Mr. Parrott moved the adoption of Ordinance No. 32716-102395. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, Parrott, White and Mayor Bowers... 6. NAYS: Nono (Council Member McCadden was out of the Council Chamber.) BUDGET4~OUCE DEPARTMENT-GRANTS-EQUIPMENT: The City Manager submitted a written report advising that the Virginia General Assembly passed State legislation in 1991, 18.2.249 COV, which allows local law enforcement to seize and have forfeited property connected with illegal narcotics distribution, and the law also makes it possible for police depa.:~,,enta to receive proceeds from the forfeited properties; and an apphcstion for an equitable share of the property seized by local 549 law enforcement must be made to the Depa~b-ent of Criminal Justice I Services, Forfeited Aese. t Sharing Program, certified by the Chief of Police as to the appropriate agency and representative to receive the It was further advised that the Police Depa~'b,tent receives additional funds periodically from the State Asset Sharing Program; action by Council is required in order to accept additional funds to be dispersed in accordance with provisions of the program, with revenues collected through September 29, 1995, for the program totalling $46,303.00, which were depc~ited in Grant Fund, Account No. 035-035- 1234-7133; estimated current revenue is $28,967.00, and funding received in excess of the estimated revenue, totalling $t7,336.00, needs to be appropriated at this time. The City Manager recommended that Council concur in the following actions: Accept funds from the Depa,~.ent of Criminal Justice Services, Forfeited Asset Sharing Program, and authorize the Director of Finance to establish appropriate accounts I so that fund.s may be expended in accordance with program requ,rementa. Appropriate $11,836.00 to Grant Fund, Capital Ouflayl Other Equipment, Account No. 035-050-3302-9015. Appropriate $5,500.00 to Grant Fund, Expendable Equipment (<$500.00), Account No. 035-050-3302-2035. Increase the revenue estimate in the Grant Fund by $17,336.00. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (ff32717-102395) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 67.) 550 ACTION: Mr. Parrott moved the adoption of Ordinance No. 32717-102395. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Membem Wyatt. Bowies, Edwards, Parrott, White and Mayor Bowers,, NAYS: Non: (Council Member McCadden was out of the Council Chamber.) BUDGET-GRANTS-LIBRARIES-DISABLED PERSONS- EQUIPMENT: The City Manager submitied a written report advising that Federal aid through a LSCA Title I Grant for $7,359.00 has been approved for the Roanoke City Public Library by The Library of Virginia for fiscal year 1995-96; the Roanoke City Public Library is a Subregional Library for visually and physically challenged residents of the Fifth Planning Die. ct; subregional libraries participate in a national automated system of delivery to clients known as Reader Enrollment and Distribution System (READS), which manages the collection and circulation date of the entire Talking Books Program; and the Library administration recommencis that the subregional grant of $7,359.00 be used for the following purposes: Purchase a file server with peripherals and software to complete conversion to multi-user version of READS. Continue hours of existing part-time Library Assistant to maintain collection and files for the subregional program for the visually and physically challenged. Continue staff training in use of READS multi-user computer system. The City Manager recommended that Council concur in the following actions: Accept the LSCA Title I Subregional Library for the Blind Grant, in the amount of $7,359.00, and appropriate the funds to the following accounts to be established in the Grant Fund: 551 ACTION: and Mayor Bowers. NAYS: None (Council Member McCadden was out of the Council Chamber.) $2,192.00 to Temporary Employee Wages, Account No. 0354)54-5043-t004 $167.00 to FICA, Account No. 0354)54-5043- 1120 $400.00 to Training & Development, Account No. 0354)545043-2044 $4,600.00 to Equipment, Account No. 036- 054-5043-9005 Establish a revenue estimate of $7,359.00 for the Subregional Title I Grant in the Grant Fund. Authorize the City Manager, or his designee, to execute the necessary documents accepting the Grant for the Roanoke City Public Library. (For full text, ass report on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency budget ordinance: (#32718-102395) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 68.) Mrs. Bowies moved the adoption of Ordinance No. 32718-102395. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, Parrott, White 6. 0. 552 ACTION: Mrs. Bowies offered the following resolution: (ff327t9-10239S) A RESOLUTION accepting a Library Sewices and Construction Act (LSCA) Title I Subregional Library for the Blind Grant. (For full text of Resolution, see Resolution Book No. 58, page 69.) Mrs. Bowies moved the adoption of Resolution No. 32719-102395. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, Parrott, White and Mayor Bowers . ..6. NAYS: Non.- O. (Council Member McCadden wes out of the Council Chamber.) BUDGET-HUMAN DEVELOPMENT-GRANTS-YOUTH-JUVENILE CORRECTIONAL FACILITIES: The City Manager submitted a written report advising that the City has received Program Grant No. 03CYO269107, in the amount of $90,000.00, from the U. S. Depa~b~ent of Health and Human Services to administer Sanctuary's Outreach Program for runaway and homeless children; funds ars to be used during the period September 1, t995 through August 3t, 1996, to cover the salaries of three quarters of the Outreach Coordinator's position, a Group Home Counselor II position, a Group Home Counselor I position and related program activities; and the U. S. Department of Health and Human Services awards grants for services in three year cycles, with the total grant project period September 1, 1995 through August 31, 1998. The City Manager recommended that Council concur in the following actions: Authorize the City Manager to execute grant agreement and ancillary documents required to accept the United States Depaf~,,ent of Health and Human Services' Runaway and Homeless Youth Program Grant, No. 03CYO269107. 553 ACTION: Appropriate $90,000.00 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: 1002 Regular Employee Salaries 1120 FICA 2030 Administrative Supplies 2051 Travel 2066 Program Activities Total $68,766.00 17,958.00 156.00 1,064.00 $90,000.00 Federal Grant Revenue $90,000.00 (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following emergency budget ordinance: (~32720-102395) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 69.) Mr. Edwards moved the adoption of Ordinance No. 32720-102396. 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. Mr. Edwards offered the following resolution: (~32721-102395) A RESOLUTION authorizing the acceptance of a grant from the United States Deparb~,ent of Health and Human Services to provide services to runaway and homeless youth at the City's Crisis Intervention Center (Sanctuary); and authorizing the execution of the necessary documents. (For full text of Resolution, see Resolution Book No. 58, page 70.) 554 ACTION: Mr. Edwards moved the adoption of Resolution No. 32721- 102395. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, White end Mayor Bowers. 7. NAYS: None HUMAN DEVELOPMENT-GRANTS-YOUTH-YOUTH CORRECTIONAL FACILITIES: The City Manager submitted a written report advising that the City receives funding from the State Department of Youth and Family Services to administer and operate the following juvenile justice system programs: Crisis Intervention Center also known as Sanctuary CHsie Shelter Sanctuary Family Oriented Group Home (FOGH) Youth Haven I Post-Dispositional Group Home for Males The Secure Juvenile Detention Home Outreach Detention Program It was further advised that Section 16.t-322.1 of the Code of Virginia (1950), as amended, delineates appropriation of funds to localities for operating juvenile correctional facilities or programs, which funding source is more commonly known as block grants; the City of Roanoke is to receive $$29,337.00 per revenue estimate in block grant funding for the first two quarters in 1995-96 fiscal year; the 1995 Virginia General Assembly enacted the Virginia Juvenile Community Crime Control Act (VJCCCA), effective January 1, 1996, which replaces the block grant system for all community based programs and services except secure detention homes; the VJCCCA will provide funding for each jurisdicton in the State; and localities wishing to use the Act Fund for development, implementation and operation of programs and services must submit a local plan to the Board of Youth and Family Services for approval. i 555 It waa explained that the City of Roanoke is to receive funding through the Virginia Juvenile Community Crime Control Act in the amount of $467,794.00 for six months, beginning January 1, 1996 through June 30, 1996 for the 1995-96 fiscal year, which amount does not include funding for the secure detontion home; the City is to receive $935,587.00 for fiscal years 1996-97 and 1997-98; the VJCCCA requires the City to maintain its funding level based on the amount of local dollars supporting block grant programs es of the fiscal year ending June 30, t995; the amount of funding for the six month period beginning January I through June 30, 1996, will be $718,762.00, and the amount of funding for fiscal years 1996-97 and 1997-98 will be $1,437,522.00 each year. It was notod that Juvenile end Domestic Relations District Court Judges from the Twenty-Third Judicial District, the Director of 23A Court Services Unit and City staff recommend utilizing funds through VJCCCA for continuation of the four block grant programs and addition of nine new service programs for the juvenile justice population in Roanoke City, as follows: The four continuation programs to be funded through the VJCCCA and local funds include: Youth Haven I post-dispositional group- home for males Sanctuary/Crisis Intervention Center Juvenile Outreach Detention Supervision Program Family Oriented Group Home Program New programs to be established include: Substance abuse assessment and treatment at Court Service Unit and Youth Haven I Intensive Family Counseling and aftercare at Youth Haven I Detention Home bed purchase 556 Electronic monitoring through the Outreach Detantion Program Intensive supervision program through the Juvenile Court Service Unit Intensive Outreach Program through SanctuarylCr;~sis Intervention Center Street L~w Program through the Court Service Unit ACTION: Enhanced Community Service Program through the Court Service Unit. .T. he City Manager recommended that Council endorse, by reeolution, the proposed plan of services and authorize the City Manager to submit the proposed plan to the State Board of Youth and Family Services. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following resolution: i (#32722-102395) A RESOLUTION endorsing the City's plan of services for participation in the Virginia Juvenile Community Crime Control Act, and authorizing the City Manager to execute the necessary documents to submit the plan of services to the State Board of Youth and Family Services. (For full text of Resolution, see Resolution Book No. 58, page 71.) Mrs. Bowles moved the adoption of Resolution No. 32722-102395. 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. i 557 CAPITAL IMPROVEMENTS PROGRAM-ECONOMIC DEVELOPMENT: The City Manager and the Director of Finance submitted s joint written report advising that on August 8, t994, Council adopted Resolution No. 32133-080894 and Ordinance Nos. 32131-080894 and 32132-080894, approving the Capital Improvements Program (CIP) for t994-1998, and authorizing a referendum to be held in November 1994 on the issuance of $23.0 million in capital improvement bonds; the CIP, totalling $235,230,696.00, has been revised for fiscal years 1996-2000, which document updates the status of ourrent projects and amends the projects funded by the $8.3 million in additional bonds; and major changes in the updated Capital Improvement Program include the following: Projects that have been completed in the past year have been removed from the updated document. Projects approved since the previous Capital Improvements Program was adopted in August 1994 have been added to the updated CIP. Project costs have been updated, either based on actual contract prices or updated estimates from the City Engineer. The City Manager and the Director of Finance recommended that Council adopt a resolution endorsing the Capital Improvement Program for fiscal years 1996-2000. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#32723-102395) A RESOLUTION endorsing the Capital Improvement Program submitted by the City Manager and Director of Finance by report of October 23, 1995. (For full text of Resolution, see Resolution Book No. 58, page 72.) ACTION: Mr. Parrott moved the adoption of ReeoluUon No. 32723-102395. The motion was seconded by Mr. White and adopted by the following vote: 558 ACTION: AYES: Council Membem Wyatt, Bowles, Edwards, McCadden, Parmtt, Whito and Mayor Bowem 7. NAYS: None O. DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of September 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. REPORTS OF COMMITTEES: CITYEMPLOYEES-PERSONNELDEPARTMENT-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 execution of a lease between the City and C. W. Francis & Son, Inc., for uae of office space at 120 West Kirk Avenue for the Employee Medical Care Program. A staff report advised that additional office space is required by the Occupational Health Nurse due to growth in staff and programs since moving into the current space in the Municipal Building, and the additional space would tomporerily relieve currant over-crowding until a permanent facility ia ready for occupancy; Personnel Management has located suitable space at 120 W. Kirk Avenue, Official Tax No. 1011607, owned by James L. Trinkle, which lease will be for a period of at least six months, continuing on a month-to-month basis, at a rate of $600.00 par month for 2,525.00 square feet, or $2.85 per square foot par year; and the City would be responsible for all util~ee and maintenance of the facility. The Water Resources Committee recommended that Council authorize a lease between the City and James L. Trinkle for an initial term of six months, commencing December 1, 1995, said lease to continue on a month-to-month basis thereafter, at the rate of $600.00 per month, in a form to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) i 559 Mm. Bowies offered the following emergency ordinance: I (#32724,102395) AN ORDINANCE authorizing the proper City officials to enter into a sublease agreement between C.W. Francis & Son, Inc., and the City of Roanoke for use of office space at 120 West Kirk Avenue, by the Occupational Health Nurse, upon certain terms and conditions, end providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 73.) ACTION: Mm. Bowies moved the adoption of Ordinance No. 32724-102395. 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: Non= O. BUDGET-AUDITS/FINANCIAL REPORTS-CABLE TELEVISION: A report of the City's representatives to the Roanoke Valley Regional Cable. Television Committee, advising that the cable television I french,se agreement between the City and Cox Communications, Inc., formerly Cox Cable Roanoke, Inc., was entered into by agreement dated May 1, 1991; and pursuant to agreement dated June 9, 1992, the City of Roanoke, the County of Roanoke and the Town of Vinton established the Roanoke Valley Regional Cable Television Committee for the purpose of developing, administering, and operating cable television educational and institutional facilities and programming. It was further advised that consistent with the abovedescribed obligations, the Committee has indicated that it believes an audit of the franchise fee payments for a three year period would be appropriate since no audit has I===n conducted since the franchise agreement was entered into in 1991; although the Committee does not believe that Cox Cable has violated any provisions of the ordinance or franchise agreement concerning the franchise fee payments, the Committee is of the opinion that good business practice would suggest that an audit be conducted in order to confirm that the franchise fee payments are being made in accordance with the ordinance and franchise agreement; and the Committee proposes that the audit be conducted for a three year period going back to approximately July 1, t992. 560 ACTION: It was explained that an audit of franchise fee payments generally consists of two tasks, the first including a review of the requirements within the City's franchise agreement; sometimes, the franchising authority's interpretation of franchise agreements differ from the cable operator's interpretation, which often involves an interpretation of the definition of "gross revenues" and other terms used in the agreement; the second task for a franchise fee audit consists of obtaining necessary information flora the cable operator and actually running the numbers to determine whether financial calculations support franchise fee payments which have been remitted to the franchising authority; and the Committee has received a proposal from Moss and Barnett, special counsel, to conduct an audit. The Committee advised that if Moss and Barnett conduct a desk audit of the three jurisdictions reprssented by the Committee, it would take approximately 25 to 40 hours, at an hourly charge of $125.00 per hour, for a total estimated cost of approximately $3,125.00 to $5,000.00; the Committee has requested that rsprosentatives of each locality on the Roanoke Valley Regional Cable Television Committee ask their respective local governing body to authorize the Committee to engage Moss and Barnett in a desk audit and to authorize appropriate pro-rata funds from each locality on the basis of Cox Cable customers in each locality; and inasmuch as 59.35 per cent of Cox Cable's customers reside in the City of Roanoke, assuming a desk audit cost of $5,000.00, the City's share would be $2,967.50. The City's representatives to the Roanoke Valley Regional Cable Television Committee recommended that Council authorize Moss and Barnett to conduct an audit of franchise fee payments of Cox Communications, Inc. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#32725-102395) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 73°) Mr. Parrott moved the adoption of Ordinance No. 32725-102395. The motion was seconded by Mr. White and adopted by the following vote: .! 561 i AYES.: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, INh~ts and Mayor Bowers 7. NAYS: None. 0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 32700 permanentiy vacating, discontinuing and closing an undeveloped portion of Stephenson Avenue, S. W., beginning at its intersection with Wildwood Road and running a distance of approximately 210 feet to its intersection with Longview Avenue, S. W., having previously been before the Council for its first reading on Monday, October 16, 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: (#32700-102395) AN ORDINANCE permanently vacating, I 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. 58, page 32.) ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32700-101695. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, White and Mayor Bowers ~,. NAYS: None (Council Member Parrott abstained from voting.) ZONING: Ordinance No. 32701 rezoning a tract of land lying on the west side of Grandview Avenue, N. W., between Empress Drive and Marr Street, Official Tax No. 2270223, from RS-3, Residential Single- Family District, to C-1, Office District, subject to certain conditions proffered by the petitioner contained in a petition filed in the City Clerk's Office on August t5, 1995, having previously been before the Council for its first reading on Monday, October 16, 1995, read and 562 adopted on its first reading and laid over, wes again before the body, Mr. McCadden offering the following for its second reading and final adoption: (#32701-102395) AN ORDIHANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 227, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 58, page 34.) ACTION: Mr. McCadden moved the adoption of Ordinance No. 32701- 102395. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers ....... 7. NAYS: None TRAFFIC-BONDS/BOND ISSUES/STATE HIGHWAYS-CITY JAIL- CITY SHERIFF-CITY EMPLOYEES-SCHOOLS: Ordinance No. 32703 authorizing the City to contract a debt and issue general obligation bonda in the principal amount of $8.3 million to finance the cost of certain public improvement projects of and for the City, viz: Interstate Highway 1-581 Interchange. $5.0 million, City Jail Expansion - $2.3 million, and City Employee Parking Facilities - $1.0 million, having ~reviously been before the Council for its first reading on Monday, ctober t6, 1995, 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: '1 (#32703-102395) AN ORDINANCE authorizing the issuance of eight million three hundred thousand dollars ($8,300,000) principal amount of general obligafion bonds of the City of Roanoke, Virginia, for the purpose of providing funds to pay the cost of various public improvement projects of and for such City; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds; and authorizing and providing for the issuance and sale ora like principal amount of general obligation public improvement bond anticipation notes in anficipetion of the issuance and sale of such bonda. (For full text of Ordinance, see Ordinance Book No. 58, page 35.) 563 ACTION: Mr. Parrott moved the adoption of Ordinance No. 32703-102395. The motion was aeconded by Mr. White and adopted by the following vote: AYES: Council Membem Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers... 7. NAYS: None . ACTS OF ACKNOWLEDGEMENT-OECEASED PERSONS: Mr. Parrott offered the following resolution memorializing James Lewis Trinkle: ACTION: ACTION: (#32726-102395) A RESOLUTION memorializing James Lewis Trinkle. (For full text of Resolution, see Resolution Book No. 58, page 74.) Mr. Parrott moved the adoption of Resolution No. 32726-102395. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Edwards, McCadden, Parrott, White and Mayor Bowers. 7. NAYS: None e OATHS OF OFFICE-COMMITTEES-INDUSTRIES: Mr. Parrott offered the following resolution reappointing Margaret R. Baker as a Director of the Industrial Development Authority of the City of Roanoke, to fill a four (4) year term on its Board of Directors: (#32727-102395) 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. 58, page 76.) Mr. Parrott moved the adoption of Resolution No. 32727-102395. The motion was seconded by Mr. McCadden and adopted by the following vote: 564 ACTION: AYES: Council Membem Wyatt, Bowies, Edwards, McCadden, Parrott, White and Mayor Bowers 7. NAYS: None MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ARMORY/STADIUM-COUNCIL.CONSULTANTS REPORTS: Council Member McCadden inquired as to the status of the consultant's report regarding Victory Stadium/field house; whereupon, the City Manager advised that a progress report will be submitted to Council setting forth projected dates. COUNCIL-FIRST UNION NATIONAL BANK: Vice-Mayor Edwards inquired as to the City's efforts in regard to encouraging another branch bank to locate in the southeast section of the City of Roanoke in view of the recent announcement of First Union National Bank to close its southeast branch; whereupon, the City Manager advised that Council will be provided with a progress report on the City's efforts to date. COUNCIL: Council Member White requested that the Mayor issue a statement in regard to Council's Strategic Planning Sessions which were held on Friday and Saturday, October 20 and 21, 1995; where- upon, the Mayor advised that the sessions involved discussion and a greater understanding of what each Council Member brings to the Council experience, as well as discussion about the things that Council Members like about Roanoke. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 5:55 p.m., the Mayor declared the meeting in recess. At 7:05 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 Vice-Mayor Edwards. 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 knowiedge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom 565 of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened ware 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, McCadden, Parrott, INhite and Mayor Bowers ...... 6. NAYS: None O. (Vice-Mayor Edwards was absenL) COMMITI'EES-SPECIAL EVENTS: The Mayor advised that there are two vacancies on the Special Events Committee, and called for nominations to fill the vacancies. Mr. McCadden placed in nomination the name of William H. Carder. Mrs. Bowies placed in nomination the name of Sate L. McGhee. There being no further nominations, Mr. Carder and Ms. McGhee were elected as members of the Special Events Committee, for terms ending June 30, 1996, by the following vote: ACTION: FOR MR. CARDER AND MS. MCGHEE: Council Members Wyatt, Bowies, McCadden, Parrott, INhite and Mayor Bowers · 6. (Vice-Mayor Edwards was absent.) OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that there is a vacancy on the Youth Services Citizen Board, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Cheniss A. Anderson. There being no further nominations, Ms. Anderson was elected as a member of the Youth Services Citizen Board to fill the unexpired term of James C. Stephens, resigned, ending May 31, 1997, by the following vote: 566 ACTION: FOR MS. ANDERSON: Council Members Wyatt, Bowles, McCeddsn, Psrrott, White and Mayor Bowers-. . 6. (Vice-Mayor Edwards was absent.) COMMITTEES-PARKS AND RECREATION: The Mayor advised that it was the consensus of Council to appoint an additional member to the Mill Mountain Development Committee, and called for nominations to fill the position. Mr. Parrott placed in nomination the name of Jordan B. Peck, III. There being no further nominations, Mr. Peck was elected as an additional member of the Mill Mountain Development Committee for a term ending June 30, 1996, by the following vote: ACTION: FOR MR. PECK: Council Members Wyatt, Bowles, McCadden, Psrrott, White and Mayor Bowers £. (Vice-Mayor Edwards was abssnL) There being no further business, the Mayor declared the meeting adjourned at 7:10 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor TITLE TARGET 1. Agency/Office of Origin: CITY OF ROANOKE 2 Name/Title of Records: CITY COUNCIL MINUTES 3. Inclusive Dates of Records: VOLUME 83, 11/1995- 5/1996 4. Date Filmed: 5. Reduction Ratio: 16 X 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 V~~ as authorized by Sections 8.01-39.1; 15.1~, 42.1- 82, 42.z~3 of the ~ Signature of Records Custodian Date ROANOKE CITY COUNCIL ........... PLANNING WORKSHOP November 3, 1996 The Council of the City of Roanoke held its second Planning Workshop on Friday, November 3, 1995, at 3:00 p.m., in the Executive Director's Conference Room, Roanoke Regional Airport, with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowles, William White, Sr., Linda F. INyatt and Mayor David A~ Bowers ................................................... -4. ABSENT: Council Members John S. Edwards, Delvis O. McCaddan and John H. Parrott ........................................... -3. OFFICERS PRESENT: W. Robert Herbert, City Manager;, James D. Ritchie, Sr., Assistant City Manager; James D. Grieso, Director of Finance; and Mary F. Parker, City Clerk. OTHERS PRESENT: Kit B. Kiser, Director of Utilities and Operations; George C. Snead, Jr., Director of Public Safety; Glenn D. Radcliffe, Director of Human Development; William F. Clark, Director of Public Works (arrived at 6:00 p.m.); and Deborah J. Moses, Manager, Billings and Collections. The facilitator for the workshop was Dr. Robert E. Matson, Professor and Director for Leadership Development, University of Virginia. Dr. Matson advised that at the conclusion of the workshop on Saturday, October 21, 1995, a subcommittee composed of Council Members Wyatt and Parrott was charged with the responsibility of preparing a draft vision statement for the four major categories; whereupon, Ms. Wyatt reviewed draft statements for the following Major Vision categories: Economy - Downtown Education Quality of Life -- Environment - Human Development -- Neighborhoods Good Government -- Regionalism Following the review, Dr. Matson pointed out that the draft statements appear to be strategic targets and should be further defined in order to be more specific in terms of direction. He explained that a vision statement should accomplish the following: (1) It focuses on a better future. (2) It encourages hopes and dreams. (3) It appeals to..c, ommunity values. (4) It states p.os,t,ve outcomes. . (5) It emphas;zes .the strength of a un,ted group. (6) It uses word p,ctures, images and reetsphors. (7) It communicates enthusiasm and kindles excitement. Before reaching a consensus, Dr. Matson called attention to the need to engage in another group exercise, and requested that workshop participants respond to the following question: '%~lmt needs to be fixed in Roanoke?' Following the exercise, he ~;ated that the group would revisit the draft mission statements as presented by Ms. Wyatt for further discussion. The following items were listed by participants in response to the question, "What needs to be fixed in Roanoke?" 1. Henry Street 2. Education 3. Older Neighborhoods -- Infrastructure -- Rental Inspection e Communica~on of services - programs to citizens -- what is the City doing and what is available in the City Communication to citizens that we want safe, crime-free neighborhoods - perception versus reality Depa, (,,.~ntal walls (at-risk kids - schools, social services, police department, interaction of service deliveries) 7. Image of City -- extemal and in-city -- region and nation 8. Racial, social and integration (remove barriers) 3 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 2t. 22. Expectations of government services - downsize, eliminate, out-source -- reinvent for the future Fiscal limitations -- revenue sources -- no other way to raise money but through taxes Divisiveness/diversity as a strength Lack of available land to grow - future projections for economic development through research and looking at what do we have now -- economic prognosticating .- optimum use What are we to be in the year 20107 Define policy/operations managing - we need to understand whose role is what RCIT expansion Mill Mountain/recreation Higher Education Center - higher education in downtown Listening to Roanoke's youth and provide improved communica6on - we sometimes do not listen to what they are saying -- the programs are here but the youth do not perceive it Expansion of parks and recreation beyond athletics - a need to begin to provide recreational opportunities for older persons Beautification - environmental - continue beautification efforts and be more environmentally sensitive - flowers, plants, recycling, gresnways, littering/public education Encourage citizens to be more self-reliant Hope/values for disadvantaged youth 4 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 35. 36. 37. Improve the perception of City govemmant as an employer and as a purchaser of goods and services within the minority community (African-American community) -- the perception is that in higher level jobs we do not provide opportunities and a proportionate share in the purchase of goods and services Increase in citizen participation -- trust/empowerment Move disenfranchised toward inclusion - work toward making citizens work (lend an effort to making Roanoke healthier) Federal/State - budget impacts Regional/Industrial development Transportation access - mass transit to get people to jobs and where they need to be (interstate, Amtrak, local, road to Smith Mountain Lake, beltway) Upscale housing - medium/upper income housing Tourism (Appalachian Region - lifestyle) - work on a focus Help existing businesses to expand and grow Continuously updating land use plan Set priorities within planning process (short/long term projects/programs) Provide or facilitate support for other kinds of education (trade schools, high tech, etc.) Continue to direct resources to "earlier" forms of education - who provides (pre-school, three year old programs, etc.) Parenting education One-stop education for parenting needs 40. Community commitment to life-long learning 41. Expand walls of traditional schools, i.e. through technology 42. Fiscal/financial commitment -- partnerships 43. Relief to schools in terms of the number of things they are expected to deliver 44. Issue of access to community/cultural activities 45. Perception/reality of safe community for senior citizens 45. Level of services for senior citizens 47. "Senior Citizen Watch Program" 45. Hea!.th care for s.e. niors/prev.entative - !inkagss between I reed,cai commun,ty and sen,or population It was the consensus that the following broad categories were encompassed in the abovelisted items: - Economic Development -- Education -- Quality of Life -- Effective Govemment/Govemance Group participants agreed that the following ideas should be included under the category, Effective Govemment/Govemance: (1) inclusive, (2) participa, tory, (3) respons,ve to the n. eeds of the citizens, (4) sen. sitive/compass,onate, (5) canng, and (6) technologically advanced. From the abovestatsd 1 - 48 items, Dr. Matson asked workshop participants to list those items that fall under the category of Effective Government; whereupon, the following itsm.~ were listed: Nos. 4, 6, 7, 9, 11, 14, 18, 21, 22, 23, 24, 25. It was agreed that Item Nos. 1, 15, 17, 16 and 20 are projects; Item Nos. 10, 12 and 26 are economic development issues; Item Nos. 3 and 5 are strategic objectives; and Item No. 13 is a mission statement. Dr. Matson asked Members of Council to list their top five priorities under the category of Good Government; whereupon, the following is a compilation of the results: Item No. 7 two votes Item No. 9 three votes Item No. 21 one vote (Nos. 9 and 21 combined) Item No. 4 four votes Item No. 6 three votes Item Nos. 23, 24, 25 four votes (combined) Item No. 26 one vote It was agreed that Item Nos. 9 and 21 should be combined; and Item Nos. 10, 12 and 26 should be combined. At 7:00 p.m., the Mayor declared the workshop in recess until 8:30 a.m., on Saturday, November 4, t995, in the Executive Director's Conference Room, Roanoke Regional Airport. On Saturday, November 4, 1995, at 8:40 a.m., the workshop reconvened in the Executive Director's Conference Room, Roanoke Regional Airport, with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowles, John H. Parrott, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers .................................. 5. ABSENT: Council Members John S. Edwards and Delvis O. McCadden---2. OFFICERS PRESENT: W. Robert Herbert, City Manager;, James D. Ritchie, Sr., Assistant City Manager; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. 7 OTHERS PRESENT: Kit B. Kissr, Director of Utilities and Operations; George C. Snead, Jr., Director of Public Safety; William F. Clark, Director of Public Works; Glenn D. Radcliffe, Director of Human Development; and Deborah J. Moses, Manager, Billings and Collections. The facilitator for the workshop was Dr. Robert E. Matson, Professor and Director for Leadership Development, University of Virginia. Dr. Matson continued to engage the group in a discussion about those things that nc. cd to be fixed in Roanoke; whereupon, he asked Council Members to select their top seven priorities in regard to Economic Development. The following is a compilation of the results: Item No. 3 one vote Item No. 4 one vote Item No. 5 one vote Item No. 6 one vote Item No. 11 one vote Item No. 13 two votes Item No. 20 one vote Item No. 22 one vote Item No. 23 one vote Item No. 27 - four votes Item No. 28 - five votes Item No. 29 - five votes Item No. 30 - four votes Item No. 31 - five votes Item No. 33 - one vote Council Members were requested to select their top eight priorities under the category of Education, drawing from not only the abovelisted items, but those listed on a handout entitled, "Educa~on (Key Phrases Or Ideas)"; whereupon, the following is a compilation of the results: Item No. 11 one vote Item No. 22 two votes Item No. 34 two votes Item No. 35 four votes Item No. 36 three votes Item No. 37 one vote Item No. 38 two votes Item No. 39 one vote item No. 40 one vote Item No. 41 Item No. 42 Item No. 43 four votes four votes three votes From handout entitled, "Education (Key Phrases Or Ideas)": Item No. 2 one vote Item No. 6 one vote Item No. 7 one vote Council Members were requested to select their top eight priorities in regard to Quality of Life, drawing from not only the abovelisted items, but those items listed on a handout entitled, "Quality of Life (Key Phrases Or Ideas)": Item No. 8 one vote Item No. 11 . one vote Item No, 18 o one vote Item No, 20 ° one vote Item No. 22 one vote Item No. 44 two votes Item No. 45 two votes Item No. 45 one vote From handout entitled, "Quality of Life (Key Phrases Or Ideas)": Item No. 2 four votes Item No. 3 two votes Item No. 4 two votes Item No. 5 three votes Item No. 6 one vote Item No. 7 - three votes Item No. 8 - two votes Item No. 10 two votes There was discussion in regard to including representatives of the School Board/Administration in drafting the Education vision statement; whereupon, the consensus was that the Mayor, Council Members Bowles and White and the City Manager would brief the Chairman of the School Board and the Superintendent of Schools on the work that Council has accomplished thus far, with the understanding that a representative of the School Board and the School Administration will attend the next workshop to be held on Friday, November t7 to provide input. It was the further consensus of Council that the following Council Members would work with City staff to prepare a proposod draft vision statement on Economy, Effec'dve Government and Quality of Life, with the Education vision statement to be held in abeyance until the November 17 workshop: Economy Council Member Par~ott Effective Govemment Council Member Bowles Quality of Life Council Member Wyatt It was also agreed that Vice-Mayor Edwards and Council Member McCadden should be briefed on Council's discussion prior to the November 17 workshop and that they be invited to participate on one of the subcommittees. At the conclusion of the woHr~hop, Dr. Matson asked each participant to share his or her perception as to the work that was accomplished during the past two days. There being no further business, the Mayor declared the workshop adjoumed at 1:05 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL November 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, November 13, 1995, at 3:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, R_~ular Meetin_Dg~ of Section 2-15, Rul~ of Procedure~ Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Elizabeth T. Bowies, Delvis O. McCadden, John H. Parrott, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers 5. ABSENT: Vice-Mayor John S. Edwards OFFICERS PRESENT: W. Robert Herbert, City Manager;, James D. Ritchie, Sr., Assistant City Manager; William X Parsons, Assistant City Attorney; James D. Gdsso, Director of Finance; and Mary F. Parker, City Clerk. The n-=c:Jng was opened with a prayer by The Reverend Jim D. Smith, Pastor, St. Elizabeth's Episcopal 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 the Honorable Nikolai Grachyov, Mayor, Tomsk District, Siberia, and presented Mayor Grachyov with a Key to the City. BUSES-ACTS OF ACKNOWLEDGEMENT-PROCLAMATIONS: The Mayor presented a proclamation declaring Monday, November 13, 1995, as James R. "Jimmy" Carter Appreciation Day 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.) ACTION: CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for Executive Sessions to discuss legal matters requiring the provision of legal advice by counsel, specifically the interpretation of loan documents and conside;a;;on of enforcement actions to collect a debt owed to the City; and to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the 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 (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 vadous 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 Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers ................... - ..................... -6. NAYS: None (Vice-Mayor Edwards was absent.) CLAIMS-COUNCIL: A report of the City Manager requesting that Council meet in Executive Session to discuss legal matters requiring the provision of legal advice by counsel, specifically the interpretation 12 ACTION: of loan documents and consideration of .enf..orcement actione to collect a deb.t owed to the City, pursuant to Section 2.1-344 (A)(7), Cede of i Virgin,a (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 legal matters requiring the provision of legal advice by counsel, specifically the interpretation of loan documents and consideration of enforcement actions to collect a debt owed to the City, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Ms. INyatt and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, INyatt and Mayor Bowers ...................... -6. NAYS: Nons (Vice-Mayor Edwards was abssnL) MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee held on Monday, October 23, 1995, were before Council. The Audit Committee addressed the following items: External Audits: Citizens Services Committee School Activity Funds June 30, 1995 Internal Audits: Substantive Testing: expenditure transactions termination procedures zoning information warehouse records management 13 I! ACTION: ACTION: Audit Findings Follow-up June 30, 1996 (For full text, see minutes on file in the City Clmt('s Office.) Mrs. Bowies moved that the Minutes be received and filed. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, tNhite, Wyatt and Mayor Bowers ......................................... --6. NAYS: None .... -0. (Vice-Mayor Edwards was absent.) BUDGET-CITY EMPLOYEES-PERSONNEL DEPARTMENT: A report of the City Manager advising that personnel lapse is generated due to employee turnover and vacancies in City departments; for the current fiscal year, salary savings of $785,000.00 are projected as a result of vacancies; and the following figures represent the status of Personnel Lapse for fiscal year 1995-96 as of September 30, 1995, was before Council. General Fund: Total Budgeted Personnel Lapse ($788,0Q0.00) First Quarter Personnel Lapse Generated July $ 82,601.00 August 80,161.00 September 102.001.00 $264.763.00 Less Revenue Adjustment (22.056.00) Net First Quarter Reduction 242.707.00 Pemonnel Lapse Balance Remaining after First Quarter (S642.293.00! (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: 14 ACTION: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers NAYS: None ..... -0. (Vice-Mayor Edwards was absent.) OATHS OF OFFICE.COMMITTEES-COUNCIL-ARCHITECTURAL REVIEW BOARD-HOTEL ROANOKE CONFERENCE CENTER-ViRGINIA TECH: The following reports of qualification were before Council: Robert B. Manetta as a member of the Architectural Review Board for a term ending October 1, t999; and William White, Sr., as a Commissioner of the Hotel Roanoke Conference Center Commission, to fill the unexpired term of James G. Harvey, II, resigned, ending Apdl 12, 1998. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the reports of qualification be received and filed. The motion wes seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers ................................................ --6. NAYS: None (Vice-Mayor Edwards was absonL) HEARING OF CITIZENS UPON PUBLIC MATTERS: COMPLAINTS-PARKS AND RECREATION-CITY PROPERTY- STREETS AND ALLEYS: Mr. Lewis O. Ferguson, 3209 Troy Avenue, N. W., addressed Council in connection with Prospect Road in the Mill Mountain ama which has been closed to the public for a number of years, and advised that until an ordinance of abandonment is enacted, it is the City's responsibility to control, maintain and keep the road open to the public. He stated that he is advised that a request has been, or will be, made by a citizen of Roanoke for conveyance of a 15 portion of the roadway; however, he spoke against the request inasmuch as public streets of the City should not be conveyed to private citizens, and the City should maintain the roadway for vehicular and pedestrian use. He stated that there could be a need in the future to use the roadway in an emergency situation in order to reach Mill Mountain. He expressed si,,,ng opposition to conveying City property to any private citizen or business. The Mayor requested that the remarks of Mr. Ferguson be received and filed, and that the City Manager be requested to advise Mr. Ferguson of any further action that may be taken by the City relative to Prospect Road. TRAFFIC-STREETS AND ALLEYS: Ms. Helen E. Davis, 35 Patton Avenue, N. E., inquired as to whether the City has adopted a 10 - 20 year comprehensive traffic and street design; whereupon, the City Manager advised that he would investigate the matter and advise Ms. Davis accordingly. PETITIONS AND COMMUNICATIONS: TAXES-LEGISLATION-SPECIAL PERMITS-HOUSING/AUTHORJTY: A communication from Amy C. Moore, Executive Director, Habitat for Humanity in the Roanoke Valley, inc., transmitting a petition requesting adoption of a resolution in support of the organization's request to obtain tax-exempt status from the General Assembly of Virginia on certain real property located at 1701 Cleveland Avenue, S. W., was before Council. It was advised that Habitat for Humanity in the Roanoke Valley, Inc., is a Virginia, non-stock, not-for-profit corporation that has been offered a gift of certain real property located at 1701 Cleveland Avenue, S. W., Official Tax No. 1320804; and the petitioner desires to be an organization designated by Article 4, Section 58.1-3650 et seq. of the Code of Virginia (1950), es amended, in order that the abovereferenced real estate, to be used exclusively for charitable and benevolent purposes in responding to the housing needs of Iow income working families, be exempt from taxation under provision of Article X, Section 6 (a)(6) of the Constitution of Virginia es long as said petitioner is a not- for-profit org.a, nization; and the property s.o.. exem. pt is used in accordance w~th the purpose for which the petitioner ,s classified. (For full text, see communication and petition on file in the City Clerk's Office.) 16 ACTION: ACTION: Mr. Parrott moved that the request be referred to the City Manager for study, report and recommendation to Council; and that a public hearing be scheduled for Monday, December 11, 1995, at 7:00 p.r~, or as soon thereafter as the matter may be heard. The motion was seconded by Mrs. Bowies and adopted. TAXES-LEGISLATION-SPECIAL PERMITS-HOUSING/AUTHORITY: A communication from Debra B. Williams, Treasurer, Crisis Pregnancy Center of Roanoke Valley, Inc., transmitting a petition requesting adoption of a resolution in support of the organization's request to obtain tax-exempt status from the General Assembly of Virginia on certain real property located at 5034 Williamson Road, N. W., was before Council. It was advised that Crisis Pregnancy Center of Roanoke Valley, Inc., a Virginia non-stock, not-for-profit corpora[ion, is the owner of real property located at 5034 Williamson Road, N. W., in the City of Roanoke; and the petitioner desires to be an organization designated by Article 4, Chapter 36, Title 58.1 of the Code of Virginia (1950), as amended, in order that the abovereferenced real property and personal p.rop.e.r~y., hous. e.d on s. uch real prop.erty and used exclusively for cnanta=,e ano .~e. nevo,ent purposes ,n responding to the needs of women and thmr loved ones regarding crisis pregnancies, sexuality an. cl...p~. _-a~o_rdo.n. issues be exempt from taxation under the provision-~ or Arrlcm x, :sscbon 6 (aX6) of the Gonstitution of Virginia as long as said petitioner is a not-for-profit organization, and the property so exempt is used in accordance with the purpose for which the petitioner is classified. (For full text, see communication on file in the City Clerk's Office.) Mr. Parrott moved that the request, be referred to the City Manager for study, report and recommendat;on to Council; and that a public hearing be scheduled for Monday, December 11, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard. The motion was seconded by Mrs. Bowles and adopted. DIRECTOR OF FINANCE-CITY TREASURER-COMMISSIONER OF cREVEN. UE-LICENSES-TAXES: A joint communication from the om .m.,ssioner of the Revenue and the .C. ity Treasurer recommending adop.t.,on of a measure amending the C,ty Code to change the filing deadl,ne for business licenses to March 1, was before Council. 17 ACTION: It was advised that Roanoke City businesses must submit their Business, Professional and Occupational License (BPOL) application and payment by January 31 in order to obtain a new license and to be in compliance with provisions of the City Code; each year businesses and their accountants state that the short period of time available to compute the gross receipts for the previous year to accurately reflect the license fee by the January 31 deadline is a distinct burden; and businesses with a BPOL tax of more than $100.00 may pay one-half of the tax by the January 1 deadline and be billed for the remaining one- half to be paid by May 31. It was explained that changing the City's due date for BPOL applications and payment to March 1 will allow businesses throughout the Roanoke Valley to have a consistent due date; the change would also ease the difficulty in accurately reflecting the gross receipts so quickly after most businesses close out for the year; due to the small number of businesses that use the second payment option (322 out of 6,563), eliminating the installment payment option will not have an adverse customer service impact; and the effective date of the elimination would be January 1, 1997, thereby giving businesses ample time to plan for the change. The Commissioner of the Revenue and the City Treasurer recommended that Council adopt an ordinance amending the Code of the City of Roanoke (1979), as amended, to change the business license tax due date to March 1, effective January 1, 1996, and to eliminate the second payment option for the BPOL tax, effective January 1, 1997. A report of the Director of Finance concurring in the abovestated recommendation, advising that the new filing forms will also direct businesses to mail the payment directly to the City Treasurer's Office instead of the Commissioner of the Revenue's Off',ce which will enhance the timeliness of payment deposits; and extending the due date from January 31 to March 1 will decrease the opportunity to earn interest income, but should be offset by operational efficiencies and elimination of the subsequent collection date of the second installment in 1997, was before Council. (For full text, see communication and report on file in the City Clerk's Off,ce.) Mr. White moved that the following ordinance be placed upon its first reading: 18 ACTION: (#32728) AN ORDINANCE amending and reordaining subsections (a), (b), (f} and (g) of §19-20, When tax oavable: installment payment: ~enaltv for late rmyment: re~ort and collection of delinquencies, of A~ticle I, In General, of Chapter 19, license ~ of the Code of the City of Roanoke (1979), as amended, to require payment to be received on or before March I for the license tax year beginning January 1, 1996, and all subsequent tax years, and to eliminate the installment payment option for the license tax year beginning January 1, 1997, and all subsequent tax years. (For full text of Ordinance, see Ordinance Book No. 58, page 99.) The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowles, Parrott, White, Wyatt and Mayor Bowers ............................. -5. NAYS: Council Member McCadden (Vice-Mayor Edwards was absent.) COUNCIL: A communication from Mayor David A. Bowers recommending that the regular meeting of City Council scheduled for Tuesday, December 26, 1995, be reecheduled for Monday, December 18, 1995, at 3:00 p.m., in view of the holiday season, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowies offered the following resolution: (#32729-111395) A RESOLUTION providing that the regular n'=-c.~ng of City Council scheduled to be held at 3:00 p.m., on Tuesday, December 26, 1995, shall be held at 3:00 p.m. on Monday, December 18, 1995. (For full text of Resolution, see Resolution Book No. 58, page 78.) Mrs. Bowies moved the adoption of Resolution No. 32729-111395. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowies, McCadden, Parrott, White, Wyatt and Mayor Bowe~ -- -6. NAYS: Nono (Vice-Mayor Edwards was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-BONDS/BOND ISSUES-STATE HIGHWAYS-CAPITAL IMPROVEMENTS PROGRAM-ViRGINIA TRANSPORTATION MUSEUM- GRANTS: The City Manager submitted a written report advising that the Virginia Museum of Transportation wishes to undertake certain renovations and construction improvements to the Transportation Museum; and total estimated cost of the renovation and construction project is $1,949,001.00, which includes the following three phases: Phase I upgrading the front facade with paint, construction of a new front entry and installing two neon signs on the roof of the Museum. Phase II - building a cover/shed with skylights for the outside rail and road exhibits of the Museum. Phase III - building an amphitheater. It was further advised that pursuant to Resolution No. 31900- 031494, Council requested funding from the Commonwealth Transportation Board in the Enhancement Program of the Virginia Department of Transportation (VDOT) in accordance with the Intsrmodal Surface Transportation Efficiency Act (ISTEA) for Phase I of the Museum's renovations and construction project; and VDOT included Phase I in the Enhancement Program and awarded $228,000.00 of the $380,000.00 needed for Phase I, with the City committing to 20 per cent of Phase I cost. 2O ACTION: It was further advised that a maximum of $813,000.00 of the 1996 General Obligation Bond Issue has been committed by the City for the total Transportation Museum project; bond funds must be matched by funding generated by the Museum to include cash, in-kind goods and services, and ISTEA funding; the City anticipates spending up to $152,000.00 for Phase I, $490,000.00 for Phase II, and $171,000.00 for Phase III of the project, representing the City's total financial obligation to the Transportation Museum, which is currently ready to begin the project; and agreements between City/State and City/Virginia Museum of Transportation nccd to be executed in order to begin the necessary flow of funding. The City Manager recommended that Council concur in the following actions: Authorize the City Manager to execute the necessary agreements. Appropriate $813,000.00 in 1996 General Obligation Bonds and $228,000.00 of ISTEA funds (to be reimbursed by VDOT) to an account to be established by the Director of Finance for disbursement to the Virginia Museum of Transportation. Adopt a resolu~on indicating the City's intent to reimburse itself $813,000.00 upon issuance of the 1996 bonds. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~f32730-111395) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 79.) Mr. Parrott moved the adoption of Ordinance No. 32730-111395. The motion was seconded by Ms. Wyatt and adopted by the following vote: 21 ACTION: AYES: Council Members Bowies, McCadden, Parrott, White, Wyatt and Mayor Bowers ........... -6. NAYS: None (Vice-Mayor Edwards was absent.) Mr. Parrott offered the following resolution: (#32731-111395) A RESOLUTION authorizing the City Manager to enter into a contract with the Virginia Department of Transportation for development and administration of Phase I of the renovations and construction improvements to the Virginia Museum of Transportation, and committing the City to be responsible for a minimum of twenty percent (20%) of the cost of Phase I; and to enter into a contract with the Virginia Museum of Transportation, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 58, page 80.) Mr. Pawott moved the adoption of Resolution No. 32731-111395. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers ......................................... -6. NAYS: None (Vice-Mayor Edwards was absent.) Mr. White requested involvement by the total community during the construction phase; whereupon, the Mayor requested that the City Manager report to Council accordingly. PURCHASE/SALE OF PROPERTY-LANDMARKS/HIST. PRESERVATION-GRANTS-DOWNTOWN ROANOKE, INCORPORATED- ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that the Economic Development Investment Fund is a Community Development Block Grant funded program authorized by Council, pursuant to Resolution No. 324764)50895, adopted May 8, 1995, the purpose of which is to provide funding for the renovation of eligible historic properties located within the Downtown Service District; and the Historic Building Matching Grant Program (facade 22 grant) i.s. a CDBG funded program authorized by Council, pursuant to Re.solution No. 32476-050895, adop.ted May 8, 1995, the p.urpose of which is to encourage the preservation and renovation of h,storically significant structures in the City of Roanoke by providing a financial incentive. It was further advised that applications to participate in the Economic Development Investment Fund and the Historic Building Matching Grant Program have been received by the City from David Hill, rspmsenting Lagniappe, LLC.; subject properties to be renovated are located at t20, 122 and 124 Campbell Avenue and are subject to H-1 designation in the Downtown Service District; renovation of the structures is proposed by Lagniappe, LLC., in a two-phase process at a total cost of $309,000.00; and an agreement with the following te¢,~ has been negotiated by the applicant and the City: $65,000.00 to be loaned to Lagniappe, L.L.C., to assist in Phase I of the renovation of 120, 122 and 124 Campbell Avenue; 6,000 square feet of renovated commercial space to be available due to rehabilitation; Interest rate of three per cent commencing June 1, 1996; term of loan to be ten years with the first installment due on June 1, 1997; and up to $15,000.00 in additional funding ($5,000.00 per building) to be mede available as a grant to match private funds to renovate the facades; and facades will be renovated in accordance with plans approved by the Architectural Review Board on October 12, 1995. The City Manager recommended that he be authorized to execute an agreement with Lagniappe, L.LC., loaning $65,000.00 in Community Development Block Grant funds for Phase I renovation of 120, 122 and 124 Campbell Avenue, S. W., and providing an additional grant of up to $15,000.00 in CDBG funds for facade renovation in accordance with the abovestated terms and conditions. (For full text, see report on file in the City Clerk's Office.) 23 ACTION: Mrs. Bowles offered the following resolution: (J32732-1t1395) A RESOLUTION authorizing the execution of an agreement with Lagniappe, L.L.C., for use of the Community Development Block Grant (CDBG) funds in connection with the renovation of the facades and the buildings located at 120, 122, and 124 Campbell Avenue in the H-l, Historic District. (For full text of Resolution, see Resolution Book No. 58, page 81.) Mrs. Bowles moved the adoption of Resolution No. 32732-111395. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers ...................................... -6. NAYS: None (Vice-Mayor Edwards was absent.) CITY CODE-PROCUREMENT CODE-WATER RESOURCES- SEWERS AND STORM DRAINS: The City Manager submitted a written report advising that the multi-jurisdictional agreement providing for the expansion of certain joint use sewage facilities and for the provision of bulk sewage treatment services was executed on November 1, 1994; Malcolm Pimie, Inc., Consulting Engineers, in association with Mattem & Craig, Inc., was selected for the project from six firms submitting qualifications; a Notice to Proceed was issued to Malcolm Pimie, Inc., commencing on January 2, 1995; and since then, time has been spent to dete¢,~;ne the most effective method to achieve the jurisdictional agreed-upon treatment capacities at the Water Pollution Control PlanL It was explained that representatives from the Water Pollution Control Plant, Malcolm Pirnie, Inc., Commonwealth of Virginia Department of Health, Division of Westewater Engineering, and representatives from the manufacturers of packaged westawatar treatment plants went to France and Denmark to interview the operators of certain plants to determine if the plants could produce a final effluent that would be within the limits of the City's operating permit requirements; and technology of these packaged treatment plants has been in use in Europe for over eight years, but none exist in the United States. 24 It was advised that representatives of Malcolm Pimie inforrne.d. the Office of City Engineer that use of this new technology may perm,t the project to remain within budget and proposed two firms that manufacture the plants that might meet the City's effluect requirements, viz: Bio-Styr, represented in the United States by Kruger, Ltd., and Bio Fore, represented in the United States by Infilco Degremont, Inc. The City Manager advised that on October 10, 1995, the group that traveled to Europe to witness the operating potential of the plants met with the Department of Health in Richmond and explained their findings; the Director of the Division of Wsstsweter Engineering approved the use of the packaged treatment plant as long as it could produce the effluent requirements of the City's operating permit; and to date, the abovenamad two firms are the only known firms that have demonstrated that they could meet the requirements. It was further advised that the Virginia Public Procurement Act, Section 11-46, Code of Virginia (1950), as amended, permits pre- quelification of prospective cohO,actors for construction after the public body has adopted the pre-qualification process for construction projects, which process must be consistent with Section 11-46; pre- qualific.a, tion wo.u. ld apply only to the packaged u. nit, with the contractor to pro~nd.e the C,ty's consultants with a fixed price for the process and plant, wh,ch would be included in the general contract documents; pre- qualification is for the packaged unit only and not for the entire contract; however, the package unit is approximately 55 per cent of the total contract; and action by Council is required to adopt the appropriate section of the Virginia Public Procurement Act. The City Manager recommended that Council adopt a measure amending Chapter 23.1 of the Code of the City of Roanoke (1979), as amended, by adding a section providing for pre-qualification of contractors. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency ordinance: "AN ORDINANCE amending Chapter 23.1, Procurement, Code of the City of Roanoke (1979), ss amended, by the addition of a new Section 23.1-8.1, fl~ 25 I! contractors, such new section to provide for prequalificat~on of contractors; and providing for an emergency." Mr. Parrott moved adoption of the ordinance. The motion was seconded by Mr. McCadden. There was considerable discussion in which concern was expressed by some members of Council that if the ordinance is adopted, the City will be sending the message that only two specific companies ars qualified to perform the work; the general contractor could be penalized if the technical subcontractor is unable to honor contract commitments; the unfairness of prsqualification as related to other subcontractors; and the ordinance, as presently drafted, would place the City in a posture to use prsqualiflcation on future construction projects. Following lengthy discussion of the matter and in view of concerns expressed by certain Members of Council, the City Manager requested that action on the report be deferred until a later date; whereupon, Mr. Parrott moved that the matter be tabled. The motion was seconded by Mr. McCadden and unanimously adopted. At 4:15 p.m., the Mayor declared the meeting in recess. At 4:25 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Vice-Mayor Edwards. PARKS AND RECREATION-SPECIAL PERMITS-SPORTS COMPLEX-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 nine consecutive years, attracting teams from Virginia and surrounding states; fiscal year 1996 soccer tournaments and dates include the First Virginia Bank Fall Soccer Classic Tournament on November 18 and 19, 1995, the First Union Indoor Soccer Tournament on January 13 and 14, 1996, and the Crestar Festival Soccer Toumament on May 25 and 26, 1996; and the City has been requested by the Roanoke Valley Youth Soccer Club, Inc., to permit the sale of soccer related merchandise during the three soccer tournaments. 26 ACTION: The City Manager recommended that Council grant concession privileges to the R..oanoke Valley .Youth Soccer Club, Inc., to sell soccer I related merchandme at the Rwer's Edge Sports Complex on the abovestated dates; and that he be authorized to execute a 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. McCedden offered the following emergency ordinance: (ft32733-111395) AN ORDINANCE awarding concession privileges at River's Edge Sports Complex, upon certain ta,~E;~ and conditions; authorizing the execution of a limited concession agreement; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 82.) Mr. McCadden moved the adoption of Ordinance No. 32733- 111395. The motion was seconded by Mre. Bowles. There was discussion with regard to the inconvenience of requiring petitioners to submit the same request on more that one occasion throughout the year; whereupon, the City Manager advised that in the case of the Roanoke Valley Youth Soccer Club, rather than requiring the organization to submit three individual requests for the year as has been done in the past, the procedure was streamlined to provide for one written request for the entire year. Ordinance No. 32733-111395 was adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers .................... -6. NAYS: None ..... 4). (Vice-Mayor Edwards was absent.) BUDGET-POLICE DEPARTMENT-CITY SHERIFF-EMERGENCY MEDICAL SERVICES-FLEET MAINTENANCE FUND-EQUIPMENT: The City Manager submitted a written report advising that the General Fund Capital Maintenance and Equipment Replacement Program has identified the need for seven Police automobiles and one Emergency 27 ACTION: NAYS: None (Mayor Bowers abstained from voting.) absent.) Medical Services automobile; and the City Sh~;ff has also identified the need to replace one automobile in his department; whereupon, the City Manager recommended that Council concur in the following actions: Authorize the purchase of nine automobiles for Police, Emergency Medical Services and Sheriff Departments from Homer Cox Ford, at a total cost of $175,887.00. Transfer $19,543.00 from Sheriff's Recovered Cost, Account No. 001-024-3310-8005, to Sheriff's Account No. 001-824-3310-9010. Reject all other bids made to the City. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#32734-11t395) AN ORDINANCE to amend and reordain certain eections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 83.) Mr. Parrott moved the adoption of Ordinance No. 32734-111395. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowies, McCadden, Parrott, White (Vice-Mayor Edwards was Mr. Parrott offered the following resolution: 28 ACTION: (ft32735-111395) A RESOLUTION accepting the bid of Shelor d/b/a Homer Cox Ford for the purchase ~ Motor CompEly, Incoqx)rsted, of nine new automobiles for use by the Police Department, Emergency '"~ ~ ~ i Medical Services and the ShefiG's Department, upon certain terms and conditions; and rejecting all other bids made for such items. (For full text of Resolution, see Resolution Book No. 58, page 84.) Mr. Parrott moved the adoption of Resolution No. 32735-11t395. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White and Wyatt ............................................. 5. NAYS: None (Mayor Bowers abstained from voting.) (Vice-Mayor Edwards was absent.) BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORITY- GRANTS: The City Manager submitted a written report advising that the plight of ho .me. less individuals and families has b. ccn at the forefront of the commun,ty's attention for many years; the U. S. Depart.m..e. nt of Housing and Urban Development (HUD) announced the availab,hty of $900 million to help communities develop continuum of care systems to assist homeless persons in February 1995; of the $900 million, $150 million has been designated for the Shelter Plus Care Program, which provides rental assistance to disabled homeless persons and supportive services necessary for them to remain self-sufficient; and the City and the Roanoke Redevelopment and Housing Authority have worked cooperatively with nine local community agencies to develop and submit a proposal for funding through HUD for Shelter Plus Care funds. it was further advised that a Shelter Plus Care grant allocation of $536,160.00 has been awarded to the City and the Roanoke Redevelopment and Housing Authority by the U. S. Department of Housing and Urban Development for five years; and a local in-kind match in supportive services for five years is required and has been committed by the following nine agencies: Salem Department of Veterans Affairs Medical Center, Roanoke City Department of Social ACTION: Services, Total Action Against Poverty, Blue Ridge Independent Living Center, Blue Ridge Community Services, Roanoke Area Ministries, Roanoke City Health Department, Blue Ridge AIDS Support Services, and the Roanoke AIDS ProjecL It was explained that at least 20 disabled/homeless individuals and their families will be provided with rental assistance utilizing the funds for up to five years; the program, entitled "Home At Last", will be jointly administered by the City and the Housing Authority; and a Steering Committee comprised of representatives from the partner agencies, the Housing Authority, and the City has been established to develop procedures and mechanisms to track in-kind match contributions, provide guidance, facilitate effective communications, enhance cooperation among agencies, and insure that neceesa~y match documentation is provided. The City Manager recommended that he be authorized to execute the grant agreement with the U. S. Department of Housing and Urban Development accepting the Shelter Plus Care grant award and the required Memorandum of Understanding with the abovedescribed agencies; and that Council appropriate $536,160.00 for the Shelter Plus Care Program to an account to be established in the Grant Fund by the Director of Finance and increase the revenue estimate in the Grant Fund. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#32736-111395) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 85.) Mr. White moved the adoption of Ordinance No. 32736-111395. The motion was seconded by Mr. McCadden and adopted by the following vote: 30 ACTION: AYES: Council Members Bowies, McCadden, Parrott, Wh~ INyatt and Mayor Bowers .... ti NAYS: Noc. e --0. (Vice-Mayor Edwards was absent.) Mr. White offered the following resolution: (#32737-111395) A RESOLUTION authorizing acceptance of the Shelter Plus Cars Grant from the U.S. Department of Housing and Urban Development, authorizing execution of the required grant documents; and authorizing execution of the necessary Memoranda of Understanding with various agencies to ensure compliance with Federal regulations and grant application. (For full text of Resolution, see Resolution Book No. 58, page 86.) Mr. White moved the adoption of Resolution No. 32737-1 t1395. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowies, McCadden, Parrott, White, Wyatt and Mayor Bowers .......................................... ---6. NAYS: None (Vice-Mayor Edwards was absent.) ROANOKE BAR ASSOCIATION-LAW LIBRARY-LIBRARIES- DECEASED PERSONS: The City Manager submitted a written report advising that Council received a request from the Roanoke Bar Association in May 1995 to rename the Roanoke Law Ubrary in memory of Ms. Clayne M. Calhoun, deceased, who served as Law Librarian from 1977 to 1995; and the request was referred to the City Manager and the City Attomey for appropriate review, recommendation and report to Council. The City Manager recommended that Council name the Law Library Conference Room in honor of the late Clayne M. Calhoun; and authorize the City Librarian to expend up to $1,000.00 of City funds in 3! ACTION: Account No. 0014)02-1211-2030, to be matched by the Roanoke Bar Association up to $700.00, for the purchase of an appropriately inscribed plaque end picture or portrait of Ms. Calhoun. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#32738-111395) A RESOLUTION directing that the Conference Room of the Roanoke Law Library shall henceforth be known as the Clayne M. Calhoun Conference Room. (For full text of Resolution, see Resolution Book No. 58, page 87.) Mr. Parrott moved the adoption of Resolution No. 32738-111395. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayer Bowem ......... ---: ...................... -------6. NAYS: Non: (Vice-Mayor Edwards was absent.) BUDGET-HEALTH DEPARTMENT-HUMAN DEVELOPMENT- GRANTS: The City Manager submitted a written report advising that during fiscal year 1994-95, Council approved funding for an Eligibility Worker through the Department of Social Services to be placed at the Roanoke City Health Department to insure that all citizens have an opportunity to apply for Medicaid; after the service had been in operation fer t2 months, the Health Department and the Department of Social Services reviewed the effectiveness of the program and decided to request continuation for another year; and during this period, the Health Department or the Depa~b,a~nt of Social Services may terminate the agreement if it is determined to be no longer a viable service to either agency; and the Roanoke City Department of Social Services has employed and will continue to train and supervise a worker to be located at the Health Dep;ub,mnt to execute applications for Medicaid. 32 ACTION: The City Manager recommended .that.. he be authorized to continue the sewicee of the outstationed EI,gibihty Worker at the Health I Department and appropriate $24,950.00 to revenue and expenditure accounts to be established in the Grant Fund by the Director of Finance, as follows: Salary $19,435.00 ICMA 1,750.00 FiCA 1,487.00 Health 2,210.00 Life Insurance 68.00 Total $24,950.00 (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#32739-111395) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 88.) Mr. White moved the adoption of Ordinance No. 32739-111398. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowies, McCadden, Parrott, White, Wyatt and Mayor Bowers .................................. -6. NAYS: None (Vice-Mayor Edwards was absent.) BUDGET-FDETC: The City Manager submitted a written report advising that the Fifth District Employment and Training Consortium administers the Federally funded Job Training Partnership Act (JTPA) for the Fifth Planning District; the City of Roanoke is the grant recipient for Consortium funding, and Council must appropriate funding for all grants and other monies the Consortium receives. 33 It was further advised that the Govemor's Employment and I Training Department (GETD) has sent to the Consortium. Notices of Award and adjustme,~;~ for programs which include on-the-job training, work experience, job-related education, classroom training, job placement activitiss, and remedial education in the following amounts: Opportunity Knocks Title III - Carry-in Funds Title II-A PY95 Incentive Award $127,840.00 9,361.00 20,729.00 It was explained that the Virginia Employment Commission has notified the Consortium of an increase of $100,862.00 to the Governor's Regional Project for Program Year 1996, Community Development Block Grant (CDBG) funding for the Consortium for Operation Bootstrap, Roanoke Valley Youth Conservation Service Corps - Opportunity Knocks, and Employment Training Program; CDBG funds were awarded to the Consortium for administration costs associated with Operation Bootstrap, in the amount of $10,613.00; CDBG funds were awarded to the Consortium for transportation and associated costs of Opportunity Knocks, in the amount of $14,620.00; and CDBG funds were awarded to the Consortium for project management and administration of the Employment Training Program, in the amount of $60,000.00. The City Manager recommended that Council appropriate the Fifth District Employment and Training Consortium's additional funding totalling $343,925.00, and increase the revenue sstimate by $343,925.00 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: (#32740-111396) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 90.) ACTION: Mr. McCadden moved the adoption of Ordinance No. 32740- 111395. The motion was seconded by Mr. White and adopted by the following vote: 34 AYES: Council Members Bowies, McCadden, Parrott, White, Wyatt and Mayor Bower~ ............. -6. ! NAYS: Nono ..... -0. (Vice-Mayor Edwards was absent.) DIRECTOR OF FINANCE: CITY CODE-CITY EMPLOYEES-PENSIONS: The Director of Finance submitted a written report advising that there are 11 public retirement systems in Virginia which include the Virginia Retirement System, nine of which provide five-year vesting to their employees; the City of Roanoke and the City of Norfolk currently provide a vested benefit to employees after ten years of creditable service; and vesting is the method whereby the member is guaranteed a future pension benefit after completion of a specified length of service. It was further advised that over the past three years, in addition to discussing vesting requirements, the main topic of interest has been portability of retirement benefits between all 11 systems; portability would provide employees with an option to transfer creditable service into one pension plan; and a report has been pnpared by a committee of the Association of Municipal Retirement Systems of Virginia and will be presented at the 1996 Session of the General Assembly, which recommends that portability become effective July 1, 1996. It was explained that another recommendation of the Committee is for a System to participate in portability, the System must provide five-year vesting to its employees; the City's Retirement Plan actuary, Buck Consultants, was requested to study the issue of five year vesting, and they have determined that five-year vesting would require a .09 per cent increase in the annual contribution rate of gross payroll, or approximately $52,000.00; and in addition to the increased annual contribution rate, there would be an increase in administrative costs, with the estimated annual operating cost to the Pension Plan as follows: Administrative Expenses (file cabinet, file folders, furniture and computer) $ 8,000.00 35 ACTION: Additional Employee. Account Technician (including fringe benefits) 27.500.00 $35.500.00 Total estimated annual cost to change ;,-,:,m ten year to five year vesting: First Year Subsequent Years $87,500.00 79,500.00 Approval of five year vesting will: Provide City employees with benefits comparable to those in private industry (the Employee Retirement Income Security Act [ERISA]), which govems private pension plans, mandates five year vesting). Keep the City competitive in the labor market. Bring the City of Roanoke Pension Plan in line with other Virginia public retirement systems (The Norfolk Pension Plan will be recommending five year vesting on or before July t996.) Considering the portability issue and the positive impact five year vesting will have on employee morale, the Director of Finance recommended five year vesting to be effective July 1, 1996, which will provide employees with more than six months notice of the vesting requirement from ten years to five years; and requested authorization by Council to increase the Department of Finance staff by one position, effective July 1, 1996. (For full text, see report on file in the City Clerk's Office.) Mr. Whits moved that the following ordinance be placed upon its first reading: (#32741) AN ORDINANCE amending subsection (a) of §22.1-46, Vested allowance. Article III, Emolovess' Suoolementsl Retirement S_vstem. of Chapter 22.1, Pensions and Retirement. Code of the City of Roanoke (1979), as amended, to provide for five year vesting, in lieu of ten year vesting. (For full text of Ordinance, see Ordinance Book No. 58, page 101.) The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers ......................................... -6. NAYS: None (Vice-Mayor Edwards was absent.) Ms. Wyatt requested that the Director of Finance descdbe the type of City employee who would benefit from the five year vesting as opposed to ten year vesting, and the effect on long term versus short term employees. 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, effective July 1, 1994, and a three per cent one-time lump sum payment, effective July 1, 1995, for eligible members of the City of Roanoke Pension Plan, pursuant to Ordinance No. 31981-050994; the financial impact to the Pension Plan for the one- time lump sum payment on July 7, 1995, was $206,889.00; and in order to partially address funding requirements of the pension increase, a one-time lump sum payment of $195,000.00 was designated from the fiscal year 1995 year-end fund balance. The Director of Finance recommended adoption of a budget ordinance appropriating $195,000.00 to the General Fund, Account No. 001-004-9110-1105, to be transfen'ed to the City of Roanoke Pension Plan. (For full text, see report on file in the City Clerk's Office.) 37 i Mr. Parrott offered the following emergency budget ordinance: (#32742-111395) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 93.) ACTION: Mr. Pawott moved the adoption of Ordinance No. 32742-111395. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowies, McCadden, Parrott, White, Wyatt and Mayor Bowers ............................................. -6. NAYS: Non= (Vice-Mayor Edwards was absenL) REPORTS OF COMMITTEES: BUDGET-SEWERS AND STORM DRAINS-PUBLIC WORKS- BRIDGES-CONSULTANTS REPORTS-STREETS AND ALLEYS: Council Member White, Chairperson of the Bid Committee, presented a written report on behalf of the Committee, in connection with replacement of the Walnut Avenue Bridge over the Roanoke River, recommending that Council approve the following actions: Authorize the City Manager to execute a unit price contract with W. C. English, Inc., for Walnut Avenue Bridge (#1816) over the Roanoke River, in the amount of $1,493,056.20, with a project contingency of $147,000.00. Authorize the City Manager to execute Amendment No. 2 to the Engineering Services Agreement with Mattem & Craig, Inc., in the amount of $58,300.00. Transfer $157,025.00 from Sewage Treatment Fund, Account No. 003-056-8465-9001, 1994 Sewage Treatment Plant Expansion/System Improvements, to a new account to be established by the Director of Finance in the Sewage Treatment Fund entitled, "Walnut Avenue Bridge". 38 ACTION: ACTION: Appropriate $631,482.00 f~om Transfers to Capital Projects Fund, Account No. 001-004-9310-9508, to Walnut Avenue Bridge, Account No. 008-052-9684. 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: (#32743-111395) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Sewage Treatment and Capitsi Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 94.) Mr. Pa,¥~,tt moved the adoption of Ordinance No. 32743-111395. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowies, McCadden, Parrott, White, :~ Wyatt and Mayor Bowers .... - .......................................... -6. NAYS: None (Vice-Mayor Edwards was absent.) Mr. Parrott offered the following emergency ordinance: (#32744-111395) AN ORDINANCE accepting the bid of W. C. English, Inc., for the replacement of the Walnut Avenue Bridge (#1816) over the Roanoke River, 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. 58, page 95.) Mr. Parrott moved the adoption of Ordinance No. 32744-111395. The motion was seconded by Mr. White and adopted by the following vote: 39 AYES: Council Members Bowies, McCaddan, Pawott, White, Wyatt and Mayor Bowers $. NAYS: Non: .... -0. (Vice-Mayor Edwards was abeenL) Mr. Parrott offered the following resolution: (#32745-111395) A RESOLUTION authorizing the execution of an amendment to the City's contract with Mattem & Craig, Inc., for eddiUonal engineering sewicee in connection with the replacement of the Walnut Avenue Bridge (#1816), over the Roanoke River. (For full text of Resolution, see Resolution Book No. 58, page 96.) ACTION: Mr. Parrott moved the adoption of Resolution No. 32745-111395. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowies, McCadden, Parrott, White, Wyatt and Mayor Bowers ................................ -6. NAYS: Nono (Vice-Mayor Edwards was absent.) BUDGET-SEWERS AND STORM DRAINS: Council Member White, Chairperson of the Bid Committee, presented a written report on behalf of the Committee, in connection with the Lick Run Sewer Replacement Project LR-3, recommending that Council approve the fo#owing actions: Authorize the City Manager to execute a unit price contract with Aaron J. Conner, General Contractor, Inc., in the amount of $153,851.00, with a project contingency of $16,000.00 and $5,000.00 for interfund billing for contract administration and inspection. 40 ACTION: Appropriate $174,851.00 from Sewer Fund Retained Earnings to a new account to be established by the Director of Finance in the Sewer Fund entitled, "Lick Run Replacement LR-3". 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: (#32746-111395) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 97.) Mr. Panott moved the adoption of Ordinance No. 32746-111395. The motion was seconded by Mr. Wtdta and adopted by the following vote: AYES: Council Members Bowies, McCadden, Parrott, White, Wyatt and Mayor Bowers .............................. ~1 NAYS: None (Vice-Mayor Edwards was absenL) Mr. Parrott offered the following emergency ordinance: (#32747-111395) AN ORDINANCE accepting the bid of Aaron J. Conner, General Contractor, Inc., for the Lick Run Sewer Replacement Project LR-3, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids mede to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 98.) ACTION: Mr.. Panott moved the adoption.of Ordinance No. 32747-111395. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowies, McCadden, Parrott, White, Wyatt and Mayor Bower~ ..... --------6. NAYS: None ... 0. (Vice-Mayor Edwards was absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 32704 amending the conditions of Ordinance No. 32219-111494, permanently vacating, discontinuing and closing that portion of Baker Avenue, between 25th Street and 30th S;~et, N. W., subject to certain conditions, to provide that the closure referenced in Ordinance No. 32219-111494 is conditioned upon the applicant submitting to the City, receiving approval of, and recording a subdivision plat, providing for the disposition oftbe land within the right-of-way to be vacated in a manner consistent with the requirements of Chapter 3t, Subdivisions, of the City Code, and providing for the retention of appropriate easements, together with the right of public passage over same for the purpose of construction, repair, general maintenance of any and all utilities that may exist within said right-of-way, having previously been before the Council for its first reading on Monday, October 23, 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: (#32704-111395) AN ORDINANCE amending the conditions of Ordinance No. 32219-111494, permanently vacating, discontinuing and closing 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. 58, page 77.) ACTION: Mr. McCadden moved the adoption of Ordinance No. 32704- 111395. The motion was seconded by Mr. Parrott and adopted by the following vote: 42 ACTION: AYES: Council Members Bowies, McCadden, Parrott, White, Wyatt and Mayor Bowers ....................... -6. NAYS: None (Vice-Mayor Edwards was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 4:52 p.m., the Mayor declared the meeting in recess. At 5:30 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Vice-Mayor Edwards. 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 ExecuUve 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 Bowies, McCadden, Parrott, White, Wyatt and Mayor Bowers ...................................... -6. NAYS: Nons (Vice-Mayor Edwards was absent.) COUNCIL: There was discussion with regard to changing the City Council meeting dates from the second and fourth Mondays to the first and third Mondays at 12:30 p.m., for luncheon meetings, briefings, Executive Sessions, committee n--~_ctings, etc., with the regular Council session to convene at 2:00 p.m., and public hearings to be held at 7:00 p.m. on the third Monday of each month. It was explained that this would enable the City Clerk, in conjunction with the Mayor, to schedule 43 luncheon meetings, briefings, Executive Sessions, and committee I re. corings as a part of the 12:30 p.m., session; whereupon, the Mayor requested that the City Clerk compile a tentative schedule of meetings for the period January - June 1996. Ms. Wyatt stated that if Council changes its meeting schedule from the second and fourth Mondays to the first end third Mondays, it will be noceaes~y for her to resign her position as the Council's liaison representative to the Roanoke Redevelopment and Housing Authority Board of Commissioners. At 6:00 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 Council Members in attendance, and Mayor Bowers presiding: PRESENT: Council Members Elizabeth T. Bowies, John S. Edwards, Delvis O. McCaddan, John H. Parrott, William White, Sr., Unda F. Wyatt and Mayor David A. Bowers ......... 7. ABSENT: None OFFICERS PRESENT: W. Robert Herbert, City Manager; William X Parsons, Assistant City Attomey; Staven J. Talevi, Assistant City Attorney; James D. Gdsso, Director of Finance; and Maw 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 ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, November 13, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of MH&C Partnership that a parcel of land located on Hershberger Road, N. W., 44 ACTION: containing approximately 10,720 square feet an.d identified as Official Tax No. 2280802, be rezoned from C-1, Office D!strict, 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 on Friday, October 27, 1996, and Friday, November 3, 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 is to allow the development of a retail store, was before Council. The Planning Commission recommended approval of the request for rezoning, advising that while C-1 zoning of the property is reasonable, the C-2 conditional zoning as proposed by the petitioner is also reasonable and would result in a well designed commercial property that can enhance this portion of Herehberger Road; and the adjacent residential properties will be buffered with existing pine trees, a privacy fence, and additional landscaping as required by City development regulations applicable for new commercial development abutting a residential use. (For full text, see report on file in the City Clerk's Office.) Roger D. Cannaday, Partner, MH&C Partnership, appeared before Council in support of the request. Mr. Parrott moved that the following ordinance be placed upon its first reading: (#32748) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 228, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 68, page 102.) The motion was seconded by Mrs. Bowles. 45 The Mayor inquired if there were persons present who would like to address Council with regard to the matter; whereupon, Ms. Emma G. Franklin, 4851 Eden Drive, N. W., expressed appreciation to Council for denying the request for mzoning at the October 16, t995, Council meeting. She stated that she continues to be opposed to the request for rezoning because the proposed business will be in close proximity to her residence, it will create more traffic and noise, and there are enough retail businesses presently operating in the Hershberger Road area. She added that the 14 parking spaces proposed for the retail business will be insufficient, especially during the holiday season, which will cause customers to park on Eden Drive, and requested that Council vote to retain the current C-1 zoning. D. Jeffrey Parkhill, Architect,...Hughes Associates, 656 Elm Avenue, S. W., advised that the petitioner has met the intent of the property requirements including setbacks, number of parking spaces, land coverage, landscaping, and a privacy fence at the rear of the structure to shield activity from the adjacent neighborhood. He stated that the proposed business would not be any mom detrimental to adjacent properties than the currently existing businesses on Hershberger Road. With regard to parking, he advised that it would be doubtful that customers would park on adjacent streets, and walk up the hill and around the comer to access the proposed retail establishment. He noted that all attempts have been made to landscape within the requirements of the Zoning Ordinance, with buffering of the refuse area from the adjacent neighborhood, and the proposed development will be an improvement to the neighborhood compared to the vacant overgrown lot that presently exists. Mr. White expressed concern that property owners were not contact.e.d by the City Planning Department to discuss their reservations about the proposed rezoning. Following discussion, Ordinance No. 32748 was adopted on its first reading by the following vote: AYES: Council Members Bowies, Edwards McCadden, Parrott, Wyatt and Mayor Bowers NAYS: Council Member Whits .... - ........ 1. 46 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 13, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Bonnie L. Young that an undeveloped section of 22nd Street, S. W., running in a northerly direction from Sanford Avenue to the right-of- way of U. S. Route 220 Expressway, be permanently vacated, discontinued and closed, the matter was before the body. Legal adverdssment of the public hearing was published in The Roanoke Times on Friday, October 27, 1995, and Friday, November 3, 1995. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the section of 22nd Street, S. W., as requested for closure, is located one block east of Colonial Avenue, across from Towers Shopping Mall; construction of the Colonial Avenue access ramp from the U.S. 220 Expressway severed 22nd Street from its original intersection with Colonial Avenue, which short section of 22nd Street was left as a partially developed dead-end street; the section of 22nd Street which is requested for closure is located near the northerly end of Sanford Avenue, S. W., which is a dead-end street; and the developed portion of subject 22nd Street currently serves as a public turnaround for vehicular traffic on Sanford Avenue, was before Council. The Planning Commission recommended approval of the applicant's amended application to close and vacate a certain section of the existing right-of-way of 22nd Street, S. W., but saving and excepting therefrom a specific portion thereof, which may be less, but shall not be mors than 20 feet in width and 25 feet in length, as the same extends in a westerly direction from the existing edge of the pavement at Sanford Avenue, which shall be retained by the City for use as a public turnaround. The applicant shall submit to the City for review and approval, and record with the Clerk of the 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 the requirements of Chapter 31 of the Code of the City of Roanoke (1979), as amended. 47 R...e~mti.or~. of appropriate easements together w~th anght of passage over same for su~ace and subsurface construction and repa, r of any and all utilities that may be located in the vacated right-of-way. Retention of an area sufficient to provide for and to serve as a public tumaround for Sanford Avenue, S. W., which shall be reviewed and approved by the Agent to the Planning Commission prior to the recordation of the abovecited subdivision plat. If the subject plat of subdivision is not approved by the City and recorded by the applicant within a period of six months from the date of adoption of the ordinance providing for closure, 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.) Bonnie L. Young, petitioner, appeared before Council in support of the request. ACTION: Mrs. Bowles moved that the following ordinance be placed upon its first reading: (#32749) 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. 58, page 103.) 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. There being none, Ordinance No. 32749 was adopted, on its first reading, by the following vote: 48 ACTION: AYES: Council Members Bowles, Edwards McCadden, Parrott, Wtdte, Wyatt and Mayor Bowers 7. NAYS: Nono ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, November 13, t995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Lance A. Copperman that a 1.042 acrs tract of land located at the northerly terminus of Lanford Street, N. W., identified as Official Tax No. 2170139, be rezoned 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 on Friday, October 27, 1995, and Friday, November 3, 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 is to permit the construction of 16 hotel units, was before Council. The Planning Commission recommended approval of the requested conditional rezoning from RS-3, Residential Single Family District, to C-2, General Commercial District, advising that the proposed rezoning is a logical extension of the C-2 zone and should have a minimal impact on the surrounding residential neighborhood. (For full text, see report on file in the City Clerk's Office.) Edward A. Natt, 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: 49 (~32750) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 217, 976 Zone .?..ction., Map, City of Roanoke, to rezone certain property w~thin the C,ty, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 58, page 106.) The motion was seconded by Ms. Wyatt. The Mayor inquired if them were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 32750 was adopted, on its first reading, by the following vote: AYES: Council Members Bowles, Edwards McCadden, Parrott, White, Wyatt and Mayor Bower~ ......... 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 13, 1995, at 7:00 p.m., or as soon thereafter aa the matter may be heard, on the request of CSW Associates, William H. Lester, Brownie Lester and Douglas S. Spadaro that a tract of land located on the northerly side of Lee Highway, west of its intersection with Aerial Way Drive, containing a total of 2.723 acres, Official Tax No. 5200107, and a portion of Official Tax No. 5200119, be rezoned from C-1, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, October 27, 1995, and Friday, November 3, 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 is to allow the construction of two buildings on the site, one housing a restaurant, a convenience store and a gas sta0on, with 12 fueling stations (i.e., capable of servicing 12 vehicles simultaneously) and the other housing an oil-change facility, was before Council. ACTION: It was noted that a third amended petition was filed on October 17, 1996, in which the following condiUons were proffered: The property will be developed in substantial conformity with the concept plan prepared by Balzer & Associates dated August 16, 1995, subject to any changes required by the City during site plan review and further limited to nine fueling stations. The structures constructed on the property will be constructed in substantial confonnity with the rendering prepared by Balzer & Associates dated September 27, 1995, a copy of which was submitted to the Planning Commission at its regular meeting on October 4, 1995, subject to any changes required by the City during site plan review. The walkway from the principal structure to the gas pumps and the canopy over the gas pumps will have pitched roofs in substantial conformity with the roof structures as shown on the rendering for the remainder of the facility. The property will be used as a highway convenience store with restaurant with fueling stations for nine vehicles. The hours of operation will not be longer than from 6:00 a.m. to 12:00 midnight. Should the property not be developed within two years from the date of rezoning by City Council, zoning on the property will revert to Zoning District C-1, Office District. The Planning Commission recommended approval of the request for rezoning, advising that the proposed development is a significant improvement and would provide a service to traffic which is already passing through the area. (For full text, see report on file in the City Clerk's Office.) Edward A. Natt, Attorney, appeared before Council in support of the request of his clients. Mr. Parrott moved that the following ordinance be placed upon its first reading: (~32751) AN ORDINANCE to amend §36.1-3, C.o?e of the City of I Roanoke (1979), as amended, and Sheet No. 520, ..S..ec?onal 1976 Zone Map, City of Roanoke, to rezone certain property with,n the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 58, page 107.) The motion was seconded by Mr. White. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. John R. Marllss, Chief, Planning and Community Development, advised that the request involves a complicated rezoning which was first before the City Planning Commission on July 5, 1995, recommended for denial on a 5 - 1 vote, referred to Council, and at the request of the petitioner, the matter was referred back to the City Planning Commission without discussion by Council to provide more opportunity to work with the City Planning Commission and with the neighborhood to identihj issues of concern. He added that ultimately the City Planning Commission approved the request on a 4 - 2 vote; however, certain members of the Planning Commission were concerned with some of the underlying zoning issues such as whether or not C-2 zoning was the most appropdats classification for the site and whether or not the proposed uses were too intense for the location in question. He added that the majority of the City Planning Commission members felt that this parl~cular commercial development would be an improvement over what currently exists along much of Brandon Avenue, and the traffic impact from me proposed development would not have a major impact on the neighborhood inasmuch as the City's Traffic Engineer estimates that approximately 2,000 vehicles per day will be generated by the facility, with one-half of that number representing new vehicles as a result of the proposed new development. He called attention to other neighborhood concerns, a major issue being the potential of increased traffic through the Deyerle neighborhood, and noted that several years ago, the City participated in a conflict resolution process with representatives of the Deyerle neighborhood and instituted a number of measures which were designed to discourage traffic from cutting through the Deyerle neighborhood. The Mayor ca#ed attention to correspondence from Michael J. Ramaey, 2502 Brendon Avenue, S. W., in support of the rezoning and requested that the communication be made a part of the record. Edward A. Natt, Attorney, representing the petitioners, called attention to a meeting with the Greater Deyerie Neighborhood Association, and referred to a communication which was filed with the City Planning Commission expressing opposition to the request for rezoning. He also called attention to efforts of the petitioners to meet with residents of Brandon Oaks, who declined the invitation pending the outcome of Council's vote. Mr. Natt explained that development plans cell for a combination restaurant/gas station and the oil/lube facility was deleted due to its intensity. He added that plans rail for the building to be constructed at the comer with the fuel service facility to be located at the rear of the property, sidewalks internally, landscaping, setbacks, and entrances including the median strips proposed by the Virginia Department of Transportation, with over one-half of the area to be left as greenspace. He presented conceptual drawings of the building depicting porches, a pitched roof, a canopy that extends over the top of the gas tanks with a pitched roof, screening, and buffering pursuant to the City's ordinance requirements. Mr. Natt advised that a number of persons were present in support of the request; whereupon, approxi..mately 25 persons stood !n support of the rezoning. He called attention to com. munications ,n support of the rezoning from Gurlner Printing, Co., Fam;ly Preservation Service, Inc., Mike Glaasner, Inc., Petroleum Solutions, Inc., Safeguard Business Systems, Sawyer Properties, Inc., Delta Dental and a petition signed by approximately 30 residents of Stratford Park Apartments which is located immediately adjacent to the property in question. In conclusion, Mr. Natt submitted that the Dropoeed rezoning is an appropriate use of the property, it will not change the character of the neighborhood, it will not substantially increase traffic, and it will be a compatible use. He requested that Council approve the rezoning of the property as amended. Without objection by Council, the Mayor advised that the correspondence and petition abovereferenced by Mr. Natt would be received and filed. Mr. Ron N. Lundy, 3931 Cravens Creek Road, S. W., spoke in support of the request, advising that rezoning the property will enable construction of a facility that will benefit the neighborhood, will be aesthetically pleasing, and will enhance retail competition in the area. 53 Mr. James A. Lambie, 3804 Brandon Avenue, S. W., advised that a major consideration will be traffic flow to Brsndon Avenue. He stated that approximately 200 persons reside at Brsndon Oaks averaging 80 years of age or older, therefore, safe and easy access should exist to and from Brendon Oaks. He noted that it is forecasted that traffc on Brandon Avenue will increase from 28,000 vehicles per day in 1995 to 49,000 vehicles per day in the year 2018; therefore, environmental concerns are relevant because of the number of elderly persons who reside in the area and experience respiratory problems because the increase in traffic will substantially increase air pollution. Ms. Sabra A. Lucas, 3614 Cravens Creek Road, S. W., spoke in support of the rezoning which will provide positive economic growth for the area, the structure will be visually appealing, the proposed use will not increase traffic anymore that a large office building, and the proposed development will be an enhancement to the area. Mr. H. Landon Carder, 2306 Carter Road, S. W., and Ms. Barbara L. Sowers, 3801 Stratford Park Drive, S. W., spoke in support of the razoning. Mr. Edgar E. Johnson, 3809 Stratford Park Drive, S. W., spoke in support of the rezoning which will enable residents to shop in the area and improve the overall quality of life for the neighborhood. Ms. Lucy R. Ellett, 3752 Brandon Avenue, S. W., expressed opposition to the proposed rezoning, and advised that changing the zoning to authorize this type of commercial development will set the stage for allowing similar changes on both sides of Brandon Avenue. She stated that by denying the request for rezoning, Council will have an opportunity to stand up for an improvement in overall appearance in traffic flow along Brandon Avenue instead of allowing a "helter skelter" type of development such as that existing eastward along Brandon Avenue to Aerial Way Drive. She advised that extension of Peters Creek Road will bring a great deal of vehicular traffic, much of which will be visitors to the City, and Council's decision can mean the difference between an attractive boulevard entrance into the City or an extended strip development. She called attention to the safety issue and noted that the area where Peters Creek Road will intersect Brandon Avenue is presently a dangerous intersection, and adding two more entrances onto Brandon Avenue where the service station is proposed to be constructed will create a much more dangerous situation. She called attention to the Comprehensive Plan for the City of Roanoke which states that commercial development that will increase visual 54 clutter and disrupt traffic flow along major roads should be discouraged; whereupon, she noted that the proposed development would add beth visual clutter and disrupt traffic flow. She added that the Greater Deyerle Neighborhood Plan, as well as the City's Comprehensive Plan, call for other uses for the land, that many citizens spent untold number of hours to produce the neighborhood plan, therefore, disregarding the plan would diminish the effectiveness of the entire neighborhood planning process. She requested that Council consider all of the concerns that have been raised before reaching a decision. Vice-Mayor Edwards explained that he serves in the capacity of Chairperson of the Board of Trustees, Virginia Lutheran Homes, which operates Brandon Oaks, that there could be the appearance of a conflict of interest if he participates in Council's decision, and therefore, he would abstain from voting on the question. Following considerable discussion and questions by Members of Council, Mr. Natt stated that his client would support a "wallddon't walk" sign on the south aide of Brandon Avenue; however, installation would hav.e to be approved by the Virginia .D..e. partment of Transportation. H.e further stated**, that he would be wdl:ng to proffer cop. struction of a mdewalk connecting the site of the proposed rezoning with the Lss-Hy Manor Apartments. Ordinance No. 32751 was adopted, on its first reading, by the following vote: AYES: Council Members Bowies, McCadden, Parrott, White, Wyatt and Mayor Bowers .................................. -6. NAYS: Noc, c (Vice-Mayor Edwards abstained from voting.) Ms. Mary C. Pickett, a resident of Brandon Oaks and a former member of the Roanoke City Council, advised that her years on Council were happy years and expressed appreciation to the Members of City Council for graciously welcoming residents of Brandon Oaks to the Council meeting. OTHER HEARINGS OF CITIZENS: None. i Them being no further business, the Mayor declared the meeting adjourned at 8:27 p.m. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor ROANOKE CITY COUNCIL--------PLANNING WORKSHOP November 17, 1995 1:30 p.m. The Council of the City of Roanoke held its Third Planning Workshop on Friday, November 17, 1995, at 1:30 p.m., in the Executive Directors Confersnce Room, Roanoke Regional Airport, with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowles, John S. Edwards (anJved at 1:50 p.m.), Delvis O. McCadden (arrived at 4:55 p.m.), John H. Parrott, William White, Sr., Linda F. Wyatt (arrived at 2:00 p.m.) 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 Attorney; 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, Dirsctor of Human Development; George C. Snead, Jr., Director of Public Safety; Barry .L. Key, Manager, Office of Management and Budget; and Deborah J. Moses, Ch,el, Billings and Collections. The Facilitator for the workshop was Dr. Robert E. Matson, Professor and Dirsctor of Leadership Development, University of Virginia. Dr. Matson reviewed the two previous workshops, advising that the first session on October 20 - 21, 1995, was primarily devoted to discussing all of the things that Council likes about the City of Roanoke which was rsferred to a subcommittee to formulate written statements; and during the second workshop on November 3, 1995, considerable discussion involved what needs to be upgraded or fixed in Roanoke. He stated that the purpose of today's workshop was to review the statements of the subcommittees which were chaired by Council Member Bowles on Effective Government, Council Member Parrott on Economic Development, and Council Member Wyatt on Quality of Life. At this point, 1:50 p.m., Mr. Edwards entered the meeting. 57 In regard to the draft Education mission statement which Council previously agreed to hold in abeyance, the City Manager reported that he discussed the matter with the Superintendent of Schools who Indicated that two members of the School Board and a representative of the school administration would be present for the December 27 workshop to provide input on behalf of the school system. At the last visioning workshop on November 3 and 4, 1995, Council Members listed and prioritized those things that need to be upgraded or fixed in Roanoke; whereupon, Mr. Key presented a priodty list of items under the categories of Economic Development, Quality of Life, and Effective GovemmenL At this point, 2:00 p.m., Ms. Wyatt entered the meeting. Mr. Key also reviewed those items that were not prioritized by Council, but were considered to be projects. Council Member Parrott, Chair of the Economy Vision Statement Subcommittee, presented the following draft vision statement: ECONOMY VISION STATEMENT DRAFT Roanoke will be a dynamic, diverse center of commerce. We will provide transportation access, progressive housing and infrastructure necessary to nurture growth in existing business and recruit attractive new business and industry. Roanoke and its vibrant downtown area will be a strong economic link in the surrounding area -- we will pursue new avenues to enhance our economy through regional cooperation. Roanoke will be recognized as a tourist destination offering a unique combination of natural beauty and lifestyle. After considerable discussion, the following draft Economy Vision Statement was referred back to the subcommittee for luther review: ECONOMY VISION STATEMENT DRAFT Roanoke will be a dynamic, diverse center of commerce participating effectively in the global economy. We will provide transportation access, diverse housing, and infrastructure necessary to nurture growth in existing business and recruit a{;,,~ctive new business and industry. Roanoke and its vibrant downtown will be the strong economic center of western Virginia. We will encourage new technologies to enhance our economy and promote regional cooperation in order 58 to participate in the new information economy. Roanoke will also be recognized as a tourist destination offering a unique combination of scenic, cultural and recreational attractions. Council Member Bowles, Chair of the Effective Government Vision Statement Subcommittee, presented the following draft vision statement: EFFECTIVE GOVERNMENT VISION STATEMENT DRAFT Roanoke City government will be a catalyst for shaping and achieving our future. We will be a responsive, efficient and participatory government valuing community-based leadership, public/private partnerships and regional cooperation. After considerable discussion, the following draft Effective Government Vision Statement was referred back to the subcommittee for further review: EFFECTIVE GOVERNMENT VISION STATEMENT DRAFT Roanoke City government will be a catalyst for shaping and achieving our future. We will be a responsive, efficient and participatory government.valuing community involvement, public/private partnerships and regional coopera, on: We 'i will use citizen involvement to establish the priorities of our community. We w~ll be a facilitative government that brings together diverse resources to meet the challenges of the 21st century. At this point, 3:45 p.m., Mr. Edwards left the meeting. Ms. Wyatt, Chair of the Quality of Life Vision Statement Subcommittee, presented the following draft vision statement: QUALITY OF LIFE VISION STATEMENT DRAFT Roanoke will be a diverse community of stable, secure residential and commercial neighborhoods with a small town flavor. We will be a caring, friendly community where each person is important and respected. We will be committed to providing meaningful opportunities so that present and future gens,~a;;ons will call Roanoke their home. After considerable discussion, the following draft Quality of Life Vision Statement was referred back to the subcommittee for further review: 59 QUALITY OF LIFE VISION STATEMENT DRAFT Roanoke will be committed to providing meaningful opportunities so that present and future generations will choose to call Roanoke their home. We will be a diverse, urban community of stable, secure residential neighborhoods: a caring, friendly community where every person and every family is intportant and respected. At this point, 4:55 p.m., Mr. McCadden entered the meeting. Dr. Matson advised that the next component of the workshop would involve an exercise that calls pictures to mind - or things that inspire. He again reviewed the six characteristics of a vision, and requested that Council Members develop key phrases that capture the essence of Roanoke, or a "to be" statement. The following suggestions were made: the "Star City"; universal appeal; bright economic opportunities; words that describe the star: a stellar school system, and a shining, glowing future; exceptional/dynamic; center of western Virginia (capitol) diocese; a good place to live, work and visit, especially in the context of being a tourist attraction; personal development perspective with self-esteem; protect traditions of the pest and prepare for shaping the futura; natural beauty and environment; quality of life leader; why do we think people choose to live hera; what is the ultimate meson for Roanoke; a community of choice; Roanoke, the Star City, where the quality of life, learning ~ and livable income lead the State, the region and the nation; Roanoke, the Star City of westem Virginia, with an appreciation of its past and planning for a shining future; and Roanoke provides a quality of life with natural beauty in which to achieve your draame. At 5:15 p.m., the Mayor declared the meeting in recess. At 6:05 p.m., the meeting reconvened in the Executive Director's Conference Room, Roanoke Regional Airport, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Vice-Mayor Edwards. After considerable discussion of the "to be" statement for Roanoke, the following was the consensus of Council: ".R.o.anoke, the Star City, appreciating our past and planning for a sh,mng future, will provide a superior quality of life through economic and educational opportunities for all people to live, work and visit." There was discussion in regard to meeting with members of the Roanoke City School Board and the School Administration to receive their input relative to the draft Education vision statement in which the following thoughts were expressed: (1) Council should be discussing a global vision statement and not a statement that deals with how much money teachers are paid or which textbooks are used in the classroom. (2) Council cannot un-invite representatives of the School Board/School Administration to a meeting when the invitation has already been extended. (3) A certain amount of planning time is necessary to determine how to structure the meeting. $! (4) Council should engage in the same type of process for the Education vision statement that was devoted to the Economic Development, Quality of Life, and Effective Government d(a;~ vision statements. (s) No input was solicited from other group/committess to participate in drafting vision statements. (6) There are certain areas in which the Council and the School Board may not agree, therefore, such a meeting may not be successful. (7) Council should establish its own draft vision statement for Education and provide a copy to the School Board for inpuL Mr. White noted that prior to conducting the first workshop on January 2 and 3, 1995, in Charlottesville, Council requested input from the Roanoke Valley Chamber of Commerce, the Roanoke City School Board, Downtown Roanoke, Incorporated, and the City Planning Commission and requested that the City Clerk provide Council Members with a copy of the responses. The City Clerk was also requested to obtain a copy of the mission statement adopted by the Roanoke City School Board for transmittal to Council. Dr. Matson was asked to provide his perspective as to what Council decided at its last session in regard to the Education vision statement; whereupon, Dr. Mateon advised that his assumption was that Council discussed education as one of the prime areas of emphasis for building Roanoke's future; that preliminary work was done, but before finalizing the vision statement, Council indicated that it wanted to hear from some of the key players in the education arena; and it is a matter of checking before finalizing the process because Council will be drafting a script for the future and not writing a budgeL He stated that Council should give the School Board a sense of what it has been dealing with in previous workshops, request the School Board's input or suggestions, and involve the School Board in sharing the process and not just the statement. There was discussion in regard to the next workshop which is scheduled to be held on Wednesday, December 27, 1995, from 8:30 a.m., to 4:30 p.m.; whereupon, Dr. Matson advised that he may have a conflict with the date. 62 Members of Council expressed a preference that Dr. Matson should be a part of t.h, continuing porceas; .thersf.o. rs,..h., stated that he would advise the City Clerk dunng the next week as to h,s av=,labil,ty on December 27. He added that he would be free to meet with Council on January 3, 4, or 5, 1996, if it is necessary to postpone the December 27 workshop. There being no fu,::~er business, the Mayor declared the workshop adjoumed at 7:30 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 63 ROANOKE CITY COUNCIL ---~CONGRESSMAN ROBERT W. GOODLATI'E November 27, 1995 12:16 p.m. A special meeting of Roanoke City Council with Congressmen Robert W. Goodlatte was held on Monday, November 27, 1995, et 12:15 p.m., in the Social Services Conference Room, Room 306, Municipal Building North, 215 Church Avenue, S. W., Roanoke, Virginia, with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowies, Delvis O. McCadden, William White, Sr., Linde F. Wyatt, and Mayor David A. Bowers ...... 5. ABSENT: Vice-Mayor John S. Edwards and Council Member John H. Parrott ...... 2. OTHERS PRESENT: Congressman Robert W. Goodlatte; Pete Larkin, District Director to Congressmen Goodlatte; W. Robert Herbert, City Manager; James D. Ritchie, Assistant City Manager;, Wilburn C. Dibiing, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The Mayor advised that the purpose of the meeting was to discuss mettere of mutual interest and concem with Congressmen Goodlatte. Congressman Goodlatte rsferred to previous discussion with regard to unfunded Federal government mandates and reported definite progress in the area of unfunded mandates. He stated this is something he has been concerned about while in Congress because it reduces the flexibility of Roanoke City Council and other local governments to be able to make decisions according to their priorities; the Federal government is mandating more and more programs and regulatory requirements and not providing the funds to carry those out; and one of the things this Congress has passed and the President has signed into law is unfunded mandates legislation. He further stated the way the legislation works does not make it impossible to have unfunded mandates and perhaps there are some circumstances under which it might be appropriate, but basically what the legislation says is whenever legislation is offered in which local governments are mandated to do something, there must be an analysis of the cost; if that cost is greater than $50 million nationwide for all local governments, a point of order may be raised by any single member of Congress against the legislation that contained the unfunded mandate; and under those circumstances, the unfunded mandate has to be pulled 64 out of the legislation and voted on separately in a straight up or down vote, and no longer can those requiraments be tucked in and go unnoticed until legislation is enacted into law, with local governments finding out that Congress has conveniently found a way to pay for something that may or may not be a local priority. He stated he believes this legislation will make it far more difficult for Congress to pass legislation with unfunded mandates. The Congressman stated on the local level, transportation is one of the things he believes is vitally important for economic growth in the City of Roanoke and the surrounding area, and this Congress has had great success with two new interstate highways, i.e., 1-73 and 1-66. He advised that the 1-73 project has now been passed through the National Highway System legislation; the House and the Senate both passed legislation including 1-73 which is designated to go through Roanoke, and Senator Warner has been very helpful in holding firm on this legislation; and all that remains to be done with the legislation is for the House and the Senate to ratify a Congress report, and be sent to President Clinton for signature, and then the planning process can begin for this route. As far as the City of Roanoke is concerned, Congressman Goodlatte advised the legislation calls for 1-73 generally to go through Roanoke on 1-581, although the legislation does not require it. With regard to 1-66, the Congressman stated this is a road that has had a number of different elternativss which caused Statewids elected officials not to support it, and various members of Congress to support different alternatives, including crossing the southern part of the State on Route 58, coming all the way across the State on Route 460, or going further north. He stated when the legislation passed this year, it was included in the House Bill and was not included in the Senate Bill, but he was fortunate in getting Senator Warner to agree to get that in the Congress report, so the 1-66 route is in the same legislation and is much further along. He stated that Lynchburg is interested in the 1-66 route, and he believes there is a good chance of that also occurring, although it is much further down the road, probably a twenty year time frame, whereas 1-73 is probably within a ten year time frame. He pointed out that Interstate 81 is in need of widening and upgrade, particularly in this area, and stated he believes that will take place before either one of the other projects, inasmuch as engineering on 1-81 is already underway. The Congressman stated another issue relating to transportation that is of concern to the area is the airport control tower;, that efforts were successful last year in getting funds appropriated for the initial engineering and site work on the tower; there were some delays in getting the work done which led him to believe it is still not a high priority for the FAA; a meeting on this issue was rascheduled from November to December 13 due to the Federal government shutdown; and he anticipates getting an appropriation for the actual construction of the tower during the next Congress or the next year. 65 With regard to mess transit, Congressmen Goodlatte advised that the news I is not good, which concerns him greatly. He stated ~ is a plan with the first year of implementation already included in the appropriations, to phase out operating subsidies for mess transit; that he is opposed to that because every form of transportation is subsidized in one form and he does not believe it is appropriate to select mass transit as being one to remove the operating subsidy; that the operating subsidies are particularly important for smell and medium sized cities, with several thousand people in the Roanoke area being totally dependent upon mess transit to get around; he explored ways to add money back in and he supported an effort to add more money for medium sized cities by taking the funds from old projects that have never been undertaken; at the last minute, the offsetting savings were taken instead from FAA airport improvements; and efforts continue to look for alternative sources of funds to put some of that money back in. The Congressman stated he has spoken to the Chairman of the Transportation Appropriations Subcommittee and Chairman of the Public Works and Transportation Committee, and he remains hopeful in finding assistance there. Congressman Goodlatte advised that he serves on the Judiciary Committee which is involved with the Telecommunications Reform, a mejor piece of legislation dealing with virtually all menner of telecommunications, allowing long distance companies to offer local phone service, local companies to offer long distance sswica and offer cable television service, cable companies to offer local telephone service, etc., and that modemizsa our Federsl laws regarding telecommunications which are out of date. He further advised a bill was passed in the House and in the Senate, and they are in the process of working out a conference; one of the things that particular legislation included is a provision that allows the Federal Communications Commission to write regulations regarding the placement of poles used for callular communication; with this explosion in telecommunications technology, it is expected there mey be as meny as 100,000 of these poles going up across the country in the next few years and this would be a usurpation of local govemmenta' dghts to have the FCC writing the regulations on placement of poles; therefore, he offered a bi-partisan amendment along with Congressman Jim Moran of Northem Virginia which would have changed that provision in the bill and provided for the Federal government to be able to regulate those aspects of it; the Senate did not include this; the Congress has been able to work out a eettlement between the local government organizations and the cellular communications industries to protect local government rights; and essentially, the legislation will now spell out exactly those differences, i.e., where it effects interstate commerce, the FCC will be involved, and where it does not, local government authority is clearly retained. Council Member Bowies stated that the City is pleased with the services Congressmen Goodlatte is bringing to the City of Roanoke and the entire district, and expressed appreciation to Congressmen Goodlatte for his willingness to meet with City Council. Council Member McCadden inquired of Congressman Goodlatte as to what impact, if any, the Montgomery County Board of Supervisors' situation has on govemmant support for the Smert Road, and whether the Congressman is in favor of it and what steps need to be taken. Congressman Goodlatte advised that he is in favor of the Smart Highway, and although it is not in his district, it will have an impact on the Roanoke Valley; in his opinion, it is an important economic development opportunity that is seen very seldom; and the potential for investment by the Federal government and by outside companies like General Motors could meke this area a national leader in that field that would attract all manner of business with well-paying jobs to the area. He pointed out it is a decision that greatly transcends soma of the concems that were perhaps addrsssecl by the Montgomery County Board of Supervisors when they mede the decision; one of the Board members who voted against approving the rezoning to allow the road to go through an agricultural area mey be willing to rehear the matter;, and he believes there is a great danger that it will not happen unless that vote is changed because the State, which has the primary role in constructing the road, is not anxious to impose a road in an area where the local government says it is not welcome. He stated that some other altemativss are to try to find another place to put the Smart Road in Montgomery County, and another is it may be taken away from this area all together and put in Northern Virginia or some other part of the state, which concerns him greatly; and that we have a unique situation here in that this would be the only one of thess projects he is aware of in this country where a road would be built at the same time the technology is being put in, and it is the only one to his knowledge that is not taking place in a major metropolitan area. He advised the opportunity would exist to study things that ars different, such as moving large volumes of traffic through a smell area which is obviously one of the features of the intelligent vehicle system, and this would allow a study of controlling the highway under higher speed conditions, dealing with weather conditions, etc., by using the technology to try to control those kinds of highway safety issues. The Congressman stated he is interested in getting support from Montgomery County for the project, and at this point in time, the decision is up to the local govemment in Montgomery County, and anything he or the City of Roanoke can do to encourage them to look at the big picture is a good idea, inasmuch as it is a great opportunity with benefits that far outweigh the concerns. 67 Council Mem.b?r White expressed appreciation to the Congressman for the fine service he to the citizens City of Roanoke. He that he ..p. rovld.as of.the advised. is concerned w~th the ,esus of maes trans,t, and particularly local bus esnnce, and expressed the clasire to find a way to stop Congress from pulling money out of this area. He stated another program he believes the President and Congress should get behind and tn/to increase funding for is Head Start, which is an important program that should be continued. He inquired es to Congressman Goodlatte's position with regard to the interchange at Valley View (I-581), and whether the Congressman has been involved in it or had an update with regard to the project. He also referred to previous discussion by Congress about Federal enterprise zones for urban areas and inquired as to what happened with that program. W'~h regard to taxes, Mr. White stated he believes Congress should look at ways to encourage businesses to make investments; and that they should go beck and look at the investment tax credit again, increasing the tax write-off which would help local governments, as well as capital gains which would stimulate people with money or businesses to spend money, therefor turning the cycle and putting more money into the economy. In response to Mr. Whita's comments, Congressman Goodlatte advised with regard to Valley Metro that the problem there is in the long term; that immediately there are going to be reductions in the subsidy which may put City Council in a difficult situation regarding fares and so on; however, the long term should completely eliminate the subsidy for a program like the one in the City, making it difficult to find an altamative way to fund that program. With regard to the Head Strut Program, the Congressman stated he believes there are some increases in the current budget which will have to undergo further negotiation, so that situation may change. He advised he definitely agrees the 1-581 Interchange is badly needed; he and his staff have been involved and have attended all the meetings and they are keeping in close touch with the State and Federal Highway Administrations; and in his opinion, the problem comes from the Federal Highway Administration in requiring too severe standards. He stated he will continue to encourage and support allowing the City to do a partial 1-581 interchange and to reduce the raquiremonts for what it will take to build the interchange. Congressman Goodlatte further advised he would have to check on the status of the Enterprise Zone legislation. With regard to the capital gains tax, he stated the opinion that a dramatically growing economy existed when greater incentives were in place for people making investments and taking a risk, which should be rewarded; and that right now, a reduction from 28% maximum to approximately 19% is included in the Balanced Budget Act of 1995 that just passed the House and the Senate, and whether or not it will survive through the real negotiations with the President is unknown. 68 Council Member Wyatt inquired as to what kind of support can be expected from Congressman Goodlatt, in the area of pu.blic edu.c, ation; whereupon, ~. I Congressman stated that be s.tro~_..ly supports public education; and that both. of his children have attended Roanoke C,ty Schools and he has been very pleased ~nth the quality of education they have received. He advised he does not support a Federal voucher program; he does believe in school choice; he believes competition is healthy; he believes the primary emphasis on education is local, and it is a matter between parents, teachers and local school boards; he does not believe in attaching a lot of Federal govemmant mandates and regulations to the process because it has the same effect as ir~ other areas of reducing local government flexibility; and he does not look to increasing the Federal role in education, but he certainly wants to make sure that the City of Roanoke has every opportunity to compete for available funds. Mayor Bowers expressed appreciation to Congressman Goodlatte for his support of unfunded mandates, and stated Council Member White is correct in saying the 1-581 interchange is critical to the City. He advised that the City has moved ahead on this and needs to have the Federal government move on it also. Congressman Goodlatte advised he and his staff would register their support of the City's efforts in the matter. Mayor Bowers stated with regard to the issue of highways, it was his _~ understanding that 1-73 and the Smart Road would follow the same.., path through Montgomery County, and now he understands they could follow d,fferent paths; whereupon, Congressman Goodlatte advised if the Smart Road does not exist, that portion of 1-73 would have to run somewhere else; 1-73 is designated to run through Montgomery County on current Route 460 until it reaches the Smart Road, which would connect to 1-81 and run along 1-81 until it connects with 1-581, and then 1-581 would connect to Route 220; however, this is not the hard and fast designation of where the road will run, and in some areas based on the way the access roads run, it would be far more expensive to join those access points than it would be to build a separate road; and whatever happens with the portion of 1-73 that may not be created will be decided by the Commonwealth of Virginia. Mayor Bowers refer~ed to the increased traffic on Interstate 581 and inquired if 1-73 comes down 1-581, whether there is any possibility of funding for improved interchanges, such as Elm Avenue, and whether it is envisioned that there would be some kind of beltway or circumferential around Roanoke as well. Cong. rsesman Goodlatte advised if all of these roads did coma about sometime ,n future, there.would almost have be soma type of beltway; to. however, this w~ll be decades ,n the future and certainly that would have to be a consideration at some point in order to deal with the ~,,;;;c coming fight through the heart of Roanoke, and he would be willing to work with the Roanoke govemmenta on any kind of connector road to ease that load through the center of the City. Mayor Bowers referred to the loss in funding for mass transit, and advised that the City had to pick up $t70,000 last year for additional funding because of Federal government cutbacks, and he recently read that the City may be anticipating another $700,000 loss. He advised that the City is moving ahead with plans under the State law for e transportation district end apparently, Roanoke County has indicated soma willingness to go further with the discussion on that matter. He stressed to the Congressman the need to understand what a difficult situation it places City Council in to maintain the municipal sewica of providing bus ~,ansportation to its citizens, and if Congress is intent on cutting back funding, he urged that it not be done all in one year. Congressman Goodlatte stated he is not certain whether the $700,000 would be the total cut for one year or if it will be over five years. He advised he does not support the overall effort; he believes there is a disproportionate hit on mass transit and particularly on large communities that do not have the same number of riders or the same tax base to spread the cost; and he is definitely concerned about this and will continue to look for ways to help the City deal with it. With regard to the FAA control tower, Mayor Bowers stated that a lot of money has gone into the rehabilitation of the Transportation Museum in downtown Roanoke, and Kay Houck, Executive Director of the Transportation Museum, has been interested in obtaining an old FAA control tower for the Museum. The Mayor requested assistance in getting funding, if a new FAA control tower is built, to help the City preserve the old FAA tower for relocation at the Transportation Museum. Congressman Goodlatte stated this was mentioned to him previously, and he did soma preliminary study without finding any separate funding, so when the next step is undertaken he will look at that, and perhaps some of the components of the old FAA tower can be moved to the Transportation Museum. Mr. Herbert stated that the City is getting very close now on the Roanoke River Flood Reduction Project and Members of Congress have worked hard with the City administration, and he believes it is coming down to a decision sometime in the next six to nine months as to whether it will be "go" or "no go", and the City is still assuming it will be "go". He further stated that Congressman Goodlatta may not be aware of a second application in connection with a very significant amount of flood damage the Garden City area received. He advised that FEMA now has a program whereby in. ste.ad of paying people to recover, the.m, is a Federal/Ioca! match for actually go,rig ,n and removing the .structures; the C,ty has had .a.n apphcation that will require a 25% local match for ..w~.lch the City Council has tentatively set aside the local amount of funds; and anything the Congressman could do to expedite the process and help move the project along would he helpful. Congressman Goodlatte advised this is a matter he and Mr. Herbert have discussed, and he was not aware that the City had received the application; however, he will work with the City on the matter. Mr. Grisso advised the City has approximately 400 employees participating in a deferred compensation "457" plan, and several pieces of legislation which have not passed have included the ability for a $7,500 exclusion, similar to the "401 K" plan; and he urged Congressman Goodlatte's support of legislation in that area to allow such an exclusion. Congressman Goodlatte stated he believes the current law is totally discriminatory against local government employees, so he has supported those efforts and will continue to do so. Congressman Goodlatte offered his assistance in requesting Federal support for the City ss it looks at regional grssnways. With regard to the issue of the Social Security Office in downtown Roanoke, Congressman Goodlatte advised he has written to both the General Services Administration and Social Security Administration supporting the City's efforts in keeping the Social Security Office location in downtown Roanoke. The Congressman advised with regard to funding for the Explore Park, which is of interest to the City of Roanoke in terms of promoting tourism, efforts have been successful in avoiding losing the money which was obtained by Congressman Olin approximately eight years ago; funds were kept in and the National Parks Service, Interior Department, Federal Highway Adminis{,,,;;on and Transportation Department are talking to each other and have agreed on the terms; and the roadway was put out to bid, and the groundbreaking was held very recently. He stated he believes this is a positive development, and his office, along with the Explore Park project, is working with Roanoke County and other interested parties on an "Interpretation/ Visitor's Center" located just off the Blue Ridge Parkway, coupled with administrative facilities for that aspect of the Parkway. He advised he is optimistic this project may be accomplished, and he believes the project will be helpful in calling attention to the Explore Park as well as this entire region of Virginia. On behalf of the Members of City Council, Mayor Bowers expressed appreciation to Congressman Goodlatte and Mr. Larkin for their willingness to meet with the Council. Congressman Goodlatte stated his willingness to continue nsc. ting with the Members of City Counci~ on a yearly basis, or at any time Council would like to meet in the interim. He expressed appreciation to the Mayor and Members of City Council for taking the time to share their thoughts with him. Thers being no further business, the Mayor declared the meeting adjoumed at 1:55 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL 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, November 27, 1995, at 3:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Re~]ular Meetin.cjs, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members John S. Edwards, Elizabeth T. Bowies (arrived at 4:05 p.m.), Delvis O. McCadden, John H. P;m~,u~ 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 Attorney; James D. Grisso, Director of Finance; and Mary F. Parirer, City Clerk. The meeting was opened with a prayer by The Reverend Darryl G. Crim, i~[ Pastor, North Roanoke Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS: AIRPORT-ACTS OF ACKNOWLEDGEMENT-COMMITTEES-CITY MANAGER: Bob Johnson, Chairperson, Roanoke Regional AIrport Commission, presented a resolution which was adopted by the Roanoke Regional Airpo? Commission on October 18, 1995, to W. Robert Herbert in apprec,gdon for his years of service as an Airport Commissioner. ACTS OF ACKNOWLEDGEMENT-CITY ATTORNEY: Mr. McCadden offered the following resolution recognizing and congratulating Wilburn C. Dibling, Jr., City Attorney, upon his receipt of the Edward J. Finnegan Award from the Local Government Attorneys of Virginia, Inc., Association: 73 ACTION: ACTION: ACTION: (#32752-112795) A RESOLUTION recognizing and congratulating Wilbum C. Dibling, Jr., City Attomey, upon hie receipt of the Edward J. Finnegan Award f~om the Local Government Attorneys of Virginia, Inc., association. (For full text of Resolution, see Resolution Book No. 58, page 108.) Mr. McCadden moved the adoption of Resolution No. 32752- 112795. 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: Nono ... (Council Member Bowies was absenL) On behalf of the Membem of Council, the Mayor presented Mr. Dibling with a ceremonial copy of Resolution No. 32752-112795 and a paperweight containing the City Seal insignia. Also, on behalf of Council, the Mayor congratulated Mr. Dibling upon receipt of the Edward J. Finnegan Award for Distinguished Service, said award being the highest honor bestowed by the Local Govemmont Attomeys Association. 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 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 four requests for Executive Sessions to discuss a matter with regard to a special award, being the annual Citizen of the Year Award; a personnel matter, being the appointment of a person to flu a portion of an unexpired term on City Council; the use and disposition of publicly held property, specifically property held by the Roanoke Redevelopment and Housing Authority; and acquisition of real property for public purpose, specifically property needed for flood reduction and sewer interceptor lines. 74 ACTION: ACTION: COUNCIL-CiTIZEN OF THE YEAR: A communication from Mayor D..avid A. Bowers. requesting that Council meet !n Executive Session to d,scus, · specml .award, being the annual Citizen .of ~e. Year Award, pursuant to Section 2.1-344 (A)(10), Code of V, rg~nm (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the Mayor to convene in Executive Session to discuss a special award, being the annual Citizen of the Year Award, pursuant to Section 2.1-344 (A)(10), Code of Virginia (1950), as amended. The motion was seconded by Mr. 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.) COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to disc.uss a personnel matter, being the appointment of a person to fill a port, on of .'IAAI an unexpired term on City Council, pursuant to Section 2.1 ...,A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the Mayor to convene in Executive Session to discuss a personnel matter, being the appointment of a person to fill a portion of an unexpired term on City 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 and Mayor Bowers ................................. -6. NAYS: None .... (Council Member Bowles was absenL) 75 PURCHASE/SALE OF PROPERTY-CITY PROPERTY-HOUSING/ i AUTHO..RJTY-COUNCIL:. A report of the. City Manager requesting that Council meet in Execubve Session to d,scuss a matter with regard to use and disposition of publicly held property, specifically property held by the Roanoke Redevelopment and Housing Authority, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. White moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to use and disposition of publicly held property, specifically property held by the Roanoke Redevelopment and Housing Authority, 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 Edwards, McCadden, Parrott, White, Wyatt and Mayor Bowers .................. -6. NAYS: None 0. (Council Member Bowies was absent.) SEWERS AND STORM DRAINS-COUNCIL-CITY PROPERTY- FLOOD REDUCTION/CONTROL: A report of the City Manager requesting that Council meet in Executive Session to discuss a matter with regard to acquisition of real property for public purpose, specifically property needed for flood reduction and sewer interceptor linss, 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: Mr. White 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 property needed for flood reduction and sewer interceptor lines, pursuant to Se(don 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 Edwards, McCadden, Parrott, White, NAYS: Not.: ....... -0. (Council Member Bowles was absent.) ELECTIONS: A communication from Gilbert E. Butler, Jr., Secretary, Roanoke City Electoral Board, transmitting a certified copy of the Abstract of Votes cast in the General Election held in the City of Roanoke on November 7, 1995, was before Council. "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 7, 1995 General Election, for MEMBER, SENATE OF ViRGINIA 21st District Names of Candidates John S. Edwards J. Brandon Bell II None of Above Michael Jordan Mark Oliver Wayne Reilly Thomas C. Wray Total Votes Received (In Figures) 14,116 i 8,755 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 7, 1995, do hereby cert~/that the above is a true and correct Abstract of Votes cast at said election for the above office. Given under our hands this 8th day of November, 1995. A copy teste: Charles T. Green, Chairman Frances Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Buffer, Jr., Secretary, Electoral Board" I 77 "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 7, 1995 General Election, for MEMBER, HOUSE OF DELEGATES 16th Disbtct Names of Candidates Total Votes Received (In Figures) Clifton A. "Chip" Woodrum Newell R. Falkinburg Matthew Long 8,201 4,526 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 7, 1995, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office. Given under our hands this 8th day of November, 1995. copy teste: Charles T. Green, Chairman Frances Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board" '"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 7, 1995 General Election, for MEMBER, HOUSE OF DELEGATES 17th District Names of Candidates Total Votes Received (In Figures) A. Victor "Vic'" Thomas Jeffrey L. "Jeff" Artis None of Above Douglas Dickereon 7,795 2,282 1 1 78 We, the unders!.gned Electoral Board, upon examination of the official records depos,ted with the Clerk of th.e..Circuit Court of the election held on November 7, 1995, do hereby, ce,;;,y that the above is a true and correct Abstract of Votes cast at es;d election for the above office. Given under our hands this 8th day of November, 1995. A copy teste: [SEAL] Charles T. Green, Chairman Frances Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board" "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 7, 1995 General Election, for CLERK OFCOURT Names of Candidates Arthur B. "Bert" Crush, III None of Above James Basham Rhonda Bird David Bowers Alice Burlinson Baker Ellett James T. Jordan John St. Leger William A. Martin Mooch Jack Patterson John Sanzo Total Votes Received (In Figures) 17,602 1 1 1 1 1 1 1 1 1 1 1 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 7, 1995, do hereby certify that th~ above is a true and ACTION: ACTION: correct Abstract of Votes cast at said election end do, therefore, determine and declare that the following person has received the greatest number of votes cast for the above office in said election: Arthur B. "Bert" Crush, III Given under our hands this 8th day of November, 1995. A copy taste: Charles T. Green, Chaicw, an Frances Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Wyatt and Mayor Bowers NAYS: None (Council Member Bowles was absent.) Gilbert E. Butler, Jr., Secretary, Electoral Board" (For full text, see communication and Abstract of Votes on file in the City Clerk's Office.) Mr. White 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 Edwards, McCadden, Parrott, White, COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Katherine Cochren tendering her resignation es a member of the Roanoke Neighborhood Partnership Steering Committee, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White 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: 8O ACTION: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt and Mayor Bo,rs ..... .. ...... ..6. I_, i NAYS: Non: (Council Member Bowies was absent.) OATHS OF COMMISSION-YOUTH: before Council: OFFICE-COMMITTEES-ROANOKE ARTS The following reports of qualification were Ann D. Masters as a member of the Roanoke Arts Commission for a term ending June 30, 1998; and Cbeniss A. Anderson as a member of the Youth Services Citizen Board, to fill the unexpired term of James C. Stephens, resigned, ending May 31, 1997. (See Oaths or Affirmations of Office on file in the City Clerk's Olfice.) Mr. White moved that the reports of qualifica'don be received and filed. 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: Non: (Council Member Bowies was absenL) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING-LANDMARKS/HIST. PRESERVATION-ARCHITECTURAL REVIEW BOARD: William L. Whitwell, Chairperson, Architectural Review Board, addressed Council in connection with Architectural Design Guidelines for the City's H-1 and H-2, Historic Districts, which were developed with input from the Architectural Review Board. He advised that architectural preservation and care is an important component of the City of Roanoke; there has been a great deal of revitalization of neighborhoods and buildings in Roanoke; a considerable appreciation in City real estate values has occurred due 8! to the efforts of historic presewation; and a positive impact has been realized on both property values, both in the H-I and H-2 Histodc Districts. He stated that development of the design guidelines was a joint process between citizens, community organizations, City staff, Architectural Review Board, and the consultant; whereupon, he presented a copy of the proposed guidelines to each member of Council for their information and review. Evelyn S. Lender, Secretary, Architectural Review Board, presented slides of the H-1 District, which covers the City Market area and an area along Norfolk Avenue known as "Warehouse Row", and surnrnarized guidelines for the district. She also presented slides of the H-2 District, which covers most of Old Southwest and approximately a five block area of Patterson Avenue. In the H-2 District, she noted that the Architectural Review Board is encouraging the preservation of architectural features, insuring that new construction is compatible, and encouraging citizens to pursue alternatives to demolition. Robert B. Manetta, Member of the Architectural Review Board, and a Member of the Board of Directors of Downtown Roanoke, Incorporated, advised that use of the proposed design guidelines by petitioners has provided for interesting and sometimes successful projects for the benefit of the H-1 and H-2 Historic Districts. He added that the Architectural Review Board has engaged in consulting and working with potential developers prior to appearing before the Board in an effort to streamline the process. He stated that $381 million has been spent in the H-1 Historic District, over the past five years, all of which have come under the umbrella of the Architectural Review Board. He further stated that the Board of Directors of Downtown Roanoke, Incorporated hes been pleased with the process. Donald C. Harwood, Member of the Architectural Review Board, and a homeowner in Old Southwest, stated that Old Southwest is a success story, and the area is continuing to grow in value and in recognition. He added that he has witnessed many struggles during his tenure on the Architectural Review Board which came about as a result of issues in which the petitioner was not educated as to actual design guidelines and the true meaning and intent of the Architectural Review Board. He pointed out that the historic district in Old Southwest has reaped the benefits of a success sto~j, viz: in 1994-95, the median value of residential property in Old Southwest was higher than City-wide 82 ACTION: ACTION: ~oalues and the assessed value of residential properties in Old uthwest has.increased by five - eight per cent as compared to three four per cent C,ty-wide. He stated that architectural guidelines orotect property values. - Without objection by Council, the Mayor advised that the briefing and remarks would be received and filed. COMMITTEES-ANNUAL REPORTS-ROANOKE CIVIC CENTER: Vernon M. Danielssn, Past-Chair of the Roanoke Civic Center Commission, presented the 1995 Annual Report of the Roanoke Civic Center Commission. He also presented information with regard to events totalling 227, which were attended by 621,000 patrons, 218,000 of which were from outside of the City of Roanoke. He noted that the Civic Center was used 87 per cent of the days of the year, which means that on more than 325 days, an event was in progress, with total ticket sales at approximately $4.5 million. He presented prepared information with regard to operating highlights, financial highlights, and major events. (See prepared information on file in the City Clerk's Office.) Co .James W. Stephens, Chairperson of the Roanoke Civic Center mm,asion, called attention to the challenge facing the City in light of i the changing entertainment industry, and the City of Roanoke will have to initiate certain changes and become more aggressive in order to fulfill its role in the industry. He stated that 1997 will commemorate the 25th year of operation of the Roanoke Civic Center and appropriate activities will be held. He advised that he looks forward to the challenge of serving as Chairperson of the Roanoke Civic Center Commission. Without objection by Council, the Mayor advised that the Annual Report would be received and filed. OTHER HEARINGS OF CITIZENS: None. At this point, 4:05 p.m., Council Member Bowles entered the meeting. 83 PETITIONS AND COMMUNICATIONS: STATE HIGHWAYS-LEGISLATION-AMTRAK: A communication from Mayor David A. Bowers in connection with a study which is being conducted by the Commonwealth of Virginia Department of Rail & Public Transportation to determine the feasibility of implementing rail passenger service between Bdstol and Washington, D. C., and between Bristol and Richmond, which study is an outgrowth of a 1992 study by AMTRAK related to areas not currently receiving rail passenger service, advising that in May 1994, the City was invited to designate a representative to serve on a committee to select a consultant to conduct the study, and the City's Public Works Director, William F. Cimt(, was appointed by the City Manager to serve in that capacity, was before Council. It was further advised that the firm of Frededc R. Harris, Inc., with offices in Northern Virginia, was selected to perform the study; the consultants have concluded that rail passenger service would be feasible along the study corridors, Bristol-Washington and Bristol- Richmond, with a station in Roanoke; two ~,-:-;ns a day in each direction was selected as the alternative with the greatest potential for success; and initially, the service would require subsidy, but is projected to be self-supporting by the year 2007, with the assumption that arrangements can be worked out to use ex,sting Norfolk Southern and CSX tracks. The Mayor advised that Council is already on record in support of AMTRAK service through Roanoke, and recommended that Council reaffirm its support by urging the Commonwealth Transportation Board to authorize continuation of the Bdstol Rail Passenger Study by Frederic R. Harris, Inc. (For full text, see communication on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (ff32753-112795) A RESOLUTION urging the Commonwealth of Virginia Transportation Board to authorize continuation of the Bristol Rail Passenger Study to confirm preliminary conclusions and refine study projections. (For full text of Resolution, see Resolution Book No. 58, page 110.) 84 ACTION: Mr. Parrott moved the adoption of Resolution No. 32753-112795. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowem ................. 7. NAYS: None CLERK OF COURTS-COMMONWEALTH'S ATTORNEY: A communication from Donald S. Caldwell, Commonwealth's Attomey, advising that on June 13, 1994, Council authorized the City Manager to enter into a contract with the Roanoke City General District Court and the Commonwealth Attorney's Office for collection of delinquent State and local fines and court costs; Council further authorized the establishment of a Cost Collection Unit within the Commonwealth Attorney's Office to handle collections; and the Clerk of the City of Roanoke Circuit Court has agreed to enter into a contract with the City of Roanoke and the ~ Attomey's Cost Collection Unit for collection of delinquent State and local fines and court costs owed the Circuit Court, was before the body. The Commonwealth's Attorney recommended that Council approve a contract between the Clerk of the City of Roanoke Circuit Court and the Roanoke City Commonwealth Attomey's Cost Collection Unit, and that the City Manager be authorized to execute ail appropriate documents pertaining thereto. 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 resolution: (f/32754-112795) A RESOLUTION authorizing the execution of a contract between the City of Roanoke, the Clerk of the Roanoke City Circuit Court and the Commonwealth's Attorney for the City of Roanoke to provide for the collection of certain past due fines and court costs. (For full text of Resolution, see Resolution Book No. 58, page 111.) 85 ACTION: ACTION: Mr. White moved the adoption of Resolution No. 32754-112795. 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. SCHOOLS: A communication from the Roanoke City School Board requesting approval of a State Literary Fund loan application, in the amount of $5 million, for the Brackinridge Middle School reconstruction project, advising that debt service on the loan will increase the School Board's debt service expenditure by $450,000.00 in fiscal year 1997-98, but no debt service liability is incurred until funds are drawn against the loan account, was before Council. 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 communication and report on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (#32755-112795) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Brsckinridge 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. 58, page 112.) Ms. Wyatt moved the adoption of Resolution No. 32755-112795. 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. 86 ACTION: Ms. Wyatt offered the following resolution: A RESOLUTIO..N a.uthorizing the School Board (#~_.2.756-112795) for the City of Roanoke to make appl,catmn for a loan from the State Literary Fund for modemizing Brackinridge Middle School. (For full text of Resolution, see Resolution Book No. 58, page 113.) Ms. Wyatt moved the adoption of Resolution No. 32756-112795. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers ....... 7. NAYS: None .... -0. CMERP-SCHOOLS-EQUIPMENT: A communication from the Roanoke City School Board requesting appropriation of $187,110.00 from the 1995-96 Capital Maintenance and Equipment Replacement Fund for purchase of instructional and administrative computers, replacement of school buses, replacement of carpet at Westside Elementary School, purchase of a maintenance utility loader, purchase of facility maintenance equipment, addition of classroom space, and alteration of school facilities, was before Council. A report of the Director of Finance recommending that Council concur in the request of the School Board, advising that the appropriation of $187,110.00 is the fourth appropriation of the School Board's fiscal year 1995 Capital Maintenance and Equipment Replacement Program funding of $2,394,036.00, which leaves an unappropriated balance of $900,651.00, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: (#32757-112795) AN ORDINANCE to amend and reordain certain sections of the 1995-96 School and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 114.) 87 ACTION: Mr. McCadden moved the adoption of Ordinance No. 32757- 112796. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, INyatt, Bowles and Mayor Bowers ---7. NAYS: Nono .... -4). REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: HUMAN DEVELOPMENT-GRANTS-FDETC: The City Manager submitted a written report advising that Council approved execution of an agreement with the F;;i;~ District Employment and Training Consortium for funding of the Operation Bootstrap Program utilizing funds available from the 1995.96 allocation of Community Development Block Grant (CDBG) funds, pursuant to Resolution No. 32666-071095, adopted on July 10, 1995; the Consortium has requested $1,878.00 in funds remaining in the previous 1994-95 CDBG Contract for Services for Operation Bootstrap to be added to the current 1995-96 CDBG Contract for Services for Operation Bootstrap, dated July 31, 1995; and the following changes to the agreement have been requested by the Fifth District Employment and Training Consortium: Add the remaining $1,878.00 in Community Development Block Grant funds from the previous CDBG Contract for Services for the Operation Bootstrap Program to the $10,613.00 in CDBG funds in the current CDBG Contract for Services for the Operation Bootstrap Program. Make changes in the Scope of Sewices and Compensation and Method of Payment sections of the Agreement. Make the necessary changes in the itemized budget to reflect the changes listed above. 88 ACTION: Th.e City Manager recommended that he be authorized to execute Commun,ty ..D. evelopment Block Grant Amendment No. I to the I I Agree..ment w~th the F;;'~;~ District Employment and Training Consortium regard,ng the Operation Bootstrap Program, 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 resolution: (#32758-112795) A RESOLUTION authorizing the City Manager to execute Amendment No. 1 to the Agreement with the Fifth District Employment and Training Consortium regarding the Operation Bootstrap Program to carry over funds from the previous year's contract to the current contract for the program. (For full text of Resolution, see Resolution Book No. 58, page 115.) Mr. Parrott moved the adoption of Resolution No. 32758-112795. 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 BUDGET-POLICE DEPARTMENT-HEALTH DEPARTMENT-HUMAN DEVELOPMENT-CAPITAL IMPROVEMENTS PROGRAM-COURTS FACIUTY-MUNICIPAL BUILDING-CONSULTANTS REPORTS: The City Manager submitted a written report advising that a need exists to assess and prepare a development program and facilities master plan for five of the City's primary buildings, viz: Municipal "North", Municipal "South", the Police Annex, Courts Building and Health Department; four of the five buildings comprise the City's primary "downtown" complex, with all usable space within the five buildings currently being utilized at maximum occupancy; and the following factors prompt the need for a long-range facilities master plan: A need to meet demands for programs and services by providing adequate facilities to accommodate depa,t,~nts which provide and. oversee services. In many departments, insuffic,ent floor space is available for staff and the public. 89 Continued demands on the Court system and the statutory requirements that the City provide adequate space for the Courts. The Police Department occupies approximately 32,500 (net) square feet of floor space. A recent professional study of space ccc. ds for the department documented the need for 77,000 square feet of floor specs. Operating conditions are extremely cramped and are not conducive to achieving the high level of program performance desired by the department The Social Services Department, which is primarily housed in Municipal "North", does not currently have adequate and appropriate space for program operations, which shortage of floor specs has resulted in breaches of client confidentiality. The State Department of Social Services has requested additional State and Federal funds to address the problem, but a facilities plan is needed in order to receive 80 per cent reimbursement from the State. The Health Department does not have adequate or conveniently located facilities for its program operations. Because of the space deficiency, the City has had to constantly juggle space assignments in order to meet program needs. The City has inadequate support service facilities including conference, storage, archive and maintenance needs for the majority of its departments. It was further advised that a legal advertisement was placed in the Washinaton Post. Roanoke Tribune. and The Roanoke Times soliciting proposals from qualified planning consultants to collect all pertinent data, conduct interviews with administrative staff and department heads, conduct on-site surveys and evaluations of buildings, assist in evaluating staffing projections, develop options for renovating existing buildings or constructing new buildings and/or leasing privately-owned buildings, to prepare a final report for the Long-Range Facilities Master Plan, and to collect and document information required for the computer Database for City-wide facilities. ACTION: .The City Manager recommended that Council concur in the ~ follovang actions: Authorize the City Manager to enter into a contractual agreement with Vitetta Group, Inc./Daniel C. Smith & Associates, to prepare a Long-Range Facilities Plan and Database for the City of Roanoke, for the total sum of $129,337.00 and six months for completion of the work and submission of the final report. Appropriate $130,500.00 from undesignated capital funds to a new Capital Projects fund account entitled, "Long- Range Facilities Master Plan and Database", which includes the fee of $129,337.00 to the consultant and a contingency of $1,163.00 to cover the cost of advertising the City's "Request for Proposals". (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#32769-112795) AN ORDINANCE to amend and reordain certain sectio.ns of the 1995-96 Capital Projects Fund Appropriations, and provid,ng for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 116.) Mrs. Bowles moved the adoption of Ordinance No. 32759-112795. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowies and Mayor 13owe~ .... 7. NAYS: Non: Mrs. Bowles offered the following resolution: (ft32760-112795) A RESOLUTION authorizing the execution ora contract and related documents with Vitetta Group, Inc./Daniel C. Smith & Associates, to prepare a Long-Range Facilities Master Plan and Database for the City of Roanoke. (For full text of Resolution, see Resolution Book No. 58, page 1t7.) ACTION: Mrs. Bowles moved the adoption of Resolution No. 32760-112795. 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: Nono .---0. GENERAL DISTRICT COURT-CIRCUIT COURT-COURT COMMUNITY CORRECTIONS BOARD-J & D RELATIONS DISTRICT COURT: The City Manager submitted a written report advising that the Appropriations Act, the establishment of the Comprehensive Community Con'ections Act for Local-Responsible Offenders (Section 53.1-180 et. seq.) and the Pretrial Services Act (Section 19.2-152.2 et. seq.), approved by the Virginia General Assembly dudng its 1995 regular session authorized funds for localities to continue those programs previously administered under the Community Diversion Incentive Program (CDI) and the Pretrial Services Act (PSA) and implement new community corrections programs in response to the crime problem; and Roanoke's participation in the joint Regional Community Criminal Justice Board is i.n compliance with statute I inasmuch as Roanoke h..a..s been. ..m. qu,.m.d to file a community corrections plan as a condition for ja, I funding. It was further advised that current programs, as well as the Alcohol Safety Action Program and Driver Improvement Programs, have been administered under the Court-Community Corrections Program (Regional) Policy Board and the Community Corrections Resources Board since 1980, with the City of Salem serving as fiscal agent; the Court-Community CorTections Regional Community Criminal Justice Board will assume responsibility for administration of the programs now being operated under the Court-Community Corrections (Regional) Board at no cost to the City of Roanoke; and goals of the regional Community Criminal Justice Board are as follows: Provide the courts with punitive sentencing alternatives for non-violent offenders less restrictive than incarceration in jail. 92 Cooperate with the Sheriff in helping to reduce the demands plac.e.d upon the jail's resources through the release and d?e..raion of select non-violent offenders charged with ja, lable offenses as an altemative to prosecution. Improve the efficiency and effectiveness of the Circuit, General District, and Juvenile and Domestic Relations Courts through the release and diversion of select non- violent offenders under probation supervision and into punitive altemativss to traditional punishments. Enhance services to the community through the development and effective use of offenders sentenced to complicated community service as a condition of probation. Provide other services as the Shedff, Director of Public Safety, and the Courts deem appropriate to the efficiency and effectiveness of Roanoke's criminal justice system which improve public safety. It was explained that the Department of Criminal Justice Services has initiated funding for the Community-Corrections Act for Local- Responsible Offenders and the Pretrial Services Act; the Alcohol Safety Action Program is self-supporting, using probation fees to fund its services and programs; each of the participating localities has endorsed the joint Court-Community Corrections Regional Community Criminal Justice Board and the bylaws; Council's approval and adoption of a resolution is necessary to meet the requirements of the Code of Virginia (1950), as amended, and to ensure the continuation of funding for services provided under the Acts; and the Department of Criminal Justice Services has established a deadline of December 31, 1995, for adoption of a resolution. The City Manager recommended that Council adopt, by resolution, the continuation of services to the courts and community by the Court-Community Corrections programs. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: . I (#32761-112795) A RESOLUTION establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botatourt, Craig, Roanoke and Rockbridge, and the Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem, the Court-Community Corrections Regional Community Criminal Justice Board. (For full text of Resolution, see Resolution Book No. 58, page 118.) ACTION: Mr. McCadden moved the adoption of Resolution No. 32761- 112795. 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: Non= ..... -0. HUMAN DEVELOPMENT-SALVATION ARMY-HOUSING/ AUTHORI .T~'.: The City Manager submitted a written report advising that I the S.a. lvat,on ..A/,,,y has .applied through the Citizens Services Comrmttes for C,ty funds, v,z: $16,500.00 to operate a program for the homeless and $21,000.00 to operate a shelter for battered women; the Citizens Services Committee has recommended an appropriation of $26,000.00 for fiscal year 1995-96 to be used for either program, and Council has concurred in the recommendation; and the Salvation Army has requested that the $26,000.00 be divided between the Abused Women's Program - $14,700.00 and the Homeless Program -- $11,300.00. The City Manager recommended that he be authorized to execute two contracts, to be approved by the City Attorney, with the Salvation Army for payment of services delivered to the Abused Women's and Homeless Programs. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following resolution: ACTION: ACTION: (#3.2762-112795) A RESOLUTION aut,h, orizing the City Manager to enter ~nt.o two contracts with the Salvation Army for payment of services dehvered by t~. organization's Abused Women's Program and Homeless Program to c~tizens of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 58, page 121.) Mrs. Bowlse moved the adoption of Resolution No. 32762-112795. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bower~ ....... 7. NAYS: None At 4:25 p.m., th~ Mayor declared the meeting in recess. At 6:25 p.m., th= 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 n=-cfing 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 Edwards, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .... 7. NAYS: Not= DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of October 1995. (For full text, see financial report on file in the City Clerk's Office.) i ACTION: Without objection by Council, the Mayor advised that the financial report would be received and filed. AUDITS/FINANCIAL REPORTS-PENSIONS: A report of the Director of Finance transmitting the audited fiscal year 1995 Comprehensive Annual Financial Reports for the City of Roanoke and the City of Roanoke Pension Plan, was before Council. It was advised that both documents have unqualified (the best) opinions from the City's external certified public accountants; the unaudited General Fund Capital Maintenance and Equipment Replacement Program (CMERP) reported on July 24, 1995, remains unchanged; and the audited balance was allocated between the City and School administrations, in the amounts of $4,327,037.00 and $2,394,036.00, respectively, to provide capital equipment and maintenance funding, which balances are available for future appropriation ordinances to be approved by Council. (For full text, see communication and reports on file in the City Clerk's Off,ce.) Ms. Wyatt advised that 27 per cent of the overall City budget is devoted to education; however, it appears that over the years the percentage has decreased, and requested that the Director of Finance submit a report on the overall percentage of the City's budget that was devoted to education during the past 15 years. ACTION: W;thout objection by Council, the Mayor advised that the reports would be received and filed. CITY ATTORNEY: BONDS/BOND ISSUES-STATE HIGHWAYS-VIRGINIA TRANSPORTATION MUSEUM: The City Attorney submitted a wfittan report advising that on November 13, 1995, Council authorized agreements with the Virginia Museum of Transportation and the Virginia Department of Transportation relating to renovations and improvements at the Transportation Museum, and Council agreed to commit to the Transportation Museum up to $813,000.00 from the 1996 general obligation bond issue. I.t was further advised that Council adopted ordinances authorizing .the two agreements; however, the Office of the City Attorney fa, le.d. to.provide .a re.solution required by. U. S. Treasury regulations ind,cating the C,ty's ,ntent to re, mburss ,tself $813,000.00 upon issuance of the 1996 bonds; whereupon, the City Attorney transmitted the appropriate measure for Council's consideration. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following resolution: (#32763-112795) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pureuant to Ordinance No. 32131-080894, adopted August 8, 1994, for certain expenditures in connection with renovations and construction improvements to the Virginia Museum of Trsnsportation ("Project"), in the City of Roanoke; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 58, page 122.) ACTION: Mr. Edwards moved the adoption of Resolution No. 32763- 112795. T~.e motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers ...... 7. NAYS: None .... -0. REPORTS OF COMMITTEES: BUDGET-PARKS AND RECREATION-SWIMMING POOLS- DISABLED PERSONS: 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 completion of work at Washington Park and Fallon Park Swimming Pools in order for the City to be in compliance with the Americans with Disabilities Act (A.D.A.), recommending that Council approve the following actions: 97 Authorize ~e City Manager to enter into a contractual ~n a to be approv .~1. by the City Attorney, with Williams Painting and Remodebng, Inc., in the amount of $79,255.00 and 120 consecutive calendar days to complete the work. Appropriate the following funds from the 1994-95 Capital Maintenance and Equipment Replacement Program account to a new Capital account entitled, "Washington and Fallon Parks - A.D.A Compliance": Contract Amount Project Contingency Total Contract Amount $79,255.00 $85,000.00 Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#32764-112795) AN ORDINANCE to amend and raordain certain sections of the 1995-96 General and Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 123.) ACTION: Mr. White moved the adoption of Ordinance No. 32764-112795. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers ..... 7. NAYS: Nono ---0. Mr. White offered the following emergency ordinance: ACTION: (f/32765-112795) AN ORDINANCE accepting the bid of Williams Painting and Remodeling, Inc., of Roanoke to complete the wort( at th.e j Washington and Fallon Park Swimming Pools for ~.D.A. Compliance mn I accordance with the contract documents as prepared by the Office of ~ City Engineer, 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. 58, page 125.) Mr. White moved the adoption of Ordinance No. 32765-112795. 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 UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: i~ CITY CODE-TAXES-COMMISSIONER OF REVENUE-LICENSES: Ordinance No. 32728 amending the License Tax Code and requiring payment to be received on or before March 1 for the license tax year beginning January 1, 1996, and all subsequent tax years, and to eliminate the installment payment option for the license tax year beginning January 1, 1997, and all subsequent tax years, having previously been before the Council for its first reading on Monday, November 13, 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: (#32728-112795) AN ORDINANCE amending and reordaining subasctions (a), (b), (f) and (g) of §19-20, When tax payable: installment payment; penalty for late payment; reDort and collection of delinouencies, of Article I, In General. of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, to require paymen, t to be received on or before March I for the license tax year beginmng January 1, 1996 and all s.u. bsequent tax years, and to eliminate the installment payment option for the license tax year beginning January 1, 1997 and all subsequent tax years. (For full text of Ordinance, see Ordinance Book No. 58, page 99.) ACTION: Mrs. Bowles moved the edoptJon of Ordinance No. 32728-112795. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members Edwards, Pa,¥ott, White, Wyatt, Bowles and Mayor Bowers .......................... -6. NAYS: Council Member McCadden BUDGET-DIRECTOR OF FINANCE-CITY CODE-CITY EMPLOYEES-PERSONNEL DEPARTMENT-PENSIONS: Ordinance No. 32741 providing for five year vesting for City employees, in lieu of ten year vesting, having previously been before the Council for its first reading on Monday, November 13, 1995, 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: (#32741-112795) AN ORDINANCE amending subsection (a) of §22.1-46, Vested allowance. Article III, Employees' Sur~olementai Retirement System. of Chapter 22.1, Pensions and Retirement. Code of the City of Roanoke (1979), as amended, to provide for five year vasfing, in lieu of ten year vesting. (For full text of Ordinance, see Ordinance Book No. 58, page 101.) ACTION: Mr. Edwards moved the adol~on of Ordinance No. 32741-112795. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Edwards, McCadden, Parrott, INhite, Wyatt, Bowles and Mayor Bowers -7. NAYS: None 100 ACTION: ACTION: Mr. White moved that the question of increasing the staff of the Department .of. Finance by one employee in connection with five year vesting for C,ty emplo.y, eas be .r~.erred to 1996-97 budget study for consideration by Council. The motion was seconded by Mr. Pan'ott and unanimously adopted. ZONING: Ordinance No. 32748 rezoning a parcel of land located on Hershberger Road, N. W., containing approximately 10,720 square feet and identified as Official Tax No. 2280802, from C-1, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner contained in a petition filed in the City Clerk's Office on August 15, 1995, having previously been before the Council for its first reading on Monday, November 13, 1995, 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: (#32748-112796) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Shas~ No. 228, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 68, page 102.) Mr. Parrott moved the adoption of Ordinance No. 32748-112795. The mation was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Edwards, McCedden, Parrott, Wyatt, Bowles and Mayor Bowers ............................................. -6. NAYS: Council Member White-- STREETS AND ALLEYS: Ordinance No. 32749 permanently vacating, discontinuing and clo=ing an undeveloped section of 22nd Street, S. W., running in a northerly direction from Sanford Avenue to the right-of-way of U. S. Route 220 Expressway, but not that portion of the undeveloped section of 22nd Street which extends 25 feet in a westerly direction from the existing edge of the pavement at Sanford Avenue, S. W., having previously been before the Council for its first reading on Monday, November 13, 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: 101 ACTION: ACTION: (#32749-112795) 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. 58, page 103.) Mr. McCadden moved the adoption of Ordinance No. 32749- 112795. 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. ZONING: Ordinance No. 32750 rezoning a 1.042-acre tract of land located at the northerly terminus of Lanford Street, N. W., identified as Official Tax No. 2170139, ;,~n RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner contained in the Second Amended Petition filed in the City Clerk's Office on October 17, 1995, having previously been before the Council for its first reading on Monday, November 13, t995, 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: (#32750-112795) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 217, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 56, page 106.) Mr. Parrott moved the adoption of Ordinance No. 32750-112795. 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. 102 ACTION: ZONING: Ordinance No. 32751 rezoning a tract of land located on the northedy side of Les Highway, Route 419, west of its intersection with Aerial Way Drive, containing a total of 2.723 acres, Off',cial Tax No. 5200107, and a portion of Off',cial Tax No. 5200119, from C-1, Office District, to C-2, General Commercial District, subject to the proffers contained in the Third Amended Petition filed in the City Clerk's Oft,ce on October 17, 1995, including the site plan prepared by Balzer & Associates dated August 16, 1995, copy of which was referenced in said Third Amended Petition, subject to any changes rsquirsd by the City during site plan review, and subject to the proffered site plan prepared by Balzer & Associates dated August 16, 1995, revised on November 14, 1995, and'November 21, 1995, filed in the City Clerk's Office on November 21,199~: and subject to any changes required by the City during site plan review, having previously been before the Council for its first reading on Monday, November 13, 1995, 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: .~ (#32751-112795) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 520, 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. 58, page 107.) Mr. White moved the adoption of Ordinance No. 32751-112795. The mot]on 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 MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: 103 · . BUDGET-RIVER PARK~NAYIEXPLORE: Vice-Mayor Edwards inquired as to th~ status of the request of Explore Park for funding; whereupon, the C,ty Manager advised that the source of funds to be recommended to Council will be personnel lapse monies, with a report to be submitted to Council during the January - March 1996 time period, depending upon the progress of accumulation of lapse funds. INSURANCE-COUNCIL-CITY EMPLOYEES: Vice-Mayor Edwards addressed the matter of health insurance premiums for City retirees and whether or not an opportunity will again be extended to retirees to participate in the City's health insurance program in view of certain action taken to lower premiums. The City Manager advised that he would provide Council with an update if it is a matter that will be handled administratively. COUNCIL-NEIGHBORHOOD ORGANIZATIONS-ROANOKE NEIGHBORHOOD PARTNERSHIP: Council Member McCadden called attention to a planning workshop which was conducted by the Roanoke Neighborhood Partnership on November 11, 1995, in which neighborhood representatives/leadere provided insight into what they believe are important issues for Roanoke's neighborhoods. The City Manager advised that minutes of the workshop will be provided to the I Members of Council for their information. ACTS OF ACKNOWLEDGEMENT-VIRGINIA TECH-UVA: Pursuant to the suggestion of Council Member McCadden, within the next 30 days, the Mayor requested that the City Attorney and the City Clerk recommend a method of recognizing the outstanding accomplishments of Virginia Tech which ranked 13th and the University of Virginia Which ranked tgth in the Associated Press Top 25 Poll for football. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that the terms of William G. Nork, III, Judy A. Bower, Richard S. Winstead, Louis E. Ellis, Lenora V. Williams, Steven D. Goodwin, Melvin C. Anderson, Jr., Char]es W. Hancock, Ronald H. Miller, Florine Thomhill and Barbara N. Duerk as members of the Roanoke Neighborhood Partnership Steering Committee will expire on November 30, 1995, and called for nominations to fill the vacancies. 104 ACTION: ACTION: ACTION: Mr. Parrott placed in nomination the names of William G. Nork, III, Judy Bower, Richard S. Win.stead, Louis E. Elhs, Lenora V. :1~· Williams, Steven D. Goodwin, Melvin C..Anderson, Jr., Charles W. I Hancock, Ronald H. Miller, Florine Thomh,II and Barbara N. Duerk. I There being no further nominations, Mr. Nork, Ms. Bower, Mr. Winstead, Mr. Blis, Ms. Williams, Mr. Goodwin and Mr. Anderson were reelected for terms ending November 30, 1998; and Mr. Hancock, Mr. Miller, Ms. Thomhill and Ms. Duerk were reelected for terms ending November 30, 1996, as members of the Roanoke Neighborhood Partnership Steering Committee, by the following vote: FOR MR. NORK, MS. BOWER, MR. WINSTEAD, MR. ELLIS, MS. WILLIAMS, MR. GOODWIN, MR. ANDERSON, MR. HANCOCK, MR. MILLER, MS. THORNHILL AND MS. DUERK: Council Members McCadden, Parrott, White, Wyatt, Bowies Edwards and Mayor Bowers ........ :- ............... 7. Inasmuch as Mr. Miller is not a resident of the City of Roanoke, Mr. Parrott 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-BUILDINGS/BUILDING DEPARTMENT: The Mayor advised that the term of John D. Fulton, Jr., as a member of the Board of Building Code Appeals, Building Maintenance Division, expired on November 10, 1995, and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of John D. Fulton, Jr. There being no further nominations, Mr. Fulton was reelected as a member of the Board of Building Code Appeals, Building Maintenance Division, for a te,,,~ ending November 10, 2000, by the following vote: FOR MR. FULTON: Council Members McCadden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers ........................ 7. OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The Mayor advised that the term of Malcolm L. Taylor as a member of the Advisory Board of Human Development will expire on November 30, 1995, and called for nominations to fill the vacancy. 105 Mr. Parrott Maced in nomination the name of Malcolm L Taylor. There being no further nominations, Mr. Taylor was reelected as a member of the Advisory Board of Human Development, for a term ending November 30, 1999, by the following vote: ACTION: FOR MR. TAYLOR: Council Members McCadden, Parrott, tNhite. Wyatt, Bowles, Edwards and Mayor Bowers. . 7. At 6:55 p.m., the Mayor declared the meeting in recess. At 8:10 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 Vice-Mayor Edwards who left the meeting during the Executive Session. 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 matters lawfully exempted ;,-c,m open meeting requireme,,;~ 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 McCaddan, Parrott, White, Wyatt, Bowies and Mayor Bowers ............. --6. NAYS: None ----0. (Vice-Mayor Edwards was abeanL) There being no further business, the Mayor declared the meeting adjourned at 8:12 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 106 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL December 11, 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, 2t5 Church Avenue, S. W., City of Roanoke, on Monday, December 11, 1995, at 3:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Re;;ular Meetinas. of Section 2-15, Rules of Procedure. Coda of the City of Roanoke (1979), as amended. PRESENT: Council Members Delvis O. McCadden, John H. Parrott, William White, Sr., Linda F. Wyatt, Elizabeth T. Bowles, John S. Edwards and Mayor David A. Bowers .................. 7. ABSENT: Non= 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 m_.eeting was opene.d, with.a prayer by The Reverend Frank Saunders, Pastor, Mt. Z~on African Methodist Ep,scopal Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT.CITY MANAGER: Mr. Edwards offered the following resolution honoring W. Robert Herbert, City Manager, on the tenth anniversary of his service as City Manager: (#,32766-121195) A RESOLUTION honoring W. Robert Herbert, City Manager, on the tenth anniversary of his service as City Manager. (For full text of Resolution, see Resolution Book No. 58, page 126.) ACTION: Mr. Edwards moved the adoption of Resolution No. 32766- 121195. The motion was seconded by Mrs. Bowles and adopted by the following vote: 107 ACTION: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers .. 7. NAYS: Nono,, -0. On behalf of the Council, the Mayor presented Mr. Herbert with a ceremonial copy of Resolution No. 32766-121195, a pewter plate with the City Seal engraved thereon; and he presented Mrs. Herbert with a "cwstal star" which is symbolic of the star on Mill Mountain, and Adam and Katherine Herbert with City of Roanoke "mini clippers". ACTS OF ACKNOWLEDGEMENT-YOUTH-SCHOOLS: Mr. McCadden offered the following resolution commending and congratulating the Patrick Henry High School Girls' Varsity Volleyball Team for an outstanding season, culminating in the team's State AAA runner-up status: (~32767-121195) A RESOLUTION commending and congratulating the Patrick Henry High School Girls' Varsity Volleyball Team for an outstanding season, culminating in the team's State AAA runner-up status. (For full text of Resolution, see Resolution Book No. 58, page 127.) Mr. McCadden moved the adoption of Resolution No. 32767- 121195. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Members McCedden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers ........ 7. NAYS: None -----0. On behalf of Council, the Mayor presented a ceremonial copy of Resolution No. 32767-121195 to Mareha W. Ellison, Trustee, Roanoke City School Board, and he presented City of Roanoke "Executive Glasses" to members of the Patrick Henry High School Girls' Varsity Volleyball Team. 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 108 ACTION: Consent Agenda, and if discussion was desired, that item would be removed from the C.o. nsent Agenda and considered.separately. He c.alled specific a. ttent,on to two. requssts for Execut,ve .S. essions to d,scuss a._ma?er involving acqu,sition of mai estate for publ,c purpose; and spec,ftc legal matters requiring the provision of legal advice by counsel, being the terms and conditions of a loan agreement for economic development purposes. PURCHASE/SALE OF PROPERTY~_,OUNCIL: A report of the City Manager requesting that Council meet in Executive Session to discuss a matter involving acquisition of real estate for public purpose, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, and also concerning expansion of an existing industry where no previous announcement has been made, pursuant to Section 2.1-344 (A)(5), specifically acquisition of property for a public street that will serve an existing industry that is considering expansion, 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 rsquest of the City Manager to convene in Executive Session to discuss a matter involving acquisition of real estate for public purpose, pursuant to Section 2.1- 344 (A)(3), Code of Virginia (1950), as amended, and also conceming expansion of an existing industry where no previous announcement has been made, pursuant to Section 2.1-344 (A)(5), specifically acquisition of property for a public street that will serve an existing industry that is considering expansion. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ....... 7. NAYS: Non= ECONOMIC DEVELOPMENT-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 te~ and conditions of a loan agreement for economic development purposes, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) 109 ACTION: Mrs. Bowles moved that Council concur in ~ request of the City Manager to c. onvene in Exm:. utive Session to d,scues specific legal matters requiring the provis~on of legal advice by counsel, being the terms and conditions of a loan agreement for economic development purlx~es, pursuant to Section ?-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 McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers 7. NAYS: Non: ..... -0. BUDGET: A report of the City Manager recommending approval of the following budget study schedule for fiscal year 1996-97 and that action be taken on Monday, January 8, 1996, to formally approve the schedule, was before Council. DATE BUDGET PREPARATION ACTMTIES April 22, 1996 Public presentation of fiscal year 1996- 97 recommended budget to City Council by the City Manager. April 22, 1996 Advertisements of public hearings on recommended budget and tax rates appear in newspapers. April 29, 1996 Public hearings on recommended budget and tax rates. May 8 - 10, 1996 City Council budget study work sessions. May 13, 1996 City Council adopts General Fund, Special Revenue Fund - Schools and Proprietary Fund budgets and approves an annual appropriation ordinance. (For full text, see report on file in the City Clerk's Office.) 110 ACTION: 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 McCadden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowem --7. NAYS: None COMMITTEES-LIBRARIES: A communication from Zaman K. McManaway tendering her rasignation as a member of the Roanoke City Public Library Board, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that the communication be received and filed and that the resignation be accepted with regret. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Parrott, INhite, Wyatt, Bowles, Edwards and Mayor Bowers ....... 7. NAYS: None ~NDA HEARING OF CITIZENS UPON PUBLIC MATTERS: ANNUAL REPORTS-TOTAL ACTION AGAINST POVERTY: Edwin I~ Feinour, Chairperson, Board of Directors, Total Action Against Poverty in the Roanoke Valley, presented the 1995 Annual Report of TAP. (See Annual Report on file in the City Clerk's Office.) The following persons also appeared before Council in support of continued funding by the City for sewices offered by TAP: Ms. Diane Vollmer, 1710A Patterson Avenue, S. W.; Mr. and Mrs. Gerald Vaughan, 23 - 24th Street, N. W.; Ms. Paula Curtiey, 2146 Tinker Drive, N. E.; The Reverend Gregory L. Jackson, Pastor, Melrose Avenue Seventh Day Adventist Church; and Mr. Carlton Grissom, 410 Day Avenue, S. W., Apartment No. 3. 111 ACTION: Ms. Gloria Dowe, 3702 High Acres Road, N. W., advised that TAP is not being held accountable for the manner in which it spends public funds, and TAP is not fully funding the clients of this area, which means that taxpayers' dollars are not being spent wisely. Ms. Brenda Coles, 3521 Barberry Avenue, N. W., Apartment No. 6, advised that as a battered woman, she was treated poorly at TAP's Woman's Resource Center. Mr. Parrott moved that the Annual Report of TAP be received and filed. The motion was seconded by Mr. McCadden and unanimously adopted. At 4:05 p.m., the Mayor declared the meeting in recess. At 4:25 p.m., the meeting rsconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. INSURANCE-PENSIONS: Clarence R. Martin, President, Roanoke City Retirass Association, addressed Council with regard to the issue of health insurance for City retirees, and advised that the City has 1,100 retirees, with approximately 230 under the age of 65, and requested that the City once again extend the opportunity for these 230 retirees to participate in the City's group health insurance plan, thereby realizing lower health insurance rates. A communica'don from the City Manager advising that Members of Council have requested information about retirees under the age of 65 (Medicare ineligible who previously were offered coverage at retirement and rejected the opportunity) to participate in the City's retiree health care program because of the more affordable rates, wes before the body. It was explained that after consulting with the City's health insurance provider, Trlgon Blue Croas/Blue Shield, it is believed that the City will be able to provide this benefit to those retirees who previously rejected coverage without impac'dng established 1996 health care rates; and assuming the request is approved, a number of enrollment issues will need to be evaluated before moving forward; 112 ACTION: however, it is expected to begin o?.e. ri~ coverage to this group no later tha.n March 1, 1996,. and there wdl be · 15 - 21 day open enrollment psnod and commun,cation on future enrollment options. (For full text, see communication on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the remarks of Mr. MaCdn and the City Manager's communication would be received and filed. COMMITTEES-GREENWAY SYSTEM: Ms. Lucy R. Ellett, Chairperson, Roanoke Valley Greenways Open Space Steering Committee, advised that the Steering Committee has worked under the umbrella of the F;,G;, Planning Disbict Commission, with instructions by elected officials of the four Roanoke Valley governments to submit proposals for greenways corridors in a pilot project. She emphasized the exceptional regional cooperation, through not only funds to hire a consultant, but planners and other staff who participated in numerous meetings. She also emphasized the level of citizen interest in greenways, and advised that the Steering Committee held a series of three public workshops in June, July and August, one each in the Cities of Salem and Roanoke and the Town of Vinton, in which over 300 persons participated. She called attention to the importance of adopting a conceptual plan and promoting the plan with a regional approach, and advised that the plan will not be implemented over night, but the speed with which the Roanoke Valley system is built will depend entirely upon the commitment of local govemments, the development community, and citizens at large. John R. Mariles, Chief, Community Planning and Development, presented the conceptual plan and the pilot greenways project. He advised that as a part of the public meetings, citizens pointed out that they want to go from their neighborhood to the three downtowns in the Roanoke Valley, they want to go from Roanoke's downtown to Mill Mountain and eventually connect to the Blue Ridge Parkway, they want to go from one community to another by travelling along the Roanoke River, they want a connection to the Appalachian Trail, they want to connect their homes with schools, parks and shopping centers, and they want both on bicycle lanes as well as off road trails, and horse trails throughout the Roanoke Valley. He added that further study will be needed to determine exactly where the trails should be constructed, the type of surface, and the type of users to be served. 113 Mr. Marl!ss explained that. over the past several months, the I Steering Committee has focused ,ts efforts on a pilot project selecting. to demonstrate the benefits of graenways to Valley cit,zens; there airs over 50 possible greenways corridors in the Roanoke Valley to choose ;,-,:,m, and to assist the Steering Committee, staff developed a list of 24 criteria to be considered. He added that after considering all of the criteria and with strong support by citizens in the planning workshop, the Steering Committee selected as its pilot project the corridor existing from the Historic Market area in downtown Roanoke to Explore Park in Roanoke County by way of Mill Mountain, which corridor connects to major tourist destinations in the Roanoke Valley, encompassing a total of approximately 12 miles, with the first phase of the proposed graenway totalling approximately seven miles in length, totally within the confines of the City of Roanoke, and incorporating both on road and off road trail segments which will accommodate pedestrians and bicyclists. Mr. Mmtlee explained that the City recently engaged the services of a consulting firm to assist in developing detailed plans for the pilot project, an application for Intermodal Surface Transportation Efficiency Act (ISTEA) funding will be submitted, and the consultant and the City Planning Department will meet with citizens during the next month to explain the project and to receive citizen input, with a public hearing to be held by Council on Monday, January 16, 1996, at 7:00 p.m., to consider the ISTEA application. ACTION: Without objection by Council, the Mayor advised that the briefing would be received and filed. PLANNING-ENTERPRISE ZONE: The Mayor advised that on November 28, 1995, Governor George Allen announced that the City of Roanoke was the recipient of one of 14 Enterprise Zone designations out of a total of 40 applications which weirs submitted. OTHER HEARINGS OF CITIZENS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. 114 ITEMS RECOMMENDED FOR ACTION: CITY CO.D.E-TAXICABS AND FOR.-HIRE VEHIC.LE.S-CITY MANAGER: The.C~ty M..am. ager submitted a wntte.n, report adwa~ng that Article III, "Public Veh~clss (Taxicabs and For-Hire Automobiles)" of Chapter 34, ~ of the Code of the City of Roanoke (1979), as amended, provides for regulation of public vehicles, including taxicabs and for-hire automobiles; currently, the City Code requires that an individual who wishes to operate a taxicab or for-hire vehicle from a location within the City must obtain a Certificate of Public Convenience and Necessity; the applicant, at his expense, must publish two notices in a local newspaper of a public hearing, and following the public hearing, the City Manager must investigate and dete..ine whether or not public convenience and necessity require the granting of a Certificate for operation of additional public vehicles in the City and whether or not the applicant is a person of suitable character and qualifications to conduct said business; the applicant and any other interested parties must then appear before Council to be heard on the merits of the request; and Council may grant the Certificate only if it determines that no other certificate holders ars willing and able to provide the additional service which is needed. It was further advised that application for a Certificate of Public Convenience and Necessity has been received from Sisson and St. Jacques Corporation, operating under the trade name of Liberty Cab; since numerous other inquiries have been received in recent months regarding the procedure and/or requirements, the City Manager appointed a task force to review the current situation and to recommend needed changes in City Code provisions pertaining to taxicabs; and the task force has recommended that the City Code be amended to provide that the City Manager may issue a permit to qualified applicants who wish to provide taxicab service within the City. The City Manager recommended that Council approve the following revisions: The liability insurance for public vehicles has been increased from $25,000.00/$$0,000.00 to $125,000.00, or the amount of insurance required by the State Corporation Commission, whichever is greater. Public vehicles will be inspected by the Commonwealth in accordance with the normal inspection process. 115 To prevent unfair competition, taxicabs will ..be prohibited ;,~11 having ;,=quency scanning or simdar electronic devices, and it wdl be unlawful for one taxicab company to monitor dispatches made by another company. Each public vehicle will be required to have posted inside the vehicle the business office address and telephone number of the owner of the vehicle so that members of the public will have ready access to the information. Each public vehicle company will be required to have distinc?.'va markings or color schemes ..which .ars diesim, lar from those used by other pubhc yah,cie companies. All applicants who meet City Code requirements to operate a public vehicle shall be entitled to a permit issued by the City Manager after appropriate investigation and, if deemed necessary, a public hearing. The City Manager shall have the authority to revoke or suspend a public vehicle permit for violations of the City Code or other laws. If an applicant is denied a permit or an owner's pe,-,~;t has been revoked, the individual may appeal the decision to a designee appointed by the City Manager who has not participated in the earlier determination. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: (#32768-121195) AN ORDINANCE amending Article III, Public Vehicles (Taxicabs and For-Hire Automobilest. of Chapter 34, Vehicles For Hire. of the Coda of the City of Roanoke (1979), as amended, by amending and reordaining §34-58, Definitions; §34-59, Authority for and ouroose of article: §34-62, Violations of article oenerallv; §34-64, Licensino r~rocedure; §34-65, Liability insurance or bond; §34-66, In_%_?~'fion: reoair of unsafe vehicles and inaccurate taxi meters; §34- 67, Adequate and efficient service required: §34-70, Vehicle stands: limitation on solicifina ~atronane: ~34-91, Reauired; §34-92, Filina and contents of aoolication; §34-94, Investiaation of and hearina on aoolication: determinations and report of city manaaer; §34-97, 116 ACTION: Transfer: substitution of vehicles; and §34-98, Revocation; by redesig.n, ating Division 2. Certificate of Public Convenience and Necesmtv; b.y adding new §34-73.1, Monitorina of radio disoatches; §34-78, Postlna of information inside public vehicles: §34-93.1 Distinctive vehicle color scheme and markinas reouired; and §34-99, Aooeals; by repealing ~14-68, Construction of body of taxicabs; ~4-69, Maintenance of vehicles; §34-73, Violations of sections 34-67 throuah 34-72 or 34-80; ~14-93, Notice of ar~icafion and headnq thereon; §34- 95, Council action on ;mDlicafion; and ~34-96, Issuance; such changes to require that a permit to operate public vehicles be obtained from the City Manager and setting forth the requirements for such permit and for revocation thereof; increasing the liability insurance required for operators of public vehicles; requiring public vehicles to have current state inspection stickers; requiring that operators of public vehicles be inside or in the immediate vicinity of their vehicles while occupying stands for public vehicles; prohibiting monitoring of radio dispatches for public vehicles; requiring posting of certain information inside public vehicles; requiring that each public vehicle be distinctively marked; providing a penalty for violations of such Article; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 128.) Mr. White moved the adoption of Ordinance No. 32768-121195. 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 BUDGET-HUMAN DEVELOPMENT-GRANTS-ROANOKE AREA MINISTRIES: The City Manager submitted a written report advising that since 1987, the City has received annual allocations of Emergency Shelter Grant (ESG) funds from the U. S. Department of Housing and Urban Development (HUD), which ara to be used to support programs that assist homeless individuals and families and homeless prevention programs; the City received $61,000.00 for fiscal year 1994-95 and $82,000.00 for fiscal year 1995-96, which funds were fully allocated to agencies that provide assistance to homeless populations for the period July 1, 1994 to June 30, 1995, and July 1, 1995 to June 30, 1996; $5,467.00 was not expended from the 1994-95 ESG allocation inasmuch 117 as three agencies did not fully expe.n_d the total amount of allocated I funds 30, 1995, the required deadl,ne specified by agreement; and Jun? HUD requ,res that the funds be fully expended by March 21, 1996. It was further advised that Council approved execution of an agreement with RAM House to utilize 1995-96 Emergency Shelter Grant funds, pursuant to Resolution No. 23556071095, adopted July 10, 1995, which agreement is in effect for the period July 1, 1995 to June 30, 1996; and Roanoke Area Ministries provides a day shelter (RAM House) for the homeless seven days a week and provides homeless prevention services. It was explained that the maintenance fee for RAM House increased after RAM's request for 1995-96 ESG funds was made to the City; in addition, RAM is currently coordinating homeless prevention services for tenants who formerly resided at Justice House; pursuant to communication under date of August 17, 1995, Roanoke Area Ministries has requested carry-over 1994-95 ESG funds to be added to the cun'ent 1995-96 ESG agreement for support of RAM House; and an amendment is necessary to the 1995-96 agreement with RAM House to provide the following: increase RAM House budget by $5,467.00, include homeless prevention services in the Scope of Services, and require RAM House to provide documentation to the City of the expenditure of match funds in the additional amount of $5,467.00. The City Manager recommended that he, or the Assistant City Manager, and the City Clerk be authorized to execute and attest, respectively, Amendment No. I to the agreement with Roanoke Area Ministries regarding support to its day shelter, in a form to be approved by the City Attorney, and transfer $5,467.00 of Emergency Shelter Grant funds to Account No. 035-054-5170-5252 from the following accounts: $ 215.00 from Account No. 035-054-5170-5251 $3,350.00 from Account No. 035-054-5170-5254 $1,902.00 from Account No. 035-054-5170-5255 (For full text, see report on file in the City Clerk's Office.) 118 ACTION: ACTION: Mrs. Bowles offered the following emergency budget ordinance: (f/32769-121195) AN ORDINANCE to amend and reordsin certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 135.) Mrs. Bowles moved the adoption of Ordinance No. 32769-121195. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Membem McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ............. 7. NAYS: Non= Mm. Bowies offered the following resolution: (#32770-121195) A RESOLUTION authorizing the City Manager to execute Amendment No. I to the Agreement with Roanoke Area Ministries to incmese their budget for its day shelter and homeless prevention activities, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 58, page 136.) Mrs. Bowles moved the adoption of Resolution No. 32770-121195. The motion was seconded by Mr. Edwards and adopted by the following vote: AYES: Council Membem McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers .......... 7. NAYS: Nor._- SEWERS AND STORM DRAINS-FLOOD REDUCTION/CONTROL: The City Manager submitted a written report advising that the current policy relating to property acquisition and environmental audits pertaining thereto was established pursuant to a report dated July 26, 1993; the Roanoke River Flood Reduction project has been mired down by site environmental assessment issues since February 1991; and the Comprehensive Environmental Response, Compensation, and Liability Act imposes liability for the release of a hazardous substance. '1 119 It was further advised that in the flood reduction and sewer proje.cts, the City has potential liabili~ as an owner of land on which there ~s a release or as an operator causing a release; the City attempts to avoid liability as an owner by conducting environmental site assessments to identify environmental risks in property to be acquired, and acquiring easements, rather than a fee simple interest in real property, may allow the City to avoid liability as an owner; and as an operator, the City can incur liability for a release even on property where the City has no ownership. It was explained that the Environmental Protection Agency has evaluated test data obtained by the City's Flood Reduction Project Environmental Consultant, and based on the data, tested 18 sites and clean-up action has been taken on two sites; the U. S. Army Corps of Engineers (COE) has recently confirmed in writing that although the City must obtain the property interest necasss~y for the Flood Reduction Project, the COE will include at project cost (95 per cent Federal, five per cent local) the cost of any special handling needed for non.hazardous waste that is encountered by the COE construction contractor on the River Project; special handing of hazardous waste or special waste relating to the Roanoke River Sewer Interceptor or the Tinker Creek Sewer Interceptor projects will be borne by the City and the other contracting local govemments; and cost of contractor environmental aaseasments, site assessments, site mitigation plans and increasing project costs due to delays in attempting to obtain a sign-off on such assessments and plans will also be borne by the local governments. The City Manager presented status reports with regard to the Roanoke River Flood Reduction Project, the Roanoke River Sewer Interceptor Project, the Tinker Creek Sewer interceptor Project; and advised that policy decisions are needed regarding the following: Should the City insist on continued Phase II B testing for the Flood Reduction Project beyond testing required by the U. S. Army Corps of Engineers since any handling of special waste will be a provision in a contract between the Federal Government and a contractor, with the City being liable for five per cent of costs? Requirements for site assessments and special handling could logically be negotiated between the Federal Government and the State Government rather than between the State Government and Roanoke City. 120 What is the extent of additional environmental testing nesded ~or the Roanoke River Interceptor Project? - Application of the City's policy for easements needed for the Tinker Creek Interceptor Project, which policy would allow the City's Environmental Officer to walk the proposed alignments and make determinations as to what areas to avoid, where to require testing and where not to test. City's willingness to incur a property dght in parcels previously subject to Environmental Protection Agency directed clean-up activities. The City Manager recommended that Council dete,~ine that the three subject projects are so vital to the health, safety and welfare of the citizens of Roanoke that it is willing to take an unquantifiable risk of potential liability by proceeding under the following policy: Staff advise the U. S. Army Corps of Engineers that the City is prepared to take the following action relative to the Flood Reduction Project: Acquire easements in the two properties undergoing clean-up actions by the Environmental Protection Agency. City is ready to begin acquiring property interest -- subject to final approval and funding by Cong.r. ess on any property excepting properties that have been determined to be contaminated by hazardous waste at any time the COE is satisfied with the extent of Phase II B testing, and the Federal Government feels it has any needed guidance regarding special waste from the State governmental agencies. Design the alignment of the Roanoke River Interceptor Project to avoid any known area of hazardous waste, otherwise proceed with due diligence leaving it to the City's Environmental Officer as to what additional testing may be required. '1 121 Apply the City's current policy for .environmental site essessmenta to the Tinker Creek ProJect. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Edwards moved that Council concur in the recommendations of the City Manager. The motion was seconded by Mrs. Bowies and unanimously adopted. BUSES-TAXES-LEGISLATION: The City Manager submitted a written report advising that the Greater Roanoke Transit Company (GRTC), which is owned by the City of Roanoke, has relied upon Federal, State and local subsidy funding to maintain mass transit ope,-a;;ons, which funding has been provided on a discretionary basis in the form of annual operating assistance grants; Federal operating assistance for GRTC was reduced by $190,000.00 for fiscal year 1995- 96; the City has provided the needed additional funding to balance GRTC's fiscal year 1995-96 budget as a result of the loss in Federal operating assistance; the United States Congress has passed legislation which will reduce Federal operating es~istance by an additional $191,000.00 in fiscal year 1996-97; and within two or three years, Federal operating assistance is expected to be completely eliminated. It was further advised that secudng an adequate and dedicated funding source for mass trap. sit service in the Roanoke Valley has been discussed among representatives of the Cities of Roanoke and Salem, Roanoke County and the Greater Roanoke Transit Company, which discussions have focused on establishing a regional transportation die. ct commission and securing the same type of dedicated funding that the State currently provides to the Northem Virginia Transportation District Commission and the Potomac Rappahannock Transportation District Commission; and a proposed Founding Agreement for a transportation district commission was sent to both the City of Salem and the County of Roanoke. It was explained that the City of Salem and the County of Roanoke are considering whether they should join the City of Roanoke in forming a regional transportation district, contingent upon the district benefiting from the same type of tax that is currently dedicated to the Northern Virginia Transportation District Commission and the Potomac Rappahannock Transportation District Commission; and securing an adequate and dedicated funding source for maes transit 122 would provide mass transit services with a dedicated and stable source of funding and would relieve the City of having to provide Greater Roanoke T~nsit Company with subsidy funding. The City Manager recommended that Council pursue Alternative A, as follows, and, if necessary, pursue Alternative B, as follows: Alternative A Step 1. There must be a commitment on the part of the City of Salem and/or the County of Roanoke to join the City of Roanoke in forming a regional transportation district commission. If such a commitment is obtained (ideally, in the form of an agreed upon Founding Agreement), the parties can proceed with Step 2, otherwise, the City of Roanoke should immediately proceed with Alternative B. Step 2. The governing bodies of all of the participating govemmenta must have legis!ation introduced during the next sees;on of the State General Assembly amending Section 58.1-1720, authorizing an additional two per cent tax on the retail price on motor fuel, to include reference to a "Roanoke" regional transportation district. If the legislation is not signed into law, the creation of a regional transportation district would also not take place given the intention of participating governments to form such a district is contingent upon it benefiting from a dedicated tax on the sale of motor fuels, thus, the entire matter would be delayed at least one year; Roanoke City Council would be relegated to Alternative C for the fiscal year beginning July 1, 1996; and only with the legislation being signed into law could the participating governments proceed with Step 3. 123 Step 3. Step 4. Ntemative Step 1. The goveming bodies of all of the participating governments must each adopt an ordinance, which would include the following: (1) setting froth the name of the proposed t]-ansportation district, (2) fixing the boundaries thereof, (3) naming the counties and cities which are in whole or in part to be embraced therein, and (4) contain a finding that the orderly growth and development of the county or city; and the comfort, convenience, and safety of its citizens require an improved transportation system, composed of transit facilities, public highways and other modes of transport, and that joint action through a transportation district by the counties and cities which are to compose the proposed transportation district will facilitate the planning and development of the needed transportation system. Upon the ordinance being certified by the Secretary of the Commonwealth, and upon such certification being read into the minutes of the proceedings of the parl]cipating govemments, the transportation district will come into being. Each participating government must then appoint the commission members to which they are entitled, as previously agreed upon. The "Roanoke Regional Transportation District Commission" may enter into an agreement for the operation of the Greater Roanoke Transit Company (GRTC) or may assume ownsrehip of the GRTC from the City of Roanoke. In either case, the service presently provided by the GRTC will be carried on and improved/expanded. B The City of Roanoke must have legislation introduced during the next session of the State General Assembly amending Section 58.1-1720, Code of Virginia (1950), as 124 ACTION: amended, authorizing an additional two per cent tax on the retail price on motor fuel, to includ.e reference to a "Roanoke" district, if the legislation is not signed into law, the creation of a single jurisdiction transportation district would also not take place given the intention of the City to create such a district is contingent upon it benefiting from a dedicated tax on the sale of motor fuels, thus, the entire matter would be delayed at least one year; Roanoke City Council would be relegated to Alternative C for the fiscal year beginning July 1, 1996; and only with the legislation being signed into law would the City proceed in creating a single jurisdiction transportation district, et which point, the matter would be concluded. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: (f/32771-121195) A RESOLUTION expressing the intent of the City of Roanoke to join with the County of Roanoke and/or the City of Salem to form a multi-member Regional Transportation District Commission or in the alternative to create a single member Transportation District Commission in order to preserve and expand the mass transit system within the district and urging the General Assembly to authorize a sales tax of 2% of the retail price of motor vehicle fuels sold within such Transportation District. (For full text of Resolution, see Resolution Book No. 58, page 137.) Mr. McCadden moved the adoption of Resolution No. 32771- 121195. 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 125 BUDGET.-POLICE DEPAR.TMENT-GRANTS: The City Manager submitted a written report advis, ng that the Help Eliminate Auto Theft (HEAT) Program has offered enforcement grants to agencies that were HEAT participants prior to April 11, 1998; application for the grant was based on the necessity to continue to raise the investigation capabilities of the automobile theft investigators; funds may be used only for the purchase of equipment and training to be used for investigation of automobile theft; and the Roanoke City Police Department has applied for, and has been granted, $1,400.00 in enforcement and training funds from the HEAT Program, which funds have been placed in Revenue Account No. R001-020-1234-0696. The City Manager recommended that Council authorize acceptance of the grant from the Help Eliminate Auto Theft Program; and appropriate $1,400.00 to the following revenue and expenditure accounts: Uniform,, HEAT Program Account No. 0014)50-3t12-2068 $ 136.00 Expendable Equipment HEAT Account No. 001 4)50-3112-2069 $ 1,264.00 State Grant Revenue Account No. 001-020-1234-0696 $ 1,400.00 (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following emergency budget ordinance: (#32772-121195) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 88, page 138.) ACTION: Mr. Edwards moved the adoption of Ordinance No. 32772-121195. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members McCadden, Parrott, INhite, Wyatt, Bowies, Edwards and Mayor Bowers ......... 7. NAYS: Nono 126 REPORTS OF COMMITTEES: COUNCIL-LEGISLATION: Council Member Whita, Co-Ch.a!r of the City's Legislative Committee, p~eented a writt.?n report adv,s,ng that on November 22, 1999, the L.eg,slative Comm~ttes met to review the proposed 1996 Legislative Program for the City of Roanoke; and the Committee approved the Program and recommended that Council adopt a resolution endorsing the Program and commending its contents to the City's delegation to the 1996 Session of the General Assembly. It was explained that the 1996 Legislative Program emphasizes financial and revenue issues for the 1996 Session and recognizes that local govemmenta have funded educational costa beyond their share in an effort to provide quality education and calls upon the General Assembly to provide full funding of the educational Standards of Quality and categorical education mandates; and the Program an~cipates an attack on the Business, Professional and Occupational License Tax at the 1996 Session and provides a vigorous defense of this revenue source that generated $8.9 million for the City of Roanoke in Fiscal Year 1994-1995. It wes noted that the 1996 Program also highlighta the important recommendations of the Urban Partnership which are intended to promote the economic competitiveness of Virginia's regions in the global marketplace; transportation issues, such as Interstates 73 and 66, the Smart Road and extension of passenger reil service, are also emphasized as important to the economic competitiveness of this region; and the proposed Charter amendment will require a public hearing, and subsequent to the public hearing, Council will need to act on a resolution requesting the 1996 Session to enact the proposed Charter amendment, which action will permit introduction of the Charter amendment bill prior to the first day of the 1996 Session as required by State Code. The Legislative Committee also recommended that the City's format be altered for presentation of the Program to area legislators, with the intent to provide for a better organized, shorter and more effective presentation; and proposed that following brief introductory remarks by the Mayor and School Board Chairman, the City Attorney and a School Administrator will present the highlighta of the Program on behalf of the Council and the School Board, following which, the 127 ACTION: format would provide for a response from legislators and an opportunity for comment by individual Council Members and School Board members; and the annual meeting with the City's legislators has been scheduled for 12:30 p.m. on December 18, 1995. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#32773-121195) A RESOLUTION adopting and endorsing a Legisla~dve Program for the City to be presented to the City's delegation to the t996 Session of the General Assembly. (For full text of Resolution, see Resolution Book No. 58, page 139,) Mr. White moved the adoption of Resolution No. 32773-121195. The motion was seconded by Mr. Edwards. Ms. Wyatt spoke against that portion of the Legislative Program on Page 13, EmDIovee Grievance Procedures, which singles out one group of public employees, thereby denying that group a process that every other public employee is entitled to receive. In good conscience, she stated that she could not vote for such a discriminatory practice. Vice-Mayor Edwards advised that the item was submitted by the Roanoke City School Board for inclusion in the City's 1996 Legislative Program; however, he stated that he concurs with Ms. Wyatt that school teachers should be given the same grievance rights as State and City employees with the dght of binding arbitration in regard to grievances; therefore, the item should not be included as a part of the City's Legislative Program. Ms. Wyatt offered an amendment to the motion to delete Em;)lovee Grievance Procedures. Page 13, of the 1996 Legislative Program, The motion was seconded by Mr. Edwards. Mr. White advised that the item was submitted by the Roanoke City School Board which is the policy making body for school related issues, and spoke in support of the majority of Council agreeing to leave Employee Grievance Procedures. Page 13, in the Legislative Program as submitted by the School Board. ACTION: The amendment to .the motion was lost by the following vote: AYES: Counc,I Members Wyatt, Edwards and Mayor NAYS: Bowles Council Members McCadden, Parrott, White and Resolution No. 32773-121195 was adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Bowles, Edwards and Mayor Bowers ...... ~ ........................ -6. NAYS: Council Member Wyatt 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: CITY CODE-COUNCIL: Mrs. Bowles offered the following emergency ordinance amending the City Code to provide that Council nmefings will be held on the first and third Mondays of each month, viz: the first Monday at 12:30 p.m., and the third Monday at 12:30 p.m. and 7:00 p.m., respectively, effective January 1, 1996. (#32774-121195) AN ORDINANCE amending and reordaining Rule 1, ~GUJB[J~/~ of §2-15, Rule~G.~PZ~EP3;[~, of the Code of the City of Roanoke (1979), as amended, to provide for a new schedule of regular meetings of City Council, effective January 1, 1996; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 140.) Mrs. Bowies moved the adopUon of Ordinance No. 32774-121195. The motion was seconded by Mr. White and lost by the following vote inasmuch as five affirmative votes are required for an Ordinance to pass as an emergency: 129 AYES: Council Members Parrott, I Mayor Bowers NAYS: Council Member McCadden ... White, Bowles, and 4. (Vice-Mayor Edwards and Council Member Wyatt abstained from voting.) Mr. McCaddon expressed concern about the number of times that the City Council meeting dates have been changed during the past three and one-half years. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., also expressed concern and advised that it is confusing to those citizens who try to stay abreast of Council's meeting schedule. To enable the ordinance to pass as an emergency, Vice-Mayor Edwards requested that he be permitted to change his vote; whereupon, Ordinance No. 32774-121195 was adopted by the following vote: AYES: Council Members Parrott, White, Bowles, Edwards and Mayor Bowers ..................... --. ...... 5. NAYS: Council Member McCadden ........................... 1. (Council Member Wyatt abstained from voting.) ACTION: COUNCIL-CITY GOVERNMENT-NEWSPAPERS-CABLE TELEVISION: Without objection by Council, the Mayor advised that the matter of providing greater access to info..ation by citizens of the City of Roanoke via televising City Council meetings on the public access channel, E-mail, computerization of City Council agendas, and publishing an information page in the local newspapers will be referred to the City Manager for report to Council within 60 days. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 5:50 p.m., the Mayor declared the meeting in recess until 7:00 p.m. At 7:00 p.m., on Monday, December 11, 1995, the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and the following Members of Council in attendance: 130 PRESENT: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers---- - - .............. 7. ABSENT: None J OFFICERS PRESENT: W. Robert Herbert, City Manager; ..a. mes D. Ritchie, Sr., Assistant City Manaaer: Wilbum C n;hn,,,~ mr C!ty A~,tt_o~rney; James D. Grtsso, Director of F~na'nce; and M~r~'~:'~c"~;: City Ch,, ~. · The reconvened meeting was opened with a preyer by Mayor Bowers. Am ' The Pledge of Allegiance to the Flag of the United States of enca was led by Mayor Bowers. .Z. ONING: Pursua.n.t to Resolutio.n. No. 25523 adopted by the Cou.nc,I on. Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, December 11, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Frontier .A?s.o.c_iate, Ltd., that a tract of land located on Plantation Road, N. E., i~d_enUfied .Official_T Nos. 104, and 3300108-3300111, inclusive, ~ rezoneo trom g-l, Office D,stnct, to RM-2, Residential Multi-Family D,strict, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Saturday, November 25, 1995, and Friday, December 1, 1995. (See publisher's affidavit on file in the City Clerk's Office.) A r_ep. ort of the City Planning Commission advising that the purpose of the request for rezoning is to make existing res!dential use of the property consistent with the zoning; the property is currently developed as Frontier Apartments; C-1 zoning permits multi-famil dwellings as a special exception use. and r-----;-- -'- ~--- . Y. for financial investment purposes, t~es be~o~'~"o"u'n:,,[],eing requestea The Planni. n.g Commission recommended approval of the request for rezoning, advising that the property is currently developed as multi- family apartmen.ts; the re.quested rezo.ning will assist owners of the property in ascunng flnanc, ng to maintain the property as apartments; 131 i and the change in zoning will complement the existing residential cha.ra, cte.r of th.e neighborhood and the adjacent RS~-~2, Single Family Rasident,al zon,ng. (For full text, see report on file in the City Clerk's Off,ce.) Alton B. Prillaman, Attorney, appeared before Council in support of the request of his client. ACTION: Mr. Parrott moved that the following ordinance be placed upon its first reading: (#32775) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 330, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 58, page 147.) 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 for rezoning. There being none, .Ordinance No. 32775 was adopted, on its first reading, by the follovang vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers .......... 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, December 11, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Kenneth L. and Micheile R. Taylor that a tract of land containing approximately 0.5 acres located at 4541 Shenandoah Avenue, N. W., identified as Official Tax No. 6040315, be rezoned from C-2, General Commercial District, to RS-2, Residential Single-Family District, subject to certain conditions proffered by the petitioners, the matter was before the body. 132 ACTION: Legal advertisement of the public hearing was published in The Roanoke Times on Saturday, November 25, 1996, and Friday, December 1, 1995. (See publisher's affidavit on file in the City Clerk"e Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to make the existing residential use of the property consistent with the appropriate zoning classification; the property was subdivided in 1994 to separate the residential and commercial uses on the original tract, and a change in zoning was not pursued at that time; the petitioners have the property for sale as residential and desire to rezone the property in order to make the use conforming and to secure financing for a prospective buyer;, and the property is adjacent to other residential uses which are separated topographically from the commercial development on Shenandoah Avenue, was before Council. The Planning Commission recommended approval of the request for rezoning, advising that the subject property is currently in use as a residence and is surrounded by residential properties which are elevated above the commercial corridor on Shenandoah Avenue. (For full text, see report on file in the City Clerk's Office.) Ginger Murphy, Agent, appeared before Council in support of the request for rezoning. Mr. Edwards moved that the following ordinance be placed upon its first reading: (#32776) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 604, 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. 58, page 149.) The motion was seconded by Mrs. Bowles. The Mayor inquired if there were persons present who would like to add_r~. Council with regard to the request fo.r rezoning. There being none, .Ordinance No. 32776 was adopted, on Its first reading, by the follow, ng vote: 133 i AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ---? 7. NAYS: None .... -0. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, Decmnber 11, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Friendship Manor Retirement Community, Inc., to rezone property located between 1-581 and Franklin Road, S. W., more specifically described as follows: Official Tax No. 1290105, located on Franklin Road, S. W., zoned RM-2, Residential Multi-family, Medium Density District; Official Tax No. 1290131, located at 3202 Roberts Road, S. W., zone RM-2, Residential Multi-family, Medium Density District; Official Tax No. 5500112, located on Roberts Road, S. W., zoned RM-2, Residential Multi-family, Medium Density District and C-2, General Commercial District; and Official Tax No. 5500111, located on Roberts Road, S. W., zoned RM-2, Residential Multi-family, Medium Density District, be rezoned to RPUD, Residential Planned Unit Development District; and that Official Tax No. 1290107, located at 3215 Franklin Road, S. W., zoned RM-2, Residential Multi. family, Medium Density District and a portion of Official T. ax .N.o. I 1.290108, Roberts Road, S.W., RS-3, Iocate.d o.n zon.ed Res,dent, a.I Single Family District, be rezoned to RPUD, Residential Planned Un,t Development District and C-2, General Commercial District, such rezoning to be 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 on Saturday, November 25, 1995, and Friday, December 1, 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 is to permit the construction of a planned, upscale residential community consisting of single family, detached homes, townhousss and condominiums and for the purpose of establishing a community center, general offices, fitness center, medical clinic and group care facility; the petitioner proposes to develop the proposed residential community in several phases based on market demand; the first phase of development is anticipated to include the public access street and the constn~cldon of 26 single family I detached homes and eight townhouses, with anticipated costs for the 134 homes projected to be between $150,000.00 and $300,000.00 each; and at completion, it is projected that the 60.53 acrs rssidential development will include 79 single family homes, 41 townhouses and 96 condominium units, for a total of 216 housing units, was before Council. ACTION: The Planning Contrrdesion ~nded approval of the request for rezoning, advising that the proposed rssidential development is consistent with the rssidential development objectives contained in Roanoke Vision, the City's comprshensive plan, as well as Council's desirs to encourage additional middle and upper income housing within the City. (For full text, see report on file in the City Clerk's Office.) Steven S. Laughlin, rsprssonting Charles R. Holcomb, Jr., appearsd befors Council in support of the rsquest for rezoning. Mr. Parrott moved that the following ordinance be placed upon its first reading: (#32777) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 129 and $$0, Sectional 1976 Zone Map, City of Roanoke, to rszone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 58, page 150.) The motion was seconded by Mr. Wttite. The Mayor inquired if thers wers pe~ons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 32777 was adopted, on its first rsading, by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers. - .......... 7. NAYS: None TAXES-LEGISLATION-SPECIAL PERMITS: The City Clerk having advertised a public hearing for Monday, December 11, 1995, at 7:00 p.m., ~ as soon the .re. after as the matter may be heard, on the rsquest of Habitat for Humandy in the Roanoke Valley, Inc., a Virginia non-stock 135 corpo.m..tion, not-for-profit organization, for adoption of a measure by I Councd ,n support of tax-exempt status on real located at 1701 property Cleveland Avenue, S. W., the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, December 3, 1995. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report advising that Habitat for Humanity in the Roanoke, Valley, Inc., has been offered a gift of certain real property located at 1701 Cleveland Avenue, S. W., identified as Official Tax No. 1320804, which property has a real estate assessed value of $177,500.00 and a real estate tax assessment of $2,183.24; whereupon, the City Manager recommended that Council grant the request of the petitioner. (For full text, see report on file in the City Clerk's Office.) David A. Camper, President, Habitat for Humanity in the Roanoke Valley, Inc., appeared before Council in support of the request for tax exempt status. I Mrs. Bowies offered the following resolution: (#32778-121195) A RESOLUTION supporting tax exemption of property in the City of Roanoke owned by Habitat for Humanity in the Roanoke Valley, Inc., and used by it exclusively for charitable or benevolent purposes on a non-profit basis. (For full text of Resolution, see Resolution Book No. 58, page 142.) ACTION: Mrs. Bowles moved the adoption of Resolution No. 32778-121195. 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 for tax exempt status. There being none, Resolution No. 32778-121195 was adopted by the following vote: AYES: Council Members McCadden, Parrott' White, Wyatt, Bowies, Edwards and Mayor Bowers ............. 7. NAYS: Nor:.c 136 Mr. White requested that the City Man.ager report to Council with regard to the number of tax .exempt properties located within the City of Roa.noke, the prop~, r mix, and .when the matter of tax exempt properties should receive further rev,ew by the Council. .TA~.ES-LEGISLATION-SPECiAL PERMITS: The City Clerk having advertised a public hearing for Monday, December 11, 1995, at 7:00 p.m.,.or as soon thereafter as the matter may be heard, .on. the request of Cnsis Pregnancy Center of Roanoke Valley, Inc., a Virg,n,a non-stock corporation, not-for-profit organization, for adoption of a measure by ...C~...ncil in support of tax-exempt status on real property located at 5034 w,,,,amson Roanoke, N. W., the matter was before the body. · ,__ .Leg_M. adverl~s~_ me.nt of_the public hearing was published in The RoanoKe limes on ~iunaay, December 3, 1995. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report advising that Crisis Pregnancy Center of Roanoke Va!ley, Inc., operates for charitable and benevolent purposes in .r~spondmg t.o the need~ of women and t.h. eir loved ones regardin, g. crisis Pregnancies, sexuality and post-abortion i.s. su. as.; and the Crisis Pregnancy Center of Roanoke Valley, Inc., a V, rgmm non-stock, not-for-profit corporation, is the owner of certain real property located at 5034 Williamson Roa,~ ~u ,-. ...... -, ... vv., Iuen[iTleQ as Official Tax Nos. 2190519, 2190518 and 2190520, which property has a real estate assessed value for 1995-96 of $245,800.00 and a real e_s_tate tax .as~...sss. m_ent o.f. $3,144.32; whereupon, the..C, ity Manager recommenoeo ma~ ~;ounc,, grant the request of the pet,t, oner. (For full text, see report on file in the City Clerk's Office.) Can-- R.uth_ Field~. r, .P. resident and Executive Director, Crisis Pregnancy mr o; RoanoKe valley, Inc., appeared before Council in support of the request for tax exempt status. Mr. Parrott offered the following resolution: (#3.2779-121195) A RESOLUTION supporting tax exemption of property in the City of Roanoke owned by Cris!s Pregnancy .C. enter of Roanoke Valley, Inc., and used by it exclusively for chantable or benevolent purposes on a non-profit basis. (For full text of Resolution, see Resolution Book No. 58, page 144.) 137 i ACTION: Mr,. Pa,,uit moved the adoption of Resolution No. 32779-121195. The mot, on was seconded by Mr. McCadden. The Mayor inquired if them were persons present who would like to address Council with regard to the request for tax exempt status. There being none, Resolution No. 32779-121198 was adopted by the following vote: AYES: Council Members McCadden, Parrott, INhite, Wyatt, Bowles, Edwards and Mayor Bowers ........... 7. NAYS: None CITY CHARTER-LEGISLATION-FIREARMS: The City Clerk having advertised a public hearing for Monday, December 11, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to a request of the City to amend the Roanoke City Charter of 1952, as amended, in order to regulate or prohibit the carrying of handguns in City parks, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, December 1, 1995. (See publisher's affidavit on file in the City Clerk's Office.) Ms. 1Hyatt offered the following resolution: (f/32780-121195) A RESOLUTION requesldng the 1996 Session of the General Assembly of Virginia to enact a certain amendment to the Roanoke Charter of 1982, as amended. (For full text of Resolution, see Resolution Book No. 58, page 146.) ACTION: Ms. Wyatt moved the adoption of Resolution No. 32780-121195. The motion was seconded by Mr. McCedden. The Mayor inquired if there were persons present who would like to address Council with regard to the proposed Charter amendmenL There being none, Resolution No. 32780-121195 was adopted by the following vote: 138 ACTION: ACTION: AYES: Council Members McCadden, Parrott, White, Wya~ Bowies, Edwards and Mayor Bowers- - 7. NAYS: None COMMITTEES-COUNCIL-HOUSING~AUTHORiTY: In view of the new City Council meeting schedule (the first Monday at 12:30 p.m., and the third Monday at 12:30 p.m., and 7:00 p.m., respectively, of each month), Council Member Wyatt submitted her resignation as Council's liaison to the City of Roanoke Redeveloprnent and Housing Authority; whereupon, without objection by Council, the Mayor advised that Ms. Wyatt's resignation would be accepted. At 7:30 p.m., the Mayor declared the meeting in recess. At 8:15 p.m., the m~...~ng reconvened in the Council Cham..be.r, with Mayor Bowers pres;d,ng, and all Members of the Counc,I ,n 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 rnotion 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 McCadden, Parrott, White, Bowles, Edwards and mayor Bowers .................................... -6. NAYS: None (Council Member Wyatt was out of the Council Chamber.) 139 i Them being no further business, the Mayor declared the meeting adjourned at 8:17 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 140 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL December 18, 1996 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, December 18, 1996, at 3:00 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Re ular Meetin s of Section 2-16, ~ Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Delvis O. McCadden, John H. Parrott, William White, Sr., Unda F. Wyatt, Elizabeth T. Bowies, John S. Edwards 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 Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend Ethel Eaves, Associate Pastor, Pilgrim Baptist Church. 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 Honorable John S. Edwards, Vice-Mayor of the City of Roanoke, who was, on November 7, 1995, elected to the Senate of Virginia and will be terminating his service on Council in the near future: (#32781-121895) A RESOLUTION recognizing and commending the Honorable John S. Edwards, Vice-Mayor of the City of Roanoke. (For full text d Resolution, see Resolution Book No. 58, page 151.) ACTION: Mr. White moved the adoption of Resolution No. 32781-121896. The motion was seconded by Ms. Wyatt and adopted by the following vote: 141 ACTION: AYES: Council Members McCaddan, Parrott, White, Wyatt, Bowles and Mayor Bowers ..... 6. NAYS: None -----0. (Vice-Mayor Edwards abstained from voting.) Vice-Mayor Edwards advised that he would resign from his position as a member of Council and Vice-Mayor, effective December 31, 1995, in preparation for being swom in as a member of the Virginia Senate at the beginning of the 1996 Session of the Virginia General Assembly which convenes on January 10, 1996. 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. INSURANCE-CITY INFORMATION SYSTEMS-EQUIPMENT: A report of the City Manager advising that on December 14, 1994, Council approved the purchase of a Risk Management Information System, and requested that a report detailing use of the system for the first six months be presented to Council in June 1995, was before the body. The City Manager pointed out that meetings with the software vendor commenced in January 1995, to begin configuration; however, since installation and training of personnel did not occur until the last week of August 1996, a report detailing use of the system after the first six months of use will be presented to Council in March 1996. (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 by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ............. 7. NAYS: None .----0. 142 ACTION: HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: LEGISLATION-CITY GOVERNMENT-PARTNERSHIP FOR URBAN VIRGINIA: A communication f~om Mayor David A. Bowers reporting on the successful culmination of two years of work on behalf of the Urban Partnership of Virginia, of which the City has been an active participant; transmitting a brochure outlining the recommendations and legislative proposals of the Urban Partnership to be presented at Itm January 1996 Session of the General Assembly, which proposals have been approved by the Urban Partnership Board of Directors and by the General Business Session of the Virginia Municipal League; and noting that the proposals did not receive approval by the Virginia Association of Counties; however, further discussion with Virginia counties is ongoing, was before Council. (For full text, see communication and brochure on file in the City Clerk's Office.) M.r. Parrott moved that the communication be received and filed. The motion was seconded by Mr. McCaclden and unanimously adopted. CITY CODE-TAXES-COMMISSIONER OF REVENUE-LICENSES: A communication from Gordon E. Peters, City Treasurer, advising that pursuant to Ordinance No. 32728-112795, adopted on November 27, 1996, Council amended the Code of the City of Roanoke (1979), as amended, to provide that 1996 and future business license taxes are due on or before March 1; the City of Roanoke has upgraded the current business license system with payments being mailed directly to the Treasurer, effective March 1, 1996, was before Council. It was further advised thatthe Business License System requires renewal payments to be mailed directly to the City Treasurer on or before March 1; Section 19-20(f) of the City Code provides for interest at the maximum annual rate authorized by Section 58.1-3916, Code of Virginia (1950), as amended; interest is eamed on unpaid taxes and penalty remaining unpaid from the first day following the day such taxes are due and continues until paid; and personal property taxes do not begin earning interest until the first day of the month following the month in which personal property taxes are due. 143 The City Treasurer recommended that Council adopt an ordinance amending Section 19-20(f) of the Code oftbe City of Roanoke (1979), as antended, to provide for interest commencing on the first day of the month following the month in which business license tax is due until paid at the maximum amount authorized by State Code. A report of the Director of Finance concurring in the City Treasurer's recommendation which will provide a unifo,,ll method to accrue interest on unpaid business license tax, personal property and accounts receivable, was also before the Council. (For full text, see communication and report on file in the City Clerk's Office.) ACTION: Mr. Edwards moved that the following ordinance be placed upon its first reading: (~32782) AN ORDINANCE amending and roordelning subsection (f) of §19-20, When tax oavable: installment payment: oenaltv for late I~a_vment; report and collection of delinquencias, of Article I, In General. of Chapter 19, License Tax Code. of the Code of the City of Roanoke (1979), as amended, to provide for interest to commence on the first I day of the month fol. lowin .g. the month in whic.h b. usiness license .taxes are due and continu,ng until said taxes are pa,d ,n full at the maximum amount authorized by the State Code. (For full text of Ordinance, see Ordinance Book No. 58, page 191.) The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers ......................................... -6. NAYS: Council Member McCadden BUDGET-CMERP-SCHOOLS-EQUIPMENT: A communication from the Roanoke City School Board requesting appropriation of $268,077.00 from the 1995-96 Capital Maintenance and Equipment Replacement fund, which will be used for the purchase of elementary playground equipment, instructional and administrative computers, transportation scheduling equipment, and facility maintenance equipment, to upgrade electrical service to Lincoln Terrace Elementary School, and alteration of school facilities, was before Council. 144 ACTION: The School Board further requested the appropriation and . ~ transfer of funds to th.e Special Education Tuition account for the Regional Special Education Program, which funds will be used to meet State mandated placente~i;~ within the Regional Program, with one-half of the funds mandated to be provided by an increase of $125,000.00 in State Special Education revenues and remaining funding will be provided from local funds. The School Board also requested an appropriation of $15,500.00 for the Project Success Program to utilize contributions to establish a joint venture between Roanoke City Schools, area colleges and businesses, which Program is designed to encourage .college preparation of eighth grade students who show academic prom,se, but would be unlikely to consider advanced studies without intervention; and the additional appropriation request represents contributions received from the private sector to support the initiative. A report of the Director of Finance concurring in the requests of the School Board, advising that this will be the ;;,;'~;, appropriation of the School Board's fiscal year 1995 Capital Maintenance and Equipment Replacement Program funding of $2,394,036.00, leaving an unappropriated balance of $632,574.00. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Edwards offered the following emergency budget ordinance: (#32783.121895) AN ORDINANCE to amend and reordain certain sections of the 1995-96 School and General Fund Appropriations, and providing for an emergency. (For fuji text of Ordinance, see Ordinance Book No. 58, page 153.) Mr. Edwards moved the adoption of Ordinance No. 32783-121895. 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 145 REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: PARKS AND RECREATION-ARMORY/STADIUM-CONSULTANTS REPORTS: The Director of Public Works advised that funds were included in the 1994 Capital Improvement Program for a study of Victory Stadium, which study was later expanded to include other recreational needs such as an in~kx~r field house, and Council selected the firm of Hesry International, Inc., and Hammer, Slier and George Associates, recreational and sports facilities planning consultants to study the matter. He s~ed that the consultants met with more than 50 individuals and organizations locally and regionally to obtain information on the needs and desires of those who use and could use an improved Victory Stadium and/or recreational facilities, which is envisioned to be two distinctly different facilities, one existing and one potential, that would serve different interests in the Roanoke Valley community. He further stated that the consultants found a broad range of interests, with a multitude of alternatives which could be developed around the expressions of need and desire for recreational I opportunities to. compliment a wide variety o..f programs and facilities that currently ex]st. He explained that Counc,I was not being asked to make a decision today, but to hear a broad range of alternatives that could be developed further by the consultants, and Council will be requested in January 1996 to provide guidance as to which alternatives they would like for the consultants to pursue, which will enable the consultants to develop more precise data including capital and operating cost estimates for those altemativas most likely to meet the needs and desires of the community. (See discussion tables on file in the City Clerk's Off~ce.) Following the presentation of alternatives by representatives of Heery International, Inc., and Hammer, Slier and George Associate, the City Manager advised that a forum will be available for Council to provide direction on which alternatives should be pursued, and during the month of January 1996, the time and process will be presented to Council in order to provide staff with more specific direction. ACTION: Following questions, and without objection by Council, the Mayor advised that the briefing would be received and filed. 46 ACTION: ITEMS RECOMMENDED F,.OR ACTION: . =~,;~r~ that the RoanoKe Keg~onal Airpom .~m~.,~,.~,, '-':-"'° -- -~- -,-,- *~--* ~ e Commission ;s requ,ma to suom,.~. ,~. a change In --,u ua,= -,-- ;h ..... annual operating and capttal budgets to me panl=,plu-. ~,--.. subdivisions from February 15 to March 16, which will enable the Commission to use six months of actual fi .n..a, ncial data to prep.are the b .u~l. get for the next fi.s. cal year and would still allow, sufficient t~me for adjustments to the Ctty budget, should the need arise. The City Manager recommended that Council concur in the request and adopt the appropriate measure. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following resolution: (#32784-121895) A RESOLU.TIO. N concurring in a request of the Roanoke. Regional .Airport Com..m?ss~on to change the date that the Commisston is requtrad to subnat ~ta annual budget for approval by the participating political subdivisi .ohs, and authorizing the proper officials to take appropriate actions to ~mplement such change. {For full text of Resolution, see Resolution Book No. 58, page Mrs. Bowles moved the adoptio? of Resolution .No..327.84~-. 7189th5~ The motion was seconded by Mr[ McCadden ano aoopteo Dy m following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers NAYS: None ......... -0. INSURANCE-CITY EMPLOY..E. ES-CONSULTANT.S. REPORTS- PENSIONS: The City Manager submttted a .written re.port m connecti.o.n with a long term disability insurance provider, adv;sing that the C~ty .., = .,..,u= nrnvidss dissbilitV coverage to employees through the City ~ ~a~k"; ~e'~l~i~n Plan and'the Virginia Retirement .S. ystem (Sheriff's Department employees), which coverage is o.nly ava,lable should the employee become totally and pe,,-~nanfly d~sable, d; while covera, ge provides an important benefit to City.employees, ,t may not prowde sufficient financial protection nor does it assume that an employee may 147 return to work; according to .ti?. Society of Actuaries, the chances, of I suffering a long term disablhty are almost twice of dying prematurely; and more than one out of seven workers wdl have a long term disability before age 65, which number increases to one in five between ages 36 and 65, with the average age of current City employees at 41. It was further advised that the City's insurance broker for the project, John and Higgins, mailed proposals to 15 companies and six responses were received, with three firms having been interviewed by the long term disability insurance evaluation team and three staff members from Personnel Management; and the committee unanimously determined that Cigna Group insurance Company is the most qualified company. The City Manager recommended that Council approve award of a contract for the City's long term disability coverage to Cigna Group Insurance Company, for a pedod of two years commencing February 1, 1996, and ending January 31, 1998, with the City's contribution to be 50 per cent of the premium rate, advising that employees will receive up to 60 per cent of monthly pay, with a maximum of $5,000.00; and the City .w~.ll contribute one-half of the cost for long term disability coverage I prov,ded, that 45 per cent of employees enroll, with the City's contribution estimated to be $27,000.00 for the balance of fiscal year 1995-96, and employee monthly rates for coverage ara as follows: Employee annual salary x .0025 = annual cost to employee Annual cost + 26 pay periods = employee cost per pay period Average Employee = $27,500.00 x .0025 = $68.75 Cost per pay period = $68.75 + 26 = $2.65 (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: (#32785-121895) A RESOLUTION authorizing the execution of · contract and related documents with Cigna Group Insurance Company to provide long term disability insurance for employees of the City. (For full text of Resolution, see Resolution Book No. 68, page 157.) ACTION: Mr. McCadden moved the adoption of Resolution No. 32785- 121896. The motion was seconded by Mr. White and adopted by the following vote: 148 Bowles,AYES:EdwardsC°Unciland MayorMemberSBowerSMcCadden' Parrott, .Wh._.it.e_,...W~_..a~,.. - 7. ii NAYS: Nono ....... -0. Ms. Wyatt requested that the City Manager study the feasibility of developing a sick leave bank to supplement the City's sick leave policy. ZONING-SPECIAL PERMITS-STREETS AND ALLEYS: The City Manager submitted a written report advising that Ordinance No. 16380, adopted by Council on April 19, 1965, established certain building line setbacks along Colonial Avenue, S. W., which were thereby provided and established to regulate and require that, "ali buildings hereinafter erected on any of the real estate abutting on Colonial Avenue, S. W., f~om Brandon Avenue, S. W., to Overland Road, S. W., shall be erected in relation to the building setback lines established by the provisions of this ordinance"; construction or alteration of buildings were thereby and thereafter prohibited within any part of this setback area as measured at 60 feet from the centerlins of the current and existing Colonial Avenue, with the intent of the ordinance to provide for the future widening of the Colonial Avenue right-of-way to 120 feet. It was further advised that the Roanoke Valley Area Transoortation Plan (1990-2015} subsequently established a lesser right-of-way width of 90 feet for the future widening of this section of Colonial Avenue, S. W.; rights.of-way established by the official plan were measured at 45 feet from the center line of the current and existing Colonial Avenue; and the Zoning Ordinance, under provisions of Section 36.1-404 of the Code of the City of Roanoke (1979), as amended, (setback lines from major arterial highways) regulates and prohibits construc~don or alteration of buildings or structures within or adjacent to any rights-of-way established by the Roanoke Valley Area Transoortation Plan (t990-2015t. unless such buildings or structures ara set back at least 25 feet from said rights-of-way. It was explained that the residence existing at 1006 Colonial Avenue, S. W., which was constructed in 1953, is located, in part, within the setback areas established by Ordinance No. 16380 and the Roanoke Valley Area TransDortstion Plan (1990-2015}; and the abovedescribed building is located approximately 11.6 feet from the current and existing right-of-way of Colonial Avenue, S. W., with rear porch and concrete appurtenances located within six feet of said existing right-of-way. 149 The City Manager stated that the owner of the residence .a. nd I property located at 1.07 Colonial Avenue, S. W., h.as recently appl,ed for and obtained a variance from the Board of Zon,ng Appeals for the building's encroachment into the front yard setback (15 feet) as required by Section 38.1-402(b) of the Zoning Ordinance; however, the variance did not address the building's encroachment (nonconforming status) into the minimum building line setbacks established by Ordinance No. 16380, or the Roanoke Valley Area Transoortation Plan (1990-2015~. as regulated by Section 36.1-404 of the Zoning Ordinance. It was advised that the property owner has submitted a request for the City to amend Ordinance No. 16380 to reduce the building line setback as established ;,urn 60 fe~ as measured from the centeriine of Colonial Avenue to 45 feet; location of the building line setbacks established by Ordinance No. 16380 and the Roanoke Valley Area Transportation Plan (1990-2015t encumbers this residential structure to the extent that it could not be rebuilt or relocated on the lot in any manner that would accommodate its existing dimensions or living area; and amendment of Ordinance No. 16380, if adopted, would reduce the limits of the building line setbacks from 60 feet from the centeriine of Colonial Avenue, S. W., to 45 feet; and the owner will need to reapply to the Board of Zoning Appeals for an additional variance from the I building lin.e, setback requirements imposed by Section 36.1-404 of the Zoning Ordinance. The City Manager recommended that Council approve the request of Ray Foutz to amend Ordinance No. 16380 to reduce the established limits of the building line setback from 60 feet from the centeriine of Colonial Avenue, S. W., to 45 feet from the centeriine of Colonial Avenue, S. W., as the same lies and extends between Overland and Clasrfield Roads, S. W. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Edwards moved that the following ordinance be placed upon its first reading: (#32786) AN ORDINANCE amending Ordinance No. 16380, adopted Apdl 19, 1965, establishing building setback lines on both sides of Colonial Avenue, S. W., from Brandon Avenue, S. W., to Overland Road, S. W. (For full text of Ordinance, see Ordinance Book No. 58, page 192.) 150 The motion was seconded by Mr. Parrott and adopted by the i~ following vote: ACTION: AYES: Council Members McCadden, Parrott, Wl~ite, Wy.a~, Bowles, Edwards and Mayor Bowers- NAYS: None E DEPARTMENT-EMERG..E. NCY ..M. EDICAL SE.R. VICES' FIR . · --*-.---. .... ~ reMrt advising that · Mane r summ~mu -,-,,,,-n r- EQUIPMENT. The City ge ment Pro rem has the Capital Maintenance and Equipment .Replace . . g ._ · the need to replace one fire I~.mpmg engine, wnersupon,.t, ne identified _ _=_., ..~, r.~.,ncd acceot the lowest respons,ble City Manager recomn , , ."_'_'_':2'.. fnr otal cost of $260,50S.00; bid submitted by KME I=;rs ~ppm=~u-, --- and reject all other bids received by the City. {For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: (ft32787-121895) A RE.SOLUTION accepting the bid of Kovatch le E ui ment Corporetion for the purc.h..ase of one ne..w fire Mobi. q P. ..... ..,=in tA and cond,t, ons; and reject, ng all pumping engine, Ul~- ~. ....... rms other bids made for such item· (For full text of Resolution, see Resolution Book No. 58, page k _ - :: ...... ,,,~ the adoration of Resolution No. 3278.7- r. Mc~a.~.[]Vll lily.gu r 121895. The motion was seconded by Mr. parrott and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, _W~ya.~ Bowles, Edwards and MayOr Bowers- NAYS: None BUDGET-HEALTH DEPARTMENT: The City Manager submitted a .wri. 'ttan report advising that the He.a. lth Laws of Virginia, Chapter 1, Pare re h 32.1-31, "Operetion of local health depa .r.tments uAnrt(~:trec~5~trect ~';~t~ Board; district health departments." states, ,n part: 151 "A governing body of a city may enter into a contract with the Board for the op~;a~;on 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 eervi, ce.s required by law and shall contain other prov,slons as the Board and the goveming body may agree upon." It was further advised 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; a contract is necessary between the Commonwealth of Virginia and the City of Roanoke for proper billing to localities for health and environmental services; the local required match amount of $1,057,780.00, or 40.36 per cent of the total cooperative budget, was included in the fiscal year 1995-96 Resource Allocation Plan adopted by Council on May 8, 1995, which amount has already been allocated to the Roanoke City Health Depa,~,,~nt, but additional State match monies ara now available; and Council is requested to allocate $17,327.00, for a total of $1,075,107.00 for the Roanoke City Health Department. The City Manager recommended that he, or his designee, be i authorized to execute a. contract and addenda, in a form to be approved by the City Attomey, wtth the State Health Department as provid...e.d for in the Health Laws of Virginia and transfer $17,327.00 in add,tlonal funds from Contingency Account No. 001-002-9410-2199 to Health Department Account No. 0014)54-5110-3700. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (~/32788-121895) AN ORDINANCE to amend and raordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 158.) ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32788-121895. The motion was seconded by Mr. Edwards and adopted by the following vote: 152 ACTION: AYES: Council Members McCadden, Parrott, INhite, Wyatt, Bowles, Edwards and Mayor Bowers ....... 7. NAYS: Nono .... -0. Mrs. Bowles offered the following resolution: (#32789-121895) A RESOLUTION authorizing the City Manager, or his designee, to enter into a contract and any necessary addenda with the Virginia Department of Health relating to the operation of the local Health Department, upon certain te,,,~s and conditions. (For full text of Resolution, see Resolution Book No. 58, page 159.) Mr~ Bowles moved the adoption of Resolution No. 32789-121895. 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 BUDGET-CITY CODE-HUMAN DEVELOPMENT-COMMITTEES- CULTURAL SERVICES COMMITTEE: The City Manager submitted a written report advising that the Citizens Services Committee (originally known as the Human Resources Committee) was created by Council on July 6, 1976, pursuant to Ordinance No. 23073; comprised of seven members, the Committee reviews applicant information from approximately 33 non-profit human service and cultural units or agencies and makes funding recommendations to Council based on funding allocated to the Committee; certain cultural organizations and human service agencies are funded as separate line items in the annual operating budget; and during fiscal year 199596 budget study, Council directed the City Manager to establish a separate committee for the purpose of allocating cultural funds, which change will allow funding to be allocated to cultural and human service agencies in a consistent manner and provide for similar accountability of public dollars and performance monitoring of services. 153 It wes further advised that the City Manager convened a committee to review and develop a proposal for adoption by Council retonnatting the Citizens Services Committee into two committees, viz: human sen,ice agencies and cultural agencies; and recommendations for policies and procedures for the Human Sewicsa Committee and the Cultural Services Committee are as follows: Appointment of one member from the existing Citizens Sewices Committee to be a liaison to the Cultural Services Committee for a one year period and changing the name of the existing Citizens Services Committee to the Human Services Committee. Appointment of seven citizens to serve on the Cultural Services Committee. At least one of the appoin~,i-.~nts will be a member of the City's management staff in order to provide administrative support to the Committee. City Council require non-City department/non-profit agencies requesting general revenue funding to: I complete a Citizens Services Committee application, participate in perfoi,,,ance monitoring activities of the Citizens Services Committee, provide annual audit of program or agency, and comply with requirements of budget committee, as appropriate. Agencies currently funded as individual line-items will be held harmless the first budgeting year (fiscal year 1996- 97), to the extent budget funds are available. Authorization of City Manager to approve the adminisi,.,§ve procedures for the committees' operations. i54 ACTION: Public advertisement and training to be provided to cultural and human services agencies regarding changes in application procedures for funding. The City Manager recommended that Council concur in the following actions: Authorize creation of a Cultural Services Committee to review and recommend allocation of funding to cultural agencies for future budget years. Amend the Code of the City of Roanoke (1979), as amended, to rename the Citizens Services Committee the Human Services Committee, authorize the City Manager to approve changes to administrative procedures for both committees. (For full text, see report on file in the City Clerk's Office.) Mr. Edwards offered the following emergency ordinance: (~2790-121895) AN ORDINANCE amending and reordaining §2- 301, Human Resources Committee. Code of the City of Roanoke (1979), as amended, to rename such committee as the Human Services Committee and to authorize the City Manager to promulgate administrative procedures to be followed by the Committee; to amend the Code of the City of Roanoke (1979), by enacting new §2-301.1, Cultural Services Committee. to provide for a new Council-appointed cornmittes having the duties of reviewing requests for funding made to the City by cultural agencies, advising the Council as to the merits of funding such agencies, recommending an allocation of funding and monitoring and evaluating the programs of such agencies and authorizing the City Manager to promulgate administrative procedures to be followed by the Committee; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 160.) Mr. Edwards moved the adoption of Ordinance No. 32790-121895. The motion was seconded by Mr. McCadden and adopted by the following vote: 155 AYES: Council Members McCadden, Parrott, White, INyatt, Bowles, Edwards and Mayor Bowers .............. 7. NAYS: Nor:.: .----0. DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of November 1995. (For full text, see financial report on file in the City Clerk's Office.) ACTION: Without objecUon by Council, the Mayor advised that the financial report would be received and filed. BONDS/BOND ISSUES: The City Manager and the Director of Finance submitted a joint written report advising that it is planned to request public bids on $31,300,000.00 of General Obligation Public Improvement Bonds to be issued in January 1996, which bonds will be marketed as a single issue with two components: the 1996A Series will be comprised of $23,000,000.00 being issued, pursuant to the Charter of the City and approval of the qualified voters of the. City at a referendum held on November 8, 1994; the 1996B Series will be comprised of $8,300,000.00 being issued in accordance with the Public Finance Act, pursuant to a public hearing held on October 18, 1995; and it is anticipated that bids will be accepted from prospective purchasers for the $31.3 million issue on January 18, 1996. It was further advised that typically, financial institutions that bid on bonds prepare their bids literally at the last moment based on the prevailing market rates on the day of the bid, and then have couriers hand deliver the bid documents to the City Clerk to be opened at a special meeting of City Council; once bids am opened, due to varying interest rates throughout the life of the issue, the bond maturity schedule and interest rates must be taxed to Crsigie, Incorporated, the City's financial advisors, to compute the overall interest cost, and Council is then required to wait approximately two hours while computations are prepared. 1 5 6 The City Manager and the Director of Finance explained ~at they would like to prol~..ee an alternative th.at .would be more efflcle, nt for Council and potential bidders; that Iog,stically, it would be easmr for financial institutions, some of whom have offices in Richmond, to deliver their bids to the office of Craigie, Incorporated in Richmond; Craigie, with the oversight of City representatives with authorization delegated by Council, could then open and compute the overall interest rate on the bids for purchase of the bonds, review the bids with City representatives and recommend acceptance of the lowest bid; City repreeen, tat?es would .accept ~.e Iowes.t bid with a follow up commun,cation to Counc,I summan-,ng the b~ds and acceptance of the bid with the lowest interest amount, which procedure would eliminate the need for a special meeting of Council and the two hour wait while the overall interest costs ara computed; and handling the bid process for the issuance of bends in this manner has become an accepted practice among other Iocalitiee. The City Manager and the Director of Finance recommended that Council adopt a resolution authorizing the City Manager and the Director of Finance to award the winning bid and to affix the interest rates to be borne by the bonds. (For full text, see report on file in the City Clerk's Office.) ! The City Attomey submitted a written report transmitting draft of the bond ordinance to be considered by Council, which provisions are summarized as follows: Authorizes the sale of Series 1996A and 1996B bonds of the City in the total amount of $31,300,000. Pledges the full faith and credit of the City to payment of principal, premium, if any, and interest on the bonds. Authorizes the Director of Finance to appoint a Registrar and a Paying Agent. Sets out the procedures for payment of principal, premium, if any, and interest on the bonds. Requires that the proceeds of the bonds be used only for the purposes set out in Ordinance Nos. 32131-080894, 32132-080894 and 32703-102395. 157 Provides for compafitive sale of the bonds on January 18, 1996. Authorizes the Director of Finance to publish a Notice of Sale in ~]~ a Preliminary Official Statement and other forms. Authorizes the City Manager and Director of Finance to receive proposals for the bonds and to accept the proposal offering to purchase the bonds at the lowest true interest rate not to exceed eight par cent. Provides for the Mayor to execute and deliver an Official Statement in substantially the form of the Preliminary Official Statement. Establishes the form of the bonds. Directs the City Clerk to file a certified copy of the bond ordinance with the Circuit Court. (For full text, see reports on file in the City Clerk's Office.) Mr. INhite offered the following emergency ordinance: (#32791-121895) AN ORDINANCE authorizing the sale of Twenty- three million dollars ($23,000,000) principal amount of City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1996A, and eight million three hundred thousand dollars ($8,300,000) principal amount of City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1996B, as part of a combined issue of thirty-one million three hundred thousand dollars ($31,300,000) aggregate principal amount of general obligation bonds of the City of Roanoke, Virginia; fixing the foe,',,, denomination and certain other details of such bonds and delegating to the City Manager and the Director of Finance certain powers with respect thereto; authorizing the preparation of a preliminary official statement and an official statement and the distribution therefor; authorizing such City to execute and deliver a continuing disclosure certificate of such City relating to such bonds; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 162.) 158 ACTION: ACTION: Mr. White moved the adoption of Ordinance No. 32791-121895. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members P;,,~,it, White, Wyatt, Bowles, Edwards, McCadden and Mayor Bowers ........................ 7. NAYS: None LEGISLATION-CITY GOVERNMENT-PENSIONS: The Director of Finance submitted a written report advising that in 1994, the Virginia General Assembly requested that the Virginia Retirement System (VRS), in cooperation with the Association of Municipal Retirement Systems of Virginia, study the portability of retirement benefits between the Commonwealth and its political subdivisions; and a report will be presented to the 1996 General Assembly recommending approval of portability between the ten public plans in Virginia and with the Virginia Retirement System. It was further advised that the Virginia Retirement System has requested that each public plan provide a resolution approved by its local goveming body supporting the concept of portability; and portability was included in the Legislative Program adopted by Council at its regular meeting on Monday, December 11, 1995; whereupon, the Director of Finance recommended that Council adopt the appropriate resolution. (For fuji text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (f/32792-121895) A RESOLUTION endorsing enactment of legislation by the 1996 Session of the General Assembly authorizing the portability of benefits between local government retirement systems or between local retirement systems and the Virginia Retirement System. (For full text of Resolution, see Resolution Book No. 58, page 179.) Mr. Parrott moved the adoption of Resolution No. 32792-121895. The motion was seconded by Mr. White and adopted by the following vote: 159 AYES: Council Members McCadden, Parrott, White, Bowies, and Mayor Bowers 5. (Vice-Mayor Edwards and Council Member Wyatt abstained from voting.) REPORTS OF COMMITTEES: CITY NURSING HOME-CONSULTANTS REPORTS-WATER RESOURCES-JUVENILE CORRECTIONAL FACILITIES: Council Member Elizabeth T. Bowies, Chairperson of the Water Resources Committee, presented a vaitten report on behalf of the Committee, with regard to execution of an addendum to the 1979 water contract with the County of Roanoke in connection with construction of a water main in the Coyner Spdngs area. A staff report advised that the City owns and operates several facilities located in Botetourt County, which include the former Nursing Home, the Juvenile Detention Center and the Crisis Intervention Center; drinking water sewice to these facili~as has been provided by a spring; I however, the Virginia Department of Health has de.termined that the spring may be influenced by surface water, which potential for contaminaUon requires that the City extend public water service to the facilities; Roanoke County provides public water to southwestern Botetourt County; the January 27, 1995, Addendum to the 1979 Water Contract with Roanoke County provides for exchange of water between the City of Roanoke and Roanoke County; and Botetourt County has elected not to parldcipate in a project to provide public water service to the Coyner Springs are;c It was fu,;;,er advised that the City-owned faciliUes are proposed to be sewed by a public water main, which will be constructed, owned and maintained by the City of Roanoke, at an estimated cost of $310,000.00; Roanoke County staff has agreed to provide water to City- owned faciliUes as traded water under the terms of the 1995 Addendum; and the City Attorney has drafted an Addendum to the water contract which provides for Roanoke County to supply water to City-owned facilities in Botetourt County as traded water, which proposed addendum is concurrenUy being considered by the Roanoke County Board of Supervisors. 160 ACTION: Th ........... ~--mmittee recommended that Council e water ~esou,~, .~,,, .... ~ A~-,-,,a,,m to the 1979 uthodze the Mayor to execute the propo~u ~..~,,--_- ..... a ........ ,-- ~'-...~. unon execution of me aocumen[ Water Contract wlD1 i<oa[&m~ ~u..~z, r by Roanoke County. {For full text, see reports on file in the City Clerk's Office.) Mrs. Bowies offered the following resolution: · (#32793.121895) A RESOLUTION authorizing the execution of a F,rst Addendum to t?,e Water Contract Addendum dated January 27, 1995. between the Ctty of Roanoke and the .C, ounty of Roanoke a.n.d prov~ding..?.at the County of Roanoke provide traded water to City owned facdities in the Coyner Springs area located in Botetourt County. (For full text of Resolution, see Resolution Book No. 58, page 181.) M.m.. Bowles moved the adoption of Resolution No. 32793-121975. The mobon was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wy_a~, Bowles, Edwards and Mayor Bowers NAYS: None SEWERS AND STORM DRAINS-WATER RESOURCES: Council Member Elizabeth T. Bowies, Chairperson of the Water R. esourc.es regard to an amend .m. ent to the sewer u~.~ ;..m.-.,,.- -- .. new technical base hmits, a relaxed pH Itmtt, and new language for "gray water". of the City of Roanoke {1979), as amenaea, p. rotect .rne water Control Plant fro..m, ha,,,,;ul discharges; industrial discharges.are regulated by the City's Industrial Pretreatment Program as authonz..e.d (DEQ) regulates the C;ty s ,,rstrsatment t'rogram., uy - . y ' ..... '-~.--'-~-' Technical Based Metal Um~ts as outimed in the i~Ulr~merl~ iiiuu~u i~! ...... Sewer Use Standards must be rs-evaluated every r,ve yeara pu. vru~..~a r~ 161 permit requirements, with limits reflecting industrial loading, land application of sludge, VPDES discharge requirements, and water quality standards; and the Water Pollution Control Board has recenUy completed the re-evaluation. It was further advised that the Department of Environmental Quality has approved the re-evaluated technical based limits and a relaxed pH limit, with some technical based limits becoming more stringent, some have been relaxed, and some have remained the same; the notice of modification to the Pretreatment Program was published in the local newspaper for 30 days and received no comment; the Pretreatment Audit performed by the Department of Environmental Quality on October 10, t995, requests that language for "gray water" be incorporated in Itm Sewer Use Ordinance ("gray water" is water that is pumped ;,,:,m restaurant grease traps); and authorization by Council is needed to amend the Sewer Use Standards to incorporate the new technical based limits for metals, to incorporate a relaxed pH limit, and the language "gray water", as requested by the Department of Environmental Quality. The Water Resources Committee recommended that Council authodza an amendment to the Sewer Use Standards to incorporate the I new technical based limits, a relaxed pH limit, and the new language for "gray water". (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency ordinance: (#32794-121895) AN ORDINANCE amending and reordaining paragraphs (9) and (15) of subsection (b) of §26-45, Prohibited discharges _oenerellv. and subsection (b) of §26-16, Discharge of heavy metals and toxic materials, Code of the City of Roanoke (1979), as amended, the amended sections to incorporate the new technical based limits, a relaxed pH limit, and the new provisions relating to wastewater pumped from restaurant grease traps; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 182.) ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32794-121895. The motion was seconded by Mr. McCadden and adopted by the following vote: 162 AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ..... 7. NAYS: None BUDGET-PURCHASE/SALE OF PROPERTY-TRAFFIC-CITY EMPLOYEES-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 acquisition of certain property in connection with implementation of the Employee Parking Project. A staff report advised that in September 1994, a plan was developed to address the employee parking recommendation; in December 1994, Council approved the transfer of funds to authorize acquisition of property, and two parcels of land were acquired; a house and lot located at 517 Church Avenue, S. W., Official Tax No. 1113409 and a vacant lot on Campbell Avenue, S. W., Official Tax No. 1011204, have been identified as possible sites for acquisition to allow implementation of the parking project; and property owners have agreed to sell the abovedescribed properties to the City, which properties have been reviewed by the Director of Real Estate Valuation, and the amounts proposed have been determined to be a fair price. The Water Resources Committee recommended that Council authoriz· the following actions: Appropriate $100,000.00, which is currently available in the Transfers to Capital Projects Account No. 001-004-9310- 9508, to the Employee Parking Capital Account No. 008- 056-9698-9003 to provide additional funding for acquisition of properties. Purchase the house and lot on Church Avenue, Official Tax No. 1113409, at a cost of $65,000.00. Purchase the vacant lot on Campbell Avenue, S. W., Official Tax No. 1011294, at a cost of $35,000.00. 163 ACTION: ACTION: Authorize the City Manager or the Assistant City Manager and the City Clerk to execute and attest, respectively, the necessary documents, in a form to be approved by the City Attorney, to pumhase the abovedescribed properties. (For full text, see reports on file in the City Clerk's Office.) Mm. Bowles offered the following emergency budget ordinance: (#32795-121895) AN ORDINANCE to amend and reerdain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 184.) Mrs. Bowles moved the adoption of Ordinance No. 32795-121895. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCedden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers .... -- -7. NAYS: None ........ --0. Mrs. Bowles offered the following emergency ordinance: (#32796-121895) AN ORDINANCE providing for the acquisition of real property at 517 Church Avenue, identified by Roanoke City Tax No. 1113409, and the structure located thereon, and a vacant lot on Campbell Avenue identified by Roanoke City Tax Map No. 1011204, for the Employee Parking Project, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 185.) Mrs. Bowles moved the adoption of Ordinance No. 32796-121895. The motion was seconded by Mr. McCedden and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers ............ 7. NAYS: None .... 6. 164 BUDGET-PURCHASE/SALE OF PROPERTY-SEWERS AND STORM DRAINS-CONDEMNATION PROCEEDIN .G.S-FLOOD REDUCTION/CONTROL-WATER RESOURCES: Counc,I Member Elizabeth T. Bowies, Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to acquisition of certain property Hghts needed in connection with the Roanoke River and Tinker Creek Interceptor Sewer System projects. A staff report advised that an agreement with other jurisdictions to replace the sewers has been completed, with engineering design work for the two projects nearing completion; and land rights from 109 parcels of land are needed on the Roanoke River interceptor Sewer System, with 24 of the parcels currently owned by the City of Roanoke, and there are approximately 40 parcels of indeterminate ownership where land rights will be required; and land rights from 40 parcels of land are needed on the Tinker Creek Interceptor Sewer System, 19 of which are currently owned by the City of Roanoke. It was explained that authorization is needed to begin title work, appraisals, negotiations and closings for acquisition of property rights, which property rights to be acquired include fee simple, pe;,;ianent easements and temporary construction easements; and all property rights will be acquired by negotiation where possible, although it may be necessary to condemn property ~nterests where agreement cannot be reached by negotiation or where landowners are unknown. The Water Resources Committee recommended that Council authorize acquisition of fee simple, permanent easements and temporary construction easements, as required, across properties identified in Attachments A and B to the report by making offers based on City records or individual appraisals and institute condemnation proceedings, as necessary, for the two sewer interceptor projects; and appropriate $250,000.00 from the Sewage Treatment Plant Expansion Bonds, Account No. 003-056-8465-9001, to accounts to be established by the Director of Finance entitled, "Roanoke River Interceptor Sewer Property" and "Tinker Creek Interceptor Sewer Property". (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: 165 ACTION: ACTION: (#32797-121895) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 186.) Mrs. Bowles moved the adoption of Ordinance No. 32797-121895. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Parrott, Wttite, INyatt, Bowles, Edwards and Mayor Bowers ........... 7. NAYS: None Mrs. Bowies offered the following emergency ordinance: (#32798-121895) AN ORDINANCE providing for the acquisition of property rights needed by the City for the construction of the Roanoke River and Tinker Creek Sewer Interceptor Projects; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City*s acquisition of such 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 parcels for the purpose of commencing the project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 187.) Mrs. BowleS' moved the adoption of Ordinance No. 32798-121895. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ............. 7. NAYS: None ........ -0. 66 BU .CONDEMNATION . r Elizabeth T. STORM DRAINS-4o-,.,,=rES: Council Membe .... ntad a written .WATER Rt:~u,~-- _. ..~ committee, p~u~-.,, _, -.,+.in the Water to acqu,,,t on ."' 'Z'='- cnalrl~, ~.:_'~.:~ M the comlmttee, win;.,-..._.,, the infiltration/Inflow ~eooflOnOmw" "" ~_., ;,~ conneCtion p~perty ~ghta nsea-~.,' ~ uction Pro° _ __~... Salem, the Red .... ., ,,.at the Cities of .oanu.,k~e~nntd~n raceived A staff repofl.auvt~;.tourt, and the Town .o~ .,v,:,,a~ in June Counties of o . ,~-.,~, imm the State Wa ----,--od at the Water a Specia~ ConSen.~_~;~t~;t~ordinfiow bein.g e.x._P~_'_~:~as submi~ed t992 to address z_n.~_",'.'~e sewershed EvmUazs°~",ra'~; and correcting to the State wa.=, ~v:.:.~ ~, =~wershedS ioenzmeu --."-~':=...,,, ~m~)act on ems in six of th,; -- -..-.~. ye the most Slgm..~_-_,",'.~.r, which pmb~ _-., offective and would h~,__o.. ~onsultancs co,-, m . · fittrationfinfiow to _ P. nf Co°nc, u- .,_._h reducing in. _ _. ,~= feaular nmeting -.1__~ ,-.~,,nh the .-.. a,aarOeo a~ -,-- ' ----~,',,s identnmu u..--= .... ,;cinateu .w --. . ., _ ,a ,,arious design sm,,.,,.-~..__ and the contract .a,_~_~.~ and t;tCtUU_u~. '.' .... ,auction stugm=, -.._;_..~ design stuumo, ---_ infiltratt°n/l.nt_l°~w..~=~'n be based on Praitm.."~'~r., PC-2 and LR-5, bsequent p~ta=g-.-- ,- ..,~,4~ constrUGtlon, r~,'-, - three pl~j~,'- r. ted. om $~ have been o P . ._ ~,r,~& LR-3 and pC.-4, tt was m,-, .. -.,~ ~,o majority of cons . ,,...d ovtension; am under constmCti..o_n,_w'..u:~"'the' Peters Cree..~. ~_n~:-=.~l~ peters - ._ .-oniuncuon " .... -. _ --* DC-4 Will gug' .... -- d°ne--I~,~--~.~ o~ the remaining pomon ~,. - necessary property C01~;u~., Creek Road exte n acquima, nts, with some . ' . ! . have bee ._~__ .=.itarv sewer eeseme .. _.--..-e,,rsS tn the vicinity, placeinexs."'~..,"~.';~ominimizeimpactt°:~'~";'s;sementa; and in sewers being ret .oc-~_~_'~_.__:sition of replaceme-~_ '; .... ..ra which will ~.ci.u~_re aoq=;~ do not · ,~dition, existing eas-..:~._,;.., numOSeS [C°mm.~."':-_".....=~mct the ""7 .... .~v fOr consau~-.~, r. __-- -'-"t finhtS to u~,,,o-- adjacem p,,,e---~: .....· -~ditional easu-~,, therefore, aOclutstt~°~t u~ projects is necessary- -dad that Council he Water Resources committee recommen and temporary construction T ...... of r~rmanent . .:~._., ,,,, Attachment A =.thorize acqulslo~.- _ ~---- ,~ronerty ictenu-uu ,,,, . -~ssmenta, as requt,r_e~_, ac~e~n a praisals and Institute ~the report by making offe.- __s P 167 ACTION: ACTION: condemnation, if necessary, for Project PC-4; and appropriate $15,000.00 ft.om the Sewer Fund Retained Earnings account to Account No. 003-056-8464-9003 entitled, "1/I Property Rights Acquisition". (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#32799-121895) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 188.) Mrs. Bowles moved the edoption of Ordinance No. 32799-121895. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Parrott, tNhits, VVyatt, Bowles, Edwards and Mayor Bowers 7. NAYS: None Mrs. Bowles offered the following emergency ordinance: (#32800-121895) 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 for the City's acqu. isitlon of such pro.perry righ~ by condemnation, under certain c;rcumstances; authorizing the Ctty 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. 58, page 189.) Mrs. Bowies moved the adoption of Ordinance No. 32800-121895. The motion was seconded by Mr. McCadden and adopted by the following vote: 168 AYES: Council Members McCadden, Pmmott, White, Wyatt, Bowles, Edwards and Mayor Bowers ........ 7. NAYS: None --0. CITY PROPERTY-SPECIAL PERMITS-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 execution of an agreement with James L. Mayhew to establish tho boundary line between the Mayhew property and property owned by the City of Roanoke in the Carvins Cove Watershed area. A staff report advised that a Complaint in Condemnation for taking of the property of James L. Mayhew in the Carvins Cove Watershed area was filed by the United States of America on October 13, 1994; the property is to be used for the Appalachian National Scenic Trail for the benefit and enjoyment of the public and contains approximately 46.08 acres; and subject to existing easements for public roads and highways, public utilities, railroads, and pipelines, the estate being acquired for public use is fee simple title. It was furlfler advised that the City owns a parcel of land adjacent to the property of James L. Mayhew; the City is a defendant in the condemnation case inasmuch as the exact boundary line between the property belonging to James L. Mayhew and the City is unclear, the City has filed an answer to the Complaint in Condemnation denying any interest in the property which is the subject of the condemnation case; a survey of the property was prepared as a part of Mr. Mayhew's attempts to settle the case, which survey established a boundary line between Mr. Mayhew's property and the City's property; and Mr. Mayhew has requested that the City enter into a Boundary Line Agreement based on the Survey of Tract 475-27 of the Appalachian National Scenic Trail. The Water Resources Committee recommended that Council authorize the City Manager to execute a Boundary Line Agreement with James g Mayhew to establish the boundary line between the City's property and Mr. Mayhew's property as shown on a survey identified as Schedule A attached to the report. (For full text, see reports on file in the City Clerk's Office.) 169 ACTION: Mrs. Bowles moved that the following ordinance be placed upon its first reading: (#32801) AN ORDINANCE authorizing the City Manager to execute a Boundary Une Agreement with James L Mayhew to establish the boundary line between the respective properties. (For full text of Ordinance, see Ordinance Book No. 58, page 193.) The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowem ............ 7. NAYS: None UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: I ZON!NG: Ordinance No. 32775 rezoning a tract of land located on Plantation Road, N. E., identified as Official Tax Nos. 3300104, 3300108 - 3300111, inclusive, from C-1, Office District, to RM-2, Residential Multi-family District, pursuant to a petition filed in the Office of the City Clerk on October 11, 1995, having previously been before the Council for its first reading on Monday, December 11, 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: (#32775-121895) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 330, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 58, page 147.) ACTION: Mrs. Bowies moved the adoption of Ordinance No. 32775-121895. The motion was seconded by Mr. McCadden and adopted by the following vote: 170 ACTION: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers -7. NAYS: None. 4). ZONING: Ordinance No. 32776 rezoning a 0.555 acm tract of land located at 4541 Shenandoah Avenue, N. W., identified as Official Tax No. 6040315, from C-2, General Commercial District, to RS-2, Residential Single Family District, subject to certain proffers contained in the First Amended Petition filed in the Office of the City Clerk on November 1, 1995, having previously been before the Council for its first reading on Monday, December 11, 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: (#32776-121895) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 604, 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. 58, page 149.) Mr. McCadden moved the adoption of Ordinance No. 32776- 121895. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members McCedden, Parrott, White, Wyatt, Bowies, Edwards and Mayor Bowers .......... 7. NAYS: None ............ -0. ZONING: Ordinance No. 32777 rezoning six (6) tracts of land containing 60.53 acres, more or less, lying between 1-581 and Franklin Road, S. W., immediatsly west of the Roberts Road neighborhood, and designated as Official Tax Nos. 1290105, 1290131 and 5500111 from RM-2, Residential Multi-family District, to RPUD, Residential Planned Unit Development District; Official Tax No. 5500112 from RM-2, Residential Multi-family District, and C-2, General Commercial District, to RPUD, Residential Planned Unit Development District; Official Tax No. 1290107 from RM-2, Residential Multi-family District, to RPUD, Residential Planned Unit Development District, and C-2, General Commercial District; and a portion of Official Tax No. 1290108 from RS- 3, Residential Single-family District, to RPUD, Residential Planned Unit Development District, and C-2, General Commercial District, subject to 171 the proffers and the boundaries contained in the Amended Petition filed I in the Office of the City Clerk. on Novem .1~. r 22, 1995, having previously bcc. n before the Council for ,ts first read,ng on Monday, December 11, 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: (ff32777-121895) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 129 and 550, 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. 58, page 150.) ACTION: Mr. McCadden moved the adoption of Ordinance No. 32777- 121895. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members McCadden, Parrott, tNhite, Wyatt, Bowles, Edwards and Mayor Bowers .......... 7. NAYS: None .. At 4:20 p.m., the Mayor declared the meeting in recess. At 4:35 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT: The Mayor advised that there is a vacancy on the Economic Development Commission created by the resignation of Brian J. Wishneff, Chief, Economic Development, and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Phillip F. Sparks, Chief, Economic Development. 172 ACTION: ACTION: ACTION: There being no further nominations, Mr. Sparks was elected as a member of the Economic Developme.n.t Commission to fill the I unexpired term of Brian J. Wiahneff, ending June 30, 1998, by the following vote: FOR MR. SPARKS: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ......................... 7. COMMITTEES-CONVENTION AND VISITORS BUREAU- ECONOMIC DEVELOPMENT: The Mayor advised that there is a vacancy on the Roanoke Valley Convention and Visitors Bureau Board of Directors (City representative) created by the resignation of BHan J. Wishneff, Chief, Economic Development, and called for nominations to fill the vacancy. Mr. Pan*off placed in nomination the name of Phillip F. Sparks, Chief, Economic Development. There being no further nominations, Mr. Sparks was elected as City Representative to the Roanoke Valley Convention and Visitors Bureau Board of Directors by the following vote: FOR MR- SPARKS: Council Membem McCadden, _P_a _n'~tt, _W.h._it.e, I Wyatt, Bowles, Edwards and Mayor Bowers .................. 7. OATHS OF OFFICE-COMMITTEES-MENTAL HEALTH SERVICES- BLUE RIDGE COMMUNITY SERVICES: The Mayor advised that the term of office of Onzlee Ware as a member of the Blue Ridge Community Services Board of Directors will expire on December 31, 1995, and called for nominations to fill the vacancy. Mr. Pan*off placed in nomination the name of Onzlee Ware. There being no further nominations, Mr. Ware was reelected as a member of the Blue Ridge Community Services Board of Directors, for a te,~ ending December 3t, 1998, by the following vote: FOR MR. WARE: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowem--~ 7. 173 OATHS OF OFFICE-COM MI'I'I'EES-ROANOKE VALLEY RESOURCE AUTHORITY: The Mayor advised that the term of office of Bittie W. Porterfield, III, as a member of the Roanoke Valley Resource Authority will expire on December 31, 1995, 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. Porterfleld was reelected as a member of the Roanoke Valley Resource Authority, for a term ending December 31, 1999, by the following vote: ACTION: FOR MR. PORTERFIELD: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers .... 7. OATHS OF OFFICE-COMMITTEES-ZONING: The Mayor advised that the term of office of Robert R. Copty as a member of the Board of Zoning Appeals will expire on December 31, 1995, and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Robert R. Copty. I Them being no further nominations, Mr. Copty was reelected as a member of the Board of Zoning Appeals, for a term ending December 31, 1998, by the following vote: ACTION: FOR MR. COPTY: Council Members McCadden, Parrott, White, Wyatt, Bowles, Edwards and Mayor Bowers ..... 7. There being no further business, the Mayor declared the meeting adjoumed at 5:25 p.m. APPROVED /"~% ~*'~ ~'ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 174 ROANOKE CITY COUNCIL VISIONING WORKSHOP December 27, 1995 8:30 a.m. The Council of the City of Roanoke held a VIsioning Workshop on Wednesday, December 27, 1995, at 8:30 ;~n~, in the Mill Mountain Room of The Hotel Roanoke & Conference Center, with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowies, John S. Edwards (arrived at 9:35 ~m.), Deivis O. McCadden, William White, Sr., Linda F. Wyatt (arrived at 9:10 a.m.) and Mayor David A. Bowers ....... - ......... -6. ABSENT: Council Member John H. Parrott OFFICERS PRESENT: W. Robert HeCesrt, 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. OTHERS PRESENT: Glenn D. Radcliffe, Director of Human Development; George C. Snesd, Jr., Director of Public Safety; Kit B. Kiser, Director of Utilities and .; Operations; Bar~y L. Key, Manager, Office o.f. Management and Budget; and It Deborah J. Moses, Manager, Billings and Collections. · The workshop was facilitated by Dr. Robert F_ Mataon, Professor and Director for Leadership Development, University of VIrginia. Dr. Matson reviewed the previous workshops, following which the City Manager talked about the work of the City's Leadership Team and advised that the Leadership Team has expressed a desire that a Member(s) of Council attend a future session to present Council's final visioning work product; whereupon, the Mayor volunteered to meet with the Leadership Team at the appropriate time. At this point, 9:10 a.m., Ms. Wyatt entered the meeting. Council Members spent considerable time discussing ways in which to inform the citizens of Roanoke about Council's visioning process which has been ongoing since January 1995. At this point, 9:35 a.m., Vice-Mayor Edwards entered the meeting. 175 The remainder of the morning was spent discussing and revising the draft vision statements; whereupon., the following draft statements were approved and referred back to the subcomm,ttsss for grammatical corrections. "Effective Government The City of Roanoke will be a catalyst for shaping and achieving the future of our community. City govemmant will be participatory, responsive and efficient, valuing diverse community involvement, public/private partnerships and regional cooperation. Citizens will be involved in the establishment of community priorities. Our facilitative govemmant will bring together all available resources to meet the challenges of the 21st century. Economy Roanoke, with its vibrant downtown, will be a dynamic, diverse regional center of commerce and tourism, competing effectively in the global economy. To enhance economic opportunities, we will promote regional cooperation, nurture growth in existing business and recruit a~,=ctive new business and indust~. Roanoke will be a destination for people seeking a unique combination of scenic, cultural and recreational attractions. Quality of Life Roanoke will be a community where every person and every family is important and respected. We will be a diverse, urban community of stable, safe, caring and friendly neighborhoods. We will protect our natural environment and promote cultural, social and recreational opportunities that encourage present and future generations to choose Roanoke as their home." At 12:25 p.m., the Mayor declared the workshop in recess. At 1:25 p.m., the workshop reconvened in the Mill Mountain Room of The Hotel Roanoke & Conference Center, w;~;, Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Parrott. The City Manager was not present for the aftemoon session. Following discussion, Council approved the following draft vision statement for Education: 176 "Education '~- Roanoke will be a "learning" community, providing the necessary B educational resources and opportunities for all persons to develop to their maximum potentials. Through community involvement and utilization of the latest technology, we will provide quality public education. We will strengthen our cooperation with area colleges and universities and expand continuing education to promote an environment of life-long learning." There was discussion with regard to the future course of action to be followed in order to implement the vision statements; whereupon, Dr. Matson advised that at least one more visioning workshop will be necessary. Following further discussion, the Mayor requested that the City Clerk coordinate the date for the next meeting with Dr. Matson. (The next visioning workshop was scheduled for Monday, February 5, 1996, at 12:30 p.m.) There was discussion in regard to advising the news media as to the process that Council has followed to date in d,-.;;ng its vision ststements; whereupon, it was the consensus of Council that the Mayor will meet with editors of the local newspapers and news di.rect, ors of the local radio and television stations to share .,~ information about the vis,orang process. I There being no further business, the Mayor declared the workshop adjourned at 2:20 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 177 REGULAR WEEKLY SESSION ~ROANOKE CITY COUNCIL January 2, 1996 12:30 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 Tuesday, January 2, 1996, at 12:30 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Rep~ ular Mestinas. 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 and Mayor David A. Bowers ........ -3. ABSENT: Council Members John H. Parrott, Linda F. Wyatt and Delvis 0. McCadden ....... _ ........ - ...... -3. (Vice-Mayor John S. Edwards submitted his resignation, effective December 31, 1995.) OFFICERS PRESENT: W. Robert Herbert, City Manager;, James D. Ritchie, Sr., I Assistant City Manager; Wilbum C. Dibli.n.g, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. CITY JAIL: L. Bane Coburn, Civil Engineer II, presented information on the cost to date of the Roanoke City Jail addition. (See Interdepartmental Communication under date of December 27, 1995, on file in the City Clerk's Office.) She,:;; W. Alvin Hudson advised that in order to staff the new jail addition, 51 new positions were authorized by the State Department of Corrections; over 700 applications were received and 49 of the new positions have been filled, with the other two positions expected to be filled by the end of the week. He stated that upon completion, the jail will be certified to add an additional 169 bunks, for a total of 329 new bunks, and a grand total of 804 beds for the jail and annex combination which will take the facility well into the 21st century, while meeting all standards of the State Department of Corrections. He added that the new annex will add a total of 50,t70 square feet at a total project estimated cost of $9,423,789.00. 178 At this point, Sheriff Hudson invited the Members of..C?unc!l,. City staff and others to join him in a walking tour of the new jad add,hon. ~, The tour concluded at 1:30 p.m. At 1:40 p.m., the meeting reconvened in the Council Chamber, with the following Council Members in attendance: PRESENT: Council Members John H. Parrott, William White, Sr., Elizabeth T, Bowles and Mayor David A. Bowers ......... -4. ABSENT: Council Members Delvis O. McCadden and Linda F. Wyatt ..................................... - ........... 2. (Vice-Mayor John S. Edwards resigned, effective December 31, 1995.) ACTION: COUNCIL: A report of the City Attorney requesting that Council meet in Executive Session to discuss a matter of probable litigation, specifically a collection matter being considered for filing in the near future, 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. Parmtt moved that Council concur in the request of the City Attorney to convene in Executive Session to discuss a matter of probable litigation, specifically a collection matter being considered for filing in the near future, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), es amended. The motion wes seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Parrott, White, Bowies and Mayor Bowers ................................ -4. NAYS: None ....... -0. (Council Members McCedden and Wyatt were absent.) At 1:42 p.m., the Mayor declared the meeting in recess. At 1:58 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. (Ms. .. Wyatt arrived during the Executive Session.) · t, 179 ACTION: COUNCIL: With respect to the Executive Ses~..on just concluded, Mr..Parro? moved that each Member of City Cou.nc~l certify to the best of h,a or her knowledge that: (1) only public bua~ness matters lawfully exempted from open mss§ng requirements under the Virginia Freedom of Info,,,ation Act; and (2) only such public business matters as were identified in any mo~on 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 Parrott, White, Wyatt, Bowles and Mayor Bowers ......... 5. NAYS: None .... -0. (Council Member McCedden was absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 2:00 p.m., the Mayor declared the meeting in recess until 2:05 p.m. At 2:05 p.m., the meeting reconvened in the Council Chamber, with the following Council Members in attendance: PRESENT: Council Members John H. Parrott, William White, Sr., Linda F. Wyatt, Elizabeth T. Bowles, Delvis O. McCadden (arrived at 3:35 p.m. during the Executive Session) and Mayor David A. Bowers--6. 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. 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. 180 ACTION: ACTION: BUDGET-COUNCIL-FLOOD REDUCTION/CONTROL-SISTER CITIES: The Mayor presented correspondence from R.o. anoke's..S, ister City of Fioriani~olis, Brazil, with regard to recent flood,ng conditions, which resulted in the lose of homes of 7,500 persons, and requested assistance from the City of Roanoke. (For full text, see correspondence on file in the City Clerk's Office.) David K. Lisk, Sister Cities Coordinator, advised that he would confer with the Govemor's Office and officials of Florian6polis and discuss the matter with the City Manager to determine the proper course of action to be followed. Mrs. Bowies moved that the matter be referred to the City Manager and the Sister Cities Committee for appropriate response. The motion was seconded by Mr. Parrott and adopted. CON~ENTAGENDA 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 o. ne.motion, in the form., or fom~..., listed on the Consent Agenda, and if dtscuse,on was des,rod, that ,tom 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 with regard 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. 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 amende~.. The motion was seconded by Mr. Parrott and adopted by the following vote: 'l· 181 AYES: Council Members Parrott, White, Wyatt, Bowies, and Mayor Bowers" 5. NAYS: Nono ---0. (Council Member McCadden was absent.) R I. AR A NDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: COUNCIL: A communication from Vice-Mayor John S. Edwards tendering his resignation as Vice-Mayor and as a Member of Roanoke City Council, effective December 31,1995, inasmuch as he will take his seat as a member of the Senate of virginia representing the 21st Senatorial District on January 10, 1996, was before the body. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. White moved that the communication be received and filed Ii and that the resignation be accepted with regret. The motion was seconded by Ms. Wyatt and adopted. ZONING-ARCHITECTURAL REVIEW BOARD: A communication from David C. Helsher, Attorney, representing the Episcopal Diocese of Southwestem Virginia, advising that he had intended to place a request on the January 8 Council agenda to appeal a decision of the Architectural Review Board in connection with demolition of structures located at 1010 and 10t4 First Street, S. W.; however, Council amended its meeting schedule to provide that the Council meeting will be held on January 2 in lieu of January 8, was before the body. Mr. Helscher explained that the change in meeting dates presents a hardship to his client in preparing its presentation for Council; therefore, he requested that the matter be continued until the regular meeting of Council on Tuesday, January 16, 1996. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mrs. Bowies moved that the matter be tabled until the regular meeting of Council on Tuesday, January 16, 1996, at 7:00 p.m. The motion was seconded by Mr. White and adopted. 182 ACTION: REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: ANNUAL REPORTS-FDETC: Vickie L Price, Administrator, Filth District Employment and Training Consortium, presented an overview and video with regard to accomplishments of the Fifth District Employment and Training Consortium for fiscal year 1994-95, and introduced members of the Private Industrj Council. She also presented the Annual Report of the Consortium for the period July 1, 1994 - June 30, 1995. Without objection by Council, the Mayor advised that the briefing and the Annual Report would be received and filed. ITEMS RECOMMENDED FOR ACTION: BUILDINGS/BUILDING DEPARTMENT-PLANNING-LANDMARKS/ H I S T. PRESERVATION-GRANTS-DOWNTOWN ROANOKE, INCORPORATED-ECONOMIC DEVELOPMENT: The City Manager submitted a writts, n report edvi.s, ing that the Economic Development Investment Fund ~s a Commumty Development Block Grant funded program authorized by Council, pursuant to Resolution No. 32476- 050895, adopted on May 8, 1995, the purpose of which is to provide funding for rehabilitation of eligible historic properties located within the Downtown Service District; and the Historic Building Matching Grant Program (facade grant) is a Community Development Block Grant funded program authorized by Council, pursuant to Resolution No. 32476-050895, adopted May 8, 1995, the purpose which is to encourage preservation and rehabilitation of historically significant structures in the City of Roanoke by providing a financial incentive. It was further advised that applications to participate in the Economic Development Investment Fund and the Historic Building Matching Grant Program have been received from Leman Dudley, representing KDL Investments, EEC.; the property to be renovated located at 14 East Campbell Avenue and subject to H-1 historic designation in the Downtown Service District, with rehabilitation to be a two-phase process, totalling $600,000.00; and an agreement proposing the following terms will be negotiated by the applicant and the City: *1 183 $85,000.00 will be loaned to KD.L. Investments, L.L.C., to assist in PI?ss I of the rehabilitation of 14 East Campbell Avenue, w~th Phase I being a $430,000.00 investment. 12,000 square feet of rehabilitatsd commercial space will be available due to the project. A minimum of five new jobs will be created by June 1, 1997, and three of those jobs will be filled by Iow.moderate income persons. interest rate is three per cent commencing on June 1, 1996, with the term of the loan to be ten years, the first installment due on June 1, 1997. The Loan will be unsecured, but evidenced by a promissory note signed by KDL Investments, L.L.C., and Leman Dudley. Up to $5,000.00 in additional funding will be made available as a grant to match private funds to rehabilitate the facade, which will be rehabilitated in accordance with Ii plans approved by the Architectural Review Board on October 12, 1995. The City Manager recommended that he be authorized to execute an agreement with KDL Investments, L.L.C., loaning $85,000.00 in Community Development Block Grant funds for Phase I rehabilitation of 14 East Campbell Avenue and providing an additional grant of up to $5,000.00 in CDBG funds for facade rehabilitation, pursuant to the abovedescribed terms and conditions. (For full text, see report on file in the City Cle~'s Office.) Mr. Parrott offered the following resolution: (~32802-010296) A RESOLUTION authorizing the execution of an agreement with KDL Investments, L.L.C. for use of Community Development Block Grant (CDBG) funds in connection with the rehabilitation of the facade and the building located at 14 East Campbell Avenue in the H-1 Historic District. (For full text of Resolution, see Resolution Book No. 58, page 194.) 184 ACTION: M.r. Parrott moved the adoptionMs, of ResolutiOnand adoptedNO'by32802-0102.96'the The motion was seconded by Wyatt following vote: AYES: Council Members Parrott, White, Wyatt, Bowies and Mayor Bowers ..................... 5. NAYS: Non= (Council Member McCadden was absent.) HUMAN DEVELOPMENT-NEIGHBORHOOD ORGANIZATIONS- HOUSiNGIAUTHORITY-PLAN NING-GRANTS-ROANOK E NEIGHBORHOOD PARTNERSHIP: The City Manager submitted a written report advising that a Citizen Participation Plan (CCP) is required to receive funds under the Community Development Block Grant, HOME and Emergency Shelter Programs of the U. S. Department of Housing and Urban Development (HUD); the CCP sets forth policies and procedures with respect to how and when citizens will participate in development of the City's Consolidated Plan (including annual updates) for the Community Development Block Grant, HOME and Emergency Shelter Programs, substantial amend.m, ents to the Consolidated Plan and performance reports; and Council approved the current Consolidated Plan for submission to HUD, pursuant to Resolution No. 32476-050895, adopted on May 8, 1995. It was further advised that the City's current Citizen Participation Plan must be modified to comply with new CPP guidelines promulgated by the U. S. Department of Housing and Urban Development in January 1995, which guidelines provided that the City's current CPP would not nc. cd to be modified until the beginning of the 1996-97 planning cycle; modifications involve changes in format and content, including the definition of what would constitute "substantial amendments" to either the CPP or the Consolidated Plan and be subject to public review and comment; a proposed revision to the current CPP has been prepared to meet the new guidelines, which proposed revision was issued for public comment during the period from November 17 through December 1, 1995; and consideration has been given to all comments received from citizens and City staff, with changes made to the CPP where feasible and appropriate to accommodate comments. 185 ACTION: The City Manager recommended that Council adopt the proposed Citizen Participation Plan and authorize the City Manager or the Assistant City Manager to execute the document and any changes thereto which do not constitute "substantial amendments to the CPP", in accordance with 24 CFR 91.105(a){3). (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following resolution: (#32803-010296) A RESOLUTION approving the proposed Citizen Participation Plan regarding Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) Programs, and authorizing the City Manager to execute the Citizen Participation Plan and any change thereto which does not constitute a substantial amendment to such plan. (For full text of Resolution, see Resolution Book No. 58, page 194.) Mrs. Bowies moved the adol~don of Resolution No. 32803-010296. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowies and Mayor Bowers .... - .......................... -5. NAYS: Nono (Council Member McCadden was absent.) BUDGET-POLICE DEPARTMENT-BUILDING/BUILDING DEPARTMENT-CITY TREASURER-GENERAL DISTRICT COURT-PARKS AND RECREATION-FIRE DEPARTMENT-HUMAN DEVELOPMENT-CITY SHERIFF-PUBLIC WORKS-PLANNING-PERSONNEL DEPARTMENT° COMMUNICATIONS DEPARTMENT-UTILITY LINE SERVICES-CMERP- MANAGEMENT AND BUDGET-EMERGENCY MEDICAL SERVICES- SNOW REMOVAL-EQUIPMENT: 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 to continue the e~,cient and effective performance of assigned responsibilities and tasks; and the following is a list of items costing less than $75,000.00: 186 Funds .d~ignatsd from Current Year Capital Maintenance and Eqmpment Replacement Program: · Buildinu Maintenance Remodel Magistrates Office $ 7,500.00 parks and Grounds Reforestation Program - Phase II 65 Trash Receptacles for Downtown Area 25,000.00 32,500.00 Plannina Greenway Planning Facsimile Machine 12,000.00 819.00 Fire - Ememencv Medical Services Replace 4 Sofas and 8 Chairs 13 Sets of Tumout Gear 3,898.00 7,590.00 ~ocial Services t - Rotary File add on unit to exis. ting syst.em 1,450.00 2 - Electric Typewnter Replacement 1,134.00 2 - Computer Workstations 1,200.00 Police Interview Room Recording System 9 - Light Bars and Related Equipment for Patrol Units 75 - A,-;;,ored Vests 4,450.00 10,147.00 19,729.00 ~now Removal 2 - Replacement Snow Plow Hitches 2 - Replacement Chemical/Salt Spreaders 1,500.00 9,986.00 Communications 10 - Batteries for Backup for Communications System 14 -- Elevator Telephones 58 -- Portable Radio Batteries Replace 18 Radios and 3 charging Units 1,621.00 4,838.00 2,862.00 17,520.00 187 Ii I - Zetron Pag!.ng System i 10 - Mobile Rsd,os . I - Intercom System for C,ty Sheriff $14,117.00 13,364.00 7,855.00 Buildin_~ Insoections Off,ce Work Stations 2,502.00 Citv Treasurar Replace 1Batch Encoder 3,035.00 General District Cou~ 8 - BacksaverJudges Chairs 7,880.00 Funds designated from Prior Year Retained Earnings accounts: Utility Line Services Replace 2 - Pavement Breakers Replace 3 -- 3-inch diaphragm pumps Replace 2 - Vibratory Ditch Compactors Replace 2 -- Rock Drills Replace I - Copy Machine Replace I -- Loader/Backhoe Replace I - Air Compressor 1,200.00 1,830.00 4,080.00 2,320.00 4,800.00 44,527.00 10,500.00 Manapement Services Replace Facsimile Machine in Personnel Department 765.00 Total $284.529.00 The City Manager recommended that Council appropriate $284,529.00 to the following departmental accounts to provide for the abovedescribed items and projects: $214,507.00 from General Fund Capital Maintenance and Equipment Replacement Program: $7,500.00 to Building Maintenance, Account No. 001-052-4330-3056 $25,000.00 to Parks and Grounds, Account No. 001-052-i340-3005 188 $32,500.00 to Parks and Grounds, Account No. 001-052.4340-2050 $12,000.00 to Planning Department, Account No. 001-062-8110-2010 $819.00 to Planning Depa,:.~,~nt, Account No. 001-050-8t 10-2035 $3,898.00 to Fire-EMS, Account No. 001-050- 3213-2035 $7,590.00 to Fire-EMS, Account No. 001-060- 32t3-2064 $2,650.00 to Social Services, Account No. 001-054-5313-9015 $1,134.00 to Social Services, Account No. 001-054-5313-2035 $14,507.00 to Police Depa~i,~ent, Account No. 001-060-31 t3-5015 $19,729.00 to Police Department, Account No. 001-050-3113-2064 $tl,486.00 to Snow Removal, Account No. 001-052-41 48-2045 $62,177.00 to Communications, Account No. 001-050-4130-9016 $2,602.00 to Building inspections, Account No. 001-000-0000-9015 $3,035.00 to City Treasurer, Account No. 001- 020-1234-9005 $7,880.00 to General District Court, Account No. 001-070-2120-9006 $3,030.00 from Utility Line Services Prior Year Retained Earnings to Account No. 016-056-2625-2035 189 ACTION: $66,227.00 from Utility Line Services Prior Year Retained Earnings to Account No. 016-056-2625-9015 $765.00 from Management Services Prior Year Retained Earnings to Account No. 015.002-1617-2035 (For full text, see report on file in the City Clmk's Office.) Mr. White offered the following emergency budget ordinance: (#32804-010296) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General, Utility Line Servicss, and Management Services Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page t95.) Mr. White moved the adoption of Ordinance No. 32804-010296. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowies and Mayor Bowers ........ -----5. NAYS: Nor= ----0. (Council Member McCadden was absenL) BUDGET-HEALTH DEPARTMENT-HUMAN DEVELOPMENT- DRUGS/SUBSTANCE ABUSE-HOUSING/AUTHORITY.GRANTS-MENTAL HEALTH SERVICES-BLUE RIDGE COMMUNITY SERVICES: The City Manager submitted a written report advising that the plight of homeless individuals and families has been at the forefront of the community's attention for many years, with the number of homeless parsons relying on local services having increased significantly in recent years; the State Department of Mental Health, Mental Retardation, and Substance Abuse Services developed the Virginia Innovative Homeless Initiative (VIHI) Program utilizing funds from the U. S. Depa, l.~nt of Housing and Urban Development (HUD) to enhance existing outreach and shelter services in metropolitan areas during the winter months of 1995-96, and the City of Roanoke was included in the VIrginia Innovative Homeless Initiatives Program; and the City Manager's Committee on Homelsssnsss recommended to the State that a "Homeless Assistance 190 Team" (HAT Team), cooperatively administered by the City and Blue Ridge Community Services, be established in Roanoke as a part of the Virginia Innovative Homeless Program. It was further advised that a Virginia Innovative Homeless Initiative grant allocation of $70,483.00 was awarded to the City for six months to provide temporary staffing resources for the Homeless Assistance Team, and an additional $15,035.00 is being awarded to Blue Ridge Community Services for provision of client services, office space, and training; a local in-kind match in supportive services for six months is required of four State affiliated agencies referred to as "providing agencies", including Roanoke City Health Department, Roanoke City Social Services, the Department of Rehabilitative Services, and Blue Ridge Community Services, with the program to be jointly administered by the City and Blue Ridge Community Services; and outreach services are currently unavailable to homeless persons who are not veterans or do not have a diagnosed mental illness. The City Manager recommended that Council concur in the following actions: authorize execution of the required grant documents with the Department of Mental Health, Mental Retardation and Substance Abuse Services, Office of Mental Health and Substance Abuse Services; authorize execution of the necessary Memorandum of Understanding with the Department of Mental Health, Mental Retardation and Substance Abuse; and appropriate $70,483.00 for the Virginia Innovative Homeless Initiatives Program to an account to be established in the Grant Fund by the Director of Finance and increase the revenue estimate in the Grant Fund. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#32805-010296) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 198.) 191 ACTION: Mr.. Parrott moved the adoption of Ordinance No. 32805-0102.96. The motion was seconded by Mr. White and adopted by the follo~nng vote: AYES: Council Members Parroft, Whits, Wyatt, Bowies and Mayor Bowers ........ 5. NAYS: Nons -----0. (Council Member McCadden was absent.) Mr. Parrott offered the following resolution: (#32806-010296) A RESOLUTION accepting the Virginia Innovative Homeless Initiatives program grant award made to the City from the Department of Mental Health, Mental Retardation and Substance Abuse Service, Office of Mental Health and Substance Abuse Services; and authorizing execution of the necessary grant documents, on behalf of the City, to comply with the terms and conditions and rsquirsments pertaining thereto. I ACTION: (For full text of Resolution, see Resolution Book No. 58, page 199.) Mr. Parrott moved the adoption of Resolution No. 32806-010296. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowies and Mayor Bowers ......... 5. NAYS: None (Council Member McCadden was absent.) REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 192 ACTION: DIRECTOR OF FINANCE-CITY CODE-CITY TREASURER-TAXES- COMMiSSiONER OF REVENUE-BILLINGS.. AND COLLECTIONS-C!TY I INFORMATION SYSTEMS-LiCENSES: Ord,nance No. 32782 amending and reordaining Chapter 19, ~.icenae_T_ax Code. of the Code of the City of Roanoke (1979), as amended, to provide for interest to commence on the first day of the month following the month in which business license taxes are due and continuing until said taxes ars paid in full at the maximum amount authorized by State Code, having previously been before the Council for its first reading on Monday, December 18, 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: (#32782-010296) AN ORDINANCE amending and reordaining subsection (f) of §19-20, When tax payable: installment payment: penalty for late oavment: report and collection of delinauencies, of Article I, In General. of Chapter 19, License Tax Code. of the Code of the City of Roanoke (t979), as amended, to provide for interest to commence on the first day of the month following the month in which business license taxes are due and continuing until said taxes are paid in full at the maximum amount authorized by the State Code. (For full text of Ordinance, see Ordinance Book No. 68, page 191.) Mrs. Bowles moved the adoption of Ordinance No. 32782-010296. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles and Mayor Bowers ............ 5. NAYS: None (Council Member McCadden was absent.) BUILDINGS/BUILDING DEPARTMENT-ZONING-STREETS AND ALLEYS: Ordinance No. 32786 amending Ordinance No. 16380, adopted April 19, 1965, establishing building setback lines on both sides of Colonial Avenue, S. W., from Brandon Avenue, to Overland Road, having previously been before the Council for its first reading on Monday, December 18, 1995, 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: 193 (#32786-010296) AN ORDINANCE amending Ordinance No. 16380, adopted April 19, 1965, establishing building setback lines on both sides of Colonial Avenue, S. W., from Brandon Avenue, S. W., to Overland Road, S. W. (For full text of Ordinance, see Ordinance Book No. 58, page 192.) ACTION: Mr. White moved the adoption of Ordinance No. 32786-010296. The motion was seconded by Mm. Bowles and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles and Mayor Bowers .- ~-5. NAYS: None -0. (Council Member McCadden was absent.) CITY PROPERTY-SPECIAL PERMITS-WATER RESOURCES: Ordinance No. 32801 authorizing the City Manager to execute a Boundary Line Agreement with James L. Mayhew to establish the boundary line between properties owned by the City and Mr. Mayhew as shown on a survey attached to a report of th.e Water. Resources Committee under date of December 18, 1995, hawng prewously been before the Council for its first reading on Monday, December 18, 1996, 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: (#32801-010296) AN ORDINANCE authorizing the City Manager to execute a Boundary Line Agreement with James L. Mayhew to establish the boundary line between the respective properties. (For full text of Ordinance, see Ordinance Book No. 58, page 193.) ACTION: Mr. White moved the adoption of Ordinance No. 32801-010296. The motion was seconded by Mr. Parrott and adopted by the following vote: 194 ACTION: AYES: Council Members Parrott, White, Wyatt, Bowies and Mayor Bowers 5. I NAYS: None ------0. (Council Member McCadden was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 3:05 p.m., the Mayor declared the meeting in recess. At 3:45 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. (Council Member McCadden entered the meeting at 3:35 p.m. 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 I 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 Parrott, White, Wyatt, Bowles, McCadden and Mayor Bowers.. -----6. NAYS: None OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Mayor advised that there is a vacancy on the Roanoke Public Library Board due to expiration of the term of Andrea Wright and called for nominations to fill the vacancy. Mr. McCadden placed in nomination the name of Brenda g McDaniel. 195 II There being no further nominations, Ma. McDaniel was elected as a member of the Roanoke Public Library Board, for a term ending June 30, 1998, by the following vote: ACTION: FOR MS. MCDANIEL: Council Members Parrott, White, Wyatt, Bowles, McCadden and Mayor Bowers. 6. OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Mayor advised that there is a vacancy on the Roanoke Public Library Board created by the resignation of Zaman K. McManaway and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Gloria P. Manns. There being no further nominations, Ms. Manns was elected as a member of the Roanoke Public Library Board to fill the unexpired term of Zaman K. McManaway, resigned, ending June 30, 1996, by the following vote: ACTION: FOR MS. MANNS: Council Members Parrott, White, Wyatt, Bowles, McCadden and Mayor Bowers .......................... -6. OATHS OF OFFICE-COMM!TTEES-PERSONNEL DEPARTMENT: The Mayor advised that there ,s a vacancy on the Personnel and Employment Practices Commission due to the ineligibility of Lewis W. Penni to serve another term and called for nominations to fill the vacancy. Mr. McCadden placed in nomination the name of James E. Blackwell, Jr. There being no further nominations, Mr. Blackwell was elected as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 1998, by the following vote: ACTION: FOR MR. BLACKWELL: Council Members Parrott, White, Wyatt, Bowles, McCadden and Mayor Bowers ............................ -6. OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there is a vacancy on the Roanoke Neighborhood Partnership Steering Committee due to expiration of the term of J. Mason Powell and called for nominations to fill the vacancy. 196 ACTION: ACTION: ACTION: Ms. Wya~ placed in nominat, ion the name of Allen T. Wilson. There being no further nominations, Mr. Wilson was elected as i a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 30, 1998, by the following vote: FOR MR. WiLSON: Council Members Parrott, White, Wyatt, Bowies, McCaddan and Mayor Bowers ............. -6. COUNCIL: Mr. Parrott moved that Council meet in Executive Session to discuss a matter with regard to appointment of public officers, specifically a member of City Council to fill the vacancy created by the resignation of John S. Edwards, for a term ending June 30, 1996, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, McCadden and Mayor Bowers ............. -6. NAYS: Nons At 3:50 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. 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 requiremente 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 Parrott, White, Wyatt, Bowies, McCadden and Mayor Bowers ........................................ -6. NAYS: None 197 ACTION: ACTS OF ACKNOWLEDGEMENT-VIRGINIA TECH-SPORTS ACTIVITIES-UVA: Mr. McCadden requested that the City Attomey pmpere the proper measures recognizing the athletic accomplishments of VIrginia Polytechnic Institute and State University Hokies on an outstanding football season culminating in a great victory in the 62nd Sugar Bowl and the University of Virginia Cavaliers on an outstanding football season culminating in a great victory at the Peach Bowl. OATHS OF OFFICE-COMMITTEES.COUNCIL: The Mayor called attention to a vacancy on the Roanoke City Council created by the resignation of John S. Edwards for a term ending June 30, 1996, and called for nominations to fill the vacancy. Mrs, Bowles placed in nomination the name of Robert A. Garland. There being no further nominations, the Mayor declared the nominations closed. The nomination of Mr. Gartand was lost by the following roll call vote of the Council: AYES: Council Members Parrott, Bowles and McCadden ,1. NAYS: Council Members White, Wyatt, and Mayor Bowers ..... -3. There being no further business, the Mayor declared the meeting adjourned at 4:50 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 198 REGULAR WEEKLY SESSION ~ -ROANOKE CITY COUNCIL January 16, 1996 I 12:30 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 Tuesday, January 16, 1996, at 12:30 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, ReRular Meetin.qs, 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, Delvis O. McCadden, John H. Parrott and Mayor David A. Bowers ............................. -5. ABSENT: Council Member Elizabeth T. Bowles-: ........................ 1. (Vice-Mayor John S. Edwards resigned, effective December 31, 1995.) 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. PARKS AND RECREATION-ARMORY/STADIUM-CONSULTANTS REPORTS: The City Manager submitted a written report with regard to Victory Stadium and a proposed new Field House, advising that Heery Intemational, Inc., of Atlanta, Georgia, with their Sports Facility Division and their Associate, Hammer, Slier, George Associates, Economic Feasibility Consultants, were selected to perform a feasibility study; Council received a public briefing from the consultants on the status of the study on December 18, 1995, in which consultants presented a variety of options for both Victory Stadium and the Field House for consideration; and Council is being requested to discuss and reduce the number of options provided in order that the consultants can be directed toward a detailed evaluation of the choice options. The following choices were offered for consideration by Council: Victory Stadium basic infrastructure remediation, remove paved track and renovate existing east and west stsnds, 199 remove existing east stands, remove portion of existing east and west stands, and construct new stadium. Field House combined complex with ce.~,--: support core, stand alone Aquatic Center, stand alone Multipurpose Recreational Center, stand alone Ice Arena, and stand alone Field House. The City Manager recommended that Council provide guidance as to the. p~.e.;eiTed op~ons for the consultants to pursue in completing the feaslbihty study. William F. Clark, Director of Public Works, reviewed the report and responded to questions raised by the Members of Council. The Mayor and Council Member McCadden advised that due to site considerations, cost, and use by citizens for all communities in the Roanoke Valley, there is a call for regional cooperation and urged that before proceeding with the project, Roanoke County, Salem and Vinton should be consulted with regard to financial support and assistance; whereupon, the Mayor suggested that the City Manager contact other jurisdictions in the Roanoke Valley. ACTION: Following discussion with regard to instructing the consultant to engage in further study of Options No. 1, basic infrastructure remediafion, No. 4, remove portion of existing east and west stands, and No. 5, construct new stadium, Ms. Wyatt moved that the consultant be instructed to move forward with the study regarding Victory Stadium Option No. 4, remove portion of existing east and west stands, and that 200 t~eOc~r or~tions be held in abeyance for a period of 60 days to enable M~aaer to confer with other local govemments in the Roanoke Valley with regard to regional partic~petion/cooperet, on. The moti was seconded by Mr. Parrott and adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 1:25 p.m., the Mayor declared the meeting in recess to be reconvened at 2:00 p.m., in the City Council Chamber. At 2:00 p.m., the meeting reconvened in the Council Chamber, with the following Council Members in attendance: PRESENT: Council Members William White, Sr., Linda F. Wyatt, Delvis O. McCadden, John H. Panott and Mayor David A. Bowers ..... -5. ABSENT: Council Member Elizabeth T. Bowles ............... 1. (Vice-Mayor John S. Edwards resigned, effective December 31, 1995.) OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Dirsct~ of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend 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. PROCLAMATIONS-TOTAL ACTION AGAINST POVERTY-YOUTH: The Mayor presented a Proclamation declaring Tuesday, January 16, 1996, as "Project Discovery Day" in the City of Roanoke. (For full text, see Proclamation on file in the City Clerk's Office.) 201 The Mayor advised that all matters hsted under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for Executive Sessions to discuss a personnel matter, being the appointment of a person to fill a portion of an unexpired term on City Council; and to discuss personnel matters with regard 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.) ACTION: Mr. White moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code ef Virginia (1950), as amended. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, McCadden, Parrott and Mayor Bowers --5. NAYS: None (Council Member Bowles was absent.) COUNCIL: A communication from Mayor David A. Bowers requesting an Executive Session to discuss a personnel matter, being the appointment of a person to till a portion of an unexpired term on City Council, pursuant to Section 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.) 202 ACTION: Mr. White mo .v~d. that .C~uncil concur in the request of the Mayor to conve .ne in Executive Session to discuss a personnel matter, being the appointment of a person to fill a portion of an unexpired term on City 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, INyatt, McCadden, Parrott and Mayor Bowers ......... 5. NAYS: (Council Member Bowles was absent.) AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee held on Monday, December 18, 1995, were before Council. The Audit Committee eddrsased the following items: EXTERNAL AUDITS: KPMG Peat Marwick June 30, 1995 Audit Reports City of Roanoke Letter Report on Intemal Controls City of Roanoke Report to the Audit Committee City of Roanoke School Board Report to the Audit Committee City of Roanoke Pension Plan Letter to the Pension Committee City of Roanoke Comparative Report Transmittal Form Comprehensive Annual Financial Report - June 30, 1995 for Roanoke City School Board 2O3 INTERNAL AUDITS: Internal Controls Evaluation - Pension Trust Fund Substantive Testing - Administrative Procedures (For full text, see Minutes on file in the City Clerk's Office.) ACTION: Mr. White moved that the Minutes be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, McCadden, Parrott and Mayor Bowers ........ 5. NAYS: None (Council Member Bowies was absent.) OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT- INDUSTRIES-BLUE RIDGE COMMUNITY SERVICES-MENTAL HEALTH SERVICES-BUILDINGS/BUILDiNG DEPARTMENT-HOUSiNG/ I AUTHORITY: The following repmts of qualification were before Council: Malcolm L. Taylor as a member of the Advisory Board of Human Development for a term ending November 30, 1999; Margaret R. Baker as a Director of the Industrial Development Authority of the City of Roanoke, Virginia, for a term ending October 20, 1999; Onzlee Ware as a member of the Blue RIdge Community Services Board of Directors for a tei-~ii ending December 31, t998; Reginald P. Church as a member of the Board of Building Code Appeals, Building Maintenance Division, for a term ending September 30, 2000; and 204 ACTION: S. Balna Lori{;~-Duckett as a member of the Fair Housing Board for a term ending Mamh 31, 1998. (See Oaths or Afficn~ations of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, McCadden, Pan'oR and Mayor Bowem ...... 5. NAYS: None (Council Member Bowies was absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: PUBLIC WORKS-EMERGENCY SERVICES-SNOW REMOVAL: The City Manager submitted a written report advising that on January 7, 1996, the following events occurred: The National Weather Service began issuing severe winter storm warnings, "blizzard conditions", for Virginia and most of the asstem seaboard. A local emergency operations plan was activated and emergency operations began. Govemor George F. Allen declared a state of emergency in order to pre-position State resoumas to assist localities. 2O5 The City Manager (Director of Ern~..rgency Service.s) declared a local emergency for the of Roanoke in C!ty order to request State and Federal asmstance due to the financial burden associated with snow removal operations. Snow removal .b. egan by. e. ady evening and other emergency operations were m,tiated. It was further advised that on January 12, 1996, Governor Allen requested a Federal disaster declaration; on January 13, 1996, President William J. Clinton approved the Federal disaster declaration for the Commonwealth of Virginia to include all jurisdictions; and costs of emergency ope, a~;ons are estimated to be $400,000.00 for overtime, equipment and supplies needed to respond to the emergency. The City Manager recommended that Council adopt a resolution declaring that a local emergency existed in the City of Roanoke beginning January 7, at 10:00 a.m., through January 12, 1996, at 8:00 a.m., as a result of the severe snow storm; and that the Director of Finance be authorized to serve as the City's fiscal agent to accept any forthcoming State and Federal reimbursement, and that Diane S. Akers, Budget Adminis .tr~tor, be the de..signated app!icant's ag.ent.fo.r the City · of Roanoke to mgn and submit all appropriate financ,al reformation regarding State and Federal reimbursements, for the local emergency. (For full text, see report on file in the City Clerk's Off]ce.) In view of the heavy snowfall, the City Manager advised that on the evening of January 6, 1996, the City began to organize an emergency operating center in the EOC Conference Room; on Januaw 7, discussions took place with officials of Roanoke County and the City of Salem with regard to the need to declare a local state of emergency, and at 10:00 a.m., on January 7, the three localities agreed to a joint declaration of emergency. Wanda B. Reed, Emergency Services Coordinator, advised that on Saturday, January 6, it was decided to activate the Emergency Operations Plan, at which time Directors and Department Managers were called in for briefings, and departments began implementing their standard operating procedures in regard to equipment and personnel to handle the snow event; public safety staff and equipment were assessed, and it was decided to increase the number of vehicles and 206 on-duty personnel to handle the increase and demand for service; a local emergency was declarnd on Sun,a_. y, January 7, at 10:.07 a.m., and the City opened its emergency operations center. She adv,sed that a phone bank was set up and manned from Sunday, January 7, until Friday, January 12, and approximately 500 calls per day were received, with approximately 20 per cent of the calls from citizens residing in other jurisdictions; and an emergency shelter was opened at the Roanoke Civic Center in the event of power outages, lack of fuel, and depletion of food. She further stated that there were no reports of deaths related to the storm, and the City was able to respond to all emergency situations. In an effort to keep the citizens informed, she stated that two news briefings wsrs held per day, and WRTV Channel 3 was used as a means to funnel information to the public. William F. Clark, Director of Public Works, advised that when the storm started on Saturday, January 6, City staff began working around the clock on 12-hour shifts until January 15; initial efforts were on major thoroughfares such as U. S. Route 460, Route 220, etc., followed by the collector system or bus routes, followed by residential streets. He added that a two-foot snowfall is beyond the City's known snow removal capacity; on at least 60 occasions snow removal operators were asked to divert equipment to support emergency service which impacted snow removal efforts; Valley Metro resumed its schedule on Tuesday, January 9; in excess of 10,000 hours were spent by Public Works employees in snow removal efforts and those efforts will be critiqued to dete,',',ine future service improvements. The City Manager advised that during the height of the snow storm, over 1,400 City employees reported to work in order to serve the needs of the citizens of Roanoke; citizens volunteered to serve on phone banks or volunteered the use of private vehicles, and many City employees who could not perform their regular jobs due to inclement weather were asked to work in other snow removal capacities. He stated that the City's policy in regard to snow removal efforts on residential streets will be reviewed, and the matter will be discussed with the Roanoke Neighborhood Partnership and neighborhood leaders; and a meeting will be held with focus groups to discuss snow removal improvements/equipment needs. Mr. Acree Hayes, 1910 Grayson Avenue, N. W., expressed appreciation to City employees for a job well done. · Ms. Mabel Wilson, 4107 Lake Drive, S. W., called attention to the d,fficulty of snow plows reaching dead-end streets. 207 ACTION: The Membere of Council commended the City Manager and City staff on snow removal efforts. Mr. Parrott offered the following resolution: (#32809-011658) A RESOLUTION declaring a local emergency; authorizing emergency powers to the City Manager as Director of Emergency Sewices; authorizing the City Manager to make application for Federal and State public aid and assistance to deal with such emergency; designating the Director of Finance as the fiscal agent for the City; and calling upon the Federal and State governments for assistance. (For full text of Resolution, see Resolution Book No. 58, page 203.) Mr. Panott moved the adoption of Resolution No. 32809-011696. The motion was seconded by Mr. INhita and adopted by the following vote: AYES: Council Members White, Wyatt, McCadden, Parrott and Mayor Bowers .... 5. NAYS: None 0. (Council Member Bowies was absent.) TRAFFIC-STATE HIGHWAYS-INDUSTRIES-STREETS AND ALLEYS: The City Manager submitted a written report advising that the Commonwealth Transportation Board a. dopted a policy on December 18, 1986, to govern the use of ,ndustrial access funds, pureuant to Section 33.1-221, Code of Virginia (1950), as amended; and funding guidelines for industrial access funds are as follows: $300,000.00 in funding for new road construction is available from the State for an acceptable industry whose new investment is $3.0 million, with no local matching funds required for the first $300,000.00. Up to $150,000.00 in additional funding can be made available for an additional $3.0 million in value of construction and provided a dollar-for-dollar local match up to $150,000.00 is also provided. 2O8 The City will provide adequate right-of-way and bear cost of same. The City will adjust any existing utilities which might be affected by the project and bear cost of same. The City will maintain the roadway after completion. It was further advised that Roanoke Electric Steel operates on a site one-fifth the size needed to operate a mini-mill efficiently; a $14.0 million industrial expansion is currently being considered by Roanoke Electric Steel, which company has requested that it be granted a new industHai access onto the Peters Creek Road extension currently under construction; the Virginia Department of Transportation has given approval for a new access conditioned upon signalization of the resulting intersection; and estimated total cost of the public road is $365,000.00, as follows: Industrial Access Funds likely from VDOT $332,500.00 City's Share (excluding land acquisition and utility adjustments) $ 32,500.00 It was explained that revenue enhancement to the City will occur as a result of the proposed expansion and will take place over a five- year period, with total new revenue being $634,800.00. The City Manager recommended that he be authorized to file an application with the Virginia Depaft,,~nt of Transportation for Industrial Access Road Funds up to $450,000.00 for roadway extension to Roanoke Electric Steel; and that the Commonwealth Transportation Board be assured that the City will, if such project is approved, provide adequate right-of-way, adj.ustment of any utilities affected by construction, and future ma,ntanance of the roadway through other funding sources. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#32810-011696) A RESOLUTION authorizing the City Manager to make application to the Commonwealth of Virginia Department of Traosportation for Industrial Access Road Funds up to $450,000.00 for roadway construction to provide industrial access for Roanoke Electric 209 Steel Co~poration and authorizing the execution of any required docum~;a;;on on behalf of the City for acceptance of any such funds which may be awarded. (For full text of Resolution, see Resolution Book No. 58, page 205.) ACTION: Mr. INhite moved the adoption of Resolution No. 32810-011696. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, McCaddsn, Parrott and Mayor Bowers ........ 5. NAYS: None .... (Council Member Bowies was absent.) A communication from Donald G. Smith, Chairman of the Board and Chief Executive Officer, Roanoke Electric Steel Corporation, under date of January 10, 1996, providing an update on contacts with Cherry Hill residents; and a communication under date of January 4, 1996, from Earl M. Ferguson, President, The Artc~-a;[ Companies, owner of .West Creek Manor Apartments, suggesting that speed bumps be installed on Westside Boulevard, or that traffic be diverted in another direction other then through their property, were before Council. ACTION: Without objection by Council, the Mayor requested that the communications be made a part of the record. BUDGET-TRAFFIC-BONDS/BOND ISSUES-PUBLIC WORKS- STREETS AND ALLEYS: The City Manager submitted a written report advising that the City of Roanoke has 131 intersections controlled by traffic signals, with an additional 14 intersections that qualify for traffic signalization in accordance with Federal specifications found in the Manual on Uniform Traffic Control Devices; the 1996 General Obligation Bond Issue provides funding in the amount of $500,000.00 for signalization of up to five intersections, with one of the five intersections, Hollins Road and Old Mountain Road, currently under construction; and the intersections of Main Street, Elm Avenue, and Ferdinand Avenue, S. W., and Hershberger Road and Westside Boulevard, N. W., are ready for traffic signals to be designed and constructed. 210 ACTION: It wes further advised that Matte.m & Craig, Inc., was selected to perform design services following ravlew of consultant qualificati, ons !1 and interviews; the proposed agreement with Mattem & Craig .prov,des for engineering design of two intersec'dons, which includes M=,n Street, Elm Avenue and Ferdinand Avenue, S. W., and Hershberger Road and Westside Boulevard, N. W., with the contract to permit one additional intersection to be added at a later late. The City Manager recommended that Council concur in the following actions: Execute a contract, in a fo,;, to be approved by the City Attomey, with Mattam & Craig, Inc., in the amount of $52,000.00, for enginesdng design of tum lanes and traffic signals for the intersections of Main Street, Elm Avenue and Ferdinand Avenue, S. W., and Hershberger Road and Westside Boulevard, N. W. Appropriate $60,000.00 from the 1996 General Obligation Bond proceeds, Account No. 008-052-9701-9191, to Account No. 008-052-9561-9001, "Traffic Signals - Install New Signals". Adopt the appropriate resolution indicating the City's intent to reimburse front-funding with bond proceeds upon sale of the 1996 bonds. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency ordinance: AN ORDINANCE to amend and reorclain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. Mr. McCadden moved the adoption of the abovereferenced ordinance. The motion was seconded by Mr. Parrott. The Mayor inquired if the appropriate neighborhood association was contacted with regard to the traffic light at Main Street, Elm and Ferdinand Avenues; whereupon, the Director of Public Works advised that he did not know if there was a direct consultation; and the traffic 211 lights were listed as pdodty locations for b~ffic signals, du.d. nga recent I bo. nd however: report vath regard to issue; he would back to Councd ne,ghborhood assoc,ation contacts, if any. The aboverefersnced ordinance which was prepared as an emergency measure was lost by the following vote: AYES: Council Members White, Wyatt, McCadden and Parrott-4. NAYS: Mayor Bowert ................... 1. (Council Member Bowles was absenL) (Emergency ordinances require five affirmative votes for adoption.) ACTION: Mr. McCaddan moved that the matter be tabled until the next regular meeting of Council on Monday, February 5, 1996. The motion was seconded by Mr. Parrott and adopted. BUDGET-POLICE DEPARTMENT-CITY SHERIFF-CITY JAIL- CMERP-MANAGEMENT AND BUDGET-CITY INFORMATION SYSTEMS- EQUIPMENT: The City Manager submittsd a written report advising that funding of $1.0 million was identified in the Capital Maintenance and Equipment Replacement Program for technology needs, with an additional $55,000.00 identified in Management Services Retained Earnings; technology related requests from City departments totalled over $3.0 million ranging from personal computer requests to system requests affecting the entire organization; and CMERP funding and technology requests were referred to the Information Technology Committee for evaluation and recommendation of a spending plan. It was further advised that the Information Technology Committee recommended the following to the City Manager: PROJECT DESCRIPTION FUNDING REQUEST PC Workstation Requests (18 departments) Data Network System, Downtown Complex Electronic Mail City Budgeting System Police and Jail System~ Geographical Information System $180,000.00 358,000.00 100,000.00 55,000.00 250,000.00 60,000.00 212 Police MDTs' Replacement with Mobile PCs 0 * ,i~ Co..m. put.e..r. Aided Dispatch 0 * Utihty Bdl,ng Study 0 ** Building Inspection and Development Review 82.000.00 Total $1,055,000.00 ACTION: Preparatory study with in-house staff; future implementation anticipating 9-1-1 telephone tax as funding source. Staff time only; no capital outlay needed at this time. The City Manager recommended that Council appropriate funds from the Capital Maintenance and Equipment Replacement Program and Management Services Retained Earnings for technology requests as abovedescribed to the following accounts: Account No. 013-082-1602-9015 Account No. 013-062-1602-9201 Account No. 013-052-1602-9208 Account No. 013.082-1602.9204 Account No. 013.052-1602-9209 Account No. 013-052-9801-9203 Account No. 013-082-9800-9203 $180,000.00 100,000.00 $8,000.00 60,000.00 $2,000.00 250,000.00 368 000.00 Total $1,055,000.00 (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (f~32811-011608) AN ORDINANCE to amend and reordain certain sections of the 1996-96 General, Management Services and City Information Systems Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 68, page 206.) Ms. Wyatt moved the adoption of Ordinance No. 32811-011696. The motion was seconded by Mr. INhite and adopted by the following vote: 213 AYES: Council Members White, Wyatt, McCadden, Parrott and Mayor Bowers .... 5. NAYS: None ,. O. (Council Member Bowies was absent.) Council Members White and Wyatt requested that the City Manager report to Council during fiscal year 1996-97 budget study with regard to the impact on the City workforce as a result of improved technology, and how the level of service has improved through advanced technology. NEIGHBORHOOD ORGANIZATIONS-ROANOKE NEIGHBORHOOD PARTNERSHIP-WATER RESOURCES-SEWERS AND STORM DRAINS- TRAFFIC-FLOOD REDUCTION/CONTROL: The City Manager submitted a written report advising that on two occasions, September 11 and 25, 1995, residents of southwest City appeared before Council in regard to a proposed subdivision in the Cravens Creek area; and Council referred the matter to the City Administration for investigation and report. It was further advised that the subject property is a 4.62 acre tract of land owned by Clark A. Crawley, who has applied for and recently received approval to subdivide the parcel into 11 lots for construction of single-family homes; the project would also involve the construction of approximately 450 linear feet of new road, including a cul-de-esc with access to the existing Cravens Creek Road; and inasmuch as the property is cu,¥~,ntly zoned RS-l, Residential Single-Family District, no action by the City Planning Commission or City Council was required. It was explained that several residents requested that the City deny or delay approving the subdivision request; under City Code provisions, there ara no grounds for disapproval of a subdivision plat that has mat all requirements established by the Code; and residents of the area raised several issues with broader implications, including store1 water management, flooding, traffic safety and dam safety. It was noted that the report would focus primarily on the abovelisted issues. (For full text, see report on file in the City Clerk's Office.) 214 ACTION: Ms. Mabel Wilson, 4107 Lake Drive, S. W., expressed dissatisfaction with the City Manager's report and advised that citizens gave the City the necessary facts to substantiate that the property owner is not meeting City Code requirements; however, citizens were ignored, and they were not given the courtesy of being informed. She spoke in favor of conditional zoning and stated that certain property cannot support the number of houses that the geometric RS-1 zoning allows. She called attention to new housing developments which are creating water drainage problems, and the City is not adequately controlling development. She also called attention to increased traffic in the area of Cravens Creek, and asked that Council stay informed about the situation and that the City investigate conditional zoning, as well as increased storm water management. Ms. Lisa Farthing, 4023 Lake Drive, S. W., advised that the City Manager's report was promised four months ago; however, the report does no more than summarize what was said during the September 11 and 25 City Council meetings. She added that the report contains no facts or figures, and it is frustrating to be told that nothing can be done from a legal point of view. She advised that the houses are being constructed in the flood plain, there will be more water drainage problems, and more citizens will appear before Council only to be told that legally nothing can be done, because the development falls within zoning regulations. She expressed a. ma!or conce.rn that the development was approved and that nothing vail be done in the future to insure that housing developments will be limited. She stated that flood control measures need to be enforced and zoning ordinances should be changed so as not to apply to the City in general but to provide for allowances in problem areas such as the Cravens Creek area. She explained that residents of her neighborhood have appeared before Council for the third time because they do not feel that they have received a satisfactory explanation, they have raised specific questions, furnished charts, and received no answers; and in the future, more specific explanations should be provided rather than for citizens to be told that their concerns cannot be addressed from a legal standpoint. Without objection by Council, the Mayor advised that the report of the City Manager would be received and filed, and that the City Manager be requested to organize a team building effort in conjunction with the Roanoke Neighborhood Partnership for the Cravens Creek area of the City. 215 At 3:36 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. ZONING-ARCHITECTURAL REVIEW BOARD: The Mayor called attention to a request of David C. Helcher, Attomey, representing the Episcopal Diocese of Southwsstem Virginia, to appeal a decision of the Architectural Review Board in connection with a request to demolish structures located at 1010 and 1014 First Street, S. W., which matter was scheduled to be heard at the 7:00 p.m. Council session. The Mayor further called attention to s request of Mr. Helcher to continue the matter until the regular meeting of Council on Monday, February 20, 1996. ACTION: Following discussion of the request, Ms. Wyatt moved that the matter be continued until the regular meeting of Council on Tuesday, February 20, 1996, at 7:00 p.m., or ss soon thereafter as the matter may be heard, and that all reasonable efforts be mede to notify all interested parties of the continuation. The moron was seconded by Mr. White and i adopted, Mr. Parrott abstained from voting. BUDGET-HUMAN DEVELOPMENT: The City Manager submitted a written report advising that the City of Roanoke has traditionally funded $400,000.00 for a General Relief Program which helps disadvantaged citizens who are temporarily disabled or awaiting a decision from the Social Security Administration on permanent and total disability; source of funds have been 62-112 per cent State reimbu~ and 37-1/2 per cent local funds; the Governor's budget for fiscal year 1996 proposed to withdrew funds from the State budget; the City appropriated $200,000.00 for fiscal year 1996 for certain dire emergencies, with the plan to appropriate an additional $200,000.00 if the General Assembly restored the funding; and the Department of Social Services was notified in June 1995 that the State Department of Social Sewicea had approved a General Relief Budget of $400,000.00, of which 62-112 per cent would be reimbursed after SSI recoveries. It was further advised that Social Services has continued to serve the direct population in need of General Relief in fiscal year 1995-96; and the General Relief Program is in need of additional funds required to complete fiscal year 1996, with expenditures for the current fiscal year estimated to be $400,000.00. 216 ACTION: The City Manager recommended that Council increase the revenue estimate in. Account No. 001-020-1234-0674 by $62,500.00 and increase appropriations in Account No. 001-054-5313-3.125 by m $200,000.00; and transfer $37,500.00 from General Fund Cont, ngency Account No. 0014)02-5410-2199, to General Relief Account No. 001-054- 5313-3125, and increase SSI Cost Recovery Account No. 001-054-5313- 3116 by $100,000.00. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#32812-011696) AN ORDINANCE to amend and reordain certain secfiop, s of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 208.) Mr. White moved the adoption of Ordinance No. 32812-011696. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members White, Wyatt, McCadden, Pan'off and Mayor Bowers .... --5. NAYS: None (Council Member Bowles was absent.) BUDGET-CITY TREASURER-DIVISION OF MOTOR VEHICLES- CITY EMPLOYEES: The City Manager, Director of Finance and City Treasurer submitted a joint written report advising that Council authorized an additional position in the Office of the Commissioner of the Revenue with adoption of the fiscal year 1994-95 General Fund budget, which position provided for provision of customer service at the Division of Motor Vehicles (DMV), Crossroads Division, by the Office of the Commissioner of the Revenue, in order to assess personal property taxes and automobile decal fees at the DMV; the Commissioner of the Revenue collects personal property taxes and automobile decal fee payments at the DMV acting in the capacity of an agent of the City Treasurer; and establishing a satellite office for the collection of all types of payments due the City was a goal included in the Mayor's "State of the City" message. 217 It was further advised that the City Treasurer has requested an I additional position for the purpo.s.e of expanding customer service at the Division of Motor Vehicles, w~th expanded customer service to be available on or before the April 5, 1996, real estate tax payment deadline; the proposed provision of expanded customer service at the DMV will include collection of real estate taxes, personal property taxes, automobile decal fees, utility payments, parking violation fines, and other miscellaneous collections; the two customer service positions at the Division of Motor Vehicles will be re-evaluated within two years to determine the impact on the volume of customer transactions conducted at the Municipal Building; funding for the additional position in the Office of the City Treasurer is not available from the State Compensation Board; and Council is required to approve the appropriation of funds for the additional position in the Office of the City Treasurer. The City Manager, Director of Finance and City Treasurer recommended that Council authorize an additional position in the Office of the City Treasurer; and transfer $11,000.00 from Contingency Account No. 0014)02-9410-2199 to the following City Treasurer personal services and operating accounts: I Account No. 001-020-1234-1002 Regular.Salaries Account No. 001-020-1234-1105 City Ret, rement Account No. 001-020-1234-1120 Account No. 001-020-1234-1125 Account No. 001-020-1234-1126 Account No. 0014)20-1234-1130 Account No. 001-020-1234-2030 FICA Medical Insurance Dental Insurance Life Insurance Supplies $8,072.00 1,009.00 618.00 852.00 55.00 29.00 365.00 (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#32813-011696) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 209.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 32813-011696. The motion was seconded by Mr. White and adopted by the following vote: 218 AYES: Council Members White, Wyatt, McCadden, Parrott and Mayor Bowers .... -5. NAYS: Nons (Council Member Bowies was absent.) BUDGET: The City Manager submitted a written report advising that on December 11, 1995, a proposed schedule for the fiscal year 1996-97 budget study process was forwarded to Council; and inasmuch as Council has adopted a new meeting schedule, the revised proposed budget study schedule for fiscal year 1996-97 is as follows: Date Budaet Preoaration Activities April 15, 1996 Public presentation of fiscal year 1996-97 recom..me, nded budget and update to the Consohdatad Plan (Grants budget) to City Council by City Manager. April 15, 1996 Advertisements of public hearings, on recommended budget, tax rates and Consohdated Plan update appear in newspapers. April 29, 1996 Public hearings on recommended budget, tax rates and update to the Consolidated Plan. May 8 - 10, 1996 City Council budget study work sessions. May 13, 1996 City Council adopts General Fund, Special Revenue Fund -- Schools and Proprietary Fund budgets, approves an annual appropriation ordinance and adopts the update to the Consolidated Plan. It was further advised that based on the above schedule, the public hearing on the budget will be held on April 29, 1996, and the operating budget can be adopted on May 13, 1996, after the budget study work sessions are held on May 8 - 10; and both the public hearing and the budget adoption will require special meetings of City Council. 219 i The City Manager recommended that Council formally approve the pro ..~ 1996-97 budget study, schedule, in order that the budget pr~peration process may proceed ~n an expedient manner. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. P;.¥~At moved that Council concur in the recommendation of the City Manager. The motion was seconded by Ms. Wyatt and adopted. DIRECTOR OF FINANCE: BONDS/BOND ISSUES: The Director of Finance submitted a written report advising that the City of Roanoke's Bond Rating of double AA has been reconfirmed by all three bond rating agencies, viz: Fitch Invsstore Service, Inc., Moody's Investors Service, and Standard and Poor's Rating Group; bond bid proposals are to be received on Thursday, Janua~j t8, 1996, at 11:30 a.m., EST, at the office of Craigie incorporated, in Richmond, V~rginia; and his view of the municipal bond market anticipats~ a 6.10 per cent to 5.35 per cent range for the average interest cost on the bid proposals. ..T?e Di .?ctor of Finance transmitted the following documents for Council's review: "Preliminary Official Statement' dated December 27, 1995, "Detailed Notice of Sale", Schedule of "Outstanding General Fund Support Bond Issues" with background information related to each issue, and Short write-up prepared by Fitch Investors Service, Inc. (For full text, see report and attachments on file in the City Clerk's Office.) ACTION: Without objection by Council, the Mayor advised that the report and attachments would be received and flied. 220 ACTION: CITY CLERK: SCHOOLS: The City Clerk submitted a written report advising that pursuant to Chapter 9, Education. of the Code of the City of Roanoke (1979), as amended, the three year terms of Charles W. Day and Finn D. Pincus, as Trustees of the Roanoke City School Board will expire on June 30, 1996, and inasmuch as Section 9-17 of the City Code provides that applications must be filed in the City Clerk's Office by March 10 of each year, applications for the upcoming vacancies will be received in the City Clerk's Office until 5:00 p.m., on Monday, March tt, 1996. (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. McCadden and adopted. REPORTS OF COMMITTEES: PARKS AND RECREATION-ROANOKE ARTS COMMISSION- SISTER CITIES: Carl H. Kopitzke, Chairperson, Mill Mountain Development Committee, presented a written report on behalf of the Committee, advising that the Roanoke Arts Commission has requested that the Mill Mountain Development Committee approve in concept a project that would allow the placement of a sculpture in Mill Mountain Park, the purpose of which is to acknowledge and celebrate the involvement of the Roanoke Valley in the worldwide Sister Cities Program; the theme of the sculpture would be based on international understanding and peace, with the piece of art to be located adjacent to the walkway to the Mill Mountain Zoo in the vicinity of the Sister Cities trees which were planted and dedicated in t993; by approval of the project in concept, the Roanoke Arts Commission would be able to make a call for artists who may be interested in submitting a proposal and would begin a fund raising campaign for the project; and the proposed budget goal is $15,000.00, with installation projected for the spring of 1997. The Mill Mountain Development Committee recommended that Council approve the project, in concept, as presented by the Roanoke Arts Commission. The City Manager submitted a written report advising that the City Parks and Recreation Department has been working closely with the Sister Cities Sculpture Committee since April 1995 on various ,! 221 ACTION: details of the proposed project; therefore, he concurred in the recommendation as submitted by the Mill Mountain Development Committee that Council approve, in concept, the project as proposed by the Roanoke Arts Commission; and Council will be kept informed as the project progresses. Communications from Ann Weinstain, representative of the Roanoke Arts Commission to the Sister Cities Committee; W. Conrad Stone, Member, Sister Cities Committee; Robert F. Roth, President, Roanoke Valley Sister Cities; Beth Poff, Executive Director, Blue Ridge Zoological Society of Virginia; and Betty Boxley, the Mill Mountain Garden Club, in support of the project' were also before Council. (For full tax, t, see reports and communications on file in the City Clerk's Omce.) Mr. Parrott moved that Council concur in the recommendation of the Mill Mountain Development Committee. The motion was seconded by Mr. McCadden and adopted. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ELECTIONS-COUNCIL-CiTY GOVERNMENT: Council Member McCadden presented a statement with regard to eliminating party affiliation as a means of electing local officials, advising that in this way, citizens will have the opportunity to elect the person best able to set the direction of the City rather than worry about what party a candidate is affiliated with; it would allow the City Manager to have the full Council direction in his administration of City policies and procedures; and it would insure that the individual has the good of the City at heart and not the direction of a political party behind him or her as they set the policy and the tone for the City. (For full text, see statement on file in the City Clerk's Office.) 222 ACTION: ACTION: ACTION: Following discussion of the matter, Mr. McCadden moved that the City Attorney be instructed to research and to submit potential options for consideration by Council. The motion was seconded by Mr. Parrott, and adopted, Council Members Wyatt and White voting no. ACTS OF ACKNOWLEDGEMENT-WATER RESOURCES: Mr. Parrott requested that the City Attorney prepare the proper measure commending Roanoke County on its Spring Hollow Reservoir project. Without objection by Council, the Mayor advised that the matter would be referred to the City Attorney for preparation of the proper n~l~aaure. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 4:15 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 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 idenlJfied 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, McCadden, Parrott and Mayor Bowers ....... 5. NAYS: None ............. -0. (Council Member Bowies 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 Loretta B. Williams and expiration of the term of Charles A. Kan' and called for nominations to fill the vacancies. Ms. Wyatt placed in nomination the names of Katrina Martin and Patrick B. Shumate. 223 ACTION: ACTION: There being no further nominations, Ms. Martin and Mr. Shumate were elected as menlbers of the Youth Services Citizen Board, for terms ending May 31, 1998, and May 31, 1997, respectively, by the following vote: FOR MS. MARTIN AND MR. SHUMATE: Council Members White, Wyatt, McCadden, Parrott and Mayor Bowers ..... -5. (Council Member Bowies was absent.) OATHS OF OFFICE-COMMITTEES.LIBRARIES: The Mayor advised that there is a vacancy on the Roanoke Public Library Board created by the death of Caroline M. Brown and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Brooke M. Parrott. There being no further nominations, Ms. Parrott was elected as a member of the Roanoke Public Library Board to fill the unexpired term of Caroline M. Brown, deceased, ending June 30, 1997, by the following vote: FOR MS. PARROTT: Council Members White, Wyatt, McCaddan, Parrott and Mayor Bowers ....... 5. (Council Member Bowies was absent.) At 6:10 p.m., the Mayor declared the meeting in recess until 7:00 p.m. At 7:00 p.m., on Tuesday, January 16, 1996, the City Council meeting reconvened in the Council Chamber, with the following Council Members in attendance: PRESENT: Council Members William White, Sr., Linda F. Wyatt, Delvis O. McCadden, John H. Parrott and Mayor David A. Bowers-- -5. ABSENT: Council Member Elizabeth T. Bowles ................. 1. (Vice-Mayor John S. Edwards resigned, effective December 31, 1995.) OFFICERS PRESENT: W. Robert Herbert, City Manager; Wiibunl C. Dibling, Jr., City Attorney; James D. Grtsso, Director of Finance; and Mary F. Parker, City Clerk. 224 ACTION: The reconvened 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. ELECTIONS-COUNCIL-CIRCUIT COURT: Mr. White offered the following resolution accepting the resignation of John S. Edwards as Vice-Mayor and member of City Council; appointing Wendell H. Butler as a member of the City Council for a term commencing upon his qualification and expiring on June 30, 1996; and authorizing the City Attorney to file a Petition for a Writ of Election with the Circuit Court for the City of Roanoke requesting that the Court order an election in connection with the next regular councilmanic election to fill the unexpired portion of Mr. Edwards' term: (#32807-011696) A RESOLUTION accepting the resignation of John S. Edwards as Vice-Mayor and member of City Council; appointing Wendell H. Butler as a member of the City Council for a term commencing upon his qualification and expiring June 30, 1996; and authorizing the City Attorney to file a Petition for a Writ of Election with the Circuit Court for the City of Roanoke requesting that the Court order an election in connection with the next regular councilmanic election to fill the unexpired portion of Mr. Edwards' term. (For full text of Resolution, see Resolution Book No. 58, page 200.) Mr. White moved the adoption of Resolution No. 32807-011696. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members White, Wyatt, McCadden, Parrott and Mayor Bowers ..... -5. NAYS: None ........ (Council Member Bowles was absent.) COUNCIL: Ms. Wyatt offered the following resolution electing the Honorable William White, Sr., as Acting Vice-Mayor of the City of Roanoke for a term commencing January 16, 1996, through June 30, 1996: 225 ACTION: (#32808-011696) A RESOLUTION elec'dng the Honorable William White, Sr., as Acting Vice-Mayor of the City of Roanoke for a term of January 16, 1996, through June 30, 1996. (For full text of Resolution, see Resolution Book No. 58, page 202.) Ms. Wyatt moved the adoption of Resolution No. 32808-011696. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, McCadden, Parrott and Mayor Bowers ............ -4. NAYS: None (Council Member Bowles was absent.) (Council Member White abstained from voting.) HEARING OF CITIZENS UPON PUBLIC MAI-rERS: 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 Tuesday, January 16, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Terry W. Smith, President, First Homes, L.L.C., that a tract of land located in the 1600 block of Wallace Avenue, S. W., identified as Block 14, Lots 13-17, inclusive, and Lots 20 and 21, Official Tax Nos. 3221712 - 3221716, inclusive, and Official Tax Nos. 3221719 and 3221720, be rezoned from HM, Heavy Manufacturing District, to RM-1 Residential Multi-Family, Low 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 on Friday, December 29, 1995, and Friday, January 5, 1996. (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 parcels identified as Official Tax Nos. 3221712 - 3221716, inclusive, and Official Tax Nos. 226 ACTION: 3221719 and 3221720, comprising less than one acrs, into a zoning classification that would permit the construction of single-family, detached, two bedroom homes, was befors Council. The City Pl~mning Commission recommended approval of the request for rszoning, advising that the proposed use of subject property is consistent with issues as set forth in the Comprshensive Plan and the pattem of development in this established neighborhood and the proposed residential development would be a more appropriate land use at this location than those uses permitted in the Heavy Manufacturing District. (For full text, see rsport on file in the City Clerk's Office.) Teny W. Smith, Prssident, First Homes, L.L.C., appeared befors Council in support of the rsquest for rszoning. Mr. White moved that the following ordinance be placed upon its first reading: (#32814) AN ORDINANCE to amend §36.t-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. 58, page 213.) The motion was seconded by Mr. Parrott. The Mayor inquired if thers wars persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 32814 was adopted, on its first rsading, by the following vote: AYES: Council Members White, Wyatt, McCadden, Parrott and Mayor Bowers ........... -5. NAYS: None (Council Member Bowies was absent.) 227 ACTION: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, January 16, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Roanoke Health Care Center, LLC., to amend previous proffered conditions approved pursuant to Ordinance No. 24898, in conjunction with the rezoning of a parcel of land containing 49.23 acres, more or less, Iocat~'d at the northwest comer of Narrows Lane, S. W. and Van Winkle Road, identified as Official Tax No. 5460101, from RM-2, Residential Multi-family, Medium Density District, to C-1, Office District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in Th~ Roanoke Times on Friday, December 29, t995, and Friday, January 5, 1996. (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 amended petition is to permit the staged development of a group care facility to include a nursing home, congregate homes for the elderly and independent living units for the eldedy on a 49.23 acre tract of land, was before Council. The City Planning Commission recommended approval of the request, advising that the proposed group cars facility addresses a need for additional housing and treatment facilities for Roanoke's elderly population. (For full text, see report on file in the City Clerk's Office.) Jack Ellinwoocl, Civil Engineer and Project Manager, Engineering Concepts, Inc., representing Roanoke Health Cars Center, L.L.C., appeared before Council in support of the request. Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#32815) AN ORDINANCE to amend ~36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 546, Sectional 1976 Zone Map, City of Roanoke, in order to repeal certain conditions 228 presently binding upon certain property previously conditionally rezoned, to rezone certain property within the City, and to subject certain property to conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 58, page 215.) The motion was seconded by Mr. McCadden. The Mayor inquired if there were per~r~s present who would like to address Council with regard to the request to amend previous proffered conditions; whereupon, Mr. Donald W. Fitzgerald, 4602 Van Winkle Road, S. W., advised that he did not oppose the rezoning; however, he expressed concern with regard to the location of the emergency access, and asked that the City's Traffic Engineer study the matter to determine if there is a more appropriate emergency access, especially during inclement weather. Mr. Jack Ellinwood, representing the petitioner, advised that several iasuas were discussed with the neighborhood association, and an alternate location for the entrance will be addressed as a result of the request of the neighborhood as a whole. The Mayor requested that Mr. Madlss and Mr. Ellinwood meet with Mr. Fitzgerald to discuss specific concems. Ordinance No. 32815 was adopted, on its first reading, by the following vote: AYES: Council Members Mayor Bowers White, Wyatt, McCadden, and NAYS: None (Council Member Bowles was absent.) (Council Member Parrott abstained from voting.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, January 16, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of James B. and Betty M. Young, Lamar Advertising of Mobile, Inc., an Alabama Corporation, and National Advertising Co., a Delaware Corp., d/bla 3M .! 229 Media, to amend a previous proffered condition approved pursuant to Ordinance No. 27294 in conjunction with the rezoning of a parcel of land located at 1919 10th Street, N. W., described as Official Tax No. 2060534, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, December 29, 1995, and Friday, January 5, 1996. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the City's Zoning Inspector sent a violation notice dated July 6, 1995, to the owner of the subject property advising that the billboards on the property needed to be removed in order to comply with the proffered condition of rezoning for the property; upon appeal, the Board of Zoning Appeals voted unanimously to uphold the decision of the Zoning Administrator that the billboard structures on the property be removed in accordance with conditions of the rezoning and Section 36.1-697 of the Code of the City of Roanoke (1979), as amended, and the applicant has appealed the decision of the Board of Zoning Appeals to the Circuit Court; a Petition to Amend Proffered Conditions on the property was filed on November 10, 1995, which would allow the existing outdoor advertising use to continue; and the following substitute condition has been proffered, was before Council. "That outdoor advertising signage on the property will continue on the existing boards without any increase in size or number of outdoor advertising boards.' The City Planning Commission recommended denial of the request to change the proffered conditions of rezoning, advising that the proffered condition and the public hearings for the conditional rezoning of the subject property in 1984 clearly indicate that the outdoor advertising on the property would be terminated by August 1994, and future signage on the property would be in conformance with the City Code; the condition had a reasonable relation to the rezoning, was related to the physical development and operation of the property, and the previously requested rezoning gave rise to the need for the 230 ACTION: condition; the conditions were voluntarily proffered to address land use and zoning conformance issues for the property in exchange for a rezoning; and inasmuch as the rezoning was granted, the conditions should be sustained. (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. Mr. Parrott moved that the following ordinance be placed upon its first reading: (f/32816) AN ORDINANCE to amend .~36.1-3 and 36.1.4, Code of the City of Roanoke (1979), as amended, and Sheet No. 206, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned LM, Light Manufacturing District. (For full text of Ordinance, see Ordinance Book No. 68, page 216.) The motion was seconded by Ms. INyatt. The Mayor inquired if there were persons present who would like to address Council with regard to the matter; whereupon, Edward A. Natt, Attorney, representing the petitioners, advised that he was requesting that a proffered condition which was adopted in connection with the rezoning in 1984 be amended with regard to four billboards located on the property of General Track Sales, which property adjoins the interstate. He presented a history of the property and advised that in 1984 and prior to that time, the subject property was used for industrial/commercial purposes; the property owner, General Welding and Machine Company, was desirous of renovating the building which was not properly zoned, thus, the request for a loan to refurbish the building was denied by the lending institution. He explained that General Welding and Machine Company then requested Council, through the City Planning Commission, to rezone the property to make a conforming use; and when the matter was reviewed by the City Planning Commission in 1984, the attorney representing the petitioners proffered that outdoor advertising leases now in existence which expired in August 1994 would not be renewed upon expiration nor would further leases be entered into, and future signage for the rezoned property would be in compliance with requirements of the Roanoke City Code, which proffer was approved by Council. 231 Mr. Natt explained that the sign company which had the signs on the property wes not given notice at any time of any of these proceedings, and the subject property was then sold by General Welding and Machine Company to Mr. and Mro. James B. Young. He stated that proffers related to the property did not appear upon title examination, they sro not on public record, and the only place where they appear is in the Office of the Zoning Administrator. He noted that in 1995, the City's Zoning Administrator fon~,arded a letter to his clients advising that the signs sro in violation of the ordinance and must be removed. He stated that he appealed the decision of the Zoning Administrator to the Board of Zoning Appeals; however, the Board of Zoning Appeals upheld the decision; and in order to protect his client's Hghts, he filed action in the Circuit Court. He noted, however, that a second option was to request City Council to amend the proffers attached to the property, thus a petition was filed with the City Planning Commission requesting amendment to the proffered conditions which would allow the existing signage on the property to remain without increasing the number of billboards or increasing the size of billboards. In conclusion, Mr. Natt stated that in order for a proffer to be legal and valid, the proffer must contain some reasonable relation to the rezoning; however, he submitted that in 1984 when the proffer was attached to the property, it did not bear any relationship to the rezoning request; and thero was no notice to the owners of the billboards regarding the proffer. He further submitted that the language of the proffer is vague and deals with existing leases and would not require that the billboards be torn down. He stated that his clients have been good corporate citizens of the City of Roanoke, and requested that the amendment be approved to allow continued use of the billboards. Martha A. Mackey, Executive Director, Roanoke Valley Convention and Visitors Bureau, spoke in support of the request and advised that the Convention and Visitors Bureau has experienced difficulty in locating billboards to welcome tourists and to advertise hotels and motels in the Roanoke Valley. She added that billboards have been of groat use to the Convention and Visitors Bureau and in many instances have been donated to showcase Roanoke Valley attractions and special events. Keith T. Austin, Vice-Prosident and General Manager, Lamar Advertising Co., addressed Council in support of the request and stated that after reviewing the history of the matter, the City Planning Commission report, and the City's Comprehensive Plan, it is believed that the matter can be resolved without compromising the goals of 232 good land use planning while maintaining good economic development. He called attention to the opportunity in the near future to seriously intpect the quality and to reduce the quantity of billboards voluntarily on 1-581, which is connected with the recent purchase of another company with billboards in the area. He advised that this significant loss of billboards due to a decision that was made 11 years ago without the knowledge of or consent of the sign company is not consistent with Council's past actions; therefore, Council is requested to amend the conditions to allow continued use of the billboards and to work with the sign industry to develop sign regulations that are beneficial to all persons within the community. l Robert H. Fetzer, representing the Board of Directors of Valley Bea,.;;;dl, advised that Valley Beautiful is a non-profit corporation that has spent many years working to enhance and to improve the visual appearance of the entire Roanoke Valley. He stated that the Board of Directors is opposed to the request and asked that Council support the recommendation of the City Planning Commission for denial. He noted that the billboards are in a prima~y location on 1-581, and they do not conform to the City's sign ordinance, nor do they comply with the City's Comprehensive Plan. He called attention to the efforts of Valley Beautiful to improve the quality of life and to improve the visual appearance of the City along one of the highest travelled areas in Roanoke, and requested that Council not allow unlawful structures to be located in the City of Roanoke. John P. Brsdshaw, Member, City Planning Commission, advised that the proffer goes with the land as indicated on the zoning map, research of the documentation for utilization of a piece of property should identify that there are conditions which should be sought out, and the fact that the properbj changed ownership should not alter the proffer. He submitted that it does not behoove the City, the City Planning Commission, or City Council to research leases, subleases, legal commitments, obligations, etc., that a property owner represents to the City as a part of a proffer, and the proffer has to be accepted in the way it is presented by the owner or the attorney representing the owner. He advised that the overall issue is that there was a proffer and the proffer should stand unless there are other outstanding reasons that it should be reconsidered. He stated that the validity of the billboards is in question inasmuch as the City Code provides that there shall be no billboard within 250 feet of an intersection, and the Zoning 233 Ordinance provides that a billboard shall not be within 250 feet of a residential area. He explained that the fundamental mason that the City Planning Commission opposes the request is related to upholding the conditional zoning and the proffer associated with the rezoning. The City Attorney advised that the proffer was a matter of public record and is on file in the Department of Community Planning; therefore, any prudent buyer would check the zoning on a piece of property prior to purchase and the maps would indicate existing conditions. C. Edwin Wrsy, General Manager, Comfort Inn - Airport, advised that if the billboards are required to be removed, Comfort Inn could lose between 10 and 16 per cent of its business as a result of lost advertising; therefor, retention of the billboards is vital to their business. Barbara N. Duerk, Member, City Planning Commission, called attention to the City's efforts toward continued beautification. She stated that clutter should not be added to the highways, and while she understands the plight of the advertising agency, the proffer as previously approved by Council should be enforced. Jeannette P. Manns, Co-Chair, Washington Park Residents Alliance, advised that residents of the area are striving for a more beautiful community with additions that are conducive to adding to their efforts. She stated that the billboards should be removed, and when laws are enacted by the City, residents of the affected areas should be contacted. No other persons wishing to be heard, Ordinance No. 32816 was adopted, on its first reading, by the following vote: AYES: Council Members White, Wyatt, McCadden, Parrott and Mayor Bowers ....... ----5. NAYS: Nono (Council Member Bowies was absenL) 234 ACTION: At 8:20 p.m., the Mayor declared the mc..cting in recess. At 8:30 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 Bowles. ZONING-PLANNING-LANDMARKS/HIST. PRESERVATION- 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 Tuesday, Janumy 16, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City Planning Commission to zone certain properties in the Gainsboro neighborhood as an overlay H-2, Neighborhood Preservation District, such propeCdes generally being located east of Jefferson Street, north of Wells Avenue, and south of Patton Avenue, and designated as Official Tax Nos. 3011401 -3011411, inclusive, 3011413 -3011423, inclusive, 3011426 - 3011437, inclusive, 3014010, 3012801 - 3012827, inclusive, 3012846, and 2011002, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, December 29, 1996, and Friday, January 5, 1996. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission recommended approval of the request, advising that this portion of the Gainsboro neighborhood is worthy of local H-2, Neighborhood Preservation District designation; the district is consistent with the Gainsboro Redevelopment Plan and will preserve and protect an important cultural and historic part of Roanoke's heritage; and historic districts in other parts of the City have been successful in revitalizing and increasing investment in neighborhoods and in protecting historic environments for residents, other citizens, and visitors. (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: 235 (#32817) AN ORDINANCE to amend §30.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 301 and Sheet No. 201, Sectional 1976 Zone Map, City of Roanoke, to designate certain property within the City as H-2, Neighborhood Preservation District. (For full text of Ordinance, see Ordinance Book No. 58, page 217.) 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; whereupon, Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., President, Historic Gainsboro Preservation District, inc.; Mr. Thaddeus H. Hale, 4740 Mews Hill Drive, S. W.; and The Reverend Frank W. Saundere, 3802 Troutland Avenue, N. W., appeared before Council in support of historic designation for Gainsboro. Mr. Jeffrey L Artis, 727 Highland Avenue, S. E., advised that the Gainsboro neighborhood has been raped and robbed of land, community and communal independence through urban renewal. He stated that Gainsboro is the story of a self-sufficient neighborhood which was destroyed by gm. cd and broken promises, and it now falls to Council to do something that should have been done years ago by providing Gainsboro with an historic designation. Dr. John R. Kern, Director, Roanoke Regional Preservation Office, spoke in support of historic designation for the Gainsboro community, and advised that he looks forward to working with the residents of Gainsboro and the City of Roanoke toward recognizing the historic significance of the neighborhood, and he encouraged preservation, protection and enhancement of the unique resources of Gainsboro. Ordinance No. 32817 was adopted, on its first reading, by the following vote: AYES: Council Members White, Wyatt, McCadden, Parrott and Mayor Bowers ..... ---5. NAYS: None.. (Council Member Bowies was absent.) 236 STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having adve~sad a public hsaring for Tuseday, January 16, 1996, at 7:00 p.m., or aa soon thereafter as the matter may be heard, on the proposal of the City Planning Commission that Belle Aim Circle, S. W., at its intersection wiG, Brandon Avenue, be closed and discontinued without vacation of any part of the street right-of-way, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, December 29, 1995, and Friday, January 5, 1996. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission recommended approval of the permanent closure and discontinuance of Belle Aire Circle, S. W., at its intersection with Brandon Avenue, but without vacation of any part of the street right-away, subject to the following conditions: Existing temporary closure by barricade of Belle Aire Circle, S. W., at its intersection with Brandon Avenue, S. W., shall remain in place until the .proposed widening of Brandon .A. venue, by the Virg,ma Department of I Transportat, on commences in the near future. The City's Traffic Engineer shall contact and work with appropriate officials of the Virginia Depa. rtment, of Transportation (VDOT) to effect the design and mstallat, on of mountable curbing or other similar designs to achieve a physical closure (but one that would still be accessible for emergency purposes) of Belle Airs Circle, S. W., at its intersection with Brandon Avenue, as a part of VDOT's overall design for the widening of Brandon Avenue. The City's Horticulturist shall thereafter install Iow-scale landscape matsrJals (maximum 30 inches high) across the existing Belle Airs Circle, S. W., right-of-way behind the Brandon Avenue, sidewalk area, upon the removal of an appropriately-sized section of existing pavement of Belle Airs Circle, by the Department of Public Works. ACTION: 237 The final proposed design of VDOT curbing or other type design and the proposed Iow-scale landscaping shall be subject to the approval of the City's Fire Marshal or his designee. (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: (#32818) AN ORDINANCE authorizing the closing, without vacation, of 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. 58, page 219.) The motion was seconded by Mr. Parrott. The Mayor inquired if there were persop, s present who would like to address Council with regard to the matter;, whereupon, Mr. William H. Highfill, 4213 Belle Jure Circle, S. W., spoke against the request for closure and called attention to the inconvenience of not being able to travel east when he exits his driveway en route to the downtown area where he conducts the majority of his personal business and attends church. He stated that at least six families on Belle JUre Circle were not notified of the proposed action. Ms. Phyllis S. Goodykoontz, 4125 Belle JUre Circle, S. W., expressed opposition to closing Belle JUre Circle and advised that she feels more comfortable knowing that there are several routes that can be accessed to reach her home. She stated that if the street is closed, the City will set a precedent for requests by citizens to close other streets because of excessive traffic. Dr. Junius E. Crowgey, 3814 Belle Jure Circle, S. W., spoke in support of the request which will alleviate traffic problems and provide improved safety for the residents of the area. He stated that he is willing to bear any inconvenience for the safety of children living on Belle Jure Circle. 238 Mr. Richard F. Guerrant, 4107 Belle Aim Circle, S. W., spoke in support of the request and expressed appreciation for the one-year ..trial closure which demonstrated that theirs was a decrease in vandal,sm and speeding. For the safety of elderly citizens who walk and for children who play in the area, he encouraged that the street be closed permanently. Ordinance No. 32818 was adopted, on its first reading, by the following vote: AYES: Council Members White, Wyatt, McCadden, Parrott and Mayor Bowers ............. 5. NAYS: None (Council Member Bowles was absent.) At this point, 9:05 p.m., Council Member McCadden left the meeting. · TRAFFIC-STATE HIGHWAYS-VIRGINIA TRANSPORTATION MUSEUM-GREENWAY SYSTEM: The City Clerk having advertised a public headng for Tuesday, January 16, 1996, 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 Intermodai Surface Transportation Efficiency Act (ISTEA) for transportation enhancement projects in fiscal year 1996-97, viz: a project for the improvement of the VIrginia Museum of Transportation, including the construction of a train shed, an elevated platform, amphitheater, a facial upgrade, and an observation tower; and establishment of a project for the Prospect Greenway, the first phase of the Roanoke Valley Comprehensive Greenway System, the matter was before the body. Legal adve~sement of the public hearing was published in The Roanoke Times on Thursday, December 28, 1995. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the Intermodai Surface Transportation Efficiency Act (ISTEA) was signed into Federal law in December 1991, providing a new vision for transportation in America, which law provides for $155 billion to be spent nationwide to rebuild and redirect surface transportation over six years (1992-1997); the intent of ISTEA is to move the country out of the 239 interstate highway age and to encourage states and localities to make I transpo, rtation decisions that make communities more livable, and are enwronmentally sound and economically efficient; for the first time, Federal transportation legislation places the power of decision-making with State and local government, the purpose of which is to allow increased flexibility and public input on how Federal funds can be spent to solve local transportation problems; and two enhancement project applications have been received and are described in Attachment A to the report, was before Council. The City Planning Commission recommended that Council endorse the two enhancement projecta as abovedescribed. (For full text, see report on file in the City Clerk's Office.) A report of the City Manager advising that the Intermodal Surface Transportation Efficiency Act (ISTEA) requires state departments of transportation to set aside a minimum of ten per cent of their Surface Transportation Program (STP) allocation each year to be used for enhancement activities; resolutions that would endorse the two project applications also require, according to the Virginia Department of Transportation, that the City agree to pay a minimum of 20 per cent of the total c. ost for p!anning and design, right-of-way, and construction of the project; and, if the City subsequently elects to cancel the proJect, the City agrees to reimburse VDOT for the total amount of costs expended by VDOT through the date of cancellation of a project; and project funding descriptions are as follows, was also before Council. Virginia Museum of Transportation - total project cost is estimated at $700,000.00; and a total of $300,000.00 (43 per cent) in Federal ISTEA funding is sought with the remaining non-Federal total of $400,000.00 (57 per cent) provided by the applicant with funds from the 1995 Bond Issue ($300,000.00) and from anticipated private donations ($100,000.00). City of Roanoke - total project cost is estimated at $750,000.00; and a total of $600,000.00 in Federal ISTEA funding is sought with the remaining non-Federal total of $150,000.00 (20 per cent) coming from in-kind match (i.e., repairs to Prospect Road bridge, donation of public easements, paving) and private donations with current commitment of $100,000.00. 240 ACTION: The City Manager recommended that Council concur in the following actions: endorse by the project applications by separate resolutions; agree to pay 57 per cant and 20 per cent, respectively, of total project costs; and if the City elects to cancel any project, the City would reimburse the Virginia Department of TranspoCmtion for the total amount of costs associated with any work completed on either project through the date of cancellation notice; and City will enter into a legally binding agreement with the Virginia Museum of Transportation, subject to its application being approved by VDOT, requiring the Transportation Museum to be fully responsible for the 57 per cent matching funds, as well as all other obligations undertaken by the City by virtue of the City/State Agreement. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#32819-011696) A RESOLUTION requesting that the Commonwealth Transportation Board establish a project for the improvement of the Virginia Museum of Transportation. (For full text of Resolution, see Resolution Book No. 58, page 211.) Mr. ParTott moved the adoption of Resolution No. 32819-011696. The motion was seconded by Mr. White. The Mayor inquired if there were persons present who would like to address Council with regard to the matter; whereupon, Robert H. Fetzer, reprsssnting the Board of Directors of Valley Beautiful, requested that the City support the Prospect Greenway project and complimented the City on its leadership to date. !1 Katherine F. Houck, Executive Director, Virginia Museum of Transportation, appeared before Council in support of the request for Transportation Museum improvements. 241 John R. Maril.e.s., Chief, Planning and Community Development, I announced that the C~ty has received over $100,0~0..00 in private sector support for the first phase of the greenways project. Resolution No. 32819-011696 was adopted by the following vote: AYES: Council Members White, Wyatt, Parrott and Mayor Bowers... __,4. NAYS: No~= ----0. (Council Members Bowles and McCadden were absent.) Mr. Parrott offered the following resolution: (#32820-011696) A RESOLUTION requesting that the Commonwealth Transportation Board establish a project for the first phase of the Roanoke Valley Comprehensive Gresnway System. (For full text of Resolution, see Resolution Book No. 58, page 212.) i ACTION: M.r. Parrott moved the adoption of Resolution No. 32820-011696. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members White, Wyatt, Parrott and Mayor Bowers ........... -4. NAYS: Noc.= ........ -0. (Council Members Bowles and McCadden were absent.) There being no further business, the Mayor declared the meeting adjoumed at 9:20 p.m. ATTEST: Mary F. Parker APPROVED David A. Bowers City Clerk Mayor 242 REGULAR WEEKLY SESSION ..... -ROANOKE CITY COUNCIL February 5, 1996 12:30 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 216 Church Avenue,. S. W., City. of Roanoke, on Monday, February 5, 1996, at 12:30 p.m., the regular meet, ng hour, vath Mayor David A. Bowers presiding, pursuant to Rule 1, e~~ of Section 2-16, Rules of Proced re Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Linda F. Wyatt, Elizabeth T. Bowles, Wendell H. But!er, Delvis O. McCadden, John H. Parrott, William White, Sr., and Mayor Da~nd A. Bower= ABSENT: None. OFFICERS PRESENT: W, Robert Herbert, City Manager;, James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Diblinn, Jr. Ci~, Attorney; James D. Grisso, D, rector of F,nance, and Mary F. Parker, City Clerk. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 12:35 p.m., the Mayor declared the meeting in recess until 12:40 p.m. At 12:40 p.m., the meeting reconvened in t.he. Emer..ge..ncy Operations Center Conference Room, Room 159, Munmc,pal Bu,!d,ng, 215 Church Avenue, S. W., Roanoke, Virginia, Mayor Bowers pres,ding, and all Members of the Council and Officers as abovelisted in attendance. The Mayor advised that the Council would continue its Visioning Workshops, and ca!led upon Dr. Robert E: Mataon, Professor.and Director for Leadersh,p Development, Univers,ty of Virginia, to conbnue the process. Dr.. Matson advised that the workshop would focus on c.on. tinuab.'on of th.e. discussi.on of Council's Vision Statement and action statements regain,rig Effective Government, Economy, Education, and Quality of Life. Secondly, he stated that he would like for Council to identify the key stakeholders to be involved in the process for input. 243 · Barry L. Key, Manager, Office of Management and Budget, advise~., that at the conclusion of the on December 27, 1995, w.orkshop Counc,I requested that the Vision/Acbon Statements be referred to a grammatical subcommittee for review; whereupon, he presented the Vision/Action Statements with grammatical corrections. Council approved, in draft form, the following Vision/Action Statements; however, inasmuch as there were still questions in regard to grammatical content, it was the consensus that the statements would be reviewed by Nancy Patterson, Director, CITY School, for accuracy. Roanoke City Council Vision Statement Roanoke, "The Star City," appreciating its past and planning for a shining future, will provide a superior quality of life through educational, economic and cultural opportunities for all people who live, work and visit here. Effective Government The City of Roanoke will be a catalyst for shaping and achieving the future of our community. City government w..ill be participatory, responsive and ,fficien.t: va!uing dwerse community involvement, pubhc/pnvate partnerships and regional cooperation. Citizens will be involved in the establishment of community priorities. Our facilitative government will bring together all available resources to meet the challenges of the 21st century. Economy Roanoke, with its vibrant downtown, will be a dynamic, diverse regional center of commerce and tourism, competing effectively in the global economy. To enhance economic opportunities, we will promote regional cooperation, nurture growth in existing business and recruit a~,,,ctive new business and industry. Roanoke will be a destination for people seeking a unique combination of scenic, cultural and recreational attractions. 244 Education Roanoke will be a 'learning' community, providing the necessary educational resources and opportunities for all Persons to develop to their maximum potentials. Through community involvement and utilization of the latest technology, we will provide quality public education. We will strengthen our cooperation with area colleges and universities and expand continuing education to promote an environment of life-long learning. Quality of Life Roanoke will be a community where every person and every family is important and respected. We will be a diverse, urban community of stable, safe, caring and friendly neighborhoods. We will protect our natural environment and promote cultural, social, and recreational opportunities that encourage present and future generations to choose Roanoke as their home. There was discussion as to whether each Action Statement would list high or medium .p. riority items; whereupon, it was agreed that each page would be idenbfied as a "draft working document"; items listed under each Action Statement would be identified as issues instead of high/medium priority items, with the addition of a heading entitled, "Other Issues", which would enable stakeholders to identify issues that were not previously listed. The City Manager pointed out that the School Board will look to Council for major infrastructure needs; whereupon, it was agreed that the City administration would draft appropriate wording in the Education Action Statement and report to Council. Dr. Matson led Council Members in an exercise to identify the major stakeholders in the process; whereupon, the following groups were listed: Appointed Boards, Commissions and Committees of the City Architectural Review Board City Planning Commission Roanoke City School Board Roanoke Redevelopment and Housing Authority Roanoke Neighborhood Partnership 245 Citizens Services Committee City Employees Former Members of City Council Roanoke Valley Regional Chamber of Commerce Regional Economic Development Partnership The New Century Council Downtown Roanoke, Incorporated W',lliamson Road Action Forum Labor Unions Southwest Virginia Community Development Fund Roanoke Chapter of the NAACP Total Action Against Poverty in the Roanoke Valley, Inc. Southern Christian Leadership Conference Williameon Road Area Business Association Sororities/Fraternitiss Central Council Parent-Teacher Association Students League of Older Americans State Elected Officials Department of Rehabilitative Services Blue Ridge Community Services Churches/Ministerial Associations Civic/Service Clubs League of Women Voters Junior League Lions Club Kiwanis Clubs Rotary Clubs Roanoke Jaycees Dr. Matson advised that a subcommittee was needed to "craft out" the Vision/Action Statements as revised and to prioritize issues, which would involve Council Members working in conjunction with City staff; and reporting back to the full Council with recommendations on how to proceed; whereupon, Council Members Bowies and Wyatt volunteered to work with City staff. It was the consensus that when the draft documents ars presented to the community, citizens would be asked to list their ideas under the category, "Projects Suggested By Citizens"; and a suggestion was offered that Council Members would serve as group 246 facilitators and lead round table discussions which would send a message to the community that Council is not conducting business as usual but promoting a participatory form of government which would allow citizens to be a partner in the process. At 1:55 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and the following Members of the Council in attendance: PRESENT: Council Members Unda F. Wyatt, Elizabeth T. Bowies, Wendell H. Butler, Delvis O. McCadden, John H. Parrott, William White, Sr., 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 Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The me~ing was ope.n, ed with a prayer by The Reverend James Drinard Smith, Pastor, St. Ehzabeth's Episcopal Church. The Pledge of Allegiance to the Flag of the United States of America was led by Masters Diont(~ Hall, Darius Hall, and DeVaughn Hall, grandsons of Ms. Jeanette Manns, 1826 Tenth Street, N. W. COUNCIL: The Mayor welcomed Dr. Wendell H. Butler to the Council, who was appointed to fill a portion of an unexpired term of Council Member John S. Edwards, resigned, ending June 30, 1996. PRESENTATIONS PROCLAMATIONS: The Mayor presented a Proclamation to Greta Evans, Chair, Kisumu Sister City Committee, declaring February 1996 as "Black History Month" in the City of Roanoke. (For full text, see Proclamation on file in the City Clerk's Office.) 247 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 with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the regular meetings of Council held on Monday, October 16 and Monday, October 23, 1995; Council's Strategic Planning Workshop held on Friday and Saturday, October 20 - 21, 1995; and a joint meeting of Council with Beverly T. Fitzpatrick, Jr., Executive Director, The New Century Council, held on Monday, October 23, 1995, were before the body. (For full text, see minutes on file in the City Clerk's Office.) ACTION: Mrs. Bowies 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, Bowies, Butler, 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, 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 248 ACTION: 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, Butler, McCadden, Parrott, INhite and Mayor Bowers, - ............... 7. NAYS: None COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Lawrence M. Taylor tendering his resignation as a member of t.h.e Roanoke Neighborhood Partnership Steedng Committee, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that the communication be received and filed and that the resignation be accepted with regret. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Butler, McCadden, Parrott, White and Mayor Bowers ................ 7. NAYS: OATHS OF OFFICE-COMMITTEES-BUILDINGSIBUILDING DEPARTMENT-ZONING-PERSONNEL DEPARTMENT-ROANOKE VALLEY RESOURCE AUTHORITY-YOUTH-COUNCIL: The following reports of qualification were before Council: Dr. Wendell H. Butler as a member of the Roanoke City Council for a term commencing January 17, 1996, and ending June 30, 1996; Robert R. Copty as a member of the Board of Zoning Appeals for a term ending December 31, 1998; James E. Blackwell, Jr., as a member of the Personnel and Employment Practices Commission for a term ending June 30, 1998; Bittle W. Porterfield, III, as a member of the Roanoke Valley Resource Authority for a term ending December 31, 1999; and I 249 Katrina A. Martin as a member of the Youth Services I Citizen Board for a term ending May 31, 1998. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that the reports of qualification be received and filed. The motion wes seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Butier, McCadden, Parmtt, White and Mayor Bowers ....... 7. NAYS: None REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. OTHER HEARINGS OF CITIZENS: COMPLAINTS-NEIGHBORHOOD ORGANIZATIONS-CITY PROPERTY-HOUSINGIAUTHORITY-PLAN NING-ROANOK E I NEIGHBORHOOD PARTNERSHIP-HENRY STREET REVI¥.AL COMMrFrEE: LeRo..y. Lowe, 612 Chestnut Avenue, N. W., represent, ng Black Concerned C~tizens of Roanoke, appeared before Council and requested that present and/or future plans that significantly impact the lives of persons from the black community relative to policy deliberations by City Council be communicated to the citizens as follows: (1) public notice should be given at least ten days prior to any meeting(s); (2) time and place of the meeting should be provided; and (3) notice should be given of items to be addressed/discussed. He called attention to citizens within the black community who have the best interest of their community at heart, and it is to these citizens that they will turn to for representation of their needs and concerns. With regard to the Henry Street Land Use Plan to be presented to Council by the Roanoke Redevelopment and Housing Authority, he advised that Black Concerned Citizens of Roanoke wish to receive notification of and abo,~,,-,~nt of all proceedings until the above procedure and policy issues have been satisfactorily addressed. George E. Franklin, Jr., 1716 Loudon Avenue, N. W., advised that he is the convener of a group of men with an expressed interest in changing the status of select communities, the purpose of which is to alter negative economic growth, improve academic performance of 250 ACTION: Roanoke's youth, reduce and/or eliminate the need for aborted pregnancies, reduce you. th chine and increase employment of ~ unemployed youth. To this end, he stated that they are prepared to work with City Government as a member of the team, and advised Henry Street appears to be an excellent project for such a team effort. He supported the stated position and continued efforts of Black Concerned Citizens of Roanoke. (See statements on file in the City Clerk's Office.) Following remarks by the members of Council, Mr. White moved that the statements of Mr. Lowe and Mr. Franklin be referred to the City Manager for the purpose of establishing open dialogue and to begin the process of working with community leaders and groups toward meeting some of the expressed objectives. The motion was seconded by Mr. McCadden and adopted. PETITIONS AND COMMUNICATIONS: BUDGET-BONDS/BOND ISSUES-GRANTS-SCHOOLS- EQUIPMENT: A communication from the Roanoke City School Board requesting appropriation of funds from the 1996 Capital Bond Issue and Literary Fund loans for the following, was before Council: A. Caoital Bond Funds $1,133,945.00 - $1,375,000.00 - $ 391,051.00 - $1,096,604.00 $ 340,000.00 $ 80,000.00 Jackson Middle School renovations Breckinddgs Middle School renovations Woodrow Wilson Middle School renovations instructional technology equipment and school network equipment replacement of obsolete air conditioning systems at Fallon Park Elementary School, Madison Middle School, and Rulfner Middle School. upgrade of fire alarm systems in ten school buildings constructed between 1948 and 1976. 251 B. Literary Fund Loan~ $2,500,000.00 $5,000,000.00 Jackson Middle School renovations Bmckinridge Middle School renovations The School Board further requested appropriation of funds to the following school accounts: Grant No. 6941 - $15,000.00 for the Chess program to pay for chess supplies, materials, and tournament participation costs. The source of funds is from a private donation. Grant No. 6942 - $11,415.00 for the 1996 Westem Virginia Regional Science Fair. School districts will contribute toward the cost of the fair, with a local match cost to Roanoke City Schools. 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 communication and report on file in the City Clerk's I Office.) Ms. INyatt offered the following emergency budget ordinance: (ft32821.020596) AN ORDINANCE to amend and reordain certain sections of the 1995-96 School and Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 220.) ACTION: Ms. Wyatt moved the adoption of Ordinance No. 32821-020596. The motion wes seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Butler, McCadden, Parrott, White and Mayor Bowem .............. 7. NAYS: None .... 252 ACTION: REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: SEGREGATION/INTEGRATION-COMMITTEES-COUNCIL-CITY GOVERNMENT-AFFIRMATIVE ACTION: The City Manager presented Council with a membership list of the Community Relations Task Force and copy of the minutes of the organizational n'.~cfing. He advised that at its first meeting, the Task Force reached the consensus that it is important to invite citizen participation before the Task Force begins to fo,-~,-late specific goals and objectives which is characteristic of a facilitative govemment. He noted that a considerable amount of staff time has been allocated to this effort. Without objection by Council, the Mayor advised that the briefing would be mcalved and filed. ITEMS RECOMMENDED FOR ACTION: BUDGET-TRAFFIC-BONDS/BOND ISSUES-MAPS-PUBLIC WORKS-CAPITAL IMPROVEMEN.TS PROGRAM-CONSULTANTS REPORTS-STREE. TS AND ALLEYS. The City Manager. submitted a written report advising that the City of Roanoke has 131 ,ntersections controlled by traffic signals, with an additional 14 intersections that qualify for traffic signalization in accord.a, nce with Federal specifications as set forth in the Manual on Un,form Traffic Control Devices; the 1996 General Obligation Bond issue provides funding in the amount of $500,000.00 for signalization of up to five intemections, with one of the five intersections, Hollins Road and Old Mountain Road, currently under construction; and the intersections of Main Street, Elm Avenue and Ferdinand Avenue, S. W., and Hershberger Road and Westalde Boulevard, N. W., are ready for traffic signals to be designed and constructed. It wes further advised that Mattem & Craig, Inc., was selected to perform design services; the proposed agreement with Mattem & Craig provides for engineering design of two intersections, Main Street, Elm Avenue and Ferdinand Avenue, S. W., and Hershberger Road and Westside Boulevard, N. W.; and the contract will permit one additional intersection to be added at a later late. 253 The City Manager recommended that Council appropriate $60,000.00 from the 1996 General Obligation Bond Proceeds, Account No. 008-052-9701-~9191, to Account No. 008-052-9561-9001, Traffic Signals - Install New Signals". (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#32822-020596) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 68, page 223.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 32822-020596. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Butler, McCadden, Parrott, White and Mayor Bowers ............. 7. NAYS: None BUDGET-POLICE DEPARTMENT-BUILDINGS/BUILDING DEPARTMENT-FIRE DEPARTMENT-PUBLIC WORKS-PLANNING- UTILITY LINE SERVICES-CMERP-FLEET MAINTENANCE FUND-WATER RESOURCES-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified vehicular equipment that needs to be replaced, which equipment will replace old units that have extensive maintenance/repair cost and/or cannot be mechanically or safely operated for their intended purpose; whereupon, the City Manager recommended that Council accept the lowest responsible bids and authorize issuance of purchase orders, as follows: nine new intermediate size automobiles from Berglund Chevrolet, Inc., at a cost of $121,174.02; three new intermediate size automobiles for Police Services from Berglund Chevrolet, Inc., at a total cost of $42,439.74; 254 ACTION: two new mid-size pickup trucks from Magic City Motor Corporation, at a total cost of $26,038.40; I three new mid-size, extended cab pickup truck cab/chassis from Magic City Motor Corporation, at a total cost of $41,239.62; one new 112 ton extended cab pickup truck front Pinkerton Chevrolet-GEO, Inc., at a total cost of $16,654.47; one new 15 passenger window van from Berglund Chevrolet, Inc., at a total cost of $20,557.61; two new four-wheel ddve utility type vehicles from Pinkerton Chevrolet-GEO, Inc., at a total cost of $46,022.04; appropriate $57,895.00 from Utility Line Services Prior Year Retained Earnings Account to Utility Line Services, Account No. 016-056-2626-9010; 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: (ft32824-020596) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Utility Line Services Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 225.) Mr. White moved the adoption of Ordinance No. 32824-020596. The metion was seconded by Ms. Wyatt and adopted by the following vote: 255 ACTION: AYES: Council Members Wyatt, Bowles, Butler, McCadden, Parrott and White ....... 6. NAYS: None (Mayor Bowers abstained from voting.) Mr. White offered the following resolution: (ft32825-020596) A RESOLUTION accepting bids for the pumhaee 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. 58, page 226.) Mr. White moved the adoption of Resolution No. 328254)20596. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Butler, McCadden, Parrott and White ................................................ -6. NAYS: None (Mayor Bowers abstained from voting.) BUDGET-HUMAN DEVELOPMENT-DRUGS/SUBSTANCE ABUSE- LEGISLATION-PLANNING-PERSONNEL DEPARTMENT-GRANTS- YOUTH-JUVENILE CORRECTIONAL FACILITIES-J & D RELATIONS DISTRICT COURT: The City Manager submitted a written report advising that the City of Roanoke receives funding from the State Department of Youth and Family Services to administer the CHsis Intervention Center, the Crisis Shelter Sanctuary Family Oriented Group Home, the Youth Haven I Post-Dispositional Group Home, the Secure Juvenile Detention Home and the O~,uach Detention Program; and the City has budgeted $530,650.00 in block grant revenues for the first two quarters in the 1995-96 fiscal year, as follows: 256 Outreach Detention Cdsis Interventiort/FOGH Youth Haven I $ 54,710.00 126,829.00 109.682.00 .I Sub-total $ 291,221.00 Juvenile Detention Home 239.429.00 Total $ 630,650.00 It was further advised that the 1995 Virginia General Assembly enacted the Virginia Juvenile Community Crime Control Act (VJCCCA), effective January 1, 1986, the purpose of which is to establish a balanced community-based system of sanctioned programs and services for juvenile offenders; and localities wishing to use VJCCCA funds for development, implementation, and operation of programs and services must submit s local plan to the Board of Youth and Family Services for approval, which plan was approved by Council on October 23, 1995, and submitted to the State Department of Youth and Family Services for review and submission to the Board of Youth and Family Services. It was explained that the .C!ty is to receive fu.nding through the Virginia Juvenile Community Crime Control Act, ,n the amount of B $467,794.00, for six months commencing January 1, 1996 through June 30, 1996 for fiscal year 1995-96, which amount does not include funding for the secure detention home; the City is to receive $935,587.00 for each fiscal year 1996-97 and 1997-98; the Act requires the City to maintain its funding level based on the amount of local dollars supporting block grant programs as of the fiscal year ending June 30, 1995; the City expended $501,932.00 in local contributions to the operation of block grant programs for the 1994-95 fiscal year, which will be the maintenance of effort level matching the Act funding from the Department of Youth and Family Services; the amount of funding for operations including State and local revenues for the six months beginning January I through June 30, 1996, will be $718,760.00, which is $170,926.00 more than cun'ent appropriations; the amount of funding for fiscal years 1996-97 and 1997-98 will be $1,437,519.00 each year; and utilization of funding through the VJCCCA will provide for continuation of four block grant programs and addition of nine new service programs for the juvenile justice population in Roanoke City. 257 The City Manager recommended that Council endorse the plan I of services; that he be authorized to establish eight grant funded positions and provide for nine new services to youth and their families; and appropdata $170,926.00 in additional State funding. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden requested that he be provided with a copy of the following new programs to be established with VJCCCA funds: (1) Juvenile Supervision Program through the Juvenile Court Service Unit; (2) Street Law Program through the Court Services Unit; and (3) Enhanced Community Service Program. Mrs. Bowies offered the following emergency budget ordinance: (ff32826-020596) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General and Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 68, page 228.) ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32826-020596. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members INyatt, Bowies, Butler, McCadden, Parrott, INhite and Mayor Bowers - 7. NAYS: None DIRECTOR OF FINANCE: TRAFFIC-BONDS/BOND ISSUES-STATE HIGHWAYS-CITY SHERIFF-CITY JAIL-CITY EMPLOYEES-CAPITAL IMPROVEMENTS PROGRAM: The Director of Finance submitted a written report advising that the $31.3 million 1996 General Obligation Public Improvement Bond Issue is now complete; Council conducted a public headng to receive citizen input on the proposed Capital Improvements Program, which was adopted by Council on August 8, 1994, and authorized a 258 public referendum for the issuance of $23 million general obligation bonds; and on November 8, 1994, the voters of the City of Roanoke overwhelmingly (82 per cent) approved the Bond Issue. It was further advised that in 1995, the General Assembly elected to reimburse its percentage share of local jail construction over a period of 20 years in lieu of total reimbursement upon completion of construction; Wal-Mart elected to build a super store at Valley View, and Council was concemed about additional traffic congestion and initiated the possibility of an additional 1-581 Interchange; City employees working in the downtown area continue to need parking spaces in order to be treated equitably with employees working at public facilities not located in the downtown area; and the following projects initiated an update to the Capital Improvements Program: City Jail Expansion Interstate Highway 1-581 Interchange Employee Parking Facilities $2,300,000.00 5,000,000.00 1.000.000.00 Total $8,300,000.00 It was explained that Council conducted a public hearing to receive citizen input on the updated Capital Improvements Program (1996-2000) on October 16, 1995; on October 23, 1995, Council updated the Capital Improvement Plan and authorized the issuance of $8.3 million General Obligation Public Improvement Bonds at an estimated interest rate of 5.75 per cent; and during the months of November and December 1995, the Mayor, City Manager, Director of Finance, citizens and staff made three presentations to the bond rating agencies, with all three rating agencies affin~,ing the City's Double AA bond rating in January 1996. The Director of Finance advised that the following is a list of bids for the purchase of $31.3 million City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1996A and Series 1996B and the respective interest rates quoted on January 18, 1996, in which Merrill Lynch provided the lowest true interest cost of 4.9543 per cent and is the lowest interest rate received on a bond issue in the last 25 years; and the City Attomey, City Treasurer and Director of Finance closed the $31.3 million Bond Issue on February 1, 1996: -! 259 Bidder Merrill Lynch Paine Webber, Inc. Wachovia Bank of North Carolina, N.A. Lehman Brothers Wheat First Butcher Singer ABN-AMRO Securities (USA), Inc. Prudential Securities, Inc. Interstate/Johnson Lane Corp. Davenport & Co. of Virginia, Inc. Percentaoe 4.9543% 4.9695% 5.0152% 5.0254% 5.08096% 5.03146% 5.0483253% 4.996% 4.981131% (For full text, see report on file in the City Clerk's Office.) ACTION: Without objection by Council, the Mayor advised that the report would be received and filed. DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS-BINGO/ RAFFLES: The Director of Finance submitted the Annual Bingo Activity Report for 1995, advising that bingo, a form of gambling, is permitted so that money can be generated to benefit lawful, charitable, religious, community and educational purposes; 87 per cent of the profits were I spent for charitable purposes during this period compared to 73 per cent in 1994, 51 per cent in 1993, and 53 per cent i.n 1992! each organization with gross receipts in excess of $250,000.00 ~s requ,red to submit an audited financial report by a certified public accountant that their financial activity was fairly stated and all proceeds were spent for lawful, religious, charitable, community or educational purposes for which the organization is specifically chartered or organized; and five organizations submitted an audited financial report, and, in addition, random compliance audits were conducted on each organization during 1995 with regard to rscordkesping, operating and accounting procedures. It was explained that legislation which became effective July 1, 1995, established the Charitable Gaming Commission to regulate and administer bingos and rsffles on a State-wide basis, beginning July 1, 1996; and after that date, the City will no longer be responsible for the administration, regulation or enforcement of laws governing bingos and raffles; however, each locality will continue to be allowed the option of limiting the hours of operation and prohibiting instant bingo games. (For full text, see report on file in the City Clerk's Office.) 260 ACTION: ACTION: ACTION: Without objection by Council, the Mayor advised that the report would be received and filed. The Mayor requested that the Director of Finance provide Council with a status report in regard to the transition of bingo activity from the jurisdiction of the City of Roanoke to the Charitable Gaming Commission. DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of December 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. CITY CLERK: SCHOOLS: The City Clerk submitted a written report advising that pursuant to Chapter 9, Education, of the Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Board Trustees, the three year terms of Charles W. Day and Finn D. Pincus will expire on June 30, 1996; and Section 9-17 of the City Code provides that applications must be filed in the City Clerk's Office by March 10 of each year; however, inasmuch as March 10 falls on a Sunday, the deadline for receipt of applications will be Monday, March 11, 1996, at 5:00 p.m. (For full text, see report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the report would be received and filed. SCHOOLS: The City Clerk submitted a written report advising that pursuant to Chapter 9, Education, of the Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Trustees, Council must hold certain meetings and take certain actions during the months of March, April and May to conform with the selection process; whereupon, the City Clerk requested the concurrence of Council in establishing the following dates: 261 On Monday, March 18, 1996, at 2:00 p.m., or as soon I thereafter as the matter may be .heard, Council as a Committee of the Whole, will rev,ew and cons,der all candidates for the positions 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, March 18, 1996, at 6:00 p.m., Council will hold an informal meeting (reception) which will be open to the public with all candidates for School Trustee in the EOC Conference Room, Room 159, Municipal Building, 215 Church Avenue, S. W. On Monday, April 1, 1996, at 2:00 p.m., Council will, by public vote, select from the field of candidates, those candidates to be accorded the fo~al interview and all other candidates will be eliminated from the School Trustee selection process. The number of candidates to be granted the interview will not exceed three times the number of positions available on the Roanoke City School Board, should there be so many candidates. On Monday, April 15, 1996, at 7:00 p.m., Council will hold a public hearing to receive the views of citizens. On Thumday, April 26, 1996, at 6:00 p.m., Council will hold a meeting for the purpose of conducting a public interview of candidates for School Trustee. On Monday, May 6, 1996, at 2:00 p.m., Council will hold an election to fill the two vacancies for terms commencing July 1, 1996, and ending June 30, 1999. (For full text, see report on file in the City Clerk's Office.) ACTION: Ms. Wyatt moved that Council concur in the recommended dates. The motion was seconded by Mrs. Bowles and unanimously adopted. 262 REPORTS OF COMMITTEES: BUOGET-BRIOGES-PUBLIC WO~KS-CAPITA..L IMPROYEME.N. TS ~l~aOi&~m~nM ~o~T ~hEeEBTiSd C~ NmDn .. A L L EYS. Coun. c.d Member Wbite, rmttee, presented a written report on behalf of the. _ .,C~.'ttee, in conneclfon with bids received by the City for repair of the follovflng five culverts/bridges: Ogden Road Culvert over Murray Run (#8035) Mud Lick Road over Mud Lick Creek (#8019) Berkley Road over Glade Creek (#8015) Crestmoor Road over Bamhart Branch (~8025) Shenandoah Avenue over Peters Creek Road (~8033) Clos. ure of one. bridge (Berkley Road - restricted to 30 days) wdl be required The Bid Committee recommended that Council concur in the following actions: authorize the City Manager to execute a lump sum contract with .A. Ilegheny Construction Co., Inc., for repair of culverts/bridges, in the amount of $120,350.00, with a project contingency of $12,000.00; transfer $18,650.00 from Hollins Road/Norfolk Avenue Bridge, Account No. 008-052-9596.9003, to Bridge Maintenance 1995-96, Account No. 008-052-9549-9003; 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: (#32827-020596) AN OR.D. INANCE to amend and reordain certa' sections of the 1995-96 Camtal Proi,--*,, =___, ._ .. m providin- for an e ,- j,~.,o rullU ~ppropriat, ons, and y mergency. (For full text of Ordinance, see Ordinance Book No. 58, page 233.) 263 ACTION: ACTION: Mr. Parrott moved the adoption of Ordinance No. 32827-020596. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Butler, McCadden, Parrott, White and Mayor Bowers .......... 7. NAYS: None Mr. Parrott offered the following emergency ordinance: (#32828-020596) AN ORDINANCE accepting the bid of Allegheny Construction Company, Inc., for the repair of the following five culverts/bridges: Ogden Road Culvert over Murray Run (#8035); Mud Lick Road over Mud Uck Creek (#8019); Berkley Road over Glade Creek (#8015); Crastmoor Road over Bamhart Branch (#8025); and Shenandoah Avenue over Peters Creek (#8033), 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. 68, page 234.) Mr. Parrott moved the adoption of Ordinance No. 32828-020596. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Butler, McCadden, Parrott, White and Mayor Bowers ............. 7. NAYS: None BILLINGS AND COLLECTIONS-LEASES-WATER RESOURCES- COMMONWEALTH OF VIRGINIA BUILDING-WATER RESOURCES: Council Member McCadden, Vice-Chairperson of the Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of a Supplemental Lease Agreement with the United States of America, General Services Administration, for use of space in the Commonwealth of Virginia Building by the Bankruptcy Court, for a term of one year from February 1, 1996 to January 31, 1997. I'i 264 ACTION: A staff report advised that the original lease with the General Services .Administration (GSA), Lease No. GS-O3B-50012, dated July 16, · 1985, wh,ch was authorized pursuant to Ordinance No. 27529, leases r 12,413 square feet of the total net lessable space of 46,161 square feet, with the remaining 33,746 square feet to be leased to the Commonwealth of Virginia under a lease due to expire on June 30, 2005; lease amendments providing for additional space and establishing the term of the ten-year lease to expire on February 1, 1996, have subsequently been approved; and lease extensions for five- year te,,,,s are provided for in the original lease agreement. It was explained that the lease will expire on January 31, 1996; major renovations to the space currently occupied by the Bankruptcy Court have been requested by the GSA prior to extending the lease for an additional five-year term; the GSA is currently studying the needs of the Bankruptcy Court in order to develop plans for such renovations; and extension of the lease for a one-year term, from February 1, 1996 through January 31, 1997, has been requested by the GSA to allow renovations to be accomplished. The Water Resources Committee recommended that Council authorize the appropriate City officials to execute the Supplemental Lease Agreement, in a form to be approved by the City Attomey, for a one-year term, from February 1, 1996 to January 31, 1997. (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: (#32829) AN ORDINANCE authorizing the appropriate City officials to enter into a Supplemental Lease Agreement between the City and the United States of America, for use of space in the Commonwealth of Virginia Building by the Bankruptcy Court, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 58, page 235.) The motion was seconded by Mr. McCadden and adopted by the following vote: 265 AYES: Council Members Wyatt, Bowles, Butler, McCadden, Parrott, White and Mayor Bowers 7. NAYS: None ....... UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ACTS OF ACKNOWLEDGEMENT-DECEASED PERSONS: Mr. McCadden offered the following resolution memorializing the late John F. Gilbert who first worked as a photographer and later as a reporter covering politics, government and the courts: (f/32823-020596) A RESOLUTION memorializing the late John F. Gilbert. (For full text of Resolution, see Resolution Book No. 58, page 224.) ACTION: Mr. McCadden moved the adoption of Resolution No. 32823- 020596. The motion was seconded by Mr. Parrott and adopted by the IiI following vote: AYES: Council Members Wyatt, Bowles, Butler, McCadden, Parrott, White and Mayor Bowers --7. NAYS: None -----0. ZONING: Ordinance No. 32814 rezoning a tract of land located in the 1600 block of Wallace Avenue, S. W., Block 14, identified as Lots 13-17, inclusive, and Lots 20 and 21, Official Tax Nos. 3221712-3221716, inclusive, and Official Tax Nos. 3221719 and 3221720, from HM, Heavy Manufacturing District, to RM-1, Residential Multi-Family, Low Density District, subject to proffers contained in the First Amended Petition filed in the Office of the City Clerk on December 15, 1995, having previously been before the Council for its first reading on Tuesday, January 16, 1996, 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: 266 ACTION: ACTION: (#32814-020596) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 322, .~...fional 1976 Zone Map, City of Roanoke, to rezone certain property w~thin the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 58, page 213.) Mrs. Bowies moved the adoption of Ordinance No. 32814020596. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members VVyatt, Bowies, Butler, McCadden, Parrott, White and Mayor Bowers ......... 7. NAYS: None ZONING: Ordinance No. 32615 amending the previous proffered conditions approved pursuant to Ordinance No. 24898, in conjunction with the rezoning of a parcel of land containing 49.23 acres located at the northwest coroer of the intersection of Narrows Lane, S. W., and Van Winkle Road, Official Tax No. 5460101, from C-1, Office District, and RM-2, Residential Multi-Family District, to C-1, Office District, all of said tract bein. g subject to proffers contained in the Third Amended Petition filed m the Office of the City Clerk on December 22, 1996, having previously been before the Council for its first reading on Tuesday, January 16, 1996, read and adopted on its first reading and laid over, was again before the body, Dr. Butler offering the following for its second reading and final adoption: (#32816-020596) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 546, Sectional 1976 Zone Map, City of Roanoke, in order to repeal certain conditions presently binding upon certain property previously conditionally rezoned, to rezone certain property within the City, and to subject certain property to conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 58, page 215.) Dr. Butler moved the adoption of Ordinance No. 32515-020596. The motion was seconded by Mr. McCadden and adopted by the following vote: 267 AYES: Council Members Wyatt, Bowies, Butler, McCadden, I Parrott, White and Mayor Bowers ... 7. NAYS: None 0. ZONING-STREETS AND ALLEYS: Ordinance No. 32816 amending a previous proffered condition approved pursuant to Ordinance No. 27204 in conjunction with the rezoning of a parcel of land located at 1919 Tenth Street, N. W., described as Official Tax No. 2060534, to reflect the following proffers: (1) the structures presently erected as the rezoned property will be painted and repaired, and the surrounding areas will be landscaped and maintained as shown on a site plan dated August 8, 1984, attached as Exhibit D to the petition filed in 1984, and considered by Council on September 24, 1984, (2) outdoor advertising signage on the property will continue on the existing boards without any increase in size or number of outdoor advertising boards, and (3) the structures presently erected on the rezoned property will not be enlarged or expanded; new structures will not be erected upon said premises, nor will the present use of said buildings be changed, having previously been before the Council for its first reading on Tuesday, January 16, 1996, 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: (~/32816-020596) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 206, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned LM, Light Manufacturing District. (For full text of Ordinance, see Ordinance Book No. 58, page 216.) ACTION: Mr. McCadden moved the adoption of Ordinance No. 32816- 020596. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Butler, McCadden, Parrott, White and Mayor Bowers .............. 7. NAYS: None 268 ACTION: ACTION: ZONING-LANDMARKS/HIST. PRESERVATION: Ordinance No. 32817 zoning certain properties in the Gains_l~. r.o. neighborhood as.an oveday H-2, Neighborhood Preservation D,stnct, such properties generally being located east of Jefferson Street, north of Wells Avenue, and south of Patton Avenue, and designated as Official Tax Nos. 3011401 - 3011411, inclusive, 3011413 - 3011423, inclusive, 3011425 - 3011437, inclusive, 3014010, 3012801 - 3012827, inclusive, 3012846, and 2011002, having previously been before the Council for its first reading on Tuesday, January 16, 1996, 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: (//32817-020596) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 301 and Sheet No. 201, Sectional 1976 Zone Map, City of Roanoke, to designate certain property within the City as H-2-, Neighborhood Preservation District. (For full text of Ordinance, see Ordinance Book No. 88, page 219.) Mr. Parrott moved the adoption of Ordinance No. 32817-020596. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Butler, McCadden, Pan. off, White and Mayor Bowers ................... 7. NAYS: None STREETS AND ALLEYS: Ordinance No. 32818 permanently closing, without vacation, Belle Aire Circle, S. W., at its intersection with Brandon Avenue, having previously been before the Council for its first reading on Tuesday, January t6, 1996, 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: (#32818-020596) AN ORDINANCE authorizing the closing, without vaca~on, of 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. 58, page 219.) Ms. Wyatt moved the adoption of Ordinance No. 32818-020596. The motion was seconded by Mrs. Bowies and adopted by the following vote: 269 AYES: Council Members Wyatt, Bowies, Butler, McCadden, I Parrott, White and Mayor Bowers 7. NAYS: Nono ....... 4). Mr. Richard F. Guerrant, 4107 Belle Aire Circle, S. W., appeared before Council in support of closing the right-of-way. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: CITY EMPLOYEES-SNOW REMOVAL: Council Member White commended the City Manager and his staff on recent snow and ice removal efforts in the City. OTHER HEARINGS OF CITIZENS: None. At 3:45 p.m., the Mayor declared the meeting in recess. At 4:40 p.m. the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the excepffon of Council Member Bowles, who left the meeting prior to the Executive Session. ACTION: COUNCIL: With respect to the Executive Session just concluded, Dr. Buffer 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 m=cting 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 Wyatt, Butler, McCadden, Parrott, White and Mayor Bowers ..................... ~. NAYS: None (Council Member Bowies was absent.) 270 ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-ROANOKE CiViC CENTER: The Ma. yor advised that there is a vacancy on the Roanoke Civic Center Commission created by the resignation of Melinda J. Payne and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Evangeline B. Jeffrey. There being no further nominations, Ms. Jeffrey was elected as a member of the Roanoke Civic Center Commission to fill the unexpired term of Melinda J. Payne, resigned, ending September 30, 1997, by the following vote: FOR MS. JEFFREY: Council Members Wyatt, Butler, McCadden, Parrott, White and Mayor Bowere~---~ ........... ~ ............ ----6. (Council Member Bowles was absent.) COMMITTEES-COUNCIL-HOUSING/AUTHORITY: The Mayor advised that it is necessary to appoint a Council liaison to serve on the City of Roanoke Redevelopment and Housing Authority due to the resignation of Council Member Unda F. Wyatt and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Dr. Wendell H. Butler. There being no further nominations, Dr. Butler was elected as Council's liaison to the City of Roanoke Redevelopment and Housing Authority, for a term ending June 30, 1996, by the following vote: FOR DR. BUTLER: Council Members Wyatt, McCadden, Parrott, White and Mayor Bowers .............................. ---5. (Council Member Bowles was absent.) (Council Member Butler abstained from voting.) OATHS OF OFFICE-COMMITTEES-PLANNING-COUNCIL.FIFTH PLANNING DISTRICT COMMISSION-ROANOKE ARTS COMMISSION- AUDIT COMMITTEE-BUDGET-WAR MEMORIAL COMMITTEE-HOUSING/ AUTHORITY: In view of the resignation of Vice-Mayor John S. Edwards, as a member of the Roanoke City Council, effective December 31, 1995, the Mayor called attention to certain vacancies on various committees; 271 _ whereupon, Dr. Wendell H. Butler was appointed as a member of the m following commissions and committees for terms ending June 30, 1996: Fifth Planning Distdct Commission Roanoke Arts Commission Audit Committee Budget and Planning Committee City Council's Personnel Committee War Memorial Committee Housing Strategy Task Force OATHS OF OFFICE-COMMITTEES-COUNCIL-ECONOMIC DEVELOPMENT: The Mayor advised that there is a vacancy on the Economic Development Commission created by the resignation of John S. Edwards and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Linda F. Wyatt. m ACTION: There being no further nominations, Ms. Wyatt was elected as a member of the Economic Development Commission to fill the unexpired term of John S. Edwards, resigned, ending June 30, 1997, by the following vote: FOR MS. WYATT: Council Members Butler, McCadden, Parrott, White and Mayor Bowers ............................. 5. (Council Member Bowles was absent.) (Council Member Wyatt abstained from voting.) COMMITTEES-COUNCIL-LEGISLATION: The Mayor advised that there is a vacancy on the Legislative Committee created by the resignation of John S. Edwards and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Linda F. Wyatt. There being no further nominations, Ms. Wyatt was elected as a member of the Legislative Committee, to replace John S. Edwards, resigned, by the following vote: m 272 ACTION: FOR MS. WYATT: Council Members Butler, McCadden, Parrott, White and Mayor Bowers ........................... -.-5. (Council Member Bowles was absent.) (Council Member W~jatt abstained from voting.) COMMITrEES-COUNCIL-VIRGINIA TRANSPORTATION MUSEUM: The Mayor advised that there is a vacancy on the Virginia Museum of Transportation Board of Directors created by the resignation of John S. Edwards and called for nominations to fill the vacancy. Mr. VVhite placed in nomination the name of John H. Parrott. There being no further nominations, Mr. Parrott was elected as a member of the Virginia Museum of Transportation Board of Directors by the following vote: ACTION: FOR MR. PARROTT: Council Members Butler, McCadden, Parrott, White and Mayor Bowers ................... 5. (Council Member Bowles was absent.) (Council Member Parrott abstained from voting.) There being no further business, the Mayor declared the meeting adjoumed at 4:45 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 273 REGULAR WEEKLY SESSION---ROANOKE CITY COUNCIL February 20, 1996 12:30 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 216 Church Avenue, S. W., City of Roanoke, on Tuesday, February 20, 1996, at 12:30 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular Meetinas. of Section 2-15, Rules of Procedure. Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Elizabeth T. Bowles, Wendell H. Butler, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ........................... 5. ABSENT: Council Members Delvis O. McCedden and John H. Parrott ....... 2. OFFICERS PRESENT: W. Robert Herbert, City Manager;, James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attomey; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. GREENWAY SYSTEM: John R. Marlles, Chief, Community Planning and Development, pre. sented a briefing with regard to the I Roan.oke Valley.Greenways project. He advis.e.d that the Greenw.ays Steering Comm,ttee was appointed by Council and other governing bodies in the Roanoke Valley in December 1994, and over the past 14 months, the Greenways Committee has been active with its charge to develop a regional conceptual greenways plan which has been completed in draft form, to identify a pilot project, and to recommend an organizational structure for CmTying forward the greenways implementation process. He presented a video on development of the Roanoke Valley regional conceptual greenways/greenways pilot project. Eugene C. Whitesell, Landscape Architect, Hill Studio, P. C., presented an overview of the pilot project, the Mill Mountain Greenways, which was selected by the Open Space Greenways Steering Committee in November 1995, as the first pilot project in the Roanoke Valley that will eventually link downtown Roanoke to Explore Park in Roanoke County. He advised that the Steering Committee selected two destination points, downtown Roanoke and Explore Park, as goals that they wished to achieve in the greenways study, with strong destinations including downtown Roanoke, the City Market area, The Hotel Roanoke & Conference Center, Mill Mountain and eventually I Explore Park. 2 74 ACTION: ACTION: Mr. Marlles advised that the City of Roanoke submitted an application for Intermodal Surface Transportation .Efficienc.y Act funding for the gresnways project, and over 36 organ,zations ,n the Roanoke Valley supported the application, with private businesses contributing $100,000.00 in cash and in-kind contributions representing the requested local match. W'rthout objection by Council, the Mayor advised that the briefing would be received and filed. TAXES-REAL ESTATE VALUATION: Willard N. Claytor, Director, Real Estate Valuation, advised that some members of Council have raised questions with regard to the assessment of real property in the City of Roanoke; whereupon, he presented a video entitled, "Fair Property Tax - The Assessor's Work', which explains certain of the basic principles of the real property tax and its administration by the Assessor. He reviewed a document with regard to Advantages of the Real Property Tax, Characteristics of A Good Assessment Program, and Real Property Tax Base and Levy. He also reviewed Legislative Guidelines, Real Estate Assessment, Department of Taxation Ratio Study, Five Year Annual Change from Reassessment Compared to the Fiscal Year Consumer Price index, Preferential Tax Relief Programs, and Assessment Appeals. (See abovereferenced document on file in the City Clerk's Office.) There was discussion with regard to the State's educational funding formula and its relationship to the assessment of real property in the City; whereupon, the Director of Real Estate Valuation was requested to confer with appropriate school officials to discuss infor,~ation on the real property assessment process and to provide Council with an informal report on the impact, if any, to the State's educational funding formula as applied to the City of Roanoke. Without objection by Council, the Mayor advised that the briefing would be received and filed. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 1:35 p.m., the Mayor declared the meeting in recess until 2:00 p.m. 275 At 2:00 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and the following Members of the Council in attendance: PRESENT: Council Members Elizabeth T. Bowies, Wendell H. Butler, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ............... -5. ABSENT: Council Members Delvis O. McCadden and John H. Par~ott ........... - ...................... 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 Mmy F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend G. Emsst 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. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for Executive Sessions to discuss a matter relating to disposition of City-owned property in the downtown area; and to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the 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 the 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.) 276 ACTION: ACTION: Mrs. Bowies moved that Council concur in the request of the May.or to convene in Executive Session to discuss personnel matters relafin.g to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Bowies, Butler, White, Wyatt and Mayor Bowers ...... ~ .............. 5. NAYS: None. (Council Membere McCadden and Parrott 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 relating to disposition of City-owned property, specifically the possible sale of City-owned property in the downtown area, pursuant to Section 2.1-344 (A)(3), Code of Virginia (t950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies n¥?ved that Council concur in the request of the City Manager to convene m Executive Session to discuss a matter relating to disposition of City-owned property, specifically the possible sale of City.owned property in the downtown area, pursuant to Section 2.1-3~.~ (AX3), Code of Virginia (1950), as amended. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Bowles, Butler, White, Wyatt and Mayor Bowers ...... ] ................ ; ......... 5. NAYS: None .............................. . ............ -0. (Council Members McCadden and Parrott were absent.) BUDGET-NEWSPAPERS.CITY INFORMATION SYSTEMS-CABLE TELEVISION-COUNCIL: A report of the City Manager with regard to improving communications with the citizens of the City of Roanoke, through cablecasting City Council meetings, E-mail and .computedza~on of City Council agendas, and publication of a City Page m a local newspaper, was before the body. 277 ACTION: Mm. Bowies moved that the matter be removed from the Consent Agenda for discussion as a separate item. The motion was seconded by Dr. Butler and adopted. BUDGET-CITY EMPLOYEES-PERSONNEL DEPARTMENT: A report of the City Manager advising that personnel lapse is generated due to employee turnover and vacancies in various City departments; for the current fiscal year, salary savings of $785,000.00 are projected as a result of vacancies; and the following figures represent the status of personnel lapse for fiscal year 1995-96 as of December 31, 1995, was before Council. General Fund: Total Budgeted Personnel Lapse ($785,000.00) Net Adjusted First Quarter Reduction $220,500.00 Second Quarter Personnel Lapse Generated October $108,539.00 November 128,199.00 December 74.212.00 $310.950.00 Less Revenue Adjustment ( 81,710.00~ Net Second Quarter Reduction Total Personnel Lapse Reduction 229.240.00 ~149,740.00 Personnel Lapse Balance Remaining After Second Quarter ($335.260.00~ (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 motion was seconded by Dr. Butter and adopted by the following vote: AYES: Council Members Bowles, Butler, White, Wyatt and Mayor Bowers ................................. 5. NAYS: None .............................................. -0. (Council Members McCadden and Parrott were absent.) 278 ACTION: LIBRARIES-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Gloria P. Manns as a member of the Roanoke Public Library Board to fill the unexpired term of Zamen K. McManaway, resigned, ending June 30, 1996; Brenda L. McDaniel as a member of the Roanoke Public Library Board for a term ending June 30, 1998; and Brooke M. Parrott as a member of the Roanoke Public Library Board to fill the unexpired term of Caroline M. Brown, deceased, ending June 30, 1997. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the reports of qualification be received and filed. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Bowies, Butler, White, Wyatt and Mayor Bowers. J ................................... 5. NAYS: None ............................................. -0. ~ (Council Members McCadden and Pan'off were absent.) BUDGET-N~PAPERS-CITY INFORMATION SYSTEMS-CABLE TELEVISION-COUNCIL: A report of the .City Manager advising that Council has made a commitment to enhanc,ng its communication with the citizens of Roanoke and requested that the following concepts be researched, was before the body. broadcasting the Roanoke City Council meetings on the govemment/education access channel, RVTV, Channel 3; developing a system that would allow the Council agenda and re. ports to be .place.d. on a computer system, accasslble by electron,c me,I; and communicating directly with citizens through the concept ,n th. d.,y n--..r. 279 With regard to cablecasting City Council me.etings, the City Manager recommended that th.e regul.ar 2:00 p.m. of Council, meetln.g.s as well as the 7:00 p.m. publ,c heanngs, be cablecast I,ve on RVTV; rebroadcast the meetings at 7:00 p.m. on the Thursday after each meeting; and initiate the cablecasting of Council meetings at the 2:00 p.m. meeting on May 20, 1996. It was explained that Council has further requested that the City Administration explore the potential for electronic mail and computerization of City Council agendas; a staff team is being fo,,,,ed to assist with this work as part of the technology appropriation made by City Council on January 16, which team members will meet with Members of Council to help clarify and define City Council's needs as related to the agenda, as well as other benefits of the system; and in addition to assisting Council Members with receiving Council agendas and/or reports electronically, the team will also look at making such reports more readily accessible to the media and to citizens. It was pointed out that the City's Public Information Office has researched the idea of a City PaRe; as recommended to Council, Roanoke's City pare would be space purchased twice a month, on the Friday after each City Council meeting in The Roanoke Times and the information would also appear in the second and fourth Thursdays of the month in the Roanoke Tribune, the goal of which would be to: improve citizens' understanding of City services, programs and goals; consolidate City informational advertising into one area; establish a regular, written communication forum that can be relied upon to keep citizens up-to-dats on City business; and increase citizen involvement in City Government. The City Manager recommended that publication of the City PaQe begin on May 24, 1996, as a one-year pilot project, with an opportunity to review its effectiveness prior to the fiscal year 1997-98 budget; the May 1996 start-up will allow time to hire a part-time staff member to write stories, negotiate contracts with The Roanoke Times and the Roanoke Tribune, and to develop the page format and design; the per- '1 issue cost would be approximately $1,850.00 for the newspaper space, 28O ACTION: plus the salary for the part-time employee, estimated at $1,000.00; and the annual cost of the publication and salary, approximately $56,000.00, I would be included in the recommended budget for fiscal year 1996-97. (For full text, see report on file in the City Clerk's Office.) Following discussion of the report, Mr. White moved that Council concur !.n th.e. City Manager's recommendation with regard to cablecssfJng City Council meetings, E-mail and computerization of City Council agendas and that the matter of publication of a "City Page" in a local newspaper be referred to 1996-97 budget study for discussion. The motion was seconded by Mrs. Bowles and adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. OTHER HEARINGS OF CITIZENS: None. PETITIONS AND COMMUNICATIONS: BU. DGET-GRANTS-SCHOOLS-CMERP-EQUIPMENT: A communication from the Roanoke City School Board requesting that Council appropriate $219,626.00 from the 1995-96 Capital Maintenance and Equi.pmant Replacement Fund to be used for purchase of furniture and equ,pment for Jackson Middle School, repairs to buildings and equipment, and replacement of roofs at Fishbum Park Elementary and Addison Middle Schools; and further recommending appropriation of funds to the following school accounts, was before Council. Grant No. 6149 - $96,775.00 for the Title 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. 6820 - $293.00 for the 1996 Arts Incentive Grant to help stren~G,en the arts program at Highland Park Elementary School and to encourage innovative arts programs at the school. The Program is 100 per cent reimbursed by Federal funds and is a new grant program. 281 ACTION: ACTION: A report of the Director of Finance recommending that Council concur in the request of the School Board, advising that the appropriation of $219,626.00 is the sixth appropriation of the School Board's fiscal year 1995-96 Capital Maintenance and Equipment Replacement Program fund of $2,394,036.00, leaving an unappropriated balance of $412,948.00, 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: (#32830.022096) AN ORDINANCE to amend and reordaln certain sections of the 1995-96 School and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 68, page 236.) Ms. Wyatt moved the adoption of Ordinance No. 328304422096. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, Butler, White, Wyatt and Mayor Bowem ................ 5. NAYS: None ................................ -0. (Council Members McCadden and Parrott were absent.) PARKS AND RECREATION-TAXES-LEGISLATION-SPECIAL PERMITS: A petition from the Northwest Recreation Club, Inc., requesting adoption of a resolution in support of the organization's request to obtain tax-exempt status from the General Assembly of Virginia on property located at 1529 Williamson Road, N. E., identified as Lots 6, 13, 14, and 15, Block 1, Survey No. 1, Oakland, described as Official Tax Nos. 3070707, 3070714, 3070715 and 3070716, was before Council. (For full text, see petition on file in the City Clerk's Office.) Mrs. Bowles moved that the matter be referred to the City Manager for study, report and recommendation to Council. The motion was seconded by Dr. Butler and adopted. 282 REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-HUMAN DEVELOPMENT-DRUGS/SUBSTANCE ABUSE- GRANTS-FDETC: The City Manager submitted a written report advising that as a part of the U. S. Department of Housing and Urban Development (HUD) Entitlement Consolidated Plan application, approved by Council on May 8, 1995, pursuant to Resolution No. 32476- 050895, Council authorized a grant, in the amount of $10,000.00, in Community Development Block Grant (CDBG) funds for fiscal year 1995-96 for the Roanoke Valley Drug and Alcohol Abuse Council and its committees; Council approved execution of an agreement with the Roanoke Valley Student Trouble Center, Inc., for funding to provide staff support to the Drug Council and its committees utilizing $26,000.00 in CDBG funds in Account No. 035-094-9439-5209 available from the 1994-95 allocation of CDBG funds, pursuant to Resolution No. 320994)71194, adopted on July 11, 1994; Amendment No. 1, executed administratively on June 22, 1995, provided for co.n~nuation of the I agreement through August 15, 1995; and a roma,n;ng balance of $10,732.00 exists in Community Development Block Grant Account No. 035-094-9439-5209. It was explained that a temporary City employee has been hired to serve as staff for the Drug Council utilizing the $10,000.00 in fiscal year 1995-96 Community Development Block Grant funds; and the Roanoke Valley Drug and Alcohol Abuse Council has requested $8,6t8.00 in funds rsmeining in the previous 1994-95 CDBG Agreement for the Drug Council and its committees to be utilized for special training workshops, related expenses and operating expenses of the Drug Council and its committees. The City Manager recommended that Council authorize the Roanoke Valley Drug and Alcohol Abuse Council to utilize $8,618.00 in Community Development Block Grant funds from a previous 1994-95 CDBG Agreement in the current 1995-96 program year. (For full text, see report on file in the City Clerk's Office.) 283 ACTION: Dr. Butler offered the following resolution: (f/32831.022096) A RESOLUTION authorizing the execution of an amendment to the agreement with the Roanoke Valley Drug and Alcohol Abuse Council to utilize $8,618.00 remaining from its 1994-95 CDBG Agreement with the City of Roanoke. (For full text of Resolution, see Resolution Book No. 58, page 238.) Dr. Butler moved the adoption of Resolution No. 328314)22096. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowles, Butler, White, Wyatt and Mayor Bowers ............... 5. NAYS: Non= (Council Members McCadden and Parrott were absent.) BUDGET-RIVER PARKWAY/EXPLORE PARK-CULTURAL SERVICES COMMITTEE-PARKS AND RECREATION: A communication from the City Manager advising that a request from Explore Park for a fiscal year 1996-96 contribution was referred to him for consideration and evaluation; Council provided funding in the amount of $25,000.00 to Explore Park in fiscal years 1994-96 and 1995-96, and Explore Park has requested a contribution in the amount of $40,000.00 for the current fiscal year, was before the body. The City Manager transmitted a Council report recommending a contribution to Explore Park in the amount of $25,000.00 for the current fiscal year using General Fund contingency as the funding source; however, the City Manager stated that he did not think it was prudent to recommend increasing the City's contribution to Explore Park at this time for several reasons, viz: first, the City is in the process of identifying the cost of responding to the January and February snowfalls; based on available funding allocated for snow removal, the anticipated rsimbumement from the Federal govemment, and potential recovered cost revenue, the City will probably need to use General Fund contingency to pay for $231,315.00 in expanses associated with the January snowfall; and second, fiscal year 1996-97 funding requests from Explore Park and other cultural organizations will be evaluated by 284 ACTION: the Cultural Services Committee; and cultural organizations that currently receive contributions fr..om the City of Roanoke will move under the Cultural Services Cormnittes .umbrella at their current funding level for fiscal year 1996-97 contributions, which is being done in an attempt to ease the transition to a new procedure and methodology to evaluate funding requests from cultural agencies. The City Manager advised that it would be unfair to increase the City's contribution to Explore Park prior to moving the organization under the Cultural Services Committee umbrella when the City did not increase its contribution to any cultural organization that was allocated funding during the current fiscal year;, and cultural organizations will be able to compete for possible funding increases in fiscal year 1996-97. The City Manager recommended that Council approve funding in the amount of $25,000.00 for fiscal year 1995-96 for Explore Park, and transfer $25,000.00 from Contingency Account No. 001-002-9410-2199 to Explore Park, Account No. 001-002-7220-3758. (For full text, see report on file in the City Clerk's Office.) Following discussion of the request, Dr. Butler offered the following emergency budget ordinance: (#32832-022096) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 238.) Dr. Buffer moved the adoption of Ordinance No. 32832.022096. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, Butler, White, Wyatt and Mayor Bowers. ' ................................ 5. NAYS: None .................................... .0. (Council Members McCadden and Parrott were absenL) At this point, 2:45 p.m., the Assistant City Manager left the meeting. 285 PARKS AND RECREATION-TOURISM-ECONOMIC DEVELOPMENT-VISITOR'S INFORMATION CENTER: The City Manager submitted a written report advising that on July 11, 1995, Roanoke City Council and the Roanoke County Board of Supervisors held a joint meeting to discuss areas of cooperation; as a result of the joint meeting, an ed-hoc committee was formed to review five proposed sites for a VIsitor's Information Center; Council Member Unda F. Wyatt was appointed to the committee by the Mayor to represent Roanoke City Council; and Phillip F. Sparks, Chief, Economic Development, was appointed by the City Manager to represent the City Administration. It was further advised that the ad hoc committee reviewed and visited each of the five sites; and Site No. 5, located on the Roanoke River Parkway near the former baler building that was located on the now closed regional landfill, was selected as the best choice. The City Manager recommended that Council adopt a resolution in support of a VIsitor's Information Center located at Site No. 5 to serve tourists travelling the Blue Ridge Parkway. (For full text, see report on file in the City Clerk's Office.) i Ms. Wyatt offered the following resolution: (#32833-022096) A RESOLUTION supporting the location of a Visitor's Information Center near the Blue Ridge Parkway. (For full text of Resolution, see Resolution Book No. 58, page 239.) ACTION: Ms. Wyatt moved the adoption of Resolution No. 32833-022096. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, Butler, White, Wyatt and Mayor Bowers ......... _ ..... _ ............. 5. NAYS: None ............................. -0. (Council Members McCadden and Parrott were absent.) 286 ACTION: COMMITTEES-THE NEW CENTURY COUNCIL-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that The New Century Council has requested that the City of Roanoke become a formal partner by accepting the seven major vision statements adopted by New Century Council volunteers and approved by The New Century Council Board, and by working with The New Century Council to achieve that vision; agreement with the 150-plus detailed strategies developed during the visioning process is not necessary; and as a partner, the City may then nominate representatives to serve on the seven vision implementation committees. (See vision statements attached to the report.) The City Manager recommended that Council concur in the following actions: approve a resolution endorsing the seven vision statements developed by The New Century Council for the New Century Region; advise the City Manager of any individuals Council would like to nominate for the seven vision implementation committees; and Counc,I of the City's desire to participate ,n the process and the names of the individuals that will represent the City on the implementation committees. (For full text, see report on file in the City Clerk's Office.) Dr. Butler offered the following resolution: (~32834-022096) A RESOLUTION expressing the intent of the City of Roanoke to be a partner organization in The New Century Council and concurring in The New Century Vision for Western Virginia. (For full text of Resolution, see Resolution Book No. 58, page 240.) Dr. Butler moved the adoption of Resolution No. 32834-022096. The motion was seconded by Mrs. Bowies and adopted by the following vote: ill 287 AYES: Council Members Bowies, Buffer, Whita, Wyatt and Mayor Bowers ........... 5. NAYS: Non= .......... O. (Council Members McCadden and Parrott were absent.) Beverly T. Fitzpatrick, Jr., Executive Director, The New Century Council, appeared before Council in support of the City Manager's report. TRAFFIC-STATE HIGHWAYS-PUBLIC WORKS-STREETS AND ALLEYS: The City Manager submitted a written report advising that the Code of Virginia establishes the eligibility criteria of localities for receiving funds from the Virginia Department of Transportation (VDOT) for street maintenance; the Code specifies two functional classifications of highways (Principal/Minor Arterials and Collector/ Locals) and establishes a base payment rate per lane mile for each classification of roadway, which rates ara adjusted annually by VDOT based upon a Statawide maintenance index of unit costs for labor, equipment and materials used by VDOT on roads and bridges; and City eligibility for fiscal year 1995-96 is approximately $7,263,971.00 in street maintenance payments. 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; City staff has found that the list of streets should be submitted to VDOT before April 1, 1996, to enable eligibility for payment in the next fiscal year; and approval of the addition to the street inventory could add $2,460.00 at current year payment rates, which changes have occurred within the past year. The City Manager recommended that he be authorized to submit the list of streets 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.) Mrs. Bowies offered the following resolution: (#328354)22096) A RESOLUTION authorizing the City Manager to submit a street inventory for State maintenance payment eligibility I to the Virginia Department of Transportation (VDOT), upon forms 288 ACTION: proscribed by VDOT for approval by the Commonwealth Transportation Board in order to ensure the City's eligibility for an increase in State maintenance funds. (For full text of Resolution, see Resolution Book No. 58, page 242.) Mrs. Bowles moved the adoption of Resolution No. 32835-022096. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Bowies, Butler, White, Wyatt and Mayor Bowers .................. 5. NAYS: None (Council Members McCadden and Parrott were absent.) DIRECTOR OF FINANCE: BUDGET-SEWERS AND STORM DRAINS-BUILDINGS/BUILDING DEPARTMENT-SIDEWALK/CURB AND GUTTER-PARKS AND RECREATION-BRIDGES-CITY EMPLOYEES-CAPITAL IMPROVEMENTS PROGRAM-ECONOMiC DEVELOPMENT-SCHOOLS-STREETS AND ALLEYS: The Director of Finance submitted a written report advising that the City's 1996 general obligation public improvement bonds have been issued and the proceeds are available for appropriation; and funding of $31.3 million needs to be appropriated to Capital Improvement Reserve group of accounts in the Capital Projects fund, "Public Improvement Bonds - Series 1996". The Director of Finance recommended that Council appropriate $31.3 million of 1996 bond proceeds to the Capital Projects fund account entitled, "Public Improvement Bonds - Series 1996", as follows: $7,170,000.00 to Account No. 008-052-9701-9182 for public education; $9,338,000.00 to Account No. 008-052-9701-9191 for streets and sidewalks; $5,246,000.00 to Account No. 008-052-9701-9190 for bridges; 289 ACTION: $4,633,000.00 to Account No. 0084)52-9701-9183 for buildings; $1,600,000.00 to Account No. 0084)52-9701-9176 for storm drains; $1,500,000.00 to Account No. 0084)52-9701-9180 for parks; $1,000,000.00 to Account No. 008-052-9701-9192 for employee parking; and $813,000.00 to Account No. 0084)52-9701-9178 for economic development. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (f~328364)22096) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 242.) Mr. White moved the adoption of Ordinance No. 328364)22096. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowles, Butler, White, W~jatt and Mayor Bowers ................................. 5. NAYS: None (Council Members McC~dden and Pan'off were absent.) BUDGET-HOUSING/AUTHORITY-GRANTS-HOTEL ROANOKE CONFERENCE CENTER-WILMAMSON ROAD PARKING GARAGE- ECONOMIC DEVELOPMENT: 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; 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; the Housing 290 Authority is required to transfer program income to the City of ,_ Roanoke, which .is required to use the income for community development actiwties; and the Housing Authority has made payments to the City in the amount of $345,547.00 from February 1, 1995 through January 31, 1996, for the following program income: $214,353.00 for the sale of land in Gainsboro, Deanwood, Shaffera Crossing and on Wells Avenue, N. E.; and $131,194.00 in other program income in excess of income previously appropriated, with other program income primarily received from loan repayments and parking lot rentals. It was further advised that the City has received the following miscellaneous program income: $8,233.00 in interest earned f~om February 1, 1995 through March 23, 1995 on the remaining unexpended Hotel Roanoke 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; $116,745.00 in rental income from the Williamson Road Garage for fiscal year 1994-95 and 1995-96; and $18,616.00 in other program income relating to TAP-SRO loan repayments and other loan repayments, which is the difference between what was previously appropriated and actually received. The Director of Finance recommended that Council appropriate $488,141.00 in program income as follows: $8,233.00 to Account No. 035-094-9430-5135, Hotel Roanoke Section 108 Interest; $37,050.00 to Account No. 035-094-9440-5182, Unprogrammed CDBG - Williamson Road Garage; $6,297.00 to Account No. 035-094-9440-5192, Unprogrammed CDBG - Home Purchase Assistance 291 ACTION: $145,166.00 to Account No. 035-094-9440-5197, Unprogremmed CDBG - RRHA; $109,515.00 to Account No. 035-094-9440-5189, Unprogremmed CDBG - Other; $78,695.00 to Account No. 038-095-9540-5182, Unprogrammed CDBG - Williamson Road Garage; and $103,185.00 to Account No. 035-095-9540-5189, Unprogrammed CDBG - Other. (For full text, see report on file in the City Clerk's Office.) Dr. Butler offered the following emergency budget ordinance: (~f32837-022096) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 243.) Dr. Butler moved the adoption of Ordinance No. 32837-022096. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, Butler, White, INyatt and Mayor Bowers ................................ -5. NAYS: None (Council Members McCadden and Parrott were absent.) CITY CODE-TAXES-BILLINGS AND COLLECTIONS-ROANOKE CIVIC CENTER-MUNICIPAL AUDITOR: The Director of Finance submitted a written report advising that Section 32-221, Code of the City of Roanoke (1979), as amended, provides that admissions tax remittance should be made "on or before the twentieth day of each month covering the amount of tax collected during the preceding month", or under certain circumstances on a quarterly basis; the Roanoke Civic Center reports taxes collected after the event has been held, called "event settlement", rather than on the 20th day of the month following the event, for events that may have had season ticket 292 ACTION: sales or advance ticket sales; taxes due are calculated at event settlement as a practical matter and as standard industry practice for civic centers; other persons responsible for remit'dng admissions taxes have requested approval ;,-c~m Billings and Collections to remit payment after the event has been held; and, in the case of season ticket sales, payment may not always be on the 20th of the month following ticket sales and collections of taxes. It was further advised that the Municipal Auditor conducted an audit on the Roanoke Civic Center operations and noted that the City Code does not authorize tax remittance after event settlement for advance ticket sales or season ticket sales; and a change to the City Code to allow for tax remittance on the 20th of the month following the date of the event, with written approval from the Director of Finance or his dssigr.::, would allow continuation of current, practical procedures and continue ease of collection. The Director of Finance recommended that Council authorize an amendment to the City Code to provide for payment of admissions taxes either on the 20th of the month following the collection of taxes, on the 20th of the month alter an event has been held, or on a quarterly basis, with written approval of the Director of Finance or his designee. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: (f/32838-022096) AN ORDINANCE amending subsections (a) and (b) of ~32-221, Rermrt and remittance, of Article IX. Admissions Tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, to allow with written approval of the Director of Finance or his designee remittance of admission taxes by the twentieth of the month following the date of the event or on a quarterly basis; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 246.) Ms. Wyatt moved the adoption of Ordinance No. 32838-022096. The motion was seconded by Mr. White and adopted by the following vote: 1 293 AYES: Council Members Bowles, Butler, White, Wyatt and Mayor Bowers NAYS: None, (Council Members McCadden and Parrott were absent.) CITY ATTORNEY: PURCHASE/SALE OF PROPERTY-CITY PROPERTY-HOUSING/ AUTHORITY-FIRST UNION NATIONAL BANK: The City Attorney submitted a written report advising that the First Union Tower Building, as originally developed by Faison Roanoke Office Limited Partnership (Faison), was structured so that the City would own the first three levels of the parking deck, and the Roanoke Redevelopment and Housing Authority would own the upper three levels of the parking deck; and all property above and below the perking deck is owned by current owners of the building. It was further advised that when conveying the parking deck levels to the City and the Housing Authority, legal descriptions used were based upon the elevations given by the surveyor; upon reexamination of the survey in anticipation of refinancing the First Union Tower, it has been determined that the original survey was incorrect; elevation of the parking levels is incorrect by six to eight feet; consequently, all of the elevations as described in the deed conveying the parking deck levels to the City and the Housing Authority ars incorrect; and counsel for Faison has requested the City's assistance in correcting the matter; whereupon, the City Attorney recommended adoption of an ordinance which will authorize the following actions: revision of the deed conveying the property to the City using the correct legal description; conveyance by quitclaim deed of the City's interest in the incorrectly described portions of the First Union Tower Building; and modification of the Reciprocal Operating Agreement. 294 ACTION: The City Attomey further recommended that Council authorize moaP~...pd? City officials to execute the necessary quitclaim deed and d,fication agreement end authorize acceptance of the correctly described first three levels of the parking deck in the First Union Tower Building. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency ordinance: (#32839-022096) AN ORDINANCE authorizing the appropriate City officials to execute a quitclaim deed, modification agreement, and other necessary documents, in connection with correcting the legal description of the parking deck levels in the First Union Tower Building; authorizing acceptance of a deed conveying the correctly described first three levels of the parking deck of the First Union Tower Building to the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 247.) Mrs. Bowies moved the adoption of Ordinance No. 32839-022096. The motion was seconded by Dr. Buffer and adopted by the following vote: AYES: Council Members Bowies, Buffer, White, Wyatt and Mayor Bowers ...... : ....................... 5. NAYS: None ......................................... -0. (Council Members McCadden and Parrott were absent.) REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: COUNCIL-HOTEL ROANOKE CONFERENCE CENTER: Mr. White offered the following resolution changing the time and place of the meeting of City Council scheduled to be held at 12:30 p.m., Monday, March 4, 1996, to be rescheduled for 12:00 noon on that date in the 295 ACTION: Pocahontas Room, The Hotel Roanoke & Conference Center, with the 2:00 p.m. session nftha Council on the same date to be held in the City Council Chamber, 215 Church Avenue, S. W. (~32840-02.2096) A RESOLUTION changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:30 p.m., on Monday, March 4, 1996. (For full text of Resolution, see Resolution Book No. 58, page 249.) Mr. White moved the adoption of Resolution No. 32840-022096. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowies, Butler, White, Wyatt and Mayor Bowers ................................... --5. NAYS: None (Council Members McCadden and Parrott were absent.) BILLINGS AND COLLECTIONS-LEASES-WATER RESOURCES- COMMONWEALTH OF VIRGINIA BUILDING: Ordinance No. 32829 authorizing a Supplemental Lease Agreement extending for a one year term from February 1, 1996 through January 31, 1997, the lease agreement dated July 15, 1985, with the United States of America for use of space in the Commonwealth of Virginia Building by the Bankruptcy Court, as more fully set forth in a report to the Council dated February 5, t996, from the Water Resources Committee, having previously been before the Council for its first reading on Monday, February 5, 1996, 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: (#32829-022096) AN ORDINANCE authorizing the appropriate City officials to enter into a Supplemental Lease Agreement between the City and the United States of America, for use of space in the Commonwealth of Virginia Building by the Bankruptcy Court, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 58, page 235.) 296 ACTION: ACTION: Mr. White moved the adoption of Ordinance No. 328294)22096. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowles, Buffer, INhite, Wyatt and Mayor Bowers ............ 5. NAYS: None (Council Members McCadden and Parrott were absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: BUDGET-POLICE DEPARTMENT-SEWERS AND STORM DRAINS- FIRE DEPARTMENT-CITY EMPLOYEES-WATER RESOURCES: Council Member Wyatt inquired as to the status of a report of the City Manager with regard to exploring other altematives of recognizing firefighters, police officers, water and sewer employees, and others in regard to holiday leave, and to provide information on the cost to the City to compensate those employees who work holidays at the rate of time and one-half, which request for information was made at the City Council meeting on Monday, October 23, 1995; whereupon, with Councirs concurrence, the City Manager advised that a report will be presented to Council during fiscal year 1996-97 budget study. ACTS OF ACKNOWLEDGEMENT-HOUSING/AUTHORITY-CENTER IN THE SQUARE: Council Member Bowles advised that the U. S. Department of Housing and Urban Development Mega Cities Project has rated Center In The Square as one of 25 national HUD winners for its innovative approach to urban revitalization; whereupon, Mrs. Bowles moved that the City Attorney be requested to prepare the proper measure, commending Cent? In The Square on its outstanding accompl,shments. The motion was seconded by Dr. Butler and adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 3:00 p.m., the Mayor declared the meeting in recess. 297 ACTION: ACTION: 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 Members McCaddan and Parrott- COUNCIL: With respect to the Executive Session just concluded, Dr. Butler 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 Bowles, Butler, White, Wyatt and Mayor Bowers ................................... 5. NAYS: None (Council Members McCadden and Parrott were absent.) COMMITTEES-LEAGUE OF OLDER AMERICANS: The Mayor advised that the term of office of Corinne B. Gott as the City's representative to the League of Older Americans will expire on February 28, 1996, 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 League of Older Americans, for a term ending February 28, 1997, by the following vote: FOR MS. GOTT: Council Members Bowles, Butler, White, Wyatt and Mayor Bowers ................... 5. (Council Members McCadden and Parrott were absent.) COMMITTEES-SPECIAL EVENTS: The Mayor advised that there is a vacancy on the Special Events Committee created by expiration of the term of office of Samuel A. Garrison and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Dorothy L. Bull. 298 1 ACTION: ACTION: There being no further nominations, Ms. Bull was elected as a member of the Special Ev.e.nta Committee, for a term ending June 30, 1996, by the following vote. ~ FOR MS. BULL: Council Members Bowles, Buffer, Wltite, Wyatt and Mayor Bowem. '--- - ..................... -5. (Council Members McCadden and Parrott were absent.) COMMITTEES-CULTURAL SERVICES COMMITTEE: Pursuant to Ordinance No. 32790-121895. adopted, by the Council on Mort.day, December 18, 1995, authorizing appointment of a Cultural Services Committee, the Mayor opened the floor for nominations. Ms. Wyatt placed in nomination the names of Augusta E. Farrier and William L. Lee. Dr. Buffer placed in nomination the names of Beverly A. James and Frances L. Keen. J There being no further nominations, Ms. Farrier Mr. ~-- u, amee...a~l Ms. Keen were elected as members of the Cu' ~'"~'"""' C · Itural Services ommlttee, for terms end,rig June 30, 1997, by the following vote: FOR MS. FARRIER, MR. LE.E., MS. JAMES AND MS. KEEN: Council Members Bowies, Butler, Wh,te, Wyatt and Mayor Bowers---$. (Council Members McCadden and Parrott were absent.) OATHS OF OFFICE'?OMMITTEES-BUILDINGS/BUILDiNG DE..P.A. RTM_ENT: The Mayor ,dv,sed that there is a vacancy on the u.u?d.,ng Code of Appeals Bo?d, Volume I (Build. ing Maintenance D,~nmon!, created by the resignation of Howard S. Ch,ldress and called for nom, nations to fill the vacancy. Mrs. Bowies placed in nomination the name of Tommy L. Dowdy. There being no further nominations, Mr. Dowdy was elected as a m. ember of the.Building Code of Appeals Board, Volume I (Buildin Ma,nte. nance Diwsion), for a term endin- No,.~.-.~..-- -^ ~-~ ..... g following vote: = -~,,,,,=, ,u, zuuu, Dy me 299 ACTION: FOR MR. DOWDY: Council Members Bowies, Butler, White, Wyatt and Mayor Bowers --5. (Council Members McCadden and Parrott were absent.) At 3:50 p.m., the Mayor declared the meeting in recess until 7:00 p.m. At 7:00 p.m., the meeting rsconvened in the Council Chamber, with the following Council Members in attendance, and Mayor Bowers presiding: PRESENT: Council Members Elizabeth T. Bowies, Wendell H. Butler, Delvis O. McCadden, Linda F. Wyatt and Mayor David A. Bowers ........................... 5. ABSENT: White, Sr. Council Members John H. Parrott and William OFFICERS PRESENT: W. Robert Herbert, City Manager; Steven J. Talevi, Assistant City Attorney; James D. Grlsso, 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 representatives of Boy Scout Troop No. 2 from Raleigh Court PrssbyterJan Church. PRESENTATIONS: CITrTEN OF THE YEAR: On behalf of the Members of the Roanoke City Council, the Mayor recognized Charles W. Hancock, Roanoke's 1995 Citizen of the Year. The Mayor advised that Mr. Hancock was selected for this designation because of his numerous community projects and civic activities. (For full text, see remarks of Mayor David A. Bowers on file in the City Clerk's Office.) 300 ACTION: d'- . The Ma. yo.r unve. iled the Citizen of the Year Plaque which ,spmym3 a photograph of Mr. Hancock with the inscription, "1995 Citizen of the Year", and preeented him with a lized I . a "~=- ,-- ,,-- ,":,- ...... persona p aque. and ~:.-z .,v u,, ~.,~y In nonor o!* fils many achievements and contributions. He also presented a "crystal star", which is symbolic of the star on Mill Mountain, to Mrs. Hancock and welcomed other members of the Hancock family. HEARING OF CITIZENS UPON PUBLIC MATTERS: LANDMARKS/HIST. PRESERVATION-ARCHITECTURAL REVIEW BOARD:. A communication from David C. Helsch,~r A,,,,,,,, representing the Episcop.al. Diocese of S.outhwestem ~'~gi'~i'~'~'~"'.t~ regard .t.o ap.p. ealing a dec,mon of the Arch,tectural Review Board, m connection w~th structures located at 1010 and 1014 First Street, S. W., was before Council. Mr. H.els~. her advised that he had been unsuccessful in finding a party who ,s interested in movinn the two -,---- ..... . u . =uuutures Wfllcn are trle SuDJeC! OT appeal, approval by th.e Archltecturel Re. view Board of the proposed plarrs has been secure.d, however, a building permit has yet to be secured; and. a variety of th,ngs coul.d happen between now and .the proposed mowng of the houses which ,s ._,._.,_,_.,. .. · o~.;uuw, ror some t~.m.e m the m,ddle of March 1.996. Therefo,?**, Mr. Helscher added that .prudent to preserve the nghts of the peti~oner to have the matter heard m the event that some unforeseen circumstanc, e should occur that would prevent the party from carrying through on its plans to move the structures. (For full text, see communication and petition on file in the City Clerk's Office.) Ms. Wyatt .m. oved that the m.a. tter be continued until the re ular meeting of Counc,I on Mondav. ADnl ~-~ ~qa~ -. -..-.. g there :,. ,~.~ ..... .... ;j - ~ -.-, ...., dr ~.uu p.m., or as soon - _a.?er .. :,,,, ,,,,,~ may De neara. The motion was ~,~,-n,,,~,~ ur. uu.er ana adopted. - OTHER HEARINGS OF CITIZENS: None. 301 There being no further business, the Mayor declared the meeting adjourned at 7:30 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 302 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL March 4, 1996 12:00 noon A joint meeUng of the Roanoke City Council and the Roanoke County Board of Supervisora wss called to order on Monday, March 4, 1996, at 12:00 noon, in the Pocahontas Room of The Hotel Roanoke & Conference Center, 110 Shenandoah Avenue, N. E., City of Roanoke, with Mayor David A. Bowers and Chairman Bob L. Johnson presiding. ROANOKE CITY COUNCIL MEMBERS PRESENT: Wendell H. Butler, Delvis O. McCadden, John H. Parrott, W~lliam White, Sr., Linda F. Wyatt, Elizabeth T. Bowles and Mayor David A. Bowers 7. ROANOKE CITY COUNCIL MEMBERS ABSENT: None OTHERS PRESENT - ROANOKE CITY: James D. Ritchis, 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; George C. Snead, Jr., Director of Public Safety; William F. Clark, Director of Public Works; Stephen A. Mancuao, General Manager, Valley Metro; Kathryn V. Weikel, Assistant General Manager, Valley Metro; John R. Mariles, Chief of Planning and Community Development; Barry L. Key, Manager, Office of Management and Budget; and M. David Hooper, Chief of Police. ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Harry C. Nickens, Lee B. Eddy, Fenton F. Harrison, Jr., H. Odell Minnix and Chairman Bob L. Johnson 5. ROANOKE COUNTY BOARD OF SUPERVISORS ABSENT: None OTHERS PRESENT - ROANOKE COUNTY: Elmer C. Hodga, County Administrator; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Diane D. Hyatt, Director of Finance; Ann Marie Green, Public Information Officer; Mary H. Allen, Clerk to the Board of Supervisors; Timothy W. Gubala, Director, Economic Development Depa[I,t~ent; Terrance L. Harrington, Director, Planning and Zoning Department; Joseph B. Obenshain, Senior Assistant County Attorney; John H. Ceace, Chief of Police; William J. Rand, III, Director, General Services; and O. Arnold Covey, Director, Engineering and Inspections. 303 OTHERS PRESENT: John R. Hubbard, Chief Execu'dve Officer, Roanoke Valley Resource Authority; John M. Stroud, President, Roanoke Regional Chamber of Commerce; Thomes R. Brock, Past Chairmen of the Roanoke Regional Chamber of Commerce; and Lucy P. Mullis, Executive Director, Willismson Road Area Business A~ocistion. On behalf of the Membere of the Roanoke City Council, the Mayor extended · welcome to ell pereone in attendance. The meeting was opened with a preyer by Mayor David A. Bowere. ACTION: Following lunch, at 12:40 p.m., the two governing bodies engaged in a discuesion of agenda items, es followa. ACTS OF ACKNOWLEDGEMENT-WATER RESOURCES: Mrs. Bowies offered the following resolution commending and congratulating Roanoke County on the recent opening of the Spring Hollow Reservoir Project: (~32841-030496) A RESOLUTION commending and congratulating Roanoke County on the recent opening of the Spring Hollow Reservoir Project. (For full text of Resolution, see Resolution Book No. 58, page 250.) Mre. Bowles moved the adoption of Resolution No. 32841-030496. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Butler, McCedden, Parrott, White, Wyatt, Bowies and Mayor Boware 7. NAYS: Nono 0. On behalf of the City of Roanoke, the Mayor presented a ceremonial copy of Resolution No. 32841-030496 to Chairman Johnson. POLICE DEPARTMENT-TRAFFIC: The City Manager submitted a written report advising that on October 23, 1985, the City and County of Roanoke entered into an agreement to bestow extraterritorial arrest powers upon the City's police officers and the County's Sheriff's deputies, which agreement related to five traffic related offenses, viz: 304 d.n.'ving u..nder the influence, reckleu driving, hit and run, driving mthout a I,cense, end habitual offender offenses; and on March 4, t991, an amended agreement became effective which made the neces~....ary changes to reflect the County's transfer of law enforcement authorities from the Sheriffs D.epa~b,,ent to the new Police Department and also to conform to technical amendments made to the State Motor Vehicle Code· · It was further advised that the cu.rr~.nt agreement has been ,n~rsta.d a.s invalid by.one Gene~l District Court Judge in the 23rd Judm,al District because It was not s,gned by members of the Roanoke City Council and the Roanoke County Boa.~ of Supervisors; and the current agresmen, t has se.wed well, ruth the exception of the aboverefe.renced ,nferpretstion; ho.we, ver, the scope of authority remains I,mitad to five motor vehicle related offenses, and the agreement does not provide for the arrest of persona other than the dn.vers, which leaves a question as to the authority of the officer to make arrests of other pereons who possibly committed offenses in his presence during the same enforcement action. The City Manager .recommended that Council authorize a.~mend, me..nt.of the extratamtonal arrest agreement, effective on and mzer Apr, I 1, 1996, to expand arrest powers of officers in either jurisdiction to any .v. iolation of State law and to extend that authority to O.ff. d.u? officere, .With the.exception of those police officers engaged in o~ ¢l.U.W, seconaary police related employment who would not be perm,tted to make arrests outside their normal jurisdiction. (For full text, see report on file in the City Clerk's Office.) D M' D. avid. H.o.oper, Chief of .Police, Roanoke City Police eparlment, ano ,Jonn H. Cease, Ch,ef of Police, R.o.anoke County, advised that the ,proposed a. greeme.n.t is a legitimlz,nglfonnalizing process of recogmzm, g a p. omtive relation.s..h, ip betw..esn Roanoke City and Roano. ke County m wh,ch the two local,tins continue to find areae of mutual ,ntereat and to share resources and knowledge. They stated that the agreement reepres.e, nts an outward sign to the public that the two localities are engaged ,n a cooperative effort to fight crime !n ~e Roanoke Valley, and recommen..ded passage of the Extraterritorial Arrest Agreement to their respective governing bodies. 305 Mr. White offomd the following emergency ordinance: (#32843-030496) AN ORDINANCE authorizing an Extraterritorial Arrest Agreement to be entored into between the City and Roanoke County to provide for extraterritorial ar~sst power when certain offenses are committed in the presence of an off-duty officer of the City of Roanoke Police Depe,b~ent in Roanoke County or an officer of the Roanoke County Police Department in the City of Roanoke; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 253.) ACTION: Mr. White moved the adoption of Ordinance No. 32843-030496. The motion wea eeconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers 7. NAYS: None 0. The Roanoke County Board of Supervisors adopted a prepared measure authorizing execution of the Extraterritorial Arrest Agreement by officials of Roanoke County. Each member of the two governing bodies then engaged in an official eigning ceremony of the Extraterritorial Arrest Agreement between Roanoke City and Roanoke County. COUNCIL-CONSULTANTS REPORTS-COMMUNICATIONS DEPARTMENT-EMERGENCY SERVICES-COMMUNITY PLANNING- BUILDINGS/BUILDING DEPARTMENT-SEWERS AND STORM DRAINS- WATER RESOURCES-CITY EMPLOYEES-REFUSE COLLECTION- RECYCLING: Thomas R. Brock, Past Chairman, Roanoke Valley Regional Chamber of Commerce, addressed regional cooperation efforts by Roanoke City and Roanoke County which started with the basic desire by both localities to identify ways to cooperate and to become more efficient. He stated that a great deal has I:ccn accomplished, and the business community has expressed a strong interest in Roanoke Valley govemmente working together to become more efficient, thus, the Towere/Perrin study was funded which resulted in recommendations relative to potential areas of improvements. He called attention to efforts by the City Manager and 306 tha County Administrator and their respective staffs to address what could be dona, and they developed a goal to identify ways to work together in order to become more efficient in view of the limited amount of resources that are available to local govemmenta and the projected impact through reduced Federal funding. He advised that numerous meetings were held and four areas of cooperation were targeted, viz: Communication, Development Review, Employee Health Care, and Solid Waste Management. Ha commended City and County staffs for their positive working relationship. George C. Sneed, Director, Public Safety, Roanoke City, presented a written report of the Communication Subcommittee; O. Amold Covey, Director of Engineering and Inspection, Roanoke County, presented a written report of the Development Review Subcommittee; Diane D. Hyatt, Director of Finance, Roanoke County, presented a written report of the Employee Health Care Subcommittee; and Bar~y L Key, Manager, Office of Mansgement and Budget, Roanoke City, presented a written report of the Solid Waste Management Subcommittee. (For full text, see Subcommittee reports on file in the City Clerk's Office.) The Mayor and Chairman expressed appreciation to Mr. Brock for working with the staffs of Roanoke City and Roanoke County on important issues of regional cooperation. REFUSE COLLECTION-RECYCLING: Chairman Johnson spoke in support of the localities participating in some type of co- mingling/recycling operation at the base of the landfill or the tipper station which would enable all Roanoke Valley localities to be credited with doing the environmentally sensitive thing while, at the same time, saving on the labor intensiveness of recycling collection by the localities. VISITOR'S INFORMATION CENTER: Dr. Nickans advised that a communication was sent to Congressman Bob Goodlatte requesting 50 per cent funding for a Visitor's Information Center/Intarpreter Center on the Blue Ridge Parkway, which is the maximum in Federal contributions for such a facility, and Congressman Goodlatte will work with Congressman Taylor from Asheville, North Carolina, to solicit Federal funds. 307 BUSES-TAXES: Chairman Johnson expressed disappointment over the lack of support to get a bill introduced by legislators representing the Roanoke Valley to the 1996 Session of the General Assembly with regard to the Metropolitan Public Transportation District. He stated that the two governing bodies should be cognizant of existing resources which can be redirected, and inasmuch as Roanoke County understands the critical issue facing the Roanoke Valley, officials will continue to discuss the matter with representatives of Roanoke City. Mr. Eddy suggested that the concept be kept alive and resubmitted to the 1997 Session of the Virginia General Assembly. Mr. White advised that reduced funding will have a serious impact on citizens of Roanoke and surrounding localities; and the Mayor advised that a study committee report was authorized to address the matter, and an additional $1.0 million for 1996 has been allocated by the General Assembly for transportation Statewide. He stated that in the next few years, the Roanoke metropolitan community will be faced with either the possibility of going forward with the Transportation District concept, or an alternative concept, or perhaps the loss of public transit in the Roanoke Valley. GREENWAYS STUDY: Chairman Johnson advised that Roanoke County has had a certain amount of success with its Intarmodal Surface Transportation Efficiency Act application for "Rails to Trails" in the Hanging Rock area, in concert with funding for a corridor study in the Williamson Road area, and invited City officials to see first hand what the six-year money has accomplished in front of Ho#ins College from the Botatourt County line to Plantation Road. He added that Roanoke County has also provided funds to its Planning Commission to be used to enhance the six entrances to Roanoke County. SPORTS ACTIVITIES-SPORTS COMPLEX-YOUTH: As he leaves the Roanoke City Council, Mr. McCadden stressed that the two governing bodies should be aware that the Roanoke Valley is in dire need of a sports commission and a regional sports complex, which, if not provided, will deprive the children of the Roanoke Valley of opportunities that many other regions in the Commonwealth of Virginia make available. He urged that Roanoke City, Roanoke County, and the City of Salem strongly consider the sports needs of the children of the Roanoke Valley. 308 ACTION: Without objec~on by City Council and the Board of Supervisors, the Mayor requested that the matter be placed on the agenda for the next quarterly msstlng of Roanoke City and Roanoke County officials. The Mayor commended the cooperation efforts of Roanoke City and Roanoke County; and Chairman Johnson also commended areas of cooperation and stressed the importance of continuing the process. On behalf of Roanoke County, Chairman Johnson extended an invitation to host the next quarterly meeting. At 1:45 p.m., the Chairman declared the meeting of the Board of Supervisors adjourned until March 11, t 996, at Fort Lewis Elementary School for a joint moating with the Roanoke County School Board. At 1:45 p.m., the Mayor declared the Roanoke City Council meeting in mcsss until 2:00 p.m., in the Roanoke City Council Chamber, 215 Church Avenue, S. W., Roanoke, Virginia. At 2:00 p.m., the Roanoke City Council meeting reconvened in the Council Chamber, 216 Church Avenue, S. W., Roanoke, Virginia, with the following Council Members in attendance: PRESENT: Council Members Wendell H. Butler, Delvis O. McCadden, John H. Parrott, William White, Sr., Linde F. Wyatt, Elizabeth T. Bowies and Mayor David A. Bowers 7. ABSENT: None Om OFFICERS PRESENT: 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 reconvened meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of Ute United States of America was led by Master Michael Foster. 3O9 ACTS OF ACKNOWLEDGEMENT-VIRGINIA TECH: Mr. McCadden offered the following resolution congratulating and commending the Virginia Tech Hokies on an outstanding football eeeson culminating in a great victory in the 62nd Sugar Bowl: (1~32842-030496) A RESOLUTION congratulating and commending the Virginia Tech Hokies on an outatanding football season culminating in a great victory in the 62nd Sugar Bowl. (For full text of Resolution, see Resolution Book No. 58, page 251.) ACTION: Mr. McCadden moved the adoption of Resolution No. 32842- 030496. The motion was seconded by Mr. Wltite and adopted by the following vote: AYES: Council Membere Buffer, McCadden, Parrott, Whita, Wyatt, Bowles and Mayor Bowers 7. NAYS: None 0. On behalf of the City of Roanoke, the Mayor presented Frenk Beamer, Head Coach, Virginia Tech, with a ceremonial copy of the abovereferenced resolution and a Jefferson Cup with the Roanoke City Seal affixed thereto. PROCLAMATIONS-ACTS OF ACKNOWLEDGEMENT-RED CROSS: The Mayor presentad a Proclamation declaring Mamh 1996 as Red Cross Month in the City of Roanoke. (For full text, see Proclamation on file in the City Clerk's Office.) PROCLAMATIONS-ACTS OF ACKNOWLEDGEMENT: The Mayor presented a Proclamation declaring March 1996 as Women's History Month in the City of Roanoke. (For full text, see Proclamation on file in the City Clerk's Office.) 310 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 C.o. nssnt Agenda and considered .s. eparately. He called specific attention to a request for an Executive Session to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. ACTION: Mr. McCadden requested that Item C-3 regarding a potential interchange at 1-581Nalley View be removed from the Consent Agenda for separate discussion; whereupon, it was the consensus of Council that the item would be deleted from the Consent Agenda for discussion. MINUTES: Minutes of the Planning Workshop of City Council held on Friday, November 3, 1995; the regular meeting of City Council held on Monday, November 13, t995; the Planning Workshop of City Council held on Friday, November 17, 1995; the regular meeting of City Council held on Monday, November 27, 1995; and the special meeting of City Council with Congressman Robert W. Goodlatte held on Monday, November 27, 1995, were before the body. (For full text, see minutes on file in the City Clerk's Office.) Mrs. Bowies moved that the reading of the minutes be dispensed with and that the minutes be approved as recorded. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowies 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, 311 ACTION: commissiona and committeea appointed by Council, pursuant to Section 2.t-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. Bowlee moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters reistlng I= vacancies on various authoritlas, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion wee seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers 7. NAYS: None 0. BUDGET-BONDS/BOND ISSUES-SIDEWALKJCURB AND GUTTER-PUBLIC WORKS-PLANNING-ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of the City Manager with regard to curb and gutter projects recommended for funding from the City's recent bond issue and the new process for evaluating citizen generated requeete for new curb, gutter and sidewalk, was before Council. It was advised that since 1986. a listing of all new curb, gutter and sidewalks requested by citizens has increased to more than 360 requests, at an estimated cost of $12 million; the City currently has approximately $1.0 million from the most recent bend issue earmarked for curb, gutter and sidewalk; and over the past year, staff from several City depaf~,.ente have worked together to review the existing list of citizen requests, which has been generated over the past ten years based on a number of criteria including impact on drainage, safety, cost, neighborhood support, proximity to schools and other factors. It was explained that the first group of recommended projects was advertised for bid on January 14, 1996, with work to begin in the spring; City staff anticipates presenting a bid report on March 18, 1996, for Council's approval; projects have been phased in in order to receive the most competitive bids and to ensure that local contractors can meet local bonding limitations, with the remaining projects anticipated to be bid in 1997 and 1998; and the City Manager wiil implement a new process for evaluating and prioritizing ci'dzen requests for curb, gutter 312 ACTION: and sidewalk as they ara received, which process also utilizes established criteria emphasizing safety and drainage considerations for evaluating the validity of such requests against each other and other needs of the City. (For full text, see raport on file in the City Clerk's Office.) Mrs. Bowles moved that the raport be raceived and filed. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowera 7. NAYS: None,, O. SEWERS AND STORM DRAINS-PLANNING-FIFTH PLANNING DISTRICT COMMISSION-WATER RESOURCES: A communication from Wayne G. Strickland, Executive Diractor, Fifth Planning District Commission, with ragard to the prograss of the Roanoke Regional Stormwatsr Management Plan, which contains the following six phases, and the prograss of each phase as of February 5, 1996, was befora Council. Phase A - develop master plans for individual watersheds -- 70 per cent (should be finished in a few months) Phase B - remedial action plans for selected araas -- zero per cent complete (should begin soon and be completed by fell 1996) Phase C - develop sto~vater quality management plan -- zero per cent complete (should begin soon and be completed by fall 1996) Phase D - prepara maintenance guidelines and model maintenance agreement -- ten per cent complete (should be finished during summer t996) Phase E - evaluation of applicable permits -- zero per cent complete (should begin soon and be completed by fall 1996) 313 ACTION: ACTION: Phase F - develop implementation plan -- ten per cent complete (consultants proposal for implementation should be prepared by the end of September 1996, but local governments may need esveral additional montlm for any review and decision proce~) It was further advised that the City will be requested to appoint two citizen representatives to the Citizen~ Advisory Committee which will be established for the pmjoct; each local govemment will be asked to appoint two citizens, and several at-large appointees will be established to represent intaresta such as the agricultural community, the homebuildera a~ocistion, etc.; and representatives to the Citizens Advisory Committee will be a conduit for information exchange by advising the City with regard to stormwatar management problems in their communities and hearing from engineers about altamatives that might bo available to mitigate problems. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowle~ moved that the communication be received and filed. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers 7. NAYS: None e COMMII'rEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Edward S. Allen tendering his resignation as a member of the Roanoke Neighborhood Partnership Steering Committee, effective immediatuly, 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 Dr. Butler and adopted by the following vote: 314 AYES: Council Members Buffer, McCedden, Parrot't, W11ite, Is Wyatt, Bowles end Mayor Bowers 7. NAYS: Non: O. OATHS OF OFFICE-COMMITTEES-ROANOKE CiViC CENTER- ROANOKE ARTS COMMISSION-HOUSING/AUTHORITY-COUNCIL-FIFTH PLANNING DISTRICT COMMISSION: The following reports of queliflceffon were before Council: Evangeline B. Jeffrey ss · member of the Roanoke Civic Center Commission to fill the unexpired term of Melinda J. Payne, resigned, ending September 30, 1997; Lucy g Hazlegrove aa · member of the Roanoke Arts Commission for a term ending June 30, 1997; Charles T. Green as a member of the Fair Houeing Board for a term ending March 31, 1997; and Wendell H. Buffer aa a member of the Fifth Planning District Commission to fill the unexpired term of former Council Member John S. Edwards, resigned, ending June 30, 1997. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) ACTION: Mrs. Bowies moved that the reports of qualification be received and filed. The motion was seconded by Dr. Buffer and adopted by the following vote: AYES: Council Members Buffer, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers 7. NAYS: None O. TRAFFIC-STATE HIGHWAYS-PLANNING-VALLEY VIEW MALL- STREETS AND ALLEYS: A report of the City Manager providing an update with regard to the City's ongoing efforts to secure approval for a new interchange on 1-58t in the vicinity of Valley View Mall, was before Council. 315 It was advised that on Tuesday, April 2, 1996, the Virginia Depa,~,,,ent of Transportation (VDOT) will hold an annual pre-allocation hesHng at the Salem District Auditorium to receive requests for transportation projects, which will be the City's opportunity to request that VDOT include the potential 1-581 Interchange project in its annual update of the Six-Year Improvement Program; Council was previously advised that the Federal Highway Administration could not approve the partial interchange that had been requested by the City, but such an interchange could be considered if it were a phase in an overall long- term improvement of 1-581; therefore, the request to VDOT at the pre- allocation hearing will need to include improvements to 1-581 consisting of an initial phase for the partial interchange located approximately one mile south of Herahberger Road (for which Council haa previously approved $5.0 million from the 1996 Bond Issue), as well aa ultimate improvements along 1-581 from a location just north of Herahberger Road to a location just south of the propomKI interchange (for which the City ia seeking VDOT funds, phased over a number of years); and before the request can be officially presented to VDOT, the City will seek endorsement of the potential project from both the Roanoke City Planning Commission (on March 6, t996) and City Council (on March 18, 1996). It was pointed out that City staff will ask the City Planning Commission and City Council to approve an amendment to the Roanoke Ci~ Thorou~ohfere Plan (RCTP) that relates to the project; the RCTP (an element of ~ wes approved and adoptod by Council on January 10, 1994; however, at that time it was not considered possible for a new interchange to be constructed on 1-581 due to previous denials by the Virginia Depa, b,,ent of Transportation; therefore, the RCTP only referenced a possible new connection from Tenth Street, N. W. (via Andrews Road), to Valley View Boulevard by bridging 1-581 without an interchange; now that iL real potential exists for the interchange, the connection to Tenth Street should no longer be referenced in the Roanoke Ci~ Thorouphfere Plan; and the Plan's priority "program of projects" should be amended to include the proposed 1-581 interchange project with a connection to Valley View Boulevard. 316 ACTION: The City Manager advised that City staff is working with the Fifth Planning District Commission on a public information meeting for the evening of April 2, 1996, to provide citizens with an opportunity to evaluate the proposed 1.58t interchange project. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden inquired as to what can be done to move the project along in a more expeditious manner; whereupon, the Assistant City Manager advised that Council has done everything humanly possible to move the project forward, and called upon the Director of Public Works for an update on the current status. William F. Clark, Director of Public Works, advised that Council's attention is called to the various steps that need to be taken to have certain plans amended before any other action can take place. He stated that the Fifth Planning District Commission must amend the Regional Thoroughfare Plan, and the City Planning Commission and City Council must amend the Roanoke City Thoroughfare Plan. He added that the Six Year Highway Improvement Plan referred to in the report involves the State committing to whatever future improvements are necessary on 1-5.8.1 before the F.ederel Government will allow an interchange to be b.udt, and psrmiss,.o.,n of the Federal Government is needed to build the ,ntarchange even ,f ~t is constructad at 100 per cent local cost. He added that VDOT must commit to the Federal Highway Commission that it will make future improvements; however, inclusion in the Six Year Improvement Plan does not necessarily mean that it will take six years before any type of action occurs inasmuch as the Six Year Plan covers everything from the present through year six, thus, projects must be included in the Six Year Plan before the Federal Highway Administration will allow the City to spend its own money to construct an interchange over 1-581. He noted that Council has done everything possible at this point to make the interchange a priority project, and VDOT must take action at its June meeting to place the future widening of 1-581 into the Six Year Plan, following which the Federal Highway Administration will be asked to authorize the City to then proceed with its interchange which is hoped to occur by the end of this calendar year. Without object by Council, the Mayor advised that the City Manager's report would be received and filed. 317 ACTION: HEARING OF CITIZENS UPON PUBLIC MATTERS: ANNUAL REPORTS-ECONOMIC DEVELOPMENT: Elizabeth S. Doughty, Executive Director, Roanoke Valley Economic Development Partnership, presentad a report with regard to 1995 activities. She advised that the region led the State in job creation, unemployment for the region was one of the lowest in the Stats, capital invsstment wss up 242 per cant, potential jobs increased 23 per cent, inquiHss increased 32 per cent, and advertising inquiries increased 123 per cent. (Sss statament 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. FIRE DEPARTMENT-CITY EMPLOYEES-PENSIONS- CONSULTANTS REPORTS: Richard B. Sawer, President, Roanoke Firefightere Association, presentad s report prepared by Frank M. Vaccaro and Associates, Inc., with regard to an actuarial review of the City of Roanoke's Pension Plan. He advised that after analyzing the current Plan's actuarial assumptions, it appears that 1995 costa are over stated primarily because Buck Consulttanta used assumptions that are too conservative to calculate the Plan's contribution rate (a 7.5 per cent intareet rate and an effective average of 6.5 per cent salary scale was used to calculate costa and liabilities). He recommended that the calculations be revised to more accurately reflect past experience and future expectations of the Pension Plan. Mr. Sarver also reviewed a communication from Joseph W. Duds, Manager of Actuarial Services, Frank M. Vaccaro & Associstas, Inc., under data of February 2, 1996, and requested that the following altamativss be added to the City's Pension Plan: (1) A four per cent cost-of-living adjustment to be added to the retirement benefits for all future retirees. (2) Unreducad joint and 50 per cent survivor annuity for future ESRS retirees who are married for one year on the date of retirement. 318 ACTION: (3) Increase the ESRS benefit accrual rata from 2.0 per cent to 2.4 per cent of final average salary for police end fireflghtsre and from 2.0 per cent to 2~ per cent for general employees. (4) Reduce the ESRS Normal Retirement age to 65 with five years of service or (1) 26 years of service for police and firefightsrs, end (2) 30 years of service for general employees. Joseph W. Dude end Stave Vaccaro, Actuarial Consultants, Frank W. Veccaro & Asaociatae, Inc., presented an overview of the report. (See Frank W. Vaccaro & Associates, Inc., report on file in the City Clerk's Office.) Following the presentation, Ms. Wyatt moved that the report be referred to the City of Roanoke Pension Plan, Board of Trustees, for study, report and recommendation to Council at its regular meeting on Monday, May 6, t996. The motion was seconded by Mr. White and i adopted. OTHER HEARINGS OF CITIZENS: None. At 3:10 p.m., the Mayor declared the meeting in recess. At 3:20 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. PETITIONS AND COMMUNICATIONS: BUDGET-AIRPORT: A communication from Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, transmitting the fiscal year 1996-97 Operating and Capital Purchase Budgets, in accordance with requirements of the Roanoke Regional Airport Commission Act and the Roanoke Regional Airport Commission Contract dated 319 ACTION: January 28, 1987, ae weft as a separate listing of proposed capital expenditures which ere expected to exceed $100,000.00 end ere intended to benefit five or more future accounting periods, was before Council. (For full text, see communication and budget summary on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#32844-030496) A RESOLUTION approving the Roanoke Regional Airport Commission's 1996-1997 proposed operating and capital budget, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 58, page 254.) Mr. Parrott moved the adoption of Resolution No. 32844-030496. The motion was seconded by Mr. White and adopted by the following vote: AYES: Wyatt, Bowies and Mayor Bowers NAYS: None REPORTS OF OFFICERS: CiTY MANAGER: BRIEFINGS: None. Council Members Butler, McCadden, Parrott, White, 7. ITEMS RECOMMENDED FOR ACTION: TRAFFIC-STATE HIGHWAYS-PUBLIC WORKS-NORFOLK SOUTHERN CORPORATION-GRANTS-STREETS AND ALLEYS: The City Manager submitted a written report advising that Intarmodal Surface Transportation Efficiency Act (ISTEA) was signed into Federal law in December 1991; ISTEA requires stab, departments of 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"; and a Norfolk 320 ACTION: and Western Railroad Company project for the addition of short-arm gates at the railroad crossing on Bridge Street, S. W., was approved by the Virginia Department of Transportation (VDOT). It was fu,U,er advised that the Project Administration Agreement has been received by the City and requires execution to enable the project to proceed; the Virginia Depa,~,,ent of Transportation and the Norfolk and Weetem Railroad Company will handle all phases of the project, which includes installation of crossing gates, at an estimated cost of $53,900.00; and Federal ISTEA safety funds will provide 90 per cent of the funds needed, while the Norfolk and Western Railroad Company will provide the remaining ten per cent, with no City funds needed for instellaffon of the project; however, the proposed agreement provides for an annual cost of $507.50 to the City for crossing maintenance, as required by State law. The City Manager recommended that he be authorized to execute the Bridge Street railroad crossing agreement on behalf of the City, 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: i (~32845-030496) A RESOLUTION authorizing the City Manager to execute an agreement with the Virginia Department of Transportation for installation of short-arm gates at the railroad crossing on Bridge Street, S. W., in connection with the Surface Transportation Program. (For full text of Resolution, see Resolution Book No. 58, page 254.) Mr. McCadden moved the adoption of Resolution No. 32845- 030496. The moffon was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Buffer, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers 7. NAYS: None 0. 321 ACTION: BUDGET-PARKS AND RECREATION-PUBLIC WORKS-GRANTS- TREES-CMERP: The City Manager submitted a written report advising that Council approved a $25,000.00 Capital Maintenance and Equipment Replacement Program (CMERP) Reforestation Program; City staff identified a $$,000.00 Small Businees Administraffon (SBA) Tree Planting Grent which require~ a 45 per cent local match using a portion of the $25,000.00 funds in the CMERP Reforestation Program; median trees were successfully planted along Dale Avenue, S. E., Melrose Avenue, N. W., and Franklin Road, S. W.; and Reforestation funds of $30,000.00 are now available through the combinaffon of the $25,000.00 CMERP and $6,000.00 SBA funds. The City Manager recommended that Council increase the revenue esffmate in the General Fund, Account No. 001-020-12340697, in the amount of $6,000.00; and appropriate $6,000.00 to Project Supplies, Account No. 001-052-4340-3006, Parks and Recreation Depe, b.ent. (For full text, see report on file in the City Clerk's Office.) Dr. Butler offered the following emergency budget ordinance: (~32846-030496) AN ORDINANCE to amend and reordain certain secfform of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 255.) Dr. Buffer moved the adoption of Ordinance No. 32846-030496. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers 7. NAYS: None ..0. BUDGET-TRAFFIC-PUBLIC WORKS-CITY EMPLOYEES- EMERGENCY SERVICES-SNOW REMOVAL-EQUIPMENT-STREETS AND ALLEYS: The City Manager submitted a written report advising that major snow storms occurred in the Roanoke Valley on December 6, and 7, 1995, January 6 and 12, 1996, and February 1, 1996, which storms deposited nearly 52 inches of snow at the Roanoke Regional 322 Airport; the 199576 budget included $96,449.00 for snow removal from City streets and nghte-of-way, and for o_vertime salaries, supplies, and chemicals, with funds in other operating accounts used for regular salary and equipment costs. It was further advised that City employees worked continuously during these periods in an effort to combat the unusual frequency of snow storms; approximately 10,602 houre of regular time and 13,495 houre of overtime ware expended by City personnel plowing and salting streets, keeping equipment in service, etc., at a salary cost of approximately $374,922.00; City equipment was operated for 15,763 hours, with the cost of fuel, parts and supplies to date in excess of $15,000.00, and cost of wear and tear on equipment is almost incalculable; five local contractors with 17 pieces of equipment and 20 employees were hired from January 10 - t5, 1996, for a total of 800 hours, at a cost of $36,225.00; 3,570 tons of rock salt and abrasives were spread on streets and bridges, valued at approximately $t43,539.00; and total cost to the City for snow removal efforts this season is approximately $569,686.00. The City Manager recommended that Council authorize the transfer of $330,716.00 to the following Snow Removal accounts: Snow Removal Overtime 00t4)52-4140-1003 $187,949.00 Snow Removal FICA Chemicale Expendable Equipment Contract Service~ Motor Fuels & Lubricants 001 4)52-4140-1120 0014)52-4140-2045 001 4)52-4140-2035 0014)52-4140-2010 0014)52-41 40-2038 14,309.00 87,538.00 2,000.00 36,225.00 3.595.00 $330,716.00 Fundina Sources: 1996 Snowstorm Recovered Co~ts 1999 Flood Cleanup Contingency 0014)20-1234-0709 0014)24-3310-8005 0014)20-1234-0707 001-002-9410-2t99 $110,000.00 125,000.00 14,000.00 81.716.00 $330,716.00 (For full text, see report on file in the City Clerk's Office.) 323 ACTION: Mr. White offered the following emergency budget ordinance: (~328474)30496) AN ORDINANCE to amend and reordain certain sectione of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, eee Ordinance Book No. 58, page 255.) Mr. White moved the adoption of Ordinance No. 328474)30496. The motion was seconded by Mr. Parrots and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrot'(, White, Wyatt, Bowies and Mayor Bowara 7. NAYS: None ...... 0. BUDGET-POLICE DEPARTMENT-BUILDINGSIBUILDING DEPARTMENT-PARKS AND RECREATION-HUMAN DEVELOPMENT- COMMISSIONER OF REVENUE-PUBMC WORKS-FIREARMS-CMERP- PLANNING-CIRCUIT COURT-YOUTH-JUVENILE CORRECTIONAL FACILITIES-SCHOOLS-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the following needs for which appropriation of funds are necessary: Funds from Prior Year Capital Maintenance and Equipment Replacement Program: police Firearms Training Range $158,000.00 Funds from Current Year Capital Maintenance and Equipment Replacement Program: Parks and Recreation folding chairs and tables for parks facilities $ 4,525.00 three-wheel drive infield conditioning machine 8,118.00 three gymnasium exhaust fane 3,000.00 324 Communi~ Education office furniture Commissioner of the Revenue office furniture $ 1,128.00 .I 840.00 Crisis Intervention Center partial security system 4,000.00 grade, pave and stripe existing parking lot 4,500.00 Buildino_ Maintenance improvements to sidewalks to exhibits at Mill Mountain Zoo t5,000.00 Circuit Court judges chairs Totel ~ The City Manager recommended that Council appropriate $201,211.00 from the Capital Maintenance and Equipment Replacement Program, aa follows: $158,000.00 to be transferred to a new Capital Projects Fund account entitled, "Police Firearms Training Range Capital Account"; $7,525.00 to Parka and Recreation, Account No. 0014)52- 7110-2035; $8,118.00 to Parks and Recreation, Account No. 0014)52- 4340-9015; $1,128.00 to Community Education, Account No. 0014)54- 8170-9005; $840.00 to Commissioner of the Revenue, Account No. 001 4)22-1233-2035; 325 $4,000.00 to Crisis Intervention, Account No. 00t-054- 3360-9015; $4,500.00 to Youth Haven, Account No. 001-054-3350-0065; $2,t00.00 to Circuit Court, Account No. 00t-072-2110-90t and $15,000.00 to Building Maintenance, Account No. 001.052- 4330-9065. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency budget ordinance: (~32848.030496) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General and Capital Project Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 257.) ACTION: Mrs. Bowies moved the adoption of Ordinance No. 32848.030496. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers 7. NAYS: None 0. CITY CODE4NSURANCE4NTERNAL SERVICE FUND-RISK MANAGEMENT FUND: The City Manager and the Director of Finance submitted a joint written report advising that local governments are subject to a wide array of risks in the ordinary course of operation; methods available to provide for such exposure include the purchase of commercial insurance coverage, as wall as the deliberate retention of risk through self-insurance; the City currently accounts for its risk financing and insurance related activities primarily in the General Fund; and due to the fact that the City provides for many of its risks, such as worker's compensation and fleet coverage through self-insurance, the need for monitoring expenses relating to insurance coverage and 326 claims payments is heightened; therefore, an accounting change is rec.o, mmended which would establish a new Internal Service Fun . . . d I entitled, Risk Management Fund , to separately account for all risk financing activities. It was further advised that Govemmental Accounting Standards require that risk financing and insurance related activities of local _ovemments be a..ccounted .f. or...on an accrual basis, which ncompaeses recora,ng both a I,abdlty and an .expanse for claims aa e.y are probable to occur and at an amount wh,ch can bo reasonably estimated; use of a separate fund would substantially facilitate the proce, t~. by moving all activities of risk management to a separate proprietary fund where all re.venues a. nd expanses would be recorded; the fund or department in which a cla,m was actually Incurred would be billed by the Risk Manageme.nt Fund for applicable costs, which structu.re would enable the Risk Management Fund to accurately dete .nmne the amounts to cha..rge other funds for insuranc, e covera..ge and ,?rove.. ?e accountab,lity of those funds for the,r own risk financing activities; and establishment of a new fund would allow the City to continue to provide adequate reserves to mitigate uninsured catastrophic losses and to provide for rate stabilization for various costs of coverage. It was explained that Section 2-188.1, Reserve for self-insuranc~ J~ Code of the City of Roanoke (1979), as amended, states as follows "The maximum balance of the reserve shall be one (1) per cent of the total general fund appropriations for the concluded fiscal .": · . · year the City · self-,nsurance reserve has reached the maximum amounti therefore, based on an actuarial study rm,W,,,,,ad k.. vt,,,,- -- . Marwick, LLP, the amount nf ~ha ~;,,,,, ~,'..,~. ......... ,,~ ,~rn,,J t'ea! ......... · o ,,-,,-Insurance reserve should be .significantly more to cover claims incurred and potential future claims.; based ..o.n th.at study and .w. orkere' compensation claims regarding disability retirements, the C,ty needs to continue to allocate an amount annually to .the recom.mended incre.as,ng reserve for self-insurance; therefore, they establishes ~e maximum the City Code percentage provision that Fund appropriations, reserve to three par cent of total General C .T. he City Manag.e.r and the Director of Finance recommend that ouncp approve establishment of a new Internal Serv' · ,, · . ,ce Fund entitled .R~sk. Management Fund", In the annual budget process, effectiv~ amy 1, 1996; and adopt a measure amen";--- =---:-- ~ -.,,. -' - -- MIW,JJ *.?J/~,&llilll Z-'lO0.1, ~ 327 ACTION: for self-insured liabilities. Cede of the City of Roanoke (t979), as amended, to increase the maximum balance of the reserve to three percent of the total General Fund appropriatione for the concluded fiscal year. (For full text, sss joint report on file in the City Clerk'e Office.) Dr. Butler offered the following emergency ordinance: (~32849-030496) AN ORDINANCE amending §2-188.1, Ressry~ for self-insured liabilities, Code of the City of Roanoke (1979), as amended, to increase the maximum balance of the reserve for self- insured liabilities from one (t) percent to three (3) percent of total goneral fund appropriations; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 259.) Dr. Butler moved the adoption of Ordinance No. 32849-030496. The motion was seconded by Mre. Bowies and adopted by the following vote: AYES: Council Membare Butler, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers 7. NAYS: None 0. There was discussion with regard to the appropriatanees of the City being self-insured versus the purchase of insurance coverage; whereupon, Ms. Wyatt requested that the Director of Finance provide Council with an update on the City's policy with regard to fleet insurance and general liability insurance, etc. The Mayor also requested that Council be provided with a history of the reasons why the City chose to pursue the self-insured route as opposed to purchasing insurance coverage. DIRECTOR OF FINANCE: CITY CODE-TAXES-PEDDLERS/ITINERANT MERCHANTS- SPECIAL PERMITS: The Director of Finance and the Commissioner of the Revenue submitted a joint written report advising that the City has never established a specific tax structure to address festivals and shows; a proposed draft ordinance will establish such a structure while 328 maintaining the itinerant merchant and street or other seller sections; · craft show, .art show, trade show or fe.s.?al will be idenUfiE~l., by specific definiUon; once classified by defimUon, such an event w, II be exempt from local license tax, provided the sponsor has entered into a written contract with the City for use of a public park, street or sidewalk; however, if such a contract does not exist, the sponsor of the defined event will be required to pay a local license tax at a rate of $3.00 par vendor par day, subject to a maximum tax of $500.00; and any event that is not classified within the definition of craft show, art show, trade show or festival will continue to be subject to the current license tax code. The Director of Finance and the Commissioner of the Revenue recommended that Council hold a public hearing on Monday, March 18, 1996. ACTION: ACTION: (For full text, see report on file in the City Clerk's Office.) Dr. Butler moved that Council hold a public hearing on Monday, March 18, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard. The motion was seconded by Mr. Parrott and unanimously adopted. DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of January 1996. (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. REPORTS OF COMMITTEES: BUDGET-SEWERS AND STORM DRAINS-PUBLIC WORKS: 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 construction of the Murray Run Sewer Replacement Project MR-I, advising that the Project is part of the City's ongoing infiltration/inflow program as required by Special Consent Order dated August 10, 1992; the sewer replacement project was bid and needs to be constructed; and the project consists primarily of 329 replacing 2,385 feet of sewer line along its existing alignment end profile and restoring all disturbed areas to a satisfactory condition, which project is located between Ogden Road and Colonial Avenue, $.W. The Committee recommended that Council approve the following actions: authorize the City Manager to execute a unit price contract with Aaron J. Conner, General Contractor, Inc., for the Murray Run Sewer Replacement Project MR-l, in the amount of $179,006.60, with a project contingency of $t8,000.00 and $5,000.00 for interfund billing for contract administration and inspection; appropriate $202,007.00 from Sewer Fund Retained Earnings to a new account entitled, "Murray Run Replacement MR-t"; and reject all other bide received by the City. I The Ci~ Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk'e Office.) Mr. White offered the following emergency budget ordinance: (~32850-030496) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 260.) ACTION: Mr. White moved the adoption of Ordinance No. 32850-030496. The motion wee seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers 7. NAYS: None 0. 330 ACTION: Mr. White offered the following emergency ordinance: (#32851-030496) AN ORDINANCE accepting the bid of Aaron J. I Conner, General Contractor, Inc., for the Murray Run Sewer Replacement Project MR-l, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 26t.) Mr. White moved the adoption of Ordinance No. 32851-030496. The motion wes seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers 7. NAYS: None 0. EASEMENTS-CITY PROPERTY-PUBLIC WORKS-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 authorizing execution of the appropriate document granting a permanent easement measuring 30 feet wide in the current location aa shown on a map attached to the Water Resources Committee report across City-owned property at Besverdam Reservoir for access to adjoining property owned by David Fore, et al. A staff report advised that Beaverdam Reservoir in Bedford County has been owned and operated by the City since 1933; the access road across City-owned property has been utilized by owners of adjacent property for an unknown length of time (at least since 1957); owners of adjacent property desire to sell a por'don of their land, and the new owner will need to continue using the road across City- owned property in order to access the property; and the City has been asked to grant a permanent easement into the adjacent property to satisfy legal concerns prior to closing on the sale of the adjacent property. 331 The Water Resources Committee recommended that Council authorize execution of the appropriate document granting a perman.e, nt easement measuring 30 feet wide in the current location across City- ACTION: owned property at Bssverdam Reservoir as shown on a map attached to a report of the Water Rssourcse Committee, for access to adjoining property owned by David Fore, et al. (For full text, see reports on file in the City Clerk's Office.) Mm. Bowles moved that the following ordinance be placed upon its firet reading: (#32852) AN ORDINANCE authorizing execution of a deed grenting a permanent easement across City-owned property located at the Bseverdam Rseervoir in Bedford County for uss as an access road by adjoining property owners, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 58, page 262.) The motion was seconded by Dr. Butler and adopted by the following vote: NAYS: None 0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: PUBLIC WORKS-WATER RESOURCES: Ms. Wyatt called attention to Cravens Creek and other City watershed areas where there appears to be an enormous amount of sediment build-up, and inquired if the City has an on-going program of dredging under bridges on a rotational basis to prevent sediment build-up. I AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers 7. 332 ACTION: The Director of Public Works advised that personnel in the Street Maintanance .Department clean culverts and ditches on an I idenfffied bee,e". He explained that major structures such as ~: Roanoke River and established creeks such as Tinker Creek, Lick Run, etc., are checked with some ~equency. OTHER HEARINGS OF CITIZENS: COMPLAINTS-SIDEWALK/CURB AND GUTTER-FLOOD REDUCTION/CONTROL-STREETS AND ALLEYS: Mr. Ray W. Barbour, 686 Mont]~ss Avenue, S. E., called attenffon to paving that was recently done on his street from curb to curb, and inquired as to why paving is extended to the curb rather than to the gutter; whereupon the inquiry wes referred to the Director of Public Works for appropHata response. At 3:50 p.m., the Mayor declared the meeting in recess. At 4:15 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowere presiding, and all Members of the Council in attendance. COUNCIL: With respect to the Executive Session just concluded, Dr. Buffer 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 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 Buffer, McCadden, Parrott, White, Wyatt, Bowies and Mayor Bowers 7. NAYS: None COMMITTEES-CULTURAL SERVICES COMMII-I'EE: The Mayor advised that there are two vacancies on the Cultural Services Committee, and called for nominations to fill the vacancies. Mrs. Bowies placed in nomination the names of Catherine A. Fox. Mr. Whita placed in nomination the name of Sandrs W. Ryais. 333 There being no further nomina'done, .Ms. Fox and.Ms. Ryale were elected aa members of the Cultum. I aery,cee Comm,ttee, for terma ending June 30, t997, by the following vote: ACTION: FOR MS. FOX AND MS. RYALS: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers ..... 7. OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING DEPARTMENT: The Mayor advised that there is a vacancy on the Building Code Appeale Board, Volume II (Building Maintenance Divieion), created by the reaignation of Gene Wirt, and called for nominatione to fill the vacancy. Mre. Bowles placed in nomination the name of Ralph K. Smith. There being no further nominations, Mr. Smith was elected as a member of the Building Code Appeals Board, Volume II (Building Maintenance Division), to fill the unexpired term of Gene V~lrt, resigned, ending November 10, 1999, by the following vote: ACTION: FOR MR. SMITH: Council Members Butler, McCadden, Parrott, W~.ite, Wyatt, Bowl7 and Mayor Bowere 7. I There being no further bu$~ness, the Mayor declared the meeting adjourned at 4:20 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 334 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL March 18, t996 12:30 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, March 18, 1996, at 12:30 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, BE~JJJ~ of Section 2-15, ~ Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Delvis O. McCadden, John H. Parrott, William White, Sr., Linde F. Wyatt, Elizabeth T. Bowles, Wendell H. But]er 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 Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. TRAFFIC-SEWERS AND STORM DRAINS-BONDS/BOND ISSUES- SIDEWALK/CURB AND GUI-I'ER-PARKS AND RECREATION-FIRE DEPARTMENT-STATE HIGI-M/AYS-BRIDGES-CITY SHERIFF-CITY JAIl.- CAPITAL IMPROVEMENTS PROGRAM-ECONOMIC DEVELOPMENT- SCHOOLS-EQUIPMENT-STREETS AND ALLEYS: William F. Clark, Director of Public Works, called upon Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Schools, and Charles R. Huffine, City Engineer, to present briefings on capital improvements financed by the bond issue of 1996. Mr. Kelley presented information on modernizations to Jackson, Brsckinridge, Wilson, and Addison Middle Schools ($5,250,000.00), air conditioning system replacement at four schools, viz: Fishbum Park Elementary, Fallon Perk Elementary, James A. Madison, and William Ruffner Middle Schools ($300,000.00), fire alarm system upgrades at ten elementary schools ($t 20,000.00), and school technology ($t,500,000.00), totalling $7,170,000.00 in 1996 Bond Issue proceeds. (See report on file in the City Clerk's Office.) 335 Mr. Huffine reviewed the atstus of City projects, apeciflcally: Over $650,000 Jefferson Strset,'Railroad renovaUon work Ninth Street/River Main Street (Waeena)/RiverlRailroad Brambleton Avenue~Murray Run, S. W. Cove Road/Peters Creek, N. W., and Peach Tm/Peters Creek, N. W. Williameon Road/Railroad, S. W. Viaduct Streets end Sidewalks Traffic Signals Replacement VDOT Highway Projects Computerized Traffic Signal System Curb, Gutter and Sidewalk Program Roadway Safety Improvement Program Traffic signals - New Kirk Avenue Improvements Roanoke City Jail Annex Peters Creek Extension Fire Station Civic Center Capital Projects $ 115,550.00 1,136,646.00 350,000.00 500,000.00 3,750,0000.00 $ 300,000.00 985,000.00 1,350,000.00 1,000,000.00 150,000.00 500,000.00 S3,000.0Q $524,000.00 870,000.00 939,000.00 in 336 Neighborhood Storm Drain Program Garden City Flood Reduction Project Massachusetts Avenue, N. W. 60,000.00 Parks Railside Linear Park Economic DeveloDment Improvements to Virginia Museum of Transportation Total (See summary on file in the City Clerk's Office.) $545,000.00 II 650,000.00 $1,500,000.00 813.000.00 $23,000,000.00 Ms. Barbara N..D. uerk, 2607 Rosalind Avenue, S. W., representing the Executive Commtttee of the Blue Ridge Bicycle Club, spoke in support of computerization of signalization in the City of Roanoke to enable bicyclists to make left tums. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 1:00 p.m., the Mayor declared the meeting in recess until 2:00 pom, At 2:00 p.m., the Roanoke City Council meeting reconvened in the Council Chamber, with the following Council Members in attendance: PRESENT: Council Members Delvis O. McCadden, John H. Parrott, William White, Sr., Linda F. Wyatt, Elizabeth T. Bowles, Wendell H. Butler and Mayor David A. Bowers. 7. ABSENT: None Ow 337 OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attomey; James D. GHsso, Director of Finance; and Mary F. Perker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend Larry Att(in, Pastor, Edgewood Christian Church. The Pledge of Allegiance to the Flag of the United States of America wae led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT-UVA: Mr. Parrott offered the following re~olution congratulating and commending the Univareity of Virginia Cavaliers on an outstanding football season culminating in · greet victory at the Peach Bowl: (#32853-031866) A RESOLUTION congratulating end commending the University of Virginia Cavaliers on an outstanding football aeason culminating in a great victory at the Peach Bowl. (For full text of Resolution, see Resolution Book No. 58, page 263.) ACTION: Mr. Parrott moved the adoption of Resolution No. 32853-031896. The motion wes seconded by Dr. Butler end adopted by the following vote: AYES: Council Members McCedden, Parrott, White, Wyatt, Bowies, Butler and Mayor Boware 7. NAYS: None 0. On behalf of Athletic Director Terry Holland, Phillip Monahan, Administrative Assistant, University of Virginia, accepted a ceremonial copy of the ebovereforenced resolution, along with · City of Roanoke paperweight and a Virginia Cup with the City Seal affixed thereto for presentation fo Head Coach George Welch. The Mayor also presented Mr. Monahan with · City of Roanoke paperweight. SCHOOLS: The Mayor advised that on July t, 1996, there will be two vacancies on the Roanoke City School Board, for terms of three years each, ending June 30, 1999. He stated that pursuant to Chapter 338 ACTION: 9, ~,dlJs~tt]Q[l, Article II, Procedure for Election of School Trustees. Section 9-19, Preliminary_ Screenino of Candidates. of the Cods of the City of Roanoke (t979), 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 March 11, 1996, at 5:00 p.m., which was the deadline for receipt of applications, the following persons had applied for the two upcoming vacancies: James P. Bsstty FaHey Childress ChaHss W. Day EaH G. Gurtner Martin D. Jeffrey James K. Lows, Jr. Barry L. Thomas Brian J. Wishneff (See applications on file in the City Clerk's Office.) Ms. Wyatt moved that the applications be received and filed. The ~ motion was seconded by Mr. Parrott and unanimously adopted. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would bo 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 of probable litigation, specifically a settlement offer received in a collection matter; and to discuss personnel matters with regard 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, 339 ACTION: ACTION: commissions and committees appointed by Council, pursuant to Section 2.t-344 (A)(t), Code of Virginia (19S0), 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 pereonnel mattere relating to vacancies on various authorities, boarde, commiesione and committees appointed by Council, pursuant to Section 2.1-344 (A)(t), Code of Virginia (1950), ae amended. The motion wae seconded by Dr. Buffer and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Buffer and Mayor Boware 7. NAYS: None 0. BILLINGS AND COLLECTIONS-COUNCIL: A report of the City Attomey requesting that Council meet in Executive Session to discuss a matter of probable litigation, specifically a settlement offer received in a collection matter, pursuant to Section 2.1~.~ (A)(7), Code of Virginia (t950), as amended, was before the body. (For full text, see report on file in the City Clerk's Off:ce.) Mrs. Bowies moved that Council concur in the request of the City Attorney to convene in Executive Session to discuss a matter of probable litigation, specifically a settlement offer received in a collection matter, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Buffer and Mayor Bowers 7. NAYS: None O. MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee held on Monday, March 4, 1996, were before Council. 34O ACTION: The Audit Committee addras~ed the following items: Clerk of Circuit Court - June 30, 1995 Preliminary Survey: Risk Management Long-Term Debt Substantive Testing: Civic Center Contmis Evaluation: Parking Tickets Risk Management Audit Report Long-Term Debt Audit Report Civic Center Audit Report Parking Ticket Audit Report The Municipal Auditor advised of the following changes in the 1996 Audit Plan: eliminate controis evaluation of bingo and raffles because the State will take over this function on July 1, 1996; delay controls evaluation of Prepared Food and Beverage Tax because of turnover in Office of Billings and Collections; and add follow-up to controls evaluation of Transportation Fund. (For full text, see minutes on file in the City Clerk's Office.) Mrs. Bowles moved that the minutes be received and filed. The motion was seconded by Dr. Butler and adopted by the following vote: 341 AYES: Council Members McCadden, Psrrott, White, Wyatt, Bowles, Buffer and Mayor Bowers 7. NAYS: Non--. 0. COMMITTEES.CIVIC CENTER: A communication from the Honorable W. Alvin Hudson, Sheriff, tendering his resignation as a member of the Roanoke Civic Center Commission, effective immediately, was before Council. (For full text, sss communication on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that the communication be mcaived and filed and that the resignation be accepted with regret. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Butler and Mayor Bowers 7. NAYS: None 0. i COMMITTEES-OATHS OF OFFICE-YO.U. TH-ECONOMIC DEVEL. OPMENT: The following reports of qualification were before Council: ACTION: Patrick B. Shumate as a member of the Youth Services Citizen Board for term ending May 31, 1997; and Phillip F. Sparks as a member of the Economic Development Commission to fill the unexpired term of Brian J. Wiehneff, resigned, ending June 30, 1998. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the reports of qualification be received and filed. The motion wes seconded by Dr. Butler and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Buffer and Mayor Bowers 7. NAYS: None 0. 342 HEARING OF CITIZENS UPON PUBLIC MATTERS: TRAFFIC-NEIGHBORHOOD ORGANIZATIONS: Richard H. Hendricks, Vice-President, Hollins Road North Civic League, appeared before Council and presented a petition signed by approximately 1,067 persons in support of a traffic signal at the intersection of Hollins Road and Liberty Road, N. E. (See petitions on file in the City Clerk's Office.) ACTION: Ms. Wyatt moved that the matter be referred to the City Manager for investigation and report to Council. The motion was seconded by Mrs. Bowles and unanimously adopted. OTHER HEARINGS OF CITIZENS: SCHOOLS: Mr. Earl G. Gurtner, 2326 Barnhill Lane, S. W., a School Board applicant, appeared before Council and presented additional information to be included with his application for appointment to the Roanoke City School Board. · ~ (For full text, see communication on file in the City Clerk's Office.) PETITIONS AND COMMUNICATIONS: ACTS OF ACKNOWLEDGEMENT.CITY SHERIFF-CITY JAIL: A communication from the Honorable W. Alvin Hudson, Sheriff, advising that the Roanoke City Jail has again been accredited by the National Commission on Correction Health Care for its compliance with NCCHC Standards for Health Services in Jails, was before Council. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. White moved that the communication be received and filed. The motion was seconded by Mr. Parrott and unanimously adopted. BUDGET~MERP-SCHOOLS-EQUIPMENT: A communication from the Roanoke City School Board requesting appropriation of $88,948.00 from the t995-96 Capital Maintenance and Equipment Replacement Fund to be used for replacement of the roof at Jackson Middle School, and for the Schools' share of On-line Purchasing and 343 Fixed Assets systems; and appropriation of $2,700.00 for the 1995-96 I Child Specialty Servic..es Program.fo provide fonds for the salary and expenses of the educational coord,nafor, ~aid funds to be t00 per cent reimbursed by Stats fonds, was before Council. A report of the Director of Finance recommending that Council concur in the request of the School Board, which will be the seventh appropriation of the School Board's fiscal year 1995 CMERP funding of $2,394,036.00, leaving an unappropriated balance of $324,000.00, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Dr. Butler offered the following emergency budget ordinance: (#32855-O31896) AN ORDINANCE to amend and reordain certain sections of the 1995-96 School and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 266.) i ACTION: Dr. Butler moved the of adoption Ordinance No. 32855-O31896. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Parrott, INhits, Wyatt, Bowies, Butler and Mayor Bowers 7. NAYS: None 0. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: FIRE DEPARTMENT-YOUTH-SCHOOLS: George C. Snesd, Jr., Director of Public Safety, advised that in January 1996, a tragic fire occurred on Stewart Avenue in southeast Roanoke in which an adult and four children lost their lives, and since that time, there has been an outpouring of emotions throughout the community. He stated that the Fire Department and Emergency Medical Services have worked in 344 ACTION: conjunction with the Roanoke City Public Schools to develop a firs safety public education program which started today in the City's elementary schools; whereupon, he called on the Chief of Firs Services and Emergency Medical Services for a briefing. Firs Chief James Grigsby advised that the public education program, in partnership with the public schools, is anticipated to take approximately two weeks to complete, with involvement of approximately 7,100 children in grades K - 5 from 21 different elementary schools and 431 classrooms. He explained that the program lasts approximately 20 minutes and covers five basic safety oriented matters, viz: (1) how to report an emergency, (2) how to dial 9- 1-1 and what to say, (3) home firs exit drills, (4) how to escape from a firs, and (5) proper use of emoks detectors. He added that the program will be conducted by 13 uniformed firs personnel. Mary D. Hacklsy, Director of Elementary Education, Roanoke City Schools, complimented the Firs Department on having the foresight to see that their assistance was needed in the area of working with young people on fire safety. She advised that the program is a joint effort of the City and the Schools working together for the benefit of the children, and by the time that the homes of these 7,000 children are reached, a grsator consciousness of firs safety will exist. W'dJ~out objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: TRAFFIC-STATE HIGHWAYS-PLANNING-ECONOMIC DEVELOPMENT-VALLEY VIEW MALL-STREETS AND ALLEYS: The City Manager submitted a written report advising that the ~ Area Lona Ran_~e Trensoortation Plan 1t995-2015) includes a list of proposed roadway projects in the urbanized portion of the Roanoke Valley and a "fiscally-constrsined" list of projects that are either in progress or have the potential to be constructed within a 20 year period; and on November 28, 1994, Council concurred in the list of fiscally-constrained projects for the City and the recommended improvements for further study in connection with the plan. It was further advised that the Interchange Justification Report was completed by Wilbur Smith Associates and forwarded by the City to the Virginia Depa¢lment of Transportation (VDOT) in November 1994, I 345 requesting approval of an 1-581 interchange approximately one mile south of Herehberger Road, which location i~ just south of the new Wal- Mart Superetore; VDOT subsequently forwarded the study, with a favorable recommendation for partial interchange, to the Federal Highway Administration (FHWA); and the partial interchange would be designed for northbound 1-581 traffic to enter the Valley View Mail area and for traffic leaving the mall area to re-enter 1-581 in the southbound direction, which are the two traffic movements most needed to relieve the 1-5811 Herehberger Road interchange. It was explained that in September 1995, the Federal Highway Administration advised VDOT that it could not approve the specific request since it did not meet Federal requirements for full interchanges on the interstate; a subsequent meeting with the Virginia Depa,~,,ent of Transportation and the Federal Highway Administration led to FHWA's willingness to consider the partial interchange if it were a phase in an overall long-term improvement of 1-581, which partial interchange could serve as the first phase of a long-term project that would begin on 1-581 just north of Herehberger Road and would continue along 1-58t to a location just south of the proposed interchange; and Wilbur Smith Associates is currently preparing a i functional plan of the long-term 1-581 project, which includes project staging, coats, supporting traffic analyses, and an economic analysis which would demonstrate the economic importance of the commercial activity in the 1-581/Herehberger Road ares to the community and the region. The City Manager advised that the City Planning Commission was briefed on the proposed interchange at its regular meeting on March 6, t996, and endorsed the proposed improvements, including the partial interchange; endorsement by Council for the overall long-term improvement of 1-581, including the partial interchange, can be presented to the Virginia Department of Transportation at a pre- allocation hearing on Tuesday, April 2, 1996, with the desired goal of having the Commonwealth Transportation Board agree to include the project, with some projected allocation of funds in VDOT's next Six- Year Improvement Program; toward that goal, Council approved $5.0 million for the 1996 Bond Issue for construction of the papal interchange; an indication of prior project support occurred on October 23, 1995, pursuant to Ordinance No. 32703-102395, which 346 authorized issuance of the General Obligation Public Improvement Bonds; and it is anticipated that adjoining property interests would bear the cost of the roadway connection that would link the interchange to Valley View Boulevard. It was pointed out that the Tenth Street connection to the interchange is no longer being proposed and, therefore, requires an amendment to delete the proposed interchange from the Roanoke City Thoroughfare Plan; inasmuch aa the Thoroughfare Plan is an element of the City's Comprehensive Plan, a public hearing will be necessary to make such an amendment, which has been scheduled for Council's meeting on Monday, April 15, 1996; the highway planning process for the project also requires an amendment to the Roanoke Valley A~= Lono Ran_se Transoortation Plan; a public meeting is scheduled for Tuesday, April 2, 1996, to provide interested parlies with an opportunity to evaluate the proposed project and the project amendment; and the City Planning Commission and City Cou.n. cil will be asked to offic, ially adopt the amendment at respective meetin,s on Aoril 3 and April 15, 1996. - r-- ...... ACTION: The City Manager recommended that Council endorse !m. pro.vements to 1-~.81 consisting of an initial phase for a partial ,ntercnange, approximately one mile south of Hershberger Road, and ultimate improvements along 1-581 from a location just north of Hershberger Road to a location just south of the proposed interchange. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (~328564)31896) A RESOLUTION endorsing certain improvements to Interstate 581 consisting of the Interstate 581/Valley View Boulevard Interchange. (For full text of Resolution, see Resolution Book No. 58, page 267.) Mr. White moved the adoption of Resolution No. 328564)31896. The motion was seconded by Mr. Parrott. Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., advised that the 1-581/ Wal-Mart Interchange is a "done deal", and expressed concern about the cost of the interchange to Roanoke City taxpayers. She stated that tho interchange does not meet Federal Highway 347 Administration guidelines or VDOT standards, and VDOT has refused to fund any portion of rite roadway which means that t00 per cent of the cost must be bome by the citizens of the City of Roanoke. She expressed concern that the 1994 bond referendum appropriated $5.0 million for the interchange and questioned how two rempe and a bridge over 1-58t can be built for $5.0 million, particularly if the structures must be built to Federal highway safety standards. Before approving the 1-581 interchange and addition and before requesting that it be VDOT's number one priority, she requested that total costs be determined, along with assessment of additional infrastructure that will be necessary to support traffic flow associated with the project since the interchange will allow more traffic in the area of Airport Road, Towns Square and Peters Creek Road. She stated that the City should be pro-active and not re-active and should strive to connect transportation needs rather than construct projects on a piece-meal basis. Resolution No. 32856-031896 was adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Buffer and Mayor Beware 7. NAYS: None 0. INSURANCE-TAXES-ARMORY/STADIUM-SPECIAL PERMITS: The City Manager submitted a written report advising that American Shows, a Roanoke-based promotor, is sponsoring a series of auto races; Victory Stadium has been requested for use as the site for 13 races, tentatively scheduled for April 20, May 18, June 8, June 22, July 6, July 19, July 20, July 27, August 3, August 17, August 31, September 20, and September 21, 1996; American Shows has requested that the City Council establish a fee of eight per cent of gross receipts and that a fiat fee of $350.00 for night usage be waived for all 13 events and in exchange, they propose a minimum fee of $1,500.00 for each event regardless of attendance, with an additional six per cent of gross receipts for all paid admissions above 3,000 persons; in addition, a commission of tan per cent on gross sales would be paid on the sale of all non-food items by American Shows or its representatives at the events; and admission taxes would still apply, as well as the City's Prepared Food and Beverage Tax. 348 ACTION: The City Manager recommended that Council approve the request of American Shows and that Council modify Victory Stadium fees for the t996 racing season from eight per cent of gross receipts and a fiat $350.00 nighttime usage fee to a per event fee of $1,500.00 minimum fiat fee, with an additional fee of six per cent of gross receipts of adult admissions exceeding 3,000 per event; and that he be authorized to execute a contract with American Shows for rental of Victory Stadium at the modified fees, said contract to be approved as to form by the City Attomey. (For full text, see report on file in the City Clerk's Office.) Dr. Buffer offered the following resolution: (~32857-031896) A RESOLUTION authorizing the City Manager to execute an Agreement with American Shows for the use and rental of Victory Stadium, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 58, page 268.) Dr. Buffer moved the adoption of Resolution No. 32857-031896. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Buffer and Mayor Bowsm 7. NAYS: None 0. INSURANCE-ARMORY/STADIUM-SPECIAL PERMITS-TRUST: The City Manager submitted a written report advising that TRUST is a United Way agency offering crisis prevention and intervention, information and referral, emergency shelter, and related services; and Victory Stadium has been requested for use as the site for a "TRUST 500" fundraisar event, which includes a car show, live entertainment, vending of automotive memorabilia and autograph sessions with NASCAR drivers, scheduled to be held on Friday, April 19, 1996, from 12:00 noon until 9:00 p.m. It was further advised that TRUST has requested that the no~,-,al rental fee of eight per cent of gross receipts and the fiat fee of $550.00 for day and night usage be waived for the event, and in place thereof, TRUST will reimburse the City for all direct costs (labor, materials, 349 services, and utilitiss) associated with preparation, staging, and i cleanup for the event; admission taxes would still apply, as well as vendor obligation to pay applicable sales tm;ss and City vendor licensing fees; and food and beverage concession Hghta are not being granted to TRUST inasmuch as the rights are under contract to the Swanson Corporation. The City Manager recommended the Council approve the request of TRUST and waive the Victory Stadium rental fees for the 1996 "TRUST 500' automobile race and instead TRUST will reimburse the City for all direct expanses incurred by the City in aupport of the event; and that he be authorized to execute an agreement with TRUST for use of Victory Stadium, said agreement to be in a form to be approved by the City Attomey. (For full text, sss report on file in the City Clerk'a Office.) Mra. Bowies offered the following resolution: (f~32858-031896) A RESOLUTION waiving the standard rental fee for the use of Victory Stadium, and authorizing the City Manager to i execute an Agreement with TRUST for the uae of Victory Stadium for a fundraissr, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 58, page 269.) ACTION: Mre. Bowies moved the adoption of Resolution No. 328584)31896. The motion was seconded by Ma. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Buffer and Mayor Bowers 7. NAYS: None 0. BUDGET-HUMAN DEVELOPMENT-GRANTS-FDETC: The City Manager submitted a written report advising that the Fifth District Employment and Training Consortium administers the Federally funded Job Training Partnership Act (JTPA) for the Fifth Planning District; the Consortium serves eligible residents in the Counties of Alleghany, Botetourt, Craig and Roanoke and the Cities of Clifton Forge, Covington, Roanoke and Salem; and the FDETC serves dislocated workers who have been laid off from employment through no fault of 350 their own (under Title III) and the economically disadvantaged, as determined by inc.o, me guidelines established by the U. S. Department fl of Labor (under T, tle II-A, II-C and the Summer Youth Employment Program). . It was further advised that the City of Roa.no. ke is the g.rent recipient for Fifth District Employment and Tram,ng Consortium funding, and Council must appropriate funding for all grants and other monies received by the Consortium; the Governor's Employment and Training Department (GETD) has sent to the Consortium Noticss of Award and adjustments for progrenm which include on-the-job training, work experience, job related education, classroom training, job placement activities, and remedial education in the following amounts: Title II-B Carry-In Funds - $36,365.00, Notlca of Award No. 9503-09 will be added to the funding for Title II-C to serve youth ages 16 - 2t. Jurisdictions in the Fifth Planning District, which include the Cities of Roanoke, Salem, Clifton Forge and Covington, as wall as the Counties of Roanoke, Alleghany, Botetourt and Craig were requested by the Consortium to contribute a total of $23,0t8.23 to offset the agency's administrative costs. The FDETC has entered into a Memorandum of Understanding with Family Service of Roanoke Valley to provide two training activities (Employment Readiness and Placement and Educational Opportunities) to their clients from the Alternative Punishment Program, and Family Service of Roanoke Valley will pay the Consortium $18,480.00 for the service. The City Manager recommended that C.o. uncil appropriate F!fth District Employment and Training Conso..rtium funding totall,ng $61,318.03, and increase the revenue estimate by $61,318.03 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: 351 (~32859-03t896) AN ORDINANCE to amend and reordain certain sect]oM of the 1995-96 Consortium Fund AppropHat]orm, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 88, page 270.) ACTION: Mr. McCedden moved the adopt]on of Ordinance No. 32859- 031896. The mot]on was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Membere McCadden, Parrott, White, Wyatt, Bowies, Butler and Mayor Bowere 7. NAYS: None 0. CITY ATTORNEY: ELECTIONS-COUNCIL-CITY GOVERNMENT: The City Attorney submitted a written report advising that at the Council meeting on January 16, 1996, Council Member McCadden offered the opinion that City Council elect]oes should be without regard to political affiliation, and req..uested ~at the City Attomey research the matter and present altemafives ehminate affiliation in the local electoral process; and by unan,mous vote, the matter was referred to the City Attomey for review and report. The City Attorney submitted a written report reviewing current election procedures for Mayor and Council Members, alternatives to the current process for electing members of Roanoke City Council, and First Amendment issues. In conclusion, the City Attorney advised that as to the process by which one becomes a candidate for Mayor or City Council and obtains a place on the ballot, the City of Roanoke's Charter provisions are similar to those of the majority of Virginia cities; as a matter of law, political parties have a role in this process by virtue of their power to make nominat]ons; and while political parties may be removed from the formal nominating process, the First Amendment protects the right of the parties and their members to endorse candidates for all offices and to seek the election of these persons, as well as the right of candidates to identify themselves as members of a particular political party. 352 ACTION: ACTION: Mr. McCadden moved that Council hold a public hearing to receive the views of citizens on non-partisan City Council election procedures, and that the City Attorney be requested to prepare the proper measure following the public hearing. The motion was seconded by Mr. Parrott. Mr. White stated that having heard no public concern on the issue, he could not vote in support of holding a public hearing. Ms. Wyatt advised that there is currently a mechanism in place which allows citizens who are non-partisan to run for City Council; therefore, the proposal appaare to be an exercise in futility. Dr. Butler also stated that the City presently has the opportunity to hold non-partisan elections if it so desires. Mr. McCadden'a motion, seconded by Mr. Parrott, was adopted by the following vote: AYES: Council Members Bowies, McCadden, Parrott and Mayor Bowers 4. NAYS: Council Members Wyatt, White and Butler- 3. Mr. White called attention to considerable discussion in the community with regard to the lack of closure on the question of whether the City should have a referendum to determine if the qualified voters of the City wish to have some form of modified ward system for electing City Council Members; whereupon Mr. White moved that Council hold · public hearing on the question of holding a referendum to consider whether Councilmanic election procedures should be changed to some form of modified ward system. The motion was seconded by Dr. Butler and unanimously adopted. Ma. Evelyn D. Bethel, 35 Patton Avenue, N. E., requested that Council hold the public hearing with regard to the question of holding a referendum on some form of modified ward system for electing City Council Members before holding the public hearing on non-partisan election procedures for electing City Council members. There was further discussion as to the appropriate time for holding the public hearings; whereupon, it was the consensus of Council that the public hearing on the question of a referendum on 353 some form of modified ward sys .te.m will .be held on Mond?y, April 22, 1996, at 7:00 .p.m.; a.nd. the pub. hc heenng on the question of non- partisan election of C,ty Counc,I Members will be held on Monday, May t3, 1996, st 7:00 p.m. At 3:20 p.m., the Mayor declared the meeting in recess. At 3:30 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. REPORTS OF COMMITTEES: BUDGET-SIDEWALK/CURB AND GUTTER-BONDS/BOND ISSUES-PUBLIC WORKS-CAPITAL IMPROVEMENTS PROGRAM: 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 construction of new concrete sidewalks, entrances and curb and gutter improvements throughout the City as pert of the t996 Bond Issue, and recommended that Council approve the following actions: the City Manager to execute .a unit price contract authol'iz~ with H. & S. Construction Co., ,n the amount of $285,950.00, with a project contingency of $25,000.00; transfer $310,950.00 from Public Improvement Bonds - Series 1996 Streets and Sidewalks, Account No. 008-052- 9701-9191 to a new account to be established by the Director of Finance in the Capitel Projects Fund entitled, "Sidewalk and Curbs Phase I"; 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.) 354 ACTION: ACTION: Mr. Psrrott offered the following emergency budget ordinance: (~32860-031896) AN ORDINANCE to amend end reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 271.) Mr. Parrott moved the adoption of Ordinance No. 32860-031896. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Butler and Mayor Bowers 7. NAYS: None 0. Mr. Parrott offered the following emergency ordinance: (~3286t-031896) AN ORDINANCE accepting the bid of H. & S. Construction Co., for construction of new concrete sidewalks, entrances, and curb and gutter improvements throughout the City, 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. 58, page 272.) Mr. Parrott moved the adoption of Ordinance No. 32861-031896. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members McCsdden, Parrott, White, Wyatt, Bowles, Butier and Mayor Bowers 7. NAYS: Nono 0. 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 proposed contract for the sale of bulk water to the Town of Vinton. 355 A staff report advised that the current bulk watar rets to the Town i of Vinton is $1.66. per 100 cubic ...f~.t billable units, which rets is adjustad annually ,n accordance w~th Resolution No. 24472, adoptad on December 26, t978, to reflect a rata of 150 per cent of the cost of providing watar service over the City's entire watar system; a request has been received from the Vinton Town Manager for a rata equal to the rata charged to Roanoke County for bulk service in return for a five- year contract conditioned on PFG, Inc., remaining in operation and guarentaeing a minimum quantity of 500,000 gallons per month; the current rata charged to Roanoke County is $1.38 per 100 cubic feet billable unit and is adjusted annually to reflect a rata to produce 125 per cent of the revenue received from watar service to City customers; PFG, Inc., is the major user of watar from the City eyetam, although approximataly two dozen Town of Vinton residents receive City watar and approximataly one dozen Roanoke City residents receive Town of Vinton watar in an exchange agreement; and usage by PFG, Inc., is currently averaging t,000,000 gallons per month, with actual usage for the month of March 1995 at 1,497 billable units, or 1,123,000 gallons. The Water Resources Committee recommended that Council agree to the concept of equalizing the bulk watar rata to the Town of Vinton with the rets charged to Roanoke County and a~thorize staff to draft a contract, in to be the City Attorney, to El. form approved by. recommend to Council for a five-year period ~nth the Town of Vinton, effective July 1, 1995. (For full taxt, see reports on file in the City Clerk's Office.) Mrs. Bowles offered the following resolution: (~t32862-03t896) A RESOLUTION authorizing execution of a Bulk WatarPurchaee Agreement between the City of Roanoke and the Town of Vinton. (For full taxt of Resolution, see Resolution Book No. 58, page 273.) ACTION: Mrs. Bowles moved the adoption of Resolution No. 32862-031896. The motion was seconded by Mr. McCadden and adoptad by the following vote: 356 ACTION: AYES: Council Membere McCadden, Parrott, White, Wyatt, Bowles, Butler and Mayor Bowers 7. NAYS: Non= 0. BRIDGES-PLANNING-VIRGINIA TECH-HOTEL ROANOKE CONFERENCE CENTER: A report of the City Planning Commission advising that on November 20, 1995, the City Manager requested that the Planning Commission provide Council with · recommendation of between three and five alternative names for the naming of the new pedestrian bridge connecting the Hotel Roanoke Conference Center with the downtown area; and the City Planning Commission's Ordinance and Names Subcommittee met on Wednesday, February 21, 1996, to consider the request, was before Council. The City Planning Commission recommended that Council consider the following names: Downtown Pedestrian Way Market Square Walkway Conference Center Skywalk (For full text, see report on file in the City Clerk's Office.) Mr. Parrott moved that the new pedestrian bridge be named "Market Square Walkway". The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt and Butler 5. NAYS: Council Member Bowies and Mayor Bowers UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: EASEMENTS-CITY PROPERTY-WATER RESOURCES: Ordinance No. 32852 authorizing execution of a deed granting a permanent non- exclusive easement across City-owned property, located in Bedford County and bearing Official Tax Map No. 120-A-10, for access to adjoining property owned by David Fore, et al, as shown on a survey 357 attached to a report of the Water Resources Committee under date of February 20, 1996, having previously been before the Counci! for its first reading on Monday, March 4, 1996, read and adopted on ~te first reading and laid over, was again before the body, Mr. McCedden offering the following for its second reading and final adoption: (~32852-O31896) AN ORDINANCE authorizing execution of a deed granting a permanent easement across City-owned property located at the Besverdam Reservoir in Bedford County for use as an access road by adjoining property owners, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 58, page 262.) ACTION: Mr. McCadden moved the adoption of Ordinance No. 32852- 031896. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Butler and Mayor Bowers 7. NAYS: None. 0. COUNCIL-DOWNTOWN ROANOKE, INCORPORATED: Mr. Parrott offered the following resolution changing the time and place of commencement of the regular meeting of City Gouncil scheduled to be held at 12:30 p.m., on Monday, April 1, 1996, to 12:00 noon, on Monday, April 1, 1996, at the Crsster Bank Building, Mezzanine Level, 37 West Church Avenue, with the 2:00 p.m., session on the same date to be held in the City Council Chamber. (~/32863-031896) A RESOLUTION changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:30 p.m., on Monday, April 1, 1996. (For full text of Resolution, see Resolution Book No. 58, page 274.) ACTION: Mr. Parrott moved the adoption of Resolution No. 32863-031896. The motion was seconded by Mrs. Bowles and adopted by the following vote: 358 ACTION: AYES: Council Members McCedden, Parrott, White, Wyatt, Bowles, Butier and Mayor Bowers 7. NAYS: Nono 0. MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: None. At 3:55 p.m., the Mayor declared the meeting in recess. At this point, Mr. McCadden left the meeting. At 4:50 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member McCadden. COUNCIL: With rsspect to the Executive Seesion just concluded, Dr. Butler 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 Execu'dve Session wes convened were heard, discussed or considered by City Council. The motion wes seconded by Mr. White and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Butler and Mayor Bowers 6. NAYS: None 0. (Council Member McCadden was absent.) COMMITTEES-SPECIAL EVENTS COMMITTEE: The Mayor advised that there is a vacancy on the Special Events Committee created by the resignation of William Hackley, Sr., and called for nominations to fill the vacancy. Dr. Butier placed in nomination the name of Barbara D. Bethel. 359 There being no further nominations, Ms. Bethel was elected aa a member of the Special Events Committee, for a term ending June 30, 1996, by the following vote: ACTION: FOR MS. BETHEL: Council Members Parro~ White, Wyatt, Bowies, Butler and Mayor Bowers 6. (Council Member McCadden was absent) OATHS OF OFFICE4::OMMITTEES-ZONING: The Mayor advised that there is a vacancy on the Board of Zoning Appeals created by the ineligibility of Richard A. Rife to serve another term of office, and called for nominatiooa to fill the vacancy. Mr. Parmtt placed in nomination the name of Benjamin S. Motley. There being no further nominations, Mr. Motley wee elected as a member of the Board of Zoning Appeals, for a term ending December 31, 1998, by the following vote: ACTION: FOR MR. MOTLEY: Council Members Parrott, White, Wyat'q Bowies, Butler and Mayor Bowers . . . 6. (Council Member McCadden was absenL) OATHS OF OFFICE4::OMMITTEES-VIRGINIA TECH-HOTEL ROANOKE CONFERENCE CENTER: The Mayor advised that the term of office of James D. Grisso as a Commissioner of the Hotel Roanoke Conference Center Commission will expire on April t2, 1996, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of James D. Grisso. There being no further nominations, Mr. Grisso was reelected as a Commissioner of the Hotel Roanoke Conference Center Commission, for a term ending April 12, 2000, by the following vote: ACTION: FOR MR. GRISSO: Council Members Parrott, White, Wyatt, Bowles, Butler and Mayor Bowers 6. (Council Member McCadden was absent.) 360 At 4:55 p.m., the Mayor declared the meeting in recess until 7:00 p.m. At 7:00 p.m., the Roanoke City Council meeting reconvened in the Council Chamber, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding: PRESENT: Council Members Delvis O. McCadden, John H. Parrott, William White, Sr., Linda F. Wyatt, Elizabeth T. Bowies, Wendell H. Butler and Mayor David A. Bowers 7. ABSENT: None 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 wee 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-HOCKEY: Mr. McCadden offered the following resolution commending and congratulating the Roanoke Junior Express Hockey Team upon placing second and winning the Bronze Medal in the International Junior Hockey Tournament held in Montreal, Quebec, Canada, on February 23, 24 and 25, 1996; for winning the Mid-Atlantic Championship, placing first and winning the Gold Medal in the Mid-Atlantic Tournament held on March 1, 2 and 3, t996; and the team will play in a Tier 2 Tournament in Maryland on March t5, 16 and 17, 1996, with hopes of going on to compete in a National Tournament: (~32854-03t896) A RESOLUTION commending and congratulating the Roanoke Junior Express Hockey Team. (For full text of Resolution, see Resolution Book No. 58, page 264.) 361 ACTION: Mr. McCsdden moved the adoption of Resolution No. 32854- i 03189.6. The motion was seconded by Mrs. Bowles and adopted by the follo~nng vote: AYES: Council Membere McCadden, Parrott, Wllits, Wyatt, Bowles, Butler and Mayor Bowers 7. NAYS: None 0. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. p.~IBLIC HEARINGS: 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, March 18, 1996, st 7:00 p.m., or as soon thereafter ss the matter may be heard, on the request of Woodrow C. Hickman, Jr., that s certain tract of land Iocatsd et t010 Norfolk Avenue, S. W., described es Official Tax No. 1110805, be rezoned from LM, Light Manufacturing District, to RM-1, Residential Multi-Family, Low Density District, the matter was before the body. l advertisement of the public hearing published in The Leg.al .was ~ on Friday, March 1, 1996, and Friday, March 8, 1996. (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 conform the existing residence on the property to allow physical improvements, was before Council. The City Planning Commission recommended approval of the request for rezoning, advising that the property is currently zoned as a residence and other surrounding properties are residential; and changing the zoning to RM-1 will enable the owner to make improvements to the property, inasmuch as RM-I zoning is appropriate for the land use in the area and future development patterns desired in the neighborhood. (For full text, see report on file in the City Clerk's Office.) 362 ACTION: Woodrow C. Hickman, Jr., peffffoner, appeared before Council in support of his requeet. Mr. Psrrott moved that the following ordinance be placed upon its first reading: (#32864) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 11 t, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 58, page 278.) 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 requsst for rezoning. There being none, Ordinance No. 32864 was adopted, on its first reading, by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Buffer 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, March 18, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Lee C. Harb~an that the rear portion of a tract of land measuring 75 feet by 246 feet, located off of Cove Road, N. W., described as Official Tax No. 2560134, be rezoned from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petiffoner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, March 1,1996, and Friday, March 8, 1996. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to place the property described as Official Tax No. 2560134 into a single zoning classification that 363 would permit the construction of a new 1,000 square foot warehouse building to be used in conjunction with the existing business, was before Council. The City Planning Commission recommended approval of the request for rezoning, advising that the rezoning would bring that portion of the subject parcel of land for which rezoning is sought into conformity with the zoning end ownership of the rest of the property; and the location of the proposed 1,000 square foot warehouse and the required buffer areas should minimize any impact on the neighborhood. (For full text, see report on file in the City Clerk's Office.) A representative of Jerry Grubb, Agent, appeared before Council in support of the request of the petitioner. ACTION: Mr. White moved that the following ordinance be placed upon its first reading: (~32865) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (t979), as amended, and Sheet No. 256, Sectional t976 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. 58, page 280.) 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 requeet for rezoning. There being none, Ordinance No. 32865 was adopted, on its first reading, by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles, Buffer and Mayor Bowers · 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, March t8, 1996, 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 tract of land located 364 ACTION: on Albemarle Avenue, S. E., described as Official Tax Nos. 4022213, 4022214 and 4022215, be rezoned from HM, Heavy Manufacturing Die,ct, to RM-1 Reeidectfal Multi-Family, Low Density District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertieement of the public hearing was published in The ~ on Friday, March 1, 1996, and Friday, March 8, 1996. (See publisher's affidavit on file in the City Clerk's Off~ce.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to place property described as Official Tax Nos. 4022213 -4022215, inclusive, comprising .48 acre, into a zoning classification that would permit the construction of s single family, detached dwelling, was before Council. The City Planning Commission recommended approval of the request for rezoning, advising that the proposed use of the subject property is consistent with the issues set forth in the Comprehensive Plan and the pattern of development in this established residential neighborhood; and, in addition, the subject area, because of its size and location, is not valuable for industrial developmenL (For full text, see report on file in the City Clerk's Office.) Amy C. Moore, Executive Director, Habitat for Humanity in the Roanoke Valley, Inc., appeared before Council in support of the request. Mrs. Bowies moved that the following ordinance be placed upon its first reading: (#32866) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 58, page 281.) The motion was seconded by Dr. Butler. 365 The Mayor inquired if there were pereon~ present who would like to addre~ Council with regard to the request for rezoning. There being none, Ordinance No. 32866 wes adopted, on its first reading, by the following vote: AYES: Council Members McCaddsn, Parrott, White, Wyatt, Bowies, Butler 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 healing for Monday, March 18, t996, at 7:00 p.m., or as soon thereafter aa the matter may be heard, on the request of Springwood Associates that a certain 13.8-acre tract of land lying at the no,~;, end of Gdffin Road, adjacent to the east side of Franklin Road, S. W., U. S. Route 220, described as Official Tax No. 5480712, be rezoned from RS- 3, Residential Single-Family District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the petitioner, the matter was before the body. Leg.al adverfise.m, ent of the public hearing .was published in The ~ijll(~(~_~iD]~t on Friday, March 1, 1996, and Friday, March 8, 1996. (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 develop the property for a planned residential development with a commercial center adjacent to Route 220; the applicant is requesting RPUD zoning and C-2 zoning because the subject property is less than t5 acres in size (the minimum area for a RPUD district that allows a combination of residential and commercial is 15 acres); and the project includes the following development, was before Council. 21 single family, detached residences; 36 single family, attached condominiums in three, three- story buildings of 12 units each; and 366 ACTION: One, one-~tory general commercial retail building of 12,000 square feet and one, one-story general commercial building of 20,990 square feet with s 3,800 square feet mezzanine. The City Planning Commission recommended approval of the request for razoning, advising that the project will provide a diversity of new housing within the City in addition to commercial services to residents of the RPUD and surrounding neighborhood; it is reasonable and desirable that the property be developed in a mixed-uss manner to encourage quality development along Routs 220 and adjacent neighborhoods; the proposed commercial and residential development will be provided as per the proffered sits development plan and the conditions of rezoning; both the development plan and conditions proffered by the petitioner address issues regarding the manner in which the property is developed, the type of commercial development, buffering of adjacent residential properties, access (resident concern for Edgehill connection), construction phasing of the residential and commercial components, and general design of the residential buildings; projected increases in traffic volumes for the development are expected to be adequately accommodated, with no adverse impact anticipated on the level of service for the intoraection at Fronbn~ a.nd Routs 220; the proposed project has bccn under Public di'~i'~ since early December 1995, with substantial dialog'ue over the months between Planning staff, attorneys, petitioners and residents; and every effort has been made on the part of the Cib, Pl=nninn omm,s.s,on and staff to understand conc.e..ms and to e.ncourage respons,venees on the part of both the petitioner and res,dents of affected neighborhoods. (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: (f/~32867) AN ORDINANCE to amend §36.t-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 548, Sectional 1976 Zone Map, City of R.oanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full tsxt of ordinance, see ordinance Book NO. 68, page 282.) 367 The motion was seconded by Mr. White. The Mayor inquired if there ware persons prosent who would like to address Council with regard to the request for rezoning; whereupon, Edward A. Natt, Attomey, represent]ng Springwood Associates, appeared before Council in support of the request of his client, and advised that there has been considerable compromise over s long period of time since filing the petit]on for rezoning with the City Planning Commission in December 1995; and a fifth amended petition to rezone with 12 proffers was previously submitted by his client. He called attent]on to three basic areas of concern expressed by residents of the area, viz: (1) direct access to Edgehill and other areas, (2) quality of resident]al and commercial development, and (3) increase in traffic. He explained that his client has attempted to address all of the concerns and, overall, it is believed that his client is offering a good quality development He stated that City Planning staff felt comfortable with the proposal following the review process, and the City Planning Commission unanimously recommended approval; whereupon, Mr. Natt requested that Council vote in favor of the rezoning. Eugene M. Elliott, Jr., Attorney, appeared before Council and advised that he represents a n. umber of residents of Edgehill. He I ag~cd that them has been corm,derable compro, miss and, as a result, a pet]tion ia presently before Council which ,e workable with one exception. He explained that the 2,000 square feet that has been proffered doss not solve the problem of odor emission from the restaurant which will be approximately 45 feet away from a resident]al property. He asked that Council require Mr. Natt to proffer that no restaurant shall have an exterior kitchen vent fan. Ms. Karen Terry, 4251 Joplin Road, S. W., expressed concem with regard to traffic flow to Route 220, and inquired if there will be an access to Roy Drive. In response to Mr. Elliott's concern, Mr. Natt advised that between the subject property and the resident]al property question, his client has proffered a 35 foot buffer zone with a minimum of two rows of Leland Cypress trees to be planted on staggered centers, ten feet apart, to insure proper screening and buffering. He pointed out that odor should not be a major concern from a restaurant of this size. 368 Following discussion of Mr. Elliott's request for an additional pro.ffer, the City Attorney adv?ed that Coun.cil cou. ld vote on the ord,nance on its first reading th,a evening and, ,n the interim, Mr. Natt could submit a sixth amended petition; however, if the proffer is not acceptable to Mr. Elliott, he could appear before Council when the ordinance is considered on its second reading. Following further discussion. Mr. Natt orally presented a sixth amended petition/proffer, as follows: "Any restaurant shall include stste-of-the-art odor abatement equipment". With the understanding that the aboveetstsd proffer will be submitted in the form of a sixth amended petition for rezoning, Ordinance No. 32867, as amended, was adopted on its first reading by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, Butler and Mayor Bowers 7. NAYS: Nona 0. CITY CODE-PARKS AND RECREATION-TAXES-SPECIAL PERMITS-PEDDLERS/ITINERANT MERCHA.N. TS-FESTIVAL IN THE I PARK: Pursuant to instructions of Counc,I, the City Clerk hawng advertised a public hearing for Monday, March t8, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to adoption of a measure amending the City Code to provide for imposition of a license tax upon the organizer of a craft show, art show, trade show and festival, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, March 10, t996. (See publisher's affidavit on file in the City Clerk's Office.) A joint report of the Director of Finance and the Commissioner of the Revenue advising that the City of Roanoke has never established a specific tax structure to address festivals and shows; the proposed ordinance will establish such a structure while also maintaining the itinerant merchant and street or other sellers sections in place; and the nccd for such structure stems from previous and current application of 369 the City's current license tax cede; therefore, by not specifically addressing festivals and shows in the City's curr~..nt license tax cede, events of this nature are left to be arguably claes,fled under the street seller sections currently in place, was before Council. It was explained that a craft show, art show, trade show, or festival will be identified by specific definition; once claesified by definition, such event will be exempt from local license tax provided the sponsor has entered into a written contract with the City for use of a public park, etreet or sidewalk; if such contract does not exist, the sponsor of the defined event will be required to pay a local license tax at a rate of $3.00 per vendor per day, subject to a maximum tax of $500.00; and any event that is not classified within the definition of craft show, art show, trade show, or festival will continue to be subject to the current license tax Cede. The Director of Finance and the Commissioner of the Revenue recommended adoption of a proposed ordinance to establish the tax structure for festivals and shows. (For full text, see report on file in the City Clerk's Office.) I Mr. Parrott offered the following emergency ordinance: (1/32868-031896) AN ORDINANCE amending Article III. S_Decial ~ of Chapter 19, ~ of the Code of the City of Roanoke (1979), as amended, by the addition of new Section 19- 16.1, Exem_~tion for craft shows, art shows, etc.. under certain circumstances, to provide for exemption from taxation of organizers of craft shows, art shows, trade shows and festivals held in public parks, streets or sidewalks under certain circumstances; by the addition of new Section 19-78.1, Craft shows, art shows, b"ade shows and festivals. to provide for the imposition of a license tax upon the organizer of s craft show, art show, trade show and festival and the exemption from licenes tax for the individual exhibitors; amending Section 19-80, Street ~ of the Code of the City of Roanoke (1979); and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 275.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 32868-031896. The motion was seconded by Ms. Wyatt. 370 The Mayor inquired if there were pemor~ present who would lika to addmes Council with regard to tho matter. Thom. being none, Ordinance No. 328684)31896 was adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowies, But]er and Mayor Bowers 7. NAYS: None 0. HEARING OF CITIZENS UPON PUBLIC MATTERS: TRAFFIC-ZONING-COMPLAINTS-HOUSING/AUTHORITY- STREETS AND ALLEYS: Mr. Ray W. Barbour, 686 Montroae Avenue, S. E., expressed concern with regard to single family, two-~tory dwellings which ars purchased for conversion to duplex units without providing adequate off-street parking, thereby leading to crowded conditions on narrow City streets; whereupon, the Mayor requested that John R. Marlles, Chief of Planning and Community Development, contact Mr. Barbour to discuss specific conceme. TRAFFIC4~OMPLAINTS-STREETS AND ALLEYS: Mr. Woodrow C. Hickman, Jr., t010 Norfolk Avenue, S. W.,inquired es to the legality of double parking on Ci~ streets; wbe..rsupon, the M.ayor .requested that George C. Snesd, Jr., D~rector of Publ,c Safety, or h,e des,gnee, contact Mr. Hickman to discuss specific concerns. There being no further business, the Mayor declared the meeting adjourned at 8:15 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 371 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL I April 1, 1996 12:00 noon A joint meeting of the Roanoke City Council and the Board of Directors of Downtown Roanoke, Incorporated, wee called to order on Monday, April 1, 1996, at 12:00 noon, Creeter Bank Building, Mezzanine Level, 37 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Resolution No. 32863-031896, adopted by the Council on March 18, 1996. PRESENT: Council Members Elizabeth T. Bowies, Wendell H. Butler, John H. Pawott, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers 6. ABSENT: Council Member Delvie O. McCadden OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilbum C. Dibling, Jr., City Attorney; Jesse A. Hall, Deputy Director of Finance; Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; and William F. Clark, Director of Public Works. DOWNTOWN ROANOKE, INCORPORATED-COUNCIL-CONSULTANTS REPORTS: The purpose of the meeting was to receive a briefing on OUTLOOK Downtown Roanoke. The Mayor expressed appreciation to Downtown Roanoke, Incorporated, for hosting the meeting, and for the close working relationship that the City has enjoyed with the organization over the years, especially since the creation of the Downtown Service District. He expressed a special note of apprsciation to Downtown Roanoke, Incorporated, for continuing to work with the City of Roanoke to insure that the Social Security Office will remain in the downtown area, and called attention to an article from the Greensboro News and Record in reference to Roanoke and its vibrant downtown area which draws people to shop, dine and live. On behalf of the Board of Directors and approximately 230 members of Downtown Roanoke, Incorporated, Robert C. Lawson, President, welcomed the Members of Council, and invited Council Members to tour Downtown Roanoke's new headquarters in the Crester Bank Building. He introduced the following members of the Board of Directors who were in attendance: 372 Robert B. Msnetta, President-Elect Robert S. Callabe. n, Jr., V!c, Pres!dent H. lawrence Dawdson, V~ce-Pres,dent Beverly T. Fitzpatrick, Jr., Vice-President Ted E. Moomaw, Jr., Vice-President Robert W. Helms, Secretary R. Matthew Kennell, Executive Director Ginny D. McBride, Program Manager Gayla D. Williams, Program Manager Lisa M. Boone, Administrative Assistant Neva J. Smith, Executive Director, Roanoke Redevelopment and Housing Authority Mr. Lawson described OUTLOOK Downtown Roanoke as a partnership of the City of Roanoke, the Roanoke Redevelopment and Housing Authority, and Downtown Roanoke, Incorporated, together with the citizens of woatern Virginia to assemble a community-driven plan to maintain the success of the vital and growing downtown area. He explained that the plan is needed to insure the continuation of the vitality and success of the downtown area by thoughtfully charUng its future; the worldwide marketplace is changing and the City must be ready to adapt and thrive with changes the future will bring, including such trends as tslemarketing and talecommuting, .cutbacks in govemment support for cultural and tourist a;;,:actions, and demographic changes that will have an impact on everything from downtown housing to the future of the Farmer's Market. Mr. Lawson explained that consulting services and planning expenses for OUTLOOK Downtown Roanoke are estimated to cost approximately $150,000.00; OUTLOOK will be funded through a partnership between the City, the Housing Authority, and Downtown Roanoke, Incorporated, with funds raised from businesses and concerned citizens, and the coat could be higher if the scope of the planning effort is increased or the process is lengthened from its estimated one-year time frame. Mr. Fitzpatrick advised that $300 million of public and private improvements have been expended in Downtown Roanoke since 1979, and Downtown Roanoke, Incorporated, is not aware of another downtown area in the Unitad States that has experienced this kind of invas~,,ent. He stated that with OUTLOOK Downtown Roanoke, it is proposed to enlist the City's assistance, in partnership with $100,000.00 of potential public/private investment, in order to continue planning efforts. He added that Downtown Roanoke, Incorporated, wishes to insure that the funds that were expanded by the City for The Hotel Roanoke and Conference Center, the pedestrian bridge, and other public improvements continue to return the 373 investment to the citizens of the City of Roanoke. He advised that the National Trust for Historic Pressrvation will feature Downtown Roanoke in an upcoming publication highlighting the 12 most successful downtowns in the United States,and called attention to future challenges such as the vacant Heironimus building, empty store fronts, and other areas, ranging from Henry Street to areas around The Hotel Roanoke, all moving toward beautifying the gateways into Downtown Roanoke. He stated that many participants joined forces to select a design firm that understood the kinds of issues that will be critical to the City over the next five to ten years of downtown development; approximately 12 firms responded to · Request for Propmmls and four were interviewed by City, Roanoke Redevelopment and Housing Authority, and Downtown Roanoke staffs; and the committee agreed that Urban Design Associates (UDA), Pittsburgh, Pennsylvania, was the most qualified firm to perform the study. He pointed out that citizen participation will be a major component of the study, both local and regional. Representatives of Urban Design Associates presented elides of their work in Norfolk and Portsmouth, Virginia; Charlotte, North Carolina; and Pittsburgh, Pennsylvania. Following the elide presentation, Council Members were asked to participate in an exercise listing the strengths of the Downtown Roanoke area in an effort to set i the tone for the study. The following items were listed: the City Market area defines downtown Roanoke, variety of food, Roanoke should continue to build on the "Star" theme as the symbol of the City, Downtown Roanoke is compact which has allowed and encouraged more improvements to take place, unique shopping in downtown Roanoke, attractive etreetecapes and building facades, suggestions to achieve code compliance in renovated buildings (many downtown Roanoke buildings are no longer in use because Building Code compliance discourages investment), beautification, tourism and quality of life, 374 development of downtown housing, closer ties with neighborhoods in close proximity to downtown Roanoke such as Old Southwest, a feeling of peace, community and safety in Downtown Roanoke, an undisputed regional center which does not compete with surrounding IocalitJss, either economically or culturally, Center In The Square, Virginia Museum of Trensportation, and cifizene feel safe using Downtown Roanoke for social activities alter 5:00 p.m. The consultants then asked Council Members to engage in a discussion of the weaknesses of Downtown Roanoke that should be addressed in the study. The following items were listed: the need for middle and upper income housing closer to Downtown Roanoke, the railroad goes through the downtown area and should be promoted to insure that it remains a part of Rosnoke's history, traffic patterns need to be studied in order to move vehicles through Downtown Roanoke faster and more efficiently, people do not visit Downtown Roanoke because of the perception that there is no place to park, therefore, a trolley system may need to be addressed, and the need for a facility in downtown Roanoke equipped with picnic tables and restrooms for use by students on field trips. The consultants then asked Council Members to list the most important topics that the OUTLOOK Roanoke study should address in the Downtown Roanoke community; whereupon, housing was discussed, the need for grocery stores, beautification of public places, integration of the City Market area with other areas in close proximity, and using existing structures for retail purposes. 375 HEARING OF CITIZENS UPON PUBLIC MATTERS: None. There being no further business, the Mayor declared the meeang in recess et 1:25 p.m., to be reconvened in the Roanoke City Council Chamber, 215 Church Avenue, S. W., at 2:00 p.m. At 2:00 p.m., the meeting reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., with the following Council Members in attendance: PRESENT: Council Members John H. Parrott, William White, Sr., Linde F. Wyatt, Elizabeth T. Bowies, Wendell H. Butler and Mayor David A. Bowers 6. ABSENT: Council Member Delvie O. McCadden OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilbum C. Dibling, Jr., City Attorney; Jesse A. Hall, Deputy Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a preyer by The Reverend Thomas F. Stocks, Pastor, Rosalind Hills Baptist Church. I The Pledge of Allegiance to the Flag of the United States of America led was by Mayor Bowers. SCHOOLS: The Mayor advised that on July t, 1996, there will be two vacancies on the Roanoke City School Board for terms of three years, each, ending June 30, 1999. He stated that pursuant to Chapter 9, ~,dUF.,~igD, Article II, Procedure for Election of School Trustees. Section 9-19, Preliminary_ screenin, of candidates, on or before March 31, Council, as a Committee of the Whole, shall, at · 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 5:00 p.m., on March 11, 1996, which was the deadline for receipt of applications, the following persons had applied for appointment: James P. Beatty Fadey Childress Charles W. Day Earl G. Gurtner I Martin D. Jeffrey 376 James K. Lowe, Jr. Barry L. Thomas I Brian J. Wishneff The Mayor referred to a communication under date of April 1, 1996, from Barry L. Thomas withdrawing his name from consideration. (For full text, see communication on file in the City Clerk's Office.) Mr. White submitted the name of Charles W. Day for interview. Mrs. Bowies submitted the name of Brian J. Wishneff for interview. Dr. Butler submitted the name of Martin D. Jeffrey for interview. Mr. Parrott submitted the name of James K. Lowe for interview. No other names having been offered, the Mayor advised that the following persons would be accorded the formal interview on Thureday, April 25, 1996, commencing at 6:00 p.m., in the City Council Chamber: Charles W. Day Martin D. Jeffrey James K. Lowe, Jr. Brian J. Wishneff ACTS OF ACKNOWLEDGEMENT-CENTER IN THE SQUARE: Mre. Bowles offered the following resolution congratulating and commending Center in the Square upon receipt of one of 25 National Excellence Awards for The City Summit presented by the U. S. Department of Housing. and Urban Development in recognition of Center In The Square's ~nnovative approach to urban revitalization: (#3.2.8694)4019.6) A RESOLUTION congratulating . and commend,ng Center ,n the Square for rece!ving one of the 26 National Excellence Awards .for The City Summ,t preeen.ted by the. U. S. Departs. ent of Housing and Urban Development ,n recogmtion of Center ,n the Square's innovative approach to urban revitalization. (For full text of Resolution, see Resolution Book No. 68, page 284.) I 377 ACTION: Mm. Bowles moved tim adoption of Resolution No. 32869-040196. I The moffon was seconded by Mr. Perrott and adopted by the following : vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Buffer and Mayor Bowers 6. NAYS: None ..... (Council Member McCadden was absent.) CONSENTAGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be mutins 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; whereupon, Mrs. Bowles requested that Item C-3, a communication from the Honorable Gordon E. Peters, City Treasurer, announcing hie retirement, effective May 31, 1996, be removed from the Consent Agend.a. for disc .ussion. He called specific attention to a .m..queet for an I Executive ..p.e. rsonnel w~.th .regard to Session to discuss matters vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the regular meetings of City Council held on Monday, December 1t, 1995, and Monday, December 18, 1995; the meeting of Roanoke City Council, the Roanoke City School Board, and the City's representatives to the 1996 Session of the Virginia General Assembly held on Monday, December 18, 1995; and the Planning Workshop of City Council held on Wednesday, December 27, 1995, 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: 378 ACTION: AYES: Council Members Parrott, White, Wyatt, Bowles, Butler and Mayor Bowers, (~' ! 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)(t), Code of Virginia (1950), as amended. The molJon was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowies, Butler and Mayor Bowers I;. NAYS: None. (Council Member McCadden was absent.) OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING DEPARTMENT-VIRGINIA TECH-HOTEL ROANOKE CONFERENCE CENTER COMMISSION: The following reports of qualification were before Council: Ralph K. Smith to fill the unexpired term of Gene Wirt, resigned, ending November 10, 1999, and Tommy L. Dowdy for a term ending November 10, 2000, as members of the Building Cede Appeals Board, Building Maintenance Division (Volume II); and '1 379 James D. Grisso es s Commissioner of the Hotel Roanoke Conference Center Commission for a term ending April 12, 2000. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that the reports of qualification be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Butler and Mayor Bowers 6. NAYS: None 0. (Council Member McCadden was absent.) CITY TREASURER: A communication from the Honorable Gordon E. Peters, City Treasurer, announcing his retirement, effective May 31, 1996, was before C. ouncil. I (For full text, see commumcation on file in the City Clerk's Office.) ACTION: Mr. White moved that the communication be received and filed, and that the City Attomey be requested to prepare the proper measure recognizing the 30 years of service of Mr. Petore. The motion was seconded by Mr. Parrott and adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: SEWERS AND STORM DRAINS-PARKS AND RECREATION- PUBLIC WORKS-PLANNING-FIFTH PLANNING DISTRICT COMMISSION- GREENWAY SYSTEM: Lucy R. Ellett, Chair, Greenways StesHng Committee, appeared before Council and announced completion of the Roanoke Valley Greenways Conceptual Plan. She advised that the Plan not only describes the benefits of greenways, but includes proposed trails as delineated by the more than 300 citizens who attended public meetings last summer. She stated that in January, 1996, Council approved an application for ISTEA funding for the Mill Mountain Gresnways Project, and selection of that particular greenway was a pilot project that came about as a result of prioritizing the suggested 380 trails in the Pisn, and Council's support and encouragement throughout the planning process has been vital. She furth®r stated that it is hoped that ISTEA funding will be swarded to the project in order to move forward with implementation, and called attention to the enthusiasm of Roanoke Valley citizens. Ms. Ellett explained that st its March 21, 1996, meeting, the Roanoke Valley Greenways Open Space Steering Committee unanimously adopt~l a resolution regarding the sewer interceptor upgrade along the Roanoke River and Tinker Creek in Roanoke City, and since the sewer upgrade is a regional project, the Steering Committee will make s similar request of the governing bodies of Roanoke City, Roanoke County, Botatourt County, City of Salem, and Town of Vinton. She advised that the Roanoke Valley Graenways Open Space Steering Committee recommends that the sewer interceptor project along the Roanoke River and the Tinker Creek be planned and engineered in such s way so as to enable futura construction of a graenway along the river and the creek; and the Committee requests: (t) reconstruction of the river bank and creek bank be designed in such a way that will make graenway construction easier in the future by considering how grading, benching, or other changes in topography will facilitate futura use as a greenway, and (2) while officials ara discussing utility easements with property owners, they should also ask for recreational or trail easements where feasible. Ms. Elistt also addressed a request for funding for a greenways coordinator, and advised that it is believed that funding will be available for a half-time planner at the Fifth Planning District Commission, but emphasized the need for s full-time graenways coordinator in addition to the half-time position who would also be housed at the Fifth Planning District Commission Office and could be funded by local government contributions, viz: Roanoke County Roanoke City City of Salem Town of Vinton $21,600.00 28,800.00 7,200.00 2,400.00 She explained that from all indications, the salary for the coordinator could be covered through grants or contributions, private funds, or in- kind contributions. 381 Ms. Ellett emphasized the importance of continuing the regional cooperation whic. h this project has fostered, and on behalf of the Greenwsys Steenng Committee, she expressed a.p. preciation for the City's support over the past year and urged continued cooperative efforts in order to take advantage of all future opportunities, such as the sewer line interceptor. The City Manager referred to his communicafion under date of March 27, 1996, with regard to the sewer interceptor project along the Roanoke River and Tinker Creek, and advised that the Tinker Creek and Roanoke River Interceptor Projects have been under design for the past 12 months, the City is under contract with the other valley jurisdictions to design the project, and it is imperative to proceed in a timely manner so as to insure that sewer connections proceed without interruption. He stated that staff and consulting engineers have been cautioned to do nothing that will impede future development of a gresnweys trail by the appropriate entity and in an effort to address the recommendations of the Greenways/Open Space Steering Committee, he has appointed a team of representatives from the Engineering, Planning and Parks and Recreation Departments, along with staff of the Fifth Planning District Commission, to review plans for the proposed sewer i inter..ceptor project to determine if and where a greenwey might ..be fess,ble and .the study, team has been requested to submit ~te recommendation by Apnl 16, 1996. (For full text, see communication on file in the City Clerk's Office.) William H. Tanger, III, President, Friends of the Roanoke River, appeared before Council and advised that he supports the remarks of Ms. Ellett and the comments of the City Manager under date of March 27; however, he steted that not doing anything that could impede a future greenway is not adequate and the Steering Committee should look at doing things in a pro-active way in order to s;.-cd up the process for greenways construction. ACTION: Without objection by Council, the Mayor advised that the remarks of Ms. Ellett, the City Manager, and Mr. Tanger would be received and filed. OTHER HEARINGS OF CITIZENS: 382 ACTION: ELECTIONS-COUNCIL: The Reverend Charles T. Green, President, Roanoke Chapter NAACP, appeared before Council a.n.d requested that Council .m. scind its previous action to hold a .pubhc hearing on Monday, April 22, 1996, at 7:00 p.m., on th.e question of whether or not the citizens of the City of Roanoke wmh to hold a referendum on a form of modified ward system for electing City Council members. He advised that since the newly-elected Members of Council will take office on July 1, 1996, it would be more appropriate for the new Council to make the decision on the question of holding a referendum. Ms. Wyatt moved that Council rescind its previous action to hold a public hearing on Monday, April 22, 1996, at 7:00 p.m., on the abovesteted question. The motion failed for lack of a second. Without objection by Council, the Mayor advised that the remarks of Reverend Green would be received and filed. PETITIONS AND COMMUNICATIONS: SIDEWALK/CURB AND GUI'I'ER-COMPLAINTS-COUNCIL: A communication from Vice-Mayor William White, Sr., with regard to the City's policy in response to outstanding requests for curb and gutter, was before Council. The Vice-Mayor advised that through contacts with citizens and a recent newspaper article, it has come to his attention that the City has curb and gutter requests dating back 30 years or more; therefore, the following actions are requested: a complete study and review of outetsnding requests for curb and guttering to be undertaken immediately; all applicants for curb and guttering be advised of the status of their requests and the likelihood of funding; City Council be provided with a summary of outstanding requests and funding schedule; administrative personnel advise the citizens of the process, procedures, requirements and status of their particular funding requests; and 383 written guidelines be developed and provided to citizens explaining.~e evaluation methods for determining which projects mil be funded and when. It was further requested that the matter of curb and sidewalk funding be referred to 1996-97 budget study as a possible priority item; that the long-term financing of curb and guttering requests be immediately fon~arded to 1997-98 capital improvements budget study; and that the City Manager provide Council with a briefing within 90 days on the status of this important public issue. (For full text, see communication on file in the City Clerk's Office.) Ms. Mary Copenhaven, 3038 Melrose Avenue, N. W., appeared before Council in connection with the Americans With Disabilities Act (ADA), and advised that the Federal Govemment will closely monitor the way in which block grants are distributed by the City in accordance with ADA regulations. She stated that the issue is autonomy - of one being able to have as much autonomy as one's disability will permit so that one is not isolated f~om one's community. She suggested that the City consider alternatives to concrete for those persons who are not as mobile as. o~ere by providing a good surface with proper drainage, i thus eliminating the need for wheel chairs to through go standing water, as well as cut downs in s,dewelks" to eliminate barnera- between streets, and she implored the City to meet ADA standards as much as possible. ACTION: Mr. White moved that the matter be referred to the City Manager for report to Council. The motion was seconded by Dr. Butler and adopted. As a part of the City Manager's report, the Mayor requested that Council be provided with the dates of receipt by the City of pending requsste for curb and gutter. REPORTS OF OFFICERS: CiTY MANAGER: BRIEFINGS: CITY EMPLOYEES-PERSONNEL DEPARTMENT: Celia L. Denning, Training Coordinator for the City of Roanoke, presented a briefing with regard to the City's training activities. She stated that the I philosophy of the City's training program is to provide opportunities for 384 ACTION: growth and development of City employees and to promote the vision ors rssponsi..ve government, excellence and innovation in leadership, and the creative ,nvolvement and contribution by all employees. She called attention to the following training programs that have been provided for City employees: Foundations for Leadership Excellence Continuous Improvement for Leadership Excellence Empowering Your Employees Sexual Harassment for Supervisors Workforce Diversity Service Excellence At Work Managing Service Excellence At Work Empowerment, Professional Development Team Skills Sexual Harassment, New Roles and New Rules Conflict Management Written Communication Public Speaking Understanding Personality Differences Secretary As Office Manager Writing City Council Reports Ms. Denning called attention to a new skills package which will '? include programs with re.g. ard to Competency In Team Building, ~ COml~.?ncy In Communication, Competency In I.n. volving Empl.o. yeee, Comm,lment To Cultural Awareness, and Comm,tment To Quality. · . Ms. Wyatt requested that Council be provided with written ,mormation on the nu.mb~..r, and percentage of women and the numbs, r and percentage of m;nonties employed by the City. of Roanoke, ss,d ..b r_oken do..wn by..depart.m, ant, levels within the department ,,-~, ~,i~-wiae, as we, as me number and porcentege of employees serving m dual roles.. (both a woman and a minority), said report to be presented to Counc,I by June 1, t996. ._ .Without. objection by Council, the M.ay. or advised that the briefing wou,a =e received and filed, and that the City Manager be requested to respond to Ms. Wyatt's abovestated request for information. TAXES-PLANNING-WRABA: The City Manaaer sev.~,.~,; ~__,J_ ..... -- ,u ...... .-,,aL .,,.., ,,,ufl.u. la ago, me ~-conomlc Development Office, in conjunction with the Wilhamson Road Area Busines- * · ;= ~s~la~ion, Inquireu as to whether the City would provide financial support for s master plan for 385 the Williamson Road Corridor which was a request that the City match I $10,000.00 with. a $10,000.00 match by the Williamson Road Ama Business Aesocmtion. He advised that he mquestad John R. Madlss, Chief, Planning and Community Development, to study the request along with Economic Development staff and to develop information with regard to the scope of the study and associated costa; whereupon, the City Manager called upon Mr. Marlles to brief the Membem of Council on the status of the request to date. Mr. Marlles advised that the Williamson Road Ama Business Association is a private, non-profit membership organization which was founded approximately 16 yearn ago to encourage and to initiafe economic development and quality of life improvements in the Williamson Road ama. He pmsentad slides depicl]ng the reasons why City staff believe that a mastar plan is needed for the Williamson Road Corridor. He explained that one of the major objectives of the proposed master plan will be to coordinate public and privafe improvements to aid in beautification efforts, and recommendations will be developed to coordinate public and privata infrastructure improvements, to improve the design of existing store fronts, and to reduce the quantity and improve the quality of both public and private signage. He stated that i the propo, sed master plan will also look at business trends and other commerc,al dsv..elopment which is likely to impact Williamson Road in the futura, and ,t is hoped to pmssnt a recommendation to Council at its regular meeting on Monday, April 15, 1996. Lucy P. Mullis, Executive Director, Williamson Road Ama Business Association (WRABA), expressed appreciation for the City's support of the organization, and. called attention to past accomplishments. She requested Counc,l's support for the Williamson Road Corridor Study which will guide leademhip efforts and suggest ways to improve traffic flow, improve landscaping, provide additional strategy for creating an attractive gateway community, and provide the template for economic growth, recruitment and retention, thereby enabling the Williamson Road ama to move toward the 21st century with the knowledge to prosper and not simply to sun~ive. Them was discussion with regard to engaging in the same type of study for all neighborhoods of the City. ACTION: Without objection by Council, the Mayor advised that the briefing would be received and tiled. 386 ACTION: At 3:25 p.m., the Mayor declared the meeting in recess. At 3:40 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Council Member McCadden. ITEMS RECOMMENDED FOR ACTION: SEWERS AND STORM DRAINS-EASEMENTS4NSURANCE- PIPELINES/STORAGE TANKS-SPECIAL PERMITS-PUBLIC WORKS- ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that replacement of the Tinker Creek Interceptor Sewer is part of the Renovation and Expansion of Joint Use Sewer Facilities approved by Council on December 13, 1993, with engineering design of the proposed replacement interceptor sewer nearing compistion; the proposed interceptor sewer crosses an existing underground petroleum pipeline st four locations, with two of the locations on City- owned property and the remaining two locations on Norfolk & Western Railway Company property; the underground petroleum pipe is owned and operated by Plantation Pipeline Company; and a Request for Permit to cross right-of-way and facilities of Plantation Pipeline Company needs to be executed. The City Manager recommended that he be authorized to execute a Request for Permit with Plantation Pipeline Company to allow a sanitary sewer crossing of the Plantation Pipeline Company facilities as needed on the Tinker Creek Interceptor Sewer Replacement. (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: (ft32870) AN ORDINANCE authorizing execution of a Request for Permit agreement with Plantation Pipeline Company to allow a crossing of its pipeline facilities with a sanitary sewer line in connection with the Tinker Creek Interceptor Sewer Replacement Project, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 58, page 298.) The motion was seconded by Mrs. Bowies and adopted by the following vote: 387 AYES: Council Members Parrott, White, Wyatt, Bowles, Butler and Mayor Bowers ..... 6. NAYS: Nono O. (Council Member McCadden wes absent.) BUDGET-TRAFFIC-SEWERS AND STORM DRAINS-STATE HIGHWAYS-PUBLIC WORKS-WATER RESOURCES-STREETS AND ALLEYS: The City Manager submitted a written report advising that on June 17, 1985, Council adopted Resolution No. 27613, requesting that the Virginia Depa~b,ent of Transportation (VDOT) program a project to extend Peters Creek Road from Melrose Avenue, N. W., to Brandon Avenue, S. W.; and the purpose of the highwey project is to provide for efficient and rapid movement of traffic between the north and south ends of the western half of the City. It was further advised that the proposed design of the entire project consists of four lanes along the 2.3 mile route, with a median to varying widths (3 to t6 feet) to be landscaped; concrete curb and gut~r will be constructed along both sides of the entire route, with sidewalk to be constructed along the entire length .o.f the east side of the I roadway, and the west side of the roadway wdl have a mdewalk of Salem Turnpike and south of the new bridge over the Roanoke Rwer; the intersections of Peters Creek Road at Salem Turnpike and Shenandoah Avenue at Aerial Way Drive will be signalized; pursuant to Ordinance No. 31104- 071392, adopted on July 13, 1992, Council approved the major design features of the proposed project; the Commonwealth Transportation Board approved the location and major design features of the proposed project subsequent to Council's approval; and on May 22, 1992, Council authorized the City Manager to execute the City/Stets Agreement for Phase I (Melrose Avenue to Shenandoah Avenue) of the project, and appropriated $492,002.42 representing the City's share of project cost. The City Manager pointed out that bids for Phase II project construction (Shenandoah Avenue to Brandon Avenue) were received by the Virginia Department of Transportation on February 27, 1996; the Commonwealth Transportation Board will be asked to award a contract to Fairfield Bridge Co., Inc., in the amount of $8,020,479.65; bids for Brandon Avenue widening from Edgewood Street to Keegy Road have 388 been received and are currently being reviewed by VDOT; the City n.-cds to execute a City/State Agreement before VDOT will allow Fairfield Bridge Co., Inc., to begin construction, with the City's share of the cost for Phase II totalling $380,43t.69; included in the project ia additional replacement, realignment and upgrade of existing water and sanitary sewer lines that would not ordinarily have been done as part of the roadway project, with the betterment portion of improvements to be at City expense; an additional $5,000.00 is needed for separate purchase of one new traffic signal controller and cabinet which will meet specialized City standards for the intersection of Peters Creek Road at Aerial Way Drive; and an additional $15,000.00 is needed for street lighting at the southern end of the project. The City Manager recommended that Council concur in the following actions: authorize execution of the City/State agreement, in a form to be approved by the City Attorney; authorize execution of all utility agreements for adjustment of water and sewer facilities; appropriate $207,266.00 from the Streets and Sidewalks Category of the 1996 Bond Issue to Peters Creek Road Extension, Account No. 008-052-9595-9003; and appropriate $41,245.00 from Water Fund Previous Years' Retained Earnings and $151,922.00 from Sewage Fund Previous Years' Retained Earnings to accounts to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mm. Bowles offered the following emergency budget ordinance: (~32871-040196) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects, Water, and Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 285.) 389 ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32871-040196. The motion wes seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Butler and Mayor Bowers NAYS: Nono .... = (Council Member McCadden was absent.) Mrs. Bowles offered the following resolution: (ft32872-040196) A RESOLUTION authorizing acceptance and execution of the agreement between the City and the Commonwealth of Virginia, Department of Transportation, as well aa all utility agreements for adjustment of water and sewer fecilitlss, in connection with Phase II of the Peters Creek Road Extension Project (Project No. 0117-128-101, C-502, B-601, B-602); providing for the allocation of the City's remaining share of the project cost; upon certain terms and conditions. ACTION: (For full text of Resolution, see Resolution Book No. 58, page 287.) Mre. Bowles moved the adoption of Resolution No. 32872-040196. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowles, Butler and Mayor Bowers 6. NAYS: Nono 0. (Council Member McCadden was absent.) CITY INFORMATION SYSTEMS-EQUIPMENT: The City Manager submitted a written report advising that on January 16, 1996, Council appropriated funds for certain identified technology needs for the City, a portion of which are for new or for replacement of personal computers and related equipment for 18 depe, b.ents, which also include personal computers and related equipment necessary for 390 ACTION: implementation of Extended Purchasing Systems; currently no State contract exists for computer hardware or related equipment; and specificaUons were developed and along with · request for quotations were specifically sent to 22 vendors listed on the City's Bid List. The City Manager recommended that Council authorize iesusnca of purchase orders for personal computers and related equipment, accept bide submitted by the following, end reject all other bide received by the City. CS Business Systems, Inc., at a total cost of $213.851.00; Microland, Inc., at a total cost of $7,973.00; NCI Norvell Consulting, Inc., at · total cost of $899.98; AmeriData, at · total cost of $950.00; MPX, Inc., et a total cost of $4,313.00; and Azarst Marketing Group, et a total cost of $745.00. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (#32873-040t96) A RESOLUTION accepting bids for the purchase of personal computers and related equipment, upon certain terms and conditions; and rejecting all other bide made for such items. (For full text of Resolution, see Resolution Book No. 58, page 288.) Ms. Wyatt moved the adoption of Resolution No. 328734)40196. The motion was seconded by Mr. Parrott and adopted by the following vote: and Mayor Bowers NAYS: Nono (Council Member McCadden was absent.) AYES: Council Members Parrott, INhite, Wyatt, Bowiee, Butler 6. 391 DRUGS/SUBSTANCE ABUSE. GRANTS-YOUTH-JUVENILE I CORRECTI.ONAL FACILITIES: The City Manager su.b. mitted a written report advising that the City submitted an application to the State Depa, b,,ent of Criminal Justice Services for funding from the Anti-Drug Abuse Act of 1988 for a Juvenile Drug Dealers' Intervention Program, which is designed to meet the needs of a special population of individuals convicted of trafficking drugs; and Program activities include individual and group counseling, family counseling, surveillance, mentoring services, and drug testing. It was further advised that the Depa,l,,ent of Criminal Justice Services notified the City of Grant Award No. 96-B8530AD95, in the amount of $38,625.00, in Federal funds for program year July 1, 1995 through June 30, 1996; on August 28, 1995, Council authorized appropriation of $38,625.00 and increased the revenue estimate by $38,628.00 in accounts to be eeteblished by the Director of Finance for the Juvenile Drug Dealers' Program; and formal authorization by Council for the City Manager to accept the grant is needed before the City may receive the Federal funds. The City Manager recommended that he or his designee be authorized to accept a grant from the Depa, b,,ent of Criminal Justice Services for the Juvenile Drug Dealers' Intervention Program. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#32874-040196) A RESOLUTION authorizing acceptance of a 23rd Judicial District Juvenile Drug Dealers' Intervention Program Grant from the Virginia Depa,l,,,ent 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. 58, page 289.) ACTION: Mr. White moved the adoption of Resolution No. 328744)40196. The motion was seconded by Ms. Wyatt and adopted by the following vote: 392 ACTION: ACTION: AYES: Council Members Parrott, INhite, Wyatt, Bowles, Butler and Mayor Bowers C. NAYS: Nocc 0. (Council Member McCadden wes absent.) DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of February 1996. (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. CITY ATTORNEY: BUILDINGS/BUILDING DEPARTMENT-LEGISLATION-HOUSING/ AUTHORITY: The City Attorney submitted a written report in response to C.ouncirs request with regard to enforcement of building and hous,ng codes with particular emphasis on problem areas, and addressed such matters as Inspection Wa,~ante, Registration of Vacant Buildings, Penalties, and Landlord-Tenant Relations. (For full text, see report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the report would be received and filed. REPORTS OF COMMITTEES: ROANOKE CIVIC CENTER: A report of the Roanoke Civic Center Commission advising .that in 1990, the City solicited b. ids for concessions and cater, ng rights from professional catenng and concession firms throughout the country, with The Swanson Corporation of Omaha, Nebraska, submitting the high bid; on May 1, 1991, the City entered into an agreement with The Swanson Corporation to provide food and beverage concession and catering services to the Roanoke Civic Center for a period of five years, with an 393 option to renew for five additional years; and the current contract I expires on April 30, 1996, with notice having been given to the City that The Swanson Corporation would like to exercise the additional five- year extension. It was further advised that at the February 26, 1996 meeting, the Roanoke Civic Center Commission voted to extend the term of the Food/Beverage Concession Management Contract with The Swanson Corporation for three additional years; the City, at its option, may extend the term of the contract for two additional years unless terminated by either party, pursuant to Section 4 of the Food Service Management Contract, subject to approval by Council; and the City has been advised in writing that the proposed terms of contract extension ars acceptable. The Roanoke Civic Center Commission recommended that Council extend the currant contract with The Swanson Corporation for an additional three years, with the City's option to extend the term of the contract for two additional years unless terminated by either party, pursuant to Section 4 of the Food Service Management Contract; and authorize the City Manager to execute the appropriate agreement in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) ACTION: Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#32875) AN ORDINANCE extending the Food/Beverage Concession Management Contract agreement between the City of Roanoke and The Swanson Corporation fora period of three years, with an option by the City to extend the contract for up to two additional years unless terminated sooner by either party pursuant to Section 4 of the contract. (For full text of Ordinance, see Ordinance Book No. 58, page 298.) The motion was seconded by Mr. Parrott and adopted by the following vote: 394 AYES: Council Members Panott, White, Wyatt, Bowies, Butler and Mayor Bowers ...... ~ NAYS: None 0. (Council Member McCadden wes absent.) BUDGET-EASEMENTS-PUBLIC WORKS-UTILITY LINE SERVICES-YOUTH CORRECTIONAL FACILITIES-WATER RESOURCES: 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 installation of a water main and appurtenances extending from the existing 164rich main on Route 460, following Route 660 to City-owned facilities at Coyner Springs; and recommended 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 Attomey, with J. P. Turner and Brothers, Inc., in the amount of $247,994.75, and 120 consecutive calendar days to complete the work; and appropriate the following funding from Utility Line ! Services Fund Prior' Year Retained Ea..m. ings,, to be -- transferred to a new Water Fund account entitled, Coyner Springs Waterline", with a contract contingency of ten per cent end approximately $t,000.00 in adver6sing expenses, having already been incurred; and reject all other bide received by the City. contract amount contingency advertising $247,994.75 26,005.25 t.000.00 The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office.) 395 ACTION: Mr. White offered the following emergency budget ordinance: (//32876-040196) AN ORDINANCE to amend and reordain certain sectiona of the 1995-96 Utility Line Services and Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 290.) Mr. White moved the adoption of Ordinance No. 32876-040196. The motion was seconded by Mr. Parrott and adopted by the following vote: i ACTION: AYES: Council Members Parrott, White, Wyatt, Bowies, Butler and Mayor Bowers ... 6. NAYS: None- (Council Member McCadden was absent) Mr. White offered the following emergency ordinance: (~32877-040196) AN ORDINANCE accepting the bid of J. P. Turner and Brothers, Inc., for installation of a water main and appurtenances extending from the existing 16 inch main on Route 460, then following Route 660 to City-owned facilities at Coyner Springs, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for auch 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. 58, page 292.) Mr. White moved the adoption of Ordinance No. 32877-O40196. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowies, Butler and Mayor Bowers - . ~. NAYS: None 0. (Council Member McCadden was absent) 396 CHURCH AVENUE PARKING GARAG.E.-LEASES-SCHOOLS. WATER RESOURCES-VIRGINIA TECH: Council Member Elizabeth T. Bowies, Chairperson, Water Resources Commitbm, presented a written report on behalf of the Committee, with regard to extension of the lease and agreement with Virginia Polytechnic Institute and Slte.~ University for space used by the Graduate Center located at 111 t17 Church Avenue, S. W. A staff report pointed out that the Graduate Center lease with Virginia Polytechnic Institute and State University will expire on July 31, 1996, which covers approximately 7,000 square feet of space located at 111 -117 Church Avenue, S. W., end Virginia Tech has operated a graduate and continuing education center at this location since 1989; the lease has been amended to include three parking spaces on the top deck of the Parking Garage for a satellite dish antenna; and the original lease contained a provision for automatic renewal on a year-to-year basis unless terminated by either party, by written notice, at least three months prior to expiration of the initial term or renewal term. It was advised that Virginia Tech has requested an extension of the lease, as amended, for one additional year through July 31, 1997, at the current rate of $1.00 per year, which rate would be adjusted if the parking garage becomes fully rented to charge the nrevailin,, tee computed for the three parking spaces used ~o~ the antenna; a.n..d, the lease would also provide for. automatic .renewal for up to four add,tional ons-yesr terms unless terminated by V,rginia Tech or the City by written notice at least three months prior to expiration of renewal term, and all other provisions of the original lease, as amended, shall remain in effect. The Water Resources Committee recommended that Council au~oriza extension of ~e lease, as amended, with Virginia Polytechnic Institute and State Umveraity for space located at 111-117 Ch- urch Avenue, S. W., for a one-year term, with automatic renewal fnr ,n to four additional one-year terms, unless terminated by Virginia' '-['e~'! or the City in writing at least three months prior to expiration of renewal term, at the rate of $1.00 per year, which rate would be adjusted if the Parking Garage becomes fully rented to charge the prevailing .m..on~ly fee computed for the three parking spaces used for the satelhte d,sh antenna, said lease to be in a form to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) 397 ACTION: Mrs. Bowies moved that the following ordinance be placed upon its first reading: (~32878) AN ORDINANCE authorizing extension of the Lease and Agreement, as amended, between the City and Virginia Polytechnic InstJtuts and State University, of space located at 111-t17 Church Avenue, S. W., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 58, page 299.) The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Parrott, Wyatt, Bowies, Butler and Mayor Bowers · ' 5. NAYS: None ... DJ (Council Member White was out of the Council Chamber.) (Council Member McCadden was absent.) BUDGET-SEWERS AND STORM DRAINS-EASEMENTS. I CONDEMNATION PROCEEDINGS-CITY PROPER.TY-PUBLIC WORKS- STREETS AND ALLEYS-WATER RESOURCES. Council Member Elizabeth T. Bowies, Chairperson, Water Resources Committoe, presented a written report on behalf of the Committee, with regard to acquisition of property rights needed by the City for construction of the Peters Creek (PC-3) Sewer Interceptor Project. A staff report advised that the Cities of Roanoke and Salem, the Counties of Roanoke and Botetourt, and the Town of Vinton received a Special Consent Order from the State Water Control Board in June 1992 to address infiltration/inflow being experienced at the Wator Pollution Control Plant; the Sewerehed Evaluation Plan was submitted to the State Water Control Board on September 9, t992, and correcting problems in six of the 15 sewereheds identified was deemed to be the most cost-effective and would have the most significant impact on reducing infiltration/inflow to the plant; a consulting contract was awarded by Council on March 8, 1993, which included various design services identified through the sewershed infiltration/inflow reduction studies, and the contract anticipated subsequent phases to be based on preliminary design studies. 398 ACTION: It was further advised that three projects previously under construction, PC-l, PC-2, and LR-5 have bccn com.pleted; three proJects, PC-6A, LR-3, and PC-4 are under construction, with the majority of construction on PC-4 being done in conjunction with Peters Creek Road extension; and Peters Creek PC-3 is s forthcoming project to replace a 10-inch and 12-inch sewer line with s 24-inch sewer line along Peters Creek, generally between Peters Creek Road and 625 feet north of Peachtree Road. It was noted that construction will begin on Peters Creek PC-3 when the necessary property rights have bccn acquired; the majority of the proposed construction will take place in existing sanitary sewer easements; and authorization is needed to move forward with title work, appraisals, negotiations, and clusinge for acquisition of property rights. The Water Resources Committee recommended that Council authorize acquisition of permanent and temporary construction easements, as required, across property identified in the abovereferenced staff report by making offers based on appraisals and institute condemnation if necessary for Project PC-3; and appropriate $35,000.00 from Sewer Fund Previous Years Retained Eamings account to Account No. 003-056-8464-9003, III Property Rights Acquisition. (For full text, see reports on file in the City Cisrk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#32879-040196) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 293.) Mrs. Bowies moved the adoption of Ordinance No. 32879-040196. The motion was seconded by Mr. Parrott and adopted by the following vote: 399 AYES: Council Members Parrott, White, Wyatt, Bowies and Mayor Bowers 5. NAYS: None O. (Council Member Butler abstained from voting inasmuch as he is a member of the Virginia State Water Control Board.) (Council Member McCedden wes absenL) Mrs. Bowies offered the following emergency ordinance: (tt32880-040196) AN ORDINANCE providing for acquisition of property rights needed by the City for construction of the Peters Creek (PC-3) Sewer Interceptor Project; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such 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 parcels for the purpose of commencing the project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 294.) I M.re. the adoption of Ordinance No. 32880-040196. ACTION: Bowies moved The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowies and Mayor Bowers 5. NAYS: None ....... (Council Member Butler abstained from voting inasmuch as he is a member of the Virginia State Water Control Board.) (Council Member McCadden was absenL) CITY PROPERTY-STREETS AND ALLEYS-WATER RESOURCES: Council Member Elizabeth T. Bowles, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of the necessary documents providing for the sale and conveyance of property owned by the City and located at the northwest comer of Liberty Road and Hillcrest Avenue, N. W. 400 ACTION: A stiff report advised that property dsscribed as Official Tax No. 2071420 located at the n?rthwest comer, of Liberty Road and Hill. cre.st aAsv~nue,.N. .W.. ,..wa_ _s_ ac_qu. Ired b.y the City ,n 1955; the property, which is I ssassm3 at 36,500.00, is no longer needed by the City and has advertised for sale; and sealed bids were received and opened in the Office of Supply Management on February 29, 1996, at which time one bid was submitted by P. N. Lynskey, II, in the amount of $7,500.00 The Water Resources Committee recommended th=f ~,,,,,,-;, ~lUth_o? the sale of Lot 20, Block 2, Map of Meadow o. z071420, to C. M. Vandergrilt, at the request of the successful bidder, P. N. Lynskey, II, pursuant to correspondence dated March 19, 1996, !n the amount of $7,500.00, and in accordance with conditions set forth In the stiff report, with preparation of all legal documents to transfer title to be at the purchaeer's expense, and in a form to be approved by the City Attomey. (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 read,ng: .... 73.2.881) AN ORDI.NANCE ,uthoHzi?...g the City Manager to I~ xe~;ure me necessary aocumente prov,d,ng for the sale and conveyance of property owned by the City and located at the northwest comer of.L. iberty Road and Hillcrest Avenue, N. W., upon certain terms and cond,tions. (For full text of Ordinance, see Ordinance Book No. 68, page 300.) The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowies, Butler and Mayor Bowers - 6. NAYS: None .. 0. (Council Member McCadden was absenL) 401 II EASEMENTS-CONDEMNATION PROCEEDINGS-BRIDGES- STREETS AND ALLEYS-WATER RESOURCES: Council Member Elizabeth T. Bowies, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to acquisition of property rights needed by the City for the Brembleton Avenue, Cove Road and Peachtree Road BHdge Replacement Projects. A staff report advised that a Request for Professional Services with qualifying proposals for the abovedsscribed three bridge replacement projects was advertised in ~]~19~.TJ~1~ and in the l~l~9~J/~; Mattem & Craig, Inc., was selected as the most qualified firm to complete the project, and on October 16, 1995, an Engineering Service Agreement was awarded to Matt~rn & Craig, Inc.; bridges are currently under design and construction is scheduled for the summer of 1996 for Brambleton Avenue and the fall of 1996 for Cove Road and Peachtree Road; and authorization is needed to proceed with title work, appraisals, negotiations and closings for acquisition of property rights. The Water Resources Committee recommended that Council authorize acquisition of the abovedsscribed property rights by making offers based on appraisals and institute condemnation, if necessary, I Avenue, and Peachtree Road Bridge for the Brambleton Cove Road Projects; and transfer $30,000.00 from Public Improvement Bonds - Series 1996, Streets and Bridges, Account No. 0084)52-9701-90t0, to Three Bridge Replacements, Account No. 0084)52-9551-9001. (For full tax',, see reports on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency budget ordinance: (f/32882-040196) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 295.) ACTION: Mrs. Bowies moved the adoption of Ordinance No. 32882-040196. The motion was seconded by Ms. Wyatt and adopted by the following vote: 402 ACTION: AYES: Council Members Parrott, INhits, Wyatt, Bowies, Butler and Mayor Bowers, .. 6. NAYS: Non: (Council Member McCadden was absenL) Mrs. Bowles offered the following emergency ordinance: (tt32883-040196) AN ORDINANCE providing for acquisition of property rights needed by the .C. ity for the Brambleton. Avenue, .Cove Road. ,.nd. Peachtree Road ,.Bridge Replacement Pro.?cts; ,.,.tting a .c. ert~_l.n I,m,t on.tl~.e consideration to be offered by the C, · rovid,n me~ ' ' . ty, p . gfor ity · acqursil~on 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 parcels for the purpose of commencing the project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 296.) T- M.rs' Bowles moved the adoption of Ordinance No. 32883-040196. ne mo,on was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowies, Butler and Mayor Bowers .. 6. NAYS: None... (Council Member McCadden was absent.) UNFINISHED BUSINESS: None. INTROD..U. CTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS. ZONING: Ordinance No. 32864, rezonin, a tract nf at 10t0 Norfolk Avenue, S.W. Official -r.. ,,_ ;4.A... ~ .......... u.-_,-_..._. ........ ' . , -~ ,u.,, · uouo, ~om LM, Light _~.-,;-.,~.~;[un,g u~sznct, to RM-1, Ree~denb.'al Multi-family, Low Density u,smct, as requested in a petition filed ,n the City Clerk's O~ce on January 11, 1996, having previously bccn before the Council for ~ts first 403 reading on Monday, March 18, t996, read and adopted on its firet reading and laid o. ver, was again .before the body, Mre. Bowies offering the following for ,ts second road~ng and final adoption: (~32864-040196) AN ORDINANCE to amend §36.1-3, Cede of the City of Roanoke (1979), as amended, and Sheet No. 1tl, Sectional t976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 58, page 278.) ACTION: Mrs. Bowies moved the adoption of Ordinance No. 32864-040196. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowies, Butler and Mayor Bowers 6. NAYS: None 0. (Council Member McCadden was absent) ZONING: Ord!nance No. 32865 rezoning the rear portion of a i tract of land measunng 75 feet by 246 feet, located off of Cove Road, N. W., Official Tax No. 2560134, from RM-1, Residential Multi-family, Low Density District, to C-2 General Commercial District, subject to proffers contained in the First Amended Petition filed in the City Clerk's Office on Februa~j 8, t996, subject to any changes required by the City during site plan review, having previously been before the Council for its first reading on Monday, March 18, 1996, read and adopted on its first reading and laid over, was again before the body, Dr. Butler offering the following for its second reading and final adoption: (I~32865-040196) AN ORDINANCE to amend §36.1-3, Cede of the City of Roanoke (1979), as amended, and Sheet No. 256, 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. 58, page 280.) ACTION: Dr. Butler moved the adoption of Ordinance No. 32865-040196. The motion was seconded by Mr. Parrott and adopted by the following vote: 404 ACTION: AYES: Council Members Parrott, White, Wyatt, Bowies, Butler and Mayor Bowers 6. NAYS: None 0. (Council Member McCadden was absenL) ZONING: Ordinance No. 32866 rezoning a certain tract of land located on Albemarle Avenue, S. E., described as Official Tax Nos. 4022213, 4022214 and 4022215, from HM, Heavy Manufacturing District, to RM-1, Residential Multifamily, Low Density District, subject to proffers contained in the Second Amended Petition filed in the City Clerk's Office on February 23, 1996, subject to any changes required by the City during site plan review, having previously been before the Council for its first reading on Monday, March 18, 1996, read and adopted on its first reading and laid over, wes again before the body, Mr. Parrott offering the following for its second reading and final adoption: (~32866-040t96) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City subject to certain conditions proffered by the applicanL (For full text of Ordinance, see Ordinance Book No. 58, page 281.) Mr. Parrott moved the adoption of Ordinance No. 328664)40196. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Parrot/, White, Wyatt, Bowies, Butler and Mayor Bowers 6. NAYS: None 0. (Council Member McCadden was absenL) ZONING: Ordinance No. 32867 rezoning a certain 13.8-acre parcel of land lying at the north end of Griffin Road, adjacent to the east side of Franklin Road, S. W., U. S. Route 220, Official Tax No. 5480712, from RS-3, Single Family Residential District, to C-2 General Commercial District, and RPUD, Residential Planned Unit Development, subject to proffers contained in the Sixth Amended Petition filed in the 4O5 City Clerk's Office on March 18, 1996, subject to any changes required by the .C. ity during sits plan review, having previously been before the Counc,I for its first ma.ding on Monday, March 18, t996, reed and adopted on its first read,ng and laid over, wes again before the body, Mr. White offering the following for its second reading and final adoption: (~32867-040196) AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. NS, 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. 68, page 282.) ACTION: Mr. White moved the adoption of Ordinance No. 32867-040196. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Parrott, White, Wyatt, Bowies, Butler and Mayor Bowers 6. NAYS: None I (Council Member McCadden was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTION: COUNCIL-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: Vice-Mayor White inquired as to when Council will receive a report with regard to conditions of the Section 108 Loan on The Hotel Roanoke & Conference Center; whereupon, the Mayor advised that with the concurrence of Council, the inquiry would be referred to the City Manager for report. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 4:15 p.m., the Mayor declared the meeting in recess. 406 ACTION: ACTION: At 4:30 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, end all Members of the Council in attendance, with the exception of Council Member McCadden. COUNCIL: With respect to the Executive Session just concluded, Dr. Buffer 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 mssffng requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were idenfffied 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 Parrott, INhite, Wyatt, Bowies, Butler and Mayor Bowers 6. NAYS: None 0. (Council Member McCadden was absent.) OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING DEPARTMENT:. The Mayor advised that there is a vacancy on the Building Code Appeals Board, Building Construcffon Division (Volume I), created by the resignation of Elmer O. Rodes, Jr., and called for nominations to fill the vacancy. Dr. Butler placed in nomination the name of Walter M. Fizer. There being no further nominations, Mr. Fizer was elected as a member of the Building Code Appeals Board, Building Construction Division (Volume I), for a term ending September 30, t997, by the following vote: FOR MR. FIZER: Council Members Parrott, White, Wyatt, Bowies, Buffer and Mayor Bowers 6. (Council Member McCadden was absent.) 4O7 COMMITrEES-FIFTH PLANNING DISTRICT COMMISSION-WATER RESOURC.E.S: The Mayor advised that it is nec ..e~a. ry to appoint City representatives to the Citizens' Advisory Committee, Roanoke Valley Regional Storm Water Management Study, pursuant to a commUnication from Wayne G. Strickland, Executive Director, Fifth Planning District Commission, under date of February 26, 1996; whereupon, he opened the floor for nominations. Ms. Wyatt placed in nomination the names of Dennis D. Tinsley and Har~J J. Giuliani. There being no further nominations, Messrs. Tinsley and Giuliani were elected as City representatives to the Citizens' Advisory Committee, Roanoke Valley Regional Storm Water Management Study, by the following vote: ACTION: FOR MESSRS. TINSLEY AND GIULIANI: Council Members Parrott, White, Wyatt, Bowies, Butler and Mayor Bowers 6. (Council Member McCadden was absent.) There being no further business, the Mayor declared the meeting adjoumed I at 4:35 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 4O8 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL April 16, 1996 12:30 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, four~ floor of the Municipal Building, 216 Church Avenue, S. W., City of Roanoke, on Monday, April 15, 1996, at 12:30 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, ~ of Section 2-15, ~ Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Linda F. Wyatt, Elizabeth T. Bowles, Wendell H. Butler, Delvis O. McCadden, John H. Parrott 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. At 12:35 p.m., the Mayor declared the meeting in recess. At 12:40 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room 159, Municipal Building South, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member White. BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORiTY. PUBLIC WORKS-PLANNING-GRANTS-ECONOMiC DEVELOPMENT: The City Manager submitted a written report with regard to the proposed Fiscal Year t996-97 Annual Update to the U. S. Department of Housing and Urban Development (HUD) Consolidated Plan, advising that HUD requires entitlement localities to submit a Consolidated Plan as a condition of receiving funding for several Federal com. munity development, housing and homeless programs, which include Community Development Block Grant (CD.BG), Emergency Shelter Grant (ESG) and H. OME Investment Partnersh,p Programs; and the City of Roanoke rece,ves annual formula grants from HUD based on a formula which considers age of housing, poverty levels and other "distress" factors. 409 It was further advised that HUD representatives informed City staff that Roanoke's overall entitlement could be $2,652,300.00 for the City's fiscal year 1996-97, a decrease of $294,700.00, or tan per cent, below fiscal year 1995 funding; in addition, revenue is sstimatm] to be available from the following sources for fiscal year 1996-97: (1) $532,185.00 estimated program income generated from prior Community Development Block .G. rent and HOME projects, (2) $1,009,953.00 is estimated to be ava,iable for transfer/carry-over from prior grant entitlement years, which is avaiisbis for continuing projects, and (3) $4,194,438.00 is estimated to be available overall in entitlement, program income and available transfer/carry-over funds, which funds will leverage an estimated $2,228,815.00 in additional monies from Federal, State, local and private sources, for a total program scope of $6,423,253.00; and cit~en hearings were conducted on January 16 and April 9, 1996. It was explained that 12 new and 46 previously funded projects are recommended for funding, nine projects are not recommended for funding, and six projects are being merged with or are already included in a recommended project, with 58 individual projects and activities funded in whole or in part with Community .D. evelopment Block Grant, Emergency Shelter Grants, or HOME funds, the proposed fiscal year I 1996 has designed to address housing, economic program development, human services, neighborhood/community development, homeless and administration/planning; and with respect to the CDBG requirement that 70 per cent of the funds benefit Iow-modereta income individuals, the proposed CDBG budget exceeds minimum requirement by 24 per cent. In conclusion, the City Manager advised that the Annual Update to the U. S. Depafb~ent of Housing and Urban Development Consolidated Plan is responsive to the stated concerns of the citizens of Roanoke, meets the regulatory requirements of HUD, provides for housing improvements, homeless activities, activities for youth, business development, creation of new job opportunities, human services, strengthening of City neighborhood organizations, adequate administrative oversight for the entire program, and will allow the City to build upon the successes of the past and meet some urgent critical needs; on Monday, April 29, 1996, Council has scheduled a 7:00 p.m., public hearing to receive the comments of citizens; and on Monday, 410 ACTION: May 13, 1996, Council will be requested to authorize the City Manager to submit an approved 1996-97 Annual Update to HUD'e Cons?dated Plan to the Richmond Office of the U. S. Department of Hous,ng and Urban Development for review and approval. (For full text, see report on file in the City Clerk's Office.) Diane S. Akere, Budget Administrator, and Vickie S. Tregubov, Grants Monitor, presented a briefing with regard to the proposed fiscal year 1996-97 Annual Update to the Department of Housing and Urban Development Consolidated Plan. It was explained that with 58 individual projects and activities funded in whole or in part with CDBG, ESG, and HOME funds, the propo~rd fiscal year 1996 program has been designed to address the following needs: housing, economic development, human services, neighborhood/community development, homeless, and administrative ,.n. ning.; ~e. Annual Update to .U.U's Consolidated Plan is responsive me s~a~ea concerns of the citizens of Roanoke, and meets the .regulatory raquiremente of HUD.; and the Plan provides for housing Improvements, homeless activities, activities for youth, business development, creation of new job opnortunitiee human services, stren, gthening of neighborhood orga~-nization~, and adequate administrative oversight for the entire program. It was also explained that. Council has authorized a public hearing to be held on Monday, April 29, 1996, to hear the comments of citizens and on May 13, 1996, Council will be requested to authorize the City Manager to submit an approved 1996-97 Annual Update to HUD's Consolidated Plan to the Richmond Office of the U. S. Department of Housing and Urban Development for review and approval. (For full text of funding recommenda..tions, see Attachment A to the City Manager's report under date of April 15, 1996.) Following questions and/or comments by the Members of Council, without objection by Council, the Mayor advised that the briefing would be received and filed. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. 411 At 1:05 p.m., the Mayor declared the meeting in me, ess until 2:00 p.m. At 2:00 p.m., the meeting reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., with the following Council Members in attendance: PRESENT: Council Members Linda F. Wyatt, Elizabeth T. Bowles, Wendell H. Butler, Delvis O. McCadden, John H. Parrott 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 reconvened meeting was opened with a prayer by The Reverend Ethel Eaves, Associate Pastor, Pilgrim Baptist Church. i .The Pledge of Allegiance to the Flag of the United States of Amsnoa was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT: The Mayor presented a plaque which he accepted on behalf of the City of Roanoke commemorating Arbor Day on Monday, April 15, 1996. PROCLAMATIONS-POLICE DEPARTMENT-VICTIM/WITNESS/ JUROR PROGRAM: The Mayor prssentad a Proclamation declaring April 2t - 27, 1996, aa Roanoke City Crime Victims' Rights Week in the City of Roanoke. (For full text, see Proclamation on file in the City Clerk's Off'ice.) 412 ACTION: ACTION: CONSENTAGEND~ The Mayor .advised that all mattere 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 wes desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for Executive Seesions to discuss a personnel matter, being the performance evaluations of certain Council Appointed Officers; and to discuss peraonnsl matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the regular mesffngs of Council held on Tuesday, January 2, 1996; and Tuesday, January 16, 1996, were before the body. (For full text, see minutes on file in the City Clerk's Office.) Mrs. Bowies moved that the reading of the minutes be dispensed with and that the minutes be approved as recorded. The motion was seconded by Mr. McCedden and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Buffer, McCadden, Parrott and Mayor Bowers .. 6. NAYS: None (Council Member White was abssnL) COMMII'rEES-COUNCIL: A co.m. munication from Mayor David A. Bowers requesting that Council meet ,n Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1~.~. (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. Bowies. moved .?at Council con.cur in the request of the Mayor to convene ,n Executive Session to d;scues personnel matters relaffng to vacancies on various authorities, boards, comrniesions and 413 committees appointed by the Council, pursuant to Section 2.t-344 (A)(1), Cede of Virginia (1950), as amended. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Butler, McCadden, Parrott and Mayor Bowers 6. NAYS: Nono ........ 0. (Council Member White was absent.) DIRECTOR OF FINANCE-CITY CLERK-CITY ATTORNEY-CITY MANAGER-COUNCIL-REAL ESTATE VALUATION: A communication from Mayor David A. Bowers, Chairperson, City Council's Personnel Committee, requesting that Council meet in Executive Session to discuss a personnel matter, being the performance evaluations of certain Council Appointed Officers, pursuant to Section 2.1-344 (A)(1), Cede of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) i ACTION: Mrs. Bowies moved that Council co.ncur in the request of the Mayor to convene in Executive Sass,on to dmcu. ssa pers.o, nnel m.atter, being the performance evaluations of certem Councd Appointed Officers, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), aa amended. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Butler, McCadden, Parrott and Mayor Bowers 6. NAYS: Nono 0. (Council Member White was absent.) OATHS OF OFFICE-COMMITTEES-ZONING: A report of qualification of Benjamin S. Motley as a member of the Board of Zoning Appeals for a term ending December 31, 1998, was before Council: (See Oath or Affirmation of Off',ce on file in the City Clerk's Office.) 414 ACTION: Mrs. Bowies 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, Bowies, Butler, McCadden, Parrott and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATi'ERS: LANDMARKS/HIST. PRESERVATION-DECEASED PERSONS- MCCLANAHAN GRAVE SITE: Jack B. Coulter appeared before Council on behalf of the McClanahan Grave Site Ad Hoc Committee, representing the Roanoke Valley Historical Society, and Local Chapters of the DAR, SAR and Salem Historical Society, and requested and urged the City to undertake the challenge of doing something meaningful toward restoration of the McClanahan Grave Site or removal of the graves to a more accessible and acceptable location. Judge Coulter advised that the small cemetery, which is of historical significance, is currently hidden in disgrace on a knoll behind Advance Stores near the intoreection of 24th Street and Orange Avenue, N. W., and is completely submerged in overgrowth, weeds and refuse; the cost of at least clearing up and maintaining tho area could easily be absorbed by one of the City depa,:.,,ente and included in the 1996-97 budget, or the National Guard or Marine Reserve could be urged to clear the area as a civic project On behalf of the McClanahan Grave Site Ad Hoc Committee, he submitted that under the circumstances, it is a proper City function, the expense would be relatively minimal, and the objective would be appropriata and worthwhile. ACTION: (For full text, see communication on file in the City Clerk's Office.) Mr. Parrott moved that the matter be referred to the City Manager and the City Attorney for study, report and recommendation to Council. The motion was seconded by Dr. Butier and adopted. 415 BRIDGES-PLANNING-VIRGINIA TECH-HOTEL ROANOKE CONFERENCE CEHTER COMMISSION: Ms. Patricia E. Rodriguez, 1202 23rd Street, S. W., addressed Council in support of naming tho pedestrian bridge at Tho Hotel Roanoke & Conference Center the "O. Winston Link" in honor of O. Winston Link, a nationally renowned artist who, at different times throughout his life, resided in the Roanoke Valley. She explained that in 1955, Mr. Link was driven by the knowledge that the era of steam locomotion in the United States was rapidly drawing to a close and therefor began recording, on film, the activities of Norfolk and Western Railway. (See supporting documentation on file in the City Clerk's Office.) It was pointed out that on Mamh 18, 1996, the pedestrian bridge was named "Market Square Walkway". There was discussion in which it was stated that it would be more appropriate to name City facilities/structures in honor of individuals who have lived their entire life in the Roanoke area. ACTION: Following discussion of the request and without objection by i Council, the Mayor advised that the remarks of Ms. Rodriquez would be received and filed. OTHER HEARINGS OF CITIZENS: None. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of $198,024.00 from the 1995-96 Capital Maintenance Replacement Fund, the proceeds of which will be used to purchase modular classrooms for Fallen Park, Hurt Park, Lincoln Ten-ace and Round Hill Elementary Schools, and to match funds with community donations to furnish elementary schools with technology equipmen, t, and further requesting, appropriation of $8,100.00 for the ProJect Success Program, which is designed to encourage college preparation of eighth grade students who show academic promise, but would be unlikely to consider advanced studies without intervention, which additional funds represent contributions received from the private sector, was before Council. 416 ACTION: A report of the Director of Finance recommending that Council concur in the request of the School Board, advising that this is the eighth appropriation of the School Board's fiscal year 1995-96 Capital Maintenance and. Equipment Replacement Program funding of $2,394,036.00, leaving an unappropriated balance of $125,976.00, was also before Council. (For full text, see communication and report on file in the City Clerk's Office.) Mre. Bowies offered the following emergency budget ordinance: (#32884-041596) AN ORDINANCE to amend and reordain certain sections of the t995-96 School and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 301.) Mrs. Bowies moved the adoption of Ordinance No. 32884041596. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Butler, McCadden, Parrott and Mayor Bowers {~. NAYS: None (Council Member White was absenL) Ms. Wyatt expressed concern with regard to certain programs that are not school related but use available space in the schools while some school related programs ara taught in modular classrooms. It was agreed that the matter would be discussed during 1996-97 budget study session with the School Board on Wednesday, May 8, 1996, at 8:30 a.m. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: 417 BUDGET-COUNCIL: The City Manager presented the I .Recommended Rosou~c..~,oc~tio. Plan for Fisc~.l Year 1996-97, which rs a balanced budget totaling $152,535,363.00, ma,ntains ell current City services, fully supports the education budget, and contains no new or increased taxes. The Director of Finance reviewed Page 7, General Fund Revenue, of the proposed Resource Allocation Plan. (For full text, see Recommended Resource Allocation Plan for fiscal year 1996-97 on file in the City Clerk's Office.) ACTION: Without objection by Council, the Mayor advised that the recommended 1996-97 fiscal year budget would be referred to 1996-97 budget study for discussion and consideration by Council. Mrs. Bowles offered the following resolution: (~32885-04t596) A RESOLUTION establishing the date of a special meeting of the Council of the City of Roanoke. i (For full text of Resolution, see Resolution Book No. 58, page 302.) ACTION: Mrs. Bowles moved the adoption of Rosolu'don No. 32885-041596. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Membara Wyatt, Bowies, Butler, McCadden, Parroti and Mayor Bowers 6. NAYS: None 0. (Council Member White was absenL) ITEMS RECOMMENDED FOR ACTION: BUDGET-TAXES-PLANNING-WRABA-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that the Williamson Road Area Business Association, Inc. (WRABA), is a private, non-profit, voluntary membership organization founded in 1981 to encourage, foster and initiate economic development and quality of life improvements in the Williamson Road area; WRABA 418 retained its first full-time coordinator, with assistance from the City, to promote ~e Williamso. n Road corridor in 1988, ..wh. ich coordinators have recruited new bus,ness members, assisted with the development of advertising programs, coordinated special events and encouraged businesses to locate in the Williamson Road area; WRABA successfully initiated an effort in 1992 that led to establishment of a Special Service District by Council along a portion of the Williamson Road corridor; WRABA serves as the City's agent in receiving funds and carrying out certain functions, subject to an approved work plan, intended to improve the Williamson Road corridor; and Williamson Road, like many other older strip commercial areas, suffers from a number of problems, including lack of a coherent identity, excessive signage, traffic congestion, obsolete and poorly maintained commercial buildings, poor ingrees/egrese, poor image, inefficient business mix, commercial/ residential conflicts and other problems. It was further advised that recent discussions between WRABA and the City Administration indicate a need for a corridor plan to coordinate public and private infrastructure improvements along the Williamson Road corridor, which would include the following components: Market analysis will identify existing and future market forces and demographic factors which will impact the Williamson Road commercial area. Land use analysis will identify existing land use patterns/ conflicts along the Williamson Road commercial corridor and will make recommendations to improve the existing "business mix". Physical improvement recommendations will identify needed public and private improvements along the Williamson Road corridor. The City Manager recommended that Council authorize transfer of $35,000.00 from General Fund Contingency, Account No. 0014)02- 9410-2199, to Planning and Community Development, Account No. 001- 052-8110-2010, Fees for Professional Services. (For full text, see report on file in the City Clerk's Office.) 419 ACTION: Mrs. Bowles offered the following emergency budget ordinance: (~32886-041596) AN ORDINANCE to emend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 303.) Mrs. Bowles moved the adoption of Ordinance No. 32886-041596. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Butler, McCadden, Parrott and Mayor Bowers 6. NAYS: Nono 0. (Council Member White was absent.) At 3:25 p.m., the Mayor declared the meeting in recess. At 3:40 p.m., the meeting reconvenecl in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member White. BUDGETM:~LAIMS-PARKS AND RECREATION: The City Manager submitted a written report advising that Reebok Intemationsl, a maker and marketer of athletic shoes was charged in Federal Court with price fixing; terms of settlement of the suit required Reebok to create a multi- million dollar fund for distribution to jurisdictions, non-profit corporations and charitable organizations; Virginia's share of the fund was to be disbursed by the Commonwealth's Office of the Attorney General based on submitted proposals; the Roanoke City Depaf't,~,ent of Parks and Recreation submitted a proposal in 1995, with the intent of using the money to begin an outdoor canoeing program and to provide for improvements to City athletic fields; and the proposal was one of six approved by the Office of the Attorney General, with the City having been chosen to receive a $20,000.00 award. 420 ACTION: The City Manager recommended that Council accept the $20,000.00 Reebok settlement award; and appropriate $20,000.00 to Parks and Recreation Department budgets as follows: $15,000.00 to Account No. 001-052-7110-2035 and $5,000.00 to Account No. 001-052- 4340-9065. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#32887-041596) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 304.) Mr. Parrott moved the adoption of Ordinance No. 32887-041596. The motion was seconded by Mrs. Bowies and adopted by the following vote: ACTION: AYES: Council Members W~jatt, Bowies, Butler, Parrott and Mayor Bowers 5. NAYS: None Ow (Council Member White was absent.) (Council Member McCadden was out of the Council Chamber.) Mr. Parrott offered the following resolution: (~32888-04t596) A RESOLUTION authorizing acceptance of the settlement award from the Commonwealth of Virginia; and authorizing execution of the necessary documents, on behalf of the City, to comply with the terms and conditions of such award. (For full text of Resolution, see Resolution Book No. 58, page 305.) Mr. Parrott moved the adoption of Resolution No. 32888-041596. The motion was seconded by Mrs. Bowies and adopted by the following vote: 421 AYES: Council Membem Wyatt, Bowies, Butler, ParTott and Mayor Bowers 5. NAYS: None 0. (Council Member White wes absent.) (Council Member McCadden wes out of the Council Chamber.) BUDGET-HUMAN DEVELOPMENT-GRANTS-BLUE RIDGE COMMUNITY SERVICES-DISABLED PERSONS-FDETC: The City Manager submitted a written report advising that the Filth District Disability Services Board is responsible to local govemmente and serves as a critical resource for needs assessment, information sharing and service opportunities for citizens with disabilities, their families and the community; and the following jurisdictions in the Filth Planning District have enacted resolutions establishing parficipetlon in a regional effort and have appointed a local official to serve: Cities of Roanoke, Salem, Covington, Clifton Forge; Counties of Roanoke, Craig, Botetourt, Allegany, along with the Town of Vinton, and representatives from business and consumers. It was further advised that funds from the State Rehabilitative Services Incentive Fund, a short-term, non-renewable, stimulus fund designed to promote investment in meeting the needs of individuals with physical and sensory disabilities, have been allocated to the Fifth District Disability Services Board, which solicited proposals for use of Rehabilitative Services Incentive Fund monies; seven proposals were received and reviewed, and the Disability Services Board awarded $25,290.00 to the Blue Ridge Independent Living Center (Family Support and Peer Counseling), which will provide local matching funds for the grant. The City Manager recommended that Council appropriate $25,290.00 to a Grant Fund account to be established by the Director of Finance for transfer to Blue Ridge Independent Living Center. (For full text, see report on file in the City Clerk's Office.) Dr. Butler offered the following emergency budget ordinance: 422 ACTION: (#32889-941596) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full toxt of Ordinance, see Ordinance Book No. 58, page 306.) Dr. Butler moved the adoption of Ordinance No. 32889-041596. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Butler, Parrott and Mayor Bowers 5. NAYS: None (Council Member White was absent.) (Council Member McCadden was out of the Council Chamber.) CITY ATTORNEY: POLICE DEPARTMENT-FIRE DEPARTMENT-LEGISLATION-CITY EMPLOYEES: The City Attorney submitted a written report advisin,, _that Senate Bill 849, which is being considered by the ~Jnited Sta~: ~en..a.te, would allow sig.n, ificant flexibility in the City personnel pisn~' an.o I; pas~. ed, the legislation will permit localities to adopt a mandatory retirement age for police officers and firafightera and a maximum age for enby-level public safety employees, which would be accomplished b.y extending an exemption that was ori;linallv enacted in H~= &,= Discrimination in Employment Act; whereupon, .'e emph-~i~.~d-~-at~tt~; legislation would mere!y permit the City to re. instate a mandatory retirement age or a maximum entry age for public safety officers, and the City would not be required to take such action. The City Attorney recommended that Council enact a resolution which would urge adoption of Senate Bill 849. (For full tax-t, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following resolution: ACTION: 423 (~32890-041596) A RESOLUTION urging the passage and implementation of S. 849 which is pending before the United States Senate. (For full text of Resolution, see Resolution Book No. 58, page 307.) Mrs. Bowles moved the adoption of Resolution No. 32890041558. The motion wes seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Bowies, Butler, Parrott and Mayor Bowers ...... 4. NAYS: Council Member Wyatt (Council Member White wes absent.) (Council Member McCadden wes out of the Council Chamber.) REPORTS OF COMMITTEES: ANNEXATION/CONSOLIDATION-PLANNING: A reportoftheCity Planning Commission advising that a request was received from Bruce E. Mayer, Attomey, that the City adjust its existing boundary line with Roanoke County; properties affected are located in Section I of the Triple Crown Estates subdivision; streets and lots of this subdivision are located within the boundaries of Roanoke County, with the exception of certain portions of Lots 5, 6 and 7 which are located within the boundaries of the City of Roanoke; and owners of the subject properties are identified as follows: Lot 5 - Brown and Dent Construction Company (Note: City tax records indicate this parcel is owned by C & D Builders, Inc.) Lot 6 - Kenneth H. Thomas and Kathy B. Kemp Lot 7 - C & D Builders, Inc. The City Planning Commission recommended that Council approve the request to adjust the existing boundary line between the City of Roanoke and Roanoke County, as generally described in Exhibit Three of the report; authorize the City Manager to take or cause to be 424 ACTION: tek®.n such actions as may be necessary to effect and prepare an omc,el s.u. rvey of..id recommended boundary adjustments, a.t. no coot to the C,ty; authorize the Mayor and the City Clerk, respectively, to execute and attest an agreement between the City of. Roanoke and Roanoke County to relocate the subject boundary lines ,n accordance with the boundaries described and set forth in said omcial survey, such agrsement to be approved by the City Attomey as to fora1; authorize the City Attorney to pa..rticipete in appropriate legal proceedings and.to execute such plead,rigs and orders o~ decrees on behalf of th.e C,ty which are approved as to form by the C,ty Attorney, upon execution of said agreement, in accordance with reauirsmant= nf .~,.*;,~. 4= 4 t031.1, et se.q:, of the Code of Virgini;~ {195-"O-)'~-~-;me"'~l~l;~l;'a";1; authorize the C,ty Clerk to cause the description of such boundary line, as agreed upon, to be duly published as required by Section 15.1- 1031.2 of the State Code, at no cost to the City. (For full text, see report on file in the City Clerk's Office.) Dr..Butier moved that the following ordinance be placed upon its first reed,ng: A (#32891) AN ORDINANCE authorizing the Mavor to ~,=,., ~ -- gr..~ment between the County of Roenoke and th;City o~'l~);n--o;; I relating .to the bou. ndary line between said governmental entities, and authoriz,ng certa,n other actions relating to such boundary line adjustment, (For full text of Ordinance, see Ordinance Book No. 58, page 310.) .The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Butler, McCadden, Parrott and Mayor Bowers 6, NAYS: None O. (Council Member INhite was absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS. 425 ACTION: SEWERS AND STORM DRAINS-EASEMENTS4NSURANCE-PIPE LINES/STORAGE TANKS-CITY PROPERTY-PUBLIC WORKS- ECONOMIC DEVELOPMENT: Ordinance No. 32870 authorizing execution of a Request for Permit Agreement with Plantation Pipeline Company to allow a crossing of its pipeline facilities with a sanitary sewer line in connection with the Tinker Creek Interceptor Sewer Replacement Project, upon certain terms and conditions, as more particularly set forth in · report and sttachment dated April 1, 1996, from the City Manager, having previously been before the Council for its first reading on Monday, April 1, 1996, read and adopted on its first reading and laid over, wes again before the body, Mr. Parrott offering the following for its second reading and final adoption: (#32870-041596) AN ORDINANCE authorizing execution of a Request for Permit agreement with Plantation Pipeline Company to allow a crossing of its pipeline facilities with a sanitary sewer line in connection with the Tinker Creek Interceptor Sewer Replacement Project. (For full text of Ordinance, see Ordinance Book No. 58, page 298.) Mr. Parrott moved the adoption of Ordinance No. 328704)41596. The motion wes seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Butler, McCadden, Parrott and Mayor Bowers 6. NAYS: None 0. (Council Member White wes absent.) ROANOKE CiViC CENTER: Ordinance No. 32875 extending the Food/Beverage Concession Management Contract Agreement between the City of Roanoke and The Swanson Corporation for a period of three years, with an option by the City to extend the contract for up to two additional years unless terminated sooner by either party, pursuant to Section 4 of Ute con;~act, having previously been before the Council for its first reading on Monday, April 1, 1996, read and adopted on its first reading and laid over, was again before the body, Ma. Wyatt offering the following for its second reading and final adoption: 426 ACTION: (~32875-041596) AN ORDINANCE extending the Food/Beverage Concession Management Contract agreement between the City of Roanoke and The Swanson Corporation for a period of three years wilt an option by the City to extend the contract for up to two additional years unless terminated sooner by either party, pursuant to Section 4 of the contract. (For full text of Ordinance, see Ordinance Book No. 58, page 298.) Ms. Wyatt moved the adoption of Ordinance No. 328754)41596. The motion was ~econded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Buffer, McCadden, Parrott and Mayor Bowers .... O. NAYS: Non_- (Council Member White was absent.) CHURCH AVENUE PARKING GARAGE-VIRGINIA TECH-LEASES- SCHOOLS-WATER RESOURCES: Ordinance No. 32878 authorizing extension of the Lease and Agreement, as amended, between the City and Virginia Polytechnic Institute and Slate University, of space located at 111-117 Church Avenue, S. W., at a rate of $1.00 per year, to commence August t, t996 through July 31, 1997; said lease renewal to be for a one year term, with automatic renewal for up to four additional one-year terms, unless terminated by Virginia Tech or the City in writing at least three months prior to expiration of the renewal term; such lease to be in a form to be approved by the City Attorney and to contain., such terms, and conditions as are set forth in a repo. rt to Council dated Apnl 1, 1996, from the Water Resources Comm,ttee, having previously been before the Council for its first reading on Monday, April 1, 1996, 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: (#32878-041596) AN ORDINANCE authorizing extension of the Lease an.d Agr..ee. ment, as amended, between the City and Virginia Polytechn,c Institute and State University, of the space located at 111- 117 Church Avenue, S. W., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 58, page 299.) * ~ 427 ACTION: ACTION: Ms. Wyatt moved the adoption of Ordinance No. 328784)41596. The motion wes seconded by Mrs. Bowles and adoptsd by the following vets: AYES: Council Members Wyatt, Bowies, Butler, McCadden, Parrott and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) CITY PROPERTY-WATER RESOURCES-STREETS AND ALLEYS: Ordinance No. 32881 authorizing the City Manager, or his designee, and the City Clerk, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the sale of City- owned property located at the no~lJtwest comer of Liberty Road and Hillcrest Avenue, N. W., identified as Lot 20, Block 2, Map of Meadow Land, Official Tax No. 2071420, to C. M. Vandergrift, for the sum of $7,500.00, upon terms and conditions as more particularly set forth in a rspert and attachments dated April 1, t996, from the Water Resources Committee, having previously been before the Council for its first reading on Monday, April 1, 1996, read and adoptsd on its first reading and laid over, was again before the body, Mrs. Bowies offering the following for its second reading and final adoption: (#32881-041596) AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the sale and conveyance of property owned by the City and located at the no,;;,west comer of Liberty Road and Hillcrest Avenue, N. W., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 58, page 300.) Mrs. Bowles moved the adoption of Ordinance No. 32881-041696. The motion was seconded by Dr. Butier and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Butler, McCadden, Parrott and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) 428 ACTION: MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZENS: None. At 3:45 p.m., the Mayor declared the meeting in recess. At 5:05 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 INhite. COUNCIL: With respect to the Executive Session just concluded, Dr. Butler moved that each Member of City Council cerdfy 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 Info,,,,ation Act; and (2) only such public business matters as were identified in any motion by which any Executive Session wes convened were heard, discussed or considered by City Council. The motion wes seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Butler, McCadden, Parrott and Mayor Bowers · 6. NAYS: None (Council Member White was absent.) COMMII'rEES-ORGAN/TISSUE DONATION: Council having adopted Resolution No. 324914)52295 on May 22, 1995, in support of the formation of a Regional Commission on Organ and Tissue Donation and Transplantation, the Mayor advised that the City has been requested to appoint a City representetive to serve on the Commission; whereupon, Mr. Parrott placed in nomination the name of Dr. John A. Feldenzer. There being no further nominations, Dr. Feldenzer was elected as the City's representetive to the Commission on Organ and Tissue Donation and Transplantation by the following vote: '1 429 ACTION: ACTION: ACTION: ACTION: FOR DR. FELDENZER: Council Members Wyatt, Bowies, Buffer, McCadden, Parrott end Mayor Bowers 6. (Council Member White wes abeenL) Inasmuch as Dr. Feldenzer is not a resident of the City of Roanoke, Mr. Parrott 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 adopted. OATHS OF OFFICE-HUMAN DEVELOPMENT-COMMITrEES- CULTURAL SERVICES COMMII'rEE: The Mayor advised that there is a vacancy on the Cultural Services Committee and called for nominaffons to fill the vacancy. Mr. Parrott placed in nomination t~e name of George A. Kegley. There being no further nominations, Mr. Kegley was elected as a member of the Cultural Services Committee for a term ending June 30, 1997, by the following vote: FOR MR. KEGLEY: Council Members Wyatt, Bowies, Buffer, McCadden, Parrott and Mayor Bowers 6. (Council Member White was absenL) OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER: The Mayor advised that there is a vacancy on the Roanoke Civic Center Commission created by the resignation of W. Alvin Hudson and called for nominations to fill the vacancy. Dr. Buffer placed in nomination the name of M. R. Khan. There being no further nominsffons, Mr. Khan was elected as a member of the Roanoke Civic Center Commission to fill the unexpired term of W. Alvin Hudson, resigned, ending September 30, 1996, by the following vote: FOR MR. KHAN: Council Members Wyatt, Bowies, Buffer, McCadden, Parrott and Mayor Bowers.. 6. (Council Member White was absenL) 430 At 5:10 p.m., the Mayor declared the mesting in recess unUI 7:00 At 7:00 p.m., the meeting reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., with Mayor Bowers presiding, and the following Members of the Council in attendance: PRESENT: Council Members Linda F. Wyatt, Elizabeth T. Bowles, Wendell H. Butler, Dslvie O. McCadden, John H. Parrott and Mayor David A. Bowers 6. ABSENT: Council Member William White, Sr.-... J OFFI?.ERS PRESE.NT= _W.. Robert Herbert, City Manager; amee D. RItchie, Sr., Ass,stent City Manager; Wilbum 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. CITY MARKET-CELEBRATIONS-DOWNTOWN ROANOKE, INCORPORATED.CENTER IN THE SQUARE: The Mayor recognized Pearl Fu, Chairparson/Coordinator, Local Colors, for a briefing with regard to activities that will take place on Sunday, April 2t, 1996, in the area of the City Market and Center In The Square. She explained that "Local Colors" ia Roanoke's celebration of multi-cultural diversity. Representatives of various countries were present dressed in native costume, and a song was performed by local artiste entitled, "Star City". HEARING OF CITIZENS UPON PUBLIC MATTERS: 431 TRAFFIC-SIDEWALK/CURB AND GUll*ER-COMPLAINTS-STATE HIGHWAYS-NEIGHBORHOOD ORGANIZATIONS-STREETS AND AL.LEYS: E. .Jesnetto Manna, Co-Chair,. Weshin. gton Park Neighborhood Alliance, appeared before Council and advrsed that the Washington Park Neighborhood Alliance is composed of citizens throughout the City of Roanoke who have concems about various matters. She requested that the Tenth Street area bo provided with sidewalks, curb and gutter and installation of a traffic light at Tenth Street and Hunt Avenue, N. W. The City Manager referred to a communication summarizing work that was completed approximataly tan days ago, under data of April 11, 1996, from William F. Clark, Director of Public Works, in which it was pointed out that several yesre ago the portion of Tenth Street between Campbell Avenue, S. W., and Gilmer Avenue, N. W., was widened including a new bridge over the railroad, and a request to complete these improvements from Gilmer Avenue, N. W., to Williamson Road has been among the list of projects submitted to the Virginia Depafb~ent of Transportation for a number of years; and now that other street improvement projects in the City have been completed or are in advanced stages of design and construction, (i.e. Wells Avenue, Second Street/Gainaboro Road, Peters Creek Road Extension, N. W., and Brendon Avenue, S. W.), the timing for some decisions on Tenth Street is approaching. It was explained that the City has requested VDOT to consider a three-lane widening scheme, particularly north of Orange Avenue so as to reduce the impact on adjoining properties, and VDOT has indicated that such a plan would be feasible although details of how it would impact individual properties have not been satisfactorily prepared. He called attention to a meeting on April 5, 1996, with representatives of the Washington Park Neighborhood Alliance to discuss plans for a neighborhood workshop to solicit citizen input concerning future improvements to Tenth Street, and pointed out that the City is waiting to hear from Reverend Scott and Ms. Manna, Co-Chaire of the Washington Park Neighborhood Alliance, with regard to a suggested date for the neighborhood meeting which will address the entire length of Tenth Street from Gilmer Avenue to Williamson Road; and the meeting will be the first of a series of meetings to invite interested persons to offer comments and suggestions which will allow opportunities for reacting to how those comments and suggestions are translated into preliminary plans and ultimately into final designs. 432 ACTION: There was discussion with regard to the priority listing of the Tenth Street traffic light with other requests for traffic signals throughout the City, as well as the nccd to conduct an updated traffic count on Tenth Street. The Reverend Frank W. Saundera, 2128 Melrose Avenue, N. W., requested that Council, along with the community, not Io~e sight of the major objective which is saving lives. While the matter is under study, he asked that the City assign police officers to strategic are;rs on Tenth Street to slow down traffic which will send a message that life is more important than a short cut from Tenth Street to Williamson Road. The Reverend Leonard L. Hines, 3819 Rolling HilLs Avenue, N. W., appeared before Council and advised that northwest Roanoke is concerned about the lack of progress in their community; therefore, citizens have joined forces to bring their concerns to Council's attention. He stressed the need for sidewalks, curb and gutter, recreation centers and other meeting places, etc., in the Tenth Street/northwest area of the City. Ms. Perneller Chubb-Wilson, President, Southern Christian Leadership Conference, spoke in support of a traffic light at Tenth Street and Hunt Avenue, N. W. Following a lengthy discussion of the matter, Mr. McCadden moved that Council be provided with a report at its next regular meeting on Monday, May 6, 1996, with regard to the City's priority list for traffic signals, the projected timetable for installation of the next five traffic signals included on the priority list, the status of the Tenth Street traffic signal, an updated Tenth Street traffic count, the criteria used by the City in determining whether a traffic signal is justified at a specific location, and that City raprasentativss meet with representatives of the Washington Park Neighborhood Alliance to explain the criteria for traffic signal installation. The motion was seconded by Dr. Butler and adopted. OTHER HEARINGS OF CITIZENS: SEWERS AND STORM DRAINS-COMPLAINTS-UTILITY LINE SERVICES-WATER RESOURCES: Ms. Juanita A. Crews, 57 Gilmer Avenue, N. E., addressed Council with regard to sewer and storm drainage construction currently underway in her neighborhood, and expressed concem relative to damaged water lines leading to reduced 433 water pressure, a damaged sewer line, discoloration of water, a severed I cable line which has since bccn repaired, damage t~. her front yard, and damage to a rock wall. She advised that she recewed no prior notice of construction, and she did not authorize the con~-ctor to enter upon her property. Ms. Jacqueline C. Williams, 57 Gilmer Avenue, N. E., and Mr. Cedric Crews, 343 Walnut Avenue, S. W., addressed Council in support of the remarks of Ms. Crews. ACTION: The Mayor advised that without objection by Council, the matter would he referred to the City Manager for investigation and report to Council and to Ms. Crews. Ms. Evelyn D. Bethel, President, Historic Gainsboro Preservation District, Inc., also addressed Council in support of the remarks of Ms. Crews. She called attention to a project to improve the appearance of the Gainsboro area in which the community solicited and received volunteer services from a local architectural firm to design rock walls for the south side of Gilmer Avenue, and requested Council's assistance to insure that the construction company responsible for damaging the walls will restore them as previously designed without expanse to Gilmer Avenue property owners. ACTION: Without objection by Council, the Mayor advised that the remarks of Ms. Bethel would be received and filed. LANDMARKS/HIST. PRESERVATION-ARCHITECTURAL REVIEW BOARD: Council at its regular meeting on Tuesday, February 20, 1996, having continued a request of the Episcopal Diocese of Southwestern Virginia to present a petition appealing a decision of the Architectural Review Board in connection with a request to demolish structures located at 10t0 and 1014 First Street, S. W., the matter was again hefors the body. David C. Helscher, Attorney, representing the petitioner, advised that the original moving date for the houses was scheduled for sometime around March 15, 1996; however, because the houses have not yet been moved, he requested that the matter he continued. (For full text, see communication on file in the City Clerk's Office.) 434 ACTION: Mr. Parrott moved that the matter be continued until the regular meeting of Council on Monday, June 17, 1996, at 7:00 p.m. The motion was seconded by Mrs. Bowles and adopted. SCHOOLS: Pursuant to Section 9-20.1, Public HoaHng Before Appointment of School Board Members, of the Code of the City of Roanoke (t979), as amended, the City Clerk having adverl]sed a public hearing to be held on Monday, April 15, 1996, st 7:00 p.m., or as soon thereaftsr as the matter may be heard, the matter was before the body. The Mayor advised that prior to the public interview of candidates for the position of School Trustee which is required by Section 9-2t of the City Code, and prior to April 30, Council shall hold a public hearing to receive the views of citizens with regard to School Board appointments, and no applicant sbell be appointed to the School Board unless such applicant's name has been considered at a public hearing. Advertisement of the public hearing was published in The ~ on Friday, April 5, 1996, and in the ~ on Thursday, April 4, 1996. (See publisher's affidavits on file in the City Clerk's Office.) The Mayor further advised that on Monday, April 15, 1996, Council selected the following persons to be accorded the public interview for School Trustee on Thursday, April 25, t 996, at 6:00 p.m., in the City Council Chamber, for three year terms of office commencing July t, 1996, and ending June 30, 1999: Charles W. Day Martin D. Jeffrey James K. Lows, Jr. Brian J. Wiehneff The Mayor requested that each speaker limit their remarks to five minutes. The following persons appeared before Council and endorsed the candidacy of Martin D. Jeffrey: The Reverend Charles T. Green, t731 Hanover Avenue, N. W. The Reverend Frank W. Saunders, 2128 Melrose Avenue, N. W. 435 ACTION: The following pereons endoreed the candidacy of Brian J. W'mhneff: Beverly A. James, 3536 Wright Road, S. W. J. Randolph Edwards, 2236 Sewall Lane, S. W. F. Geoffrey Jenninga, 1744 Blair Road, S. W. The following person endorsed the candidacy of Chariea W. Day: James B. Smith, 4331 Williamson Road, N. W. Without objection by Council, the Mayor advised that the remarks would be received and filed. 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 15, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Betty W. Mitchum that a certain tract of land located at 2044 Brambleton Avenue, S. W., described as Official Tax No. 1260108, be rezoned from RS-l, Single-Family Residential District, to C-t, Office District, subject to certain conditions proffered by the petitioner, the matler was before the body. Legal advertisement of the public hearing was published in The ~ on Friday, March 29, 1996, and Friday, April 5, 1996. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the Planning Commission's public hearing was held on January 3, 1996, at which time the Planning Commission voted to deny the rezoning request; an Amended Petition was filed in the Office of the City Clerk on March 18, 1996, which Amended Petition was filed after the Planning Commiesion'e public hearing on January 3, 1996; and the Planning Commission has not reviewed the revised petition which contains the following proffered conditions, was before Council. There will be no additions or architectural changes to the exterior of the building on the property. 436 ACTION: Parking will be in conformity with the plan prepared by .L~. ng. Engineering Comps.ny dated February 24, 1996, tdenti~ing eight spaces, including two spaces in the garage, and no additional parking spaces on the property. There will be no signage on the building. There will be no entrances on Oakwood. The City Planning Commission recommended denial of the request for rezoning, advising that residents of the neighborhood expressed c.oncem in regard to parking, signege, access, from Oakwood Drive, and the effect on the entrance to the res,dential community; options for location of parking for commercial use of the property were unresolved at the time of the Planning Commission meeting; and since the Planning Commission public hearing, the petitioner has filed an amended petition. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt moved that the Amended Petition be referred to the City Planning Commission for further study, report and recommendation to Council. The motion was seconded by Mr. Parrott and adopted. I TRAFFIC-STATE HIGHWAYS-PLANNING-TRANSPORTATION SAFETY-VALLEY VIEW MALL-STREETS AND ALLEYS: The City Clerk having advertised a public hearing for Monday, May 20, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City Planning Commission to amend the Roanoke City Thoroughfare Plan, an element of Roanoke Vision. Comprehensive Develooment Plan for Roanoke. Virginia 1985-2005. to eliminate a connection from Valley View Boulevard to Andrews Road, N. W., and to add a connection to Valley View Boulevard via an interchange on 1-58t, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, March 29, 1996, and Friday, April 5, 1996. (See publisher's affidavit on file in the City Clerk's Office.) i 437 ACTION: A report of the City Planning Commission recommending that the Roanoke City Thoroughfare Plan element of the City's Comprehensive Plan, Roanoke Vision. Comprehensive Develo_~ment Plan for Roanoke. Y~ be amended, to eliminate a connection from Valley View Boulevard to Andrews Road, N. W., end to add a connection to Valley View Boulevard via an interchange on 1-581, was before Council. (For full text, see report on file in the City Clerk's Office.) Dr. Butler offered the following resolution: (~32892-041596) A RESOLUTION amending the Roanoke City Thoroughfare Plan, an element of ]~iEg~Y. JlJ~ the City's Official Comprehensive Plan for Roanoke. (For full text of Resolution, see Resolution Book No. 58, page 308.) Dr. Butler moved the adoption of Resolution No. 32892-041596. The motion was seconded by Mr. Parrott. The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, Resolution No. 32892-041596 was adopted by the following vote: AYES: Council Members Wyatt, Bowies, Butler, McCadden, Parrott and Mayor Bowers 6. NAYS: Nono 0. (Council Member White was absent.) A report of the City Planning Commission advising that the Roanoke Valley Ama Lon_- Range TransDortation Plan (t 995-2015t includes a list of proposed roadway projects in the urbanized portion of the Roanoke Valley end a "fiscally-constrained" list of projects that are either in progress or have the potential to be constructed within a 20 year period; on November 28, 1994, Council concurred in the City's list of fiscally-constrained projects and the recommended improvements for further study in connection with the plan; and the highway planning process for the 1-581 project requires an amendment to the Roanoke Valley Area Lone_ Range Trans_Dortation Plan (1995- 2015t. which amendment proposes the following, was before Council. 438 "Add a project to the National Highway System Category for 1~..81 from Herehberger Road to a location approx,mately one mile south of Herehberger Road for a new interchange and a collector distributor roadway system (four local access lanes) at an estimated coat of $33,491,000 (not including the $5 million in local funds by the City of Roanoke). Also, to offset this increase, delete the improvements to 1-581 from Elm Avenue to Orange Avenue." ACTION: The City Planning Commission recommended that Council approve the proposed amendment to the Roanoke Valle_v Area Lon- Ranae Transoortatlon Plan (1995-2015) which adds an interchange an~ related improvements to 1-581 between Hershberger Road and Valley View Boulevard Extension while deleting certain improvements to 1-581 between Orange Avenue and Elm Avenue, thereby maintaining a fiscally-constrained plan. (For full text, see report on file in the City Clerk's Office.) Dr. Butler offered the following resolution: (~t32893-041596) A RESOLUTION approving the amendment to the Roanoke Valley Area Long Range Transportation Plan (1995-2015). (For full text of Resolution, see Resolution Book No. 58, page 309.) Dr. Butler moved the adoption of Resolution No. 32893-041596. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Parrott and Mayor Bowers NAYS: None (Council Member White was absent.) OTHER HEARINGS OF CITIZENS: None. Council Members Wyatt, Bowies, Butler, McCadden, 6. 439 There being no further business, the Mayor declared the meeting adjourned at 8:55 p.m. APPROVED ATI'EST: Mary F. Parker City Clerk David A. Bowers Mayor 440 ROANOKE CiTY COUNCIL SPECIAL MEETING April 22, 1996 7:00 p.m. The Council of the City of Roanoke met in special session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, April 22, 1996, at 7:00 p.m., Mayor David A. Bowers presiding, pursuant to Section 10, Meetings of Council, of the Roanoke City Charter, and also pursuant to instructions by Council at its regular meeting on Monday, March 18, 1996. i PRESENT: Council Members Elizabeth T. Bowles, Wendell H. Butler, Delvis O. McCadden, John H. Parrott, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers 7. ABSENT: Ge OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchis, 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. CELEBRATIONS-ACTS OF ACKNOWLEDGEMENT: The Mayor announced that the City of Roanoke is a finalist in the 1996 All America City and Community Awards competition, ranking as one of 30 communities selected from 105 applications from across the United States, and the City of Roanoke is the only finalist from the Commonwealth of Virginia. COUNCIL-ELECTIONS: The Mayor advised that the purpose of the public hearing wes to receive citizen comments to determine whether the qualified voters of the City of Roanoke desire a referendum as to a City Charter amendment establishing a specific form of modified election district system (sometimes referred to as a "ward" system) for the election of some members of City Council; whereupon, the matter was before the body. 441 Legal advertisement of the public hssHng was published in The Roanoke Times on Friday, April 12, 1996. (See publisher's affidavit on file in the City Clerk's Office.) The Mayor requested that speakers limit their comments to five minutes each. Without a written plan of action, there was discussion as to whether or not Council can authorize a referendum at the conclusion of the public hearing; whereupon, the Mayor celled upon the City Attorney for legal advice. The City Attorney advised that the purpose of the meeting is to conduct a public hearing, and the legal notice provided that Council will receive the comments of citizens to determine whether the qualified voters of the City desire a referendum on a City Charter amendment establishing a specific form of modified election district system, which is the sole issue before the Council this evening. Therefore, he stated that motions should be relevant to that perdcuisr issue. Anthony R. Stsvola, President, Greater Raleigh Court Civic League, 1836 Greenwood Road, S. W., inquired as to why it is felt that · modified ward system is needed, and advised that the issue is not one of a disenfranchised minority as in some larger cities, but rather a concern that not all areas of the City feel that they are having their needs addressed equitably and not all areas feel that they are having adequate input into the method by which decisions are made. He suggested that these issues would be better dealt with by ensuring that all neighborhoods are aware of how priorities are developed, and that all neighborhoods have input into the process. He added that if City Council is expanded, operating expenses will increase with additional Council salaries, representing funds that will not be available to meet urgent needs of the City of Roanoke. He called attention to ward plans in other localities which have tended to divide the citizens in the neighborhoods rather than units them, which is the opposite direction in which Roanoke needs to move; therefore, he would not favor a modified ward plan. He stated that City-wide approaches are needed that have support throughout the City and all neighborhoods, even though the specifics of thsse issues may be somewhat different from one neighborhood to another. He called attention to a "President's Council" which has been formed by neighborhood group leaders to more directly present citizen concerns to Council as a whole and to provide a forum for communication. He added that neighborhood groups have a good record of addressing neighborhood concerns by working with Council, and relafionshipe can be built on in an effort to meet many of the concerns expressed by those individuals who support a modified ward plan. He stated that City Council can and should 442 provide seven represe.n, tstive, s for each neighborhood and not just one repreeents.?e for a spec,ftc ne,ghborhood; however, th.e ?1 issue ia .not a larger City C.ounc,I and wards, but the need for better co. mmumcation; and ne?hborh .o~.. orgamzatione want to work with Council to ach,eve this goal. He adv,eed that ,f holding a referendum is decided upon, the City of Roanoke will be divided and .distracted from the real issue which is to help all Roanokers feel that they are an ,mportsnt part of the City. Gary M. Waldo, 3229 Brendon Avenue, S. W., advised that there are a number of advantages to a modified ward system; the first and most impo.?nt, bein..g that people of averege or less th.a.n average means can afford to run for C,ty Counc,I;.and the system most closely ahgned with the average person would be the mod,fled ward system where an individual could run a Council campaign for approximatel.. $1,000.00 - $2,000.00, and the funds could be raised by that individual rather tha~rt incurring present campaign coats which could range between $10,000 and $15,000 per candidate. Secondly, he stated that there is a built-in accountability in a ward system because citizens would know who their reprssentetive on City Council is and there could be regular ward meetings or electoral district meetinne h,,h,,,~, ~;*; .... o, =,_~_m_.m~_~_,re~p:_r~_._n.t.aenn..ea .t?mcts,.or the State .S.e. note whose members represent ~.~_,_,~_~r_,_a..l__~,~m~.c .~! .or ?.e rlO. U.Se .ol. Kepresentativss whose members represent ,-~,.yre~,ona, ulsmcts..e aavme(I that the only two pereons in the United Stem of America's .system of government who are require~l., Constitutionally, to represent .the w~..ole..n, ati.o.n, are the P?ident and the Vice-Pm,dent. With the at4arge system, ne aaoeo mat mere are citizens who would argue that Council Members at-large have not rspressntsd the City aa a whole, .and because Roa..n. oke has an .a. t4arge system, that does not guarantee representation or that priontiee of all sections of the City or all neighborhoods of the City will be addressed He stste.d, that the .sys.~m. is.not n .ecsssarily what guarantees that all needs of ~'e people .mil be m.e.t, out ,t ,s oependent upon the goodwill of the people who hold the chairs on C,ty Council. He stated that a ward system can exist in the ----',--. -- -,--, .... - .. -- ~-,,,a,,=;=L ur me largest city, ano me ~ity Attorney could develop a plan that would call for a four-three or five-two ward; however, he advocated five wards, with the rou"h kO----"----'-- -' 4. . U u uflu,i~rluS O[ normwest, n.ortheast, southeast, South Roanoke and Raleigh Court, with the Mayor and the V,ce-Mayor elected at-large. A. Byron.Smith, 4710 Cherew Lake Drive, N. W., advised that one reason to support a mod,fled ward system i.s. that the person .re. presenting a specific ward would know the purpose of a meeting and could explain the purpose to h,s or her constituents befo?, the meeting rather than to experience the kind of confusion that seems ..~ prevail th,s.e, vening. He stated that under a ward .or modified ward system, all e.e. ctions of the C,ty would be fairly represented at all times rather than just at election time. ,,I 443 The Reverend Vadar C. Colbert, t327 Melross Avenue, N. W., advised that the I ward system ia not a panacea for all problems, but it will help to unify the peopl.e. He explained that s ward system makes the individual accountable to the people ,n hie district. H. Joel Kelly, 3038 Melrose Avenue, N. W., Apt. 927, suggested that a survey be conducted to determine if the citizene of Roanoke wish to express their opinion through a referendum. Ray W. Barbour, 686 Montroae Avenue, S. E., advised that the question is not '~hy", but "how" can better representation be achieved in all areas of the City. He steted that southesst Roanoke has not had a representet~ve on Council for 30 years, that some kind of new form of representation on City Council is needed, and the ward system appears to be the best way to go. He added that the citizene should have the opportunity to decide if they want a modified ward plan. Mary F. Brooks, 2541 Beverly Boulevard, S. W., edvissd that she lives in the section of Roanoke that probably has the greatest population, but has no representative on Council - southwest Roanoke. She stated that one way to make a decision on the issue is to appoint a committee to recommend an equitable ward system, and suggested that those persons who advocate a modified ward system have strong representet~on on the committee, that they receive advice on the legal ramifications under which they are working, that they understand the ethnic portion of the City and how those persons are divided; and that they understand recent court decisions which prohibit certain gerrymanderinge, and with a clear understanding of all of the above, the committee would be charged with formulating an equitable ward system plan. She called attention to problems with regard to lack of communication, situations where Council Members address issues that should be handled by City personnel, citizens who are treated discourteously by some City employees, and the lack of response by City pareonnel to requests for service by citizens. She recommended that a committee of citizens with an interest in a modified ward system be appointed to study the matter and submit a proposed plan to Council; and appointment of a citizens' representative at City Hall who would be charged with the responsibility of proper follow-up on citizen concerns. She explained that she was not angry because she does not have a representative from southwest Roanoke on City Council; but she was angry because she could not get answare from City Hall. Evelyn D. Bethel, 35 Patton Avenue, N, E., requested that each Member of Council uss the power of his or her office and vote this evening on the question of commencing the process that will enable citizens to vote on whether they wish to change the electoral system of Roanoke's government. 444 1 The Reverend Leonard L. Hines, 3819 Rolling Hills Avenue, N. W., expressed concem that he was under the impression that Council would vote this evening on the issue of holding a referendum to determine whether the citizens of Roanoke desire some form of modified ward system. He stated that in the at-large system, communication has been sorely lacking, the community has not been apprised of what is going on until it has ~'.cn acted on by Council which has not allowed time to refute changes or to provide input; and citizens have begun to experience frustration, thus, the at4arge system has not worked for some time. He added that the at-large system benefits only those in power and citizens from the black community intend to stay on top of the issue and continue to make Council aware that a modified ward system is needed. William M. Ballentine, 3321 Birchwood Avenue, N. E., advised that it would be relatively inexpensive to place the following questions on the ballot at the next election: Do you want a ward system? ..... Do you want a modified ward system? ..... Do you want an at4arge system? He stated that this process would allow the citizens to speak at the next election, and inquired aa to how long it would take and how much it would cost for the City Attorney to draft the necessary specifications. He added that the present form of government doss not appear to be satisfying a large number of citizens, and some change is indicated, although he was unsure as to which change would be best. Martin D. Jeffrey, 290.9. Bradley S~.~..t, N. E., spoke with regard to the advantage of requesting the City's representatives to the General Assembly to look at modifying Stal~ laws to allow for an up or down vote on the ward system. He expressed concem that one of the delays in ge~ng the issue resolved deals with an understanding of how the process works, and how State law governs certain decisions in terms of process. He explained that it is important for the City to resolve the question and move on without any misunderetendings about the process. S. Elaina Loritts-Duckett, 1520 Marr Street, N. W., requestm] that each Member of Council express his or her position with regard to the issue of a modified ward system. The Reverend Leroy C. Parson, 352 McDowell Avenue, N. W., advised that it appears that Council is not together on the question, and the City Attorney should have been consulted before the meeting so that citizens could have been properly informed prior to coming to the public hearing. At 8:25 p.m., the Mayor declared the meeting in recess. ,,I 445 At 8:35 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. The City Attorney reviewed the process required to be followed as set forth in his report to Council under data of August 8, 1994. (For full text, see report on file in the City Clerk's Office.) Jeffi~y L. Art~, 727 Highland Avenue, S. E., rslaed question with regard to the statue of a House Joint Resolution which would have allowed localities to place rsfarsnda, such as the modified ward systam on the ballot to be decided upon by the citizens, which could have been accomplished through a certain number of signatures on a petition. He advised that when the Dillon Rule gets in the way of City Government conducting its business, City Government has the authority ta request the General Assembly to amend it~ Charter, and inquired if both methods could be used to speed up the process. He also inquired if Council will commit ta requesting the General Assembly to adopt a House Joint Resolution and s Senata Joint Resolution which will speed up the process, and is City Council willing ta request authority from the General Assembly to amend the City Charter accordingly. Thaddeus H. Hale, Jr., 4740 Mews Hill Drive, S. W., called attention to a plan that wee proposed in approximataly 1993 by a Task Force chaired by Dr. Wendell H. Butler with regard to a modified ward systam, and inquired as to why that same plan cannot be bought to the table for further consideration. Following discussion, Ms. Wyatt moved that Council instruct the City Manager and the City Attomey to convene a task force to develop a modified ward systam proposal to be brought to Council for the purpose of sending a plan to referendum to be votad on by the qualified votars of the City of Roanoke, said task force to be composed of membership from each organization participating in the Roanoke Neighborhood Partnership. The motion was seconded by Mr. Whita. E. Jssnette Manna, 1826 10th Street, N. W., called attention fo a potantial problem with the motion due ta the fact that not all of the neighborhood associations ars members of the Roanoke Neighborhood Partnership; therefore, in establishing the task force, many individuals will automatically be excluded if the motion is adoptad as abovsstatad. Helen E. Davis, 35 Patton Avenue, N. E., advised that the last time the issue wes before Council, it was votad down; and citizens should have been apprised of the legal ramifications and provided with the necessary information prior to the public hearing. 446 Joseph F. Nssh, 1202 Kerns Avenue, S. W., reiterated the remarks of Mr. Hale in support of using the plan that was formulated by the task force in 1993. Following considerable discussion, Ma. Wyatt amended the original motion to provide that the City Manager and the City Attorney be inst~uctod to convene a Task Force to develop a modified ward system plan to be brought to the City Council for the purpose of sending said plan to referendum to be voted on by the qualified voters of the City of Roanoke; the Task Force shall be comprised of one member from each neighborhood association in the Roanoke Neighborhood Partnership and such other neighborhood organizations with elected leadership, by-laws, and regular meetings; and members of each neighborhood association shall elect their representative to the Task Force. The emended motion was seconded by Mr. White and adopted, Council Member Bowies voting no. There being no further business, the Mayor declared the public hearing adjourned at 9:55 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 447 COUNCIL PUBLIC INTERVIEWS OF SCHOOL BOARD APPLICANTS April 25, 1996 6:00 p.m. The Council of the City of Roanoke held public interviews with four candidates for the position of School Board Trustee on Thursday, April 25, 1996, st 6:00 p.m., in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowles, Wendell Ho Butler, John H. ParTott, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers $. ABSENT: Council Member Delvis O. McCadden OFFICERS PRESENT: Mary F. Parker, City Clerk. SCHOOL BOARD APPLICANTS PRESENT: Charles W. Day, Martin D. Jeffrey, James K. Lowe, Jr., and Brian J. Wishneff. The meeting was oTned with a prayer by Mayor Bowers. was led I The Pledge of Allegiance to the Flag of the United States of America by Mayor Bowers. The Mayor advised that on June 30, 1996, the three year terms of Charles W. Day and Finn D. Pincus as tmstoes of the Roanoke City School Board will expire; and the purpose of the meeting is to interview four candidates for the upcoming vacancies. The Mayor called attention to the following actions which were taken by Council, pursuant to provisions of Chapter 9, ~ Code of the City of Roanoke (1979), as amended: At regular meetings of the City Council held on January 16 and February 5, 1996, Council announced its intention to elect Trustees of the Roanoke City School Board for terms commencing July 1, 1996. Advertisements were placed in ~ and the Roanoke Tribune inviting applications for the upcoming vacancies. Eight applications were received in the City Clerk's Office prior to the 5:00 p.m., deadline on Monday, March 11, 1996. 448 On Mamh 18, t996, at 2:00 p.m., Council, as a Committee of the Whole, reviewed and considered all applications. On March t8, 1996, at 6:00 p.m., Council held a reception with the candidates which was open to the public. At the regular meeting of City Council on Monday, April 1, 1996, at 2:00 p.m., Council voted to interview Charles W. Day, Martin D. Jeffrey, James K. Lows, Jr., and Brian J. Wishneff. Those candidates who were to be accorded the public interview were notified by the City Clerk by letter dated April 3, 1996. A notice was published in ~b~ on Friday, April 5, 1996, and in the ~ on Thursday, April 4, 1996, inviting attendance at a public hearing to be held by City Council on Monday, April 15, 1996, at 7:00 p.m., to receive the views of citizens regarding School Board applicants, and further inviting the public to submit proposed questions to the candidates by filing such written questions in the City Clerk's Office by 5:00 p.m., on Thursday, April 18, 1996, 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; that Section 9-21, Public Interview of Candidates. of the Code of the City of Roanoke (1979), as amended, provides, in part, that interviews of the candidates shall take place in an order deemed appropriate by City Council; whereupon, the Mayor advised that the City Clerk had scheduled the interviews in the following order: 6:00 p.m. 6:30 p.m. 8:00 p.m. 8:30 p.m. Charles W. Day Martin D. Jeffrey James K. Lows, Jr. Brian J. Wishneff 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 four mnterviewe would be held and each interview would consist of approximately 30 minutes, and after each interview was completed, the candidates could leave the Council Chamber inasmuch as no action would be taken by Council on this date. 449 In conclusion, the Mayor advised that on Monday, May 6, 1996, at 2:00 p.m., or as soon thereafter as the.mattsr may be considered, the Council will hold an election to fill the two upcom,ng vacancies on the Roanoke City School Board. The first oareon to be interviewed was Charles W. Day. Mr. Day advised it was his pleasure to have the opportunity to speak to Council and complimented the Members of Council on their efforts to make the City of Roanoke an outstanding place to live and to make the City's school system one of the best in Virginia; and as City officials, Council has provided exemplary leadership and worked enthusiastically with the School Board members, school officials and the community on important issues to ensure that all students in the Roanoke City Schools receive a quality education. He stated that as a former educator with over 25 yesre of experience in the Roanoke City School system, as a principal in elementary, junior high and senior high schools, guidance counselor, coach, taacher, parent of two children who attended Roanoke City Schools, and a School Board Member for the past six years, he solicited Council's support for a seat on the Roanoke City School Board based on his experience and education and his commitment and involvement in the community, and, if electad, he would continue to support and work closely with City Council, the School Board, the School Superintendent, taachere, principals, parenta and the community to ensure that all Roanoke City students continue to receive a quality education that will prepare them to become productive citizens to further their education and to be gainfully employed and become future leaders of tomorrow. He statad that his exparlence on the School Board for the past six years has been both challenging and rewarding; that it has been a pleasure serving and working closely with the citizens of the City of Roanoke; and if electad, he will continue to support all aspects of the educational process to ensure that the needs of our children are being met. He notad that the City has an outstanding Mayor and City Council who support the school systsm one hundred percent; and the City has a school systam where quality education is already taking place, a superintendent who provides leadership, outstanding taachere, principals and support staff, students who want to learn, and most importantly, community and parental support. Dr. Butler asked the followino ouestion$; QUESTION: Some professional educators say that dress codes reduce violence and improve discipline in public schools. In March of 1995, the General Assembly passed legislation allowing School Boards to require that uniforms be worn in schools if they deemed it necessary. My question is how do you feel about some schools in Roanoke City adopting a uniform dress code? 45O ANSWER: Mr. Day advised he would not have any hesitation to support standard dress codes; discussions have been held about having a dress code at the Noel C. Taylor Learning Center, where a fashion show was held one evening during a program to model some of the different outfits the students could wear; and he would not be opposed to a uniform dress cede. He stated he thinks in some cases where there may be some rivalry for different stylss of clothing or footwear, when you have students trying to hurt one another because of the styles, in those cases he would not hesitate at all to support such a system; and that it is something that would nccd to be evaluated, and if the administrators, superintendent and parents saw a need for it, he would not be opposed to it. QUESTION: Some classroom teachers are moro skillful in getting students to leam subject matter than other teachers. How would you feel about providing merit pay or bonus pay for exceptionally good classroom teachers? ANSWER: Mr. Day advised he would not be opposed to this because the teaching profession is much like any other business; some individuals ere very successful in getting the learning process across and others have a more difficult time; it is very much like the case with algebra where you have some students who are able to take algebra in the sixth grade, some in the seventh grade, and some in the eighth grade; and it is very much like that in the classroom, where you have some teachers who are very gifted at being able to get the point over without a great deal of e.ffort, and some have to work a little hard.er; and he would not be opposed to anyth,ng that would help the quality of education for these young people to be employable in the future. Mr. Parrott asked the followino nuestions: QUESTION: Assuming that additional money was available, what would you do or how would you use additional funding for the schools? Wl~at would bo your first priority? ANSWER: Mr. Day advised he recently read an article about a shortage of books in some schools, that they don't have a sufficient amount of books and certain instructional materials. He stated he would check with the principals and teachers to determine where the need exists for the appropriate funds, and then it should be established on a priority need basis. He stated as a case in point, if there were instructional materials, we have come a long way on technology and have now advanced to the computer age where we have a very favorable ratio of students to computers, and that is a good example of where the money could bo applied. He pointed out that he would like to see all school personnel paid on a competitive level with surrounding school districts. 451 QUESTION: We have had increased comment and general discussion of the fact that we may get a four year vocational/technical school here, because we feel that would attract more businesses to the area. Do you think there is anything that we could be doing on the high school level to increase the supply of technical training? ANSWER: Mr. Day advised he thinks it is always wise to monitor the vocational fraining because he sew a statistical report from the Depecb,ent of Labor that said the average high school student at the present time will change jobs about eight times during their career, and when you have to change jobs that often you have to be very flexible and receive extensive training. He stated he also heard a report that some of the officials of the vocational depa,;,,ente are conducting a study on that, and they seem to think instead of separating the vocational students they should go through the same rigid program, including English and Math, that all the other students do because the job market is so demanding that they need to be well-versed, and need to be exposed to the rigid program also. Mr. White expressed appreciation for Mr. Day's past service on the School Board and for his willingness to serve again. Mr. White asked the followino ouestions: QUESTION: What do you feel are the greatest strengths of the Roanoke City School System, and also the greatest weaknesses? ANSWER: Mr. Day advised that the greatest strength of the School System is that we are very forbJnate to be in an area where we get such great support from the Mayor and Members of Roanoke City Council; because the Council has really supporbKI the School Board, as well as the support the Board gets from the parents; and we have a beautiful group of students, very talented students, and this is one of our greatest strengths, as well as an excellent staff of teachers and principals, talented personnel and support staff. He stated that the weakness is that we need to continually monitor and evaluate what we are doing to make sure it is the best thing for our young people, because we are preparing them for a very competitive market; that the students will be exposed to the international market, which is no longer a local county or city market or state markeL He stated he recently read that ten of the top corporations are in the State of Virginia, so our students no longer have to leave the state to work in the industries that are on the cutting edge, and he thinks about what the City Council has done as an incentive to get industry to come to the City and the Valley, so that is a new dimension for our students, also; therefore, if we have a weakness, we need to try to equate and prepare our students 452 to be very competitive and to be employable whether they start their employment after they leave high school or after college or advanced trai.n!ng, and we want to make sure they are ready with the training and the available sk~lls so that they can adapt to the employment market. QUESTION: As you talk about that weakness, or perceived weakness, is it your thought that money is not necessarily the answer to improving or eliminating that weakness, rather, a lot of it is planning and vision. Am I correct? ANSWER: Mr. Day stated that he agrees one hundred percent; that it is a personal incentive where you are to be motivated to do this, and he does not think money would be the main force behind it; and that what we have already could be monitored and improved. ~ls. Wyatt asked the followin_- ouesfions: QUESTION: I want to make clear that I heard you correctly. Did I hear you say that you were in favor of a merit pay system for teachers, is that correct? ANSWER: Mr. Day advised that he is in favor of a merit pay system for teachers. QUESTION: That leads me to my next question - how would you develop an evaluation system that can be objectively applied so that merit raises are given fairly? ANSWER: Mr. Day stated that is a problem and has always been a problem; that in places where it has been tried, it has not be.e.n productive; that when he was in the system and several of the local school districts throughout the State of Virginia had it and experimented with it, and then they tossed it out; that it is a difficult thing to monitor; and probably the most difficult task of it all is to find · very valid way of monitoring it and applying it to all the personnel. QUESTION: How would you propose doing that? ANSWER: Mr. Day stated his main reason for supporting it is that he thinks that it is a good incentive; that currently, in order for outstanding teachers to get a certain increase in salary, they have to move out of the classroom to a position of a supervisor or administrator, so we need some way of holding that very talented teacher who wants to teach throughout their whole career in lieu of being an administrator or supervisor, to give them an opportunity to stay in the classroom. He stated it may be called merit pay or whatever it may be, but he thinks there 453 should be an incentive so that ifa person just wanted to d..e. vote their life to teaching, they could be paid at a very good level for their ablhty. He pointed o. ut .at throughout the State and the Nation, there are a lot of college and un,vere~ty presidents who after being in that position for a while, will retire from the administrative position and go back to teaching, which really shows their love for the teaching profession, and stated this is a good example of why we should provide some way for our teachers to be able to stay in the classroom if they want to and still receive pay that is equated with the supervisory and administrative positions; however, the ability to implement that is a problem and a challenge. QUESTION: My next question has to do with the grievance procedure. As a School Board Member, would you support a grievance procedure that had as a part of it binding arbitration? ANSWER: Mr. Day stated he thinks that all the employees should have an opportunity to grieve, if they feel that they have a reason to grieve; that they should have the privilege of having that grievance heard and being handled in a very democratic way, and whether that would mean binding arbitration or not, he is s firm believer in fairness. He advised he would not have a problem with supporting a grievance procedure that had as a part of it binding arbitration; that you should have the right to be heard and to make sure that you receive justice, because that is the foundation this country was founded on, and if that was the only way that we can give justice to our employees, then he would support a grievance procedure that had as a part of it binding arbitration. Mrs. Bowles asked the followin_, ouestiol~; QUESTION: I heard you say how much you appreciated the communications with Council and the work that we have had interchanged. Do you have any suggestions as to how City Council and the School Board could have better communications with our legislators and speak with one voice? ANSWER: Mr. Day stated it would be his opinion wa could reinforce what we have been doing by having the joint meetings, and prior to submitting the Legislative Program, we could add to that part, as well as follow up while they are in session, to see how the other Members of the House of Delegates or Senate are leaning, to give us an up-to-date progress report, in order to evaluate our strategy for trying to get the program approved. He stated he likes what we are doing now, and in lieu of changing that program, he believes we could add to it by having perhaps more of the joint sessions. QUESTION: What are your feelings on year-round schools? 454 ANSWER: Mr. Day stated he would have no reservations about having year- ~ rou..n.d schools; that it is a beautiful way to get full utilization of the physical plant or Bi facllitise; and we have an example just down the road near Rockbridge County where they have year-round school, aa wall as at several key points throughout the State of Virginia. He stated he would not be opposed to year-round schools and pointed out that wa have a modified form by having a full blown summer school, which ia not listed as a year-round school, but we have so many programs during the summer it is as close to year-round school as we could almost get; however, it is more on an optional basis, and yser-round school is more regimental. Mayor Bowers asked the followina -_usetions: QUESTION: Are you in favor of the Goals 2000 program, and if so, why, and if not, why? ANSWER: Mr. Day stated he is in favor of tbe Goals 2000 program. He advised that he does not like to cut across the political lines, and respects all our leaders, but he would say that it is a good sum of money to pass up and it must be a pretty good situation since wa only have two states that are not paCdcipeting in it; and he thinks this might be a method that has been proposed by two Congressmen where each school district can individualize their requests, and it is a good avenue of support of our students. .- QUESTION: Our school superintendent has now been with us for three ~ school years. How would you assess his performance? ANSWER: Mr. Day stated he thinks Dr. Harris has done a very good job; he is a good leader, and has provided good leadership for us; and the School Board has been very pleased with his efforts. The second person to be interviewed was Martin D, ,Jeffrey. Mr. Jeffrey expressed appreciation for the opportunity to appear before Council and talk about issues of concern regarding the School Board and the persons Council will be appointing as Trustees of the Roanoke City School Board. He stated that it is important to him that each Member of Council understand hie motivation because he realizes a lot of people come before Council with a lot of different motivations and most of them, if not all, are legitimate. He stated that his motivation is simple - he seeks a position on the Roanoke City School Board because he has three children in the City School System and beyond that, he has a commitment to the community at large; and that as a part of that commitment, he is constantly seeking ways that he can enhance what he does for the community. 455 He sfal~l that he thinks the problem for Council is that all the candidates who come through this process are qualified, and he doubts there are few any, Ve,l~. people., i.f that have been through the process that were not qualified, wh,ch makes ,t k,nd of difficult and he can appreciate that. He advised that he submitted his application about 15 minutas before the deadline; that he had to search himself, because he had been through the process once before and was not selected, end he appreciated having the opportunity to participate; but, he wanted to make sure that the reason why he was submit~ng an application and seeking a seat on the School Board was not tainted with any unnecessary personal ambitions; and he came to the conclusion that clearly, there are other qualified people, but he could potentially bring something to the School Board that he does not think anyone else other than him could do. He stated that he has been working in the community for about the last 17 years, and he believes he could bring · perspective to the School Board as a single, black male parent struggling to raise three children, as a young, black youth, and he thinks that represents a significant pert of our school system; that he brings a perspective that is interesting and could be useful; and he believes from his perspective as a community organizer/developer/advocate that he brings that as a result of his professional occupation that is not currently present on the School Board, which could help significantly in terms of generating more ownership of the system by the community at large, and par6cularly by parents. He advised he would be committed to this as well as supporting the other goals and objectives of the School Board. Mr. Parrott asked the followino ousstions: QUESTION: Assuming that funding was available, what would your priorities be or what do you think would be the most needed use of additional funding? How would you spend that money, so to speak? ANSVVER: Mr. Jeffrey stated if there was extra money to be spent, the place that he would advocate it being spent is on ways to encourage more parental participation in our school system; that whether you are talking about discipline, or increased standards and getting students to respond more in an academic fashion in the classroom, or regardless of what the issue is, he believes we take a quantum leap forward when we get more parental participation in the school system, so if there were some way that these resources could bo used to generate additional parental participation in the system, then that is how he would seek to use that money. QUESTION: Do you see a need or can you suggest any way that we can improve the vocational/technical training of students at the high school level in order to take advantage of or to be more useful for employers? 456 __... ,_,,--- .,.,~ that in his profsssional occupetio, n h.e was ANS~H. m~. ~ ~'~'--'--d T~inin' Pmg~m ~ich wo~ d~y involved in developing ~ ~shion ~ining p~mms ~at deal dimc~y ~ ~?ir n~ds in wi~ em?oye~ ~. ----le for en~ level posi~ons in ~oss compemss; ~at he ~s ot pmpenng . - · a of v~on, ~ have ~ under--nd ~at ~vlde ~m P ' · -. --.-~ ..... --~nal n~mm around ~ employem n~s p~mm or enhance ~ direct employer pe~cipa~on. ~lr. White asked the followina_ ausstions: QUESTION: Would you elaborate on what you perceive as th.e. greatest strengths and the most significant weaknesses facing the Roanoke City School System. .... ..__. k- '~rml" believes the key to moving our ANSWER: Mr. Je .~rey aav,ssa ma~ ,, ,, . ~. -' our abili'-' to get parents academically and otherwise is ioagea In ~¥ . . system forward ........ :- ,,- ..... *-m has a weakness that more direc~Y involved, aha ne mln~s ,: u.m =,--- .... ,, T ~ -~vstem. but there are ..... · -,-.~ ~.. eh= City schOOlS nave a su~.g r ...... Is weaK. ne =~=u u,.--.- ', .... .~_ --.-..i s~stem, wnlcn nur~ still a lot of parents who are not involvea in tnu :~..v~,, · tremendously in terms of the disciplinary issue as well as a variety of o~er issues. He stated that the strengths he can see in the school system include an ....... L__, .... the aotential of how technology can · .-,4=,~t=ndinn of the potelltia! TOr teGr*.u~U~l. ~ -- ....... stron,~ .,,..,._- o · · .... ~ ,,--,-~ have movea towara ducational experience, u.u u,.,. enhance the e ......... **.~.,d,,.v in the hands of our students and commitznent almea at gezang mu-, ~,n,,.~;;.;~;cationaI experience. teachers for the purposes of enhanc, g ~ Wyatt asked the followina auestions'- QUESTION: How would you propose developin, g a.n evaluation system for teachers that would be one hundred percent totally objective? R: Mr. Jeffrey advised that this is a place where parents can provide · .AN.SWE . ~;__,~_:,.. ,.. this narticular process that may not already, exist~ or aaa a aegrss m oquu--,,z ~- . r. ..... ~.:--k ;..~lved aarents ana le if we had an evaluaaon pro. cass w,.~.-. ,,,:.-- for .ex.a.m_~_e-- .nd those oarente and admin,stretore worKe.a .m. oe?e.~r aamlnlS~ramm, -..- -~ .. - ...... ,~ _.,.~ ...,. d~nr,~ O! objectivity mat Gum- those evaluations, he believes t~az woum auu -~,.. .... =--- · prove helpful. QUESTION: Would you support a grievance procedure for educators that had as a part of it binding arbitration? 457 Ii ANSWER.: Mr. Jeffrey advised that he would support a grievance procedure that included b~nding arbitration. Mrs. Bowies asked the followin~a auestions: QUESTION: I have had some calls recentJy asking why the School Board does not consider yssr-mund schools, and I would like to know what you think about year-round schools and if you would support that concept. ANSWER: Mr. Jeffrey advised that he thinks and acts locally, and he likes to think that he is tuned in to what is going on in our world in terms of global economy, and the idea of a global village; that what happens locally has to take into consideration what is happening on the global scene internationally; and that we have to tie into all of that in terms of our decisions about education and how much of it we are going to offer our children. He stated that because of his feelings for his children, he does not know how aggressive he would be in advoca'dng year-round schools, but he thinks we ought to seriously look at some extension of the educational offerings as far as whether we are extending the day or whether we are extending the year to some extent; and he absolutely thinks that is crucial in order to move Roanoke' s children, Virginia's children and America's children toward a more competitive position in the world. QUESTION: There is a great deal of talk about the teachers in this area not being able to receive the same salaries as other surrounding areas. How do you feel our teachers' salaries compare with other surrounding areas, and do you think we are right or wrong? ANSWER: Mr. Jeffrey advised that based on actions by the General Assembly and the City Council, salaries are moving significantly toward being more in line with the national averages; it has never been his thinking that we ought to focus on the region, rather, he thinks the focus ought to be on the national average; he would like to know that his childrens' teachers are making a salary comparable to the national average; and he believes this maintains or guarantees a certain degree of quality in teaching staff and instruction that we all want to see in our school system. Ha added that for him, it is a national focus and he believes wa have moved significantly in that direction. Dr. Butler asked the followino auestions: QUESTION: Some professional educators say that dress codes reduce violence and improve discipline in the public schools. In March of 1995, the General Assembly passed legislation allowing School Boards to require that uniforms be 458 wom in schools if they deemed it necessary. My quest]on is how do you feel about some schools in Roanoke City adopting a uniform dress code? ANSWER: Mr. Jeffrey advised that he would be in favor of anything, whether it be uniforms or same-sex classes, that minimizes distraction for children in the classroom and moves them closer toward higher academic performance, so if in fact dress codes do that, then he can support that. He stated that the process used to determine what the policy is going to be should involve parents and students from each school; and that it is crucial to have their involvement and have them buy into it in order to have successful implementation. QUESTION: Some classroom teachers are more skillful in getting students to learn subject matter than other teachers. How would you feel about providing merit pay or bonus pay for exceptionally good classroom teachers? ANSWER: Mr. Jeffrey advised that he thinks the idea of merit pay is a good idea; however, it is also a risky proposition to the extent that you do not have the kind of credible, objective evaluation process to make sure that there is no possibility of favoritism or hurting morale among the total system. He stated he thinks a merit system is a good idea, but it should include a credible objective evaluation process with checks and balances in place. Mayor Bowers asked the followin_o o_uesti~ps: ! QUESTION: Our school superintendent is nearly finishing up his first term. How would you assess the performance of Dr. Wayne Harris? ANSWER: Mr. Jeffrey advised that he would support renewal of Dr. Wayne Harris' contract. He stated that he believes Dr. Harris has been good for the school system; and as to the question of whether Dr. Harris has performed completely to the satisfaction of most people, you probably will be able to find a significant number of people who take issue with some things that Dr. Harris has done, and he has some conceme about some of those things; however, he would support renewal of Dr. Harris' contract with some contingencies to the extent that there are some concerns and that there would be some assurances that those concerns would be addressed. QUESTION: Are you in favor of the Goals 2000 program, and if so, why, and if not, why? 459 ANSWER: Mr. Jeffrey advised that he applauded the article in the newspaper concemin..g Congressman Boucher and another Congressman who have decided to enter · b,II into Congress that allows school systems to apply for those monies if they so choose; that he believes that is a good idea, because if, in fact, the Goals 2000 monies do not have a lot of unnecessary regulations end unfunded mandates attached, he believes the Roanoke City School System could use that money and so could a lot of other school systems; and he thinks that aspect of it needs to be explored if that money is without those regulations and can prove helpful to us in an unobetructive way. At 6:55 p.m., the Mayor declared the meeting in recess. At 8:00 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. McCadden. The Mayor advised that Council Member McCadden could not be present and had expressed his regrets. The third oerson to be interviewed was James K. Lows. ~lr~ Mr. Lows recounted a c. onvereatio.n with his nephew who was in his first year college and .had to subscribe to a major publication such as Newsweek or Time of magazine for his English class and over the course of the semester write ten papers about articles that he had read, and his nephew was comparing his course to his roommate's class because his roommate only had to write a fifteen page bibliography, which he felt was an easier task; and advised what his nephew was telling him was that he could tell a story from a personal experience but was not confident that he could read what someone else has written, analyze their points and critically analyze it. He stalmJ that this disturbed him, because looking back on his own education he realized how valuable that educational experience was. He further stated that about 20 years ago, a friend of his who is a structural engineer went to New York for the Centennial Celebration for the Brooklyn Bridge and he had dinner with the President of one of the leading engineering finns in the United States, and he asked him what he thought about the new graduate engineers, and the firm's President replied that the graduates were great number crunchers but they didn't understand the numbers, that they were great with computers but they could not tell you whether an eight inch deep beam or a twelve inch deep beam should be used, rather, they just relied on what the computer told them. He stated that those two examples played a big part in his decision to submit an application for the Roanoke City School Board; that being an engineer and having a legal and technical background, he is very interested and realizes that we must prepare our students 460 for the future, which is going to be much more technologically advanced and technologically driven than our lives and our education has bccn: that he is =l,,,, concerned about the potential loss for understanding basics, for un~lerstending-~t~ ! foundational theories of whatever course of study they choose; that he believes it is very important not only that we bring our students along into technology, but to first ground them in foundation and in the fundamental theories of science, math, and English so that when they approach that tachnology they understand the basics. Mr. White asked the following ouestion: QUESTION: I would like to hear your views on what you perceive as the strengths and the weaknesses of the Roanoke City School System. ANSWER: Mr. Lowe advised that being in a service industry he understands that your people have to be your most valuable asset because it is through those people that you are providing a service, and without quality teachers we would not have quality education; there is a lot we can teach ourselves as we grow older, but the younger we are the more we need leadership and direction in our education; and that the strength of the City's school system is that it has dedicated teachers and employees who are concerned about the children they teach and want to see those children succeed. With regard to the school system's weakness, Mr. Lowe stated that edu.c, ational systems must I.o~..k at the ?ulta of test sco.res across the country and continue to follow it; ~at wh,le dedication and interest ,n children is great, he I is concemed tha.t the C~ty's school system is beginning to slide away from fundamental princ;plss by allowing things to creep into the school system that take away from instruction time; that he has read material which indicates that if you look at the oay of a student and compare it to ten or fifteen ears a o. the a~toun -' Y g . t of contact time that student has with fundamental core courses has fallen; and that teaching methods have a big part in the quality of the output. He stated he believes the strengths are the teachers and their dedication and interest in education, and the weakness is the result that we are producing. Ms. Wyatt asked the followino uuestio~.? QUESTION: As a School Board member w.o..uld you support a grievance procedure for teachers that provided for binding arbitration? ANSWER: Mr. I.owe advised that as an ennineer, he does not lik= arbitratio.n, but for different reasons; however, he believes ~hat an administrativ; process ,s needed which is economical, takes less time, allows for quick resolutions of disputes; that liblgation of issues is very expansive, so he would support a process within an adminlstretive body, such as a school board system, which offered a 461 dispute .resolution system short of litigation, something that would be quick, fairly economical and that the .p. artiee could agree to the results. He stated he has a personal bias against arb;tretion; however, he would not inflict that on someone else. QUESTION: How would you go about providing a process as a School Board member that would develop an almost 100 per cent objective evaluation system for employees? ANSWER: Mr. Lows advised he did not believe that is very possible, inasmuch as when you put a two-legged animal into the system there has to be some subjectivity to it; and that one of his least favorite things is a middle manager's performance evaluation. He explained that he has a supervisor who rates him, and as head of a depa,;,,,ent he also has corporate responsibilities to all ten of his company's offices, so he has interaction with people outside of the Roanoke office that his supervisor is not aware of; therefore, he always sends a copy of the evaluation form to office managers of other offices and asks them to evaluate him and provide the results to his depa,~,,,ent head, so that his supervisor can get input from people that he works with on a day to day basis. He stated that he would support an evaluation process that would include a peer review that could be provided to the supervisor of the individual being rated, so that the supervisor has knowledge of other people's ~erceptio~s of the individual. I' Mrs. Bowles asked the followno ouestions; QUESTION: What would be your feeling about year-round schools? ANSWER: Mr. Lows advised it would depend on how the year-round schools worked; that his wife attended a year-round program in Northern Virginia that was to some extent driven by the sheer numbers of students and use of the facili§ss; and that if the City's system was a year-round system with staggered vacations that would somewhat increase the amount of contact time but not just increase the number of days, he would be in favor of that; however, he is not in favor of just merely increasing the number of school days. He stated that he would be willing to consider year-round schools within certain bounds if we can lengthen school periods, better utilize facilities by staggering vacation times, or increase time in core curriculums. QUESTION: How importantly do you think the teachers' salaries affect the quality of their ability to teach? 462 ANSWER: Mr. Lows advised that he believes money is more of a de-motivator than a mo~vator; that he does not think money is a motivator for performance; for example, if teachers in Roanoke City find out that teachers in Salem or Roanoke County are making more money than they ars for the same level of experience and the same types of qualifications, then he believes it would negatively impact their performance, but if it is vice-versa, he does not think that would result in an increase in performance. He stated it is more an issue of whether the pay is equitable, and he does not think merely raising salaries would increase the teachers' performance. Dr. Butler asked the followin, ._uoetions: QUESTION: Some professional educators say that dress codes reduce violence and improve discipline in public schools. In March of 1995, the General Assembly passed legislation allowing School Boards to require that uniforms be worn in schools if they deemed it necesear/. How do you feel about some schools in Roanoke City adopting a uniform dress policy? ANSWER: Mr. Lows advised that he believes some of the clothing today can be disruptive or cause an attraction to certain people, and cause students to concentrate on things other than education. He stst~l that he would support dress codes that ars reasonable and that draw some kind of limits on the type of dress that students .ars allowed to wear to school; that the students' dress is a type of · respect for their peers a. nd the teachers, and it tea. ches good citizenship as well as I respect for others; and ,f one school wants to try it and another does not, then one advantage might be to determine whether perfo,,,ance differs from one school to another. QUESTION: Some classroom teachers are more skillful in getting students to learn subject matter than other teachers. How do you feel about providing merit pay or bonus pay for exceptionally good classroom teachers? ANSWER: Mr. Lows advised that he is in favor of any kind of merit pay system that is structured properly; that merit-based pay is used in most other non- unionized type organizations; and he believes employers want to reward performance, and teachers that perform better should receive better pay. He stated that he previously worked for the Federal government which has a step-pay scale where employees in a pa~cuisr pay grade and step earn a certain amount of money, and he believes this breeds mediocrity and causes people to question why they should be outstanding if their performance is not going to be recognized. 463 Mayor Bowers asked the followina auestions: I QUESTION: What is your posiUon with regard to Goals 2000 and why ars you for it or against it? ANSWER: Mr. Lows advised that he is against Goals 2000, and stated that if you look at what Federal dollars have done at the higher education level it is not rsally very good. He expressed the opinion that Federal dollars come with mors and more bursaucracy; and pointed out that most of the money in the Superfund area went to the lawyers, not to cleaning up hazardous waste sitas. He steted he doss not like that connection between the Federal government and education at the state and local level, and one example of what Federal dollars have done in the higher education arsa is that some colleges now have vice-prssidenta whose sole job is to ensurs that the institution of higher education is repo~ng the right numbers on the right forms to the Federal govemment, and he questioned what this does to educate studenta. He stated that his concern is that the burden to administer Federal funds will far outweigh the advantege those funds may bring to actually improving education. QUESTION: Our school superintendent ia completing his first term. How would you assess the performance of Dr. Wayne Harris? ANSWER: Mr. Lows advised that he doss not have childrsn in the City schools, and he has not been involved in the school system to be able to judge Dr. Harris' performance. Mr. Parrott asked the followin0 ouestions: QUESTION: If we had additional funding available to take cars of some particular need that you think we have, what would your priorities be or what do you think would be the most needed use of additional funding? ANSWER: Mr. Lows advised that he would be interested in looking at all the school facilities in the system to determine if there ars any disparities between the schools either in terms of fixed facilities or other plant equipment and educational needs; that thers is always that delicate balance between putting off maintenance or working on fixed facilities which can be very costly; and if he wers to prioritize the needs, assuming thers is no risk or unnecessary incrssse in future costs for dealing with fixed facilities, then he would like to first ensurs that we have the right equipment within the schools so that to the extant practical thers is no disparity between City schools as to the equipment and educational tools that ars available in those schools. 464 QUESTION: We ars talking now about a possible four-year college level technical institute in Roanoke and we have heard a numb~.r of comments concerning whether them ars trainable people when an industry dsc~des to locate somewhere. Do you feel that we need to do more as far as technical education at the high school level to meet those needs? ANSWER: Mr. Lowe advised it depends on the type of course work; that he believes the Trane Company goes to North Carolina to recruit air conditioning mechanics because the community college system in Virginia is not producing those kinds of people; that the community college is probably the principle place for that because if you begin to push that down too far there is a question of whether students are mature enough to make those kinds of lifelong decisions at very young ages, as well as the question of what type of skills are going to be taught that would lead to employment; and that more technical and advanced kinds of subjects ars probably better left at community colleges. He noted that the education system in the State of Missouri has proposed that students be put on a career track by identifying them at very early ages and putting them on a career path, and he believes in providing students with the most freedom that we can, so he does not support pushing those kinds of decisions down into the public school systems. Th9 fourth and last osrson to be interviewed was Brian J. Wishneff. Mr. Wishn. eff expressed appreciation to the Mayor .and Members of City Council for allovflng him to be a part of the School Board selection process, advising that the selection of School Board members is probably one of the most important things City Council does; and in today's society there is certainly nothing more important than education. He stated that according to research he has done about the level of support that City Council has given to the schools, over the last ten years the share of local funds that go towards the City Schools has averaged an increase of about 5.7%, which he found impressive; and also, last year the School Board received full funding on its budget request and the City Manager is recommending full funding of the School Board's budget request again this year. He stated that in terms of local taxes, out of 132 school systems around the State, Roanoke ranks 73rd in its ability to pay, but 12th in its effort, and what the Roanoke City Schools are contributing is significant; and when you add all that up and consider the commitment the City Council has made towards renovating at least one school each year for the past number of years, he believes it all says that Roanoke City Council understands the importance of education. He stated if he is appointed to the Roanoke City School Board he intends to be a strong advocate and to be a voice to continue that kind of commitmen*~ He pointed out that he held the position of Chief of Economic Development for the City for over sixteen years and worked with many prospects during that time, and as a part of that position, he had to sell the quality of the City school system, and realizes how important schools ars to that 465 aspect of City lite; and that he would argue that today in terms of s location factor, schools ars even more important and noted that the Chairman of IBM ate'md at a Governor's meeting a few weeks ago that within a year the major corporations in the United States plan to develop a policy stating that if localities do not meet certain standards they will not be considered by these companies ss s possible location for their companies. He advised he also knows through hie work with the City end the area of development how important schools ars to the well-being of our neighborhoods; that in t996, any discussion concerning the health of any City and its neighborhoods has to begin with education and the health of the schools; and the school system is especially important to an urban aras like Roanoke which is competing every day ss to where people ars going to live in the Roanoke Valley, because there ars a lot of choices and certainly schools ars right at the top of the issues that people consider when deciding where they ars going to live. He commented that as a parent with children in the Roanoke City School System, he knows personally how important it is and he gets to see first-hand every day the challenges that everyone teces in our school system and he believes it is important that there be good rspreeentetion on the School Board from parents who have children in the school system. Mr. W',shneff further stetecl that he believes his public experience with the City would allow him to help the school system achieve some of its goals, inasmuch as he is used to working in the public sector; he also thinks the relationships that are built with industry could be a benefit to the schools; that Roanoke City Schools have only scratched the surface in terms of building partnerships with business and industry and he believes he can bring some ideas on how to achieve that goal. He advised that he has some core beliefs and characteristics which he believes would be beneficial if he is appointed as a member of the School Board, i.e., he understands that the School Board is a policy making body and he would respect that; he understands that one of the most important roles of the School Board is to ask the School administration the tough questions that the public expects to be asked; he considers himself to be a good listener and he is especially interested in what parents and teachers have to say; he believes it is absolutely essential that schools provide a safe environment for learning; he thinks it is important that we have some accountability in te.,.s of standards in our schools; and he thinks it is important that Roanoke City Schools have a competitive teachers' salary structure that will allow us to attract and keep the best and brightest teachers. Ms. Wyatt asked the followin~ ._uestions: QUESTION: As a School Board member would you support a grievance procedure for teachers that provided for binding arbitration? 466 ANSWER: Mr. Wishneff advised that since he announced his candidacy for the School Board he has tried to isam more about how the School Board works, and if he were appointed, he would be interested in making some structural changes in how the Board works; that when it comes to issues like binding arbitration, he does not see the necessity in the long run for the school administration to always play that role just like City Council does not play that role; and that the City has the Personnel and Employment Practices Commission to handle these issues, and he really does not understand why the schools never went in that direction. He stated that he does not know for certain that he would support a grievance precedure for teachers that provided for binding arbitration; however, the concept of having either an independent group or a small new group of the School Board make those kinds of decisions has a lot of common sense appeal to him. .I QUESTION: How would you propose developing an evaluation system for educators that wes totally objective so that everyone wes treated fairly and equitably? ANSWER: Mr. Wishneff advised that he honestly does not know; that he thinks the development process for any kind of policy like this should involve school taachere, parents and administrators making that decision, and that it should not be something that comes from the school administret~on; and he would hope everyone would be involved in the development process, but he does not know what the _ policy might contain. .I M~s. Bowles asked the followlno_ o_uestions: QUESTION: We are finding more and more of our foreign countries and even our local people are talking about the need for more hours in the schools. What would be your concept or interest in year-round schools? ANSWER: Mr. V~rshneff advised that he believes at a minimum we need to do a betterjob of protecting the school year; that he is all for spring break and all that, but he does not believe anything should come at the expense of the school year; that it would be great if, financially and structurally, a case could be put together for extending the school year; that obviously, the longer you go to school the better chances of a better education, but on the other hand, he knows it would be extremely expensive and upset the system we already have in place; and that theoretically, he would like to see it, but practically, we probably would be unable to do it; however, that does not mean that we should not do a better job of protecting the school year we have in place. 467 QUESTION: We know we nccd to always look at the strength of our teachers. Do you feel it is important that the teachers' salaries be the same in all localities aa they are, for instance, in Roanoke, Salem or Northern Virginia? Is that important in the quality of teachers that we have? ANSWER: Mr. Wishneff advised that he believes it is important that Roanoke have a very competitive salary structure; and that teachers in the Roanoke City School system have a very difficult job, and it is important to recognize that and reward them to the extent that we can accordingly. Dr. Butler asked the followino ouestions: QUESTION: Some professional educators say that dress codes reduce violence and improve discipline in public schools. In March of t995, the General Assembly passed legislation allowing School Boards to require that uniforms be wom in schools if they deemed it necessary. How do you feel about some schools in Roanoke City adopting uniform dress codes? ANSWER: Mr. Wishneff advised that he does not know of anything more important than a safe environment in schools, and from what he hears this is rising more and more as an issue; and if a principal and school superintendent and others involved in the discussion came to the School Board and made a persuasive case that this would help create a safe environment in a particular school, he would support it. QUESTION: Some classroom teachers ars more skillful than other teachers in getting students to learn subject matter. How do you feel about providing merit pay or bonus pay for exceptionally good classroom teachers? ANSWER: Mr. Wishneff referred to a similar question from Ms. Wyatt and stated that he would have questions about how something like this could be done and kept fair; but if a system could be developed that protected it from abuse, he would support iL Mr. Parrott asked the followino ,luestiol~; QUESTION: Assuming that there were money available to provide some additional services or take care of some particular need, what would your priorities be or what do you think would be the most needed use of additional funding? ANSWER: Mr. Wishneff advised that one of the most needed areas would be teachers' salaries; that the School Board has set a goal to get to the national average, and that is a goal we ought to try to reach to the extent that we continue to 468 reduce the teacher to pupil mt]o, because the smaller the classroom the.better it is to teach; and the School Board also ha.s. s goal of attaining s certa,n level of .~ technology in the schools, and he would I,ks to see that goal roached as well. QUESTION: We have heard discussion conceming the need for groator vocat]onal/tschnicel ability on the part of workers that would be hired by businesses, and we sro thinking of a possible four-year technical school in Roanoke. Do you feel thero is something we could do stthe high school level that would proparo these students to better take advantage of these subjects when they get to the college level? ANSWER: Mr. Wishneff stated thero needs to be some connect]on made for these childron to be awaro that there is a benefit down the road if they succeed in these aross; that the Franklin County school system has s contract with all the major companies in Franklin County wheroby if students pass high school, do not take drugs and have a certain attendance level, they will get first priority on being hirod, so the connect]on thero between the students and the roward is protty clear; that in Roanoke, this may be s little more difficult because our economy is much bigger and more diverse, but he believes the concept is good; and he thinks if you make the connect]on for the students and make the rowerd clssror, the chances of them being motivated will be high. Mr. White asked the followino ouestion: i QUESTION: I would like to hear your views on what you perceive as the major strengths and weaknesses of the Roanoke City School System. ANSWER: Mr. Wishneff advised with rogard to the strengths of the Roanoke City School System that the schools have had adequate funding; that he is a very satisfied paront, has had very good experiences in City schools, and considers the teachers and principals unbelievably dedicated; and the schools have a very involved group of parents, at least attbe schools his childron attend. He stated with regard to the weaknesses of the school system, that the perception that City schools sro not as good as the other schools in the Valley is a problem that we always battle; that the whole issue of providing a safe learning environment is going to be a struggle, and it is something that absolutely needs to be taken caro of, because it will become a weakness if we don't; and he thinks the connect]on for students as far as the rowards for completing school is somewhat weak. QUESTION: With regard to your economic development background and the recent bond issue in Roanoke County for the high schools, what sro your thoughts as to whether it would ever be a possibility that a joint high school could be built in a strategically located part of the Roanoke Valley that could draw attendance from 469 both major Iocalitiss so as to minimize the cost of new construction, recognizing that Patrick Henry and William Fleming High Schools will have to undergo some major renovations or new construction in the next tan to twelve years? ANSWER: Mr. W'mhneff referred to the way industry went through a trend of building larger facilities and then found that they could not manage the employees, and stated that most companies now do not try to build facilities to house thousands of people. He statad that he believes the same thing applies with schools, and his perception from conversations with people in the community is that they wonder why the County would even want to build a school of that size; and when the time comes for the City to build s high school again that might be an issue to be considered at that time, and whether it makes sense to have three smaller high schools in Roanoke City or some combination of that with the County. Mayor Bowers asked the followin_, questio;l~; QUESTION: What is your position with regard to Goals 2000 and why are you for it or against it? ANSWER: Mr. Wishneff sfatad he would be in support of Goals 2000. QUESTION: Our school superintandent is nearing the end o.f his first four-year you assess the performance of Dr. Wayne Hams? How would ANSWER: Mr. Wishneffadvised that from his view as a parent, he believes Dr. Harris' performance has been excellent, and his children have expressed the opinion that a lot of the changes that have bccn made have been for the better and make the schools run better. All interviews having b==n concluded and there being no further business, the Mayor declared the meeting adjourned at 9:00 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 47O SPECIAL MEETING ROANOKE CITY COUNCIL April 29, t996 7:00 p.m. The Council of the City of Roanoke met in special session on Monday, April 29, t996, at 7:00 p.m., in the Exhibit Hall of the Roanoke Civic Center, 710 Williamson Road, N. E., City of Roanoke, Virginia, with Mayor David A. Bowers presiding, pursuant to Resolution No. 32885-041596 adopted by the Council on Monday, April 15, 1996. PRESENT: Council Members Elizabeth T. Bowies, Wendell H. Butler, 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; 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. BUDGET-TAXES: The Mayor advised that the purpose of the meeting was to hold a public hearing to receive comments from citizens with regard to the real estate tax rate; the recommended fiscal year t996-97 U. S. Department of Housing and Urban Development (HUD) Funding Budget; and the 1996-97 recommended City budget. Notice of advertisement of the public healing was published in the Roanoke Times & World-News on Monday, April 15, 1996, and in the Roanoke Tribune on Thursday, April 11, 1996. (See publisher's affidavits on file in the City Clerk's Office.) The Mayor advised that the City Manager has recommended that the real estate tax rate remain at $t .23 per $t00.00 of assessed value; the recommended U. S. Deparb,,ent of Housing and Urban Development {HUD) Funding Budget for fiscal year 1996-97 is $4,194,438.00; and, in accordance with requirementa of Section 471 33 of the Roanoke City Charter pertaining to the annual budget, the City Manager .h. as further r~._o, mmended a balanced fiscal year 1996-97 General Fund budget totellmng $152.5 m,lhon, raprasenting a 4.1 per cent increase over the current fiscal year budget, and includes full funding of the budget submitted by the Roanoke City Schools, as well as funding for the following major expenditures: Employee Pay Raise Increased Grant Fund Transfers Increased Landfill Coats Increase in Subsidy to Transportation Fund Fleet Maintenance Funding Increase Supplemental Budget Requests $ 2,580,000.00 $ 4t4,389.00 $ 136,703.00 $ 103,468.00 $ 75,000.00 $ 883,450.00 The Mayor pointed out that a two-year program is recommended by the City Manager that will provide automated and semi-automated trash collection, which will include providing a free trash container to each household and utilizing one-arm bandits and other similar equipment for collection; and the budget also includes plans to supplement a new Rental Inspections Program that is in the final stages of community-design process, which will not only improve the quality of rantal housing in the City, but will also help provide stability to homeowners as their neighb°rh°°ds bec°me m°re attractive an~ Tell m'ainteined' minutes The Mayor requested that speakers Immmt the,r remarks to five each; whereupon, the following persons addressed Council: Lewis R. Hawkins, 1123 Greenhurst Avenue, N. W., representing the Roanoke City Boxing Association (RCBA), advised that by working closely with the Roanoke City Police Department Youth Bureau, COPE Unit, DARE Program, Department of Youth and Family Services, community churches and pastors, the Roanoke City School system, civic groups, and neighborhood partnerships, RCBA believes that it can build a network that will focus directly on the needs of Roanoke's inner city youth. He explained that prior to applying for HUD funds, RCBA received the support of the Parks and Recreation Depa, b,~ent and the City's Office on Youth and a business plan was formulated whereby RCBA applied for Community Development Block Grant funds; however, after being pre-approved and recommended for funding by the Grants Compliance Office, RCBA was advised that its request for funding was denied because the program was determined to be ineligible by the U. S. Department of Housing and Urban Development_ He explained that an acceptable alternative was to purchase a building on Shenandoah Avenue; however, itwas determined that the building was too expensive and not for sale. As an alternative, he called 472 attention to the possibility of using a building on 11th Street (former Rugby Grocery Store) .which is assessed at $30,000, and requested that the City fund RCBA to I~. enable ,nitistion of a program to benefit Roanoke City's youth. Melanie Staele-Elmir, 1123 Greenhuret Avenue, N. W., President, Steel-Hawk Promotions, Inc., and Administrator for Roanoke City Boxing Association, (RCBA), requested that the City allocate a portion of Community Development Block Grant seed money for use by RCBA. George C. Miller, 3349 Kerehaw Road, N. W., addressed Council in support of the funding request of Roanoke City Boxing Association. Theodore J. Edlich, III, Executive Director, Total Action Against Poverty, spoke in support of budget items relative to the City's proposed Rental Inspection Program which would serve as an asset to Roanoke'a housing stock, strengthen Roanoke's neighborhoods, provide safe places for people to rent, and compliment the City's economic development strategy. He commended the City Manager and City staff on the process that was used to formulate the Rental Inspections Program, and supported allocation of funds for a Coordinator for the Roanoke Valley Greenways Program. Willard W. Barbour, 1502 Fresno S .t~e. t, N. W., spoke in support of the funding request of Roanoke City Boxing Association. I The Reverend Thomas S. Stocks, 1916 Lythan Drive, S. W., representing the Board of Directors, Blue Ridge Community Services, addressed Council in support of the Board's request for funds for fiscal year 1996-97, and advised that the requested funds represent the amount necessary to maintain all programs at the current level of service. He stated that Blue Ridge Community Services provided mental health, mental retardation and substance abuse treatment, and counseling services to 5,349 Roanoke City residents during the fiscal year ended June 30, 1995, at a value of $7,078,049.00, representing $21.69 in service for each local matching dollar provided by the City. He explained that for fiscal year 1995-96, Roanoke City allocated $336,165.00 in local tax dollars to Blue Ridge Community Services and the agency has requested allocation of $477,070.00 for fiscal year 1996-97, and advised that appropriation in a lesser amount will jeopardize state funds and existing service delivery. William L. Proffitt, 3545 Greenland Avenue, N. W., expressed opposition to any increase in property taxes. With regard to pay increases for school teachers, he suggested that the additional funds be taken from the administrative portion of the Schools' budget. With reference to the School budget, he spoke against appropriation of $30,000.00 for a Chess Program and funds to teach students how 473 to pilot an airplane. He complained about the number of City vehicles that he has personally o..bserved in bank p.arking lots and fast food restaurants, as well es the number of G,ty employees aes~gned to perform a specific task. Karen D. Freeland, 6757 Hidden Woods Drive, S. W., representing BFI, advised that City staff has recommended the expenditure of $535,000.00 for an automated refuse collection program for fiscal year 1996-97 and an additional $t.6 million in fiscal year 1997-98. She requested that prior to going to an automated refuse collection system and before expending a substantial sum of taxpayers' money on equipment, the City should consider privatization. She advised that public/privata partnerships can work end asked that the City issue a request for proposals to determine if the service can be provided less expensively through privatization. She explained that BFI estimates that it could save the City in excess of $550,000.00 per year. D. Wayne Webb, 4814 Winsloe Drive, N. E., addressed the proposed automated trash collection service, and advised that as a taxpayer and ss a homeowner, he has concerns that the service will require a great deal of capital over the next two years for startup costs, which, in turn, will cause real esteta taxes to increase. He also expressed concem that City jobs will be abolished ss a result of the new program, the level of refuse collection service will be affected, and the money could be put to better use in the schools or to help fight crime. He urged that the City investigate all available options, such as privatization which would bring competition to the refuse collection and recycling service, help to lower the cost of service, and provide a cycle throughout the City rather than certain select areas. Julie Y. Aliff, 2707 Lynhurst Street, N. E., advised that it would be in the best interest of City residents to consider private haulers for refuse collection which would save money and eliminate the need for purchasing expensive equipment, thus, allowing the funds to be used for services that will benefit the citizens of Roanoke. Louis E. Ellis, 1502 Sherwood Drive, S. W., member of the Roanoke Neighborhood Partnership Steering Committee, advised that the administrative budget of the Partnership has been funded virtually one hundred percent by Community Development Block Grant funds since its inception; however, CDBG funds are the subject of considerable discussion relative to cutbacks and funds are at risk. He expressed appreciation to the City Administration for looking toward the future and for meeting this challenge by including funds in the 1996-97 General Fund budget to cover a portion of the administrative expenses of the Roanoke Neighborhood Partnership. 474 Robert H. Fetzer, President, Building Specialists, Inc., and a member of the Board of Directore of Valley Beautiful, advised that the Boa.rd of Directors adopted I a resolution urging Council to include a grssnways coord,nator in the fiscal year 1996-97 budget He further advised that Roanoke City, along with other Iocalitiee, has appropriated funds to begin planning a greenways system for the Roanoke Valley, which indicates that the Roanoke Valley considers greenways to be a high priority item. He explained that the first new greenway now being planned will connect the City Market with Mill Mountain and the Blue Ridge Parkway Spur, thus, the City of Roanoke has more to gain from a successful greenways program than any of the other localities, and it is the City's opportunity to be a leader in this movement He called attention to the importance of a greenways coordinator who would be responsible for establishing public/private partnerships, obtaining funds, meeting with citizens, and insuring that the Valley'a commitment to greenways is carried out effectively and efficiently. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., spoke in support of including Roanoke City's share for a greenways coordinator in the fiscal year 1996-97 budget, which will provide young people, senior citizens, and all residents of the Roanoke Valley with a place to walk and recreate safely. She also advised that the local budget makes up the major difference between the City and State subsidy in operating costs for Valley Metro, and requested that the Board of Directors hold Valley Metro accountable with regard to expenditure of funds, and .encourage Valley Metro management to evaluate riderehip needs, hours of operation, provide new ridership package incentives to municipal and corporate businesses, and challenge Valley Metro to become self. sufficient by developing programs to increase riderehip. Richard S. Winstead, 1322 Watauga Street, S. W., Chairperson, Roanoke Neighborhood Partnership Steering Committee, advised that the Partnership administrative budget, including staff and all training expenses, has heretofore been funded by Federal Community Development Block Grant money, and for the first time, the proposed 1996-97 City budget includes administrative funds for the Partnership. On behalf of the Steering Committee, he expressed appreciation to the City Manager's budget team that helped to make the City's funding of the Partnership possible, and urged that Council adopt the proposed budget inasmuch as the document demonstrates the City's support of the Partnership and its work. Katherine R. Hale, 2505 Avenel Avenue, S. W., Executive Director, West End Center, expressed appreciation to the Office of Grants Compliance for its continued willingness to work with agencies applying for U. S. Depa,~,ent of Housing and Urban Development funding, and expressed appreciation to Council for its continued support of prevention planning for Rcanoke's youth. She advised that the West End Center and many other service agencies in the area are faced with an increasing number of special needs children who are emotionally disturbed, experience 475 attention deficit disorder, or ara Issming disabled and developmentally delayed, which needs raquira additional staff support and additional funds..She stated that the West End Center is overwhelmed by raferrals of these ch,ldran from the Depafb~ent of Social Services, Blue Ridge Community Services, Specialized Fsstar Care, and other day cars and after school programs that ara unable to serve their needs, and called attention to a partnership with Blue Ridge Community Services Day Traatment Center in order to better meet the ccc:Is of these childran. She also called attention to the needs of childran who do not racaive services through Medicaid, as well as the needs of over 100 childran who will be on a waiting list for enrollment at the West End Center at the end of May. She requested that the City think about its youth and their futura if a commitment is not made to spend mora funds to meet their needs. Peter W. White, 2615 Rosalind Avenue, S. W., raprssenting Neighbors of South Roanoke, advised that the City should consider forming partnerships to provide services to the general public as a means of saving taxpayers' money, such as partnerships dealing with rafuss collection. George A. Beck, Jr., 1545 Gordon Avenue, S. E., spoke in support of privatization of refuse collection, and called attention to problems that Roanoke County has experienced with the "one arm bandit" equipment. He questioned how i thera can be no increase in raal estate property taxes while property assessments continue to ,ncraass. Charles A. Hancock, t016 Estates Road, S. E., Member, Roanoke Neighborhood Partnership Steering Committee, spoke in support of automated or semi-automated rafuss collection, expansion of the E-9tl communications system, Emergency Medical Services programs, and the Rental Inspections Program. He also spoke in support of the work of the Roanoke Neighborhood Partnership and its staff. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., exprassed appraciation for the new vehicle towing ordinance enacted by Council and to City staff who work diligently to enforce ragulations. Melvin C. Anderson, 1515 Orange Avenue, N. W., member of the Roanoke Neighborhood Partnership Sf-,ering Committee, expressed support of the budget of the Partnership, and raferrad to past methods of rafuse collection. 476 Them being no other speakers, the Mayor declared the public hearing adjourned at 8:t5 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 477 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL Ii May 6, 1996 12:30 p.m. The regular meeting of the Council of the City of Roanoke wes called to order on Monday, May 6, t996, et t2:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Rea_ular Meetin_ae. of Section 2-t5, ~l]~t~9~,~]~ Code of the City of Roanoke (1979), as amended. PRESENT: Council Members vtrlllJam White, Sr., Linde F. Wyatt, Elizabeth T. Bowies (arrived at t2:40 p.m.), Wendell H. Butler, Delvis O. McCedden, John H. Parrott and Mayor David A. Bowers 7. ABSENT: None--- Om OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchis, Sr., Assistant City Manager; W'llbum C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. At t2:35 p.m., the Mayor declared the meeting in recess. At 12:40 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room 159, Municipal Building South, 2t5 Church Avenue, S. W., Roanoke, Virginia, wit~ Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL-NEIGHBORHOOD ORGANIZATIONS-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that the Council was pleased to meet with the Roanoke Neighborhood Partnership Steering Committee to discuss matters of mutual interest and concem to the City. The following members of the Roanoke Neighborhood Steering Committee and City staff were in attendance: Judy A. Bower, Lenora V. Williams, Louis E. Ellis, William E. Skeen, Richard S. Winstaad, Charles W. Hancock, Ronald H. Miller, Allen T. Wilson, David K. Lisk, Martin D. Jeffrey, Viola N. Campbell, Lular R. Lucky, John R. Marries and Madam K. Alam. Others present were Lewis W. Perry and Estelle H. McCadden. 478 Richard S. Wirmtead, Chairman, Roanoke Neighborhood Partnership Steering Committee, expressed appreciation to Council for meeting with the Steering I Committee, and called upon Mariam K. Alsm, Partnership Coordinator, for remarks on behalf of the Committee. (See remarks on file in the City Clerk's Office.) The Chairman called attention to three vacancies on the Steering Committee and requested that they be filled aa soon aa possible. Mr. Wilson requested that Council consider the appointment of a Council Member liaison to serve on the Steering Committee. Following remarks by Members of Council and other Members of the Steering Committee, the Mayor declared the meeting in recess at 1:45 p.m., to be reconvened at 2:00 p.m., in the City Council Chamber, fourth floor of the Municipal Building. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 1:45 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., the regular meeting of Council reconvened in the Roanoke City Council Chamber, f.o. urth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, w,th the following Council Members in attendance: PRESENT: Council Members William White, Sr., Linda F. Wyatt, Elizabeth T. Bowles, Wendell H. Butler, Delvls O. McCadden, John H. Pan'off and Mayor David A. Bowers 7. ABSENT: None a OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grlsso, 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. 479 PROCLAMATIONS-TOURISM: The Mayor presented s Ii Proclam. ation declaring May 4 - 19, 1996, as Virginia Heritage Tourism . Weeks ~n the City of Roanoke. (See Proclamation on file in the City Clerk's Office.) OATHS OF OFFICE-COMMITrEES-SCHOOLS: The Mayor advised that on July 1, 1996, there will be two vacancies on the Roanoke City School Board, created by expiration of the terms of office of Charles W. Day and Finn D. Pincus. 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 with the following persons on Thursday, April 25, 1996, at 6:00 p.m., in the City Council Chamber: Charles W. Day Martin D. Jeffrey James K. Lowe, Jr. Brian J. Wishneff Pursuant to Section 9-22, ~ of the Code of the City of Roanoke (1979), as amended, which provides that on or before May 15 of Council must an election to fill certain upcoming each. year, ~old vacanc:es on the Roanoke C,ty School Board, the Mayor opened the floor for nominations to fill the vacancies: Mr. White placed in nomination the names of Charles W. Day, Martin D. Jeffrey, James K. Lowe, Jr., and Brian J. Wishneff. There being no further nominations, the following vote was recorded: ACTION: FOR MR. DAY: Council Members White, Bowles, Butler and MayorBowsre 4. ACTION: FOR MR. JEFFREY: Council Members Wyatt and Butler 2. ACTION: FOR MR. LOWE: Council Members McCsdden and Parrott 2. ACTION: FOR MR. WISHNEFF: Council Members White, Wyatt, Bowies and Mayor Bowers 4. 48O ACTION: Based on the aboverecorded vote, the Mayor declared Charles W. Day and Brian J. Wishneff as Trustees of the Roanoke City School Board for terms of three years each commencing July 1, 1996, and ending June 30, 1999. 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 wes desired, that item would be removed from the Consent Agenda and considered separately; whereupon, Mr. McCadden requested that Item C-3, a communication from the Mayor requesting the support of Council in opposing cancellation of the connection from Roanoke to Clifton Forge for Amtrak service, be removed from the Consent Agenda for discussion as a separate item. The Mayor called specific attention to two requests for Executive Sessions to discuss a matter of probable litigation being a claim of the City for money owed to the City; and to discuss personnel mattore with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the regular meetings of Council held on Monday, February 5, 1996, and Tuesday, February 20, 1996, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) Mrs. Bowies moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Buffer, McCadden, Parrott 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, 481 commissions and committees appointed by the 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 the 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, Wyatt, Bowles, Butler, McCadden, Parrott and Mayor Bowers 7. NAYS: None 0. PURCHASE/SALE OF PROPERTY-CITY PROPERTY-HOUSING/ AUTHORITY-CHURCHES-STREETS AND ALLEYS: A report of the City Manager advising that completion of the Second Street/Gainsboro Road Project is anticipated to occur within the next 12 months; and upon completion of a project, or sooner, it is not uncommon for private property owners that ars adjacent to residue parcels of land owned by the City, as well as residual righte-of-way, to express interest in acquisition of these areas, which areas ars usually of such size or configuration that they ars of little or no value to the City, was before Council. It was further advised that early in the Second Stree'dGainsboro Road Project design process, First Baptist Church on North Jefferson Street expressed interest in acquiring the residual area between its property and the new roadway, which was supported and recommended by City staff; First Baptist Church is now interested in having the process initiated, and City staff will proceed with plat preparation and other necessary steps in the near future, after which Council will be requested to approve conveyance of the areas. (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: 482 ACTION: ACTION: AYES: Council Members White, Wyatt, Bowles, Butler, McCadden, Perrott and Mayor Bowers 7. NAYS: Non: 0. PURCHASE/SALE OF PROPERTY-TAXES-DEUNQUENT TAXES: A report of the City Attorney advising that on April 23, 1996, $28,092.56 was collected as a result of a suit instituted and pursued to collect delinquent real estate taxes from Stonehenge North, Inc., on property located at 2".~.". Clara Avenue, S. W., identified as Official Tax No. 5070307; and Stonehenge had not paid real estate taxes since acquisition of the property in October 1987, was before Council. He outlined the events in the City's eventually successful endeavor to sell the aboversfurenced real estate and to collect delinquent taxes. (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 wes seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Butler, McCadden, Parrott and Mayor Bowers 7. NAYS: None 0. OATHS OF OFFICE-COMMITTEES-MENTAL HEALTH SERVICES- BLUE RIDGE COMMUNITY SERVICES: A communication from Dr. Fred P. Rossssl, Jr., Executive Director, Blue Ridge Community Services, requesting that the City of Roanoke concur in the appointment of The Reverend William L. Lee, 4139 Appleton Avenue, N. W., as an at-large member of the Board of Directors, for a term ending December 31, 1998, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request. The motion was seconded by Mr. McCadden and adopted by the following vote: 483 AYES: Council Members White, Wyatt, ii McC.dden, P. rrott and M.yor Bowers Bowles, Butler, 7. NAYS: None 0. OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING DEPARTMENT-ROANOKE CIVIC CENTER: The following reports of qualification were before Council: Walter M. Fizer as a member of the Building Code Appeals Board, Building Construction Division (Volume I), for s term ending September 30, 1997; and M. R. Kahn as a member of the Roanoke Civic Center Commission, to fill the unexpired term of W. Alvin Hudson, resigned, ending September 30, 1996. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) ACTION: Mrs. Bowles moved that the reports of qualification be received and filed. The motion wes seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Butler, McCadden, Parrott and Mayor Bowers 7. NAYS: None 0. COUNCIL: A report of the City Attomey requesting that Council meet in Executive Session to discuss a matter of probable litigation being a claim of the City for money owed to the City, pursuant to Secfion 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.) ACTION: Mrs. Bowles moved that Council concur in the request of the City Attorney to convene in Executive Session to discuss a matter of probable litigation being a claim of the City for money owed to the City, 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: 484 ACTION: AYES: Council Members White, Wyatt, Bowles, Butier, McCadden, Parrott and Mayor Bowers 7. I NAYS: Nono 0. BUSES-LEGISLATION-AMTRAK: A communication from Mayor David A. Bowers requesting Council's support in opposing cancellation of the bus connection from Roanoke to Clifton Forge for Amtrak service, and that the matter be referred to the City Attomey for preparation of the proper measure requesting that Amtrak reinstate the service, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. McCadden stated that if a profit is not being realized, it would be understandable that Amtrak bus service would be discontinued and, therefore, the City should not oppose cancellation of bus service from Roanoke to Clifton Forge; whereupon, he moved that Council take no action. The Mayor ruled the motion out of order, i The Mayor then relinquished the Chair to the Vice-Mayor. Mayor Bowers moved that the communication be referred to the City Attomey for preparation of the proper measure. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, Butler, White and Mayor Bowers 1. NAYS: Council Members Wyatt, McCadden and Parrott 3. At this point, the Mayor took the Chair. HEARING OF CITIZENS UPON PUBLIC MATTERS: BUDGET-PENSIONS: Clarence R. Martin, President, Roanoke City Retirees Association, requested that City retirees be granted permanent pay increases as opposed to lump sum payments. 485 ACTION: Mr. Parrott moved that the remarks be received and filed and that the .matter be referred to 1996-97 budget study for discussion. The motion wes seconded by Mr. McCadden and adopted. OTHER HEARINGS OF CITIZENS: None. PETITIONS AND COMMUNICATIONS: BUDGET-STATE COMPENSATION BOARD-COMMONWEALTH'S ATTORNEY: A report of the Honorable Donald S. Caldwell, Commonwealth's Attomey, advising that the Commonwealth's Attorney's 1994-95 budget request which was submitted to the State Compensation Board did not include funding for data processing equipment; the State Compensation Board has approved the transfer of unexpended personnel funds totalling $27,549.00 for the purchase of data processing equipment; and the Commonwealth's Attorney's t995-96 budget as approved by Council did not provide funding for data processing equipment expenses, was before the body. The Commonwealth's Attorney recommended that Council accept data processing equipment funding, as follows: I! Appropriate the State Compensation Board approved funds, in the amount of $27,549.00, to the following accounts in the Commonwealth's Attorney's budget: Expendable Equipment (<$1,000.00), Account No. 001-026-2210-2035 $ 298.00 Furniture and Equipment (>$1,000.00), Account No. 001-026-2210-9005 27,251.00 Increase the revenue ssffmato for shared expenses, Commonwealth's Attorney, Account No. 001-020-1234- 0610, in the amount of $27,549.00. A report of the City Manager concurring in the recommendation of the Commonwealth's Attomey was also before Council. (For full text, see reports on file in the City Clerk's Office.) Dr. Buffer offered the following emergency budget ordinance: 486 ACTION: (ft32895-050696) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Gensml Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 313.) Dr. Butler moved the adoption of Ordinance No. 32895-050696. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Buffer, McCadden, Parmtt and Mayor Bowers 7. NAYS: Non-_. COMMISSIONER OF REVENUE-STATE COMPENSATION BOARD- CITY EMPLOYEES: A report of the Honorable Mareha Compton Fielder, Commissioner of the Revenue, advising that the Slate Compensation Board currently reimburses the City for one-half of State-approved staff salaries in the Office of the Commissioner of the Revenue, with each position having been assigned a certain grade and salary by the Compe. nsation Board for reimbursement purposes; staff in the Co..m, mleeioner of the Revenue's Office are also classified within the City s pay and classification plan and paid accordingly; and the City salary received by these employees exceeds the salary prescribed by the Compensation Board because of the failure of the State to substantially increase employee salaries in recent years. It was explained that a position in the Commissioner of the Revenue's Office was approved for reclassification by the State Compensation Board, which position was upgraded from a Deputy I to a Deputy III based on responsibilities and duties, resulting in an increase in the amount that will be reimbursed by the State. The Commissioner of the Revenue recommended that Council approve the reclassification according to the State Compensation Board's pay plan from a Deputy I to a Deputy III and accept additional reimbursement as provided by the reclassification. (For full text, see report on file in the City Clerk's Office.) '1 487 ACTION: Mr. McCadden offered the following resolution: (f~32896-050696) A RESOLUTION concurring in reclassification by the State Compensation Board of a position in the Office of Commissioner of the Revenue. (For full text of Resolution, see Resolution Book No. 58, page 314.) Mr. McCadden moved the adoption of Resolution No. 32896- 050696. The motion was seconded by Mr. Parrott and adoptad by the following vote: AYES: Council Members White, Wyatt, Bowies, Butler, McCadden, Parrott and Mayor Bowers 7. NAYS: Nons 0. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-INSURANCE-PERSONNEL DEPARTMENT: The City Manager submitted a written report advising that the City is entirely self-insured as to automobile liability and miscellaneous general liability claims; and pursuant to Section 2-181.1, Code of the City of Roanoke (1979), as amended, $250,000.00 is designated for self- insurance annually, if available, provided that the reserve for self- insured liabilities shall not exceed three per cent of the annual General Fund budget; as of June 30, 1995, the designated portion of the fund balance for self-insurance reserve totalled $2,216,770.00; and funding in the amount of $78,800.00 has bc.c."t budgeted to cover claims against the City. It was explained that projected expenditures for fiscal year t996 total $t95,196.83, which increased amount is based primarily on a single motor vehicle accident that cost $58,t 57.66 and on numerous 488 minor motor vehicle accidents which have occurred at a higher frequency than in the previous four ye. am; and the major accident I ($58,157.66) occurred when a City truck hit the 1-581 bridge over Orange Avenue. The City Manager recommended that Council authorize appropriation of $105,349.00 to Account No. 001-002-1262-2172 and $11,048.00 to Account No. 001-002-1262-2179 from the Self4nsured Reserve Fund. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency budget ordinance: (~32897-050696) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 315.) ACTION: Mrs. Bowies moved the adoption of Ordinance No. 32897-050696. The motion was seconded by Dr. ButJer and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Buffer, McCadden, Parrott and Mayor Bowers 7. NAYS: None BUDGET-PUBMC WORKS-CMERP-EQUIPMENT-STREETS AND ALLEYS: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need to replace one articulating rubber tired loader in the Street Maintenance Depa,;,,,ent; whereupon, the City Manager recommended that Council concur in the following actions: authorize issuance of a pumhase order to Baker Brothers, Inc., for one new rubber tired loader, at a cost of $80,890.00; 489 ACTION: transfer $80,890.00 from General Fund Capital Maintenance and Equipment Replacement Program to Fleet Management, Account No. 017-052-2642-9010; and reject all other bide received by the City. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (~32898-050696) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General and Fleet Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 316.) Me. Wyatt moved the adoption of Ordinance No. 32898-050696. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Butier, $. McCaddsn, and Mayor Bowers NAYS: None (Council Member Parrott abstained from voting.) ACTION: Ms. Wyatt offered the following resolution: (#32899.050696) A RESOLUTION accepting the bid for the purchase of a Rubber Tired Loader from Baker Brothers, Inc., upon certain terms and conditions; and rejecting all other bids made for such items. (For full text of Resolution, see Resolution Book No. 58, page 318.) Ms. Wyatt moved the adoption of Resolution No. 32899.050696. The motion was seconded by Mr. White and adopted by the following vote: 490 ACTION: AYES: Council Members White, Wyatt, Bowles, Butler, McCadden and Mayor Bowers ~-. NAYS: Nono 0. (Council Member Parrott abstained from voting.) PARKS AND RECREATION-YOUTH: The City Manager submitted a written report advising that the Northwest Recreation Club has requested permission to construct a permanent addition to an existing City-owned concession/storage building at Weetside ballfield behind the existing baseball backstop; and similar concession/storage facilities have been constructed and ars successfully operatad by other City recreation clubs, including Williamson Road (Brsckinridge Field), Southeast (Jackson Park), and Wilmont (Strauss Park) Recreation Clubs. It was explained that Council's authorization is required prior to allowing construction of a permanent building on City or School property; representatives of the Roanoke City Public Schools are aware of the request and ars in favor of the proposed addition to the existing building; and the Northwest Recreation Club has raised approximately $20,000.00 for material costa and received assurances for gratis construction assistance. The City Manager recommended that Council approve the request of the Northwest Recreation Club to construct a permanent addition to an existing City building at Weeteide ballfleld, subject to a written contract. (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: (#32900) AN ORDINANCE authorizing the City Manager to enter into an agreement authorizing the Northwest Recreation Club to construct a permanent addition to an existing structure at the Wsstaide ballfield, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 58, page 372.) 491 The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members White, Wyatt, BoWIes, Butler, McCadden, Parrott and Mayor Bowers... 7. NAYS: None. TRAFFIC-COMPLAINTS-NEIGHBORHOOD ORGANIZATIONS- STREETS AND ALLEYS: The City Manager submitted a written report advising that at a regular meeting of Council on Monday, April 15, 1996, E. Jeanette Manns, Co-Chairperson, Washington Park Neighborhood Alliance, addressed Council with regard to the need for sidewalks, curb and gutter, and a traffic signal at Tenth Street and Hunt Avenue, N. W.; in response, Council requested a report with regard to the City's priority list for traffic signals, the projected timetable for installation of the next five traffic signals included on the priority list, the status of the Tenth Street traffic signal, an updated Tenth Street traffic count, end the criteria used in determining whether a traffic signal is justified at a specific location; and Council further requested that representatives of the City meet with representatives of the Washington Park Neighborhood Alliance to explain the criteria for traffic signalization; whereupon, the City Manager submitted information with regard to the following: traffic signal criteria, results of previous studies at Tenth Street/Hunt Avenue, results of the new study at Tenth Strset/Hunt Avenue, and current ranking of intersections eligible for signalization. In summary, the City Manager explained that for the first time, the intersection of Tenth Street and Hunt Avenue, N. W., now meets the criteria for signalization; the intersection has now been ranked No. 9 out of the 23 intersections in Roanoke that meet the criteria for signalization; and funding to implement the proposed traffic signal will be subject to the next bond issue, or will be included in a proposed Tenth Street improvement project. (For full text, see report on file in the City Clerk's Office.) 492 E. Jeannette Manns, 1826 Tenth Street, N. W., Co-Chair, Washington. Park Neighborhood Alliance, expressed concern that a traffic light Is needed on Tenth Street now for the safety of persons living in the area. The Reverend Clinton D. Scott, t317 Tenth Street, N. W., Co- Chair, Washington Park Neighborhood Alliance, advised that Tenth Street residents were told that they could expect a traffic light on Tenth Street if they were willing to have Tenth Street widened. Mrs. Margaret L. Scott, 1317 Tenth Street, N. W., called attention to heavy vehicular and pedestrian traffic on Tenth Street, and stated that residents am concerned about the widening of Tenth Street, but the traffic light is needed whether the street is widened or not. She called attention to the need for curb and gutter in the area of Tenth Street where the Habitat for Humanity houses ars to be constructed. On behalf of the Council, the Mayor requested that the matter be given immediate attention by the City Manager and that a plan of action be submitted to Council for approval. The Reverend Leonard L. Hines, 3819 Rolling Hills Ave..n. ue, N. W., called attention to unrest !.n. the City of Roanoke, because citizens feel that when they have a leg,timate complaint, they are quoted rules and regulations, and they are referred to one City department after another which leads to frustration. He stated that if Council does not begin to address the fears and concerns of its citizens, there will be problems in the City of Roanoke. Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that citizens are experiencing frustration and confusion because they ars given conflicting information by City staff. The City Manager stressed the following points: (1) Considerable discussion has taken place with regard to how the Tenth Street traffic light scores against all other traffic lights ranked No. 9 on the priority list, and advised that the Tenth Street light ranks No. 5 because funding has already been approved for three lights and a fourth traffic light is to be financed from bond funds. (2) Council has directed that City staff hold a series of meetings to address many interests along the Tenth Street corridor in an effort to deal with the facts. (3) The safety of pedestrians and vehicular traffic on Tenth Street is of prime concern to i 493 the City. He advised that beginning early this summer, discussions will I take place with .r~. ard to .~..e City's Capital Imp. rovemente P .r~g..m.m and the Tenth Street ,ssue w~ll be measured aga,nst other capital ~ssues facing the City. He explained that Council has long acknowledged that traffic is growing in the area of the Tenth Street corridor, and any development that takes place through the area will receive Stata funding at 98 per cent. ACTION: Without objection by Council, the Mayor advised that the report of the City Manager would be received and filed. TRAFFIC-COMPLAINTS-NEIGHBORHOOD ORGANIZATIONS- STREETS AND ALLEYS: The City Manager submitted a written report advising that a petition signed by approximately 1,067 persons requesting installation of a traffic light at the intareection of Hollins Road and Liberty Road, N. E., was presented to Council at its regular meeting on Monday, March t8, 1996; and in response to similar requests in 1989, t991, and 1996, traffic signalizations were conducted at the intersection, and each of the studies of the intersection met the warrants for a new traffic signal, but the ranking of this intersection, among a list of other warranted traffic signals, was consistently in the i lower half of the list. It was further advised that in response to the request of Council, a new study of the intersection at Hollins Road and Liberty Road, N. E., was completed on Tuesday, April 2, 1996, and the study which recorded ail vehicle maneuvers and pedestrian crossings at the intersection between 7:00 a.m. and 7:00 p.m., and again met the warrants for signalization; however, it should be noted that the warrant for traffic accidents was not met. The City Manager explained that the intersection should continue to be considered for future funding for signalization; widening of Hollins Road on both approaches to Liberty Road will be necessary to create left-turn storage lanes, which will likely result in a cost in excess of the average $100,000.00 needed for signalization; and funding to implement the proposed traffic signal will be subject to the next bond issue. (For full text, see report on file in the City Clerk's Office.) ACTION: Without objection by Council, the Mayor advised that the report would be received and filed. 494 ACTS OF ACKNOWLEDGEMENT-CITY TREASURER: Mr. INhite offered the following resolution recognizing the meritorious servi.c.e ii rendered to this City and its people by Gordon E. Peters, City Treasurer: (#32894-050696) A RESOLUTION recognizing the meritorious service rendered to this City and its people by Gordon E. Peters, City Treasurer. ACTION: (For full text of Resolution, see Resolution Book No. 58, page 312.) Mr. White moved the adoption of Resolution No. 32894-050696. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Butler, McCadden, Parrott and Mayor Bowers 7. NAYS: None The Mayor presented a ceremonial copy of the abovereferenced measure to Mr. Peters and a "Crystal Star", which is symbolic of the star on Mill Mountain, to Mrs. Peters. 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. BUDGET-TRAFFIC-SEWERS AND STORM DRAINS-STATE HIGHWAYS-CAPITAL IMPROVEMENTS PROGRAM-UTILITiES-WATER RESOURCES-STREETS AND ALLEYS: The City Manager submitted a written report with regard to Brandon Avenue widening from Edgewood Street, S. W., to the City's west corporate limits, advising that the project, which is consistent with the 1995-20t5 Roanoke Valley Area Long Range Transportation Plan, was subsequently included in the Virginia Department of Transportation's Six-Year Highway Improvement Program; and the purpose of the project is to relieve existing traffic congestion on Brandon Avenue between Edgewood Street and the wast corporate limits, which will accommodate anticipated traffic that will be generated by the proposed Peters Creek Road Extension project that will intersect Brandon Avenue at Aerial Way Drive. 495 It wes further advised that the proposed design of the project I consists of five lanes along the 1.4 mile routs, two in each direction with a continuous left torn lane in the center of the roadway; concrete curb and gutter and sidewalk will be constructed along both sides of the entire routs, with landscaping; and at its meeting on Monday, October 11, 1993, Council approved the location and major design featores of the project. It wes explained that bids for project construction were received by the Virginia Depa,'b~4nt of Transportation on March 26, 1996; on April 18, 1996, the Commonwealth Transportation Board awarded a contract to Branch Highways, Inc., in the amount of $5,671,238.07; the City needs to execute a City-Stats Agreement before VDOT will allow Branch Highweys to begin construction, with the City's share totalling $439,045.55, of which, to date, the City has paid $34,637.72 for preliminary engineering and right-of-way costs incurred through February 29, 1996, leaving a balance of $404,407.83 needed for the City"s share of the remaining costs. The City Manager advised that included in the project is additional replacement and upgrade of existing water lines that would not ordinarily have been done as part of the roadway projec.t; the I betterment portion of the improvements will be at City expense, the in. amount of $263,782.18, from Water Fund Previous Years' Retained Earnings, $3,767.72 is needed from Sewage Fund Previous Years' Retained Earnings for items related to sanitary sewer adjustments, and an additional $15,000.00 is needed for separate purchase of three new traffic signal controllers and cabinets which will meet specialized City standards to be located at the intsreections on Brandon Avenue at Edgewood Street, Petare Creek Road Extonsion, and the main entrance to the former Lee-Hi Shopping Center; and an additional $5,000.00 is needed for street lighting at the project's connection to Peters Creek Road Extension. The City Manager recommended that Council concur in the following actions: authorize the City Manager to execute, on behalf of the City, a City/Stata Agreement, in a form to be approved by the City Attorney; 496 ACTION: authorize the City Manager to execute, on behalf of the City, all utility agreemen? for adjustment of water and i sewer facilities for the proJect; appropriate $156,857.93 currently available in the Transfers to Capital, Account No. 001-004-9310-9508, to Brandon Avenue Widening, Account No. 008-052-9604- 9003; and appropriate $263,782.18 from Water Fund Previous Years' Retained Earnings and $3,767.72 from Sewage Fund Previous Years' Retained Earnings to accounts to be established in those funds 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: (~32901-050696) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects, Water and Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 318.) Mr. Parrott moved the adoption of Ordinance No. 32901-050696. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Butler, McCadden, Parrott and Mayor Bowers 7. NAYS: None 0. Mr. Parrott offered the following emergency ordinance: (#32902-050696) AN ORDINANCE authorizing the City Manager to enter into an agre. ement with the Virginia Department of Transportation for the w, dening of Brandon Avenue from Edgewood Street to the west corporate limits, and to execute all utility agreements for adjustment of water and sewer facilities in connection with the project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 320.) 497 ACTION: Mr. Parrott moved the adoption of Ordinance No. 329024)50696. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Butler, McCadden, Parrott and Mayor Bowers 7. NAYS: None 0. BUDGET-HEALTH DEPARTMENT-PARKS AND RECREATION- FIRE DEPARTMENT-PUBLIC 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 various operational needs for various City departments, as follows: Funds designated from Prior Year Capital Maintenance and Equipment Replacement Program. I Library Study Comprehensive (City's Share) $ 15,000.00 Funds designated from Current Year Capital Maintenance and Equipment Replacement Program. Parks and Recreation replace/upgrade fencing and backstops in parks system 25,000.00 2 - landscape trailers 3,450.00 32 - outdoor deck chairs and 30 outdoor lounge chairs for City pools 7,281.00 playground equipment for Eureka Park t4,792.00 playground supplies and materials for Eureka Park 10,32t.00 498 ornamental iron fencing for Highland Park folding tables for recreation centers 3 - semi-automatic defibrillators 3 - non-evasive BP monitors EMS training equipment/suppliss 2 - Opticon Units for ambulances Roanoke City Health DeDarlment dental unit including chair and lights projects to bring facility into compliance $22,800.00 4,472.00 21,000.00 9,000.00 7,000.00 3,200.00 9,558.00 with City Code Funds designated from Prior Year Retained Earnings AccounL 3 - utility bodies to be mounted on existing cab/chassis Total $184.331.00 The City Manager recommended that Council appropriate $184,331.00, as follows: $15,000.00 from Prior Year General Fund Capital Maintenance and Equipment Replacement Program to Library Account No. 001-054-7310-2010; $t62,081.00 from General Fund Capital Maintenance and Equipment Replacement Program, as follows: 24,507.00 499 $57,821.00 to Parks and Recreation, Account No. 001-052-4340-9065; $t8,242.00 to Parks and Recreation Account No. 001-052-1340-9015; $11,753.00 to Parks and Recreation Account No. 001-052-7110-2035; $40,200.00 to Fire/EMS Account No. 00t-050- 3213-9015; $9,558.00 to Roanoke City Health Depa~l,~ent Account No. 001.054-5110-9005; $24,507.00 to Parking Garage Account No. 007.056-8220-2050; and $7,250.00 from Utility Line Services Prior Year Retained Earnings Account to Account No. 016-056-2625-9015. i (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency budget ordinance: (~32903-050696) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General, Transportation, and Utility Line Services Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 321.) ACTION: Mrs. Bowies moved the adoption of Ordinance No. 329034)50696. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Butler, McCadden, Parrott and Mayor Bowers 7. NAYS: None 0. 500 BUDGET-PARKS AND RECREATION-PUBLIC WORKS-CMERP- FLEE.T. MAINTENANCE FUND-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need for replacement of mowing tractors in the City's Parks/Grounds Department; whereupon, the City Manager recommended that Council concur in the following actions: authorize the pumhaee of two new 16-foot rotary mowers from Virginia Turf and Irrigation Co., at a total cost of $102,840.00; transfer $t00,000.00 from General Fund Capital Maintenance and Equipment Replacement Program to Fleet Management, Account No. 017-052-2641-9015; transfer $2,840.00 to Fleet Management, Account No. 017- 052-2641-9015, which is currently available in Parks/ Grounds, Account No. 001-052-4340-9015; and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: ACTION: (#32904-050696) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General and Fleet Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 323.) Mr. McCadden moved the adoption of Ordinance No. 32904- 050696. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Butler, McCadden, Parrott and Mayor Bowers 7. NAYS: None 501 Mr. McCadden offered the following resolution: (//329054)50696) A RESOLUTION accepting the bid for the purchase of two new 16 foot rotary mowers from Virginia Turf and Irrigation Company, upon certain terms and conditions; and rejecting all other bids made for such items. (For full text of Resolution, see Resolution Book No. 58, page 325.) ACTION: Mr. McCaddsn moved the adoption of Resolution No. 32905- 050696. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Buffer, McCadden, Parrott and Mayor Bowers 7. NAYS: None 0. CITY CODE-CITY EMPLOYEES-LIBRARIES: The City Manager submitted a written report advising that Chapter 2, Section 2-45, Leave of absence for educational _Dro_,rams. Code of the City of Roanoke (1979), as amended, provides that leave of absence, not to exceed .t. 2 i consecutive months fur educational purposes, may be granted to.a. C~ty employes, upon approval by the City Manager and City Counc;I; the employee granted such leave of absence shall be compensated in an amount not excccding 50 per cent of the rate of compensation received by the employes at the commencement of the leave; the employee shall agree to remain in the employment of the City for a period of three consecutive years following termination of the leave; and as many as two employees of the City may be granted or be on educational leave at any one time, provided that the employees shall not be in the same directorate. Itwes explained that the City Library has an employee, Carla L. James, who is requesting educational leave for the purpose of obtaining a Master's Degree in Library and Information Science from the University of North Carolina at Greensboro. 5O2 ACTION: The City Manager recommended that Council approve a leave of absence for educational purposes for Carla L. James, Library Associate, and that he be authorized to enter into a written agreement establishing the terms and conditions of educational leave with Ms. James. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (#32906-050696) A RESOLUTION approving the granting of a leave of absence for educational purposes to Carla L James, an employee of the City Library. (For full text of Resolution, see Resolution Book No. 58, page 326.) Ms. Wyatt moved the adoption of Resolution No. 32906-050696. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members White, wyatt, Bowies, Buffer, McCadden, Parrott and Mayor Bowers 7. NAYS: None 0. HUMAN DEVELOPMENT-COMMITTEES-TOTAL ACTION AGAINST POVERTY-HUMAN RESOURCES COMMITTEE: The City Manager submitted a written report advising that Total Action Against Poverty (TAP) has received funding from the City of Roanoke since 1974; until fiscal year 1986-87, funding for the agency was included in the annual recommendation to Council by the Citizens Services Committee; in 1987, TAP was removed from the Citizens Services Committee category and began submitting its budgets directly to the City Manager for recommendation to Council; and during fiscal year 1995-96, Council approved the reformatting of the Citizens Services Committee into two committees to review funding requests from cultural and human service agencies. It was further advised that the Director of Human Development and representatives of Total Action Against Poverty met to develop proposed program services to be provided by TAP on behalf of the City, which will include the following categories: food and nutrition, community development, education and employment, Transitional 503 Living Center, offender services, and Women's Resource Center; performance m. sss.ures were developed for goals end objectives of the proposed ssrv,ces ,ncluded in the contract; and performance measures will be evaluated te assure delivery of esrvices to Roanoke City citizens on a monthly, quarterly or annual basis depending on the particular activity. The City Manager recommended that he, or his designee, be authorized to enter into a contract with Total Action Against Poverty to provide services described in the contract, subject to availability of funding in the City's fiscal year 1996-97 operating budget. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (~32907-050696) A RESOLUTION authorizing the City Manager to enter into a contract with Total Action Against Poverty (TAP), to provide certain program services for the City, upon certain terms and conditions. i, (For full text of Resolution, see Resolution Book No. 58, page 326.) _ ACTION: Mr. Wh,te moved the adoption of Resolution No. 32907-050696. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Butler, Parrott and Mayor Bowers 6. NAYS: None 0. (Council Member McCadden was out of the Council Chamber.) Theodore J. Edlich, III, Executive Director, Total Action Against Poverty expressed appreciation for the City's supporL DIRECTOR OF FINANCE: 5O4 ACTION: DIRECTOR OF FINANCE.AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of ~[ Roanoke for the month of Mamh 1996. (For tull text, see Financial Report on fils in the City Clerk's Office.) Without objection by Council, the Mayor advised that the Financial Report would be received and filed. CITY CODE-CONSULTANTS REPORTS-PENSIONS-CITY EMPLOYEES-FIRE DEPARTMENT: The Chairperson and Secretsry- Trsssursr, Board of Trustees, City of Roanoke Pension Plan, submitted a joint written report advising that on Monday, March 4, 1996, Council referred to the Board of Trustees of the City of Roanoke Pension Plan a request of the Roanoke Firefighters Association to review actuarial assumptions and pension benefits for members of the Pension Plan, the matter was before the body. It was explained that on April 10, 1996, the City's actuary presented to the Board a five-year demographic experience review for the period ending June 30, 1995, which included categories on Terminations, Deaths, Disabilities, and Early/Normal Retirements and how actual occurrences of the events compare to the assumptions i used; and following consideration of the actual studies, the Board of Trustees unanimously approved the following actions: a change in the interest rate assumption from 7.5 per cent to 7.75 per cent; a change in the salary scale assumption from 6.5 per cent to 5.75 per cent; and demographic experience review recommendations as presented by the actuary. It was turther advised that the above actuarial assumptions will decrease the payroll contribution rate by t.1 per cent to provide an estimated $627,000.00 in annual savings; and the comprehensive study disclosed that in some areas of plan design, the City is more conservative than the Stetewide average, therefore, the Board of Trustees unanimously recommends the following amendments to the Roanoke City Code: 505 if the spouse predeceases the retiree, the retiree's pension allowance shall be increased by the dollar amount reduced at their- retirement; continue the spousal benefit after remarriage until death in both retirement systems; change the definition of the average final compensation to the highest consscutive 36 months or highest consecutive three yoare; and increase the percentage of unused extended illness leave balance that employees may convert to creditable service for retirement calculation from 60 per cent to 75 per cent (not to exceed one additional year of creditable service with a maximum benefit of 60 per cent of their average final compensation). It was explained that the net change in the payroll contribution rate is estimated to equal .87 per cent, or $495,900.00, in annual savings, effective July 1, 1997, to be utilized as recommended by the City Admin?tration .a. nd approved by Council; the Board. of Trustees I considerable time the significant financial to spent reviewing !mpact the Pension Trust Fund related to permanent cost of living adjustments (COLA) for retired members; however, the Board strongly recommends that any future retirement COLA increases be approved on a yearly basis, and future increases provided should be based on the current year investment performance above the new actuarial assumed rate of 7.75 per cent and a positive trend between actuarial occurrences and actuarial assumptions. The Chairperson and the Secretary-Treasurer, Board of Trusta~m, City of Roanoke Pension Plan, endorsed adoption of an ordinance providing for the abovedoscribed recommendations. (For full text, see joint report on file in the City Clerk's Office.) Dr. Butler offered the following emergency ordinance: (~32908-050696) AN ORDINANCE to amend §22.1-2, §22.1-39, Definitions. §22.1-49, O_utional s_Dousal allowance. §22.1-67, ODtional or modified retirement allowance, and §22.1-68, Pensions to spouses of retired members or members elio_ible to retire. Code of the 506 ACTION: City ,.o.f Roanoke (t979), as amended, to a.m. end the definition of "crad,table service", to amend the definition of "average final compensation" for purposes of the Employees' Supplemental Retirement System (ESRS), to provide for restoration of · member's retirement allowance under ESRS if such member's spouse predeceases him or her after the member has selected an optional spousal allowance and to delete the provision of ESRS that terminates a spousal allowance upon remarriage of a spouse, to provide for restoration of a member's modified retirement allowance under the Employees' Retirement System (ERS) if such member's beneficiary predeceases him or her after the member has selected a modified retirement allowance and to provide that a spousal benefit upon the death of a member of ERS shall continue for the life of the surviving spouse; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 327.) Dr. Butler moved the adoption of Ordinance No. 32908-050696. The motion was seconded by Mr. Parrott Richard B. Server, President, Roanoke Firefightore Association, appeared before Council and advised that at the March.4., 1996 Council I meeting, he presented an actuarial review of the C,ty of Roanoke Pension Plan and suggestad two actuarial assumptions, which, if adopted, would have provided a larger surplus of assets to the City that could conceivably be used for benefits for City employees. He pointmJ out that the Pension Plan Board of Trustees adopted the salary scale assumption in its entirety; however, the interest rate assumption was partially adopted which provides an estimated $62/,000.00 in annual savings. Also, at the March 4 meeting, he noted that four alternatives were presented for use of the assets which would enhance the City's Pension Plan and only one of the four alternatives is referred to in the report of the Board of Trustees. He advised that the March 4 requests presented by the Roanoke Firefighters Association are legitimate and well within the City's ability to grant, and urged that Council instruct the Pension Plan Board of Trustees to again review the four alternatives and report to Council at its next meeting. Mr. Sarver reviewed the following four alternatives: (1) a four per cent cost of living adjustment added to the retirement benefit for all future retirees; I 507 (2) unreduced joint and 50 per cent survivor annuity for future ESRS retirees who are married for one year on the date of retirement; (3) increase ESRS benefit accrual rate from 2.0 per cent to 2.4 per cent of final average compensation for police and firefightere and from 2.0 per cent to 2Y, per cent for general employees; and (4) reduction of ESRS normal retirement age to 65 with five years of service or (1) 25 years of service for police and firefightere and (2) 30 years of service for general employees. Mr. Sarver reviewed a recommendation which wes presented to the Pension Plan Board of Trustees in connection with a deferred compensation plan for City employees. He explained that the City currently offers a deferred compensation plan (ICMA) to employees as an additional option to save pre-tax dollars toward future retirement, and the City presently pr.o.v, idee a .c. ontrib.ution of approximately $61,000.00 for 12 ,ts Council Appo,nted and per year Cons?.tutional Officers; however, no contribution is made on behalf of any of ,ts other employees to the deferred compensation plan. He requested that Council consider using the savings from the recommended reduced payroll contribution rate to match contributions to the City's deferred compensation plan for all participating City employees with three or more years of service in a permanent full-time position, which contribution would be based on the recommended payroll contribution rate each year and the applicable retirement system. For example: If the City's total contribution rate is: The City will match: under 11 per cent under t2 per cent under 13 per cent under 14 per cent 14 per cent and higher $20.00 per pay day $15.00 per pay day $10.00 per pay day $ 5.00 per pay day $0 per pay day 508 Mr..G. risso advised that the Board of Trustees considered all of the alternatives presented by the Roanoke Fireflghtere Association, and the Board wont on record not to recommend · permanent coat of living increase that would occur every year for retirees because regular City employees cannot be guarenbmd a raise every year; and with regard to an unreduced joint survivor benefit, the Board of Trustees took no action because it questioned why a married employee should be entitled to a greater benefit than a single employee. With regard to Alternatives 3 and 4, he pointed out that the City of Roanoke offers a competitive retirement benefit for its general employees and its public safety employees, and he was not aware of another retirement system in the Commonwealth of Virginia that exceeds the City's Retirement System. He advised that eliminating the age restriction end allowing employees to retire when they have 30 years of service would be a costly provision, and pointed out that under the current retirement system, public safety employees may reetire when they reach 50 years of age and general employees may retire with 30 years of service and age 55. With regard to deferred compensation plan contributions by the City for its employees, he stated that the Board of Trustees considered the matter to be a fringe benefit, and because there is a savings recommended in the changing of actuarial assumptions, it was the consensus that the suggestion should be considered with other City priorities, therefore, the Board of Trustees did not submit a recommendation. At this point, 5:00 p.m., Mr. McCadden returned to the meeting. Ordinance No. 32908-050696 was adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Butler, Parrott and Mayor Bowors I~. NAYS: None (Council Member McCadden abstained from voting.) Ms. Wyatt moved that the four alternatives as set forth by Mr. Server, on behalf of the Roanoke Firefighters Association, be referred to the Board of Trustees, City of Roanoke Pension Plan, for study and report to Council. The motion failed for lack of a second. 509 ACTION: With the concurrence of Council, the Mayor advised that the proposal presented by the .Roanoke Fi.m. fio.h, ters Associa.o. with regard to deferred compensation plan contributions for City employees would be referred to the City Manager for study, report and recommendation to Council. REPORTS OF COMMITTEES: EASEMENTS-PUBLIC WORKS-CONSULTANTS REPORTS- WATER RESOURCES: Vice-Mayor 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 the Biological Aerated Filter (BAF) Treatment System Water Pollution Control Plant Expansion and Upgrade Project, advising that Malcolm Pirnie, Inc., reviewed the bids and the specifications and information submitted by Infilco ..Deg.mmont, .Inc., and Krueger, Inc., and recommended that the C,ty reject all b,ds, that procurement documents be modified to clariflj specified requirements, and that the project be readvertised for bids. The Bid Committee recommended that the City reject all bide, the reason for which is the unique nature of the BAF system technology and to allow procurement document specifications to be modified to fuf~;,er clarify specified requirements for the system so that all potential bidders will have the opportunity to bid on system requirements recommended by the City's consultant, Malcolm-Pimie, Inc.; and that Malcolm-Pimie be instructed to revise contract documents and readverflse the project as soon as possible to include the following: spacity the maximum loading par square foot parmitted on the BAF system; and permit a reasonable variation in the size of the BAF system footprint at the site. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) 510 ACTION: Mr. Parrott offered the following resolution: (#32909-050696) A RESOLUTION rejecting all bids for the L Biological Aerated Filter Treatment System for the expansion and upgrade of the Water Pollution Control Plant Project. (For full text of Resolution, see Resolution Book No. 58, page 331.) Mr. Parrott moved the adoption of Resolution No. 32909,050696. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Butler, McCadden, Parrott and Mayor Boware 7. NAYS: None 0. BUDGET-TRAFFIC-STREETS AND ALLEYS: Vice-Mayor 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 paving and profiling of various streets within the City, recommending that Council approve the following actions: award a contract to Adams Construction Co., at a cost of $1,379,883.00, and establish a contingency, in the amount of $29,000.00, for a total cost of $1,408,883.00, in a form acceptable to the Director of Finance; appropriate $383,097.00 in Capital Maintenance and Equipment Replacement Program funding to Street Paving, Account No. 001-052-~,120-2010; and reject all other bids received by the City. The City Manager submitted a written report advising that the 37,410 tons of asphalt will pave approximately 67 lane miles; the average number of lane miles paved during a ten-year period is 66.2, which is greatar than the 57 lane-miles desired each year; whereupon, the City Manager recommended that Council concur in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Ii, 511 Mr. Parrott offered the following emergency budget ordinance: (#32910-050696) AN ORDINANCE to amend end reordain certain ACTION: sections of the 1995-96 General Fund Appropriations, and providing fur an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 331.) Mr. Parrott moved the adoption of Ordinance No. 32910-050696. The motion was seconded by Mr. White and adopted by the following vote: Parrott and Mayor Bowers NAYS: None (Council Member Wyatt was out of the Council Chamber.) Mr. Parrott offered the following emergency ordinance: AYES: Council Members White, Bowles, Butler, McCadden, NAYS: None .0. (Council Member Wyatt was out of the Council Chamber.) AYES: Council Members White, Bowles, Butler, McCadden, Parrott and Mayor Bowers 6. Mr. Parrott moved the adoption of Ordinance No. 32911-050696. The motion was seconded by Mr. White and adopted by the following vote: ACTION: (For full text of Ordinance, see Ordinance Book No. 58, page 332.) authorizing the proper City officials to execute the requisite contract fur such work; rejecting all other bids made to the City fur the work; and providing for the emergency. (#3.2.911-050696) AN. ORDINANCE. accepting the bid of Adams I Construction Co., for pav,ng and profiling various streets, upon .of certain terms and conditions, and awarding a contract therefor; 512 EASEMENTS-DONATIONS/CONTRIBUTIONS-PUBLIC WORKS- WATER RESOURCES-VALLEY VIEW MALL: Council Me.m?er [ Elizabeth T. Bowies, Chairperson of the Water Resources Comm,ttss, _ ~ presented a written report on behalf of the Committee, with regard to dedication to the City of Roanoke of a water line easement crossing property of Sears, Roebuck & Co., Valley View Associates Limited Partnership, Noro-Valley View Associates, Ltd., and Wal-Mart Stores, Inc. ACTION: A staff report advised that development of commercial property adjacent to Valley View Mall by Wal-Mart Stores, Inc., resulted in the private construction of a water line to serve the property; construction of the water line is complete, and the property owner now wishes to dedicate the water line and easement to the City of Roanoke; and Wal- Mart Stores, Inc., has requested that the City accept the donation of the water line and easement serving its property. The Water Resources Committee recommended that Council authorize the appropriate City officials to accept the donation of the water line and easement, in a form acceptable to the City Attomey. (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: (~32912) AN ORDINANCE authorizing acceptance of the dedication of a certain waterline easement across property located at or near Valley View Mall in the City of Roanoke, and owned by Sears, Roebuck and Co.; Valley View Associates Limited Partnership; Noro Valley View Associates, Ltd.; and Wal-Mart Stores, Inc., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 58, page 374.) The motion was seconded by Mr. McCadden and adopted by the following vote: 513 ACTION: AYES: Council Members Wyatt, Bowies, Butler, McCadden, Parrott and Mayor Bowers 6. NAYS: Nono .... (Council Member White wes out of the Council Chamber.) EASEMENTS-APPALACHIAN POWER COMPANY-CITY PROPERTY-JUVENILE CORRECTIONAl FACILITIES-UTIUTIES-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 an easement on City-owned property at Coyner Springs for Appalachian Power Company. A staff report advised that development of a new subdivision off Virginia Route 660 in the Coyner Springs area requires upgrading and relocation of Appalachian Power Company (APCO) facilities; existing facilities scheduled to be replaced are located on City-owned property, and the proposed relocation of these facilities would be closer to Virginia Route 660, but would still be on City-owned property; replacement of existing facilities is needed in order to continue to provide reliable service in the area; and an easement across City- owned property has been requested by APCO. The Water Resources Committee recommended that Council authorize execution of the appropriate document granting a new eesement across City-owned property to Appalachian Power Company and abandoning unused portions of the existing easement, in accordance with conditions as set forth in the above staff report. (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowles moved that the following ordinance be placed upon its first reading: (#32913) AN ORDINANCE authorizing the dedication ora certain public utility easement to Appalachian Power Company, and the vacation by Appalachian Power Company of certain portions of an existing public utility easement across City-owned property located at Coyner Springs, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 58, page 375.) 514 The motion wes seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Butler, McCadden, Parrott and Mayor Bowers 6. NAYS: Non.- 0. (Council Member White was out of the Council Chamber.) PARKS AND RECREATION-CITY PROPERTY-LEASES-BLUE RIDGE PUBLIC TELEVISION-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 with Blue Ridge Public Television. A staff report advised that the lease with Blue Ridge E.T.V. Association for approximately five acres of City-owned property located adjacent to Virginia Wsstem Community College in Fishbum Park was authorized in t966, pursuant to Ordinance No. 17107; and Blue Ridge E.T.V. Association has operated a broadcasting studio at the location since that time; the lease is ~r property donal~J to the City for park purposes by the Fishbum fam,ly; therefore, consent of the ~ Fishbum family to lease the property is required; the lease was ._1~ extended for an additional ten-year period, pursuant to Ordinance No. 27985 in 1986; Blue Ridge E.T.V. Association is now known as Blue Ridge Public Television; the current lease expired on April 14, 1996, and Blue Ridge Public Television has requested a new lease providing for the same terms and conditions as the current lease. The Water Resources Committee recommended that Council authorize execution of a new lease with Blue Ridge Public Television for approximately five acres of City-owned property in Fishbum Park, in a form to be approved by the City Attorney, provided that the consent of the Fishbum heirs is obtained, in accordance with conditions stated in the staff report, with the term of the lease to be for five years, at a rate of $1.00 per year, and Blue Ridge Public Television has agreed to acknowledge the fair market rental value of the property ($6,000.00 per month) as a contribution. (For full text, see reports on file in the City Clerk's Office.) 515 Ii ACTION: . Mrs. Bowiss moved that the following ordinance be placed upon its first reading: (~32914) AN ORDINANCE authorizing and providing for the lease by the City of five acres of City-owned property in Fishbum Park (the "Property") to Blue Ridge Public Television, subject to certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 58, page 375.) The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowles, Butler, McCadden, Parrott and Mayor Bowers ........... 6. NAYS: None ..... 0. (Council Member White was out of the Council Chamber.) SEWERS AND STORM DRAINS-EASEMENTS-CONDEMNATION PROCEEDINGS-BONDS/BOND ISSUES-CAPITAL IMPROVEMENTS PROGRAM-STREETS AND ALLEYS-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 land acquisition for a storm drainage project in Villa Heights, N.W. A staff report advised that drainage complaints of standing water located behind homes on Massachusetts Avenue, N. W., have been received by the Engineering Depe,;,,,ent since the early 1980'a; a storm drain plan, estimated to cost $36,000.00, to correct the standing water has been developed and was reviewed with the Melrose-Rugby Neighborhood Organization at its meeting on March 12, 1996; and membership of the Melrose-Rugby Neighborhood Association supports implementation of the storm drain plan. It was explained that property rights needed to be acquired are temporary construction easements and permanent storm drainage easements from four parcels; authorization is needed to begin title work, appraisals, negotiations, and closings for acquisition of property 516 ACTION: rights; end all property rights will be acquired by negotiation where possible; however, it may be necessary to condemn property interest where agreement cannot be reached by negotiation or where property owners are unknown. The Water Resources Committee recommended that Council authorize acquisition of permanent storm drainage easements and temporary construction easements, as required, across properties identified in the staff report by making offers based on City records, or individual appraisals, and institute condemnation proceedings as necessary for the storm drainage project; and ~,dnsfer $40,000.00 from the 1992 General Obligation Bond proceeds account, Storm Drains, Account No. 008-052-9701-9176, to a new Capital Projects Fund account to be established by the Director of Finance entitled, "Storm Drainage Project for Villa Heights, N. W." (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (~32915-050696) AN ORDINANCE to amend end reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 333.) Mrs. Bowies moved the adoption of Ordinance No. 32915-050696. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Wyatt, Bowies, Butler, McCadden, Parrott and Mayor Bowers 6. NAYS: None 0. (Council Member White was out of the Council Chamber.) Mrs. Bowles offered the following emergency ordinance: (#32916-050696) AN ORDINANCE providing for the acquisition of property rights needed by the City for the construction of the Villa Heights Storm Drainage Project; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for 517 the C~ty's. acquisition of such p.ro. perty rig.h..te by condemnation, under certain c,rcu.mstencss; authonzlng 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. 58, page 334.) ACTION: Mrs. Bowies moved the adoption of Ordinance No. 329164)50696. The motion was seconded by Mr. McCadden and adopted by Ute following vote: AYES: Council Members Wyatt, Bowies, Butler, McCadden, Parrott and Mayor Bowers 6. NAYS: None ...... 0. (Council Member White was out of the Council Chamber.) BUDGET-CABLE TELEVISION: Council Member John H. Parrott, Chairperson, Roanoke Valley Regional Cable Television Committee, presented a written report on behalf of the Committee, advising that the Committee approved the budget for fiscal year 1996-97 f.o.r operation of I regional and Educational Access Station, Roanoke the Government Valley Television (RVTV), Channel 3, which is operated jointly by the City of Roanoke, Roanoke County and the Town of Vinton; the Roanoke Valley Regional Cable Television Committee recommended a fiscal year 1996-97 budget of $154,t93.00, compared to a 1995-96 budget of $123,098.00; and the total budget, in the amount of $154,193.00, must be approved by the three goveming bodies and is based on the proration of the number of Cox Cable subscribers in each locality, as follows: Roanoke City Roanoke County Town of Vinton 32,993 (59%) 18,681 (34%) 4,032 (7%) $90,974.00 52,425.00 10,793.00 It was further advised that the recommended budget for the City of Roanoke includes $630,000.00 in franchise fees from Cox Communications, of which 20 per cent totals $126,000.00; and the City's share of the Roanoke Valley Television budget totals $90,974.00, which is below the 20 per cent allowable for cable television operations. 518 ACTION: On behalf of the City's representatives to the Roanoke Valley Region. al Cable Televisio.n. Committee, Mr. Parrott recommended Counc,l's approval of the City's portion of the RVTV fiscal year t996-97 budget in the amount of $90,974.00. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (~32917-950696) A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 1996-97 for the operation of the regional government and educational access station-Roanoke Valley Television (RVTV, Channel 3), and for the City to provide partial funding. (For full text of Resolution, see Resolution Book No. 58, page 336.) Mr. Parrott moved the adoption of Reaolu'don No. 32917-950696. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Bowies, Butler, McCadden, Parrott and Mayor Bowers 7. NAYS: None 0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ANNEXATION/CONSOLIDATION-PLANNING: Ordinance No. 32891 authorizing the Mayor to execute an Agreement between the County of Roanoke and the City of Roanoke relating to the boundary line between said govemmental entities, and authorizing certain other actions relating to such boundary line adjustment, as set forth in a City Planning Commission report dated April 15, 1996, having previously been before the Council for its first reading on Monday, April 15, t996, 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: 519 (#32891-050696) AN ORDINANCE authorizing the Mayor to execute an Agreement between the County of Roanoke end the City of Roanoke relating to the boundary line between sa,d govemmentel entitlee, and authorizing certain other actions relating to such boundary line adjustment. (For full text of Ordinance, see Ordinance Book No. 58, page 310.) ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32891-050696. The motion was seconded by Dr. Butler and adopted by the fo#owing vote: AYES: Council Members White, Wyatt, Bowles, Butler, McCadden, Parrott and Mayor Bowers 7. NAYS: None 0. COUNCIL-HOTEL ROANOKE CONFERENCE CENTER-YOUTH: Dr. Butler offered the following resolution changing the meeting hour of City Council regularly scheduled to be held at 12:30 p.m. on Monday, May 20, 1996, to 12:00 noon, on Monday, May 20, 1996, in the Roanoke Ballroom at the Hotel Roanoke & Conference Center, t10 Shenandoah Avenue, N. W., with the 2:00 p.m. session of the City Council on the same date to be held in City Council Chambers, 215 Church Avenue, S. W.: (~32918-050696) A RESOLUTION changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:30 p.m., on Monday, May 20, 1996. (For full text of Resolution, see Resolution Book No. $8, page 337.) ACTION: Dr. Butler moved the adoption of Resolution No. 32918-050696. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Butler, Parrott and Mayor Bowers 6. NAYS: Council Member McCadden 1. 520 ACTION: ACTION: BUDGET: Mr. White offered the following resolution establishing s special meeting of City Council to be held on Monday, May 13, 1996, at 6:00 p.m., in the City Council Chambers, Municipal Building, 2t5 Church Avenue, S. W., for the purpose of adopting the proposed annual budget for the City of Roanoke for fiscal year 1996-97, and related matters: (#32919-050696) A RESOLUTION establishing the date of a special meeting of the Council of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 58, page 338.) Mr. White moved the adoption of Reeoluffon No. 32919-060696. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Bowles, Buffer, McCadden, Parrott and Mayor Bowers 7. NAYS: None 0. MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. HEARING OF CITIZENS UPON PUBLIC MATI'ERS: None. At 5:25 p.m., the Mayor declared the meeting in recess. At 5:45 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With respect to the Executive Session just concluded, Dr. Buffer 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: 521 AYES: Council Members White, Wyatt, Bowles, Butler, McCadden, Parrott and Mayor Bowers 7. NAYS: None 0. There being no further business, the Mayor declared the meeting adjourned at 5:47 p.m. APROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 522 PERSONNEL COMMITTEE ROANOKE CITY COUNCIL May 9, 1996 8:30 a.m. A meeting of the Roanoke City Council Personnel Committee, consisting of the Members of City Council, wes called to order on Thursday, May 9, 1996, at 8:30 a.m., in the City Council's Conference Room, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowies, Wendell H. Butler, Delvis O, McCsdden, John H. Parrott, Linde F. Wyatt (arrived during Executive Session), William White, Sr., and Mayor David A. Bowers 7. ABSENT: None OFFICERS PRESENT: Mary F. Parker, City Clerk. COUNCIL-CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY.CITY CLERK. MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: Mr. Parrott 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: Council Members Bowies, Butler, McCadden, Parrott, White and Mayor Bowers 6. NAYS: . 0. (Council Member Wyatt arrived during the Executive Session.) At 8:40 a.m., the Mayor declared the meeting in recess. At 12:30 p.m., the meeting reconvened in the City Council's Conference Room, with all Members of the Council in attendance, Mayor Bowers presiding. With respect to the Executive Session just concluded, Dr. Buffer 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 523 Session was convened were heard, discussed or considered by the Personnel Committee. The motion" was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowies, Butler, McCadden, Parrott, White, Wyatt and Mayor Bowers 7. NAYS: None 0. Them being no further business, the Mayor declared tho Personnel Committee mee~ng adjourned at 12:32 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 524 PERSONNEL COMMITTEE-------ROANOKE CITY COUNCIL May 9, 1996 5:35 p.m. A meeting of the Roanoke City Council Personnel Committee, consisting of the Members of City Council, wes called to order on Thursday, May 9, 1996, at 5:35 p.m., in the City Council's Conference Room, fourth floor of the Municipal Building, 215 Chumh Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowies, Wendell H. Butler, Delvis O. McCadden, John H. Parrott, Unda F. Wyatt, William White, Sr., and Mayor David A. Bowers ,.7. ABSENT: None OFFICERS PRESENT: Mary F. Parker, City Clerk. COUNCIL-CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK- MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: Ms. Wyatt 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), aa amended. The motion was seconded by Mr. Parrottt and adopted by the following vote: AYES: Council Members Bowles, Butler, McCadden, Parrott, White, Wyatt and Mayor Bowers 7. NAYS: 0. At 5:37 p.m., the Mayor declared the meeting in recess. At 6:25 p.m., the meeting reconvened in the City Council's Conference Room, with all Members of the Council in attendance, Mayor Bowers presiding. With respect to the Executive Session just concluded, Ms. Wyatt moved that each Member of the Personnel Committee certi~ to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requiremento under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by the Personnel Committee. The motion wes seconded by Mr. Parrott and adopted by the following vote: 525 AYES: Council Members Bowles, ButJer, McCadden, Panott, While, Wyatt and Mayor Bowem 7. NAYS: Non= O. There being no further business, the Mayor declared the Personnel Committee mest]ng adjoumed at 6:27 p.m. APPROVED AI'I'EST: Mary F. Parker City Clerk David A. Bowers Mayor 526 ROANOKE CiTY COUNCIL SPECIAL MEETING May 13, 1996 6:00 p.m. The Council of the City of Roanoke met in special session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, May 13, 1996, at 6:00 p.m., pursuant to Section 10, Meetinas of Council. of the Roanoke City Charter, and pursuant to Resolution No. 32919- 050696 adopted by the Council on Monday, May 6, 1996, with Mayor David A. Bowers presiding. PRESENT: Council Members Elizabeth T. Bowles, Wendell H. Butler, Delvis O. McCadden, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ~. ABSENT: Council Member John H. 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 invocation was delivered by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. BUDGET: The Mayor advised that the purpose of the special meeting was to adopt the fiscal year t996-97 City operating budget and other related matters, pursuant to Resolution No. 32919-050696, adopted by the Council at it~ regular meeting on Monday, May 6, 1996. BUDGET-SEWERS AND STORM DRAINS-CITY NURSING HOME- GENERAL SERVICES-HUMAN DEVELOPMENT-ROANOKE CIVIC CENTER-GRANTS-UTILITY LINE SERVICES-MANAGEMENT AND BUDGET-CITY INFORMATION SYSTEMS-TRANSPORTATION FUND- FLEET MAINTENANCE FUND-RISK MANAGEMENT FUND-SCHOOLS- WATER RESOURCES: A Certificate of the Director of Finance advising that funds required for the 1996-97 General Fund, Water Fund, Sewage Treatment Fund, Civic Center Fund, Transportation Fund, Nursing 527 Home Fund, City Information Systems Fund, Materials Control Fund, I. Management Servic.e.s Fund, Utility Line Services Fund, Fleet Management Fund, R,sk Management Fund, School Fund, and Grant Fund budgets will be available for appropriation, was before Council. (For full text, see Certificate on file in the City Clerk's Office.) ACTION: Without objection by Council, the Mayor advised that the Certificate would be received and filed. BUDGET: Mrs. Bowles offered the following emergency ordinance adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997, in the total amount of $152,57t,025.00: (~32920-051396) AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 338.) I Mrs. Bowies moved the of Ordinance No. 329204)51396. adoption The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Bowles, Butler, McCadden, White, Wyatt and Mayor Bowers 6. NAYS: None 0. (Council Member Parrott was absent.) BUDGET-WATER RESOURCES: Dr. Buffer offered the following emergency ordinance adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997, in the total amount of $8,676,861.00: 528 (#32921-051396) AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 342.) Dr. Buffer moved the adoption of Ordinance No. 329214)51396. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowies, Buffer, McCadden, Wl~ite, W~jatt and Mayor Bowers ...... (~. NAYS: None 0. (Council Member Parrott was absent.) BUDGET-SEWERS AND STORM DRAINS: Mr. McCadden offered the following emergency ordinance adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, t996, and ending June 30, 1997, in the total amount of $9,836,450.00: (#329224)51396) AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 343.) Mr. McCadden moved the adoption of Ordinance No. 32922- 051396. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, Buffer, McCadden, White, Wyatt and Mayor Bowers (~. NAYS: None (Council Member Pan'off was absent.) 529 BUDGET-ROANOKE CIVIC CENTER: Mr. White offered the I following, emergency ordinance adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997, in the total amount of $2,626,471.00: (#32923-051396) AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, t997; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 345.) Mr. While moved the adoption of Ordinance No. 32923-051396. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowles, Butler, McCadden, White, Wyatt and Mayor Bowers 6. NAYS: None 0. I (Council Member Parrott was absent.) BUDGET-TRANSPORTATION FUND: Ms. Wyatt offered the following emergency ordinance adopting the annual Trsnsportatlon Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997, Jn the total amount of $2,659,379.00: (#32924-051396) AN ORDINANCE adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 56, page 346.) Ms. Wyatt moved the adoption of Ordinance No. 32924-051396. The motion was seconded by Mrs. Bowies and adopted by the following vote: 530 AYES: Council Members Bowies, Buffer, McCadden, White, Wyatt and Mayor Bowers 6. · NAYS: None (Council Member Parrott was absent.) .0. BUDGET-NURSING HOME: Mrs. Bowles offered the following emergency ordinance adopting the annual Nursing Home Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997, in the total amount of $1,837,661.00: (#32925-051396) AN ORDINANCE adopting the annual Nursing Home Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 347.) Mrs. Bowies moved the adoption of Ordinance No. 32925-051396. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Bowies, Butler, McCadden, Wlnite, Wyatt and Mayor Bowers 6. NAYS: None .. 0. (Council Member Psrrott was absent.) BUDGET-CITY INFORMATION SYSTEMS: Dr. Buffer 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, 1996, and ending June 30, 1997, in the total amount of $2,397,943.00: 531 (.~72926-051396) AN ORDINANCE adopting the annual City Information Fund Appropriation of City of Roanoke for the Sys.tem. s fiscal year begtnnmg July 1, 1996, and ending June 30, 1967; and Wyatt and Mayor Bowers NAYS: None (Council Member Parrott was absent.) declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 349.) Dr. Buffer moved the adoption of Ordinance No. 329264)51396. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, Buffer, McCadden, White, Wyatt and Mayor Bowers -. 6. NAYS: None. (Council Member Parrott was absent.) BUDGET-GENERAL SERVICES: Mr. McCadden offered the following emergency ordinance adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997, in the total amount of $163,774.00: (#32927-051396) AN ORDINANCE adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 350.) Mr. McCadden moved the adoption of Ordinance No. 32927- 051396. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, Butler, McCadden, White, 6. 0. 532 BUDGET-MANAGEMENT SERVICES: Mr. INhita offered the following emergency ordinance adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997, in the total amount of $216,993.00: (#32928-051396) AN ORDINANCE adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 351.) Mr. White moved the adoption of Ordinance No. 32928-051396. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowles, Butler, McCadden, INhito, Wyatt and Mayor Bowers. ~. NAYS: None (Council Member Parrott was absent.) BUDGET-UTILITY LINE SERVICES: Ms. Wyatt 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, 1996, and ending June 30, 1997, in the total amount of $3,127,533.00: S--' (~32929.-0.51396) A.N. ORDINANCE adopting the annua~ uti,ty Line erv~ces run= Appropriation of ~e City of Roanoke for the risc. al year beginning July 1, 1996, and end,ng June 30, 1997; and declanng the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 352.) Ms. Wyatt moved the adoption of Ordinance No. 32929-051396. The motion was seconded by Mrs. Bowies and adopted by the following vote: 533 AYES: Council Members Bowies, Butler, McCadden, White, Wyatt and Mayor Bowers 6. NAYS: None 0. (Council Member Parrott was absenL) BUDGET-FLEET MAINTENANCE FUND: Mrs. Bowies offered the following emergency ordinance adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997, in the total amount of $4,106,267.00: (#32930-051396) AN ORDINANCE adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 353.) Mrs. Bowies moved the adoption of Ordinanca No. 32930-051396. The motion wes seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Bowles, Butler, McCadden, White, Wyatt and Mayor Bowers .. 6. NAYS: None 0. (Council Member Parrott was abeenL) BUDGET-RISK MANAGEMENT FUND: Dr. Butler offered the following emergency ordinance adopting the annual Risk Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997, in the total amount of $611,190.00: 534 (#329314)51396) AN ORDINANCE adopting the annual Risk Managem. en.t Fund Appropriation of ~e City of Roanoke for the fie.cai year begmmng July 1, 1996, and ending June 30, 1997; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 355.) Dr. Butler moved the adoption of Ordinance No. 329314)51396. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, Butler, McCadden, White, Wyatt and Mayor Bowers $. HAYS: None 0. (Council Member Parrott was absent.) BUDGET-SCHOOLS: Mr. McCadden offered the following emergency ordinance adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997, in the total amount of $82,709,883.00: (#329324)51396) AN ORDINANCE adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997; and declaring the existence of an emergency. {For full text of Ordinance, see Ordinance Book No. 58, page 356.) Mr. McCadden moved the adoption of Ordinance No. 32932- 051396. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowies, Buffer, McCadden, White, Wyatt and Mayor Bowers 6. HAYS: None 0. (Council Member Parrott was absent.) 535 BUDGET-GRANTS: Mr. White offered the following emergency ordinance adopting a portJon of the annual G.rant Fund Appropriation of the C,ty of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, 1997, in the amount of $366,659.00: (#32933-051396) AN ORDINANCE adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1996, and ending June 30, t997; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 357.) Mr. White moved the adoption of Ordinance No. 32933-051396. The mofion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowles, Butler, McCadden, White, Wyatt and Mayor Bowers 6. NAYS: None 0. i (Council Member Parrott was absenL) BUDGET DIRECTOR OF FINANCE-POLICE DEPARTMENT-PAY PLAN-CITY CLERK-FIRE DEPARTMENT-HUMAN DEVELOPMENT-CITY ATTORNEY-BILLINGS AND COLLECTIONS-CITY MANAGER-REAL ESTATE VALUATION-CITY EMPLOYEES-ROANOKE CIVIC CENTER- MUNICIPAL AUDITOR-YOUTH-EMERGENCY MEDICAL SERVICES: Ms, Wyatt offered the following emergency ordinance adopting and establishing a Pay Plan for officers and employees of the City, effective July I, 1996; providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of the Fire Depa,~,,ent who are certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire Depa,l,,,ent who are members of the Regional Hazardous Materials Response Team; and repealing Ordinance No. 32467-050895, adopted May 8, 1995, to the extent of any inconsistency: 536 (~32934-051396) AN ORDINANCE to adopt and establish a Pay Plan. f..or officers and employees of the City effective .J. uly 1, 1996; provldmng for certain salary adjustments and ment increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of the Firs Department who are certified as Emergency Medicel Technicians; authorizing annual salary increments for certain members of the Firs Department who are members of the Regional Hazardous Materials Response Team; and repealing Ordinance No. 324674)50895, adopted May 8, 1995, to the extent of any inconsistency; and providing for an emergency and effective date. (For full text of Ordinance, see Ordinance Book No. 58, page 359.) Ms. Wyatt moved the adoption of Ordinance No. 32934-051396. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, Butler, White, Wyatt and Mayor Bowers 5. NAYS: Council Member McCedden (Council Member Parrott was absent.) BUDGET-COUNCIL: Mrs. Bowles offered the following emergency ordinance establishing the annual salaries of the Mayor, Vice-Mayor and Council Members for the fiscal year beginning July 1, 1996. (#32935-051396) AN ORDINANCE establishing the annual salaries of the Mayor, Vice-Mayor and Council Members for the fiscal year beginning July 1, t996; and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 58, page 363.) 537 tl ACTION: ACTION: Mrs. Bowies moved the edopffon of Ordinanca No. 329354)51396. The motion was seconded by Dr. Buffer and adopted by the following vote: AYES: Council Members Bowies, Butler, White, Wyatt and Mayor Bowers 5. NAYS: Council Member McCadden (Council Member Parrott was absent.) BUDGET-DIRECTOR OF FINANCE-CITY CLERK-CITY AI'rORNEY- CITY MANAGER-REAL ESTATE VALUATION-MUNICIPAL AUDITOR: Dr. Buffer 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 f, t996: (#32936-051396) AN ORDINANCE establishing compensaffon 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 t, 1996; and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 58, page 364.) Dr. Buffer moved the adoption of Ordinance No. 329364)51396. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowies, Buffer, White, Wyatt and Mayor Bowers 5. NAYS: Council Member McCadden (Council Member Parrott was absent.) BUDGET-PENSIONS: Mr. McCadden offered the following emergency ordinance providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses, by providing that the 538 ACTION: retirement allowance payable to certain members of the Pension Plan who retired on or before July 1, 1995, shall, effective July t, 1996, be increased by three per cent of itself, not including payments made under the Voluntary Retirement Incentive Program established by Ordinance No. 30473-041591, adopted April 15, 199t, calculated as of July 1, 1996: (#32937-051396) 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. 58, page 366.) Mr. McCadden moved the adoption of Ordinance No. 32937- 051396. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, Butler, McCadden, White, Wyatt and Mayor Bowers 6. NAYS: None 0. Im (Council Member Parrott was absent.) BUDGET-CHURCH AVENUE PARKING GARAGE-FEE COMPENDIUM-CENTURY STATION PARKING GARAGE-TOWER PARKING GARAGE-WILBAMSON ROAD PARKING GARAGE-MARKET SQUARE PARKING GARAGE: Mr. White offered the following resolution providing for an amendment 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 amendment of the City's Fee Compendium: 539 (t/32938-051396) A RESOLUTION providing for an amendment 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 directing amendment of the Fee Compendium. (For full text of Resolution, see Resolution Book No. 58, page 368.) ACTION: Mr. White moved the adoption of Resolution No. 32938-051396. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowles, Butler, McCadden, White, Wyatt and Mayor Bowers 6. NAYS: None 0. (Council Member Parrott was abeenL) BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORITY- PLANNING-GRANTS-ECONOMIC DEVELOPMENT: The City Manager submitted a written rep. ort advising that Council was briefed on I recommended Commun,ty Grant (CDBG) and Development. Block HOME programs, including $2,763,000.00 in new funds from the U. S. Department of Housing and Urban Development (HUD); a draft of the Annual Update has bccn prepared and made available for public review and comments for a period of 30 days, April 12, 1996 to May t2, t996; on April 17, 1996, HUD representatives informed City staff that the City of Roanoke will not receive the estimated $73,800.00 in Emergency Shelter Grant (ESG) funds for the upcoming 1996-97 program year, which funds were targeted for Total Action Against Poverty (TAP) and Roanoke Area Ministries (RAM); and the Draft Annual Plan has been amended to reflect the loss of ESG funds and the addition of an activity for property maintenance of properties previously acquired with CDBG and Urban Renewal funds, which activity will be funded with $10,000.00 in additional carry-over funds identified by the Roanoke Redevelopment and Housing Authority. 54O ACTION: . It w..a..s further advised that the City received notification of the exact enth,ement amounts on May 8, 1996; CDBG increased by $1.6.9,400.00 and HOME increased by $15,100.00 when. compared to the estimated allocations previously used in the budgeting process; and the additional funds will be allocated to a contingency account, with recommendation for use of ssid funds to be presented to Council et its regular meeting on Monday, June 17, 1996. The City Manager recommended that he be authorized to submit an approved Annual Update to the U. S. Department of Housing and Urban Development for final review and approval, and that he be further authorized to execute the grant agreement with HUD on behalf of the City; and upon receipt of program and budget approval from HUD, a report detailing the necessary budget appropriations by program and line item, as well as. contracts necessary to .c. arry out .?e fiscal year 1996-97 program, ~nll be presented to Counc,I for adoption. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: to _(t~..2939'051396) A RESOLUTION authorizing the.. City Manager suom,t an approved Annual Update to .the HUD Conso!,dated Plan for FY 1996-97 to the United States Depa~u-ent of Hous,ng and Urban Development (HUD) for final review and approval, and authorizing the execution of the appropriate documents for the acceptance of such funding. (For full text of Resolution, see Resolution Book No. 58, page 371.) Ms. Wyatt moved the adoption of Resolution No. 32939-051396. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, Butler, McCadden, White, Wyatt and Mayor Bowers - 6. NAYS: None ...... (Council Member Parrott was absent) 541 There being no further business, the Mayor declared the special meeting adjoumed at 6:30 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 542 ROANOKE CiTY COUNCIL SPECIAL MEETING May 13, 1996 ;':00 p.m. The Council of the City of Roanoke met in special session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, May 13, 1996, at 7:00 p.m., with Mayor David A. Bowers presiding, pursuant to Section 10, Meetings of Council, of the Roanoke City Charter, and pursuant to action of the Council on Monday, March 18, 1996, for the purpose of holding a public hearing to receive the views of citizens to determine whether the citizens desire Council to request the General Assembly to amend the City Charter to provide for nomination of candidates for City Council by petition of the qualified voters of the City and for elimination of the political parties from the nominating process. PRESENT: Council Members Elizabeth T. Bowles, Wendell H. Butler, Delvis O. McCadden, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers $. ABSENT: Council Member John H. 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 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-ELECTIONS-CITY CHARTER: The Mayor advised that the purpose of the special meeting was to conduct a public hearing to receive comments of citizens to determine whether the citizens of the City of Roanoke desire City Council to request the General Assembly to amend the City Charter to provide for nomination of candidates for City Council solely by petition of qualified voters of the City and for elimination of the political parties from the nominating process (the foregoing nominating process sometimes being referred to as a "nonpartisan" nominating process), the matter was before the body. 543 Advertisement of the public hearing was published in The Roanoke Times on Friday, May 3, 1996, and in the Roanoke Tribune on Thursday, May 2, 1996. (See publisher's affidavits on file in the City Clerk's Office.) The Mayor inquired if there ware persons present who would like to address Council in connection with the matter, and no persons expressed a desire to be heard. Mr. McCadden advised that from the lack of citizen attendance, it appears that the citizens of Roanoke are not in favor of non-partisan City Council elections. He ststsd that he supports non-partisan elections because candidates would not owe anything to the pressure of a political party or to any of its special interest groups, candidates would incur less costs associated with running on a non-pertissn basis, and persons pledged to a party could, in good faith, support the candidate believed to be the best person for the position, rather than vote for a candidate because of party affiliation. He ststsd that issues concerning the City should be divided on their merit or on good versus bad and not on political grounds. Mrs. Bowles stated that she had no problem with the two party system; however, her only concern was that once Council Membere are elected, they should forget party affiliation and serve the needs of all of the citizens of the City of Roanoke, regardless of who did or did not vote for them. Mr. White expressed appreciation to Mr. McCadden for bringing his point of view to the table and for his willingness to share his ideas. He stated that the proposal has certain good points and raises awareness of the issue. The Mayor again called for comments by citizens. There being none, he declared the meeting adjourned at 7:10 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 544 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL May 20,1996 12:00 noon The Council of the City of Roanoke met in regular session in the Roanoke Ballroom of The Hotel Roanoke & Conference Center, 110 Shenandoah Avenue, N. E., City of Roanoke, on Monday, May 20, 1996, at 12:00 noon, with Mayor David A. Bowers presiding, pursuant to Roaolution No. 32910-050696, adopted by the Council on Monday, May 6, 1996. PRESENT: Council Members Wendell H. Butler, Delvi$ O. McCadden, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers 5. ABSENT: Council Members Elizabeth T. Bowies and John H. Parrott 2. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; Michael R. Crew, Manager of Accounting Services; and Mary F. Parker, City Clerk. The invocation was delivered by Katrina Martin, Member, Youth Services Citizen Board. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. YOUTH-ACTS OF ACKNOWLEDGEMENT-CITY GOVERNMENT- SCHOOLS: The Mayor advissd that Council was pleased to share lunch and to participate in 1996 Student Government Day activities which were coordinated by the City's Office on Youth and the Youth Services Citizens Board, with attendance by students from William Fleming High School, Patrick Henry High School, and the Noel C. Taylor Learning Academy. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. Following lunch and a brief program, at 1:30 p.m., the Mayor declared the meeting in recess until 2:00 p.m. 545 At 2:00 p.m., the Roanoke City Council meeting reconvened in regular session in the City .C. ouncil Cham.ber, 215 C.h. urch Avenue, S. W., City of Roanoke, ~nth the follomng Council Members in attendance, Mayor Bowers presiding: PRESENT: Council Members Wendell H. Butler, Delvis O. McCadden, John H. Parrott, William White, Sr., Linde F. Wyatt and Mayor David A. Bowers 6. ABSENT: Council Member Elizabeth T. Bowies OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilbum C. Dibling, Jr., City Attorney; Michael R. Crew, Manager of Accounting Services; and Mary F. Parker, City Clerk. The reconvened meeting was opened 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. PRESENTATIONS: ACTS OF ACKNOWLEDGEMENT-CITY GOVERNMENT-YOUTH- SCHOOLS: On behalf of the Members of Council, the Mayor recognized students from Patrick Henry and William Fleming High Schools and the Noel C. Taylor Learning Academy who were participating in 1996 Student Government Day activities, and presented each participant with an Office on Youth T-shirt as a memento of the occasion. DIRECTOR OF FINANCE-ACTS OF ACKNOWLEDGEMENT: The Mayor presented Awards of Financial Reporting Achievement to Michael R. Crew, Manager of Accounting Services, and Joyce L. Sparks, Retirement Accountant, for the City's Comprehensive Annual Financial Report and the City of Roanoke Pension Plan, respectively. DECEASED PERSONS: Mr. McCadden offered the following resolution memorializing the late Artie Levin, expressing Council's deepest regrets at the passing of Mr. Lavin, Roanoke's "Mr. Fitness", and extending to his son, Dr. Larry Levin, of Boca Raton, Florida, and his daughter, Cindy Levin Goldstein, of Roanoke, the sympathy of the Council and that of the citizens of the City of Roanoke: 546 ACTION: (~t32940-052096) A RESOLUTION memorializing the late Artie Levin. (For full text of Resolution, see Resolution Book No. 58, page 376.) Mr. McCadden moved the adoption of Resolution No. 32940- 052096. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Butler, McCsdden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: None (Council Member Bowles was abeenL) On behalf of the City of Roanoke, the Mayor presented a caremonial copy of the abovereferenced resolution to Ms. Cindy Levin Goldstein. CONSENTAGENDA The Mayor advised that all .matters listed under the Co.n. sent I 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 the Council; and a request of the City Attorney for an Executive Session to discuss specific legal matters. COMMII'rEES-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 the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (t950), as amended, wes before the body. (For full text, see communication on file in the City Clerk's Office.) 547 ACTION: Mr. White moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the 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 Butler, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: None O. (Council Member Bowies was absenL) TAXES-SPECIAL PERMITS: A report of the City Manager advising that at the regular meeting of Council held on Monday, December 11, 1995, Council Member White requested a report on the number of tax-exempt properties located within the City of Roanoke and when the matter should receive further review by the Council; was before the body. The City Manager provided a summary of tax-exempt properties according to four different categories, i.e.: Organizations Paying a Service Charge in Lieu of Taxes, Agricultural Land-Use Program, Elderly/Permanently Disabled Homeowner Real Estate Tax Freeze Program, and Partial Tax Exemption on Rehabilitated Buildings. It was explained that a total of t16 non-govemmental organizations are operating under the tax-exempt program, which organizations, were they not tax-exempt, would have paid a total of $289,037.70 in real estate taxes; prior to the enactment of the Service Charge Program, the figure of $45,842.65 represents the revenue that the organizations would have paid if a service charge were required; with establishment of the Service Charge Program, six of the t16 organizations were required to pay $11,964.96 in fiscal year 1995-96 as a service charge in lieu of taxes; the Agricultural Land-Use Tax Relief Program requires that a property must be at least five acres in size, currently used for agricultural purposes, and have been used for agricultural purposes for the previous five years; and currently, 23 owners (29 parcels/applications) participate in the program resulting in approximately $95,000.00 in foregone tax revenue. 548 ACTION: It was further explained that the Elderly/Permanently Disabled Homeowner Real Estate Tax Freeze Program provides tax relief for elderly and/or permanently disabled homeowners; currently, citizens ars receiving tax relief on approximately 2,300 parcels resulting in a tax loss .e...s. timated at $436,000.00; the Partial Tax Exemption on Rehabdltated Buildings provides for tax exemptions when buildings 25 years or older are improved to increase the assessed value; and current rehabilitated property tax exemptions result in approximately $104,000.00 in foregone tax revenue. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that the report be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt and Mayor Bowers NAYS: None (Council Member Bowies was absent.) BONDS/BOND ISSUES-SIDEWALK/CURB AND GUTTER- COMPLAINTS-HUMAN DEVELOPMENT-PUBLIC WORKS-PLANNING- CAPITAL IMPROVEMENTS PROGRAM: The City Manager submitted a written report advising that at the regular meeting of Council on Monday, April 1, 1996, Council Member White requested information with regard to the City's policy on responding to outstanding requests for new curb and sidewalk improvements; whereupon, the matter was before the body. The City Manager explained that for many years the City Engineering Department has maintained a list of locations where citizens have requested curb, gutter and sidewalk improvements, which list is maintained on a computer file that currently covers 11 and one- half pages, with the locations listed alphabetically by quadrant, at an estimated cost in excess of $10 million as of March 1995; and since that date, additional requests have been received with an estimated construction cost of approximately $76,000.00; as a part of three of the last four capital improvement bond issues, funds have been included for improvements (1985 -$1.1 million; 1988 - $1.0 million; 1996 - $1.0 million); and approximately $700,000.00 remains available from 1996 bonds for construction in the next two years. ACTION: 549 It was noted that on March 4, 1996, Council received a report from the City Administration describing a new procedure which has been initiated to evaluate requests for new curb and sidewalks; and an effort is being made to objectively prioritize locations in order to make the maximum use of available fonds; while many citizens are interested in curb, gutter and sidewalk, many capital improvement needs remain in the City, and strong consideration will continue to be given to including funds for such public infrastructure in future bond issues; however, it will be a number of years, if ever, before all requests for such improvements can be accommodated, and the same could be said for neighborhood storm drain improvements, new traffic signals, and parks and recreation facilities, etc. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that the report be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: None (Council Member Bowies was absent.) ELECTIONS: A communication from Gilbert E. Butler, Jr., Secretary, Roanoke City Electoral Board, transmitl]ng a certified copy of the Abstract of Votes cast in the General and Special Elections held in the City of Roanoke on May 7, 1996, was before Council. "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the May 7, 1996 Special Election, for MAYOR Names of Candidates J. P. "Pat" Green David A. Bowers Total Votes Received (In Figures) 5,423 6,620 55O We, tho undersigned Electoral Board, upon examination of the official records deposit~l with the Clerk of the Circuit Court of the election held on May 7, 1996, 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: David A. Bowers Given under our hands this 8th day of May, 1996. A copy testa: Charles T. Green, Chairman Frances Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board" "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the May 7, 1996 General Election, for MEMBER CITY COUNCIL Names of Candidates Total Votes Received (In Figures) David K. Lisk Alvin L. Nash Carroll E. Swain James O. "Jim" Trout Linda F. Wyatt Joseph F. "Joe" Nash "Mac" McCadden 4,774 5,064 5,897 5,428 6,486 4,381 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 7, t996, 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: 551 Linda F. Wyatt Carroll E. Swain James O. "Jim" Trout Given under our hands this 8th day of May, 1996. A copy tasta: Charles T. Green, Chairman Frances Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board" "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the May 7, 1996 General Election, for Member City Council (For unexpired term to end June 30, 1998) Names of Candidatas Total Votes Received (In Figures) Jeffrey L. "Jeff" Artis C. Nelson Harris 3,387 7,220 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 7, 1996, 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: C. Nelson Harris Given under our hands this 8th day of May, 1996. 552 ACTION: ACTION: A copy teete: Charles T. Green, Chairman Frances Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board" (For full text, see communication and Abstract of Votes on file in the City Clerk's Office.) Mr. Wtdte moved that the communication and Abstract of Votes be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Membere Butler, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: Nono 0. (Council Member Bowies was absent.) OATHS OF OFFICE4~OMMITTEES-INDUSTRIES: A report of qualification of J. Darryl Burks as a Director of the Industrial Development Authority of the City of Roanoke for a term of four years commencing October 20, 1994, and ending October 20, 1998, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mr. White moved that the report of qualification be received and filed. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: None .... 0. (Council Member Bowies was absent.) 553 COUNCI.L.: A rep~.rt of the City Attorney requesting that Cou. ncil meet in Ex. e. cutive Session ~ discuss specific leg. al matters requiring the provision of legal advice .b.y counsel, being the terms and conditions of legal documents ~nth a party desiring to use the public right-of-way, pursuant to Section 2.t-344 (A)(7), Code of Virginia (t950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. White 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 legal documents with a party desiring to use the public right-of-way, pursuant to Section 2.1~?. (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: None (Council Member Bowies was absent.) Ow HEARING OF CITIZENS UPON PUBLIC MATTERS: ACTS OF ACKHOWI.EDGEMENT-HOUSINGIAUTHORITY-CENTER IN THE SQUARE: On behalf of the Members of Council, the Mayor accepted a resolution from Bittie W. Porterfield, Vice Chairman of the Board of Directors, Center In The Square, conveying appreciation to the City of Roanoke for its support and encouragement in connection with receipt by Center In The Square one out of 25 National Excellence Awards presented by the U. S. Department of Housing and Urban Development. TRAFFIC-PARKS AND RECREATION-DRUGS/SUBSTANCE ABUSE-ACTS OF ACKNOWLEDGEMENT: Brenda A. Altman, President, Smith Mountain Lake Regional Chapter, Mothers Against Drunk Driving, appeared before Council and presented a proposal to change the color of the Mill Mountain Star from white to red each time a drug or alcohol related traffic death occurs in the Roanoke Valley. 554 ACTION: Beverly T. Fitzpatrick, Jr., Executive Director, The New Century Council, also appeared before Council in support of the proposal. (Sss correspondence on file in the City Clerk's Office.) Following a discussion of the pmpoesl, Mr. White moved that the City Manager be requested to report to Council at its regular meeting on Monday, June 3, 1996, with regard to a recommended strategy for implementation of the abovedsscribed proposal. The motion was seconded by Mr. Parrott and adopted. OTHER HEARINGS OF CITIZENS: TRAFFIC: Mr. Jahue Walcott, 1101 13th Street, S. E., having expressed a desire to address Council in connection with a traffic light in his neighborhood, the matter was before the body. Since Mr. Walcott left the meeting before his request could be heard, the matter was referred to the City Manager for appropriate follow-up. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: CiTY CODE-BUILDINGS/BUILDING DEPARTMENT-HOUSING/ AUTHORITY-PUBLIC WORKS-ROANOKE NEIGHBORHOOD PARTNERSHIP-RENTAL INSPECTION PROGRAM: The City Manager submitted a written report with regard to a Rental Inspection Program for the City of Roanoke, advising that the condition of deteriorating rental properties has bssn a concern in the City for many years, particularly unsafe or unhealthy living conditions and detrimental effects generally on neighborhood vitality; and public workshops and intensive work by a study committee has resulted in a plan for all non- owner-occupied housing unite in conservation and rehabilitation districts to be inspected for compliance with the Building Maintenance Code every two years, with incentives for property owners to cooperate with the schedule of inspections. 555 It was explained that a Program was designed to be effective in inspecting houses in neighborhoods regularly, while providing minimum interference to responsible property owners and using the City's administrative resources efficiently, which Program includes the following aspects: A unit peesing the inspection for compliance with the City Code will be issued a cerl]flcats of compliance for a period of two years. 2. Violations will be distinguished as follows: dangers to health and safety, significant violations, and minor deficiencies or developing problems. w If the owner cooperates in allowing the scheduled inspection to be performed and violations not dangerous to health and safety are found, the owner will be issued a temporary waiver and allowed to continue to rant the unit while repairs are made. If an owner chooses not to allow the inspection on schedule, the unit may not be re-rented when it becomes vacant without an inspection and either a certificate of compliance with the Code or a waiver. Violations which are the responsibility of the tenants will be cited, as well as those of the property owner. Information and educational sessions and materials will be made available to property owners and others interested, regarding the program generally and Code requirements. An informal administrative appeals process to the Building Commissioner and including advisors from the community, before formal appeal to the Board of Building Code Appeals. 556 No fees for an initial inspection or for two re- inspections to verify that repairs have been made, if the inspection is allowed to be performed on the scheduled basis; however, if the owner chooses not to follow the inspection schedule, an inspection upon vacancy or complaint by the tenant incurs a $75.00 fee, with all re4nspections to verify corrections incurring a $35.00 reinspection fee. Potential significant fines imposable by the court for violating the provisions of the inspection program, such as m-renting without a valid certificato of compliance or a waiver. 10. Initial implementation of the program with existing staff, to refine procedures, etc. tt. Addition of personnel in the fall to allow more rapid implementation of the program's inspections schedule throughout the designated areas. 12. Monitoring and evaluation of the effects of the program after several years of its operation. The City Manager recommended that Council amend the Code of the City of Roanoke (1979), as amended, to delete Article IV, Permits, of Chapter 16, ~ relating to the Certificate of Occupancy program for rental properties; adopt a new Article 11.2, Rental Certificate of ComDliance. of Chaptor 7, Building Repulatiol~, to provide for implementation of the Rental Certificate of Compliance Program; and amend the City's Fee Compendium to be consistent with terms of the Rental Certificate of Compliance Program. (For full text, see report on file in the City Clerk's Office.) Mr. Clark presented a summary of the proposed rental inspection program. 557 t John C. Ke.pisy, Acting Coordinator, Roanoke Property Investors Association, advrsed that he sewed on two co_m. mittees to help bring the draft program to a workable form, i.e.: the C~ty of Roanoke Rental Inspection Workshop Committee and the Roanoke Property Investors Association Drafting Committee. He stated that he has reviewed the draft on numerous occasions, and overall, it is a workable document; however, there ara several minor changes that cccd to be made and at least one major deletion to Section 7-42, Display of Cerdficates, which provides as follows: (a) Any certificate of compliance, temporary waiver of compliance certificate, or certificate of exemption, shall be adhered conspicuously to or near the main entrance of any dwelling or dwelling unit so that the same may be viewed from the exterior of the dwelling or dwelling unit. (b) No person may remove, obscure, deface or alter, a certificate of compliance, temporary waiver of compliance certificate, or certificate of exemption, in whole or in pert, without written permission of the City Manager. Mr. Kepley advised that in this computer age, the display of cerdflcates is not only an obsolete way of handling the list of inspected houses, but it is unsightly and discriminatory to residents of rental property, and thus, the section should be deleted from the ordinance. He called attention to certain minor items that should be reviewed prior to adoption of the ordinance. (Mr. Kepley did not identify the minor points of contention.) Martin D. Jeffrey, representing the Board of Directors of Total Action Against Poverty, applauded the City Council's and the City Administration's commitment to the development, implementation, and funding of the Rental Inspection Program. He offered the assistance of TAP"a staff to help with implementation and community education. William D. Poe, representing the Roanoke Regional Housing Network, appeared before Council in support of the Rental Inspection Program which is a step forward and expressed appreciation to the City for allowing the Regional Housing Network to offer input into the program. 558 Mr. Frank D. Roupes, t841 Warrington Road, S. W., advised that he appeared before Council at the request of several property owners with regard to discourteous treatment by City building inspectors. He stated that the City should be careful not to give too much authority to building inspectors over local property owners. Following discussion of the matter, it was the consensus of Council that the concerns expressed by Mr. Kepley with regard to Section 7-42, Display of Certificates, and certain other minor modifications, would be referred to the City Manager for further study and report to Council st its regular meeting on Monday, June 3, 1996. ITEMS RECOMMENDED FOR ACTION: BUDGET-HOUSING/AUTHORITY-PUBLIC WORKS-GRANTS: The City Manager submitted a written report with regard to Amendment No. 1 to the Community Development Block Grant (CDBG) Agreement and Amendment No. t to the HOME Investment Partnerships Program (HOME) Agreement with the Roanoke Redevelopment and Housing Authority, advising that the U. S. Department of Housing and Urban Development's HOME Cash Management System procedures have prevented draw-downs by the Treasurer's Office to reimburse the City for payments made to the Housing Authority for ite HOME activity delivery costs; HOME-funded delivery costs cannot be set up in a general account for draw-down as needed, rather, each individual HOME project (specific address) must be set up to include only those delivery and other costs applicable to the project, and further, HOME funds can only reimburse delivery costs which are associated with completed projects. It was further advised that in order to avoid disruption in housing services to the community, the City has temporarily used General Fund monies to pay the Housing Authority's delivery costs while considering HOME-and/or CDBG-funded alternatives which could allow the draw- downs to proceed; resolution of the problem will require charging the Housing Authority's HOME delivery costs to CDBG funds; and amendments are needed to the CDBG and HOME agreements with the Housing Authority in order to: increase funding in the Housing Authority CDBG accounte by $t60,929.00, the amount needed for HOME activity delivery costs; 559 ACTION: decrease funding in the Housing Authority HOME accounts by $t60,929.00, the amount budgeted for HOME activity delivory costs, which funds will become available for other housing relatsd activities; and adjust CDBG and HOME accounts appropriate to record revenues and disbursements for HOME activity delivery costs. The City Manager recommended that he, or the Assistant City Manager, and the City Clerk be authorized to execute and attest, respectively, Amendment No. 1 to the Community Development Block Grant Agreement and Amendment No. 1 to the HOME Agreement with the Roanoke Redevelopment and Housing Authority, in a form to be approved by the City Attorney; and authorize transfers of funds as outlined in Attachment 3 to the City Manager's report. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (~/32941-052096) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 377.) Mr. White moved the adoption of Ordinance No. 329414)52096. The motion was seconded by Dr. Butler and adopted by the following vote: and Mayor Bowers NAYS: Nono (Council Member Bowles was absent.) AYES: Council Members Butler, McCadden, Parrott, White, Wyatt 6. 560 ACTION: Mr. INhite offered the following resolution: (~32942.052096) A RESOLUTION authorizing execution of amendments to the Community Development Block Grant and HOME contracts with the City of Roanoke Redevelopment and Housing Authority for the administration of the HOME Investment Partnerships Program. (For full text of Resolution, see Resolution Book No. 58, page 380.) Mr, INhito moved the adoption of Resolution No. 32942-052096. The motion wes seconded by Dr. Butler and adopted by the following vote: AYES: Council Members But]er, McCadden, Parrott, White, Wyatt and Mayor Bowers ... 6. NAYS: None 0. (Council Member Bowles wes absent.) CITY CODE-ZONING-TAXES-NEIGHBORHOOD ORGANIZATIONS- SPECIAL PERMITS-WRABA: The City Manager submitted a written report advising that Special Service Districts may be established by local governments, pursuant to Section t5.1-18.3, Code of Virginia (t950), as amended, to provide additional or more complete services of govemment than are being offered uniformly throughout the City as a whole; and the Williamaon Road Area Service District was established by Council on May 24, t993, pursuant to Ordinance No. 31472-052493. It was further advised that the effectiveness of the tax program for the Williamaon Road Area Service District is to be reviewed by Council prior to July 1, 1996, pursuant to the abovereferenced ordinance; at which time, Council shall, in its discretion, decide whether to continue the tax program, and if Council elects to continue the program, Council shall establish the appropriate rate of taxation; the term of the Service District Services Agreement was for one year, commencing July 1, 1993 and ending June 30, 1994, to be automatically extended on each July, commencing July 1, 1994, for one year until June 30, 1996, at which time the Agreement shall terminate; the Williamson Road Area Business Association, Inc., has requested that Council adopt a new measure to enter into a new Service District i 561 ACTION: Services Agreement on eubetentially similar terms as the prior agreement for a total ten-yesr period, commencing July 1, 1996, the term of thie Agreement shall be fur a one year term initially, and automatically extended annually on each July, commencing July 1, t997 and until June 30, 2006, at which time the Agreement shall terminate. The City Manager recommended that Council authorize continuation of the Williamson Road Area Service District additional tax as provided fur in Section 32-103.1, Cede of the City of Roanoke (1979), as amended; and execution of a new Willismeon Road Area Service District Services Agreement between the City and the Williamson Road Area Business Association, Inc. (For full text, see report on file in the City Clerk's Office.) Mr. McCedden offered the following emergency ordinance: (#32943-052096) AN ORDINANCE amending and reordaining ~32- 102.3(a), ~ §32-102.4, Other Powers and Duties. §32- t03.3(a), ~ and §32-103.4, Other Powers and Duties. of the Code of the City of Roanoke (1979), aa amended, so that the references in those sections to the Code of Virginia will conform with the current numbering of the Code of Virginia; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 381.) Mr. McCadden moved the adoption of Ordinance No. 32943- 052096. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, Wltite, Wyat~ and Mayor Bowers 6. NAYS: None 0. (Council Member Bowies was absent.) 562 ACTION: Mr. McCadden offered the following emergency ordinance: (f/32944-052096) AN ORDINANCE authorizing continuation of the additional tax on real property and improvements located in the Williamson Road Area Service District as defined by Section 32-103.2 of the Code of the City of Roanoke (t979), as amended, and further authorizing a certain agreement to be entered into with the Willismson Road Area Business Association, Inc. (WRABA) for an initial term of one year commencing July 1, t996, and for nine successive one year terms, to provide that WRABA shall act on behalf of the City to foster economic advancement and development of the Williamson Road Area Service District previously created by City Council; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 383.) Mr. McCadden moved the adoption of Ordinance No. 32944- 052096. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: Nono .. 0. (Council Member Bowles was abssnL) HUMAN DEVELOPMENT-HOUSING/AUTHORITY-GRANTS- HABITAT FOR HUMANITY: The City Manager submitted a writ~n report advising that the Vacant Lot Homesteading Program is an ongoing program that provides funds to reimburse some of the expenses of building new houses on vacant lots and selling the houses to Iow- moderate income households within older areas of the City; Council adopted Ordinance No. 32525-062695 providing $20,000.00 in Community Development Block Grant (CDBG) funds available in Account No. 035-095-9520-5t 04 for Vacant Lot Homesteading Program activities; Habitat for Humanity in the Roanoke Valley has completed projects potentially eligible for reimbursement under the Vacant Lot Homesteading Program at 819, 825, 831, and 837 Kellogg Avenue, N. W., 2019 Moorman Road, N. W., 1430 Salem Avenue, S. W., and 1701 563 ACTION: Chapman Avenue, S. W.; and execution of an agreement with Habitat for Humanity in the Roanoke Valley is necessary to provide reimbursement for the projects in accordance with CDBG regulations and Vacant Lot Homesteading Program requirements. The City Manager recommended that he, or the Assistant City Manager, be authorized to execute and that the City Clerk be authorized to attest the agreement with Habitat for Humanity in the Roanoke Valley, in s form to be approved by the City Attorney, to provide for reimbursement of certain costs, upon completion and sale of identified properties under the Vacant Lot Homesteading Program. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (f~32945-052096) A RESOLUTION authorizing the City Manager to execute an agreement with Habitat for Humanity in the Roanoke Valley, to provide funding for reimbursement of expenses associated with construction of seven new houses on seven lots under the provisions of the Vacant Lot Homesteading Program, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 58, page 385.) Ms. Wyatt moved the adoption of Resolution No. 32945-052096. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: Nono 0. (Council Member Bowies was abeenL) INSURANCE-SPECIAL PERMITS-SPECIAL EVENTS-FESTIVAL IN THE PARK: The City Manager submitted a written report advising that Roanoke Festival in the Park, Inc., conducts the largest annual outdoor event in the City; a three-year contract was negotiated in 1993 that covered t993, 1994 and 1995 festivals which specified obligations by both Festival in the Park and the City which has now expired; 1996 564 ACTION: Festival in the Park is scheduled to begin on May 23, 1996 and conc. lude on June 2, t996; and. the proposed co. ntract retains the t! i of $,15,000.00 per year ,n City su.pport, which includes labor, I m~xlmum utilities and equipment rental fees, and ,s similar to the three year I contract approved in 1993, but more detailed in expectations by both involved parties. The City Manager recommended that he be authorized to execute the proposed contract with Festival in the Park, 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. White offered the following resolution: (~32946-052096) A RESOLUTION authorizing the City Manager to execute an agreement with Roanoke Festival in the Park, Inc., upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 58, page 386.) Mr. White moved the adoption of Resolution No. 32946-052096. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, and Mayor Bowers .. 5. NAYS: None 0. (Council Member Bowies was absent.) (Council Member Wyatt was out of the Council Chamber.) BUDGET-REFUSE COLLECTION-CMERP-RECYCBNG-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 recyclablea hauler to continue implementation of the City's Recycling Program; and bids were received on March 27, 1996, and publicly opened and read in the Office of the Manager of Supply Management; whereupon, the City Manager recommended that Council concur in the following actions: 565 accept the lowest bid, submitted by Wilbar Truck Equipment, Inc., for one new recyclablss hauler cab/chassis and body and one new recyclablss hauler body to be mounted on existing cab/chassis, at a total cost of $120,081.40; transfer $120,08t.40 from Capital Maintenance and Equipment Replacement Program to Fleet Management Account No. 017-052-2642-9010; and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Dr. Buffer offered the following emergency budget ordinance: (~32947-052096) AN ORDINANCE to amend and reordain certain sections of the t995-96 General and Fleet Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 386.) ACTION: Dr. Buffer moved the adoption of Ordinance No. 32947-052096. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Buffer, McCadden, Parrott, White and Wyatt 5. NAYS: None 0. (Council Member Bowies was absent.) (Mayor Bowers abstained from voting.) Dr. Buffer offered the following resolution: (#32948-052096) A RESOLUTION accepting the bid for the purchase of one new Recyclablee Hauler, cab/chassis and body and one new Recyclablss Hauler body from Wilbar Truck Equipment, Inc., upon certain terms and conditions; and rejecting all other bids made for such items. (For full text of Resolution, see Resolution Book No. 58, page 388.) 566 ACTION: Dr. But/er moved the adoption of Resolution No. 32948-052096. The motion wes seconded by Mr. Pawott and adopted by the following vote: AYES: Council Members But/er, McCadden, Parrott, White and Wyatt 5. NAYS: Non= O. (Council Member Bowioswas absent) (Mayor Bowers abstained Mom vot/ng.) BUDGET-POLICE DEPARTMENT-REFUSE COLLECTION-PUBLIC WORKS-CMERP-FLEET MAINTENANCE FUND-EQUIPMENT-STREETS AND ALLEYS: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified vehicle replacement needs for various deparb.ents; and bids were received and publicly opened in the Office of the Manager of Supply Management on February 2, 1996; whereupon, the City Manager recommended that Council concur in the following actions: accept the lowest bids and authorize issuance of purchase orders for the following equipment: one new eight passenger window van from Farrell Ford-Pontiac, Inc., at a total cost of $t6,985.00; two new cab/chassis for refuse bodies from Highway Motors, Inc., at a total cost of $103,220.00; two new refuse bodies from Mid-State Equipment Co., at a total cost of $52,500.00; two new ten-ton dump bodies from Cavalier Equipment Co., at a total cost of $15,218.66 transfer $187,923.66 from Capital Maintenance and Equipment Replacement Program to Fleet Management Account No. 017-052-2642-9010; and 567 ACTION: ACTION: reject all other bids received by the City (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~/32949-052096) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Generel and Fleet Management Fund Appropriations, end providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 389.) Mr. Panott moved the adoption of Ordinance No. 32949-052096. The motion was seconded by Mr. McCadden end adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White and Wyatt NAYS: None 0. (Council Member Bowies was absenL) (Mayor Bowers abstained from voting.) Mr. Parrott offered the following resolution: (~32950-052096) A RESOLUTION accepting bids for the 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. 58, page 390.) Mr. Parrott moved the adoption of Resolution No. 32950-052096. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White and Wyatt 5. NAYS: None ..... 0. (Council Member Bowles was absent.) (Mayor Bowere abstained from voting.) 568 ACTION: POLICE DEPARTMENT-COMMISSIONER OF REVENUE- MC.ENSES: The City M. anager su..bm!tted, written report advising that dunng its 1993 Seas,on, the Virginia General Assembly amended Section 46.2-752, Code of Virginia (t950), as amended, to permit formation of regional compacts for reciprocal enforcement of vehicle license decal requirements; and the Director of Public Safety, Police Chief, Commissioner of the Revenue, and City Treasurer, working with their counterparts from Roanoke County, City of Salem and Town of Vinton, with the assistance of corresponding legal offices, have developed a proposed regional compact. It was further advised that participants in the present agreement consider the first full year's results to be beneficial in increasing decals sold and related revenues, including personal property taxes; the Counties of Botatourt and Franklin have approved, or are in the process of approving, inclusion in the regional decal enforcement compact; and decal enforcement is performed as a segment of routine motor vehicle stops for other driving or regulatory infractions. The City Manager recommended that he be authorized to enter into a compact with any other locality which authorizes such compact and enact companion measures necessary for enforcement of the regional compact which will enable police officers in the City of Roanoke to enforce ordinances of compact members and vice versa, such compact to be effective July 1, 1996. (For full text, see report on file in the City Clerk's Office.) Dr. Butler moved that the following ordinance be placed upon its first reading: (#32951) AN ORDINANCE authorizing an agreement with other regional govemmente to effectuate regional enforcement of vehicle decal ordinances. (For full text of Ordinance, see Ordinance Book No. 58, page 398.) The motion was seconded by Mr. W~ite and adopted by the following vote: Ii 569 AYES: Council Members Butler, McCadden, Parrott, White, Wyatt and Mayor Bowers ~. NAYS: Nono O. (Council Member Bowies was absent.) REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ACTION: PARKS AND RECREATION-NEIGHBORHOOD ORGANIZATIONS- YOUTH: Ordinance No. 32900 authorizing the City Manager to enter into an agreement authorizing the Northwest Recreation Club to construct a permanent addition to an existing stnJcturs at the Westside ballfield behind the existing baseball backstop, to be constructed of such materials and design as may be approved by the City Manager, or his designee, and the Supervisor of Building Operations for the Roanoke City Public Schools, prior to commencement of any construction, having previously been before the Council for its first reading on Monday, May 6, 1996, 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: (#32900-052096) AN ORDINANCE authorizing the City Manager to enter into an agreement authorizing the Northwest Recreation Club to construct a permanent addition to an existing structure at the Westeide bellfield, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 58, page 372.) Mr. McCadden moved the adoption of Ordinance No. 32900- 052096. The motion was seconded by Mr. Parrott and adopted by the following vote: 57O ACTION: AYES: Council Members Butler, McCedden, Psrmtt, White, Wyatt and Mayor Bowers 6. I NAYS: None 0. (Council Member Bowles was absent.) EASEMENTS-DONATIONS/CONTRIBUTIONS-PUBLiC WORKS- WATER RESOURCES-VALLEY VIEW MALL: Ordinance No. 32912 providing for dedication of a certain waterline and waterline easement across property located at or near Valley View Mall in the City of Roanoke and owned by Sears, Roebuck & Co.; Valley View Associates Limited Partnership; Nero Valley View Associates, Ltd.; and Wal-Mart Stores, Inc., as more particularly described in a report of the Water Resources Committee dated May 6, 1996, having previously been before the Council for its first reading on Monday, May 6, 1996, 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: (~329t2-052096) AN ORDINANCE authorizing acceptance of the dedication of a certain .w..aterline easement across property located at or near Valley View Mall ,n .the City of. Roanoke: and owned b.y Sears, Roebuck and Co.; Valley V,ew Assoc,atee Limited Partnership; Nero Valley View Associates, Ltd.; and Wal-Mart Stores, Inc., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 58, page 374.) Mr. White moved the adoption of Ordinance No. 32912-052096. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: None 0. (Council Member Bowles was absent.) 571 ACTION: EASEMENTS-APPALACHIAN POWER COMPANY-CITY PROPERTY-JUVENILE CORRECTIONAL FACILITIES-UTILITIES-WATER RESOURCES: Ordinance No. 32913 providing for dedication ora public utility easement to Appalachian Power Company across City-owned property at Coyner Springs for the purpose of upgrading existing overhead electric power lines and the relocation of poles along Va. Routs 660, and the vacation by Appalachian Power Company of unused portions of an existing public utility easement, all as more parffculaHy described in a report of the Water Resources Committee dated May 6, 1996, having previously bccn before the Council for its first reading on Monday, May 6, t996, read and adoptsd on its first reading and laid over, wes again before the body, Ms. Wyatt offering the following for its second reading and final adoption: (#32913-052096) AN ORDINANCE authorizing dedication of a certain public utility easement to Appalachian Power Company, and vacation by Appalachian Power Company of certain portions of an existing public utility easement across City-owned property Iocatsd at Coyner Springs, upon certain tsrms and conditions. (For full tsxt of Ordinance, see Ordinance Book No. 58, page 375.) Ms. Wyatt moved the adoption of Ordinance No. 32913-052096. The motion was seconded by Mr. Whits and adoptsd by the following vots: AYES: Council Members Buffer, McCadden, Parrott, Whits, Wyatt and Mayor Bowers 6. NAYS: None.. 0. (Council Member Bowies was absent.) PARKS AND RECREATION-CITY PROPERTY-LEASES-BLUE RIDGE PUBLIC TELEVISION-WATER RESOURCES: Ordinance No. 32914 authorizing a new lease with Blue Ridge Public Television, for five acres of City-owned property in Fishburn Park, for a tsrm of five years, at a rats of $1.00 par year, upon certain tsrms and condiffons, as more particularly described in a report of the Watsr Resources Committee datsd May 6, 1996, having previously been before the Council for its first reading on Monday, May 6, t996, 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: 572 (~32914-052096) AN ORDINANCE authorizing and providing for the lease by the City of five a?ss of Ci.ty-owne. d.property in Fiehbum Park (the "Property") to Blue R;dge Publ,c Televmlon, subject to certain terms and conditions. ACTION: ACTION: (For full text of Ordinance, see Ordinance Book No. 58, page 375.) Ms. Wyatt moved the adoption of Ordinance No. 32914-052096. The motion was seconded by Dr. Buffer and adopted by the following vote: AYES: Council Members Buffer, McCadden, Parrott, White, Wyatt and Mayor Bowers ... 6. NAYS: None ...... 0. (Council Member Bowles was absent.) COUNCIL: Mr. Parrott offered the following resolution changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:30 p.m., on Monday, June 3, t996, to t2:00 noon, on Monday, June 3, 1996, at the Vinton War Memorial, 8t4 East Washingto.n. Avenue, Vinton, Virginia, .with the .2:00 p.m7 session of the Counc,I on the same date to be held in the C,ty Counc,I Chambers, 215 Church Avenue, S. W.: (tt32952-052096) A RESOLUTION changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:30 p.m., on Monday, June 3, 1996. (For full text of Resolution, see Resolution Book No. 58, page 391.) Mr. Parrott moved the adoption of Resolution No. 32952-052096. The motion was seconded by Mr. White and adopted by the following vote: and Mayor Bowers ...... NAYS: None (Council Member Bowles was absent.) AYES: Council Members Buffer, McCadden, Parrott, White, Wyatt 6. O# 573 ACTION: ACTION: MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Ms. Wyatt commended Justin Marllss, tan-year old son of John R. MaHlee, Chief of Planning and Community Development, who placed 23rd in the Unitad Staatas and first in his division in the nation in the Chess Program sponsored by the Roanoke City Public Schools. BUDGET-COUNCIL: Mr. Parrott moved that Council reconsider its action rslaffve to Resolution No. 329354)51396 adoptad on Monday, May 13, 1996, which increased the salaHee of the Mayor and Members of City Council, and that the matter be tabled until the regular meeting of Council on Monday, June 3, 1996. The motion was seconded by Ms. Wyatt and adoptad. OTHER HEARINGS OF CITIZENS: None. At 4:15 p.m., the Mayor declared the meeting in recess. At 5:15 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Bowies. COUNCIL: With respect to the Executive Session just concluded, Dr. Buffer 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 idenfffied 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 adoptad by the following vota: AYES: Council Members Buffer, McCadden, Parrott, Whita, Wyatt and Mayor Bowers 6. NAYS: None 0. (Council Member Bowies was absent.) 574 ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor adv!eed that the terms of office of Sherman A. Holland, Thomas H. Miller, J. S~phen .S. hepard, and Carely.n L. Word aa members of the Youth Sew,cee Citizen Board will expire on May 3t, 1996, and called for nominations to fill the vacancies. Mr. Parrott placed in nomination the names of .She. rn~..a? A.. Holland, Thomas H. Miller, J. Stephen Shepard, and Carolyn g woro. There being no further nominations, Messrs..Holland., M. ilia. r; an..d Shep. hard .a..nd Ms. Word were reel.e, cted as metal]ers o! me Yo.um Sew~css Ci'dzen Board, for terms ending May 31, 1999, by the following vote: FOR ME.S. SRS. HOLLAND, MILLER AND SHEPARD AND MS. WORD: Council Members Butler, McCadden, parmtt, White, Wyatt ansd' Mayor Bowers (Council Member Bowies was absent.) EASEMENTS-FRANCHISES-ROANOKE GAS COMPANY: Mr. White moved that public notice be given as re.q. uired by law ~at bi.d_s will be received in open session of the Councd on Monday, dune 1996, for the award of a 20-year franchise to us..e ~e p.ublic right-of-way for .c. onstruction and maintenance of a gas d,stribution system. The motion was seconded by Dr. Butler and adopted, Council Member Parrott abstained from voting. At 5:20 p.m., the Mayor declared the meeting in recess until 7:00 At 7:00 p.m., the Roanoke City Council reconvened in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Vice-Mayor White presiding: Council Members Wendell H. Butter, Oelvis O. H. Parrott, Linde F. Wyatt and Vice-Mayor 5. PRESENT: McCadden, John William White, Sr. ABSENT: Council Member Elizabeth T. Bowies and Mayor David A. Bowers- 2. 575 OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilbum C. Dibling, Jr., City Attorney; Michael R. Crew, Manager of Accounting Services; and Mary F. Parker, City Clerk. The reconvened meeting wes opened with a preyer by Vice- Mayor White. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor White. PROCLAMATIONS-YOUTH: The Vice-Mayor presented a Proclamation declaring Saturday, June 1, 1996, as "Stand for Children Day" in the City of Roanoke. (For full text, see Proclamation on file in the City Clerk's Office.) ACTS OF ACKNOWLEDGEMENT-COUNCIL-VA AMATEUR SPORTS/COMMONWEALTH GAMES: Kenneth C. King, Jr., Member, Directors, Virginia Commonwealth Games, advised that on July 12 - 14, 1996, 9,000 athletes will converge on the Roanoke Valley, competing in 42 sports activities. He explained that the Roanoke Valley is the keystone of this event which is a Statewide attraction, and Roanoke Valley sports facilities are unparalleled throughout the Commonwealth of Virginia for the number, diversity, and quality. On behalf of the Virginia Commonwealth Games, he presented each member of Council with a tae-shirt commemorating 1996 activities and a copy of the athlete information booklet. HEARING OF CITIZENS UPON PUBLIC MATTERS: 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, May 20, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Michael W. Wells to amend certain proffered conditions in conjunction with the rezoning of a parcel of land located at 3904 Virginia Avenue, N. W., identified as Official Tax No. 2761409; and that a 0.5-acre tract of land 576 ACTION: located at the rear of property identified as Official Tax No. 2761421 and fronting on Virginia Avenue, be rezoned 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 on Friday, May 3, 1996, and Friday, May 10, 1996, and in the Roanoke Tribune on Thursday, May 9, 1996. (See publisher's affidavits on file in the City Clerk's Office.) A communication from Mr. Wells requesting that the matter be postponed for 90 days was before Council. (For full text, see communication on file in the City Clerk's Office.) Dr. Butler moved that the public hearing be continued for a period of 60 days. The motion was seconded by Mr. McCadden. Ms. Wyatt expressed concern that the matter has been pending for at least six months; whereupon, Mr. Wells advised that his reason for requesting a continuation is to provide sufficient time to hire another attorney since his present attorney could not attend the Council meeting this evening. The motion to continue the public hearing for 60 days was lost by the following vote: AYES: Council Members Butler and McCadden NAYS: Council Members Parrott, Wyatt and Vice-Mayor White-3. (Mayor Bowers and Council Member Bowles were absenL) Upon question, the City Attomey ruled that Council could proceed with the public hearing this evening; however, Mr. Wells had the option of withdrawing the request with the understanding that the petition could not be resubmitted for consideration by Council for a period of 12 months; whereupon, Mr. Wells expressed the desire to continue with the public hearing as advertised. 577 A report of the City Planning Commission advising that the purpose of the request for rezoning is to permit the expansion of an existing automobile cleaning facility currently located in an existing garage at the rear of Official Tax No. 2761409 and to eliminate several proffered conditions limiting the size of the business and the amount of signage permitted on the property, was before Council. The City Planning Commission recommended denial of the request, and advised that the existing proffered conditions restricting the size of the business and signage are appropriate given the location of the business operation near a residential neighborhood. (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: "AN ORDINANCE to amend Sec§one 36.t-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 276, Sectional 1976 Zone Map, City of Roanoke in order to amend certain conditions presenting binding upon certain property previously conditionally rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, and to rezone certain other property within the City, from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant." The motion was seconded by Ms. Wyatt. Mr. Wells appeared before Council in support of his request and advised that he would like to construct a two bay garage to provide more space to operate his car cleaning facility. He stated that he has attempted to rent another facility, but the rent is too expensive. The Vice-Mayor inquired if there were persons present who would like to be heard in connection with the matter; whereupon, David H. Mitchell, 3910 Virginia Avenue, N. W., owner of property adjacent to Mr. Wells' property, spoke against the expansion of the facility. He expressed concern with regard to the resale value of his property if the request is granted, traffic congestion, and noise. 578 Ms. Betty McCormick, 3826 Virginia Avenue, N. W., expressed concem with regard to noise, hours of operation, disruption of traffic on Wsste~de Boulevard so that veh!cles may exit the car wash, deterioration of the neighborhood setting as more businesses locate in the area, and depreciation of property values. Ms. Julie McCormick, 3826 Virginia Avenue, N. W., expressed concern with regard to the lack of sufficient parking space for vehicles serviced by Mr. Wells business, damage to her privacy fence by cars parked by Mr. Wells, and a potentially dangerous traffic situation caused by vehicles parked on Wssteide Boulevard. Mr. Paul F. Snodgrass, 3914 Virginia Avenue, N. W., expressed concern with regard to traffic congestion and hours of operation which should be limited to 8:00 a.m. to 5:00 p.m. Following discussion of the request, Ms. Wyatt offered a substitute motion that the matter be referred back to the City Planning Commission for further study, report and recommendation to Council. The substitute motion was seconded by Mr. Parrott and adopted, Mr. McCadden voting no. 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 20, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Douglas E. Caton that a po~on of Official Tax No. 7090506, located on U. S. Route 460 East (Orange Avenue, N. E.) zoned C-2, General Commercial District, and a portion of Official Tax No. 7090501, located on King Street, N. E., and zoned RS-3, Residential Single-family District, be rezoned 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 ~ on Friday, May 3, 1996, and Friday, May 10, t996, and in the ~]9~..T.i:ibM~ on Thursday, May 9, 1996. (See publisher's affidavits on file in the City Clerk's Office.) 579 ACTION: A report of the City P!anning Commission advising that the purpose of the request for rezoning is to permit the construction of a 248 unit multi-family garden style apei'b,ent community on a 17.56 acre tract identified as a portion of Official Tax No. 7090506, which is adjacent to Phase I and Phase II of existing Hickory Woods Ape,;,.ents, was before Council. The City Planning Commission recommended approval of the request for rezoning, which is a logical extension of the existing RM-2, Residential Multi-family, Medium Density District zoning, and is sensitive to existing neighborhood character, as well as consistent with the City's Comprehensive Plan. (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: "AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 709, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant." The motion was seconded by Mr. Parrott. The Vice-Mayor inquired if there were persons in attendance who would like to be heard in connection with the matter; whereupon, Ms. Virginia K. Rhodes, 3258 Richard Avenue, N. E., expressed appreciation to Mr. Helscher, City staff and City officials for addressing the concerns of residents. Ms. Linda H. Mann, 3334 King Street, N. E., adjacent property owner, expressed concem with regard to construction of an apa~b,,ent complex in the middle of a residential section, devaluation of her property and safety of persons using King Street. She asked that Council refer the matter back to the City Planning Commission to look at the real impact of the project on King Street, and called attention to unsafe traffic conditions in the area of Springtree Drive and Berkley Road. 580 Mr. Thomas C. Mann, 3334 King Street, N. E., expressed concern with regard to traffic conditions, narrow rough pavement, and a decrease in his property value if the request for rezoning is approved. David C. Helscher, Attorney, appeared before Council in support of the request of his client. Question was raised with regard to whether there are plans for improvements to King Street; whereupon, the Director of Public Works advised that at the time the small industrial development park was authorized in the area of King Street which includes Virginia Transformer, Council adopted a measure requesting the Virginia Department of Transportation to program a project for improvements to King Street and, unfortunately, that project has not been programmed to date due to lack of fonds and the City is sail requesting that the project be programmed. He further advised that there is an intersection improvement project at Springtree Drive and Berkley Road which has been authorized and funded by VDOT traffic safety funds, that will include adding a third lane to King Street at Berkeley Road to provide left turn storage for traffic turning onto Berkley Road, and the project is currently funded, designed, and in the right-of-way acquisition stage. Following considerable discussion of the request for rezoning, the ordinance was lost by the following vote: AYES: Council Member Butler NAYS: Council Members McCadden, Parrott, Wyatt and Vice- Mayor White 4. (Mayor Bowers and Council Member Bowles were absenL) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, t981, the City Clerk having advertised a public hearing for Monday, May 20, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Lawrence H. Logan, Sr., that a certain tract of land located at 701 Salem Avenue, S. W., identified as Official Tax No. 1111118, be rezoned from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by ate petitioner, the matter was before the body. 581 ACTION: Legal advertisement of the public hearing wes published in The Roanoke Times on Friday, May 3, 1996, and Friday, May 10, 1996, and in the ~ on Thursday, May 9, 1996. (See publisher's affidavits 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 nonconforming use into a zoning classification which will permit use of said structure as a neighborhood convenience store with one second-floor dwelling, was before Council. The City Planning Commission recommended approval of the request for rezoning, and advised that the propeeed rezoning will place an existing nonconforming structure and use into a conforming zoning district, and noted that the existing structure on the site is not suitable for industrial development. (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: (#32953) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 111, 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. 58, page 398.) The motion was seconded by Mr. Parrott. Lawrence H. Logan, Jr., appeared before Council in support of the request. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 32953 was adopted, on its first reading, by the following vote: 582 AYES: Council Members Butler, McCadden, Parrott, Wyatt and Vice-Mayor White. 5. NAYS: .... (Mayor Bowers and Council Member Bowles were absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 20, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Roanoke- Salem Business Center, L.L.C., that a portion of property identified as Official Tax No. 2761701, beginning at a point approximately 250 feet, more or less, south of Melrose Avenue, N. W., be rszoned from C-2, General Com.m.e.rc. ial District, to IPUD, Indus~al Planned Unit Development D,strict; property identified as Official Tax No. 2750101, fronting Polk Street, N. W., be rezoned from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District; and property identified ss Official Tax No. 2750102, fronting Michigan Avenue, N. W., be rezoned from RM-1, Residential Multi-family, Low Density District, to IPUD, Industrial Planned Unit Development 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 ~ on Friday, May 3, 1996, and Friday, May 10, 1996, and in the ~ on Thursday, May 9, 1996. (See publisher's affidavits 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 adaptive reuse of a 27.916 acre shopping center (Roanoke Salem Plaza) as a business center which will contain a mix of retail, office, research and light manufacturing uses, was before Council. The City Planning Commission recommended approval of the request for rezoning, and advised that the proposed rezoning will facilitate the adaptive reuse of the existing mall and is consistent with the City's Comprehensive Plan. (For full text, see report on file in the City Clerk's Office.) 583 ACTION: Ms. Wyatt moved that the following ordinance be placed upon its first reading: (~32954) AN ORDINANCE to amend Secffon 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 275 and 276, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 58, page 400.) The motion was seconded by Mr. McCadden. Roy V. Creasy, Attorney, appeared before Council in support of the request of his client. The Mayor inquired if there were persona present who would like to address Council with regard to the requeet for rezoning. There being none, Ordinance No. 32954 was adopted, on its first reading, by the following vote: AYES: Council Members Buffer, McCadden, Parrott, Wyatt and Vice-Mayor White 5. NAYS: 0. (Mayor Bowers and Council Member Bowles were absent.) CITY CODE-ZONING-PLANNING-SUBDIVISIONS-FEE COMPENDIUM: The City Clerk having advertised a public hearing for Monday, May 20, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City Planning Commission to amend Section 31-39, Fees for olat review, of Chapter 31, and Section 36.1-710, E~ of Chapter 36.t, Zonin_=. of the Code of the City of Roanoke (1979), as amended, to implement a Deferred Payment Program which will provide a deferred payment option to customers in the development community, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 3, 1996, and Friday, May 10, 1996, and in the Roanoke Tribune on Thursday, May 9, 1996. (See publisher's affidavits on file in the City Clerk's Office.) 584 A report of the City Planning Commission recommending that the Zoning Ordinance, specifically Section 36.1-7t0, be amended, to reference the new Deferred Payment Program and that the Subdivision Ordinance, specifically Section 31-39, be amended to reference said Program, was before Council. It was explained that the proposed amendments will help improve customer service to the City's development community by permitting certain services to be billed by the City st a later date. A report of the City Manager also recommending a Deferred Payment Program for permit fees, was before Council. (For full text, see reports on file in the City Clerk's Office.) Dr. Butler offered the following emergency ordinance: (~32955-052096) AN ORDINANCE amending and reordaining §31- 39, Fees for olat review, of Chapter 31, Subdivisions. and §36.1-710, Fees _oenerellv, of Chapter 36.t, ~ of the Code of the City of Roanoke (1979), as amended, to implement the Deferred Payment Program which will provide s deferred payment option to customers in the development community; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 392.) The motion was seconded by Mr. Parrott. The Vice-Mayor inquired if there were persons present who would like to address Council in connection with the matter. There being none, Ordinance No. 32955-052096 was adopted by the following vote: ACTION: Vice-Mayor W~ito NAYS: (Mayor Bowers and Council Member Bowles were absent.) AYES: Council Members Butler, McCadden, Parrott, Wyatt and 5. Mr. Parrott moved that the following ordinance be placed upon its first reading: 585 (#32956) AN ORDINANCE amending and reordaining Sections 7- 14, Permit and inspections fee~. of Article II, i).qJJldJJ]g_9~&~ of Chapter 7, Buildino Rea_ulations; 11-9, Same - Review and inspection fee. of Chapter 11, Erosion and Sediment Control; 26-4.1, ~ ~ of Article I, In General. of Chapter 26, ~ ~; and 30-62, Fee. of Division 2, Permit, of Article III, ~ of Chapter 30, Streets and Sidewalks, to provide an option for deferred payment of certain fees; and adding new Section 2- 178.2, Deferred Payment Pros_ ram. to Article VIII, ~ of Chapter 2, ~ of the Code of the City of Roanoke (1979), as amended, te establish procedures for s deferred payment program; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 58, page 401.) The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, Wyatt and Vice-Mayor White 5. NAYS: 0. (Mayor Bowers and Council Member Bowles were absent.) TAXES-LEGISLATION-SPECIAL PERMITS: The City Clerk having advertised a public hearing for Monday, May 20, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the Northwest Recreation Club, Inc., for adoption of a measure in support of tax-exempt status on real property located at 1529 Williamson Road, N. W., the matter wes before the body. Legal advertisement of the public hearing was published in The ~ on Sunday, May 12, 1996. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Manager advising that the Northwest RecreaUon Club, Inc., is the owner of certain real property located at 1529 Williamson Road, N. E., being Lots 6, 13, 14, and 15, Block 1, Survey No. 1, Oakland, Official Tax Nos. 3070707, 3070714, 3070715, and 3070716, which property has a real estate assessed value for 1995-96 of $273,800.00, with a real estate tax assessment of 586 ACTION: $3,367.72; and on February 22, 1996, the Northwest Recreation Club, Inc., petitioned Council requesting adoption of a measure in support of the organization obtaining tax exempt statue from the General Assembly on property located in the City of Roanoke, was before the body. The City Manager recommended that Council grant the request of the Northwest Recreation Club, Inc., thereby supporting its request to the 1997 Session of the Virginia General Assembly te be designated exempt from taxation, pursuant to Article X, Section 6(a)6 of the Constitution of Virginia. (For full text, see report on file in the City Clerk's Office.) James R. Cromwell, Attorney, appeared before Council in support of the request of his client. The Vice-Mayor inquired if there were persons in attendance who would like to address Council in connection with the matter. There being none, Mr. Parrott offered the following resolution: (#32957-052096). A RESOLUTION supporting tax exemption of property in the Cl~ of Roa.noke owned by Northwest Recreation Club, Inc., and used by it exclus,vely for charitable or benevolent purposes on a non-profit basis. (For full text of Resolution, see Resolution Book No. 58, page 394.) Mr. Parrott moved the adoption of Resolution No. 32957-052096. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butier, McCadden, Parrott, Wyatt and Vice-Mayor White 5. NAYS: (Mayor Bowers and Council Member Bowles were absent.) 587 TAXES-LEGISlATION-SPECIAL PERMITS: The City Clerk having advertised a public hearing for Monday, May 20, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of AMVETS - Post #40, for adoption of a measure in support of tax-exempt status on real pmporty located at 911 Tazewell Avenue, S. E., the matter was before Council. Legal advertisement of the public hearing was published in The ~ on Sunday, May 12, 1996. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Manager advising that AMVETS-Post #40 is the owner of certain real pmporty located at 911 Tazewell Avenue, S. E., at the southeast comer of Tazewell Avenue and Ninth Street, described as Official Tax Nos. 4112101 and 4112102, which has a real estate assessed value for 1995-96 of $175,600.00, with a real estate tax assessment of $2,159.88; and on November 16, 1995, AMVETS-Post #40 petitioned Council requesting adoption of a measure in support of the organization obtaining tax exempt status from the General Assembly on property located in the City of Roanoke, was before fl~e body. The City Manager recommended that Council grant the request of AMVETS-#40 thereby supporting its request to the 1997 Session of the Virginia General Assembly to be designated exempt from taxation, pursuant to Article X, Section 6(a)6 of the Constitution of Virginia. (For full text, see report on file in the City Clerk's Office.) Kenneth C. King, Jr., Attorney, appeared before Council in support of the request of his client. The Mayor inquired if there were pomons in attendance who would like to address Council in connection with the matter. There being none, Ms. Wyatt offered the following resolution: (#32958-052096) A RESOLUTION supporting tax exemption of property in the City of Roanoke owned by AMVETS-Post #40 and used by it exclusively for patriotic, charitable or benevolent purposes on a non-profit basis. (For full text of Resolution, see Resolution Book No. 58, page 396.) 588 ACTION: Ms. Wyatt moved the adoption of Resolution No. 32958-052096. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, Wyatt and Vice-Mayor White $' NAYS: O. (Mayor Bowers and Council Member Bowies were absent.) CITY CODE.TAXES-COMMISSIONER OF REVENUE- LEGISLATION-LICENSES: The City Clerk having advertised a public hearing for Monday, May 20, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to a proposed $50.00 issuance fee for a Business, Professional, and Occupational License, effective on and after January t, t997, the matter was before Council. Legal advertisement of the public hearing was published in The ~ on Sunday, May 12, 1996, and in the ~ on Thursday, May 16, t996. (See publisher's affidavits on file in the City Clerk's Office.) A report of the Director of. Finance advising that Business, Professional, and Occupational L,cense taxes (BPOL) are the fourth largest revenue so_ur.ce for the City of Roanoke,.generating _more. than six per cent of the C~ty's General Fund revenues, and for the nsca~ year ending June 30, 1997, BPOL taxes are expected to generate approximately $9.1 million in revenues, was before Council. It was further advised that House Bill 293, which was passed during the t996 Virginia General Assembly, adds uniformity fo the administration of the Business, professional, and Occupational License tax,. and provides that localities may ira. pose a fee for issuing a. bus~ness license, which legislation prowdss that the fee may not exceed $t00.00, based on the City of Roanoke's population, and by January 1, 2000, the fee shall not exceed $50.00; and the Bill further mandates that no tax rata be imposed on any business with gross receipts of $100,000.00 or less. 589 ACTION: The Director of Finance explained that the Code of the City of Roanoke must be amended to comply with requirements of House Bill 293; the provision that no tax rata be imposed on businesses with gross receipts of $t00,000.00 or less is mandat~l; an issuance fee will need to be established which may not exceed $t00.00 initially and $50.00 by January 1, 2000; legislation permits this issuance fee to be charged to all Business, Professional, and Occupational License taxpayers, not only those with gross receipts of $t00,000.00 or less; and based on studies performed regarding the effect of various issuance fees, it is proposed that a $50.00 issuance fee required for all businesses, would result in a revenue neutral situation for the City of Roanoke's BPOL tax. The Director of Finance recommended that the City Code be amended to comply with provisions of legislation adopted by the 1996 Session of the Virginia General Assembly and approved by Governor George F. Allen on April 6, 1996, which provides that, effective January 1, 1997, businesses with gross receipts of $100,000.00 or less shall not be charged a business license tax rata, and that an issuance fee of $50.00 be adopted that would be imposed upon all businesses subject to the Business, Professional, and Occupational License Tax. (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: (#32959) AN ORDINANCE amending Article I. In General and Article II. Business. Professional and Occupational License Taxation, of Chapter t9, ~ of the Code of the City of Roanoke (1979), as amended, by the addition of new Sections 19-1.1, Intent of this cha;)ter: levy and purpose of tax; 19-1.2, License rea_uirement: rea_uirin_a evidence of payment of business license, business ~erson=l property_, meals and admissions taxes; 19-1.3, E,]Lg_~;IJJg[~; 19-22.1, Limitations and extensions; 19-32.1, ~l~AJ~l]]~Q/JJZ]g~; 19-32.2, Situs of gross receipts: _aeneral rule; 19-32.3, A=;)ortionment of gross receints and agreements; by amending Sections 19-2, Definitions: 19-5, Appointment and _,eneral powers and duties of license inspector and deDuCes; t9-9, Separate license for each ;)lace and class of business; 19-11, AnDlication for license: a;);)licant's oath; 19-20, INhen tax ~)avable: installment payment: penalW for late esyment: re~)ort and 590 collection of delina_uenciee: t9-24, Term of license: ororatJon of tax; 19- 30, ~L~41&~L~; and 19-45, License tax cetea_orios end rates; by REPEALING Sections 19~,, I~, 19.-8, ~; 19- 10, Seoarste license for each .c!ess of buslnees; t9-13, ~ ~]~; 19-14, Tax not ImDosed contraw to state or federal law; and 19-15, Liability for tax 0enerallv: and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 58, page 405.) The motion was seconded by Ms. Wyatt. The Vice-Mayor inquired if there were persons in attendance who would like to address Council in connection with the matter; whereupon, John M. Stroud, President, The Regional Chamber, presented a communication under date of May 20, 1996, in opposition to the $50.00 BPOL issuance fee, and requested that Council support small business growth and not impose a BPOL tax fee greater than $30.00 which will place the City of Roanoke in a revenue neutral position. Cathy Caddy, Owner, The Bottom Line, presented a communication under date of May t3, 1996, in opposition to the $50.00 BPOL issuance fee, and urged that Council reject the proposal of the Director of Finance. II (For full text, see communications on file in the City Clerk's Office.) Ordinance No. 32959 was adopted, on its first reading, by the following vote: AYES: Council Members Butler, McCadden, Parrott, Wyatt and Vice-Mayor INhite 5. NAYS: ,.0. (Mayor Bowers and Council Member Bowles were absent.) ' I 591 OTHER HEARINGS OF CITIZENS: TAXES-SPECIAL PERMITS-FESTIVAL IN THE PARK: Pamela Wagner, Director of Development, Art Museum of Western Virginia, appeared before Council and requested that the Art Museum be exempt from payment of the license tax for the sidewalk art show fo be held on June I - 2, t996. Following a discussion of the matter, the City Manager advised that he would negotiate the type of agreement with the Art Museum of Western Virginia that would normally be submitted to Council for approval and recommend that which is in the best interest of the City, and if Council would like to give him that authority in conjunction with the City Attorney, he would negotiate the best possible contract. ACTION: Mr. McCadden moved that Council authorize the City Manager and the City Attomey to negotiate the appropriate contract with the Art Museum of Western Virginia for the sidewalk art show to be held on June 1 - 2, 1996. The motion was seconded by Ms. Wyatt and adopted. There being no further business, the Mayor declared the meeting adjourned at 9:25 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 592 TITLE TARGET 1. Agency/Office of Origin: CITY OF ROANOKE 2 Name/Title of Records: CITY COUNCIL MINUTES 3. Inclusive Dates of Records: VOLUME 84,, 6/1996- 12/1996 4. Date Filmed: / 5. Reduction Ratio: 16 X ** 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 V'lrginia as authorized by Sections 8.01-3~1; 15.16, 42.1- 82, 42.1-83 of the J~Jdt~lf~l~jfd& Signature of Records Custodian ~I ;...r'. o o Date REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL June 3,1996 12:00 noon A joint meeting of the Roanoke City Council and the Vinton Town Council was called to order at 12:00 noon, on Monday, June 3, 1996, atthe Vinton War Memorial, 814 East Washington Avenue, Vinton, Virginia, pursuant to Resolution No. 32952- 052096, Mayor David A. Bowers presiding. ROANOKE CITY COUNCIL MEMBERS PRESENT: Council Members Elizabeth T. Bowles, Delvis O. McCadden, John H. Parrott, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers 6. ROANOKE CITY COUNCIL MEMBERS ABSENT: Wendell H. Butler Council Member 1. OFFICERS PRESENT REPRESENTING ROANOKE CITY: 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 Sandre H. Eakin, Deputy City Clerk. VINTON TOWN COUNCIL MEMBERS PRESENT: Council Members Robert R. Altice, C. Buford Barton, Joseph L. Bush, Jr., and Mayor Charles R. Hill 4. VINTON TOWN COUNCIL MEMBERS ABSENT: William E. Obenchain, Jr.-1. OFFICERS PRESENT REPRESENTING TOWN OF VINTON: B. Clayton Goodman, III, Town Manager; Carolyn S. Ross, Town Clerk; Steve Wills, Assistant Town Attorney; and Shona Ringgenberg, Finance Director/Town Treasurer. The meeting was opened with a prayer by Vinton Mayor Charles R. Hill. Following lunch, the business portion of the meeting commenced at 12:45 p.m. Greenwavs: Mayor Bowers referred to the Greenways project, which is a regional effort between Roanoke City, Roanoke County and the Town of Vinton, with the first proposed area to be from Downtown Roanoke to the Mill Mountain Star. He advised that the City has funded its share of the cost for the Greenways Coordinator. H;~bitat for Humanity: . Mayor Bowers referred to the Habitat for Humanity project and stated it is a worthwhile program which has built affordable homes for the poor and dissdvanteged, mostly in the City of Roanoke; and the housing is welcome, needed infill housing. He urged the Town of Vinton to continue working with Habitet for Humanity to identify sites for homes in Vinton. Mayor Hill advised that the VintonTown Council will include this matter as an item of discussion on their agenda. TransDortatlon District: Mr. Herbert addressed the matter of a Transportation District in the Roanoke Valley and asked Stephen A. Mancuso, General Manager of Valley Metro, to provide an update on how Roanoke fits in with the rest of the State. Mr. Mancuso advised that the whole issue of a Trsnsportatlon District involves the loss of federal funding and the City began to look at new sources of funding to replace the lost funds; that the City went to the General Assembly and asked for authorization for a tax on the sale of fuel and the effort failed; that other areas in the State have sim. ilar initiaUves and failed also; that the Transportation Association will meet and rethink the matter and make plans to go before the General Assembly next year. He stated there is a study approved by the General Assembly to look at this issue and transportation in general; that current revenues are not sufficient to support the Valley Metro bus system; that the system had fifty percent of its funding cut from the federal government this year, and in two or three years the funds will go to zero. He stated that the loss of all federal funds will require the City to look for alternative sources of funding in order to maintain the current level of services. Mr. Herbert stated that Valley Metro will continue to provide the same level of service to Vinton and requested that the Town of Vinton support the City of Roanoke in its efforts. Mayor Hill advised that the Town of Vinton will contact Mr. Mancuso for more information regarding Vinton ridership and other matters relating to the bus service. Hiaher Education Center: Mayor Bowers addressed the matter of a Higher Education Center proposed for Downtown Roanoke and recognized Vice-Mayor William White, Sr., for a briefing on the matter. 3 Mr. White advised that the Higher Education Center concept is a center that would benefit all citizens in the Roano.ke Valley; that Senator John S. Edw.ards ..w. as instrumental in getting the discussion started about the concept; it is still a conceptual project; the concept is to have a central location where the higher education needs of the Valley are met; and he requested that the officials of the Town of Vinton provide support and input for the concept. Mayor Hill ag~cd that the Roanoke Valley is long overdue in four-year degree training and the higher education system, and stated he believes all the Valley governments should work together to bring this about. EmDIovee Health Care: Mayor Bowers advised there is an administrative team comprised of representatives from Roanoke City and Roanoke County working towards studying the cost of combining the employee health care systems, and invited the Town of Vinton to participate. Mayor Hill advised that the Vinton Town Manager has been informed of the progress and it is his understanding that at the appropriate time Bob Herbert and Elmer Hodge will notify the Town of Vinton of the necessary details. Re_aional SPorts AuthoritY: Mr. McCadden advised that he believes one thing the Valley needs to promote in addition to citizen activity and tourism is a Regional Sports and Recreation Authority; he believes the need exists to bring recreational events in as a regional effort; and he will ask the local governments to support the effort by providing funding for it. He stated it is time for the Roanoke Valley to look to the future from the standpoint of entertaining the citizens as well as the tourism standpoint. TpwnlCitv Entranceways: Mr. Bush referred to the condition of the entrances and exits between the Town of Vinton and the City of Roanoke, and stated that he is concerned about the impression the entranceways make to tourists on their way to Smith Mountain Lake, the Parkway or other destinations; and the Town is looking into ways to improve the entrances to the Town and the City to make a good impression. He specifically refened to the condi~on of the paving and bridge near Precision Fabrics Group, Inc., and the paving near Thrasher Park on Gus Nicks Boulevard; and encouraged the Town and the City to work together to improve the entrances leading into and from the City of Roanoke and the Town of Vinton. Mayor Hill requested that the City Manager and the City's Director of Public Works work with the Town Manager to address this issue, including the areas of Walnut Avenue, Gus Nicks Boulevard, Wise Avenue and Route 24. Mayor Hill expressed appreciation to the Mayor and Members of City Council for their willingness to meet with the Vinton Town Council, and suggested that the two bodies continue to meet on a quarterly basis. Mayor Bowers expressed appreciation to Mayor Hill and the Members of Vinton Town Council for their hospitality. HEARINGS OF CITIZENS UPON PUBLIC MATTERS: None. At 1:30 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., the Roanoke City Council meeting reconvened in the Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance: PRESENT: Council Members Elizabeth T. Bowies, Delvis O. McCadden, John H. Parrott, William White, Sr., Linde F. Wyatt and Mayor David A. Bowers 6. ABSENT: Council Member Wendell H. Butler .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; Sandra H. Eakin, Deputy City Clerk; Robert H. Bird, Municipal Auditor; and Willard N. Claytor, Director of Real Estate Valuation. 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. ACTION: ACTION: The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for an Executive Session to discuss a personnel matter, being the appointment of a person to fill the unexpired term of the City Treasurer; 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 Council held on Monday, March 4, t996, and Monday, March 18, 1996, were before the body. (For full text, see minutes on file in the City Clerk's Office.) Mrs. Bowies 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 Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: None ...... (Council Member Butler 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 the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, sss 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 ACTION: committees appointed by the Council, pursuant to Section 2.1-344 (A)(t), Code of Virginia (1950), es amended. The motion was seconded by Mr. McCedden and adopted by the following vote: AYES: Council Members Bowies, McCadden, Parrott, White, Wyatt and Mayor Bowers ... NAYS: None (Council Member Buffer was absent.) CITY TREASURER-COUNCIL-CITY EMPLOYEES-PERSONNEL DEPARTMENT: A communication from Mayor David A. Bowers requesting that Council meet in Execuffve Session to discuss a personnel matter, being the appointment of a person to fill the unexpired term of the City Treasurer, pursuant to Section 2.t ~-~- (A)(t), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowiee moved that Council concur in the request of the Mayor to convene in Executive Session to discuss a personnel matter, being the appointment of a person to fill the unexpired term of the City Treasurer, pursuant to Section 2.t-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 Bowies, McCadden, Parrott, White, Wyatt and Mayor Bowers .6. NAYS: None .... (Council Member Buffer was absent.) BUILDINGS/BUILDING DEPARTMENT-HOUSING/AUTHORITY- PUBLIC WORKS-PLANNING: A report of the City Manager requesting that the matter relating to a Rental inspection Program be continued until the meeting of Council on Monday, June 17, 1996, advising that representatives of the City Administration and a Task Force from the 7 ACTION: ACTION: Regional Housing Network continue to work at clarifying some of the details in the program and translating them into appropriate language for ordinances and resolutions to be presented to Council, 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 to continue the matter until June 17, 1996. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, INhite, Wyatt and Mayor Bowers 6. NAYS: None 0. (Council Member Butler was absenL) COMMITTEES-OATHS OF OFFICE-YOUTH: A report of qualification of Carolyn L. Word as a member of the Youth Services Citizen Board, for a term ending May 31, 1999, 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 Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: None 0. (Council Member Butler was absenL) HEARING OF CITIZENS UPON PUBLIC MATTERS: COMPLAINTS-ZONING: The Reverend Shadrack Brown, Jr., 3431 Kershaw Road, N. W., addressed Council with regard to the City's Zoning Regulations requiring a special exception to be granted by the Board of Zoning Appeals for tents used for public assembly, and specifically expressed concern with regard to the.pr, ocedure required by the City to obtain a permit to erect tents for rehg,.ous services. He · stated that the process is lengthy and time consum,ng and feels that the time involved should be shortened; it takes approximately one and one-half months to get permission from the City of Roanoke to erect a tent; other localities such as Norfolk, Virginia Beach and Richmond do not require such a lengthy process; and he requested that the City consider changes to its procedure. The City Manager stated that he had an opportunity to discuss the matter with Reverend Brown and advised that an internal team has been set up to review the matter and it is anticipated that staff will be in a position to present a briefing to Council in August outlining some potential new options. ACTION: Without objection by Council, the Mayor advised that the matter would be referred to the City Manager for study, report and recommendation to Council. OTHER HEARINGS OF CITIZENS: SCHOOLS: Mr. Bill Ballentine, 3321.Birchwood. S.tr.eet, .N.. E., addressed C. ouncil with regard to.the ~novation of Breck,nndge Middle School, adv,sing that the renovation w~ll cause one more school to slip away from Roanoke unheralded; that the school was the home of William Fleming High School from 1933 to 1961, and the alumni of the old William Fleming High School feel disenfranchised and alienated from the school; and he appealed to Council for proper recognition of the old William Fleming High School. Mayor Bowers advised that under the laws of the Commonwealth of Virginia, matters involving the schools are under the jurisdiction of the School Board, which would be the proper forum for Mr. Ballentine's remarks. ACTION: Without objection by Council, the Mayor advised that the remarks of Mr. Ballentine would be received and filed. ACTION: ZONING: Mr. Parrott referred to the previous action by Council at its meeting on Monday, May 20, 1996, denying the request of Douglas E. Caton to rezone certain property fronting on Orange Avenue and King Street~ N. E. Mr. Parrott moved that Council reconsider the application to rezone a portion of a certain tract of land fronting on Orange Avenue and King Street, N. E., being Official Tax Nos. 7090506 I and 7090501, from C-2, General Commercial and R$-3, Residential Single-family District, to RM-2, Ree~dential Multi-family District, subject to certain conditions proffered by the petitioner; that a public hearing be scheduled for July 15, 1996, at 7:00 p.m.; and that the staff reissue all required public notices of such hearing at the expense of the petitioner. The motion was seconded by Mr. White. Mr. Parrott advised that his purpose for asking for a reconsideration of the matter is because following the City Council meeting at which the request was denied, it became apparent to him that all avenues in trying to work out this matter had not been fully explored between the petitioner and the City Planning Commission, and he would like to give the petitioner and the City Planning Commission an opportunity to meet and discuss other alternatives, and bring back other alternatives to Council. Mayor Bowers stated he has been advised that since the public hearing there was an objection from a citizen, and since that t~me, there has been some further discussion between the developer and that citizen, and that perhaps given a few more days the matter may be resolved. David C. Helscher, Attorney for the petitioner, advised that his client appreciates Council's willingness to reconsider this matter; they have been in contact with the citizen who opposed the request and it is felt this additional time will afford them an opportunity to find a common ground, and they are confident the objections can be overcome. ACTION: Ms. Linda Manns advised that she and her husband, Thomas Manns, are continuing discussions with the petitioners and believe they will be able to work out an agreement. The motion offered by Mr. Parrott, seconded by Mr. White, to reconsider the rezoning matter, was approved with Mr. McCedden voting no. 10 ACTION: PETITIONS AND COMMUNICATIONS: ACTS OF ACKNOWLEDGEMENT-ROANOKE BAR ASSOCIATION: A communication from Mayor David A. Bowers advising that James N. Kincanon, former City Attorney, has served as Secretary-Trsesurer of the Roanoke Bar Association for more than 50 years, and requesting Council's adoption of the proper measure honoring Mr. Kincanon, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (*~32960-060396) A RESOLUTION recognizing and commending James N. Kincanon for more than fifty years of service as Secretary- Treasurer of the Roanoke Bar Association. (For full text of Resolution, see Resolution Book No. 58, page 436.) Mr. Parrott moved the adoption of Resolution No. 32960-060396. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers .6. NAYS: Hone (Council Member Buffer was absent.) BUDGET-CMERP-SCHOOLS-EQUIPMENT: A communication from the Roanoke City School Board requesting appropriation of $125,976.00 from the 1995-96 Capital Maintenance and Equipment Replacement Fund, to purchase technology software based on school requests, replace an overage maintenance vehicle, make facility repairs resulting from winter storm damage, meet ADA access requirements, and purchase fumiture and equipment for Jackson Middle School and the new modular additions; and appropriation of $110,000.00 to the Schools' General Fund for additional cafeteria revenues to recognize the higher level of participation in the student lunch program and the resulting higher level of expenses required for food purchases, was before Council. 11 A.report of the Director of Finance recommending that Council in the request.o.f, the School Board, advising that this is the c.oncur ninth and final appropriation of the School Board'e fiscal year 1995-96 Capital Maintenance and Equipment Replacement Program funding of $2,394,036.00, was also before Council. (For full text, see reports on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: ACTION: (#32962-960396) AN ORDINANCE to amend and reordain certain sections of the 1995-96 School and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 438.) Mr. McCadden moved the adoption of Ordinance No. 32962- 060396. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: None 0. (Council Member Butler was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: HUMAN DEVELOPMENT-HOUSINGIAUTHORITY-PUBUC WORKS- PLANNING-GRANTS: The City Manager submitted a written report advising that on May 8, 1995, pursuant to Resolution No. 32476-050895, Council authorized the Roanoke Redevelopment and Housing Authority's 1995-96 HOME activities and funding as part of the Consolidated Plan approved for submission to the U. S. Department of Housing and Urban Development (HUD); Council authorized the City 12 Manager to execute an agreement with the Housing Authority to implement the Authority's t995-96 HOME activities, pursuant to Resolution No. 32602-081495; and funding for the following three housing rshabilitetion programs is included in the Housing Authority's agreement: Owner-Occupied Rehabilitation for the elimination of substandard conditions in owner- occupied houses. Purchase-Rehabilitation for the purchase and rehabilitation of deteriorated houses to be occupied by the buyer. Rental Rehabilitation for the rehabilitation of substandard rental properties. Financing for the abovelisted programs combines the City's HOME funds with Urban Rehabilitation Program loan funds allocated to the City by the Steate. It was further advised that app!ications for the Owner-Occupied Rehabilitation and Purchase-Rehab,litation programs excee.d. HOME funding allocated, in the Agreement for these activities; applications for the Rental Rehabditation Program leave $50,000.00 uncommitted from the HOME funds allocated in the Agreement for this activity; access to State Urban Rehabilitation loan funds expires on or shortly after June 30, 1996; and Council must authorize amendment of the Roanoke Redevelopment and Housing Authority Agreement in order to make the unused Rental Rehabilitation funding available to the other two programs. The City Manager recommended that he, or the Assistant City Manager, and the City Clerk, be authorized to execute and attest, respectively, Amendment No. 2 to the 1995-96 HOME Agreement with the Roanoke Redevelopment and Housing Authority, in a form to be approved by the City Attorney; and the transfer of HOME funds as follows: 13 ACTION: ACTION: $50,000.00 from 1993 HOME RRHA, Account No. 035-052- 5301-5236 to 1993 HOME RRHA, Account No. 035-052- 5301-5260. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (~32963-060396) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 440.) Ms. Wyatt moved the adoption of Ordinance No. 32963-060396. The motion was seconded by Mr. Wlfite and adopted by the following vote: AYES: Council Members Bowies, McCadden, Parrott, White, 6. Wyatt and Mayor Bowers NAYS: None (Council Member Buffer was absent.) Ms. Wyatt offered the following resolution: Ow (#32964-060396) A RESOLUTION authorizing execution of Amendment No. 2 to a HOME Investment Partnerships Program Subrecipient Agreement between the City and the City of Roanoke Redevelopment and Housing Authority, dated August 15, 1996, for funding of the rehabilitation of certain properties from HOME funds. (For full text of Resolution, see Resolution Book No. 58, page 441.) Ms. Wyatt moved the adoption of Resolution No. 32964-060396. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowies, McCsdden, Parrot'(, White, Wyatt and Mayor Bowers ~. NAYS: None 0. (Council Member Butler was absenL) BUDGET-WORKERS COMPENSATION: 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"; the City is entirely self-insured for Workers' Compensation liability; funding has been budgeted for the current fiscal year to cover worker's compensation wage and medical payments, which types of fringe benefits are budgeted as a lump sum in the non-departmental category because annual charges for each depa,b',~ent are difficult to accurately project; workers' compensation expenditures for fiscal year t995-96 are projected to be approximately $700,000.00, which is based on actual expenditures through April 30, 1996, and projected expenditures for May and June, 1996; and funding to cover fiscal year 1995-96 Workers' Compensation claims is adequate and needs to be allocated to departmental accounts from the non- deparb,,ental category. The City Manager recommended that Council authorize the transfer of $700,000.00 to cover workers' compensation claims during the current fiscal year, as follows: Workers Compensation - Wages, Account No. 0014)04- 9tl 0-1135, $350,000.00; and Workers Compensation - Medical, Account No. 0014)04- 9110-1140, $350,000.00. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#32965-060396) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 442.) 15 ACTION: Mr. Whito moved the adoption of Ordinance No. 32965-060396. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: None 0. (Council Member Butler was absent) BUDGET-PUBLIC WORKS-CITY EMPLOYEES-FLEET MAINTENANCE FUND-SNOW REMOVAL-STREETS AND ALLEYS: The City Manager submitted a written report advising that $455,813.00 was expended for overtime salaries, supplies, chemicals, and contract services during the months of December 1995 and January and February 1996 for snow removal operations; 1995-96 budget included $96,449.00 for snow removal from the City streets and rights-of-way for over'dme salaries, supplies and chemicals; on March 4, 1996, Council authorized the transfer of $330,716.00 to the Snow Removal accounts; $16,688.00 has been expended in excess of the total appropriations, after final charges were made to line item accounts; 1,000 tons of de- icing salt needs to be purchased to fully restock the salt storage facility prior to the t996-97 snow season; and snow removal equipment needs to be repaired and components replaced, i.e., snow blades, cutting edges, etc. The City Manager recommended that Council authorize the transfer of $75,000.00 to the following Snow Removal accounts: Overtime Wages Expendable Equipment Motor Fuels & Lubricants Chemicals Materials Control Fleet Management 00t -052-4140-1003 001-052-4140-2035 001-052-4140-2038 001-052-4140-2045 00t -052-4140-7010 001-052-4140-7025 $ 4,108.00 14,428.00 2,421.00 47,000.00 3,438.00 3.605.00 $75,000.00 ACTION: Funding Sources: 1996 Snow Storm Recovered Costa (001-020-1234-0714) (001-024-3310-8005) $25,000.00 50.000.00 $75,000.00 (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~32966-060396) AN ORDINANCE to amend and reordain certain sections of the t995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 445.) Mr. Parrott moved the adoption of Ordinance No. 32966-060396. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowies, McCadden, Perrott, White, Wyatt and Mayor Bowers (;. NAYS: None 0. (Council Member Butler was absent.) OCCUPATIONAL NURSE-CITY EMPLOYEES-PERSONNEL DEPARTMENT-LEASES: The City Manager submitted a written report advising that the sublease with C. W. Francis & Son, Inc., for additional otflce space required by the Occupational Health Nurse was authorized on October 23, 1995, pursuant to Ordinance No. 32724-102395; additional space was needed to temporarily relieve over-crowding until a permanent facility is ready for occupancy; initial term of the sublease was for a period of six months, to continue on a month-to-month basis thereafter, with a 30 day termination provision; and the initial term of the sublease expired on May 31, 1996. It was further advised that C. W. Francis & Son, Inc., Ua Francis Realtors, is no longer the sublessor due to the death of James L. Trinkle; the estate of James L. Trinkle is now the owner and lessor, through Francis Realtors as Agent; Personnel Management needs to l? assure the right to continued use of the apace for at leset one additional year; Lessor has agreed to extend the lease at the same rats for a one year period, expiring May 3t, 1997; the City would be responsible for maintenance and service required in maintaining the heating and air conditioning units, except for any major repairs in excess of $500.00, which will be the responsibility of the Lessor; lease provides that both landlord and City agree to indemnify and hold harmless the other from and against any loss, damage or liability occasioned by or resulting from any willful or negligent act on its part; the rental rats will remain $600.00 per month for the 2,525 square feet, which calculates to be $2.85 per square foot per year, which is considered to be an exceptionally good price for apace of this type; and the Lessor has also agreed to an option to renew fur two additional one year terms, at the rats of $1,200.00 per month. The City Manager recommended that Council authorize a new lease between the City and the Estate of James L. Trinkle, in a form to be approved by the City Attorney, for an initial term of one year at the rate of $600.00 per month, beginning June 1, 1996, with an option to renew for two additional one-year terms, at the rats of $t,200.00 per month. ACTIOH: (For full text, see report on file in the City Clerk's Office.) Mrs. Bowies offered the following emergency ordinance: (#32967-060396) AN ORDINANCt~ authorizing proper City officials to execute a lease agreement with the Estate of James L. Trinkle for use of office space at 120 West Kirk Avenue, by the Occupational Health Nurse, upon certain terms and conditions, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page ,146.) Mrs. Bowies moved the adoption of Ordinance No. 32967-060396. The motion was seconded by Ms. Wyatt and adopted by the following vots: AYES: Council Members Bowles, McCadden, Parrott, White and Wyatt 5. NAYS: None 0. (Council Member Butler was absent.) (Mayor Bowers abstained from voting.) HOUSING/AUTHORITY-PUBLIC WORKS-PLANNING-GRANTS- ARCHITECTURAL REVIEW BOARD-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that the Historic Building Matching Facade Grant Program is a Community Development Block Grant (CDBG) funded program authorized by Council, pursuant to Resolution No. 32476-050895, adopted on May 8, 1995, for the purpose of encouraging the preservation and rehabilitetlon of historic structures in the City of Roanoke by providing a financial incentive; and program guidelines include the following: eligible structure must be in an H-t, Historic District; maximum grant amount is $5,000.00 per building; and facade design must meet Secretary of the Interior Standards for Rehabilitation of Historic Buildings and must be approved by the Architectural Review Board. It was further advised that Briar Oak Investments, II, L.L.C., has applied for two facade grants of $5,000.00 each to rehabilitate two buildings located at 15 East Salem Avenue, described as Official Tax Nos. 4010309 and 4010311, which buildings are located within the H-l, Historic District, and currently vacant; rehabilitation of the buildings will create 24,000 square feet of office and rateil commercial space in downtown, with new jobs to be created; design plans for exterior rehabilitation of the buildings have been approved by the City's Architectural Review Board and are consistent with Secretary of the Interior's Standards; and exterior plans include rehabilitation of the building walls, storefront, windows and installation of awnings. &. The City Manager recommended that he be authorized to execute an agrsement with BHar Oak Investments, II, L.L.C., fur the provision of $10,000.00 in Community Development Block Grant Matching Facade Grant Funds fur rehabilitation of the buildings located at 15 East Salem Avenue. ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#329684)60396) A RESOLUTION authorizing the City Manager to execute an agreement with Briar Oak Investments, II, L.L.C., to provide funding for reimbursement of expenses associated with rehabilitation of buildings in connection with the CDBG Matching Facade Grant Fund Program, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 58, page 447.) Mr. Parrott moved the adoption of Resolution No. 329684)60396. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: None 0. (Council Member Butler was absent.) TRAFFIC-STATE HIGHWAYS-PUBLIC WORKS-INDUSTRIES- STREETS AND ALLEYS: The City Manager submitted a written report advising that on January 16, 1996, Council approved Resolution No. 328104)11696, which authorized the City Manager to apply to the Virginia Depa,~.,,ent of Trsnsportation (VDOT) for roadway construction funds to provide industrial access for Roanoke Electric Steel Corporation; application was made on January 22, 1996, for a 0.17 mile project that would link Roanoke Electric Steel to the second phase of the Peters Creek Road Expansion Project (soon to be under construction); City and VDOT staffs have worked together during the past few months to refine the industrial access road application to improve its opportunity for approval by the Commonwealth Transportation Board; issues such as the connection from the Roanoke Electric Steel property to the access road, employment impact, and adjacent land use have all been evaluated to VDOT'e apparent satisfactio, n.; tr~. ck traffic generated by Roanoke Electric Steel is the only rama,mng ,eeue; VDOT insists that before the road application can be recommended for Commonwealth Transportation Board approval, the City must give VDOT satisfactory assurances that all truck traffic for Roanoke Electric Steel will be eliminated on Weeteide Boulevard (their current access road); in order to accomplish this, the City will need to furnish VDOT with a bond in the amount of the project, which guarantee needs to be for a three-yeer period beginning on the date of the funding allocation; Roanoke Electric Steel will need to make a good faith effort during that time to change their internal roadway operations to enable all trucks to connect to the proposed industrial access road; as a result of said changes, the City could then, with signage, restrict all through trucks from using the appropriate portion of Weetside Boulevard; and if Roanoke Electric Steel's trucks are not eliminated from Weetside Boulevard by the end of the three-year period, forfeiture of the bond would result (the actual bond would not be needed until construction is set to begin and, therefore, will be for less than three years). The City Manager recommended that Council adopt a resolution indicating that all Roanoke Electric Steel trucks will be eliminated from Westeide Boulevard within three years from the date of the funding allocation for the proposed industrial access road, and that Westeide Boulevard will be posted by the end of that three-year period to prohibit through trucks or the City will reimburse the Virginia Department of Transportation the bonded amount, estimated to be $304,850.00, to repay the industrial access funds. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#32969-060396) A RESOLUTION concurring with the recommendation of the Virginia Department of Transportation (VDOT) that all Roanoke Electric Steel Corporation truck traffic be prohibited from using Weetside Boulevard within three years from the date of the funding allocation for the proposed industrial access road, and that appropriate signage prohibiting through trucks on Weetside Boulevard will be put in place, and to provide a bond to VDOT in the estimated amount of $304,850 to assure compliance. (For full text of Resolution, see Resolution Book No. 58, page 447.) 21 ACTION: Mr. White moved the adoption of Resolution No. 32969-060396. The motion was seconded by Mr. McCedden and adopted by the following vote: AYES: Council Members Bowles, McCadden, White, Wyatt and Mayor Bowers 5. NAYS: Nono 0. (Council Member Butler was absent.) (Council Member Parrott abstained from voting.) BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a written report advising that filter media, which is the subetrate in the filters that remove solids from water and is made up of coal, sand and gravel, needs to be replaced at the Water Pollution Control Plant, inasmuch as the media is 20 years old; high flows, continuous for four months, have necessitated the replacement of the media, which has compacted from the high flows, preventing proper filtration and cleaning through beckweshing; media life is not defined; the filters have had media added ever/four years to replace media that has been lost due to backwashing; the media at the Water Depa, l, tmnt has lasted from 40 to 50 years; filters at the Water Pollution Control Plant receive more solids that drinking water, so the life will not be as long; cost of the media is approximately $t00,000.00 for four filters, with media having bcc.~ ordered for the four filters; the four remaining filters will have media replaced in the next budget; funds need to be appropriated from retained earnings to cover the cost of the media, which funds are budgeted in fiscal year t 996-97 to cover the cost of the four remaining filters; high flows are causing some permit violations due to filter failure; filters operate satisfactory at normal flows; and media has been ordered to refurbish four filters, with the remaining four filters to have media replaced after July t996. The City Manager recommended that Council authorize the appropriation of $100,000.00 from Sewage Treatment Plant Retained Earnings to Sewage Treatment Plant Account No. 003-056-3t55-2048, to cover the cost of ordering new media. (For full text, see report on file in the City Clerk's Office.) ACTION: Mre. Bowies offered the following emergency budget ordinance: (ff32970-060396) AN ORDINANCE to amend and reordain certain sections of the t995-96 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 449.) Mrs. Bowies moved the adoption of Ordinance No. 32970-060396. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowies, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: None .... (Council Member Butler was absent.) BUDGET-ROANOKE CIVIC CENTER: The City Manager submitted a written report advising that the original fiscal year 1996 Civic Center budget appropriation totaled $2,5t2,336.00, including operations, promotions, depreciation and capital outlay; budget adjustments through April 1996 total $260,687.00; with the current Civic Center budget as of April 1996 totalling $2,773,023.00; total expenses for fiscal year 1996 are estimated to total $2,833,023.00, an increase of $60,000.00 over the current budget; primary reasons for over budget expenditures are the increase in the number of events as well as a direct increase in expenses attributed to those events; in addition, a major portion of expenses is relatsd to the Coliseum seating renovation project and the purchase of an ice re-surfacing machine; appropriation of funds from revenues is requested to cover the cost of additional operational expenses; and a funding source is available from Civic Center revenues due to an increase in the total number of events, with substantial increases in concessions and ice rentals. The City Manager recommended that Council concur in the following actions: adjust the revenue estimates by $71,600.00, as follows: i increase Coliseum Rental, Account No, 005- 020-1234-0936, by $60,000.00; increase Interest on Investments, Account No. 005-020-12344)913, by $t5,000.00; increase Miscellaneous, Account No. 0054)20-12344)917, by $1,000.00; decrease Auditorium Rental, Account No. 0064)20-12344)937, by $7,400.00; increase Exhibit Hall Rental, Account No. 0054)20-1234-0938, by $1,000.00: decrease Parking Fees, Account No. 0054)20-1234- 0939, by $25,000.00; decrease Advance Ticket Sales, Account No. 005- 020-1234-0942, by $35,000.00; increase Cashiers, Account No. 005-020-1234-0944, by $3,000.00; increase Security Guards, Account No. 0054)20- 1234-0945, by $3,000.00; decrease Catering, Account No. 0054)20-t 234-0949, by $t0,000.00; increase Concessions, Account No. 0054)20-1234- 0950, by $10,000.00; and increase Ice Rental, Account No. 0054)20-t234- 1140, by $56,000.00 appropriate funds totalling $60,000.00 to cover cost of operating expenses, as follows: $40,000.00 to Maintenance - Buildings, Account No. 0054)56-2105-2050; ACTION: $10,000.00 to Project Supplies, Account No. 005-056-2105-3005; and $10,000.00 to Natural Gas, Account No. 005- 056-2t 05-2024. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: (~32971-060396) AN ORDINANCE to amend and reordain certain sections of the t995-96 Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 450.) Mr. McCadden moved the adoption of Ordinance No. 32971- 060396. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers .... 6. NAYS: None 0. (Council Member Butler was absent.) BUDGET-FIRE DEPARTMENT-CITY EMPLOYEES-EMERGENCY MEDICAL SERVICES: The City Manager submitted a written report advising that medical bills for ambulance transport by the City are collected and processed by Quantum Medical, Inc., on a contractual basis, which contract has an escalator clause that increases the contract amount with increased billings and collections; ambulance transport fees will exceed budgetary estimates by $375,000.00, thereby generating additional fees totalling $44,t90.00 due to Quantum Medical, Inc.; increased ambulance service demands in the northwest quadrant of the City during fiscal year 1995-96 necessitated the assignment of an additional staffed ambulance on the north side to provide needed ALS (Advanced Life Support) service, which resulted in $67,530.00 in personnel costs to provide this vital emergency ambulance service that J 25 wee not budgeted for; the increaee in staffing was necessitated by the increase in demands placed on the north side ambulance unite; the northwest area constitutes fully 40 per cent of all ambulance calls for servICe. It was further advised that Emergency Medical Services expenditures will exceed budgeted amounts by fiscal year end as a result of additional EMS billing contract coste with Quantum Medical (?.~.,190.00) and EMS coverage enhancement to north side of the City ($67,530.00); an additional funding source needs to be identified to cover the shortfall; additional resources will not be needed for fiscal year 1996-97; and a target date of August t, t996 is identified to convert EMS personnel to 24-hour shifts, which will provide the north side of the City with adequate coverage without additional resources. The City Manager recommended that Council approve the following expenditure transfers and increase the revenue estimate for EMS billings to $1,095,000.00 to cover the coste of $67,530.00 for enhanced EMS staffing and $44,190.00 for increased coste of collections: Revenue: Account No. 001-020-1234-0854 EMS Billings (Increase in Revenue Estimate to $1,095,000.00) $54,190.00 Expenditures: Account No. 001-050-3213-1052 Account No. 001-050-3213-1002 Account No. 001-050-3521-1004 Account No. 001-050-3521-1120 Account No. 001-050-3521-2010 EMT Supplement $(10,708.00) Personnel Lapse $(36,822.00) EMS Temp Wages $ 62,354.00 EMS FICA $ 5,166.00 Fees/Professional Services $ 44,190.00 (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#32972-060396) AN ORDINANCE to amend and reordain certain sections of the t995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 453.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 329724)60396. The motion was seconded by Mr. White and adopted by the following J vote: AYES: Council Members Bowies, McCadden, Parrott, White, Wyatt, and Mayor Bowers... 6. NAYS: None O. (Council Member Butler was absent.) HUMAN DEVELOPMENT-TOTAL ACTION AGAINST POVERTY: The City Manager submitted a written report advising that the Employment Services Program under the Administration of the Department of Social Services was established by the Federal Jobs Bill in 1988 to help dependent families achieve self-sufficiency; and the Department of Social Services desires to contract for the following two components of the Jobs Bill: ~ - an activity designed to offer four weeks of classroom training to building self-esteem, motivation, and.s.pecific job seeking skills, with 520 plus I~1 anticipated partic,pants; and I ~ - on-the-job training for up to six months in a non-profit or public organization where job-related skills may be improved, with 230 plus anticipated participants. It was further advised that the City of Roanoke receives 100 per cent reimbursement from the State Department of Social Services for the cost of the project; specifications were developed and, along with Request for Quotations, were sent to t5 vendors known to be able to provide similar services; and after due and proper advertisement in The ~ and in the ~,Q~, three bid responses were received and publicly opened and read on March 29, 1996, at 2:00 p.m., in the Office of the Manager of Supply Management, as follows: lowest bid, submitted by ARC - Roanoke, Inc., will provide services to a maximum of 560 participants, which is well below the anticipated 750 plus participants; 27 second lowest bid, su.bmitted by .the Fifth District Employment and Trsin,ng Conaor'dum, will provide services to a maximum of 540 participants, which ia well below the anticipated 750 plus participants; and third lowest bid, submitted by Total Action Against Poverty, offers to provide services for Employment Services Program participants, which ars anticipated to be 750 or more. The City Manager recommended that he be authorized to execute contracts, in a form to be approved by the City Attorney, for Group Job Search and Work Experience with Total Action Against Poverty, in the amount of $100,000.00 for Group Job Search and $100,000.00 for Work Experience, to provide nec®esary training for participants to ensure self-sufficiency; 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: (#32973-060396) A RESOLUTION authorizing an Agreement or Agreements with Total Action Against Poverty in Roanoke Valley, Inc. ("TAP"), to provide services required for two components of the Employment Services Program administered by the Depa,b,,ent of Social Services. ACTION: (For full text of Resolution, see Resolution Book No. 58, page 452.) Mrs. Bowies moved the adoption of Resolution No. 329734)60396. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Wyatt, and Mayor Bowers NAYS: None (Council Member Butler was absent.) Council Members Bowles, McCadden, Parrott, White, 6. 28 Mr. Richard Dickeon, Executive Director, ARC-Roanoke CHD Industries, 3355 Shenandoah Avenue, N..W., advised that the proposal presented by ARC-Roanoke was a jo,nt proposal with Goodwill Industries; he made several follow-up calls since submitting the bid; and ARC-Roanoke would have appreciated the opportunity to adjust its quote to provide services to 750 participants. Following discussion with regard to the requirement to provide services to 750 participants, the City Manager advised that the requirement to provide services to 750 par'dcipente was included in the bid specifications, and it was his understanding that the bid of ARC- Roanoke was deemed unresponsive. HUMAN DEVELOPMENT-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that homelessnees remains a critical issue in the City; the City and the Roanoke Redevelopment and Housing Authority have worked cooperatively with nine local community agencies to develop and submit a proposal for funding through the U. S. Department of Housing and Urban Development (HUD) for Shelter Plus Care funds; Council authorized the acceptance and the appropriation of the Shelter Plus Care Grants Pr?.g.r.a.m grant award of $536,16.0.00 from HUD for Shelter Plus Care activriies, pursuant to Resolution No. 32737-111395 and. Budget Ordinance No. 32736-111395, adopted November 13, t995, wh,ch grant provides for 21 portable tenant-based rental assistance units for disabled homeless persons and their families; clients may select the appropriate housing unit of their choice anywhere in the Cities of Roanoke and Salem, the Counties of Roanoke and Botetourt, and the Town of Vinton; and the Housing Authority currently administers Section 8 Rental Housing Assistance, which is similar to Shelter Plus Care tenant-based rental assistance. It was further advised that the Shelter Plus Care funds budgeted for rental assistance totals $536,160.00 for assistance to 21 qualifying disabled, homeless individuals and their families for five years; an Administrative Agreement between the City and the Housing Authority is necessary before the Housing Authority can receive payment for rental assistance for qualifying individuals, which Agreement shall be for the period of five years commencing on the date of the first draw- down of funds from the U. S. Department of Housing and Urban Development; and the Roanoke Redevelopment and Housing Authority shall indemnify and hold harmless the Grantee, it= officers, agent=, consultants and employees, against any and all losses, costs, or expenses, including reasonable attomey's fees, and costs of defense, I resulting from any claim, whether or not reduced to.a judgement, and for any liability of any nature whatsoever, that may arms out of or result from the Housing AuthoHty's intentional or negligent acts or omiuion i.n providing services u.nder the. Agreement, including, without I,mitedon, fines and penalties, violation of Federal, Stats or local laws, or regulation promulgatsd thereunder, personal injury, wrongful death or property damage. The City Manager recommended that he, or the Assistant City Manager, and the City Clerk be authorized to execute and attest, respectively, a Shelter Plus Care Agreement with the Roanoke Redevelopment and Housing Authority and any amendments thereto, if necessary, to be approved as to form by the City Attorney, within the limits of funds set forth in the report for the purposes specified therein. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: (#32974-060396) A RESOLUTION authorizing appropriate City officials to enter into a Shelter Plus Care Subrecipient Agreement, and any necessary amendments thereto, with the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 58, page 453.) ACTION: Mr. McCadden moved the adoption of Resolution No. 32974- 060396. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Bowies, McCadden, Parrott, White, Wyatt, and Mayor Bowers -. 6. NAYS: NoneL (Council Member Butler was absent.) TRAFFIC-PARKS AND RECREATION-DRUGS/SUBSTANCE ABUSE-ACTS OF ACKNOWt. EDGEMENT: The City Manager submitted a written report advising that on Monday, May 20, 1996, Council received a request from Brenda A. Airman, President, Smith Mountain Lake Chapter, Mothers Against Drunk Driving, that the Mill Mountain Star be tumed red for 48 hours following any alcohol or drug related traffic fatality in the area; BeveHy. T. Fitzpatrick, Jr., Executive Director, The New Century Council, subm,ttad a brochure, including support for the idea from numerous individuals, groups, and officials throughout the New Century region; there is seemingly widespread support for the idea as a means of calling public attention to the carnage which takes place on our highways and the need to promote safer driving habits; and many persons see the Mill Mountain Star as a highly visible regional symbol which can bring maximum attention to the current social problem of drinking and driving. It was further advised that the star has different symbolic meaning for some persons; the City receives 20 to 30 calls a year from individuals and organizations who want to turn the star different colors for various reasons and events; inasmuch as the star has served as a community symbol, changes have only been approved for City- sponsored reasons, such as the red, white and blue colors for All- America City and in honor of America's troops in Desert Storm; the City's Mill Mountain Development Committee has expressed reservations concerning this proposed use of Roanoke's most visible public symbol and has not endorsed the "Keep The Star White Campaign"; and ~e star is currently turned red each year in October to promote the C,ty's sponsorship of Red Ribbon Week for drug and alcohol awareness. The City Manager recommended that should Council favor approving the "Keep The Star White Campaign" request, the following guidelines be implemented: official notification by a representative of the Virginia State Police of an alcohol- or drug-related traffic fatality within the New Century region must be received by the City, which will avoid duplication of information and erroneous changes in the star coloration; the City will change the color of the star to red for two consecutive evenings beginning with the next regular work day for City employees; if the City needs to perform maintenance, such as repainting, the lighting of the star may need to be suspended for periods of time; and the campaign should be rs-evaluated after six months to consider its success and/or any desired modifications. (For full text, see report on file in the City Clerk's Office.) The Mayor requested that the communication from Brenda A. Altman, President, Smith Mountain Lake Chapter, Mothers Against Drunk Driving, under date of April 23, t996, rsqussting that the Mill Mountain Star be turned red for 48 hours following any alcohol or drug related traffic fatality in the area, be made a part of the official record. ACTION: Ms. Wyatt moved that Council approve a 90-day trial period from September 1, t996 through December 1, 1996, to turn the Mill Mountain Star red for 24 hours following a drug or alcohol-related traffic fatality in the Roanoke Valley. The motion was seconded by Mr. McCaddsn and adopted, Council Member McCadden voting no. At 3:28 p.m., the Mayor declared the meeting in recess. At 3:39 p.m., the meeting rsconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Butler. DIRECTOR OF FINANCE: ACTION: DIRECTOR OF FINANCE-AUDITSIFINANCIAL REPORTS: The Director of Finance submitted the financial rsport for the City of Roanoke for the month of April 1996. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the report would be received and filed. BUDGET-HOUSING/AUTHORITY-PLANNING-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 program years currently appropriated; the U. S. Department of Housing and Urban Development allows localities to determine the number of CDBG program years to retain on their records; reprogrsmming said funds allows the City to maintain a minimum number of program years on its records; and the eaHiest CDBG year (B-93-MC-51-0020) may be closed by reprogramming unspent funds in this progra.m year to the next subsequent program year (B-94-MC-51-0020), wh;ch unspent funds totalling $238,819.00 will be appropriated to the same activities for which they are currently appropriated. The Director of Finance recommended that unspent funds totalling $238,819.00 be transferred to Community Development Block Grant year B-94-MC-51-0020; and closeout of Community Development Block Grant year B-93-MC-51-0020. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (f/32975-060396) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 454.) ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32975-060396. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt, and Mayor Bowers 6. NAYS: None .... 0. (Council Member Buffer was absent.) BUDGET-CITY EMPLOYEES-PERSONNEL DEPARTMENT: The Director of Finance submitted a written report advising that the City's Internal Service Funds account for certain services provided to depa,'bltents of the General Fund, which Internal Service Funds recover costs by charging the receiving departments for services provided; budgeted funds for internal services ars allocated in each fiscal year's budget throughout the various departments based on esffmated usage, which usually varies from the original estimates; and each fiscal year 33 it is necessary to make appropriation tranefore between departments to provide sufficient funds for intemal services for the remainder of the fiscal year, which transfers do not increase the overall budget, but reallocato amounts between depa, b~ents. The Director of Finance recommended that Council adopt the proposed budget ordinance which will accomplish the required ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#32976-060396) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 457.) Mr. Parrott moved the adoption of Ordinance No. 32976-060396. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt, and Mayor Bowers 6. NAYS: None 0. (Council Member Butler was absent.) BUDGET-CITY EMPLOYEES-PERSONNEL DEPARTMENT: The Director of Finance submitted a written report advising that the fiscal year 1995-96 General Fund budget included funds in the nondepartmental category for long-term disability insurance and for termination (vacation) leave and unemployment wages, which fringe benefits are budgeted at estimated amounts in the nondepa,~,,,ental category because annual charges for each depa,~,,ent are difficult to project, and actual costs are charged to the applicable depa,;,,,ent in anticipation of budget transfers to cover the costs; the General Fund budget also included funds in various departments for life insurance, which funds are budgeted at estimated amounts, and actual costs are ACTION: charged to each depa~b,ent in anticipation of budget t~...nsfera to cover the charges; the proposed budget ordinance wdl transfer funds between departments end from the nondepartmental category to the applicable department budgets, which transfers will not increase the overall budget, but realloceta amounts between depa~{,,ients; and a summary of the total transfers is aa follows: Long-Te~i~ Disability $ 71.597.00 Termination(Vacation)LaaveWages ~ Unemployment Wages $ 35.000.00 Life lnsurence S165.319.~9 Health Insurance $ 36.684.00 The Director of Finance recommended that Council adopt the proposed budget ordinance which will accomplish the required transfers. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#32977-060396) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 462.) Mrs. Bowies moved the adoption of Ordinance No. 32977-060396. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt, and Mayor Bowers 6. NAYS: None (Council Member Butler was absent.) I 35 REPORTS OF COMMITTEES: BUDGET-HUMAN DEVELOPMENT-COMMITTEES-CULTURAL SERVICES COMMITTEE: The Chairperson of the Cultural Services Committee presented a written report, on behalf of the Committee, advising that the Cultural Services Committee budget was established by Council, pursuant to Ordinance No. 32920-05t396, adopted May 13, 1996, at which time the General Fund budget for fiscal year 1996-97 was adopted; requests were received from 17 agencies, totalling $562,773.00; and after individual study of each application by Committee members, a public hearing was held on Mamh 8, 1996, in order to consider the requests and to hear applicants. It was further advised that the budget for fiscal year 1996-97, approved by Council, for the Cultural Services Committee provides for funds available for allocation in fiscal year 1996-97, in the amount of $428,353.00; agencies are requested to submit a budget by objective and activity when applying for funds through the Cultural Services Committee; and appeals of the Committee's recommendations, as provided by Council policy, were received after notification to each agency of its tentative recommended allocation, resulting in one appeal being was heard on May 14, 1996. The Cultural Services Committee recommended that Council concur in the following actions: the funding of agencies in the amounts recommended on Attachment A to the report; authorize the Director of Human Development to process payment of funds to agencies after objectives, activities, and/or other reasonable requests of the monitoring staff are submitted and accepted; and transfer $428,353.00 from the Cultural Services Committee Account No. 001-054-5221-3700, to new line items to be established within the Cultural Services Committee budget by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) 36 ACTION: Mrs. Bowles offered the following emergency budget ordinance: (;1~32978-060396) AN ORDINANCE to amend and reordain certain sections of the 1996-97 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 469.) Mrs. Bowles moved the adoption of Ordinance No. 32978-060396. The motion was seconded by Mr. Parrott and adopted by the following vote: ACTION: AYES: Wyatt, and Mayor Bowers NAYS: None (Council Member Butler was absenL) Ms. Wyatt offered the following resolution: Council Members Bowles, McCadden, Parrott, White, 6. Ge (ff32979-060396) A RESOLUTION c. oncurring in the recommendations of the Cultural Services Comm,ttee for allocation of I City funds to various nonprofit agencies for Fiscal Year 1996-1997. (For full text of Resolution, see Resolution Book No. 58, page 470.) Ms. Wyatt moved the adoption of Resolution No. 32979-060396. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Wyatt and Mayor Bowers NAYS: None (Council Member Butler was absent) UNFINISHED BUSINESS: Council Members Bowles, McCadden, Parrott, White, 6. 37 ACTION: ACTION: COUNCIL: Mr. Parrott moved that Council reconsider Ordinance No. 329354)51396, adopted May 13, 1996, setting the salaries of the Mayor and Members of Roanoke City Council. The motion was seconded by Mr. White and adopted. Mr. Parrott offered the following emergency ordinance: (#32980-060396) AN ORDINANCE establishing the annual salaries of the Mayor, Vice-Mayor and Council Members for the fiscal year beginning July 1, 1996; and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 58, page 471.) Mr. Parrott moved the adoption of Ordinance No. 32980-060396. The motion was seconded by Mr. White and adopted by the following vote: AYES: Mayor Bowers.. NAYS: Council Member McCadden (Council Member Butler was absent.) Council Members Bowles, Parrott, White, Wyatt and 5. Mr. McCadden advised that he voted against the Ordinance because of the principle of the matter; however, he believes the Mayor and Members of Council deserve a salary increase. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: POLICE DEPARTMENT-COMMISSIONER OF REVENUE- LICENSES: Ordinance No. 32951 authorizing an agreement with other regional governments to effectuate regional enforcement of vehicle decal ordinances, which Regional Compact Agreement shall be effective not later than July 1, 1996, shall provide that each jurisdiction will enforce the vehicle decal requirements of the other member jurisdictions and shall contain such other terms and conditions as may be agreed upon by the parties, having previously been before the Council for its first reading on Monday, May 20, 1996, 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: 38 ACTION: ACTION: (ft32951-060396) AN ORDINANCE authorizing an agrsement with other regional g.overnmente to effectuate regional enforcement of ~t vehicle decal ordinances. (For full text of Ordinance, see Ordinance Book No. 58, page 398.) Mr. Parrott moved the adoption of Ordinance No. 32951-060396. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: None t (Council Member Butler was absent.) ZONING: Ordinance No. 32953 rezoning a certain tract of land located at 701 Salem Avenue, S. W., identified as Official Tax No. 1111118, from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, subject to proffers contained in the Second Amended Petition filed in the Ofl~ce of the City Clerk on April 29, 1996, having previously been before the Council for its first reading o.n Monday, May 20, t996, read and adopted on its first reading and la;d over, was again before the body, Mr. White offering the following for its second reading and final adoption: (~32953-060396) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 111, 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. 58, page 398.) Mr. White moved the adoption of Ordinance No. 32953-060396. The motion was seconded by Mr. McCadden and adopted by the following vote: 39 ACTION: AYES: Council Members Bowies, McCadden, Parrott, White, Wyatt, and Msyor Bowers . 6. NAYS: None. . . 0. (Council Member Butler was absenL) ZONING: Ordinance No. 32954 rezoning a portion of property identified as Official Tax No. 2761701, beginning at a point approximately 250 feet, more or less, south of Melrose Avenue, N. W., from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District; property identified as Official Tax No. 2750101, fronting Polk Street, N. W., from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District; and property identified ss Official Tax No. 2750102, fronting Michigan Avenue, N. W., from RM-1, Residential Multi-family, Low Density District, to IPUD, Industrial Planned Unit Development District, as requested in the Second Amended Petition filed in the Office of the City Clerk on April 24, t996, having previously been before the Council for its first reading on Monday, May 20, 1996, 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: (#32954-060396) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 275 and No. 276, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 58, page 400.) Mr. McCadden moved the adoption of Ordinance No. 32954- 060396. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: None 0. (Council Member Butler was absent.) 40 ACTION: CITY CODE-TAXES-PLANNING-SUBDIVISIONS.FEE COMPENDIUM: O.rdinanc. No. 32956 amending and reordaining I Sections 7-14, Perm,t and ine_eecffons fees, of Article of Chapter 7, Buildinn Re0ulaff~ll=; 11-9, Same - Review and ins_nection fee, of Chapter 11, Erosion and Sediment Contr<~l; 26-4.1, Sewer connection fees and char_n_n_-, of Article I, ~ of Chapter 26, Sewers and Sewa._e Disoos=l; and 30-62, Fee, of Division 2, Permit, of Article III, ~, of Chapter 30, Streets and Sidew;lk= to provide an option for deferred payment of certain fees; and adding new Section 2-178.2, Deferred Payment Pro,_ram. to Article VIII, F~ance .~, of Chapter 2, ~;~, of the Code of the City of Roanoke (1979), as amended, to establish procedures for a deferred payment program, having previously been before the Council for its first reading on Monday, May 20, 1996, 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: (#32956-060396) AN ORDINANCE amending and reordaining Sections 7-t4, Permit and inspections f~_?. of Article II,_B_uj~ of Chapter 7, Buildine Renulatiop=: 11-9, Same - Review and ins_~ection fee. of Chapter 11, Erosion and Sediment Control; 26-4.1, Sewer SewersC°nnecti°nand feeSsewa_,eandDisr)o~al;charee_-_ of Article I, ~, of Chapte.r 26, and 30-62, Fee, of Dw,sion 2, Perm,t, of Article III, ~, of Chapter 30, Streets and Sidewalk=, to provide an option for deferred payment of certain fees; and adding new Section 2-178.2, Deferred Payment Prooram, to Article VIII, Finance .Ca_e_DffZp~ of Chapter 2, ~ of the Code of the City of Roanoke (1979), as amended, to establish procedures for a deferred payment program; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 58, page 401.) Mr. Parrott moved the adoption of Ordinance No. 32956-060396. The motion was seconded by Mr. White and adopted by the following vote: AYES: Wyatt and Mayor Bowers NAYS: None (Council Member Buffer was absent.) Council Members Bowles, McCadden, Parrott, White, 6. 41- CITY CODE-TAXES-LICENSES-LEGISLATION-COMMISSIONER OF REVENUE: Ordinance No. 32959 amending Article I. J[t_~ and Article I1. Business. Professional and Occupational License Taxation. of Chapter t9, [J~ of the Code of the City of Roanoke (t979), as amended, by the addition of new Sections 19-1.1, Intent of this chaoter: levy and ourpose of tax; 19-1.2, License reauirement: reauirina evidence of payment of business license, business personal property, meals and admissions taxes; 19-t.3, ~; 19-22.1, Limitations and extensions; t9-32.1, ~; 19-32.2, Situs of _aross receiota: _aeneral rule; 19-32.3, Aooortionment of _aross receiDte and a_areemente: by amending Sections 19-2, Definitions; 19-5, Aopointment and a_eneral Dowers and duties of license inspector and l;;l~; 19-9, Separate license for each Dlace and class of business; 19-11, Application for license: appli;ant's oiath; 19-20, When tax payable: installment payment: penal~ for late payment: reoort and collection of delinauencies; 19-24, Term of license: nrorafion of tax: 19- 30, ~A~; and 19-45, License tax catea_ories and rates: by REPEALING Sections 19-4, License year: t9-8, ~L~; 19- 10, Separate license for each class of business; 19-13, vJ~ ~; t9-t4, Tax not imoosed contrary to state or federal law; and 19-15, Liability_ for tax _aenerally. having previously been before the Council for its first reading on Monday, May 20, 1996, 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: (#32959-060396) AN ORDINANCE amending Article I. In General and Article II. Business. Professional and Occuoafional License ~, of Chapter 19, ~, of the Code of the City of Roanoke (1979), as amended, by the addition of new Sections 19-1.1, Intent of this chapter: levv and nurpose of tax; 19-1.2, License rea_uirement: reouirin_a evidence of _Dayment of busing~s license. business oersonal property, meals and admissions taxes; 19-1.3, ExceDfions; 19-22.1, Limitations and extensions; 19-32.1, Appeals and rulinas; t9-32.2, Situs of _arose receipts: _aeneral rule; 19-32.3, Apportionment of _aross receiota and aareemel~; by amending Sections 19-2, Definitions; 19-5, Aaoointment and _aeneral oower$ and duties of license inspector and deputies; 19-9, Separate license for each olace and class of business; 19-11, ADalication for license: applicant's oath; 19-20, When tax payable: installment payment: penalty for late oavment: report and collection of delinauencies; 19-24, Term of license: proration of tax; 19-30, ~u~; and 19-45, License tax cate_aories and rates; by REPEALING Sections 19-4, License year; 42 ACTION: ACTION: 19-8, ~; 19-10, SeDarate license for each class of business: 19-13, Levy and _=umose of taxes; 19-14, ~1~[]9~_ii~] ~ contraw to state or federal law; and 19-15, Liabilitv for tax ,_enerallv; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 58, page 405.) Mrs. Bowles moved the adoption of Ordinance No. 32959-060396. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers NAYS: None (Council Member Butier was absent.) ACTS OF ACKNOWLEDGEMENT: Mr. McCadden offered the following resolution recognizing and honoring the Honorable James E. Tallaferro, Mayor of the City of Salem, upon his retirement: (~32961-060396} .A. RESOLUTION rscogni.z, ing and honoring ~e ~ Honorable James E. Tal,aferro, Mayor of the C,ty of Salem, upon h,s retirement. (For full text of Resolution, see Resolution Book No. 58, page 437.) Mr. McCadden moved the adoption of Resolution No. 32961- 060396. The motion wes seconded by Mrs. Bowles and adopted by the following vote: Wyatt and Mayor Bowers NAYS: None ....... (Council Member Butler was absent.) AYES: Council Members Bowles, McCadden, Parrott, White, 6. OJ BUSES-LEGISLATION-AMTRAK: Mr. Parrott offered the following resolution requesting that Amtrak reinstate bus service from Roanoke to Clifton Forge in order to make Amtrak train service more accessible to the citizens of the City of Roanoke and the Roanoke Valley: (#32981-060396) A RESOLUTIO.N. requeetin, g that Amtrak reinstate b.us service from Roanoke. to Chffon F.o. rge In order to make Amtrak tra,n service more accees~ble to the c~tizens of the City of Roanoke and the Roanoke Valley. (For full text of Resolution, see Resolution Book No. 58, page 472.) ACTION: Mr. Parrott moved the adoption of Reeoluffon No. 32981-060396. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, Parrott, White, Wyatt and Mayor Bowers . . 5. NAYS: Council Member McCadden (Council Member Butler was absent) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ELECTIONS-COUNCIL: Council MemberWyatt inquired astothe status of the Citizens' Committee for the Modified Ward System; whereupon, the City Manager advised it is anticipated that by June 7 responses will have been received from all organized neighborhood organizaffons who intend to participate, after which time the process may proceed. ARMORY/STADIUM-CONSULTANTS REPORTS: Council Member McCadden inquired as to the status of the City Manager's report relating to a feasibility study for the Sports Complex (Victory Stadium and Field House); whereupon, the City Manager advised it is anticipated that the report will be placed on Council's agenda for June 17, 1996. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 4:15 p.m., the Mayor declared the meeting in recess. At 4:48 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Councii in attendance, with the exception of Council Member Buffer. 44 ACTION: 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 f~om open meeting requirements under the Virginia Freedom of Informaffon Act; and (2) only such public business matters as were identified in any moffon by which any Execuffve 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, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: None 0. (Council Member Buffer was absent.) CITY TREASURER-CITY EMPLOYEES-PERSONNEL DEPARTMENT: Mrs. Bowles offered the following resolution appointing David C. Anderson as City Treasurer for a term commencing upon his qualification and expiring on December 31, 1997: (~f32982-060396) A RESOLUTION.appoinffng. David C. Anderson as City Treasurer for a term commenc,ng upon hm qualification and expiring on December 31, 1997. (For full text of Resolution, see Resolution Book No. $8, page 473.) Mrs. Bowles moved the adoption of Resolution No. 32982-060396. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers ... 6. NAYS: None 0. (Council Member Buffer was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there is a vacancy on the Roanoke Neighborhood Partnership Steering Committee created by the resignation of Lawrence M. Taylor and called for nominations to fill the vacancy. 45 ACTION: Mr. McCadden placed in nomination the name of Joseph F. Nash, Jr. There being no further nominations, Mr. Nash was elected as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 30, 1997, by the following vote: FOR MR. NASH: Council Members Bowies, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. (Council Member Butler was absent.) APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk Mayor There being no further business, the Mayor declared the meeting adjourned at 4:56 p.m. 46 REGULAR WEEKLY SESSION----ROANOKE CITY COUNCIL June 17, 1996 12:30 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 t7, 1996, at 12:30 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, ~ of Section 2-15, ~ Code of the City of Roanoke (1979), as amended. PRESENT: .C. ouncil .M.embers Wendell H. Butler, Delvis O. McCsdden, John H. Parrott, William. Wh,te, Sr., Lmda F. Wyatt, Elizabeth T. Bowles (arrived at 12:45 p.m.) and Mayor Dsv,d A. Bowers 7. ABSENT: None · 0. · OFFICERS PRESENT: W. Robert Herbert, Ci~ Manager; James D. Ritchie, Sr., Ass,stant City Manager; W, Iburn C. Dibling, Jr., C,ty Attorney; Stephen J. Talevi, Assistant City Attomey; James D. GHsso, Director of Finance; and Mary F. Parker, City Clerk. BUILDINGS/BUILDING DEPARTMENT-HOUSING/AUTHORITY. PUBLIC WORKS-PLANNING-RENTAL INSPECTION PROGRAM: The City Manager having presented the proposed Rental Inspections program to Council on Monday, May 20, 1996, and Council having referred the matter back to the City Manager to address certain concerns raised by John C. Kepley, the representing the Roanoke Property Investors Association, the matter was again before the body. The City Manager advised that since May 20, various issues of concern have been discussed with the Roanoke Property Investors Association and the Rental Inspections Committee, and while all interested parties are not in total agreement with all aspects of the Rental Inspections program, further adjustments have been made to the proposed ordinance. The City Manager presented a briefing outlining differences between the revised ordinance and resolution presently before Council and the previous ordinance and resolution which were before Council for consideration at its meeting on Monday, May 20: 47 Section 7-35, ~ - revised the definitions of dwe!ling and dwelling unit to include rooming houses with,n the program. Section 7-35, 0Qfinitions - "person in control" has been deleted as a defined term and in the text of the ordinance. "Owner", "Managing Agent", and "Tenant" are defined, and the ordinance is more explicit in its reference to each so as to avoid confusion as to applicability of parts of the ordinance to these three parties. Section 7-37, Inspection and certificate of comDliance ~ - revised to clarify when a unit may or may not be re-rented upon vacancy. Specifically, after the program applies to a unit, that unit may not be re-rented upon vacancy unless it has a valid certificate of compliance, a temporary waiver, or a certificate of exemption. Section 7-40, Issuance of certificate of comuliance - subparagraph (A) is revised to clarify that a certificate of compliance will be issued at the completion of a passed inspection if the owner or agent is present to receive the certificate. The City may not delay issuance of the certificate. Section 7.41, Temporary waiver of com_~liance - subparagraph C is deleted as being repetitive of the provisions of Section 7-37, which has been revised as described above. Section 7-39, Certificate of exemotion, and Section 7.42, Disolay of certificates - revised to authorize an owner or managing agent to display evidence of an issued certificate but not to require such display, which issue was a major point from some rental owners, although other interests supported the provision requiring a display. An owner or agent is also prohibited from displaying an expired or voided certificate, temporary waiver or exemption. Section 7.43, Alteration of _oroof of comoliance - a new section, prohibiting alteration to any certificates or proof of compliance, such as changing dates or addresses. 48 Section 7-45, ~ - subparagraph (B) revised to reference the provisions of the Virginia Building Ma,ntenance Code, which may change from time to time. Previous Section 7-46, ~. deleted. The Code section had required owners and managing agents to advise the City of rental properties owned and managed by them. This was also a point of concern by property owners, and the consensus of the committee was not to require such notice. The Administration will attempt to gather the needed information through other means, including requesting information from property owners. The Fee Compendium resolution has been revised to clarify when fees would apply. Robert Lynn, 535 Mountain Avenue, S. W., advised that the City of Roanoke must strive to create a quality of life that will cause citizens to want to live and to remain in the City; therefore, the Rental Inspections program provides an opportunity to address the quality of life issue. Paula L. Price, President, Old Southwest, Inc., read a prepared statement advising that the Rental Inspections program in its present form is not the same Rental Inspections program that the task force, the City and citizens agreed upon, and the Program in its present form is weighted in favor of the owners of rental property and against the health and safety interests of tenants City-wide. She stated that the most important case in point relates to a required inspection sticker to be displayed in plain view of tenants so that they will know if a unit has passed a basic health and safety inspection. She added that many times tenants do not know that rental units are required to meet certain code requirements and are afraid to protest conditions which effect their health and safety; therefore, mandatory display of stickers would not only insure compliance by landlords, but would provide an educational tool for tenants, and only those landlords with less than honorable intentions would protest the posting of an inspection sticker. She requested that a Rental Inspections program be adopted that is acceptable to all participants which would include mandatory display of the inspection sticker. Ms. Petie Brigham, 509 Allison Avenue, S. W., advised that it is understandable that the City must operate the Rental inspections program under the perimeters of State law; however, she suggested that the City work toward having State law changed. The Mayor advised that the Water Resources Committee was scheduled to meet at 1:00 p.m., therefore, the Rental Inspections program briefing would continue at the 2:00 p.m., session of the Council. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 1:00 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., the regular meeting of Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance: PRESENT: Council Members Wendell H. Butler, Delvis O. McCadden, John H. Parrott, William White, Sr., Linda F. Wyatt, Elizabeth T. Bowies and Mayor David A. Bowers 7. ABSENT: None OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend Vater C. Colbert, Pastor, Maple Street Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Master Daniel Tucker, Boy Scout Troop No. 5, Hollins Road Baptist Church. ACTS OF ACKNOWLEDGEMENT-CITY GOVERNMENT: The Mayor announced that the City of Roanoke is a five time winner of the Ali-America City Award, which award was presented on Saturday, June i5, 1996, in Forth Worth, Texas. ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL-TOTAL ACTION AGAINST POVERTY: Mr. White offered the following resolution recognizing and commending the meritorious service rendered to the City by the Honorable Elizabeth T. Bowles, Member, Roanoke City Council: ACTION: (~32984-061796) A RESOLUTION recognizing and commending the meritorious service rendered to the City by the Honorable Elizabeth T. Bowles, Member, Roanoke City Council. (For full text of Resolution, see Resolution Book No. 58, page 476.) Mr. White moved the adoption of Resolution No. 32984-061796. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, and Mayor Bowers .. 6. NAYS: None 0. (Council Member Bowles abstained from voting.) ~-- Theodore J. Edlich, III, Executive Director, Total Action Against Poverty, presented a resolution to Mrs. Bowles which was adopted by the TAP Board of Directors on June 11, 1996, in appreciation of her service as a member of the Board of Directors. ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Mr. Parrott offered the following resolution recognizing and commending the meritorious service rendered to the City by the Honorable Wendell H. Butler, Member, Roanoke City Council: (#32985-061796) A RESOLUTION recognizing and commending the meritorious service rendered to the City by the Honorable Wendell H. Butler, Member, Roanoke City Council. (For full text of Resolution, see Resolution Book No. 58, page 478.) ACTION: ACTION: Mr. Parrott moved the adoption of Resolution No. 32985-061796. The motion was seconded by Mr. White and adoptod by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers 6. NAYS: None ...... 0. (Council Member Butler abstained from voting.) ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Ms. Wyatt offered the following resolution recognizing and commending the meritorious service rendered to the City by the Honorable Delvis O. "Mac" McCadden, Member, Roanoke City Council: (#32986-061796) A RESOLUTION recognizing and commending the meritorious service rendered to the City by the Honorable Delvis O. "Mac" McCadden, Member, Roanoke City Council. (For full text of Resolution, see Resolution Book No. 58, page 479.) Ms. Wyatt moved the adoption of Resolution No. 32986-061796. The motion was seconded by Mr. Parrott and adopted by the following vote: and Mayor Bowers NAYS: None ..... (Council Member McCadden abstained from voting.) AYES: Council Members Butler, Parrott, White, Wyatt, Bowles 6. PROCLAMATIONS-ACTS OF ACKNOWLEDGEMENT-YOUTH- SPORTS ACTIVITIES: The Mayor presented a proclamation declaring Monday, June 17, 1996, as Roanoke Star Under-13 White Soccer Team Day in the City of Roanoke, and commended The Roanoke Star soccer team upon winning the Virginia Youth Soccer Association State Championship. (For full text, see Proclamation on file in the City Clerk's Office.) 52 PIPE LINES/STORAGE TANKS-FRANCHISES.CITY PROPERTY- UTILITIES-ROANOKE GAS COMPANY-WATER RESOURCES: Council at its regular meeting on Monday, May 20, 1996, having given public notice as required by law that bide will be received in open session of the Council on Monday, June 17, 1996, at 2:00 p.m., or as soon thereafter aa the matter may be heard, for the award of a 20-year franchise to use the public right-of-way for construction and maintenance of a gas distribution system, the matter was before the body. The City Attorney submitted a written report advising that pursuant to Section 15.1-307, Code of Virginia (1950), as amended, no franchise, lease or right-of-way of any kind to use public property shall be granted for a term in excess of five years except after due advertisement and public receipt of bids; acting pursuant to the authority of Council given at its meeting on Monday, May 20, 1996, and Section 15.1-308 of the Stats Code, the City Clerk advertised a public notice inviting written bids for a certain franchise to construct, operate and maintain a gas distribution system in the City and also inviting written bids for the right to construct, operate and maintain · gas --- transmission pipeline on the Carvina Cove Reservoir prope_r~y, of the lB City; and the public notice was published in ~ on May 24, 1996, May 31, 1996, June 7, 1996, and June 14, 1996. The City Attorney further advised that all bids shall be in writing and shall be delivered in open session of City Council at 2:00 p.m., or as soon thereafter as the matter may be heard, on June 17, t996, and thereafter, the presiding officer shall cause the bids to be read aloud and inquire if there are other bids to be offered. (For full text, see report on file in the City Clerk's Office.) The Mayor advised that at its meeting on May 20, 1996, Council directed the City Clerk to have a public notice published inviting written bids for a certain franchise to construct, operate and maintain a natural gas distribution system in the City; the required public notice was published in ~ on May 24, 1996, May 31, 1996, June 7, 1996, and June 14, 1996; and a copy of the full text of the ordinance proposing to grant a gas franchise has been on file in the Office of the City Clerk since May 20, 1996. 53 The Mayor then inquired if there were persons present who would like to submit bids on the matter; whereupon, one bid was filed with the City Clerk. The Mayor further inquired if there were other bids. There being none, the Mayor declared the bidding closed, and requested that the City Clerk read aloud the one bid received to construct, operate and maintain a natural gas distribution system in the City of Roanoke; whereupon, the City Clerk opened and read the one bid received by the City from Roanoke Gas Company, as follows: "In accordance with the City Council's action of May 20, 1996, inviting written bids for a natural gas franchise for a term of 20 years, Roanoke Gas Company (Grantee) hereby bids to the City (Grantor) a franchise fee as follows: (a) Grantee will pay to Grantor a Franchise Fee which shall be calculated pursuant to the following. It is understood that Grantee has or will enter into Franchise agreements with the City of Salem ("Salem") and the Town of Vinton ('~/inton') (Grantor, Salem, and Vinton being hereinafter sometimes collectively referred to as the "localities") with fee provisions identical to this one, and that the total annual Franchise Fee to be paid to the three localities in aggregate is $56,000.00 for calendar year 1996 ("base year total annual Franchise Fee"). Grantor's Franchise Fee shall be a percentage share of the base year total annual Franchise Fee, which shall be determined on a pro rata basis according to its percentage share of the total dollar value of Grantee's gas sales occurring within the localities during the calendar year. For each calendar year of the Franchise, each Iocality's percentage share shall be determined by the following formula: Locality's percentage share= total dollar value of Grantee's gas sales wi~hil~ the Territorial Limits of the locality total dollar value of Grantee's gas sales in the three localities For calendar year 1996, the Franchise Fee shall be paid to Grantor on or before March 31, 1997. 54 (b) For each succeeding calendar year during the term of this Fran..ch. ise, the total annual Franchise Fee paid b.y Grantee to the Iocal,tiss shall be the base year total annual French,se Fee increased by three (3) percent compounded annually over the term of the Franchise. For each calendar year during the term of this Franchise, Grentor's percentage share shall be determined pursuant to this Section, and paid to Grantor on or before March 31 of the succeeding calendar year. Roanoke Gas Company further acknowledges and accepts the conditions and terms of the proposed franchise ordinance as advertised and on file in the Office of the City Clerk of the City of Roanoke. ACTION: Roanoke Gas Company is pleased to offer this bid, retroactive to January 1, 1996, and stands ready to execute the necessary documents and furnish certificates of insurance and bonds as may be required under the proposed ordinance." The Mayor advised that pursuant to provisions of the State Code, it is required that the bid be referred to a Bid Committee for such investigation as is appropriate; whereupon, the Mayor appointed Vice- Mayor White, Chairman, the City Manager, City Attorney, and Director of Finance as members of the Bid Committee. See page 22 for further action on the matter.) The Mayor further advised that at its meeting on Monday, May 20, 1996, Council directed the City Clerk to have a public notice published inviting written bids for the right to construct, operate and maintain a gas transmission pipeline for a term of 20 years upon certain property of the City; the required public notice was published in The Roanoke Times on May 24, 1996, May 31, 1996, June 7, 1996, and June 14, 1996; and a copy of the full text of the ordinance proposing to accept a bid for the right to construct, operate and maintain a gas transmission pipeline has been on file in the Office of the City Clerk since May 20, 1996. The Mayor then inquired if there were persons present who would like to submit bids on the matter; whereupon, one bid was filed with the City Clerk. The Mayor further inquired if there were other bide. There being none, the Mayor declared the bidding cloeed, and requested that the City Clerk read aloud the one bid received for the right to construct, operate and maintain a gas transmission pipeline on City-owned property at the Carvins Cove Reservoir; whereupon the City Clerk opened and read the one bid received by the City from the Roanoke Gas Company, as follows: "In accordance with the City Council's action of May 20, 1996, inviting written bids for the right to construct, operate and maintain a gas transmission pipeline for a term of twenty (20) years within a certain right-of-way approximately 14,129 feet in length on City-owned property known as the Carvins Cove Reeer~oir Property in Botetourt County, Virginia, and Roanoke County, Virginia. Roanoke Gas Company (licensee) hereby bids to the City as a Pipeline Right-of-Way License Fee as follows: License Fee (a) Licensee shall pay to the City an annual license fee for each calendar year of the term of this License Agreement. The annual license fee for the first five (5) years of the term (1996 through 2000, inclusive) shall be $1,455.00. (b) In order to maintain a license fee fair to the City and the Licensee throughout the term of this License Agreement, on the fifth anniversary of the commencement date of this Agreement and every five years thereafter, the amount of the license fee shall be adjusted, up or down, to an amount determined by mutual agreement of the City and the Licensee. The City and Licensee agree to use a ten (10) percent return on the fair market value of the City Property in determining the license fee. In the event that the City and Licensee are unable to agree on the license fee, then each shall retain, at its own expense, a qualified appraiser of real estate who shall appraise and report as to the fair market value of the license fee utilizing the ten (10) percent return rule agreed upon above. The average of the two values shall then be calculated, and the average shall be the license fee paid by Licensee for the succeeding five (5) years. (c) Any license fee adjustment under the formula established by subsection (b) above shall be calculated in the month of November, 2000, for the second five (5) years of the term (2001 through 2005, ACTION: inclusive); and in the month of November, 2005, for the third five (5) I' years of the term (2006 through 2010, inclusive); and in the month of II November 2010, for the fourth and final five (5) years of the term (2011 · through 2015, inclusive). (d) The annual license fee for calendar year 1996 shall be due and payable within ten (10) calendar days after the date of this Agreement; provided, however, for calendar year 1996, Licensee shall be entitled to a credit for any payments made for such calendar year under the previous Gas Pipeline Agreement. For calendar year 1997 and succeeding calendar years, the annual license fee for each calendar year of this Agreement shall be due and payable in advance on December 15 preceding each such calendar year. Roanoke Gas Company further acknowledges and accepts the conditions and terms of the proposed ordinance granting the right-of- use of City property and the proposed Gas Pipeline Agreement on file in the Office of the City Clerk of the City of Roanoke. Roanoke Gas Company is pleased to offer this bid, retroactive to January 1, 1996, and stands ready to execute the necessary documents and furnish certificates of insurance and bonds as may be required under the proposed agreemenL" The Mayor advised that pursuant to provisions of the State Code, it is required that the bid be referred to a Bid Committee for such investigation as is appropriate; whereupon, the Mayor appointed Vice- Mayor White, Chairman, the City Manager, City Attorney and Director of Finance as members of the Bid Committee. (See page 49 for further action on the matter.) CON~ENTAGENDA 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. MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE: Minutes of the Audit Committee meeting of Roanoke City Council held on Monday, June 3, 1996, were before Council. ,I 57 ACTION: The Audit Committee considered the following items: External Audits: A. KPMG Peat Marwick General Audit Plan for fiscal year 1996 B. Sheriff's Canteen Fund C. Jail Inmate Fund Internal Audits: Special Events Committee Municipal Auditing Audit Plan for 1997 Briefing on year end status of internal audits (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. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Psrrott, White, Wyatt, Bowles and Mayor Bowers 7. NAYS: None 0. ELECTIONS: A communication from Gilbert E. Butler, Jr., Secretary, Roanoke City Electoral Board, transmitting a certified copy of the Abstract of Votes cast in the Republican Primary Election held in the City of Roanoke on June 11, 1996, was before Council. "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the June 11, 1996 Republican Primary Election, for 58 ACTION: MEMBER UNITED STATES SENATE Names of Candidates Total Votes Received (In Figures) James C. "Jim" Miller III John W. Wamer 1,753 5,647 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 tl, 1996, do hereby certify that the above is a true and correct Abstract of Votes cast at said Republican Primary Election for Member of the Senate in the Congress of the United States. Given under our hands this 12th day of June, 1996. A copy teste: [SEAL] Charles T. Green, Chairman Frances Garland, Vice Chairman Gilbert E. Buffer, Jr., Secretary Gilbert E. Buffer, Jr., 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 Buffer, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers. 7. NAYS: None CITY COUNCIL-PUBLIC WORKS-MUNICIPAL BUILDING- CONSULTANTS REPORTS: A report of the City Manager with regard to renovation of the City Council Chamber, was before the body. The City Manager advised that the City Administration has been studying the need for improvements to the City Council Chamber; in December 1995, the City entered into an agreement with a planning consultant, Vitetta ..Group/Daniel C. Smith & Associates, i.nc., to prepare a long-range facilities master plan on five downtown buddings ii ACTION: ACTION: (Municipal North, Municipal South, Police building, Courts building and Health Center); the basic objective of the study is to analyze present floor space within each of the five buildings and to determine the most effective means by which to efficiently utilize the space; with the vast number of departments and agencies included in the study, each having its own unique spatial needs, the consultant is in the process of developing several options for accommodating the growth of these user groups into the early twenty-first century; and because the Council Chamber is presently located on the fourth floor of Municipal South and is a space which supports many other City/community activities, it seems reasonable to wait until the consultant's opUons can be reviewed and concrete recommendations made with regard to its future use and location within the municipal government complex. The City Manager requested a delay unUI approximately the month of September for completion of the study of the Council Chamber and presentation of recommendations and cost estimates. (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. The motion was seconded by Mr. McCadden and adopted by the follOwing vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers 7. NAYS: None 0. COMMITTEES-SCHOOLS: A communication from C. Nelson Harris tendering his resignation as a Trustee of the Roanoke City School Board, due to his recent election as a member of the Roanoke City Council, effective June 30, 1996, 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. McCadden and adopted by the following vote: ACTION: ACTION: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers 7. NAYS: None 0. COMMITTEES-HOUSING/AUTHORITY: A communication from Acme Hayes tendering his resignation as a member of the Fair Housing Board, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that the communication be received and filed and that the resignation be accepted. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers ... 7. NAYS: None O. OATHS OF OFFICE-YOUTH-SCHOOLS: The following reports of qualification were before Council: Sherman A. Holland as a member of the Youth Services Citizen Board for a term ending May 31, 1999; and Charles W. Day and Brian J. Wishneff as Trustees of the Roanoke City School Board for terms of three years, each, commencing July 1, 1996 and ending June 30, 1999. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the reports of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers 7. NAYS: None HEARING OF CITIZENS UPON PUBLIC MATTERS: PARKS AND RECREATION-PLANNING-GRANTS-SPORTS ACTIVITIES-ROANOKE CITY BOXING ASSOCIATION: L. Richard Hawkins, representing the Roanoke City Boxing Association, presented an update on the progress of the program, and advised that the application for Community Development Block Grant funds as a non- profit organization has been filed, and the Department of Parks and Recreation is conducting a feasibility study of potential sites for operation of the boxing program for Roanoke's youth. POLICE DEPARTMENT-YOUTH: Ms. Tis Morrison, 1535 Wsstside Boulevard, N. W., and Ms. Charity Brown, 1302 Greenland Avenue, N. W., participants in the Minority Journalism workshop sponsored by The Roanoke Times, appeared before Council and raised questions with regard to why parents are prosecuted for certain illegal deeds committed by their children, and inquired as to whether the City of Roanoke has a curfew law applicable to juveniles. The City Attorney extended an invite~on to Ms. Morrison and Ms. Brown to visit with him for detailed explanations. PETITIONS AND COMMUNICATIONS: LANDMARKS/HIST. PRESERVATION-ARCHITECTURAL REVIEW BOARD: A petition from David C. Helscher, Attorney, representing Maple Avenue Associates, Inc., appealing a decision of the Architectural Review Board in connection with a request for a Certificate of Appropriateness to demolish a structure located at 1422 Maple Avenue, S. W., was before Council. (For full text, see petition on file in the City Clerk's Office.) The City Clerk advised that Edward A. Natt has been retained as attorney for Maple Avenue Associates, Inc., and Mr. Natt has requested that the matter be deferred until the regular meeting of Council on Monday, July 15, 1996, at 7:00 p.m.; whereupon, Council concurred in the request. 62 BUDGET-GRANTS-UTILITIES-SCHOOLS: A communication from the Roano. ke City School Board requesting appropriati.o.n of funds to I the follo~nng 1995-96 school grants, was before Counc,I. Grant Ho. 6451 - $60,341.00 for the Summer Youth Employment Program to provide training and hands-on experience for building trades students. The Program will be 100 per cent reim.bureed by Federal funds and is a continuing program. Grant No. 6931 - $9,250.00 for the Project Success Program to utilize additional contributions from the private sector to establish a joint venture between Roanoke City Schools, area colleges, and area businesses. Grant No. 6943 - $5,000.00 for the Thurman Foundation for Children Program which will support the activities of the Partners for Success Program. The funds will provide for teacher campus visits and leadership training for participants. The following school grants are for fiscal year 1996-97: Grant No. 6154 - $2,596,775.00 for the Title 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 and is a continuing program. Grant No. 6240 - $170,260.00 for the Title VI Program to provide funds for implementation of innovative instructional programs in the school district and to provide visiting teacher services. The Program will be reimbursed by Federal funds in the amount of $122,503.00 and a local match in the amount of $47,757.00. This is a continuing program. 63 Grant No. 6241 - Grant No. 6310 Grant No. 6533 - Grant No. 6534 - Grant No. 6535 - Grant No. 6536 - $66,409.00 for the Eisenhower Tiffs II Program is to provide for activities to improve the skills and knowledge of mathematics, science and technology teachers while facilitating greater communication and collaboration between disciplines and across grade levels. The Program will be reimbursed 100 per cent by Federal funds and is a continuing program. $943,505.00 for the Governor's School Program to provide instruction in science and math to high school students. The Program will be supported by State funds and tuition collected from participating school districts and is a continuing program. $956,000.00 for the 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 and is a continuing program. $60,078.00 for the Child Development Clinic Program to provide funds for the salary and expenses of the educational coordinator at the clinic. One hundred per cent of expenses will be reimbursed by State funds. This Program is a continuing program. $57,050.00 for the Child Specialty Services Program to provide funds for the salary and expenses of the educational coordinator. The Program is 100 per cent reimbursed by State funds and is a continuing program. $108,346.00 for the Juvenile Detention Home Program to provide for the salary and expenses of the two educational coordinators. The Program is 100 per cent reim.bu~ed by State funds and is a continmng program. Grant No. 6537 - Grant No. 6784 - Grant No. 6785 - Grant No. 6786 - Grant No. 6787 - Grant No. 6788 - $115,506.00 for the Preschool Incentive Progra..m 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 100 per cent reimbursed by Federal funds and is a continuing program. $110,540.00 for the Adult Basic Education Program to provide funds for the education of adults who have not completed high school. The Program will be reimbursed by Federal funds in the amount of $87,940.00, with matching funds totalling $22,600.00, and is a continuing program. $112,888.00 for the Apprenticeship Program to provide on-the-job and classroom vocational instruction for students in the program. Revenue will be provided by State funds and by fees paid by participants. This is a continuing program.. I $312,0t2.00 for the Perk,ns Act Program to :~ provide funds for vocational instructors and equipment. One hundred per cent of expenditures will be reimbursed by Federal funds. This is a continuing program. $35,000.00 for the Regional Education Specialists Program to provide ancillary and support services for the Adult Literacy and Basic Education Program in the planning district, which includes the Cities. of Roanoke, Salem, Covington, and CI;fton Forge and the Counties of Roanoke, Craig, Botetourt, and Alleghany. One hundred per cent of the expenditures will be reimbursed by State funds. This is a continuing program. $24,933.00 for the Adult Education in the Jails Program to provide pass-through funds to be used for instruction to inmates in the 65 Roanoke City and Roanoke County jails to aid in their acquisition of the GED certificate. Expenditures will be reimbursed t00 per cent by Federal funds. This ia a continuing program. Grant No. 6789 - $90,250.00 for the Regional Adult Literacy (TAP) Program to provide funds for the administration of adult literacy programs in Alleghany County, Roanoke County, and the Cities of Covington, Clifton Forge, and Salem. The Program will be subcontracted through TAP, Federal funds will pass through the Roanoke City Schools. This is a continuing program. Grant No. 6944 - $256,296.00 for the Project YES (Youth Experiencing Success) Program to identify, assess, evaluate, and provide assistance for at-risk sixth and ninth grade students who are potential dropouts. The Program is reimbursed 100 per cent by State funds and is a continuing program. Grant No. 6946 $37,334.00 for the Drug Free Schools Program to provide funding for a student assistance counselor at the secondary level to work with substance abuse issues. One hundred per cent of expenditures will be reimbursed by Federal funds. This is a continuing program. Grant No. 6947 - $842,000.00 in State bond funds issued by the Virginia Department of Education to purchase school instructional technology equipment. One hundred per cent of the program outlays will be reimbursed by State bond funds. This is a continuing program. Grant No. 6948 - $53,968.00 for the Homeless Assistance Program to provide instructional services to homeless students. The Program will be 66 ACTION: reimbursed by Federal fu.nds totalling $51,568.00, with a. lo. cai match ,.n the amount of $12,400.00. Th,s ,s a continu,ng program. Grant No. 6949 - $64,000.00 for the Grants Management Program to provide funding for the salary and fringe benefits of the Director of Grants. Expenditures will be 100 per cent reimbursed by Federal funds. This is a continuing program. It was explained that as a result of official School Board action at its June. 11 meeting, the School Board was also requesting the close out of 42 school grants which have been completed, with ouIJays for the grants totalling $10,893,311.45; and further requesting that Council approve the transfer of School Board contingency funds to the School Plants electricity account to meet utility needs of the district through the end of the current fiscal year, due to an unusually high number of heating and cooling degree days. Reports of the Director of Finance concurring in the requests of the School Board were also before the body. _ (For full text, see communications and reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (~32987-06t796) AN ORDINANCE to amend and reordain certain sections of the 1995-96 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 480.) Ms. Wyatt moved the adoption of Ordinance No. 32987-061796. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers 7. NAYS: None ... 67 Ms. Wyatt offered the following emergency budget ordinance: (#32988-061796) AN ORDINANCE to amend and reordain certain sections of the 1996-97 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 482.) ACTION: Ms. Wyatt moved the adoption of Ordinance No. 32988-061796. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Buffer, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers 7. NAYS: None 0. At 3:15 p.m., the Mayor declared the meeting in recess. At 3:35 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: CITY CODE-BUILDINGS/BUILDING DEPARTMENT-HOUSING/ AUTHORITY-PUBLIC WORKS-PLANNING-ROANOKE NEIGHBORHOOD PARTNERSHIP-RENTAL INSPECTIONS PROGRAM: Council at its 12:30 p.m., session having received a briefing on proposed changes to the Rental Inspections program as a result of certain concerns expressed by property owners at the Monday, May 20, 1996 Council meeting, and in view of time constraints, Council having continued the briefing until the 2:00 p.m., session, the matter was again before the body. The Mayor called upon the City Manager to continue the 12:30 p.m. briefing on the Rental Inspections program. 68 ACTION: The City Manager advised that the Rental Inspections program is a mandatory inspection program, which.is aa strong a.s the laws of I the Commonwealth of Virginia will allow w~th two exceptions, viz: (1) Council may require that landlords provide the City with a formal list of property that they own and use for rental purposes; however, this has not been recommended because a consensus was not reached by the task force, and he has been advised by City staff that it is believed that the information can be obtained voluntarily; and (2) the task force could not reach agreement on mandatory display of the inspection sticker. He emphasized that with those two exceptions, the recommendation before Council is the maximum allowable under State law. Mr. Parrott offered the following emergency ordinance: (#32989-061796) AN ORDINANCE creating Article 11.2, Rental Certificate of Com_Dliance. of Chapter 7, Buildin._ Re_eulations, of the Code of the City of Roanoke (1979), as amended, to provide for the inspection of rental dwellings and dwelling unite in the City of Roanoke, and repealing Article IV, ~, of Chapter 16, Human Ri,_hts. of the Code of the City of Roanoke (1979), as amended; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 492.) Mr. Parrott moved the adoption of Ordinance No. 32989-061796. The motion was seconded by Dr. Butler. A communication from Dr. Anthony R. Stavola, Past President, Greater Raleigh Court Civic League, advising that with the many volunteer aspects of the Rental Inspections program and the lack of any real enforcement mechanism, the minority of landlords who are not concerned with maintenance will be those who will not comply with the Program; there seems to be many unanswered questions about how the Program will work, as well as available tools to mandate compliance, and suggesting that City staff give further review to enforcement issues, was before Council. A communication from Michael F. Urbanski, Incoming President, Greater Raleigh Court Civic League, advising that although the current proposal for rental inspections does not directly impact his neighborhood, he expressed concern that the City's fire inspection plan for rental property should be mandatory and contain some reliable mechanism for annual reporting and insuring compliance, was before Council. (For full text, see communications on file in the City Clerk's Off~ce.) The Mayor requested that the communications from Dr. Stavola and Mr. Urbanski be received and filed and made a part of the record. The Reverend Wayne C. Harrison, 825 Stewart Avenue, S. E., advised that in his walking tours of the southeast neighborhood, the property of homeowners is fairly well maintained compared to landlord (rental) property. He stated that the main issue is the circumstances under which some people must live, and it would appear that if there is a law on the books, it should have enough teeth to make it enforceable, and urged that Council enact a measure providing maximum enforcement. Paula L. Prince, President, Old Southwest, Inc., advised that Old Southwest believes that the Rental Inspections program should be as strong as possible, and requested that Council adopt an ordinance to i provide that display of the Certificate of Compliance sticker will be mandatory. H. Joel Kelley, 3038 Melrose Avenue, N. W., suggested that action on the Rental Inspections program be deferred and that the City request its representatives to the General Assembly to support legislation providing for City-wide enforcement. John C. Kepley, representing the Roanoke Property Investors Association, spoke in support of the revised Rental Inspections program which ia fair to tenants, landlords, the Building Department and all citizens of the City of Roanoke. He stated that if the Program is to succeed, there must be a better understanding and working relationship between the City of Roanoke's Building Department and the individual renter/property owner. He called attention to past disagreements and problems which he hopes will be resolved, and based on discussions with the City Manager and the Director of Public Works, assurances have been made that certain injustices will be corrected. He advised that the City's raze order to tear down houses is given too quickly, thousands of houses have been torn down within Roanoke City during the past ten years, and vacant lots are evident 70 everywhere. He added that each house which is tom down lowers the tax base and ?ads to an increase in taxes that other citizens must pay; I and such action also reduces affordable housing for those persons · who cannot afford to move to higher priced apar;,,,ents or houses in other parts of the Roanoke Valley. He recommended that Council consider placing a six month moratorium on razing houses to enable the issue to be studied in depth. He added that a housing task force should be appointed to address some of the issues that were raised during the past month by the Certificate of Compliance Draft Committee, which issues are set forth on Page 8, Related Issues, of the Program Outline. Kathy S. Hill, 509 Arbor Avenue, S. E., representing the Riverland Alert Neighbors Association, expressed concern with regard to rites in vacant houses that are not boarded up and cannot be rented because the structures are not in compliance with the building code. She stated that if the guidelines are revised to delete mandatory display of the Certificate of Compliance sticker, the whole purpose of the task force/citizen workshops will be defeated. She spoke against changing the laws to prevent the razing of substandard housing, because if a house has been boarded up for a long period of time without the necessary repai.re, it should be tom down to allow construction of other affordable housing, ti The Reverend Charles T. Green, t73t Hanover Avenue, N. W., called attention to a vacant house next door to his residence which has been vacant for ten years, and because of the deteriorating condition of the house, it would be difficult for him to sell his house, yet his property assessment continues to increase. He expressed sympathy to the plight of the landlord because there are tenants who destroy property, therefor, something should be done to educate the tenant on how to take care of rental property. He stated that there are hundreds of boarded up houses in the northwest area which are unsightly to the overall appearance of the City, and suggested that the City give further study to the Rental Inspection program and pmpere a stronger and more enforceable ordinance. Theodore J. Edlich, III, Executive Director, Total Action Against Poverty in the Roanoke Valley, advised that not requiring the list of rental properties of individual property owners, or mandatory display of the Certificate of Compliance sticker would not be a deficit to the Rental Inspections program; however, the greatest problem would be in not adopting the ordinance at this time. He pointed out that the City ?! Manager is committed to insuring that rental property meets housing I co. de s~ndards, a. nd or. er the ne~ 12 months, the City Manager, along w,th C,ty staff, ~nll review comphance levels; and urged that Council adopt the ordinance as drafted and continue to work with the City Manager on compliance issues and whether or not the law needs to be changed at some future date. William H. Wilson, III, 1818 Brandon Avenue, S. W., advised that the Certificate of Compliance sticker is not a major issue, and is not something that should determine whether the Program is adopted or not adopted. He stated that mandatory display of the Certificate of Compliance sticker appears to be a bad idea because it stigmatizes certain neighborhoods, and would cause citizens to feel that their neighborhood is not up to the same standards as other neighborhoods. He added that the Rental Inspections program will require the cooperation of all persons involved if it is to be successful, and opposing sides should not point fingers at each other for having different points of view. He requested that Council adopt the Rental Inspections program as presented. Mr. McCadden advised that he intended to vote against the i ordinance because the Rental Inspections program should be enforced City-wide and not just in conservation and rehabilitation districts. Ms. Wyatt suggested that Council review issues relating to display of the Certificate of Compliance sticker and voluntary submittal by property owners of the list of rental properties in six months to evaluate performance levels. Mr. White called for the question. The motion was seconded by Mr. Parrott and adopted, Mayor Bowers voting no. Ordinance No. 32989-061796 was adopted by the following vote: AYES: Council Members Butler, Parrott, White, Wyatt, Bowles and Mayor Bowers 6. NAYS: Council Member McCadden 1. 72 ACTION: Mr. Parrott offered the following resolution: (#32990-061796) A RESOLUTION amending the City's Fee Compendium to establish fees in connection with the City's Rental Certificate of Compliance Program. (For full text of Resolution, see Resolution Book No. 58, page 501.) Mr. Parrott moved the adoption of Resoluffon No. 32990-061796. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Buffer, Parrott, White, Wyatt, Bowies and Mayor Bowers 6. NAYS: Council Member McCadden BUDGET-REGISTRAR-ROANOKE CIVIC CENTER-PERSONNEL DEPARTMENT-CIRCUIT COURT-COMMUNICATIONS DEPARTMENT: The City Manager submitted a written report advising that personnel lapse is generated due to employee turnover and vacancies in City thedepartmen'ta; salarYin the savings of $785,000.00 are proje.cted as a result of vacancies current fiscal year; and total estimated personnel lapse generated for fiscal year 1995-96 is $936,372.00, which exceeds the estimate of $785,000.00 by $151,372.00, of which $148,550.00 needs to be transferred to the following departments to fund operating needs: Circuit Court - $44,040.00 to Fees for Professional Services; Registrar - $20,000.00 to TemporarY Wages to cover estimated costa of the June PrimarY election; Communications - $34,510.00 to Overtime Wages to cover shortages in the account aa a result of required training of existing staff for professional recertification, mandatorY training of new staff in areas such as CPR and emergency medical dispatch, and the snow storms of December 1995 and JanuarY 1996; and 73 ACTION: Civic Center - $50,000.00 to the Civic Center Fund to cover event planning expenses for futura conferences, including the Virginia Municipal League Annual Conferance in the fell of 1996. The City Manager recommended that Council authorize the transfer of funds from depar;~,ental account~ to Personnel Lapse Account No. 001-002-9410-1090 and adjust revenue estimates as set forth in Attachment A to the raport. (For full text, see raport on file in the City Clerk's Office.) Mrs. Bowies offerad the following emergency budget ordinance: (#32991-061796) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General and Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 503.) Mrs. Bowies moved the adoption of Ordinance No. 329914)61796. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Buffer, McCadden, Parrott, Wyatt, Bowles and Mayor Bowers ...... 6. NAYS: None .. 0. (Council Member White was out of the Council Chamber.) HUMAN DEVELOPMENT-HOUSING/AUTHORITY-PUBLIC WORKS- PLANNING-GRANTS-ENTERPRISE ZONE-ECONOMIC DEVELOPMENT: The City Manager submitted a written raport advising that each year the City raceives Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) entitlement funds from the U. S. Depar{~,ent of Housing and Urban Development (HUD) to implement a variety of community development programs; HUD did not provide exact entitlement figures to the City in January as expected due to delays in Congressional approval of HUD's appropriation bill, and instead, the City was instructed by HUD to prapars the Annual Update at ten per cent below fiscal year 1995 funding, an overall decraase of $294,700.00; on May 8, 1996, the City received notification of the exact entifl, ement amounts; Emergency .Shelter Grant funds were not I recmved; however, the CDBG allocation increased by $169,400.00 and HOME funds increased by $15,100.00 when compared to the estimated allocations previously provided by HUD and used in the budgeting process; and Council requested a recommendation concerning allocation of the additional funds prior to July 1, 1996. It was further advised that all eligible projects were reexamined and reconsidered for funding or for increases in 1996-97 funding allocations, which review included the Roanoke City Boxing Association's program for start-up funds to establish a boxing program for at-risk youth; and the following activities are recommended for increases in current levels of funding: Economic Development Investment Fund Downtown Historic Facade Grants Consolidated Rehabilitation Loans Empowering Individuals with Disabilities Emergency Assistance Fund Enterprise II Plan Roanoke Neighborhood Partnership General Administration $50,000.00 10,000.00 20,000.00 6,500.00 7,000.00 15,000.00 5,000.00 It was noted that the remaining $56,900.00 in Community Development Block Grant funds is recommended to be added to the CDBG contingency account for possible cost overruns, or for any future projects approved by Council. The City Manager recommended that he be authorized to amend the Annual Update to the HUD Entitlement Consolidated Plan, make budgetary adjustments as set forth in Attachment A to the report, and submit appropriate amendments to the U. S. Deper;,,ent of Housing and Urban Development after the required 30 day citizen review period, provided there are no compelling objections to the amendments. (For full text, see report on file in the City Clerk's Office.) 75 ACTION: Mr. McCadden offered the following resolution: (#32992-061796) A RESOLUTION authorizing the City Manager to amend the Annual Update of the Entitlement Consolidated Plan for fiscal year 1996-97 and submit said amendments to the United States Department of Housing and Urban Development (HUD), and to execute documents in connection with said amendments. (For full text of Resolution, see Resolution Book No. 58, page 509.) Mr. McCadden moved the adoption of Resolution No. 32992- 061796. The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, Wyatt, Bowles and Mayor Bowers 6. NAYS: None (Council Member INhite was out of the Council Chamber.) INSURANCE-PARKS AND RECREATION-PUBLIC WORKS: The City Manager submitted a written report advising that the Blue Ridge Zoological Society of Virginia, Inc. (Zoo), operates Mill Mountain Zoo on land leased from the City of Roanoke; the Roanoke Jaycees, Inc. (Jaycees), have operated a miniature train, often referred to as the "Zoo Choo", at the Mill Mountain Zoo since 1952; Ordinance No. 30865- 021092, adopted February 10, 1992, authorized the City to renew the agreement between the City, the Jaycees and the Zoo; parties to the previous agreement decided to negotiate a new agreement, end major points of the new agreement are as follows: Jaycees will retain train ownership; Zoo has exclusive license to operate the train; establishes "Zoo Choo" committee to recommend policy and procedures for train operation; net revenues split evenly between Jaycees and Zoo; initial term of agreement is through December 31, 1996, with automatic annual renewals; and 76 ACTION: the Zoo and the Jaycees will indemnify the City from any claims resulting from their intentional or negligent acts or omissions. A major point not in the previous agreement but in the new agreement is that the City will indemnify the Zoo and Jaycees from any claims resulting from the City's intentional or negligent acts or omissions. The City Manager recommended that he be authorized to execute an agreement with Blue Ridge Zoological Society of Virginia, Inc., and Roanoke Jaycees, 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. Perrott offered the following resolution: (#32993-061796) A RESOLUTION authorizing the proper City officials to execute an agreement with the Blue Ridge Zoological Society of Virginia, Inc., and Roanoke Jaycees, Inc., for the operation of the miniature railroad at the Mill Mountain Zoo, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 58, page 511.) Mr. Parrott moved the adoption of Resolution No. 32993-061796. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, Wyatt, Bowles and Mayor Bowers ..... 6. NAYS: None 9. {Council Member White was out of the Council Chamber.) PARKS AND RECREATION-ARMORY/STADIUM-PUBLIC WORKS- CONSULTANTS REPORTS: The City Manager submitted a written report advising that Heery International, Inc., of Atlanta, Georgia, with its Sports Facility Division and its Consultants, Hammer, Siler, George Associates, also of Atlanta, were selected to perform a feasibility study for use of Victory Stadium and Field House; on January 16, 1996, Council requested that the consultants concentrate their efforts on Option 4 for renovations to Victory Stadium; the City Manager was requested to contact local jurisdictions with regard to pureuing a regional development approach towards the Field House Complex; the matter was discussed with local government administrators on February 29, 1996, and although Roanoke Valley representatives liked the concept, they indicated that more pressing priorities need to be addressed. It wss explained that key elements of Victory Stadium renovations and related costs total $t4,625,000.00, excluding the purchase of property located north of Reserve Avenue. The City Manager recommended that Council receive with favor the feasibility study and refer the project for renovations to Victory Stadium to the long range Capital Improvements Program for future funding coneiderstion. (For full text, see report on file in the City Clerk's Office.) ACTION: Following a discussion of the matter, Mr. Parrott moved that the City Manager be requested to report to Council within 60 days as to the feasibility of completing Option 4 on a fasttrack basis. The motion was seconded by Mr. McCadden and unanimously adopted. NEIGHBORHOOD ORGANIZATIONS-PLANNING-GRANTS- ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager submitted a written report advising that as part of the annual budget and the Community Development Block Grant (CDBG) program, Council approved the expenditure of General Funds and CDBG funds for neighborhood improvement grants; the Neighborhood Improvement Grant Program was established in 1985 through the Roanoke Neighborhood Partnership and provides mini-grants up to $1,500.00 and Neighborhood Development Grants up to $10,000.00, with the purpose of the program to provide financial incentives for neighborhood organizations to undertake self-help projects; and proposed projects will provide neighborhood beautification, revitalization, and improve the quality of life in the following neighborhoods: Williamson Road Action Forum, Inc. - $800.00 for purchase and installation of trees in Bowman Park, $200.00 matching funds; 78 Old Southwest, Inc. - $800.00 for the following projects, $200.00 matching funds; establish · tool bank for Old Southwest residents to clean and maintain streets, sidewalks, yards and alleys; .I purchase hoses, watering cans, and fertilizer to assist and encourage residents to care for approximately t15 trees to be planted by the City; and develop and mail · flyer to residents to advertise the availability of the tool bank and to recruit volunteers for Block Pride Day. Old Southwest, Inc. - $9,800.00, purchase computer equipment and software for record keeping, creating presentations, and publishing the neighborhood newsletter, no matching funds; and Old Southwest, Inc. - $10,000.00, purchase seven vacant lots located in .the Old Southwest neighborhood, described as Offic;al Tax Nos. 1140102, 1140103, 1140104, 1131301,1131302,1131303 and 1131304. The City Manager recommended that he be authorized to execute the necessary agreements and amendments thereto, if necessary, with the abovereferenced neighborhood organizations, said agreements to be approved as to form by the City Attorney, within the limits of funds set forth in the report and for the purposes specified. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: (#32994-061796) A RESOLUTION authorizing the City Manager to execute administrative agreements and any necessary amendments thereto with two separate agencies for implementation of various Community Development Block Grant programs. (For full text of Resolution, see Resolution Book No. 58, page 51t.) 79 ACTION: Mr. McCadden moved the adoption of Resolution No. 32994* 061796. The motion was seconded by Mm. Bowles and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers 7. NAYS: None 0. BUDGET-PUBLIC WORKS-REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY-RECYCLING: The City Manager submitted a written report advising that the adopted budget for Solid Waste Management for fiscal year 1995-96 was prepared based on several budget assumptions regarding the cost of operating refuse disposal programs, i.e., estimated tons of refuse to be disposed of at the Roanoke Valley Resource Authority during fiscal year 1995-96 would be 42,266.00 tons; a major natural occurrence that could not be planned for was the rain storm that occurred on June 28, t995, in the Garden City Boulevard area, causing extensive damage on private properties and public right-of-ways; and approximately t,230 tons of debris was collected and disposed of at the Roanoke Valley Resource Authority. It was further advised that the budget assumption for operating refuse disposal programs was changed during the fiscal year because the tons of refuse disposed of at the Roanoke Valley Resource Authority exceeded the budget estimate by 3,103 tons, and the cost of the additional 3,103 tons at $45.00 per ton totals $139,635.00; and tons of debris collected and disposed of resulting from the major rain storm was 1,230 tons at $45.00 per ton, totalling $55,350.00. The City Manager recommended that Council authorize the transfer of $195,000.00 to Solid Waste Management - Refuse, Account No. 001-052-4210-2010. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: 8O ACTION: (#32995,06t796) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. J (For full text of Ordinance, see Ordinance Book No. 58, page 512.) Mr. White moved the adoption of Ordinance No. 32995-061796. The motion was seconded by Mr. Pan'orr and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt., Bowles and Mayor Bowers -- -7. NAYS: None BUDGET-COMMUNICATIONS DEPARTMENT-CONSULTANTS REPORTS: The City Manager submitted a written report advising that on July tl, 1994, Council authorized an agreement with Towers Perrin to provide outside assistance in exploring major service areas that should be studied for regional cooperation; and Towers Perrin presented its recommendations to the regional local government management group and representatives from the Roanoke Regi.onal Chamber of Com.mer. ce on May t2, 1995, which recom.me.ndafions included cooperation ,n Public Safety emergency commumcafions and public safety activities. It was further advised that Roanoke City Council and the Roanoke County Board of Supervisors were briefed at a joint meeting on March 4, 1996, with regard to the need to issue a joint City/County Request for Proposal to obtain Communications Consulting Services, and advertisement was published in ~L~ on Sunday, March 17, t996, with responses having been received from the following firms: RAM Communications Consultants, Inc.; Frederick G. Griffen, P.C.; Omnicom, Inc.; and Hayes, Seay, Mattern & Mattern; and staff from Roanoke City and Roanoke County evaluated and interviewed three of the four firms, with Hayes, Seay, Mattern & Mattem having been determined to be the most qualified to provide the required services at a competitive negotiated total cost of $36,000.00, which will be evenly shared by the City and the County. 81 ACTION: ACTION: The City Manager recommended that Council appropriate $18,000.00 from Contingency Reserve Account No. 001-002-9410-2199 to Communications Account No. 001-050-4130-2010 for Fees for Professional Services; and that he be authorized to execute a contract, in a form acceptable to the City Attorney, for joint City/County Communications Consulting Services. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (~32996-061796) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 513.) Ms. Wyatt moved the adoption of Ordinance No. 32996-061796. The motion was seconded by Dr. Buffer and adopted by the following vote: Wyatt, Bowles and Mayor Bowers NAYS: None Ms. Wyatt offered the following resolution: AYES: Council Members Buffer, McCadden, Parrott, White, 7. (#32997-061796) A RESOLUTION authorizing a contract between the City, Roanoke County and a consulting firm for the provision of communications consulting services. (For full text of Resolution, see Resolution Book No. 58, page 514.) Ms. Wyatt moved the adoption of Resolution No. 32997-061796. The motion was seconded by Dr. Buffer and adopted by the following vote: AYES: Council Members Buffer, McCadden, Parrott, White, wyatt, Bowles and Mayor Bowers .. 7. NAYS: None O. 82 ACTION: BUDGET-HUMAN DEVELOPMENT-FDETC: The City Manager submitted a written report advising that the Fifth District Employment and Training ConsoCdum administers the Federally funded Job Training Partnership Act (JTPA) for the Fifth Planning District; and the Consortium serves eligible residents in the Counties of Allegheny, Botstourt, Craig and Roanoke, end the Cities of Clifton Forge, Covington, Roanoke and Salem. It was further advised that the Governor's Employment and Training Department (GETD) has sent to the Consortium Notices of Award and adjustments for programs which include on-the-job training, work experience, job related education, classroom training, job placement activities, and remedial education in the following amounts: Title II-B (Summer Youth Employment Program) Funds - $324,165.00 (Notice of Award No. 96-03-t 1), will be used to provide remedial education, academic enrichment, work experience with payment of wages, training, counseling, and other benefits for 200 to 225 youth; and Title II-C Funds - $30,339.00 (Notice of Award No. 96-03- 08), a transfer in from program year 95 II-B, will be used to provide services to youth ages 16-21. The City Manager recommended that Council appropriate Fifth District Employment and Training Consortium funding totalling $354,504.00 and increase the revenue estimate by $354,504.00 in 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.) Dr. Butler offered the following emergency budget ordinance: (~t32998-061796) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 515.) Dr. Butler moved the adoption of Ordinance No. 32998-061796. The motion was seconded by Mrs. Bowies and adopted by the following vote: 83 AYES: Council Members Butler, McCadden, Perrott, Wltits, Wyatt, Bowles and Mayor Bowers 7. NAYS: None .... 0. BUDGET-HUMAN DEVELOPMENT-YOUTH-JUVENILE CORRECTIONAL FACILITIES: 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 Stats funds to be expended for public or privets non-residential or residential services for the targetsd population of at-risk youth and their families; the CSA mandates services for foster care children, including residential placement and for children whose individualized education plan mandatss specialized education privets day or residential educational programs; and CSA Stats Funds Pool allocation for Roanoke City for July t, 1995 through June 30 1996 is: Stats funds required local match $3,915,815.00 1.854.468.00 current budgetsd funds $5,770,283.00 It was further advised that the cost of mandated services for targeted at-risk youth and their families was underestimatsd by $722,543.00 for fiscal year 1996, as follows: Stats funds required local cash match $522,543.00 additional supplemental funds $722,543.00 Roanoke City is required to provide a local cash match of 27.68 per cent, or $200,000.00. The City Manager recommended that Council authorize the Director of Finance to increase revenue estimatss in the Comprehensive Services Act, Account No. 001-020-1234-0692, by $522,543.00, increase appropriations in Account No. 001-054-5410-3171 by $522,543.00, and increase revenue estimatss in Social Services accounts and appropriate or transfer a total of $200,000.00 from certain listed accounts to CSA expenditure, Account No. 001-054-54t0-3171. (For full text, see report on file in the City Clerk's Office.) 84 ACTION: Mrs. Bowles offered the following emergency budget ordinance: (#32999-061796) AN ORDINANCE to amend and reordain certain · sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 517.) Mrs. Bowles moved the adoption of Ordinance No. 32999-061796. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Buffer, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers 7. NAYS: None 0. BUDGET-HUMAN DEVELOPMENT-GRANTS-YOUTH-JUVENILE CORRECTIONAL FACILITIES-SCHOOLS: The City Manager submitted a written report advising that the Comprehensive Services Act (CSA) administrative fund expenditures include salaries and fringe benefits for the CSA Administrator, ~e Family Assessment and P!anning Coor. d?ator, and administrative expenses; and total funding, for I~ administrative costs for July 1, 1995 through June 30, 1996 m as follow~: State funds required City local cash match Roanoke City Schools additional local funding $18,080.00 4,920.00 13,875.00 34.767.00 $71,642.00 It was further advised that State funds of $18,080.00 have been appropriated for fiscal year 1996; Roanoke City Schools' share of Comprehensive Services Act administrative costs has not been appropriated for fiscal year 1996; estimated CeA fiscal year 1996 administrative expenditures are $71,642.00; school funding of $13,875.00 needs to be appropriated into CSA Administrative Account No. 001-054-54t 1-1002; the required City local cash match of $4,920.00 85 needs to be transferred to Account No. 001-054-5411-t002; and additional local funding of $34,767.00 for CSA administrative expenditures needs to be appropriated to Grant Fund Account No. 035- 054-5156-t 002. The City Manager recommended that Council appropriate additional funds for Comprehensive Services Act administrative costs for fiscal year 1995-96 by adopting the following changes to the fiscal year 1996 budget: General Fund: Increase Revenue Account No. 001-020-1234-0695 (CSA School Administration) $13,875.00 Increase Expenditure Account No. 001-054-5411-1002 (CSA Administration) $13,875.00 Transfer from: Account No. 001-054-3320-5005 (Juvenile Detention Home) to: Account No. 001-054-5411-1002 (CSA Administration) Account No. 001-004-9310-9535 (Transfer to Grant Fund) $39,687.00 $ 4,920.00 34,767.00 Grant Fund: Increase Revenue Account No. 035-035-1234-7217 (CSA - Local Funding) $34,767.00 Increase Expenditure Account No. 035-054-5156-1002 (CSA Administration) $34,767.00 (For full text, see report on file in the City Clerk's O~ce.) Dr. Butler offered the following emergency budget ordinance: ACTION: (ft33000-06t796) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General and Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 518.) Dr. Butler moved the adoption of Ordinance No. 33000-061796. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers 7. NAYS: None -0. DIRECTOR OF FINANCE: BUDGET-CITY SHERIFF-CITY JAIL-CAPITAL IMPROVEMENTS PROGRAM-JUVENILE CORRECTIONAL FACILITIES-YOUTH: The Director of Finance submitted a written report advising that the City's Jail Expansion and Crisis Intervention Center projects were both partially funded by State grant funds;. State reimbursement is confing.e, nt on the Department of Correcfions's approval of project expenditures; and as a result, State funding has changed since inception of these projects and certain appropriation adjustments are necessary. It was further advised that at the start of the Jail Expansion project, the Virginia Department of Corrections agreed to reimburse the City for 25 per cent of estimated projects, or $1,913,940.00; construction bids for the Jail Expansion project exceeded the original estimate, therefore, the City requested additional State reimbursement; in order to expedite the project, the City appropriated general revenue while awaiting a decision by the State to increase its participation; the Board of Corrections approved the City's request for additional reimbursement for $385,259.00, which needs to be appropriated; similarly, the City may now reduce general revenue funding, previously appropriated to the Jail Expansion account, by $385,259.00, which will be transferred to the Crisis Intervention Center account ($80,000.00) and to the Capital Improvement Reserve account ($305,259.00). 87 It was explained that the Crisis Intervention Center construction was completed during fiscal year 1992-93; State reimbursement of $280,000.00 from the Depa, b,,ent of Corrections was appropriated to partially fund the project; in September 1995, the City received $200,000.00 as payment in full from the State; the remaining $80,000.00 was not approved in the State's budget, and since the City will not collect the remaining $80,000.00, it is necessary to reduce anticipated State funding by $80,000.00 and appropriate general revenue. The Director of Finance recommended that Council approve in the following actions: increase the receivable, "Due from State-Department of Corrections-Jail, in the Capital Projects Fund by $385,259.00; appropriate an additional $385,259.00 of State funds to the Capital Projects Fund Account No. 008-052-9685-9077, Jail Expansion; deappropriata General Revenue funding by $385,259.00 in the Capital Projects Fund Account No. 008-052-9685-9003, Jail Expansion; decrease the receivable, "Due from State Deparbdent of Corrections-Crisis", by $80,000.00 in the Capital Projects Fund; deappropriate $80,000.00 of State funding in the Capital Projects Fund Account No. 008-052-9637-9007, Crisis Intervention Center; appropriate $80,000.00 of General Revenue in the Capital Projects Fund Account No. 008-052-9637-9003, Crisis Intervention Center, which will be available from the Jail Expansion Account No. 008-052-9685-9003; and transfer General Revenue of $305,259.00 available in the Jail Expansion Account No. 008-052-9685-9003, to the Capital Projects Fund Account No. 008-052-9575-9178, Capital Improvement Reserve - Buildings. (For full text, see report on file in the City Clerk's Office.) ACTION: Mrs. Bowies offered the following emergency budget ordinance: (tt33Q01-061796) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 520.) Mrs. Bowies moved the adoption of Ordinance No. 33001-061796. The motion was seconded by Mr. Psrrott and adopted by the following vota: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers - .-7. NAYS: None BUDGET-SEWERS AND STORM DRAINS-BONDS/BOND ISSUES- BRIDGES-ARMORY/STADIUM-CHURCH AVENUE PARKING GARAGE- PUBLIC WORKS-CAPITAL IMPROVEMENTS PROGRAM-INDUSTRIES- FLOOD REOUCTIONICONTROL-J & D RELATIONS DISTRICT COURT- SCHOOLS-EQUIPMENT-ROANO.KE NEIGHBORHOOD PARTNERSHIP- STREETS AND ALLEYS: The Darector of Finance submitted a written report advising that Capital projects of all types have been approved by Council for construction over the past years, which projects have included construction in major categories for buildings, parks, streets, bridges, sanitary sewers, water projects and storm drains; funding is established for each project when Council approves the construction based on bids for the various construction costs, as well as extra funding for possible contingencies; and completed projects have contingency funds remaining after final bills are paid because most projects ars completed within established budgets. It was further advised that a number of projects have been completed and may be closed out; remaining funds need to be transferred from the completed projects to capital projects still under construction or to the capital improvement reserve account for future construction; a proposed budget ordinance will transfor $173,665.00 in remaining funding in completed projects to the capital improvement reserve to be available for further appropriations, transfer bond 89 ACTION: proceeds funding of $77,253.00 between existing Water Plant Expansion project accounts, and deappropriate $77,253.00 in funding previously appropriated from retained earnings; and overall funding in total for Water Plant Expansion project accounts remains unchanged. The Director of Finance recommended that funds be transferred from completed capital projects to appropriate capital accounts. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (#33002-061796) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects, Water, Sewaga Treatment, and Transportation Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 521.) Ms. Wyatt moved the adoption of Ordinance No. 33002-061796. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers 7. NAYS: None 0. CITY ATTORNEY: CITY CODE-LEGISLATION: The City Attomey submitted a written report advising that since 1982, Council has reenacted and recodified the City Code on an annual basis in order to properly incorporate amendments made by the Virginia General Assembly at the previous Session to State statutes that are incorporated by reference in the City Code, which procedure ensures that the ordinances codified in Roanoke'e Code incorporate current provisions of State law. The City Attorney recommended that Council adopt a proposed 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.) ACTION: Mr. White offered the following emergency ordinance: (#33003-061796) 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. 58, page 526.) Mr. White moved the adoption of Ordinance No. 33003-061796. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott' White, Wyatt, Bowles and Mayor Bowers... 7. NAYS: None ..... 0. REPORTS OF COMMITTEES: BUDGET-ROANOKE CIVIC CENTER: Vice-Mayor William White, Sr., Chairperson of the Bid Committee, presented a written report on behalf of the Committe..e., in connection with bids received by the City for removal of ACM ce,l,ng and reroofing of the area around the stage in the Roanoke Civic Center Auditorium, and recommended that Council approve the following actions: award a lump sum contract to S. P. Cahill and Assoc., Inc., for removal of ACM around the stage in the Civic Center Auditorium, with work to be performed between July 2 - t4, t996, at a cost of $25,900.00; award a lump sum contract to Melvin T. Morgan Roofing and Sheet Metal Co., Inc., to replace the Iow roof around the stage area of the Auditorium, with work to be performed in 70 consecutive calendar days starting on July 15, 1996, at a cost of $36,244.00; appropriate the following funding from the Civic Center Retained Earnings account to a Capital account to be established in the Civic Center Fund for each project, as followe: 91 removal of ACM ceiling: I contract amount $25,900.00 ACTION: project contingency total reroof area around stage: contract amount project contingency total $28,400.00 $36,244.00 3.000.00 $39,244.00 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: (#33004-061796) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 527.) Mr. Parrott moved the adoption of Ordinance No. 33004-061796. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers 7. NAYS: None 0. BUDGET-HUMAN DEVELOPMENT: A report of the Human Services Committee advising that the Human Services Committee budget, in the amount of $408,997.00, was established by Council pursuant to Ordinance No. 32920-051396, adopted on May 13, 1996, which adopted the 1996-97 fiscal year General Fund budget; requests were received from 33 agencies, in the total amount of $780,818.83; and agencies were notified of tentative allocation recommendations, as well as the appeal process. It was further advised that the Human Services Committee reques.~ that $8,986.00 be des. ignated in the Human Services Comm,ttee budget to cover mon,toring expenses; a schedule was attached to the report listing recommended funding for allocation to the various agencies; and four appeals of Committee recommendations, as provided by Council policy, were received after notification to each agency of its tentative recommended allocation, which appeals were heard on May 24, 1996, from Roanoke Area Ministries, Child Health Investment Partnership, YMCA, and Garden of Prayer House of Deliverance. The Committee submitted the following recommendations: Bethany Hall - $7,500.00, payment of $20.00 per day for Roanoke residents, up to a maximum of $7,500.00; The Salvation Army -$26,700.00, a contract to be executed with The Salvation Army for provision of services to City citizens under the Homeless Housing Program and/or the Abused Women's Shelter; Unified Human Transportation Systems, Inc. (RADAR) - $24,000.00, through Valley Metro in order that Valley Metro may receive credit for providing transportation to the handicapped; and Inner City Athletic Association $1,900.00 through Community Organization for Research and Development. Further, the Human Services Committee recommended that Council concur in the following actions: funding of agencies in amounts recommended on Attachment A to the Committee report; authorize the Chairman of the Human Services Committee and the Director of Human Development not to permit payment of funds to any agency until objectives, activiffes, and other reasonable requests of the monitoring staff are submitted and accepted: transfer $408,997.00 from the Human Services Committee Account No. 001-054-5221-3700, to new line items to be established in the Human Services Committee budget by the Director of Finance; and authorize the City Manager, or his designee, to negotiate a contract for $26,700.00 with The Salvation Army for provision of services to City citizens under the Homeless Housing Program and/or Abused Women's Shelter, and Council will be requested to authorize execution of the contract after negotiation. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: ACTION: (f/33005-061796) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 528.) Mr. McCadden moved the adoption of Ordinance No. 33005- 061796. The motion was seconded by Dr. Buffer and adopted by the following vote: Wyatt, Bowles and Mayor Bowers NAYS: None Mr. McCadden offered the following resolution: AYES: Council Members Buffer, McCadden, Parrott, White, 7. ACTION: (#33006-061796) A RESOLUTION concurring in the recommendations of the Human Services Committee for allocation of ~ City funds to various nonprofit agencies for Fiscal Year 1996-t997.I".. (For full text of Resolution, see Resolution Book No. 58, page 531.) Mr. McCadden moved the adoption of Resolution No. 33006- 061796. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers 7. NAYS: None .. PIPELINES/STORAGE TANKS-FRANCHISES-CITY PROPERTY- UTILITIES-ROANOKE GAS COMPANY-WATER RESOURCES: Earlier in the meeting, Council having received and opened a bid for a gas franchise and a gas pipeline license, and the bids having been referred to a Bid Committee for study, report and recommendation; Vice-Mayor William White, Sr., Chairperson of the Bid Committee, presented a written report on behalf of the Committee, and advised that one bid, being the bid of Roanoke Gas Company (Grantee), was received, for a franchise to construct, operate and maintain a natural gas distribution system in the City, for a term of 20 years, commencing January 1, 1996 and extending through December 31, 2015, at a franchise fee calculated, as follows: Grantee will pay Grantor (City) a Franchise Fee which shall be calculated pursuant to the following. It is understood that Grantee has or will enter into Franchise agreements with the City of Salem ("Salem") and the Town of Vinton ("Vinton") (Grantor, Salem, and Vinton being hereinafter sometimes collectively referred to as the "localities") with fee provisions identical to this one, and that the total annual Franchise Fee to be paid to the three localities in aggregate is $56,000.00 for calendar year 1996 ("base year total annual Franchise Fee"). ACTION: Grantor's Franchise Fee shall be a percentage share of the base year total annual Franchise Fee, which shall be determined on a pro rata basis according to its percentage share of the total dollar value of Grantae's gas sales occurring within the localities during the calendar year. For each calendar year of the Franchise, each Iocality's percentage share shall be determined by the following formula: Locality's percentag~ share total dollar share value of Grantee's within the T®rrltodal Umlts of tJm Ior.~litv total dollar vlllue of Grantee's gain ~a~ in the For calendar year 1996, the Franchise Fee shall be paid to Grantor on or before March 31, 1997. For each succeeding calendar year during the term of this Franchise, the total annual Franchise Fee paid by the Grantee to the localities shall be the base year total annual Franchise Fee increased by three per cent compounded annually over the term of the Franchise. For each calendar year during the term of this Franchise, Grantor's percentage share shaft be determined pursuant to this Section, and paid to Grantor on or before March 31 of the succeeding calendar year. It was explained that Roanoke City's share of the Franchise Fee will initially be approximately $40,000.00 annually. The Bid Committee recommended that the bid of the Roanoke Gas Company be accepted. (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: (#33007) AN ORDINANCE accepting a bid for a franchise to construct, operate and maintain a natural gas distribution system in the City, upon certain terms and conditions, for a twenty (20) year term and authorizing the execution of a Gas Franchise Agreement. (For full text of Ordinance, see Ordinance Book No. 58, page 532.) 95 ACTION: The motion was seconded by Mrs. Bowies and adopted by the following vote: AYES: Council Members Buffer, McCadden, White, Wyatt, Bowles and Mayor Bowers 6. NAYS: None (Council Member Parrott abstained from voting.) Mr. White moved that the following ordinance be placed upon its first reading: (#33008) AN ORDINANCE providing for one or more non- exclusive franchisee to construct, reconstruct, operate, maintain, repair and extend a Gas Distribution System within the City of Roanoke, Virginia. (For full text of Ordinance, see Ordinance Book No. 58, page 533.) The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Buffer, McCadden, White, Wyatt, Bowies and Mayor Bowers .. 6. NAYS: None (Council Member Parrott abstained from voting.) Earlier in the meeting, Council have received and opened a bid for a gas pipeline license, Vice-Mayor White, Chairperson of the Bid Committee, presented a written report on behalf of the Committee and advised that one bid was received by Council, from the Roanoke Gas Company (Licensee) for the right to construct, operate and maintain a gas transmission pipeline on certain property of the City for a term of 20 years at a license fee as follows: Licensee shall pay to the City an annual license fee for each calendar year of the term of this License Agreement, the annual license fee for the first five years of the term (1996 through 2000, inclusive) shall be $1,455.00. 97 In order to maintain a license fee fair to the City and the Licensee throughout the term of thie Licenee Agreement, on the fifth anniversary of the commencement data of the Agreement and every five years thereafter, the amount of the license fee shall be adjusted, up or down to an amount determined by mutual agreement of the City and the Licensee. The City and the Licensee agree to use a ten per cent return on the fair market value of the City Property in determining the license fee. In the event that the City and Licensee ars unable to agree as to the license fee, then each ehall retain, at its own expense, a qualified appraiser of real estate who shall appraise and report as to the fair market value of the license fee utilizing the ten per cent return rule agreed upon above. The average of the two valuee shall then be calculated, and the average shall be the license tee paid by Licensee for the succeeding five years. Any license fee adjustment under the formula established above shall be calculated in the month of November 2000, for the second five years of the term (2001 through 2005, inclusive); and in the month of November 2005, for the third five years of the term (2006 through 2010, inclusive); and in the month of November 2010, for the fourth and final five years of the term (2011 through 2015, inclusive). The annual license fee for calendar year 1996 shall be due and payable within ten calendar days after the date of the Agreement; provided, however, for calendar year t996, Licensee shall be entitled to a credit for any payments made for such calendar year under the previous Gas Pipeline Agreement. For calendar year 1997 and succeeding calendar years, the annual license fee for each calendar of this Agreement shall be due and payable in advance on December 15 preceding each such calendar year. The Bid Committee recommended that the bid of Roanoke Gas Company be accepted. (For full text, see report on file in the City Clerk's Office.) 98 ACTION: Mr. White moved that the following ordinance be placed upon its first reading: (~33009) AN ORDINANCE accepting · bid for the right to construct, operate and maintain a gas transmission pipeline on certain property of the City and authorizing the execution of a Gas Pipeline Agreement for a twenty year term. (For full text of Ordinance, see Ordinance Book No. 58, page 545.) The motion was seconded by Ms. Wyatt end adopted by the following vote: AYES: Council Members Butler, White, Wyatt, Bowles and Mayor Bowers 5. NAYS: Council Member McCadden (Council Member Parrott abstained from voting.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: VIRGINIA MUNICIPAL LEAGUE-ACTS OF ACKNOWLEDGEMENT- LEGISLATION: The City of Roanoke having recently received the designation of All America City for the fifth time, the Mayor requested that the matter of appropriate signage, ceremonies, etc., be referred to the City Manager for report to Council. Since the City of Roanoke was the only locality in the Commonwealth of Virginia to be honored, it was suggested that the City Manager contact the City's representatives to the General Assembly and appropriate officials of the Virginia Municipal League to request State recognition. ACTION: HEARING OF CITIZENS UPON PUBLIC MATTERS: PARKS AND RECREATION-ACTS OF ACKNOWLEDGEMENT- CITY EMPLOYEES-SPECIAL EVENTS: Mr. Parrott offered the following resolution naming the Amphitheatre in Elmwood Park in honor of E. Laban Johnson: (#32983-061796) A RESOLUTION naming a City facility in honor of a distinguished citizen. (For full text of Resolution, see Resolution Book No. 58, page 475.) Mr. Parrott moved the adoption of Resolution No. 32983-061796. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Buffer, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .7. NAYS: None 0. At 5:40 p.m., the Mayor declared the meeting in recess until 7:00 p.m. At 7:00 p.m., the Roanoke City Council meeting reconvened in the Council Chamber, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Vice-Mayor William White, Sr., presiding: PRESENT: Council Members Wendell H. Buffer, Delvis O. McCadden, John H. Parrott, Linda F. Wyatt, Elizabeth T. Bowles and Vice-Mayor William White, Sr. 6. ABSENT: Mayor David A. Bowers 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 Council Member Bowles. 9g 100 The Pledge of Allegiance to the Flag of the United States of America was led by Council Members Butler and McCadden. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING-LANDMARKS/HIST. PRESERVATION-ARCHITECTURAL REVIEW BOARD: Council et its regular meeting on Monday, April 15, t996, having continued a request of the Episcopal Diocese of Southwestern Virginia to present a petition appealing a decision of the Architectural Review Board in connection with a request to demolish structures located at 1010 and 1014 First Street, S. W., the matter was again before the body. David C. Helscher, Attorney, representing the petitioner, advised that the original moving date for the structures was scheduled for sometime around March 15, 1996; however, inasmuch as the houses have not yet been moved, he requested another continuance of the matter. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr.ofParrottcouncilmoVedon Monday,that the matter be continued u n,b.'l the regular meeting September 16, 1996, at 7.00 p.m. The motion was seconded by Ms. Wyatt and adopted. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 17, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Eutau g Bowling that a tract of land located at 2315 Patterson Avenue, S. W., described as Official Tax Nos. 1311601 and 1312318, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The ~ on Friday, May 31, 1996, and Friday, June 7, 1996, and in the k~ on Thursday, June 6, 1996. (See publisher's affidavits on file in the City Clerk's Office.) ACTION: 101 A report of the City Planning Commission advising that the purpose of the request for rezoning is to place a presently non- conforming use end s proposed future use of the property in an appropriate zoning classification, was before Council. The Planning Commission recommended approval of the request for rezoning, and advised that the subject properties, as well as surrounding properties, are primarily light manufacturing uses; a change in zoning to LM, Light Manufacturing, will benefit the industrial value of the proper'des and enhance development within the area; and additional zoning changes for the area will be considered in the future. (For full text, see report on file in the City Clerk's Office,) Ms. Eutsw C. Bowling appeared before Council in support of his request. Dr. Butler moved that the following ordinance be placed upon its first reading: (#33010) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 131, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 58, page 546.) The motion was seconded by Ms. Wyatt. The Vice-Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 33010 was adopted, on its first reading, by the following vote: AYES: Council Members Butler, McCadden, Parrott, Wyatt, Bowies and Vice-Mayor White 6. NAYS: None. (Mayor Bowers was absent.) 102 ZONING: Pursuant to Resolution No. 25523 adopted by the Council on .Monday, April 6, 1981, the City Clerk having advertised a public heamng for Monday, June 17, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of CBL & Associates Limited that a tract of land located on the north side of Bennington Street, at its intersection with Mount Pleasant Boulevard and Rutrough Road, S. E., described as Official Tax No. 4250202, be rezoned from CN, Neighborhood Commercial District, to C-2, General Commercial District, and that conditions currently applicable to the property be removed to facilitate the leasing by the petitioner of retail space in the shopping center currently constructed and operating on the property, the matter was before the body. Legal advertisement of the public hearing was published in Th~ Roanoke Times on Friday, May 31, 1996, and Friday, June 7, 1996, and in the Roanoke Tribune on Thursday, June 6, t996. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to facilitate the leasing of retail space in the shopping center, was before Council. The Planning Commission recommended approval of the request for rezoning, and advised that while CN zoning may be preferable in the area to maintain the scale of commercial development in the neighborhood and the types of land uses, it appears that a change to C-2 would assist the development and operation of the existing shopping center, thereby maintaining its viability. It was further advised that the Neighborhood Commercial designation for this area may need further evaluation; the traffic study completed by Hayes, Seay, Mattern & Mattern, Inc., indicates that the proposed zoning change would not significantly affect the levels of service at intersections; it would be desirable to have transportation corridor improvements in ptace prior to expanded commercial development, including a traffic signal; however, only auxiliary lane improvements are currently in the City's Capital Improvement Program; and the issue of the amount of commercial signage is still being discussed with the petitioner. (For full text, see report on file in the City Clerk's Office.) 10 3 Daniel F. Layman, Jr., Attorney, appeared before Council in support of the request of his client. ACTION: Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#33011) AN ORDINANCE to amend ~36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 425, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, and to remove certain conditions presently binding upon certain property previously conditionally zoned CN, Neighborhood Commercial District. (For full text of Ordinance, see Ordinance Book No. 58, page 547.) The motion was seconded by Mr. Parrott. The Vice-Mayor inquired if there were persona present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 33011 was adopted, on its first reading, by the following vote: AYES: Council Members Butler, McCadden, Parrott, Wyatt, Bowies and Vice-Mayor White 6. NAYS: None Ow (Mayor Bowers was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 17, t996, at 7:00 p.m., or aa soon thereafter as the matter may be heard, on the request of JJ&T Partnership and Randall Wayne Brown that two tracts of land located on the southerly side of Campbell Avenue, S. E., identified as Official Tax Nos. 4011102 and 4011103, be rezoned from LM, Light Manufacturing District, to C-3, Central Business District, with the rezoning of Official Tax No. 40t1103 to be subject to certain conditions proffered by the petitioner, the matter was before the body. 104 Legal advertisement of the public hearing was published in ThQ Roanoke Times on Friday, May 3t, 1996, and Friday, June 7, 1996, and ~ in the Roanoke Tribune on Thursday, June 6, 1996. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that current use of the parcel, Official Tax No. 4011102, is a leased parking facility; and the purpose of the request for rezoning of the two tracts of land which comprise approximately 0.62 acre is, as follows, was before Council: to place the property into a conforming zoning district classification that would permit JJ&T Partnership, owner of the parcel with Official Tax No. 4011103, to redevelop the property by building a new convenience store on the sits and to continue the sale of gasoline via the use of the existing gasoline islands as a "grandfathered' use, with the former convenience store to either be removed or used for storage purposes only; and to place the leased pa.rking facility on the parce! with Official Tax No. 4011102 into a conforming zoning d,strict classification. It was further advised that if approved, the rezoning would minimally expand the use of the parcel, Official Tax No. 4011103 as a neighborhood convenience store with no expansion of gasoline sales; and according to the petitioner, the use of the parcel identified as Official Tax No. 4011102 would remain the same, a public parking facility. The Planning Commission recommended approval of the request for rezoning, and advised that the proposed rezoning would minimally expand the former use of Official Tax No. 40tll 03 and would place both non-conforming uses, the convenience store and the public parking lot, into a conforming zoning district. (For full text, see report on file in the City Clerk's Office.) Alton B. Prillaman, Attorney, appeared before Council in support of the request of his client. 105 ACTION: Dr. Buffer moved that the following ordinance be placed upon its first reading: (~33012) AN ORDINANCE to amend §36.t-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. 58, page 548.) The motion was seconded by Mrs. Bowies. The Vice-Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 33012 was adopted, on its first reading, by the following vote: AYES: Council Members Buffer, McCadden, Parrott, Wyatt, Bowies and Vice-Mayor White 6. NAYS: None 0. (Mayor Bowers was absent) ZONING-NORFOLK SOUTHERN CORPORATION-STREETS AND ALLEYS-INDUSTRIES-HABITAT FOR HUMANITY: 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 t7, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City Planning Commission that certain parcels of land in the southwest quadrant of the City, bounded generally by Jackson Avenue on the north, 12th Street on the west, Salem Avenue on the south, and 10th Street on the east, identified as Official Tax Nos. 1211402, 1211502 - 1211505, inclusive, and 1211508 - 1211512, inclusive, and property owned by Norfolk Southern Corporation, identified as Official Tax Nos. 1110806 - 1110809, inclusive, 1110817, and 1110101 1110131, inclusive, be rezoned from LM, Light Manufacturing District, to RM-1, Residential Multi-family, Low Density District; and Official Tax Nos. 1110801 - 1110804, inclusive, and 1110810, be rezoned from RM-2, Residential Multi-family, Medium Density District, to RM-I, Residential Multi-family, Low Density District, the matter was before the body. 106 Legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 3t, 1996, and Friday, June 7, 1996, and ~ in the ~]g]~:ibu]~ on Thursday, May 6, t996. (See publisher's affidavits 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 promote general welfare and good zoning practica by : (1) making existing use of the subject property consistent with the proper zoning category; (2) encouraging additional residential development to locate in a distressed area; and (3) ensuring that the subject property will be used in the future in a manner that will not negatively impact adjoining residential properties, was before Council. ACTION: The Planning Commission recommended approval of the request for rezoning, and advised that the proposed rezoning will encourage revitalization of the subject area by making the existing nonconforming residential uses conforming, thus permitting their expansion and improvement and by facilitating additional infill residential development to occur in the neighborhood; and the land is not valuable for industrial purposes. (For full text, see report on file in the City Clerk's Office.) John R. Marllss, Agent, City Planning Commission, appeared before Council in support of the request. Dr. Butler moved that the following ordinance be placed upon its first reading: (~3013) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), aa amended, and Sheet No. 111 and Sheet No. 121, Sectional t976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 58, page 550.) The motion was seconded by Mrs. Bowles. The Vice-Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. 107 Norma R. Smith, 11 - 14th Street, S. W., spoke in support of the rezoning, becauss jobe as well as housing are needed in the area. She stated that there is no reason why housing and businesses cannot exist in the same area, and spoke in favor of the Habitat for Humanity houses which are proposed for the 13th Street area. She called attention to the need for restroom facilities and a water fountain in Perry Park. King Harvey, Chairman of the Board of Deacons, Jerusalem Baptist Church, 1014 Norfolk Avenue, S. W., advised that a great deal of blight has been removed from the neighborhood in the last few months with the razing of the houses in the area requested to be rezoned. He stated that light manufacturing is needed, which will offer an opportunity to clean up the neighborhood while providing affordable housing. He asked that Habitat for Humanity be allowed to construct the houses so that citizens of Roanoke may enjoy housing that they are not ashamed of. Although light manufacturing is n--.cded, he stated that there is no substitute for decent, affordable housing for the people of Roanoke. Robert E. Zimmerman, 1510 Langhorne Street, S. E., owner of a business on Salem Avenue and 10th Street, N. W., advised that the City is to blame for not cleaning up the area a long time ago. He stated that he offered to purchase property in the Tenth Street area at the assessed value; however, he was told that Habitat for Humanity was offering one and one-half times the assessed value of the property. He called attention to a large amount of vacant land in the City of Roanoke and noted that he counted 56 vacant lots in a 20 block radius of the Tenth Street area. He asked that rezoning of the property be held in abeyance until the City's long range plans for the area are finalized, and advised that if the rezoning is approved, the City will be sending a message to businesses that they are not wanted in the area. Gary L. Galbreath, Principal, Hurt Park Elementary School, advised that he hoped the bond which has been formed between the school and the community will be ongoing so that the lives of families in the Hurt Park community will continue to be enriched. He spoke in support of the request for rezoning, because the homes proposed to be constructed will be of value to the community and a strong school aspect will be achieved through a strong community. Mr. Woodrow C. Hickman, Jr., 1010 Norfolk Avenue, S. W., spoke in support of the request for rezoning. 108 Ms. Rosa L. Hickman, 1010 Norfolk Avenue, S. W., spoke in support of the request for rezoning, and stressed the importance of coming together as a community and putting families back into the neighborhoods. David A. Camper, President, Board of Directors, Habitat for Humanity, advised that approximately 20 - 25 houses will be constructed in the area, with a real property asseasment well over $1 million in tax revenue, therefor, Habitat for Humanity will be adding something to the community. He explained that the persona who purchase Habitat for Humanity houaea are hard working people who devote over 300 hours of "sweat" equity into each house and pay a mortgage to Habitat for Humanity, thus, the real advantage is an interest free mortgage, He stated that the Hurt Park neighborhood needs a "shot in the arm", and the rezoning will be good for the neighborhood, for Hurt Park Elementary School, and for those persons who need affordable housing. Ordinance No. 33013 was adopted, on its first reading, by the following vote: AYES: Council Members Buffer, McCadden, Parrott, Wyatt, Bowies and Vice-Mayor White -----6. NAYS: None (Mayor Bowers was absent.) OTHER HEARINGS OF CITIZENS: None. There being no further business, the Vice-Mayor declared the meeting adjourned at 8:05 p.m. APPROVED ATTEST: Mary F. Parker City Clerk William White, Sr. Vice-Mayor 109 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL July 1, 1996 12:30 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 2t5 Church Avenue, S. W., City of Roanoke, on Monday, July t, 1996, at 12:30 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, ~ of Section 2-15, ~ Code of the City of Roanoke (t979), as amended. PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers 7. ABSENT: None OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. GHsso, Director of Finance; and Mary F. Parker, City Clerk. At t2:35 p.m., the Mayor declared the meeting in recess. At 12:40 p.m., the meeting reconvened in the EOC Conference Room, Room 159, Municipal Building South, 215 Church Avenue, S. W., City of Roanoke, with Mayor Bowers presiding, and all Members of the Council in attendance. .COMMITTEES-YOUTH-TEEN PREGNANCIES: Glenn D. Radchffe, Director, Human Development, Debrs H. Henderson, Co- Chair, City Manager's Task Force on Teen Pregnancy Prevention, and Kathy LaMotto, Teen Pregnancy Coordinator, presented the Teen Pregnancy Prevention Study report dated May 30, t996. (See report on file in the City Clerk's Office.) There was discussion with regard to access barriers if young people are required to come downtown to obtain information; who is the responsible party for providing sex education training and how in depth should the training be; the relationship between academics and the real world; discipline versus self-discipline; one-stop shopping types of needs in the school buildings, which will call for special accommodations by Social Services, the Police Depa,;,,,ent, and the 110 school system, etc; · team approach to dealing with kids at-risk by including the Police Depacbvtent, D.A.R.E. Officers, and the Youth Bureau; building mechanisms into the system so that a certain level of responsibility is also placed on the father; and whether a staff person will be responsible for monitoring the recommendations of the task force from this point forward, with a follow-up report to Council. It was noted that the school system is about to initiate a family life cu~iculum which may address some of the above issues. Following ques'dons and comments by the Members of Council, it was the consensus of Council that the City Manager will provide a follow-up report in April 1997 with regard to implementation of recommendafions. PARKS AND RECREATION-YOUTH: Atthe requestofWilliam F. Clark, Director of Public Works, John W. Coates, Manager, Parks and Recreation Department, Victor C. Gerber, Superintendent, Department of Parks and Recreation, and William E. Latham, Roanoke City Police Department Drug Prevention Officer, presented briefings on the City's Summer Youth Activities Program. Officer Latham presented a briefing on the Drug Abuse Resistance E.clucation Program (D.A.R.E. Camp) which is intended to reach approximately 300 fifth grade students and will be held on two occasions: August 15 - 18 and August 23 - 26, 1996, at the 4-H Center at Smith Mountain Lake. He advised that criteria for class selection includes completion of the D.A.R.E. curriculum, with a written essay on what the Program means and what the students can do to support the D~.R.E. Program. He stated that courses which will be offered at the D.A.R.E. Camp include horseback riding, fishing, canoeing, dancing, cooking and crafts, and on the last day of camp, a cook-out will be held for participants and their parents. He expressed the hope that these young people will be used as future role models. Mr. Gerber presented a brief overview of the following recreational programs: Adventures in the Parks (to be offered at eight sites) Adventures After School Program Stars Come Out At Night Teen Special Events Midnight Basketball Program 111 Mr. Coates presented a brief overview of the Summer Jobe Internship Program and other opportunifies for youth, such as the Adventure Bound Program which offera canoeing oppoztunitiss during the summer for the first time, and a Youth Sports Camp which includes a series of week-long soccer camps in cooperetion with the Roanoke Riverdawge, a minor league soccer I~am. He advised that registration in youth athletic leagues continuee to increase, and the Parks and Recreation Depa, l,~ent is excited about the emphasis that the City has placed on insuring that young people will have quality recreational opportunities. Vice-Mayor Wyatt expressed concern that presenters of the briefings ware all male, and inquired as to the percentage of male and female, minority and non-minority poreonnel hired by the City to administer its summer youth programs; whereupon, Mr. Coates advised that he would provide the requested information. Mr. White reiterated the remarks of Vice-Mayor Wyatt, and advised that there should be sensitivity to diversity issues, and City staff should be aware of appearance and perception when presenting reports. ACTION: Without objection by Council, the Mayor advised that the briefings would be received and filed. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At t:50 p.m., the Mayor declared the meeting in recess until immediately following the Organizational Meeting of Council which will convene at 2:00 p.m., in the City Council Chamber. At 2:15 p.m., the regular meeting of the Council of the City of Roanoke reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 2t5 Church Avenue, S. W., City of Roanoke, with Mayor Bowers presiding and the following Council Members in attendance: PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linde F. Wyatt and Mayor David A. Bowers. 7. ABSENT: None O. 112 OFFICERS PRESENT: James D. Rib:hie, Sr., Assistant City Manager; Wilbum 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 Boware. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor BOware. The Mayor recognized Mr. Al Trout, a rising senior at Patrick Henry High School, who was spending the day with the Mayor; and Mr. Aaron Lee, a rising senior at William Fleming High School who was a summer intern in the City Attorney's Office. PROCLAMATIONS-SPORTS ACTIVITIES: The Mayor presented a proclamation to representatives of the Local Chapter of the Leukemia Society of America declaring Monday, July 1, 1996, as "Team in Training Day" in the City of Roanoke. The Mayor .advi.ssd that 47 runners from the Ro.anoke/Blacksburg I area will be runn,ng ,n the July 14, 1996 San Franc,sco Marathon on ~ behalf of a local patient suffering from Leukemia or related diseases; and during the five-month training period prior to the marathon, runners have actively pursued pledges for the Leukemia Society of America. (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 a request for an Executive Session to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by Council. ACTION: ACTION: 113 COMMII'rEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel mature relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Sec'don 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the requs~t of the Mayor to convene in Executive Ssssion to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. COUNCIL-STATE OF THE CITY REPORTS: A communication f;om Mayor David A. Bowers advising that he will present his State of the City Address at the regular meeting of Council on Monday, July 16, t996, at 2:00 p.m., was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. COMMrl-rEES-SCHOOLS: A communication from Mayor David A. Bowers advising that The Reverend C. Nelson Harris will officially take his seat as a Member of the Roanoke City Council on Monday, July 1, 1996, atthe Council's Organizational Meeting; and on Monday, June 17, 1996, Council accepted Reverend Harris' resignation, effective June 30, 114 ACTION: 1996, therefore, it will be necessary for Council to fill his unexpired term endin, g June 30, 1998; and requesting Council's consideration of I the follovwng proposed schedule, was before the body. July 1, 1996 2:00 p.m. Council authorize a Public Notice to be advertised in The Roanoke Times and the ~ announcing the vacancy. July 5, 1995 Advertise public notice. July 19, 1996 Deadline for receipt of applications July 26, 1996 Advertise notice of public hearing to receive the views of citizens August 5, 1996 Public Hearing on appointment August 19, 1996 Election of School Board member (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the proposed schedule. The motion wes seconded by Mr. Trout end adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. TAXES-ANNUAL REPORTS-REAL ESTATE VALUATION: A communication from the Honorable Richard C. Pet'dssll, Judge, Twenty- Third Judicial Circuit of Virginia, forwarding the Annual Report of the Board of Equalization for the taxable year July t, 1996 through June 30, 1997, inclusive, advising that the Board received 109 appeals, 19 of which ware commercial and industrial and 84 were residential appeals, was before Council. The Board of Equalization recommended that future Equalization Boards continue to have access to computer service in their work and that future Boards be provided with the current office space which is ACTION: ACTION: 115 private and separate from the Office of Real Estate Valuation, and in order to accomplish their duties, it ia critical that proper and private space be provided for the Board to meet with taxpayers. (For full text, see communication and Annual Report on file in the City Clerk's Office.) Mr. White moved that the communication and Annual Report be received and filed. The motion wes seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: Non: 0. COMMIITEES-HOUSING~*AUTHORITY: A communication from Robert W. Glenn, Jr. tendering his resignation as a Commissioner of the City of Roanoke Redevelopment and Housing Authority, effective August 3t, 1996, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed and that the resignation be accepted with regret. The motion wes seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. OTHER HEARINGS OF CITIZENS: TRAFFIC-COMPLAINTS: Lewis O. Fergueon, 3209 Troy Avenue, N. W., appeared before Council and expressed concern relative to provisions of Ordinance No. 32575-072495, adopted on July 24, 1995, in connection with the keeping of inoperative vehicles on private property in residential, commercial or agricultural districts of the City. 116 Ha expressed specific concerns with regard to the requirement that vehicles .m. ust display a valid li.c. ense pla. ts or a valid inspe.c, tion d.a,.al, and questioned whether the Ord,nanos v,olatss the constitutional rights of citizens of the City of Roanoke. ACTION: W'~thout objection by Council, the Mayor advised that the remarks of Mr. Fergeson would be referred to the City Attorney for appropriate response. COMPLAINTS-FIRE DEPARTMENT: Mr. Charles R. Hancock, 1016 Estates Road, S. E., appeared before Council and expressed concern that on June 29, 1996, from approximately 8:30 a.m. until after 11:00 a.m., Fire Station No. 11 was manned by only one employes to enable fire personnel to be reassigned to Fire Station No. 4. He inquired if Fire Station No. 11 is less important than Fire Station No. 4. James Grigeby, Chief of Fire and Emergency Medical Services, advised that all citizens deserve equal protection to fire service and Emergency Medical Sewices. He explained that on Saturday, June 29, a number of persons were either on holiday or vacation leave, some employees called in sick which placed Fire Station No. 4 below minimal staffing levels, and an operational decision was made ? call in staff on overtime. He explained that two firefightsrs from Station No. 1t were sent to Fire Station No. 4 to keep that station whole for a period of about three hours. He accepted full responsibility for the operational oversight, and a policy review is underway to insure that this type of situation does not re-occur. Chief Grlgsby emphasized that at no time were citizens without fire and EMS protection at either fire station. There was discussion with regard to the closing of fire stations and dowosizing in the Fire Department; whereupon, Chief Grigsby explained that a team of approximately 50 employees is reviewing various aspects of fire pretsction for the next 20 - 25 years, and one of the teams will review fire station locations, level of service, staffing needs, etc. He explained that the study is in the employee planning stage, and no recommendations have been formulated. ACTION: Following discussion of the matter, without objection by Council, the Mayor advised that the remarks of Mr. Hancock would be referred to the City Manager for investigation and report to Council. 117 ACTION: PETITIONS AND COMMUNICATIONS: AIRPORT-CITY PROPERTY-PLANNING: A communication from Beverly T. Fitzpatrick, Jr., Executive Director, The New Century Council, advising that the contributions of Roanoke'e former Airport Manager, C. Marshall Harris, have not been appropriately recognized; Mr. Harris led the airport through the years when the City of Roanoke was the Piedmont Airiinss' hub; and inasmuch as Mr. Harris was extremely well thought of in the airport administration business, it seems fitting to name the tunnel in honor of the late C. Marshall Harris, along with an appropriate ceremony, was before Council. (For full text, see communication on file in the City Clerk's Office.) V~Fdhout objection by Council, the Mayor advised that the matter would be referred to the City Manager, City Planning Commission and the Roanoke Regional Airport Commission for study, report and recommendation to Council. Mr. White requested that the City Manager advise Council with regard to the City's policy on the naming of public structures. BUDGET-ROANOKE VALLEY RESOURCE AUTHORITY-REFUSE COLLECTION: A communication from Kit B. Kieer, Roanoke City's Representative to the Roanoke Valley Resource Authority, transmitting the Authority's fiscal year 1996-97 budget, in accordance with Section 5.9 of the Members Use Agreement, dated October 12, 199t, advising that tipping fees are projected to remain at the current level, with the charter member governments' credit remaining at $5.00 per ton; and recommending that Council approve the fiscal year 1996-97 annoai budget, in the amount of $10,282,455.00, was before the body. (For full text, see communication and annual budget on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#33016-070196) A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 1996-1997, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 58, page 553.) 118 ACTION: Mr. Parrott moved the adoption of Resolution No. 33016-070196. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers .. 7. HAYS: None O. At 3:10 p.m., the Mayor declared the meeting in recess. At 3:20 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. REPORTS OF OFFICERS: CiTY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-TAXES-HOUSINGIAUTHORITY-PLANNING-GRANTS. ENTERPRISE ZONE-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that the Virginia Enterprise Zone Act of 1982 authorized the Governor to designate up to 50 areas within the Commonwealth of Virginia as Enterprise Zones; business firms which locate or expand within a designated Enterprise Zone are eligible for significant benefits, including credits on State taxes and local incentives; the first Roanoke Urban Enterprise Zone was established in 1984 for an area of 1,895 acres; and the City Manager wss authorized by Council to submit a second Enterprise Zone application on October 16, 1995, and Enterprise Zone Two was designated by the Govemor, effective January 1, 1996 through December 31, 2015, with a total acreage for Enterprise Zone Two of 1,020 acres. The City Manager explained that Council needs to adopt appropriate measures establishing local incentives and appropriate funding for the following programs: 119 City rebates up to 100 per cent of water, fire, and sewer hookup fees for businesses undertaking new building construction of at least $250,000.00 within Enterprise Zone Two after documentation of a permanent certificate of occupancy with the following limitations: $1,000,000.00 or more $ 900,000.00 - $999,990.99 ~ 800,000.00 - $899,990.99 700,000.00 - $799,999.99 600,000.00. $699,999.99 500,000.00 . $599,999.99 400,000.00 . $499,999.99 300,000.00 . $399,999.99 250,000.00 $299,999.99 $ - 0 - - $249,999.99 100 per cent 90 per cent 80 per cent 70 per cent 60 per cent 50 per cent 40 per cent 30 per cent 20 per cent 0 per cent Real estate tax exemption for businesses within Entarprbe Zone Two for increasing, through substantial rehabilitation or renovation, the assessed value of an existing commercial or industrial building, which is 15 or more years of age by $50,000.00 or more. Rebate of development fees (building permit and comprehensive development plan review) for businesses within Enterprise Zone Two of up to 100 per cent for new construction investment of $1.0 million or more to be refunded after documentation of a permanent co~t:f;cate of occupancy is provided. The following limitations apply: City Rebates $5,000,000.00 or more $1,000,000.00 - $4,999,999.99 $ - 0 - - $ 999,999.99 100 per cent 50 per cent 0 per cent Job t~aining grants for businesses within Enterprise Zone Two of up to $1,000.00 per newly created permanent full- time position for Zone Two residents and up to $500.00 per newly created permanent full-time position for residents living outside Zone Two. 120 City payment of water end sewer line extensions to certain propertiee in Census Tract 6.98, Block Groups t, 2, and 8 who need water and sewer service. Mini-grants for rasidente wishing to take GED classes or enroll in other high school graduation programs for enrollment fees, books or testing, based on the financial need of the recipient. Mini-grante for neighborhood organizations wishing to promote civic pride within Census Tract 6.98 and Block Groups 1, 2, and 8 may participate. City payment of sewer hookups for certain properties in Census Tract 6.98, Block Groups 1, 2, and 8. Additional local incentives as set forth in the application ara being implemented through the Office of Economic Development which do not require Council action such as: architectural assistance, business and personal development seminars, project cost reduction, and certain housing rehabilitation efforts. The period of availability for the abovedeecribed local incentives will be from July 1, 1996 through June 30, 2001. The City Manager recommended that Council adopt an appropriate measures establishing local incentives end authorize appropriation of program funding for the first year of Enterprise Zone operations, in the amount of $156,050.00, from Undesignated Capital Fund Interest to an account to be established from the Capital Projects Fund as designsted 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: (~33017-070t96) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 554.) ACTION: ACTION: Mr. Par~ott moved the adoption of Ordinance No. 33017-070196. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers NAYS: Nono 0. Mr. Parrott offered the following emergency ordinance: (#33018-070196) AN ORDINANCE amending and reordaining Article II, Real Estate Taxes Generally. of Chapter 32, Taxation. of the Code of the City of Roanoke (1979), as amended, by adding a new Division SA, Exemution of Certain Rehabilitated or Renovated Commercial or Industrial Real Property Located in Enterorise Zone Two. to provide for a certain real estate tax exemption for substantial rehabilitation or renovation of existing commercial or industrial buildings at least 15 or more years old and located within Enterprise Zone Two, under certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 555.) Mr. Parrott moved the adoption of Ordinance No. 33018-070196. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: Nono O. Mr. Parrott offered the following emergency ordinance: (#33019-070196) AN ORDINANCE approving, adopting, and establishing certain local incentives for the area designated as Enterprise Zone Two in the City of Roanoke; providing for an effective date; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 559.) 122 ACTION: Mr. Parrott moved the adoption of Ordinance No. 33019-070196. The motion wee seconded by Mr. Swein and adopted by the following vota: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowem 7. NAYS: Nor:= O. BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORITY- PLANNING-GRANTS-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that Council authorized filing the fiscal year 1996-97 HOME application through submission of the Annual Update to the Consolidated Plan to the U. S. Department of Housing and Urban Development (HUD), pursuant to Resolution No. 32939-051396, adopted May 13, 1996; approval by HUD is forthcoming on the City's fiscal year t996-97 HOME application; and the letter of approval is pending the routine Congressional release process. It was further advised that grant approval totals $601,000.00, which is the entitlement amount requested by the City; the appropriation request totals $601,000.00 in 199.6-97 HOME entitlement funds; $365,237.00 needs to be transferred with,n 1994-95 and 1995-96 entitlement accounts to projects included in the fiscal year 1996-97 HOME Investment Partnerships Program; the new $601,000.00 HOME grant requires $127,7t3.00 in matching funds, which will be derived from cash and in-kind contributions from non-Federal sources, with no outlay of City funds necessary to meet the match requirement; and the availability of matching funds will be verified and documented by the Office of Grants Compliance prior to release of funds. The City Manager recommended that Council concur in the following actions: adopt a resolution accepting fiscal year 1996-97 HOME funds when the approval letter is received from the U. S. Department of Housing and Urban Development, and authorize the City Manager to execute the required Grant Agreement, to be approved as to form by the City Attorney, Funding Approval, and any other forms required by HUD on behalf of the City in order to accept such funds; 123 ACTION: ACTION: appropriate $601,000.00 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance; and transfer $355,237.00 within the 1994-95 and 1995-96 entitlement accounts to projects included in the fiscal year 1996-97 HOME program. (For full text, eea report on file in the City Clerk"s Office.) Mr. Swain offered the following emergency budget ordinance: (#330204)70196) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 564.) Mr. Swain moved the adoption of Ordinance No. 330204)70196. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. Mr. Swain offered the following resolution: (#33021-070196) A RESOLUTION accepting the Fiscal Year 1996- 97 funds for the HOME Investment Partnerehipe Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Department of Housing end Urban Deveiopment (HUD). (For full text of Resolution, see Resolution Book No. 58, page 567.) Mr. Swain moved the adoption of Resolution No. 33021-070196. The motion was seconded by Mr. Harris and adopted by the following vote: 124 Wyatt end Mayor Bowers NAYS: Non_~ BUDGET-HUMAN AYES: Council Members Harris, Parrott, Swain, Trout, White, 7. DEVELOPMENT-PLANNING-INDUSTRIES. GRANTS-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that Council authorized filing s Community Development Block Grant application through submission of the Consolidated Plan to the U. S. Department of Housing and Urban Development (HUD) for fiscal year 1996-97, pursuant to Resolution No. 32939-051396, adopted May 13, 1996; approval by HUD of the City's fiscal year 1996-97 CDBG application is forthcoming; and the letter of approval is pending the routine Congressional release process. It is further advised that grant approval totals $2,162,000.00, which is the amount requested by the City; and the appropriation request includes $237,000.00 in expected Community Development Block Grant program income from parking receipts, Roanoke Redevelopment and Housing Authority rehabilitation loan repayments, Cooper Industries land lease, miscellaneous loan repayments and repayments from the Home Ownership Assistance program: .. CDBG Entitlement $2,162,000.00 Estimated Program Income _~ Total Appropriation $2,399,000.00 It was explained that in addition, $459,603.00 needs to be transferred between accounts in the prior two years of Community Development Block Grant entitlement as detailed in the fiscal year 1996-97 CDBG program. The City Manager recommended that Council concur in the following actions: adopt a resolution accepting the fiscal year 1996-97 Community Development Block Grant funds when the letter of approval is received from the U. S. Department of Housing and Urban Development, and authorize the City ACTION: Manager to execute the requisite Grant Agreement, in a form to be approved by the City Attomsy, Funding Approval, and any other forms required by HUD on behalf of the City in order to accept such funds; appropriate $2,399,000.00 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance ($2,t62,000.00 CDBG entitlement and $237,000.00 projected program income); and transfer $459,603.00 between accounts in the prior two years Community Development Block Grant entitlements. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (*33022-070196) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 567.) Mr. White moved the adoption of Ordinance No. 33022-070196. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. Mr. White offered the following resolution: (#33023-070196) A RESOLUTION accepting the Fiscal Year 1995- 97 funds for the Community Development Block Grant Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Depa,bt~ent of Housing and Urban Development (HUD). (For full text of Resolution, see Resolution Book No. 58, page 575.) 126 ACTION: Mr. White moved the adoption of Resolution No. 330234)70196. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: Nor~: 0. BUDGET-MAPS-PUBLIC WORKS-CMERP-CITY MAPPING PROGRAM: The City Manager submitted a written report advising that in accordance with Section 36 of the Roanoke City Charter, the unencumbered balance at fiscal year end of each appropriation shall become a part of the end of year fund balance; remaining funds for the Digital Mapping project has not bccn expended or obligated; on August t4, 1995, $t50,000.00 wes allocated by Council for the Digital Mapping Project, which project provides for conversion of manually drafted appraisal maps to digital maps that are stored and revised on a computer aided drafting system; and funds were initially anticipated to be expanded as follows: Capital Equipment Temporary Personnel $60,000.00 $90,000.00 It was further advised that the Digital Mapping Project is approximately 60 per cent complete, with funding expended through May 31, 1996, as follows: Capital Equipment Temporary Personnel Unexpended $82,553.00 $20,337.00 $47,tt0.00 The City Manager explained that the remaining funds ars needed to fund the cost of temporary wages and equipment to complete the project, which is expected to be complete by the end of the calendar year: Capital Equipment Temporary Personnel $ 6,110.00 $4t,000.00 The City Manager recommended that Council appropriate funding from the year-end balance, in the amount of $47,110.00, to Engineering Department General Fund budget accounts: 127 ACTION: Capital Equipment Temporary Personnel $ 6,1t0,00 $41,000.00 (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (/t33024-070196) AN ORDINANCE to amend and reordain certain sections of the 1996-97 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 576.) Mr. Harris moved the adoption of Ordinance No. 33024-070196. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None O. PARKS AND RECREATION-COMMITTEES-CAPITAL IMPROVEMENTS PROGRAM-DOWNTOWN ROANOKE, INCORPORATED-CONSULTANTS REPORTS: The City Manager submitl~d s written report advising that Part IV of the Mayor's State of the City Report suggested that the concept of providing some alternative transportation access to connect the top of Mill Mountain to the market area be researched as a tourism initiative; and on July 24, 1995, Council referred the matter to the City Manager for appropriate response. It was further advised that a local consultant was contacted for the purpose of developing a cost estimate for professional services to study the feasibility of the proposal; Hill Studio, P.C. offered for consideration a three-phase approach that would take into consideration planning, market research and transportation engineering; preliminary feasibility would provide an essential "go" or 'no-go" evaluation of the concept by investigating similar transportation systems at other sites and by appraising the affected local attractions, at a cost of $15,000.00 for Phase I and a scheduled time of two months; Transport and Market Study would seek broad 128 ACTION: .public particip..ation in this phase, conceptual design alternatives and ~nitial cost estimates for the alternativ.e~_ to be prepared at a cost of ~1 $55,000.00 for Phase 2 and a scheduled time of four months; the Pro- -- Fo,,~a Analysis and Mester Plan would include an environmental review of the project, offer funding alternatives, conduct necessary presentations, and produce a final master plan document, at a cost of $20,000.00 for Phase 3 and a scheduled time of four months; and the total project, inclusive of three phases, would cost approximately $90,000.00, and should take approximately ten months to complete. The City Manager recommended that Council refer the Feasibility Study for providing an alternate means of transportation from downtown Roanoke to Mill Mountain to the long-range Capital Improvements Program for future funding consideration. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the recommendation. The motion was seconded by Mr. White and unanimously adopted. BUDGET-EMERGENCY SERVICES-COMMUNICATIONS DEPARTMENT-EQUIPMENT: The City Manager submitted a written report adv.!sing that Roanoke. City telephones were purcha.sed in July t993 to ehminate an expenstve lease payment so that sav~ngs could fund upgrades of City telephone systems; telephone upgrades and maintenance have been funded in the Communications Department basic budget; Emergency 9-1-1 CAD (Computer-Assisted-Dispatch and Mobile Data Terminal) systems were installed in August 1987 and are in need of replacement; telephone repairs and upgrades are coordinated and funded by the Communications Department; repair parts for the currant computer system are becoming increasingly difficult to find; computer software support is marginal at best; and replacement of CAD and Mobile Date Terminals has been identified as a top priority. The City Manager recommended that Council concur in the following actions: appropriate $80,000.00 to the Capital Projects fund for telephone purchases; transfer $30,000.00 to the Communications Department budget to an account for telephone maintenance; 129 ACTION: transfer $66,863.00 to City Information Systems Fund for maintenance and $1t0,829.00 for purchase of CAD and Mobile Date Terminal Equipment; and total amount of $287,692.00 to be transferred ia available in the General Fund, Account No. 00t-004-9310-9508, Tranefera to Capital Projects Fund. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#33025-070196) AN ORDINANCE to amend and reordain certain sections of the 1996-97 General, Capital Projects, and City Information Systems Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 577.) Mr. Harris moved the adoption of Ordinance No. 33025-070196. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowara 7. NAYS: None 0. BUDGET-HUMAN DEVELOPMENT-CITY EMPLOYEES- PERSONNEL DEPARTMENT: The City Manager submitted a written report advising that the City of Roanoke has one Fraud Investigator position and one clerical position overseeing up to 12,000 cases per year; the enhanced Fraud Control and Collections Program which began on June 1, t995, by the Virginia Department of Social Services, allows local agencies to receive reimbursement for the local share of administrative cost associated exclusively with local claims and collection activity; the Deparb,ent collected $123,556.40 in fiscal year 1994-95 against claims owed; and the Deparb.ent was reimbursed for the total local administrative costa of the program for the one existing position. 130 It was further advised that the Department of Social Services is requesting that one additional Fraud Investigator position be added to the unit inasmuch as the workload has increased t3 per cent in one year, and the currant Freud Investigator and Account Clerk are unable to cover the workload of investigations and collections; and the Department would continue to be reimbursed for total administrative costs of the fraud unit, including the new position. The City Manager recommended that Council concur in the following actions: authorize the City Manager to advertise and fill one additional Fraud Investigator position; and appropriate $28,166.00 to Social Services expenditure accounts and increase the Generel Fund revenue estimate as follows: Expenditure Accounts 001-054-5313-1002 - Salaries 001-054-53t3-1105 - Retirement 001-054-53t3-1120 - F.I.C.A. 001-054-5313-1125 - Health Insurence 001-054-5313-1126 - Dental Insu rence 001-054-5313-1130 - Life Insurence $21,868.00 1,673.00 t,704.00 110.00 77.00 $28,166.00 001-020-t234-0676 $28,166.00 (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (f~33026-070196) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Generel Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 579.) 131 ACTION: Mr. Parrott moved the adoption of Ordinance No. 33026-070196. The mot]on was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, INhite, Wyatt and Mayor Bowers ................... 7. NAYS: Nono 0. BUDGET-HUMAN DEVELOPMENT-GRANTS YOUTH-SCHOOLS: The City Manager submitted a written report advising that the Family Preservation/Family Support Services Program which is intended to strengthen family life has allocated $50,272.00 to the City of Roanoke through the State Department of Social Services, for the period July 1, t996 through September 30, 1996; the City has flexibility in designing prevention support social services to identified at-risk families; and the Department of Social Services and the Roanoke City Schools, in conjunct]on with the Juvenile Courts, have cooperatively developed a truancy prevent]on project to provide services to families whose children have excessive absences from school. It was farther advised that the Department of Social Services would like to use family prese~ation funds to strengthen the Truancy Prevent]on Project; Roanoke C,ty Schools would provide the services through contractual agreement as a sole source provider, with t08 children from kindergarten through first grade in Hurt Park and Fallon Park Elementary Schools to be the targeted population to receive family assessment and case management services; and funds must be appropriated in order for the program to operate during July and August 1996. The City Manager recommended that Council concur in the following actions: transfer $5,027.00 from Emergency Relief, Account No. 00t-054-5314-3145 to Purchased Services, Account No. 001-054-5314-3160; and 132 ACTION: increase Revenue Estimate of funds received from the State Department of Socia. I Services, Account No. 001-020- 1234-0683, and appropnata $45,245.00 to Expenditure Account No. 00t -054-5314-3160. (For full taxt, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (~33027-070196) AN ORDINANCE to amend and reordain certain sections of the 1996-97 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 580.) Ms. Wyatt moved the adoption of Ordinance No. 33027-070196. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. il DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of May 1996. (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. REPORTS OF COMMITTEES: SEWERS AND STORM DRAINS-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 a Biological Aerated Filter Treatment System in connection with the Water Pollution Control Plant expansion and upgrade project, and recommended that Council concur in the following actions: 133 ACTION: authorize the City Manager to reject all bids due to the unique nature of the BAF system technology and to allow the procurement document specifications to be modified to further clarify the specified requirements for the system so that all potential bidders would have the opportunity to bid on system requirements; and instruct Malcolm-Pimie, Inc., to revise the contract documents and readvertise the project as soon as possible, to include the following: specify the maximum loading per square foot permitted on the BAF system, permit a reasonable variation in the size of the BAF system footprint at the site, clarify the exceptions taken by both bidders in the last bid submittal, and reedvertiee the project as soon as possible after the report has bccn approved. 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 resolution: (#33028-070196) A RESOLUTION rejecting all bids for the Biological Aerated Filter Treatment System for the expansion and upgrade of the Water Pollution Control Plant Project. (For full text of Resolution, see Resolution Book No. 58, page 581.) Mr. Par~ott moved the adoption of Resolution No. 33028-070196. The motion was seconded by Mr. Trout. Robert Rice, Attorney, representing Krueger, Inc., requested that the bids not be rejected due to technical problems and that representatives of Krueger, Inc., be afforded the opportunity to meet with the Bid Committee to discuss issues of concern. 134 O. Roy Langslet, representing Krueger, Inc., advised that in most instances, the client has the right to waive bid irregularities, and Krueger, Inc., is of the opinion that it is the lowest responsible bidder, therefor, representatives of the company would like to discuss the matter with the City's technical committee. Upon question, the City Attorney advised that the City is permitted to waive formalities if they do not effect price, quality, quantity or delivery schedule, and in this case, the City has relied unnn the advice of its consultenta, Malcolm Pirnis, Inc..'e stated tha~ consultants have advised that the bids are not in compliance with specifications, and has further advised that the differences are not informalities, but substantial differences. He added that in a situation where all bidders are in non-compliance with bid specifications, the City cannot negotiate with one or the other of the bidders, and under that circumstance, the City is required to reject all bids. He explained that Malcolm Pirnie, Inc., has advised that both bidders are substantially out of compliance with bid specifications, and, therefore, the City must reject both bide and readverlise the project. Resolution No. 330284)70196 was adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White and Wyatt -6. NAYS: Mayor Bowers ... HEALTH DEPARTMENT-CITY PROPERTY-LEASES-WATER ~ESOUR.CES: A report of the Water Resources Committee with regard execution of a lease agreement with the State Department of Health for the Health Center located at 515 Eighth Street, S. W., for a term of five years, commencing July 1, 1996, was before Council. A staff report advised that the lease agreement with the State ~':partment of. Health for use of City property located at 515 Eighth eet, S. W., described as Official Tax No. 1113111, was entered into on February 15, 1968; State law limits leases to term~ u..n_l~ss pu?icly advertised; and the current leaee, vrmnanca No. 30627-072291, adopted on July 22, 1991, provided for a five year renewal term from July 1, 1991 through June 30, 1996, at the rate of $11,250.00 per quarter, for a total isaee fee of $225,000.00. 135 ACTION: It was further advised that the current lease expired on June 30, 1996, the Lessee has requested s new lease, for a term of five years ending June 30, 2001, end has agreed to a total lease fee of $475,000.00; and the Lessee has further requested that the City indemnify the Lessee against claims resulting from the presence of friable asbestos or other environmental conditions deemed hazardous to the health or safety of persons entering the building. The Water Resources Committee recommended that Council authorize execution of a new lease with the State Depe,;,,,ent of Health for property located at 515 Eighth Street, S. W., for a term of five years, in a form acceptable to the City Attorney. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#33029) AN ORDINANCE authorizing the lease of certain City- owned property to the State Depe,:.~ent of Health, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 59, page 1.) The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. BILLINGS AND COLLECTIONS-EMERGENCY SERVICES- MUNICIPAL BUILDING-LEASES-WATER RESOURCES: A report ofthe Water Resources Committee with regard to execution of an amendment to the lease agreement with Quantum Medical Business Services, Inc., for use of certain office space located in the Municipal South Building, was before Council. A staff report advised that the City of Roanoke Office of Emergency Medical Services (EMS) contracts for billing and collection services relating to EMS ambulance transports; the current agreement with Quantum Medical Business Services, Inc., to provide said services 136 ACTION: was authorized pureusn..t to Ordinance No. 31754-102593, adopted October 25, 1.793, and w~ll exp!re on October 31, 1996; and the Leas Agreement w~th Quantum "--,.--, - .... · ,~, ........ ~.~,,,~-, Ouslness ~ervlces, Inc., fur use of ~-,~.. property In the Municipal Building was authorized ureuant Ordinance No..32552-071095, adopted on July In 4,~,,, __p~u . to space for the billing clerk handli · , .-, · ~;, uno provioes · . ng City accounts, the Lease A for space for the billing clerk will expire three months ~fomerem~hnet agreement for bill!ng services expires; and the lease needs to be amended so. that It will expire at the same time the agreement for services expires. _ .The Water. Resources Committee recommended that Council ~t~t ~nuZaen~uXm~;tca°~un~:end_ment extending the term ..o., the ,ease · ess ~ervices, Inc., fur use of City properly in the Municipal Building. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: · (#3.3030-070196) AN ORDINANCE authorizing the appropriate City officials ~ enter into an amendment to the lease a res between the City and Quan*,,-- u..,:__, .... g ment certain ~u..~;-k-,.~ -~ .u.,,, m~ull~li Uuslness ~ervlces, Inc., for . ,,,,o.~u umce space located in the Municipal Sou.?. Building at 21.5. Church Avenue, S. W., upon certain terms and conditions, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 582.) M.s. Wyatt moved the adoption of Ordinance No. 33030-070196. vToh~..m°ti°n was seconded by Mr. Swain and adopted by the following AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers - NAYS: Non_- O. EASEMENTS-CONDEMNATiON PROCEEDINGS-UT . WATER RESOURCES-STRE . . ILITIES Resources Committee with ~._E.'I'_S._,A.N_ D_ ALL. E..Y.S.A. report of the Water ............. ,~,,,u .~ acqurs:uon oT property rights and o~f ~nea~ne~:~oaWde:::m~e.n. ts=..a.c~.c_e~.r!ain_proparlies for construc, on · --~ ..,,,,u --;.~enine Project, was before Council. 137 A staff report advised that certain areas of the Garden City neighborhood occasionally experience Iow watar the Water pressu.re; Depe, b,,ent proposes to interconnect existing water ma;ns in Snsad Road and Ray Road to improve the water system operating pressures; property rights to bo acquired are two permanent 15-foot utility easements on the Snssd Road and Ray Road Waterline Project; value of said land rights is to be determined by City records and/or individual appraisals; and authorization is needed to begin title work, appraisals, negotiations, and closings for acquisition of property rights, which will be acquired by negotiation where possible; however, condemnation of property may be necessary where agreement cannot be reached by negotiation or where landowners are unknown. The Water Resources Committee recommended that Council authorize acquisition of permanent utility easements, as required, across propert]ss owned by Joe S. and Corinth S. Treadway and Gerald R. and Barbara H. Sullivan, described aa Official Tax Nos. 4290103 and 4290109, respectively, by making offers based on City records, or individual appraisals, and institute condemnation as necessary; and transfer $1,000.00 from the Water Fund Retained Earnings account to a new Water Fund account to be established by the Director of Finance entitled, "Snead Road and Ray Road Waterline Project". (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (~33031-070196) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 583.) ACTION: Ms. Wyatt moved the adoption of Ordinance No. 33031-070196. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. 138 ACTION: Ms. Wyatt offered the following emergency ordinance: (//33032-070196) AN ORDINANCE providing for acquisition of property rights needed by the City for construction of the Snssd Road and Ray Road Wateriine Project; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such 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 parcels for the purpose of commencing the project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 584.) Ms. Wyatt moved the adoption of Ordinance No. 33032-070196. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None. 0. SEWERS AND STORM DRAINS-INSURANCE-PIPELINES/ STORAGE TANKS-CITY PROPERTY-NORFOLK SOUTHERN CORPORATION-UTILITIES: A report of the Water Resources Committee with regard to execution of an agreement with Norfolk and Western Railway Company to authorize the City to remove, replace, install, maintain and operate a sanitary sewer pipeline across property owned by the railroad, was before Council. A staff report advised that the Tinker Creek Interceptor Sewer Project consists of replacing the existing 36-inch sewer line with a 48- inch sewer line from Orange Avenue to Glade Creek and replacing the existing 42-inch sewer line with a 54-inch sewer line from Glade Creek to the Water Pollution Control Plant; the Project will follow Norfolk and Western Railway property on the opposite side of the Roanoke River from the Water Pollution Control Plant; an agreement is required with Norfolk and Western Railway to allow the City to construct, remove, replace, and maintain the sanitary sewer pipeline across property owned by the railroad; and in order to allow the City to perform the work, the railroad requires the City to indemnify the railroad. 139 The Water Resourcsa Committee recommended that Coun.c. il authorize the City Manager to the necessary agreement w~th e. xecuto Norfolk and Western Railway, ,n a form to be approved by the City Attomey, to construct, remove, replace and maintain the sanitary sewer pipeline located on railroad property and to indemnify the railroad of liability related to such construction, removal, replacement, and maintenance, in accordance with conditions stated in the staff report. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: (#33033-070196) AN ORDINANCE authorizing the proper City officials to enter into an agreement, on behalf of the City, with Norfolk and Western Railway Company to allow the City to remove, replace, install, maintain, and operate a sanitary sewer pipeline across property owned by the railroad; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 585.) ACTION: Me. Wyatt moved the adoption of Ordinance No. 33033-070196. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: Nono 0. BUILDINGSIBUILDING DEPARTMENT-INSURANCE-CITY PROPERTY-SPECIAL PERMITS-WATER RESOURCES-AIR RIGHTS: A report of the Water Resources Committee with regard to approval of a conditional permit to .B. riar Oak Investment, L.LC., to permit encroachment of the build,rig facade located at 15 East Salem Avenue into City right-of-way and airspace along the front of the building, was before Council. A staff report advised that the building located at 15 East Salem Avenue is currently owned by Briar Oak Investment, L.L.C.; extensive renovations to the building will convert the vacant warehouse into 18,900 square feet of leasable retail and office space; proposed renovations to the facade will encroach onto City property at two of the three atorefront entrances by four and one-half inches; the exterior 140 insulated finish system that will be applied above the second floor line will encroach two inches into the airspace above City right-of- way; and the property owner has requested a permit to allow the abovedeecribed renovations to bo completed. The Water Resources Committee recommended that Council authorize a conditional permit to Briar Oak Investment, LLC., for the building located at 15 East Salem Avenue, to permit the encroachment of the building facade into .City right-of-way and airspa..ca of approximately four and one-half inches along the front of the braiding; and the permit shall automatically terminate if the building is ever removed or destroyed, said permit shall bo in a form approved by the City Attomey. (For full text, see reports on file in the City Clerk's Office.) ACTION: Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#33034) AN ORDINANCE granting a conditional permit for a facade of an existing structure encroaching over and into the right-of- way and airspace of approximately 4 112 inches along the front of the building located at 15 East Salem Avenue, Official Tax Nos. 4010309, 4010311 and 4010313, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 59, page 1.) The molion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. UNFINISHED BUSINESS: None. 141 INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PiPE LINES/STORAGE TANKS-FRANCHISES-CITY PROPERTY- UTIUTIES-ROANOKE GAS COMPANY: Ordinance No. 33007 accepting the bid of Roanoke Gas Company for a franchise to construct, operate and maintain a natural gas distribution system upon certain public property of the City, for a 20-year term and authorizing execution of a Gas Franchise Agreement, having previously been before the Council for its first reading on Monday, June 17, t996, read and adopted on its first reading and laid over, was again before the body, Mr. Swain offering the following for its second reading and final adoption: (#33007-070196) AN ORDINANCE accepting a bid fora franchise to construct, operate and maintain a natural gas distribution system in the City, upon certain terms and conditions, for a twenty (20) year term and authorizing the execution of a Gas Franchise Agreement. (For full text of Ordinance, see Ordinance Book No. 58, page 532.) ACTION: Mr. Swain moved the adoption of Ordinance No. 33007-070196. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Swain, Trout, White, Wyatt and Mayor Bowers ~;. NAYS: None 0. (Council Member Parrott abstained from voting.) PIPE LINES/STORAGE TANKS-FRANCHISES-CITY PROPERTY- UTILITIES-ROANOKE GAS COMPANY: Ordinance No. 33008 providing for one or more non-exclusive franchises to construct, reconstruct, operate, maintain, repair and extend a gas distribution system within the City of Roanoke, Virginia, retroactive to January 1, 1996, having previously bc.-'n before the Council for its first reading on Monday, June 17, t996, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: 142 ACTION: ACTION: (~33008-070196) AN ORDINANCE providing for one or more non- exclusive franchises to construct, reconstruct, operate, maintain, repair and extend a Gas Dist]~but~on System within the City of Roanoke, Virginia. (For full text of Ordinance, see Ordinance Book No. 58, page 533.) Mr. Trout moved the adoption of Ordinance No. 33008-070196. The motion was seconded by Mr. White and adopted by the following vota: AYES: Council Members Harris, Swain, Trout, White, Wyatt and Mayor Bowers $. NAYS: None O. (Council Member Parrott abstained from voting.) PIPE LINES/STORAGE TANKS-FRANCHISES-CITY PROPERTY- UTILITIES-ROANOKE GAS COMPANY-WATER RESOURCES: Ordinance No. 33009 accepting a bid for the right to construct, opareto and maintain a gas transmission pipeline on certain property of the City and authorizing execution of a Gas Pipeline Agreement for a 20-yoar term, within a certain right-of-way approximately 14,129 feet in length on City-owned property known as the Carvins Cove Reservoir in Botetourt County and Roanoke County, having previously been before the Council for its first reading on Monday, June 17, t996, 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: (g33009-070196) AN ORDINANCE accepting a bid for the right to construct, operate and maintain a gas transmission pipeline on certain property of the City and authorizing the execution of a Gas Pipeline Agreement for a twenty year tarm. (For full text of Ordinance, see Ordinance Book No. 58, page 545.) Mr. White moved the adoption of Ordinance No. 33009-070196. The motion was seconded by Mr. Wyatt and adopted by the following vote: '1 143 AYES: Council Members Harris, Swain, Trout, White, Wyatt and Mayor Bowers 6. NAYS: Nono 0. (Council Member Parrott abstained from voting.) ZONING: Ordinance No. 33010 rezoning a tract of land located at 2315 Patterson Avenue, S. W., described as Official Tax Nos. 1311601 and 1312318, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, pursuant to a Petition filed in the Office of the City Clerk on April 25, 1996, having previously Icccn before the Council for its first reading on Monday, June t7, 1996, read and adopted on its first reading and laid over, was again before the body, Ma. Wyatt offering the following for its second reading and final adoption: (#33010-070196) AN ORDINANCE to amend ~36.t-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 131, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 58, page 546.) I ACTION: Wyatt moved the adoption Ordinance No. 33010-070196. M.s. o.f The motion was seconded by Mr. Hams and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. ZONING: Ordinance No. 33011 rezoning a tract of land located on the north side of Bennington Street, S. E., st its intersection with Mount Pleasant Boulevard and Rutrough Road, described as Official Tax No. 4250202, from CN, Neighborhood Commercial District, to C-2, General Commercial District, and that conditions presently binding upon Official Tax No. 4250202 be hereby removed, pursuant to a First Amended Petition filed in the Office of the City Clerk on June 14, 1996, having previously been before the Council for its first reading on Monday, June 17, 1996, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: 144 ACTION: (~33011-070196) AN ORDINANCE to amend ~36.1-3 and 36.1-4, Cod.e of the City of Roanok.e. (1979), as amended, and Sh .e~t No. 425, S.~..,onal 19~6 Zone Map, City of Roanoke. ~...rezone certe,n property within the City, and to remove certain cond,tlons presently binding upon certain property previously conditionally zoned CN, Neighborhood Commercial District. (For full text of Ordinance, see Ordinance Book No. 68, page 547.) Mr. Harris moved the adoption of Ordinance No. 3301t-070196. The motion was seconded by Mr. Parrott and adopted by the following vote: ACTION: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowem 7. NAYS: None Om ZONING: Ordinance No. 33012 rezoning two tracts of land located on the southerly side of Campbell Avenue, S. E., identified as Official Tax Nos. 4011102 and 4011103, from LM, Light Manufacturing District, to C-3, Central Business District, subject to proffers contained in a Third Amended Petition filed in the Office of the City Clerk on May 13, t996, having previously been before the Council for its first reading on Monday, June 17, 1996, read and adopted on its first reading and laid ove.r, was again before the body, Mr.. Parrott offering the following for Ite second reading and final adoption: (~33012-070196) AN ORDINANCE to amend §36.1-3, 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. 58, page 548.) Mr. Parrott moved the adoption of Ordinance No. 33012-070196. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. 145 ZONING-NORFOLK SOUTHERN CORPORATION-STREETS AND I ALLEYS: Ordinence No. 33013 rezoning certain parcels of lend in the southwest quadrant of the City," bounded generally by Jackson Avenue on the north, 12th Street on the west, Salem Avenue on the south, and 10th St~eat on the east, identified as Ofl~cial Tax Nos. 1211402, 1211502 - 1211505, inclusive, and 1211508 - 1211512, inclusive, and property owned by Norfolk Southem Corporation, identified as Official Tax Nos. 1110806 - 1110809, inclusive, 1110817, end 1110101 - 1110131, inclusive, from LM, Light Manufacturing District, to RM-1, Residential Multi-family, Low Density District; and Official Tax Nos. 1110801 - 1110804, inclusive, and 1110810, from RM-2, Residential Multi-fam ily, Medium Density District, to RM-1, Reaidential Multi-family, Low Density District, having previously been bofora the Council for its first reading on Monday, June 17, 1996, read and adopted on its first reading and laid over, was again before the body, Mr. Swain offering the following for its second reading and final adoption: (#33013-070196) AN ORDINANCE to amend §36.1-3, Cede of the City of Roanoke (t979), as amended, and Sheet No. 11t end Sheet No. 121, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinence, see Ordinance Book No. 58, page 550.) ACTION: Mr. Swain moved the adoption of Ordinance No. 33013-070196. The motion wee seconded by Mr. Trout end adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 4:25 p.m., the Mayor declared the meeting in recess. 146 ACTION: ACTION: At 5:20 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 Seesion just concluded, Mr. Harris moved that each Member of City Council certify to the best of his or her knowledge that: (t) 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 wars heard, discussed or considered by City Council. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None BUDGET-PARKS AND RECREATION-STATE HIGHWAYS- VIRGINIA MUNICIPAL LEAGUE-HUMAN DEVELOPMENT-PLANNING- SCHOOLS-CITY GOVERNMENT-HOTEL ROANOKE CONFERENCE CENTER-COMMITTEES-COUNCIL-LEGISLATION.HOUSING/ AUTHORITY-TRANSPORTATION SAFETY-CONVENTION AND VISITORS BUREAU-TOURISM-ROANOKE CIVIC CENTER-TOTAL ACTION AGAINST POVERTY-VIRGINIA TRANSPORTATION MUSEUM-ROANOKE ARTS COMMISSION-AUDIT COMMII-rEE-DISABLED PERSONS-CABLE TELEVISION-ECONOMIC DEVELOPMENT-WATER RESOURCES-WAR MEMORIAL-FIFTH PLANNING DISTRICT COMMISSION: Mr. Parrott moved that Council concur in the following committee assignments as proposed by the Mayor. The motion was seconded by Mr. Swain and unanimously adopted: Mayor David A. Bowers Budget and Planning Committee, Chairperson Personnel Committee, Chairperson Ex-Officio member to all authorities, boards, committees and commissions Vice-Mayor Lind:, F. Wy~ Budget and Pl&nning Committee Economic Development Commission Legislative Committee 147 Mayor's Committee for the Disabled Personnel Committee Total Action Against Poverty Board of Directors Water Resources Committee Virginia Municipal League Human Development and Education Policy Committee Council Member C. Nelson Har~= Audit Committee Budget and Planning Committee Fifth Planning District Commission Mill Mountain Development Committee Personnel Committee Roanoke Arts Commission, Council Liaison Roanoke Civic Center Commission, Council Liaison Virginia Municipal League General Government Policy Committee Council Member John H, Parrott Bid Committee, Chairperson Budget and Planning Committee Hotel Roanoke Conference Center Commission Roanoke Valley Regional Cable Television Committee Legislative Committee Personnel Committee Water Resources Committee Council Member Carroll E. Swain Audit Committee Bid Committee Budget and Planning Committee City of Roanoke Transportation Safety Commission Board of Directors Fifth Planning District Commission Personnel Committee Virginia CARES Board of Directors Virginia Municipal League Transportation Policy Committee War Memorial Committee 148 ACTION: ACTION: Council ~=.-~. her James O. Trout Budget and Planning Committee Economic Development Commission Housing Stratagy Task Force Mill Mountain Development Committee Personnel Committee Roanoke Redevelopment and Housing Au~tority, Council Liaison Roano. ke Valley. Convention & Visito~ Bureau Board of Directors Virginia Mumclpel League Commun,ty Development and Public .Safety Policy Committee . Virginia Museum of Transportation Board of Directore War Memorial Committee Water Resources Committee (;ouncil Member William White. Sr. Audit Committee, Chairperson Budget and Planning Committee Legislative Committee, Chairperson Personnel Committee COMMiTTEES-COUNCI.L.-ROANOKE. NEIGHBORHOOD PARTNE.R. SHIP: Without objection by Council, the Mayor requeste.d. that the C,ty Attorney pnpare the proper meas.ure appointing Councd Member C. Nelson Harris as Council's liamon to the Roanoke Neighborhood Partnership Steering Committee. OATHS OF OFFiCE-COMMITTEES-FIRE DEPARTMENT: The Ma or advised that the four-year term of office of Michael K. Quinn as a ~mber of the Board of Fire Appeals expired on June 30, 1996, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Michael K. Quinn. There being no further nominations, Mr. Quinn was reelectod as a member of the Board of Fire Appeals, for a te¢,~ ending June 30, 2000, by the following vote: FOR MR. QUINN: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers . .7. 149 OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT: The Mayor advised that the three-year terms of office of John D. Baldridge, III, J. Granger Mecfarlane, and Alvin g Naeh as members of the Economic Development Commission expired on June 30, 1996, end called for nominations to fill the vacancies. Mr. White placed in nomination the names of John D. Baldridge, III, J. Granger Macfarlane, and Alvin g Nash. There being no further nominations, Messrs. Baldridge, Macferlene, and Nssh were reelected as members of the Economic Development Commission, for terms ending June 30, 1999, by the following vote: ACTION: FOR MESSRS. BALDRIDGE, MACFARLANE, AND NASH: Council Members Harris, Perrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. COMMITTEES-FLOOD REDUCTION/CONTROL: The Mayor advised that the one-yssr terms of office of Robert H. Bennett, Jr., Willard N. Claytor, Lucian Y. Grove, Kathy S. Hill, Read A. Lunsford, Harold L. Shaffer, Dennis Tinsley, and Edgar V. Wheeler as members of the Flood Plain Committee expired on June 30, 1996, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of Robert H. Bennett, Jr., Wilisrd N. Claytor, Lucian Y. Grove, Kathy S. Hill, Read A. Lunsford, Harold L. Shaffer, Dennis Tinsley, and Edgar V. Wheeler. There being no further nominations, Me. Hill and Messrs. Bennett, Claytor, Grove, Lunsford, Shaffer, Tinsley, and Wheeler were reelected es members of the Flood Plain Committee, for terms ending June 30, 1997, by the following vote: ACTION: FOR MS. HILL AND MESSRS. BENNETT, CLAYTOR, GROVE, LUNSFORD, SHAFFER, TINSLEY, AND WHEELER: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. COMMITTEES-HUMAN DEVELOPMENT: The Mayor advised that the one-year terms of office of Raleigh Campbell, Frank W. Feather, Stanley R. Hale, Bernice F. Jones, Harold P. Kyle, Alphonso McCain and 150 ACTION: ACTION: Glenn D. Radcliffe as members of the Human Services Committee expired on June 30, 1996, and called for nominations to fill the vacancies. Mr. White 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, Ms. Jones and Messrs. Campbell, Feather, Hale, Kyle, McCain, and Radcliffe were reelected as membere of the Human Services Committee, for terms ending June 30, t997, by the following rots: FOR MS. JONES AND MESSRS. CAMPBELL, FEATHER, HALE, KYLE, MCCAIN, AND RADCLIFFE: Council Members Harris, Parrott, Swain, Treut, White, Wyatt and Mayor Bowers 7. COMMITTEES-PARKS AND RECREATION: The Mayor advised that the one-yssr terms of office of L. Thompson Hanes, Mary E. Kepley, Carl H. Kopitzke, Jordan B. Peck, III, G. Scott Shackelford, Ralph K. Smith, Barry L. Thomas, and Betty C. Winfrss as members of the Mill Mountain Development Committee expired on June 30, t996, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of L. Thompson Hanes, Mary E. Kepley, Carl H. Kopitzke, Jordan B. Peck, III, G. Scott Shackelford, Ralph K. Smith, Barry L. Thomas, and Betty C. Winfree. There being no further nominations, Ms. Kepley and Ms. Winfree and Messrs. Hanes, Kopitzke, Peck, Shackelford, Smith, and Thomas were reelected as membere of the Mill Mountain Development Committee, for terms ending June 30, 1997, by the following vote: FOR MS. KEPLEY AND MS. WINFREE AND MESSRS. HANES, KOPI1-ZKE, PECK, SHACKELFORD, SMITH AND THOMAS: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. OATHS OF OFFICE-COMMITTEES-CITY EMPLOYEES-PENSIONS: The Mayor advised that the three-year terms of office of L. Bane Cobum, I. B. Heinemann, and Jennifer Mulligan as members of the Personnel and Employment Practices Commission expired on June 30, 1996, and called for nominations to fill the vacancies. 151 ACTION: ACTION: Mr. White placed in nomination the names of L. Bane Coburn, I. B. Heinemann, and Jennifer Mulligan. There being no further nominations, Me. Mulligan and Messrs. Cobum and Heinemann were reelected as members of the Personnel and Employment Practices Commission, for terms ending June 30, 1999, by the following vote: FOR MS. MULLIGAN AND MESSRS. COBURN AND HEINEMANN: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that the three-yesr terms of office of Michael Brennan, Brook E. Dickson, E. Antoinette Hale, Richard C. Maxwell, and Janie P. Wheeler as members of the Roanoke Arts Commission expired on June 30, 1996, Ma. Hale has declined to serve another term, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of Michael Brennan, Brook E. Dickson, Richard C. Maxwell, and Janie P. Wheeler. There being no further nominations, Ms. Dickson and Ma. Wheeler and Messrs. Brennan and Maxwell were reelected as members of the Roanoke Arts Commission, for terms ending June 30, 1999, by the following vote: FOR MS. DICKSON AND MS. WHEELER AND MESSRS, BRENNAN AND MAXWELL: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. OATHS OF OFFICE-COMMITTEES-LIBRARIES: 'The Mayor advised that the three-year terms of office of Roland H. Macher, Gloria P. Manns, and Marc J. Small as members of the Roanoke Public Library Board expired on June 30, 1996, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of Roland H. Macher, Gloria P. Manns, and Marc J. Small. There being no further nominations, Ms. Manns and Messrs. Macher and Small were reelected as members of the Roanoke Public Library Board, for terms ending June 30, 1999, by the following vote: 152 ACTION: ACTION: FOR MS. MANNS AND MESSRS. MACHER AND SMALL: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. COMMITTEES-CELEBRATIONS-SPECIAL EVENTS: The Mayor advised that the one-year terms of office of Barbara D. Bethel, Dorothy L. Bull, William H. Carder, Greg Feldmann, Catherine Fox, Pearl Fu, Peter R. Lampman, Sabrina T. Law, Eetelle H. McCadden, Sate L. McGhss, Samuel G. Oakey, Jr., Beth Poff, Michael A. Russell, and Allen T. Wilson as members of the Special Events Committee expired on June 30, 1996, the City Clerk has bccn unable to contact Ms. bethel and Ms. Fu, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of Dorothy L. Bull, William H. Carder, Grog Feldmann, Catherine Fox, Peter R. Lampman, Sabrina T. Law, Estelle H. McCadden, Sate L. McGhee, Samuel G. Oakey, Jr., Beth Poff, Michael A. Russell, and Allen T. Wilson. There being no further nominations, Ms. Bull, Ms. Fox, Ms. Law, Ms. McCadden, Ms. McGhss and Ms. Poff and Messrs. Carder, Feldmann, Lampman, Oakey, Russell and Wilson were reelected as members of the Special Events Committee, for terms ending June 30, t997, by the following vote: FOR MS. BULL, MS. FOX, MS. LAW, MS. MCCADDEN, MS. MCGHEE AND MS. POFF AND MESSRS. CARDER, FELDMANN, LAMPMAN, OAKEY, RUSSELL AND WILSON: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers .... 7. COMMITTEES-WAR MEMORIAL: The Mayor advised that the one-year terms of office of W. Robert Herbert, Slosn H. Hoopss, Daniel E. Kames, Alfred C. Moore, and Howard E. Musssr as members of the War Memorial Committee expired on June 30, t996, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of W. Robert Herbert, Sloan H. Hoopes, Daniel E. Karnes, Alfred C. Moore, and Howard E. Musser. There being no further nominations, Messrs. Herbert, Hoopss, Kames, Moore and Musser were reelected as members of the War Memorial Committee, for terms ending June 30, 1997, by the following vote: 153 ACTION: FOR MESSRS. HERBERT, HOOPES, KARNES, MOORE AND I and MUSSER:Mayor Council Mambem Harris, Parmtt, Swain, Trout,Bo. rs White' WYa7~ OTHER HEARINGS OF CITIZENS: None. There being no further business, the Mayor declared the meeting adjoumed at 5:25 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 154 COUNCIL ORGANIZATIONAL MEETING July 1, 1996 2:00 p.m. The Council of the City of Roanoke held its Organizational Meeting on Monday, July 1, 1996, at 2:00 p.m., in the Roanoke City Council Chamber, fourth floor, 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 City Charter. PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers 7. ABSENT: None OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. GHsso, Director of Finance; and Mary F. Parker, City Clerk. COUNCIL: The Mayor advised that the purpose of the meeting was for the newly elected Members of Council to officially take their seats on City Council. OATHS OF OFFICE-COUNCIL: A report of the City Clerk advising of the qualification of the Honorable David A. Bowers as Mayor for a term of four years commencing July 1, 1996 and ending June 30, 2000, and Carroll E. Swain, James O. Trout and Linda F. Wyatt for terms of four years, each, commencing July 1, 1996 and ending June 30, 2000; and C. Nelson Harris for a term commencing July 1, 1996 and ending June 30, 1998, as members of the Roanoke City Council, was before the body. (See Oaths Affirmations of Office on file in the City Clerk's Office.) ACTION: Without objection by Council, the Mayor advised that the report of qualification would be received and filed. 155 ACTS OF ACKNOWLEDGEMENT-COUNCIL: Mr. Trout offered the I following resolution reco~.nizing the Honorable Lin.d.e F. Wyatt fo be a member of the City Council and Vice-Mayor of the City of Roanoke for a term commencing July 1, 1996 and continuing for s period of two years and until her successor has been elected end qualified: (~33014-070196) A RESOLUTION recognizing the Honorable Linde F. Wyatt to be a member of the City Council and Vice-Mayor of the City o! Roanoke. (For full text of Resolution, see Resolution Book No. 58, page 551.) ACTION: Mr. Trout moved the adoption of Resolution No. 33014-070196. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. ACTS OF ACKNOWLE .D~EMENT-COUNCIL: Mr. Trout offered the I resolution and the Honorable following recognizing commending William White, Sr., for his services es Acting Vice-Mayor of the City of Roanoke from January 16, 1996 through June 30, 1996: (~33015-070196) A RESOLUTION recognizing and commending the Honorable INilliam White, Sr., for his service as Acting Vice-Mayor of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 58, page 552.) ACTION: Mr. Trout moved the adoption of Resolution No. 33015-070196. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, Wyatt and Mayor Bowers .. 6. NAYS: Nono 0. (Council Member White abstained f~om voting.) 156 Them being no further business, the Mayor declared the Organizational Meeting adjourned at 2:15 p.m. APPROVED AI'I'EST: Mary F. Parker City Clerk David A. Bowers Mayor 157 ROANOKE CITY COUNCIL -- ROANOKE COUNTY BOARD OF SUPERVISORS July 9, 1996 12:00 noon A joint meeUng of the Roanoke City Council and the Roanoke County Board of Supervisors was called to order on Tuesday, July 9, 1996, at 12:00 noon, at The Brambleton Center Community Room, 3738 Brambleton Avenue, S. W., Roanoke, Virginia, with Mayor David A. Bowers and Chairman Bob L. Johnson presiding. ROANOKE CiTY COUNCIL MEMBERS PRESENT: C. Neleon Harris, John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers .. 7. ROANOKE CITY COUNCIL MEMBERS ABSENT: None Ow ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Harry C. Nickens, Lee B. Eddy, H. Ode# Minnix and Chairman Bob L. Johnson 4. ROANOKE COUNTY BOARD OF SUPERVISORS ABSENT: Fenton F. Harrison, Jr. 1. ROANOKE CITY STAFF PRESENT: James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; MaW F. Parker, City Clerk; Kit B. Kissr, Director of Utilities and Operations; and Glenn D. Radcliffe, Director of Human Development. ROANOKE COUNTY STAFF PRESENT: Elmer C. Hodge, County Administrator; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Adminis~,~lor; Paul M. Mahoney, County Attorney; Diane D. Hyatt, Director of Finance; Ann Marie Green, Public Information Officer; and Mary H. Alien, Clerk to the Board of Supervisors. OTHERS PRESENT: J. Lee E. Osborne, Chair, Fifth Planning District Commission; Stephen A. Mancnso, General Manager, Valley Metro; and Kathryn V. Weikel, Assistant General Manager, Valley Metro. The meeting convened with a tour of the Brambleton Center led by County staff, which was followed by lunch in the Community Room of The Brambleton Center. Following lunch, the business portion of the meeting convened at 12:50 p.m. 158 CELEBRATIONS-ACTS OF ACKNOWLEDGEMENT: On behalf of the Board of Supervisors, Chairman Johnson presented the Mayor with a framed copy of a resolution adopted by the Roanoke County Board of Supervisors on July 9, 1996, congratulating the City of Roanoke upon its designation as an All America City for 1996. On behalf of the Members of Council and citizens of the City of Roanoke, the Mayor accepted the resolution with appreciation and advised that the All America City designation was the culmination of a regional effort. FLOOD REDUCTION/CONTROL4NSURANCE-CABLE TELEVISION: Vice-Mayor Wyatt requested that the matter of flood reduction/insurance be added to the agenda; and Council Member Harris requested that expanded governmental and educational use of the cable access television channel also be added to the docket for discussion. SPORTS ACTIVITIES: Chairman Johnson advised that both municipalities should continue to support the Virginia Amateur Games which provide a positive economic impact on the Roanoke Valley. BUSES-TAXES-BUDGET: Mayor Bowers advised of the importance of continuing to convey to citizene of the Roanoke Valley that a critical time is coming as metropolitan areas throughout the country will be faced with large reductions in transit funds. He stated that in 1996, Roanoke City and Roanoke County suggested creation of a Metropolitan Public Transportation District; however, at the 1996 Session of the General Assembly, the request was denied; therefor, in its t997 Legislative Program, Roanoke City will again eubmit the same request to the General Assembly. He proposed that the Roanoke County Board of Supervisors join with the Roanoke City Council in appointing a committee made up of three representatives from each locality to be composed of interested citizens, business leaders, and civic leaders to educate the public on future funding problems. Mr. Mancuso presented information with regard to employer users of Valley Metro bus service. (For full text, see report on file in the City Clerk's Office.) Chairman Johnson advised that the Board of Supervisors would discuss appointment of its representatives at the afternoon Board session. Mayor Bowers requested that the matter be placed on the July t5, t996 City Council agenda. 159 INSURANCE-CITY EMPLOYEES: Ms. Hyatt advised that the Employes Health Cars Subcommittee, compoesd of City and County staffs, has continued to meet and progress since the last meeting of Council and the Board of Supervisors in March 1996 with regard to joint health care coverage for employees of the two localities. She stated that as a result of the meetings, a Request fur Proposals wes advertised for consulting services to study cost savings, nine responses were received, five firms were interviewed, with Slsbaugh, Morgan, Wllita & Associates h~om Richmond, Virginia, having bccn selected to prepare the study. She advised that the contract wes finalized during the last two weeks, and the study should be completed within three to six months, and the subcommittee is confident that there will be cost savings for the two localities aa a result of joint health care coverage. FIFTH PLANNING DISTRICT COMMISSION-ECONOMIC DEVELOPMENT- PARTNERSHIP FOR URBAN VIRGINIA: It was explained that the purpose of the Regional Compel]tiveneas Act is to encourage cities, counties and towns to work together for their mutual benefit and for the benefit of the Commonwealth of Virginia; and the Act establishes State incentive funding for those regions that join together to plan for regional economic development and propose to carry out services jointly. Mr. Hodge pointed out that the Regional Compet~veness Act is an outgrowth of the Urban Partnership Program, and the General Assembly appropriated $3.0 mil#on for fiscal year 1998, plus up to $5.0 million from the Govemor'e Opportunity Fund to be used to further the goals of the Act. He explained that an agency is needed to coordinate the project, and the Fifth Planning District Commission has offered to establish a Regional Steering Committee to examine the process. He inquired if the two governing bodies are willing to accept to the offer and proposed that City and County staffs be authorized to work with the Fifth Planning District Commission. J. Lee E. Osborne, Chair, Fifth Planning District Commission, advised that the partnership should include all of the nine localities currently participating in the Fifth Planning District Commission, with the role of the Fifth PDC to take a study approach and proposed the establishment of a Steering Committee of the Fifth Planning District Commission which would consist of two representatives from each locality participating in the Fifth PDC. He explained that the Steering Committee would help to determine whether the Fifth Planning District Commission, aa it ia presently constituted, would be the best entity to operate as a partnership, or whether representation should be expanded and, in effect, create a separate entity as the partnership, with the Fifth Planning District Commission providing administrative and/or support services. Mr. Ritchie advised that City staff is currently reviewing the matter and will submit a recommendation to Council at a later date. 160 No action was taken, and Chairman Johnson advised that Roanoke County and Roanoke City officials would be in contact with the Fifth Planning District Commission. At this point, 1:40 p.m., Mr. White left the moaUng. HABITAT FOR HUMANITY: The Mayor advised that Habitat for Humanity performs a groat service for the community, additional housing is proposed to be constructed off of Tenth Street, N. W., and Roanoke City continues to ask other jurisdictions in the Roanoke Valley to join in the sharing of affordable housing. He stated that Roanoke City wishes to do its sharo and to maintain a pm-active approach to building upper and middle income housing in order to provide a good mix in the community, which ia a worthy goal for Roanoke County as well, and requested that Roanoke County support the goals of Habitat for Humanity within Roanoke County's jurisdiction. Mr. Minnix advised that several acres in his magisterial district, the Cave Spring Magisterial District, sro being developed for that purpose; however, access to the property has caused a delay. He noted that water and sewer tapping fees prohibit development in Roanoke County, the County is in the process of updating its Comprehensive Plan, and one of the key elements will be housing. At this point, 1:50 p.m., Mr. Parrott left the meeting. TOURISM-TRAFFIC: Mr. Eddy explained that a Iow bend tourist radio system is an inexpensive radio transmitter located on major roads with highway signs advising motorists to tune in to a cs~tain frequency, the Virginia Deparb,ent of Transportation uses Iow ban tourist radio for advising motorists of construction delays, and the equipment is also used to promote tourism in some areas. He stated that there has bccn discussion with regard to installing the system on 1-81 and the Blue Ridge Parkway to advise leisure travellers of tourist attractions in the Roanoke area, and in t994, a survey was conducted by Virginia Polytechnic Institute and State University students at rest stops on 1-81 to determine if travellers would use the info¢ination from a Iow band radio station, and 75 per cent responded in the affirmative. He stated that the coat for four Iow band tourist radio transmitters, two on 1-81 and two on the Blue Ridge Parkway, would be in the range of $50,000.00, and inquired if Roanoke City, Roanoke County, the City of Salem, and the Roanoke Valley Convention and Visitors Bureau would be willing to appoint a committee to discuss the matter. With the approval of Council, the Mayor suggested that the matter be referred to the City Manager to discuss specifics of the system with David R. Gehr, Commissioner, Virginia Department of Transportation. 161 GREENWAY SYSTEM: Mr. Eddy advised that the Stafe of North Carolina has declared 1996 as the '~(ear of the Mountain," and programs have bccn instituted to preserve mountain scenery, particularly viswsheds along the Blue Ridge Parkway. He stated that Roanoke County has b::cn involved in those efforts for the last several years with some successful developments, and viewshed protection will be a continuing and growing problem because the Parkway is a fragile asset to the area and throughout Virginia and North Carolina. He added that North Carolina has requested $1.0 million per year in Intermodal Surface Transportation Efficiency Act (ISTEA) funds for the next five years to purchase land adjacent to the Blue Ridge Parkway for viewshed protection, and, in addition, the State has initiated a private fund-raising program by establishing a State-wide organization and a trust that will accept donations for the purchase of land which has been identified by Blue Ridge Parkway officials as being avaiisble for sale. He spoke in support of organizing the same type of program on a State-wide basis in Virginia. Mayor Bowers requested more information on the program which he would circulate to the Members of Council for their information. FLOOD REDUCTION/CONTROL: Vice-Mayor Wyatt advised that the City is considering $9.0 million for flood control in Garden City. She called attention to a 90-house development which is proposed to be constructed in Roanoke County on the outskirts of the City limits near the Garden City aras, and expressed concern that water from the housing development will go down a gulch and into s small branch that leads into the main tributary through Garden City. She stated that developers ara meeting flood control guidelines; however, the cumulative effect in the Roanoke Valley must be taken into consideration, and serious study should be given to flood control requirements for new housing developments. She stressed that flood control should be reviewed regionally. Upon request, the City Attorney advised that he would research the legal implications, if any, for downstream areas based on upstream development. It was the consensus of both bodies that respective staff would present a briefing on the matter at the next quarterly meeting. CABLE TELEVISION: Mr. Harris called attention to the number of citizens who watch RVTV Channel 3, Government Access Channel, and suggested that the two governing bodies explore the feasibility of more community relations and educational type programming. 162 Dr. Nickens suggested that new Council Members and Board Members be provided with a briefing on available programming on the Government Access Channel, and that proposed program additions and/or changes be forwarded to Mr. Parrott, Chairperson of the Regional Cable Television Committee. It was the consensus that Mr. Harris and Mr. Parrott would discuss expanded coverage with reprssenta~ves of the Roanoke County Board of Supervisors. There being no further business, the Mayor declared the mest]ng adjourned at 2:20 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 163 REGULAR WEEKLY SESSION ROANOKE CiTY COUNCIL July 15, 1996 12:30 p. m. The Council of the City of Roanoke met in regular =ion in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, July 15, 1996, at 12:30 p. m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Rep_ulsr Meetin_us. of Section 2-15, Rules of Procedure. Code of the City of Roanoke (1979), as amended. PRESENT: Council Members John H. Perrott, Carroll E. Swain, James O. Trout, Linde F. Wyatt, C. Nelson Harris 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. Grieso, Director of Finance; and Mary F. Parker, City Clerk. HUMAN DEVELOPMENT-PLANNING-YOUTH-SCHOOLS: Glenn D. Radcliffe, Director, Human Development, presented a briefing on the Comprehensive Services Act for At-Risk Youth and Families (CSA) which was enacted by the Virginia General Assembly in 1992. He explained that the Act created a collaborative interagency system of services and funding which is child-centered, family-focused and community-based when addressing the strengths and needs of troubled youth and their families. He further explained that the CSA required the consolidation of eight categorical funding streams from the Depa,bl~ente of Social Services, Education, Youth and Family Services and Mental Heslth/Mental Retardation and Substance Abuse Services into a State Funds Pool which is distributed on a family beels. He added that the purpose of the CSA is to provide greater flexibility in the use of these funds to purchase services based on the strengths and needs of youth and families and to place authority for making program and funding decisions at the community level. Mr. Radcliffe also presentmJ information with regard to mandated target population, funding formula, management structure, the referral process, a funding trends overview of Roanoke City CSA funding, 164 Comprehensive Services Trends, funding categories, case assessment, year-to-data expenditures comparison, and 1996 legislation impacting CSA. (See report on file in the City Clerk's Office.) HEARINGS OF CITIZENS UPON PUBLIC MATTERS: None. At 1:08 p. m., the Mayor declared the meeting in recess until 2:00 p. m. At 2:00 p. m., the regular meeting of Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 216 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding: PRESENT: Council Members John H. Parrott, Carroll E. Swain, James O. Trout, Linda F. Wyatt, C. Nelson Harris and Mayor David A. Bowers 6. ABSENT: Council Member William White, Sr.- OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attomey; James D. Grieso, Director of Finance; and Mary F. Parker, City Clerk. 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. CITY GOVERNMENT-PLANNING-DOWNTOWN ROANOKE, INCORPORATED-CONVENTION AND VISITORS BUREAU-TOURISM- RAILSIDE LINEAR WALK-ECONOMIC DEVELOPMENT-ROANOKE NEIGHBORHOOD PARTNERSHIP-STATE OF THE CITY REPORTS: The Mayor presented his 1996 Sttata of the City Address announcing hie intention to hold three summits within the next six months; the first summit will be held on Wednesday, August 14, 1996, at Fitzpatrick Hall at the Jefferson Center and will be a general discussion entitled, "Community Voica/Listaning to Roanoke"; the second summit, which is proposed to convene in the fall on Mill Mountain, will specifically deal with improvements to Mill Mountain, set for the Year 2000 and beyond, 165 and will also address certain additional environmental issues, such as mountain vlswshed protection; and the third summit, still in the preliminary planning stages, will involve discussion of youth activitlss and youth crimes. The Mayor proposed that Council set a course on the following three additional areas of improvement and civic betterment for the Roanoke community: First, the City should continue to be more responsive to citizens in their neighborhoods; the Council referred to the City Manager for recommendation the proposed "citizens' center" whereby citizens may contact their local government more easily, and receive a moro proper response when individual and neighborhood matters need to be addressed; the previous Council referred to the City Manager a reclusst that specific funding be allocated for each year for sidewalk, curb, and gutter improvements throughout the City; and Council must report to its citizens in Garden City the improvements made in regards to flood control thus far, and a timetable as to completion of major improvements in the future. The Mayor further proposed that the City begin a Pilot Street Scape Improvement Program in the historic neighborhoods of Gainsboro and Old Southwest, and direct the City Manager to implement a block-by-block, tan-yesr program designed to return those neighborhoods to a more historic look, by improving sidewalks, providing street benches and new street lantems, and burying utility lines. Secondly, he advised that the downtown area is so unique, vibrant, and successful that other cities want to model their downtown efforts after Roanoke's, therefore, he stated that he looks forward to the report of Outlook Downtown Roanoke, and suggested that Council direct the City Manager to report as to how the City can be involved in improvements to the warehouse row district; with completion of the Railwalk and the Transportation Museum improvements in approximately 18 months, it will be prudent and economically successful for the City to assist landowners in the warehouse row district with needed street scape, parking lot, and facade improvements; the City needs to direct its attention to the "North Gate" entranceway along Williamson Road; it is important to connect the Roanoke Civic Center to the Hotel Roanoke and Conference Center and the Market Area, and submitted that it is time for the City to tear down the remaining portion of the viaduct and improve the Williamson Road bridge, which should be a beautiful approach to downtown, and the City should work with landowners in the northeast section of the City Market area by encouraging them to improve the vacant and somewhat 166 ACTION: dilapidated buildings in that portion of the historic market area, which is the north gateway area to the market, and is in view of thousands of travelers along Interstate 81. With regards to downtown, the Mayor advised that the City should continue to give Senator Edwards the utmost support in his efforts to bring the graduate center to the downtown Roanoke area, and there should be continuing discussions with Norfolk Southern regarding re-uss of their downtown properties. Thirdly, the Mayor pointed out that the City of Roanoke should be commended for its efforts at providing approximately 72 percent of the income for the Roanoke Convention and Visitors Bureau. He added that many citizens in other communities would say that is appropriate, since moat of the hotels and restaurants operate within the City of Roanoke; however, he submitted that many of the employees, owners, and managers of those hotels and restaurants, who derive their paycheck from within the City of Roanoke, live in jurisdictions outside of the City, which is why it is important for the City, in the spirit of regional cooperation, to ask other valley governments and corporations to assist in promoting tourism and convention business within the region. (For full text, see State of the City Report on file in the City Clerk's Office.) The Mayors' 1996 State of the City Report wes referred to the City Manager for report and recommendation to Council. R .ACTS OF ACKNOWLEDGEMENT: On. behalf of the City. of oanoKe, the Mayor recognized the recent hero,c rescue efforts of MIss Kristan L. Simpson. He explained that Miss Simnson followed directions when she pulled a Scout leader an'd Cadet out of-s-t~-~; currents during a tubing trip down the Roanoke River. He presented Miss Simpson with the City's pewter cup as a token of appreciation for her outstanding deed. 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 fo,,,s, listed on the Consent Agenda, and if discussion was desired, that item would be 167 ACTION: ACTION: removed from the Consent Agenda and considered ssparetely. He called specific attention to a request for an Executive Session to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by Council. MINUTES: Minutes of the regular meetings of Council held on Monday, April 1, 1996, and Monday, April 15, 1996; City Council's public hearing on the Modified Ward System held on Monday, April 22, 1996; Public Interviews of School Board Applicants held on Thursday, April 25, 1996; and City Council's budget public hearing held on Monday, April 29, 1996, were before the body. (For full text, sea Minutes on file in the City Clerk's Ofl~ce.) Mr. Trout moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, Wyatt, Harris and Mayor Bowers 6. NAYS: None 0. (Council Member White was absenL) COMMII-I'EES-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 the Council, pursuant to Section 2.1-344 (A)(t), Code of Virginia (1950), as amended, was before the body. (For full text, sea communication on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, beards, commissions and committees appointed by the 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: 168 ACTION: AYES: Council Members Parrott, Swain, Trout, Wyatt, Harris and Mayor Bowam 6. J I NAYS: Non.-' 0. (Council Member White was absent.) CONV..ENTION AND VISITORS BUREAU-TOURISM: A communication from Mayor David A. Bowers with regard to the future direction of the Roanoke Valley Convention and Visitors Bureau in light of the recent resignation of its Executive Director, was before Council. The Mayor pointed out that Roanoke City Council provided $500,000.00 of the $694,483.00 budget for year t996-97 for the Convention and Visitor's Bureau, which, represents 72 per cent of the budget; the entire region should be spending more on the development of tourism, since the statistics indicate that the City has been successful with its investment thus far; tourism is up and convention business has doubled, and the estimate of dollare spent by visitors has tripled in the last four years; and since the City's contribution to the Convention Bureau is extremely significant, and given the rumors and innuen.d, oss regarding the Executive Director's resignation, and the direction of the Burea.u., it would be prudent for the Members of ! Council to request that the C,ty Manager investigate the situation and report back to Council accordingly. (For full text, see communication on file in the City Clerk's Office.) Mr. Trout moved that the matter be referred to the City Manager for review and report to Council within 60 days. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, Wyatt, Harris and Mayor Bowers ,, C. NAYS: None (Council Member White was absent.) i 169 COMMITTEES-OATHS. OF OFFICE-HOUSiNGIAUTHORI.TY: A I communication from C. ou. nc,I Member..James O. Trout tendenng his resignation as a Commmmoner of the City of Roanoke Red. evelopment and Housing Authority Board of Commissionem, effective ~mmedistely, ACTION: ACTION: was before Council. (For full text, see communication on file in Ute City Clerk's Office.) Mr. Trout moved that the communication be received and filed and that the resignation be accepted. The motion was seconded by Mr. Perrott and adopted by the following vote: AYES: Council Members Parmtt, Swain, Trout, Wyatt, Harris and Mayor Bowers 6. 0. NAYS: None (Council Member White was absent.) COMMITTEES-OATHS OF OFFICE-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: A communication from Council Member William White, Sr., tendering hie resignation as a Commissioner of the Hotel Roanoke Conference Center Commission, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Trout moved that the communication be received and filed and that the resignation be accepted. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, Wyatt, Harris and Mayor Boware 6. NAYS: None 0. (Council Member White was absent.) HEARING OF CITIZENS UPON PUBLIC MAI-rERS: 170 ACTION: · REGIONAL CHAMBER OF COMMERCE: Robert W. Glenn, Jr., Cha,rperson, Roanoke Regional Chamber of Commerce, addressed Council with regard to developing better communications between City Council Members, City Staff, and the Business Community. He advised that the Chamber of Commerce wishes to be more involved with local government, and asked that the City utilize task-specific "solution teams", comprised of knowledgeable business people, to help the City Administration find new ideas, gather information, and make recommendations on issues facing the City. He stated that the Regional Chamber has expanded its Board of Directors to include representetivee from all Chambers throughout the region together with representatives from Virginia Tech, Downtown Roanoke, The New Century Council, The Roanoke Valley Economic Development Partnership, and the Roanoke Valley Convention and Visitors Bureau; a legislative coalition has bccn formed including the majority of Chambers of Commerce in Southwest Virginia; a major part of the Chamber's resources is devoted to supporting small business interests and needs; and the Board of Directors will be requested to approve plans to develop a local issues agenda to enable the regional business community to identify issues of importance. (For full text, see statement on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the remarks of Mr. Glenn would be received and filed. OTHER HEARINGS OF CITIZENS: Nons. PETITIONS AND COMMUNICATIONS: BUDGET-PARKS AND RECREATION-CMERP-FLEET MAINTENANCE FUND-SCHOOLS-EQUIPMENT: A communication from the Roanoke City School Board requesting appropriation of $50,000.00 from the fiscal year 1996-97 Capital Maintenance and Equipment Replacement Program for procurement of two lawn mowing tractors by the Parks and Recreation Department, in accordance with the contract between the Schools and the Parks and Recreation Department, was before the body. 171 ACTION: 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 communication and report on file in the City Clerk's Office.) Me. Wyatt offered the fuilowing emergency budget ordinance: (#33035-071596) AN ORDINANCE to amend and reordain certain sections of the 1996-97 General and Fleet Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 5.) Ms. Wyatt moved the adoption of Ordinance No. 33035-071596. The motion was eeconded by Mr. Trout and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, Wyatt, Harris and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: HEALTH DEPARTMENT-INSURANCE-HUMAN DEVELOPMENT- Y.M.C.A.-Y.W.C.A.-HOUSING/AUTHORITY.-PLANNING-TOTAL ACTION AGAINST POVERTY-.GRANTS-FDETC-WEST END CENTER-YOUTH- BLUE RIDGE COMMUNITY SERVICES-DiSABlED PERSONS- ECONOMIC DEVELOPMENT-SCHOOLS-ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager submitted a written report advising that as a part of the U. S. Department of Housing and Urban Development Entitlement Consolidated Plan application, approved by Council pureuant to Resolution No. 32939-051396, adopted May 13, 1996, Council authorized the following grants: 172 Fifth District Emolovment and Trainin_u Consortium Opportunity Knocks - $16,618.00 Operation Bootstrap - $8,466.00 Business Training Initiative - Part 1 - $30,000.00 Business Training Initiative - Part2 - $19,941.00 Total Action A_aainst Poverty_ Customized Job Training - $25,500.00 Roanoke Ci~ Health De_~art~nt Resource Mothers - $21,700.00 Adult Care Center, Inc. Adult Care Center - $2,400.00 Blue Ridne Independent Livin_u Center Empowering Individuals with Disabilities o $26,600.00 ApDle Rida_e Farms. Inc. Expanding Horizons - $24,000.00 West End Center for Youth West End Center Program Expansion - $68,461.00 173 Blue Ridu_e Small Business Develo_Dment Center Neighborhood Business Development Program . $20,000.00 Junior Leau_ ue of Roanoke Valley Project HOPE After-School Day Care Program - $20,000.00 Family Service of Roanoke Valley Teen Outreach Program (TOP) - $1,500.00 YMCA of Roanoke Valley - Family Center Youth Achievers Outreach - $t5,000.00 Blue Ridoe Community_ Services Prevent]on Plus Youth Clubs - $3,000.00 Vi~inia Skyline Girl Scout Council. Inc. Scouting Early Leads to the Futura (SELF) - $9,500.00 YWCA of Roanoke Valley YWCA - Youth Club - $12,600.00 It was further advised that the proposed projects will provide public service, employment training, services to the disabled, direct economic development assistance, neighborhood improvements and planning activities; and administrative agreements are necessary for funds to be obligated to the abovedsscrlbed projects. 174 ACTION: The City Manager recommended that he, or the Assistant City Manager, be authorized to execute and attest, rsspectively, the CDBG agreements and amendments thereto, if necessary, with the abovereferenced agencies, approved as to form by the City Attorney, within the limits of funds set forth in the report for the purposes specified herein. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (~33036-071596) A RESOLUTION authorizing the City Manager to execute administrative agreements and any necessary amendments thereto with fourteen ssperata agencies for implementation of various Community Development Block Grant programs. (For full text of Resolution, see Resolution Book No. 59, page 6.) Mr. Parrott moved the adoption of Resolution No. 33036-071596. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, Wyatt, Harris and Mayor Bowers. C. NAYS: None 0. (Council Member White was absent.) Kathryn R. Hale, Executive Director, West End Center, Inc., expressed appreciation to the City for its financial and moral support by helping the West End Center to continue its outreach program and facility to serve the nc.-ds of Roanoke City youth. She advised that the West End Center has received a $68,500.00 Community Development Block Grant to purchase a building across the street from its present location on Patterson Avenue, S. W., known as the former Landis building, and the West End Center will fund renovations to the facility. She explained that the owner will accept no less than $79,000.00 for the building, although the City's appraised value is $83,500.00, and requested that Council review Community Development Block Grant reserve funds and consider an additional appropriation of $11,000.00 to be used toward purchase of the former Landis building. 175 Mr. Swain inquired if mechanisms ara in place to monitor or evaluate programs which ara awarded funds through Community Development Block Grant monies, particularly those programs over $20,000.00; wheraupon, the City Manager advised that the City has a full monitoring staff as raquirad by Federal guidelines, and the City ia monitored by the Federal Government on an annual basis. He stated that Roanoke's grants monitoring office ia used as a State-wide example for other jurisdictions that receive entitlement funds, and invited Mr. Swain to visit the Grants Compliance Office for a detailed praeentatlon by staff. Without objection by Council, the Mayor advised that the request of Ma. Hale on behalf of the West End Center Inc., for an additlonsl $11,000.00 in Community Development Block Grant reserve funds to be used toward purchase of the former Landis building would be raferred to the City Manager for raport to Council within 30 days. CITY CODE-PARKS AND RECREATION-ARMORY/STADIUM-FEE COMPENDIUM: The City Manager submitted a written raport advising that rates and charges for Victory Stadium usage ara prescribed by Council; the Parks and Recraation Department is striving to incraeee usage of Victory Stadium, theraby broadening recraational opportunities for aras rasidente; timing for certain opportunities is such that a Council raport for an exception for a rantal rate cannot be prepared, circulated, and approved in a timely manner to enable a promotor to schedule an event once negotiations have been compisted; and the Civic Center Manager has been given authority to vary fees and charges and negotiate contracts for events held at the Roanoke Civic Center. The City Manager racommended that Council amend the City Code by adding subsection(c) to Section 24-90 to authorize the City Manager, or his designee, to negotiate contracts and to modify fees charged for usage of Victory Stadium so long as fees for an event meet or exceed the City's projected diract costa for said event. (For full text, see raport on file in the City Clerk's Office.) Mr. Parrott offerad the following emergency ordinance: (~33037-071596) AN ORDINANCE amending and reordaining Sec. 24-90, Chames for private use of recraatlon buildinas or facilities, of Article IV, parks, of Chapter 24, Public Buildina_s. Pro_eerty Generally, 176 ACTION: of the Code of the City of Roanoke (1979), as amended, by the addition of new subsection (c) to provide for authority of the City Manager to negotiate contracts and modify fees charged for usage of Victory Stadium; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 7.) Mr. Parrott moved the adoption of Ordinance No. 33037-071596. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, Wyatt, Harris and Mayor Bowers .. NAYS: None (Council Member White was absenL) BUDGET-TRAFFIC-CAPITAL IMPROVEMENTS PROGRAM- STREETS AND ALLEYS: The City Manager submitted s written report advising that the Capital Improvement Program (CIP) for fiscal years 1996-2000 was endorsed by Council on August 8, 1994, which included $300,000.00 for replacement of traffic signal controllers and other related components; and on November 8, 1994, voters approved a $23.0 million general obligation bond issue which included the $300,000.00 for traffic signal controller replacements. It was further advised that twenty (20) signalized intersections presently need controller replacement, at an average cost per intersection of $t 5,000.00 for materials and equipment, as follows: Williamson Road, N. WJN. E. (north of Orange Avenue and south of Hershbsrger Road) - 12 intersections. 9th Street, S. E. (at Jamison Avenue and at Bullitt Avenue) - 2 intersections. 13th Street & Patterson Avenue, S. W. - I intersection. 177 ACTION: 24th Street, N. W. ( at Shenandoah Avenue, at Salem Turnpike, at Melrose Avenue as wall as lafayette Boulevard at Melrose Avenue) - 4 intersections. Peters Creek Road & Hershberger Road, N. W. - 1 intersection. The City Manager recommended that Council authorize transfer of $300,000.00 flom Account No. 008-052-970t-9t9t (Series 1996 Public Improvement Bonds - Streets and Sidewalks) to · new account in the Capital Projects Fund entitled, "Traffic Signals - Replacement'', for expenses related to traffic signal controller replacement. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~33038-071596) AN ORDINANCE to amend and reordain certain sections of the t996-97 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 8.) Mr. Parrott moved the adoption of Ordinance No. 33038-071596. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, Wyatt, Harris and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) BRIDGES-CHURCH AVENUE PARKING GARAGE-WILLIAMSON ROAD PARKING GARAGE-FIRST UNION NATIONAL BANK- CONSULTANTS REPORTS-MARKET SQUARE PARKING GARAGE: The City Manager submitted a written report advising that the t978 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; Supplementary Bridge Inspection Reports ars required on 64 structures in the City of Roanoke this year, 178 with 41 structures being inspected annually while 23 structures are inspected biannually; the Federal Highway Adminiatretion has established a new requirement that overhead sign structures are to be inspected, and t5 such structures exist within the City; and inspection of four parking structures are required, two every four years and two every two years, by prudent engineering practices. It was further advised that Engineering Services Qualification Propossls for the necessary technical inspection and reports were publicly advertised and received from the following firms: Dewberry & Davis; Finkbeiner, Pettis & Strout, Inc.; Hayes, Seey, Mattsrn & Mattem, Inc.; and Mattem & Craig, Inc.; interviews were held with three qualified firms; complexity of bridge inspections again led City steff to select two qualified firms to complete two portions of the work; and negotiations were conducted with the two most qualified firms, Hayes, Seay, Mattem & Mattem, Inc. and Mattem & Craig, Inc., for the necessary technical inspections and reports. The City Manager recommended that Council concur in the following actions: award three year engineering services agreements, in a form to be approved by the City Attomey, to Hayes, Seay, Mattem & Mattem, Inc., and Mattsm & Craig, Inc., in the amounts of $73,053.00 and $69,500.00, respectively, for the first year (1996); year two (1997) and year three (1998) shall be negotiated with Hayes, Seay, Mattem & Mattem, Inc., and Mattem & Craig, Inc., according to work of scope for that year; funding is available for the first year contracts in the FY 1996-97 Adopted Budget, as follows: Hayes. Sea_v. Mattem & Mattem. In¢ : 36 Bridge Inspections - Account No. 001-052-4310-3072 $55,551.00 Four Parking Garages 0.00 179 ACTION: Williamaon Road - Account No. 007-056-8205-2050 $3,889.00 Church Avenue-Account No. 007-056-8220-2050 4,381.00 Market Square - Account No. 007-056-8215-2050 3,398.00 First Union - Account No. 007-056-8225-2050 5.834.00 Subtotal Parking Garages 17,502.00 Total Contract Amount $73.053.00 Mattarn & Crai_a. Inc..: 15 Overhead Sign Inspections and 28 Bridge Inspections Account No. 001-052-4310-3072 Total Contract Amount $69.500.00 (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (~33039-071596) A RESOLUTION authorizing the City Manager to enter into three (3) year engineering services contracts with certain engineering firms providing for the performance of certain bridge, overhead sign, and parking garage inspection services. (For full taxt of Resolution, see Resolution Book No. 59, page 9.) Mr. Swain moved the adoption of Resolution No. 33039-071596. The motion was seconded by Mr. Harris and adopted by the following vote: 180 AYES: Council Members Parrot'(, Swain, Trout, Wyatt, Harris and Mayor Bowers ~ NAYS: Non= 0. '1 (Council Member White was absent.) FIRE DEPARTMENT-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the cccd to purchase one new fire aerial apparatus; specifications ware developed and sent with a request for bids, and six responses were received; and bid evaluations determined that all responses took substantial exceptions to the specifications which cannot be waived as informalities. The City Manager recommended that he be authorized to reject all bids for fire aerial apparatus, to revise specifications, and to readvertise for bids. ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#33040-071596) A RESOLUTION rejecting all bids for Fire Aerial Apparatus. (For full text of Resolution, see Resolution Book No. 59, page 10.) Mr. Swain moved the adoption of Resolution No. 33040-071596. The motion was seconded by Mr. Parrott and adopted by the following vote: Mayor Bowars NAYS: Non= (Council Member White was absent.) AYES: Council Members Par~ott, Swain, Trout, Wyatt, Harris and C. 181 DIRECTOR OF FINANCE: BUDGET-SEWERS AND STORM DRAINS-CITY NURSING HOME- ROANOKE CIVIC CENTER-HOTEL ROANOKE CONFERENCE CENTER- VIRGINIA TECH-UTILITY LINE SERVICES-MANAGEMENT AND BUDGET-CITY INFORMATION SYSTEMS-TRANSPORTATION FUND- FLEET MAINTENANCE FUND-RISK MANAGEMENT FUND-SCHOOLS- WATER RESOURCES: The Director of Finance submitted a written report advising that at the close of fiscal year 1996, budget funds were obligated for outstanding encumbrances; purchase orders or contracts were issued for goods and services as of the close of fiscal year 1995, but delivery of goods or performance of services had not bccn completed; and reappropriation carries forward unspent budget funds that were originally appropriated and are conbactually obligated for goods and services. Appropriation amounts are as follows: General Fund Open Encumbrances $ 1.510.339.00 Water Fund Open Encumbrances Sewage Fund Open Encumbrances Civic Center Fund Open Encumbrances $ 38.404.00 Transportation Fund Open Encumbrances Nursing Home Fund Open Encumbrances Hotel Roanoke Conference Center Fund Open Encumbrances City Information Systems Fund Open Encumbrances 182 ACTION: Materials Control Fund Open Encumbrances S 30.00 Management Services Fund Open Encumbrances $ 5.756.00 Utility Line Services Fund Open Encumbrances Fleet Management Fund Open Encumbrances $ 754.464.00 Risk Management Fund Open Encumbrances School Fund Open Encumbrances s .878.70 .00 The Director of Finance recommended that Council appropriate the abovedescribed funds to the current year budget in order that encumbrances may be properly liquidated. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (~33041-071596) AN ORDINANCE to amend and reordain certain sections of the 1996-97 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 11.) Mr. Harris moved the adoption of Ordinance No. 33041-071696. The motion was seconded by Mr. Parrott and adopted by the following vote: Mayor Bowers NAYS: None (Council Member White was absent.) AYES: Council Members Parrott, Swain, Trout, Wyatt, Harris and 6. 183 ACTION: ACTION: Mr. Parrott offered the following emergency budget ordinance: (~33042-071596) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 23.) Mr. Parrott moved the adoption of Ordinance No. 33042-071596. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Member~ Parrott, Swein, Trout, Wyatt, Harris and 6. Mayor Bower~ NAYS: None 0. (Council Member White was absent.) Mr. Swain offered the following emergency budget ordinance: (~33043-071596) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Sewege Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 24.) Mr. Swain moved Ute adoption of Ordinance No. 33043-071596. The motion wes seconded by Mr. Trout and adopted by the following vote: Mayor Bowere NAYS: None (Council Member White was absent.) AYES: Council Member~ Parrott, Swein, Trout, Wyatt, Harris and 6. 184 ACTION: Mr. Trout offered the following emergency budget ordinance: (#33044-071596) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Civic Canter Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 26.) Mr. Trout moved the adoption of Ordinance No. 33044-071596. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, Wyatt, Harris and Mayor Bowers 6. NAYS: Nono 0. ACTION: (Council Member White was absent.) Ms. Wyatt offered the following emergency budget ordinance: (#33045-071596) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Transportation Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 27.) Ma. Wyatt moved the adoption of Ordinance No. 33045-071596. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, Wyatt, Harris and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) 185 ACTION: ACTION: Mr. Harris offered the following emergency budget ordinance: (~33046-071696) AN ORDINANCE to amend and reordain certain eectione of the 1996-97 Nursing Home Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 27.) Mr. Harris moved the adoption of Ordinance No. 33046-071596. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, Wyatt, Harris and 6. Mayor Bowers NAYS: None 0. (Council Member White was absent.) Mr. Parrott offered the following emergency budget ordinance: (~33047-071596) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Hotel Roanoke Conference Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 69, page 28.) Mr. Parrott moved the adoption of Ordinance No. 33047-071596. The motion was seconded by Mr. Swain and adopted by the following vote: Mayor Bowers NAYS: None (Council Member White was absent.) AYES: Council Members Pawott, Swain, Trout, Wyatt, Harris and 6. e 186 ACTION: ACTION: Mr. Swain offered the following emergency budget ordinance: (*~33048-07t596) AN ORDINANCE to amend and reordain certain sections oftbe 1996-97 City Information Systems Fund Appropriationa, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 29.) Mr. Swain moved the adoption of Ordinance No. 33048-071596. The motion was aeconded by Mr. Trout and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, Wyatt, Harris and 6. Mayor Bowers NAYS: None (Council Member Wltite was abeenL) Mr. Trout offered the following emergency budget ordinance: (~/33049-071596) AN ORDINANCE to amend and reordain certain sectiona of the 1996-97 Materials Control Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. $9, page 31.) Mr. Trout moved the adoption of Ordinance No. 33049-071596. The motion waa seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, Wyatt, Harris and Mayor Bowers 6. NAYS: Nono O. (Council Member Wltite was absent.) 187 ACTION: ACTION: Ms. Wyatt offered the following emergency budget ordinance: (~33050.071596) AN ORDINANCE to emend and reordain certain sections of the 1996-97 Menegement Services Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, pege 31.) Ma. Wyatt moved the adoption of Ordinance No. 33050-071596. The motion was seconded by Mr. Harria and adopted by the following vote: AYES: Council Msmbere Parrott, Swain, Trout, Wyatt, Harrie and 6. Mayor Beware NAYS: None 0. (Council Member White was absent.) Mr. Harris offered the following emergency budget ordinance: (~3305t-071596) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Utility Line Services Fund Appropriations, and providing for an emergency. (For full text of Ordinence, see Ordinance Book No. 59, pege 32.) Mr. Harris moved the adoption of Ordinance No. 33051-071596. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Msmbere Swain, Trout, Wyatt, Harris and Mayor NAYS: None 0. (Council Member White was absent.) (Council Member Parrott abeteinsd from voting.) 188 ACTION: ACTION: Mr. Parrott offered the following emergency budget ordinance: (~33052-07t596) AN ORDINANCE to amend and reerdain certain sections of the 1996-97 Fleet Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 34.) Mr. Parmtt moved the adoption of Ordinance No. 33052.071596. The motion wes seconded by Mr. Swein and adopted by the following vote: Mayor Bowers NAYS: None (Council Member White was absent.) AYES: Council Members Parrott, Swein, Trout, Wyatt, Harris and 6. Om Mr. Swain offered the following emergency budget ordinance: (~33053-071596) AN ORDINANCE to amend and reo .rd.a!n certain. sections of the 1996-97 Risk Management Fund Appropriations, an(I providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 69, page 35.) Mr. Swain moved the adoption of Ordinance No. 33053-071596. The motion wes seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Parrott, Swein, Trout, Wyatt, Harris and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) 189 Mr. Trout offered the following emergency budget ordinance: I (#33054-071596) AN ORDINANCE to amend and reordain certain sections of the 1996-97 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 36.) ACTION: Mr. Trout moved the adoption of Ordinance No. 330544)71596. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Membsm Parrott, Swain, Trout, Wyatt, Harris and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) REPORTS OF COMMII'I'EES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: HEALTH DEPARTMENT-CITY PROPERTY-LEASES-WATER RESOURCES: Ordinance No. 33029 authorizing a lease agreement with the State Depa,;,,ent of Health for the Health Center located on the southwest comer of Campbell Avenue and Eighth Street, S. W., for a five-year term beginning July 1, t996 and ending June 30, 2001, at a total lease fee of $475,000.00, upon such terms and conditions as mom particularly described in a report to Council from the Water Resources Committee dated July 1, 1996, having previously been before the Council for its first reading on Monday, July t, 1996, 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: (~33029-071596) AN ORDINANCE authorizing the lease of certein City-owned property to the State Depa, (,,,ent of Health, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 59, page 1.) 190 ACTION: ACTION: Ms. Wyatt moved the adoption of Ordinance No. 33029-071596. The motion wes seconded by Mr. Harris and adopted by the following vote: AYES: Council Membere Parrott, Swain, Trout, Wyatt, Harris and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) BUILDINGS/BUILDING DEPARTMENT-INSURANCE-CITY PROPERTY-SPECIAL PERMITS-WATER RESOURCES-AIR RIGHTS: Ordinance No. 33034 granting permission to BHar Oak Investment, L.LC., and its grantees, assignees, or successors in interest, of property bearing Official Tax Nos. 4010309, 4010311 and 4010313, otherwise known as 15 East Salem Avenue, within the City of Roanoke, to permit an encroachment of approximately 4 1/2 inches of the building facade of an existing structure into City right-of-wey and airapace above the right-of-way, as more fully described in a report to the Water Res°urcss C~mmi"t"tee' dated Ju'!Y 1' 1996' having previ°usly been before the Counc,I for ,ts fi~t reading.on Monday, July t, 1996, read and adopted .on its first reading and la,d .o. ver, wes agai.n, before the body, Mr. Hams offering the following for ~te second read,ng and final adoption: (~33034-07t596) AN ORDINANCE granting a conditional permit for a facade of an existing structure encroaching over and into the right-of-way and airepece of approximately 4 1/2 inches along the front of the building located at 15 East Salem Avenue, Official Tax Nos. 4010309, 4010311 and 4010313, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 59, page 1.) Mr. Harris moved the adoption of Ordinance No. 330344)71596. The motion was seconded by Mr. Swein and adopted by the following vote: 191 ACTION: AYES: Council Members Parrott, Swain, Trout, Wyatt, Harris and Mayor Bowers 6. NAYS: None-. O. (Council Member White was absent.) CITY COUNCIL-SCHOOLS: Mr. Harris offered the following resolution changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:30 p. m., on Monday, August 5, 1996 to 12:00 noon on Monday, August 5, 1996, in Coulter Hall, at William Fleming High School, 3649 Ferncliff Avenue, N. W., City of Roanoke: (tt33055-071596) A RESOLUTION changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:30 p. m., on Monday, August 5, 1996. (For full text of Resolution, see Resolution Book No. 59, page 44.) Mr. Harris moved the adoption of Resolution No. 33055-071596. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, Wyatt, Harris and Mayor Bowers C. NAYS: Nono. 0. (Council Member White was absent.) CITY COUNCIL-ROANOKE NEIGHBORHOOD PARTNERSHIP: Ms. Wyatt offered the following resolution authorizing appointment of a Council Member as a non-voting liaison between City Council and the Roanoke Neighborhood Partnership Steering Committee: (#33056-071596) A RESOLUTION authorizing the appointment of a Council member as a non-voting liaison between the City Council and the Roanoke Neighborhood Partnership Steering Committee, and appointing the Honorable C. Nelson Harris as the first such Council member liaison to the Steering Committee. (For full text of Resolution, see Resolution Book No. 59, page 45.) 192 ACTION: Ms. Wyatt moved the adoption of Resolution No. 33056-071596. The motion was seconded by Mr. Swain and adopted by the following vota: AYES: Council Membera Pawott, Swain, Trout, Wyatt, Harris 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: ELECTIONS-COMMITTEES-CITY COUNCIL: Vice-Mayor Wyatt inquired as to the status of appointment of the Task Fome to study the question of some form of modified ward system for electing City Council Membem; whereupon, the City Manager advised that he would provide Council with a status report. SEGREGATION/INTEGRATION-COMMITTEES: Mr. Swain inquired about the status of the Task Force on Community Relations; whereupon, the City Manager advised that the Task Force is in the process of organizing and it would be timely to provide Council with a status reporL The Mayor stated that it would be advantageous for the Task Force to meet with Council at a futura 12:30 p. m. Council session. Mr. Swain spoke in support of annual Council briefings by the Task Force. W'dhout objection by Council, the Mayor advised that the matter would be referred to the City Manager for report. BUSES-LEGISLATION-COMMITTEES: A communication from the Mayor advising that mass transit is critical to a large number of citizens of the Roanoke Valley; the Federal contribution to the operating expenses of Valley Metro has declined from $898,846.00 in fiscal year 1994 to $574,140.00 in the current fiscal year, with the Federal contribution to be phased out entirely in fiscal year t999; the City's subsidy to Valley Metro has increased from $397,645.00 in fiscal year 193 1994 to $833,628.00 in fiscal year 1997, with such subsidy being I estim, ated at $1,335,192.00 in fiscal year 1999, and it may not be pods,bis in the future to fund mass transit at current service levels from existing revenue sources. The Mayor further advised that at a joint meeting of Roanoke City Council and the Roanoke County Board of Supervisors on July 9, 1996, Roanoke County and the City agreed to once again seek new funding of mass transit from the 1997 Session of the General Assembly. The Mayor proposed appointment of a citizen committee, consisting of three citizens appointed by City Council and three citizens appointed by the Board of Supervisors, to review the need for mass transit, explore all funding sources, educate the public with regard to transportation issues and advocate the need for adequate maes transit funding before business and community gmupe and the General Assembly. (For full text, see communication on file in the City Clerk's Office.) HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 3:45 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 Mr. White. ACTION: COUNCIL: With respect to the Executive Session just concluded, Mr. Swain 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 wes convened were heard, discussed or considered by City Council. The motion wes seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, Wyatt, Harris and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) 194 ACTION: ACTION: COMMII'rEES-CITY COUNCIL-WATER RESOURCES: The Mayor advised that there is a vacancy on the Water Resources C. ommittes craated by expiration of the term of office of former Councd Member Elizabeth T. Bowies, and called for nominatione to fill the vacancy. Ms. Wyatt placed in nomination the name of William White, Sr.. There being no further nominations, Mr. White was elected as a member of the Water Resources Committee, fur a term ending June 30, 1998, by the following vote: FOR MR. WHITE: Council Members Parrott, Swain, Trout, Wyatt, Harris and Mayor Bowers $. (Council Member White was absent.) COMMITTEES-FIFTH PLANNING DISTRICT COMMISSION- DISABLED PERSONS: The Mayor advised that the three year term of office of Donna S. Norvelis as the City's representative to the Filth Planning District Disability Services Board expired on January 31, 1996, and called for nomioatione to fill the vacancy. MS. Wyatt placed in nomination the name of Donna S. Norvelle. There being no further nominatione, MS. Norveile was reappointed as the City's representative to the Fifth Planning District Disability Services Board, for a te.~ ending January 31, 1999, by the following vote: FOR MS. NORVELLE: Council Members Parrott, Swain, Trout, Wyatt, Harris and Mayor Bowers 6. (Council Member White was absent.) OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that there is a vacancy on the Youth Services Citizen Board created by expiration of the term of office of J. Mason Powall and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of James H. Smith. 195 There being no further nominations, Mr. Smith wes elected aa a I member of the Youth Services Citizen Board, for a three yeer term of office ending May 31, 1999, by the following vote: ACTION: FOR MR. SMITH: Council Members Pawott, Swein, Trout, Wyatt, Harris and Mayor Bowers 6. (Council Member White wes absent.) At 4:30 p. m., the Mayor declared the meeting in recess until 7:00 p. m. At 7:00 p. m., the Roanoke City Council meeting reconvened in the Council Chamber, fourlh floor of the Municipal Building, 2t 5 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding: PRESENT: Council Members John H. Swain, James O. Trout, Linda F. Wyatt, C. Mayor David A. Bowers Parrott, Carroll E. Nelson Harris and 6. ABSENT: Council Member William White, Sr. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting wes 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. HEARING OF CITIZENS UPON PUBLIC MATTERS: COMPLAINTS-PARKS AND RECREATION-NEIGHBORHOOD ORGANIZATIONS: Paula L. Prince, President, Old Southwest, Inc., advised that approximately one year ago, Old Southwest expressed a concern to John W. Coates, Manager, Department of Parks and Recreation, with regard to the removal of the bollards from along the roadway in Highland Park, and Old Southwest rspreeentattves were told that removal of the bollards was for safety reasons inasmuch as the ! 96 posts and cable bolisrds were dangerous and in poor condition. She stated that a study of altema, tive bolisrds wes supposedly in progress, ~ with replacement to occur in late summer of 1995, and until then, no parking signs would be erected along the bollardless roadway. She explained that it is now the summer of 1996 and no new bollarde have been installed along the roadway, and no perking signs have proven to be of no deterrent, with persons, including City workers, driving and perking on the grass, and there is evidence of drug and alcohol use and other undesirable uses in out-of-view places. She added that at a recent concert in Highland Park, over 100 care were illegally parked on the grass. She ststmJ that Old Southwest has worked with the City on beautification of the park, and expressed concern that all of the hard work and plans should not be destroyed for lack of adequate barriers to traffic and illegal perking. She pointed out that Highland Park is 100 years old and deserves better City stewardship than it is currently receiving, and requested that the proper City officials be instructed to replace the bollards as soon as possible. Ms. Polly A. Bixler, 502 Highland Avenue, S. W., called attention to vehicles perked on the top of the hill in Highland Park in connection with various sporting activities, and when the Police Depa~t,l,ent was called to investigate, no violations were enforced. She requested that measures be tsk_en within the next six months to prevent further detenoretion of Highland Park. Mr. Philip N. Morgan, 626 Walnut Avenue, S. W., reitsratsd the remarks of Ms. Prince and Ms. Bixler. Upon question, the City Manager advised that existing bollards were removed because they had deteriorated and no longer served as a barrier to Highland Park. He explained that the bollards competed for funding in the Capital Maintenance and Equipment Replacement Program (CMERP) last year; however, other park related matters received higher priority rankings. He stated that the CMERP has funded a number of improvements to Highland Park, the bollards need to be installed but the question ia availability of funds and how the bollards rank in order of priority with other items that Council will ultimately be requested to address. He noted that it is estimated that the bollarda will cost in the range of $15,000.00. 197 Ms. Joel M. Richert, 4t5 Allison Avenue, S. W., referred to information from the 1983 parks study showing improvements to Highland Park, and advised that Old Southwest was told that bollards would be installed on both side~ of the park. Mr. Max W. Matthews, 425 Walnut Avenue, S W., advised that considerable erosion has already taken place in Highland Park due to vehicular traffic. He called attention to illegal parking and numerous maintenance needs in the park. Following discussion of the request, Ms. Wyatt moved that the City Manager be instructed to identify funds, in the approximate amount of $15,000.00, for installation of bollards in Highland Park. The motion was seconded by Mr. Swain and adopted. Mr. Trout moved that Council affirm the decision of the Architacturel Review Board to deny a Certificate of Appropriateness for the demolition of the building located at 1422 Maple Avenue, S.W. The motion was seconded by Mr. Harris. Edward A. Natt, Attorney, representing Maple Avenue Associates, advised that in 1985 Maple Avenue Associates purchased the three lots, and the structure in question is located on the middle lot. He stated that when the property was purchased by his client, the historic district had not ~ccn established, and because extensive repairs are needed, it would be cost prohibitive to renovate the buildi.n.g. He advise? .that the g. arege has been ordered to be demohshed by the Building Comm~ssionsr, and it is the view of his client that both the house and the garage should be razed, therefor, the Building Commissioner was requested to refrain from taking any further action until the matter regarding demolition of the house could be resolved by Council. He reviewed the procedure required by the City Code prior to demolition of a structure in the historic district end requested that the procedure be expedited to enable his client to demolish the house at this time, inasmuch as the structure needs significant renovations amounting to approximately $40,000.00 for exterior repairs alone. Mr. Natt explained that in order to issue a Certificate of Appropriateness for demolition, it must be determined that: (1) loss of the structure would not be adverse to the historic district, and (2) demolition of the structure would not have an adverse effect on the character and surrounding environment of the historic district. He 198 silted that the house has two vacant lots, one on each side, which are not markeilble in their present condition, and submitild that loss of the structure would not be adveree to the historic district. He requested that a Certificate of Appropriailnass be awarded so that his client may cause the structure to be demoliahed. In clarification of historic district requirements, the City Attomey explained that the applicant is requesting that Council overturn the decision of the Architectural Review Board and order that a Certificate of Appropriateness for demolition be issued which would authorize demoli~on of the structure; however, if the petitioner does not prevail and if Council affirms the decision of the Architectural Review Board, the City Cede requires the petitioner to hold the fair market value of the property, which is in the assessed value of $40,000.00 - $55,000.00 on the open market for a period of five months, and at the end of the five months, if there is no buyer, the petitioner may demolish the structure. Mr. Tommy L. Dowdy, 1348 Maple Avenue, S. W., and owner of 1356 Maple Avenue, S. W., advised that Old Southwest Inc., wishes to prevent the demolition of structures in the historic district, and spoke in support of the recommendation of the Architectural Review Board to deny the Certificate of Appropriateness for demolition. Mr. Max W. Matthews, 425 Walnut Avenue, S. W., spoke in support of preserving structures in Old Southwest. He stated that the house at 1422 Maple Avenue is a contributing structure, not only to the immediate neighborhood and to the historic district in general, but to the City of Roanoke, and the structure should be and can be preserved. Kenneth L. Motley, Chairperson, Architectural Review Board, presented the recommendation of the ARB that Council affirm the decision of the Board to deny a Certificate of Appropriateness inasmuch as the building is a significant and unique architectural structure in the district and its loss would be adverse to the district, the streetecape, and the neighborhood, and there is no proposed use of the subject property. (For full text, see report on file in the City Clerk's Office.) Following discussion of the request, the motion to affirm the decision of the Architectural Review Board was adopted. 199 ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, July 15, 1996, at 7:00 p. m., or as soon thereafl~r as the matter may be heard, on the request of Charley Davis, that a certain 0.4??-acre tract of land lying on the north side of Route 24, west of F;;:.', Street and south of Bullitt Avenue, S. W., described as Official Tax Nos. 4013504, 4013505, 4013517, 4013520, 4013521, and a portion of Official Tax Nos. 4013515 and 4013516, 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. Legal advertisement of the public hearing was published in The ~ on Friday, June 28, 1996, and Friday, July 5, t996, and in the ~ on Thursday, July 4, 1996. (See publisher's affidavits 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 a tract of land containing a total of 0.4777 acres into a zoning district category that will permit commercial development; the proffered site plan indicates that the existing two-story residential structure fronting on Bullitt Avenue is to remain and that the proposed new commercial structure fronting on Route 24 will be used as a "general office building"; and specific commercial uses for which existing and proposed structures will be used is not identified in the petition, was before Council. The Planning Commission recommended denial of the request for rezoning, and advised that the proposed rezoning would encourage additional strip commercial along a major east/west thoroughfare in an area with limited sight distance. (For full text, see report on file in the City Clerk's Office.) 2O0 ACTION: Ms. Wyatt moved that the following ordinance be placed upon its first reading: "AN ORDINANCE to amend Sec. 36.1-3, Cede of the City of Roanoke (t979), 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." The motion was seconded by Mr. Swain. Edward A. Natt, Attomey, representing the petitioner, explained that the property has certain unique concems and issues that wars not fully addressed at the City Planning Commission hearing on July 3, 1996, and because of the lateness of the hour, his client had to leave the meeting before the matter was concluded. He stated that he could not make proffers in the absence of hie client; therefore, Mr. Natt rsqueeted that the matter be referred back to the City Planning Commission for further consideration and report to Council. Mr. ParTott offered, a subetitute mot]on that the matter be referred back to the City Plann,ng Commission for further study and report to -il Council. The motion was seconded by Mr. Swain and adopted. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, July 15, 1996, at 7:00 p. m., or as soon thereafter aa the matter may be heard, on the rsqueet of Douglas E. Caton that a portion of a certain tract of land located at Official Tax Nos. 7090506 and 7090501, fronting on Orange Avenue and King Street, N. E., be rezoned from C-2, General Commercial District and RS-3, Residential Singis-femily District, to RM-2, Residential Multifemily, 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 ~ on Friday, June 28, 1996, and Friday, July 5, 1996, and in the ~ on Thursday, July 4, 1996. (See publisher's affidavits on file in the City Clerk's Office.) 201 A report of the City Planning Commission advising that the purpose of the request for rezoning is to permit the construction of a 248 unit muM-family garden style apartment community on a 17.56 acre tract identified as a portion of Official Tax No. 7090506, which subject area is adjacent to Phase I and Phase II of existing Hickory Woods Apartments, was before Council. The Planning Commission recommended approval of the request for rezoning, and advised that the requested rezoning is a logical extension of the existing RM-2 zoning and is sensitive to the existing neighborhood character, as well as consistent with the City's comprehensive plan. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the fo#owing ordinance be placed upon its first reading: (#33057) AN ORDINANCE to amend Sec. 36.1-3, Code of the City of Roanoke (t979), as amended, and Sheet No. 709, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see file in the City Clerk's Office.) 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; whereupon, David C. Heischer, Attorney, representing the petitioner, advised that the concerns of residents have been resolved to the satisfaction of all Mr. and Mrs. Thomas C. Manns, 3334 King Street, N. E., and Ms. Virginia K. Rhodes, 3258 Richard Avenue, N. E., advised that their concems have been addressed; therefor, they withdrew their objections to the request for rezoning. Ordinance No. 33057 was adopted on its first reading by the following vote: 2O2 AYES: Council Members Parrott, Swain, Trout, Wyatt, Harris and Mayor Bowers ... ~. NAYS: Nono (Council Member White was abssnL) CITY CODE-ZONING-ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Clerk having advertised a public hearing for Monday, July 15, t996, at 7:00 p. m., or as soon thereafter as the matter may be heard, with regard to amendment and revision of Chapter 36.1, ~,9DJDG, Code of the City of Roanoke (1979), aa amended, to define outdoor storage, in order to eliminate a source of blight in older residential neighborhoods, the matter was before the body. Legal adver'dssment of the public hearing was published in ~ on Friday, June 28, 1996, and Friday, July 5, t996, and in the ~ on Thursday, July 4, 1996. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City .Planning Commission advising that the pu_rl .x..~......e of the proposed ord,nance ,mendment is to tighten the current definition of "outdoor storage" contained in the City's Zoning Ordinance; storage of diecerdod furniture, appliances, etc., on the front or rear porches or patios of residential structures is one of the most common "eyesores" reported by neighborhood groups as well as individual citizens; open storage of junk was cited among the top three eyesores reported by neighbo~ood organizations in a survey cond. ucted by the Roanoke Neighborhood Pa~'b,ership in 1994; eliminating eyesores and other blight is critical if Roanoke is going to be successful in attracting new investment and residents in the City's older rasidential neighborhoods; and Council was briefed on the need to amend the City's Zoning Ordinance to address this and other issues at a briefing which was conducted on June 12, 1995, was before be body. The Planning Commission recommended approval of the proposed amendment to the definition of outdoor storage. (For full text, see report on file in the City Clerk's Office.) 203 ACTION: Mr. Parrott moved that the following ordinance be placed upon its first reading: (#33058) AN ORDINANCE amending §36.t-25, Definitions, of Chapter 36.1, ~ZDJ[lg, of the Code of the City of Roanoke (1979), as amended, to defina outdoor storage. (For full text of Ordinance, see Ordinance Book No. 59, page 48. The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to address Council with regard to the recommended Zoning Ordinance amendment. There being none, Ordinance No. 33058 was adopted on its first reading by the following vote: AYES: Council Members Parrott, Swain, Trout, Wyatt, Harris and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) OTHER HEARINGS OF CITIZENS: None. There being no further business, the Mayor declared the meeUng adjourned at 8:t5 p. m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 204 ROANOKE CITY COUNCIL VISIONING WORKSHOP July 18 - 19, 1996 The Council of the City of Roanoke held a Visioning Workshop on Thursday, July 18, 1996, in the Monroe Room, The Hotel Roanoke & Conference Center, t10 Shenandoah Avenue, N. E., City of Roanoke, with Mayor David A. Bowers prssiding. PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linde F. Wyatt and Mayor David A. Bowers 7. ABSENT: None OTHERS PRESENT: Dr. Robert E. Metaon, Professor end Director for Leadership Development, University of Virginia; and Mary F. Parker, City Clerk. Following dinner an.d for the.remai.n, der of. the T.h. ursday evening s .e~si.o.n, Members of Council participated ,n a d~scuos,on ruth regard to certa,n I,fe experiences. COUNCIL: The Council continued its Visioning Workshot~ on Friday, Jul,, 19 1996, at 8:45 a.m., in the Monroe R.o. om, The Hotel Roanoke &~onferenc'~ Ce~lterl 110 Shenandoah Avenue, N. E., C~ty of Roanoke, with Mayor David A. Bowers presiding. PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linde F. Wyatt and Mayor David A. Bowers 7. ABSENT: Non=. 0. OFFICERS PRESENT: W. Robert Herbert, C~ty Manager; James D. Ritchie, Sr., _Assistant Ci.ty Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grisso, Uirector of F,nance; Ma~ F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; and Wilisrd N. Claytor, D,rector of Real Estate Valuation. OTHERS PRESENT: William F. Clark, Director of Public Works; Kit B. Kiser, Director of UtiliZes and. Operations; George C. Snesd, Jr., Director of Public Safety; Glenn D. Radcliffe, D,rector of Hu. ma.n Development; David C. Anderson, City Tressursr; Marsha C. Fielder, Comm,es,oner of the Revenue; Barry L Key, Manager, Office of Management and Budget; Debra J. Moses, Assistant to the City Manager 205 for Special Projects; Daniel G. Oakey, Vice-President of Legisla'don and Transportation, Roanoke Valley Chamber of Commerce; and Thomas Goodwin, Citizen. The Workshop wee facilitstad by Dr. Robert E. Matson, Professor and Director for Leadership Development, University of Virginia. For the majority of the morning session, Dr. Mataon reviewed the Myers/ Briggs Personality Indicators. He pointed out that the type of exercise that Council Members engaged in last evening with active sharing about themselves is important to the team building process. He then reviewed the following dimensions of the Myers/Briggs Personality Indicator: Extrovert/Introvert Sensing/Intuitive Thinking/Feeling Judging/Perceiving The Members of Council engaged in a discussion with regard to decision making and conflict relative to certain issues, and fo#owing the discussion, Dr. Matson urged Council Members to read a publication entitled, "Please Understand Me", which details the four MyereJBriggs types of temperament In conclusion, he noted that the point of the Myere/Briggs tast is to understand self and others and to be more tolerant of the differences in each other and to value the contributions of all. Dr. Mataon reviewed the history of the vision statement process, and advised that the process is continuing with new members on the Council. Council reviewed the draft vision statement, as approved, on February 5, 1996: February 5 approved draft: Roanoke, "The Star City," appreciating its past and planning for a shining future, will provide a superior quality of life through educational, economic and cultural opportunities for all people who live, work and visit here. July 19 suggested changes: Roanoke, "The Star City," appreciating its past and planning for a shining future, will be a community of excellence, providing an outstanding quality of life through educational, economic and cultural opportunities for all people who live, work and visit here. 206 EFFECTIVE GOVERNMI=NT February 5 approved draft: The City of Roanoke will be a catalyst for shaping I and achieving the future of our community. City Government will be participatory, responsive and efficient, valuing diverse community involvement, public/private partnerships and regional cooperation. Citizens will be involved in the establishment of community priorities. Our facilitative government will bring together all available resources to meet the challenges of the 21at century. Some Members of Council expressed concem with regard to using the words "catalyst" and "diverse". July 19 suggested changes: Roanoke City government will be a leading force in shaping and achieving the future of our community. We will be participatory, responsive and efficient, valuing diverse community involvement, public/private partnerships, and regional cooperation. Citizens will be involved in the esta.b, li.s. hment of community priorities. Our fac?tafive government will bring together all ~1 avadable resources to meet the challenges of the 21et century. February 5 approved draft: Roanoke, with its vibrant downtown, will be a dynamic, diverse regional center of commerce and tourism, competing effectively in the global economy. To enhance economic opportunities, we will promote regional cooperation, nurture growth in existing business and recruit attractive new business and industry. Roanoke will be a destination for p?ple seeking a unique combination of scen,c, cultural and recreational attractions. Council Members agreed to insert the word "diversified" in place of "diverse". 207 July 19 suggested changes: Roanoke, with its vibrant downtown, will be a dynamic, diveraifled regional center of commerce and tourism, competing effectively in the global economy. To enhance economic opportunities, we will promote regional cooperation, nurture growth in existing business, and recruit attractive new business and industry. Roanoke will be a destination for people seeking a unique combination of scenic, cultural and recreational attractions. February 5 approved draft: Roanoke will be a 'learning" community, providing the necessary educational resources and opportunities for all persons to develop to their maximum potentials. Through community involvement and utilization of the latest technology, we will provide quality public education. We will strengthen our cooperation with area colleges and univeraitiss and expand continuing education to promote an environment of life4ong learning. July 19 suggested changes: No changes ware proposed. February 5 approved draft: Roanoke will be a community where every person and every family ia important and respected. We will be a diverse, urban community of stable, safe, caring and friendly neighborhoods. We will protect our natural environment and promote cultural, social, and recreational opportunities that encourage present and future generations to choose Roanoke as their home. There was discussion with regard to using the word "diverse". Not having reached a consensus, Dr. Matson asked that the Quality of Life section be considered "a piece of work in progress" and that staff be requested to draft two versions for Council's consideration. At 12:30 p.m., the workshop was declared in recess for lunch. 2O8 At 1:35 p.m., the workshop reconvened in the Monroe Room, The Hotel Roanoke & Conference Center, with Mayor Bowers presiding, and all Members of the Council in attendance. At the request of Vice-Mayor Wyatt, Dr. Mateon reviewed the procedure that the Leadership Team has followed during the past two years in developing its vision etatemenL Them was discussion with regard to providing Council Members with facilitation skills training, and itwss pointed out that the Leedemhip Team is hopeful that Members of Council will meet with the group to review Council's draft vision statement; whereupon, it was the consensus that Council Members will either present Council's draft vision statement to the Leadership Team at its meeting on either August 28 or 29, t996 Following discussion, it was agreed that the draft vision statement would be referred to City staff to incorporate changes proposed by Council and that the draft document would be placed on the August 19 City Council agenda for consideration. Council Members agreed to receive facilitation skills training. There was discussion w!.'th regard to how to take the draft vision stetement to the public sector; whemu, pon, it was agreed that a subcommittee composed of Vice- Mayor Wyatt and Counc,I Member White would meet with City steff to discuss the roll out process, and submit a draft report to Council on Monday, August 5, 1996. Them being no further business, the Mayor declared the workshop adjoumed at 3:55 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 209 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL August 5, 1996 12:00 noon The Council of the City of Roanoke held a joint mesting with the Roanoke City School Board on Monday, August 5, 1996, at 12:00 noon, et William Fleming High School, Coulter Hall, The Forum, 3649 Ferncliff Avenue, N. W., City of Roanoke, Vice-Mayor Linde F. Wyatt and Chairperson Marsha W. Ellison presiding, pursuant to Rule 1, ~ of Section 2-15, ~ Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 33055-071596, adopted on Monday, July 15, t996. COUNCIL MEMBERS PRESENT: Carroll E. Swain, James O. Trout, William White, Sr., C. Nelson Harris and Vice-Mayor Linde F. Wyatt 5. COUNCIL MEMBERS ABSENT: John H. Parrott and Mayor David A. Bowere-2. CITY OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; V~llbum C. Dibling, Jr., City Attorney; Mary F. Parker, City Clerk; and Jesse A. Hall, Deputy Director of Finance. OTHERS PRESENT: Willard N. Claytor, Director of Real Estate Valuation; Robert H. Bird, Municipal Auditor; William F. Clark, Director of Public Works; Kit B. Kiser, Director of Utilities and Operations; Glenn D. Radcliffe, Director of Human Development; and George C. Snesd, Jr., Director of Public Safety. SCHOOL BOARD TRUSTEES PRESENT: Marilyn L. Curtie, Charles W. Day, and Chairperson Marsha W. El#son. SCHOOL BOARD OFFICERS PRESENT: E. Wayne Harris, Superintendent, Roanoke City Schools; Richard L. Kelley, Assistant Superintendent for Operations; Cindy Ramsuer, Clerk to the Roanoke City School Board; Alice B. Szathmary, Principal, William Fleming High School; Mary D. Hackley, Director of Elementary Education; R. Faye Plesesnte, Executive for Personnel; and Liesy K. Runyon, Public Information Officer. SCHOOLS-COUNCIL: The meeting was opened with a welcome by Chairperson Ellison. 210 Following presentation of a computer technology overview, including a hands- on demonstration for Council Members and Staff and School Board Trustees and Staff, the meeting reconvened in. the M.edia Center at William Flaming High School where lunch was served follo~nng an invocation by Council Member and former School Board Chairperson, C. Nelson Harris. Following lunch, Mrs. Szathmary, members of the staff, and students from .W?iam Fleming High School and Pa~ck Henry High School oresented a ,nformation provided by the Roanoke City Schools on tt~e Intamet, Center, and the Media Center at William Fleming High School. .A.~. isted by students from William Fleming and Patrick Henry High Schools, Coun. cd Me. mbers and School Board Trustees ware assigned computers and provided w~th the opportunity to "surf" the Intarnet. At the conclusion of tbs meeting, Chairperson Ellison presentad the Members of Council with a copy of ~e Roanoke City Public Schools Strategic Long-Range Technology Plan dated April, 1995. (See Technology Plan and Technology Synopsis on file in the City Clerk's Office.) HEARING OF CITIZENS UPON PUBLIC MATI'ERS: None. There being no further busin .e~., the Vice-Mayor declared the meeting in I recess at 1:30 p.m., to be reconvene.d ,n the Roanoke City Council Chamber, 215 Church Avenue, S. W., Roanoke, Virg,nia, at 2:00 p.m. .A.t 2:00 p.m., the regular meetJn.g of Co.u.n. cil reconvened in the Roanoke C!ty Council Cham .b~..r, fourth floor, Municl.p. al Budd,ng: 215 Church Avenue, S. W., City of R.o.a. noke, w~th the following Council Members ,n attendance, Vice-Mayor Wyatt pres,ding. PRESENT: C. ouncil Members Can'oll E. Swain, James O. Trout, William Whi~: Sr., C. Nelson Hams and Vice-Mayor Linda F. Wyatt. ABSENT: Council Member John H. Parrott and Mayor David A. Bowers 2. A ' .OFFICERS PRES.E. ,T: W. Robe~ .H. erbert, City Manager; James D. Rib:hie, Sr., sslstant City Manager, Wilburn _C; Dibhng, J.r., City Attorney; Mary F. Parker, Ci Clerk; and Jesse A. Hall, Deputy Director of Finance. ty The reconvened meeting was opened with a prayer by The Reverend Shadmck Brown, Jr., Pastor, Garden Of Prayer Church. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Wyatt. SCHOOLS: Pursuant to Section 9-20.1, Public hearing before appointment of School Board membere, of the Code of the City of Roanoke (1979), as amended, the City Clerk having advertised a public hearing to be held on Monday, August 5, 1996, at 2:00 p.m., regarding appointment of a School Board Tmstss to fill the unexpired term of C. Nelson Harris, rssigned, ending June 30, t998, the matter wss before the body. Advertisement of the public hearing was published in The Roanoke Times on Friday, July 26, 1996, and in the ~ on Thursday, August 1, 1996. (See publisher's affidavits on file in the City Clerk'e Office.) The Vice-Mayor advised that the following persons had applied for the vacancy: Harry F. Davis and Joseph F. Nssh, Jr. She inquired if there were persons present who would like to address Council; whereupon, Gary L. Stultz, President, Roanoke Education Association (REA), and teacher at Fa#on Park Elementary School, advised that the REA has endorsed Joseph F. Nash, Jr., as a Trustee of the Roanoke City School Board. He stetad that the REA is of the opinion that Mr. Nash is the best candidate for the position inasmuch as he has five children in the Roanoke City School System, and he is familiar with school related issues. Mr. Sigmund E. Davidson, 2517 Mount Vernon Road, S. W., spoke on behalf of the application of Harry F. Davis. He stated that Mr. Davis has bccn a member of the Roanoke community for 14 years, and he has been involved in numerous civic activities which are directly or indirectly involved with education. Mr. Byron A. Hicks, 2627 Cornwallis Avenue, S. E., spoke on behalf of the appointment of Harry F. Davis, and advised that Mr. Davis' financial expertise is needed on the School Board. 212 Ms. Shirley J. Wheeler, 1320 Lakewood Drive, S. W., spoke in support of the.application of Harry F.. Davis. She advised .that Mr. Davis ia a hard worktng and dedicated ind,vidual who has the time to devote to school issues, he supports educational excellence and smaller classrooms, and he also supports teachers and the Involvement of parents in the educational needs of Roanoke'e children. Mr. Russell S. Hawkins, 1818 Oxford Avenue, S. W., spoke in support of the application of Joseph F. Nssh, Jr. He advised that Mr. Nssh is the father of children enrolled in the school system at the middle and high school levels, and his wife is actively involved in Parent-Teacher Associations. He commended Mr. Nssh for hie willingness, as a family man and as a working man, to sacrifice the time and energy to serve in this capacity. There being no other speakers, the Vice-Mayor advised that the vacancy will be filled at the regular meeting of Council on Monday, August 19, 1996, at 2:00 p.m. The Vice-Ma.yor advised that .all matters listed under the Consent Agenda were considered to be rou'dne by the Members of Council and would be enactod by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. She called specific attention to three requests for Executive Session to discuss the use and disposition of publicly held property, specifically property located in the Roanoke Centre for Industry and Technology; specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of a contract relating to improved access for an indost~J that is considering expansion; and personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by Council. MINUTES: Minutes of the regular meeting of Council held on Monday, May 6, 1996; the City Council Personnel Committee meeting held on Thursday, May 9, 1996; special meetings of City Council held on May 13, 1996; and the regular meeting of City Council held on Monday, May 20, 1996, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) 213 ACTION: ACTION: Mr. White moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, INhite, Harris and Vice- Mayor Wyatt S. NAYS: Nono 0. (Mayor Bowers and Council Member Perrott were absent.) COMMITTEES-COUNCIL: A communication from Vice-Mayor Linde F. Wyatt requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginis (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. Wttite moved that Council concur in the request of the Vice- Mayor to convene in Executive Session to discuss personnel matters relating fo vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.t-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris and Vice- Mayor Wyatt 5. NAYS: Nono 0. (Mayor Bowers and Council Member Parrott were absent.) PURCHASE/SALE OF PROPERTY-COUNCIL-CITY PROPERTY- INDUSTRIES: A report of the City Manager requesting that Council meet in Executive Session to discuss a matter with regard to use and disposi~on of publicly held property, specifically property located in the Roanoke Centre for Industry and Technology, 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.) r 214 ACTION: ACTION: Mr. White moved that Council concur in the request of the City Manager to convene in Ex.ecutive Session to discuss a matter with regard to use and disposition of publicly held property, specifically property located in the Roanoke Centre for Industry and Technology, pursuant to Section 2.1-344 (A)(3), Code of Virginia (t950), as amended. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris and Vice- Mayor Wyatt 5. NAYS: Nono 0. (Mayor Boware and Council Member Parrott ware absent.) INDUSTRIES-STREETS AND ALLEYS-COUNCIL: A report of the City Manager requesting that Council meet in Executive Session to discuss a matter with regard to specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of a contract relating to improved access for an industry that is considering expansion, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, wa.s befo~ the body. (For full text, see report on file ,n the C,ty Clerk's Office.) I' Mr. White moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of a contract relating to improved access for an industry that is considering expansion, pursuant to Section 2.1-344 (A){7), Code of Virginia (t950), as amended. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris and Vice- Mayor Wyatt 5. NAYS: None 0. (Mayor Boware and Council Member Par~ott were absent.) 215 ACTION: COUNCIL-HOUSING/AUTHORITY-PLANNING: A communication from Mayor David A. Bowers advising that he, along with Council Member Swain, visited the Hurt Park Housing Project which is under the auspices of the Roanoke Redevelopment and Housing Authority in early July, and they were not pleased with the condition of the housing area, was before Council. The Mayor transmitted correspondence from Willis M. Anderson, Chairman, Roanoke Redevelopment and Housing Authority Board of Commissioners, dated July 23, t996, along with pertinent parts of the Improvement Plan prepared by the Housing Authority administration, with regard to physical improvements and community service programs at the Hurt Park development. (For full text, see communication and correspondence on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed. The motion was seconded by Mr. Trout and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, White, Harris and Vice- Mayor Wyatt 5. NAYS: Nono 0. (Mayor Bowers and Council Member Parrott were absent.) COMMITTEES-YOUTH: A communication from Katrina Martin tendering her resignation as a member of the Youth Services Citizen Board, was before Council. (For full text, see communicafion on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed and that the resignation be accepted with regrsL The motion was seconded by Mr. Trout and adopted by the following vote: 216 ACTION: AYES: Council Membem Swain, Trout, White, Harris and Vice- Mayor Wyatt $. NAYS: Nor.= 0. (Mayor Bowers and Council Member Parmtt were absent.) COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication f~om William G. Nork, Itl, 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.) Mr. White moved that the communication be received and filed and that the resignation be accepted with regret. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris and Vice- Mayor Wyatt ..... 5. NAYS: None.. 0. 'i (Mayor Bowam and Counc,l' Member Parrott ware abeenL) OATHS OF OFFICE-COMMITTEES-FIRE DEPARTMENT- ROANOKE ARTS COMMISSION-ROANOKE NEIGHBORHOOD PARTNERSHIP-LIBRARIES-HOTEL ROANOKE CONFERENCE CENTER- FIFTH PLANNING DISTRICT COMMISSION-TRAFFIC: The following reports of qualification ware before Council: Michael K. Quinn aa a member of the Board of Fire Appeals for a term ending June 30, 2000; Brook E. Dickson and Janie P. Wheeler as membem of the Roanoke Arts Commission for terms ending June 30, 1999; Joseph F. Nssh, Jr., as a member of the Roanoke Neighborhood Partnership Steering Committee, to fill the unexpired term of Lawrence M. Taylor, resigned, ending November 30, !997; 217 ACTION: ACTION: Marc J. Small as a member of the Roanoke Public Library Board for a term ending June 30, 1999; John H. Parrott as a Commissioner of the Hotel Roanoke Conference Center Commission to fill the unexpired term of William White, Sr., resigned, ending April t2, 1998; Carroll E. Swain as a member of the Fifth Planning District Commission for a term ending June 30, t999; and Carroll E. Swain as a member of the City of Roanoke Transportation Safety Commission to fill the unexpired term of Delvis O. McCadden ending October 3t, 1998. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the mporte of qualification be received and filed. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris and Vice- Mayor Wyat~ 5. NAYS: None 0. (Mayor Bowers and Council Member Parrott ware absenL) HEARING OF CITIZENS UPON PUBLIC MATTERS: COMPLAINTS-DISABLED PERSONS: Ms. Gloria A. Do,ma, 3513 Dona Drive, N. W., appeared before Council and advised that the disabled community is growing and these individuals are having difficulty finding employment, and requasted that Council encourage local industries to hire qualified disabled persons and that new industries be invited to locate in Roanoke that will hire qualified disabled workers. Mr. Trout moved that the matter be referred to the City Manager and to the Mayor's Committee for the Disabled for study and report to Council. The motion was seconded by Mr. White and adopted. 218 OTHER HEARINGS OF CITIZENS: None. PETITIONS AND COMMUNICATIONS: ! BUDGET-CITY TREASURER-STATE COMPENSATION BOARD- CITY EMPLOYEES: A communication from the Honorable David C. Anderson, City Trasaurer, advising that due to the retirement of Gordon E. Peters and his euimequent appointment as City Treasurer on June 17, 1996, he requested the State Compensation Board's approval for personnel reclassifications and salary adjustmenta, was before Council. Mr. Anderson explained that the salary compensation for the Treasurer was reduced upon Mr. Peters retirement due to the City's lower population as reported from the last census; his efforts have reduced the amount of supplement being paid by the City of Roanoke; and on June 27, 1996, the Stete Compensation Board approved his request, effective July t, 1996; whereupon, he requested Council's concurrence in action teken by the Stete Compensation Board. (For full text, see communication on file in the City Clerk's Office.) Mr. White inquired if the request had been reviewed by the City Manager and the Director of Finance; whereupon, the City Manager advised that it appears that financial especta ars in order; however, he had no written confirmation from the State Compensation Board. Following discussion of the request and in view of questions raised by the Members of Council with regard to the financial impact on the City's budget, if any, the City Manager recommended that action on the request be deferred until the next regular meeting of Council on Monday, August t9, 1996; whereupon, Mr. White moved that Council concur in the City Manager's recommendation. The motion was seconded by Mr. Trout and adopted. ZONING: Edward A. Natt, Attorney, appeared before Council and ?vi. sed that his firm has been retained to repres.ent the Roanoke Valley =ocJety for the Prevention of Cruelty to Animals ,n its request to rezone approximately four acres of land located off of Lynn Brae Drive, N. E., and Route 460, for the purpose of constructing a new animal shelter. He advis.ed that at ita meeting on July 3, 1996, the City Planning Commission heard the rezoning request and made a recommendation 219 ACTION: for denial; since his firm has recently been retained and has obtained additional information which he would like to present to the Planning Commission in regard to the propesod rezoning, he would request that the matter be referred beck to the City Planning Commission for further consideration at its meeting in October. (For full text, see communication on file in the City Clerk's Office.) Upon question, the City Attorney advised that the request for rezoning has been legally advertised for public hearing before Council on Monday, August 19, 1996, at 7:00 p.m., therefore, it would be inappropriate to refer the matter back to the City Planning Commission as requested by Mr. Natt. As an altamative, he explained that at the public hearing on August 19, Council could refer the matter beck to the City Planning Commission, but any action on the part of Council today would be premature. In further explanation, Mr. Natt advised that he would be out of the country on August 19 and could not attend the public hearing. Following discussion, the City Manager offered a suggestion that City Planning staff be instructed to noti~ adjoining property owners and other interested parsons of the request of Mr. Natt to refer the matter beck to the City Planning Commission, that a public hearing has been legally advertised and will be held on Monday, August 19, and Council could vote to take one of the following actions: (1) Council could refer the matter back to the City Planning Commission for further study, report and recommendation; or (2) Council could defer action on the request until a later data; or (3) Council could grant or deny the request for rezoning. Following further discussion, Mr. White moved that the communication from Mr. Natt be received and filed, and that the City Manager be authorized to instruct City Planning staff to communicate with adjoining property owners and other interested persons that a public hearing has bccn legally advertised and will be held on Monday, 220 August 19, 1996, at 7:00 p.m., that citizens will be afforded the opportunity to be heard at the public hearing, and that citizens be apprised that Council could take one of the following actions at its meeting on August 19: (1) Council could refer the matter back to the City Planning Commission for further study, report and recommendation; or (2) Council could defer action on the request for rezoning until a later date; or (3) Council could grant or deny the request for rezonJng. The motion was seconded by Mr. Trout and adopted. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: INTERNET: The City Manager presented a briefing on the City of Roanoke's Home Page which is scheduled to go online on the Intsrnet, or the worldwide web today. He introduced the following members of the employee task force who were responsible for coordinating the project: Kathy D. Cox, Jill J. Michaels, Barry L. Key, M. Michelle Bono, Craig T. Fifer, and Deborah J. Moses. He explained that the goal of the task force was to establish the City's presence on the Intemet and to promote the City of Roanoke in order to enhance services and to provide a forum for sharing information throughout the community and throughout the world. He advised that two major audiences are targeted: visitors - those people who might look at Roanoke as a potential location for a business or a vacation destination, and citizens - to provide access to City information services which is another way of communicating Council's pledge to be a facilitative and participatory i~o.vernme, nt. He introduced Craig T. Fifer, a junior at Virginia olytechn,c Institute and Stats University, who worked as a technology t]'ainer for the Roanoke City Schools in 1994 and began working for the City in May 1996 as a summer intern who was assigned the task of assisting the City in establishing its web-site. 221 Mr. Filer presented a briefing on the City"s Home Page and I highlighted the following information that will be available on ~e Intemet: biographical date on Roanoke City Council Members, the .C.,ty Council agenda both before and after the Council meeting, information published by the Depa, b,,ent of Economic Development en'dtled, "Facts end Figures", government office telephone numbers, news and announcements including news releases since April 12, 1996, job listings as well aa the capability fo download the employment application, the ability for citizens to type in their city and receive driving directions to Roanoke, a description of the Citizens Request for Service Office (in the futura, it is intended to offer a method whereby citizens may route their requests for service to the appropriate City depa,~,,,ent), a list of approximately 70 deparb,~ente, data on the business license/tax rates, the full text of the Roanoke City Code, Depa,;,,,ent of Parks and Recreation quarterly tabloid on recreational offerings, information on Police Department recruiting efforts (benefits and requirements of becoming a police officer), innovative policing efforts and an opportunity to provide more citizen input to the Police Depa, l,~ent, a link to the web- site of the school system, links to other local government sites and educational institutions, and highlights of the City's All America City Award. He stated that access statistics can i be reviewed to determine how many parsons have visited the Roanoke web-s,ta. Jill J. Michaels, Work Station Support Specialist, Depa,bt~ent of Computer Information Services, advised of a contest designed to promote the City's web-site which will encourage parsons to tell the City who they are and where they come from. She stated that the contest will run from today through September 20, and prizes, which were donated by local businesses, will be awarded randomly to those persons who register in the guest book. ITEMS RECOMMENDED FOR ACTION: CITY CODE-CITY MANAGER-GRANTS: The City Manager submitted a written report advising that Section 2-124 of the Code of the City of Roanoke (1979), as amended, authorizes the City Manager to make application to the Federal government for grants of funds for any public purpose, provided that the City Manager does not, without Council approval, make any application for a grant which would involve the obligation of City funds. 222 ACTION: It was explained that each grant of Federal funds to a eubrecipient is the subject of a written agreement between the City and the eubrecipient; currenlJy, Council must authorize the City Manager to execute each agreement between the City and a subrecipient; on occasion, programs listed in the Cormolidatsd Plan and Annual Update do not have subracipients identified when Council approves the submission of the Annual Update, and in cases such as the Roanoke Neighborhood Partnership mini-grants, eubrecipisnts are not identified until initiation of program ectivity; the City Manager is without authority to execute any agreement with a subrecipient, regardless of the dollar amount, which has not been already identified in the Annual Update; and Council must authorize acceptance of Federal and Stets grants and authorize appropriation of grant funds. The City Manager recommended that Council authorize amendment of Section 2-124, Code of the City of Roanoke (1979), as amended, which will enable the City Manager to execute any and all documents and amendments thereto, relating to grants of funds from the Federal government, or any agency of the Federal govemment, or from the Stats, or any agency of the State government, for any public purpose up to $25,000.00, provided that the City Manager shall not, without approval of Council, make any application for a grant which would involve the obligation of City funds, and further authorize the City Manager to execute an amendment to any grant and subgrant agreement, provided such amendment shall not change the net award of grant funds involved by more than $25,000.00. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency ordinance: (~330594)80596) AN ORDINANCE amending and reordaining §2- 124, ADDlicat]on for arants by city_ mana_aQr, of Article V, of Chapter 2, ~dJ]~D~ of the Code of the City of Roanoke (1979), as amended, to provide for the authorization of the City Manager to file applica~ons for certain funds, and to execute certain documents and amendments to such documents; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 49.) Mr. Swain moved the adoption of Ordinance No. 33059-080596. The motion was seconded by Mr. Harris and adopted by the following vote: 223 AYES: Council Members Swain, Trout, White, Harris and Vice- Mayor Wyatt .5. NAYS: None O. (Mayor Bowers end Council Member PalTOtt wars abeent.) HUMAN DEVELOPMENT-NEIGHBORHOOD ORGANIZATIONS- HOUSING/AUTHORITY-GRANTS-ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager submitted a written report advising that each year since 1992, the City of Roanoke has received a HOME entitlement grant from the U. S. Depart,t~ent of Housing and Urban Development, which funds ars used to increase the amount of affordable housing available to Iow-income families; t5 per cent of each year's HOME grant must be reserved for projects conduct~l by certified Community Housing Development Organizations (CHDOs); an additional five per cent of each year's grant may be provided to CHDOs for general operating expenses; the City has certified the Northwest Neighborhood Environmental Organization, Inc. (NNEO), to be a bona fide CHDO, as defined by HUD; and NNEO has been successfully conducting CHDO projects for three consecutive years. It was further advised that $88,671.00 for CHDO projects and up to $32,550.00 for CHDO operating expenses remain available from the t995 HOME grant, and written authorization to expend the funds was received from HUD on June 28, 1995; and NNEO has proposed Phase II of a CHDO project to rehabilitate and sell properties located at 803 and 809 Gilmer Avenue, N. W., to eligible families for the 1996-97 period. The City Manager recommended that he be authorized to execute the 19964)7 HOME Agreement with the Northwest Neighborhood Environmental Organization, Inc., and amendments thereto, if necessary, approved as to form by the City Attorney, such amendments shall be within the limits of funds appropriated by Council and for the purposes set forth in the Agreement for the project; and the cost to the City will be $100,000.00 in HOME funds, which are available from the following accounts: 0354)52-5303-5272 NNEO 8031809 Gilmer II $75,000.00 (project) 0354)52-5303-5241 NNEO 803~809 Gilmer II $25,000.00 (operating) (For full text, see report on file in the City Clerk's Office.) 224 ACTION: Mr. Harris offered the following resolution: (#33060-080596) A RESOLUTION authorizing the City Manager to execute a grant agreement with the Northwest Neighborhood Environmental Organization (NNEO), to provide funding for the renovation and sale of two vacant houses located at 803 Gilmer Avenue, N. W., and 809 Gilmer Avenue, N. W., upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 59, page 50.) Mr. Harris moved the adoption of Resolution No. 33060-080596. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, Harris, and Vice- Mayor Wyatt 4. NAYS: Nons 0. (Mayor Bowers and Council Member Parrott were absent.) (Council Member White abstained from voting.) HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that Council authorized the Roanoke Redevelopment and Housing Authority's 1996.97 HOME activities and funding as part of the Annual Update to the Consolidated Plan (Annual Update) approved for submission to the U. S. Department of Housing and Urban Development (HUD) on May 13, 1996, pursuant to Resolution No. 32939-051396; and $645,958.00 in HOME funds are budgeted for the Housing Authority's t996-97 project costs for the following HOME- funded activities: Consolidated Local Rehabilitation Loans Down Payment and Closing Cost Aesistenca Gainsboro Lot Acquisition and Homeownership Initiative It was further advised that $31,609.00 in HOME funds are budgeted for the Housing Authority's 1996-97 administrative costs relating to the abovedescribed HOME-funded activities; and an additional $220,500.00 in Community Development Block Grant (CDBG) 225 funds for staff and other support costs directly attributable to delivering the HOME ectivities is being budgeted under a separate CDBG agreement with the Housing Authority to be authorized by Council. The City Manager recommended that he be authorized to execute the 1996-97 HOME Agreement with the Roanoke Redevelopment and Housing Authority and amendments thereto, if necessary, approved as to form by the City Attorney, within the limits of funds and the for the purposes set forth in the report. (For full text, see report on file in the City Clerk's Office.) Mr. Whito offered the following resolution: (~33061-980596) A RESOLUTION authorizing the appropriate City officials to enter into the 1996-97 HOME Investment Partnership (HOME) Program Subreciplsnt Agreement, and any necessary amendments thereto, with the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. (For full text of Resolution, see Rosolution Book No. 59, page 51.) ACTION: Mr. White moved the adoption of Resolution No. 330614)80596. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris and Vice- Mayor Wyatt 5. NAYS: None 0. (Mayor Bowers and Council Member Parrott were absent.) PURCHASE/SALE OF PROPERTY.CITY PROPERTY-INDUSTRIES- ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that on September 8, t986, pursuant to Ordinance No. 28328, Council authorized execution of an agreement to sell 20 acres of land at the Roanoke Centre for Industry and Technology and the right of first refusal on approximately eight contiguous acres to Orris Virginia, Inc.; Orris has notified the City of its desire to purchase 13.19 acres of property adjacent to its existing facility for the purpose of constructing another 100,000 square feet addition which will represent 226 ACTION: a $2:3 million investment; the 13.19 acre parcel contains the eight contiguous acres on which Orris Virginia, Inc., was given the ri,ht of firet refusal; and sale price of the 13.19 acre tract is $7,$00.0~) par developable acm, or $78,150.00, calculated as follows: 13.19 acres - total site -2.77 acme - shared detention basin (undevelopable) 10.42 acres x $7,500 = $78,150.00 it was further advised that Orris must complete construction of the addition, or be in diligent pursuit of completion within two years from the closing data; the City shall have the right to repurchase the site for the original price if this action does not occur;, and closing must occur within 90 days following the date that the Purchase and Sale Agreement is executed by the City. The City Manager recommended that he be authorized to execute a contract, in a form to be approved by the City Attomey, for the sale of the 13.19 acre site in the Roanoke Centre for Industry and Technology, and that the Mayor be authorized to execute a deed of conveyance of property to Orris Co., Inc. (For full text, see report on file in the City Clerk's Office.) Mr. Swain moved that the following ordinance be placed upon its first reading: (~33062) AN ORDINANCE authorizing execution of an agreement with Orris Co., Inc., for the sale of approximately 13.19 acres of City- owned land within the Roanoke Centre for Industry and Technology and authorizing the execution of the requisite deed conveying such property. (For full text of Ordinance, see Ordinance Book No. 68, page 60.) The motion was seconded by Mr. Harris and adopted by the following vote: I[ 227 AYES: Council Membem Swain, Trout, White, Harris and Vice- Mayor Wyatt S. NAYS: None O. (Mayor Bowers and Council Member Parrott wars absent.) HUMAN DEVELOPMENT-HOUSING/AUTHORITY-PLANNING- GRANTS-ECONOMIC DEVELOPMENT-ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager submitted a written rsport advising that on May t 3, 1996, pursuant to Resolution No. 32939-051396, Council authorized funds for administration and program support of ectivitiss to be implemented by the Roanoke Redevelopment and Housing Authority aa part of the Community Development Block Grant (CDBG) and HOME applications included in the Consolidated Plan submission to the U. S. Depa, l,,,ent of Housing and Urban Development (HUD) for fiscal year 1996-97; and the Housing Authority has historically administered certain portions of CDBG and Housing Investment Partnership Program (HOME) activities for the City, including housing rshabilitetion and economic development activities. It was fuf~;,er advised that CDBG funds budgeted for the Housing Authority's services in fiscal year 1996-97 total $375,452.00 for administration and support of ten HOME and CDBG-funded programs; project funds to be administered by the Housing Authority, and covered by the Agreement, total $661,473.00 in CDBG funds; CDBG project support costs will also provide for delivery of $645,958.00 in HOME projects; and an administrative agreement between the City and the Housing Authority is necessary before the Housing Authority may receive payment for administrative activities regarding HOME and CDBG-funded or assisted programs. The City Manager recommended that ha be authorized to execute the 1996-97 Community Development Block Grant Agreement with the Roanoke Redevelopment and Housing Authority and amendments thereto, if necessary, approved as to form by the City Attorney, within the limits of funds sst forth in the raport and for the purposes specified herein. (For full text, see report on file in the City Clerk's Office.) 228 ACTION: Mr. Trout offered the following resolution: (~t33063-080599) A RESOLUTION authorizing execution of an agre?ment with the Roanoke Redevelopment and Housing Authority for services related to the administration of Community Development Block Grant (CDBG) funds for fiscal year 1996-97. (For full text of Resolution, see Resolution Book No. 59, page 52.) Mr. Trout moved the adoption of Resolution No. 33063-080596. The motion wes seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris and Vice- Mayor INyatt 5. NAYS: Non: (Mayor Bowers and Council Member Parrott were absent.) REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY: The City Manager s.ubmittod a written report advising that revenue needed to offset.operating and capital cost for the Roanoke .~ Valley Resource Authonty (RVRA) is generated solely from the collection of tipping fees; a deficit in revenues versus expenses would be an obligation for the founding jurisdictions, viz: Roanoke City, Roanoke County and the Town of Vinton; commercially provided landfill space has become more available in recent months as private companies have been successful in obtaining operating permits for large commercial landfills; a method of controlling the end destination of solid waste is to be the collection agency that picks up the solid waste; and authority to compete for solid waste collection via establishing a collection operation is being sought by the Roanoke Valley Resource Authority in accordance with correspondence under date of April 8, 1996 and June 21, t996 from RVRA Executive Director John R. Hubbard. It was further advised that several steps would have to be undertaken by both the RVRA and the founding jurisdictions, including public hearings, prior to the RVRA being able to engage in the activity; amendments to the Authority's Charter and the Member Use Agreement 229 ACTION: are the first steps in the process; and a public hearing is required to amend founding documents, as was required for initial approval of the documents, which public hearing requires at least 30 days notice. The City Manager recommended that a public hearing be advertised to consider adoption of a resolution authorizing amendments to the Roanoke Valley Resource Authority'e Charter and Member Use Agreement. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council hold a public hearing on Monday, September 16, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard. The motion was seconded by Mr. White and adopted. Mr. White inquired as to changes in State and/or Federal legislation relative to transporting refuse from one jurisdiction to another, and requested that the City Attorney review the matter to determine if the City should address the issue in its 1997 Legislative Program. WATER RESOURCES: The City Manager submitted a written report advising that bids are received annually on a fiscal year basis for furnishing and supplying to the City estimated quantities of ductile iron water pips, which represent anticipated needs for a period of one year; funds are available in various Water Depef~,,,ent and Capital accounts to provide for purchase; and specifications were developed and five bids ware received and evaluated by City staff. The City Manager recommended that Council accept the bid submitted by Griffin Pips Products Co., to provide ductile iron water pipe to the City for a period of one year; and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33064-080596) A RESOLUTION accepting the bid of Griffin Pipe Products Company, 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. 59, page 53.) 230 ACTION: Mr. Trout moved the adoption of Resolution No. 33064-080596. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris and Vice- Mayor Wyatt ..... 5. NAYS: Nono ...... 0. (Mayor Bowers and Council Member Parrott were absent.) SEWERS AND STORM DRAINS-WATER RESOURCES: The City Manager submitted a written report advising that funds are designated in fiscal year 1996-97 operating budgets for Water and Water Pollution Control Depa(b,tente for the purchase of certain chemicals; specifications were developed and all bids were evaluated by City staff; and cost is broken down aa follows: Water Fund - $337,264.00 Sewage Fund - $124,940.00 The City Manager rec. ommended that Council accept the followi.'ng lowest responsible bids for water and waste water treatment chem,cais for a period of one year; and reject all other bide received by the City: Liquid Alum - General Chemical Corporation, at a cost of $.347409 per gallon; Liquid Chlorine - Jones Chemicals, Inc., at a cost of $24.00 per cwt. for 150 pound cylinders and $t7.00 per cwt. for 2,000 pound cylinders; Sulfur Dioxide - Jones Chemicals, Inc., at a cost of $400.00 per cylinder; Hydrofluosilica Acid - Lucisr Chemical Industries, at a cost of $.6565 per gallon; Sodium Hydroxide - in bulk by Prillaman Chemical Corporation, at a cost of $.95 per gallon and non bulk by Jones Chemicals, Inc., at a cost of $1.65 per gallon; 231 ACTION: Zinc Orthophosphate - Prillaman Chemical Corporation, at a cost of $4.12 per gallon; Polymer, 3ppm Praeetol - Prillaman Chemical Corporation, at a cost of $3.91 per gallon; Sodium Silico Fluoride - Prillaman Chemical Corporation, at a cost of $.245 per pound; Sodium Bi-Sulfite - Jones Chemicals, Inc., at a cost of $1.2t per gallon; Polymer Ca'dloc-TL - Cytec Industries, Inc., at a cost of $4.119 per gallon; Sodium Fluoride - Prillaman Chemical Corporation, at a cost of $.625 per pound; Hexametephosphate - Prillaman Chemical Corporation, at a cost of $4.46 per gallon; and Ferric Chloride - Prillaman Chemical Corporation, at a cost of $.42 per gallon. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#33065-080596) A RESOLUTION accepting bids for water and sewage treatment chemicals for fiscal year 1996-1997, and rejecting other bids. (For full text of Resolution, see Resolution Book No. 59, page 53.) Mr. Swain moved the adoption of Resolution No. 33065-080596. The motion was seconded by Mr. Trout and adopted by the following vote: 232 ACTION: AYES: Council Members Swain, Trout, White, Harris end Vice- Mayor Wyatt 5. ~ NAYS: None O. (Mayor Bowers and Council Member Parrott were absent.) AIRPORT: The City Manager submitted a written report advising that enplanement surveys are currently required to be performed six times per year, per contract as sst forth in correspondence under date of July 3, 1996, from Jacquelina g Shuck, Executive Director, Roanoke Regional Airport Commission; and the Airport Commission wishes to amend the 1987 contract to reduce the number of required surveys from six per year to two per year. The City Manager recommended that Council authorize an amendment to the 1987 contract between the Roanoke Regional Airport Commission, Roanoke County, end the City of Roanoke to require only two enplanement surveys on those years when no year-end operating deficit is anticipated. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33066-080596) A RESOLUTION authorizing an Amendment to the January 28, 1987, Contract between the City of Roanoke, the County of Roanoke, and the Roanoke Regional Airport Commission to reduce the number of enplanement surveys required to be undertaken by the Airport Commission, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 59, page 55.) Mr. Trout moved the adoption of Resolution No. 33066-080596. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris and Vice- Mayor Wyatt 5. NAYS: None 0. (Mayor Bowers and Council Member Parrott were absent.) 233 BUDGET-APPALACHIAN POWER COMPANY-UTILITIES- SCHOOLS: The City Manager submitted a written report advising that governmental electric rates have been established through contract negoUations for three-yesr term increments since 1974, and types of rates include the following: schools, pumping (water and sewage), other (general government), and street lighting - the City, contrary to some smaller localities, has a separate contract for street lighting, however, rates are tied to the general usage contract. It was further advised that current contract rates for schools, pumping, street lighting, and general government were due for consideration for change as of July t, 1996; Appalachian Power Company (APCO) recommended maintaining the currant rata structure over the proposed new three-year term of July 1, 1996 through June 30, 1999; the potential for a rate decrease is believed to exist, which potantisl can only be developed through an exchange of information between representatives of APCO and expert rate paraonnel representing the City; the City has historically joined with other cities, towns and counties served by APCO to negotiate as a block unit through the Virginia Municipal League and the Virginia Association of Counties; representatives for the City on the Electrical Rate Steering Committee include the City Attorney and the Director of Utilities and Operations with additional staff support as required; and all negotiations are subject to final approval by Council, and Council has authorized expenditures in fiscal year 1997 for electric energy as follows: General Government Water and Sewer Funds Schools $2,542,375.00 $ 893,500.00 $1,352,230.00 It was explained that rate negotiations have begun, and the proposed rata increase amount is being evaluated; assessment to pay for rate experts retained through the Virginia Municipal League (VML) 234 ACTION: ~dm~e Virginia. Association of Counties (VACO) has b~.=n received ma VML m the amount of $23,086.00; and the last aeseesment was in 1993 at a cost of $28,511.00· general Th~ City Manager recommended that Council · of the C,ty'e pre rate aese~ment ,~f ,~ n.~ ,,~u~o.n.ze pa..ym, ent . ....... . .v.---..,,,~,~.u,u_ m me V, rg,nia ~aasocla..~on OY Counties rapresentin th _ . negotiation exoenes,.---, ,-- .... g. · C,tys share of rate .. .. . r- -, ,.u uansrer eno encumber e2.~ ~.onungency Account No. 001-nng.aa~n.~a,~. .... -- -,-..--.-:.-.- ,,u,,, Ooeration,~ r=,... ,... n _. --- --,--. -.,,a. ro u~rector of Util,ties and 21~1~. ---, --~- ,,,, rrofees~onal Services, ACcount No. 001-056-1250. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: an emergency. , ,a,nera~ run, Appropriations, and providing for (For full text of Ordinance, see Ordinance Book No. 59, page 56.) ~T~e M.r. Trout moved the adoption of Ordinance No. 33067-080596. :mo. on was seconded by Mr. Harris and adopted by the following AYES: Council Members Swain, Trout, White, Harris a ' ~ Mayor Wyatt ......... ,,, , ,~,u~, t~nlm, I-lams and Vice NAYS: Non_-- O. (Mayor Bowara and Councd Member Partott were absent.) . BUDGET.-G. RANTS-YOUTH: The City Mane er su ' written report adwsing that the Offi~=,,- v...,,. ,, - g _ bm,tted a .a. wa..rde.d .to the City under the Vi~g~?; ~e~erannct..wa~s__lir~t.°.fficjally. ;oum Act on June 17. t,,n. ,,.- -,-- · application was submitted ~.-,~'- ~,_u__n~ca, .year. 1996-97 youth grant · .. ..... -, mt, ~parmtent of Juvenile Justice · = .:~, wn,cn grant will provide for contin,,-*;.-- -- ........ n May ann proeram imnlem...,..~ .... ---v, u, uoorelnatecl plannina -- r ...-i,,,uon mine ~ . operation budnet i- ",~,--, ~--=-~ : ce on Youth, the departmental ,. ...... - o ,---, ,--ueu, w, th the exce.,tio- --- i- ., ~,- um $;ilary and ~ut~.en; category, with additional fundin- n ~enefit, and the contin,,;--..~--,~..~ ;_ .u._. ~.~.;mary mr salary and -,,,..,m...o,. ,. (~a[e rending causes the City 235 ACTION: to increase match funding; the 1995-96 State appropriation for the Roanoke City Office on Youth was $29,583.00 compared to the 1996-97 appropriation of $27,084.00; and Council's acceptance of the Stats grant award and appropriation of the local cash match is required before the appropriate City officials may execute the required documents to receive State funds. The City Manager recommended that Council concur in the following actions: accept the State Department of Juvenile Justice grant and authorize the City Manager to execute any grant agreement and related documents on behalf of the City; appropriate $59,582.00 to revenue and expenditure accounts to be established in the Grant Fund by the Director of Finance for the program ($27,084.00 will be funded by the State Depa, b,,ent of Juvenile Justice); and transfer $29,628.00 from Account No. 001-004-9310-9535, Transfer to Grant Fund, and $2,870.00 from Account No. 001-054-1270-1004, Human Development's Temporary Employee Wages, to the Grant Fund as the City's cash match to operate the program for fiscal year 1996-97. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#33058-080586) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Grant and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 57.) Mr. White moved the adoption of Ordinance No. 33068-080596. The motion was seconded by Mr. Trout and adopted by the following vota: 236 ACTION: AYES: Council Members Swain, Trout, White, Harris and Vice- Mayor Wyatt 5. NAYS: Nono 0. (Mayor Bowers and Council Member Parrott were absent.) Mr. White offered the following resolution: (#33069-080596) A RESOLUTION authorizing acceptance of a grant from the Virginia Department of Juvenile Justice on behalf of the City to continue coordinated planning and program implementation of the Office on Youth, and 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. 59, page 58.) Mr. White moved the adoption of Resolution No. 33069-080596. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris and Vice- ! Mayor Wyatt 5. NAYS: None,, (Mayor Bowers and Council Member Parrott were absent.) BUDGET-HUMAN DEVELOPMENT-YOUTH: The City Manager submitted a written report advising that the City receives funds from the Department of Juvenile Justice to administar a Family Oriented Group Homes (FOGH) program for children in need of therapeutic residential placement while remaining in their parent's custody; the year-end unobligatad balance for the FOGH program for fiscal year 1995-96 was $62,278.00; and Section 16.1-322.2, Code of Virginia (1950), as amended, allows localities to carry forward unspent balances at fiscal year-end to be utilized for juvenile programs. 237 ACTION: The City Manager recommended that Council appropriate $62,278.00 from the year-end unobligated fund balance for use by Sanctuary Family Oriented Group Homes Program, Account No. 035- 054-5069-3160. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33070-080596) AN ORDINANCE to amend and reordain certain sections of the 1996-97 General and Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 59.) Mr. Trout moved the adoption of Ordinance No. 33070-080596. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris and Vice- Mayor Wyatt 5. NAYS: None 0. (Mayor Bowers and Council Member Parrott were absent.) REPORTS OF COMMII-rEES: POLICE DEPARTMENT-COUNCIL-SPECIAL PERMITS-WATER RESOURCES: Council Member Linde F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to a police training facility et Carvins Cove; and recommended that Council concur in the following actions: authorize the City Manager to petition Roanoke County for subdivision of six to ten acres of the Carvins Cove watershed property to allow the development of a police training facility (in addition to maintaining the primary purpose of protected watershed land); and 238 authorize the City Manager to petit]on Roanoke County for a Special Exemption Permit ~ allow the Carvins Cove wa?..rshed property to be util,zed aa a police trainina facdity in accordance with conditions stated in the repo~ of the Water Resources Committee. A communication from Mayor David A. Bowers in connection with correspondence under date of July 31, 1996, from former Senator William B. Hopkins regarding establishment of a City rifle range at Carvins Cove; and transmitting a request of Senator Hopkins that the matter either be continued to a future Council meeting or be referred back to the Water Resources Committee in order that he may present an alternative from a client for consideration by the Committee, was before the body. (For full text, see report and communication on file in the City Clerk's Office.) ACTION: Mr. Trout moved that the matter be referred back to the Water Reso.urcee Committee for the purpose of receiving and considering additional information as requested by former Senator William B. Hopkins. The motion was seconded by Mr. Swain and adopted. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 33057, rezoning a portion of a certain tract of land fronting Orange Avenue, N. E., and King Street, described as Officia. I Tax .Nos. 7090506 and, 7.0.905.0.1, from ..C-2, Ge. neral Commercl.al District, a.n.d RS..-3, Res,dent]al S~n. gle-Famdy Dis?ct, to RM-2, Res,denfial Mult]-Famdy, Medium Densi.~ District, subject to proffers contained in the Second Amended Pedt]on filed in the Office of the City Clerk on May 3, 1999, having previously been before the Council for its first reading on Monday, July 15, 1996, read and adopted on il~. first reading.and laid over, was aga!n before the body, Mr. Trout offenng the follomng for its second reading and final adoption: 239 ACTION: ACTION: (#33057-080596) AN ORDINANCE to amend ~36.t-3, Code of the City of Roanoke (t979), as emended, and Sheet No. 709, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, sas Ordinance Book No. 59, page 46.) Mr. Trout moved the adoption of Ordinance No. 33057-080596. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, Whito, Harris and Vice- Mayor Wyatt 5. NAYS: Nono 0. (Mayor Bowers and Council Member Parrott ware absent.) CITY CODE-ZONING: Ordinance No. 33058 amending Section 36.1-25, ~ of Chapter 36.1, ~ Code of the City of Roanoke (1979), as amended, to define outdoor storage, having previously been before the Council for its first reading on Monday, July 15, 1996, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#33088-080596) AN ORDINANCE amending §36.1-25, Definitions. of Chapter 36.1, ~ of the Code of the City of Roanoke (t979), ss amended, to define outdoor storage. (For full text of Ordinance, sas Ordinance Book No. 69, page 46.) Mr. Trout moved the adoption of Ordinance No. 33068-080596. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris and Vice- Mayor Wyatt S. NAYS: None 0. (Mayor Bowers and Council Member Parrott were absent.) 240 MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: COUNCIL-HOUSING/AUTHORITY: Mr. White referred to a recent news report with regard to sewage backup at · housing development which is managed by the Roanoke Redevelopment and Housing Authority; whereupon, the City Manager advised that the Utility Line Services Department checked the sewer line on Friday, August 2, and found that the City's portion of the line was clear. He staled that he did not have firet-hand knowledge of what occurred, however, he advised that the sewer line is now operational. Mr. White requested that the City Manager informally inquire as to the policy of the Roanoke Redevelopment and Housing Authority with regard to addressing emergency repairs to public housing facilities. BUSES-COMPLAINTS-SCHOOLS-TRAFFIC-STREETS AND ALLEYS: Within the past two years, the Virginia Department of Transportation (VDOT) installed a new traffic signal on Route 419 at the intersection serving Allstate Insurance Co., approx!matel.y one-half mile south of the access to Hidden Valley School. Th,s action created an interest among patrons of Hidden Valley School to have opened a rear driveway on the dead*end of NIL Holland Drive that will allow motorists to leave the school and enter Route 419 at the new signalized intersection; and neighborhood streets which would have to be traveled were not designed to accommodate the traffic. Residents of the area have opposed the opening of the driveway, which is presently closed with a barricade on school property. Council Member Harris requested that the City Manager provide Council with information with regard to potential use of City streets for school bus transportation to access Hidden Valley Junior High School, i.e., which streets are proposed to be used, which bus mutes will effect residential areas, what has occurred at citizen/community meetings to date, what is Roanoke County's proposal, and what authority does the City have to either approve' or deny the request. The City Manager advised that an Internal Study Team will draft a position paper for presentation to Council no later than Monday, August 19, 1996. 241 ACTION: Mr. C. Michael Thacker, 4929 Mt. Holland Drive, S. W., requested that a representative of the neighborhood be included on the Internal Study Team to present concerns/suggestions of area residents. OTHER HEARINGS OF CITIZENS: COMPLAINTS-REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY: Ms. Vernice Law, 10t9 Staunton Avenue, N. W., appeared before Council on behalf of her son who is afltlistad with Consolidated Waste Industries, and requested that the City take note that there is a qualified minority refuse collection/wests company located in the Roanoke area. At 4:05 p.m., the Vice-Mayor declared the meeting in recess. At 5:05 p.m., the meeting reconvened in the Council Chamber, with Vice-Mayor Wyatt presiding, and all Members of the Council in sttandance, with the exception of Mayor Bowers and Council Member Parrott. COUNCIL: With respect to the Executive Session just concluded, Mr. Harris moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted ~om 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. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris and Vice- Mayor Wyatt 5. NAYS: None 0. (Mayor Bowers and Council Member Parrott were absent.) OATHS OF OFFICE-COMMITTEES-PENSIONS: The Vice-Mayor advised that there ars two vacancies on the Board of Trustees, City of Roanoke Pension Plan, created by the ineligibility of Bernice F. Jones and Delmar L. Irving to serve another term, and called for nominations to fill the vacancies. 242 ACTION: ACTION: Mr. White placed in nominaffon the names of Earnest C. Wilson, Sr., and Martha P. Franklin. ! There being no further nominations, Mr. Wilson was elected for a term ending June 30, 1998, and Martila P. Franklin was elected for a term ending June 30, 2000, aa members of the Board of Trustees, City of Roanoke Pension Plan, by the following vote: FOR MS. FRANKLIN AND MR. WiLSON: Council Membere Swain, Trout, White, Harris and Vice-Mayor Wyatt 5. (Mayor Bowers and Council Member Parrott were abeenL) [ mere la a vacancy on the City of Roanoke Industrial Development Authority created by the resignation of John J. Buffer and called for nominations to fill the vacancy. Mr. Trout placed in nomination the name of Lynn D. Avis. There being no further nominations, Mr. Avis was elected as a member of the City of Roanoke Industrial Development Authority for a term ending October 20, 1999, by the following vote: FOR MR. AVIS: Council Members Swain, Trout, White, Harris and Vica~Mayor Wyatt 5. (Mayor Bowers and Council Member Parrott were absent.) COMMITTEES-SPECIAL EVENTS: The Vice-Mayor advised that the term of office of .Barbara D. Bethel as a member of the Special Events Committee exp,red on June 30, 1996, and called for nominaffons to fill the vacancy. Mr. Trout placed in nomination the name of Barbara D. Bethel. There being no further nominations, Ms. Bethel was reelected as a member of the Special Events Committee, for a term ending June 30, 1997, by the following vote: 243 ACTION: ACTION: ACTION: FOR MS. BETHEL: Council Members Swain, Trout, White, Harris and Vice-Mayor Wyatt . .. 5. (Mayor Bowers end Council Member Parmtt were absent.) OATHS OF OFFICE.COMMII'rEES-TRAFFIC: The Vice-Mayor advised that there is a vacancy on the City of Roanoke Transportation Safety Commission creafed by the resignation of Acme Hayes and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of John W. Brown, Jr. There being no further nominations, Mr. Brown was elected as a member of the City of Roanoke Transportation Safety Commission for a ferm ending October 31, 1998, by the following vote: FOR MR. BROWN: Council Members Swain, Trout, White, Harris and Vice-Mayor Wyatt 5. (Mayor Bowers and Council Member Parrott ware absent.) COMMITTEES-SPECIAL EVENTS: The Vice-Mayor advised that there ia a vacancy on the Special Events Committee created by the resignation of Pearl Fu and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Margaret C. Thompson. There being no further nominations, Ms. Thompson was elected as a member of the Special Events Committee, for a term ending June 30, 1996, by the following vote: FOR MS. THOMPSON: Council Members Swain, Trout, White, Harris and Vice-Mayor Wyatt 5. (Mayor Bowers and Council Member Parrott were absent.) COMMITTEES-BUILDINGS/BUILDING DEPARTMENT: The Vice- Mayor called attention to a requirement to appoint an alternate member to the Board of Building Code Appeals, Volume II (Building Maintenance Division), and called for nominations to fill the position. 244 ACTION: ACTION: Mr. Swain placed in nomioat~on the name of Gary L. Blankenship. There being no further nominations, Mr. Blankenship was elected as an aW)mate member of the Board of Building Code Appeals, Volume II (Building Maintenance Division), by the following vote: FOR MR. BLANKENSHIP: Council Members Swain, Trout, White, Harris and Vice-Mayor Wyatt.. 5. (Mayor Bowars and Council Member Parrott were abeenL) OATHS OF OFFICE-COMMITtEES-ROANOKE ARTS COMMISSION: The Vice-Mayor advised that there ia a vacancy on the Roanoke Arts Commission created by the resignation of E. Antoinette Hale and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Mary S. Neal. There being no further nominations, Ms. Neal was elected as a member of the Roanoke Arts Commission, for a term ending June 30, 1999, by the following vote: FOR MS. NEAL: Council Members Swain, Trout, White, Harris and Vice-Mayor Wyatt 5. (Mayor Bowers and Council Member Parrott were abeenL) OATHS OF OFFICE-COMMI'I'rEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Vice-Mayor advised that there is a vacancy on the Roanoke Neighborhood Partnership Steering Committee created by the resignation of Edward S. Allen and called for nontinatJons to fill the vacancy. Mr. Harris placed in nomination the name of John F. Huddleeton, III. There being no further nominations, Mr. Huddleston was elected as a member of the Roanoke Neighborhood Partnership .Steering Committee for a term ending November 30, 1996, by the follo~nng vote: 245 ACTION: FOR MR. HUDDLESTON: Council Members Swain, Trout, White, Harris and Vice-Mayor Wyatt 5. (Mayor Bowers and Council Member Parrott were absent.) ACTION: Inasmuch as Mr. Huddleston and Mr. Brown ars not residents of the City of Roanoke, Mr. Harris moved that the City residency requirement for persons serving on authorities, boards, commissions and committees appointed by the Council be waived in these specific instances The motion was seconded by Mr. Swain and adopted. There being no further business, the Mayor declared the meeting adjourned at 5:10 p.m. ATTEST: Mary F. Parker City Clerk APPROVED Vice-Mayor 246 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL August 19, 1996 I 12:30 p.m. The Council of the City of Ro~. noke .m. et in regular session in the City Council Chamber, fourth floor of the Munic,pal Bu,l~d. ing, 215 Chumh Avenue,.S.W., City.of Roanoke, on Monday, August 19, 1996, at 12.30 p.m., the regular m..eeting hour, ruth Mayor David A. Bowers presiding, purs.u.a, nt to Rule 1, ~ of Section 2-15, ~ Code of the City of Roanoke (1979), as amended. PRESENT: Counc!l Members James O. Trout, William White, Sr., Linda F. Wya. tt, C. Nelson Hams, John H. Parrott, Carroll E. Swain and Mayor Dav,d A. Bowers ABSENT: None · 0. · . OFFICERS PRESENT. W. R.obert .Herbert, City Manager; Wilbum C. D,.bhng, Jr., City Attorney; dames D. Grmso, Director of Finance; and Mary F. Parker, City Clerk. AN_N..U. AL REPORTS-COMMITTEES-YOUTH: Thomas H. Miller, Chair, Youth _S.e...rvices C,tizen Board, presented the 199596 Annual Report of the Youth Services ~mzen Board and the Office on Youth. ACTION: (See 1995-96 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. HEARING OF CITIZENS UPON PUBLIC MATTERS: None· At 1:00 p.m., the Mayor declared the meeting in recess until 2:00 p.m. · At 2:00 p.m., the regular meeting of CityCou.n. cil reconvened in the Roanoke C,ty Council Cham..be. r, fourth floor, Municipal Build,n.g, 216 Church Avenue S.W., City o.f. Roanoke, w~th the following Council Members m attendance, Mayor ~owers presid,ng: 247 PRESENT: Council Members James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain and Mayor David A. Bowers 7. ABSENT: Nons OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilbum 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. Kenneth Wright, Pastor, Evangel Fourequare Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Boware. ACTS OF ACKNOWLEDGEMENT-SISTER CITIES: The Mayor welcomed the following officials from Opol~, Poland: Ewa Gajek, Vice President of the City Council; Grezyna Wojtalska-Kuyak, Deputy Mayor for Culture, Sports, Education, Health and Social Matters; Ewa Olszewska, Deputy Mayor for City Development, Urban Architecture and Municipal Investment Projects and Geodesy Sectors; Zbigniew Bartkiewicz, Trenalator; and Mieczylawa Bartkiewicz. He presented each guest with an Honorary Citizenship Certificate and a City Logo Lapel Pin. OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor called attention to a vacancy on the Roanoke City School Board created by the resignation of C. Nelson Harris, for a term ending June 30, 1998, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Harry F. Davis. Ms. Wyatt placed in nomination the name of Joseph F. Nash, Jr. There being no further nominations, the following vote was recorded: ACTION: FOR MR. DAVIS: Council Members Trout, White, Harris, Parrott, Swain and Mayor Bowers C. 248 ACTION: ACTION: FOR MR. NASH: ViceJllayor Wyatt 1. - . Based_upon the aboverecorded vote, the Mayor declared Harry F. I uavJe as a /rustee of the Roanoke City School Board to fill the unexpired term of C. Nelson Harris, resigned, ending June 30, 1998. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be murine 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 wee 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 with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. 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 the Council, pursuant to thSeeCe tion 2.1-344 (A)(1), Code of Virginia (1950), as amended, wes before I body. (For full text, see communication on file in the City Clerk's Office.) Mr. White mov..ed that C.ouncil concur in the request of the Mayor to convene in Executive Sees,on to d.iscues personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.t-344 (A)(1), Cede of Virginia (1950), as amended. The motion wes seconded by Mr. Trout and adopted by the following vote: · AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swe,n and Mayor Bowers.. 7. NAYS: None OATHS OF OFFICE-COMMITTEES-YOUTH-PENSiONS: following reports of qualification were before Council: The 249 ACTION: James H. Smith as a member of the Youth Services Citizen Board fora term ending May 3t, 1999; and Earnest C. Wilson, Sr., as a Trustee of the City of Roanoke Pension Plan, Board of Trustees, for a term ending June 30, 1998. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualification be received and filed. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers.. 7. NAYS: None 0. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. OTHER HEARINGS OF CITIZENS: TRAFFIC-COMPLAINTS-NEIGHBORHOOD ORGANIZATIONS- ROANOKE NEIGHBORHOOD PARTNERSHIP: Ma. Richert advised that she was previously requested by the membership of Old Southwest, Inc., to address Council with regard to traffic problsme in Old Southwest; however, since placing the request on the Council agenda, she had been advised that the widening of Franklin Road is not an issue, therefore, it would not be necessary to address Council at this time. She added that the membership of Old Southwest, Inc., would like to work with the City Administration to resolve several traffic- related issues affecting the Old Southwest neighborhood. TRAFFIC-COMPLAINTS-STATE HIGHWAYS-PLANNING-HOTEL ROANOKE CONFERENCE CENTER-ROANOKE NEIGHBORHOOD PARTNERSHIP-STREETS AND ALLEYS: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., addressed Council in connection with the four laning of Gainsboro Road/Second Street, and inquired as to why construction was not designed in such a manner so as to provide for 250 ACTION: ACTION: two-way traffic at all times from Orange Avenue to Wells Avenue. She called attention to a dangerous traffic condi~on at Wells Avenue and I Jefferson Stn~et where trees and signage leading to The Hotel Roanoke ._ cause a visual barrier. She advised that a four-way stop sign has been requested by residents of the area. The City Manager advised that the Second Street/Gainsboro Road proj.e, ct is administered by the Vi.rginia Department of Transportation, and he would arrange for a ne,ghborhood meeting to address specific questions and concerns of residents. COMPLAINTS-YOUTH-SCHOOLS: Ms. Katheryn R. Hale, Executive Director, West End Center, Inc., addressed the issue of limited resources and lack of activities for the youth of Roanoke City, particularly during the last two weeks of summer before the new school year begins. She requested that the City of Roanoke and the Roanoke City School Board consider establishing an earlier school opening date which would allow for built-in snow days, teacher breaks/work days, and reduce juvenile delinquency, eto. l~F~thout objection by Council, the Mayor advised that Ms. Hale's remarks would be referred to the City Manager and the Roanoke City School Board for appropHata response. COMPLAINTS-DISABLED PERSONS: Ms. Gloria A. Dorma, 35t3 Dona Ddve, N. W., having appeared before Council on Monday, August 5, 1996, with regard to employment opportunities for qualified disabled parsons, she again appeared before Council and inquired as to the status of her proposal which was referred by Council to the City Manager for report. Without objection by Council, the Mayor requested that the City Manager contact Ms. Donna to discuss specific questions and/or concerns. PETITIONS AND COMMUNICATIONS: BUDGET-CITY TREASURER-STATE COMPENSATION BOARD- CITY EMPLOYEES: Council at its meeting on Monday, August 5, 1996, having deferred action on a communication from the Honorable David C. Anderson, City Treasurer, advising that due to the retirement of Gordon E. Peters and his subsequent appointment as City Treasurer 251 on June t7, 1996, he requested the State Compensation Board's approval for certain pereonnel reclassifications and salary adjustmente, which actions resulted because the salary compensation for the Treasurer was reduced upon Mr. Peters' retirement due to the Ciys lower population as reported at the last census, and his efforts reduced the amount of supplement being paid by the City of Roanoke, the matter was again before the body. Mr. Anderson further advised that on June 27, 1996, the State Compensation Board approved his request, effective July 1, t996, and therefore, the concurrence of Council is requested. A report of the City Manager concurring in the request of the City Treasurer and the action of the Commonwealth of Virginia Compensation Board with regard to position reclassifications and salary adjustments in the Treasurer's Ofl~ce, was before Council. The City Manager explained that the salary, as established by the Compensation Board for the Treasurer was reduced as a result of the retirement of Gordon E. Peters; the salary for the Deputy Treasurer was also reduced upon the appointment of David Anderson, former Deputy Treasurer, to Treasurer; the request from the Treasurer and the subsequent action by the State Compensation Board preserved the current level of funding from the Compensation Board by realloceting the savings associated with the reduction in the salary for the Treesurer and Deputy Treessurer to selected positions in the Treasurer's Office via reclassifications and salary adjustmente; the action taken by the Treasurer prevente the potential reduction of Compensation Board funding of approximately $18,000.00, and such action also preventa an increase in City of Roanoke funding supplement for the Treasurer's Office; and there will be no change in salary compensation or the total budget for the Treasurer's Office as adopted by Council in the fiscal year 1996-97 General Fund budget. (For full text, see communication and report on file in the City Cisrk's Office.) Mr. White offered the following resolution: 252 ACTION: (#33071-081996) A RESOLUTION concurring in reclassification by the State Compensation Board of sight (8) positions in the Office of City Treasurer. (For full text of Resolution, ees Resolution Book No. 59, page 61.) Mr. White moved the adoption of Resolution No. 33071-061996. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowara 7. NAYS: Non.- t BUDGET-DRUGS/SUBSTANCE ABUSE-COMMONWEALTH'S ATrORNEY~RANTS: A communication from the Honorable Donald S. Caldwell, Commonwaalth'e Attorney, advising 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, which positions were developed to coordinate prosecutorial efforts among independent jurisdictions, reduce fractional duplicate prosecutions, enhance the recovery of criminal aese-l~;ztil-i'~.; I Federal, State and local resources to assure maximum prosecutorial effectiveness, and to provide specialized pro~ecutorial resources to the regional drug enforcement effort; and in April 1988, Council accepted the Multi-Jurisdictionsl Special Drug Prosecutor Grant and a full-time Special Drug Prosecutor was hired in July 1988, was before Council. It was further advised that on April 26, 1996, the Compensation Board approved funds for the Drug Prosecutor's Office for the period July 1, 1996 through June 30, 1997, in the following amounts: $62,403.00 for staff salaries and $11,292.00 for office expenses, for a total of $73,695.00; and in addition, the Compensation Board will reimburse the City for fringe benefits which should be approximately $9,600.00. The Commonwealth's Attorney recommended that Council concur in the following actions: 253 ACTION: authorize acceptance of and conUnued participaUon in funding fur the Drug Prosecutor posiUons through the Compensation Board, in the amount of $73,695.00, in addition to fringe benefits of approximataly $9,600.00 for the period July 1, 1996 through June 30, 1997; authorize the City Manager to execute all appropriate documents to obtain funding for the Drug Prosecutor positions through the Compensation Board; and appropriate $73,695.00, in addition to fringe benefits of approximately $9,600.00, in the Grant Fund to fund the Drug Prosecutor positions through the Compensation Board and establish a corresponding revenue estimate into accounts to be established by the Director of Finance, as follows: regular employes salaries fringe benefits office expenses $62,403.00 9,600.00 (approximate) Total $83,295.00 A report of the City Manager recommending that Council concur in the request of the Commonwealth's Attomey, was before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~33072-081996) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 61.) Mr. Parrott moved the adoption of Ordinance No. 33072-081996. The motion was seconded by Mr. Swain and adopted by the following vote: 254 ACTION: AYES: Council Membem Trout, Wtlite, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. i NAYS: None 0. Mr. Parrott offered the following resolution: (~ft33073-081996) A RESOLUTION authorizing acceptance of funding fur the Drug Prosecutor's Office from the Commonwealth of Virginia Compensation Board and authorizing the execution of all appropriate documents to obtain such funds. (For full text of Resolution, see Resolution Book No. 59, page 62.) Mr. Parrott moved the adoption of Resolution No. 33073.081996. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, Wlfite, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: Nono O. BUDGET-COMMONWEALTH'S AI-rORNEY-GRANTS: A communication from the .H°n°rabl.e Donald S. Caldwell, Commonwealth's Attorney, adweing that ,n 1986, in an effort to better fund law enforcement efforts to fight crime, pa~culariy drug crime, 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; in July 1991, the Virginia asset forfeiture statute, which is generally patterned after the Federal statute, took effect providing that forfeited criminal assets may be returned to local police and prosecutors for use in the fight against crime; periodically, assets seized as evidence ars ordered forfeited by the local courts to the police or the Office of the Commonwealth's Attorney to be used for criminal law enforcement efforts; 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. 255 The Commonwealth's Attomey further advised that since August 1991, the Office of Commonwealth's Attorney has expended the $25,000.00 originally approprial~d; revenues collected through July 3t, 1996, total $57,401.00; and the current revenue estimate is $47,602.00, with funding received in excess of the estimated revenue totalling $9,889.00 which needs to be appropriated. The Commonwealth's Attorney recommended that Council concur in the request to continue the grant for cash assets forfeited to the Office of the Commonwealth's Attorney; and that $9,889.00 be appropHatod to the following Grant Fund accounts: Administrative Supplies - Account No. 035-026-5t40-2030 Expendable Equipment (<$500.00) - Account No. 035-026-5140-2035 Training and Development - Account No. 035-026-5140-2044 Other Rental - Account No. 035-026-5140-3075 CIS-Peraonal Computer Rental/ Maintenance Account No. 035-026-5t 40-7007 Expendable Equipment (>$500.00) - Account No. 035-026-5140-9005 Total 1.500.00 $9,889.00 A report of the City Manager recommending that Council concur in the request of the Commonwealth's Attomey, was before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: $2,389.00 1,500.00 t,500.00 1,500.00 1,500.00 Increase the revenue estimate by $9,889.00. 256 ACTION: (~33074-081996) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 63.) Mr. Swain moved the adoption of Ordinance No. 33074-081996. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None. , ...... 0. CO. UNCIL-CITY GOVERNM.ENT-VISION STATEME.N.T: A commumcation from Vice-Mayor Lmda F. Wyatt and Councd Member William White, Sr., transmitting copy of the City's Vision Statement based upon discussions by Council at its July 19, 1996 workshop. Roanoke City Council Vision Statement Roanoke, ':The Star City., "appreciating its past I and planning for a shining future, will be a community of excellence, providing an outstanding quality of life through educational, economic and cultural opportunities for all people who live, work and visit here. Effective Government TheGity~ Roanoke City Government will be a eetelyst-for leading force in shaping and achieving the future of our community. 6itylevef~ We will be participatory, responsive, and efficient,,--it-wilt-v~ue valuing diverse community involvement, public/private partnerships, and regional cooperation. Citizens will be involved in the establishment of community priorit~ee. Our facilitative government will bring together all available resources to meet the challenges of the 21st century 257 Economy Roanoke, with its vibrant downtown, will be a dynamic, diversified diverse regional center of commerce and tourism, competing effectively in the global economy. To enhance economic opportunifiee, we will promote regional cooperation, nutura growth in existing business, and recruit attractive new business and industry. Roanoke will be a deetinatJon for people seeking · unique combination of scenic, cultural, and recreational attractions. Education Roanoke will be a 'learning' community, providing the necessary educational resources and opportunities for all persons to develop to their maxirnum potentials. Through community involvement and the latest technology, we will provide quality public education. We will strengthen our cooperation with area colleges and universities and expand continuing education to promote an environment of life-long leaming. Quality of Life Roanoke will be a community where every person and every family is important and respected. We will be a city -~;'~-~, u,~.~, ;;.-;;,;7,::~.~ of d/verse, stable, safe, caring, and friendly neighborhoods. We will protect our natural environment and promote cultural, social, and recreational opportunities that encourage present and futura generations to choose Roanoke as their home. Mr. Swain advised that he supported the Vision Statement; however, he expressed concern with regard to use of the word "diverse" under the Quality of Life section. He explained that the word "diverse" implies that the City is divided and gives a negative viewpoint, and the Vision Statement should project the image that the City of Roanoke is unique, united and working harmoniously to better its City and its citizens. 258 Vice-Mayor Wyatt advised that the word "diverse" was used once un.der Effective Government, once under Quality of Life, and the word I "dl ' " veralfied was used once under Economy, therefor, in an approximately 200 word document, the word "diverse," or a derivative thereof, was used three times. She steted that the diversity of this ~*i~, makes it unique with many different people an-'d diffe~-en"t neighborhoods and each neighborhood has been allowed to be unique. She added that abe could find nothing objectional about using the word "diverse" in the following sentence under Quality of Lifo: '~Ne will be a City of diverse, safe, caring and friendly neighborhoods." Ma. Wyatt moved that Council adopt the Vision Stetement, as drafted, and proceed with the roll out process. The motion was seconded by Mr. White. M - With rog_ ard. to the Qua!ity of Life aectio.n, of the Vision Statement' r. ~wain onereo an amendment to the motion to delete the words. "City of diverse", and insert the words, "community of". ThE amendment to the motion was seconded by Mr. Parrott and adopted, Vice-Mayor Wyatt voting no. · Question was raised as to when the roll out process will occur- whereupon, it was pointed by Vice-Mayor Wyatt and Council Membe~ White that there has been discussion with regard to the possibility of completing the citizen input piece prior to December 1996 so that in early 1997, goals and objectives will be in place prior to Council's 1997-98 budget study sessions. The Vision Statement' as above amended, and the proposed roll out process, was unanimously adopted. The Quality of Life section of the Vision Statement' as amended, is aa follows: Roanoke will be a community where every person and every family is important and respected. We will be a co.mmunity of stable, safe, caring, and. friendly ne,ghborhoods. We will protect our natural env,ronment and promote cultural, social, and recreational opportunities that encourage present and future generations to choose Roanoke as their home· 259 COMMITTEES-COUNCIL-REFUSE COLLECTION: A communication from Council Member James O. Trout advising that the collection and disposition of solid wests is of critical importance to the health, safety and welfare of the City of Roanoke; the City Manager recently recommended certain mechanization of the solid weste collection function that should result in financial savings to the City; however, he expressed concern that Council has not had adequate time to develop expertise in and to thoroughly analyze the many issues relalmJ to solid weste collection and disposition, wes before the body. Mr. Trout further advised that in order to address the issues which are both complicated and controvemial, he would recommend that Council appoint an ad hoc committee consisting of four membem of Council and three members of the City Administration, which committee would thoroughly explore solid waste collection and disposition issues and report back to Council with its recommendations. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. Trout moved that Council concur in the recommendation. The motion wes seconded by Mr. Swein and adopted, Vice-Mayor Wyatt voting no. At 3:25 p.m., the Mayor declared the meeting in recess. At 3:35 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. REPORTS OF OFFICERS: CiTY MANAGER: BRIEFINGS: TRAFFIC-BUSES-COMPLAINTS-STATE HIGHWAYS-PLANNING- SCHOOLS-STREETS AND ALLEYS: The City Manager submitted a written report advising that at the regular meeting of Council held on Monday, August 5, 1996, Council Member Harris requested information with regard to potential uss of City streets for access to Hidden Valley Junior High School, a Roanoke County school; and the report was intended to provide Council with the current status of the issue. 260 It was explained that Hidden Valley School was constructed in the early 1970's when the area was. in Roanoke County, the Roanoke County School Board and the Virginia Department of Treneportation I (VDOT) jointly funded an access road to the school from Route 419; within the past two years, VDOT has installed a new traffic signal on Route 4t9 at the intersection serving Allstate Insurance Company, approximately one-half mils south of the access to Hidden Valley School, which has reportedly created an interest among patrons of the County school to have opened a rear driveway on the deed-end of Mt. Holland Drive that will allow motorists to leave the school and enter Route 419 at the new signalized intersection, but, unfortunately, the neighborhood streets which would have to be travelled were not designed to accommodate this volume of traffic; and residents are unanimous in their opposition to opening the driveway, which is presently closed with a barricade on school property. !t was further advised that Dr. Deanna W. Gordon, Super, ntendent, Roanoke County Schools, has expressed her preference not to open the rear driveway and expressed a desire that the Virginia Depa,l,,,ent of Trensportatlon install a traffic signal on Route 419 at Hidden Valley School Road, and she has promised to provide residents with a minimum of 24 hours notice before any effort would be made to open the existing barricade; and to date, VDOT has indicated that traffic studies do not meet the criteria for signalizing the intereectlon; however, Roanoke County is continuing to pursue this solution with State officials. The City Manager explained that the City can take formal action to preclude rear access to Hidden Valley School property from Mt. Holland Drive; the closing of public righte-of-way would involve a public hearing by the City Planning Commission which would make a recommendation to Council; Council could ultimately decide to vacate a portion of the public right-of-way or otherwise officially close, by barricade, the street, which action to preclude through traffic on a rssidential street has been taken at other locations in the City; should Council wish to initiate this possibility, a motion to authorize the City Manager to file a potltion to vacate or close by barricade Mt. Holland Drive would be in order; and another consideration would be for Council to support the County's request to the State for a traffic signal at the intereectlon of Route 419 and Hidden Valley School Road. (For full text, see report on file in the City Clerk's Office.) 261 ACTION: ACTION: Mr. Harris moved that the City Manager be requostm] to file a petition with the City Planning Commission to vacate or close, by barricade, Mount Holland Drive; and that the City Manager be further requested to take appropriate action to support the request of Roanoke County to the Virginia Depa,;,,,ent of Transportation for a traffic signal at the intersection of Route 419 and Hidden Valley School Road. The motion was seconded by Mr. Trout and unanimously adopted. CAPITAL IMPROVEMENTS PROGRAM-SCHOOLS: Diane S. Akere, Budget Administrator, presented a briefing on the Five-Year Capital Improvement Program, and advised that the goals of the briefing will be to review the following: (1) Status of the current Capital Improvement Program, (2) Review of CIP process, (3) Criteria for prioritizing capital projects, (4) Debt capacity for future years, and (5) Requirements for bond referendum - referendum date for next bond issue. She advised that the current CIP totals $244.5 million which includes 51 projects in nine major categories, and funding for these projects comes from various sources including bond funds, retained earnings and State and Federal funding. She reviewed the following major projects in each category. The Director of Finance reviewed debt capacity. Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools, reviewed capital needs of the school system. (See briefing documents on file in the City Clerk's Office.) Following questions and comments by Members of Council, the Mayor advised that the briefing would be received and filed. 262 At 4:40 p.m., the Mayor declared the meeting in recess. At 4:50 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-POLICE DEPARTMENT4NSURANCE-PARKS AND REC REATION-ARMORY/STADIUM-HOUSINGIAUTHORITY-GRANTS. YOUTH-SPORTS ACTIVITIES-ROANOKE CITY BOXING ASSOC.- SCHOOLS-EQUIPMENT: The City Manager submitted a written report advising that each year, the City of Roanoke receives Community Development Block Grant (CDBG) entitlement funds from the U. S. Department of Housing and Urban Development (HUD) to implement a variety of community development programs, which programs are outlined each year as an Annual Update to the Five-Year Consolidated Plan; on May t3, 1996, Council approved the fiscal year 1996-97 Annual Update, pursuant to Resolution No. 32939-051396; and all additional unallocated funds were placed in a contingency account until future projects and activities are approved by Council. It wee further advised that on February 9, 1996, the Roanoke City Boxing Association, Inc., requested $54,804.00 in CDBG funds for start- up costs to conduct a youth boxing program; however, uss of funds aa described in the proposal did not meet HUD's eligibility requirements; the City's Parks and Recreation Department requested $9,650.00 in its supplemental budget for the Roanoke City Boxing Association program, which request was not approved in fiscal year 1997; on April 9, 1996, the Roanoke City Boxing Association presented an alternative plan to the City at the HUD Consolidated Plan Administrative Public Meeting, and on April 29, at City Council's public hearing, the Roanoke City Boxing Association discussed the proposed youth boxing program in more detail; and on June 15, the Roanoke City Boxing Association announced that the organization had applied for non-profit status. It wes explained that the Roanoke City Boxing Association, Inc., has located a suitable site for the proposed boxing activity at Victory Stadium; on July 9, 1996, the Roanoke City Boxing Association submitted documentation that the Association had incorporated as a non-profit organization, and was therefore, eligible to receive Community Development Block Grant funds; the Roanoke City Boxing 263 Association indicated that assistance may be sought from the City for one additional year beyond the 1996-97 request, and thereafter, the Roanoke City Boxing Association anticipates being self-sufficient; $65,800.00 is available in the fiscal year 1996-97 CDBG contingency account fur additional projects and activities approved by Council; and with approval by Council and citizen notification, the Annual Update could be amended during the year to include an additional activity. The City Manager recommended that Council concur in the following actions: authorize the City Manager to execute the Community Development Block Grant 1996-97 agreement with the Roanoke City Boxing Association and any amendments thereto, if necessary, within limits of City funds and CDBG funds, containing such terms and conditions as are necessary to ensure U. S. Depa,~,,ent of Housing and Urban Development approval and eligibility for funding with CDBG funds, said agreement to be approved as to form by the City Attomey; authorize the City Manager to execute a lease agreement with the Roanoke City Boxing Association fur use of Victory Stadium, approved as to furm by the City Attomey; transfer $50,700.00 in Community Development Block Grant funds from CDBG Contingency Account No. 035- 097-9740-5300 to the CDBG RCBA Account No. 0354)97- 9738-5274; transfer $15,000.00 in City General funds from the City's Contingency Account N°. 001-002-9410-2199 to the City's Parks and Recreation Program Activities Account No. 00t- 052-71 t0-2066; and amend the Annual Plan, submit the appropriate amendments to HUD after the required 30-day citizen review period, provided there are no compelling objections to the amendment. (For full text, see report on file in the City Clerk's Office.) 264 ACTION: Mr. Trout offered the following emergency budget ordinance: (#33075-081996) AN ORDINANCE to amend and reordsin certain sections of the 1996-97 General and Grant Fund Appropriations, and providing for an emergency. (For full t~xt of Ordinance, see Ordinance Book No. 59, page 64.) Mr. Trout moved the adoption of Ordinance No. 33075-081996. The motion was seconded by Mr. Swain. Mr. Parrott expressed concern that the agreement does not address indemnification. In view of questions regarding insurance requirements, it was the consensus of Council that action on the ordinance and resolution would be tabled until the 7:00 p.m., session of Council. Later during the meeting, the Mayor advised that the matter would be taken from the table for discussion by Council. The City Attomey advised that insurance requirements were set forth in a second agreement which was not distribu'md to Council, that he had carefully raviewad insurance requirements, and he was confident that the necessary insurance provisions ara in order. Ordinance No. 33075-081996 was then adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers.. 7. NAYS: None Mr. Trout offered the following resolution: (#33076-081996) A RESOLUTION authorizing the City Manager to amend the Annual Update of the Entitlement Consolidated Plan for Fiscal Year t996-97 and submit said amendment to the United States ,! 265 ACTION: Department of Housing and Urban Development (HUD), and to execute the requisite documents providing for the implementation of a youth boxing program. (For full text of Resolution, see Resolution Book No. 59, page 66.) Mr. Trout moved the adoption of Resolution No. 33076-081996. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Wltite, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None 0. COMMITTEES-ROANOKE ARTS COMMISSION: The City Manager submitted a written report advising that Percent-for-the-Arts Programs have been adopted by localities throughout the United States, including ome Virginia cities; the Roanoke Arts Commission has requested that the City adopt, in principle, the concept of a Percent-for-the Arts Program; and Council referred a communication from former Vice- Mayor John S. Edwards conceming a Percent-for-the-Arts Program to the City Manager on June 12, 1995. It was further advised that a committee of City staff and representatives of the Roanoke Arts Commission has been meeting to discuss the concept of a Percent-for-the-Arts Program; a proposed program has been developed, in general terms, and more specific details will be developed by a standing committee, if approved, with the following basic principles: A committee would be appointed by the City Manager and Chairperson of the Roanoke Arts Commission to promulgate rules of procedure. The committee would annually review upcoming capital improvement projects and recommend to the City Manager one or more projects suitable for the Program. The City Manager may recommend annually including one or more capital projects in the Percent-for-the Arts Program; and funds for the art or artistic features to be included in the total project costs. 266 The final decision on any particular work of art or artistry !n any capital im. provement project will be accomplished ,n accordance with nomtal City procurement procedures. The City Manager recommended that Council adopt a resolution in support of the concept of a Percent- for-the-Arts Program, and appointment of a committee of City staff and representatives of the Roanoke Arts Commission to promulgate rules of procedure and to advise the City Manager on implementation of the Program. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: {#33077-081996) A RESOLUTION endorsing a Percent-for-the- Arts Program. (For full text of Resolution, see Resolution Book No. 59, page 67.) ACTION: Mr. Harris moved the adoption of Resolution No. 33077-081996. The motion was seconded by Mr. Swain and adoptad by the following vota: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Boware ?. NAYS: None 0. BUDGET-BONDS/BOND ISSUES-TAXES-ROANOKE CIVIC CENTER-CAPITAL IMPROVEMENTS PROGRAM-EQUIPMENT: The City Manager submitted a written report advising that Council approved a 1996 General Obligation Bond Issue, which included $939,000.00 for improvements to the Roanoke Civic Center; one of the improvement projects was replacement of the mechanical and fire alarm controls for the complex, which will bring mechanical controls up to present day standards, and the fire alarm system will comply with current regulations; after due and proper notice, three firms responded to a Request for Proposals; and following interviews, the Selection Committes chose the firm of Whitascawer, Hurd, and Obenchsin, Inc., as the most qualified firm. 267 ACTION: The City Manager recommended that Council concur in the following actions: appropriate funds for a fUll service engineering contract to Whitsscerver, Hurd, and Obenchain, Inc., for design, construction documents, and contTact administration, including periodic inspections of construction, for the following lump sum fee: basic services contract engineering services additional services reimburs, lible expenses $52,500.00 1,000.00 4,000.00 total $60,000.00 transfer $60,000.00 from the 1996 General Obligation Bond Issue, Public Buildings Account No. 008-052-9701-9183 to a new capital account to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33078-081996) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 68.) Mr. Trout moved the adoption of Ordinance No. 33078-081996. The motion was seconded by Mr. Swain and adopted by the following vots: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers. 7. NAYS: Non: 0. 268 ACTION: BUDGET-PARKS AND RECREATION-HOUSING/AUTHORITY- GRANTS-HABITAT FOR HUMANITY: The City Manager submitted a written report advising that Habitat for Humanity in the Roanoke Valley, Inc., is a viable non-profit agency that builda new houses and sells those houses to Iow income families; Council provided $140,000.00 of HOME funds in fiscal year 1995-96 to Habitat to begin to acquire and to clear a block on 10th Street, S. W., at Norfolk Avenue near Perry Park to be redeveloped for approximately 20 houses for sale; Council appropriated $t t4,049.00 of HOME funds for Phase II of the project on July 1, 1996; Amendment No. I to the contract with Habitat has been developed; HOME funds must be matched at a rate of 25 per cent, which match requirement for the requested $124,000.00 totals $3t,000.00; and HOME funds totalling $t 14,049.00 are available in the following accounts: Account No. 035-052-5302-5319 Account No. 035-052-5303-5319 Account No. 035-052-5304-5319 Habitat Perry Park, Phase II Habitat Perry Park, Phase II Habitat Perry Park, Phase II $21,7~0.00 $66,994.00 $25,305.00 An additional $9,95t.00 of Unprogrammed HOME Program income is available to appropriate to the project, for a total of $124,000.00. The City Manager recommended that he be authorized to execute Amendment No. 1 to the agreement with Ha. bitat for Humanity in the Roanoke Valley, Inc., for the Perry Park Project, to be approved as to form by the City Attorney; increase the revenue estimate by $5,560.00 in Account No. 035-035-1234-7220, HOME Program Income, $4,391.00 in Account No. 035-035-1234-7230, HOME-VHPF, and appropriate $9,951.00 to Account No. 035-052-5320-5319. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (g33079-081996) AN ORDINANCE to amend and reordain certain sections of the t996-97 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 69.) Mr. Trout moved the adoption of Ordinance No. 33079-081996. The motion was seconded by Mr. Harris and adopted by the following vote: 269 AYES: Council Members Trout, Wltits, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None 0. ACTION: Mr. Trout offered the following resolution: (~33080-081996) A RESOLUTION authorizing Amendment No. 1 to an Agreement between the City and Habitat for Humanity in the Roanoke Valley, Inc., dated July 1, 1995, for funding of the Perry Park Housing Development from HOME funds. (For full text of Resolution, see Resolution Book No. 59, page 70.) Mr. Trout moved the adoption of Resolution No. 33080-081996. The motion was seconded by Mr. Harris and adopted by the following vota: AYES: Council Members Trout, Whita, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None 0. INSURANCE-NEIGHBORHOOD ORGANIZATIONS-PLANNING- GRANTS-ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager submitted a written report advising that as part of the annual budget and the Community Development Block Grant (CDBG) program, Council approved expenditure of General Funds and CDBG funds for neighborhood improvement grants; the Neighborhood Improvement Grant program was established in 1985 through the Roanoke Neighborhood Partnership, which program provides mini-grants up to $1,500.00 and Neighborhood Development Grants up to $10,000.00; the purpose of the Program is to provide financial incentives for neighborhood organizations to undertake self-help projects; and on August 5, 1996, Council approved an amendment to Section 2-124 of the Code of the City of Roanoke (1979), as amended, allowing the City Manager to execute any and all documents and amendments relating to any grants from the Federal Government, or any agency of the Federal Govemment, or from the Stats, or any agency of the Stats government, for any public purpose up to $25,000.00. 270 N' . .it w. as further advised that app. roval by Council is needed for e,.gn.m3m.o..od Im.p.rovement Grants ,nvol.v. ing City funds; proposed proj.ec~ mil prov,ae neig.h, borhood beauti.fi, cation and revitalization, and ~mprove the quality of I,fe in the respective neighborhoods; these projects are proposed by neighborhood organizations in consultation with appropriate City departments, and the projects have been revie .wed and recommended by the Roanoke Neighborhood Partnership Steenng Committee, as follows: Edaewood-Morwanda-Summit Association/i=MSNA) - Hills purchase and in~tall neighborhood entrance signs and landscaping, project has a total budget of $1,200.00, $960.00 will be City funded, and EMSNA will provide a $240.00 match. Garden City_ Civic ~ ,'=_~ue (6CCLt. purchase computer equipment and software to create, edit and print a neighborhood newsletter, project has a total budget of $1,875.00, $1,$00.00 will be City funded, and GCCL will provide a $375.00 match. Greater Raleiah Court Civic Leeaue ;GRCCI - purchase and plant trees along Memorial Avenue, project has a total budget of $1,875.00, $562.00 will be City funded, $938.00 will be CDBG funded, and GRCCL will provide a $375.00 match. 271 Loudon-Melrose Nsiahborhood Omanizafion ti uNO]. replace neighborhood sign at Orange Avenue and 21st Street, N. W., and landscape entry into neighborhood, project has a total budget of $1,875.00, $1,500.00 will be CDBG funded, and LMNO will provide a $375.00 match. MelroselRu, bv Nei_ahborhood Forum (MRNF} - purchase and install landscaping around neighborhood signs .in Kennedy Park, replace neighborhood s,gn at 10lb Street and Orange Avenue, N. W., send members to training and conferences, project has a total budget of $1,875.00, $t,500.00 will bo City funded, MRNF will provide a $375.00 match. Old Southwest. Inc. (OSWI - replace two neighborhood signs on Franklin Road, install a neighborhood sign at 10th Street and Ferdinand Avenue, S. W., project has a total budget of $1,875.00, $1,500.00 will be City funded, OSW will provide a $375.00 match. Rid,ewood Park Nei_ahborhood Leapue IRPNL_I - design, print and mail neighborhood newsletter for one year, project has a total budget of $896.00, $7t7.00 will be City funded, RPNL will provide a $179.00 match. 272 Riverisnd Alert Neiahbors IRAN) - purch, ss.e. one park bench and replace trash I cans ,n P;edmont Park, project has a total budget of $t,000.00, $800.00 will be City funded, RAN will provide a $200.00 match. Wasena Nei_ahborhood Forum. Inc. I~NNF) - purchase two large trash containers to be placed on the business section of Main Street, purchase a memorial marker to be placed in Oak Park, project has a total budget of $1,875.00, $900.00 will be City funded, $600.00 will be CDBG funded, WNF will provide a $375.00 match. Williamson Road Action Forum IWRAF) - purchase and plant trees in Preston Park, project has a total budget of $1,125.00, $900.00 will be City funded; WRAF will provide a $225.00 match. It was further advised that administrative agreements are necessary for the funds to be obligated to the abovedescribed projects; the respective agreements between the City and each neighborhood organization will contain provisions relating to time of performance and indemnifica~on; and the agreements will not be executed on behalf of the City without ce~fication of the Director of Finance that funding ia available, and no funding will be expended under the contract until the contract is fully executed by all parties. ACTION: 273 The City Manager recommended that he be authorized to execute the necessary agreements and amendments thereto with the abovereferenced neighborhood organizations, approved as to form by the City Attorney, within the limits of City fonds set forth in the report and for the purposes specified therein. (For foil text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (ff33081-081996) A RESOLUTION authorizing the City Manager to execute administrative agreements and any necessary amendments thereto with ten separate agencies for implementation of various Neighborhood Improvement Grant programs. (For full text of Resolution, see Resolution Book No. 59, page 71.) Mr. Trout moved the adoption of Resolution No. 330814)81996. The motion wes seconded by Mr. Swain. Mr. Parrott expressed concem with regard to indemnification requirements; whereupon, the Mayor advised that the matter would be tabled until the 7:00 p.m. Council session. Later during the meeting, the Mayor advised that the matter would be taken from the table. Mr. Parrott stated that he had discussed hie questions and concerns with the City Attomey and the City Manager, and he was satisfied that insurance requirements have been adequately addressed by the City. Resolution No. 330814)81996 was then adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swein and Mayor Bowers 7. NAYS: Nono 0. 274 PARKS AND RECREATION-ARMORY/STADIUM-SPORTS ACTIVITIES- CONSULTANTS REPORTS: The City Manager submitted a written report advising that at Council's regular meeting on Monday, June t7, 1996, a request was made to evaluate the possibility of fast- tracking the future renovation of Victory Stadium and to report those findings to Council within 60 days; after conferring with Heery International, Inc., staff determined that the Victory Stadium renovation work may be sspareted into four logical construction projects; the time schedule wes prepared based upon an assumed start date of January 1, 1997; however, the actual start date would be contingent upon the availability of funding for the renovations to Victory Stadium; the first step in the overall project would be selection of an architectural and engineering firm; once an architectural/engineering firm has been retained, the schematic design, subsurface investigation, and site survey tasks would begin, and since renovations are within the flood plain of the Roanoke River, the Corps of Engineers would be brought into the project early in the design phase. It wes further advised that the potential exists, due to the nature of the renovations, that key elements of the construction could be combined into the following four projects: Project I - playing field and track construction - $2,100,000.00, Project 2 - grandstand construction - $1,650,000.00, Project 3 - below grandstand construction - $5,975,000.00, and Project 4 - site construction - $2,000,000.00. It was explained that although this method of fast-tracking (having multiple construction projects underway concurrently) may result in a saving of time, it is impossible to predict how the contractors would bid on such a renovation job; it should be emphasized that the projected timelinss are preliminary and very optimistic, and the schedule could easily be extended should the construction take a longer period of time to gain approval from the Corps of Engineers or to bid and award construction contract(s). 275 ACTION: Since an immediate source of funding for renovations to Victory Stadium has yet to be identified, the City Manager recommended that the project be included in the long-range Capital Improvements Program for future funding consideration. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Swain and adopted, Vice-Mayor Wyatt voting no. CHURCH AVENUE PARKING GARAGE-CENTURY STATION PARKING GARAGE-WILLIAMSON ROAD PARKING GARAGE-REPUBLIC PARKING SYSTEM, INC.-CAMPBELL COURT PARKING GARAGE- MARKET SQUARE PARKING GARAGE: The City Manager submitted a written report advising that competitive sealed bidding, aa opposed to competifive negofiation, has been used to secure management and operation services for the City's parking facilifies because such services are not considered by law as "professional services"; Iow responsive bidders, by definition, have not always been the most responsive bidder; the most recent sealed bid for management and operation of the City's parking facilities was awarded to Republic Parking System, Inc., as the Iow responsive bidder; however, on July t, 1996, Republic Parking System notified the City that" .... it has become economically not viable for Republic Parking System to continue to provide the parking management services under the current financial terms ..... "; and Republic Parking System requested a 20 per cent increase in the currant fee and advised that if the City did not agree to the increase, Republic Parking System was providing the City with the 90<lay notice of termination as provided for in the contract between the parties. It was further advised that the request of Republic Parking System for a fee increase cannot be considered, inasmuch as doing so would violate the entire purpose of the competitive sealed bidding method of procurement that was used to select Republic Parking System; and action, therefore, needs to be taken to secure management and operation services for the City's parking facilities by September 29, 1996, the data that the contract between the City and Republic Parking System will expire. 276 The City Manager recommended that Council determine that the competitive sealed bidding method of procuring management and operation services for the City's parking facilities is not practicable and/or fiscally advantageous because the method does not allow for an evaluation of the services to be provided by each potential offeror, to include, but not limited to, the quality of services to be provided, the responsiveness to customer complaints, the allocation of manpower, and like consideratiorm, all of which ars important to the management and operation of the City's perking facilities. Thersfors, the City Manager recommended that Council direct staff to proceed with securing such services utilizing the competitive negotiation method of procursment as provided for by law upon such determination. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: (~t33082-081996) AN ORDINANCE providing for the procursment of management and operation services for City owned perking facilities by competitive negotiation; and providing for an emergency. ACTION: (For full text of Ordinance, see Ordinance Book No. 59, page 71.) Mr. White moved the adoption of Ordinance No. 33082-081996. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None 0. BUDGET-TRAFFIC-BUILDINGSIBUILDING DEPARTMENT- GENERAL DISTRICT COURT-PARKS AND RECREATION-FIRE DEPARTMENT-REFUSE COLLECTION-SWIMMING POOLS-CMERP- WILLIAMSON ROAD PARKING GARAGE-FLEET MAINTENANCE FUND- COMMUNICATIONS DEPARTMENT-SNOW REMOVAL-EQUIPMENT- STREETS AND ALLEYS: The City Manager submitted a written rsport advising that the Prior Year Capital Maintenance and Equipment Replacement Program has identified certain operational needs for various City departments; and the following ia a list of items costing lees than $75,000.00: 277 Funds designated from Prior Year Capital Maintenance and Equipment Replacement Program General District Court pay window voice amplifier and electric security lock two new enow plows Solid Waste Mana~-ement one new car vision system for refuse truck one set floatation turf tires for tractor two portable watering tanks and pumps new lighting equipment for City swimming pools Fire three new front mount mobile radios 22 sections of fire hose self contained breathing apparatus operational equipment and supplies for fire trucks $1,8OO.0O $6,t00.00 $t,500.00 $4,958.00 $7,000.00 $10,000.00 $2,385.00 $5,747.00 $5,037.00 $35,279.00 278 " Buildin_o Maintsnanr;A remodel ladder bay of Fire Station No. 2 one flashing directional arrow sign projects to bring Williamson Road Parking Garage into compliance with City Code replacement of brush chipper $18,000.00 $5,000.00 $25,000.00 $17,253.00 Funds designated from Pdor Year Retained Eamings Account $21,294.00 $35,000.00 replacement of two police three wheeled utility vehicles replacement of cement truck by a used cement truck Total It was further advised that the City Manager, pursuant to authority designated by Council, may approve expenditures less than C7o5,00.0..00 on.c.e funds f.o.r the .e. xpenditures have bcc. n appropriated by uncp; and me abovehstad ,tams have either been bid or will be bid in accordance with the procurement section of the Code of the City of Roanoke (t979), as amended. -! 279 The City Manager recommended that Council appropriate $201,353.00, as follows: $145,059.00 from Prior Year General Fund Capital Maintenance and Equipment Replacement Program, as follows: $1,800.00 to General District Court, Account No. 001-070-2120-2030; $6,100.00 to Snow Removal, Account No. 001-052.4140-90t 5; $1,500.00 to Solid Waste Management, Account No. 001-052-4210-9015; $tl,958.00 to Parks and Grounds, Account No. 001-052-4340-9015; $t0,000.00 to Recreation, Account No. 001- 052-7110-9015; $2,385.00 to Communications, Account No. 00t 4)50.4130-2035; $46,063.00 to Fire Department, Account No. 001-950-32t 3-9015; $18,000.00 to Building Maintenance, Account No. 001-052-4330-3056; $5,000.00 to Streets and Traffic, Account No. 00t-052.4110-90t5; $25,000.00 to Williamson Road Parking Garage, Account No. 007-056-8220-2050; $17,253.00 to Fleet Management, Account No. 0174)52-2642-9010; 28O ACTION: $56,294.00 from Fleet Management Prior Year Retained Earnings, Account No. 017-052-2642-9010. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33083-081996) AN ORDINANCE to amend and reordain certain sections of the. 1.9.96-97 General, T..ransportetion, and Fleet Management Fund Appropriations, and provid,ng for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 72.) Mr. Trout moved.the adoption of Ordinance No. 33083-081996. The motion was seconued by Mr. Harris and adopted by the following vote: · AYES: Council Members Trout, INhite, INyatt, Harris, Parrott, Swa,n and Mayor Bowers- 7. NAYS: None 0. BUDGET-PURCHASE/SALE OF PROPERTY-BONDS/BOND ISSUES-CITY PROPERTY-CITY EMPLOYEES-MUNICIPAL BUILDING- CAPITAL IMPR.O..VEMEN.T.S PROGRAM-JE. FFERSO. N CENTER: The City Manager eubm,ttad a written report advis,ng that m September 1994, a plan was .d. eveloped to address the Employee Parkin Reco. mm.e.nda, tion; the Employee Parking Plan addressed the n acquire ,o. tn clo~, proximity to the Municipal Complex an~="th~ Jefferson Center to serve aa space for employee parking and Jefferson Center functions; four parcel.s have been acquired to date; Public Improvement Bond 19.96 designated $1.0 milli.o.n to the Employee Parking Plan for acq.umition of property, demolition of structures (if necessary}, appropriate grading, and beautification of employee parking areas; and authorization b,, Cou--=, ,- ,-- .... - to allow for continuation of the E~lploy~'l~Urk~--an;Spll~:nm. n(ls is needed The City Manager recommended that Council transfer $500.,000.00 from Capital Improvement Account No. 008-052-9701-919 Public Improvement Bond 1996 - E,,-.'----- ,- ....... 2, - . ,,,~,,~,~'~,~ ran(lng tO I:mployee Parking, Account No. 008-056-9698 9050. (For full text, see report on file in the City Clerk's Office.) 281 ACTION: Mr. Trout offered the following emergency budget ordinance: (#33084-081996) AN ORDINANCE to emend and reordain certain sections of the 1996-97 Capital Projects Fund Appropriations, and providing fur an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 75.) Mr. Trout moved the adoption of Ordinance No. 33084-081996. The motion was seconded by Mr. Swain and adopted by the following vota: AYES: Council Members Trout, Whita, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None 0. Vice-Mayor Wyatt expressed concem with regard to the safety of certain City employees whose workshift ends et 11:00 p.m., and walk to the City Employee Parking Lot on Luck Avenue, S. W.; whereupon, with the concurrence of Council, the Mayor advised that the matter would be referred to the City Manager fur approprieta response. ANIMALS/INSECTS-FEE COMPENDIUM: The City Manager submiti~d a written report advising that the Society for the Prevention of Cruelty to Animals (SPCA) has provided specs and staff support for the City Animal Pound on a c.ontractual basis since 1979; on September 21, 1994, the City authorized renewal of the contract with the SPCA, which contract set furth a daily boarding fee charged to the City by the SPCA of $6.00 per animal/per day; and the present boarding fee assessed by the City for impounded dogs and ceta is $5.00 per animal/ per day. It was further advised that the present fee of $6.00 per animal/per day does not cover expenses incurred by the SPCA to provide boarding, health cars, administrative costs, and drugs fur animal euthanasia; the effective date of the rate increase from $6.00 to $7.75 for a daily boarding fee for impounded animals is September 1, 1996; and the SPCA's boarding fee charged to the City should be equal to the boarding fee charged by the City to owners of impounded dogs and cats, or the City will be subsidizing the boarding cost paid by pet 282 ACTION: The City Manager recommended that Council authorize an amendment to the present SPCA contract to provide a rate increase from $6.00 par ammal/par day to $7.75 par animal/per day; and that the Director of Finance be authorized to amend the City's Fee Compandium to increase the impoundment boarding fee from the present $5.00 par animal/per day to $7.75 per animal/par day. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (g33085-081996) A RESOLUTION providing foran amendment to the agreement between the City of Roanoke and the Roanoke Valley Society for the Prevention of Cruelty to Animals ("SPCA") to increase the impoundment boarding fees charged by the SPCA; and directing an amendment of the Fee Compandium. (For full text of Resolution, see Resolution Book No. 59, page 76.) Mr. Trout moved the adoption of Resolution No. 33085-081996. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowere 7. NAYS: None BUDGET-HUMAN DEVELOPMENT-GRANTS-YOUTH-SCHOOLS: The City Manager submitted a written report advising that the U. S. Department of Agriculture (USDA) solicited applications from municipalities to participate in the 1996 Virginia Summer Food Service Program; and the purpose of the Program is to provide nutritionally balanced, healthy meals to children, ages 1 through t8, of Iow-income families at designated sites within the City during the summer months of 1996. It was further advised that the grant application for the Food Service Program was prepared by the Office on Youth on behalf of the City of Roanoke for consideration by the USDA for the funding period June 17, 1996 through August 31, 1996; approximately 130 breakfast 283 ACTION: and 770 lunch daily meals have been prepared at 15 specific silts; approximaltly 23,850 meals have been provided to dalt; and cost projections from the U. S. Department of Agriculture funding totals $151,169.89, with a cost to the City of Roanoke of $15,245.00. The City Manager recommended that Council concur in the following actions: endorse the application submitted; accept ttm subsequent grant award and authorize the City Manager to execult all documents necessary to accept the grant from the U. S. Department of Agriculture in an amount not to exceed $151,169.89; authorize the Director of Human Development to negotialt and execult a contract for food service with Roanoke City Schools, approprialt inltrdepa,;,,,ent agreements with Parks and Recreation and the Department of Social Services, and agency agreements with Roanoke Redevelopment and Housing Authority and Total Action Against Poverty, all agreements and contracts to be in a form to be approved by the City Attorney; and appropriate $151,169.89 in Federal grant funds and transfer $15,245.00 from General Fund Account No. 00t- 054-t270-2010 to accounts to be eeltbllshed in the Grant Fund by the Director of Finance. (For full ltxt, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33086-081996) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Grant and General Fund Appropriations, and providing for an emergency. (For full ltxt of Ordinance, see Ordinance Book No. 59, page 77.) Mr. Trout moved the adoption of Ordinance No. 33086-081996. The motion was seconded by Mr. Swain and adopltd by the following vote: 284 ACTION: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: Nono 0. Mr. Trout offered the following resolution: (~33087-081996) A RESOLUTION endorsing the grant application made on behalf of the City of Roanoke to Ute United States Department of Agriculture for the 1996 Summer Food Service Program, accepting the subsequent grant award, and authorizing execution of the necessary documents in connection with the grant and the negotiation and execution of the appropriate intersgency agreements. (For full text of Resolution, see Resolution Book No. 59, page 78.) Mr. Trout moved the adoption of Resolution No. 33087-081996. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None 0. BUDGET-HUMAN DEVELOPMENT-GRANTS-FDETC: The City Manager submitted a written report advising that the Fifth District Employment and Training Consortium administers the Federally funded Job Training Partnership Act (JTPA) for the F:;G, Planning District; the Conso~um serves eligible residents in the Counties of Alleghany, Botatourt, Craig and Roanoke, as well as the Cities of Clifton Forge, Covington, Roanoke and Salem; the Consortium serves two primary client populations, i.e.: economically disadvantaged and dislocated workers; and the City of Roanoke is the grant recipient for Consortium funding, and Council must appropriate funding for all grants and other monies received by the Consortium. It was further advised that the Governor's Employment and Training Department (GETD) has sent to the Consortium Notices of Award and adjustments for programs which include on-the-job training, work experience, job related education, classroom training, job placement activities, and remedial education in the following amounts: 285 ACTION: Title II-A (Adults - ages 22 and over) $364,334.00 Title II-C (Youth - ages t6 through 21) $ 64,801.00 Title III-F (Dislocated Workers) $246,999.00 It was explained that the Virginia Employment Commission has notified the Fifth District Employment and Training Consortium of the approval of a request for $338,550.00 to operate a Govemor's Regional Project for rmcel year 1997, which funds will be used to serve displaced workers; Council approved development of Community Development Block Grant (CDBG) Contracts for Services on July 14, 1996; and the following grants were authorized for the Consortium: Opportunity Knocks - Operation Bootstrap - Business Training Initiative - Part I - Business Training Initiative - Part 2 - $15,618.00 $ 8,466.OO $3O,OOO.OO $19,941.00 The City Manager recommended that Council appropriate the Fifth District Employment and Training Consortium's funding totalling $1,078,709.00, and increase the revenue estimate by $1,078,709.00 in 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.) Mr. Trout offered the following emergency budget ordinance: (~33088-081996) AN ORDINANCE to amend and reordain certain sections of the t996-97 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 79.) Mr. Trout moved the adoption of Ordinance No. 33088-081996. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None-. 0. 286 ACTION: BUDGET-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The City Manager submitted a written report a..dvising that Council authorized sstablishment of an Agency Fund enfitied, "Hotel Roanoke Conference Center Commission", on July 27, 1992; the proposed operating budget for the Hotel Roanoke Conference Center Commission must be approved by Council and Virginia Polytechnic Institute and State University Board of Visitors prior to the City and Virginia Tech being required to provide funding as per Section 21B and C of the Hotel Roanoke Conference Center Commission Act, with operating subsidies to be equally divided between the City and Virginia Tech; on ~pril 22, 1996, Virginia Te~..h approved its subsidy of $175,000.00, and on May 13, 1996, Councd adoptmJ the City of Roanoke General Fund Budget, which included the City's subsidy of $175,000.00. The City Manager recommended that Council approve the Hotel Roanoke Conference Center Commission operating budget for fiscal year 1996-97; appropriate $350,000..0.0 to Conference Center agency fund accounts as ssteblished by the D~ractor of Finance for Conference Center administration support and other expenses; and establish revenue estimates of $175,000.00, each, for City and Virginia Polytechnic Institute and State University contributions. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~33089-081996) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Hotel Roanoke Conference Center Commission Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 84.) M.r. Parrott moved the adoption of Ordinance No. 33089-0819.96. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Membere Trout, t~hite, Wyatt, Harris, Parrott, Swain and Mayor Bowar~ 7. NAYS: None Mr. Parrott offered the following resolution: t ACTION: (//330904)81996) A RESOLUTION approving the annual operating budget of the Hotel Roanoke Conference Center Commission for Fiscal Year t996-t997. (For full text of Resolution, see Resolution Book No. 59, page 86.) Mr. Parrott moved the adoption of Resolution No. 33090-081996. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Perrott, Swain end Mayor Bowers.. 7. NAYS: Nono 0. DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitled the unaudited financial report for the City of Roanoke for fiscal year 1995-96, advising that General Fund revenues for fiscal year 1996 total $150,539,149.00; collections exceeded the revenue estimate 1.99 per cent, or $2,936,971.00; General Fund expenditures and encumbrances totaled $162,129,646.00; unencumbered appropriations were $2,177,622.00, or 1.43 per cent, of the General Fund budget; School Fund revenues for fiscal year 1996 total $89,829,723.00; collections exceeded the revenue estimate by 0.54 per cent, or $482,290.00; School expenditures and encumbrances totaled $92,054,921.00; unencumbered appropriations were $453,541.00, or 0.49 per cent, of the adopted School Fund budget; and fiscal year 1996 year end designated fund balances for Capital Maintenance and Equipment Replacement (CMERP) for the General Fund and School Fund, pursuant to Ordinance No. 26292 are as follows: c~y General Fund O~emtJone Local Tax Revenues Over Estimate $ 2,007,013.00 Local Tax Revenues Under Estimate ( 282,775.00) Unexpended Appropriations 2,177,622.00 School $1,212,734.00 School Fuqd Revenues Over Estimate Unaxpended Appropriations 482,291.00 453,541.00 Fund Balance Transfers 287 288 ACTION: Reserve for Un4imured Claims $ (250,000.00) $ - Re~erve for Worker~' Comp Claims - (16.194.00) Capital Maintenance and Equipment Replacement Funding Available It was further advised that the amounts shown above for fiscal year 1996 ars ~ and ars subject to change during the course of the City's annual external audit; unaudited financial statements ars provided for planning purposes; and the amounts may change slightly during the course of the external audit; revenue estimates from all sources total $147,602,175.00, while actual collections totaled $150,639,t46.00; total General Fund revenues collected exceeded the estimate by 1.99 per cent; some of the most anxiously awaited information at year end is the amount of designated funding for the Capital Maintenance and Equipment Replacement Program (CMERP); on December 6, 1982, Council adopted Ordinance No. 26292 establishing a reserve of General Fund balance for CMERP; computed pursuant to Ordinance No. 26292, CMERP for fiscal year 1996 for schools totals $1,212,734.00 and $3,651,860.00 for the City, or 2.37 per cent of General Fund appropriations; and the following allocation has been calculated based on the Revenue Allocation model uesd for the adopted budget: General Fund Designated Fiscal Year 1996 CMERP City Operations School Operations It was explained that School Board operations ars accounted for in a separate fund; the amount of CMERP designated in the School Fund totals $919,638.00; therefore, total CMERP available to the Schools in both the General Fund and School Fund is $2,132,372.00 ($t,212,734.00 and $919,638.00), or 2.59 per cent of School Fund appropriations. (For full text, see rsporta on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the rsporta would be received and filed. 289 CITY ATrORNEY: CIRCUIT COURT-COURTS FACILITY: The City Attorney submitted a written report advising that an unhung portrait of Judge W. G. Robertaon has bccn in storage at the Roanoke City Courthouse for over tan years; Judge Robertson sewed aa the first judge of the Hustings Court for the City of Roanoke from 1884 to t892; and another portrait of Judge Roberlson hangs with the port~ita of previous members of the local judicis~y. It was further advised that, recently, descendants of Judge Robertson have indicated that they would be intarested in taking possession of the unused portrait, assuming that neither the City nor any local historical society has any intarest in hanging it and displaying it; and current judgss of the Twenty-Third Judicial Circuit, the Roanoke Bar Association, the Roanoke Valley Historical Society and the City Manager have all consentad to returning the portrait of Judge Robertaon to a representative of his family. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following rssolut~on: (~33091-081996) A RESOLUTION concurring in the return of an unused portrait of Judge W. G. Robertson to a representative of his descendants. (For full taxt of Resolution, see Resolution Book No. 59, page 86.) ACTION: Mr. Trout moved the adoption of Resolution No. 33091-081996. The motion was seconded by Mr. Swain and adopted by the following vota: AYES: Council Members Trout, Whita, Wyatt, Harris, Parrott, Swain and Mayor Bowers .... 7. NAYS: None 0. 290 ACTION: REPORTS OF COMMITTEES: BUDGET-SEWERS AND STORM DRAINS-FLOOD REDUCTION/ CONTROL-WATER RESOURCES-STREETS AND ALLEYS: Council Member Parrott, Chairpereon of the Bid Committae, presented a written report on behalf of the Committee, in connection with bids received by the City for construction of the Garden City Sewer Replacement Project GC-I, which is a part of the City's ongoing infiltration/inflow program aa required by Special Consent Order dated August 10, 1992; and recommended that Council concur in the following actions: authorize the City Manager to execute a unit price contract with Prillaman & Pace, Inc., for the Garden City Sewer Replacement Project GC-1, in the amount of $337,416.00, with a project contingency of $34,000.00, and $5,000.00 for interfund billing for contract administration and inspection; appropriate $376,416.00 from Sewer Fund Retained Earnings to a new account established by the Director of Finance in the Sewer Fund entitied, "Garden City Sewer Replacement GC-1; 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: (~33092-081996) AN ORDINANCE to amend and reordain certain sections of the t996-97 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 88.) Mr. Parrott moved the adoption of Ordinance No. 33092-081996. The motion was seconded by Mr. Swain and adopted by the following vote: 291 AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain end Mayor Bowers 7. NAYS: Non= O. Mr. Psrrott offered the following emergency ordinance: (~33093-081996) AN ORDINANCE accepting the bid of Prillaman & Pace, inc., for the Garden City Sewer Replacement Project GC-1, upon certain terms and conditions, end awarding · contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting ell other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 89.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 33093-081996. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, i Swain and Mayor Bowers 7. NAYS: None 0. Vice-Mayor Wyatt requested that the City Manager take appropriate measures to notify Garden City residents that the Garden City Sewer Replacement Project GC-1 will have no impact on the Garden City Flood Control Project. BUDGET-PUBLIC WORKS-WATER RESOURCES: Council Member Parrott, Chairperson of the Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for exterior and interior water tank painting of the Grandin Court No. 3 and Hollins water tanks; and recommended 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 Municipal Tank Coating & Sandblasting, Inc., for exterior and interior water tank painting of Grandin Court 292 No. 3 and Hollina water tanks, in accordance with contract documents as prepared by the Office of the City Engineer, in the amount of $98,700.00 and 75 consecutive calendar days to complete the work; authorize the Director of Finance to appropriate $25,000.00 from Water Fund Retained Earnings Account No. 002-3336 and transfer $80,000.00 from Tank Painting, Account No. 002,056-2178-9028, for a total of $105,000.00, to a new Water Fund capital account to be established by the Director of Finance; and reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the committee. ACTION: (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~33094-081996) AN ORDINANCE to a .mend and reordain certain sections of the 1996-97 Water Fund Appropriations, and providing for i an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 90.) Mr. Parrott moved the adoption of Ordinance No. 33094-081996. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Membere Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowere 7. NAYS: Non: O. Mr. Parrott offered the following resolution: (~33095-08t996) A RESOLUTION accepting the bid for exterior and interior painting of certain water tanks by Municipal Tank Coating & Sandblasting, Inc., upon certain terms and conditions, and awarding 293 a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made for such items. (For full text of Resolution, see Resolution Book No. 59, page 91.) ACTION: Mr. Pawott moved the adoption of Resolution No. 33095-081996. The motion was seconded by Mr. Swain end adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None 0. The Mayor recognized the service of M. Craig Slues, Manager, Water Depa,:.~ent, who will retire on September 1, 1996, and presented Mr. Slues with a City Seal Paper Weight. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PURCHASE/SALE OF PROPERTY-CITY PROPERTY4NDUSTRIES- ECONOMIC DEVELOPMENT: Ordinance No. 33062 authorizing execution of an agreement with Orvis Co., Inc., for the sale of approximately 13.19 acres of City-owned land within the Roanoke Centre for Industry and Technology, for the sum of $78,150.00, upon form approved by the City Attomey, and as set forth in a report to Council dated August 5, 1996, having previously been before the Council for its first reading on Monday, August 5, 1996, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#33062-081996) AN ORDINANCE authorizing execution of an agreement with Orris Company, Inc., for the sale of approximately 13.19 acres of City-owned land within the Roanoke Centre for Industry and Technology and authorizing execution of the requisite d¢=d conveying such property. (For full text of Ordinance, see Ordinance Book No. 59, page 60.) 294 ACTION: ACTION: Mr. Trout moved the adoption of Ordinance No. 330624)81996. The motion wes seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swein and Mayor Bowers 7. NAYS: None 0. OATHS OF OFFICE-COMMITrEES-INDUSTRIES: Mr. Parrott offered the following resolution appointing Lynn D. Avis as a Director of the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, to fill the remaining portion of the four year term of John J. Butler, resigned, which commenced on October 21, 1995, and will expire on October 20, t999: (~330964)81996) A RESOLUTION appointing a Director of the Industrial Development Authority of the City of Roanoke, to fill the remaining portion of a four (4) year term on its Board of Directors. (For full text of Resolution, see Resolution Book No. 59, page 91.) M.r. Parrott moved the adoption of Resolution No. 330964)81996. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Swain and Mayor Bowers NAYS: None MOTIONS AND MISCELLANEOUS BUSINESS: None. Council Members Trout, White, Wyatt, Harris, Parrott, 7. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 6:05 p.m., the Mayor declared the meeting in recess until 7:00 p.m. 295 At 7:00 p.m., the Roanoke City Council meeting reconvened in the Council Chamber, 2t5 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendanoa, Mayor Bowers presiding: PRESENT: Council Members James O. Trout, Willlsm White, Sr., Linda F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain and Mayor David A. Bowers 7. ABSENT: None OJ OFFICERS PRESENT: Wo Robert Herbert, City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grieeo, 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. COUNCIL-DECEASED PERSONS: Mr. White offered the following i resolution memorializing the late H.o. ward E. Mueeer, a former Vice- Mayor and Member of the Roanoke City Council, who passed away on August 8, 1996: (~33097-081996) Howard E. Musser. A RESOLUTION memorializing the late (For full text of Resolution, see Resolution Book No. 59, page 92.) ACTION: Mr. White moved the adoption of Resolution No. 33097-081996. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None 0. 296 ACTION: HEARING OF CITIZENS UPON PUBLIC MATTERS: ! APPALACHIAN POWER COMPANY-TAXES-UTILITIES: Mr. -~ James L. Cross, Jr., 3815-2 Stratford Park Drive, S. W., appeared before Council and expressed concern with regard to the City's 12 per cent utility tax on electricity from June through September, the peak period for air conditioning use, and requested that the City study the matter in view of the fact that there am citizens who cannot afford to pay the tax. Following discussion of the request and without objection by Council, the Mayor advised that the remarks of Mr. Cross would be received and filed. 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 19, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of CSW Associates that a tract of land located on the northerly side of Les Highway and the westerly side of Aerial Way Drive, S. W., containing 16.30 acres, identified as a portion, of Offic!al Tax No. 5200.122, ,be rezo.ned .fr. om LM, Light Manufacturing District, to RM-2, Residential Multi-fam,ly, 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 on Friday, August 2, t996, and Friday, August 9, 1996, and in the ~ on Thursday, August 8, 1996. (See publisher's affidavits 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 undeveloped property, which comprises 16.3 acres of the 27.15-acre parcel of land, into a zoning district classification permitting the construction of a 100-unit aparb,,ent and townhouse development as an expansion of Stratford Park Apartments, was before Council. 297 The Planning Commission recommended approval of the request for rezoning, and advised that multi-family residential usss.am .m..ore feasible for this sits than light industrial uses and that the s,ts mil be appropriately developed. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Trout moved that the following ordinance be placed upon its first reading: (~33098) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (t979), as amended, and Sheet No. 520, 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. 59, page 94. The motion was seconded by Mr. Swain. Patricia L. Miley, Agent for CSW Associates, appeared before Council in support of the request for rezoning. I The Mayor inquired if there were persons would like pmeen.t who to address Council with regard to the request for rezon,ng; whereupon, Anthony Petsrson, 1551 Welsley Street, N. W., expressed concern with regard to the economic infrastructure of Roanoke City, and urged that Roanoke's manufacturing base not be discouraged; whereupon, John R. Marlles, Chief, Planning and Community Development, advised that the rezoning request was reviewed by Economic Development staff and it was found that the parcel of land in question was not considered to be valuable for industrial purposes due to its terrain. No other persons wishing to be heard, Ordinance No. 33098 was adopted on its first reading by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers NAYS: None 0. 298 ZONING: Pursuant to Resolution No. 25523 adopted by the Cou..ncil on Monday, April 6, t981, the City Clerk having advertised a publ,c hearing for Monday, August 19, 1996, st 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the Roanoke Valley Society for the Prevention of Cruelty to Animals that a tract of land consisting of approximatoly four acres, located off of Lynn Brae Drive, N. E., and Routo 460, identified ss Official Tax Nos. 7150106 and 7150111, be rezoned from C-2, General Commercial District, and LM, Light Manufacturing District, to HM, Heavy Manufacturing District, subject to certain conditions proffered by the petitioner; and that existing proffered conditions applicable to Official Tax No. 715011t be repealed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 2, 1996, and Friday, August 9, t996, and in the ~ on Thursday, August 8, t996. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to allow the property to be used .for a new animal shelter for the SPCA; at present, the existing shelter ~s located, at 1313 Eastern Avenue, S. E., which is in the 100-yesr floodplain, and the current facility includes the Roanoke City Pound, which is not proposed to be included in the new facility, was before Council. ACTION: The Planning Commission recommended denial of the request for rezoning, and advised that there was strong opposition to the use of the property for an animal shelter, both by the Wildwood Civic League and several adjacant property owners; based upon information presented, the proposed use of the property for an animal shelter could adversely effect existing businesses in the area; residents and property owners have expressed concern with regard to noise, odor, rodents, loss of valuable commercial and industrial land, and the general suitability of an animal sheltor at this location (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the following ordinance be placed upon its first reading: 299 AN ORDINANCE to amend Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 715, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and to remove certain conditions presently binding upon certain property previously conditionally zoned LM, Light Manufacturing District. The motion wee seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council in connection with the request for rezoning. In view of the absence of Edward A. Natt, Attorney, representing the petitioner, Linda McGary, Vice President, Roanoke Valley Society for the Prevention of Cruelty to Animals requested that the matter be referred back to the City Planning Commission for further consideration, pursuant to a request of Mr. Natt contained in a communication to Council under data of July 26, 1996. Donald N. Helms, 2406 Richard Avenue, N. E., advised that the I SPCA is a creditable and provides an important function, o~anization therefore, he is not anti-SPCA; however, there are many organizations that fit this criteria and they are located in areas that enhance their benefit to the citizens of the Roanoke community. He stated that his opposition to the proposed location is due to its incompatibility with other businesses located in the area, especially restaurante, grocery stores, and a child care facility. He further stated that if request for rezoning is approved, it will be only a short period of time before the animal pound is moved from its present location to the new facility on Esstem Avenue. In summary, he stated that the SPCA should select a more compatible site, and the City would do a great disservice to revenue producing businesses in the Route 460 area if the request for rezoning is approved. Roy N. Stroop, President, Wildwood Civic League, 723 Mecca Street, N. E., expressed concern on behalf of the civic league and residents of the area. He advised that from 3402 Orange Avenue to 3530 Orange Avenue, there are eight eating establishments, banks and churches, a number of businesses and a day care center, and although the SPCA is an honorable business, it should not be located in the 300 same area where commercial businesses and churches are located. He stated that s.s. soon as the property is rezoned, it is believed that the dog pound will be moved to the same facility. He added that the SPCA has not guaranteed residents that there will be no odor or noise from the facility, and expressed concern as to how much odor 500 - 600 animals will generate because it has bccn reported that the ventilation system will recirculate only 58 per cent of the air. He urged that Council deny the request for rezoning. Mr. Roby H. Patrick, Route 3, Box 334, Monete, Virginia, property owner and developer of 16 acres of land adjacent to the proposed site, expressed opposition to the request for rezoning. He stated that the matter has been pending for fan months and has been deferred on a number of occasions to allow the SPCA sufficient time to prepare its case. He advised that he has prospective tenants for vacant property on Route 460 who are waiting for the outcome of Council's decision on the rezoning, and these prospective tenants and/or buyers advise that they are not interested in the area if the dog pound or animal shelter is allowed to locate along this commercial strip of Route 460. He stated that some time ago, the City made a decision that approximately one mile of Route 460E on both sides of the roadway would be given protection by the City for commercial zoning which has allowed retail establishments to open commercial operations and because of.their I trust in the City, merchanfa have mvssted, expanded and thrived ,n an orderly business environment. He added that if the razoning is approved, it would ssta precedent for spot zoning of a commercial area to heavy manufacturing, and expressed concem with regard to noise, odor, and the traumatic effect on children in the area when they learn that animals are being destroyed at the facility. Ray Robinson, Sr., 1524 Patrick Road, N. E., expressed concern that if the rezoning is approved, it will be only a short period of time before the dog pound is also moved to the facility. He also expressed concern with regard to odor, noise, and rodents. He advised that his home is within approximately 600 feet of the proposed facility, and another location should be identified that would not be as controversial to as many businesses and residents, and asked that Council vote to deny the request for rezoning and thus resolve the issue this evening. The Reverend Thomas E. Plsssanta, 1526 Grayson Avenue, N. W., Pastor, Mount Moriah Baptist Church, which is located in close proximity to the proposed animal shelter expressed concern with 301 regard to outside summer activities at the church which could be disrupted by odor from the fa.c.i!ity. On behalf of Mount Moriah Baptist Church, he expressed opposition to the request for rezoning. Mildred K. Peters, 2745 Orange Avenue, N. E., expressed concern with regard to increased traffic, and advised that it has been reportsd that the proposed facility could generate as much as 60 - 100 additional vehicles per day which will be added to an already bed traffic situsUon. E. Alexander, Execu'dve Director, Roanoke Valley Society for the Prevention of Cruelty to Animals, advised that he understands the concerns of residents and asked that Council refer the matter back to the City Planning Commission for further consideration. He stated that after conferring with representatives of 33 business along the Route 460 corridor, 29 are in favor of the rezoning and four are against, and called attention to a petition signed by 1,600 persons residing in the La Belle View Subdivision in favor of the rezoning. Mr. Stroop pointed out that the La Belle View Subdivision is located in Roanoke County, and County residents should not have the i right to voice concerns regarding City matters. Ms. Deidra Martin, 703 Suburban Avenue, S. W., advised that numerous businesses in the area already add to the traffic problem. She pointed out that the proposed facility will have no outside dog runs, therefor, odor and noise should not be a problem. Vice-Mayor Wyatt spoke in support of providing an opportunity for interested parties to come together and resolve the issues and recommended that the matter be referred back to the City Planning Commission in an effort to negotiate a compromise. Inasmuch as the matter has been pending since December 1995, Mr. Parrott questioned whether there is new information to be presented, and expressed concern with regard to economic issues facing property owners and businesses in the area, therefor, he called for the question. The motion was seconded by Mr. White and adopted, Council Members Trout, Wyatt and Mayor Bowers voting no. The ordinance rezoning the property was then lost by the following vote: 3O2 AYES: Vice-Mayor Wyatt and Mayor Bowers NAYS: Council Members Trout, White, and Swein Harris, Parrott OTHER HEARINGS OF CITIZENS: HUMAN RESOURCES: Mr. White addressed the issue of welfare reform and the .need for additions! day c. are services. He advised that he was particularly interested in helping those persons who have been pest recipients of welfare to become entrepreneur day care operators. The City Manager explained that the private sector is looking at "for profit" day cars operators, and stated that the City has already funded some of the programs through the Small Business Start-Up Program. ACTION: ACTION: At 8:25 p.m., the Mayor declared the meeting in recess. At 9:25 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With rsspectte the Executive Ssssion just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (t) only public business matters lawfully exempted from open meeting requiramente 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. Harris and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott' Swain and Mayor Bowers 7. NAYS: None 0. COMMITTEES-COUNCIL-REFUSE COLLECTION: Earlier in the meeting, Council concurred in a recommendaiton of Council Member Trout that Council appoint an ad hoc committee consisting of four Members of City Council and three members of the City Administration 303 to explore solid waste collection and disposition issues and report to I Council. It was the consensus of Council that Council Members Parrott, Swain, Trout and White would be appointed as Council's representatives and that the City Manager be requested to appoint three members of the City Administration to serve on the ad hoc study committee. OATHS OF OFFICE-COMMII'I'EES-HOUSINGIAUTHORITY: The Mayor advised that there is a vacancy on the City of Roanoke Redevelopment and Housing Authority created by the resignation of James O. Trout, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Joseph F. Lynn. There being no further nominations, Mr Lynn was electod as a Commissioner of the City of Roanoke Redevelopment and Housing Authority to fill the unexpired term of James O. Trout, resigned, ending August 31, t999, by the following vote: ACTION: FOR MR. LYNN: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. I OF OFFICE-COMMI'I-rEES-HUMAN The OAT. HS .DEVELOPMENT: Mayor advrsed that there is a vacancy on the Adv,sory Board of Human Development created by the resignation of Elizabeth H. Fetter, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Lular R. Lucky. There being no further nominations, Ms. Lucky was elected as a member of the Advisory Board of Human Development, for a term ending November 30, t999, by the following vote: ACTION: FOR MS. LUCKY: Council Members Trout, White, Wyatt, Harris, Parrott, Swain 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 resignation of Acree Hayes, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Katheryn R. Hale. 304 There being no further nominations, Ms. Hale was elected as a member of the Fair Housing Board to fill the unexpired term of Acres Hayes, resigned, ending March 31, 1997, by the following vote: ACTION: FOR MS. HALE: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers. 7. There being no further business, the Mayor declared the meeting adjourned at 9:30 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 305 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL September 3, 1996 t2:30 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 Tuesday, September 3, 1996, at 12:30 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, ~ of Sec§on 2-15, ~ Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William White Sr., Carroll E. Swain, James O. Trout and Mayor David A. Boware 4. ABSENT: Council Members C. Nelson Harris, John H. Parrott and Vice-Mayor Linda F. Wyatt 3. OFFICERS PRESENT: Wilburn C. Dibling, Jr., City Attorney; James D. Grieso, Director of Finance; and Mary F. Parker, City Clerk. i At 12:35 p.m., the Mayor declared the meeting in recess. At 12:40 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room t59, Municipal Building South, with the following Members of Council in attendance, Mayor Bowers presiding. CITY COUNCIL MEMBERS PRESENT: William White, Sr., John H. Parrott, Carroll E. Swain, James O. Trout and Mayor David A. Bowers 5. COUNCIL MEMBERS ABSENT: C. Nelson Harris and Vice-Mayor Wyatt 2. CITY PLANNING COMMISSION MEMBERS PRESENT: John P. Bradshaw, Jr., Barbara N. Duerk, D. Kent Chrisman, Melvin L. Hill, Richard L. Jones and Carolyn H. Coles, Chairperson. OTHERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; ~,lbum C. Dibling, Jr., City Attorney; James D. Grieso, Director of Finance; Mary F. Parker, City Clerk; Steven J. Talevi, Assistant City Attorney; John R. Marlles, Chief, Planning and Community Development; and Martha P. Franklin, Secretary, City Planning Commission. 306 COUNCIL~OMMUNITY PLANNING-ZONING-VISION STATEMENT: The Mayor advised that Council was pleased to meet with the City Planning Commission to discuss matters of mutual intereet and concern. Council Member White presented Council's draft Vision Statement. (See draft Vision Statement on file in the City Clerk's Office.) Ms. Coles reviewed the role of the City Planning Commission. (See report on file in the City Clerk's Office.) John R. Marilee, Agent, City Planning Commission, presented a summary of procedures and authority of boards, commissions, and selected officials involved in development review and approval. (See report on file in the City Clerk's Office.) Mr. Bradshaw, Chair, Ordinance and Names Subcommittee, presented information on the City Planning Commission's procedure with regard to naming public facilities. Mr. Jones reviewed the rezoning process, which is considered to be the most controversial service performed by the City Planning Commission. There being no further business, the Mayor declared the meeting in recess at 1:50 p.m., to be reconvened at 2:00 p.m., in the City Council Chamber. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 1:50 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., the regular meeting of Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members William White, Sr., C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, Linda F. Wyatt (arrived at 3:40 p.m.) and Mayor David A. Bowers ... 7. ABSENT: None ..... 0. ,I 307 OFFICERS PRESENT: W. Robert Herbert, City Manager; Jame~ D. Ritchie Sr A.ssiatant City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Gri~s~', D,rector of Finance; and Maw F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend James E. Cook, Associate Pastor, Trinity Missionary Baptist Chumh. 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 mattem 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 two requests for Executive Session to discuss legal matters requiring the provision of legal advice by counsel, specifically the interpretation of loan documents and consideration of enforcement actions to collect a debt owed to the City; I and to d!scuss personnel mattem with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. ACTION: MINUTES: Minutes of the regular meetings of Council held on Monday, June 3, 1996, and Monday, June 17, 1996, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) Mr. White moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Wl~ite, Harris, Parrott, Swain, Trout and Mayor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt had not entered the meeting.) 308 ACTION: ACTION: COMMITTEES-COUNCIL: A communication from Mayor David A. Bowere requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authod'dss, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Cede of Virginis (1950), es amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Mayor Bowers 6. NAYS: None ,,, 0. (Vice-Mayor Wyatt had not entered the meeting.) CITY MANAGER-COUNCIL: A report of the City Manager requesting that Council meet in Executive Session to discuss legal matters requiring the provision of legal advice by counsel, specifically the interpretation of loan documents and consideration of enforcement actions to collect a debt owed to the City, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the City Manager to convene in Executive Session to discuss legal matters requiring the provision of legal advice by counsel, specifically the interpretation of loan documents and consideration of enforcement actions to collect a debt owed to the City, pursuant to Section 2.1-344 (A)(7)), Cede of Virginia (1950), as amended. The motion was seconded by Mr. Trout and adopted by the following vote: i 309 AYES: Council Membere White, Harris, Parrott, Swain, Trout and Mayor Bowam 6. NAYS: None 0. (Vice-Mayor Wyatt had not entered the meeting.) COMMITTEES-COUNCIL-HENRY STREET REVIVAL COMMII'I'EE: A communication from Mayor David A. Boware with regard to the Henry Street Revival Committee, expressing regret at the resignation of Dr. Noel C. Taylor as Chairman and member of the Henry Street Revival Committee, advising that the important work of the Committee is near completion and must go forward, and proposing the following plan of action for the immediate future, was before Council. The Mayor advised that he will serve as Interim Chair of the Committee; the Committee will conduct the three public meetings (two remaining) that have bccn scheduled to obtain public comment on the draft Henry Street Land Use Plan; upon completion of the public meetings, John Marllee will prepare a report for the Committee setting forth a suggested response of the Committee to the Plan in light of i public comments; the C..ommittee will meet at 3:00 p.m. on October 30, 1996, in the City..Counc,! Confem. nc., Room to consider the draft report; and the Comm,ttee wdl subm,t ~ta final report to City Council on November 18, 1996, at 7:00 p.m. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. White moved that the communication be received and filed. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Mayor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt had not entered the meeting.) OATHS OF OFFICE-COMMITTEES-PENSIONS-HOUSING/ AUTHORITY-YOUTH-ROANOKE ARTS COMMISSION: The following reports of qualification were before Council: 310 ACTION: Martha P. Franklin as a Trustee of the City of Roanoke Pension Plan, Board of Trustees, for a term ending June 30, 2000; Joseph F. Lynn as a Commissioner of the City of Roanoke Redevelopment and Housing Au~ority to fill the unexpired term of James O. Trout, resigned, ending August 31, t 999; J. Stephen Shepard as a member of the Youth Services Citizen Board for a term ending May 31, 1999; and Mary S. Nssl as a member of the Roanoke Arts Commission for a term ending June 30, 1999. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. Wltite moved that the reports of qualification be received and filed. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Mayor Bowers 6. ~ NAYS: None .... 0. (Vice-Mayor Wyatt had not entered the meeting.) HEARING OF CITIZENS UPON PUBLIC MATTERS: None. OTHER HEARINGS OF CITIZENS: COMPLAINTS-TRAFFIC-STATE HIGHWAYS-NEIGHBORHOOD ORGANIZATIONS-LANDMARKS/HIST.PRESERVATION.NEWSPAPERS. STREETS AND ALLEYS-COMMUNITY PLANNING-LIBRARIES: Me. Helen E. Davis, 35 Patton Avenue, N. E., addressed Council with regard to the accomplishments of Me. Virginia Lee, Former Librarian, Gainsbore Branch Library. Sh stated that for 40 years, Ms. Lee collected accurate and precise information on black history through books, magazines, newspaper articles, photographs and miscellaneous items. She advised that throughout its history, the Gainsboro Branch 311 -I Ii Library has bccn and continues to be important to not .only the black community, but to the Roanoke Valley at large and continues to serve aa a major part of black heritage and a beacon to the futura. She noted that to discontinue use of the Gainsboro Branch Library aa a library would be akin to eliminating an integral part of Roanoke'e black history and requested that Council do everything within its power to keep the Gainsboro Branch Library open, operating as a library, and providing an important community service. She added that the Gainsbom Library and all branch libraries should be improved, not closed. The Reverend Charles T. Green, 1731 Hanover Avenue, N. W., also spoke against closing the Gainsboro Branch Library. He advised that the black community wants the library to remain open and functioning as a library because libraries ara connected with educational facilities. He expressed concern over the hiring of consultants to make recommendations on City facilities, which recommendations ara not carried out, thus, constitute a waste of taxpayers' money. Following discussion of the matter, the City Manager explained that a preliminary draft of the consultants report was inadvertently released to the public, the matter was not handled to his satisfaction, and he would address the issue accordingly. Following further discussion, the City Manager was requested to use all available resources of his office to brief citizens and Council on the status of the Gainsboro Branch Library and all other branch libraries in the City. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., spoke with regard to recent newspaper articles on a proposed road widening in Old Southwest, viz: one article stated that a portion of Franklin Road would be widened, and a second follow-up article stated that the City had deferred to the neighborhood to abandon plans to widen several blocks of Franklin Road due to objections raised by residents. She pointed out that some time ago, residents objected to the widening of Wells Avenue, but they were told that the rules required a public hearing which was attended by persons from throughout the Roanoke community, and based upon the findings of the public hearing, Wells Avenue was widened. She raised the question that if Old Southwest roads are not to be widened due to objections raised by residents, were 312 ACTION: the rules changed for historic Gsinsboro or were they chang.ed for Old Southwest. .In the future, she requested that there be consistency in ~ the application of rules, regardless of race, financial standing~ or '~ location. The City Manager advised that Council, through the City Planning Commission, held a series of public hearings on the Franklin Road improvement project, and ultimately, a decision was made to terminate the project south of the intersection between Elm Avenue and Franklin Road, and Council adopted the final plan which wee forwarded to the Virginia Department of Transportation. He explained that the City's Traffic Engineer, while reviewing the repaying of certain sections of Franklin Road, discussed the issue of two southbound lanes with Old Southwest neighborhood leaders, that residents were concerned about the idea, they discussed the matter with the news media, and ultimately brought their concerns to City Council. He pointed out that when the matter was later brought to his attention, he wes of the opinion that Council had already taken a position, and before proceeding further, it should be determined if an additional road project is necessary; therefore, he advised Old Southwest residents that the City must abide by previous decisions of the Council and no formal proposals would be submitted by City staff until a case could be made for an additional road project. In response, Ms. Bethel filed a newspaper article with the City Manager in which she pointed out that the section of Franklin Road widening referenced in the newspaper article is not the same section of Franklin Road that the City Manager addressed in his remarks to Council. Without objection by Council, the Mayor advised that the remarks of Ms. Davis, Reverend Green and Ms. Bethel would be referred to the City Manager for appropriate response. PETITIONS AND COMMUNICATIONS: HUMAN DEVELOPMENT-COUNCIL-HOUSING/AUTHORiTY. COMMUNITY PLANNING-CONSULTANTS REPORTS-ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Council Member James O. Trout with regard to the Lincoln 2000 Community Revitalization Project, was before the body. (For full text, see communication on file in the City Clerk's Office.) 313 i! Mr. Tro~ offerS., the following Resolution endorsing the Lincoln ! 2000 Commun,ty Revltelization Project: (#330994)90396) A RESOLUTION endorsing Lincoln 2000, a concept study focusing on Lincoln Te~ace end adjacent neighborhoods. (For full text of Resolution, see Resolution Book No. 59, page 95.) ACTION: Mr. Trout moved the adoption of Reeolutlon No. 330994)90396. The motion was seconded by Mr. Swain. Council Member Trout outlined the planning process and a proposed plan of action to transform Lincoln Terrace Public Housing from a typical stereo typed public housing project into an attractive, vibrant neighborhood that will become ·comerstone for development in the Washington Park area. He stated that Lincoln Terrace residents ware actively involved in planning efforts with the coneulfing team throughout the planning process, and a steering committee consisting of City staff, neighborhood groups, churches, local schools, service organizations, the bueinoss community and other interested perdee provided a broad base of community perspectives. He explained that a contract for architectural and engineering services was awarded and architectural drawings and cost estimates are being developed to aid in securing financing for the project, with early estimates indicating that construction alone could cost in the range of $15 - $16 million. He added that Housing Authority staff is preparing funding applicatione and securing other approvals, and one primary source of funds is HUD's HOPE VI Program which is designed specifically for this type of project. The Mayor advised that Jacquelins Gunn, President, Housing Authority Resident Council, wes present earlier in the meeting in support of the project. Willis M. Anderson, Chair, City of Roanoke Redevelopment and Housing Authority, advised that the Housing Authority is pleased to recommend a non-traditional type of proposal which involves the restructuring of a public housing community into a neighborhood that will look no different than any other neighborhood in the City upon completion. He added that Lincoln 2000 offers a concept not readily seen in most public housing developments today, and instead of being 314 seen as a public housing project, Lincoln 2000 proposes to create neighb, orhood. He stated that the Housing Authority Board of .Commissioners has been actively involved vath the project since its · Jncaption and endorses the concept, and staff has been instructed to pursue public funding sources to begin implementation. Rob Robinson, Lincoln 2000 Project Coordinator, Urban Design Associates, Pittsburgh, Pennsylvania, working in conjunction with Marsh Whirl Associates of Roanoke, presented slides of the proposed project, and reviewed a four-month process which led to the presentation presently before Council. Ms. Mary F. Monk, 3343 Pittsfield Circle, N. W., representing the inner City Council Coalition of Selected Development, which is s coalition of inner City neighborhoods and community organizations and residents surrounding Washington Park, advised that the organization was established out of concern for the future of Washington Park and its total restoration. She stated that the Coalition would like to be included in discussions regarding the future of Washington Park, specifically any discussions relative to the Lincoln 2000 proposal. At this point, 3:40 p.m., Vice-Mayor Wyatt entered the meeting. Mr. Martin D. Jeffrey, 2901 Bradley Street, N. E., advised that the issue of mixed income was discussed, and inquired as to the ultimate goal in terms of composition of the neighborhood once the Lincoln 2000 project is completed, viz: existing residents versus new residents; whereupon, Mr. Robinson advised that typically in public housing projects, there exists a mix of income, and the goal is to provide a balance between those residents who can afford to pay higher rents with those who cannot afford to pay some of the higher rents so that the structure is more self-supporting over the long term. He stated it is proposed that current residents of Lincoln Terrace will receive first priority. Following further discussion, Resolution No. 33099-090396 was adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: Hone 315 TRAFFIC-GENERAL .D. ISTRICT COURT-COMMONWEALTH'S Donal.d..S.. Caldwell, Commonwealth's ATTORNEY-CIRCUIT COURT. Attorney, presented s briefing on actiwtiss and continued success of the Cost Collection Unit. He advised that the Commonwealth's Attorney's Office wes charged with the responsibility by the Code of Virginia to collect unpaid fines end costs on criminal matters, and in 1993, certain options were provided for by local Commonwealth Attorneys to institute a Cost Collection Program. He explained that it wes the most cost advantageous to enter into conb'act with Roanoke City, whereby City Council voted to fund a budget for the Cost Collection Unit. He stated that he was pleased to report that alter two years of operation, the budget has been exceeded in both years. (See Cost Collection Unit History, Over View of General District Court Revenue Stream, Three year Comparison of Delinquent Collections in Roanoke City General District Court, Summary of Cost Collection Effort for Fiscal Year 1995-96 in General District and Circuit Courts, and Summary of Benefits to the Locality on file in the City Clerk's Office.) ACTION: Without objection by Council, the Mayor advised that the briefing would be received and filed. I BU. SE.S-BUDGET-GRANTS-CMERP-SCHOOLS-EQUIPMENT: A commumcation from the Roanoke City School Board requesting appropriation of $576,331.00 from the 1996-97 Capital Maintenance and Equipment Replacement Fund for purchase of science textbooks adopted for the current school year, technology software purchases, replacement of school buses, and facility alterations and additions; and appropriation of funds to the following school grant accounts, was before Council. Grant No. 6821 - $10,000.00 for the Artist in Residence program for the enhancement of the district's literary arts program. The program is reimbursed in the amount of $5,000.00 by State funds with s local match of $5,000.00. Grant No. 6945 - $1,216,788.00 for the 1996-97 Alternative Education program to provide alternative curriculum and training for high risk students at the Taylor Learning Academy. The program is reimbursed by State funds in the amount of $53,653.00 with s local match of $1,163,129.00. 316 ACTION: Grant No. 6950 - $50,272.00 for the Summer FOCUS program to provide ~nding for a collaborative effort I between the Roanoke C,ty Department of Social Sewicee and the Roanoke City School Board toward reducing excessive absenteeism et selected elementary schools. The program will be reimbursed one hundred percent by the Department of Social Services. This is a new program. 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 communication and report on file in the City Clerk's Ofl~ce.) Mr. Wttito offered the following emergency budget ordinance: (#33100-090396) AN ORDINANCE to amend end reerdain certain sections of the t996-97 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 96.) Mr. White moved the adoption of Ordinance No. 33100-090396. The mot]on was seconded by Mr. Swain and adopted by the following vote: AYES: Trout and Mayor Bowers. Council Membora INhite, Wyatt, Harris, Parrott, Swain, 7. NAYS: None. At 4:15 p.m., the Mayor declared the meeting in recess. At 4:25 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. 317 ITEMS RECOMMENDED FOR ACTION: Ii BUDGET-GRANTS-WEST END CENTER: The City Manager submitted a written report advising that on July 13, 1992, Council authorized a grant to West End Center, Inc., in the amount of $55,000.00, pursuant to Resolution No. 3t 099-07t 392, which funds were used for purchase of a building located at 1226 Patterson Avenue, S. W.; on June 28, 1993, Council authorized a grant to West End Center, Inc., in the amount of $20,905.00 pursuant to Resolution No. 31536- 062893, which funds were used for a tutorial program for children between the ages of 13 and 18; on July tt, 1994, Council authorized a grant to West End Center, Inc., in the amount of $45,000.00 pursuant to Resolution No. 32099-071194, which funds were used for renovation of the Patterson Avenue building; and on July 24, 1995, Council approved an amendment to the agreement in the amount of $11,000.00, for a total contract amount of $56,000.00. It was explained that on February 9, 1996, West End Center for Youth, Inc., submitted a proposal requesting $137,000.00 for purchase and rehabilitation of 1223 Patterson Avenue, $. W. (the former Landis Building) and a vacant lot, in order to serve at least 25 additional youth; on July 15, 1996, it was recommended that Council approv.e $68,451.00 I for the project; on July 15, 1996, Katheryn R. Hale, Executive Director, West End Center, Inc., requested an additional $11,000.00 in CDBG reserve funds to be used toward purchase of the building, and the amount was reduced to $9,000.00 alter Ms. Hale submitlmJ her request by letter dated July 18, t996; and an agreement between the City and West End Center, Inc., in the amount of $68,451.00 for acquisition of the building located at 1223 Patterson Avenue, S. W., has bccn executed. The City Manager recommended that he be authorize to execute Amendment No. I to the Agreement with the West End Center, Inc., providing for an additional $9,000.00 grant of Community Development Block Grant funds for acquisition of a new facility; and that Council authorize transfer of CDBG funds ($9,000.00) from CDBG Contingency Account No. 035-097-9740-5300 to Account No. 0354)97-9737-5t60, West End Center. (For full text, see report on file in the City Clerk's Office.) 318 ACTION: Mr. Swain offered the following emergency budget ordinance: (~33101-090396) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 100.) Mr. Swain moved the adoption of Ordinance No. 33101-090396. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: None O. CITY CODE-BUILDINGS/BUILDING DEPARTMENT: The City Manager submitted a written report advising that bonds in the amount of $5,000.00 have been required by the City Code for many years for contractors performing building, electrical, plumbing, and building related mechanical work as a Claes "B" or "C" contractor in the City of Roanoke; out of town contractors have difficulty obtaining bonds locally since most local insurance companies will not iesue bonds unless the contractor has other coverage with that insurance company; and Claes "A" contractors licensed by the State Board of Contractors ars exempt from this regulation. It was further advised that the Virginia Board of Contractors Depa,;,,ent of Professional and Occupational Regulation now has a recovery fund for Claes "B" and "C" contractors, in the amount of $10,000.00 per claim, as established by the General Assembly; many local governments in Virginia, including Roanoke County, no longer require local bonding of Claes "B" and "C" contractors; and local contractors and home builders have rapoatedly requested that the City discontinue requiring the $5,000.00 bond. The City Manager recommended that Council amend the Code of the City of Roanoke (1979), as amended, by deleting Sections 7-3 (c), 7-52, 7-59 and 7-115 to provide that the posting of a $5,000.00 bond is no longer required. (For full text, see report on file in the City Clerk's Office.) 319 Mr. Parmtt offered the following emergency ordinance: (#33102-090396) AN ORDINANCE amending and reordaining Chapter 7, Buildin_a Reoulations. of the Code of the City of Roanoke (1979), aa amended, by repealing §?-52, Plumbin_a contractor's bond, of Article III. ~ §7-69, Electrical contractor's bond. of Division 1. ~ of Article IV. ~ and §7-115, Bond ~ of Article V. Buildino-Related Mechanical Work, and by amending and reordaining §7-3, Contractor's licenses, rsaistration and ~ of Article I. In General. so that the posting of a $5,000.00 bond is no longer required; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 101.) ACTION: Mr. PalTOtt moved the adoption of Ordinance No. 33102-090396. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. i NAYS: None 0. SEWERS AND STORM DRAINS: The City Manager submitted a written report advising that Wheelabrator Clean Water Systems, Inc., had a one year contract to remove, haul, and dispose of digested, lagooned sludge from the Water Pollution Control Plant for the period of September 1994 to September 1995, with an option to renew for four additional one year periods; the present contract price is $85.24 per dry ton for a minimum of 6,000 dry tons (and a maximum of 10,000 dry tons) for the one year contract; price fluctuation per dry ton of sludge is based on the Consumer Price Index; from August 1995 to August 1996, the Consumer Price Index increased by 2.7%, thus, the price per dry ton for the new contract would be $85.24, which would be the per ton cost of the third year of the five year agreement; and an option was taken for five years because of the time required to have land parcels approved for sludge application. It was further advised that the third year contract with Wheelabrator Clean Water Systems, Inc., is as follows: Minimum 6,000 Dry Tons x $87.54 Maximum 10,000 Dry Tons x $87.54 $525,240.00 875,400.00 320 The base contract would be for the 6,000 dry tens with additional tennage being approved monthly by administrative change order. The City Manager recommended that he be authorized to renew the contract with Wheelabrator Clean Water Systems, Inc., for the third year to remove, transport, and dispose of sludge at the rate of $87.54 per dry ton, not to exceed 10,000 dry tens, for an amount notto excc=d $875,400.00; and time of the contract is one year, with funding available in Account No. 003-056-31 (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: (#33103-090396) AN ORDINANCE authorizing execution of an amendment extending for an additional term of one year a contract with Wheelabrator Clean Water Systems, Inc., for removing, transpordng and disposing of digested lagooned sludge from the City's Water Pollution Control Plant; and providing for an emergency. ACTION: (For full text of Ordinance, see Ordinance Book No. 59, page 102.) Mr. White moved the adoption of Ordinance No. 33103-090396. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .......... 7. HAYS: None O. SEWERS AND STORM DRAINS-BONDS/BOND ISSUES-BUDGET- CAPITAL IMPROVEMENTS PROGRAM-STREETS AND ALLEYS: The City Manager submitted a written report advising that the existing slab span bridge on Thomason Avenue was identified as needing replacement by the annual bridge inspection program; a project te replace the bridge with a reinforced box culvert is included in the current Capital Improvement Plan; and the project is a part of the Garden City Flood Reduction Project, which is estimated te cost $300,000.00. 321 It was further advised that City staff has completed field surveying and preliminary design for the proposed box culvert on Thomason Road; and in order to expedite project completion, final cormtruction plans and contract documents will be prepared by I.MW, P. C., an engineering consultant. The City Manager recommended that Council authorize the transfer of $15,000.00 from Public Improvement Bonds Series 1992A, Storm Drains, Account No. 008-052-9700-9176, to an account identified as Thomason Road Engineering. (For full taxt, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (~33104-990396) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 103.) i ACTION: M.r. Swain moved the adoption o.f Ordinance No. 331040903.96. The motion was seconded by Mr. Hams and adopted by the follo~nng vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: None 0. BUDGET-COMMUNITY PLANNING-FIFTH PLANNING DISTRICT COMMISSION-GREENWAY SYSTEM: The City Manager submitted a written report advising that the Roanoke Valley Greenways/Opan Space Steering Committee, with representatives appointed by each of the four Roanoke Valley govemmenta, has been meeting for almost two years; funding, on a pro-rata basis, to hire a regional greenway coordinator and to support the position was raqueetad from each of the Roanoke Valley govemmenta by the steering committee in January 1996; one- time funding of the City's proportionate share ($28,800.00) was approved by Council during fiscal year 1996-97 budget study; funding was made contingent upon each of the Roanoke Valley govemmenta providing its share of costa of the position which was communicated 322 ACTION: by the City Manager to the government administrators, the Chair of the Greenway Steering Committee and the Filth Planning District by letter dated May 10, 1996; and the Fifth Planning District will receive funds for the greenway coordinator's position, which, in turn, will pay all salary, benefits and other personnel costs and provide administrative and clerical support, including office space. It was further advised that all four Roanoke Valley govemments agreed to provide their pro-rata share of funding for the greenway coordinator's position, which position was advertised and the coordinator was hired, effective August 1, 1996. The City Manager recommended that Council authorize the transfer of funds, in the amount of $28,800.00, from Contingency Account No. 001-002-9410-2199 to the Greenways/Open Space Steering Committee Account No. 001-002-7220-3707. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: J (~33105-090396) AN ORDINANCE to amend and reordain certain sections of the 1996-97 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 104.) Ms. Wyatt moved the adoption of Ordinance No. 33105-090396. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers -. 7. NAYS: None . 0. DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of July t996. (For full text, see Financial Report on file in the City Clerk's Office.) J 323 ACTION: Without objection by Council, the Mayor advised that the Financial Report would be received and filed. BUDGET-CITY SHERIFF-PENSIONS-CITY JAIL: The Director of Finance submitted a written report advising that the City of Roanoke pays the contribution of the Sheriff and Jail employees participating in the Virginia Retirement Systam (VRS); and the rata usually changes at the beginning of each fiacal year ba~ed on the actuarial evaluations for funding of the pension plan. He sttatad that current accounting etandards and sound financial management practices strongly encourage pension plans to prefund COLA's rather than on a pay-as- you-go basis; historically, VRS has funded annual cost of living adjustments to retirees on a pay-as-you-go basis, and the impact of this is a growing unfunded liability to the VRS pension plan; prafunding COLA's requires an increase in the actuarial contribution rata to the pension plan; VRS is offering two options to participating localities for the increased contribution rata; under either option, the fiscal year 1997 rate funds the COLA's on a pay-as-you-go basis; and the increased rata takes effect in fiscal year 1998. It was explained that the first option is to begin to prefund the i COLA's in Eec~..I ye.ar t998 by paying a ?vel employer contribution rata; the second option ,s.to begin, ph. esing m the prefunding of the COLA's over a five year period beg,nn,ng in fiscal year 1998; the estimatad increase in VRS retirement contributions for fiscal year 1998 is $173,000.00; and aa of June 30, 1994, the unfunded Pension Benefit Obligation totaled $2,479,102.00. The Director of Finance advised that VRS requires governing bodies of participating localities to adopt a resolution electing which method of funding they choose; and fiscal responsibility encourages recommending that the City elect the immediate full funding option that would have a level contribution rate beginning in fiscal year 1998. (For full taxt, see report on file in the City Clerk's Office.) Mr. Whita offered the following resolution: (#33106-090396) A RESOLUTION making an election on behalf of the City to begin to fully fund cost of living increases for retirees participating in the Virginia Retirement Systam beginning July 1, 1997. Ii (For full taxt of Resolution, see Resolution Book No. 59, page t05.) 324 ACTION: Mr. White moved the adoption of Resolution No. 33106-090396. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers. 7. NAYS: None. Oe REPORTS OF COMMITTEES: SEWERS AND STORM DRAINS-BUDGET: Council Member Parrott, Chairperson of the Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for a two-stage biological aerated filter treatment system at the Water Pollution Control Plant, and recommended 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 Infilco Degremont, Inc., in accordance .with Procursmen.t Docum. ento a.s prepared by Malcolm P,mie, Inc., Consulting Eng,nsers, m the amount of $3,938,852.00. Transfer $t,469,192.00 from Sewage Fund Account No. 003-056-8465-9001 to Renovation/Expansion Water Pollution Control Account No. 003-056-8470-9001, appropriate $2,469,660.00 to the same account from funds to be provided from other localities, and establish an accounts receivable in the same accounL Reject the other bid received by the City. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: 325 (~33t07-090396) AN ORDINANCE to emend end reordain certain sections of the 1996-97 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 106.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 33107-090396. The motion was seconded by Mr. Swain end adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Perrott, Swain, Trout and Mayor Bowers 7. NAYS: None 0. Mr. Perrott offered the following emergency ordinance: (#33108-090396) AN ORDINANCE accepting the bid of Infilco Degremont, Inc., to provide the Biological Aerated Filter (BAF) Treatment System for the Water Pollution Control Plant Upgrade end Expansion, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City offlcia, l$ to execute the. requisite · contract for suc. h.work; rejecting all other b,ds made to the C,ty for the I- work; and prov,d,ng for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 107.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 33108-090396. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyett, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: None O. SEWERS AND STORM DRAINS-EASEMENTS-WATER RESOURCES: Council Member James O. Trout, Vice-Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to acquisition of certain easements needed by the City for the Luck Avenue Storm Drain Project. 326 ACTION: A staff report advised that the Luck Avenue Storm Drain Project was i.n. cluded in the lgg0 Bond Referendum,. and the widening of Frankl,n Road required enlarging the storm dra,n system downstream [ of the project; construction of a portion of the Project was completed in 1993; the Project was split due to insufficient funding and the inability to obtain necessary easements across property owned by Virginia Holding Corporation which is currently leased to The Firestone Tire and Rubber Company; and a t991 appraisal by a qualified independent real estate appraiser established the fair market value of the temporary construction and permanent storm drain easements at $4,4O5.00. It was further advised that Virginia Holding Company has agreed to convey the necessary temporary construction and permanent storm drain easements, by special warranty deed, for the consideration of $4,405.00, with the provision that all facilities in the storm drain easement will be removed and the property will be restored should the easement be abandoned. The Water Resources Committee recommended that Council authorize acquisition of temporary construction and permanent storm drain easements across Virginia Holding Corporation property, identified as Official Tax No. 4013802, at a cost of $4,405.00; and that the City Manager and the City Clerk be authorized to execute and attest, respectively, the necessary documents in a form to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (~t33109-090396) AN ORDINANCE authorizing acquisition of certain easements needed by the City for the Luck Avenue Storm Drain Project; upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 108.) Mr. Trout moved the adoption of Ordinance No. 33109-090396. The motion was seconded by Mr. White and adopted by the following vote: 327 AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: None 0. SEWERS AND STORM DRAINS-PIPE LINES/STORAGE TANKS- NORFOLK SOUTHERN CORPORATION-LICENSES-WATER RESOURCES: Council Member James O. Trout, Vice-Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of license agreements with Norfolk and Wsstem Railway Co., for the Tinker Creek Interceptor Sewer System. A staff report advised that the Tinker Creek Interceptor Sewer Project consists of replacing the existing 36" sewer line with a 48" sewer line from Orange Avenue to Glade Creek and replacing the existing 42" sewer line with a 54" sewer line from Glade Creek to the Water Pollution Control Plant. It was further advised that the project will follow Norfolk and Western Railway property on the opposite side of the Roanoke River from the Water Pollution. Control Plant; ag _r~..mente are required with I Norfolk and Railway allow the construct, remove, Wss.te.rn. to.. C,.ty replace, and mainte,n the sanmtary sewer p,pehne across property owned by the railroad; and in order to allow the City to do the work, it is required that the City indemnify the railroad. The Water Resources Committee recommended that Council authorize the City Manager to execute the appropriate agreements with Norfolk and Western Railway, in a form to be approved by the City Attorney, to construct, remove, replace, and maintain the sanitary sewer pipeline located on railroad property and to indemnify the railroad of liability rslated to such construction, removal, replacement, and maintenance. (For full text, see reports on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: 328 ACTION: (#33110-090396) AN ORDINANCE authorizing the proper City officials to enter into agresmente, on behalf of the City, with the Norfolk and Western Railway Company to allow the City to construct, remove, replace, install, maintain, and operate a sanitary sewer pipeline across property owned by the railroad; and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. 59, page 109.) Mr. Trout moved the adoption of Ordinance No. 33110-090396. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers. 7. NAYS: None 0. PURCHASE/SALE OF PROPERTY-CONDEMNATION PROCEEDINGS-BONDS/BOND ISSUES-BUDGET-CAPITAL IMPROVEMENTS PROGRAM-FLOOD REDUCTION/CONTROL- STREETS AND ALLEYS-WATER RESOURCES: Council Member James O. Trout, Vice-Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to acquisition of all property rights needed by the City for construction of the Montclair and Lower North Lakes Detention Basins, in connection with the Peters Creek Flood Reduction ProjecL A staff report advised that Peters Creek is a multi-jurisdictional watarahed that flows in a southward direction from its headwaters located north of Interstate 81, which is located in the extreme northwest quadrant of the City and extends into Roanoke County; large numbers of residences and businesses are located in the Iow lying areas adjacent to Peters Creek and its tributaries, and these areas experience periodic flooding; the 1990 Bond Referendum, which was approved by the citizens of Roanoke, contained $4,000,000.00 to address these flooding problems at 100% local coat; and a four phase flood reduction plan was prepared by City staff in coordination with the consulting engineer, Mattern & Craig, Inc. It was further advised that two regional detention basins are proposed to be constructed: the Montclair Basin and the Lower North lakes Basin, at an estimated cost for both basins of $1,600,000.00, including land costs; property rights in 15 parcels are needed to 329 construct beth basins; the Montclair Basin requires property rights in nine parcels at an estimated cost of $250,000.00, and the Lower North Lakes Basin requires property rights in six parcels at an estimated cost of $200,000.00; and it is expected that purchase options for the necessary land rights can be acquired for approximately $50,000.00. It was pointed out that the Roanoke Valley Regional Stormwator Management Plan is being prepared by Dewberry and Davis, an engineering consultant to the Fifth Planning District Commission, and Peters Creek ia one of the study watersheds; the consultant has identified additional prospective stormwator management sites in the upper reaches of Peters Creek that may yield additional flood reduction benefits to City and county residents and businesses located in the Iow lying areas of Peters Creek; and feasibility of these sites will require additional study by the consultant. The Water Resources Committee recommended that Council concur in the following actions: Authorize City staff to acquire, in a form acceptable to the City Attorney, all property rights necessary for the i construction of the Montclsi.r and Lower. North Lakes Detention Basins by negotiation and, If necessary, eminent domain. Transfer $50,000.00 from Public Improvement Bonds, Series 1992A, Account No. 0084)52-9700-9176 to a new Capital Projects fund to be established by the Director of Finance entitled, Peters Creek Land Acquisition. Transfer $21,000.00 from Public Improvement Bonds, Series 1992A, Account No. 0084)52-9700-9176, to a new Capital Projects fund to be established by the Director of Finance entitled, Peters Creek Additional Engineering. (For full text, see reports on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: I; 330 ACTION: (#3311 t4)90396) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 110.) Mr. Trout moved the adoption of Ordinance No. 331114)90396. The motion was seconded by Ms. Wyatt and adopted by the following vote: ACTION: AYES: Council Members INhite, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: None 0. Mr. Trout olTersd the following emergency ordinance: (#331124)90396) AN ORDINANCE providing for the acquisition of property rights needed by the City for the construction of the Montclair and Lower North Lakes Detention Basins in connection with the Peters Creek Flood Reduction Project; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such 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 parcels for the purpose of commencing the project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. $9, page 111.) Mr. Trout moved the adoption of Ordinance No. 33112-090396. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Trout and Mayor Bowers -. NAYS: None .. UNFINISHED BUSINESS: None. Council Members White, Wyatt, Harris, Parrott, Swain, 7. 331 INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 33098, rezoning a tract of lend located on the northerly side of Lee Highway and the weefariy side of Aerial Way Drive, S. W., containing 16.30 acres, more or Ieee, identified as a portion of Official Tax No. 5200122, from LM, Light Manufacturing District, to C-2, General Commercial District, subject to proffers contained in the Fourth Amended Petition filed in the City Clerk's Office on July 17, 1996, subject to any changes required by the City during site plan review, having previously been before the Council for its first reading on Monday, August 19, 1996, 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: (f/33098-090396) AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 520, 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. 59, page 94.) I ACTION: Mr. Parrott moved the adoption of Ordinance No. 33098-0903.96. The motion was seconded by Mr. Harris and adopted by the follomng vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: None O. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: INSURANCE-BLUE CROSS/BLUE SHIELD: The City Manager advised that the City was in receipt of a notice from Trigon Blue Cress Blue Shield requesting that the City cast its votes with regard to Trigon's request to become a stock company. He explained that Trigon is currently a mutual company, and a policyownere meeting will be held on September 9, at which time the question wili be decided if policy 332 · thorize Trigon to become a stock company, wh!ch owners wall a,.uI ...... ~_..a .nn red by the State Corporation de~ision will ultimate, rY. m~...m~.u_-_-_,_,.-. ,a_P.P.rT~ ,.~ve~nments will make th,$ Commission He acioecl ~llat many ,u--, .v . . · ' inistrativety, but he wanted to ensure ~at Coun..Cll is dec,sio...:dm "-n and that action is spp ov.d.b.Y C,ty Cou..cll: H.e aware ot tits quasuu ri on has computed the amount of City of RoanoKe STOCK advisad that T g . __ ..... ,., be worth in tbs range of $5 - t5 in excess of 46,000 snares wnic.n ~_-.,~-. =__..., ~,,llv understand the · ed that the ~l~ Q~,~ -" ..... - . per share. He exp!am ....... ----ced that the City of Roanoke ' of the lan, theretore, ne ~,,,,,,--';: . e Ci d,=,b. _P:_ · ,d, u=,ll ,tion,s app,ve.d.. not vote on the .q..uesl~.on, an..d .i ._ :_ .,;..,,ssions with a COllectmn of will be in a pomti.on to pa_mc?a.w ,. -.,__-_.-_- i- the same position with other Virginia cities that ttn;I tnemsewe~ - regard to certain basic questions. · further discussion, the City. Manager recommended Following_ _ ~ -,--,-~- ~.~m voting on the proxy to the that the City of Koano~e a~M,,, ,,v whether or not Trigon Blue Cross Blue S.h. ield should go qu.e.s, tio. n of_.__~, offerin- or stay as a mutua! company.,.a..n.d sacon_d_l_y.: pUDIIC In a ~u~ . ? ...... ,._ _,-.~ in h.. nf sn it me company that the City declare that ~W~ll m~u =~,,.~, ........ ca is authorized to de-mutualize. usstion, the City Attorney addressed the ~ss.ue o.f whe.~.e_r Upon q . · · Id the stoc~ ota pnvam a municipality in Virginia may receive and ho . . .... ........ ,_:__.~ w., as a ~licy holder ota mutUal insu.r~, n.;e corpora, on. r~e.e.x.p,~.,----,-_-_-__ _~;,~. ~ mnanv, therefore, it me company, mu ~,,_?~,~_ ... ,~.m tualizoa, the policy holders m.u.s[ com any goes pum,~ .--:. ___-m_u ,-- ~-- ~-~., ,, ered the optmn or coml~nsated, and the City ot i<.oano-u ,_*,_= _,~_..~::a~effne~ amount in cash. stock'in the amount of 46,00.0 ?ns_ms, c~..~.-.;_~%_~,..,;-..~v-idoa that no local He stated that Article X ot me ~;onsu~uuu- government, City, County or Town, shall invest in the stock of a. n com any or association; therefore, the Attorney ~.en.eral corporatio , P ...... :--,, ---.-- nd the Virginia h" asked by the ,rgm. la n has Association of Counties to rUle on me i?.~u.u, ;;..-:.-- .._ __ eared to date. However, ne be.eh, rec. -- ---=-'~nt Attorney General which state.d, that a opinion Trom afl ~,o~. ...... ~.~.k ~,ould not constitute an · · · ould receive stock w-,~.- -- municipality c · dad investment, and upon receipt of the stock, it could not be sold or tra er stock in another company, and after ~e passage .of six for o.th ..... ,= --,, ,~-- stock and deposit the funds in .t~..e S the ~lt~/ couiu ~u- monm: _ . --. ..... ,,rred in the recommendation of the City General I-uno. flu Manager. ACTION: 333 Mr. White moved that the City abstain from voting on the proxy to the question of whether or not Trigon Blue Cross Blue Shield should go public in a stock offering or stay es a mutual company; and that the City declare that it will take stock in lieu of cash if the company is permitted to de-mutualize. The motion wes seconded by Mr. Swein. Vice-Mayor W%jatt advised that the City Manager reported that t3 par cent of Trigon stock wes comprised of localities similar to Roanoke, and inquired if the 13 par cent includes various school systems across the State, as well as State and county employees. She explained that if one looks at all of the governmental agencies across the State, it is difficult to believe that it adds up to only 13 par cant, therefore, if all of those groups are included in one pool aa governmental agencies, what percentage would they constitute of the overall Trigon total. The Director of Finance responded that the question will be addressed as a part of the info,,,,ation to be compiled through the Virginia Municipal League and the Virginia Association of Counties. The Vice-Mayor called attention to those instances when the City advertises for proposals on insurance requirements, and inquired if the City would be placing itself in a posture of conflict of intorest if it takes stock in lieu of cesh, particularly in an instance when the City may own stock in a company that bids on the City's insurance needs. The City Attomey responded that the Vice-Mayor's inquiry will be taken into consideration along with other concerns in order for the City to remain within the limits of the law in regard to conflict of interest. The Director of Finance proposed that any value that the City might receive from the change from a mutual company to a stock ownership company would be credited to the City's Insurance Reserve Account and shared with City employees in order to reduce future premium increases. The motion offered by Mr. White, seconded by Mr. Swain, was adopted, Vice-Mayor Wyatt abstained from voting. In view of the number of unanswered questions, the Vice-Mayor expressed concern that Council is being requested to vote on the matter at this time. 334 COMMITTEES-REFUSE COLLECTION: Council Member Trout advised that the Solid Waste Collection and Disposition Study Committee will hold its first meet]ng on Monday, September 9, 1996, at 9:00 a.m., in the EOC Conference Room. REFUSE COLLECTION-BUDGET-CITY JAIL: Council Member Swain advised that as a part of 1996-97 budget study discussions, it was hie understanding that the City would conduct a study to determine if labor by non-violent criminals from the jail system could be used to supplement bulk refuse collection efforts in the City; however, no report has been received to date. He referred to an area in close proximity to the Municipal Building where bulk refuse items have been allowed to accumulate over a period oft]me, as wed aa a pile of brush in close proximity to his residence which has not been cleaned up due to the illness of the property owner. He stated that City crews traveling throughout Rosnoke's neighborhoods could report bulk items that need to be collected, and added that there is a perception by some citizens that certain sections of the City are given preferential treatment. The City Manager advised that a briefing witl be presented to Council at its September 16 meeting with regard to bulk refuse collection efforts, and Council's concurrence will be requested in a public part]cipat]on process that is proposed to commence on September 30. He stated that he would be pleased to brief Council Member Swain on the issue of use of prison labor for bulk refuse collect]on; and those bulk refuse items referred to by Council Member Swain will be removed upon receipt of specific locations. BONDS/BOND ISSUES-COUNCIL-SCHOOLS: Council Member Harris referred to a communication under date of August 23, t996, addressed to the Mayor f~om the Chairperson of the Roanoke City School Board, with regard to delay of the capital bond referendum until the fall of 1997, and the complications the delay will create for the School Board in keeping on track with middle school renovations. He requsst~<l that the communication be referred to the City Manager and the Director of Finance to discuss other funding options with school officials, with a followup report to Council and the School Board. (For full text, see communication on file in the City Clerk's Office.) ACTION: ACTION: 335 PARKS AND RECREATION-COMMITTEES-COUNCIL-CMERP: Vice-Mayor Wyatt suggested that s citizens advisory committee be appointed composed of representatives from throughout the City to make recommendations regarding Roanoke'e overall parks system; whereupon, the City Manager advised that funds will be recommended in the Capital Maintenance and Equipment Replacement Program for City-wide participation in s formal parks plan to be completed in 1996. HEARING OF CITIZENS UPON PUBLIC MAI-rERS: None. At 5:30 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. COUNCIL: With respect to the Executive Session just concluded, Mr. Harris 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 ware heard, discussed or considered by City Council. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. HAYS: None 0. 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 office 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, t996, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Trout moved that Mary F. Parker, City Clerk; James D. Grisso, Director of Finance; Robert H. Bird, Municipal Auditor; and Wilbum C. Dibling, Jr., City Attorney, be reappointed to their respective offices for 336 ACTION: ACTION: terms of two years each, commencing October t, 1996, and ending September 30, 1998. The motion was seconded by Mr. Swain and unanimously adopted. OATHS OF OFFICE-COMMITTEES-PENSIONS: The Mayor advised that there is a vacancy on the City of Roanoke Pension Plan, Board of Trustees to fill a rotating position between the Fire Depa[~,,ant and the Police Department, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of David T. Altman. There being no further nominations, Mr. Altman was elected as a member of the City of Roanoke Pension Plan, Board of Trustees, for a term ending June 30, t998, by the following vote: FOR MR. ALTMAN: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Boware 7. OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that the term of office of Carolyn M. Johnson as a Commissioner of the City of Roanoke Redevelopment and Housing Authority will expire on August 31,1996, and called for nominations to fill the vacancy. Mr. Trout placed in nomination the name of Carolyn M. Johnson. There being no further nominations, Ma. Johnson was reelected as a Commissioner of the City of Roanoke Redevelopment and Housing Authority, for a term ending August 31, 2000, by the following vote: FOR MS. JOHNSON: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowar~ 7. OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that there is a vacancy on the City of Roanoke Redevelopment and Housing Authority created by expiration of term of Robert W. Glenn, Jr., and called for nominations to fill the vacancy. Mr. Trout placed in nomination the name of H. Victor Gilchrist. 337 There being no further nominations, Mr. Gilchrist was elected as a Commissioner of the City of Roanoke Redevelopment and Housing Authority, for a term ending August 31, 2000, by the following vote: ACTION: FOR MR. GILCHRIST: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. There being no further business, the Mayor declared the meeting adjoumed at 6:35 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 338 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL September 16, 1996 12:30 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, September t6, 1996, at 12:30 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, ~ of Section 2-15, ~ Code of the City of Roanoke {1979), as amended. PRESENT: Parrott, Carroll David A. Bowers Council Members Linda F. Wyatt, C. Nelson Harris, John H. E. Swain, James O. Trout, William White, Sr., and Mayor ABSENT: None-. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. COMMITTEES-REFUSE COLLECTION: William F. Clark, Director of Public Works, advised that for some time the City has struggled with the question of how to improve the appearance of Rosnoke's neighborhoods, and the difficulty in dealing with the ever increasing quantities of bulk items and brush that must be collected by the City. He called attention to a meeting which is scheduled to be held on September 30, 1996, at the Roanoke Civic Center where representatives of various neighborhoods have bccn invited to provide suggestions and recommendations on how to deal with the problem. James A. McClung, Manager, Fleet Maintenance, presented a briefing on the City's separate bulk and bulldbrush collection service. He advised that during fiscal year 1995-96, 728 tons of bulk and 859 tons of brush were collected as a part of the program, with total cost of current efforts to collect bulk and brush items at approximately $375,000.00. He reviewed slides illustrating problems encountered by crews throughout the City. Ha advised that a bulk committee was appointed to address the matter, and a community meeting will be held at the Roanoke Civic Center on September 30, at 7:00 p.m., to provide a forum for dialogue between City staff and the community in order to better determine the issues involved. So as to have a well-rounded discussion on the issue, he added that neighborhood organizations, landlords, realtors, apartment dwellers, citizens at-large, and other impacted groups will be invited to discuss the following questions: 339 What ers the positive end negative attributes of the current collection program? What changes could be mede and how should they be implemented? What would citizens be willing to pay if suggested altemativea ara warranted? He explained that a follow-up meeting will be held to review task force findings with citizens, and any proposed changes will receive a broad base of citizen input and support prior to submittal to Council. (See briefing paper on file in the City Clerk's Office.) The Mayor suggested that the Sheriff's Depa,~,,,ent be invited to provide input inasmuch as the department is involved in court-ordered evictions. Also, he suggested input by the Roanoke Valley Home Builders Association as to collection of discarded building materials. Following a discussion in which it was pointed out that some citizens have the perception that certain neighborhoods of the City receive different levels of service, the collection cycle over a seven-day period, and tipping fee amounts, the Mayor suggested that further comments and questions be held in abeyance until the Unfinished Business section of the 2:00 p.m. Council session. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 1:10 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., the regular meeting of Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance: PRESENT: Council Members Linde F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., and Mayor David A. Bowers 7. ABSENT: None OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting wes opened with a preyer by The Reverend Jim ~ m ,m,., ..--. .. .,,..,.... Chu.h.lt .l The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT-CiTY GOVERNMENT: The City of Roanoke having been designated as an All America City on June 15, 1996, in Fort Worth, Texas, the Mayor presented the All America City Plaque. The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to three requests for Executive Session to discuss specific legal mattere requiring the provision of legal advice by counsel, being the terms and conditions of an economic development contract in negotiation; a matter of probable litigation, specifically litigation against an insurence carrier with whom the City has a contract; and personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. COMMITTEES-COUNCIL: A communicetion 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 the 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 O~ce.) ACTION: Mr. White moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (t950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: 341 AYES: Council Members Wyatt, Harris, Par~ott, Swain, Trout, I White and Mayor Bowers 7. NAYS: None 0. ECONOMIC DEVELOPMENT-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 an economic development contract in negotiation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. White 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.n economic developmen.t, contract in negotiation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: Nono 0. COMPLAINTS-FIRE DEPARTMENT-NEIGHBORHOOD ORGANIZATIONS: A report of the City Manager in response to concerns expressed by Charles R. Hancock with regard to Fire Station No. 11 being manned by only one employee on June 29, 1996, for a period of time to enable fire personnel from Station No. 1t to be reassigned to Fire Station No. 4, was before Council. It was explained that on Saturday, June 29, 1996, last-minute sick leave call-ins left Fire Station No. 4 on Aerial Way Drive, S. W., and Firs Station No. 11 on Riverland Road, S. E., without the minimum staffing of three personnel to a fire engine; the regular District Chief was off and an Acting District Chief was in charge of daily scheduling duties; and the Acting District Chief permitted the crews from the previous shift to 342 ACTION: Iss.v.e and made a decision to send one pemon from Fire Station No. 11 to F,m S~fion. No. 4 so that at least one of. the two stations, would be up and runmng, and star .t .~.!... a callback procedure to get two fireflghtare to report to duty on overtime. The C~ty Manager further explained that F~rs Station No. 11 co.vere the Garden City area, .and a.pperently som.e, firefightars called neighborhood leadere and citizens m the area eta.ting that the station was clos..ed for the next 24 houre; however, the station wes only closed for the. time it took to get call. back pers..o, nnel t~. the station - approx, mataly three hours; et no time were citizens w~thout fire or EMS coverage; and when a station is placed temporarily out of service, citizens in the area receive coverage from adjacent Fire/EMS stations. It was advised that Fire/EMS Chief James Grigsby met with Mr. Hancock to explain the facts surrounding the tamporsry station closure on June 29; and Chief Grigsby has reinforced and clarified the department's staffing policy to all District Chiefs to ensure that relief personnel are available prior to permitting on-duty personnel to go off duty. (For full text, see report on file in the City Clerk's Office.) Mr. VVhita moved that the report be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers ..... 7. NAYS: None. Om TRAFFIC-COMPLAINTS-NEIGHBORHOOD ORGANIZATIONS- STREETS AND ALLEYS: A report of the City Manager advising that at the Council meeting on September 3, Council requested that facts regarding the recent discussion about the possibility of widening Franklin Road be more clearly explained so that citizens and the news media would have a thorough understanding, was before the body. The City Manager explained that in 1996, City staff presented an idea to Paula L. Prince, President, Old Southwest, Inc., which would have created a second southbound lane using mostly existing pavement on Franklin Road; the idea included making one 50-foot 343 ACTION: ACTION: improvement end another 150-foot improvement in the existing roadway; while initially there did not seem to be opposition to the idea, after · short time, the neighborhood decided it opposed the idea because the improvements might encourage more traffic to use Franklin Road; because of earlier commitments to two lanes, the idea was dropped; however, because the issue wes on the August 19, 1996, Council agenda at the request of Old Southwest, Inc., the discussion was reported by some of the news media as though Council had responded to pressure from Old Southwest to halt widening plans, when, in fact, no recommendation had been made to Council by staff, thus no decision wes pending; and in the development of road projects in any area of the City, the goal is to work with the community towards a win-win situation. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that the report be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None 0. ANNUAL REPORTS-COMMII-rEES-AUDIT COMMITTEE: A communication from the Audit Committee transmitting the Annual Report for the year ended June 30, 1996, was before Council. (For full text, see communication and Annual Report on file in the City Clerk's Office.) Mr. White moved that the communication and Annual Report be received and filed. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None 0. 344 ACTION: ACTION: ANNUAL REPORTS-MUNICIPAL AUDITOR: The Annual Report of the Municipal Auditor for the year ended June 30, 1996, was before Council. (For full text, see Annual Report on file in the City Clerk's Office.) Mr. White moved that the Annual Report be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Boware 7. NAYS: None .0. HUMAN DEVELOPMENT4NDUSTRIES-SCHOOLS-ROANOKE NEIGHBORHOOD PARTNERSHIP-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Lular R. Lucky as a member of the Advisory Board of Human Development for a term ending November 30, 1999; Lynn D. Avis aa a Director of the Industrial Development Authority of the City of Roanoke, Virginia, to fill the remaining portion of a four-year term which commenced on October 21, 1995, and will expire on October 20, 1999; Harry F. Davis as a Trustee of the Roanoke City School Board to fill the unexpired term of C. Nelson Harris, resigned, ending June 30, 1998; and Joseph F. Huddleston, III, as a member of the Roanoke Neighborhood Partnership Steering Committee to fill the unexpired term of Edward S. Allen, resigned, ending November 30, 1996. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: 345 AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, I White and Mayor Bowers 7. NAYS: None 0. INSURANCE-COUNCIL: A report of the City Attorney requesting that Council meet in Executive Session to discuss a matter of probable litigation, specifically litigation against an insurance carrier with whom the City has a contract, pursuant to Section 2.t-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.) ACTION: Mr. White moved that Council concur in the request of the City Attorney to convene in Executive Session to discuss a matter of probable litigation, specifically litigation against an insurance carrier with whom the City has a contract, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None 0. HEARING OF CITIZENS UPON PUBLIC MATTERS: ACTS OF ACKNOWLEDGEMENT-VA AMATEUR SPORTS/ COMMONWEALTH GAMES: Peter R. Lampman, President, Virginia Amateur Sports, Inc., expressed appreciation for the City's support of the Virginia Commonwealth Games which were held in Roanoke on July t2-14, 1996. He advised that in t996, 9,472 athletes competed in 44 sports which was a seven per cent increase over 1995. He stated that the Commonwealth Games started in 1990 with 400 athletes, and there has been a 144 per cent increase, or 49,500 athletes have participated over the past seven years. Mr. Lampman advised that the 1996 economic impact on Roanoke was based on 4,562 athletes having spent the night in the Roanoke Valley and 4,500 day time athletes. He explained that according to the Roanoke Valley Convention & Visitors Bureau, $112.00 346 ACTION: ACTION: was spent for an .o. vemight stay and $15.00 was spent for a day time stay, which prov,dss an economic impact of $4.8 million, on the Rosnok..e. Valley.. He presented the City with a plaque of spprec,ation in recognition of ,ts sponsorehip. bj tbyC Without o ec ouncil, the Mayor advised that the remarks of Mr. Lampmsn would be received and filed. OTHER HEARINGS OF CITIZENS: TRAFFIC-COMPLAINTS-REFUSE COLLECTION: Mr. Clarence Wallace, 1624 Gilmer Avenue, N. W., addressed Council with regard to perked vehicles on private property; and advised that some citizens are required to clean their lots, but the City does not enforce the rule for all citizens of Roanoke. Without objection by Council, the Mayor requested that the City Manager contact Mr. Wallace to discuss his concerns. PETITIONS AND COMMUNICATIONS: HUMAN DEVELOPMENT-COMMITTEES-LEGISLATION. PLANNING-FIFTH PLANNING DISTRICT COMMISSION-ECONOMIC DEVELOPMENT: A communication from Mayor David A. Bowers advising that the Virginia General Assembly enacted the t996 Regional Competitiveness Act for the purpose of encouraging counties, cities and towns to work together for their mutual benefit and for the benefit of the entire Commonwealth; the Act establishes State incentive funds for those regions that join together to plan for regional economic development and propose to carry out services jointly; and in order to be eligible for funding, the following elements must exist, was before Council. an active "Regional Partnership", a Regional Strategic Economic Development Plan, an annual report on economic progress, and joint delivery of services totalling 20 points on a weighted scale (exis~ng joint activities cannot count for more than ten points). 347 T.he Mayor further advised that a resolution is proposed I supporting effo.rts of the. Fifth P. lanning District Commission to establish a steenng comm,ttee, which committee will be appointed to develop a process for the establishment of a "Regional Partnership" in order to be eligible for incentive funding being made available through the abovedsscribed legislation; and the purpose of the steering committee is to recommend an organizational structure for the proposed regional partnership and to identify and address key issues of interest to various localities. (For full text, see communication on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33113-091696) A RESOLUTION supporting the Fifth Planning District Commission's establishing a Regional Steering Committee to examine the process for developing a regional partnership, pursuant to the Regional Competitiveness Act enacted by the t996 Session of the General Assembly. (For full text of Resolution, see Resolution Book No. 59, page 113.) ACTION: Mr. Trout moved the adoption of Resolution No. 33113-091696. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None 0. VIRGINIA MUNICIPAL LEAGUE-COUNCIL: A communication from Mayor David A. Bowers advising that the Virginia Municipal League will meet on October 20 - 22, 1996, in the City of Roanoke; the Annual Business Session will be held on Tuesday, October 22, 1996, and in past years, the Mayor and Vice-Mayor have served as Voting Delegate and Altomate Voting Delegate, respectively; and with the concurrence of Council, he would be pleased to serve as the City's Voting Delegate, and Vice-Mayor Wyatt would serve as Altomate Voting Delegate, was before the body. (For full text, see communication on file in the City Clerk's Office.) 348 ACTION: Mr. White offered the following resolution: (~331t4-091696) A RESOLUTION designating a Voting Delegate and Altemate 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. 59, page 114.) Mr. White moved the adoption of Resolution No. 33114-091696. The motion wes seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowere 7. NAYS: None 0. BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS-VICTIM/ WITNESS/JUROR PROGRAM: A communication from Donald S. Caldwell, Commonwealth's Attorney, advising that the Victim/Witness Program is designed to recognize and address the nccds of victims.end witnesses in the Roanoke City Criminal Justice System and ~ continue I the commitment for citizen support; the Roanoke C,ty Victim/ Witness/Juror Assistance Committee wes formed in the fell of 1983 by Judges and Clerks of the Circuit Court, General District Court and Juvenile Courts, Commonwealth's Attorney, City Sheriff, Chief Magistrate, Chief of Police, Director of Administration and Public Safety, end the Roanoke Bar Association; and Council accepted a start- up grant in September 1984, and hired a full-time program coordinator in October, 1984, wes before the body. It was further advised that the Victim/Witness/Juror Program has been awarded a 12-month $64,328.00 grant (No. 97-C8554VW96) for July 1996 through June 1997, which award requires a local cash match of $7,148.00; a local cash match of $25,671.00 will be provided for a total grant budget of $89,999.99; and the award includes funding for an additional Victim/Witness Assistant Program staff member with additional funding provided by the Department of Criminal Just]ce Services. The Commonwealth's Attorney recommended that Council concur in the following actions: 349 Accept end participate in Victim/Witness Grant No. 97- I C8554VW96, in the amount of $64,328.00, with the City providing a total local cash match of $25,671.00 from monies provided in the Transfer to Grant Fund Account, fiscal year 1996-97 budget. Authorize an additional grant position for the Victim/ Witness Program aa included in the Victim/Witness Grant award. Authorize the City Manager to execute all appropriate documents to obtain Grant No. 97-C8554VW96. Appropriate $64,328.00 in State grant funds and transfer $25,671.00 in local matching funds from General Fund Account No. 001,004-93t0-9535 to the Grant Fund end 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, advising that the grant requires a local match of $7,148.00, a local share of $25,671.00 will be provided as included in the fiscal year t996-97 budget, which is the same level of funding provided during fiscal year 1995-96 and provides for continuation of the present level of services, was also before Council. ACTION: (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33115-091696) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page t15.) Mr. Trout moved the adoption of Ordinance No. 33115-091696. The motion was ssconded by Mr. Harris and adopted by the following vote: 350 ACTION: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers NAYS: Non.- Mr. Trout offered the following resolution: (#33116.091696) A RESOLUTION authorizing acceptance of Grant No. 97-B8554VW96 made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a Victim/Witness Program and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documente. {For full text of Resolution, see Resolution Book No. 69, page 117.) Mr. Trout moved the adoption of Resolution No. 33116-091696. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None BU. DGET-G RANTS-CMERP-SCHOOLS-EQUIPMENT: A commumcation from the Roanoke City School Board requesting that Council appropriate $393,338.00 from the 1996-97 Capital Maintenance and Equipment Replacement Fund which will be used for instructional technology, business and marketing education computer purchases, replacement of maintenance cargo vehicles, purchase of a triple-axle dump truck, purchase of furniture at Jackson Middle School, paving and repair of parking lots at five schools, and faculty alterations and additions; and further requesting the appropriation of funds to the following school accounts, was before the body. Grant No. 6791 $2,745.00 for the 1996-97 Opportunity Knocks (GED) Program to provide instruction for the General Educational Development Examination for young adults. The Program will oparats under an Agreement of Understanding with the Fifth District Employment and Training Consortium. Funding for the Program will be provided by fees charged to participants. 351 I Grant N.o. 6952 - $93,776.00 for the Stats Truancy Project which ~s a pilot program to provide support for the Roanoke City attendance effort. The Program is 100 per cent raimburaed by State funds. This is a new grant program. Grant No. 6951 - $25,000.00 for the Southem Regional Education Program to provide leadership training to members of the City Schools' top management team to assist the district in accomplishing its Iong-tsrm educational goals. Funding is being provided by contribution. Grant No. 6156 $67,232.00 for the Title I Local Delinquent Children Grant to provide transition services to youth exiting the Juvenile Detsntion Centsr and youth entsring Youth Haven. The services will include drop-out prevention, coordination and referral substance abuse, adolescent health and mental health services, as well as placement services in appropriats and unique educational programs designed for youth at risk of school failure. The Program is 100 per cent reimbursed by Federal funds. A report of the Director of Finance recommending that Council concur in the request of the School Board, advising that this is the third appropriation of the School Board's fiscal year t996-97 Capital Maintsnance and Equipment Re.placement Program funding of $2,132,372.00, leaving an unappropnatm] balance of $1,112,703.00, was also before Council. (For full tsxt, see reports on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33117-091696) AN ORDINANCE to amend and reordain certain sections of the 1996-97 School and General Fund Appropriations, and providing for an emergency. (For full tsxt of Ordinance, see Ordinance Book No. 59, page t18.) 352 ACTION: Mr. Trout moved the adoption of Ordinance No. 33117-09t696. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowere 7. NAYS: None ......... 0. Mr. White encouraged the School Board to explore the feasibility of including school paving needs with the City's overall paving needs to determine if there would be a cost aavings. SCHOOLS-BONDS/BOND ISSUES-CAPITAL IMPROVEMENTS PROGRAM: A communication from the Roanoke City School Board advising that at a regular meeting on September 10, 1996, the School Board approved an application and a resolution for Roanoke City Public Schools to participate in the 1996 Virginia Public School Authority (VPSA) bond issue, with proceeds of the bond issue to be used in lieu of the Literary Fund loan approved by the State for Breckinridge Middle School, was before Council. It was requested that Council adopt a resolution indicating that the City desires to participate in the VPSA bond issue, and if the application is approved by the VPSA board, Council will be requested to hold public hearings and perform any other procedural matters that may be required to participate in the VPSA bond issue. 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 reports on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (~33t18-091696) A RESOLUTION authorizing the appropriate City officials to make application to the Virginia Public School Authority for financing under the Authority'a 1996 Interest Rate Subsidy Program. (For full text of Resolution, see Resolution Book No. 59, page 121.) 353 ACTION: Mr. Swain moved the adoption of Resolution No. 331184)91696. I The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None 0. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: HOUSING/AUTHORITY-TOTAL ACTION AGAINST POVERTY- GRANTS-HENRY STREET REVIVAL COMMITTEE: The City Manager submitted a written report advising that Council authorized a loan of Community Development Block Grant (CDBG) fonds to Total Action Against Poverty in the Roanoke Valley, Inc. (TAP), in the amount of $212,000.00, on February 5, 1990, for asbestos removal and other improvements to the Henry Street Music Center, pursuant to Ordinance No. 299224)20590; CDBG fonds loaned to TAP were originally intended for public improvements as a part of the plans of the Henry Street Revival Committee, which loan wes unsecured and was to be repaid in foil in two years with no interest; and pursuant to an agreement dated February 9, 1990, TAP agrc. cd to the provisions of the loan and that the loan would be payable in foil in two years. It was forther advised that on February 6, 1992, TAP requested that the loan be forgiven or extended for five years on the same terms; on March 9, 1992, Council authorized a five-year loan extension to be evidenced by a Note and secured by a D=cd of Trust, pursuant to Resolution No. 309014)30992, which loan extension provided that no interest would be charged and that the Note would be due and payable on February 9, 1997; TAP did not execute the Note or the Deed of Trust; TAP requestmJ that the $212,000.00 loan be forgiven and considered to have bccn a grant, pursuant to a letter dated July 6, 1994; City staff has worked with TAP to resolve the matter; and Total Action Against Poverty estimates that an additional $2.0 million is nccded to complete the Henry Street Music Center. 354 The City Manager recommended that he be authorized to amend the agrssment with Total Action Against Poverty to forgive the loan and ~ to notify the Depa,IJ~ent of Housing and Urban Development that the l. loan will be considered a grant and is no longer expected to be repaid; and terms and conditions for forgiving the loan will be monitored for compliance by the Office of Grants Compliance, which terms and conditions will require the following actions by Total Action Against Poverty: Return to the City 26 per cent of net program income generated by the Music Center for five years after the loan is forgiven (the percentage of program income that must be retumed is based on the amount of Community Development Block Grant funds used in relation to the total cost of the project). Report the number of jobe created as a result of the Music Centar for five years after the loan is forgiven or until the necessary job creation requirements are met (for the purpose of the CDBG program, the project is classified as economic development and job creation). Allow the City and the Henry Street Revival Committee to use the Music Center at no coat for 12 events (public hearings, meetings, etc.) each year for five years after the loan is forgiven. Not apply to the City for further CDBG funds for the Henry Street Music Center. Continue to seek other resources to further develop the Music Center. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: "A RESOLUTION authorizing the City Manager to execute the necessary documents to forgive the loan made to Total Action Against Poverty in the Roanoke Valley ("TAP") for the Henry Street Music Center (the 355 "Music Center"), and to notify the Department of Housing I and .Urban Development ("HUD") that the loan will be cons,dered a grant." ACTION: Mr. White moved the adoption of the Rssolu'don. The motion was seconded by Mr. Trout. Ms. Vemice J. Law, t019 Staunton Avenue, N. W., spoke on behalf of her family and other concerned citizens. She advised that the TAP loan was an unsecured, no interest loan which was to be repaid in two years, but the loan was quickly broken when an extension of five years was approved by the City, and now the loan is proposed to be forgiven with certain conditions attached. She stated that City officials knew at the time that the loan was authorized that TAP could not afford to repay the loan. She further stated that the loan was not made to save TAP from Ioaing $600,000.00 in grant money for the Dumas Hotel, because TAP applied for $600,000.00 to renovate the Ebony Club. She added that the Roanoke Redevelopment and Housing Authority and the City had other plans for the east side of Henry Street and did not want to release the Ebony Club property to TAP, therefore, the City and the Housing Authority made a deal with TAP to take the Dumas Hotel in exchange for the Ebony Club, and when asbestos was found in the Dumas Hotel, the City gave TAP the unsecured no interest loan to remove the asbestos. Mrs. Law advised that funds spent on the Dumas Hotel to date have ~ccn Federal community grant monies, with no strings attached, and inquired as to why conditions ara now proposed. She called attention to a communication under data of April 2, 1996, from the former owners of the Dumas Hotel, Wilton and Darthula Lash, addressed to Neva J. Smith, Executive Director, Roanoke Redevelopment and Housing Authority, and Theodore J. Edlich, III, Executive Director, Total Action Against Poverty, expressing frustration, disbelief and betrayal o~,er the way the property was forced to be sold to the City and to the Housing Authority under threat of condemnation and at a cost of approximately $15,000.00 below tax assessed value. Mrs. Law stated that if TAP's loan is to be forgiven, it should be forgiven without conditions which ara intended to be a stumbling block to keep blacks from regaining clear ownership of the building if a request to retum the Hotel Dumas to the former owners can be negotiated. She advised that in recognition of the many positive 356 conb...ibutions o~f. black citizens, they d.eserve to have at least, one building in the City that they can call their own. She added that if the ' I City can give a building to TAP, free of charge, and forgive s loan of $212,000.00, then the black community deserves help from the City of Roanoke to obtain ownership of the only historic building remaining in the black community. Henry H. Craigheed, 1625 Orange Avenue, N . E., expressed concern with regard to the City Manager's recommendation to forgive TAP's. He inquired as to how the City ran, in good conscience, forgive a $212,000.00 loan to TAP when it has parks in need of restroom facilities and .,unning water. He etated that he was adamantly opposed to using taxpayers' money to forgive TAP'e loan. Theodore J. Edlich, III, Executive Director, Total Action Against Poverty, advised that TAP responded to a vision of former Mayor Noel C. Taylor for revival of the Henry Street area which had fallen into decline over the past two to three decades. He stated that the consulting firm of Halcyon, Ltd., proposed a dining and entertainment area, of which a music center and jazz institute would be the anchor facility. He added that in order to respond positively to the community, TAP began to look at the role it could play to make the Halcyon proposal a reality, and at that time there was no public outcry against a well-advertised plan, thus, TAP felt it was doing something that would be an asset to the Ccommunity. He stated that TAP was successful in obtaining a $600,000.00 grant for the Ebony Club, but in its desire to work with the City, TAP waited for approximately a year and one-half until the City could decide on the best location for the music center. He explained that it was the decision of the City that it would be best for the music center not to be located on the east side of the street, therefore, the City offered the Dumas Hotel to TAP which, at that time, was in the hands of the Housing Authority. He added that TAP had no role in the acquisition or suggestion for acquisition of the Dumas Hotel property. Mr. Edlich explained that architects discovered asbestos throughout the Dumas Hotel building, at an estimated cost of $200,000.00 for removal before any work could be done, thus, a request was approved by Council for a loan. He stated that in private meetings, TAP advised that it did not have the resources to repay the loan and therefore requested funds in the form of a grant which was not 357 approved by the City. He explained that the TAP Board of Directors I then made a decision, to accept the loan and proc.esd accordingly. H.e. stated that the music center has been in continuous use since ,t opened and hosts a wide range of community affairs. Mr. Edlich added that in the 30 years of its operation, TAP has be. Ch responsible for bringing to the City of Roanoke over $207 million in outside money which has a total impact of $400,000.00 for the City, over $147,000.00 has bcc.'t paid in property taxes to the City during the past five years, $85 million of the $207 million budget has gone to wages of Iow income citizens, and a staff of 250 persons has sewed the needs of the City of Roanoke and its citizens. Inasmuch as Mrs. Law had not completed her remarks when her five minutes expired, Gloria Dowe, 3702 High Acres Road, N. W., read the remainder of Mrs. Law's prepared statement. In summary, she requested that if the TAP loan is to be forgiven, it should be granted without conditions, thereby leaving TAP free to consider the request to return the former Dumas Hotel to its former owners, Wilton and Darthula Lash. She advised that the Dumas Hotel is a piece of black history that black citizens can own, renovate and point to with pride. There was discussion with regard to whether TAP had the means to repay the loan when it was initially granted, terms and conditions of the loan, fundreising capabilities of TAP, and other funding problems as a result of the fire that destroyed the TAP facility on Shenandoah Avenue. Question was raised of the City Attorney if the City would be on firm legal ground to forgive the TAP loan if the following conditions were removed: Return to the City 26 per cent of net program income generatm] by the music center for five years after the loan is forgiven (the percentage of program income that must be returned is based on the amount of Community Development Block Grant funds used in relation to the total cost of the project. 358 ACTION: Report the number of jobe created as a result of the music center for five years after the loan is forgiven or until the necessary job creation requirements ars met (for the purpose of the CDBG program, the project ia classified aa economic development and job creation). '1 Allow the City and the Henry Street Revival Committee to use the music center at no cost for 12 events (public hearings, meetings, et=) each year for five years after the loan is forgiven. w Not apply to the City for CDBG funds for the Henry Street Music Center. Continue to seek other resoumss to further develop the music center. The City Attorney responded that whether or not the conditions are forgiven is a policy question to be detsrrnined by Council. He stated that of the aboveroferenced five conditions, it appears that only one of the ,ve woul? hay. ;ny prsj..,..dicial e,ect, with regard to sale. of the property which ~s the third condition. He pointed out that the th,rd '! condition would allow the City and the Henry Street Revival Committee to use the property for a certain number of days per year and none of the other conditions would interfere with sale of the property. There was discussion with regard to deleting the third condition; whereupon, Mr. White offered a subsidiary motion to table action on the matter until the next regular meeting of Council on Monday, October 7, 1996, at 2:00 p.m., pending receipt of additional information from the City Manager. The motion was seconded by Ms. Wyatt and adopted, Mayor Bowers voting no. BUDGET-HOUSINGIAUTHORITY-PLANNING-GRANTS-ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager submitted a written report advising that Council authorized $91,897.00 in Community Development Block Grant (CDBG) funds to support the 1996-97 administration and ecfivitiea conducted by the Roanoke Neighborhood Partnership through submission of the Consolidated i 359 ACTION: Plan to the Depa, b,,ent of Housing and Urban Development (HUD) for fiscal year 1996-97 on May t3, 1996, pursuant to Resolution No. 32939- 051396; and HUD approved of the City's fiscal year 1996-97 Consolidated Plan by letter dated July 12, 1996. It was explained that Council authorized an additional $5,000.00 in CDBG funds to the Roanoke Neighborhood Partnership on June 17, 1996, pursuant to Resolution No. 32992-061796, which additional funds were to be used for neighborhood planning; Council authorized appropriation of $96,897.00 in CDBG funds to the Roanoke Neighborhood Partnership on Monday, July 1, 1996, pursuant to Ordinance No. 33022-070196; and Council authorized $42,230.00 to support the 1996-97 administration and activities conducted by the Roanoke Neighborhood Partnership in City General Funds as part of the t996-97 General Fund budget approved by Council on Monday, May 13, 1996, which provides the Roanoke Neighborhood Partnership with more flexibility to meet the needs of Roanoke City neighborhoods that may not be eligible for CDBG funding. The City Manager recommended that Council authorize the transfer of $42,230.00 from the General Fund, Account No. 01-00493t0- 9535, to the Grant Fund, and establish a corresponding revenue estimate into an account to be established by the Director of Finance, and appropriate funds, in the amount of $42,230.00, to Roanoke Neighborhood Partnership accounts as identified in Attachment A to the City Managers report. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#33119-091696) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 122.) Mr. Harris moved the adoption of Ordinance No. 33119-091696. The motion was seconded by Mr. Swain and adopted by the following vote: 360 AYES: Council Membera Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None 0. BUSES-CHURCH AVENUE PARKING GARAGE-CENTURY STATION PARKING GARAGE-TOWER PARKING GARAGE- WILLIAMSON ROAD PARKING GARAGE-REPUBLIC PARKING SYSTEM, INC.-CAMPBELL COURT PARKING GARAGE-MARKET SQUARE PARKING GARAGE: The City Manager submitted a written report advising that the parking contract between the City and Republic Parking will expire on September 29, 1996; Council was so advised on August 19, 1996, and authorized advertising and selection of another contractor by competitive negotiations, which process will take an additional 60 - 90 days; in the meantime, a need exists to continue to operate the parking facilities, and an emergency exists to procure temporary parking services until the competitive negotiation process is complete. It was further advised that the Greater Roanoke Transit Company, former operator of most of the City's parking facilities, has offered to man. age and operate all of the parking facilities on a month- · to-.re, onth bes,s for a fee of $23,793.50 per month (including routine ~ ma,ntanance and security), in accordance with a letter dated Ill September 6, 1996. The City Manager recommended that he be authorized to execute a contract, in a form to be approved by the City Attorney, with the Greater Roanoke Transit Company, which contract may be assigned with the written consent of the City Manager, for temporary operation and maintenance of the City's parking facilities on a month-to-month basis for a fee of $23,793.50 per month. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (~33120-09t696) AN ORDINANCE authorizing the proper City officials to execute a contract upon certain terms and conditions with the Graatar Roanoke Transit Company for the provision of temporary 361 management and operation services for certain City owned or controlled parking facilities; and providing for an emergency. (For full text of Ordinance, sss Ordinance Book No. 59, page 124.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33120-091696. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Psrrott, Swain, Trout, White and Mayor Bowers .... 7. NAYS: None 0. POLICE DEPARTMENT-DONATIONS/CONTRIBUTIONS- DOWNTOWN ROANOKE, INCORPORATED: The City Manager submitted a written report advising that the Foundation for Downtown Roanoke, Inc., a tax-exempt organization, was established throe years ago by Downtown Roanoke, Incorporated, to raise the entire cost of operating the horseback Mounted Patrol Unit, which support includes all expenses incurred by the Mounted Patrol Unit, with the exception of salaries; at certain times, it is necessary for the Mounted Patrol Officers I to transport over long distances when participating in regional ho. ress training exercises with other Mounted Patrol Units or in transporting donated or purchased horses; and it is important that the vehicle used to tow the horse trailer be in sound mechanical condition. It was further advised that a 1992 Chevrolet Suburban 314 ton 4 x 4 vehicle has bccn donated by a private corporation (that wishes to remain anonymous); the donation was made to the Foundation for Downtown Roanoke, Incorporated, which transferred the vehicle to the Police Depa,~,ent Mounted Patrol Unit; the vehicle has an approximate value of $15,000.00; and action by Council is required to officially accept gifts to the City in excess of $5,000.00, pursuant to Section 2-263, Code of the City of Roanoke (1979), as amended. The City Manager recommended that he be authorized to accept the 1992 Chevrolet Suburban vehicle from the Foundation for Downtown Roanoke, Inc. (For full text, see report on file in the City Clerk's Office.) 362 ACTION: Mr. Swain offered the following resolution: (f/3312t-09t696) A RESOLUTION expressing appreciation and authorizing the City Manager to accept a gift from the Foundation for Downtown Roanoke, Inc., to be used in connection with the Mounted Patrol Unit of the Police Depa,~,;ent- (For full text of Resolution, see Resolution Book No. 59, page 125.) Mr. Swain moved the adoption of Resolution No. 3312t-091696. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, Wl~ite and Mayor Bowers 7. NAYS: None .... 0. HUMAN DEVELOPMENT-CITY EMPLOYEES: The City Manager having previously submitted a written report with regard to conversion of half-time positions to full-time positions in the Department of Social Services, the City Manager requested that the report be withdrawn; whereupon, Council concurred in the request. BUDGET-GRANTS-ROANOKE SYMPHONY ORCHESTRA- HUMAN DEVELOPMENT COMMITTEE-ARTS COUNCIL OF ROANOKE VALLEY-MILL MOUNTAIN THEATRE: The City Manager submitted a written report advising that the City was notified of a Local Government Challenge Grant available through the Virginia Commission for the Arts, which funds am available on a 50150 matching basis, 50 per cent State and 50 per cent local; application for the grant was made at the request of the Arts Council of Roanoke Valley, Roanoke Symphony Orchestra, and Mill Mountain Theatre; and Roanoke has received funding from the Local Govemment Challenge Grant for several years. It was explained that notification from the Commission for the Arts has been received that s grant of $4,000.00 is available, which grant will supplement funds already appropriated from the City to the organizations through the Citizens Services Committee; local funds will meet the 50150 match required by the challenge grant; and grant funds, in the amount of $4,000.00, will be distributed to The Arts Council of Roanoke Valley ($1,333.00), Roanoke Symphony Orchestra ($t,333.00), and Mill Mountain Theatre ($1,334.00). 363 The City Manager recommended that Council accept the I $4,000.0.0 grant from the Virginia Commission for the Arts; and appropnats $4,000.00 to revenue and expenditure accounts to be established in the Grant Fund by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (//331224)91696) AN ORDINANCE to amend and rssrdain certain sections of the 1996-97 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 126.) ACTION: Mr. Swain moved the adoption of Ordinance No. 331224)91696. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Boware 7. NAYS: None 0. Mr. Swain offered the following resolution: (#331234)91696) A RESOLUTION authorizing acceptance of a Local Government Challenge Grant from the Virginia Commission for the Arts. (For full text of Resolution, see Resolution Book No. 59, page 127.) ACTION: Mr. Swain moved the adoption of Resolution No. 331234)91696. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None 0. 364 ACTION: HUMAN DEVELOPMENT-FDETC-YOUTH: 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; the City act-, as fiscal depository of all Consortium funds, pursuant to agreement of the localities in the Fifth Planning District; and the Fifth Planning District has been designated as a service delivery area by the Governor of Virginia. It was further advised that the Governor's Employment and Training Department requires concurrence with agreements by the FDETC Policy Board, PHvate Industry Council, and the City as depository of the funds; the agreement, which has not changed significantly from previous years, clarifies the roles, responsibilities, and liability of the service delivery area, which includes FDETC Policy Board, Private Industry Council, and the City of Roanoke as grant recipient. The City Manager recommended that he be authorized to sign agreements with the Governor's Employment and Training Del)arb,tent for Program Year 1996-97. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#33124-091696) A RESOLUTION authorizing execution of an agreement by and between the Governor's Employment and Training Department, the Fifth District Employment and Training Consortium, and the City of Roanoke. (For full text of Resolution, see Resolution Book No. 59, page 127.) Mr. Harris moved the adoption of Resolution No. 33124-091696. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowara. 7. NAYS: None 0. 365 CiTY ATTORNEY: BUILDINGS/BUILDING DEPARTMENT-TAXES-REFUSE COLLECTION-BILLINGS AND COLLECTIONS-ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Attorney submitted a written report advising that there exists within the City certain real property on which real estate taxes, or weed/trssh abatement assessments or demolition/board-up assessments ("taxes and other assessments") are delinquent, and despite vigorous collection efforts, the owners have refused to pay the debts; and in addition to the collection issue, in many instances these proper'dss also cause concern to surrounding property owners because the property is not cared for and properly maintained, thereby being a blight on the neighborhood. It was further advised that in the pest, the Office of City Attomey has handled all delinquent tax sales; however, given the new requirement that in order to redeem the property before the date of sale, a delinquent taxpayer must pay all reasonable attorney's fees, this would be an excellent area in which to hire local private attorneys. The City Attorney stated that it would be his intention to send a letter to all attorneys in the City w?o do rsa. I estate a.n.d collection work to I determine those who are ~n.tarsstsd ,n representing the City in the sale of real estate to collect del,nquent taxes and other assessments; and private attomeys would be paid by the property owner when delinquent taxes or other assessments are paid, or out of the sale proceeds at the time of sale. The City Attorney advised that his office will work in conjunction with the Office of Billings and Collections, the Neighborhood Partnership Office, and the Building Department to identify property which can be sold pursuant to the delinquent tax sale provisions of the State Code; while the list is being developed, he intends to locate private attorneys interested in assisting the City with the sales; once a list of property which can be sold pursuant to tax sale provisions of the State Code has been finalized, a report will be presented to Council seeking authorization to sell specific parcels; at this time, it appears that there ars approximately 70 parcels which might qualify for sale, and given this number, it is hoped that several attorneys or firms will express interest in representing the City in these tax sales. (For full text, see report on file in the City Clerk's Office.) 366 ACTION: ACTION: V~thout objection by Council, the Mayor advised that the report would be received and filed. REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: BUDGET-REFUSE COLLECTION-SCHOOLS-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that Council would continue itt briefing on the bulk/brush collection program which was carried over from the 12:30 p.m. session of Council. Mr. Swain addressed the matter of litter around convenience stores and fast food resttturantt which blows into adjoining neighborhoods, and inquired as to the feasibility of employing studentt from the Roanoke City Public Schools to assist with clean-up efforts. Council Member Harris requested that any changes with regard to the build brush collection program be submitted to Council in sufficient time that the matter may be included in 1997-98 budget study deliberations; whereupon, Mr. Harris moved that the issue of bulkZbrush collection be referred to 1997-98 budget study. The motion was seconded by Mr. Trout and adopted. ARCHITECTURAL REVIEW BOARD: Council having previously continued a request of David C. Helscher, Attorney, representing the Episcopal Diocese of Southwestern Virginia, in connection with an Architectural Review Board appeal process to demolish structures located at t010 and 1014 First Street, S. W., the matter was again before the body. The Mayor referred to a communication from Mr. Helscher under date of September 16, 1996, requesting that the matter be continued. Mr. Trout moved that Council concur in the request of Mr. Helscher and that the matter be continued until the regular meeting of Council on Monday, November 18, t996, at 7:00 p.m. The motion was seconded by Mr. White and adopted. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 367 ACTION: VIRGINIA MUNICIPAL LEAGUE-COUNCIL: Inasmuch as Virginia Municipal League Ho~t City Night will be held on Monday, October 21, 1996, in the City of Roanoke in conjunction with the Virginia Municipal League Annual Conference, it will be necessary to reechedule the City Council meeting to be held on that date; whereupon, Mr. Harris offered the following resolution: (#33125-091696) A RESOLUTION providing that the regular meeting of City Council scheduled to be held at 12:30 p.m., 2:00 p.m. and 7:00 p.m., on Monday, October 21, 1996, shall be held at 12:30 p.m., 2:00 p.m. and 7:00 p.m. on Wednesday, October 23, 1996. (For full text of Resolution, see Resolution Book No. 59, page 128.) Mr. Harris moved the adoption of Resolution No. 33125-091696. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers ..... 7. NAYS: None. 0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTION: BUDGET-BUSES-SCHOOLS: Mr. Swain advised that each year the amount of the City's subsidy to the bus system increases, and citizens continue to ask why the City operates two bus systems at the expense of taxpayers when at times there are empty transit buses and partially empty school buses. He added that citizens continue to inquire as to why the two bus systems cannot be consolidated in order to be more cost effective; therefore, he suggested that a feasibility study be prepared to determine cost savings, if any. Vice-Mayor Wyatt advised that the transporting of children is a complex issue and many questions will need to be addressed. Mr. Swain moved that the matter of preparing a feasibility study to address the question of merger of school buses and public transit buses be referred to the City Manager and to the Roanoke City School 368 Board, with a report to Council and to the School Board prior to t 997-98 budget study. The motion was seconded by Mr. Trout and adopted, Council Member Harris and Vice-Mayor Wyatt voted no. COMPLAINTS-CELEBRATIONS-NEWSPAPERS: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., presented information with regard to a letter written by the City's Public Information Officer and the Cable Television Government Access Director in clarification of alleged inaccurate information contained in an article written by Roanoke THbunq reporter Mary Hamlin, which appeared in the August 15, 1996, edition of the ~ regarding the Ali-America City presentation. She advised that the letter was uncomplimentary to the owner, editor and publisher of the ~&DgJ;~JlbUJ~ and to the black community at-large. She further advised that she has made suggestions to City officials that an apology to the Editor of the ~ and to the black community would be in order. At 4:40 p.m., the Mayor declared the meeting in recess. ACTION: At 5:10 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. Swain 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 ware heard, discussed or considered by City Council. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers.. 7. NAYS: None BUDGET-INDUSTRIES-GRANTS-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that 200 residential units representing 500 residents reside on Westside Boulevard between Shenandoah Avenue and the entrance to Roanoke Electric Steel; a $14 million expansion of Roanoke Electric Steel will increase truck trips to more than 365 per day on Weetside Boulevard; 369 Roanoke Electric Steel has requested that a new commercial entrance onto Peters Creek Road be allowed for the purpose of improving ingress and egress and to remove truck traffic from Westeide Boulevard; the new entrance would greatly reduce problems related to safety issues involving an industrial road dissecting a residential neig.h, borhood, as well as eliminate acce.s~., p.ro. bleme caused by flooding of the current road; and the V;rgin,a Department of Transportation has given approval for $323,850.00 in State Industrial Access funds for the public portion of the proposed new access road, as follows: $323,850.00 23,850.00 1.106.00 $348,806.00 $ 70.000.00 $418.806.00 $ 70.000.00 $488.806.00 State Industrial Access Funds City Matching Funds City Cost Is Two Per Cent Total Coat, Excluding Right-Of-Way Acquisition Of Right-Of-Way Subtotal Project Contingency Total Project Cost It was noted that the $323,850.00 in Industrial Access Funds would become 100 per cent City expense if Roanoke Electric Steel ia not able to eliminate truck trips from Wssteide Boulevard in three years from start of construction on the access road. It was further advised that Roanoke Electric Steel is implementing a $14 million expansion plan which will result in new tax revenue of $289,800.00 in the first year; Roanoke Electric Steel has agreed to build that portion of the road from within the facility and across the property to be acquired from Norfolk Southern and construct an industrial access road to connect with the public industrial access road; a portion of the proposed road traversing the newly acquired property would be paid by a grant from the City to the Industrial Development Authority up to $260,000.00, with maintenance of that portion of the road to be the responsibility of Roanoke Electric Steel; the Industrial Development Authority has authorization to make grants to businesses for economic development purposes, in accordance with a recent statute amendment passed by the General Assembly; and the Industrial Development Authority concurs in the proposed agreement. The City Manager recommended that Council concur in the following actions: 370 ACTION: Authorize the donation of up to $260,000.00 for economic develop..m, ent to the Industrial Development Authority (IDA) of the C,ty of Roanoke to fund a grant from the IDA to Roanoke Electric Steel and authorize the City Manager to enter into an agreement, in a form to be approved by the City Attorney, with Roanoke Electric Steel, the City and the Industrial Development Authority allowing the IDA to make an Economic Development Grant to Roanoke Electric Steel providing for the construction of the portion of the new access road between their current property line and the public road. The grant would be contingent upon Roanoke Electric Steel investing $14 million in new plant expansion and constructing and maintaining the abovedsscribed portion of the road. Further, the agreement would provide that the City would construct a public road from the Petera Creek Road Extension to the private road to be constructed by Roanoke Electric Steel, with cost of the public road not to exceed $600,000.00. Authorize the Director of Finance to transfer $260,000.00 from Economic ..D~.velopment Grant or from an Undesignated Cap;tal Fund Interest account to a new account to be sstab!ished by the Director of Finance for the purpose of donating up to that amount to the Industrial Development Authority. Transfer $488,806.00 from an Undesignated Capital Fund Interest account to a new account to be established by the Director of Finance. Mr. Trout offered the following emergency budget ordinance: (#33126-091696) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Capital Fund Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 129.) Mr. Trout moved the adoption of Ordinance No. 33126-091696. The motion was seconded by Mr. Swain and adopted by the following vote: 371 AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None- 0. Mr. Trout offered the following emergency ordinance: (#33127-091696) AN ORDINANCE providing that the City of Roanoke will donate an amount up to $260,000.00 to the Industrial Development Authority of the City of Roanoke, Virginia (Authority), for purposes of promoting economic development in the City and the Roanoke Valley in order to fund the grant that the Authority intends to make to Roanoke Electric Steel Corporation (RESC) and authorizing the proper City officials to execute an agreement between the City of Roanoke, the Authority, and RESC that provides for the development and construction of a public road by the City and a private road and private driveway by RESC upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 130.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33127-091696. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None 0. OATHS OF OFFICE-COMMITTEES-BUSES-PLANNING- INDUSTRIES: The Mayor advised that Roanoke City and Roanoke County previously agreed to appoint representatives to a Metropolitan Transportation District Study Committee; whereupon, he opened the floor for nominations. Mr. White placed in nomination the names of Thomas L. Robertson, Bittle W. Porterfield, III, and Vice-Mayor Linda F. Wyatt. There being no further nominations, Messrs. Roberteon and Porterfield and Vice-Mayor Wyatt were appointed as the City's representatives to the Metropolitan Transportation District Study Committee by the following vote: 372 ACTION: ACTION: ACTION: FOR MESSRS. ROBERTSON AND PORTERFIELD AND VICE- MAYOR WYATT: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .... OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that the term of office of James W. Burks, Jr., as a Commissioner of the City of Roanoke Redevelopment and Housing Authority Board of Commissioners expired on August 31, 1996, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of James W. Burks, Jr. There being no further nominations, Mr. Burks was reelected as a Commissioner of the City of Roanoke Redevelopment and Housing Authority Board of Commissioners for a term ending August 31, 2000, by the following vote: FOR MR. BURKS: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers... 7. COMMITTEES-FIFTH PLANNING DISTRICT COMMISSION: The Mayor advised that the term of office of Marsha C. Fielder as a member of the Roanoke Valley Area Metropolitan Planning Organization expired on June 30, t996, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Marsha C. Fielder. There being no further nominations, Ms. Fielder was reelected as a member of the Roanoke Valley Area Metropolitan Planning Organization for a term ending June 30, 1999, by the following vote: FOR MS. FIELDER: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER: The Mayor advised that the terms of office of Mark E. Feldmann and M. R. Khan aa members of the Roanoke Civic Center Commission will expire on September 30, 1996, and called for nominations to fill the vacancies. Mr. Harris placed in nomination the names of Mark E. Feldmann and M. R. Khan. 373 ACTION: ACTION: ACTION: There being no further nominations, Messrs. Feldmann and Khan were reelected as members of the Roanoke Civic Center Commission, for terms ending September 30, 1999, by the following vote: FOR MESSRS. FELDMANN AND KHAN: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers-. 7. OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that there ia a vacancy on the Youth Services Citizen Board created by the resignation of Katrina Martin, and called for nomina~ons to fill the vacancy. Mr. Harris placed in nomination the name of Todd St. Clair. There being no further nominations, Mr. St. Clair was elected as a member of the Youth Services Citizen Board to fill the unexpired term of Katrina Martin, resigned, ending May 31, t998, by the following vote: FOR MR. ST. CLAIR: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. COMMITTEES-LEGISLATION-FIFTH PLANNING DISTRICT COMMISSION: The Mayor advised that the City has boca requested by the Fifth Planning District Commission to appoint a representative to the Fifth Planning District Legislative Committee; whereupon, he opened the floor for nominations. Mr. Harris placed in nomination the name of David K. Liak. Them being no further nominations, Mr. Lisk was elected as the City's representative to the Fifth Planning District Legislative Committee by the following vote: FOR MR. LISK: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers ........ 7. COMMITTEES-COUNCIL-REFUSE COLLECTION: Council having previously appointed John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., William F. Clark, Jesse A. Hall, and James D. Ritchie, Sr., as members of the Solid Waste Collection and Disposition Committee, it was the consensus of Council that Council Member John H. Parrott would serve aa Chair of the Committee. 374 OATHS OF OFFICE-?OMMII-[EES-B.UILDINGSIBUILDING DEPARTMENT: The Mayor adwssd that there ~.s..a. vacancy on .the Building Code Appeals Board, Volume I (Bu,ld~ng Construction · Division), due to expiration of the term of Curds L. Ratiiff, and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Edward S. Colonna. The Mayor further advised that there is a vacancy on the Building Code Appeals Board, Volume I (Building Construction Division), for the position of alternate member, and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Curds L. Ratliff. There being no further nominations, Mr. Colonns was elected as a member of the Building Code Appeals Board, Volume I (Building Construction Division), for a term ending September 30, 2001; and Mr. Ratliff was elected as an alternate member of the Building Code Appeals Board, Volume I (Building Construction Division), by the following vote: ACTION: FOR MESSRS. COLONNA AND RATLIFF: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowam 7. At 5:15 p.m., the Mayor declared the meeting in recess until 7:00 p.m. At 7:00 p.m., on Monday, September 16, 1996, the Roanoke City Council meeting reconvened in regular session in the City Council Chamber, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding: PRESENT: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. ABSENT: None JOFFICERS PRESE.NT: W. Robert Herbert, City Manager; ames D. Ritchie, Sr., Ass,stant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. 375 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 Master Brian Wygal, Boy Scout Troop No. 5. HEARING OF CITIZENS UPON PUBLIC MATTERS: COMPLAINTS-PARKS AND RECREATION: Claude S. Allen, Jr., 1750 Lansing DHve, Salem, Virginia, Roanoke Parka and Recreation Sandlot Football Coach, appeared before Council and expressed concern with regard to the number of sandlot football games sponsored by the City which have decreased from 11 games in 1995 to seven games in 1996 due, according to Parks and Recreation officials, to lack of funds. He requested that sandlot teams be permitted to participate in play-off games. Ms. Becky S. Leonard, 1302 Brighton Road, S. W., representing the Heights Recreation Club, called attention to similar problems with all youth recreational programs. She expressed concern that only 16 per cent of the Parks and Recreation budget is devoted to youth athletic programs. She also expressed concem over cutbacks in funding for equipment and cheerleading competition, actual playing time has decreased to four weeks with only two play-off games which means that three teams compete in the play-o;;;,, and all other teams are eliminated after four weeks. She stated that each time there is a cut in the youth athletic program and parents inquire as to the reason, they are told that there is a lack of funds. ACTION: Mr. Trout moved that the matter be referred to the City Manager for study and report to Council. The motion was seconded by Mr. Swain. Following further discussion, Mr. Trout offered an amendment to the motion to request that the City Manager provide Council with a cost estimate for constructing a soccer field on Grandin Road, S.W. The amendment was seconded by Mr. Swain. There was discussion in which certain Council Members spoke for and against the amendment to the motion; some Members of Council noted that the City has a Capital Improvement Program procedure which should address the question of a soccer field; some Council Members stated that Council has established operating rules 376 in order to be fair to all citizens, and Council should hold itself accountable to its own rules; and other Members of Council expressed the opinion that no specific action was being requested with regard to a soccer field. Annette A. Johnson, 3515 Lilac Avenue, N. W., Athletic Director, Wilmont Recreation Club, expressed concern with regard to funding cuts in the youth recreation programs. She called attention to the lack of activities fur youth, which is a contributing factor to juvenile delinquency. Ma. Leonard advised that Council appeared to be divided over the two-part motion, viz: funding for youth athletic programs and a soccer field on Grandin Road. She explained that parents were in attendance out of their concern for youth athletics and not in connection with a soccer field; therefore, she requested that the two items be voted on separately by Council. Michael F. Urbanski, 2108 Mount Vernon Road, S. W., President, Greater Raleigh Court Civic League, advised that in the fall of 1995, children in the area were asked to discontinue any play activity on the field next to Patrick Henry High School due to the existence of rocks. He explained that a study was conducl~l under the sponsorship of the Greater Raleigh Court Civic League to determine if the area would be suitable for a soccer field, and private residents arranged for grading and filling at no cost to the City. He stated that the project is in the preliminary stage at this time, the Greater Raleigh Court Civic League is working with the Parks and Recreation Deparl~ent, and no City funds are requested. Ms. Katherine R. Hale, 2505 Avsnel Avenue, S. W., advised that parents were in attendance out of their interest in youth athletics and they should not be chastised for expressing their concerns. The Reverend Clay L. Dawson, 3720 Northridge Road, N. W., President, Northwest Recreation Club, addressed the issue of youth athletics across-the-board, and requested that the matter be referred to the City Manager for investigation and report to Council. Vice-Mayor Wyatt offered a substitute motion that Council separate the main motion from the amendment. The substitute motion was seconded by Mr. White and adopted. 377 ACTION: Following discussion, Mr. Trout withdrew his amendment to the main motion with reference to a cost estimate for a soccer field on Grendin Road, and Mr. Swain withdrew his second to the amendment. Upon acclimation of the Council, the main motion was adopted. PUBLIC HEARINGS: ZONING-WEST END CENTER: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, September 16, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the West End Center, Inc., that a tract of land located at 1221 Chapman Avenue, S. W., identified as Official Tax No. 1213512, 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. Legal advertisement of the public hearing was published in The Bg~]GV~JD~ on Friday, August 30, 1996, and Friday, September 6, 1996, and in the l~]9~_,T.~zJ~ on Thursday, September 5, 1996. (See publisher's affidavits 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 Official Tax No. 1213512, located at 1221 Chapman Avenue, S. W., immediately to the rear and across the alley from the West End Center, Inc., and comprising approximately 0.16 acre, into a zoning classification which will permit development of off-site parking to serve tutors and parents of West End Center clients, was before Council. The Planning Commission recommended approval of the request for rezoning, and advised that the rezoning would improve safety for volunteers and parents of West End Center clients and would support the mission and programs of the West End Center for Youth. (For full text, see report on file in the City Clerk's Office.) Katheryn R. Hale, Executive Director, West End Center, Inc., appeared before Council in support of the request. 378 ACTION: Mr. Swain moved that the following ordinance be placed upon its first reading: (t/33128) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 121, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant (For full tsxt of Ordinance, See Ordinance Book No. 59, page 132.) The motion was seconded by Mr. Trout The Mayor inquired if there ware persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 33128 was adopted on its first reading by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White 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, September 16, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of C & C Development, L.L.C., that a certain 1.97-acrs b-act of land located at the northeast comer of Brsndon Avenue and Edgewood Street, S. W., identified as Official Tax No. 1610211, be rezoned from RM-2, Residential Multifamily, Medium Density District, and C-2, General Commercial 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 ~ on Friday, August 30, 1996, and Friday, September 6, 1996, and in the ~ on Thursday, September 5, 1996. (See publisher's affidavits on file in the City Clerk's Office.) J 379 A report of the City Planning Commission advising that the purpose of the request for rezoning is to permit the development of a new neighborhood drug store and pharmacy by Rite Aid Corporation, was before Council. The Planning Commission recommended approval of the request for rezoning, and advised that the proposed project has been carefully discussed with the Raleigh Court Civic League, City staff, and the Planning Commission relative to uses, development of the property, and design of the building; commercial zoning already exists at the corner of Edgewood Street and Brandon Avenue; and expansion of the district for the proposed development is considered reasonable and appropriate with the conditions that have been proffered. (For full text, see report on file in the City Clerk's Office.) G. Michael Pace, Attorney, appeared before Council in support of the request of his client. ACTION: Mr. Parrott moved that the following ordinance be placed upon its first reading: (#33129) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 16t, 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. 59, page 133.) The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. G. Michael Pace, Jr., Attorney, representing the petitioner, appeared before Council in support of the request of his client. He advised that it is the intent of the petitioner to design neighborhood drug stores that fit in with the overall character of the neighborhood, and explained that Rite-Aid Drug Stores are not destination stores, but they are designed specifically to meet the needs of the residents in a 380 particular area, as opposed to drawing traffic from across town to a particula.,r Iocati?. He stated that the proffered condition.s were i~ voluntarily submitted to address concerns of neighborhood residential ~.. areas and to ensure that the structure will be aesthetically pleasing, Michael F. Urbanski, President, Greater Raleigh Court Civic League, advised that representatives of C & C Development worked with the neighborhood association to redefine the project, and called attention to the following concerns of the Greater Raleigh Court Civic League: (1) Edgewood Street currently serves aa a buffer for the neighborhood which will be somewhat eroded when and if the proposed development occurs; (2) increase in traffic from the proposed development as well ss Paters Creek Road Extension; (3) the size of the building; (4) (5) adverse economic impact on existing businesses located in the core area of Grandin Road; and impact on the loss of this site as a potential location for a fire station. He advised that considering all of the above factors and the present state of the property, the Greater Raleigh Court Civic League Board of Directors voted unanimously not to oppose the project Mr. and Mrs. Christopher L. Tschappatt, 2801 Brandon Avenue, S. W., advised that there will be approximately 50 feet between the corner of their house and the edge of the proposed drug store, and requested that Council deny the request for rezoning based on the effect that the structure will have on their residence and on their ability to sell their property at some time in the future. They called attention to the historical value of their home which dates back to as early as the t750's or as late as the 1830'a. 381 Mr. Pace adviaed that the proposed rezoning is consistent with the City's Comprehensive Plan, rezoning will allow for the highest and beat use of the property which has remained unused for some time, rezoning will provide for beautification of the property and proffered conditions will limit any adverse impact on surrounding property, including the property owned by Mr. and Mrs. TechappatL No other persons wishing to be heard, Ordinance No. 33129 was adopted, on its first reading, by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None-, 0. 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, September 16, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Jack Randall that a tract of land located at 2044 Brsmbleton Avenue, S. W., identified as Official Tax No. 1260108, be rozoned from RS-l, Single-femily Residential District, to C-1, Office District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertiesment of the public hearing was published in The ~ on Friday, August 30, 1996, and Friday, September 6, 1996, and in the ~ on Thursday, September 5, 1996. (See publiaher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission recommending denial of the request for rszoning, was before Council. The Planning Commission advised that while some members of the Commission felt that the rezoning was reasonable and that the petitioner had proffered conditions which addressed concerns, other members shared neighborhood concerns regarding the impact of continued commercial development on the residential community. (For full text, see report on file in the City Clerk's Office.) Edward A. Natt, Attorney, appeared before Council in support of the request of his client. 382 ACTION: Mr. Trout moved that the following ordinance be placed upon its . . first reading: I "AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 126, Sectional t976 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. Swain. The Mayor requested that communications from Mary Glenn Copenhaver, John D. Copenhaver, C. Y. and Kay H. Scott, and Ray and Carole Mayberry in opposition to the request for rezoning be made a part of the record. (For full text, see communications on file in the City Clerk's Office.) The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. Edwa~ A. Naif, Attorney, representing the petitioner, appeared before Counctl in support of the request of his client He advised that the property has been on the market for sale for approximately two years without success, a petition for rezoning was filed, the City Planning Commission recommended denial of the request due to parking questions and intrusion ora commercial area into a residential neighborhood, the matter was scheduled for public hearing before Council at which time his client requested that it be referred back to the City Planning Commission because a parking plan had been developed to demonstrate that parking could be provided in front of tho existing house and no parking would be allowed at the rear of the house adjoining the residential neighborhood, the matter was again heard by the City Planning Commission, and the City Planning Commission again recommended denial on a 3 - 2 vote. Mr. Naif explained that his client purchased the property as a joint residence/business, and made the decision to pursue the rezoning out of his concern for what would happen if he decides to sell the property at some future date. He stated that the parking problem has been resolved, in accordance with a plan prepared by Lang Engineering Company which shows the required number of parking spaces based upon square footage as required by the Zoning Ordinance, therefore, 383 off-street parking can be provided in front of the house where the present driveway exists without any further intrusion into the neighborhood. He pointed out that residents on Oakwood Drive base their opposition on the fact that it would provide further intrusion into the residential areas; however, he submitted that it is a logical extension of a commercial zone. He further submitted that it is a reasonable rezoning request as supported and recommended by City Planning staff, and requested Council's favorable consideration. Mr. L. Thompson Hanss, 1036 Oakwood Drive, S. W., advised that a number of residents were in attendance to voice their opposition. He expressed concern with regard to safety, aesthetics, and policy issues. In regard to safety concerns, he explained that Brambleton Avenue is a busy thoroughfare and if an additional entrance for commercial development is allowed, there will be the potential for blocking views of traffic exiting Oakwood Drive onto Brambleton Avenue and the Oak Hill area. He advised that the rezoning is opposed due to aesthetic reasons inasmuch as the entrance to Oak Hill has two stone and brick columns that serve as definition points and creeping commercialism up Brambleton Avenue from the comer of Brandon and Brembleton Avenues might eventually involve signage, and increased traffic, and if the property is sold at some future date, it is doubtful that existing parking spaces would be sufficient. He stated that City Council has encouraged high quality, high value residential growth within the City, a high quality, high value neighborhood exists in the Oak Hill area, and he questioned why the City would counteract its efforts to encourage that type of neighborhood setting by approving the request for rezoning. For the above reasons, he requested that the rezoning request be denied. Mr. Barry M. Tatel, 1101 Oakwood Drive, S. W., appearing on behalf of himself and Dr. and Mrs. C. E. Swecksr, 1117 Oakwood Drive, S. W., expressed opposition to the request for rezoning. He advised that the property was sold as residential property and is currently being occupied as a residence by the petitioner. He explained that the property has been a residence for approximately 20 years and is located at the rear of the Swecker property, therefore, Dr. and Mrs. Swecker would be directly effected by any change in the use of the property from residential to commercial. He stated that if the property is sold and used for commercial purposes in the future, parking will be a problem because employees would use the majority of the six allotted off street parking spaces. He advised that a major concern of property owners on Oakwood Drive is that a precedent would be set for the 384 .rezoning of property along Brambleton A.v.e. nue which would encroach ,nto the residential areas. He sta?l that ,t ~s strongly believed that the highest and best use of the subject propezty and other property on Bmmbleton Avenue is for residential purposes, and urged that Council deny the request for rezoning. Mr. Raybom F. Sublett, 1t20 Oakwood Drive, S. W., advised that any future businesses locating on the subject property would require more than the six allotted parking spaces, therefore, if more parking spaces are needed, vehicles will park on Oakwood Drive which will lead to traffic congestion. He spoke against rezoning the property for commercial purposes. Dr. John A. Martin, 914 Oakwood Drive, S. W., expressed concern with regard to parking. He stated that any successful business operation will require more than the six allotted parking spaces; therefore, motorists will torn onto Oakwood Drive, thus creating a traffic problem and considerable inconvenience to residents of the area. Mr. T. Dalton Miller, 10t40akwood Drive, S. W., advised that it does not appear, to be prudent to grant a blank c.heck.f_or rezoning for =-- future commercial purposes that have not been identified. He added I that there appears to be no shortage of office space in Roanoke and until there is, he could see no reason to create additional space. He asked that Council deny the request for rezoning. No other persons wishing to address Council, the ordinance rezoning the property was lost by the following roll call vote: AYES: None 0. NAYS: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. At 8:55 p.m., the Mayor declared the meeting in recess. At 9:05 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. 385 ACTION: ROANOKE VALLEY RESOURCE AUTHORITY-REFUSE COLLECTION: Puraoant to a request of the City Manager, the City Clerk having edveribed a public hearing for Monday, September 16, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to adoption of a Resolution authorizing Articles of Amendment to the Roanoke Valley Resource Authority Articles of Incorporation and an Amendment to the Roanoke Valley Resource Authority Membera Use Agreement to authorize the Authority to engage in or provide for commercial and/or residential garbage and refuse collection activities or services, the matter was before the body. Legal advertisement of the public hearing was published in The ~ on Friday, August 16, 1996. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report resubmitting his report under date of Auguat 5, t996, recommending that Council schedule a public hearing, transmitting financial facts that project the impact on Roanoke City should various private haulers divert solid waste from the regional solid waste disposal system in which the City participates; and recommending that Council support the request of the Roanoke Valley Resource Authority to obtain the same authority as the City of Roanoke to collect solid waste. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: 'A RESOLUTION authorizing Articles of Amendment to the Roanoke Valley Resource Authority Articles of Incorporation and an Amendment to the Roanoke Valley Resource Authority Members Use Agreement to authorize the Authority to engage in or provide for commercial and/or residential garbage and refuse collection activities or services." Ms. Wyatt moved the adoption of the Resolution. The motion was seconded by Mr. Swain. 386 The Mayor inquired if there ware persons present who would like to address Council with regard to the proposed amendment. John R. Hubbard, Executive Director, Roanoke Valley Resource Authority, advised that in October 199t, the Resource Authority was formed by Roanoke City, Roanoke County and the Town of Vinton to provide a solid waste system for the Roanoke Valley. He stated that as a part of the founding documents, local governments anticipated that amendments would be made from 'dine to time, as necessary, and made provisions for such amendments. He explained that the Roanoke Valley Resource Authority is requesting consideration and approval of an amendment that would authorize the Resource Authority to engage in collection of residential and/or commercial garbage and refuse, and the request is submitted because the City, County and Town are currently considering regionslizJng trash collection which will result in substantial savings to the localities, the Resource Authority has been identified as a potential provider of these services, and the proposed amendment would allow the Resource Authority to fill the role if requested. Mr. Hubbard explained that the Resource Authority is not requesting or suggesting that it take over collection services provided .b.y the City, County or Town, but it is preparing to assist the localities if necessary and if requested with regional collection. He statad that the proposed amendment also provides the Resource Authority with the ability to engage in the collection of commercial waste, that both the City, County, and Town currently collect certain commercial waste with residential collections and this same ability needs to pass to the Resource Authority. He added that the proposed amendment will also provide the opportunity for the Resource Authority to collect commercial waste currently being collected by private companies. He explained that approval of the amendment does not authorize the Resource Authority to begin collection, because additional public hearings will be required, and authority must be given by the City, County and Town prior to initiation of collection. He stated that local governments ara responsible under Federal and State regulations for the proper disposal of solid waste generated within their jurisdictions, and local governments ara also responsible for the health, safety and welfare of their citizens. 387 Mr. Hubbard added that the City, County and Town are obligated to pay their share of any Resource Authority budget deficit if adequate revenues are not received from disposal fees. He stated that the City, County and Town, through the Roanoke Valley Resource Authority, have invested $42 million in the current waste disposal system and annual debt payments are $3 million, or approximately 30 per cent of the Resource Authority's budget. He explained that commercial waste received by the Resource Authority represents 58 per cent of total revenue and of that amount, the three major haulers represent 80 per cent of commercial waste revenue, or approximately $4.4 million, and with the potential to lose that amount of funds and the potential of waste to be diverted to landfills in other states or Virginia communities, it is essential that the localities be in a position to capture and retain this flow of income if necessary. He advised that the City, County and Town will face drastic increased costs to solid waste operations if waste is diverted to other landfills. In summary, Mr. Hubbard advised that the Roanoke Valley Resource Authority is requesting the ability to assist local govemmente in their efforts to collect residential and commercial waste, along with protecting the Roanoke Valley's investment, and Council's approval of the requested amendment will enable the Resource Authority to provide collection, but does not authorize initiation of collection. Karen D. Freeland, representing Browning Ferris Industries (BFI), advised that BFI opposes the request of the Roanoke Valley Resource Authority. She explained that BFI has been forced, by competition, to find economically, environmentally friendly alternatives to the Resource Authority transfer station since they have competitors in other parts of Virginia who are wing for their customers because they can offer lower tipping fees, and if they wish to remain in the market, they have no choice other than to respond to the competitive environment. In effect, she stated that it makes no difference if the Resource Authority goes into the commercial collection business because BFI and other private haulers will have to do what is necessary to remain competitive. She advised that the Resource Authority has incorrectly stated that the only way it can protect tonnage is to go into business against private haulers, and by allowing the Resource Authority to go into the commercial business, the localities will have done no more than give the Resource Authority the ability to compete 388 against the private sector in an area where they have no experience. She stated that $55.00 per ton is .one of the highss, t in Virginia; for I example, BFI operates a transfer disposal operation ,n Westmoreland County for $38.18 per ton and in York County for $36.46 per ton. Ms. Frssland advised that the intention of BFI has never been to point fingers at the decision that Council made five years ago, but to request that Council review current practices, learn from past mistakes and move forward. She explained that Council is being directed down a path that does not make good economic sense for the Roanoke Valley and has not been well thought out. She requested that Council not allow the Resource Authority to go into the collection business until all questions have bccn answered and until Council has been shown that operating costs can be brought in line. At minimum, she stated that the Resource Authority should bring a business plan that outlines exact intentions, operating costs, and budgetary effects of the proposed amendment. Ms. Freeland added that it is understandable that the localities must protect their investment and contended that the localities should review operating costs and determine if there is a way to cut costa. Secondly, she stated ~at collection is a market driven business, if disposal fees am. $ign,flcantiy lower in other parts of Virginia, the Resource Author,ty must understand that it must come in line with those fees in order to protect tonnage. She spoke in favor of a complete analysis to evaluate what would happen if the Resource Authority lowered its rates because tonnage is going out of the Roanoke Valley at the present time and has been since the transfer station opened to avoid the high tipping fees and it should be determined how much of the waste would be brought back into the Roanoke Valley if tipping fees were brought in line. She asked that Council hold the Resource Authority accountable for its ideas and require that they do their homework to protect the investment of Roanoke's taxpayers. For the above reasons, she asked that Council vote against the request of the Roanoke Valley Resource Authority. Victor Arthur, Chapter Manager, Virginia Waste Industries Association, advised that the goal of the Virginia Waste Industries is to promote the economical and environmentally safe disposal of solid waste. He stated that it is unfair for public revenues used by the Resource Authority to compete with the private sector to provide commercial waste collection service, which services are currently being provided effectively and efficiently by the private sector within a 389 competitive market place. He noted that private companies provide I !mpo .r?nt State an.d Ioca! tax revenues, they pay significant taxes ;nclud,ng local bus~nees I,cenes taxes and property taxes on trucks, land and offices, and in comparison, the Resource Authority pays no taxes and can borrow money at a lower interest rate than private companies. Mr. Arthur stated that the Resource Authority should be able to price its disposal service competitively and should not have to get into new lines of service currently being adequately provided by the public sector in order to support the Resource Authority facility. He added that before the City, County and Town approve the request of the Roanoke Valley Resource Authority, the Resource Authority should be required to provide local govemmenta with a business plan showing the true and complete cost of its proposal. He added that if the Resource Authority faces potential financial problems, extending its services even further into such a novel business venture by a public entity will unlikely solve its financial challenges. He explained that a business plan should determine if the Resource Authority has demonstrated success in the waste collecting business, criteria for determining success should be established, a decision should be made if the public sector is going to subsidize the Resource Authority and who will bear the cost, and the impact should be determined on existing bondholders. He called attention to significant expenses for the Resource Authority in establishing a sales force, personnel and capital expenditures to enter the commercial waste collection business. Mr. Arthur explained that the Roanoke Valley now benefits from a highly competitive private waste market place which works to hold down prices, and public funds should not be used to potentially put some of the other companies out of business. He stated that an analysis should be prepared of tax revenues that will be lost by the local governments due to loss of business by private waste companies, which will result if the Resource Authority engages in the commercial waste business. Instead of extending operations, he advised that if the Resource Authority faces financial problems, it should do as the private sector has been forced to do in recent years and reduce staff and expenses. He added that private waste companies ara also experiencing reductions in the flow of waste, and some of the reductions have resulted from significantly increased recycling in recent years. 39O Mr. Arthur noted that the Roanoke Valley Resource Authority has the largest tipping fee in the region, and private c. ompanies in the free I enterprise system deserve to have the opportun,ty to seek lower cost optioos for waste disposal if the Resource Authority is unable to price those services competitively, otherwise the cost of doing business in Roanoke will significantly increase, consumer prices will increase, and a negative impact on economic development will be experienced as businesses considering locating in the Roanoke Valley compare the tipping fees with other areas in the State. Chris G. Rooney, Division President, Waste Management of Virginia Blue Ridge, advised that although exact financial date is not known, start up capital to begin collection, coupled with additional operating costs to provide commercial services, will have to be absorbed by the City's budget or the Roanoke Valley Resource Authority's budget. He stated that if the City and the Resource Authority directly compete with private haulers for the collection of commercial waste, given its economic advantages to either increase tipping fees or pass additional taxes on to the taxpayers, waste management companies and others would have no further option but to begin hauling waste to locations other than the landfill which would further reduce the amount of incoming waste and cause disposal rates to escalate, and ultimately, tax increases or disposal rate hikes would be passed along to the citizens of Roanoke. He stated that Waste Management of Virginia will continue to support the Roanoke Valley Resource Authority as long as it can competitively and feasibly do so, however, they must protect their investment in the Roanoke Valley. Donald R. Benson, Operations Manager, Virginia Container Service, advised that Virginia Container Service wishes to support the Roanoke Valley Resource Authority, however, they must protect their investment in the Roanoke Valley. He added that the solution is to lower the tipping fees at the transfer station and increased costs should not be passed on to the taxpayer. Mr. Harris advised that he had hoped that there would be more fruitful discussions between the City and commercial haulers. He stated that as one Member of Council, he has not been provided with a detailed business plan, and he would not be inclined to vote in favor of the resolution because there are too many unanswered questions and outstanding issues that should be resolved. He stated that discussions should continue with the waste haulers until all issues have been brought to the table and addressed. 391 Mr. Parrott agreed that a business plan will ultimately be I develo.p~, d in order for the City to satisfy itself that the Resource Author,ty is qualified to provide the service. However, he stated that the issue at this time is to pass the enabling legislation, with the business plan to be developed at a later date. Mr. Trout advised that he could not support the request without a proposed business plan for Council's consideration. He added that the reduction of tipping fees should also be addressed. Vice-Mayor Wyatt expressed concern that the Roanoke Valley Resource Authority would be required to prepare and submit a business plan before enabling legislation is passed by the City, County, and Town. She stated that to require the Resource Authority to prepare that type of mammoth project without parameters is not good business. The Mayor advised that he intended to vote against the resolution because of his opposition to authorities. He stated that after authorities are created, they request additional powers, and authorities are not directly accountable to the citizens, therefore, he opposes the resolution philosophically. No other persons wishing to address Council, the resolution was lost by the following vote: AYES: Council Members Wyatt, Parrott and Swain 3. NAYS: Council Members Harris, Trout, White and Mayor Bowers 4. OTHER HEARINGS OF CITIZENS: None. There being no further business, the Mayor declared the meeting adjourned at 10:05 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 392 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL October 7, 1996 t2:30 p.m. The Council of the City of Roanoke mat 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 7, 1996, at 12:30 p.m., the regular meeting hour, with Vice-Mayor Linda F. Wyatt presiding, pursuant to Rule 1, Reoular Mestinos. of Section 2-15, Rules of Procedure. Code of the City of Roanoke (1979), as amended. PRESENT: Council Members John H. Parrott, Carroll E. Swain, William White, Sr., and Vice-Mayor Linda F. Wyatt 4. ABSENT: Council Members C. Nelson Harris, James O. Trout and Mayor David A. Bowers 3. OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City Manager; William X Parsons, Assistant City Attorney; James D. GHsso, Director of Finance; and Mary F. Parker, City Clerk. At 12:35 p.m., the Vice-Mayor declared the meeting in recess until 12:40 p.m. At 12:40 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room t59, Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, with Vice-Mayor Wyatt presiding, and all Members of the Council in attendance, with the exception of Council Members Harris, Trout and Mayor Bowers. BUDGET-POLICE DEPARTMENT-TRAFFIC-HEALTH DEPARTMENT- BUILDINGS/BUILDING DEPARTMENT-GENERAL DISTRICT COURT-PARKS AND RECREATION-HUMAN DEVELOPMENT-CITY ATTORNEY-COMMISSIONER OF REVENUE-COUNCIL-REFUSE COLLECTION-NEIGHBORHOOD ORGANIZATIONS- ROANOKE CIVIC CENTER-PLANNING-PERSONNEL DEPARTMENT-CIRCUIT COURT- COMMUNICATIONS DEPARTMENT-CMERP-CITY INFORMATION SYSTEMS°YOUTH- LIBRARIES-FLEET MAINTENANCE FUND-GREENWAY SYSTEM-CONSULTANTS REPORTS-SCHOOLS-EQUIPMENT: The City Manager introduced Diane S. Akers, Budget Administrator, for a briefing on recommended expenditures to address critical Capital Maintenance and Equipment Replacement needs of the City. 393 Ms. Akere advised that over the past three months, the City Administration has worked to identify and prioritize capital maintenance and equipment replacement needs, with operating depe,~,,ento having submitted over $8.7 million in capital requests for needed vehicles, equipment replacement and maintenance. It was explained that fiscal year 1995-96 General Fund balance designated for CMERP is $3,651,860.00; after reducing this amount for items which Council has already reeppropriated into the current year's operating budgets, $3,542,472.00 of CMERP funds are available; and those items already reappropriated include: Unspent fiscal year 1995-96 State Family Oriented Group Home funding ($62,278.00); and Digital Mapping Program funding in the Depa, t,,,ent of Engineering ($47,110.00). The Budget Administrator further explained that three additional budget commitments were made in fiscal year 1995-96 for which funds could not be encumbered and will need to be reappropriated by Council, viz: Unspent fiscal year 1995-96 United States Depa, t,,,ent of Agriculture (USDA) funding ($2,416.00); Funding for the City's share of a study for the Williamson Road Area Business Association previously appropriated by Council ($30,000.00); and Funding for a competitive access provider consultant ($30,000.00). After allowance for the abovedsscribed items, it was explained that $3,480,056.00 is available for City operation purchases of vehicles, equipment and maintenance items. It was advised that critical CMERP ncc. ds in the amount of $3,480,056.00 ware identified through a process of prioritizing requests based on City-wide evaluation criteria, and all requssta to be funded were classified into six major categories, with funding allocated as follows: Capital Maintenance Fleet Replacement Equipment Technology Enhancements $1,560,300.00 1,000,000.00 403,373.00 100,000.00 394 Office Fumiture and Equipment All Other Total 79,555.00 $3,480,056.00 Ms. Akere explained that special emphasis was placed on items which would benefit the City's neighborhoods, with at least $1,280,000.00 having been allocated for projects benefitting neighborhoods. She transmitted a list of items recommended for purchase and advised that in the coming weeks and months, the City Administration will bring to Council its recommendations on award of contracts for vehicles, equipment and maintenance items which will have been bid under the City's normal procurement procedures, and Council will be requested to appropriate funds for all expenditure items on the CMERP list (For full text, see report on file in the City Clerk's Office.) Discussion by Members of Council focused on the following points: Neighborhood representatives should be given the opportunity to provide input into the proposed Capital Maintenance and Equipment Replacement Program. Citizens should be briefed on the 50150 program for sidewalk, curb and gutter installations. Neighborhood leaders should be briefed on the contents of the program, especially those who have presented specific requests to Council. Following the 1997 snow removal season, a briefing was requested on the effectiveness of the new snow/ice melting chemicals. Improvements to Shaffer's Crossing were not identified in the proposed CMERP, and Norfolk Southern should be involved; whereupon, the Director of Public Works advised that improvements are proposed to be funded within existing revenues in the General Fund budget Neighborhood organizations should be briefed on the contanta of the proposed Capital Maintenance and Equipment Replacement Program. There being no further questions or comments, the Vice-Mayor advised that the briefing would be received and filed. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. I 395 At 1:05 p.m., the Vice-Mayor declared the meeting in recess until 2:00 p.m., in the Roanoke City Council Chamber. At 2:00 p.m., the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Membere in attendance, Vice-Mayor Wyatt presiding. PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, William White, Sr., and Vice-Mayor Linda F. Wyatt 5. ABSENT: Council Member James O. Trout and Mayor David A. Bowers 2. OFFICERS PRESENT: James D. Ritehie, Sr., Assistant City Manager; William X Parsons, Assistant City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a preyer by The Reverend Larry Atkin, Pastor, Edgewood Christian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Wyatt. PROCLAMATIONS: The Vice-Mayor presented a proclamation declaring October t996 as National Arts and Humanities Month in the City of Roanoke. (For full text, see proclamation on file in the City Clerk's Office.) ACTS OF ACKNOWLEDGEMENT-LANDMARKS/HIST. PRESERVATION-LIBRARIES: Following initiation of the application process by the Historic Gainsboro Preservation District, Inc., the Vice- Mayor advised that on April 3, 1995, Council adopted Resolution No. 32419-040395, endorsing the nomination of the Gainsboro Branch Library for inclusion on the Virginia Landmarks Register and the National Register of Historic Places. She further advised that on September t8, 1996, at a joint meeting of the State Review Board and Historic Resource Board in Richmond, the Gainsboro Branch Library was designated as a Virginia Landmark and recommended for nomination to the National Register of Historic Places; and ceCdfication from the U. S. Depa,~,,,ent of the Interior regarding entry of the Gainsboro Branch Library in the National Register ia anticipated by December 1996. 396 ACTION: ACTS OF ACKNOWLEDGEMENT-DOWNTOWN ROANOKE, INCORPORATED: R. Matthew Kennell, Executive Director, Downtown Roanoke, Incorporated, presented the Order of the Golden Trowel Award to the City of Roanoke in recognition of the Market Square Walkway project. BONDS/BOND ISSUES-SCHOOLS: The City Clerk having advertised a public hearing for Monday, October 7, 1996, at 2:00 p.m., or as soon thereafter ss the matter may be heard, to consider adoption of a resolution approving the issuance by the City of its general obligation bond, or bonds, in an amount not to exceed $5.0 million, for the purpose of financing, in part, the costs of improvements and additions to school buildings in the City of Roanoke, the matter was before the body. Legal advertisement of the public heating was published in The ~ on Sunday, September 22, t996, and Sunday, September 29, 1996. (See publisher's affidavit on file in the City Clerk's Office.) Mr. White offered the following resolution: (f/33130-100796) A RESOLUTION authorizing the issuance of not to exceed $5,000,000 general obligation school bonds of the City of Roanoke, Virginia, Series 1996 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. 59, page 134.) Mr. White moved the adoption of Resolution No. 33130-100796. The motion was seconded by Mr. Swain. On Monday, September 16, 1996, pursuant to Resolution No. 33118-091696, Council authorized an application to be filed for Virginia Public School Authority (VPSA) funding through the Interest Rats Subsidy Program for a portion of the cost of renovating Breckinridge Middle School, and the Roanoke City School Administration was advised that in order to meet deadlines imposed by the VPSA, Roanoke City Council must adopt a bond resolution prior to October 16, 1996. 397 ACTION: The Vice-Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Resolution No. 33130-100796 was adopted by the following vote: AYES: Council Members Harris, Parro~ Swain, White and Vice- Mayor Wyatt 5. NAYS: Nono 0. (Council Member Trout and Mayor Bowers were absenL) 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 organizational meeting of City Council held on Monday, July 1, 1996; the regular meetings of City Council held on Monday, July 1, 1996, and Monday, July 15, t996; the joint meeting of City Council and the Roanoke County Board of Supervisors held on Tuesday, July 9, 1996; and City Council's Visioning Workshop held on Thursday and Friday, July 18 and 19, 1996, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) Mr. White moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Parro~ Swain, White and Vice- Mayor Wyatt 5. NAYS: None 0. (Council Member Trout and Mayor Bowers were absent.) BUDGET-PARKS AND RECREATION-COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers advising that numerous positive comments ware received from participente and RVTV-Channel 3, viewers regarding the "Summit on the Summit", which was second 398 ACTION: in a series of meetings with the citizens of Roanoke, that was held on top of Mill Mountain on Thursday, September 12, 1996, was before Council. The Mayor reviewed items discussed at the Summit and requested that consideration of a Mill Mountain Coordinator be referred to 1997-98 budget study. (For full text, see communication on fils in the City Clerk's Office.) Mr. White moved that Council concur in the request of the Mayor to refer the matter of a Mill Mountain Coordinator to t997-98 budget study. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, White and Vice- Mayor Wyatt 5. NAYS: None Ge (Council Member Trout and Mayor Bowers were absent.) POLICE DEPARTMENT-ANIMALS/INSECTS-COUNCIL-FEE COMPENDIUM: A report of the City Manager advising that at the August 19, 1996 Council meeting, Council Member Swain inquired about boarding fees charged per day by area kennels and the City's reason for not requesting a similar fee for daily impoundment of animals at the Society for the Prevention of Cruelty to Animals in the Roanoke Valley (SPCA), was before Council. It was explained that a survey of the area kennels shows that fees for dogs range from $6.50 to $11.00 per day, depending upon the size of the animal, with an average of $8.50 per day; and the cost for cats ranges from $5.35 to $7.00 per day, with an average of $6.00 per day; the City's impoundment fee of $7.75 per day matches that of the SPCA, but is slightly less than average for local kennels; the City charges pickup fees of $10.00 for the first offense, $20.00 for the second offense, and $30.00 for the third and subsequent offenses; fees are recovered from animal owners on 15 per cent or less of all animals impounded; owners of most animals impounded are economically stressed and ars not likely to reclaim the animal if they consider the 399 boarding fee to be too high; if the animal is not recovered, the City must absorb all boarding costa; and after the animal is impounded for a minimum of six days in the City's section of the facility, the animal is transferred to the SPCA for possible adoption. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Whita moved that the report be received and filed. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Wltite and Vice- Mayor Wyatt 5. NAYS: None 0. (Council Member Trout and Mayor Bowers were absent.) PARKS AND RECREATION-YOUTH-SPORTS ACTIVITIES: A report of the City Manager with regard to a request of Council on Monday, September 24, 1996, to invsstigata the feasibility of extending the season for sandlot football games by expanding the post season tournament scheduled for 1996, was before the body. The City Manager advised that of the 15 organizations which enter youth teams in the City's recreational programs, seven currently enter football teams; of the seven organizations, five were represented at the September 24, 1996 Council meeting, and on that same evening, the Youth Athletic Council agreed to address the current situation relative to the sandlot football season, developed options for implementation, and unanimously supported the following recommendations: conduct a post season play-off at Victory Stadium involving all 21 football taams, which will insure each team a minimum of one additional post-season game, with the top two teams from each division to advance to the Chamber of Commerce Super Bowl; and send a formal letter to the Chamber of Commerce expressing a need to negotiate or modify terms and conditions of any subsequent super bowls sponsored by the Chamber. 400 ACTION: Tho City Manager explained that the Youth Athletic Council has expressed a strong desire to address issues such aa the length of all youth athletic seasons, as wall as any other related issues that may be of concern to all of the volunteer groups providing youth athletics, and advised that increased participation in aoccer has resulted in a continued decline in the number of young people playing football; the Parks and Recreation Department does not determine the number of teams brought to the leagues, but does provide facilities to play, administration of leaguss and scheduling of officials; in an attempt to adequately provide for growth in soccer, additional fielda throughout the City are being scheduled for game play; and the perception that there ia favor given to soccer over football ia erroneous inasmuch as the City haa little control over how many teams are submitted by the recreation clubs. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that the report be received and filed. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, White and Vice- Mayor Wyatt ............ 5. NAYS: None O. (Council Member Trout and Mayor Bowers were absent.) BUILDINGS/BUILDING DEPARTMENT-PENSIONS-ROANOKE CIVIC CENTER-HOUSING/AUTHORITY-ECONOMIC DEVELOPMENT- COUNCIL-CITY ATTORNEY-CITY CLERK-DIRECTOR OF FINANCE- MUNICIPAL AUDITOR-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Gary L. Blankenship as an alternate member of the Building Code Appeals Board, Volume II (Building Maintenance Division); Curtis L. Rat]iff as an alternate member of the Building Code Appeals Board, Volume I (Building Construction Division); 401 David T. Airman as a Trustee of the City of Roanoke Pension Plan, Board of Trustees, for a term ending June 30, t998; Katheryn R. Hale as a member of the Fair Housing Board to fill the unexpired term of Acrae Hayes, resigned, ending March 3t, t997; M. R. Khan as a member of the Roanoke Civic Center Commission for a term ending September 30, 1999; H. Victor Gilchrist as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a term ending August 31, 2000; J. Granger Macfarlane as a member of the Economic Development Commission for a term ending June 30, 1999; James O. Trout as a member of the Economic Development Commission to fill the unexpired term of I~r, lliam White, Sr., ending June 30, 1999; C. Nelson Harris as a member of the Fifth Planning District Commission to fill the unexpired term of Wendell H. Butler, ending June 30, 1997; Wilburn C. Dibling, Jr., as City Attorney for a term of two years, commencing October 1, 1996, and ending September 30, 1998; Mary F. Parker as City Clerk for a term of two years, commencing October 1, 1996, and ending September 30, 1998; James D. Grisso as Director of Finance for a term of two years, commencing October 1, 1996, and ending September 30, 1998; and 402 ACTION: Robert H. Bird as Municipal Auditor for a term of two years, commencing October 1, 1996, and ending September 30, 1998. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualificetion be received and filed. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, White and Vice- Mayor Wyatt 5. NAYS: None 0. (Council Member Trout and Mayor Bowers were absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: NEIGHBORHOOD . ORGANIZATIONS-LANDMARKS/HIST. PRESERVATION-LIBRARIES. Master Tyler R. Holmes, 918 Indiana Avenue, N. E., Master Macklyn D. Mosely, t420 Rorer Avenue, S. W., and Miss Laura C. Soranson, Route 2, Box 818, Finceetle, Virginia, appeared before Council in support of keeping the Gainsboro Branch Library open and operating as a library. They called attention to the services available at the Gainsboro Library which have played an important role in the past and will continue to influence the future. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., expressed appreciation for the City's assistance in helping to achieve historic designation for Gainsboro. She presented a scroll containing the signatures of over 800 persons expressing an interest in the future of the Gainsboro Branch Library. The Vice-Mayor present~l each student with a City logo lapel pin, and she presented Ms. Bethel with an iris tile, which is the City's official flower. 403 TRAFFIC-COMPLAINTS-STREETS AND ALLEYS: Mr. Edward J. Kirk, Route 1, Box 110t, Thaxton, Virginia, appeared before Council and presented a petition signed by 31 persons requesting installation of a stop sign at the intersection of Masons Mill Road, Overlook Road, Craig Road, and 13th Street, N. E. He expressed concern that westbound traffic on Masons Mill Road cannot see vehicles entering the intersection from Overlook Road or Craig Road because of a natural embankment in the area of Overlook Road. (Sss communication and petition on file in the City Clerk's Office.) ACTION: Mr. ParTott moved that the matter be referred to the City Manager for investigation and report to Council within 30 days. The motion was seconded by Mr. Swain and unanimously adopted. ZONING-COMPLAINTS-STREETS AND ALLEYS: Mr. Hubert Sydenstrlcker, 2513 Mount Vernon Road, S. W., appeared before Council and presented a petition signed by approximately 55 residents of Mount Vernon Road, Wilbur Road and Blair Road, S. W., requesting that the City of Roanoke limit the number of vehicles that may be parked at one address in a residential neighborhood. Mr. Sydenst~icker referred to a collection of automobiles parked on the property located at 2429 Mount Vernon Road, which totals aa many as 12 or moro vehicles at a time. He expressed concern that unsightly vehicles will devalue property, which will ultimately lead to the lowering of the City's tax base. Mr. Michael J. Etchemendy, 2501 Mount Vernon Road, S. W., reiterated the remarks of Mr. Sydenstricker. (Sss communication and petition on file in the City Clerk's Office.) ACTION: Following discussion, Mr. Harris moved that the matter be referred to the City Manager and the City Attorney for investigation and report to Council within 30 days. The motion was seconded by Mr. Swain and unanimously adopted. 40'[ OTHER HEARINGS OF CITIZENS: DISABLED PERSONS: Ms. Gloria A. Donna, 3513 Dona Drive, N. W., advised that on two recent occasions, she appeared before Council and requested that the City invite industry to locate in the Roanoke area that will offer jobs to qualified disabled persons. She explained that the City Manager has b==n provided with statistics which demonstrate the need, current status, and available equipment for disabled persons, etc. She called attention to a meeting with the City Manager in which he stated that it would be best to contact existing businesseelindust~y before contacting new businesses. She advised that she provided the City Manager with information on available monies which were earmarked for business accessibility modification for the disabled, as well as equipment, etc. She stated that if Roanoks's present business community was sensitive to employment needs of the disabled, they would have offered employment opportunities a long time ago, and requested that the City encourage new and existing businesses to employ qualified disabled persons. PETITIONS AND COMMUNICATIONS: COUNCIL-NATIONAL L.F--~.GUE OF CITIES: A communication from Mayor David A. Bowers adv,sing that the National League of Cities will meet on December 7 - t0, t996, in San Antonio, Texas; the Annual Business Meeting will be held on Tuesday, December 10, and in past years, the Mayor and Vice-Mayor have served as Voting Delegate and Alternate Voting Delegate, was before Council. The Mayor recommended that the Vice-Mayor serve as the City's Voting Delegate and that another Member of Council attending the Convention be named as Alternate Voting Delegate. (For full text, see communication on file in the City Clerk's Office.) Mr. White offered the following resolution: (~33131-100796) A RESOLUTION designating a Voting Delegate and Altamate Voting Delegate for the Annual Business Meeting of the National League of Cities. (For full text of Resolution, see Resolution Book No. 59, page 139.) 405 ACTION: Mr. White moved the adoption of Resolution No. 33131-100796. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, White and Vice- Mayor Wyatt 5. NAYS: None 0. (Council Member Trout and Mayor Bowers ware absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH- CONVENTION AND VISITORS BUREAU-TOURISM-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that Council adopted an annual operating budget which included $500,000.00 te the Roanoke Valley Convention and Visitors Bureau for fiscal year 1996-97; Council requested assistance from the Convention and Visitors Bureau in marketing and selling Roanoke and desires assurance that the funds will be used for these purposes; and the City Adminis~ation has negotiated an agreement with the Convention and Visitors Bureau to assure that the City's funds will be used for the abovestated purposes, The City Manager further advised that the Roanoke Valley Convention and Visitors Bureau has submitted, for approval by the City Manager, a budget setting forth anticipated expenditures of City funds involved; whereupon, Mr. Herbert recommended that Council authorize payment of $500,000.00 to the Roanoke Valley Convention and Visitors Bureau, and that he be authorized to execute a one-year agreement with the Roanoke Valley Convention and Visitors Bureau for the exprees purpose of increasing tourism in Roanoke and assisting in the marketing of the Conference Center of Roanoke. (For full text, see report on file in the City Clerk's Office.) 4O6 ACTION: Pursuant to a request of the Mayor and with the concurrence of Council, the Vice-Mayor advised that the report would be referred back to the City Manager for presentation at a future Council meeting when the Mayor is in attendance. BUDGET-HUMAN DEVELOPMENT-NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY-PLANNING-GRANTS: The City Manager submitted a written report advising that each year, the City submits a Consolidated Plan Annual Update (Annual Update) to the U. S. Department of Housing and Urban Development (HUD) in order to receive Community Development Block Grant (CDBG) and HOME entitlements, and the Annual Update describes individual programs and projects to be conducted with the funds awarded to the City; the current Annual Update was approved by Council for submission to HUD on May 13, 1996, pursuant to Resolution No. 32939-051396, with HUD's verbal approval of the plan having been received on June 27, 1996, (official letter of approval was received on July 15, 1996); Council must approve amendments to the Annual Update to add, delete or fundamentally alter planned programs or projects, and the public must be provided with a minimum of 30 days to review and comment on the amendment before the change can be implemented. It was further advised that of each year's HOME entitlement, 15 per cent must be committed to projects conducted by agencies cer'dfied as Community Housing Development Organizations {CHDO's), according to U. S. Department of Housing and Urban Development criteria, and an additional five per cent of each year's HOME entitlement may be made available to CHDO's for general operating expenses; and Blue Ridge Housing Development Corporation (BRHDC) has been certified as a CHDO by the Virginia Department of Housing and Community Development. It was explained that Blue Ridge Housing Development Corporation has submitted a proposal requesting $100,000.00 in HOME funds to construct two single-family homes in the 600 block of Loudon Avenue on lots donated by the Northwest Neighborhood Environmental Organization (NNEO), and upon completion, the homes will be sold to HOME-eligible Iow-income families; the City has a total of $155,731.00 in unprogrammed HOME funds, $103,821.00 of which must be committed to Community Development Housing Organization projects, and in addition, up to $12,295.00 of total unprogrammed funds may be made available for CHDO operating costs. i 407 It was noted that to implement the new project, Council must authorize an amendment to the Annual Update and authorize execution of an agreement with the Blue Ridge Housing Development Corporation; HOME funding for the project will require a local match of $22,500.00, which may be cash as well as in-kind contributions from non-Federal sources; no outlays of City funds are anticipated in order to meet the match requirement; and the Office of Grants Compliance will verify and document the matching funds. The City Manager recommended that Council concur in the following actions: Authorize the City Manager to amend the 1996-97 Annual Update to add the Blue Ridge Housing Development Corporation Community Housing Development Organization project, including submission of appropriate documents to the U. S. Depa, i,,,ent of Housing and Urban Development following the public review and comment period, if no substantive adverse public comments are received. Authorize the City Manager to execute a HOME Subgrant Agreement with Blue Ridge Housing Development Corporation and amendments thereto, approved as to form by the City Attorney. Authorize the transfer $100,000.00 in unprogrammed HOME funds as follows: $7,550.00 from CHDO Operating Account No. 035-052-5303-5234 to BRHDC Operating Account No. 035-052-5303-5335; $2,450.00 from CHDO Operating Account No. 035-052-5304-5334 to BRHDC Operating Account No. 035-052-5304-5335; $13,671.00 from CHDO Operating Account No. 035-052-5303-5238 to BRHDC Project Account No. 035-052-5303-5336; and 408 ACTION: $76,329.00 from CHDO Project Account No. 0354)52-5304-5340 to BRHDC Project Account No. 0354)52-5304-5336. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#33132-100796) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 140.) Mr. Harris moved the adoption of Ordinance No. 33132-100796. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Harris, Parrott, Swain, 'White and Vice- Mayor Wyatt 5. NAYS: None 0. (Council Member Trout and Mayor Bowers were absent.) Mr. Harris offered the following resolution: (~33133-100796) A RESOLUTION authorizing the City Manager to amend the Annual Update of the Entitlement Consolidated Plan for Fiscal Year 1996-97 and submit eeid amendment to the United States Department of Housing and Urban Development (HUD), and to execute documents in connection with said amendment. (For full text of Resolution, see Resolution Book No. 59, page 142.) Mr. Harris moved the adoption of Resolution No. 33133-100796. The motion was seconded by Mr. Swain and adopted by the following vote: 4O9 AYES: Council Membem Harris, Parrott, Swain, White and Vice- Mayor Wyat~ 5. HAYS: Nono 0. (Council Member Trout and Mayor Bowers were absent.) BUDGET-BUILDINGS/BUILDING DEPARTMENT-CITY JAIL-CITY SHERIFF42APITAL IMPROVEMENTS PROGRAM-EQUIPMENT: The City Manager submitted a written report advising that bids ware received on the Roanoke City Jail Annex project on September 7, 1994, with J. M. Turner & Co., Inc., submitting the Iow bid of $7,324,500.00, and by negotiation, the bid was lowered to $7,253,089.00, which was the original contract amount; work progressed well with Administrative Change Orders to take care of unexpected change orders; and the following items of significant cost occurred that were not expected during construction: The purchase and installation of additional bunks and tables for 160 additional inmates, which wes covered by a report of the City Manager dated November 22, 1995, at a cost of $74,420.00. The original dishwasher showed severe signs of wearing out from having to accommodate 600 inmates instead of the original design load of 170. In working with the Sheriff and the contractor, the City was able to purchase a new dishwasher that was made to handle 600 inmates, and have the dishwasher installed and working within one day. Cost of the dishwasher alone totalled $40,421.00, which was paid by an administrative change order and will be reimbursed 25 per cent of the cost by the Depe,~,ent of Corrections. The final large ticket item was the replacement of kitchen cooking equipment (ranges, ovens, kettles) with larger equipment to accommodate 600 inmates and converting the equipment to natural gas rather than electric, at a total cost of $55,593.00. It was further advised that the replacement kitchen equipment was ordered on a priority basis, delivered and installed without eliminating a meal; the equipment and installation needs to be paid for 410 ACTION: to complete the City's obligation to the contractor and to close out the project; and the Sheriff contributed his year-end surplus funds to the City before he knew the project contingency account did not have sufficient funds to cover the cost. The City Manager recommended transfer of $55,593.00 from Capital Improvement Reserve - Buildings, Account No. 008-052-9575- 9173, to Jail Account No. 008-052-9685-9065. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (~33134-t00796) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 143.) Mr. Harris moved the adoption of Ordinance No. 33134-100796. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, White and Vice- Mayor Wyatt 5. NAYS: None 0. (Council Member Trout and Mayor Bowers were absent.) Council Member VVhita requested that the City Manager provide Council with a status report within 30 days regarding the City's utilization of minority/women-owned businesses. CITY INFORMATION SYSTEMS-BELL ATLANTIC-VA., INC.- EQUIPMENT: The City Manager submitted a written report advising that the City Information Systems Depa,~,,,ent (CIS) provides information systems services for all City departments, including application processing computers, workstation equipment, data networks, and associated services; Council authorized purchase of a major new application processing computer in January 1995, and Council was informed that a study of the City's data networking needs for the future would be conducted; CIS conducted the study in fiscal year 1994-95 411 and recommendaUons included implementetion of an enterpriee-wide, fiber optic, date network system to be implemented in phases, with Phase I to include the downtown complex which consists of Municipal South, Municipal North, City Jail, end Police Buildings; and the Data Network project was proposed to Council by the City Manager in December 1995 as pert of the Capitel Maintenance and Equipment Replacement Program and approved by Council. It was further advised that after due and proper advertisement for bids for network electronic equipment, four bid responses weirs received, with Bell Atlantic Network Integration, Inc., submitting the lowest responsible bid meeting specifications including life cycle cost, in the amount of $124,215.00, training and instellation in the amount of $11,225.00, and maintenance cost over a five-yeer period in the amount of $101,639.00. The City Manager recommended that Council authorize the purchase of Local Area Network, Switches and Hubs, appropriate instellation and training thereof and the first year of maintenance from Bell Atlantic Network Integration, Inc., at a cost of $156,615.00; authorize an option to renew the maintenance agreements for years two through five at a cost not to exceed $80,464.00; and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#33t35-t00796) A RESOLUTION accepting a certain bid for the purchase of Local Area Network, Switches, and Hubs, including appropriate instellation and training and the first year's maintenance from Bell Atlantic Network Integration, Inc., upon certain terms and conditions; authorizing the option to renew the maintenance agreement for years two through five; and rejecting all other bids made for such items. ACTION: (For full text of Resolution, see Resolution Book No. 59, page 144.) Mr. Harris moved the adoption of Resolution No. 33135-100796. The motion was seconded by Mr. White and adopted by the following vote: 412 ACTION: AYES: Council Membsm Harris, Parrott, Swain, 1Nh,ts and Vice- Mayor Wyatt 5. NAYS: None,. (Council Member Trout and Mayor Bowers were absent.) BUDGET-CAPI~T~A.L ?.PROVEMENTS PROGI~..M-FLOOD R.E. DUCTIONICONTROL. The .C.,ty Manager aubmittsd a .written r.ep. ort w~th regard to the R.o. anoke River Flood Reduction Project, adwslng that a Local C.ooperetion Agreement was executed with the U. S. Army Corps of Engineers on June 25, 1990; commitment to fund under the Agreement was five per cent local cash match for project and construction costs, 100 per cant for lands and easements, 100 per cent for relocation costs, and 50 .per cent for the recreation trail; and $1,616,000.00 was programmed ,nto the approved City budget for fiscal years 1996 and 1997 for support of the project. It was further advia.ed that the $1,616,000.00 needs to be trans, ferred..to ~e appropnats Capi~l Fund project account; and purchase o! lanas and easements, estimated at $4,600,000.00, will be the most likely expense needing local funds in future fiscal years. The City Manager recommended that $808,000.00 be transfe, rred _from.Gene .ral..Fund Account No. 001-004-9310-9508, to Capital Projects tuna, aha mat $808,000.00 be transferred from Capital Fund Undesignated Fund Balance, Account No. 008-3325, to Capital Proj.e. cts Fund Account No. 008-056-9620-9003, Roanoke River Flood Reduction. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#33136-100796) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 145.) T- M_r. Harris moved the adoption of Ordinance No. 33136-100796. ne mo, on was seconded by Mr. Swain and adopted by the followin vote: g 413 AYES: Council Members Harris, Parrott, Swain, White and Vice- ii Mayor Wyatt 5. NAYS: None... 0. (Council Member Trout and Mayor Bowers were absent.) BUDGET-FIRE DEPARTMENT-GRANTS-EQUIPMENT: The City Manager submitted a written report advising that the Fire Program Fund was established by the General Assembly, effective October 4, 1985, pursuant to Section 38.1-44.1 of tho Code of Virginia (~950), as amended; the sunset clause requiring expiration of the Fund on July 1, 1990, has now been removed, thus, the City's annual allocation of State funds will continue indefinitely; revenue to support the program is derived from a 0.8 per cent surcharge on all fire insurance premiums collected throughout the Commonwealth; and funds may be used for fire service training, regional fire service training facilities, and firefighting equipmentJapparatus. It was explained that Roanoke City's allocation of $118,893.00 was electronically transferred to the City Treasurer on July 2, 1996, and i deposited in Account No. 035-035-1234-7219; and action by Council is necessary to formally accept and appropriate the funds, and to 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 Equipment - $72,250.00 Training and Development - $21,000.00 Recruitment and Development - $ 7,500.00 Personal Protective Clothing - $18,143.00 The City Manager recommended that Council authorize acceptance of the grant award and appropriate $118,893.00, with corresponding revenue estimates to accounts established by the Director of Finance in the Grant Projects Fund. (For full text, see report on file in the City Clerk's Office.) 414 ACTION: Mr. Parrott offered the following emergency budget ordinance: (#33137-100796) AN ORDINANCE to amend and reordain certain eections of the t996-97 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 146.) Mr. Parmtt moved the adoption of Ordinance No. 33137-100796. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: Mayor Wyatt .... NAYS: None. AYES: Council Members Harris, Parrott, Swain, White and Vice- . (Council Member Trout and Mayor Bowers were abeenL) Mr. Parrott offered the following resolution: (#33138-100796) A RESOLUTION accepting a certain Fire _P.rog~m ~und Grant from. the Commonwealth of. Virginia's Department m r,re r'r.ograms ana autho~zing execution of any required documentation on behalf of the G,ty. (For full text of Resolution, see Resolution Book No. 59, page 147.) Mr. Parrott moved the adoption of Resolution No. 33138-100796. The motion was seconded by Mr. Swain and adopted by the following vote: Mayor Wyatt NAYS: None. (Council Member Trout and Mayor Bowers were absent.) AYES: Council Members Harris, Parrott, Swain, Wl~ite and Vice- 5. BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORiTY. GRANTS-YOUTH: The City Manager submitted a written report ad.vising that the City has received Program Grant No. 03CYO269108, mn the amount of $90,000.00, from the U. S. Department of Health and Human 415 Services to administer Sanctuary's Outreach Program for runaway and I homeless children, .to be used for.the pafiod September 1,1996 through August 31, 1997, which funds ara ,ntended to cover the salaries of three quarters of the Outreach Coordinator's position, a Group Home Counselor II po~on, s Group Home Counselor I position, and related program activities. The City Manager recommended that Council concur in 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' Runaway and Homeless Youth Program Grant, No. 03CYO269/08. Appropriate $90,000.00 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: i 1002 Regular Employee Salaries t120 FICA 2030 Administrative Supplies 2051 Travel 2066 Program Activities Total $68,966.00 16,865.00 400.00 t,500.00 $90,000.00 Federal Grant Revenue $90,000.00 (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (~33139-100796) AN ORDINANCE to amend and reordain certain sections of the t996-97 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 147.) ACTION: Mr. Swain moved the adoption of Ordinance No. 33t39-100796. The motion was seconded by Mr. Harris and adopted by the following vote: 416 ACTION: AYES: Council Members Harris, Parrott, Swain, White and Vic. e;- 5. Mayor Wyatt NAYS: None -9. (Council Member Trout and Mayor Bowers ware absent.) Mr. Swain offered the following resolution: (~33140-100796) A RESOLUTION authorizing acceptance .of a grant from the United Statml ~.D~,.pafb~.ent of Hea!.th and Hum, a.n_nScet~ve~; to provide s.e. rvices at the C.!ty s Crisis Intervent]on ~;enter [oam;~u , Yh and authorizing the execution of the necessary documents. (For full text of Resolution, see Resolution Book No. 59, page t49.) Mr. Swain moved the adoption of Resolution No. 33140-100796. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, White and Vice- --5. Mayor Wyatt NAYS: None 0. (Council Member Trout and Mayor Bowers were abeenL) BUDGET-HUMAN DEVELOPMENT-DRUGS/SUBSTANCE ABUSE- DIVISION OF MOTORVEHICLES-GRANTS: The City Manager submitted a written report advising that the City of Roanoke (Roanoke Valley Drag and Alcohol Abuse Council) was notified that a mini-grant was available through the Depaf~i~ent of Motor Vehicles (DMV); mini-grants of up to $1,$00.00 are available through the DMV to fu.nd training/workshops, with funds .provided on a reimbursement basis; an application for a $1,500.00 mm!-grant was made by the Roan. oke Valley Drug and Alcohol Abuse Council to help pay for the honorenum for Dr. Harold Crossley, a nationally renowned expert on the pharmacology of drugs and its effects.on the body; and the Roanoke Valley Drug and Alcohol Abuse Councd sponsored an all.lay training program on March 2.8, t.996: featuring Dr. Crossley, which was free to over 150 large.ted law enforcement personnel, and substance abuse treatment ano prevention professionals. II 417 ACTION: It was further advised that not]ficat]on was received from the Division of Motor Vehicles indicat]ng that the Roanoke Valley Drug and Alcohol Abuse Council was awarded the $1,500.00 mini-grant; the City has received the $1,500.00 check from the Division of Motor Vehicles, which will be appropriated to the Roanoke Valley Drug and Alcohol Abuse Council; and the grant will supplement funds currently appropriated from the City to the organizat]on through the Citizens Services Committee. The City Manager recommended that Council concur in the following actions: Accept the $1,500.00 mini-grant from the Depa~blkent of Motor Vehicles. Appropriate $1,500.00 to accounts to be established by the Director of Finance in the Grant Fund. Authorize the City Manager, or his designee, to execute the mini-grant from the Department of Motor Vehicles on behalf of the City of Roanoke. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (~t33141-100796) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 149.) Mr. Swain moved the edopt]on of Ordinance No. 33141-100796. The mot]on was seconded by Mr. Harris and adopted by the following vote: Mayor Wyatt NAYS: None (Council Member Trout and Mayor Bowers were absent.) AYES: Council Members Harris, Parrott, Swain, White and Vice- 5. 418 ACTION: Mr. Swain offered the following resolution: (#33142-100796) A RESOLUTION authorizing acceptance of a Drug Abuse Resistance Education Grant made to the City of Roanoke by the Virginia Depe~,~ent of Motor Vehicles. (For full text of Resolution, see Resolution Book No. 59, page t50.) Mr. Swain moved the adoption of Resolution No. 33142-100796. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, White and Vice- Mayor Wyatt 5. NAYS: None O. (Council Member Trout and Mayor Bowers were absent.) BUDGET-POLICE DEPARTMENT-GRANTS: The City Manager submitted a written report advising that during August 1996, the City received notice from the Bureau of Justice Assistance that the City of Roanoke would be eligible to apply for s direct award of $t20,000.00 if the City provides a $t3,333.00 match to be used over a 24-month period for crime prevention activities; when the notice was received, insufficient time was available to process the grant application and receive Council approval fur filing; the Police Department contacted the Bureau of Justice Assistance requesting an extension of time or other adjustments and the request was denied, therefore, the application was not filed. The City Manager further advised that on September 24, 1996, the City was notified by the Bureau of Justice Assistance that funds will be available to the City under the direct grant program if the application is filed immediately; whereupon, the City Manager recommended that Council adopt a resolution authorizing application for the abovereferenced funds, with the local match to be available in the Police Department budget. (For full text, see report on file in the City Clerk's Office.) 419 Mr. Harris offered the following resolution: (#33143-100796) A RESOLUTION accepting a certain Law Enforcement Block Grant from the Commonwealth of Virginia's Bureau of Justice Assistance and authorizing execution of any required documentation on behalf of the City. (For full text of Resolution, sss Resolution Book No. 59, page 151.) ACTION: Mr. Harris moved the adoption of Resolution No. 33143-100796. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, White and Vice- Mayor Wyatt 5. NAYS: None 0. (Council Member Trout and Mayor Bowers were absent.) DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of August 1996. (For full taxt, see Financial Report on file in the City Clerk's Office.) ACTION: Without objection by Council, the Vice-Mayor advised that the financial report would be received and filed. CITY CLERK: COMMITTEES-HOUSING/AUTHORITY: The City Clerk submitted a written report advising that Thaddeus Henry Hale, Jr., has been absent from five consecutive regular meetings of the Board of Commissioners of the Roanoke Redevelopment and Housing Authority; numerous efforts to contact Mr. Hale to inquire if there were exigent circumstances that compelled his absences and to further inquire of his continuing interest in serving on the Board of Commissioners of the Housing Authority have been unsuccessful; however, Mr. Hale is said 420 ACTION: to be residing in the State of Florida; and the City Attorney has given Mr. Hale notice that Council is considering his removal and will provide Mr. Hale, or his representative, with an opportunity to be heard at the City Council meeting on Monday, October 7, 1996. (For full text, see report on file in the City Clerk's Office.) Inasmuch as neither Mr. Hale, or his representative, were present, Mr. Parrott moved that in view of the fact that Mr. Thaddeus H. Hale, Jr., has been negligent of duty by reason of absence from five consecutive regular meetings of the Board of Commissioners of the Roanoke Redevelopment and Housing Authority absent exigent circumstances, he should therefore be removed as a Commissioner of the Housing Authority. The motion was seconded by Mr. Swain and adopted. REPORTS OF COMMITTEES: BUDGET-SEWeRS AND STORM DRAINS-BONDS/BOND ISSUES- NORFOLK SOUTHERN CORPORATION-ROANOKE GAS COMPANY: Council Member John H. Parrott, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for construction of the Tinker Creek Interceptor Sewer Replacement Project, and recommended that Council concur in the following actions: Authorize the City Manager to execute a unit price contract, in a form to be approved by the City Attorney, with Bryant Electric Co., Inc., in the amount of $5,596,895.00, with 540 calendar days for completion of the work, a project contingency of $600,000.00, $45,000.00 for charges by Norfolk Southern Co. rporation for construction and removal ora temporary ra,lroad crossing and flagman services, and $15,000.00 for relocation of a natural gas main owned by Roanoke Gas Co. Transfer $2,871,915.00 from STP Expansion Bonds 1994, Account No. 003-056-8465-9001, to an account to be established by the Director of Finance entitled, "Tinker Creek Interceptor Sewer Construction". 421 ACTION: ACTION: Appropriate $3,384,980.00 to the Tinker Creek Interceptor Sewer Construction account from funds to be provided by other jurlsdictlons and establish accounts receivable in the same amount. The City Manager submitted a written report concurring in the recommendation of the bid committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~33t44-100796) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 152.) Mr. Parrott moved the adoption of Ordinance No. 33144-100796. The motion was seconded by Mr. Swain and adopted by the following vote: Mayor Wyatt NAYS: None (Council Member Trout and Mayor Bowers were absenL) Mr. Parrott offered the following emergency ordinance: AYES: Council Members Harris, Parrott, Swain, INhite and Vice- 5. e (#33145-100796) AN ORDINANCE accepting the bid of Bryant Electric Co., Inc., for the Tinker Creek Interceptor Sewer Replacement, 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. 59, page 153.) Mr. Parrott moved the adoption of Ordinance No. 33145-100796. The motion was seconded by Mr. Swain and adopted by the following vote: 422 AYES: Council Membem Harris, Parrott, Swain, White and Vice- Mayor Wyatt ... 5. NAYS: None 0. (Council Member Trout and Mayor Bowers ware abeenL) PURCHASE/SALE OF PROPERTY-TRAFFIC-EASEMENTS- CONDEMNATION PROCEEDINGS-WATER RESOURCES-STREETS AND ALLEYS-PLANNING-GRANTS: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to acquisition of the necessary Hghte-of- way and easements for eight parcels of land, in connection with intersection widening at the intersections of Old Mountain Road and Nelms Lane, N. E., and King Street and Berkley Road, N. E., and authorization for appropriate City officials to acquire the land and conduct condemnation proceedings, if necessary, pursuant to Section 33.t.09, et seq., Code of Virginia (t950), as amended. A staff report advised that the Virginia Department of Transportation approved Roanoke City's Intermodal Surface Transportation Efficiency Act (ISTEA) project applications in December 1993 for the following projects: Old Mountain Road/Nelms Lane, N. E., intersection - widen pavement and improve alignment of Nelms Lane; King Strset/Berkley Road, N. E., intersection - improve side 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 further advised that Council adopted Resolution Nos. 32101-071194; 32102-071194; and 32103-071194, on July 11, t994, to enable the abovereferenced projects to be programmed into the Six- Year Improvement Program; and Council authorized execution of project administration agreements on August 14, 1995. It was explained that City staff has performed engineering and design work; VDOT will assist the City with proposed right-of-way acquisition and construction (Norfolk Southern and VDOT recently completed the railroad grade crossing project); Council is requested to 423 authorize .acquisition of .needed rights-of-way for .the two roadway I safety proJects; and proJect have been reviewed with pl.ans ea. ch pmparty owner from whom right-of-way ia needed, and dee,gn concerns have been resolved to the apparent satisfaction of the property owners. The Water Resources Committee recommended that Council authorize acquisition of necessary rights-of-way for eight certain parcels of land and that the appropriate City officials be authorized to acquire the land and conduct condemnation proccc, dings, if necessary, pursuant to Sect]on 33.1-89, et seq., Code of Virginia (1950), as amended. (For full text, see reports on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: (#33146-100796) AN ORDINANCE providing for acquisition of certain property rights needed by the City for intersection widening at the intersections of Old Mountain Road and Nelms Lane, N. E., and King Street and Berkley Road, N. E.; setting a certain limit on the consideration to be offered .by the City; providing for the City's a.cquisition of such property rights by condemnation, under certain circumstances; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 154.) ACTION: Mr. White moved the adoption of Ordinance No. 33146-100796. The motion was seconded by Mr. Swain and adopted by the following vote: Mayor Wyatt ..... NAYS: None (Council Member Trout and Mayor Bowers were absent.) AYES: Council Members Harris, Parrott, Swain, White and Vice- 5. 424 BUDGET-PURCHASE/SALE OF PROPERTY-CONDEMNATION PROCEEDINGS-BUILDINGS/BUILDING DEPARTMENT-BONDS/BOND ISSUES-PARKS AND RECREATION-CAPITAL IMPROVEMENTS PROGRAM-RAILSIDE UNEAR PARK-WATER RESOURCES: Vice-Mayor Linde F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to property rights acquisition for Phase I - Railside Linear Walk. A staff report advised that Council authorized an architectural and engineering services contract for Phase I of the Railside Linear Walk with Hayes, Sesy, Mattem & Mattern, Inc., on August 28, t995; plans have bccn sufficiently finalized to identify those parcels on which property rights need to be acquired; and the proposed Walk parallels the Norfolk Southern Railway along the north side of Norfolk Avenue between Market Street, N. E., and First Street, N. W., and extends along the east and south sides of '~Narehouss Row". It was further advised that development of the proposed micro- brewery by a private developer on the west end of '~Narehouse Row" requires that this portion of the walkway be completed by March 1, 1997; and authorization is needed to move forward with title work, appraisals, negotiations with property owners, and closings for acquisition of all necessary property rights. The Water Resources Committee recommended that Council authorize the City Manager to take the appropriate action to acquire all property rights necessary for construction of the project; and transfer $250,000.00 from 1996 Bond Account No. 008-052-9701-9180, to Capital Projects Fund Account No. 008-052-9702-900t, "Phase I, Railside Linear Walk", to provide funds for title work, appraisals, recordation costs, and acquisition of property rights. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~t33147-100796) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 156.) 425 ACTION: ACTION: Mr. Parrott moved the adoption of Ordinance No. 33147-100796. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrot/, Swain, White and Vice- Mayor Wyatt 5. NAYS: Non= O. (Council Member Trout and Mayor Bowers were absent.) Mr. Parrott offered the following emergency ordinance: (#33148-100796) AN ORDINANCE providing for acquisition of property rights needed by the City for the Railside Linear Walk - Phase I Project; setting a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property Hghte by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 157.) Mr. Parrott moved the adoption of Ordinance No. 33148-100796. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, White and Vice- Mayor Wyatt... 5. NAYS: None 0. (Council Member Trout and Mayor Bowers were absent.) PURCHASE/SALE OF PROPERTY-CITY EMPLOYEES-STREETS AND ALLEYS-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to purchase of five properties for the City Employee Parking Project, on Luck and Church Avenues. S.W. 426 ACTION: A staff report advised that in September 1994, s plan was developed to address the employee perking recommendation, and five properties were identified as possible sites to acquire in order to implement Phase I of the Parking Project; the owners of the five propertiee have been contacted and have indicated s willingness to sell their property to the City; and the properties have been reviewed by the Director of Real Estate Valuation, with proposed amounts determined to be fair prices. The Water Resources Committee recommended that Council authorize the City Manager to execute the necessary documents, in a form to be approved by the City Attorney, to purchase the following properties for a total cost not to exceed $335,000.00: Address 1113510 1113511 1113418 1113411 1113412 William Albert McCarthy Jerry James Howard Joseph A. & Janet L. Medina ChaHes C. Wilmom W. Keith & Klm P. Dockery 516 Luck Avenue, S. W. 512 Luck Avenue, S. W. 506 Church Avenue, S. W. 509 Church Avenue, S. W. 505 Church Avenue, S. W. (For full text, see reports on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#33149-100796) AN ORDINANCE providing for acquisition of five parcels of real estate identified by Roanoke City Tax Map Nos. 1113411, 1113412, 1113418, 1113510, and 1113511, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 158.) Mr. Harris moved the adoption of Ordinance No. 33149-100796. The motion was seconded by Mr. Swain and adopted by the following vote: Mayor Wyatt NAYS: None (Council Member Trout and Mayor Bowers were absent.) AYES: Council Members Harris, Parrott, Swain, White and Vice- 5. Om ACTION: 427 UNFINISHED BUSINESS: HOUSING/AUTHORITY-TOTAL ACTION AGAINST POVERTY- GRANTS-HENRY STREET REVIVAL COMMITTEE: The City Manager submitted a written report advising that his report with regard to Total Action Against Poverty's $212,000.00 loan for asbestos abatement in Henry Street Music Center was tabled at the September 16, 1996 Council meeting until October 7, 1996, in order to obtain additional information related to questions/concerns of Ms. Vernice Law; after discussion with the City Attorney and the Office of Grants Compliance, it has been determined that the conditions listed in the report, with the exception of one, are not mandatory and their removal will do no irreparable damage; however, the one exception would be the prevision to account for jobs creation which is a requirement of the Federal Government. The City Manager further advised that inasmuch as the City Attorney and the Office of Grants Compliance agree that the only requirement is with respect to job creation, no problem would be created by removal of the stipulations, with the exception of the abovecited requirement. (See Council minutes dated September 16, 1996.) (For full taxt, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (~t33150-100796) A RESOLUTION authorizing the City Manager to execute the necessary documents to forgive the loan made to Total Action Against Poverty in the Roanoke Valley ("TAP") for the Henry Street Music Center (the "Music Center''), and to notify the Department of Housing and Urban Development ("HUD") that the loan will be considered a grant. (For full text of Resolution, see Resolution Book No. 59, page 159.) Mr. Swain moved the adoption of Resolution No. 33150-100796. The motion was seconded by Mr. White. 428 Ms. Vemica J. Law, 1019 Staunton Avenue, N. W., requested that Council require Total Action Against Poverty to convey title to the Henry Street Music Center to the City in exchange for forgiving the $212,000.00 loan. She explained that such action would clear the way for the return of the Dumas Hotel to its former owners, Wilton and Darthula Lash, for use as a community center, which would guarantee black ownership of a building on Henry Street. Ms. Virgie F. Craigheed, 1625 Orange Avenue, N. W., spoke in support of returning the Dumas Hotel building to its former owners, Wilton and Darthula Lash. She advised that the City should not forgive the $212,000.00 loan to Total Action Against Poverty, but if the City can afford to forgive a $212,000.00 loan, Council should consider lowering real estate taxes. Mr. Henry H. Creigheed, 1626 Orange Avenue, N. W., spoke in support of returning the Dumas Hotel to its former owners. The Reverend Leonard L. Hines, 38t9 Rolling Hills Avenue, N. W., requested that the black community be given a foothold in the Henry Street project by returning the Dumas Hotel to its former owners, which would place the City in a position for further progress on Henry Street. He stated that if Council does not allow the property to revert to the City, thereby enabling the City to sell the property to its former owners, a problem will exist because the black community will not give its blessing to the Henry Street project. He added that the City should give something back to the black community and asked that the Dumas Hotel be returned to its former owners. Ms. Helen E. Davis, 35 Patton Avenue, N. E., addressed Council in support of the request of Ms. Law that the former Dumas Hotel be returned to its former owners. She stated that if the Dumas Hotel is returned to its previous owners, it will be used as a community center which is needed in the black community. Ms. Georgia C. Reeves, 916 McDowell Avenue, N. W., also spoke in support of the request of Ms. Law to return the Dumas Hotel to its former owners. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., spoke in support of returning the Hotel Dumas to its former owners. She inquired if the City forgives the $212,000.00 loan to Total Action Against Poverty, why is it conditioned upon receiving 26 per cant of net program income for ACTION: 429 five years. She reiterated the remarks of Ms. Law that if the loan is forgiven, the building should be returned to the City by TAP, which would place the City in a position to negotiate return of the the building to its former owners for use by citizens of the entire Roanoke Valley. Resolution No. 33150-100796 was adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, White and Vice- Mayor Wyatt 6. NAYS: Non= O= (Council Member Trout and Mayor Bowers were absent.) INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 33128 rezoning a tract of land located at 1221 Chapman Avenue, S. W., identified as Official Tax No. 1213512, from RM-2, Residential Multifamily, Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner in an Amended Petition filed in the Office of the City Clerk on July 30, 1996, having previously been before the Council for its first reading on Monday, September 16, 1996, 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: (~33128-100796) AN ORDINANCE to amend ~36.t-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 121, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions profferad by the applicant. (For full text of Ordinance, see Ordinance Book No. 59, page 132.) Mr. White moved the adoption of Ordinance No. 33128-100796. The motion was seconded by Mr. Swain and adopted by the following vote: 430 ACTION: AYES: Council Members Harris, Parrott, Swain, White and Vice- Mayor Wyatt .... 5. NAYS: None 0. (Council Member Trout and Mayor Bowers were absent) ZONING: Ordinance No. 33129 rezoning a certain 1.97-acre tract of land located at the northeast comer of Brandon Avenue and Edgewood Street, S. W., identified as Official Tax No. 1610211, from RM-2, Residential Multifamily, Medium Density District, and C-2, General Commercial District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner in the Second Amended Petition filed in the Office of the City Clerk on August 21, 1996, having previously been before the Council for its first reading on Monday, September 16, t996, read and adopted on its first reading and laid over, was again before the body, Mr. Swain offering the following for its second reading and final adoption: (#33129-100796) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (t 979), as amended, and Sheet No. t61, 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. 59, page 133.) Mr. Swain moved the adoption of Ordinance No. 33129-100796. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, White and Vice- Mayor Wyatt 5. NAYS: None 0. (Council Member Trout and Mayor Bowers were absent) COUNCIL-DECEASED PERSONS: Mr. Harris offered the following resolution memorializing the late Hampton W. Thomas, a former Member of Roanoke City Council, who passed away on September 28, 1996: ACTION: ACTION: 431 (#33151-100796) Hampton W. Thomas. A RESOLUTION memorializing the late (For full text of Resolution, see Resolution Book No. 59, page 151.) Mr. Harris moved the adoption of Resolution No. 33151-100796. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, White and Vice- Mayor Wyatt 5. NAYS: Nono ...... 0. (Council Member Trout and Mayor Bowers were absent.) HUMAN DEVELOPMENT-COMMITTEES-LEGISLATION- PLANNING-FIFTH PLANNING DISTRICT COMMISSION-ECONOMIC DEVELOPMENT: Mr. Parrott offered the following resolution designating Council Member C. Nelson Harris as the City of Roanoke's elected official end Commission member to represent the City on the Regional Steering Committee of the Fifth Planning District Commission, and appointing W. Robert Herbert, or his designee, as the City's administrative representetive to the Regional Steering Committee of the Fifth Planning District Commission: (#33152-100796) A RESOLUTION designating the City's representatives to a Regional Steering Committee to recommend an organizational structure for a Regional Partnership under the Regional Competitiveness Act enacted by the t996 Session of the General Assembly. (For full text of Resolution, see Resolution Book No. 59, page 162.) Mr. Parrott moved the adoption of Resolution No. 33152-100796. The motion was seconded by Mr. Swain and adopted by the following vote: 432 ACTION: AYES: Council Members Harris, Parrott, Swain, White and Vice- Mayor Wyatt 5. NAYS: Non.- (Council Member Trout and Mayor Bowers were absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY: Mr. White moved that Council reconsider its vote with respect to a resolution authorizing Articles of Amendment to the Roanoke Valley Resource Authority Articles of Incorporation and an Amendment to the Roanoke Valley Resource Authority Members Use Agreement to authorize the Authority to engage in or to provide for commercial and/or residential garbage and refuse collection activities or services, which matter was considered at the City Coun~-il M. onday, September 16, 1996. The motion was seconded by Mr. Hams and adopted. COUNCIL-VISION STATEMENT: Council Member Harris inquired about the status of the City's vision statement roll-out process to the community; whereupon, the Vice-Mayor advised that the procedure has been developed a.n.d will be brought to Council for review and approval at a future Councd meeting. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. HOUSING/AUTHORITY.TOTAL ACTION AGAINST POVERTY- GRANTS-HENRY STREET R.E~. IVAL COMMITTEE: Ms. Helen E. Davis, 35 Patton Avenue, N. E., advmed that she has attended City Council meetings for over six y. esrs and during that time, Council has always engaged in dialogue prior to voting on an issue- howev ..... ;,'- ..... orgw,ng the SZla,00o.00 loan to Total Action Against Poverty. She expressed sadness and disappointment that Council did not choose to discuss the issue prior to voting. 433 Ma. Vernice J. Law, 1019 Staunton Avenue, N. W., advised that I aha was hurt and disappointed over Cou. ncil's vote to forgive the $212,000.00 loan to TAP because ownership of the Dumas Hotel was the only hope that black citizens had for retaining ownership of a historic structure on Henry Street. She expressed concern that the City would give Total Action Against Poverty a building that TAP did not apply for since TAP initially requested the Ebony Club building, but was encouraged by the City to pursue the Dumas Hotel instead. She stated that if the Dumas Hotel had been retumed to its former owners, a community center would have been provided. She added that many citizens in the black community will be hurt and distrustful over Council's decision. There being no further business, the Mayor declared the meeting adjourned at 4:35 p.m. APPROVED ATTEST: I M.a. ry F. Parker C~ty Clerk Mayor 434 REGULAR WEEKLY SESSION. ROANOKE CITY COUNCIL October 23, t996 12:30 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 216 Church Avenue, S. W., City of Roanoke, on Wednesday, October 23, 1996, at t2:30 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, ~ of Section 2-16, ~ Code of the City of Roanoke (1979), as amended. PRESENT: .Council Members John H. Parrott, Carroll E. Swain, James O. Trout, Will,am White, Sr., Linde F. Wyatt and Mayor David A. Bowers. 6. ABSENT: Council Member C. Nelson Harris. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grlsso, Director of Finance; and Mary F. Parker, City Clerk. SCHOOLS: Eighth grade students from William Ruffner Middle School, represented by Me. Margaret English, teacher, end the following students, presented biographical data and history on Mr. William Ruffner, namesake of William Ruffner Middle School. Kali Miller-Cox Meliesa Whorley Rayshawn Norman Chris Chisom On behalf of the Members of Council, the Mayor welcomed the students and presented each with a City of Roanoke logo lapel pin. At 12:40 p.m., the Mayor declared the meeting in recess. At 12:45 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room 159, Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, with Vice-Mayor Wyatt presiding, end all Members of the Council in attendance, with the exception of Mayor Bowers. (Council Member Harris entered the meeting at 12:45 p.m.) 435 EMERGENCY SERVICES: The Director of Public Safety introduced Wanda B. Reed, Coordinator, Emergency Services, for a briefing on the City's Emergency Operations Plan, emergency management principles and functions. Me. Reed advised that the Emergency Operations Plan is required pursuant to Title 44, Chapter 3.2, Sections 44-146.19 - 44-156.21 of the Code of Virginia (1950), as amended, Virginia Emergency Services and Disaster Laws; the Emergency Operations Plan must be updated annually and readoptod every five years by the local governing body in order to meet Federal regulations; and a current Emergency Operations Plan ia a prerequisite to Federal funds for emergency management programs. (For full text, see Emergency Operations Plan on file in the City Clerk's Office.) Inasmuch as the briefing had not bccn completed within the allotted timeframe, the Vice-Mayor requested that the Emergency Services Coordinator attend the 2:00 p.m., City Council meeting to address specific questions of Council Members. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 1:05 p.m., the Vice-Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 2t5 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris and Mayor David A. Bowers J.. 7. ABSENT: None., OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grieeo, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend Robert Watts, Pastor, Greene Memorial United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. 436 ACTION: ACTION: TRAFFIC-FIRE DEPARTMENT-STATE HIGHWAYS-ACTS OF ACKNOWLEDGEMENT: Mr. Trout offered the following resolution commending the heroism of Marine Staff Sergeant Frenkie Lee Hall, whom, on September 24, 1996, was driving down Intaretata 581 when he came upon the scene of a traffic accident in which a flaming tractor trailer had collapsed on an automobile, trapping the driver and a passenger inside the burning automobile; and before fireflghtare could arrive on the scene, Sergeant Hall immediately extracted the occupants from the wrecked automobile: (#33153-102396) A RESOLUTION commending the heroism of Marine Staff Sergeant Frankie Lee Hall (For full text of Resolution, see Resolution Book No. 59, page 163.) Mr. Trout moved the adoption of Resolution No. 33153-102396. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: None . 0. On behalf of the citizens of the City of Roanoke and in appreciation for coming to the aid of his fellowman, the Mayor presented Staff Sergeant Hall with a ceremonial copy of the aboversferencad resolution, a plaque declaring Staff Sergeant Hall as an Honorary Member of the Fire Deparb~ent/EMS, and a Key to the City. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda ware 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 with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. 437 ACTION: ACTION: COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pureuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: None 0. COMMITTEES-INDUSTRIES: A communication from W. Bolling Izard tendering his resignation as a Director of the Industrial Development Authority of the City of Roanoke, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed, and that the resignation be accepted with regret. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: None 0. COMMITTEES-HUMAN DEVELOPMENT: A communication from Harold F. Dill tendering his resignation as a member of the Advisory Board of Human Development, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) 438 ACTION: Mr. White moved that the communication be received and filed, and that the resignation be accepted with regraL The motion was seconded by Mr. Trout and edopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Boware NAYS: Nono 0. BUILDINGS/BUILDING DEPARTMENT-TRAFFIC-ROANOKE CIVIC CENTER-HOUSING/AUTHORITY-YOUTH-OATHS OF OFFICE- COMMITTEES: The following reports of qualification were before Council: ACTION: Edward S. Colonna aa a member of the Building Code Appeals Board, Volume I (Building Construction Division), for a term ending September 30, 2001; John W. Brown, Jr., as a member of the City of Roanoke Transportation Safety Commission to fill the unexpired tef,.~t of Acree Hayes, resigned, ending October 31, 1998; Mark E. Feldmann as a member of the Roanoke Civic Center Commission for a term ending September 30, 1999; James W. Burks, Jr., and Carolyn M. Johnson as Commissioners of the City of Roanoke Redevelopment and Housing Authority Board of Commissioners for terms ending August 31, 2000; and Todd St. Clair aa a member of the Youth Services Citizen Board to fill the unexpired term of Katrina A. Martin, resigned, ending May 31, 1998. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualification be received and filed. The motion was seconded by Mr. Trout and adopted by the following vote: 439 AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers. 7. NAYS: Nono 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: ANNUAL. REPORTS-ROANOKE CIVIC CENTER: J. William Stephens, Cha,r, Roanoke Civic Center Commission, presented the 1995-96 year end report of the Roanoke Civic Center, which included information on a summary of events, an economic impact study, and major events activities. (See report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the report would be received and filed. ANNUAL REPORTS-DOWNTOWN ROANOKE, INCORPORATED: Robert B. Manet/a, President, Downtown Roanoke, Incorporated, presented an oral report on accomplishments of Downtown Roanoke during the 1996 calendar year. ACTION: Without object by Council, the Mayor advised that the oral report would be received and filed. PARKS AND RECREATION-SPECIAL PERMITS-GREENWAY SYSTEM-WATER RESOURCES: William Tanger, Chairperson, The Sierra Club, Roanoke River Group, presented resolutions adopted by the Roanoke River Group of The Sierra Club and FHends of the Roanoke River endorsing and supporting the sale of a section of the Appalachian Trail currently owned by the City of Roanoke to the Appalachian Trail Club, conditioned upon all monies received f~om the sale of the land to be used toward developing greenwaye on City property. If the money is invested in greenways, he stated that the benefits will be numerous, viz: an increase in tourism, improved standard of living because new industry will choose to locate in the area and better flood reduction. 44O ACTION: ACTION: Mr. White requested that The Sierra Club and Friends of the Roanoke River provide the City with an estimate on how much money should be devoted to regional greenway development. Without objection by Council, the Mayor advised that the resolutions would be referred to the Water Resources Committee. HUMAN DEVELOPMENT-ANNUAL REPORTS-BLUE RIDGE COMMUNITY SERVICES: Onzlee Ware, Chair, Board of Directors, Blue Ridge Community Services, presented the Annual Report of Blue Ridge Community Services for the fiscal year ended June 30, 1996. (See statement on file in the City Clerk's Oflica.) Ms. Suzanne Vail, 3417 Courtland Road, N. W., addressed Council with regard to her personal experiences with Blue Ridge Community Services. She stated that she is the mother of a 16 year old who is severely mentally and physically retarded, therefore trips away from home are infrequent. She called attention to the many stresses that come from caring for a disabled family member, and Respite Care Services and Family Support Services provided by Blue Ridge Community Servicee have provided her family with an opportunity to recoup their energies and helped to keep their loved one in the home family es~ng. She expressed appreciation to the City for its continued support of Blue Ridge Community Services. Vice-Mayor Wyatt addressed the need to provide services to those persons who are re-entering society following a head trauma; whereupon, Dr. Fred P. Roassel, Jr., Executive Director, Blue Ridge Community Services, advised that head trauma/brain damage patients do not fell under the province of Blue Ridge Community Services. He explained that Blue Ridge Community Services does not receive funding for this purpose, the organization deals strictly with mental health, retardation, and substance abuse, and funding comes in specific forms, which include spending regulations, therefore, as much as the organization might wish to perform services in the field of head trauma, it cannot do so without express authority and funding. Without objection by Council, the Mayor advised that the briefing would be received and filed. 441 At 3:16 p.m., the Mayor declared the meeting in receee. At 3:25 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. OTHER HEARINGS OF CITIZENS: COMPLAINTS-HOUSING/AUTHORITY-TOTAL ACTION AGAINST POVERTY-GRANTS-HENRY STREET REVIVAL COMMITTEE: Bishop Spencer Manne, 1829 Patterson Avenue, S. W., advised that if Roanoke is to be called an All America City, it must be inclusive of all citizens; however, in developing the City of Roanoke, the black community has bccn oveHooked. He stated that if Council can forgive the $212,000.00 loan to Total Action Against Poverty for asbestos abatement in the former Dumas Hotel, other loans to which the City is a party should be forgiven. He added that a jazz center in the Dumas Hotel will not serve to better the entire community. Ms. Vemice J. Law, 1019 Staunton Avenue, N. W., requested that Council reconsider its previous action to forgive the $2t2,000.00 loan to TAP for asbestos abatement in the Dumas Hotel, and that the $2t2,000.00 be considered a grant for the following reasons: (1) The Mayor, who Chairs the Henry Street Revival Committee, was not present when Council voted on the question, and the Hotel Dumas is located on Henry Street and will play a role in its revitalization. (2) The City Manager was not present when the vote was taken and it wes his recommendation that was acted on by Council. Questions from citizens were not appropHataly addressed. (3) At the Council meeting on Monday, October 7, t996, an item was carried over because Mayor Bowers was not present, and he had therefore requested that action be deferred until a later Council meeting in order that he could express his views. (Funding for the Roanoke Valley Convention and Visitors 442 Bureau.) At the same meeting, the question of amending Articles of Incorporation of the Roan. oke Valley Resource Authority to prov,de for collection of refuse was voted on by Council for reconsideration. (4) Two Membera of Council serve on the Total Action Against Poverty Board of Directere which gives the appearance of a conflict of interest. Ms. Law emphasized that the request to return the Dumas Hotel to its former owners ia not based upon a private, commercial or profit making motive, because the former ownere intend to allow for black community ownership and participation in a building which is rich in black history and culture. For the above reasons, she requested that Council reconsider its vote to forgive the $212,000.00 loan to TAP which would afford the citizens an opportunity to ask questions and receive responses from City officials. Ms. Virgie F. Craigheed, 1625 Orange Avenue, N. W., expressed concern that the Lash family was treated unfairly when the Roanoke Redevelopment and Housing Authority acquired the Dumas Hotel. She requested that Council rescind its previous action to forgive the $212,000.00 loan to TAP. The Reverend Leonard L Hines, 3819 Rolling Hills Avenue, N. W., advised that the black community does not enjoy the same amenities that exist in the white community such as convenience stores and community centers, facilities that can be patronized by the black community, and functions designed to keep young people off the streets. He advised that Council should review past actions and take corrective measures, and stated that The Jefferson Center is a prototype of what could be done in the black community with the Dumas Hotel. Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that the City contributed funds to renovate The Jefferson Center and inquired if the funds were City tax dollars. She questioned aa to the fairness of spending approximately $4.0 million on a building on the south side of town, but less than $1.0 million on a building on the north side of the City. II 443 Ms. Evelyn D. Bethel, 36 Patton Avenue, N. E., addressed Council in support of the request of Ms. Law and beseeched the Members of Council to reconsider its action to forgive the $212,000.00 loan to TAP. She stated that when the name of the Dumas Hotel was changed to the Roanoke Henry Street Music Jazz Center, in effect, the entire history, culture and heritage ora people ware destroyed. On behalf of the black community, she requestsd that Council favorably consider the request of Ma. Law and inquire of the Department of Housing and Urban Development if the building must be owned by TAP, or another non- profit organization. She requested that Council consider the pleas of citizens of the community. Mr. Henry H. Craighesd, t626 Orange Avenue, N. W., expressed concern that two Members of Council serve on the Board of Directors of Total Action Against Poverty which constitutes a conflict of interest. Ms. Helen J. Hall, 141t Orange Avenue, N. W., inquired as to why the Lash family acquired the Hotel Dumas and then boarded up the structure. She also inquired as to why the City would return a building to the Lash family assessed in the range of $24,000.00 after spending over $900,000.00 on renovations. She pointed out that those persons addressing Council did not represent the entire black community. Mr. Michael P. Elliotte, 49t2 Pomroy Road, N. W., advised that if TAP owes the City $212,000.00 for asbestos abatement in the Dumas Hotel, a lien should be placed on the property to enable the City to obtain its money. Mr. George E. Franklin, 17t6 Loudon Avenue, N. W., advised that there are solutions to the problem and encouraged Council to allow time for dialogue between interested pa~es. He asked that Council hold its action in abeyance to forgive the $212,000.00 loan to TAP and direct that there be discussion between interested parties. ACTION: Without objection by Council, the Mayor advised that all remarks will be referred to the Henry Street Revival Committee in connection with a public hearing to be held on Monday, October 28, 1996, at 7:00 p.m., at the Roanoke Civic Center to receive citizen input on the Henry Street Land Use Plan. 444 ACTION: TRAFFIC-COMPLAINTS-YOUTH-STREETS AND ALLEYS: The Reverend Johnny R. Stone, 3321-B Circlebrook Drive, S. W., appeared before Council and expressed concern with regard to the safety of children attending the Northwest Child Development Centor on Melrose Avenue, N. W., and requested that a caution light be installed to serve as a deterrent to motorists exceeding the speed limit. Without objection by Council, the Mayor advised that the request will be referred to the City Manager for investigation and report to Council. PETITIONS AND COMMUNICATIONS: BUDGET-CAPITAL IMPROVEMENTS PROGRAM-GRANTS- SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. Grant No. 6242 $16,000.00 for the 1996-97 Title VI Curriculum Alignment Program to provide funds for innovative education program strategies to be developed at eight Title I schools. This new program will be reimbursed 100 per cent by Federal funds. Grant No. 6311 $691,513.00 for the Magnet School Program to provide for the operation of the Magnet School Programs at Huff Lane MicroVillage and Lincoln Terrace Saturn Network School. This continuing program is 100 per cent reimbursed by Federal funds. Grant No. 6534 $1,832.00 for the Child Development Clinic Program to provide funds for the salary and expenses ofthe educational coordinator at the clinic. This continuing program will be reimbursed 100 per cent by State funds. Grant No. 6535 - $1,450.00 for the Child Specialty Services Program to provide funds for the salary and expenses of the educational coordinator. This continuing program is 100 per cent reimbursed by State funds. 445 Grant No. 6536 $1,600.00 for the Juvenile Detention Home Program to provide for the salary and expanses of the two educational coordinators. This continuing program is 100 par cent reimbursed by State funds. Grant No. 6786 - $1,742.00 for the Perkins Act Program to provide funds for vocational instructors and equipment. This continuing program will be reimbursed 100 par cent by Federal funds. Grant No. 6931 - $500.00 for the Project Success Program to utilize additional contributions from the private sector to establish a joint venture between Roanoke City Schools, area colleges, and area businesses. Students will participate in summer sessions of academic enrichment and will continue to participate in expanded activities until they graduate from the school system. This is a continuing program. Grant No. 6953 - $4,700.00 for the Tutors for Success Program at Forest Park New American School to provide academic support to educationally at-Hsk students. The Program will prepare students academically to enter the middle school grades, initiate a comprehensive training program for parents to support the academic effort of their children, and will increase community involvement in schools. This continuing program is 100 per cent reimbursed by a grant from Central Fidelity Bank. The School Board further requested appropriation of $30,912.00 to provide funding for architectural studies of the Woodrow Wilson Middle School renovation, which funds were received from interest ssmed in the State Non-Arbitrage Pool and from asbestos class action receipts. 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 communication and report on file in the City Clerk's Office.) 446 ACTION: Mr. Trout offered the following emergency budget ordinance: (#33154-102396) AN ORDINANCE to amend and reordain certain sections of the 1996-9;' School and Capital Fund Appropriations, and providing for an emergency. (For full taxt of Ordinance, see Ordinance Book No. 59, page 164.) Mr. Trout moved the adoption of Ordinance No. 33154-102396. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers NAYS: Nono Mr. Swain alluded to questions pertaining to the Aeronautical Science Technology Program at William Fleming High School; whereupon, he stated that he would contact appropriate school officials to discuss his questions and correspond with Council, if necessary. Vice-Mayor Wyatt called attention to a video which was prepared under the direction of Roanoke City School officials describing the Magnet School Program, and suggested that the video be shown at a future City Council session. At 4:35 p.m., the Mayor declared the meeting in recess. At 4:45 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowera presiding, and all Members of the Council in attendance. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: 447 CITY CODE-REFUSE COLLECTION-PROCUREMENT CODE: The I City Manager submitted a written report with regard to amendment to Chapter 23.t, Procurement, Code of the City of Roanoke (1979), as amended, advising that the Solid Waste Collection and Disposition Study Committee appointed by Council to study refuse collection issues and altemafivss is preparing to seek information from private contractors regarding the procurement of residential refuse collection services; and the only procurement method currently provided by City Code that is suitable for procurement of residential refuse collection services is competitive bidding, since refuse collection services do not meet the definition of professional services under the competitive negotiation for professional services option. It was further advised that competitive bidding is not practicable or fiscally advantageous to the City for the procurement of refuse collection services because the process doss not guarantee the selection of the private provider than can provide the highest quality service at the best economic value for the City; competitive bidding requires award of a contract to the lowest responsive bidder that meets minimum qualification requirements started in the invitation for bids, a sort of "pass-fail" determination, which allows little flexibility in considering and ranking proposers, based on the extent to which proposers' qualifications may exceed minimum requirements; and competitive bidding does not allow negotiation of price with proposers, thereby not allowing the City to ensure that it is receiving the best economic value in procuring a service. It was explained that another more practicable and fiscally advantageous procurement option is available to the City under the Virginia Public Procurement Act - competitive negotiation for the procurement of other than professional services, which procurement process consists of the following steps: issuance of a publicly advertised Request for Proposals (the Request for Proposals may request that proposers provide an estimate of cost of services); non-public opening of proposals received; ranking of proposers in order of preference based on professional competence, qualifications and cost of service; 448 negotiations with the top-ranked proposers; and award of a contract to the offeror with the best proposal for providing the service at the best economic value for the City. It was noted that the sbovedsecribed procurement option must be added to the City Code before it can be utilized; the Virginia Public Procurement Act provides for the use of competitive negotiation for the procurement of other than professional services if a public body determines, in advance and in writing, that competitive sealed bidding is not practicable or fiscally advantageous to the City, which provision must be added to the City Code; and the Solid Waste Collection and Disposition Study Committee considered all of the abovedescribed procurement methods and determined that competitive negotiation for the procurement of other than professional services is the best method for procuring rseidential refuse collection services, which method may also prove to be the best method for procuring other non-professional services in the future. The City Manager recommended that Council concur in the following actions: Include the procurement method known as competitive negotiation for the procurement of other than professional services as a part of the City Code and allow it to be used for the procurement of residential refuse collection services. Adopt a measure amending the City Code to include the procurement method defined as competitive negotiation for the procurement of other than professional services to be used if Council determines, in advance and in writing, that competitive bidding is not practicable or fiscally advantageous to the City. Adopt a measure determining that the procurement method known as competitive bidding is not practicable or fiscally advantageous to the City for the procurement of residential refuse collection services. (For full text, see report on file in the City Clerk's Office.) 449 i Mr. Parrott offered the following emergency ordinance: (#33155-102396) AN ORDINANCE amending §23.1-4, Reouirement of biddino: oower to reiect bid_,~ Code of the City of Roanoke (1979), by the addition of a new subsection (e) providing that, upon determination made in advance by the governing body, the procurement method known as competitive negotiation may be used in lieu of the procurement method known as compe'dfive sealed bidding when the latter either is not practicable or not fiscally advantageous to the .p.u.blic; amending. §23.1-4.1, Re, uirement of co.m.~rmtitive nepotiation, by the addition of a new subsection (c) prov,ding the required procedural steps for use of competitive negotiation for other than professional services; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 168.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 33155-102396. The motion was seconded by Mr. Harris and adopted by the following vote: ACTION: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers 6. NAYS: Vice-Mayor Wyatt Mr. Parrott offered the following resolution: (#33156-102396) A RESOLUTION designating the procurement method known as competitJve negotiation, rather than the procurement method known as competitive sealed bidding, to be used for procurement of residential solid waste collection services and documenting the basis for this determination. (For full text of Resolution, see Resolution Book No. 59, page 173.) Mr. Parrott moved the adoption of Resolution No. 33156-102396. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers ........ 6. NAYS: Vice-Mayor Wyatt 1. 450 ACTION: BUDGET-BRIDGES-STREETS AND ALLEYS: The City Manager submitted a written report advising that funding, in the amount of $150,000.00, was adopted in the fiscal year 1996-97 budget for bridge maintenance; estimated cost for various small maintenance projects as identified in annual consultant bridge inspections totals $1.4 million; funding needs to be transferred from the General Fund to the Capital Projects Fund for bridge maintenance needs; and the following bridges have the highest priority maintenance needs that will be partially funded by the requested transfer: Norwich Bridge (Bridge Street) ~8036 - replace expansion joints, repair cracks and delamination in concrete deck and sidewalks, and spot paint; Dale Avenue #t903 - replace transverse deck expansion joints; and Jefferson Street (River Bridge) ~8032 - clean and paint bearing plates. The City Manager recommended that Council authorize the Director of Finance to appropriate $150,000.00, which is currentiy available in the General Fund Transfer to Capital Project Fund, to Capital Fund Account No. 008-052-9549-9003, "Bridge Maintenance". (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (~33157-102396) AN ORDINANCE to amend and reordsin certain sections of the 1996-97 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 69, page 174.) Mr. Swain moved the adoption of Ordinance No. 33157-102396. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, INhite, Wyatt, Harris and Mayor Bowers 7. NAYS: None 0. I 451 BUDGET-CMERP-FLEET .I~_INTENANCE FUND-EQUIPMENT: I The City Manager submitted a written report advising Capital th.at Maintenance and Equipment Replacement Program has ,dentified the need to replace a road tractor used for the movement of heavy equipment and matarials; whereupon, the City Manager recommended that Council concur in the following actions: Authorize the purchase of one new road tractor from Magic City Motor Corporation, at a total cost of $51,751.01. Transfer $51,752.00 from Fleet Management Prior Year Retained Earnings to Fleet Management Account No. 017- 052-2642-9010. 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: (~33158-102396) AN ORDINANCE to amend and reordain certain sections of the t996-97 Fleet Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 175.) ACTION: Mr. White moved the adoption of Ordinance No. 33158-102396. The motion was seconded by Mr. Trout and adopted by the following vote: Vice-Mayor Wyatt NAYS: None (Mayor Bowers abstained from voting.) AYES: Council Members Parrott, Swain, Trout, White, Harris and Om 452 ACTION: Mr. Wttite offered the following resolution: (~33159-102396) A RESOLUTION accepting the bid for the purchase of s New Road Tractor from Magic City Motor Corporation, upon certain terms and conditions; and rejecting all other bids made for such items. (For full text of Resolution, see Resolution Book No. 59, page 176.) Mr. INhite moved the adoption of Resolution No. 33159-102396. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Vice-Mayor Wyatt ,,, 6. NAYS: None 0. (Mayor Bowers abstained from voting.) BUDGET-HUMAN DEVELOPMENT-FDETC: The City Manager submitted a written report advising that the Fifth District Employment and Training Consortium administers the Federally-funded Job Training Partnership Act (JTPA) for the Fifth Planning District; the Consortium serves eligible residents in the Counties of Alleghany, Botetourt, Craig and Roanoke and the Cities of Clifton Forge, Covington, Roanoke and Salem; the two primary client populations served by the Consortium include economically disadvantaged and dislocated workers; and the City of Roanoke is the grant recipient for Conso~um funding and Council must appropriate funding for all grants and other monies received by the Consortium. It was further advised that the Governor's Employment and Training Department (GETD) has sent to the Consortium Notices of Award and adjustments for programs which include on-the-job training, work experience, job-related education, classroom training, job placement activities, and remedial education, in the following amounts: Opportunity Knocks (Steate General Funds) - $127,840.00 - will be used to allow young people between the ages of 18 and 24 to gain practical work experience and participate in education and training activities while carrying out community service projects. 453 Opportunity Knocks. (eight per cent funds) - $30,303.00- I will be used to prey,de participants between of 18 the.?ges and 24 with wages while carrying out commumty service projects. Title III (Carry-in funds) - $82,305.00 - will be used to serve dislocated workers within the Fifth Planning District. Title II-A (Carry-in funds) - $22,041.00 - will be used to serve economically disadvantaged adults within the Fifth Planning District. Title II-C (Carry-in funds) - $17,814.00 - will be used to serve economically disadvantaged youth within the Fifth Planning District. The City Manager recommended that Council appropriate the Fifth District Employment and Training Consortium's additional funding totalling $280,303.00, and increase the revenue estimate by $280,303.00 in accounts to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33160-102396) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 177.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33160-102396. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: None 0. 454 BUDGET-HUMAN DEVELOPMENT-GRANTS-LIBRARIES- DISABLED PERSONS: The City Manager submitted a written report advising that Federal aid through a LSCA Title I Grant for $7,359.00 has bccn approved for the Roanoke City Public Library by The Library and Resource Center of Virginia for fiscal year 1996-97; the Roanoke City Public Library is a Subregional Library for visually and physically challenged residents of the Fifth Planning District; and the Library Administration recommends that the Subregional Grant of $7,359.00 be used to continue and increase the hours of an existing part-time temporary library assistant from 400 hours to 855 hours to maintain the collection and files for the subregional program for the visually and physically challenged. The City Manager recommended that Council concur in the following actions: Accept the LSCA Title I Subregional Library for the Blind Grant, in the amount of $7,359.00, and appropriate funds to the following accounts fo be established in the Grant Fund: $6,835.00 to Temporary Employee Wages, Account No. 035-054-5044-1004; and $524.00 to FICA, Account No. 035-004-0044- 1120. Establish a revenue estimate of $7,359.00 for the Subregional Title I Grant in the Grant Fund. Authorize the City Manager, or his designee, to execute the necessary documents accepting the Grant for the Roanoke City Public Library. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33161-102396) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 179.) 455 i ACTION: M.r. Trout moved the adoption of Ordinance No. 33161-1023.96. The motion wes seconded by Mr. Parrott and adopted by the follomng vote: Harris and Mayor Bowers NAYS: None Mr. Trout offered the following resolution: ACTION: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, 7. (#33162-102396) A RESOLUTION accepting a Library Services and Construction Act Title I Subregional Library for the Blind Grant. (For full text of Resolution, see Resolution Book No. 59, page 180.) Mr. Trout moved the adoption of Resolution No. 33162-102396. The motion wes seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: None 0. BUDGET-HUMAN DEVELOPMENT-GRANTS-FIFTH PLANNING DISTRICT COMMISSION-BLUE RIDGE COMMUNITY SERVICES- DISABLED PERSONS: The City Manager submitted a written report advising that the Fifth District Disability Services Board is responsible to local govemmente and serves as a critical resource for needs assessment, information sharing, and service opportunities for citizens with disabilities, their families and community; and funds from the State Rehabilitative Services Incentive Fund, a short-te,,,, non- reneweble, stimulus fund designed to promote investment in meeting the needs of individuals with physical and sensory disabilities, has been allocated to the Fifth District Disability Services Board for the second consecutive year by the State Department of Rehabilitative Services. Itwas further advised that the Disability Services Board solicited proposals for use of the new 1996-97 State Rehabilitative Services Incentive Fund monies; two proposals were received, reviewed, and 456 ACTION: forwarded to the Depa,;~,ent of Rehabilitative Services for approval; and upon approval from the State, the Disability Services Board has awarded funding to the following agencies: Blue Ridge Independent Living Center (family support, Fccr counseling, aesistive devices, medication and other) - $25,302.00; and Blue Ridge Community Services (home modifications and equipment) - $9,000.00. The City Manager recommended that Council appropriate $34,302.00 to Grant Fund Account No. 0354)54-5194-20t0, and a corresponding revenue estimate for transfer to Blue Ridge Independent Living Center and Blue Ridge Community Services. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (//33163-102396) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 181.) Mr. Trout moved the adoption of Ordinance No. 33163-102396. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers. 7. NAYS: None 0. HUMAN DEVELOPMENT-GRANTS-YOUTH-JUVENILE CORRECTIONAL FACILITIES: The City Manager submitted a written report advising that the City of Roanoke receives funding from the State Department of Juvenile Justice through the Virginia Juvenile Community Crime Control Act of 1995 (VJCCCA) to administer and operate 1t juvenile justice programs; Section 16.1-322.1 of the Code of 457 Virginia (1950), as amended, delineates appropriation of funds to localities for operating juvenile correctional facilities or programs; and funding from the State Department of Juvenile Justice is provided to the locality based on a formula that ralatas to arrest records of juveniles by the local police depaf~,,ent. It was further advised that the State Depe~b~tent of Juvenile Justice has re-applied the formula and notified the City that an additional $101,195.00 is available for expansion or development of additional juvenile justice service programs; localities wishing to expand services using additional VJCCCA funds must submit a revised plan to the Board of Juvenile Justice for approval; the City may receive an additional $101,195.00 for the six months, beginning Januar/1, 1997 through June 30, 1997; the amount of VJCCCA funding for fiscal year 1996-97 will increase to $1,017,059.00, and funding for fiscal year 1997- 98 will total $1,118,254.00, averaging $1,067,657.00 for each year of the biennium; and Juvenile and Domestic Relation District Court Judges from the 23rd Judicial District, the Director of the 23A Court Services Unit, and City staff recommend utilizing the funding through the Virginia Juvenile Community Crime Control Act for continuation of juvenile programs currently operating, expanding several programs, and creating three new service components, which include the following: aftercare supervision through Youth Haven I; specialized probation supervision through Court Services Unit; and restitution program through Court Services Unit. The City Manager recommended that Council endorse, by resolution, the revised plan of services and that he be authorized to submit the revised plan to the State Board of Juvenile Justice. (For full text, see report on file in the City Clerk's Office.) 458 ACTION: Mr. Harris offered the following resolution: (I/33164-102396) A RESOLUTION endorsing the revised plan of services for juvenile justice programs, funded by the State Department of Juvenile Justice through the Virginia Juvenile Community Crime Control Act of 1995, and authorizing its submittal to the Board of Juvenile Justice for approval. (For full text of Resolution, see Resolution Book No. 59, page 182.) Mr. Harris moved the adoption of Resolution No. 33164-102396. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: None.. INSURANCE-COMPLAINTS-CITY EMPLOYEES-PERSONNEL DEPARTMENT-BLUE CROSS/BLUE SHIELD: The City Manager submitted .a. written report advising that the present health insurance contract ~nth Trigon Blue Cross Blue Shield expires December 31, I 1996; and currently, City employees have the following two options: Comprehensive Plan which has been traditionally provided to employees in recent years; and Point of Service Plan that was offered effective January 1, 1996, which is less expensive with many of the same benefits, but requires the use of a network of primary care physicians and specialists in order to receive health care. It was further advised that the City currently contributes 90 per cent towards the "employee only" rate for both plan options. Itwas explained that changee in the Comprehensive Plan Design for 1997 include increasing the "employee only" deductible from $100.00 to $200.00, plus an increase in the employee out-of-pocket maximum from $750.00 to $1,500.00, and increasing the employee plus child and employee plus family deductible from $200.00 to 400.00, and an increase in the out-of-pocket maximum from $1,500.00 to $3,000.00, 459 which plan design changes help to keep the rata increase down plus bring the City's Comprehensive Plan deductible and out-of-pocket maximums more in line with other local govemments in the area. Itwas further noted that there are no changes in deductible or out-of-pocket maximums for the Point of Service Plan and the Retiree Comprehensive Health Plan; total ratss for the three levels of coverage, employes only, employes plus child, and family will increase by 14.9 per cent; however, the health care reserve fund will "buy down" the employer and employee rata increase to nine per cent for both the Comprehensive Plan and the Point of Service Plan; retiree ratas will also be reduced by approximately seven per cent which is consistent with Council's desire to bring retiree rates in line with those of active employees over a thres- year period (this will be the second year in the thres-yesr period); and all rates ara effective for the contract year January 1, 1997 through December 31, 1997. The City Manager recommended that Council award a contract for health care insurance to Trigon Blue Cross Blue Shield for a period of one year beginning January 1, 1997 and ending December 31, 1997, for coverage and rates as more fully described in the report, and under tarms and conditions contained in the City's present contract with such firm, except as otherwise notad in the report, and authorize the City Manager to execute the contract, in a form to be approved by the City Attorney, and with the understanding that Trigon Blue Cross Blue Shield will provide the City Manager with a contract for execution no latar than December 15, 1996. (For full taxt, see report on file in the City Clerk's Office.) The City Manager advised that City employees have expressed concern with regard to deductibles and out-of-pocket expenses, and he would like to further discuss the matter with the Employes Health Care Committee to review altarnstivas between the current plan, the recommendation presently before Council, and increments as to how they might ultimately effect ratas. If Council approves the proposed recommendation, he statad that it will cost the City's General Fund budget approximataly $500,000.00, and an increase of approximately $700,000.00 will be required to maintain the status quo. He invitad the Members of Council to attend individual briefings to discuss specific questions and concems. 460 Some Members of Council advised that the City talks about being a high perfoi:,iiance organizati.on and. a partlcipator~j form of government, therefore, when the :nformation from Trigon Blue Cross Blue Shield was received in August, City employees should have been brought into the process at that time to provide input in an organized manner. Question was also raised about merging health care plans of the City, the Roanoke City Public Schools, and the Roanoke Redevelopment and Housing Authority as · cost saving measure. The Mayor called attention to a study currently underway regarding a joint contract for health care coverage for City of Roanoke and County of Roanoke employees, the goal of which ia to provide a lower cost for premiums; however, it appears that the City is attempting to bring its employees to the same level aa County employees so as to be on an even basis to go forward with the joint health care program. He expressed concern and asked that the City Manager respond accordingly. In view of questions and concerns of Council Members, the Mayor advised that action on the City Manager's report will be deferred until a later date. At this point, 5:40 p.m., Council Member Harris left the meeting. ! REPORTS OF COMMITTEES: BUDGET-SEWERS AND STORM DRAINS-CAPITAL IMPROVEMENTS PROGRAM: Council Member John H. Parrott, 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 1996 miscellaneous drainage projects, which include Allison Avenue and Sixth Street, S. W., Davenport Street, S. E., Old Country Club Road, N. W., 27th Street, S. W., and Rut~ough Road, S. E., and recommended that Council concur in the following actions: Authorize the City Manager to execute a unit price contract, in a form to be approved by the City Attorney, with S. R. Draper Paving Co., in the amount of $95,292.00, with 120 calendar days to complete the work, and with a project contingency of $9,500.00, for a total cost of $104,792.00. 461 Transfer $104,792.00 from Capital Improvement Reserve Account for Storm Drains, Account No. 008-052-9575-9176, to Capital Project Fund Miscellaneous Storm Drain Projects, Account No. 008-052-9688-9003. 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: (#33165-102396) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 183.) ACTION: Mr. Parrott moved the adoptJon of Ordinance No. 33165-102396. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Psrrott, Swain, Trout, White, Wyatt and Mayor Bowers 6. NAYS: Nono 0. (Council Member Harris was absent.) Mr. Parrott offered the following emergency ordinance: (#33166-102396) AN ORDINANCE accepting the bid of S. R. Draper Paving Co., for the construct]on of five small drainage projects, 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. 59, page 184.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 33156-102396. The mot]on was seconded by Mr. Swain and adopted by the following vote: 462 AYES: Council Members Parrott, Swain, Trout, White, Wyatt and Mayor Bowers .. . 6. ~' NAYS: None 0. (Council Member Harris was absent) BUDGET-FIRE DEPARTMENT-CAPITAL IMPROVEMENTS PROGRAM: Council Member Parrott, Chairperson of the Bid Committee, presented a written report on behalf of the Committee, in connection with bide received by the City for construction of alterations to Fire Station No. 2, Courtland at Noble Avenue, N. E., and recommended 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 Raymond E. Jackson Constructors, Inc., in the amount of $94,852.00 and 60 consecutive calendar days to complete the work. Appropriate funding from previous year's Capital Maintenance and Equipment Replacement account to a new Capital account entitled, "Altora'done to Fire Station No. 2", as follows: Contract Amount Project Contingency Total $ 94,852.00 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: (~J33167-t02396) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Capital Projects and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 185.) 463 ACTION: Mr. Parrott moved the adoption of Ordinance No. 33167-102396. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt and Mayor Bowers =,. NAYS: None 0. (Council Member Harris was absent.) Mr. Parrott offered the following emergency ordinance: (#33168-102396) AN ORDINANCE accepting the bid of Raymond E. Jackson Constructors, Inc., for alterstions to Fire Station No. 2, Project 10-96D, 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 bide made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 69, page 186.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 33168-102396. The motion was eeconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 6. NAYS: None 0. (Council Member Harris was absent.) UNFINISHED BUSINESS: REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY: Council at ite meeting on Monday, October 7, 1996, having voted to reconsider its vote with respect to a resolution authorizing Articles of Incorporation and an Amendment to the Roanoke Valley Resource Authority Members Use Agreement to authorize the Authority to engage in or to provide for commercial and/ 464 ACTION: ACTION: or residential garbage and refuse collection activities or services, which was previously considered at the City Council meeting on Monday, September 16, 1996, the matter was again before the body. Mr. Parrott offered the following resolution: (~33169-102396) A RESOLUTION authorizing Articles of Amendment to the Roanoke Valley Resource Authority Articles of Incorporation and an Amendment to the Roanoke Valley Resource Authority Members Use Agreement to authorize the Authority to engage in or provide for commercial and/or residential garbage and refuse collection activities or services. (For full text of Resolution, see Resolution Book No. 59, page 187.) Mr. Parrott moved the adoption of Resolution No. 33169-102396. The motion was seconded by Mr. White. Mr. Trout expreesed concem that no business plan was prepared for Council's consideration, which, in effect, would give the Roanoke Valley Resource Authority a blank check. The Mayor referred to a communication from John D. Walrond, 1901 Shenandoah Avenue, N. W., also signed by 25 other persons, advising that it is bad policy to allow public dollars to subsidize the Roanoke Valley Resource Authority engaging in the business of commercial waste collection; the risk of tax revenue loss to the City of Roanoke ia great because the competitive private sector provides a substantial tax base for the region that cannot afford to be lost; and the proposal is anti-business and anti-taxpayer. Without objection by Council, the Mayor requested that the communication be made a part of the record. Mr. White called for the question. Yhe motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, White and Wyatt 4. NAYS: Council Member Trout and Mayor Bowara. (Council Member Harris was absent.) 465 ACTION: Rssolution No. 33169-t02396 was adopted by the following vote: AYES: Council Members Parrott, Swain, White and Wyatt 4. NAYS: Council Member Trout and Mayor Bowers (Council Member Harris was abeenL) HOTEL ROANOKE CONFERENCE CENTER-CONVENTION AND VISITORS BUREAU-TOURISM-ECONOMIC DEVELOPMENT: Council at its regular meeting on Monday, October 7, 1996, having deferred action on a report of the City Manager in connection with funding for the Roanoke Valley Convention & Visitors Bureau (RVCVB), the matter was again before the body. The City Manager recommended that Council authorize payment of $500,000.00 to the RVCVB and further authorize execution of an agreement for a term of one year for the express purpose of increasing tourism and assisting in the marketing of The Conference Center of Roanoke. Mr. Trout offered the following resolution: (#33170-102396) 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. 59, page 193.) Mr. Trout moved the adoption of Rssolut~on No. 33170-102396. The motion was seconded by Mr. Swain. The Mayor advised that Council previously deferred action on the report to provide him with an opportunity to express his concerns; whereupon, he stated that he discussed the matter with Barbara S. Poff, President, Roanoke Valley Convention & Visitors Bureau (CVB), and he was assured that the CVB is reorganizing itself following the resignation of the former Executive Director, and the organization is in the process of hiring a new Executive Director. He expressed concern that tourism should continue to be promoted as an important part of Roanoke's economic development package, and noted that Roanoke cannot successfully compete if it maintains the same funding level as 466 in the past two yoare. He also expressed concern that Roanoke City has provided more funds for.tourism, while other jurisdictions in the Roanoke Valley have not prov,ded the, r fair share, and the Convention &Vis. itore Bureau is attempting to respond to that concern. He explained that Roanoke City provides 73 per cent of the funds devoted to tourism. Barbara S. Poff, President, Roanoke Valley Convention and Visitors Bureau, advised that when the new Executive Director is hired, a business plan will be prepared which will focus on necessary funding issues and yearly totals to reach the level of funding that Roanoke needs to attain in order to be competitive in the tourism market. Resolution No. 33170-102396 was adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt and Mayor Boware 6. NAYS: None (Council Member Harris was absent.) Mr. White requested that the City be provided with a report on minority/African-American participation relative to employees, expenditures, consultants and levels of responsibility. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: COUNCIL: Mr. Trout offered the following resolution reecheduling the time and place of commencement of the regular meeting of City Council from 12:30 p.m., Monday, November 4, 1996, to 12:00 noon, Monday, November 4, 1996, at Campbell Court, 17 Campbell Avenue, S. W., with the 2:00 p.m. session on the same date to be held in the City Council Chamber, 215 Church Avenue, S. W.: (#33171-102396) A RESOLUTION changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:30 p.m., on Monday, November 4, 1996. (For full text of Resolution, see Resolution Book No. 59, page 193.) 467 ACTION: Mr. Trout moved the adoption of Resolution No. 33171-102396. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Pawott, Swein, Trout, White, Wyatt and Mayor Bowers .... (~. NAYS: None 0. (Council Member Harris wes absent.) MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. At 6:05 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Wednesday, October 23, 1996, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the City Council Chamber, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding: PRESENT: Council Members John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers 6. ABSENT: Council Member C. Nelson Harris 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 reconvened meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United Slates of America was led by Boy Scout Troop No. 129. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. 468 STREETS AND. ALLEYS: Pursuant to Resolution No. 25523 adopted by the Councd on Monday, AnHI 6 1981 '~'- ":"- '~' .... · r , , u.= ~.l~j' ~..I~I'K IlavIng advertised a public hssnng for Wednesday, October 23, 1996, at 7:00 p.m., or as soon the..rsa, f~. r as the matter may be heard, o.n the requ.sst of George E. and V, rg,n,a M. Sweeney that a ten foot wde alley ly,ng _b_etw_ss~ ~.Offlc?.l Tax Nos. 3020924 and 3020925, extending in a ,urmeny o:rscaon ~rom ~uneet Street to Archbold Avenue, N. E., be permanently vacated, discontinued and closed, subject to conditions proffered by the petitioner, the matter was before the body. ~erds_em. ent of the public hearing was published in The on ~nday, October 4, 1996. and I=rid=v n~*,,~,~. 44 1996, and in the ~ on Thursday, (~c'to"l~e-; ~10'~'~*9~96"~'a'n~ Thursday, October t7, 1996. (Sss publisher's affidavits on file in the City Clerk's Office.) A. rs_port .of the C. ity Planning Commission advising that the alley requss ..m. for c,osurs m a platted but undeveloped public right-of-way; the appl,cant owns a. II of the properties abutlJng both sides of th.e. alley; and th.e., alley is ~tuated. on steep .and sloping, terrain, w,th .the p.robab,h~ of the C,ty need,ng or opemng the alley ,n the future be,ng h~ghly unl,kely, was before Council. The Planning Commission recommended approval of the request to close the alley, subject to the following conditions: The applicant shall submit a subdivis!on plat to the City for review and approval, and recordation in the Office of the Clerk of Circuit Court, providing for the following: Disposition of the land within the right-of-way to be vacated in a manner consistent with the requirements of Chapter 31, Code of the City of Roanoke (1979), as amended. Retention of appropriate easements together with a right of passage over same for surface and subsurface construction and repair of any and all utilities that may be Iocal~l in the vacated right-of-way. 469 ACTION: If the subject plat of subdivision is not approved and recorded by the applicant within a period of six months from the date of edoption of ordinance providing for the closure, 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.) Jeffrey L Dorsey, Attorney, appeared before Council in support of the request of his client. Mr. Trout moved that the following ordinance be placed upon its first reading: (~33172) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, aa are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 59, page 194. The motion was seconded by Mr. Swain. The Mayor inquired if thers were persons present who would like to address Council with regard to the request. There being none, Ordinance No. 33172 was adopted on its first reading by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 6. NAYS: None 0. (Council Member Harris was absenL) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Wednesday, October 23, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Michael A. Wells that the previous proffered conditions approved pursuant to Ordinance No. 32294-121994 adopted by the Council of the City of Roanoke on Monday, December 19, 1994, for property identified as Official Tax No. 2761409, located at the comer of Virginia Avenue and Wsateide Boulevard, N. W., be amended; and that a 0.5-acre tract 470 of land located at the rear of property identified as Official Tax No. 2761421 and fronting on Virginia Avenue, N. W., be rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal adve~ssment of the public hearing was published in The ~ on Friday, October 4, 1996, and Friday, October 11, t996, and in the ~ on Thursday, October t0, 1996, and Thursday, October 17, t996. (See publisher's affidavits 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 expansion of an existing automobile cleaning facility currently located in an existing garage at the rear of Official Tax No. 2761409, and to eliminate several proffered conditions limiting the size of the business and the amount of signege permitted on the property, was before Council. · It was further advised that the original petition to rezone the rear portion of the pro .p~.rty identified as Official Tax No. 2761409 was appr. o.~ed by Counc,I on December 12, 1994, subject to the following conamone: Use of the subject property to be rezoned shall be an automobile cleaning facility in the existing garage. Signage will be restricted to a single wall sign, not to exceed 20 square feet, to be located on the front of the existing garage facing Westeide Boulevard. It was explained that a petition to amend existing proffered conditions and to rezone the rear portion of property identified as Official Tax No. 2761421 ..w. as filed on March 7, 1996, with the following amended proffered conditions: The property will be developed in substantial conformity with the site plan prepared for Michael A. Wells, dated September 24, 1990, a copy of which is attached to the Petition for Rezoning as Exhibit "2", subject to any changes required by the City during the site plan review. 471 ACTION: If no building permit has bccn issued and no construction has commenced within three years from the date of final zoning approval, the zoning shall revert to RS-3, Residential Single Family District, without fuf;;,er action by Council. Use of the subject property to be rezoned shall be an automobile cleaning facility. Amended proffered conditions eliminate the existing ree~ction limiting the automobile cleaning facility to the existing garage located on the rear portion of the property identified as Official Tax No. 2761409 and the restriction limiting signsge to a single wall sign not to exceed 20 square feel The City Planning Commission recommended denial of the request, and advised that expansion of the existing business does not represent good land use planning and could have a detrimental impact on the residential portion of the neighborhood. Noting the success of the existing operation, the Planning Commission further recommended that the petitioner consider relocating the business to an area of the City already zoned for commercial purposes. (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 to amend Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 276, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned C-2, General Commercial District, in conjunction with the rezoning of certain adjacent property within the City, subject to certain conditions proffered by the applicant." The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the matter; whereupon, Edward A. Natt, Attomey, representing the petitioner, appeared before Council in 472 support of the request of his client. He advised that several years ago, Council granted a request to rezone a parcel of land at the rear of his client's property for the purpose of operating a car wash; however, his client is in the nccd of a larger facility in order to service trucks, vans, etc., which have a higher roof line than a regular vehicle. Therefore, he added that Mr. Wells has submitted an application to rezone a parcel of land which is contiguous to the parcel that was previously rezoned which would enable the existing structure to be razed and replaced by a two-bay garage on the same property. He stated that the property is contiguous to C-2 zoned property on Melrose Avenue and presented photographs of surrounding business esteblishmente. He explained that the City Planning Commission based certain of its findings on the fact that Mr. Wells' proposal constitutes over expansion and he should look elsewhere for a facility; however, he explained that Mr. Wells has tried to locate other sites in the Williamson Road area, and rental rates are between $1,300.00 - $2,000.00 per month which he cannot afford. Mr. NaR reviewed proposed proffers for rezoning and asked that Council approve the request of his client. (See proffers on file in the City Clerk's Office.) Ms. Betty B. McCormick, 3826 Virginia Avenue, N. W., expressed concern that the proposed two-bay garage will be too close to Westeide Boulevard which will lead to traffic accidents and traffic congestion. She complained about noise from Mr. Wells' establishment, and requested that Council deny the petition. Mr. David H. Mitchell, 3910 Virginia Avenue, N. W., addressed Council in opposition to the request. He stated that his property is next door to Mr. Wells, that the bank between their properties consists of loose shale for approximately five feet, and not only will Mr. Wells experience problems if he excavates the bank, but problems will be created on his side of the property line as well. He added that another car wash facility is not needed in the area, that current businesses on Melrose Avenue benefit the general consumer, but Mr. Wells' business will not be of benefit to the entire community. The Mayor requested that a communication from Fairview United Methodist Church in support of the City Planning Commission's recommendation to deny the request be made a part of the record. (For full text, see communication on file in the City Clerk's Office.) 473 The Reverend ChaHss T. Green, 1731 Hanover Avenue, N. W., spoke in support of the request of Mr. Wells. He advised that Mr. Wells is the only black business owner in the area; however, he is not want~J in the community. He stated that he could see no reason why Mr. Wells should not be given the opportunity to expand his business to a two- bay garage, which will help him to provide a better life for his family and offer employment to others in nccd of a job. Mr. White requested that the record reflect that the City Planning Commission voted to deny the request on two occasions. He expressed concern with regard to revereing a decision of the City Planning Commission which is composed of individuals who ara knowledgeable about real estate issues and zoning, etc., and represents all segments of the community. Following discussion, the ordinance was lost by the following vote: AYES: Council Members Parrott, Swain and Mayor Bowers 3. NAYS: Council Members Trout, White and Wyatt (Council Member Harris was absent.) Later during the meeting, Mr. Wells expressed concern with regard to Council's vote to deny his request. He advised that the City Planning Department assisted him in preparing his original petition for rezoning, and he felt that he was misled by staff. He stated that he is a black man who is trying to made a living for his family, and he intended to pursue the issue of amending the proffered conditions to the rezoning to enable construction of a two-bay garage. In response to Mr. Wells' remarks, Carolyn H. Coles, Chair, City Planning Commission, advised that Mr. Wells indicated to the City Planning Commission when he submitted his initial request that he intended to engage in a small business in a detached garage at the rear of his property, therefore, the Planning Commission voted in favor of a conditional rezoning for a single car garage. She explained that the City Planning Commission chose to show concern for not only Mr. Wells by helping him to become a young business entrepreneur, but for the entire community, and the issue of race was never a consideration on the part of the Planning Commission. 474 OTHER HEARINGS OF CITIZENS: COMPLAiNTS.COUNCIL-HOUSING/AUTHORITY-TOTAL ACTION AGAINST POVERTY-ROANOKE NEIGHBORHOOD PARTNERSHIP- HENRY STREET REVIVAL COMMITTEE: Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that the urban renewal policy of past and present City offi.ciale has tom apart the bl..ack comm. unity through construc~on of h,ghways and barren land, w,th no services for senior citizens and others. She referred specifically to urban renewal in northeast Roanoke, and advised that officials from across the United States have realized past mistakes in regard to urban renewal, they have apologized to citizens, and they .are attempting. .to ro.c..onstruct. inner-city neighborhoods. However, she stetod that me ci=zens oT Roanoke have not rec. eived an apology ?.om the Roanoke Redevel.o. pment and Housing Authority, Total Action Against Poverty, or the C,ty of Roanoke for the role they played in the destruction of northeast Roanoke neighborhoods. She also expressed concern that no member of Council or the City Manager responded to Ms. Vemice Law's concemslqusstions which were expressed at the 2:00 p.m. session of Council with regard to forgiving the $212,000.00 loan to Total Action Against Poverty for asbestos abatement in the Henry Street Music Center. COMPLAiNTS.CELEBRATIONS-NEWSPAPERS-ROANOKE NEIGHBORHOOD PARTNERSHIP: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., expressed concern that decisions affecting the black community are based upon private meetings (not executive sessions of Council) with individuals who do not express their opinions in public forums and do not live in the black community. Ms. Bethel further advised that on September 16, 1996, she presented information to Counci! with regard to a joint communic.a~on from the City's Public Information Officer and the Cable Televls,on Government Access Director in connection with an aCdcle written by Mary Hamlin, which appeared in the August 15, 1996 edition of the ~ regarding the Ali-America City presentation. She reiterated her September 16 remarks to Council that an apology should be extended by the City Manager to the members of the black community and to Claudia Whitworth, Editor and Publisher of the 475 ACTION: Ms. Bethel also expressed concem that it ia perceived that citizens from the black community are not heard when they voice their opinions at public hearings. SEGREGATION/INTEGRATION-COMPLAINTS-ECONOMIC DEVELOPMENT: Ms. E. Joanette Mann$, 1826 Tenth Street, N. W., addressed Council with regard to race relations in Roanoke, and expressed concem that Roanoke ia segregated because Roanoke does not want to recognize that it has a race problem. She advised that individuals dealing with people of other races should receive sensitivity training. She stated that Roanoke has an economic problem, and it is the perception that black citizens are not heard at public meetings. COUNCIL-EMERGENCY SERVICES: Council having continued the 12:30 p.m. briefing on the Emergency Operations Plan, the Mayor called upon Vice-Mayor Wyatt for questions; whereupon, she advised that her questions could be answered at the November 4, 1996, City Council meeting when the Emergency Operations Plan will be submitted to Council for consideration. COUNCIL: Council Member White called attention to the need to adjust the regular meeting schedule of City Council, and requested that the Mayor confer with Council Members to reach a consensus regarding the need for additional meetings. BUDGET-COUNCIL-GREENWAY SYSTEM: Council Member White requested the following information on greenways: What is the City's commitment? What is the City committed to fund? How much funding should be earmarked and the source of funds? Without objection by Council, the Mayor advised that the request for information will be referred to the City Manager for appropriate rssponse. CMERP-SIDEWALK, CURB AND GUTTER: Council Member White requested that Council be provided with a briefing on the Sidewalk, Curb and Gutter 50150 Program. 476 ACTION: ACTION: VIRGINIA MUNICIPAL LEAGUE-ACTS OF ACKNOWt. EDGEMENT: The City of Roanoke having served as host to the 1996 Annual Conference of the Virginia Municipal League, Vice-Mayor Wyatt and Council Member White commended the City Manager and City staff on planning efforts which reeulted in an outstanding Host City Night on Monday, October 21, 1996. ROANOKE CITY BOXING ASSOCIATION-VIRGINIA TRANSPORTATION MUSEUM-HARRISON HERITAGE CENTER -PARKS AND RECREATION-TAXES: Vice-Mayor Wyatt referred to the "Ruby the Tiger Rescue Project" at the Mill Mountain Zoo, and requested that the City Manager work with the Executive Director of the Mill Mountain Zoo and the Commissioner of the Revenue with regard to including a check- off box on the City's personal property tax form and the real estate tax form whereby citizens may donate additional funds that would be earmarked for the "Ruby the Tiger Rescue Project." In a discussion of the matter, Members of Council listed other worthy programs such as Center In The Square, Roanoke City Boxing Association, Virginia Museum of Transportation and the Harrison Museum of African-American Culture, etc. Without objection by Council, the Mayor advised that the matter would be refewed to the City Manager for report to Council At 8:50 p.m., the Mayor declared the meeting in recess. At 9:15 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in 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 wes seconded by Mr. Parrott and adopted by the following vote: 477 ACTION: ACTION: AYES: Council Members Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 6. NAYS: None 0. (Council Member Harris was absent.) COMMII-rEES-FIFTH PLANNING DiSTRiCT COMMISSION: The Mayor advised that there is a vacancy on the Roanoke Valley Area Metropolitan Planning Organization and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Carroll E. Swain. There being no further nominations, Mr. Swain was elected as a member of the Roanoke Valley Area Metropolitan Planning Organization, for a term ending June 30, 1999, by the following vote: FOR MR. SWAIN: Council Members Parrot/, Swain, Trout, Whita, Wyatt and Mayor Bowers 6. (Council Member Harris was absenL) OATHS OF OFFICE-COMMITTEES-ARCHITECTURAL REVIEW BOARD: The Mayor advised that there is a vacancy on the Architectural Review Board created by expiration of the te[m of office of Timothy L. Jamison, and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of David L Bandy. There being no further nominations, Mr. Bandy was elected as a member of the Architactural Review Board, for a term ending October 1, 2000, by the following vote: FOR MR. BANDY: Council Members Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 6. (Council Member Harris was absent.) 478 ACTION: ACTION: ACTION: Inasmuch as Mr. Bandy is not a resident of the City of Roanoke, Mr. Parrott 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. Swain and adopted. BUILDINGS/BUILDING DEPARTMENT-COMMITTEES: The Mayor called attention to the need to appoint an additional alternate member to serve on the Building Code Appeals Board, Volume I (Building Construction Division), and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of John Dreiling. There being no further nominations, Mr. Dreiling was elected as an alternate member of the Building Code Appeals Board, Volume I (Building Construction Division), by the following vote: FOR MR. DREILING: Council Members Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 6. (Council Member Harris was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER: The Mayor advised that the three-year term of office of Vernon M. Danielsen as a member of the Roanoke Civic Center Commission expired on September 30, 1996, and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Vernon M. Danielssn. There being no fu~[her nominations, Mr. Danielsen was reelected as a member of the Roanoke Civic Center Commission, for a term ending September 30, 1999, by the following vote: FOR MR. DANIELSEN: Council Members Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 6. (Council Member Harris was absent.) 479 There being no further business, the Mayor declared the meeting adjoumed at 9:15 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 480 ROANOKE CITY COUNCIL -- ROANOKE COUNTY BOARD OF SUPERVISORS November 4, 1996 t2:00 noon A joint meeting of the Roanoke City Council and the Roanoke County Board of Supervisors was called to order on Monday, November 4, 1996, at 12:00 noon, at Campbell Court, 17 Campbell Avenue, S. W., Roanoke, Virginia, with Mayor David A. Bowers and Chairman Bob L. Johnson presiding. ROANOKE CITY COUNCIL MEMBERS PRESENT: C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., and Mayor David A. Bowers 6. ROANOKE CITY COUNCIL MEMBERS ABSENT: Vice-Mayor Linda F. Wyatt--1. ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Harry C. Nickens, Fenton F. Harrison, Jr., H. OdeI! Minnix and Chairman Bob L. Johnsoc ~. ROANOKE COUNTY BOARD OF SUPERVISORS ABSENT: Lee B. Eddy 1. ROANOKE CITY STAFF PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Aesistent City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Griaso, Director of Finance; Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; Willard N. Claytor, Director of Real Estate Valuation; Kit B. Kieer, Director of Utilities and Operations; and Deborah J. Moses, Aesistent to the City Manager for Special Projects. ROANOKE COUNTY STAFF PRESENT: Elmer C. Hodge, County Administrator; John M. Chamblies, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Paul M. Mahoney, County Attorney; Ann Marie Green, Pubtic Information Officer; and Mary H. Allen, Clerk to the Board of Supervisors. OTHERS PRESENT: Senator John S. Edwards; Bittle W. Porterfield, III, Roanoke City's Representative to the Metropolitan Transportation District Study Committee; M. Caldwell Butier, Roanoke County's Representative to the Metropolitan Transportation District Study Committee; Stephen A. Mancuso, General Manager, Valley Metro; and Kathryn V. Weikel, Assistant General Manager, Valley Metro. The meeting was opened with a prayer by Mayor Bowers. '1 481 Following lunch, the business session convened at 12:40 p.m. CENTER FOR HIGHER EDUCATION: Senator John S. Edwards advised that since early 1992-93, Norfolk Southem has not occupied the buildings located across from The Hotel Roanoke & Conference Center on North Jefferson Street, Norfolk Southern has indicated publicly that it would like to donate the property to the City for public utilization, and a great deal of consideration has been given to development of the property by the City. He pointed out that the Virginia Tech Architectural School has concluded that the buildings should be preserved; the Virginia Preservation Society held a charette last year to review conceptual ideas and concluded that the building should be preserved and a higher education center would be an ideal use; and the City of Roanoke, as well as the downtown business community, has an interest in seeing that the property is utilized. Senator Edwards called attention to meetings which have been held with the officials of Virginia Western Community College and City officials relative to Virginia Western becoming part of a group that would build a higher education center in the NS buildings due to program expansion needs, and additional space is needed for the Graduate Center Program which is currently housed on the first floor of the Church Avenue Parking Garage. He added that Virginia Tech has expressed an interest in transferring certain of its programs to the Roanoke Valley, and Radford University has indicated an in,rest in expanding its presence in the Roanoke Valley as well. Senator Edwards advised that during the 1996 Session of the General Assembly, $212,000.00 was appropriated as seed money to determine if the buildings could be rehabilitated into a higher education center, and Motley & Associates was employed to prepared the report, with a preliminary report expected to be completed by the end of November t996. He explained that the higher education center would not be a traditional residential college, but a series of cooparat~ve programs of various institutions tailored to the needs of the community which could encompass Virginia Western Community College Center for Business and Technology, Virginia Wsstern's Two Plus Two Programs which are expanding, cooperation with Radford University and Old Dominion University, Mary Baldwin College, Averett College, the Roanoke Valley Graduate Center, and selected programs from Virginia Polytechnic Institute and State University, and others. In conclusion, Senator Edwards advised that it is time for the Roanoke Valley to consider expanding its offerings; a higher education center would preserve the Norfolk Southern building; and the facility would benefit The Hotel Roanoke & Conference Center, the Henry Street project, the downtown area, and the region as a whole. He encouraged Roanoke City and Roanoke County to jointly endorse the project. 482 Following presentation of a video at the end of the meeting, Mayor Bowers advised that the Higher Education Center will be a major undertaking which will benefit the citizens of the Roanoke Valley, and the City would request that Roanoke County be a partner i~ the venture. Chairmen Johnson advised that Roanoke County would be agreeable to appointing a representative to serve on a study committee; whereupon, the Mayor requested that Mr. Herbert contact Mr. Hodge to discuss specifics of appointing a task force or study committee. SEWERS AND STORM DRAINS-WATER RESOURCES-CONSULTANTS REPORTS.FLOOD REDUCTION/CONTROL: George W. Simpson, III, Assistant Director of Engineering and Inspections, County of Roanoke, presented a brochure on the Roanoke Valley Regional Stormwatar Management Plan. Edward G. Beadenkopf, Project Manager, Dewberry and Davis, presented a briefing on the Stormwater Management Plan, and explained that scheduled for completion in September 1996, the project will provide the following: Enhance the 1993 FEMA Flood Insurance Study add detail to make it a component ora long range planning tool; develop rainfall-runoff models calibrated to recent flood warning station participation records and capable of projecting year 2020 land use conditions; add detail to 112 miles of FIS HEC-2 modeling including cross sections and recalibration; and improve accuracy of topography used in the FIS. Develop specific projects on a multi-jurisdictional basis that are cost beneficial and psrmitable which will reduce existing flooding problems. Develop specific projects and policies that are multi-jurisdictional to minimize future damages due to planned development. Develop implementation practices including policies, ordinances and guidelines for funding methods to construct identified projects. 483 ¸il Provide training on model uses as well as all date in a digitel format for future use and enhancement by the local government or a Regional Authori~. Mr. Beadenkopf advised that the projects include the detailed study of 16 priority watersheds covering over 365 square miles of area which were selected due to the extent of existing flooding problems and the potential for future additional flooding; deteiled engineering will be an aid in the development of hydrologic computer models used to reproduce historic floods and estimate future potential floodplain areas; the engineering study will cover each watershed to its origins, including areas in Botetourt County; watershed plans will be prepared for each priority watershed to identify future projects that will lessen existing problems and/or minimize future increases in flooding; such measures include culvert/bridge improvements, channel stabilization, and stormwater/flood control projects; and remedial action plans will be developed for several critical watorshods to identify projects that can immediately reduce flooding. It was further advised that detailed hydraulic modeling will be conducted on 27 streams covering over 112 linear miles; and the modeling will be used to estimate existing and future flood elevations and floodplain boundaries and to evaluate the cost effectiveness of recommended improvements. I Mr. Beadenkopf explained that the project will be divided into six phases: Phase A: Development of Watershed Plans Phase B: Remedial Action Plans Phase C: Water Quality Phase D: Development of Guidelines Phase E: Environmentel Permi~ng Phase F: Implementetion Deteiled studies will lead to specific recommended projects that, when constructed, will either eliminate or greatiy reduce repetitive flood losses; and the projects will involve both non-structural measures such as greenways and floodproofing and structural measures such as stream crossing modifications and strategically located flood control facilities. 484 In conclusion, Mr. Beadenkopf advised that the key components of the Roanoke Valley Regional Stormwatsr Management Plan Implementation Phase will include the following: Train local government stslTs to use the developed engineering modela; Development of regional or integrated ordinances, policies, guidelines, and practices; Identification of potential funding and financing methods; and Public participation and involvement. The implementation plan will be developed under the direction of the technical subcommittee along with public involvement; and upon completion of the Roanoke Valley Stormwatsr Management Plan, the local governments and the Fifth Planning District Commission will have additional tools to continue the process of working together to address Roanoke Valley flooding problems. BUSES-TAXES: The Mayor advised that two members of the Metropolitan Transportation District Study Committee were present: Bittie W. Porterfield, III (Roanoke City's representative) and M. Caldwell Butler (Roanoke County's representative). Mr. Mancueo advised that the Metropolitan Transportation District Study Committee has met on two occasions, the first meeting was an organizational meeting to provide education regarding the issues, and the second meeting focused on a presentation before a group of the Roanoke Valley Business Council. He called attention to a study commission which is working on a State-wide basis to review the larger picture of transportation; the Roanoke Valley Chamber of Commerce is looking at the issue of transportation in a broad sense, and it appears logical that the next step of the Metropolitan Transportation District Study Committee will be to work more closely with the Chamber of Commerce to exchange ideas; and it is anticipated that in the fall of 1997, solutions will be recommended to deal with issues to be considered by the 1998 Session of the General Assembly. BUSES-CAMPBELL COURT PARKING GARAGE: Mayor Bowers presented a brief history on the Campbell Court Intermodel Transportation Center which was constructed for $3.6 million under Federal Transit Funds, City funds and Urban Development Action Grant (UDAG) funds. He stated that five organizations are housed in the facility, viz: Valley Metro (300 bus trips in and out of the facility five 485 days a week), Greyhound Bu~. Terminal, 105 parking spaces, s taxi stand, and rstail and office space. He adv,ssd that Court Campbell has provided mixed use development for downtown Rosnoke snd hes proven to be s succa~ful venture. LOW BAND RADIO SYSTEM-ECONOMIC DEVELOPMENT-TOURISM: Mayor Bowers advised that at the last meeting of the two governing bodies, Mr. Herbert was requested to meet with representatives of the Virginia Depa,;,,,ent of Transportation to discuss the matter of s Iow band tourist radio system on the Blue Ridge Parkway; whereupon, the Mayor noted that a meeting will be held in the near future and requested that the matter be carried over until the next quarterly meeting of Roanoke City and Roanoke County. HABITAT FOR HUMANITY: Mayor Bowers stated that Mr. Hedge has advised that Roanoke County will have a stetement with regard to Habitat for Humanity at the next meeting, and requested that the matter be carried over until the next quarterly meeting. ANIMALS/INSECTS-ZONING: Mayor Bowers advised that on August 19, 1996, the Roanoke Valley Society for the Prevention of Cruelty to Animals requested that Roanoke City Council rezone a parcel of land on Route 460 East to provide for enlargement of the facility; however, the request for rezoning was denied. He called I attention to the need for a.n. improved animal control facility and requested that Roanoke County, along ~nth Roanoke City, contact the SPCA to inquire about cooperative efforts to address their needs. WATER RESOURCES-SEWERS AND STORM DRAINS: Mr. Kiser advised that in November 1994, the Cities of Roanoke and Salem, the Counties of Roanoke and Botetourt, and the Town of Vinton entered into an agreement to expand the Sewage Treatment Plant. He presented the following information on wastewater system expansion estimated coats for the five localities: WASTEWATER SYSTEM EXPANSION Roanoke River Interceptor Tinker Creek Interceptor Treatment Plan Expansion $23,542,247.00 6,276,409.00 19.063.000.00 $48,880,656.00 486 RRI 36.7% TCI 45.9% TPE 37.3% $8,640,004.65 2,880,412.73 7.110.499.00 $18,630,9t6.38 Salem RRI 33.7% $ 7,933,734.34 TCI 0.0% 0 TPE 20.9% 3.984.167.50 $t 1,917,904.24 29.6% $6,968,505.11 32.9% 2,064,609.56 29.2% 5.566.396.00 $14,599,510.67 Vinton 0.0% $ 0 1.1% 69,029.50 5.6% ~ $1,136,557.50 FLOWS RRI 0.0% $ 0 Roanoke City 15.83 28.34 TCI 20.1% 1,261,357.21 Roanoke Co. 9.00 15.20 TPE 7.0% 1,334.410.00 Salem 6.65 1t.42 Vinton 1.62 3.03 2,595,767.21 Botetourt Co. 1.90 4.01 W',th the concurrence of the two governing bodies, Mayor Bowers requested that the following agenda items be referred to the next quarterly meeting: Roanoke Valley Society for the Prevention of Cruelty to Animals Statue report on the Wsstewater Treatment Plant Habitat for Humanity in the Roanoke Valley Low Band Tourist Radio System AIRPORT: Chairman Johnson advised that he was recently contacted by news media from the City of Lynchburg, and he was informed that Bedford and Lynchburg ars discussing the possibility of reopening the regional airport study. He stated that regionally, the localities should be careful if discussions are reinstated. He added that Roanoke County is proud of the Roanoke airport facility and the regional effort which led to the success of the project. · · 487 . Mayor Bowers requssted that the City Manager consult with Roanoke Regional Airport officials aa to their poaition. There being no further business, the Mayor declared the Roanoke City Council meeting in recess at 1:35 p.m., to be reconvened in the City Council Chamber, 215 Church Avenue, S. W., Roanoke, Virginia, at 2:00 p.m. At 2:00 p.m., the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Membera in attendance, Mayor Bowers presiding: PRESENT: Council Members CarToll E. Swain, James O. Trout, William White, Sr., C. Nelson Harris, John H. Parrott and Mayor David A. Bowers ABSENT: Vice-Mayor Linda F. Wyatt 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. I The reconvened meeting was opened with a prayer by The Reverend Kenneth B. Wright, Pastor, First Baptist Church, N. Jefferson Street. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. CITY EMPLOYEES-ACTS OF ACKNOWLEDGEMENT: The Mayor commended George C. Snead, Jr., Director, Public Safety, upon being named as President of the Local Chapter, National Conference of Christians and Jews. 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 mattera with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. 488 ACTION: ACTION: MINUTES: Minutes of the regular meetings of Council held on Monday, August 5, 1996, and Monday, August t9, 1996, ware before the body. (For full text, see Minutes on file in the City Clerk's Office.) Mr. White moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, INhite, Harris, Parrott and Mayor Bowars 6. NAYS: None (Vice-Mayor Wyatt was absent.) COMMITI'EES-COUNCIL: A communication from Mayor David A. Bowars requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (t950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the Mayor to meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.t-344 (A)(1), Code of Virginia (t950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowars 6. NAYS: None (Vice-Mayor Wyatt was absenL) 489 ACTION: BUDGET-CITY EMPLOYEES: The City Manager submitted a written report advising that pemonnel lapse is genemtad due to employee tomover and vacancies in City departments; salary savings of $815,000.00 are projected as a result of vacancies in the current fiscal year; and the following figures represent the status of Personnel Lapse for Fiscal Year 1996-97 as of September 30, 1996: General Fund Total Budgeted Personnel Lapse ($815,000.00) First Quarter Pemonnel Lapse Generated July $105,236.00 August 134,246.00 September 1:)6.084.00 $375.566.00 Less Revenue Adjustment (56.756.00) Net First Quarter Reduction $318.810.00 Personnel Lapse Balance Remaining After First Quarter ($496.190.00) (For full text, see report on file in the City Clerk's Office.) Mr. White moved that the report be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, Whita, Harris, Parrott and Mayor Bowara 6. NAYS: Nono O. (Vice-Mayor Wyatt was absent.) TRAFFIC-COMPLAINTS-STREETS AND ALLEYS: A report of the City Manager advising that a petition signed by 31 persons requesting installation of a stop sign on Mason Mill Road at 13th Street, N. E., was presented to Council at its regular meeting on Monday, October 7, t996, and the matter was referred to the City Manager for investigation and report to Council within 30 days, was before the body. 490 ACTION: It was further edvissd thet the study end response to the request is still being developed; within the pest four weeks, the Traffic Engineering Division has collected traffic count information at the abovedescribed intoreection, added speed limit signage, and reviewed the reported eccident history of the intersection; · traffic study is currently reviewing the potentiel for excavation of an embankment edjecent to the intoreection to improve sight distance; and a complete response will be provided to Council within the next 30 deys. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that the report be received and filed. The motion was seconded by Mr. Swain end edopted by the following vote: AYES: Council Members Swain, Trout, White, Herris, Parrott and Meyor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt was absent.) BUDGET-BONDSIBON.D ISSUES-CAPITAL IMPROVEMENTS PROGRAM~.CHOOLS: A jo,nt report of the ..City Maneger and the Director of F~nance edvising that et the Counc,I meeting on Tuesdey, September 3, 1996, a communication from Mareha W. Ellison, Chairperson, Roenoke City School Boerd, was presented with regard to the timeframe for the next capital bond referendum; and the matter was referred to the City Meneger and the Director of Finence for the purpose of discussing other funding options and to present a follow-up report to Council and the School Board, was before the body. The City Meneger and the Director of Finence further advised that they met with Dr. E. Weyne Herris, School Superintendent, on September 25, 1996, to discuss the matter and agreed to recommend to Council end the School Board that the City end School Administration will shere the debt service on a $2.5 million Virginie Public School Authority (VPSA) Bond Issue, subject to approval by the School Board end City Council, which will provide an interim solution to funding deficiencies relatm] to the Wilson Middle School Renovation Project, and will address timing concerns until the entire Five-Yeer Capital Improvement Program for the City is developed with affordable finencing alternatives. 491 It was pointed out that prior to final adoption of the Five-Year Capital Improvement Program, the School Administration and/or School Board may elect to assume all debt service of the entire $2.5 ACTION: million VPSA issue, or reduce its share of the general obligation bond issue by $1.25 million, an amount equal to the City's commitment for debt service in the VPSA issue; and this proposal provides a pe.,anent financing option if the t997 referendum ia unsuccessful. The City Manager and the Director of Finance recommended that Council concur in the report. (For full taxt, ae~ report on file in the City Clerk's Office.) Mr. White moved that Council concur in the report of the City Manager and the Director of Finance. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers 6. NAYS: Nono 0. (Vice-Mayor Wyatt was absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-POLICE DEPARTMENT-DRUGS/SUBSTANCE ABUSE- GRANTS: The City Manager submitted a written report advising that Congress amended 21 USC. Section 881 el-4, October 1986, which authorized transfer of certain Federally forfeited property to State and local law enforcement agencies that participated in the investigation 492 ACTION: and seizure of the property; and application for an equitable share of proeerty seized by local law en.f~..rcement must be made to the U. S. Dei~a,;,,:ent of Justice and certifi.e.d by the .City Attorney as to the appropriate agency and. reprasentative to receive the property and that the transfer is not prohibited by State and local laws. J ~-t the Police Depa,b~ent receives additio.nal t WiG Sxplalnuu funds periodically from ~e Fed.eral Government'..?, Asset Shaflng Program; action by Council is requ~ .md to a.c..cept addltio.nal ~nd.s__t~.._b~_ dispersed in accordance with provisions ottne program, ano ravu,ut~ are available for totalling. .$.86,.579.00 have been collected and appropriation ,n Grant Fund Account No. 035-035-1234-7184. The City Manager recom..mended that Council accept assets from the U. S. Department of Justice, Federal Forfeited Property Shanng Program, and apprep.n.'ate $86,579.00 to Grant Fun.d Account No. 035- 050-3304-2t50, Investigations and Rewsrds,_a_n_d. i_n.c_.reeLs..eo~th~e~7Gg.~)t' Fund Revenue Estimate, Account No. 035-035-1z;~4-~1~4, uy ~ou,u, . (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33173-110496) AN ORDINANCE to ame..nd and r~, _~_a.i,~d~neert~io~ sections of the 1996-97 Grant Fund Appropriaaons, ana pruwumu an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page t96.) Mr. Trout moved the adoption of Ordinance No. 33173-110496. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers NAYS: None -9. (Vice-Mayor Wyatt was absent.) 493 EME. R.GENCY SERVICES: The City Manager eubmitted a written report advmmg that Emergency Services and Disaster Virginia Title 44, Chapter 3.2, SocUons 44-146.19 - 44-156.21, outline the powers and duUes of political subdivisions with regard ~ delivery of emergency eervices; SecUon 2-126 of the Code of the City of Roanoke (1979), ae amended, idenUfles the City Manager ae Director of Emergency Services with the responsibility for carrying out the powers and duties; Emergency Operations Plane must be updated annually and readopted every five years by the local governing body in order te meet Federal regulations; and a current Emergency OperaUons Plan ie · prerequieite to Federal funds for emergency management programe. It wae explained that the City's Emergency Operations Plan hes been reviewed and updated by the Emergency Servicee Coordinator with the assistance of depef;,,,ent managers, agency heads and others who have responsibilities during emergencies; and Council wes briefed on October 23, 1996, relative to the Emergency Operations Plan and emergency management principles and functions. The City Manager recommended that Council adopt the Emergency Operations Plan and reaffirm the City's commitment to a i! comprehensive emergency management program. (For full text, eeo report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33174-110496) A RESOLUTION authorizing adoption of the Emergency Operations Plan for the City of Roanoke. (For full text of ResoluUon, see Reeolution Book No. 59, page 197.) ACTION: Mr. Trout moved the adoption of ResoluUon No. 33174-110496. The motion was eeconded by Mr. Harrie and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers. C. NAYS: Nons 0. (Vice-Mayor Wyatt was absenL) 494 BUDGET-HUMAN DEVELOPMENT-TOTAL ACTION AGAINST POVERTY-GRANTS: The City Manager submitted · written report advising that the Federal Government enacted the Family Preservation Act which allocates funds to State Government to allow localities to develop programs to strengthen family life; Roanoke City received a total of $75,636.00 for fiscal year 1996-97, ten per cent of which is required to be matched by local funds, and funds must be appropriated for fiscal year 1996-97. It was further advised that the Roanoke City Depe, b,,ent of Social Services and Roanoke City Schools developed a plan in the summer of 1996 to reduce truancy within the early grades, concentrating on kindergarten through second grade; building on feedback from school staff on the positive participation of children in the Summer School program, the Depa~'b~ent of Social Services proposes to continue truancy prevention efforts by in-home services to families whose children have excessive abeentesism; specifications were developed and Requests for Proposals were sent specifically to six vendors known to be able to provide proposed in-home services; and proposals were received from Family Services of Roanoke Valley, Lutheran Family Services and Total Action Against Poverty. The City Manager recommended that Council concur in the following actions: Authorize the City Manager to execute a contract with Total Action Against Poverty, in a form to be approved by the City Attorney, to provide in-home services to prevent truancy in Roanoke City Schools; Authorize the City Clerk to notify Family Services of Roanoke Valley and Lutheran Family Services of Virginia that they ware not selected to provide in-home services to prevent truancy; Transfer $7,563.00 from Contingency Fund Account No. 001-002-9410-2199 to Purchased Services Account No. 001-054-5314-3t60; and 495 Increase Revenue Eatimata of.funda received from the I! State Deparlment of Social Services Account No. 001-020- 1234-0683, in the amount of $68,073.00, and appropriate ACTION: $68,073.00 te Expenditure Account No. 001-0545314-3160. (For foil text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33175-110496) AN ORDINANCE to amend and reordain certain sec~ons of the 1996-97 General Fund Appropria~one, and providing for an emergency. (For foil text of Ordinance, see Ordinance Book No. 59, page 198.) Mr. Trout moved the adoption of Ordinance No. 33175-110496. The motion was seconded by Mr. White and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers ~. NAYS: Nono 0. (Vice-Mayor INyatt was abeenL) Mr. Trout offered the following resolution: (#33176-110496) A RESOLUTION authorizing execution of a contract with Total Action Against Poverty in Roanoke Valley for in- home family support services designed to prevent truancy in the Roanoke City Schools. (For foil text of Resolution, see Resolution Book No. 59, page 199.) Mr. Trout moved the adoption of Resolution No. 33176-1t0496. The motion was seconded by Mr. White and adopted by the following vote: 496 AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers NAYS: Nono O. (Vice-Mayor Wyatt was absent.) POLICE DEPARTMENT-GRANTS-CITY INFORMATION SYSTEMS: The City Manager submitted a written report advising that the City of Roanoke received information that the Department of Criminal Justice Services was administering a grant program for Criminal History Records System Improvements, consisting of a three-part grant package in which the City would qualify in two areas - Analysis of Criminal History Record Information Systems and Procurement of Incident-Based Reporting Systems; and a needs assessment was conducted to determine areas where the funds would best meet the needs of the City. It was further advised that availability of the grant is timely in that the Police Department and City Information Systems are currently involved in a technology update project which includes the two abovedescribed a.m. as; the Criminal History Records System under development would ~mprove records efficiency, and the Incident Based Reporting System is mandated by the State and must be developed and fully operational by the year 1999; the City would be eligible for a direct award of $65,000.00 with a local match of $28,750.00; and funds currently designated for the technology update project would be used for the local match if the grant ia approved. The City Manager recommended that Council adopt a measure authorizing the City to apply for the abovedescribed funds. (For full text, ass report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (~33177-110496) A RESOLUTION accepting a certain grant for criminal history records system improvements from the Commonwealth of Virginia's Depaw;,,ent of Criminal Justice Services and authorizing execution of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 59, page 200.) ! 497 ACTION: M.r. Trout moved the adoption of Resolution No. 33177-110496. The motion was aeconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, Wttite, Harris, Parrott and Mayor Bowers 6. NAYS: None Ge (Vice-Mayor Wyatt was absent.) DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of September t 996. (For full text, see Financial Report on file in the City Clerk's Office.) ACTION: Without objection by Council, the Mayor advised that the financial report would be received and filed. i . Council Member White inquired as to the amount of accumulated interest earnings on capital funds; whereupon, the Director of Finance advised that he would provide the requested informafion. Council Member Swain requested that the Director of Finance provide Council with City revenue adjustments at mid-year; whereupon, the Director of Finance advised that a more realistic figure could be provided after March 1. CITY ATTORNEY: BUDGET-COMMITTEES-LEGISLATION-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The City Attorney submitted a written report advising that by letter dated October 22, 1996, the Hotel Roanoke Conference Center Commission, by its counsel, requested City Council to support three amendments to Section 2t of the enabling Chapter 440 of the 1991 Acts of the General Assembly of the Commonwealth of Virginia (March 20, 199t), as follows: 498 (1.) The Comm..ission'e annu..al deadline for aubmitting its operating and cap,tel budgets to the two participating parties, Virginia Tech and the City of Roanoke, would be changed from February 15, to April I (Section 21.B). The purpose of the amendment is to allow for better fiscal coordination and planning among the Commission, City of Roanoke, and Virginia Tech. (2.) The term "Authority" would be changed to "Commission" (Section 21-B). The amendment corrects a misnomer in the original legislation where the term Authority was used instead of Commission. (3.) Section 21.G of the enabling legislation would be amended to provide that in contributing financially to the operation of the Conference Center, Virginia Tech would be able to use funds generated by any of its continuing education programs, rather than only funds fTOm educational programs Virginia Tech offera at the Center. The purpose of this proposed amendment would allow Virginia Tech more flexibility in selecting sources from which to draw fiscal support for the Conference Center. Inasmuch as the proposed amendments appear to be reasonable and in the nature of housekeeping amendments, the City Attomey pointed out that Council ehould support the requested amendments; whereupon, he transmitted the appropriate resolution. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (~33178-110496) A RESOLUTION supporting three legislative amendments to Section 21 of the Special Act of the General Assembly creating the Hotel Roanoke Conference Center Commission. (For full text of Resolution, see Resolution Book No. 59, page 201.) 499 ACTION: M.r. Parrott moved the adoption of Resolution No. 33178-110496. The motion was seconded by Mr. Swain and adopted by the following vo~: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers 6. NAYS: Nons. (Vice-Mayor Wyatt was abeent~) REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 33172 permanently vacating, discontinuing and closing a ten-foot wide alley lying between Official Tax Nos. 3020924 and 3020925, extending in a northerly direction from Sunset Street to .A. rchb. old Avenue, N. E., having I previously been before the Counc,I for ~te first rea.ding on M. onday, October 23, 1996, read and adopted on its first reed,ng and ia,d over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (~33172-110496) 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. 59, page 194.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33172-110496. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers.. .- NAYS: None (Vice-Mayor Wyatt was absenL) 500 ACTION: MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: COUNCIL-VISION STATEMENT: Council Member Harris inquired about the status of the vision statement rollout process; whereupon, Council Member White reported that it is proposed to accomplish the rollout piece within approximately 60 to 90 days. SEGREGATION/INTEGRATION-COMPLAINTS-COUNCIL-CITY EMPLOYEES: Council Member Swain called attention to the need for sensitivity training for City employees in dealing with the public and with each other. He spoke in support of strengthening the City's on- the-job training programs to enable the hiring of City residents when vacancies occur in City positions. COUNCIL: In connection with future City Council meetings and with the concurrence of Council, the Mayor advised that he would strictly abide by the five-minuts time limit for speakers wishing to address Council. Following discussion, the Mayor requested that the City Clerk provide those persons wishing to address Council with written rules of procedure. OTHER HEARINGS OF CITIZENS: None. At 2:50 p.m., the Mayor declared the meeting in recess. At 3:00 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 Vice-Mayor Wyatt. COUNCIL: W'lth respect to the Executive Session just concluded, Mr. Harris 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 ware heard, discussed or considered by City Council. The motion was seconded by Mr. Parrott and adopted by the following vote: 501 AYES: Council Membere Swain, Trout, White, Harris, Par~ott and Mayor Bowers ~. NAYS: None 0. (Vice-Mayor Wyatt was absent.) OATHS OF OFFICE-COMMITTEES-INDUSTRIES: The Mayor advised that the term of office of Samuel H. McGhee, III, as a Director of the Industrial Development Authority of the City of Roanoke expired on October 20, 1996, and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Samuel H. McGhee, Ill. There being no further nominations, Mr. McGhee was reelected as a Director of the Industrial Development Authority of the City of Roanoke, for a term ending October 20, 2000, by the following vote: ACTION: FOR MR. MCGHEE: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowere ...... 6. I (Vice-Mayor Wyatt was absent.) OATHS OF OFFICE-COMMII-I'EES-TRAFFIC: The Mayor advised that the terms of office of Stephen A. Mancuso, Troy M. White, and Harold S. Zimmerman as members of the City of Roanoke Transportation Safety Commission expired on October 31, 1996, and called for nominations to fill the vacancies. Mr. Parrott placed in nomination the names of Stephen A. Mancuso, Troy M. White, and Harold S. Zimmerman. Thore being no further nominations, Msssre. Mancuso, White and Zimmerman were reelected as members of the City of Roanoke Transportation Safety Commission, for terms ending October 3t, 2000, by the following vote: ACTION: FOR MESSRS. MANCUSO, WHITE AND ZIMMERMAN: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers 6. (Vice-Mayor Wyatt was absent.) 502 Thers being no further business, the Mayor declared the meeting adjoumed at 3:05 p.m. ~ APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 503 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL November 18, 1996 12:30 p.m. The Council of the City of Roanoke met in regular ssssion in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, November 18, 1996, at 12:30 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule t, ~ of Secl~on 2-15, ~ Code of the City of Roanoke (1979), as amended. PRESENT: Council Members James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain and Mayor David A. Bowers 7. ABSENT: None OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. ANNUAL REPORTS-FIFTH PLANNING DISTRICT COMMISSION: J. Lee E. Osborne, Chair, Fifth Planning District Commission, presented a briefing on activities of the Fifth Planning District Commission and the role of the City of Roanoke as a member of the organization. He reviewed primary functions of the Fifth Planning District Commission and highlighted various regional and local project efforts. (See statement on file in the City Clerk's Office.) G. Wayne Strickland, Executive Director, Fifth Plann!ng District Commission, advised that the organization has enjoyed a long relationship with the City of Roanoke over the years. He stated that the Fifth Planning District Commission has worked with City officials on water, sewer and stormwatar management issues, the Roanoke River Corridor Study, Mass Transportation Study, and economic development projects, and reviewed the following projects: Completed an update of the overall economic development plan for special impact area of Roanoke which includes northwest Roanoke as well as all of the major industrial parks in Roanoke. 504 Staff ia working with planners f~om Roanoke and other Roanoke Valley govemmenta on an o..pen space plan and protection study (the study will also look at ridgehne protection). Staff provides technical assistance tu the City's economic development staff, the Roanoke Valley of Virginia. Economic Development Partnership, the Roanoke Valley Convention & Visitors Bureau, and Downtown Roanoke, Incorporated. Staff' support for the Regional Steering Committee which is looking at the organizational e~ucture of a Regional Parbtsrehip under the 1996 Competitiveness Act. Transportation staff is working on a regional bikeway plan. At the request of Roanoke City, transportation staff is working with Roanoke City officials on an intarmodel transportation policy plan for the City, and a sidewalk inventory which will document sidewalk and other physical pedestrian characteristics along current Valley Metro Transit lines. Staff is working with the Regional Steering Committee for greenways, investigating implementation measures for a regional greenway system. Staff continues to work with local government engineering staffs and the consulting firm to complete the Regional Stormwater Management Plan. ACTION: Staff provides technical assistance to the Roanoke City Modified Ward Task Force which was convened to study and recommend a modified ward system for the City. There being no questions, and without objection by Council, the Mayor advised that the briefings would be received and filed. SCHOOLS: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools, advised that the purpose of the briefing is to provide Council with a historical context of the Magnet School Program in the Roanoke City Public Schools, to introduce information which will provide a better understanding of the number of Magnet School Programs, associated funding through the Federal Government, 505 funding provided as a part of the City's local budget, examples of how the Magnet School Program is operated, and benefits received by Roanoke City Public School students aa a result of efforts to implement Magnet School Programs in the City Schools dating beck to t987. He explained that Magnet School Programs allow the school system to offer a choice to students, and over 350 students era enrolled in the various programs, many of whom come to Roanoke City Schools from surrounding jurisdictions because of the opportunity for children to participate in a wide range of programs. R. Faye Plesesnte, Executive for Human Resources, Roanoke City Public Schools, presented historical background on the Magnet Schools. She explained that Magnet Schools offer a unique learning environment in which staff, physical plant, equipment and materials provide students with lesming activities and experiences so appealing that students from diverse backgrounds apply to attend the program, drawn by their individual academic interests and desire to be part of a special learning opportunity. She explained that Roanoke is one of thres districts, nation-wide, that has been funded for five consecutive cycles, there ara 32 successful magnet programs in 12 schools, and the City of Roanoke has been fortunate to receive over $10 million in Federal funds for Magnet School implementation. (See statement on file in the City Clerk's Office.) Sandra B. Burke, Director, Roanoke City Magnet Schools, presented an overview of grant Magnet School offerings and the implementation process, as well as information on Federal and local funding. Her remarks focused on how Magnet Schools ara selected, evaluation criteria, criteria used in the selection of students, and funding. She present~l a video on the 12 Magnet Schools which was produced and edited at the William Flsming/1Nilliam Ruffner Television Studio. Ms. Burke invited the Members of Council to attend a Magnet School Fair on Saturday, November 23, 1996, from 10:00 a.m., to 1:00 p.m., in the Cafeteria at the William Fleming Magnet Center. (See statement on file in the City Clerk's Office.) Council Member Swain requested information on an annual beale with regard to local ceste of the Magnet School Program; whereupon, it was suggested that the information could be included as a part of the annual budget. There being no further questions, and without objection by Council, the Mayor advised that the briefing would be received and filed. HEARINGS OF CITIZEN UPON PUBLIC MATTERS: None. At 1:35 p.m., the Mayor declared the mesting in recess until 2:00 p.m. At 2:00 p.m., the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding: PRESENT: Council Members James O. Trout, William White, Sr., Linde F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain and Mayor David A. Bowers 7. ABSENT: None OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. GHsso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PROCLAMATIONS-BUSES-ACTS OF ACKNOWLEDGEMENT: The Mayor presented a proclamation declaring Monday, November 18, 1996, as James R. "Jimmy" Carter Appreciation Day in the City of Roanoke, in recognition of Mr. Carter's exemplary safety record and driving ability as an employee of the Greater Roanoke Transit Company since November 13, t974. Mayor Bower~ commended Mr.. Carter on his outstanding achievements and presented him w~th a ceremonial copy of the Proclamation. (For full text, see Proclamation on file in the City Clerk's Ofl~ce.) 507 Tho Mayor advised that all matters listed under the Consent Agenda were considered to be reurine by the Members of Council and would be enacted by one morion 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 discues personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. COMMITTEES-COUNCIL: A communicarion from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel maters relating to vacancies on various authoririss, boards, commissions and committees appointed by the Council, pursuant to Secrion 2.1-344 (A)(1), Code of Virginia (1950), as amended, wes before the body. (For full text, see communication on file in the City Clerk's Office.) Ii ACTION: Mr. White moved that Coun.c. il concur in the request of the Mayor to meet. in Executive Session to d~scuee personnel matters relaring to .- vacancies on various authorities,, boards, commis.sions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The morion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, ParrotS, Swain and Mayor Bowers 7. NAYS: None 0. ELECTIONS: A communication from Gilbert E. Butler, Jr., Secretary, Roanoke City Electoral Board, transmitring a certified copy of the Abstract of Votss cast in the General and Special Elections held in the City of Roanoke on November 5, t996, was before Council. ABSTRACT OF VOTES cast in the Roanoke City, Virginia, at the November 5, 1996 General Election, for: 508 ELECTORS FOR PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES THE TABU~IkTION FOR EACH ELECTOR ENTERED IN THIS ELECTION IS AS FOLLOWS: Virginia Reform Party for Electors for H. Ross Paint, President and Pat Choate, Vice President E. Alfred Picerdi William D. D. McKenzla Samuel J. Scott, Sr. Carolyn A. Taylor Sue Harris DeBauche Rocky L. Wilkinson C. Ralph Copelend, Jr. Arlene W. Smith Thomaa M. Overrocksr Doris H. Selfe J. Steven Hales Thomas C. Haman William R. Huff Total Votes Received 2.t69 (in figures) Democratic Party for Electors for Bill Clinton, President and Al Gore, Vice President Aubmy C. Sullivan Judith L. Ro~anblatt Michael C. Melvin Leo F. 'Buddy", Jr. Carl U. Eggleston Nanelou W. Scuder Stanley R. Woodfln George G. Rawlings, Jr. John S. DWoHo Airleen E. Gray Sidney B. Savage ChaHene N. Blckford Joan Wood Somervill Total Votes Received 17.282 (in figures) Republican Party for Electors for Bob Dole, President and Jack Kemp, Vice President Robert R. Fountain Gary Clarence Bylar Mary A. "Polly" Braawell Patricia Strewn Bice Michael W. D."Miks' Brown Hugh D. Key Mark D. Franko Frank O. Meeks Elaine Nunez McConnell Ruth Aileen Hancock Anne R. Keaat Vincent A. Merilyn L. Lussen DIBenedatto, Ill Total Votes Received 12.283 (in figures) Virginia Taxpayers Party for Electors for Howard Phillips, President end Albion W. Knight, Jr., Vice President 509 Noble C. Brenn Kenneth W. Lancaeter William E. Potter He~t)ert W. Titue John T. WingfleM Lloyd T. Sprinkle Collie Grant Finchan, Sr. Martin P. Claussen Henry E. Johnson Douglas Winston Phillil~ William E. Nowera Joseph D. Douglass, Jr. Total Votes Received 105 (in figures) Natural Law Party for Electors for John Hagelin, President and Mike Tompkins, Vice President Martin W. Barter M. Lawrence Allison, Jr. ChiRon Wayne Mahin Marian S. Miskell Kathleen A. Wurdeman Theodore A. Bergran Jeanette F. Snead Madene S. Crceby Jeffry O. Murphy Liza Todd Field Jacqueline J. Bow~er Ma~J L. Jamleon Williams Rob~tChaHa~Pence Total Votes Received 60 (in figures) Libertarian Party for Electors for Harry Browne, President and Jo Jorgensen, Vice President Sanford J, Pankin Henry T. Thrasher KeRb E. Kennedy Lannice F. Werth David B. Brown Harriet C. Cobb Shelby FafTell McCumin Richard E. Sincere, Jr. John G. Kell Shelley F. Tamres Gerald L. Kelleher John S. Buckley Patrick M. Claw~on Total Votes Received 11T (in figures) 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 5, 1996, do hereby cert]~ that the above is a true and correct Abstract of Votes cast at said election for Electors for President and Vice President of the United Stetas. Given under out hands this 7th day of November, 1996. A copy testa: [SEAL] Charlee T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board 510 ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 6, t996 General Election, for: MEMBER UNITED STATES SENATE Names of Candidates on Ballot MARK R. WARNER ................................... JOHN W. WARNER ................................... TotelWHte-lnVotes~EEGERTIFIGATIO~ ............... Total Votes Received (in figures) 17.426 13.890 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 5, 1996, 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 Steates. Given under out hands this 7th day of November, t996. A copy teste: Charles T. Green, Chairman Frances V. GaHand, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 5, 1996 General Election, for: 511 MEMBER HOUSE OF REPRESENTATIVES Names of Candidates on Ballot Totel Votes Received (in figures) JEFFREY W. GREY ................................... ROBERT W. "Bob" GOODLATTE ........................ ~ JAY P. RUTLEDGE .................................... 431 Totei Write-in Votes [SEE CERTIFICATION] ............... 2 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 5, 1996, do hereby certify that the above is a true and corrsct Abstract of Votes cast at said election for Member of the House of Representatives in the Congress of the United States. Given under out hands this 7th day of November, 1996. A copy teeste: Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butier, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 5, 1996 Special Election, for: 512 PROPOSED CONSTITUTIONAL AMENDMENTS QUESTION 1: Shell the Constitution of Virginia be amended to provide that the funds in the governmental employees retirement system shell be trust funds and be invested and administered solely in the interests of the members and beneficiaries of the system? Total Votes Received (in figures) YES ~ QUESTION 2: Shall the Constitution of Virginia be emended to provide that the victims of crime shall be treated with fairness, dignity, and respect in the criminal justice process and that the General Assembly may define, by law, the rights of victims of crime? II Total Votes Received (in figures) YES ~ NO 4.6~)4 QUESTION 3: Shell the Constitution of Virginia be emended to authorize the General Assembly to allow the Commonwealth the right of an appeal in ell cases, including criminal cases, provided that the appeal would not violets the Virginia or United States Constitutions? 513 Total Votes I .Received (,n figures) YES 18.631 NO 7.184 QUESTION 4: Shall the Constitution of Virginia be amended so that the form for voter registration applications may be revised and so that voters who move within Virginia may be allowed to vote in their former precincts under the conditions and time limits provided by law? Total Votes Received (in figures) YES 2O.667 NO 5.412 QUESTION 5: Shall the Constitution of Virginia be amended to remove the language which prohibits the General Assembly from passing a law permitting incorporation of any church or religious organization? Total Votes Received (in figures) YES 13.4t5 NO t2.009 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 5, t996, do hereby certify that the above is a true and 514 correct Abstract of Votes cast at said election for and against the : proposed amendments to the Constitution of Virginia. ~ Given under our hand this 7th day of November, 1996. A copy teete: Cha~es T. Green, Chairman Frances V. Gattand, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board WRITE-INS CERTIFICATION Roanoke City November 5, 1996 Election Member, U. S. Senate November 5, 1996 Writa4ns (Ll~t In Alphil3~cal Total Votes Received (in flgu~) Invalid Writa-lns ............................ 0 Jim Miller ................................. 1 Steve Owens ............................... 1 Tex Wood .................................. 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 5, 1996, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the writa-in votes cast at said election for the office indicated above. 515 Given under our hand this 7th day of November, t996. I A copy teete: Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board WRITE4NS CERTIFICATION City of Roanoke November 5, 1996 Election Member, House of Representatives 6th District November 5, 1996 Writa-lns (Li~t in Alphabedca/Order) Total Votes Received (in flgun~) Invalid Writa-lns ............................ 0 Wayne G. Reilly ............................ 1 John St. Leger .............................. 1 We, the undemigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 5, 1996, do hereby certify that, with the continuation pages indicated, the above is a tree and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hand this ?th day of November, 1996. A copy teste: Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board 516 ACTION: ACTION: Mr. White moved that the communication and Abstract of Votes be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: Nono COMMITTEES-ROANOKE ARTS COMMISSION: A communication from Janie P. Wheeler 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.) Mr. White moved that the communication be received and filed and that the resignation be accepted with regreL The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Membere Trout, White, Wyatt, Harris, Parrott' Swain and Mayor Bowers. 7. NAYS: None 0. M HEARING OF CITIZENS UPON PUBLIC MATTERS: TRAFFIC-PARKS AND RECREATION-DRUGS/SUBSTANCE ABUSE-ACTS OF ACKNOWLEDGEMENT-COMMITTEES: Council at its meeting on Monday, June 3, 1996, having voted to approve a 90-day trial period from September I to December t, 1996, to turn the Mill Mountain Star red for 24 hours following a drug or alcohol related fatality in the Roanoke Valley, Brenda A. Airman, Chairperson, Virginia State Mothers Against Drunk Driving, appeared before Council and requested an extension of the trial period for the "Keep the Star White" campaign. She advised that by turning the Mill Mountain Star red every time there is a drug or alcohol related fatality, the City will call attention to the importance of every human life, and such action represents a tribute to the families left behind. She stated that the number of traffic 517 fats!itl.es where either alcohol or drugs are involved is too high, national I statistics ehow that for the first time in a decade, drunk driving have increased, and citizens should be made aware of th,s major problem and band together to prevent these senseless tragedies. On behalf of Mothers Against Drunk Driving, she asked that Council act favorably on the request. Mr. John Markey, 7236 Scarlet Oak Drive, N. W., advised that his daughter was killed by a drunk driver nine years ago, and since that time, he has dedicated himself to increasing public awareness of the dangers of drinking and driving. He advised that during the past nine years, through the help of other victims of drunk driving and Mothers Against Drunk Driving, a campaign was launched to increase public awareness, and as a result of court monitoring, judges in the Roanoke Valley have been convinced as to the seriousness of insuring that perpetrators of drunk driving offenses receive sentences commensurate with their crimes. He stated that every time the Mill Mountain Star shines red, it should serve as a reminder that a member of the Roanoke Valley has died due to drinking and driving, and when the Star turns white, it should serve as an incentive to drive without drinking or taking drugs. He urged that Council vote to continue the "Keep the Star White" campaign to make the public aware of the dangers of drinking and driving. Council Member Trout, Council's liaison to the Mill Mountain Development Committee, presented a communication from the Chairperson of the Mill Mountain Development Committee in connection with a proposed Mill Mountain Visioning process. He advised that a variety of ideas have surfaced in regard to the future status of Mill Mountain Park, and in order to thoroughly develop a sound position relative to the issues, the Mill Mountain Development Committee will hold a retreat to be conducted by staff of the Roanoke City Personnel Depaf;,,,ent on Saturday, January 18, 1997. He explained that numerous issues such as the proposed expansion of the Mill Mountain Zoo, development of a restaurant, reinstatement of an incline railroad, and other suggestions will be discussed as a part of the visioning process. 518 Mr. Trout moved that Council defer act]on on ali matters relating to Mill Mountain Park end the Mill Mountain Star, pending receipt of recommendations from the Mill Mountain Development Committee following its January 18 workshop which will address long term and short term visions for Mill Mountain Park. The mot]on was seconded by Mr. Swain. Following discussion, Vice-Mayor Wyatt offered an amendment to the motion that the "Keep the Star White" campaign be continued pending receipt of a report and recommendations from the Mill Mountain Development Committee with regard to short term and long term goals for Mill Mountain Park. The amendment to the motion was seconded by Mr. Harris and adopted. Following further discussion, the mot]on, as aboveamended, wes unanimously adopted. The City Manager was requested to encourage the Mill Mountain Development Committee to solicit input by the Virginia State Mothers Against Drunk Driving. OTHER HEARINGS OF CITIZENS: Nons. PETITIONS AND COMMUNICATIONS: COMMONWEALTH'S ATTORNEY-J & D RELATIONS DISTRICT COURT: A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, advising that on June t3, 1994, Council authorized the City Manager to enter into a contract with the Roanoke City General District Court and the Commonwealth Attorney's Office for the collect]on of delinquent State and local fines and court costa; Council further authorized the establishment of a Coat Collect]on Unit within the Commonwealth Attorney's Office to handle the collections; and on November 27, t995, Council authorized the City Manager to enter into a contract with the Roanoke City Circuit Court and the Commonwealth Attorney's Office for the collect]on of delinquent State and local fines and costs owed to the Circuit Court, wes before Council. 519 ACTION: It wes further advised that the Clerk of the City of Roanoke Juvenile & Domestic Relations District Court has agreed to enter into a contract with the City of Roanoke and the Commonwealth Attorney's Cost Collection Unit for collection of delinquent State and local fines and court costs owed to the Juvenile & Domestic Relations District Court; and a contract must be approved by Council. The Commonwealth's Attomey recommended that Council approve a contract between the City of Roanoke, Roanoke City Juvenile & Domestic Relations District Court, and the Roanoke City Commonwealth Attorney's Cost Collection Unit; and authorize the City Manager to execute all appropriate documents pertaining thereto. A report of the City Manager concurring in the recommendation of the Commonwealth,s Attorney wes also before Council. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (~33179-111896) A RESOLUTION authorizing execution of a contract between the City of Roanoke, the Clerk of the Roanoke City Juvenile & Domestic Relations District Court and the Commonwealth's Attomey for the City of Roanoke to provide for the establishment of a coat collection program. (For full text of Resolution, see Resolution Book No. 59, page 202.) Mr. Harris moved the adoption of Resolution No. 33179-111896. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swein and Mayor Bowers 7. NAYS: None 0. BUDGET-GRANTS-SCHOOLS-CMERP-EQUIPMENT: A communication from the Roanoke City School Board requesting appropriation of $237,350.00 from the 1996-97 Capital Maintenance and Equipment Replacement Fund, which funds will be used for instructional technology computer purchases, replacement of facilities 520 equipment and transportation computer equipment, purchase of fumitura and equipment at Jeckson Middle School, and facility alterations and additions; and further requesting appropriation of funds to flue following school accounts, was before Council. Grant No. 6242 - $58.00 for flue Title VI Program to provide funds for implementation of innovative instructional programs in flue school district and to provide visiting teacher services. The Program will be reimbursed by Federal funds, in flue amount of $96,410.00, with a local match of $47,757.00. Grant No. 6311 - $5,900.00 for the Magnet School Program to provide for operation of the Magnet School Programs at Huff Lane MicroVillage and Lincoln Terrace Saturn Network. The appropriation represents additional funds made available for the Program. The Program is t00 per cent reimbursed by Federal funds and is a continuing program. Grant No. 6312. $189,751.00 for flue Reduce Truancy Now Project to provid.?, support for flue Roanoke City attendance effort ~nut an emphasm on drug and wolence prevention in the schools. The Program is 100 per cent reimbursed by Federal funds and is a new grant program. Grant No. 6954 - $26,300.00 for the Govemor's School for Math and Science to purchase school instructional equipment. The Program will be reimbursed by State bond funds and ia a new program. Grant No. 6955 - $12,326.00 for the Mentor-Teacher Program to train experienced teachers to act aa mentors to newly hired teachers during flue new teachers initial year of employment. State grant funds in flue amount of $6,163.00 have been received, with a local match of $6,163.00. This is a new program. Grant No. 6956 - $177,360.00 for flue Roanoke Adolescent Health Partnership to provide for medical services to flue Roanoke City Schools in conjunction with flue City of Roanoke Healut Depa, b,,ent and Carilion Health Systems. 521 ACTION: New Program expenses will be reimbursed by donations tTom Carilion Health services in the amount of $143,810.00 and from the Roanoke City Health Department in the amount of $33,550.00. An appropriation request of $117,500.00 is also requested for the Special Education Regional Program. The additional appropriation of tuition revenues represents the higher level of participation in the Roanoke Valley Regional Program for low Incidence Populations. A report of the Director of Finance advising that the above request is the fourth appropriation of the School Board's fiscal year 1996 Capital Maintenance and Equipment Replacement Program funding of $2,132,372.00, leaving an unappropriated balance of $875,353.00, and recommending that Council concur in the request, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (~33180-t11896) AN ORDINANCE to amend and reordain certain sections of the 1996-97 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 203.) Mr. White moved the adoption of Ordinance No. 33180-111896. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None 0. 522 REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: INSURANCE-CITY EMPLOYEES-BLUE CROSS/BLUE SHIELD: The City Manager submitted a written report advising that the present health insurance contract with THgon Blue Cross Blue Shield expires on December 31, 1996; and currently, City employees have the following two options: Comprehensive Plan as has been tredi'donally provided to employees in recent years; and Point of Service Plan that was offered effective January 1, 1996, which Plan is less expensive with many of the same benefits but requires the use of a network of primary care physicians and specialists in order to receive health care. The City currently contributes 90 per cent towards the "employee only" rate for both plan options. It was further advised that the Comprehensive Plan Design for 1997 includes increasing the "employee only" deductible from $100.00 to $150.00, plus an increase in the employee out of pocket maximum from $750.00 to $1,000.00, and increasing the "employee plus child" and "employee plus family" deductible from $200.00 to $300.00 and an increase in the out of pocket maximum from $1,500.00 to $2,000.00; no changes are proposed in deductible or out of pocket maximums for the Point of Service Plan and the Retiree Comprehensive Health Plan; total ratas for the three levels of coverage - employee only, employee plus one child and family - will increase; however, the health care reserve fund will "buy down" the employer and employee rate increase to 12.4 per cent for the comprehensive plan and nine per cent for the point of service plan; retiree rates will also be reduced approximately seven per cent which is consistent with Council's desire to bring retiree rates in line with those of active employees over a three year period, with the year 1997 being the second year of the three year period; and all rates are effective for the contract year January 1, 1997 to December 31, 1997. 523 The City Manager recommended that Council approve award of a contract for the City's Comprehensive Health Plan and Point of Service Health Plan, as recommended by the Employee Benefits Awareness Committee, to Trigon Blue Cross Blue Shield for the period beginning January 1, 1997 and ending December 31, 1997: Current monthly rates and new mtss are as follows: 1996 1997 1996 1997 Employee $157.32 $176.84 $133.72 $145.74 EmpJChlld 226.58 254.58 192.58 209.90 Family 368.16 413.82 312.94 34t .10 Employee costs monthly after City contribution are as follows: Employee EmpJChild Family cay Contribution 1996 1997 t996 1997 $15.32 $17.83 $12.72 $7.74 54.58 96.68 71.58 71.90 226.16 254.81 191.94 203.t0 142.00 159.00 121.00 138.00 Redree rates which are paid in total by the retiree for those who retire during the period January 1, 1997 to December 31, 1997 are the same as current employees during enrollment in COBRA; and current monthly rates and new rates alter application of COBRA provision are as follows: 1996 1997 t996 1997 Employee $201.69 $193.43 $175.08 $160.77 EmpJChild 290.41 278.60 252.21 231.57 Family 471.59 452.57 409.57 376.21 (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: 524 ACTION: (~33181-111896) A RESOLUTION authorizing execution of a contract and related documents with Trigon Blue Cross Blue Shield to provide for a Comprehensive Health Plan and a Point of Service Health Plan for employees and retirees of the City and members of their families. (For full text of Resolution, sss Resolution Book No. 59, page 206.) Mr. Parrott moved the adoption of Resolution No. 3318t -11 t896. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bower~ 7. NAYS: Non: 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, 1996; the City currently contributes $9.14 per month toward the "employee only" rate for dental insurance; and specifications were developed to obtain competitive proposals for the City's group dental insurance plan, and three responses were received. It was further advised that informational meetings were held with two dental care companies for renldng purposes according to the City's needs; and the Employee Benefits Awareness Commit~e ranked Delta Dental Plan of Virginia as first choice. The City Manager recommended that Council approve the renewal of a contract for dental care insurance with Delta Dental Plan of Virginia for a period of one year commencing January 1, 1997 and ending December 31, 1997, which coverage provides for the same benefits available under the current contract with the addition of dropping the $300.00 limit on periodontics. 525 ACTION: Current rabm are ss follows: Total Rata City Pays Employes 10.66 9.14 Employes/Dependent 18.26 9.14 Family 3t.14 9.14 Monthly rates would increase by 3.5 per cent in t997, ss follows: Total Monthly Rate Ci~ Pays Employes 11.04 9.46 Employee/Dependent 18.90 9.46 Family 32.24 9.46 Employes cost alter City contribution would be as follows: Additional Current Proposed Monthly Monthly Monthly Cost Employes 1.52 1.58 .06 Employee/ Dependent 9.t2 9.44 .32 Family 22.00 22.78 .78 (For full text, ses report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#33182-111896) A RESOLUTION authorizing execution of a contract and related documents with Delta Dental Plan of Virginia to provide group dental insurance for employees of the City and members of their families. (For full text of Resolution, see Resolution Book No. 59, page 207.) Mr. Swain moved the adoption of Resolution No. 33182-111896. The motion was seconded by Mr. Harris and adopted by the following vote: 526 AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: Nono CITY CODE-CITY CHARTER-LEGISLATION-MINORITY/WOMEN OWNED BUSINESSES-PROCUREMENT CODE: The City Manager submitted a written report advising that Council approved a Minority and Women-Owned Business Enterprise Plan for the City of Roanoke, pursuant to Resolution No. 31012-051892, adopted May 18, 1992; Council requested an annual report on participation of Minority Business Enterprise (MBE) and Women-Owned Business Enterprise (WBE) firms and asked for the level of MBEJWBE participation during fiscal year t995-96; and on July 13, 1992, Council agreed to establish a long-term futura goal of ten per cent for MBE/WBE participation in City cont~acta and purchases. It was further advised that the Minority Business Enterprise/ Women4:)wned Business Enterprise plan is administerad by City staff in an effort to promote participation by minority and women-owned business enterprises; City-funded contracts and purchase orders must be awarded to the lowest rasponsibis bidder without ragard to race or gender of the contractor, as requirad by the State Procurament Code; the Community Development Block Grant (CDBG) program raquiras that the City report MBF_/WBE participation in all Federally-funded contracts to the U. S. Depa,~,,,ent of Housing and Urban Development on a semi-annual basis; the Office of Grants Compliance maintains a list of MBE's/WBE's in the Roanoke Valley market araa and distributes the list to contractors and others upon request; the Department of Engineering administers and tracks MBF-/WBE participation on City- funded construction projecta; the Office of Supply Management tracks MBE/WBE participation for the purchase of materials, supplies and services; and the racent partial installation of a computerized "Extended Purchasing System" will allow for amora accurate tracking of MBE/WBE participation. It was explained that a program is being developed to offer a local conferance to MBE/WBE businesses on how to do business with the City of Roanoke; the 1996 Session of the General Assembly has amended portions of the Virginia Public Procurament Act which should allow for possible enhanced MBE/WBE participation, viz: the threshold 527 ACTION: limit for informal purchasing has bccn increased from $15,000.00 to $30,000.00 due to an increase in the cost of goods purchased and to allow for more flexibility in the informal bidding process; and in addition, small businesses which include MBE/WBE have explained that the City's bonding threshold is a barrier to bidding on City Government work, that many private businesses do not require Bid, Performance and Payment Bonds at the City's current threshold of $25,000.00, and current statutory authority ia $100,000.00, and it is possible to raise these limits in the City. It was noted that MBE/WBE business paCdcipetion in the City for engineering construction, supplies, and services totalled 1.68 per cent based on a total expenditure of $27,573,064.00 for fiscal year 1995-96. The City Manager recommended that Council amend the Code of the City of Roanoke (1979), as amended, to allow the threshold for requiring Bid, Performance and Payment Bonds to be increased from $25,000.00 to $100,000.00; and that the 1997 Session of the General Assembly be requested, through the City's Legislative Program, to amend the City Charter to increase the formal threshold for procurement by competitive sealed bidding or competitive negotiations from $t5,000.00 to $30,000.00. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency ordinance: (#33183-111896) AN ORDINANCE amending subsection (a) of §23.1-9, Bid bonds, and subsections (a) and (d) of §23.1-15, Performance and ~avment bonds, of Chapter 23.1, Procurement of the Code of the City of Roanoke (1979), as amended, by raising the threshold for requiring bid, performance and payment bonds from $25,000 to $t00,000; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 208.) Mr. Parrott moved the adoption of Ordinance No. 33183-111896. The motion was seconded by Mr. Swain and adopted by the following vote: 528 AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: Non: 0. Vice-Mayor Wyatt requested quarterly reports on contracts with minority/women-owned businesses which would include information on successful bidders, broken down by gender and race; whereupon, the City Manager advised that the City is presently installing a computerized purchasing system that has the capability of providing the aboverequested information if the bidder indicates whether they are a minority/women-owned business on the bid document. He stated that shorter periods of reporting can be accomplished once the system has been operational for a period of one year, and asked that he be permitted to submit an annual report in the interim. The Vice-Mayor also requested that the information be provided on an individual bid basis, as opposed to an overall breakdown, and the Mayor requested that the information be broken down by ethnic groups. The City Manager responded that there is no requirement that biddere indicate on the bid document whether they are a minority/women-owned business; however, the City could request that bidders voluntarily supply the information. Council Member Swain suggested that the City Manager provide a location in the Municipal Building Complex for installation ora central bulletin board which would provide notice of the intent of the City to procure certain small purchases. He also suggested that the same information be provided to the Southwest Virginia Community Development Loan Fund and the Roanoke Valley Chamber of Commerce; whereupon, the City Manager advised that implementation measures have been discussed with the City's Manager of Supply Management. It was the consensus of Council that the City Manager will report to Council no later than June 30, t997, on the abovedescribed requests for information. 529 ACTION: DIRECTOR OF FINANCE: CITY CODE-TAXES-LICENSES: The Director of Finance submitted a written report advising that on May 20, 1996, Council adopted an ordinance amending the City Code to comply with Virginia General Assembly legislation passed during the 1996 Session (House Bill 293), which ordinance, in part, s. paci.fled that .there shall, be assessed and collected a $50.00 fee for ~ssu,ng each I,cense requ,red by the City Code; and the intent of the City Code amendment was to impose the issuance fee, along with the rate-based tax, upon taxpayers with business licenses. It was explained that most of the City's Business, Professional and Occupational License Tax taxpayers are in business categories that have rate-bssed taxes; however, certain of the City's BPOL taxpayers are paying under a fiat fee structure; businesses paying on a fiat fee structure include those holding alcoholic beverage licenses, carnivals, coin-operated machines, fortune tellers, massage parlors, magazine or book sellers, public service companies, real estate salespersons, savings and loan associations, craft shows, art shows, trade shows and festivals, shows and sales, stnmt or other sellers, and itinerant merchants and peddlers; and to specifically exclude such texpayera from paying the $50.00 issuance fee, an amendment to the City Code is required. The Director of Finance transmitted and recommended for adoption an ordinance amending the City Code aa abovedescribed. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#33184) AN ORDINANCE amending §19-1.1, Intent of this chaDter: law and Dumose of tax. of Article I, In General. of Chapter 19, ~ of the Code of the City of Roanoke (t979), as amended; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 59, page 217.) The motion was seconded by Mr. Swain and adopted by the following vote: 530 ACTION: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ..... 7. NAYS: None O. AUDITS/FINANCIAL REPORTS-PENSIONS: A report of the Director of Finance transmitting the audited fiscal year 1996 Comprehensive Annual Financial Report for the City of Roanoke, was before Council. It was advised that the unaudited General Fund Capital Maintenance and Equipment Replacement Program (CMERP) which was raported on July 25, t996, remains unchanged; and the audited balance was allocated between the City and School administrations, in the amounts of $3,651,860.00 and $2,132,372.00, respectively, to provide capital equipment and maintenance funding, which balances ara available for futura appropriation ordinances to be approved by Council. (For full text, see report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the report would be received and filed. CITY ATTORNEY: ZONING-COMPLAINTS-TRAFFIC-STREETS AND ALLEYS: The City Attomey submitted a written report advising that at Council's meeting on October 7, t996, he was asked to respond to a communication from Mr. Hubert Sydenstricker, 2513 Mount Vernon Road, S. W., and a petition signed by residents of Mount Vernon Road, Wilbur Road and Blair Road in which it was stated that Dr. J. Weldon Farley, 2429 Mount Vernon Road, has a collection of vehicles on his property at that location, and an inquiry was made as to whether the City could limit the number of ungaraged vehicles to two for each licensed driver residing at an address in residential areas of the City. The City Attorney explained that although the City Council may not enact an ordinance prohibiting the keeping of more than a certain number of motor vehicles on a residential lot and prescribing a penalty therefor, the Council is not without options; Council has authority to regulate the use of private property through its zoning power; specifically, §15.1~186, Code of Virginia (t950), as amended, authorizes 531 a governing body to regulats, restrict, prohibit and determine the use of land for residential, business, industrial and other specific purposes; and under this authority, Council could limit the number of motor vehicles parked or stored outside of a garage or accessory structure in a residential area based on the size of a lot or the zoning classification of a lot. The City Attorney pointed out that at least two caveats exist with respect to reliance upon the City's zoning authority; first, any person using his lot as a storage or parking area for a number of motor vehicles which exceeds the number permitlmJ by City Council would be grandfatherad; under Section 36.1-597 of the Code of the City of Roanoke (1979), as amended, if a use, such as storage of operative motor vehicles or off-~trest parking, is lawful at the time an ordinance is passed which makes such use unlawful, the use may be continued; such a nonconforming, but legal, use, while not permitted to be increased, enlarged upon, expanded or extended, is permitted to remain until discontinued; Stats law requires that such discontinuance be permitted to exist for up to two (2) years without a property owner losing his right to use his property in such a nonconforming manner; and the Virginia Supreme Court has found that by enacting §15.1~,92 of the Code of Virginia (1950), as amended, the legislature clearly envisioned the protection of a use existing on the effective date of a new zoning restriction. The City Attorney noted that the second caveat is that such a regulation would not control the parking of vehicles in the public right- of-way; and by restricting the parking of vehicles on private property, Council may unintentionally create parking problems within the public right-of-way. (For full text, see report on file in the City Clerk's Office.) Mr. Sydenstricker appeared before Council and requested that the Zoning Ordinance be amended to limit the number of ungaraged motor vehicles to no more than two per household, which would be the property of each licensed driver residing at the residence. He explained that such amendment would cause little or no problem for those persons who use their vehicles for the purpose for which they were intended, and the amendment would prevent the uss of residential property in any part of the City for storage of unsightly vehicles. 532 ACTION: Without objection by Council, the Mayor advised that Mr. Sydensb'icker's remarks and the report of the City Attorney would be received and filed. REPORTS OF COMMII'rEES: SEWERS AND STORM DRAINS-HOUSING/AUTHORITY.GRANTS- ECONOMIC DEVELOPMENT-STREETS AND ALLEYS: Council Member John H. Psrrott, Chairperson of the Bid Committee, presented s written report on behalf of the Committee, in connection with bids received by the City for construction of the Shaffer's Crossing Community Development Block Grant Drainage Project. It was explained that the Roanoke Redevelopment and Housing Authority owns a 3.307 acre vacant tract of land (Official Tax No. 2410101) for the purpose of industrial development; a prospective buyer has bccn identified who will purchase the property, thus bringing in new revenue to the City, creating and/or retaining approximately 60 jobs, with approximately $200,000.00 in program income to be returned to the City's CDBG account; a condition of the potential sale is the relocation of the current storm drain; Council authorized funding of the City's U. S. Deperlment of Housing and Urban Development Entitiement Program on May t3, 1996, pursuant to Resolul~on No. 32939-051396, and one of the projects authorized by Council for funding is the Shaffer's Crossing Storm Drain Project; and the Shaffer's Crossing Storm Drain Project is part of the development of Shaffer's Crossing, Phase I, which entails the construction of a storm drain in 30th Street and Johnson Avenue, N. W.. The Bid Committee recommended that Council authorize the City Manager to execute a unit price contract, in a form to be approved by the City Attorney, with Dixon Contracting, Inc., in the amount of $184,795.00, with a project contingency of $9,240.00, for a total of $194,035.00, and 120 calendar days for completion of the work from the data of the notice to proceed. 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 ordinance: 533 ACTION: (#33185-111896) AN ORDINANCE accepting the bid of Dixon Contracting, Inc, for the relocation and construction of a storm drain at Shaffer's Crossing, 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. 59, page 210.) Mr. Parrott moved the adoption of Ordinance No. 33185-1t1896. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None O. SEWERS AND STORM DRAINS-CAPITAL IMPROVEMENTS PROGRAM: Council Member John H. Parrot'(, Chairperson of the Bid Committee, presented a written report on behalf of the Committee, in connection with repealing Ordinance No. 33166-102396 which accepted the bid of S. R. Draper Paving Co., for construction of five small drainage projects. It was explained that the Bid Committee report for construction of the following five small drainage projects was previously approved by Council, pursuant to Ordinance No..33166-102396, adopted October 23, 1996; however, the measure ,s resubmitted due to a mistake in totalling the bide which were submitted for the project, and corrected bid totals changed the Iow bid while all other aspects of the project remain the same. Allison and Sixth Street, S. W., Davenport Street, S. E., Old Country Club Road, N. W., 27th Street, S. W., and Rutrough Road, S. E. 534 ACTION: The Bid Committee recommended that Council concur in the following actions: Repeal Ordinance No. 33166-102396 which accepted the bid of S. R. Draper Paving Co., on October 23, 1996. Authorize the City Manager to execute a unit price contract, in · form to be approved by the City Attorney, with Braakell, Inc., in the amount of $98,256.00, with a contingency of $6,536.00, for a total cost of $104,792.00, and t20 calendar daye to complete the work. Funding is available in Capital Projects Fund Miscellaneous Storm Drain Projects, Account No. 0084)52- 9688-9003. 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 ordinance: (#33186-111896) AN ORDINANCE repealing Ordinance No. 33166-102396 which awarded a contract to S. R. Draper Paving Company for the construction of five small drainage projects; accepting the bid of Breakell, Inc., for the construction of five small drainage projects, 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. 59, page 211.) Mr. Parrott moved the adoption of Ordinance No. 33186-11t896. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: Non= O. 535 CITY CHARTER-COUNCIL-LEGISLATION-SCHOOLS- PROCUREMENT CODE: Council Member William White, Sr., Chairperson of the Legislative Committee, presented a written report on behalf of the Committee, advising that on November 12, 1996, Council's Legislative Committee met to review the proposed 1997 Legislative Program; and after careful review, the Committee approved the Program and recommended that Council adopt a resolution endorsing the Legislative Program and commending same to the City's delegation to the t997 Session of the General Assembly. It was explained that the Legislative Program, which is a combined program for Council and the School Board, emphasizes financial and revenue issues for the 1997 Session; the Program recognizes that local governments have funded educational costs beyond their share in an effort to provide quality education and calla upon the General Asaembly to provide full funding of the educational Standards of Quality and to continue funding initiatives to reduce disparity as it relates to student performance; the Program anticipates a continued attack on the Business, Professional and Occupational License Tax atthe 1997 Session of the General Assembly and provides a vigorous defense of this revenue source that generated $9.2 million for the City in fiscal year 1995-96, and also anticipates a new attack on the personal property tax and likewise provides a strong defense of this vital revenue source that produced $18.7 million for the City in fiscal year 1995-96. It was further advised that the Program highlights the important achievements and recommendations of the Urban Partnership which are intended to promote the economic competitiveness of Virginia's regions in the global marketplace; transportation issues, such as Interstates 73 and 66, the Smart Road and extension of passenger reil service, are emphasized as important to the economic competitiveness of the region; and the Higher Education Center is highlighted as necessary to allow the region to meet the educational challenges of the twenty-firet century. It was advised that the proposed Charter amendment will require a public hearing, and it is requested that Council hold a public hearing on December t6, 1996; and subsequent to the public hearing, Council will need to act on a resolution requesting the 1997 Session of the General Assembly to enact the Charter amendment, which action will permit introduction of the City's Charter amendment bill prior to the 536 ACTION: first day of the 1997 Session as required by Stats Code. (The proposed City Charter amendment provides that all contracts for more than $30,000.00 [currently $15,000.00] shall be awarded after public advertisement and competition aa may be prescribed by general law.) (For full text, sas report on file in the City Clerk's Office.) Mr. White offered the following resolution: (~/33187-111896) A RESOLUTION adopting and endorsing s Legislative Program fur the City to be presented to the City's delegation to the 1997 Session of the General Assembly. (For full text of Resolution, see Resolution Book No. 59, page 212.) Mr. White moved the adoption of Resolution No. 33187-111896. The motion was seconded by Mr. ParrotL Vice-Mayor Wyatt spoke in support of the proposed Legislative Program with one exception, viz: Page 9, "School Governance. The current law vesting final authority in the grievance process with the local school board should be maintained." She advised that as long as the above provision is included in the Legislative Program, she could not, in good conscience, support the program. She explained concern that although the Legislative Program is a combined effort of the City and the Schools, no representative from the School Board attended the meeting of the Legislative Committee on November 12, 1996, and no representative was present today. The Vice-Mayor further advised that the current policy gives the School Board the ultimate authority, and public school teachers are the only employees in the Commonwealth of Virginia who must abide by this type of arbitrary control. She explained that the process provides that on a grievance panel, one person represents the employee, one person represents the School Board/School Administration, and the third party is selected by the employee and the School Board/School Administration. She fu,~;~ar explained that the panel hears the grievance and arrives at a decision which is advisory to the School Board, and the School Board may either accept or overtum the decision of the panel, which, in effect, negates the process of the grievance by the employee. She stated that the process is unfair and provides School Boards with the opportunity to be arbitrary and capricious. 537 Ms. Wyatt offered an amendment to the motion that the Legislative Program be amended to deists the following sentence. The amendment to the motion was seconded by Mr. Harris. "The current law vesting final authority in the grievance process with the local school board should be maintained." Council Member White advised that the Legislative Program is a combined effort of the City and the Schools, and the abovesteted provision was recommended by a majority of the membership of the Roanoke City School Board. He added that if the City and the Schools wish to continue the practice of submitting a combined Legislative Program, Council should not make changes to the portion of the document addressing school related issues, and he could not support the amendment to the motion. Council Member Harris advised that deleting the sentence would place Council in a posture of not taking a position either for or against. He added that there are too many important issues in the Legislative Program for Council to be divided on this one matter. He explained that the School Board can take a position on the issue, and it is the prerogative of the Board to instruct the School Administration to present the position of the School Board at the 1997 Session of the General Assembly. In further clarification, he stated that by removing the language from the Legislative Program, Council will not be taking a position either for or against the issue, such action will not inhibit or tie the hands of the School Board, and the School Board will be in a position to address the matter as it deems appropriate. The .Mayor expressed .concern that. n.o. School Board representative attended the meeting of the Legislative Committee on November 12. He advised that he was informed that a recent meeting of the School Board was delayed due to lack of a quorum. Following further discussion, Council Member White stated that he would support the amendment to the motion because he did not believe that appropriate input had been provided by the School Board. As Chair of the Legislative Committee, he advised of his intent to forward correspondence to the School Board's representatives to the Legislative Committee expressing Council's concern with regard to their lack of participation in the November 12 meeting of the Legislative Committee. 538 ACTION: ACTION: The amendment to ~he motion to delete the following language on Page 9 of the Legislative Program was adopted. "The current law veeting final authority in the grievance process with the local school board should be maintained." Mr. White offered the following resolution: (~33187-111895) A RESOLUTION adopting and endorsing a Legislative Program, as amended, for the City to be presented to the City's delegation to the 1997 Session of the General Assembly. (For full text of Resolution, see Resolution Book No. 59, page 212.) Mr. White moved the adoption of Resolution No. 33187-111896, as aboveamended. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None .0. Without objection by Council, the Mayor advised that a public hearing will be held on Monday, December 16, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposed City Charter amendment. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: OATHS OF OFFICE-COMMI'I'rEES-INDUSTRIES: Mr. Parrott offered the following resolution reappointing Samuel H. McGhee, III, as a Director of the Industrial Development Authority of the City of Roanoke, for a term of four years commencing on October 21, 1996, and expiring on October 20, 2000: 539 (#33188-111896) A RESOLUTION ~appointing a Director of the I Industrial Development of the City of Roanoke, to fill a four (4) A. _u_?ority year term on its Board of D~rectors. (For full text of Resolution, see Resolution Book No. 59, page 213.) ACTION: Mr. Parrott moved the adoption of Resolution No. 33188-111896. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers,, 7. NAYS: Nono 0. COUNCIL-LEGISLATION: Mr. Swain offered the following resolution changing the time and place of commencement of the regular meeting of City Council from 12:30 p.m., to 12:00 noon, on Monday, December 2, 1996, in the Emergency Operations Center Conference Room, First Floor, Municipal Building, with the 2:00 p.m. session on the same date to be held in the City Council Chamber, 215 Church Avenue, S. W.: (#33189-111896) A RESOLUTION changing the time and place of commencement of the regular meeting of City Council scheduled to be held at t2:30 p.m., on Monday, December 2, t996. (For full text of Resolution, see Resolution Book No. 69, page 214.) ACTION: Mr. Swain moved the adoption of Resolution No. 33189-111896. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: Non= 0. MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: 540 ACTION: ACTION: TAXES-LEGISLATION -VIRGINIA TRANSPORTATION MUSEUM: Mr. Trout moved that a request of the Virginia Museum of Transpo~tetion, Inc., to have property located at 303 Norfolk Avenue, S. W., exempt from taxation, pursuant to Article 10, Section 6(a)(6) of the Constitution of Virginia, be referred to the City Manager for study, report and recommendation; and that the City Attomey be instructed to prepare the proper legal documents in connection with advertising a public hearing to be held on Monday, December 16, t996, at 7:00 p.m., in the City Council Chamber. The motion was seconded by Mr. Harris and adopted. Council Member White voted no. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 3:40 p.m., the Mayor declared the meeting in recess. At 4:00 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With respect to the Executive Session just concluded, Mr. Harris 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. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers... 7. NAYS: None OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING DEPARTMENT: The Mayor advised that the terms of office of Grady P. Gregory, Jr., and Stanley G. Brsakell, Jr., as members of the Building Code Appeals Board, Volume II (Building Maintenance Division), expired on November 10, t996, and called for nominations to fill the vacancies. Mr. Parrott placed in nomination the names of Grady P. Gregory, Jr., and Stanley G. Breakell, Jr. 541 ACTION: ACTION: There being no further nominations, Messrs. Gregory and Breakell were reelected as members of the Building Code Appeals Board, Volume II (Building Maintenance Division), for terms ending November t0, 2001, by the following vote: FOR MESSRS. GREGORY AND BREAKELL: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers. -7. OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that the terms of office of Joseph F. Huddleston, III, James G. Pappaa, Shirley M. Bethel, Ronald H. Miller, Charles W. Hancock, and Barbara N. Duerk as members of the Roanoke Neighborhood Partnership Steering Committee will expire on November 30, 1996, and called for nomina~dona to fill the vacancies. Mr. Parrott placed in nomination the names of Joseph F. Huddlaston, III, James G. Pappas, Shirley M. Bethel, Ronald H. Miller, Charles W. Hancock, and Barbara N. Duerk. There being no further nominations, Mr. Huddleston, Mr. Pappas, and Ms. Bethel were reelected for terms ending November 30, 1999; and Mr. Miller, Mr. Hancock, and Ms. Duerk were reelected for terms ending November 30, 1997, as members of the Roanoke Neighborhood Pafbtership Steering Committee, by the following vote: FOR MESSRS. HUDDLESTON, PAPPAS, MILLER, HANCOCK AND MS. BETHEL AND MS. DUERK: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ........ 7. OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The Mayor advised that the term of office of Michael W. Ridenhour as a member of the Advisory Board of Human Development will expire on November 30, 1996, and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Michael W. Ridenhour. There being no further nominations, Mr. Ridenhour was reelected as a member of the Advisory Board of Human Development, for a term ending November 30, 2000, by the following vote: 542 ACTION: ACTION: ACTION: FOR MR. RIDENHOUR: Council Membere Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowar~ 7. OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The Mayor advised that there is a vacancy on the Advisory Board of Human Development created by the resignation of Hareld F. Dill and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Brenda Powell. There being no further nominations, Ma. Powell was elected as a member of the Advisory Board of Human Development, for a term ending November 30, 2000, by the following vote: FOR MS. POWELL: Council Members Treut, White, Wyatt, Harris, Parrott, Swain and Mayor Bowere 7. (Prior to taking the Oath of Office, Ma. Powell declined the appointment.) COMMITTEES-WAR MEMORIAL COMMITTEE: The Mayor advised that there is a vacancy on the War Memorial Com..mittee created by the death of Howard E. Musser and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Robert O. Gray. There being no further nominations, Mr. Gray was elected as a member of the War Memorial Committae to fill the unexpired term of Howard E. Musser, deceased, ending June 30, 1997, by the following vote: FOR MR. GRAY: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowere ...... 7. At 4:05 p.m., the Mayor declared the meeting in recess until 7:00 p.m. At 7:00 p.m., on Monday, November 18, 1996, the Roanoke City Council meeting reconvened in regular session in the City Council Chamber, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowere presiding: PRESENT: Council Members James O. Trout, William White, Sr., Linde F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain 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 Attorney; James D. Grisso, Director of Finance; end Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend Leonard g Hines, Pastor, Faith Gospel Ministries. The Pledge of Allegiance to the Flag of the United States of America was led by Cub Scout Pack No. 2, Raleigh Court Presbyterian Church. 543 SCHOOLS: The Mayor called attention to hie statement at the 2:00 p.m. session of Council with regard to the delay of a recent School Board meeting due to lack of a quorum. He advised that he had discussed the matter with the Chair of the Roanoke City School Board who had assured him that this was a one time occurrence due to certain circumstances beyond the control of School Board members. He advised that representatives of the School Board and City Council will meet prior to the December 2 meeting of Council/School Board/Area Legislators to discuss any misunderstanding or potential conflict. HEARINGS OF CITIZENS UPON PUBLIC MATTERS: None. CITY CODE-ZONING-SPECIAL PERMITS: Pursuantto Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, November 18, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to amendment and revision of Chapter 36.t, ZgDJJI~ Code of the City of Roanoke (1979), as amended, to prevent use, conversion or accessory use of any type of motor vehicle, or components thereof, and trailers from being used for, or converted to, storage structures in 544 residentially zoned areas, and to provide for limited short-term use of tents for various special events or activities throughout the community without the necessity of obtaining s special exception, the matter was before the body. Legal adverdsement of the public hearing was published in The ~ on Saturday, November 2, t996, and Friday, November 8, 1996, and in the ~ on Thursday, November 7, 1996, and Thursday, November 14, 1996. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the first proposed zoning ordinance amendment is to prevent the uae, conversion and accessory uae of any type of motor vehicle, or components thereof, and trailers from being used for or converted to storage structures in residentially zoned areas; and the purpose of the second proposed zoning ordinance amendment is to provide for limited short, term use of tents for various special events or ac~vitiea throughout the community without the necessity of obtaining a special exception from the Board of Zoning Appeals, was before Council. The Planning Commission recommended approval of the proposed amendments, and advised that the first proposed amendment wo. uld help eliminate a sourc.e, of blight in the residential nmghborhooda of the commun,ty; and the second proposed amendment would simplify and expedite the review and approval process regulating the uae of tents for short term events. (For full text, see report on file in the City Clerk's Office.) John R. Mariles, Agent, City Planning Commission, appeared before Council in support of the proposed amendment. Mr. Trout offered the following emergency ordinance: (#33190-111896) AN ORDINANCE amending and reordaining §36.1-25, D_t_TJJli]).~, of Article II, Construction of Lan_auaae and D_~IDJUgJI~ §36.t-412, Temporsw buildina_s, structures, and construction dumasters, of Division 1. ~ of Article IV. ~uor~lementerv Reaulat]ons. and §36.t-531, (~eneral Reauiremente. of 545 ACTION: Division 9. Accessory_ Uses and Structures. of Article IV. SUD_olementaw Reo_ ulations, of Chapter 36.1, ~ of the Code of the City of Roanoke (1979), as amended, to prevent the use, conversion or accessory use of any type of motor vehicle, or components thereof, and trailers from being used for or converted to storage structures in residentially zoned areas, and to provide for limited short-term use of tents for various special events or ac'dvitias throughout the community without the necessity of obtaining s special exception use permit; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 215.) Mr. Trout moved the adoption of Ordinance No. 33190-111896. The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the two proposed amendments. There being none, Ordinance No. 33190-111896 was adopted by the following vote: AYES: Council Members Trout, White, VVyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None 0. REPORTS OF COMMII-rEES: COMMITTEES-COUNCIL-HENRY STREET REVIVAL COMMITTEE: Mayor David A. Bowers, Chairperson, Henry Street Revival Committee, called upon John R. Marllss, Chief of Community Planning and Development, to present the final report of the Henry Street Revival Committee. Mr. Marllas advised that on July 23, 1996, the Committee agreed to sponsor a citizen participation process in response to continuing community concerns regarding the draft Henry Street Land Use Plan; citizen workshops were held st the Roanoke Civic Center Exhibition Hall on August 13, 1996, September t0, t996, and October 28, 1996, which involved a combination of large groups and small break-out sessions; and workshop attendance ranged from 41 to 69 citizens, and the following major issues were expressed: 546 The need involvement project. for more local neighborhood/minority in planning and implementation of the The nccd for more neighborhood-oriented businesses end services (i.e., drug store, community center, etc.). Concerns that the current development strategy, which proposes to lease the land to a "master developer" does not provide sufficient opportunity for the community to invest in the project. Relocation of the Roanoke Redevelopment and Housing Authority administrative offices to Henry Street. Concerns regarding the effects of the proposed Henry Street project on the surrounding residential neighborhood and the future of the Gainsboro neighborhood as a whole. The lack of a facility to conduct community and youth activities. Mr. Marlles further advised that on Wednesday, November 6, 1996, the Henry Street Revival Committee met to consider the public input which had been received to date regarding the draft Henry Street Land Use Plan prepared by Hill Studio, P.C., Performa Entertainment Real Estate, Inc., Barnett and Company, R. L. Price Construction and Thomasine Williams; and following discussion, it was the consensus of the Henry Street Revival Committee to forward the following recommendations to Council for consideration: Approve the disbanding of the existing Mayor's Henry Street Revival Committee, effective November 18, 1996. Create a new entity, possibly a community development corporation or 50t (c)(3) non profit organization, which includes representatives of all major stakeholders (i.e., residents, property owners, financial institutions, City, Roanoke Redevelopment and Housing Authority, etc.). 547 The new entity should have at least 50 per cent mprasentation from the Gsinsbom neighborhood and the African-American community, and shall have a gmatar authority to implement, monitor and enforce the final Henry Street Land Use Plan. The new entity should be given the responsibility of: (1) participating in the preparation of a neighborhood plan for the balance of the Gainsboro neighborhood, and (2) facilitating the completion of the draft Henry Street Land Use Plan, including formulating a new development strategy that encourages African-American and other minority ownership of businesses, structures and land. Authorize, subject to availability of funding, the preparation of a neighborhood plan for the Gsiosboro neighborhood. The proposed neighborhood plan should be comprehensive in nature and should address issues such as housing, transportation, land use, zoning and youth. In respect to the draft Henry Street Land Use Plan, the Committee recommends that: (1) the intent of the draft plan be clarified to provide a mix of restaurant, entertainment, and neighborhood oriented businesses in the Henry Street area; (2) an economic feasibility study be prepared to determine the most appropriate mix of businesses which can be supported in the project area; (3) the nccd for the proposed hotel to be located in the Henry Street project area be re-evaluated; and (4) the draft plan be revised to reflect the adaptive re-use of the Stone Printing building for office use. Consider the feasibility of establishing a center in Gainsbom to provide a focus for neighborhood and youth activities in partnership with the City, the Housing Authority, and the new entity. 548 Request that the City's Director of Finance be responsible for the Henry Street savings account. Following disbanding of the Henry Street Revival Committee, the existing savings account balance should be transferred to a City account for future use in connec~on with the Henry Street Project (see Financial Statement, Attachment H, to the report). Continue work to establish an improved relationship between the Gainsboro neighborhood, Total Action Against Poverty, the Housing Authority, and the City. The M.ayor .advised that no action by Council on the recommendations ,s requested for 90 days to provide sufficient opportunity for additional public comment. (For full text, see report on file in the City Clerk's Office.) Mr. Leroy Lowe, 512 Chestnut Avenue, N. W., appeared before Council on behalf of an organization known as Rebuilding Black Communities and invited the Members of Council to attend a meeting on Wednesday, November 20, at ?:00 p.m. He stated that the community wishes to move forward, and to provide input so that the spirit of the community will be exhibited in the construction and development of Henry Street. The Mayor requested that Mr. Lowe provide the City Clerk with the dates of future meetings of the Rebuilding Black Communities organization. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., called attention to questions with regard to membership of the Henry Street Revival Committee from 1984 to 1996, and inquired as to the entity that was responsible for appointing initial members of the Henry Street Revival Committee. She called attention to numerous other questions; whereupon, the City Manager advised that inasmuch as it was not the intent of Council to take specific action on the report this evening, he would suggest that City staff meet with Ms. Bethel to address her questions. The Mayor requested that Ms. Bethel provide City staff with a list of questions, which she agreed to submit at a later date. 549 Ma. Bethel auggestKI that the mission statement of the Henry Street Revival Committee should be redraftmJ to include an inter- relationship with the Harrison Museum of African-American Culture, and that the Henry Street Land Use Plan be expanded to include its impact on the surrounding residential area. Ms. Helen E. Davis, 35 Patton Avenue, N. E., raised three specific questions: (1) What is meant by atekeholdere, etc., on Page 7, Recommendation (b) of the report of the Henry Street Revival Committee? (2) Would it be possible to have 5t per cent representation from Gaineboro on the community development corporation since this community would be greatly impacted? (3) How many public meetings will be held before City Council approves, rejects or modifies each of the recommendations of the Henry Street Revival Committee? Ms. Davis stated that Mr. Mariles and his staff did a good job responding to questions, however, some of the questions were answered incorrectly. Ms. Vemice J. Law, 1019 Steunton Avenue, N. W., inquired as to when the community development corporation will be appointed and who will be responsible for appointing members. She volunteered to serve on the committee out of a concern for the future of the Gainsboro community. The Reverend Leonard L. Hines, 38t9 Rolling Hills Avenue, N. W., advised that progress is being made, that he liked many of the proposals he saw in the Henry Street Land Use draft plan, that past promises have been made but not honored, and asked that the City's commitment be placed in writing so that the City may be held accountable for its promises. He stated that the community wants to play a vital role in the Henry Street program, and hold some ownership and management. He added that it is hoped that the new management entity will be appointed as soon as possible so that the Henry Street program can move forward in an expeditious manner. 550 ACTION: Ms. Hadassah Stowe, 512 Chestnut Avenue, N. W., advised of a proposal to construct a theatre-house in the former Ebony Club building in honor of a black film maker who was responsible for extensive filming on Henry Street. She explained that the theatre-house would show African-American films and feature programs on black history, and called attention to a 15-pege proposal which will be submitted to the City for consideration. Mr. Nemosio Lacuests, 3925 Green Spring Avenue, N. W., advised that latent hostilities with regard to Henry Street should be recognized. He stated that no mater what kind of dispute is involved, there will be debate, and no matter what kind of debate is involved, there will be disagreement and agreement, however, agreement should be emphasized because by coming to agreement, a level of understanding can be reached as to what is in the best interest of the City. Mr. Trout moved that the report and recommendations be received and filed for a period of 90 days, and that Council authorize the disbanding of the Henry Street Revival Committee. The motion was seconded by Mr. Parrott and unanimously adopted. UNFINISHED BUSINESS: ZONING-ARCHITECTURAl. REVIEW BOARD: Council at its meeting on Monday, September 16, t996, having continued a request of David C. Heischer, Attorney, representing the Episcopal Diocese of Southwestern Virginia, in connection with an Architectural Review Board appeal process to demolish structures located at 1010 and t014 First Street, S. W., the matter was again before the body. The Mayor referred to a communication from Mr. Helecher under date of November 14, 1996, again requesting that the matter be continued in view of numerous delays and uncertainties for a period of 90 days. A communication from Paula Prince, President, Old Southwest, Inc., advising that Old Southwest has no objection to the requested postponement. (For full text, see communications on file in the City Clerk's Off'ice.) OTHER HEARING OF CITIZENS: None. There being no further bueiness, the Mayor declared the meeting adjourned at 8:08 p.m. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 552 ROANOKE CITY COUNCIL--~ROANOKE CITY SCHOOL BOARD December 2, 1996 2:00 p.m. A meeting of the Roanoke City Council, the Roanoke City School Board, and the City's representatives to the 1997 Session of the Virginia General Assembly was called to order on Monday, December 2, t996, at 12:00 noon, in the Emergency Operations Center Conference Room, Room 159, Municipal Building, 215 Church Avenue, S. W, City of Roanoke, with Mayor David A. Bowers presiding. COUNCIL MEMBERS PRESENT: William White, Sr., Linda C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout David A. Bowers F. Wyatt, ~ncl Mayor COUNCIL MEMBERS ABSENT: None OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; William X Parsons, Assistant City Attorney; James D. Grieeo, Director of Finance; and Mary F. Parker, City Clerk. SCHOOL BOARD MEMBERS PRESENT: Harry F. Davis, Charles W. Day, Melinda J. Payne, John H. Saundara, Brian J. Wishneff and Chairperson Maraha W. Ellison 6. SCHOOL BOARD MEMBERS ABSENT: Marilyn L. Curtis OFFICERS PRESENT: E. Wayne Harris, Superintendent of Roanoke City Schools; Richard L. Kelley, Assistant Superintendent for Operations; William X Parson, Attorney to the Roanoke City School Board; and Cindy Ramsuer, Secretary to the Superintendent and Clerk of the Board. LEGISLATORS PRESENT: Senator John S. Edwards, Delegate A. Victor Thomas, and Delegate Clifton A. Woodrum, III. The meeting was opened with a prayer by Council Member C. Nelson Harris. LEGISLATION-CITY CHARTER-COUNCIL-SCHOOLS: Following lunch, the Mayor welcomed Senator Edwards and Delegates Thomas and Woodrum, School Board Members and staff. He advised that the purpose of the meeting was to discuss the 1997 Legislative Program for the City of Roanoke and the Roanoke City 553 Schools. He stated that the Council and the School Board are uniquely positioned to hear the concerns of citizens, the needs of City government, and the school division and to bring tho~e needs to the attention of area legislators in order to improve the quality of life for all citizens of Roanoke City. He explained that the Legislative Program was prepared by the City Attorney with input from Council Members, School Board Members, City and School administrators, and citizens. He expressed appreciation to the Legislative Committee composed of Council Members William White, Sr., Chairperson, John H. Parrott, Vice-Mayor Linda F. Wyatt and School Board Members Brian J. WTshneff and John H. Saunders for working with the City Attorney to prepare the 1997 Legislative Program. The business session convened at 12:35 p.m. On behalf of the School Board, the Chairperson expressed appreciation for the opportunity to meet with Council and the City's rspreesntativee to the 1997 Session of the General Assembly. She expressed appreciation to the legislators for all that they do to secure additional stats funds for education and for student learning initiativoa. The City Attorney presented highlights of the 1997 Legislative Program. His remarks focused primarily on taxation and revenue - oppose repeal of the Business, Professional Occupational License tax, and oppmm repeal of personal property tax; regional issues - support funding of the Urban Partnerehip's incentive fund; economic development- support propesed Higher Education Center; transportation - support creation of a reliable, dedicated source of funding for mass transit; general government - support recodification of Title t5.t, and oppose any reduction of governmental immunity; and Charter Amendment - support conforming the City Charter to the Virginia Public Procurement Act so that the threshold for public advertisement and competition would be raised from $15,000.00 to $30,000.00. Superintsndent Harris presented legislative issues approved by the School Board. He expressed appreciation to Senator Edwards and Delegates Thomas and Woodrum for their ongoing support of public schools throughout the Commonwealth and mo.re specifically th.e schools in the Roanoke area. .He presentsd an overview of rssuee contained m the Schools' portion of the legislative program, which are encompassed in the following categories: (1) (2) (3) (4) (s) educational priorities Standards of Learning pupil services instruction/technology school governance 554 Superintendent Harris also presented copy of the Roanoke City Public Schools Legislative Issues for the Fiscal Year 1996-1998 Biennium. (See report on file in the City Clerk's Office.) Senator Edwards commended Council and the School Board on its joint efforts. He advised that bringing teacher salaries up to the national norm will be a high priority, and full funding of the Stand. ards of Leaming is important. He expressed optimism that this year the State ~flll be able to provide more assistance in the area of capital improvements, nurses in the school system at one per 1,000 students is a good idea, and the Urban Partnerahip is an important initiative which was funded in 1996, and it is hoped that funding will be increased during the 1997 Session and that there will be regional cooperation. He added that the City has initiated the concept of a higher education center in downtown Roanoke and a report will be received in the near futura as to the feasibility of using the GOB North building for the facility, because development of a higher education center will have a positive impact on the Roanoke Valley as a whole. He advised that mass transit will be a difficult issue because the Federal Government is cuing back on mass transit funds, and noted that in 1996, the General Assembly appropriated $1 million for localities such as Roanoke that stand to lose Federal funding, and the City of Roanoke received approximately $100,000.00. He explained that a study commission is reviewing the entire issue of mass transit from a statewide perspective in an effort to reach stetewide solutions to the problem. Delegate Thomas commended the City and the Schools on their efforts, and pointed out that citizens have begun to notice certain changes that have occurred for the good of the community. He advised that 1997 will be a tight year financially because there will be no bonded indebtedness for the next two to three years, with $269 million in revenue to be used to repay a debt which has increased considerably over the last five yeats (an increase of approximately four per cent), thus, the State will closely scrutinize all requests for funds. With regard to the Urban Partnership, he advised that $50 million will be requested and the General Assembly will make a serious effort to provide a certain level of funding, although it will be a miracle if $20 million is approved. He advised that the pay issue for employees of the Commonwealth must be addressed which is going to cost in the range of $65 million. He further advised that it is crucial for funds to be provided in the education budget to update computer software in the schools to keep equipment from becoming obsolete, and he pledged his support with regard to increasing teacher salaries. 555 il Delegate Woodrum commended the City on revitelization .of !ts neighborh..ood~. and revitelization of The Hotel Roanoke, and expressed apprscrs, tion to Councd and to City steff for their leadership efforts. He advised that Council rs on the front lines of democracy where the difficult decisions ars made and he understands the difficulty of the task. He commended the School Board on the Huff Lane Micro Village and renovations at the elementary and middle school levels, and further commended the School Board for what it has accomplished with available funds. At 1:25 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding: PRESENT: Council Members William White, Sr., Linde F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout and Mayor David A. Bowers 7. ABSENT: None OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attomey; James D. Grieeo, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend Samuel D. Belise, Pastor, Penn Forest Church of God. 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 two requests for Executive Sessions to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by Ute Council; and a special award, being the annual t996 Citizen of the Year Award. 556 COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Cede of Virginia (1950), as amended, wes before the body. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. White moved that Council concur in the request of the Mayor to convene in Executive Seesion to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Cede of Virginia (t950), aa amended. The motion wee seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .... 7. HAYS: Nono 0. CITIZEN OF THE YEAR-COUNCIL: A communication from Mayor David A. Bowers .requesting that Council convene in Executive Session to discuss a specml award, being the annual 1996 Citizen of the Year Award, pursuant to Section 2.1-344 (A)(10), Code of Virginia (1950), as amended, was before the bedy. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. White moved that Council concur in the request of the Mayor to convene in Executive Session to discuss a epeciai award, being the annual 1996 Citizen of the Year Award, pursuant to Section 2.1-344 (A)(10), Code of Virginia (1950), as amended. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Whito, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers. . 7. HAYS: None 0. 557 COUNCIL-TELEPHONE EQUIPMENT-VISION STATEMENT: A communication from Council Member 1Nilliam White, Sr., advising that when cuatomem or citizens call in and ara placed on hold in various localities, recorded messages ara played informing citizens about available services aa well as public a®rvios announcements, was befora Council. ACTION: Mr. White suggested that it would be beneficial to citizens to learn about Council's visioning process and other programs and services offerad by the City should they be placed on hold when telephoning City offices, which cost would be nominal; wheraupon, he racommended that Council raquset that the City Manager investigate services which would allow callers to listen fo pra-racorded messages while being placed on hold when telephoning City offices, and raport his findings to Council. (For full t~xt, see communication on file in the City Clerk's Office.) Mr. White moved that the matter be raferrod to the City Manager for study, raport and racommendation to Council. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: None O. TRAFFIC-COMPLAiNTS-STREETS AND ALLEYS: A raport of the City Manager advising that a petition signed by 31 persons requesting installation of a stop sign on Mason Mill Road at 13th Street, N. E., was presentmJ to Council at a regular meeting on Monday, October 7, t996, and subsequently raferrad to the City Manager for investigation and report to Council within 30 days, was befora the body. The City Manager further advised that a stop sign will be installed on the westbound Mason Mill Road approach to 13th Street, N. E., as requested by the petitioner; and the embankment adjacent to the intersection, which craates an unsafe situation, could have been ramoved at a cost of $8,700.00 to alleviate the need for the stop sign, but the petitioner is not in agreement with embankment removal as a solution. (For full text, see raport on file in the City Clerk's Office.) 558 ACTION: Mr. White moved that the report be received and filed. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .... 7. NAYS: Nono .0. BUDGET-BUSES-SCHOOLS: A joint report of the City Manager and the Superintendent of Roanoke City Schools advising that a study of the feasibility of merging public transit and school bus operations was requested by Council at its September 16, 1996 meeting, and a meeting was held on October 10, 1996, to discuss the following issues, was before the body. A 1981 bus consolidation study, conducted by Management Improvement Corporation of America, recommended against consolidation but for cooperation. Both systems have similar peak times. The school system currently utilizes approximately 20,000 one-way passes on Valley Metro each year, plus approximately 75 daily riders on RADAR. Safety issues include: exposing elementary and students to certain adult language, middle school behavior and yellow buses are perceived to be safer, and exposing elderly citizens to certain behavior and language of disruptive students. Consolidating union and non-union employees. School buses and public transit buses are designed differently. There are 138 school buses and 38 public transit buses. 559 Special maintenance needs can be shared. Children need to be transported separately depending on age groups, i.e., elementary, middle school, and high school. In conclusions the City Manager and the Superintendent of Schools recommended that the City continue to follow the 1981 Manage.m. ent Improvement Corporation of America study by cooperating on special b-ansit and maintenance r.=cds, but not attempt to merge the two systems. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. White moved that the report be received and filed. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers -. 7. NAYS: None Oi I MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITI'EE. .Minutx~ of a meeting of the Audit Committee of Roanoke City Council held on Monday, October 7, 1996, ware before the body. The Audit Committee considered the following items: Citizens Services Committee audit report, Substantive Testing - Police Department Cash Funds, Controls Evaluation - Parking Operations, Systems Development - Fixed Assets and Purchasing; and Audit Findings Follow-Up. (For full text, see minutes on file in the City Clerk's Office.) 560 ACTION: Mr. White moved that the minutes be received and filed. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Membere White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowere. 7. NAYS: None 0. CITY EMPLOYEES-BUILDINGS/BUILDING DEPARTMENT- TRAFFIC-ARCHITECTURAL REVIEW BOARD.OATHS OF OFFICE- COMMITTEES: The following reports of qualification were before Council: ACTION: Stephen L. Jamiaon sa a member of the Personnel and Employment Practices Commission for a term of three years ending June 30, 1998; John Dreiling aa an alternate member of the Building Code Appeals Board, Volume I (Building Construction Division); Stephen A. Mancuso and Troy M. White as members of the City of Roanoke Transportation Safety Commission for terms ending October 31, 2000; and David L. Bandy as a member of the Architectural Review Board for a term ending October 1, 2000. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualification be received and filed. The moUon was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: None .... HEARING OF CITIZENS UPON PUBLIC MATTERS: None. 561 PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: EMERGENCY SERVICES-SNOW REMOVAL-STREETS AND ALLEYS: The Director of Public Works presented a briefing with regard to snow and ice emergency preparedness, advising that throughout the year, the City's Public Works Directorate has bccn taking stapa to be prepared for the 1996-97 winter season; the Director of Public Works and the Grounds Maintenance Superintendent attended the 1996 American Public Works Association Annual Snow Conference in Salt Lake City, Utah, on April 14 - t7, t996; and many snowbelt communities practice the technique of "anti-icing", or attacking a snowstorm before frozen precipitation has an opportunity to accumulate, which has caused the City to purchase chemical pra-we~ng equipment. It was further advised that the City has had a formal plan for responding to snow and ice emergencies for approximately 15 years; during the past several months, teams of employees have been working to review and update the document as a training tool for City personnel and as a public education instrument for citizens; Street Maintenance employees ara assigned to cover streets in the northern half of the City, and Grounds Maintenance employees ara assigned to cover streets in the southern half of the City; the City is divided into 16 snow removal areas; equipment and manpower ara assigned to each area simultaneously to assure equal service to all citizens; and streets are plowed according to the following four priorities: major arterial highways and known trouble spots (unusually steep hills and sharp curves), Valley Metro bus routes, school bus routes, and all remaining secondary streets. 562 It was explained that the City has a storage facility at the Public Works Service Center which holds approximately 2,000 tons of salt; during the summer of 1996, City forces constructed an asphalt pad surrounded on three sides with timbers to create space for an additional 1,500 - 2,000 tons of salt; within the current year's Capital Maintenance and Equipment Replacement Program, the City will purchase six additional snow plows and 14 salt spreaders, and all existing spreader trucks will be equipped with a plow; and the City's existing fleet of 21 spreaders will be increased by 60 per cent. It was advised that a new chemical pre-wetting system is being purchased for use in the City's snow and ice removal program; liquid calcium chloride and magnesium chloride can be sprayed onto the rock salt used in normal operations to lower the melting temperature for increased effectiveness during colder weather; the wet-salt will also adhere to bare pavement when applied before snow has begun to accumulate; the straight liquid can be added to City street sweepers which will allow sweeping during freezing temperatures and leave a residue to melt snow and ice as it begins to fall; since liquid chemicals are more costly than rock salt, the new techniques will be used primarily on bridges and trouble spots throughout the City; and on Fri.day, November 8, 1996, all ,m..p!oyees o.f the St~ets and Grounds Ma,ntanance Depa~:.,enta participated ,n a training exercise in preparation for the upcoming winter weather. (See report on file in the City Clerk's Office.) The Mayor inquired as to the feasibility of designating a pilot neighborhood where parking would be allowed on only one side of the street during heavy snowfall, and suggested that the effort be coordinated through the Roanoke Neighborhood Partnership. He also inquired about clearing snow from City Employee parking lots; whereupon, Mr. Clark advised that the task could be accomplished by one of the City's support departments such as Grounds Maintenance, etc. The Mayor expressed concern with regard to environmental issues and damage to the City's infrastructure as a result of the use of pre- wetting chemicals and other types of chemicals used in the snow removal process and inquired about environmental protection measures to prevent seepage into the water supply. The Director of Public Works called attention to the City's practice of flushing on bridges after a snowfall when temperatures remain above freezing to ensure that residues do not accumulate on the concrete and seep into the reinforcing steel. 563 With regard to parking on City streets during heavy snowfall, Mr. Trout suggested sa an altsmative that in even numbered years, vehicles would park on the even numbered aide of the street, and in odd numbered years, vehicles would park on the odd numbered aide of the atrset. ACTION: Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: BUDGET-CITY SHERIFF: The City Manager submitted a written report advising that Constitutional Officers' salaries ars established by the State Compensation Board baaed on population of the locality; the 1990 census count determined that Roanoke City's population dropped below 100,000 persons, which was the threshold for salary leveis of the City's Constitutional Officers; and annual pay raises have continued to be granted by the State to these officiais, regardless of whether they were grandfathersd at the higher salary level. It was further advised that during the 1996 session of the General Asaembly, a salary increase was approved for employees funded by the State Compensation Board of 4.35 per cent, effective December 1, 1996, and a 2.0 per cent incresae, effective December t, 1997; due to a technical omission in the legislation, the positions throughout the Commonwealth of Sheriff, Treasurer and Commissioner of the Revenue, whose salaries were "grandfathersd", were omitted from eligibility for the pay raise; Roanoke City She,;IT W. Alvin Hudson, who has served the City for more than 46 years, wsa impacted by this omission; however, neither the City Treasurer nor the Commissioner of the Revenue were affected, since they assumed office after the 1990 census count, and both the Acting Trssaursr and the Commissioner of the Revenue received a 4.35 per cent raise, effective December 1, 1996. It was explained that only three Sheriffs throughout the Commonwealth of Virginia have been denied the December I pay raise, one of which is the Roanoke City Sheriff, while all other Sheriffs in Virginia received a 4.35 per cent pay raise; and local Delegates A. Victor Thomsa and Clifton A. Woodrum have been contacted, and they have assured Sheriff Hudson that the matter will be corrected when the General Assembly convenes in January 1997. 564 ACTION: The City Manager recommended that Council approve a temporary supplement to the Roanoke City Sheriff's salary, equal to a 4.35 per cent increase, effective December 1, t996, which would be a local cost only until such time as the State budget is amended and the adjustment made reb'osctive to December 1. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#33191-120296) A RESOLUTION providing for a ~mpora~ salary supplement of 4.35 per cent for the Roanoke C,ty Sheriff effective retroactively to December 1, 1996. (For full toxt of Resolution, see Resolution Book No. 59, page 218.) Mr. White moved the adoption of Resolution No. 33191-120296. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers. 7. NAYS: None CHURCH AVENUE PARKING GARAGE-FEE COMPENDIUM- CENTURY STATION PARKING GARAGE-TOWER PARKING GARAGE- WILLIAMSON ROAD PARKING GARAGE-MARKET SQUARE PARKING !eiGi ~E: The Ci~ Ma.na.g..er. eu. bmi?d, written report advising that nas. an.nu_ally eemDImne~ park, ng. feee for the following parking $, which fees were last adjusted ,n May 1996: Century Station Parking Garage Church Avenue Parking Garage Market Square Parking Garage Tower Parking Garage Williameon Road Parking Garage Williamson Road Parking Lot Viaduct Parking Lot 565 It was further advised that perking facility fees for the aboverafarenced facilities should be consistent between facilities in order for the new operator of the parking garages to better control revenues and to utilize attendants more efficientiy, and parking facility fees must be established by Council; whereupon, the City Manager recommended that Council approve the following revised parking fees and that the City Manager, or his designee, be authorized to modif~ or waive the fees for City sponsored events or other special events: Century Station Parkino_ Gara_oe Present p_~ Monthly (unreserved on roof) .......................... $50.00 Monthly (reserved on roof) .............................. 60.00 Monthly (unreserved} ........................................ 60.00 Monthly (reserved) ............................................. 70.00 Monthly (reserved - special contractual obligation) ..................................... 65.75 Short-term .......................................................... N/A * No attendant On duty. $55.00 NA 60.00 70.00 N/A Church Avenue Parkino Garaae Monthly (unreserved on roof) ......................... $45.00 Monthly (unreserved) ...................................... 50.00 Short-Term (Monday through Friday): One Hour ................................................ 0.75 Two Hours .............................................. t.50 Three Hours ........................................... 2.25 Four Hours ............................................. 3.25 Five Hours or more ................................ 4.25 Enter after 4:45 p.m ................................ Free Short-Term (Saturday and Sunday) ................ Free An attendant would remain on duty Monday through Friday from 8:30 a.m. to 9:00 p,m. $45.00 50.00 0.75 1.50 2.25 3.25 4.25 Free Free Market Sa_uare Parkin_a Gars_se Monthly (unreserved on roof) .......................... $55.00 Monthly (reserved on roof) .............................. 60.00 Monthly (unreserved) ....................................... 60.00 Monthly (reserved, special health or safety concerns} ...................... 70.00 $55.00 60.00 70.00 566 Short-Term (Monday through Friday): One Hour ................................................ Two Hours .............................................. Three Hours ........................................... Four Hours ............................................. Five Hours or more ................................ Enter Between 4:45 p.m. and 9:00 p.m. Enter after 9:00 p.m ................................ Short-Term (Saturday and Sunday) ...... 0.75 0.75 .1.50 1.50 2.25 2.25 3.25 3.25 4.25 4.25 1.50 '1.50 Free Free Free Free The garage would no longer have an attendant on duty on Saturday. An attendant would remain on duty Monday through Friday from 8:30 a.m. to 9:00 p.m. TQwer Parkina Gara_oe Monthly (unreserved on roof) .......................... $55.00 Monthly (reserved on roof) .............................. 60.00 Monthly (unreserved) ....................................... 60.00 Monthly (reserved) ............................................ 70.00 Monthly (unreserved - special contractual obligation) .................................... 23.00 $55.00 60.00 70.00 Monthly (reserv.ed -.special contractual obligation) .................................... 65.75 Short-Term (Monday through Fridsy: One Hour. ............................................... 0.75 Two Hours .............................................. 1.50 Three Hours ........................................... 2.25 Four Hours ............................................. 3.25 Five Hours or more ................................ 4.25 Enter after 4:45 p.m .............................. Short-Term (Saturday and Sunday) ................ 0.75 1.50 2.25 3.25 4.25 Free Free Fr~ An attendant would remain on duty Monday through Friday from 8:30 a.m. to 9:00 p.m. Williamson Road Parkin_a Garaa_e Monthly (unreserved on roof) .......................... $45.00 $45.00 Monthly (unreserved on side lot) .................... 47.50 47.50 Monthly (unreserved) ....................................... 50.00 50.00 Short-Term ....................................................... N/A NIA The garage would remain without an attendant on duty. 567 ACTION: Williamaon Road Parkin_o Lot Monthly (unreserved) ...................................... $47.50 Short-Term ...................................................... N/A The lot would remain without an attendant on duty. $47.50 NIA Monthly (unreserved) ..................................... Short-Term (Monday through Friday): One hour ............................................... Two houre ............................................. Three hours ........................................... Four houre ............................................. Five hours or more ................................ Enter between 4:45 p.m. and 9:00 p.m. Enter after 9:00 p.m ............................... $47.50 $47.50 $t.00 $0.75 $2.00 1.50 3.00 2.25 4.00 3.25 5.00 4.25 1.00 t .50 1.00 Free Short-Term (Saturday and Sunday) ............................................. Free The lot would be aeeigned an atfendant on duty Monday through Friday 8:30 a.m. to 9:00 p.m. Fgr ~III monthly Darkina rates: A "grace" period of the first seven calendar days of the month will be allowed for the remittance of that month's parking fees. Payments received on the eighth calendar day or thereafter will be assessed a $5.00 late fee in addition to the monthly (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (~33192-120296) A RESOLUTION providing foran amendment of the fees charged at Century Station Parking Garage, Church Avenue Parking Garage, Market Square Parking Garage, Tower Parking Garage, Williamson Road Parking Garage, Williamaon Road Parking Lot, and Viaduct Parking Lot; and directing amendment of the Fee Compendium. (For full text of Resolution, see Resolution Book No. 59, page 219.) Mr. Swain moved the adoption of Resolution No. 33192-120296. The motion was seconded by Mr. Trout. 568 The Vice-Mayor requested a breakdown on the percentage of occupancy of City parking garages. She advised that if there are available perking specss in the parking garages, top priority for use should be given to those City employees who work late shifts in downtown Roanoke. Following discussion with regard to free parking and whether perking garage attendants are on duty during periods of free parking, whether parking garage attendants are part-time or full-time staff, and methods of recruitment of parking garage attendants, Ordinance No. 33192-120296 wes adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers -~. NAYS: None BUSES-CHURCH AVENUE PARKING GARAGE-FEE COMPENDIUM-CENTURY STATION PARKING GARAGE-TOWER PARKING GARAGE-WILUAMSON ROAD PARKING GARAGE-MARKET SQUARE PARKING GARAGE: The City Manager submitted a written report advising that Council establishes policies which guide management and operation of 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 Itwss further advised that prior to Septamber 29, 1996, the City contracted with Republic Parking Systems to operate the parking faciiitiss and with the Greater Roanoke Transit Company (GRTC) to oversee the contract; racentiy, the City's Municipal Auditing Depa,~-,~ent issued findings that certain areas of revenue control required improvement; specifically, the audit found inconsistent use of visor tags by monthly parkers and possible "pass back" abuse of card keys (i. s., more than one vehicle enters or exits a garage using a single card key which the first vehicle passes back to those behind it); current 569 ACTION: parking policy (explained to each monthly parker in the parking contract) requires a valid visor tag to be displayed at all times when a vehicle is parked in a garage or lot; payment must be received for the month's parking prior to the issuance of the visor tag; since September 29, 1996, the Greater Roanoke Transit Company has assumed responsibility for operation of the parking facilities; and in order to address the findings noted in the intamal audit, GRTC seeks clear guidance from Council regarding the nature of improvements to be made in revenue control. The City Manager recommended that Council require strict adherence to the current policy that all monthly parkers must display a valid visor tag st all times when a vehicle is parked in a City garage or lot, effective January t, 1997. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Swain and unanimously adopted. BUDGET-SEWERS AND STORM DRAINS-CAPITAL IMPROVEMENTS PROGRAM-FLEET MAINTENANCE FUND-SNOW REMOVAL-EQUIPMENT-STREETS AND ALLEYS-PUBLIC WORKS: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need to replace the following equipment: one new high velocity waste removal unit which, through high velocity spray mechanisms and vacuum system, is used to clean and maintain storm drains; and six dump l=ucks for street maintenance eewices, including snow removal activities. The City Manager recommended that Council concur in the following actions: Accept the lowest responsible bids and authorize issuance of purchase orders for the following: 570 ACTION: one new cab/chassis for high velocity waste removal unit from Highway Motors, Inc., at a total cost of $51,276.99; one new high velocity waste removal unit to be mountad on above cab/chassis, from Cavalier Equipment Co., at a total cost of $90,320.00; two new medium dump truck cab/chassis from Magic City Motor Corporation, at a total cost of $86,186.34; and four tan-ton dump truck cab/chassis from Highway Motors, Inc., at a total coat of $t78,730.04. Reject all other bids received by the City. Transfer $227,784.00 from Fleet Management Prior Year Retained Earnings Account to Fleet Management Account No. 017.052-2642-9010. {For full text, see report on file in the City Clerk's Ofl~ce.) Mr. Parrott offered the following emergency budget ordinance: (~33193-120296) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Fleet Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, aee Ordinance Book No. 59, page 223.) Mr. Parrott moved the adoption of Ordinance No. 33t93-120296. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, and Trout $' NAYS: None / (Mayor Bowers abstained from voting.) 571 ACTION: Mr. Parrott offered the following resolution: (#33194-120296) A RESOLUTION eccapting bids for the purchase of vehicular equipment, upon certain terms and conditions; and rejecting all other bide made for euch items. (For full text of Resolution, see Resolution Book No. 59, page 224.) Mr. ParTott moved the adoption of Resolution No. 33194-120296. The motion was escondsd by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harrie, Parrott, Swain, and Trout 6. NAYS: Nono O. (Mayor Bowers abstained from voting.) BUDGET-FIRE DEPARTMENT-EMERGENCY SERVICES-GRANTS- EQUIPMENT: The City Manager submitted a written report advising that in August 1994, Council authorized the City Manager to enter into a two- year agreement with the Commonwealth of Virginia Department of Emergency Services (VDES) to continue fumiehing a Level III Regional Hazardous Materials Response Team and to respond to calls, at the request of VDES, within a designated region of the State; the Roanoke Valley has been identified by the Virginia Depa(b,,ent of Emergency Services as being at high risk for accidents involving hazardous materials due to the high volume of chemicals being transported through the City on the interstate and State highway systems, the railroad and the regional airport; in addition, 25 companies are physically located within the City that manufacture, store or transport extremely hazardous substances which fall under the SARA Title III reporting requirements; and the City Manager and the State Coordinator of Emergency Services will enter into this agreement which is effective until June 30, 1998, unless terminated upon 30 days written notice by either party. It was explained that the Virginia Department of Emergency Services has requested that an extended contract/agreement be entered into beginning July 1, 1996, for a two-yesr period; Council approval and authorization to enter into such a contract/agreement is 572 ACTION: required if the City wishes to participate in the "Regional Response Team"; and pass through funding totalling $15,000.00 has been received from VDES by the City and deposited in Revenue Account No. 035-036-1234-7067. The City Manager recommended that Council concur in the following actions: authorize the City Manager to enter into a two-year contract/~ree-way agreement with the Commonwealth of Virginia, Deparl,,,ent of Emergency Services, to participate in a Regional Hazardous Materials Response Team for a period of two years beginning July 1, 1996, with the option to terminate upon 30 days written notice, said agreement to be in a form approved by the City Attorney; and accept the Hazardous Materials Regional Response Team Grant, in the amount of $15,000,00, and authorize execution of a grant agreement between the Virginia Depa,t,~,ent of Emergency Services, the City of Salem and the City of Roanoke, and appropriate funds to Other Equipment under the H=~=rdous Materials Response Team Grant, Account Ho. 035-050-3220-2035. (For full taxt, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (~33195-120296) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 225.) Mr. Swain moved the adoption of Ordinance No. 33195-120296. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: Non: 0. 573 Mr. Swain offered the following resolution: (#33196-120296) A RESOLUTION authorizing the City Manager to enter into a two-year contract with the Commonwealth of Virginia Department of Emergency Services to participate in a Regional Hazardous Materials Response Team, accepting a certain Hazardous Matedais Regional Response Team Grant from the Virginia Department of Emergency Services, and authorizing execution of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 59, page 226.) ACTION: Mr. Swain moved the adoption of Resolution No. 33196-120296. The motion wes seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ... 7. NAYS: None O. BUDGET-HUMAN DEVELOPMENT-GRANTS-JUVENILE CORRECTIONAL FACILITIES-YOUTH: The City Manager aubmitted a written report advising that the Office on Youth Grant wes first officially awarded to the City under the Virginia Delinquency Prevention and Youth Development Act on June 17, 1980; fiscal year t996-97 renewal application for the Office on Youth was submitted to the Deparb¥~ent of Juvenile Justice in June 1996; the original total grant budget of $59,582.00 required a local cash match of $32,498.00; Council approved funding for continuation of the Office on Youth on August 5, 1996, pursuant to Resolution No. 33069-080596 and Ordinance No. 33068- 080596; and the grant application has been approved by the Department of Juvenile Justice; however, an additional amount of $2,974.00 has been awarded to the Office on Youth. The City Manager recommended that Council concur in the following actions: accept the Virginia Delinquency Prevention and Youth Development Act Grant No. 96-1-16 from the Depa,b,,ent of Juvenile Justice through execution of the proper form by the City Manager or his designee; and 574 ACTION: ACTION: appropriate an additional amount of $2,974.00 from the State to Account No. 0354)54-8834-1002 and increase the Grant Fund revenue estimate in Account No. 0354)35- 1234-7221 by $2,974.00. (For full text, see report on file in the City Clerk'e Office.) Mr. Harris offered the following emergency budget ordinance: (~33197-120296) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 227.) Mr. Harris moved the adoption of Ordinance No. 33197-120296. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members INhita, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .. 7. NAYS: None 0. Mr. Harris offered the following resolution: (#33198-120296) A RESOLUTION authorizing acceptance of additional Virginia Delinquency Prevention and Youth Development Act Grant funds from the Virginia Department of Juvenile Justice 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 taws, regulations, and requirements pertaining thereto. (For full text of Resolution, see Resolution Book No. 59, page 228.) Mr. Harris moved the adoption of Resolution No. 33198-120296. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wttite, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .......... NAYS: None 0. 575 FRANCHISES-CITY PROPERTY-SPECIAL PERMITS- COMMUNICATIONS DEPARTMENT-LICENSES-TELEPHONE EQUIPMENT-BELL ATLANTIC-VA, INC.: The City Manager submitted a written report advising that in January 1996, a representative of KMC SouthEast Corp., a parent company of KMC Telecom of Virginia, Inc., (KMC), met with City representatives to discuss construction, maintenance, and operation of talecommunications facilities in the City righta-of-way to provide telecommunications services within the City; in April 1996, representatives from American Communications Services, Inc., parent company to American Communications Services of Virginia, Inc., (ACSI) met with City representatives to discuss ACSI'a construction, maintenance and operation of telecommunications facilities in the City rights-of-way to provide telecommunications services within the City; itwae determined to be in the beet interest of the City to retain consultants in the telecommunications field to determine what procedures the City should follow in dealing with the requests from KMC and ACSI; and after conferring with the consultants, it was determined that a telecommunications regulatory ordinance and license/franchise agreement should be drafted and presented to the various carriers for comments. It was explained that in view of some of the issues raised by the comments, the unsettled nature of the interpretation of the new Act, and differing views that the cartiere were taking concerning certain provisions of the new Act, the City decided to obtain additional input from the various telecommunications carriers, other localities and jurisdictions, and the consultants before a final telecommunications regulatory ordinance and license/franchiss agreement can be recommended for adoption by Council, which process will take several months to complete because of the complexity of the issues involved and the number of participants involved; both KMC and ACSI requested temporary license agreements to allow them to start construction and operation of their telecommunications facilities in the City, pending adoption of a final ordinance and agreement; and after discussing the requests of KMC and ACSI and receiving a recommendation from the consultants that temporary license agreements may be provided to any telecommunications carriers wishing to enter the market prior to adoption of a final ordinance and agreement by the City, it is recommended that temporary nonexclusive license agreements be offered to the carriers. 576 ACTION: The City Manager recommended that Council authorize appropriate City officials to execute and attest a separate temporary nonexclusive revocable license agreement with KMC Telecom of Virginia, Inc., and American CommunicalJons Services of Virginia, Inc,, in subetantJally the same form as the agreement transmitted with the report, such form to be approved by the City Attorney, authorizing KMC and ACSI to construct, maintain, and oporata telecommunications facilities in, over and across those portions of the public ways within the City as described in the route diagrams to be filed by KMC and ACSI and approved by the City Manager, or his designee, and that the term of the temporary license agreement be for 12 months, or until the City adopts a telecommunications regulatory ordinance and license/ franchise agreement, whichever occurs fireL (For full text, see report on file in the City Clerk's Office.) Mr. Parrot/moved that the following ordinance be placed upon its first reading: (~33199) AN ORDINANCE authorizing the City Manager to execute on behalf of the City Temporary Nonexclusive Revocable License Ag .r~. mente with KMC Telecom of Virginia, Inc., and American Communication Services of Virginia, Inc., for the construction, maintenance, and operation of telecommunications facilities in the City's righte-of-way. (For full text of Ordinance, see Ordinance Book No. 59, page 229.) The motion was seconded by Mr. Swain. The City Attorney advised that on this date (December 2, t996), he learned of objections of Bell Atlantic of Virginia in regard to the City entering into a temporary license agreement with the applicant firms, that Bell Atlantic has provided a statement including six grounds of objection, and explained that the City has not had sufficient time to address the concerns. He further explained that Ordinance No. 33199, which is presently on the floor for consideration, does not include an emergency clause, therefore, the ordinance will require a second reading on Monday, December 16, 1996, and suggested that City staff be given the two weeks between the first and second readings of the ordinance to address the objections of Bell Atlantic. and the City Attorney. He further advised that the City Attorney has assured him that the concerns will be discussed prior to the second reading of the ordinance which i~ scheduled for Monday, December 16, and it is his understanding that if the concerns have not been resolved prior to the second reading of the ordinance, he will have the opportunity to appear before Council end present the objections of Bell Atlantic at that time. George Cumming, representing American Communications Services of Virginia, Inc., 2225 West Grace Street, Richmond, Virginia, advised that ACSI has been working with the City since April to resolve numerous difficult issues with regard to its request for an interim agreement which will allow ACSI to enter into competition within the City of Roanoke. He stated that ACSI will be in competition with Bell Attiantic on certain aspects of the telecommunications field inasmuch as they ars a telephone company and offer access to long distance companies similar to the service currently provided by Bell Atiantic. He i explained that ACSI is an established company which will be operating in approximately 30 cities b.y the end of .December, and it has developed a good working relationship with cities across the southeast and southwest United States. James Gillie, representing KMC SouthEast Corporation, Roawell, Georgia, advised that KMC is excited about locating in the Roanoke area and wishes to compete on the local exchange for customers and to bring competition to the Roanoke market and outiining communities. He stated that Roanoke will provide a healthy environment, and KMC looks forward to being a part of the community by generating new jobs, participating in community activities, and becoming part of a thriving regional activity. Following further discussion and questions, Ordinance No. 33199 was adopted, on its first reading, by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White, and Mayor Bowers 7. HAYS: None 0. 578 ACTION: ACTION: DIRECTOR OF FINANCE: IRECTOR OF FiNANCE-AUDITS/FINANCIAL REPORTS: The O ..... ,---:".~ the Financial Report for the City of Dil~ctor 01' i-inance su~.,,~-~. Roanoke for the month of October 1996. (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. AUDITSlFINANCIAL REPORTS-PENSIONS: T. he Director of - .. AA..~,,,,=,t Unit Annual Financ,al Report of the Finance presentmJ me ~,,,,,,~. .... .' -:* ........... ,-- ~-,-* =u-d city o,.--nok, p.nsio. P,.., a.. ~ethe orovider of monthly pension. _. ,__ -, .~4 ,-,,~,~nt nefici;Iriee and .future .m_tire?_e_nL_~be.n.e.n,,~S~ra[:; ee~' the Pension 1rUSt I-una ean,~, .. -_---.-= __ --~. employ , .......... , ,.,;,k a nye-veer average ,au, fiscal year t996 equal to ~:).= p-~ ~.-,,,, .... m of 12.8 per cent; the June 30, 1996 Actuarial Evaluation retu .......... ,..-.~-, ,;-bilifv of the Pension Plan Trust Fund is Fund ~., depenoent po . commitment to fund the actuarial contribution rate recommended I annually. (For full text, see report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the report would be received and filed. REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ..... ~-~vc~J~CFNSES: Ordinance No. 33184 amend.!ng CITY COut:-,,--- ...... Article Section 19-1.1, n[ntent of t~is c.haDter: levv and Duroose of tax. of I, ~ of Chapter 19, [.jiT~aJL~. of the Code of th.e City of Roanoke (t979), aa amanda.d, in connection with the Business, Professional and Occupational License Tax to exempt flat fees from the -[ 579 ACTION: ACTION: ACTION: issuance fee, having previously been before the Council for its first reading on Monday, November 18, 1996, 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: (#33184-120296) AN ORDINANCE amending §19-t.1, Intent of this chaDtsr: law and _~uroose of tax. of Arlicle I, ~ of Chapter 19, UGB]~Li:]~I~L~);I~ of the Code of the City of Roanoke (1979), as amended; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 59, page 217.) Mr. Parrott moved the adoption of Ordinance No. 33184-120296. The motion was seconded by Mr. Harris and adopted by the following vots: AYES: Council Membere White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .. 7. NAYS: None 0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTS OF ACKHOWLEDGEMENT-SPORTS ACTIVITIES-ROANOKE CITY BOXING ASSOC.: Council Member Trout read a communication from Thomas Hearrm expressing appreciation for the City's hospitality in connection with the Thomas Heerne World Boxing Tour. (For full text, see communication on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the communication would be received and filed. COMMITTEES-BRIDGES-PLANNING: Mr. White moved that the matter of naming the Second Street/Gainaboro Road Bridge and the Peters Creek Road Extension Bridge be referred to the City Planning Commission for study, report and recommendation to Council. The motion was seconded by Ms. Wyatt and unanimously adopted. 58O ACTION: COMPLAINTS-VICTORY STADIUM: Council Member Swain expressed concem with regard to a section of Victory Stadium that has been roped off for an extended period of time; whereupon, the Director of Public Works advised that the masonry facade which projects above the top of the stands on either end exhibited signs of movement that appears to have resulted from moisture entering the mortar joints during freeze/thaw cycles over the past years, and City staff ia in the process of evaluating the type and amount of work that may be needed. The Mayor suggested that Council Member Swain be provided with a briefing on the matter. CITY GOVERNMENT-GREENWAY SYSTEM-TELEPHONE EQUIPMENT: The Mayor requested that a communication from Valley Beautiful under date of November 26, 1996, with regard to appointment of a task force to development guidelines, which would foster adequate cellular coverage with the least visible impact on the surrounding area, be referred to the City Manager for appropriate response on behalf of Council. (For full text, see communication on file in the City Clerk's Office.) HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 3:40 p.m., the Mayor declared the meeting in recess. At 4:25 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, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (t) only public business matters lawfully exempted from open meeting requirements under the Virginia Fro. edom 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 wes seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: None 581 ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-PLANNING: The Mayor advised that the term of office of Barbara N. Duerk as a member of the City Planning Commission will expire on December 3t, 1996, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Barbara N. Duerk. There being no further nominations, Ms. Duerk was reelected as a member of the City Planning Commission, for a term ending December 31, 2000, by the following vote: FOR MS. DUERK: Council Members White, Wyatt, Harris, Perrott, Swain, Trout and Mayor Bowers 7. OATHS OF OFFICE-COMMITTEES-FIFTH PLANNING DISTRICT COMMISSION: The Mayor advised that the term of office of David K. Lisk as a member of the Fifth Planning District Commission will expire on December 3t, 1996, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of David K. Lisk. There being no further nomina~ons, Mr. Lisk was reelected as a member of the Fifth Planning District Commission, for ate,,-,; ending December 31, 1999, by the following vote: FOR MR. LISK: Council Members White, Wyatt, Harris, Parrott, Swain, Trout 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 Janie P. Wheeler and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Barbara I. ashley. There being no furU,er nominations, MS. I.ashley was elected as a member of the Roanoke Arts Commission, to fill the unexpired term of Janie P. Wheeler, resigned, ending June 30, 1999, by the following vote: ACTION: FOR MS. LASHLEY: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ...... 7. 582 There being no further business, the Mayor declared the meeting adjourned at 4:30 p.m. APPROVED ATi'EST: Mary F. Parker City Clerk Mayor