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Reel 1326 (12/16/1996- 6/15/98)
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL December 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, December 16, t996, at 12:30 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, J~ of Section 2-t5, ~JJ~.P_l/iG~bJ/~ Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Linda 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 ..... Ow 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 Sandra H. Eakin, Deputy City. Clerk. I At 12:3t p.m., the Mayor declared the meeting ~n recess. At 12:35 p.m., the meeting roconvened in the Emergency Operations Center Conference Room, Room 159, Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL-CITY GOVERNMENT-VISION STATEMENT: Council Member White advised that City Council and staff have been working on the City's Vision Statement during the past t8 months, and the purpsse of the briefing was to review the status of the Visioning "Roll-out" Process. Vice-Mayor Wyatt pointed out that the Vision Statement is a continuous process, and explained the Visioning "Roll-out" Process expectations and guidelines, as follows: 2 To promote an understanding by citizens, employees end management that '~ve are ell in this together", end must Issm to solve community probleme together. To identify specific changes needed in the community to realize our vision. To establish the concept that this is a '~vork in progress", and can always be changed. The process will not be perfect, and mistakes will be made for the sake of becoming a better community. To establish a framework., for accomplishment so that we can measure progress toward achievement of our vision. Guidelines: All members of City Council will provide leadership for the visioning process. The planning cycle for the visioning process is ss follows: Review, and possible refocus, of the vision statements by City Council at a minimum every two years, Review of progress made in implementing strategies, goals and objectives annually as part of the budget dnvelopment process. The "vision", including related strategies, goals and object~vee, will begin to be integrated in the budget development process for fiscal year 1997-98. A multi-facetad approach will be used to involve the community in the vision roll-out process: Facilitated group meetings with key stakeholder groups and the community at large (group process). Survey forms distributed through the newspaper, libraries and other public places, or by mail. Electronic survey forms distributed through the City's new Intemet Home Page, or by fax or e-mail. Involvement of school student through a creating writing assignment sponsored by PTA's. Use of the City Page to educate and inform during the "roll-out" process. City Council Members will be polled to determine their interest in serving the visioning group process as a facilitation or recorder. Skills training will be provided for Council Members wishing to be involved. Community representatives trained in facilitating group process will be asked to team with City Council Members to facilitate and record at group meetings. City Council Members will meet with the Leadership Team at their August 28-29 meeting to: Educate team members on Council's visioning process. Discuss how the team Gan assist Council in the roll-out. Vice-Mayor Wyatt stated that it is anticipated that Council and City staff will hold facilitated group meetings with stakeholder groups and the public at large, ask for volunteers to lead or serve on "vision implementation teams" in collaboration with City Council and the City's Leadership Team, with their joint goal being the development and implementation of vision strategies, goals and objectives to achieve our vision; and City Council empowers the vision teams to go to work and provide the necessary support and resources. She advised that suggested questions for the group process are as follows: 4 '~/hat do you value moat about living (or working) in Roanoke? Or Why do you choose to live (or work) :n Roanoke?" After reviewing City Council's draft vision: "What needs to happen in Roanoke for this vision to be realized?" Mr. White advised that four separate workshops should bo held to address Council's four vision categories individually, viz: Effective Government, Economy, Education, and Quality of Life; and suggested meeting dates, times and locations are: January 11, 1997 January t8, 1997 February t, t997 February 22, 1997 Civic Center Auditorium Civic Center Auditorium Jefferson Canter Fitzpatrick Hall Jefferson Center Fitzpatrick Hall Mr. White explained that invitations will be mailed to each stakeholder group announcing the workshop schedule and pointad out the need for workshop support resources, i.e., all Council Members should attend the workshops and are encouraged to serve aa a facilitator, recorder or observer during the small group process; and community representatives and Leadership Team members will also be recruited to serve as facilitators and recorders. It wee further advised that the workshop agenda should include a welcome by the Mayor or a Member of Council, discussion of the Council's Visioning process by Vice-Mayor Wyatt or Mr. White, small group discussions, small group reports to the entire group, and cloaing remarks by the Mayor or a Member of Council. Mr. White stated that other ways citizens can respond to questions considered by the workshop partJcipsnta include a mail-in response to be published in the City Page and a Home Page article on the CityWeb with an opportunity to respond via elecbonic mail. He explained that following the workshops, staff can compile results of the workshops, compare the results with Council's list of strategies developed as part of its visioning process, and present a non-duplicative list of goals, objectives and strategies for Council's consideration; Council also needs to review the goals, objectives and strategies developed as part of the community visioning process conducted in t993; Council must then reach consensus on those goals, objectives and stratagiss to be "handed off" to staff for implementation with appropriate stakeholder involvement; that in order for Council to support the visioning effort, Council needs to continue to be supportive of its visioning process, and commit the necessary resources to help make our vision a reality; the realization of our vision needs to become part of our workpisn; and in order for Council to monitor progress 5 ;TION: towards implementation, Council needs to be kept informed by implementation teams through regular progress reporting, possibly on a quarterly basis. Review of progress in implementing strategies can also be conducted annually es part of Council's budget development process; and Council ncc;is to re-visit, and possibly refocus, its vision on a recurring basis, preferably every two years. Vice-Mayor Wyatt stated that the target data to handoff the process to the staff is approximately the middle of March 1997. Without objection by Council, the Mayor advised that the briefing would be received and filed. At 12:57 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 raconvened 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 Linda 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 e 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 rsconvened meeting was opened with a prayer by The Reverend Cedric E. Malone, Pastor, Greater Mountain Zion Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The Mayor advised that all matters listod 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 ACTION: ACTION: called specific attention to a request for an Executive Session to discuss pereonnel mattere with regard to vacancies on various authorities, beards, commissions and committees appointed by the Council. MINUTES: Minutes of the regular meetings of Council held on Tuesday, September 3, 1996, and Monday, September 16, 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. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Boware 7. NAYS: None 0. 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), 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, 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. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None 0. 7 TRAFFI_C.-COMPLAINTS-YOUTH-STREETS AND ALLEYS: A report of the City Manager advising that during the October 23, 1996 Council meeting The Reverend Johnny Stone of the Hill Street Baptist Church spoke to Council with regard to pedestrian and vehicle safety along Melrose Avenue, N. W., and the possible need for a warning signal near the Northwest Child Development Center to improve pedestrian safety, wee before the body. The City Manager further advised that Robert K. Bengteon, Traffic Engineer, and George C. Snsad, Jr., Director of Public Safety, met with Reverend Stone and Audrey Wheaton, Director of the Northwest Child Development Center, to discuss existing conditions as they relate to pedestrian safety in this area; and the Traffic Engineering Depai'b~ent reviewed the options and determined the following actions could be taken to improve both pedestrian and vehicle safety: A double yellow centerline could be peinbKI from 11th Street, N. W., to Salem Turnpike; and since this is a weather and temperature dependent operation, the work will need to be done during the summer of 1997. The size of the first speed limit sign in each direction will be increased to improve the visibility of the sign. Additional playground warning signs will be installed along eastbound Melrose Avenue, near Northwest Child Development Center, along wes~ound Melrose Avenue, near Melrose Park. It was explained that Mr. Snead reviewed the proposed improvements with Reverend Stone and Ma. Wltsaton, who were both supportive of the improvements. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. White moved that the report would be received and filed. The motion wes seconded by Mr. Swain and adoptmJ by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None 0. 8 ACTION: BUDG. ET: A report of the City Manager recommending approval of the followl.ng propoeed budget study schedule for fiscal year 1997-98 and that action be taken on Monday, January 6, 1997, to formally approve the ecbedule, was before Council. April 21, 1997 April 21, t997 BUDGET PREPARATION ACTIVITIES Public presentation of fiscal year 1997- 98 recommended budget, and update to the Consolidated Plan (Grants budget) to City Council by the City Manager. Advertisements of public hearings on recommended budget, tax rates and Consolidated Plan update appear in newspapers. May 5, 1997 Public hearings on recommended budget, tax rates end update to the Consolidated Plan. May 6 - 9, t997 City Council budget study work eeeelOR$. May 12, 1997 City Council adopts General Fund, School Fund end Proprietary Fund budgets, and approves an annual appropriation ordinance and adopts the update to the Consolidated Plan. (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. Swain end adoptecl by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None 0. 9 ACTION: ACTION: CAPITAL IMPROVEMENTS PROGRAM: A joint report of the City Manager and the Director of Finance advising that during the past months, they have been updating information on the existing Capital Improvement Program (CIP) projects and gathering information on new capital requests to enable Couocii to have complete and current information on which to base decisions regarding the next Capital Improvement Program; given the fact that there is · relatively short period of time to develop a CIP, City staff have debated and recommended a sequence of events to move forward in achieving Council's vision of being a participatory and facilitative government, and the City Manager and the Director of Finance recommended that Council concur in the proposed process for developing the Capital Improvement Program, wee before the body. (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 and the Director of Finance. The motion was seconded by Mr. Swain end adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None 0. BUILDINGS/BUILDING DEPARTMENT4NDUSTRIES-HUMAN DEVELOPMENT-FIFTH PLANNING DISTRICT COMMISSION-OATHS OF OFFICE-COMMII'I'EES: The following reports of qualification were before Council: Stanley G. Braakell, Jr., as a member of the Building Cods Appeals Board, Volume II (Building Maintenance Division), for a term of five years ending November 10, 200t; Samuel H. McGhee, III, as a Director of the Industrial Development Authority of the City of Roanoke, for a term of four years commencing October 21, 1996, and expiring October 20, 2000; Michael W. Ridenhour as a member of the Advisory Board of Human Development for a term ending November 30, 2000; and 10 ACTION: ACTION: David K. Lisk as a member of the Fifth Planning District Commission for a term ending December 3t, 1999. (See Oaths or Affirmation~ of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualification 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. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATI'ERS: ZONING-LANDMARKS/HISTORIC PRESERVATION- ARCHITECTURAL REVIEW BOARD: A communication from Edward A. Natt, Attorney, representing Maple Avenue Associates, Inc., transmitting a petition appealing a decision of the Architectural Review Board relative to a request to demolish the structure located at 1422 Maple Avenue, S. W., was before Council. (For full text, see communication and petition on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that at the request of the petitioner's attomey, the matter would be continued until the regular meeting of Council on Tuesday, January 21, 1997, at 7:00 p.m. PETITIONS AND COMMUNICATIONS: BUDGET-COMMONWEALTH'S ATTORNEY-CITY EMPLOYEES: A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, advising that the Commonwealth Attorney's 1996-97 budget requsst submitted to the State Compensation Board did not include additional personnel requeste; and the Commonwealth Attorney's t996-97 budget as approved by the State Compensation Board included a new Assistant Attomey I posit]on at an annual salary of $34,173.00; however, the budget as approved by Council did not provide funding for the position, was before the body. Tho Commonwealth's Attorney recommended that Council concur in the following acUons: accept the funding provided by the State Compensation Board, in the amount of $18,959.00, for the Assistant Attorney I position; increase the revenue estimate for shared expenses - Commonwealth's Attorney, Account No. 0014)20-1234- 0610, in the amount of $18,959.00; and authorize an additional position in the Office of the Commonwealth's Attorney and appropriate the Compensation Board approved funds, in the amount of $18,959.00, and transfer $6,882.00 from the General Fund Contingency Account No. 00t4)02-9410-2199, to the following accounts in the Commonwealth Attorney's budget: Account No. 001-026-2210-1002 Account No. 001-026-2210-1120 Account No. 001-026-2210-1105 Account No. 00t -026-2210-tt 25 Account No. 001-026-2210-1126 Account No. 001-026-2210-1131 Regular Salaries $20,796.00 FICA 1,591.00 City Retirement 2,391.00 Medical Insurance 954.00 Dental Insurance 57.00 Disability Insurance 52.00 A report of the City Manager concurring in the recommendation was also before Council. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (~33200-121696) 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 230.) 12 ACTION: Mr. Swain moved the adoption of Ordinance No. 33200-121696. The motion was seconded by Mr. White and adopted by the following vote: ACTION: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: Non.- 0. BU. DGET-GRANTS-CMERP-SCHOOLS-EQUIPMENT: A communication from the Roanoke City School Board requesting appropriation of $99,519.00 from the 1996-97 Capital Maintenance and Equipment Replacement Fund, which funds will be used for music instrument replacement, administrative technology computer purchases, replacement of facilities equipment, purchase of playground equipment and purchase of furniture and equipment at Stonewall Jackson Middle School; and further requesting an additional appropriation of $45,250.00 for Grant No. 6931 for the Project Success Program to utilize contributions to establish a joint venture between Roanoke City Public Schoob, area colleges and area businesses, was before Council. A report of the Director of Finance concurring in the requests of the School Board, advising that the appropriation will be the fifth appropriation of the School Board's fiscal year 1996 Capital Maintenance and Equipment Rap?cement Program funding of $2,132,372.00, lesving an unappropriated balance of $775,834.00, was also before Council. (For full taxt, aes communication and report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (~33201-121696) AN ORDINANCE to amend and reordain certain sections of the 1996-97 School and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 231.) Mr. Swain moved the adoption of Ordinance No. 33201-121696. The motion was seconded by Mr. Parrott and adopted by the following vote: 13 ACTION: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: Non_- O. CA. PIT..AL IMPROVEMENTS PROGRAM-SCHOOLS: A commun,oation from the Roanoke City School Board requesting approval of a State Litarary Fund loan application, in the amount of $5.0 million, for the Woodrow Wilson Middle School reconstruction project, which application includes resolutions for architectural supervision and a site waiver; and the debt service on the loan will increase the School Board's debt service expenditure by $450,000.00 in fiscal year 1998-99, but no debt service liability ia incurred until funds ars drawn against the loan account, was before the body. A report of the Director of Finance concurring in the request of the School Board was also before Council. (For full text, see communication and report on file in the City Clerk's Office.) Ma. Wyatt offered the following resolution: (~33202-121696) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Woodrow Wilson 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. 59, page 233.) Ms. Wyatt moved the adoption of Resolution No. 33202-121696. 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. 14 ACTION: Ms. Wyatt offered the following re~olution: (~33203-12t696) A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Woodrow W',ison Middle School. (For full text of Resolution, sce Resolubon Book No. 59, page 234.) Ms. Wyatt moved the adoption of Resolution No. 33203-121696. The motion was seconded by Mr. Harris and Mr. Swain stated it is his understanding that there is a total debt of over $30 million as the schools approach the Woodrow Wilson Middle School renovations; he has heard concerns expressed about the possibility of renovations to Lucy Addison School being delayed because ofthe growing amount of debt; and he requested information as to the cost to citizens to pay the debt service on this amount, as well as the general scope of renovations to Lucy Addison School and the anticipated start date. Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Schools, advised that the capital plan is to continue forward with the proposed renovations; the anticipated date for Woodrow Wilson is 1997-98, and 1998-99 for Lucy Addison; the scope of work will be similar to that at the other middle schools; and the renovation schedule for both Woodrow Wilson and Lucy Addison ara on track. Mr. Swain requested a written report from the School Board on this matter. Resolution No. 33203-121696 was adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowara--------- 7. NAYS: Nono 0. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-TRAFFIC-STATE HIGHWAYS-PLANNING-ECONOMIC DEVELOPMENT.VALLEY VIEW MALL-STREETS AND ALLEYS: The City Manager submitted s written report advising that 1-581 interchange improvements were endomed by Council on March 18, 1996, pursuant to Resolution No. 328564)31896; the Virginia Department of Transportation (VDOT) subsequently included projects in its Six-Yesr improvement Program for a partial interchange on 1-581 approximately one mile south of Hershberger Road (initial phese) and a full- interchange with parallel access roads (ultimate phase); Council previously approved $5.0 million for the 1996 Bond Issue for construction of the partial exchange; and the Federal Highway Administration officially notified VDOT on August 23, 1996, of its approval of the new interchange access, thereby enabling the City to proceed with project development. It was further advised that project plans and any right-of-way acquisition will be handled by the City; construction bidding and administration can be handled by the Virginia Depa,~,ent of Transportation; all details of project responsibilities are described in a recommended agreement attached to the report, including the need to meet VDOT requirements that pertain to the preliminary engineering and right-of-way phases; all costs incurred by VDOT, including items such as plan review, preparation of the required environmental document, construction administration and project inspection, would be reimbursed by the City to VDOT; plan review and environmental document services are estimated not to exceed $50,000.00; and construction administration, materials testing, surveying and inspection services are preliminarily estimated to cost $750,000.00 (based on 15 per cent of the previously estimated $5.0 million construction costs). The City Manager recommended that Council concur in the following actions: authorization to enter into an agreement with the Virginia Depa~t,,,ent of Transportation, in a form to be approved by the City Attorney, and providing for the Stats to administer the construction phase of the project; and 16 ACTION: transfer $50,000.00 from the Strsste and Sidewalks Category of the 1996 Bond Issue, Account No. 008-052- 970t-9t91, to a new account entitled, "1.581 Interchange". (For full text, sss report on file in the City Clerk's Office.) Mr. Clark explained with regard to the recommendation to execute an agreement with the Virginia Depa,;,,,ent of Transportation and an engineering services contract with Mattem and Craig, Inc., relating to construction of the 1-581 Interchange at Valley View Boulevard, that both contracts address the interchange and not the connecting roadway; that the work must be done under state guidelines, with the City handling the interchange; and the project will involve environmental concerns, rezoning issues, the Virginia Department of Transportation, and the private sector. Mr. Swain referred to requests the City has received from citizens during the last thirty yssre for sidewalks, and inquired aa to where this money will come from; whereupon, Mr. Clark advised that the funds will come from the Streets and Sidewalks account in the Capital Fund, and the 1-58t Interchange project will not affect the Streets and Sidewalks fund. Ma. Barbara Duerk, 2607 Ro.s. alind Avenue, S. W., appeared before Council and stated that she Is a believer of clean air, a good quality of life, and altemative modes of transportation; the only way to access Valley View Mall is by motor vehicle; and that she would like to see the 1-581 interchange and connecting roadway to Valley View Mall built with access for bicyclists and pedestrians. Mr. White offered the following emergency budget ordinance: (t/33204-t21696) 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 234.) Mr. White moved the adoption of Ordinance No. 33204-121696. The motion was seconded by Mr. Wyatt and adopted by the following vote: 17 AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, Whim end Mayor Bowers, 7. NAYS: None 0. Mr. White offered the following resolution: (~33205-121696) A RESOLUTION authorizing execution of an agreement between the City and the Commonwealth of Virginia, Departm.e. nt of Transportet~on, said agreement .m. lating to the construction phase of the 1-581 Interchange at Valley V,ew Boulevard - Phase I, Project No. (FO)0581-t28-108, PE-101, RW-201, C-501; upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 59, page 235.) ACTION: Mr. White moved the adoption of Resolution No. 33205-121696. 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: Nons 0. BUDGET-TRAFFIC-STATE HIGHWAYS-PLANNING- CONSULTANTS REPORTS-ECONOMIC DEVELOPMENT-VALLEY VIEW MALL-STREETS AND ALLEYS: The City Manager submitted a written report advising that 1-58t interchange improvements ware endorsed by Council on March 18, t996, pursuant to Resolution No. 328564)31896; the Virginia Department of Transportation (VDOT) subsequently included projects in its Six-Yssr Improvement Program for a partial interchange on 1-581 approximately one mile south of Hershberger Road (initial phase) and a full-interchange with parallel access roads (ultimate phase); Council previously approved $5.0 million for the 1996 Bond Issue for construction of the partial exchange; and the Federal Highway Administration officially notified VDOT on August 23, t996, of its approval of the new interchange access, thereby enabling the City to proceed with project developmenL ACTION: It was further advised that an Engineering Services QualiticMion Proposal for complete plans for the project were publicly advertised and received ~om Dewben~J & Davis, M~ttem & Craig, and Wilbur Smith A~socistes, and following interviews, negotiations were conducted with the most qualified firm, Mattem & Craig, Inc., for the necessary project plans; the fee for engineering services has been negotiated with Mattorn & Craig, Inc.; and a lump sum contract not to exceed $600,000.00 has been developed for the scope of the work. The City Manager recommended that Council concur in the following actions: Execution of a contract, in a form to be approved by the City Attorney, wi~ MatUre & Craig, Inc., in an amount not to exceed $500,000.00, for the preparation of plans needed to construct a new interchange on 1-58t that will connect with an extension of Valley View Boulevard, and establish a contingency of $50,000.00. Transfer $550,000.00 from the Streets and Sidewalks Category of the Bond Issue, Account No. 008-052-9701- 9t91, to a new account entitled, "1-58t Interchange". (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33206-121696) AN ORDINANCE ~o 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 236.) Mr. Trout moved the adoption of Ordinance No. 33206-121696. 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: Nono 19 Mr. Trout offered the following resolution: (~33207-121696) A RESOLUTION authorizing execution of an agreement with Mattem & Craig, Inc., for the preparation of plane end engineering services needed to conetruct a new interchange on 1-581 that will connect with an extoneion of Valley View Boulevard. (For full text of Resolution, ese Resolution Book No. 59, page 237.) ACTION: Mr. Trout moved the edoption of Resolution No. 33207-121696. The motion wes eeconded by Mr. Swein and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None 0. SEWERS AND STORM DRAINS-INSURANCE-SPECIAL PERMITS- HOUSING/AUTHORITY-INDUSTRIES-NORFOLK SOUTHERN CORPORATION-GRANTS: The City Manager eubmitted a written report advising that Deenwood Industrial Park is located off Ho#ins Road, N. E., and is being developed by the Roanoke Redevelopment and Houeing Authority with the essistence of the City; eubdivision of the original tract resulted in five sites; two of the five eites are currently occupied and access to sanitary sewer is provided to an existing sewer located in Holline Road; the elevation of the sewer on Hollins Road is too high to provide gravity eewer to the two westerly sites; therefore, a new service muet be extended under the Norfolk Southern Railroad in a westoriy direction to an existing sanitary sewer; and crossing under the railroad requires a Railroad Permit from Norfolk Southem Railroad. The City Manager recommended that he be authorized to execute a Railroad Permit with Norfolk Southern, in a form to be approved by the City Attomey, with a fee of $t,600.00, plue $350.00 for Railroad Protective Liability Insurance to be paid from Community Development Block Grant program income for the Deanwood Industrial Park, Account No. 035-094-9430-5020. (For full text, see report on file in the City Clerk's Office.) 2O ACTION: Mr. Swain offered the following emergency ordinance: (//33208-121696) AN ORDINANCE approving and authorizing execution of an agreement with the Norfolk and Western Railway Company for a permit to allow installation of · sanitary sewer line across property owned by the railroad in connection with the Deanwood Industrial Park Project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 238.) Mr. Swain moved the adoption of Ordinance No. 33208-121696. 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. BUDGET-TRAFFIC-STREET LIGHTS-BRIDGES-PLANNING- CAPITAL IMPROVEMENTS PROGRAM-EQUIPMENT-STREETS AND ALLEYS: The City Manager submitted a written report with regard to street lighting for Second Strset/Geineboro Road, advising that the location and design public hearing was held on May 22, 1990, in Council Chamber, having I:==n preceded by an informal project plan review session on May 2t, 1990, for the Second Street/Gainsboro Road project; in response to public healing comments, project enhancements ware developed and shared by City staff with interested citizens from the Gainsboro community on August 9, 1990; the proposed design concepts wars well received; project design includes a new 636-foot !ong bridge, the framework of which now spans the N & W Railroad tracks and Shenandoah Avenue; the bridge plans include a specially designed steel handrail along the top of the outer walls of the entire bridge which is intended to provide a more distinctive appearance than standard bridge railing; Council, at its meeting on October 1, 1990, approved the location and major design features of the project, pursuant to Resolution No. 30254-100190; and the Commonwealth Transportation Board approved the location and major design features of the proposed project subsequent to Council's approval. It wes further advised that bids for the project construction were received by the Virginia Department of Transportation (VDOT) on August 29, 1995; the Commonwealth Transportation Board awarded a contract to Branch Highweys, Inc. (of Roanoke), on September 21, 1995, in the amount of $8,390,849.84; and the City's share of the cost for the project (preliminary engineering at five per cent, right-of-way at two par cent, and construction at two par cent) totals $630,182.23, which funding share wes authorized by Council on October 16, 1995. it wes explained that street lighting plans for the bridge, as well as the remainder of new Gainsboro Road, include 25-foot aluminum street lighting poles on both sides of the roadwey; the 29-foot height was agreed upon during the citizen participation process as more suitable for a pedestrian scale roadway (as compared to the standard 35 to 40-foot height); 61 new light polos are planned for the length of the entire project; the City is responsible for 100 par cent of the cost (preliminary estimate of $100,000.00, which funds have not yet bccn appropriated); installation of the light poles would be performed by American Electric Power; as an alternative to the 25-foot street lights for the bridge, decorative lighting could be installed on the bridge; using 12-foot light poles and fixtures identical to those along Jeffereon Street adjacent to the Conference Center of Roanoke would result in a net increase of approximately $128,000.00, for a grand total of $228,000.00 to light the entire project; the increase is driven by exchanging ton 25-foot poles at approximately $1,600.00 each for 16 decorative light poles at $5,500.00 each, plus additional pole founds~qons, conduit, wiring, hookup costa and design fees; timing to implement any changes is becoming critical as bridge construction is now progressing rapidly; at this date, production, delivery and installation of decorative poles may not coincide with completion of the project; the potential exists for certain items (such as the decorative street lights) to not be included in the Virginia Department of Transportation's contract with Branch Highways, Inc.; and such items could be left to the City to acquire. The City Manager recommended that Council concur in the following actions: Change the bridge lighting design to use decorative lighting while continuing the use of standard 25-foot street light poles for the remainder of the project. Appropriate $228,000.00 from undesignated capital funds in the Capital Projects Fund into the Second Street/ Gainsboro Road Account No. 008-052-9547-9003. Authorize the City Manager to execute on behalf of the City the appropriate Virginia Department of Transportation change orders that add decorative street lights, pole foundations, conduit, wiring and hookup costs. Authorize the City Manager to execute on behalf of the City the appropriate purchase order to American Electric Power for standard street lights on the remainder of the project. (For full text, see report on file in the City Clerk's Office.) Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared before Council and inquired es to whether the decorative lighting proposed for the Second Street/Gainsboro Road project is only for the bridge or whether the lighting will also be placed along the residential streets in the Gainsboro ~raa. She requested that consideration be given to expending the decorative lighting to the residential areas of Gainsboro. Mr. Herbert advised that the plan includes the whole of the road system from Orange Avenue, N. W. to Salem Avenue, S. W., with the decorative "period" lighting to be installed on the bridge and standard lighting installed on the roadways. Following discussion with regard to the use of decorative lighting versus standard lighting for the Second Street/Gainsboro Road project, Mr. Harris requeeted that the City Manager provide information with regard to other City residential streets that have received high cost "period" lighting. Mr. Trout offered the following emergency budget ordinance: (~33209-t2t696) 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 239.) ,i 23 ACTION: ACTION: Mr. Trout moved the adoption of Ordinance No. 33209-121696. 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. Mr. Trout offered the following resolution: (~33210-121696) A RESOLUTION concurring in certain changes relating to bridge lighting design for the Second StrestJGainsboro Road (Orange Avenue, N. W., to Salem Avenue, S. W.) Project, and approving execution by the City Manager of certain documents in order to implement the proposed changes. (For full text of Resolution, see Resolution Book No. 59, page 240.) Mr. Trout moved the adoption of Resolution No. 33210-121696. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Beware 7. NAYS: None 0. Council Member Harris requested that the City Manager report to Council on which City residential streets have received high cost "period" lighting. BUDGET-POLICE DEPARTMENT-TRAFFIC-HEALTH DEPARTMENT-BUILDINGS/BUILDING DEPARTMENT-GENERAL DISTRICT COURT-PARKS AND RECREATION-HUMAN DEVELOPMENT- CITY ATTORNEY-CLERK OF COURTS-CITY MANAGER- COMMISSIONER OF REVENUE-REFUSE COLLECTION-PUBLIC WORKS-ROANOKE CIVIC CENTER-PERSONNEL DEPARTMENT- CAPITAL IMPROVEMENTS PROGRAM-COMMUNICATIONS DEPARTMENT-UTILITY LINE SERVICES-CMERP-MANAGEMENT AND BUDGET-JUVENILE CORRECTIONS FACILITIES-LIBRARIES-SNOW REMOVAL-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment 24 Replacement Program (CMERP) for General Fund accounts and Prior Year Retained Eaminga for In.ts. mai Service accou, nts has iden.tifled operational needs for several City deparlments; the ~tsms and projects iden~fied are necessary to continue to perform assigned activities and projects in the meet efficient and effective manner; items or projects to be purchased either have already been bid or will be bid in accordance with the procurement section of the Code of the City of Roanoke; and it ia necessary for Council to appropriate funds from Capital Maintenance and Equipment Replacement Program and Prior Year Retained Earnings to provide for the acquisition of the following identified items and projects: Funds desi_onatsd from Prior Year Canital Maintenance and Eouinment. Reelaeement Proo_ ram: Economic DevelonmQl~t: Funding for intsmal surveys and for a consultant to advise on requests for franchise agreements on fiber optic networks in the City of Roanoke - $30,000.00 This improvement in tschn.ology will allow historical records of changes to properties located within the City to i be stored in CD Rom and microfilm formats, which information is required by the Stats to be maintained and ia currently stored on individual property cards; use of this technology will allow the paper copies to be disposed of and will free up needed file space in the Office of Building Inspections - $5,000.00 Funds desio_nated from Current Year Caeital Maintenance and Eo_ui_Dment ReDlacement Pro0ram: snow plows - $27,782.00 salt spreaders - $35,700.00 compact salt spreaders - $9,940.00 25 chemical pre-wetting systam, storage tank and filler unit - $4o,ooo.oo chemical spreaders and controls -$10,000.00 Police emergency lights and sirens for seven patrol units - $6,146.00 two hawk radar machines - $4,265.00 12 workstations for investigators - $6,000.00 installation of standby transformer and switching equipment - $5,000.00 replacement batteries for portable radios - $6,251.00 radios for public winks vehicles - $40,000.00 PCS Portable "Man-Down" radios - $10,000.00 audio mixer for Council Chamber sound system $2,500.00 replace carpet tiles in EOC - $9,000.00 labor and materials to paint antenna pole at 215 Church Avenue, S. W. - $3,000.00 t2 replacement chairs for dispatchers - $9,600.00 supplement to traffic signals general account - $35,000.00 hydraulic post driver - $2,000.00 26 Solid Waste Mana~_ement frae4oader trillers - $20,000.00 j Buildino Maintenance mag welder - $2,250.00 matching funds for renovations to Zoo - $20,000.00 pARKS AND GROUNDS replacement of parks amenities - $30,000.00 90-inch finish mowere and 40-inch walk behind mowers - $2t,000.00 poly fiberglass water tank with pump - $4,000.00 60-inch moving deck and bagger - $10,000.00 electric dump for pick-up trucks - $10,000.00 all-terrain 72-inch mower - $26,000.00 · landscape screening along 1.581 at Public Works Service Center - $10,000.00 reforestation program - phase III - $25,000.00 install curbing on interior parks - $15,000.00 Recreation replace window air conditioners in recreation centers - $8,000.00 landscaping for community centers - $10,000.00 Crisi~ Intervention Center storage chests for clients - $2,634.00 27 City Health De_~artment baby changing stet]on - $843.00 portable dentel unit - $10,400.00 refrigerator, dishwasher, stove and sink for main library - $3,500.00 Civic Center concert metal folding chairs - $50,000.00 Cit~ share of landscape plan for 1-581 corridor - $10,000.00 Wssteide Elementary School gym restroom alterations - $29,299.00 Ci~ Attorney two workstations for legal secretaries - $9,000.00 personnel Manaoement Times Two File System and treinin9 equipment for Occupational Health - $4,590.00 Police assessment center enhancements - $13,000.00 Cgptmissioner of the Revenue privacy panels - $720.00 General District Court Shelving System/Phase III -$3,310.00 Income Maintenance laterel files (5) - $4,000.00 ~ administration workstations (11) - $16,500.00 <:led< of the Circuit Court City's share of document imaging project for the Supreme Court - $40,000.00 Buildin_- Ineoect]ons cross-connection end rental inspection program $23,987.00 six replacement office chairs - $1,848.00 D-Day Memorial Fund - $50,000.00 Virginia Western Community College site preparation foes- City's share - $62,828.00 F~ltds designated from Prior Year Retained Earninos Accounts: Mana_.ement Services replacement of three copiers - $45,000.00 three computers and software - $11,400.00 replacement of drilling machine - $2,500.00 replace two metal detectors - $2,067.00 one underground piercing tool - $2,500.00 ten I/2-inch drive long reversible ratchet with sockets - $4O0.00 The City Manager recommended that Council appropriate $910,224.00 as follows: $35,000.00 from General Fund Prior Year Capital Maintenance and Equipment Replacement Program as follows: $30,000.00 to Economic Development Account No. 0014)02-8t 20-2010 $5,000.00 to Building Inspections Account No. 001-052-3410-2030 $809,132.00 from Current Year Capital Maintenance and Equipment Replacement Program as follows: $122,661.00 to Snow Removal Account No. 00t 4)52.4140-9015 $10,411.00 to Police Department Account No. 001 4)50-3113-90t5 $6,000.00 to Police Deparlment Account No. 001 4)50-3t t 2-2035 $69,500.00 to Communications Department Account No. 0014)50.4t30-9015 $15,85t.00 to Communications Department Account No. 0014)50.4130-2035 $37,000.00 to Traffic Engineering Account No. 001-052.4160-9015 $20,000.00 to Solid Waste Management/ Refuse Account No. 0014)52.4210-9015 $2,250.00 to Building Maintenance Account No. 001-052-4330-90t5 $20,000.00 to Building Maintenance Account No. 00t-052-4330-3057 $10.1,000.00 to Parks and Grounds Ma,ntenance Account No. 001-052~1340-9015 $50.,000.00 to Parks and Grounds Maintenance Account No. 001-052-4340-3005 $8,000.00 to Recreation Account No. 001-052- 7110-9015 $10,000.00 to Recreation Account No. 001- 052-7tl 0-2066 $2,634.00 to Crisis Intervention Account No. 001-054-3360-2035 $11,243.00 to Health Depa,b~tent Account No. 00t -054-5110-9005 $3,500.00 to Libraries Account No. 001-054- 7310-9015 $50,000.00 to Civic Center Account No. 005- 056-2108-90t5 $1t2,828.00 to City Manager's Account No. 001-002-7220-2010 $9,000.00 to City Attorney's Account No. 001- 003-1220-90t5 $4,590.00 to Personnel Management Account No. 001-002-1261-90t 5 $13,000.00 to Personnel Management Account No. 001-002-1261-2012 $720.00 to Commissioner of the Revenue Account No. 00t-022-t233-2035 $3,310.00 to General District Court Account No. 00t -070-2120-90t 5 $20,500.00 to Social Services Account No. 001-054-5313-9015 $40,000.00 to Clerk of Circuit Court Account No. 001-028-2111-2010 $23,987.00 to Building Inspections Account No. 001-052-3410-9015 $1,848.00 to Building Inspections Account No. 0014)52-3410-2035 $10,000.00 to Public WorkJ Account No. 001- 052-1280-2010 $29,299.00 to Public Works Account No. 0Q8- 0S2-9692-9003 $45,000.00 from Management Services Prior Year Retained Earnings to Management Services Account No. 015-002- t617-9005 $21,092.00 from Utility Line Services Prior Year Retained Earnings Account aa follows: $20,692.00 to Utility Line Services Account No. 016-056-2625-9015 $400.00 to Utility Line Services Account No. 0t6-056-2625-2035 (For full text, see report on file in the City Clerk's Office.) 32 ACTION: Mr. Swain offered the following emergency budget ordinance: (#33211-121696) AN ORDINANCE to amend and reordain certain sections of the 1996-97 General, Civic Center, Capital Projects, Management Services, and Utility Line Services Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 241.) Mr. Swain moved the adoption of Ordinance No. 33211-121696. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members INyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: Nono 0. At 2:55 p.m., the Mayor declared the meeting in recess. At 3:03 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member White. BUDGET-POLICE DEPARTMENT-HUMAN DEVELOPMENT- GRANTS-YOUTH-JUVENILE CORRECTIONAL FACILITIES-J & D RELATIONS DISTRICT COURT: The City Manager submitted a written report advising that the City receives funding from the State Depa,;,,,snt of Juvenile Justice to administer and operate the following juvenile justice system programs: Youth Haven I - Post Dispositional Group Home for Males Sanctuary - Crisis Intervention Cantor Outreach Detention Program Sanctuary - Family Oriented Group Home Program (FOGH) Substance Abuse Counselor - Court Service Unit Family Counselor - Youth Haven I Electronic Monitoring - Outreach Detention Purchase of Substance Abuse Services - Youth Haven I Intensive Supervision Program - Court Service Unit Outreach Counselor - Assaultive Youth - Sanctuary Street Law Program - Court Service Unit Enhanced Community Service - Court Service Unit It was further advised that the City of Roanoke has budgeted $935,587.00 in Virginia Juvenile Community Crim.e. Co. ntrol Act (VJCCCA) revenues for fiscal year 1996-97; the 1995 V,rgin~a General Assembly enacted the Virginia Juvenile Community Crime Control Act, effective January t, 1996; the Act replaced the block grant system for all community-based programs and services except secure detention homes; the purpose of the Act is to establish a balanced community- based system of sanctioned programs and services for juvenile offenders; the VJCCCA will provide funding for each jurisdiction in the State; the Depa,:.,,ent of Juvenile Justice has approved an additional $101,195.00 for January 1, 1997 through June 30, 1997; an additional $202,390.00 will be received for fiscal year 1997-98; and localities wishing to use the Act funds for development, implementation and operation of programs and services must submit a local plan to the Board of Juvenile Justice for approval. ltv/as pointed out the Council approved the local revised plan on October 23, 1996, which was submitted to the State Department of Juvenile Justice for review and approval on November 13, 1996; the City is to receive funding through the Virginia Juvenile Community Crime Control Act, in the amount of $1,017,059.00, for the 1996-97 fiscal year, which amount does not include funding for the secure detention home; for fiscal year t997-98, the City is to receive $1,118,254.00; the VJCCCA 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 expanded $501,935.00 as its local contribution to the operation of the block grant programs for the 1994-95 fiscal year, which funds will be the maintenance of effort level matching the VJCCCA funding from the Department of Juvenile Justice; no additional local match will be required; the City's VJCCCA plan averages the funds for the biennium in order to maximize the State funds without additional local monies, which allows for the increase in personnel coot to be carried over from fiscal year 1997 to fiscal year 1998; the utilization of the funding through the Virginia Juvenile Community Crime Control Act will be for the continuation and expansion of t2 programs and the addition of three service programs for the juvenile justice population in Roanoke City; and 12 continued and expanded programs to be funded through the VJCCCA and local funds include the following: Youth Haven I - Post Dispooitional Group Home for Males Sanctuary - Crisis Intervention Center Outreach Detention Program 34 Sanctuary - Family Oriented Group Home Program (FOGH) Substance Abuse Counselor - Court Service Unit Family Counselor - Youth Haven I i Electronic Monitoring - Outreach Detantion Purchase of Substance Abuse Sewices - Youth Haven I Intensive Supervision Program. Court Service Unit Outreach Counselor - As~ultivs Youth - Sanctuary Street law Program - Court Service Unit Enhanced Community Service - Court Service Unit and the new programs to be esteblished include: Aftercare Counselor for Youth Haven I Specialized Probation Officer for the Court Service Unit Juvenile Restitution Program - Court Service Unit It was explained that establishment of the abovelisted services will enhance and add to the public safety programming for the Juvenile Justice System and provide for rehabilitation, community supervision and family preservation efforts; and the services will provide sanctions, progressive treatment to juvenile offenders, and/or their families in a community based system of programs and services. The City Manager recommended that Council endorse, by resolution, the proposed plan of services and authorize the City Manager to esteblish six and one-half grant funded positions for expansion of services and provide for new services to youth and their families; approprista $101,195.00 in additional Stats funding, as outlined in Attachment C to the report; and adjust the following revenue and expenditure accounts to reflect a change in the original VJCCCA avenue estimate for fiscal year 1997 from $935,587.00 to a new base, per Attachment A, of $915,864.00: Ii decrease transfers to Grant Fund Account No. 0014)04-9310-9535 $10,000.00 decreese VJCCCA Revenue Account No. 001-020-12344)723 19,723.00 decrease Purchased Services Account Ho. 0014)54-3350-3160 9,723.00 35 decrease Rssidentisl/Detention Servicss Account No. 0354)54-5066-2008 10,000.00 decrease VJCCCA Revenue Account No. 0354)35-t234-7216 10,000.00 (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#33212-121696) 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 245.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 33212-121696. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 6. NAYS: None 0. (Council Member Wl~ite was out of the Council Chamber.) BUDGET-CITY EMPLOYEES-YOUTH-JUVENILE CORRECTIONAL FACILITIES: The City Manager submitted a written report advising that the Roanoke Juvenile Detention Home is the primary service provider of secure residential care for juveniles in the Fifth Planning District which comprises the Counties of Allegheny, Bath, Botetourt, Craig, Roanoke, Clifton Forge, and the Cities of Covington, Salem and Roanoke; the State Depa,bt~ent of Juvenile Justice has rated the capacity at the Roanoke City Secure Juvenile Detention Home at 21 beds; at the time the facility was opened in 1960, 75 per cent utilization was anticipated; the facility has experienced a continuous increase in population over the last seven years; beginning in 1988, the population utilization was 78 per cent and grew progressively to t23 per cent in 1993, 136 per cent in t994, and 165 per cent in 1995; and the Roanoke Secure Juvenile Detention Home, even though over utilized, has refused 160 admissions in 1992, 243 in t993, 289 in 1994, and 468 in t995. It was further advised that Council adopted an ordinance on May 8, 1993 in support of the expansion/renovation of sscure detention services and allocated $1.5 million for the project; initial plans were developed for the project and discussed with the Department of Youth and Family Services; the City, along with juvenile justice professionals from the Twenty-Third and Twenty-Filth Judicial Districts, formed the Roanoke Valley Detention Alternative Group to address the development of a plan of alternatives to secure juvenile detention; the City also utilized the needs assessment conducted by the Office of Grants Compliance, the Council of Community Services review of youth and family needs, information on community needs for youth and families from the Empowerment Community activities and the Roanoke City Office on Youth needs assessment in developing s plan of alternstive~ to secure juvenile detention, which instruments reviewed and analyzed the needs of youth and families in the City and/or surrounding jurisdictions to address items on societal conditions which contribute to the development of services creating a wholesome and healthy living environment for youth and families; the proposal to add 23 beds to the Juvenile Detention Home has bcc.'t submitted to the Deparlment of Juvenile Justice; and it is anticipated that the Board of Juvenile Justice will approve Phase II of the process (planning study) at the February 1997 .meeting, Phase I (needs assessment) of ~e process wes approved ,n April 1996 by the .Board, and construction mil commence after the bid process (approx,matsly three months) with completion of construction and renovation expected in July 1998. It was explained that the Roanoke City Secure Juvenile Detention Home is currently staffed with 18 full-time regular positions, which positions meet the State standards of one child care worker for each ten residents, as well as the necessary administrative and support positions for a 21-bed facility; the Roanoke City Juvenile Detention Home has experienced an increase in utilization with average utilization of 36 youth in 1995 and 32 youth on a daily population basis in 1996; Detention Home overcrowding is a Statewide problem resulting from a "get-tough on juvenile crime" philosophy and recent changes in juvenile law; Roanoke City operates the Detention Home as a single jurisdiction; no other locality contributes to the operating cost of the facility beyond a per diem placement cost of $83.13; total revenues received for placement of youth from other jurisdictions during fiscal year 1995-96 totalled $354,858.56; to maintain the staff at a resident ratio of one to ten during times when utilization exceeds the 2t-bed capacity, relief staff is utilized; for fiscal year 1996-9;' to date, the cost 37 for relief stiff totiis $102,077.00, with a projected cost for the fiscal year of $256,396.00; scheduling of relief stiff is difficult due to the availability of those persons who have met all of the requirements according to the State Depa,(,,,ent of Juvenile Justice Stindards to serve as child care workers for the facility; relief stiff ia also utilized to fill in for permanent staff during vaca~_nn, sick leave, holidays and time away from the facility for required training; with the proposed expansion of the facility to 44 beds, the City has requested from the Stite 11 additional child care positions plus other additional full-time regular positions to accommodate the proposed expanded bed capacity which will provide the required stiffing to conform to the Stite stindards of one worker to ten residents; it is calculated that five Counselor I positions should be added at this time to facilitite consistency in scheduling and increased aasurenca of stiff availability to cover necessary shifts; the cost of adding five additional permanent positions is anticipated to totiI $55,119.00 for the remainder of the current fiscal year, which amount is based on a hire date of February 1, t997; cost of the new positions will be partially reimbursed by the Stite at the time the proposed expansion of the facility is completed and operational, which is anticipated to be July 1998; and until expansion is complete, local funding will need to be provided for the positions, i which is estimated to totiI $130,280.00 annually. The City Manager recommended that Council authorize the increase in full-time regular employees for the Roanoke Juvenile Detention Home by five Counselor I positions; and transfer $55,119.00 from Contingency Account No. 0014)02-9410-2199 to the following accounte: Regular Employee Salaries Account No. 0014)54-3320-1002 FICA Account No. 0014)54-3320-1120 Retirement Account No. 0014)54-3320-1105 Total $46,260.00 3,539.00 $55,t19.00 (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Swain offered the following emergency budget ordinance: (~33213-121696) 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 248.) Mr. Swain moved the adoption of Ordinance No. 33213-121696. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 6. NAYS: None 0. (Council Member White was out of the Council Chamber.) REPORTS OF COMMITTEES: BUDGET-STORM DRAINS: 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 Lick Run Sewer Replacement Project LR-2, which Project is part of the City's ongoing infiltration/inflow program to reduce the groundwater infiltration into the sewer system, and recommended 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 $168,969.50, and authorize a project contingency of $17,000.00 and $5,000.00 for interfund billing for contract administration and inspection. Appropriate $190,970.00 from Sewer Fund Retained Earnings to a new account to be established by the Director of Finance in the Sewer Fund entitled, "Lick Run Sewer Replacement LR-2". Reject all other bids received by the City. 39 ACTION: The City Manager submitted a written report concu~ng 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: (~332t4.121696) 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 249.) Mr. Parrott moved the adoption of Ordinance No. 33214-121696. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 6. NAYS: None 0. Ii (Council Member White was out of the Council Chamber.) Mr. Parrott offered the following emergency ordinance: (#33215-121696) AN ORDINANCE accepting the bid of Aaron J. Conner, General Contractor, Inc., for the Lick Run Sewer Replacement Project LR-2, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 250.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 33215-121696. The motion was seconded by Mr. Swain and adopted by the following vote: 4'0 AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 6. NAYS: None 0. (Council Member White was out of the Council Chamber.) SEWERS AND STORM DRAINS-WATER RESOURCES: Vice- Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to amending the 1994 Sewage Treatment Contract to provide for percentage flow allocations at the expanded Sewage Treatment Plant. A staff report advised that the 1994 Sewage Treatment Contract between the City of Roanoke, Roanoke County, City of Salem, Botetourt County and the Town of Vinton provides, among other things, the following: Expansion of the Sewage Treatment Plant from 35 million gallons per day (MGD) to 42 MGD during average flow months and anticipates being able to treat 72 MGD during periods of time when rainfall is t25 per cent of the average rainfall for any particular month. All parties agree to rsnegotiate capacity allocations if the regulatory agencies do not agree to the Uered flow definiUons, i.e., flows tied to rainfall as defined above. It was further advised that regulatory agencies, specifically the Virginia Depa,b~ent of Environmental Quality (DEQ), have indicated a hesitancy to approve a tiered flow concept but have indicated they would approve a plant expansion up to 62 million gallons per day, while maintaining the current concentrate limits to the extent the City can prove no negative impact on the Roanoke River due to the elimination of sewer line overfiowa; and representatives of the contract parties have met and proposed an amendment to the t994 contract that will provide a flow allocation percentage to each party regardless of the final flow permitted by the DEQ, which amendment provides that each party will have the percentage of flow actually permitted that is identical to the flow allocations originally negotiated based on 42 MGD with minor adjustments between the City of Salem, Botetourt County, and the Town of Vinton. 4! The Water Resources Committee recommended that Council approve a.n amendment to the 1994 Sewage Treatment Contract which will prov,de that the parties will have the following percentage flow allocation~ at the expanded sewage treatment plant: City of Roanoke 45.71% Bototourt County 6.47% Roanoke County 24.52% City of Salem 18.42% Town of Vinton 4.88% 100.00% (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (W332t6-121696) A RESOLUTION authorizing execution of an amendment to the 1994 Sewage Treatment Contract, between the City of Roanoke, County of Botetourt, County of Roanoke, City of Salem, and the Town of Vinton, which will provide that the parties will have certain parcentege flow allocations at the expanded sewage treatment i, plant. ~ (For full text of Resolution, see Resolution Book No. 59, page 251.) ACTION: Ms. Wyatt moved the adoption of Resolution No. 33216-121696. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 6. NAYS: None 0. (Council Member White was out of the Council Chamber.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 42 ACTION: FRANCHISES-CITY PROPERTY-SPECIAL PERMITS- COMMUNICATIONS DEPARTMENT-LICENSES-TELEPHONE EQUIPMEHT: Ordinance No. 33199 authorizing appropriate City officials to execute and attest a separate temporary nonexclueive revocable license agreement with KMC Telecom of Virginia, Inc., and American Communications Services of Virginia, Inc., such form to be approved by the City Attorney, authorizing KMC and ACSI to construct, maintain, and operate telecommunications facilitiee 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 te,,,, of the temporary license agreement be for 12 months, or until the City adopts a telecommunications regulatory ordinance and/or license/franchise agreement, whichever occurs first, having previously been before the Council for its first reading on Monday, December 2, 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: (#33199-121696) AN ORDINANCE authorizing the City Manager to execute on behalf of the City Temporary Nonexclusive Revocable License Agreements w!.'th KMC Teler:.om of Virginia, Inc., and Ameri.can Communication Services of Virg,nia, Inc., for the construction, maintenance, and operation of telecommunications facilities in the City's rights-of-way. (For full text of Ordinance, see Ordinance Book No. 59, page 229.) Mr. Parrott moved the adoption of Ordinance No. 33199-121696. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTION: BUDGET~OUNCIL: Council Member White moved that the matter of salary increases for the Mayor and Members of Council be referred to 1997-98 Budget Study for consideration. The motion was seconded by Mr. Swain and unanimously adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 3:t7 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. ACTION: COUNCIL: With respect to the Executive Session just concluded, Mr. Harris moved that each Member of City Council certify to the beat of his or her knowledge that: (t) only public business matters lawfully exempted from open meeting requirements under the Virginia F~.~dom 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. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 6. NAYS: None 0. (Council Member White was out of the Council Chamber.) OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that them ars two vacancies on the Roanoke Neighborhood Partnership Steering Committee and called for nominations to fill the vacancies. Mr. Swain placed in nomination the name of Alfred T. Dowe, Jr. Mr. Harris placed in nomination the name of R. Jean Bevins. There being no further nominations, Mr. Dowe and Ms. Bovine were elected as members of the Roanoke Neighborhood Partnerehip Steering Committee, for terms ending November 30, t999, by the following vote: 44 ACTION: ACTION: ACTION: FOR MR. DOWE AND MS. BEVINS: Council Members Wyatt, Harris, Parrott, Swain, Treut, White and Mayor Bowam 7. OATHS OF OFFICE-COMMITTEES-CABLE TELEVISION: The Mayor advised that there is a vacancy on the Roanoke Valley Regional Cable Television Committee created by the death of Alfred Beckley and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Dan L. Frei. There being no further nominations, Mr. Frei was elected as a member of the Roanoke Valley Regional Cable Teisvision Committee for a term ending July 21, t999, by the following vote: FOR MR. FREI: Council Members Wyatt, Harris, Parrott, Swain, Treut, Whim and Mayor Bowere 7. OATHS OF OFFICE.COMMITTEES-PLANNING: The Mayor advised that there is a vacancy on the City Planning Commission created by the expiration of the term of Richard L. Jones and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Robert B. Manetta. There being no further nominations, Mr. Manetta was elected as a member of the City Planning Commission, for a term ending December 31, 2000, by the following vote: FOR MR. MANETTA: Council Membere Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowam 7. At 3:42 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Monday, December 16, 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, Vice-Mayor Wyatt presiding: 45 PRESENT: Council Members C. Nelson Harris, Carroll E. Swain, Ii. James O. Trout, William Whita, Sr., and Vice-Mayor Linda F. Wyatt. 5. ABSENT: Council Member John H. Parrott and Mayor David A. Bowers 2. OFFICERS PRESENT: James D. Ritchis, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grieso, Director of Finance; and Sandre H. Eakin, Deputy City Clerk. The reconvened meeting was opened with a preyer by Council Member Harris. The Pledge of Allegiance to the Flag of the United States of America wes led by Vice-Mayor Wyatt. TAXES-LEGISLATION-SPECIAL PERMITS: Pursuant to instructions of Council, the City Clerk having advertised a public hearing for Monday, December 16, 1996, at 7:00 p.m., or as soon them. a.ftar as the matter may be heard, with regard to the request of the Virg,nm Museum of Trensportetion for of in adoption a measure support of tax-exempt status on real property located at 303 Norfolk Avenue, S. W., the matter was before the body. Legal advertisement of the public hearing was published in The ~]gJ~_T~I~ on Sunday, December 8, 1996. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Manager advising that the Virginia Museum of Trensportation, Inc., has been offered a gift of certain real property containing 3.14 acres located at 303 Norfolk Avenue, S. W., the current location of the Museum; the Museum petitioned Council on November 18, 1996, requesting adoption of a resolution in support of the organization obtaining tax exempt status from the General Assembly on property located in the City of Roanoke; the Norfolk Southern Corporetion is the current owner of the property, therefore, the property is assessed by the Virginia Depa, l,,,ent of Taxation, pursuant to Section 58.1-3201 of the Code of Virginia (1950), as amended, which states that all property is assessed on a depreciated cost basis; and the current assessment of the property is as follows: 46 Land Building Current Assessment Tax Rata Current Tax $ 69,080.00 ($22,000.00 per acre) $S.000.00 $134,080.00 $ t.649.00 It wes further advised that the Director of Real Estata Valuation will be responsible for future aseeesmenta which will be calculatad at 100 per cent of fair market vsluo if the property is declared tax exempt by the General Assembly; the new aeseesment would be $1,367,800.00 for the land and $241,700.00 for the building, for a total assessment of $1,609,500.00; and s 20 per cent service charge will be levied by the City in lieu of real estata taxes, as follows: Assessment $1,609,500.00 Tax.Rata : 1.33 (includes $.10 Downtown 21,406.35 Service District Tax) Service Charge X .20 NEON TAX $ 4,281.27 It was explained that on February 18, 1992, Council adoptad Resolution No. 308844)21892, to establish guidelines for organizations seeking support for exemption from taxation; number l(e) of the resolution statas that all organizations must file a petition for tax- exempt status with Council at least 60 days in advance of the first day of the next session of the General Assembly, which, in this case, would be November 9, 1996; however, the Virginia Museum of Transportation recently learned of the gift offer by the Norfolk Southern Corporation, therefore, the petition was received nine days after the target data; and notification of a public hearing to be held on Monday, December 16, 1996, wes advertised in ~ on Sunday, December 8, 1996. The City Manager recommended that Council grant the request of the Virginia Museum of Transportation, Inc., and support of their request to the 1997 General Assembly to be designated exempt from taxation, pursuant to Article X, Section 6(a)6 of the Constitution of Virginia. (For foil taxt, see report on file in the City Clerk's Office.) Maryelien F. Goodlatta, Attorney, appeared before Council in support of tho request. 47 Mr. Trout offered the following resolution: (,/~.3217-121696) A RESOLUTION supporting ~ exemption of property in the City of Roanoke to be conveyed to the V,rginia Museum of Transportation, Inc., and used exclusively by it for cultural, educational and historical purposes on s non-profit basis. (For full text of Resolution, see Resolution Book No. 59, page 252.) ACTION: Mr. Trout moved the adoption of Resolution No. 33217-121696. The motion was seconded by Mr. White. The Vice-Mayor inquired if there ware persons present who would like to address Council with regard to the request; whereupon, Ms. Katherine F. Houck, Executive Director, Virginia Museum of Transportation, appeared before Council and advised that the Virginia Museum of Transportation is one of only three designated museums in Southwest Virginia; the Museum has the largest collection of diesel locomotives in the United States, as wall as cars, trucks, buses, etc.; the City's bond referendum provided $813,000.00 for capital improvements to the Museum; and in t997, the Transportation Museum - will completely ranovsto the museum entrance, which is part of a $2.0 I il million renovation to the Museum. She stated .~.at ~e Transportation · ' Museum is proud to be a destination attraction ,n Roanoke, and Council's continued support is needed and urged. Ms. Helen E. Davis, 35 Patton Avenue, N. E., appeared before Council and inquired as to where the proposed amphitheater at the Museum will be located; whereupon, Ms. Houck advised that the Museum would like to provide an amphitheater in the parking lot area behind the Museum to allow visitors an opportunity to observe the railroad as it works on its daily schedule, and to provide a place for the Museum to hold special educational programs and activities. Mr. Swain advised that following research with respect to tax exempt property in the City, he has lesmed from the Director of Real Estate Valuation that excluding federal, state and locally owned property, there ara t,084 parcels of tax exempt property located in the City of Roanoke at s value of $320 million, which means that the City is not reaping the benefit of the taxes on this $320 million. He requested that prior to the t99.7-9.8 Budget Study, the Director of Real Estate Valuation and Comm,ss,oner of the Revenue review the 1,084 pieces · of property to determine whether each of these organizations meete the requiremente for tax exempt status. Resolution No. 33217-121696 was adopted by the following vote: AYES: Council Members Harris, Swain, Trout, White and Vice-Mayor Wyatt .... 5. NAYS: None 0. (Council Member Parrott and Mayor Bowers were absent.) STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopt~l by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, December 16, 1996, at 7:00 p.m., or as soon thereafter ss the matter may be heard, on the request of George E. and Virginia M. Sweeney that a ten-foot wide allay lying between Official Tax Nos. 3220924 and 3220925, extending in a northerly direction from Sunset Street to Archbold Avenue, N. E., be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The ~ on Friday, November 29, 1996, and Friday, December 6, 1996, and in the ~ on Thursday, November 28, t996, and Thursday, December 5, t996. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the alley requested for closure is a platted but undeveloped public right-of-way, which extends in a northerly direction h~)m Archbold Avenue to Sunset Avenue, N. E.; the applicant owns all property abutting both sides of the alley, which is situated on steep and sloping terrain; and the probability of the City needing or opening the alley in the future is highly unlikely, was before Council. It was further advised that the application was reviewed by the City Planning Commission at its regular meeting of September 4, 1996; the applicant requested closure and vacation of the subject alisy from its platted intersection with Archbold Avenue, N. E., to its plattod interruption with Sunset Avenue, N. E.; Planning staff reported that the alley has remained undeveloped and needed for many years; and no opposition fo the requested closure was expreesed by any person or persons in attendance at the public hearing. The Planning Commission recommended approval of the request for closure, subject fo the following conditions: The applicant shall submit to the City, for its review and approval, receive approval thereof, and record in the Office of the Clerk of Circuit Court, a aubdivision plat providing for the following: Disposition of the land within the vacated righta-of-way in a manner consistent with the requirements of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended. Retention of appropriate easements, together with the right of public passage over same for surface and subsurface installation, repair I or of any and all utilities that maintenance. may be located mn the vacated right-of-way. If the above-cited subdivision plat is not approved by the City and recorded by the applicant within a period of six months from the date of adoption of an ordinance providing for such closure, said ordinance 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.) Jeffrey L. Dorsey, Attorney, appeared before Council in support of the request of hie client Mr. Doreey advised that the matter was first adve~sed for Council's October 23, 1996 meeting, ..which adver'dsement contained an error in tax numbers in the description of the property; it is requested that Ordinance No. 33172-110496 permanently vacating, discontinuing and closing the alley be repeeled; and that Council adopt a new measure permanently vacating, discontinuing and closing the alley. ACTION: Mr. Trout moved that the following ordinance be placed upon its first reading: i (ft33218) AN ORDINANCE 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. 59, page 256.) The motion was seconded by Mr. Swain. 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. 33218 was adopted on its first reading by the following vote: AYES: Council Members Harris, Swain, Trout, White and Vice-Mayor Wyatt 5. NAYS: None 0. (Council Member Parrott and Mayor Bowers were absenL) CITY CHARTER-LEGISLATION-SCHOOLS-PROCUREMENT CODE: The City Clerk having advertised a public hearing for Monday, December 16, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke that the General Assembly authorize amendment of the City Charter to provide that all contracts totalling moro than $30,000.00 (curren'dy $15,000.00) shall be awarded after public advertisement and competition as may be prescribed by general law, the matter was before Council. Legal advertisement of the public hearing was published in The J~ on Friday, November 22, 1996. (See publisher's affidavit on file in the City Clerk's Office.) The City Attorney advised that adoption of this amendment to the City Charter will raise the threshold for formal procurement from $15,000.00 to $30,000.00, and will improve the City's diversity in the procurement process. 5! Mr. Harris offered the following resolution: (#33219-121696) A RESOLUTION requsst]ng the t997 Session of the General Assembly of Virginia to enact a certain amendment to the Roanokq Charter of 1952, as amended. (For full text of Resolution, see Resolution Book No. 59, page 255.) ACTION: Mr. Harris moved the adopt]on of Resolution No. 33219-121696. The mot]on was seconded by Mr. Swain. The Vice-Mayor inquired if there were persons present who would like to address Council with regard to the request. There being none, Rssolut]on No. 33219-121696 was adopted by the following vote: AYES: Council Members Harris, Swain, Trout, INhito and Vice-Mayor Wyatt S. NAYS: None 0. (Council Member Parrott and Mayor Bowers were absent.) OTHER HEARING OF CITIZENS: None. There being no further business, the Vice-Mayor declared the meet]ng adjourned at 7:22 p.m. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk Mayor 52 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL January 6, 1997 12:30 p.m. The Council of the City of Roanoke met in regular esssion in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, January 6, 1997, at 12:30 p.m., the regular mesting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, ~ of Section 2-t5, ~d~ Code of the City of Roanoke (1979), as amended. PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, Linda F. Wyatt and Mayor David A. Bowers 6. ABSENT: Council Member William White, Sr... OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. COUNCIL-CITY JAIL: At 12:3.5. p.m., the Mayor declared the meeting in recess until 2:00 p.m. Members of Counc,I then participated in a tour of the Roanoke City ~11 Jail and Jail Annex. 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 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: 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 prayer by The Reverend C. Kenneth Wright, Pastor, Evangel Foursquare Church. The Pledge of Allegiance to the Flag of the United States of America was led I by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT.COMMITTEES-COMMUNITY PLANNING: On behalf of the City of Roanoke, the Mayor presented John P. Brsdshaw with s Certiflceta of Appreciation, a Crystal Star, and a City Seal paper weight in recognition and appreciation of his service as a member of the City Planning Commission from December 26, 1972 to December 3t, 1996. 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 three requests for Executive Sessions to discuss specific legal matters requiring the provision of legal advice by counsel, pe.nding iitiga.b.'on in the U. S. District Court for Wsstam I Virginia ,n tha Circu,t Court the City Roanoke; personnel an.d. o! matters wtth regard to vacancies on various authorities, boards, commissione 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)(I), Code of Virginia (1950), as amended, was before the body. (For full text, sss 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 the Council, pursuant to Section 2.1-344 (A)(t), Code of Virginia (1950), as amended. The motion was seconded by Ms. Wyatt and adopted by the following vote: 54 AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers NAYS: Nono m O. COMMITTEE: MUNICIPAL AUDITOR-COMMITTEES-AUDIT Minutes of a meeting of the Audit Committee of Roanoke City Council held on Monday, December 16, 1996, ware before the body. The Audit Committee considered the following items: External Audits: City of Roanoke Letter of Recommendation on Procedures and 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 Roanoke City School Board: Comprehensive Annual Financial Report - June 30, 1996 Municipal Auditing: School Activity Funds - June 30, 1996 Auditor of Public Accounts: Statement of Treasurer's Commonwealth Accountability to the I 55 ACTION: ACTION: Intemal Audits: Controls Evaluations: General Ledger System Computer Operations Center It was advised that due to a recommendation from the Quality Assurance Audit, a change will be made in the way the Municipal Auditor reports audit recommendations in audit reports; and the Audit Committee concurred in the recommendation to Council to amend Section 2-121 of the Code of the City of Roanoke (1979), as amended, to authorize the City Manager to app.ro.v.e transfers between deperlmente in the amount of $25,000.00, wh,ch rs an increase over the current allowance of $5,000.00. (For full text, see minutes on file in the City Clerk's Office.) Mr. White moved that the minutes be received and filed. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. COMMITTEES-MENTAL HEALTH SERVICES-BLUE RIDGE COMMUNITY SERVICES: A communication from Dr. Fred P. Roeeeel, Jr., Executive Director, Blue Ridge Community Services, requesting that the City of Roanoke concur in the appoin~,,ent of Mr. Robert Lee, 3710 Southway Drive, S. W., as an at-large member of the Board of Directors, for a term ending December 31, 1999, advising that the By- Laws of the Board require that members at-large be recommended by the Board to the five pe~cipating localities, and all five local governments must ratify the appointment, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the appointment of Mr. Robert Lee as an at-large member of the Blue Ridge Community Services Board of Directors. The motion was seconded by Ms. Wyatt and adopted by the following vote: 56 AYES: Council Membem Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: Nono O. BUDGET: A report of the City Manager requesting that Council approve the following schedule of activities, datos and times (including two special meetings of Council) in order that to finalize all arrangements necessary to move forward with the 1997-98 budget study process, was before the body. April 21, t997 Public presentation of fiscal year 1997-98 recommended budget, and update to the Consolidated Plan (Grants budget) to City Council by City Manager. April 2t, 1997 Advertisement recommended Consolidated newspapers. of public hearings on budget, tax rates and Plan update appear in May 5, 1997 Public Hearings on recommended budget, tax rates and update to the Consolidated Plan. ** Requires Special Meeting of City Council May 6 - 9, 1997 City Council budget study work sessions Note: Due to scheduling conflicts, the May 7 budget session may begin after 11:00 a.m. May 12, 1997 City Council adopts General Fund, School Fund and Proprietary Fund budgets, approves an annual appropriation ordinance and adopts the update to the Consolidated Plan. ** Requires Special Meeting of City Council (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. The moUon waa seconded by Ma. Wyatt and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. TRAFFIC-COMPLAINTS-COMMUNITY PLANNING-STREETS AND ALLEYS: A report of the City Manager advising that on Monday, August 19, 1996, Ma. Evelyn D. Bethel addressed Council regarding detours and maintenance of traffic along the Second Strest/Gainsboro Road project; and since that time, City staff has looked into and addressed a number of issues, was before the body. It was further advised that within two weeks following the August 19 Council meeting, staff contacted Ma. Bethel regarding in regard to her specific concerns, and offered to hold a meeting where she could discuss concerns with representatives of the City, the Virginia Depaft,,,ent of Transportation, and Branch Highways, Inc.; however, Ms. Bethel indicated that rather than have such a meeting, the City should try to better educate the public on project design, thus, information on the Second Street/Gainsboro Road project was included in an arl]cls on the City Page which was printed in ' on December 6, and in the Roanoke Tribune on December 12; and the article described the project's purpose, highlighted numerous many design features, and notad the expected completion data of June 1997. It was pointed out that an additional concern of Ms. Bethel was the difficulty in seeing oncoming traffic when turning left from eastbound Wells Avenue into northbound Jefferson Street; from April 1995 to September 1996, accident reports indicated five traffic accidents had occurred at this intersection, none of which resulted in serious injuries and none were attributed to visibility concerns aa expressed by Ma. Bethel; however, to be responsive to Ms. Bethel's request, the City asked the Virginia Department of Transportation for an independent opinion regarding the intersection; and VDOT staff 58 ACTION: ACTION: agreed with the analysis of City staff that the sight clearance is acceptable and existing trees and guide signs need not be removed; and City staff will continue to monitor the intoraection for changes in the futura. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that the report be received and filed. The mot]on wes seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. COUNCIL-CIRCUIT COURT: A report of the City Attorney requesting that Council convene in Executive Session to discuss specific legal mattara requiring the provision of legal advice by counsel, which relate to pending litigation in the U. S. District Court for Westem Virginia and in the Circuit Court for the City of Roanoke, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, wes 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 Attorney to convene in Executive Session to discuss specific legal mattera requiring the provision of legal advice by counsel, which relate to pending lit]gat]on in the U. S. Dis~ct Court for Western Virginia and in the Circuit Court for the City of Roanoke, pursuant to Sect]on 2.1~.~ (A)(7), Cede of Virginia (1950), as amended. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowera 7. NAYS: Non= 0. COMMUNITY PLANNING-ROANOKE NEIGHBORHOOD PARTNERSHIP-OATHS .OF OFFICE-COMMITTEES: Reports of qualificat]on of Dan L. Frei aa a member of the Roanoke Valley Regional Cable Television Committee to fill the unexpired term of Alfred Beckley, *! 59 ACTION: deceased, ending July 2t, 1999; and Robert B. Manetta ee a member of the City Planning Commission for a term ending December 31, 2000, ware before Council. (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 Ms. Wyatt and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowars 7. NAYS: Nono.-. 0. HEARING OF CITIZENS UPON PUBLIC MAI-I'ERS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-POUCE DEPARTMENT-TRAFFIC-GRANTS: The City Manager submitted a written report advising that the State Transportation Safety Board awards State grants for districts throughout Virginia for the enhancement of selective DUI enforcement efforts; the Board awarded $19,500.00 to the City of Roanoke during fiscal year 1994-95 for this purpose; and on October 1, 1996, the Board approved Rcenoke'e application for grant continuation from October 1, 1996 to September 30, 1997, in the amount of $10,000.00. The Director of Public Safety advised that since 1993, the City has been proactive with its Driving Under the Influence enforcement efforts in the Traffic Bureau of rite Police Department; whereupon, he called upon Lt. Ramey Bower for a briefing. LL Bower advised that while uniformed officers are responsible for enforcement of traffic related codes and ordinances, the Police Department designates 22 officers and four supervisors to the Traffic Bureau to primarily oversea the objective of traffic enforcement, safety and education. He stated that their mission is to facilitate the safe and expeditious movement of vehicular, pedestrian and bicycle traffic over approximately 500 miles of city streets, and with approximately 70,000 licensed drivers living in the City and over 40,000 drivers commuting into the City daily from other jurisdictions to work, at any given time there can be up to 80,000 vehicles moving on the City's streets which requires planning and deployment of personnel, analysis of date, and coo~ination with other jurisdictions throughout the region.. He expislned that no single factor involves more people at any given time than the movement of traffic, and vehicle and pedestrian traffic accidents resulted in more deaths, injury and property loss than any other single activity. He noted that while parking enforcement and si:ccd suppression are vital tc, efficient movement, emphasis is also placed on the detection and apprehension of the impaired driver; and driving under the influence has bccn a very public issue for several years and the Police Department has taken a proactive approach to this deadly, offense by involving itself with public awareness and educational campaigns, participating in regional efforts with other agencies, as well as with public and private organizations, in the awareness effort to prevent DUI. He advised that while robberies and burglaries caused an economic loss of approximately $2 million last year, traffic accidents alone resulted in approximately $9 million in property damage and loss, not including medical costs related to injuries and death. Lt. Bower explained that in t993, the Police Department applied and was awarded a grant in the amount of $30,000.00 from the Division of Motor Vehicles and the Stats Transportation Safety Board to supply overtime funds for DUI enforcement, which funds resulted in numerous arrests and enforcement actions that went above what would have normally been the complement during that period of time. He advised that on September 30, 1994, the department reapplied for a grant and was awarded $19,500.00 to continue the program which consisted of stationary sobriety checkpoints, selective DUI patrols throughout the year, and resulted in a continued decrease in DUI related arrests, deaths and injuries. He stated that from October 1, 1993 through 61 I! ACTION: December 31, 1996, over 1,500 DUI drivera were arrested and during that period oft]me, 21 deaths occurred on the City's roadways, eight of which were alcohol related, and throughout the nat]on, 40 per cent of persons who died in ;,-i~lic accidents were alcohol related. Lt. Bower silted that the grant pressnUy before Council will bring the City's total to $59,500.00 for a three year period, which will allow the Police Depa~;,,,ent to continue deployment of officers for the express purpose of DUI enforcement and continue with stationary checkpoints, and selective patrols with emphasis on high volume times, especially on holidays throughout the coming year. The City Manager recommended that Council concur in the following actions: Accept the grant from the Slits Transportation Safety Board and authorize the City Manager to execute, on behalf of the City, any grant agreement or other documenlit]on required by the Slite Transportation Safety Board. Appropriate $10,000.00 of selective DUI enforcement grant funds 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. Trout offered the following emergency budget ordinance: (~33220-010697) 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 258.) Mr. Trout moved the adoption of Ordinance No. 33220-010697. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bower~. 7. NAYS: None 0. 62 ACTION: Mr. Trout offered the following resolution: (#33221-010697) A RESOLUTION accepting a certain Driving Under the Influence Enforcement Grant offer made to the City by the State Transportation Safety Board and authorizing execution of any required documentetion on behalf of the City. (For full text of Resolution, see Resolution Book No. 59, page 259.) Mr. Trout moved the adoption of Resolution No. 332214)10697. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Boware 7. NAYS: Nono 0. BUDGET-HUMAN DEVELOPMENT-GRANTS-FDETC: The City Manager submitted a written report advising that the Fifth District Employment and Training Consorlium administers the Federally funded Job Training Partnership Act (JTPA) for the Fifth Planning District; the Consortium serves eligible residenta in the Counties of Alleghany, Botetourt, Craig and Roanoke and the Cities of Clifton Forge, Covington, Roanoke and Salem; and the FDETC serves two primary populations: dislocated workera and the economically diesdvanteged. It was further advised that the City of Roanoke ia the grant recipient for Fifth District Employment and Training Consortium funding, and Council must appropriate funds for all grants and other monies received by the Consortium; 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-A 5% Incentive Funds - $29,557.00. Jurisdictions in the Fifth Planning District, which include the Cities of Roanoke, Salem, Clifton Forge and Covington, and the Counties of Roanoke, Alisghany, Botetourt and Craig ware requested by the Consortium to contribute a totel of $10,187.38, fo offset the agency's 63 ACTION: administrative cesta. To data, allocations totalling $10,187.38 have bccn confirmed from the participating jurisdictions, Botatourt County - $1,556.00; Roanoke County - $3,500.00; City of Clifton Forge - $250.00; City of Salem - $1,750.38; City of Covington - $1,197.00; Craig County - $250.00; and Alleghany County - $1,684.00. The FDETC has entared into a Memorandum of Understanding with Family Service of Roanoke Valley to provide two training activities (Employment Readiness and Placement and Educational Opportunities) to clients f~om the Altamative Punishment Program for the contract year November 1, 1996 through October 31, 1997. Family Service of Roanoke Valley has contracted to pay the Consortium a total of $18,480.00 for the service. The City Manager recommended that Council appropriata Fi;;;, District Employment and Training Consortium funds totalling $58,225.00, and increase the revenue estimata by $58,225.00 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. Parrott offered the following emergency budget ordinance: (#33222-010697) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Consortium Fund Appropriations, and providing for an emergency. (For full taxt of Ordinance, see Ordinance Book No. 59, page 260.) Mr. Panott moved the adoption of Ordinance No. 33222-010697. The motion was seconded by Mr. Swain and adopted by the following vota: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Boware 7. NAYS: Nono,, O. ACTION: TRAFFIC-COMMUNITY PLANNING-GRANTS: The City Manager submitted a written report advising that the Intsrmodal Surface Trensportstion Efficiency Act (ISTEA) was signed into Federal law in December 1991, representing a new vlsi*on for transportation in America; and the law provides for $155 biiiion to be spent nationwide to rebuild and redirect surface transportation over six years (1992- 1997). It was further advised that enhancement projects may be initiated by any group or individual, and need to be formally endorsed by Council prior to being submitted to the Virginia Department of Transportation; during the current year, two applications were received by the City which will be submitted to Council on January 21, 1997, viz: the Virginia Museum of Transportation for facility enhancements and the City of Roanoke for additionsl Mill Mountain Gresnway funding; and beth applicants have been successful in obtaining ISTEA funds in the past and are now seeking additional funds. The City Manager advised that the City Planning Commission is scheduled to hear the matter at its January 8, 1997, meeting and provide a recommendation to Council at its January 2t meeting; VDOT requires that a public hearing be held for ISTEA projects as part of the application process; and the City Administration has arranged to advertise a public hearing for the January 21, 1997 Council meeting in order to provide maximum citizen input into the selection of projects to be recommended to the Stats for funding under the Intsrmodal Surface Transportation Efficiency Act Enhancement Program. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in holding a public hearing on Tuesday, January 2t, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard. The motion was seconded by Mr. Swain and unanimously adopted. BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORITY- GRANTS-ROANOKE AREA MINISTRIES: 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 a decade; the number of homeless persons relying on local services has increased significantly in recent years; the Homeless Assistance Team (HAT), a short-tsrm program providing outreach to the homeless, was 65 piloted in Roanoke last winter utilizing funds from the Virginia Innovative Homeless Initiative Grant Program; the U. S. Depa,~,,ent of Housing and Urban Development (HUD) announced the availability of funds to help communities support continuum of care systems to assist homeless persons in March 1996; and the City has developed and submitted a proposal for funding through HUD for funds to re- establish a long-term Homeless Assistance Team. It was further advised that a Supportive Housing Program grant allocation of $400,000.00 has been awarded to the City by the U. S. Department of Housing and Urban Development for three years for establishment of the Homeless Assistance Team; Roanoke Area Ministries (RAM) has provided services to the homeless for 25 years, including establishment of a comprehensive day shelter referred to as RAM House; RAM House emerged as one of the prima~j oul~ach sites for the pilot HAT Team; Roanoke Area Ministries is a logical site for the Homeless Assistance Team's base of operatlous; and RAM has agrccd to work cooperatively with the City to provide supervision and coordination for the Homeless Aesistencs Team. The City Manager recommended that he be authorized to accept the Supportive Housing Program grant award of $400,000.00 from the U. S. Department of Housing and Urban Development; and to execute the required grant documents on behalf of the City; to execute an agreement with Roanoke Area Ministries, said agreement to include a provision providing that RAM shall indemnify the City if RAM is solely negligent and that the City shall indemnity RAM in the event RAM and the City are jointly negligent, said agreement to be approved as to form by the City Attorney, and to be within the limits of funds set forth in the report and for the purposes specified therein; and appropriate $400,000.00 for the Homeless Assistance Team 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. Harris offered the following emergency budget ordinance: (~33223-010697) 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. 69, page 262.) ACTION: Mr. Harris moved the adoption of Ordinance No. 33223-010697. The motion wss seconded by Mr. Swain. Mr. Parrott inquired if Indemnity provisions am included in the agreement with Roanoke Ama Ministries; whereupon, the City Attorney advised that he was not aware of a requirement for insurance, that insurance may not be available for this purpose in which case the City may want to assume the limited risk of going forward without insurance; however, the matter is a policy decision for Council's consideration. Wendy W. Moore, Executive Director, Roanoke Area Ministries (RAM), advised that RAM carries its own liability insurance and employees referred to in the agreement will be City employees, therefore, those employees will be covered by the City's liability insurance policy. She stated that clients visiting the Roanoke Area Ministries facilities will be covered under RAM's liability insurance. Upon further question by Mr. Parrott regarding insurance coverage, the City Manager requsstad that he be given until later in the meeting to respond to the question; whereupon, the Mayor advised that ~e ma.ttar would be tabled until later in the meeting for further d,scu.,on. Later in the meeting, the matter was taken from the table for discussion; whereupon, Mr. Harris inquired if the City will lose the grant if Council fails to act on the matter today; whereupon, the City Manager advised that he was unable to respond to the question in a businesslike manner, because City staff was unsuccessful in contacting officials with the United States Depa, b,,ent of Housing and Urban Development to determine with some degree of certainty as to whether or not the grant will be in jeopardy if Council doss not act on the matter immediately. Mr. Parrott advised that if the City's Risk Manager can give the assurance that the City has, in effect, adequate liability insurance coverage, he would suggest that Council take action on the matter; whereupon the City Manager responded that he could not say with certainty that the City is presently covered, however, he offered the assurance that appropriate liability coverage could be obtained. Ordinance No. 332234)10697 was adopted by the following vote: AYES: Council Members Harris, Pawott, Swain, Trout, White, Wyatt and Mayor Bowers ... 7. NAYS: Nono 0. Mr. Parrott offered the following resolution: (#33224-010697) A RESOLUTION accepting a Supportive Housing Program (SHP) Grant Award Allocation made to the City from the United States Depa, l,,ent of Housing and Urban Development to support continuing assistance to homeless persons and establishment of a Homeless Assistance Team; authorizing execution of the necessary grant documents on behalf of the City, to comply with the terms, conditions and requirements pertaining thereto; and authorizing execution of an agreement with Roanoke Area Ministries in order to implement the program. (For full text of Resolution, see Resolution Book No. 59, page 263.) ACTION: Mr. Parrott moved the adoption of Resolution No. 33224-010697. 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. BUDGET-HUMAN DEVELOPMENT-CITY EMPLOYEES-GRANTS: The City Manager submitted a written report advising that Council approved funding during fiscal year 1995-96 for an Eligibility Worker through the Depa~;,,,ent of Social Services to be placed at the Roanoke City Health Depa~;.,,ent to assure that all citizens have an opportunity to apply for Medicaid, which service has been in operation for 24 months; and the Health Department and the Depa,~,,ent of Social Services reviewed the effectiveness of the program and decided to request continuation for an additional year. 68 ACTION: It was further advised that the Department of Social Services has employed and will continue to train and supervise the worker stationed at the Health Del)a,l, llant to execute applications for Medicaid; and the Health Department is satisfied with the results of the services of having an eligibility worker on location. The City Manager recommended that he be authorized to continue the services of the Outstationed Eligibility Worker at the Health Depa.l,,,ent; and that Council appropriate $28,867.00 to the following revenue and expenditure accounts to be established in the Grant Fund by the Director of Finance: Salary $22,742.00 ICMA 2,047.00 FICA 1,740.00 Health 2,209.00 Disability Insurance 49.00 Life Insurance 80.00 $28,867.OO (For full text, sea report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (f/33225-010697) 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, sea Ordinance Book No. 69, page 264.) Mr. Swain moved the adoption of Ordinance No. 33225-010697. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Boware ..... 7. NAYS: Nons 0. ACTION: POLICE DEPARTMENT-FIRE DEPARTMENT-CMERP- EMERGE.~!CY MEDICAL SERVICES-FLEET MAINTENANCE FUND- EQUIPMENT: The City Manager submitted a writ~n report advising that the Capital Maintenance and Equipment Replacement Program has identified the need to replace 21 full-size marked Police automobiles, one full.~ize Fire/EMS marked automobile, and three in~rmediate-~ize unmarked automobiles, due to high mileage and age; whereupon, the City Manager recommended that Council authorize the pumhase of 22 full-~ize marked automobiles and three intarmediata-~ize unmarked automobiles from Farrell Ford-Pontiec, inc., at a total cost of $476,786.00; and 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 resolution: (#332264)10697) A RESOLUTION accepting the bid of Farrell Ford-Pontiac, inc., for the purchase of twenty-five new automobiles for use by the Police Depa,:.,ent and Fire/EMS, upon certain terms and conditions; and rejecting ail other bids made for such items. (For full text of Resolution, see Resolution Book No. 59, page 265.) Mr. Parrott moved the adoption of Resolution No. 332264)10697. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White and Vice-Mayor Wyatt 6. NAYS: Nono. 0. (Mayor Bowers abstained from voting.) DIRECTOR OF FINANCE: AUDITS/FINANCIAL REPORTS-CITY CODE-BILLINGS AND COLLECTIONS-BINGO/RAFFLES: The Director of Finance submitted the Bingo Activity Close-out Report for 1996, advising that since the Commonwealth of Virginia's Charitable Gaming Commission began regulating bingo games on July 1, 1996, the report includes nine months of operation and is the final closeout report for bingo regulation by the City; previously, all charitable gaming was regulated by each 70 locality; the Office of Billinga and Collections worked closely with the perm!t-holders and the ChaHtabis Gaming Commission duHnn wi~.._ns.mon po.ri.od to rosolve iesues, and the transi~on has been smooth, m mw problems. It was further advised that the only authority left to the City with or~grd.ard to ch.aritable g~.m. ing after.July 1, 1996, is the ability to (1) adopt inances ~o prohibit instant b,ngo, (2) establish reasonable hours during which bingo games may. be played, and (3) determine if the locations proposed for charitable gamin, meet I~c=l 7nnlnn requirements; and in accordance with th-e cheil,e, the Ci~v-~'tt~-~'~,';== Office has drafted the necesesrv revisi~n~ tn *k~r;,,. r :' · .... ;'-'.- ~ -- ..........v,.~ voGe in or~er to repeal provisions of the City Code in which the Cih, n,, au .thority. and to retain the prevision which sets forth '~e ~u~l'uri"n'; wh,ch bingo games may be played; whereupon, the Director of Finance recommended certain changes to the City Cede as described in the attachment to the report. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: . -- (~. 322_7.-01_0_697} AN ORDINANCE amending At,cie II, o! ~na. pter Zl,.Ultenses . Miscelisneou.s, of the Code of the City of KoanoKe (1979), as amende, d, by.. amending ~21-65, raffles conducted under this attic'.-; by add,ng new section 2t-65.t, entitled Hours during, .which bin,o -ames mav be ol.a. ve, I; and by REPEALING §2t-66, B,n_,o Games and rafflesi definiti~R~; §21-67, Annual .Dermit required: ao=lication and nroc,~=,;nG fee- form ~-~;JgQ; §2t-68, Reouirement of issuance ..~---~-~-~'-. -~-'--- .-~,~. ~'- ?'~,--~. w.er~ VallG. duration: ~ermit~ =,,~_;_-~_! to rs.ulatio~-; ;21-69 = .......... · - ~ , ~UUUI1GV. QUraTiOn and conduct of bingo .ames [or refflesl. ~21-70" ....... 71. ReD r~ ,,~ ,,.,.- .....=_,_ ..... ':~ , _1[~]~, ~1- · O:._. _. _....,~ ,m-,~um an, GISDUl'~ement~ re-uired- rm [eDorts. failure to file: certificate of comDlianc~..;-.~-* u.rem,ses: records: ,nde~endent accounting r.r~ed~]l.,,; §21-72, Audit ~; §21-73, ~Zg~]~; §21-74, ~ .or. rev..ocatio.n of oerrnit: ,enaltie~: §21-75, Enforcement of article: ~J~; §2t-76, HearinGs and ao~e=!,,; §21-77, .I,~i,,, of bingo Games: restric*; .... ~---'- ..... ' _ ----,,,,o. ~u.~,a~ ~ermiz reuui~.,; and §21-77.1, Only binoo, instant bingo, raffles, and duck races ~e ~,.,~,..,__, .__,~ _ : . rmltta I, the -_.,...~,~u ;~.,on exempting .c~.~rism games of chance regulated by the ~ommonweslth from the proh,bition against gambling, the added 71 ACTION: ACTION: section authorizing the conduct of bingo within certain hours only, and the repealed sections ensuring the city only regulates those limited areas it has authority to regulate; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 266.) Mr. Trout moved the adoption of Ordinance No. 33227-010697. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowam 7. NAYS: None 0. DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of November 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-COMMUNICATIONS DEPARTMENT-CITY INFORMATION SYSTEMS-LEASES-EQUIPMENT-CAMPBELL COURT PARKING GARAGE-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to a Campbell Court Transportation Center Lease Agreement with the City of Roanoke for the CIS Workstation Support Group. A staff report advised that responsibilities for the City's business telephone and computer aided dispatch (CAD) systems and two staff positions have been transferred from the Communications Depa, b,~ent to the City Info~ii~,ation Systems (CIS) Depa,b,ant, eff~**ctive December 1, 1996; funding for the two staff positions and oparetion of business phones is available in the Communications Depa,~ment and needs to be transferred to CIS; office space, and furniture and equipment are needed to house the two staff members, which funding 72 r--~ m ia available in CIS Intamal Service Fund Retained Earnings; and City Information Systems has located 865 square feet of space within the Graatar Roanoke Transit Company's Campbell Court Transportation Center which is suitable to house the CIS Workstation Support Group, thereby making space available in Municipal North for the two transferred staff positions. The Water Resources Committee recommended that Council concur in the following actions: Authorize execution of a lease agreement, as summarized in the report, in a form to be approved by the City Attomey~ Transfer funds associated with staff, telephone systems, office space lease, fumitura and equipment, as follows: Transfer $63,653.00 from Communications Department, Account No. 001-050-4130, to CIS Department, Account No. 013-052-1601; and Transfer from CIS Retained Eamings, ~ Account No. 013-3336, to CIS Operating -- Budget, Account Nos. 013-052-1601 and 013- 052-1602: Amount $13,810.00 3,244.00 From To Account Account 013-3336 1602-9015 Other Equipment 013-3336 1601-3075 Other Rental (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (fj33228-010697) AN ORDINANCE to amend and reordain certain sections of the t996-97 General and City Information Systems Fund Appropriations, and providing for an emergency. (For full text of Ordinance, ees Ordinance Book No. 59, page 268.) 73 ACTION: ACTION: Ms. Wyatt moved the adoption of Ordinance No. 33228-010697. 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. Wyatt offered the following emergency ordinance: (#33229-01069?) AN ORDINANCE authorizing the City Manager to enter into an agreement with Greater Roanoke Transit Company for the leasing of office space within the Campbell Court Transportation Center to house the CIS Workstation Support Group, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 270.) Ma. Wyatt moved the adoption of Ordinance No. 33229-010697. 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. FIRE DEPARTMENT-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 property rights acquisition for the Mount Holland Fire Hydrant Project. A staff report advised that Roanoke City annexed the Windsor Lake Subdivision from Roanoke County in 1979; a request for hydrant installation for Keithwood Drive, Bruceton Road, and Mount Holland Drive was made to the Fire Department in 1992, with a follow-up request in March 1994; the water distribution system sewing the three streets consists of three-inch and four-inch water mains; a minimum of six- inch water mains is the preferred standard for installation of fire hydrants; two directional flow on four-inch water lines sewed by a 12- inch water line provides the option to install a limited number of 74 ACTION: hydrants; fire hydrants were installed on Keithwood DHve and Bmr, eton Road in 1994; and easement acquisition is req.uir~, to complete ~e loop (two directional feed) of four-inch water line ~n Mount Holland Drive from Driftwood Road. Itwae further advised that the Mount Holland Fire Hydrant Project is currently under design and construction is scheduled for the spring of 1997; and authorization is needed to move forward with title work, negotiations and closings for acquisition of property rights. The Water Resources Committee recommended that Council authorize the City Manager to take appropriate action to acquire all property rights necessary for the construction of the project across the property of Clement and Joan Binnings, Official Tax No. 5t10201, said property rights may be acquired by negotiation or eminent domain and include permanent easements, temporary construction easements, and other property rights as needed for the project; and all documents are to be in a form approved by the City Attomey. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: I (g33230-0t0697) AN ORDINANCE providing for acquisition of property rights needed by the City across property owned by Clement and Joan Binnings, identified by Official Tax Map No. 5110201 for the construction of the Mount Holland Fire Hydrant 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 the parcel for the purpose of commencing the project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 270.) Ms. Wyatt moved the adoption of Ordinance No. 332304)10697. 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. 7§ ACTION: INSURANCE-PARKS AND RECREATION-LEASES-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Rnsources Committee, prasented a wrltl~n report on behalf of the Committee, with regard to Mill Mountain Zoo lease renewal. A staff report advised that the Blue Ridge Zoological Society of Virginia, Inc., formerly Mill Mountain Zoo, Inc., was created in 1976 by the Roanoke Jaycese, Inc., to take over operation of the Zoo; lease of the property for zoo purposes to Mill Mountain Zoo, Inc., was authorized pursuant to Ordinance No. 23216, adopted September 7, t976; and authority to continue to lease the property to Mill Mountain Zoo, Inc., or its successor, Blue Ridge Zoological Society of Virginia, Inc., has I:cc.3 authorized by nine subsequent ordinances since that date, the last renewal for a five-year period, pursuant to Ordinance No. 30865-021092, adopted February 10, 1992. It was further advised that the initial five-year term of the current lease of land for operation of the Zoo by Blue Ridge Zoological Society of Virginia, Inc., will expire on December 31, 1996; the organization has requested a five-year extension as provided for in the current lease; previous expansion of the Zoo to provide for tiger habitat and other improvements resulted in a current lease ama containing 3.587 acres; and Blue Ridge Zoological Society has requested additional space containing 1.54 acres for animal holding, breeding, and off-exhibit areas, which will be screened from public view. The Water Resources Committee recommended that Council authorize renewal of the lease of land occupied by the Zoo to Blue Ridge Zoological Society, Inc., for a term of five years, ending December 31, 2001, in a form to be approved by the City Attorney, said lease shall provide for termination at any time with 60 days written notice by either party, an expended lease ares containing an additional 1.54 acres, for a total area of 5.127 acres, subject to applicable property restrictions and covenants, with renewal options subject to mutual agreement between the parties for two additional five-year terms, and all other terms and conditions, except certain revisions recommended by the Risk Manager to the insurance provisions, shall be the same as in the current lease. (For full text, see reports on file in the City Clerk's Office.) Ma. Wyatt moved that the following ordinance be placed upon its first reading: 76 (~33231) AN ORDINANCE authorizing a lease egrsement between the City and ?e Blue Ridge Zoological Society of Virginis: Inc., for lend to be occuprsd by the Mill Mountain Zoo, upon certe~n terms and conditions. (For full text of Ordinance, see Ordinance Book No. 59, pege 276.) The motion was seconded by Mr. Trout. Ms Wyett moved that the following ordinance be pieced upon its first reeding: (~33231) AN ORDINANCE authorizing a lease agreement between the City end the Blue Ridge Zoological Society of Virginia, Inc., for land to be occupied by the Mill Mountain ZOO, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 59, page 276.) The motion was seconded by Mr. Trout. Ms.. Betty Field, 2802 South Jefferson Street, edvisad that Mill Mountain rs part of he.r neighborhood end the water that comes into the area horn Crystal Spnng serves South Roanoke, Garden City, Hunting Hills, Tanglewood, Gerden Court, Garden Court Extension and Oak Grove. She stated that since no one knows the water source of Crystal Spring, anything could happen and one mistake could cause the spring to disappear into the lime caves and cavities under the mountain, and loss of this important water supply would be a disaster end could cost the City a considerable amount of money. She called attention to numerous developments taking place around the base of Mill Mountain on the esstam side of Garden City, and added that 20 lots are for sale on the street above Robin Hood Road, which lie beneath a 25 per cent slope from the new area that the Zoo wishes to occupy. She referred to drainage maps included in a consultants report which indicate that water mn-off could mean flooding of these developments. She stated thet the Mill Mountain Development Committee end the Mill Mountain Zoo have not done their homework relative to the request for expansion, there ere no studies or plans to protect ridgelines, viewsheds, or fencing, no property stakes, and no plans to save trees in general. 77 Mr. Peter W. White, 2615 Rosalind Avenue, S. W., advised that caution should be exercbrmd and officials should pause to look at what currsntiy exists on Mill Mountain. He stated that if the source of water from the Crystal Spring pumping station is not known, and if it is not known as to how the water source could be potentially contaminated through development or expansion on Mill Mountain, it is time to pause, study the matter, and then go forward. Mr. White advised that he could not support the additional one and one-half acres of land for expansion of the Mill Mountain Zoo until he receives the assurance that the matter has been thoroughly studied. For future requests, Mr. Swain asked that the Council be provided with an environmental impact statement. The Mayor requested that the minutes reflect that he is not in favor of construction of a 300 car parking garage on Mill Mountain. Ordinance No. 33231, on its first reading, was adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, Wyatt and Mayor Bowers 6. NAYS: Council Member Whita COMMITTEES-REFUSE COLLECTION-PUBLIC WORKS: Council Member John H. Parrott, Chairperson, Solid Waste Collection and Disposition Study Committee, presented a written report on behalf of the Committee with regard to provision of residential refuse collection, advising that on August 19, t996, Council approved a recommendation by Council Member Trout to appoint a Solid Waste Collection and Disposition Study Committee to thoroughly explore solid waste collection and disposition issues and report back to Council with recommendations; on September 6, 1996, at the first meeting, the Study Committee formulated a process for requesting proposals from the private sector for the provision of residential refuse collection service, and directed staff to proceed with implementation; on October 9, 1996, at its second meeting, the Committee approved the Request for 78 Proposals document, which included a description of how private proposals would be evaluated, and decided that not more than 50 per cent of the City should be contracted out; and proposals were solicited for the provision of residential refuse collection in the following three 8srvica areas: Contract Area A - Southwest quadrant of the City (28.6%) Contract Area B - Southeast quadrant of the City (21.0%) Contract Area C - Southwest and southeast quadrants of the City (49.6%) It wes further advised that the proposals submitted by the private providers were forwarded to an evaluation committee; the City submitted a cost benchmark at the same time that proposals from private service haulers were received, which proposal remained sealed in the custody of the City Clerk until the Solid Waste Collection and Disposition Study Committee meeting on December 19, 1996; and no members of the evaluation committee assisted in the development of the City's cost benchmark proposal, nor did any member of the staff team preparing the City's cost benchmark proposal assist in the evaluation of the private proposals. explained that proposals were received ~om Browning- Ferris Industries and Waste Management of Virginia-Blue Ridge; Browning-Ferris Industries was identified by the evaluation committee as the private proposer submitting the beat proposal; both of the private proposers were deemed qualified to provide refuse collection service; identification of the best private proposal was based on cost, and ',he following cost proposals were submitted: Browning-Ferris Industries Waste Management of Virginia-Blue Ridge $ 524,528.00 614,727.00 Browning-Ferris Industries Waste Management of Virginia-Blue Ridge $ 411,295.00 460,307.00 Browning-Ferris Industries Waste Management of Virginia-Blue Ridge $ 795,923.00 1,044,483.00 79 It wee pointed out that the price proposal submitted by I Browning-Ferris Industries was ed.j .usted .to reflect the total contracting cost by including contract adm,n,stration costa, conversion costs (amortized), and offsetting revenues projected to accrue to the City by the proposer under a service contract arrangement; and the adjusted price proposal (total contracting cost) was compared to the City's cost benchmark for each prospective contract area, as follows: Browning-Ferris Industries City Cost Benchmark Difference $566,793.00 406,281.00 160,512.00 (28.3%) Browning-Ferris Industries City Cost Benchmark Difference $452,310.00 323,133.00 129,177.00 (28.6%) Browning-Ferris Industries $838,619.00 City Cost Benchmark 730,t 17.00 i Difference . .. 108,502.00 (12.9%) The Sohd Waste Collection and D,spos;tion Study Committee recommended that Council continue the provision of residential refuse collection service with City of Roanoke employees; and reject ell other proposals received for the provision of residential refuse collection. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#33232-010697) A RESOLUTION concurring in the recommendation of City Council's Solid Waste Collection and Disposition Study Committee that the City continue providing residential refuse collection service with City employees. (For full text of Resolution, see Resolution Book No. 59, page 272.) ACTION: Mr. Parrott moved the adoption of Resolution No. 332324)10697. The motion was seconded by Mr. Swain and adopted by the following vote: 8O AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers ........ 7. NAYS: Non: 0. BUDGET-COMMI1TEES-LEGISLATION: Council Member William White, Sr., Chairperson, Legislative Committee, presented a written report on behalf of the Committee, advising that on September 16, 1996, the Legislative Committee met and heard a report of the City Attorney recommending that the City retain the services of a legislative liaison for the 1997 Session of the General Assembly; the Committee concurred in the City Attomey's recommendations and directed that he commence the process of obtaining proposals from qualified persons; after advertisements in the Roanoke and Richmond newspapers, proposals were received from four persons, all of whom were deemed qualified; each of the proposers were interviewed on December 23, 1996; and subsequent to the interviews, Thomas A. Dick was determined to have presented the best proposal to meet the needs of the City. It was explained that a contract was negotiated with Mr. Dick, by which he agrees to perform certain services on behalf of the City, for iLl On behalf of the Legislative Committee, Mr. White recommended adoption of a resolution authorizing a contract with Thomas A. Dick and a budget ordinance appropriating funds for the purpose; and further recommending for the balance of the current fiscal year, $15,000.00 be appropriated from General Fund Contingencies to fund the contract. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (~332334)10697) 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 274.) a cost not to exceed $21,000.00, plus out-or-.pocket e.x..pensss, for calendar year 1997; and the proposed contract g,ves the C,ty the right to extend on the same terms and conditions for calendar years 1998 and 1999. 8! ACTION: Mr. White moved the adoption of Ordinance No. 33233-010697. The motion was seconded by Mr. Swain. Mr. Pater W. White, 2615 Rosalind Avenue, S. W., expressed concern with regard to other legislative bodies that Mr. Dick might represent, as well as public, private, or national entities. He inquired as to whether the City is purchasing enough representation for $21,000.00 per year, and also inquired as to how the City reached the point where the City Attomey'e Office could not perform this function. He stated that when the City Attorney represents the City of Roanoke before the General Assembly, the citizens of Roanoke know that they have an individual in Richmond who is solely representing the interests of the City. Vice-Mayor Wyatt advised that she had no problem with the concept of hiring Mr. Dick to lobby for the City; however, her concern related to the process that waa followed. She explained that she serves as a member of the Legislative Committee; however, she discovered after the fact that the interviews were bald and a potential candidate was to be recommended, and at no time was she asked to participate in the selection process. For the above reason, she stated that she would not support the resolution. Mr. White advised that as Chair of the Legislative Committee, he made the decision that he, along with the City Attorney and the City Manager, would represent the committee to inl~rview potential candidates, and he extended an apology to Vice-Mayor Wyatt for not including her as a part of the interview committee. Mr. Harris advised that the time and responsibilities of the City Attorney are such that it is not fair to expect him to continue to represent the City's interests before the General Assembly. However, he stated that he was somewhat philosophically opposed to retaining an outside lobbyist because he feels uncomfortable in having the City's legislative issues presented by anyone other than a member of the municipal staff who is not only acquainted with the General Assembly, but with the workings of City government and the needs of the various City departments. ACTION: Ordinance No. 332334)10697 was adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White and Mayor Bowers S. NAYS: Council Members Wyatt and Harris Mr. White offered the following resolution: (~33234-010697) A RESOLUTION authorizing execution of a contract with Thomas A. Dick to provide legislative liaison services. (For full text of Resolution, see Resolution Book No. 59, page 275.) Mr. White moved the adoption of Resolution No. 33234-010697. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White and Mayor Bowers .... 5. NAYS: Council Members Wyatt and Harris 2. CITY CODE-CITY MANAGER-AUDIT COMMITTEE: Council Member William White, Sr., Chairperson, Audit Committee, presented a written report on behalf of the Committes, with regard to amendment of Section 2-121, Code of the City of Roanoke (1979), as amended, with regard to approval of transfers between departments in the amount of $25,000.00, which is an increase over the current allowance of $5,000.00. A staff report advised that Section 2-121, Code of the City of Roanoke (1979), as amended, authorizes the City Manager to make transfers of funds, not exceeding $5,000.00, between City departments as eet forl]l in the annual appropriation ordinance; the previous amount was $1,000.00 and Council established the maximum $5,000.00 allowance on transfers on January 8, 1979, pursuant to Ordinance No. 24480; since that time, the Consumer Price Index has increased 130 per cent, or an average compounded rate of five per cent per year; the City Manager currently has the authority to enter into contracts not exceeding $75,000.00, without prior approval of Council, and to approve contract change orders in the amount of $25,000.00 on construction 83 ACTION: contracts; the City Manager also has authority to execute documents or approve contract changes relaUng to grants of funds from the Federal and Stats governments for any public purpose, up to $25,000.00; and to conUnue to have conaistsncy and effectiveness within tile budgetary process, without aignificant loss of financial control, the Internal Auditor baa suggeatsd that the maximum amount of funds transfer allowed between depa, b~ents that can be authorized by the City Manager needs to be increased. The Audit Committee recommended that Council approve an amendment to Section 2-t2t, Code of the City of Roanoke (t979), aa amended, to authorize the City Manager to approve transfers between dspa, l,,ents in the amount of $25,000.00, which is an increase over the cu, ~nt allowance of $5,000.00. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: (~33235-010697) AN ORDINANCE amending and reordaining §2- 121, Authority_ to transfer funds. Code of the City of Roanoke (t979), as amended, by increasing to $25,000.00 the maximum amount of money the City Manager may transfer within or between the several depa, b~ents and divisions set forth in the annual appropriation ordinance, rather than the currant ceiling of $5,000.00; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 275.) Mr. White moved the adoption of Ordinance No. 33235-010697. 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: Nono 0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ACTION: · STREETS AND ALI.EYS: Ordinance No. 33218 repealing3 Ord,nanca No. 33t72-110496, and vacating, discontinuing and ~:losin~ s certain ten-foot wide alley running between Lots 32 and . Secti,2~ 3 33 ....... 9, Map of East Gate, Plat No. 2, of record in the Circuit Court of the City of Rosnoke, Virginia, having previously been before the Council for its first reading on Monday, December 16, 1996, read and adopted on its first reading and laid over, wes again before the body, Mr. Harris offering the following for its second reading and final adoption: (~33218-010697) 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. S9, page 256.) Mr. Harris moved the adoption of Ordinance No. 33218-010697. The motion wes seconded by Mr. White and adopted by the following vote: AYES: Council Membere Harris, Parrott, Swein, Trout, White, Wyatt and Mayor Bowers 7. NAYS: Nono Ge MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: Ih BUDGET-COUN..C. IL: The City Clerk wes inetru.c, tad to poll the embers of Council with regard to establishing a meeting date for the Council's Financial Planning Workshop. TAXES: Mr. Swain advised that he recently requested a report with regard to the nu.mber of tax exempt real properties in the City of Roano.ke, and the D,rector of Real Estate Valuation rospon.ded by provid,ng a report which was broken down into three categories. He stated that although ,he did n. ot intend to address the report today, there appears to be a certain unfalmoss in one cat;mow an,* . ., .--o., -, ,,.uuu~sary, ne would bnng the. matter, to Coun~,l s attention at a later date following further discuee,ons m~ the D,rector of .Real Estate Valuation. He referred to taxes on agricultural proper'dos ,n the City which he would also address at a later date. 85 POLICE DEPARTMENT: The Mayor advised that in t995, no murders took place in the City of Roanoke which is a major accomplishment for a city the size of Roanoke; however, in 1996, 13 murders were committed; whereupon, he called upon the City Manager for remarks. The City Manager called upon Major Jame~ L. Vier, Acting Chief of Police, for a briefing on homicides from 1993-t996. (See statement on file in the City Clerk's Office.) HEARING OF CITIZENS UPON PUBLIC MA*Fl'ERS: None. At 4:35 p.m., the Mayor declared the meeting in recess. At 5:25 p.m., the meeting reconvened in the Council Chamber, with Mayor Bower~ presiding, and all Members of the Council in attendance. ACTION: COUNCIL: With respect to the Executive Session just concluded, Mr. Swain moved that each Member of City Council certify to the beet of his or her knowledge that: (1) only public business matters lawfully exemptmJ from open meeting requiremente under the Virginia Freedom of Information Act; and (2) only such public business mattars as were iden~fied 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 ;;arris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. The Mayor requested that the record reflect that Council Member Parrott did not participate in the discussion regarding one of the Executive Sessions due to a potential conflict of interest. OATHS OF OFFICE-COMMII-I'EES-HUMAN DEVELOPMENT: The Mayor advised that there is a vacancy on the Advisory Board of Human Development created by the resignation of Harold F. Dill, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Gina B. Wilbum. There being no further nominations, Ms. Wilbum was elected as I a member of the Advisory Board of Human Development, for a term ending November 30, 2000, by the following vote: ACTION: FOR MS. WILBURN: Council Members Harris, Perrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. There being no further business, the Mayor declared the meeting adjourned at 5:25 p.m. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor i 87 REGULAR WEEKLY SESSION----ROANOKE CITY COUNCIL January21,1997 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 Tuesday, January 2t, 1997, at 12:30 p.m., the regular mesting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, B~ll~lJ~l~li~l~ of Section 2-t5, Bg]a~[El~,~b~ Code of the City of Roanoke (t979), as amended. 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 7. ABSENT: None e 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. CITY GOVERNMENT-CABLE TELEVISION-SCHOOLS: M. Michelle Bono, Public Information Officer, pmesnted a briefing on the Roanoke Valley Cable Television Access Channel (RV'W Channel 3). Ms. Bono advised that over 33,000 households in the City of Roanoke receive Cox Cable service which enables the City government to provide information to citizens regarding City services and programs. She explained that a franchise fee is paid by every Cox Cable customer, with four per cent going directly into the General Fund and one per cent having be. ch allocated to fund operating expenses of RVTV. She advised that the franchise agreement requires Cox Cable to provide $480,000.00 in a capital grant which covers the 12 year period of the franchise, with the provision that the funds can only be used to build and equip a government and educational access television station; and the franchise also provides for nine PEG channels as public education government access channels. She noted that three interloop channels were required as a part of the franchise, which means that there are certain internal channels available only to the City of Roanoke; for example: if the Fire Chief tapes a message at the RVTV studio, the message could be televised to all 14 fire stations concurrently and only those 14 fire stations would be able to view the program, therefore, the interloop channel provides a way to accommodate internal communications which would be exclusively for in-house use. She explained that the cable television franchise requires 21 fiber opti.c, insertion points which ara places located throughout the Roanoke Valley where hve programming can take place such as the Municipal Building, Roanoke Civic Center, Roanoke Public Library, and Roanoke Regional Airport, etc. Ms. Bono noted that the Roanoke Valley Cable Television Committee appointed an operations committee consisting of five staff people, one each from Roanoke City, Roanoke County, and the Town of Vinton and one from each of the school systems to provide the day to day oversight for RVTV, and a professional studio director was hired in February t993. She pointed out that funding and use of RVTV is based on the number of cable customers who live in each locality, that 59 per cent of Cox Cable customers live in the City of Roanoke, therafore, the City pays 59 per cent of the RVTV budget, and the City is entitled to 59 per cent of the work. She advised that the studio director raports to the Public information Officer; the Jefferson Center was selected as the site for the RVTV studio because it was determined to be a neutral site and accessible, consisting of a 4,000 squara foot professionally lit studio, two edit bays, a video toaster which is a computer graphics program designed for epocial effects, a sound proof audio room, a director's office, six cubicles and a conferanca room, a garage and a mini van which is used to transport equipment. She noted that RVTV has a current fiscal year budget of $154,193.00, with the City of Roanoke funding 59 per cent; the Cox Cable capital grant that initially was funded at approximately ...$~.0,000.00 is now do. wn to approximately $200,000.00, which raflecte the initial start-up and equ,pment purchases. In addition, she added that any funds left over at the end of each fiscal year is rolled over into a capital account to continue enhancement of funds and to insure that thera ara continuing funds to purchase equipment. In conclusion, Ms. Bono stated that it is felt that citizens watch RVTV and the City Council meetings in particular; and through the message board, citizens are more knowledgeable about City government services. She advised that the key to the success of RVTV has been the quality of staff who are committed to their jobs and wish to communicate with the citizens of the Roanoke Valley. Angela J. McPeak, Director, Roanoke Valley Cable Television, advised that RVTV coverage falls into four main categories: (1) Regular monthly series: Roanoke City Manager's Report, Roanoke County Today, and Spotlight on City Schools; (2) Live government meetings of Roanoke City Council and the Roanoke County Board of Supervisors; (3) Government departmental videos; Electronic message board which carries messages from Roanoke City, Roanoke County, and the Town of Vinton and their respective school ayatems. She highlighted certain video projecte which ware produced specifically for the City of Roanoke, viz: All America City video which was shown in Fort Worth, Texas, before the All America City Jury, PSA for WIC (Women's, Infants and Children's Food Supplement Program), Playing for Keeps which is now used aa a part of the Orientation for City and County coaches when they sign on for youth sports activi'dee, The Mayor's Summits: Community Pride and issues Relating to Mill Mountain, and Roll out video for the High Performance Organization management concept which is being shown throughout the City to introduce employees to the concept. Ms. McPeek advised that a total of 39 different projects were completed for Roanoke City, 27 projects for Roanoke County, two joint City and County projects, and the Town of Vinton has one production project which is currently in the planning stages. She stated that Roanoke City provides 59 par cent of the budget which last year would have been approximately $90,000.00, and from a conservative estimate, the value of productions for the City alone is believed to be in the range of approximately $t08,000.00 worth of work. She advised that 1996 was a year of growth inasmuch as overall growth, production and programming increased by 57 per cent, staff support increased to include three full-time and one part-time employee, the budget increased by 25 par cent, inquiries for services increased, and recognition of accomplishments of RVTV increased which resulted in receipt of six awards. For 1997, she stated that RVTV is looking at special issues such as the City Council Chamber which was not designed for television productions; as RVTV grows, there will be a need for additional personnel to meet the growing production scheduis, to cover special events, to produce and edit; and an ongoing need to update and replace video equipment. She stated that the goals for 1997 are to increase day time programming by adding more programs targetsd at senior citizen viewers, increase educational programming, increase special projects programming such as the Mayor's summits, continue to improve the quality of wo-rk, to b~ creative, and to increase overall vlawership. Inasmuch as the time allotted for the briefing had expired, the Mayor advised that the briefing would be continued until the 2:00 p.m. session of the Council· 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 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 John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris and Mayor David A. Bowers 7. ABSENT: None. · OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Ase,stant City Manager; Wilbum C. Dibling, Jr., City Attomey; James D. Griseo, 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. ACTS OF ACKNOWLEDGEMENT-COMMITTEES-COMMUNiTY PLANNING: The Mayor presented Richard L. Jones with a Certificate of Appreciation, a Crystal Star, and a City Seal paperweight in recognition of his service as a member of the City Planning Commission from January 22, t985 to December 31, 1996. 9! 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. He called specific attention to a request for an Executive Session to discuss personnel matters with regard to vacancies on various authorit~ee, beards, commissions and committees appointed by the Council. MINUTES: Minutes of the regular meetings of Council held on Monday, October 7, t996, and Wednesday, October 23, 1996, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) 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. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Wyatt, Trout, White, Harris and Mayor Bowers ?. NAYS: None 0. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by 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.) 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 wes seconded by Mr. Swain and adopted by the following vote: 92 ACTION: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: Nono BUDGET-ACTS OF ACKNOWLEDGEMENT-MANAGEMENT AND BUDGET-DIRECTOR OF FINANCE: A communication from Mayor David A. Bowers transmitting correspondence dated December 23, 1996, from the Government Finance Officers Association advising that the City of Roanoke has received the Distinguished Budget Presentation Award for 1996, which is the highest form of recognition in government budgeting and represents a significant achievement by the City organization; and a Certificate of Recognition for Budget Presentation has been awarded to the Office of Management & Budget which was primarily responsible for the City having achieved the award, 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. 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 COMMUNITY PLANNING-ROANOKE NEIGHBORHOOD PARTNERSHIP-OATHS OF OFFICE-COMMI'I'rEES: The following reports of qualification ware before Council: Barbara N. Duerk as a member of the City Planning Commission for a term ending December 31, 2000; and R. Jean Bevins as .a member of the Roanoke Neighborhood Pmlnerefup Steering Committee for a term ending November 30, 1999. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) ACTION: Mr. Whi~ moved that the reports of qualification be received and filed. The motion was esconded by Mr. Swain and adopted by the following vo~: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, HarTls and Mayor Bowers 7. NAYS: None 0. HEARING OF CITIZENS UPON PUBLIC MA'II'ERS: None. PETITIONS AND COMMUNICATIONS: BUDGET.GRANTS-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of $t25,533.00 from the Capital Maintenance and Equipment Replacement Fund which will be used for Stonewall Jackson furniture and equipment, facility maintenance, band equipment, Hurt Park improvements, and replacement of food service equipment; and further requesting appropriation of funds to the following school accounts, was before Council. Grant No. 6822 - $300.00 for the Arts Incentive Program at the Roanoke Academy for Math and Science. Federal funds will be used to help strengthen the arts program and to encourage innovative arts programs. This is a new grant program. Grant No. 6823 - $250.00 for the Arts Incentive Program at Lincoln Terrace Elementary School. Federal funds will be used to help strengthen the arts program and to encourage innovative arts programs. This is a new grant program. Grant No. 6957 - $15,000.00 for the Chess Program to pay for chess supplies, materials and toumament participation costs. A private donation has I:==n received for this continuing grant program. 94 ACTION: Grant No. 6792 - $6,200.00 for the 1996-97 Vocational Technology Grant to provide funds for the purchase of microcomputer hardware and software to be used to report vocational and occupational data to the State Department of Education. State funding in the amount of $3,100.00 will raimburae expermes with a local match in the amount of $3,100.50. This is a new program. A report of the Director of Finance advising that the request will appropriata funds for four grants in the School Fund, which grants ars funded with Federal and State funds and donations; the Vocational Technology Grant rsquirns a local match of $3,100.00, which is available in Account No. 030-960-6001-6452-9121, Compensation of Teachers; this is the sixth 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 $650,301.00; and recommending that Council concur in the request of the School Board, was also before the body. (For full text, see communication and rsport on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (~33236-012197) AN ORDINANCE to amend and reordain certain sections of the 1996-97 School and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 277.) Mr. Swain moved the adoption of Ordinance No. 33236-012197. The motion was seconded by Ms. Wyatt and adopted by the following vote: '1 AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers. 7. NAYS: None REPORTS OF OFFICERS: CITY MANAGER: COMMERCIAL PRINTING SERVICE-SCHOOLS: The City Manager aubmittsd a writ~n report advising that on December 20, 1995, the City Manager authorized iesuance of a contract with Woody Grephios, Inc., to provide commercial printing servica~ for the City for a period of one year, at a totsl annual cost of $55,222.00; on December 3t, t996, the commercial printing contract between the City and Woody Graphics, Inc., expired; printing specifications were developed based on printing services needed, and formal bid requests were sent to 23 commercial printing firms listsd in the Roanoke area, with seven firn~ responding; after due and proper adverUsement, bids were received and publicly opened and read in the Office of Supply Management; the lowest responsible bid meeting specifications was submitted by Woody Graphics, Inc.; based on costs per impression bid for various types of printing, the annual cost of the contract is estimated to be $55,422.00; all other bids exceeded the cost of the lowest bidder and/or did not meet required specifications; and the increase in cost of the new printing contract is approximately $200.00 which is due to a new printed item (i.e., business cards) being requested as a pert of the new commercial printing contract. The City Manager recommended that he be authorized to enter into a one-year agreement with the option to renew for two additional one-yesr periods for commercial prin§ng services at the various costs per impression bid by Woody Grephica, Inc.; 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: (#33237-012197) A RESOLUTION accepting the bid of Woody Graphics, Inc., to provide commercial printing services, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. (For full text of Resolution, see Resolution Book No. 59, page 279.) ACTION: Mr. Trout moved the adoption of Resolution No. 33237-012197. The motion waa seconded by Mr. Harris. Mr. White inquired aa to the necessity of going to the private sector for printing cc--ds; whereupon, the Manager of General Services advised that the contract includes all in-houee printing for the City since the City no longer operates an in-house printshop. Mr. Swain inquired as to whether printing needs could be handled as a cooperative effort with Roanoke County; whereupon, the Manager of General Services advised that the matter has bccn discussed with Roanoke County along in conjunction with other areas of joint cooperation. Inasmuch as there were unanswered questions, Mr. Trout moved that the matter be tabled. There being no eecond to Mr. Trout's motion, the Mayor declared the motion lost. The Mayor advised that the questions raised by Council Members White and Swain should be answered before Council takes action on the matter, and for that reason, he stated that he would not support the resolution before Council. Following further discussion, Resolution No. 33237-012197 was adopted by the following vote: AYES: Council Members Parrott, Swain, White and Harris NAYS: Council Mambere Trout, Wyatt and Mayor Bowers 3. Following further discussion and relative to future printing needs of the City, the City Manager was requested to determine if the Roanoke City school system has the capability of providing in-house printing ~rvise. s f_o.r, th, Ci~, and to advise as ~ the feasibility of combining ano,te t;ity and Roanoke County pnnting needs as a cost saving measure. BUDGET-TRAFFIC-SIGNALS AND ALARMS-CONSULTANTS REP. ORTS-EQUIPMENT: The City Manager submitted a written report edv;siflg that installation of the City's existing Central Business District Computerized Traffic Signal System, which controls and coordinates 'I traffic signal operstion~ at 43 intersections in downtown Roanoke, was completed in 1980; the syatom'e central control aystem, traffic signal controllers and cabinets, end communication cables must be repisced; the existing system is now obsolete due to rapid technological advancements in the traffic signal system industry; the manufacturer no longer stocks several major parts ussd in the City's system, and available parts have become expensive; traffic signal control equipment at each of the 43 intersections has also gone out of production, with replacement parts difficult to obtain; and funds, in the amount of $1,350,000.00, were included in the 1996 bond referendum for this purpose. It was further advised that an Engineering Services Qualification Proposal was publicly advertised and received from Kimley-Horn and Associates and Wilbur Smith Associates; interviews ware held with both firms, and negotiations ware conducted with the moat qualified firm, Wilbur Smith Associates, for necessary project plans. 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 Wilbur Smith Associates, in an amount not to exceed $163,148.00, for preparation of plans nccdsd to replace the existing traffic signal system, and establish a contingency of $15,000.00. Transfer $178,148.00 from the Streets end Sidewalks Category of the Bond Issue, Account No. 008-052-9701- 9191, to a new account entitled, "CBD Signal System". (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33238-012197) 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 280.) ACTION: ACTION: Mr. Trout moved the adoption of Ordinance No. 33238-012197. 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 Mr. Trout offered the following resolution: (#33239-012197) A RESOLUTION authorizing a contract with Wilbur Smith Associates, Inc., for the preparation of plans and engineering ssrvicee needed to replace the existing traffic signal system in the central business district of the City of Roanoke. [For full text of Resolution, see Resolution Book No. 59, page 281.) Mr. Trout moved the adoption of Resolution No. 33239-012197. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Han~s and Mayor Bowers 7. NAYS: Non= PURCHASE/SALE OF PROPERTY-TRAFFIC-EASEMENTS- CONDEMNATION PROCEEDINGS-INDUSTRIES: The City Manager submitted a written report advising that Council adopted Resolution No. 328~0-011696 on January 16, 1996, which authorized the City Manager to apply to the Virginia Depart,ant of Transportation (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 roadway project that would link Roanoke Electric Steel to the second phase of the Peters Creek Road Extension project; and Council adopted Resolution No. 32969-060396 on June 3, 1996, which concurred in a VOOT recommendation that all Roanoke Electric Steel Corporation truck traffic be prohibited from using Weetside Boulevard within three years from the date of funding allocation for the proposed industrial access road, and appropriate signage prohibiting through trucks on Westside Boulevard will be installed, and to provide a bond to VDOT in the estimated amount of $304,850.00 to assure compliance. It was further advised that the Commonwealth Transportation Board allocated $323,850.00 (upward adjustment of $19,000.00 by VDOT to provide funds to increase roadway width from 24 feet to 30 feet) at its meeting on June 20, t996, to provide adequate access to Roanoke Electric Steel; and the City is responsible for matching funds in the amount of $23,850.00, bringing the total estimated project cost to $347,700.00. It me explained that the Virginia Department of Transportation has designed turn lanes and · traffic signal for the intersection of Peters Creek Road Extension at the proposed industrial access road location, which work could have been left to the City to design aa part of the industrial access road project; a request wee then made to VDOT's Peters Creek Road Extension contractor, Fairfield Bridge Co., Inc., to add the traffic signalization work to its contract; an acceptable price quote of $98,112.84 has been presented to the City for approval at 100 per cent City expense; industrial access funds for the Roanoke Electric Steel project would then be used to pay for this change order, the cost of which was anticipated in the original application for industrial access funds; construction of the turn lanes is also a change order item in the amount of $55,586.89 at two par cent City expense ($t,t11.74), which funds are available in the Petara Creek Road Extension account; the change order includes a 25-day extension of time to complete the work; total amount of the City's responsibility for the change order is $99,224.58; end to accomplish said items, a change order or amendment to the Peters Creek Road Extension contract between VDOT and the City, which may include VDOT's contractor, Fairfield Bridge Co., Inc., is required, whereby the City will agree to pay the additional $99,224.58 for signalization and turn lanes. It was pointed out that City staff has selected a consultant to perform all neceesary surveys and design services to compiste plans and specifications for construction of the 0.17 mile industrial access road; the fee for engineering services was negotiated with Anderson & Associates, Inc., and a lump sum contract in the amount of $34,262.50 was awarded; industrial access funds will be used to pay for engineering services (available in the RES Industrial Access Project Account No. 008-002-9659-9003); the City is responsible for fumishing right-of-way for the industrial access road; authorization is needed by Council to acquire all necessary right-of-way and easements from one property owner, Haymes Brothers, Inc., Official Tax No. 6010603, and, 100 by resolution, request that the Virginia Department of Transportation donate to the City a residue parcel of land from property purchased (for Petsr~ Creek Road Extension project), which is identified as Official Tax No. 6010605; the coat of acquisitions will be in addition to the estimated project coat of $347,700.00, and will be subject to satisfactory environmental review; and City Manager authorization is needed to provide a bond to VDOT in the eetimatsd amount to be adjusted upward from $304,850.00 {as previously approved by Council) to $323,850.00, which is the amount approved by the Commonwealth Transportation Board. The City Manager recommended that Council concur in the following actions: Authorize the City Manager to execute a change order or amendment to the Peters Creek Road Extension contract between the Virginia Department of Transportation and the City, which may include VDOT's contractor, Fairfield Bridge Co., Inc., whereby the City will pay $99,224.58 to VDOT for the signalization and torn lanes. Authorize acquisition of all necessary right-of-way and easements for the industrial access road across the property of Haymes Brothers, Inc., Official Tax No. 6010603, said property rights may be acquired by negotiation or eminent domain, and acquisition shall be subject to satisfactory environmental review. Adopt an ordinance requesting the Virginia Depa,:.,,ent of Transportation to donate to the City residue property identified as Official Tax No. 6010605 needed for industrial access road right-of-way, such conveyance shall be subject to satisfactory environmental review. Authorize an amendment to Resolution No. 329694)63096 increasing the amount of the bond to VDOT from $304,850.00 to $323,850.00. (For full text, ssa report on file in the City Clerk's Office.) 101 ACTION: ACTION: Mr. Swain offered the following emergency ordinance: (t/33240-012t97) AN ORDINANCE approving the City Manager's execution of a Virginia Depa, l,,ent of Transportation (VDOT)Change Order to VDOT's contract with Fairfield Bridge Company, inc., providing for the addition of signalization and turn lanes at the proposed industrial access road to be included in the Peters Creek Road Extension Project; authorizing the amendment of Resolution No. 32969- 060396 providing for an increase of the City's bond to VDOT in the amount of $t9,000.00; and providing foran emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 282.) Mr. Swain moved the adoption of Ordinance No. 33240-012197. 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. Mr. Swain offered the following emergency ordinance: (#33241-012197) AN ORDINANCE providing for acquisition of property rights needed by the City for the Roanoke Electric Steel Industrial Access Road Project across property owned by Haymes Brothers, Inc., identified as Official Tax No. 6010603; eet'dng 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 th.e property ~r the purpose of commencing the project; requesting the Virginia Depal~imnt of Transportation to donate to the City the residue property on Official Tax No. 6010605 which is needed for said industrial access road right-of- way; said conveyances to be subject to a satisfactory environmental review; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 283.) Mr. Swain moved the adoption of Ordinance No. 3324t-012197. The motion was seconded by Mr. Trout and adopted by the following vote: 102 AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers. 7. NAYS: Non: 0. CONSULTANTS REPORTS-WATER RESOURCES: The City Manager submitted a written report advising that the Information Collection Rule (ICR) is a Federally mandated monitoring program requiring large water utilities (sewing greater than 100,000 population) to collect extensive chemical and microbiological date on water treatment processes; the ICR monitoring program is to begin in February 1997 and continue for a period of 18 months; laboratories performing analyses for ICR must be EPA certified and were required to provide ceri]flcetion upon submitting bids; bids for an outside laboratory to perform ICR compliance analysis testing ware solicited by the City of Roanoke; bid spociflcetiona, along with a Request for Quotations, ware sent to four laboratories to provide services for the ICR and are currently certified by the EPA to perform analyses; four bids were received and evaluated in a consistent manner by representatives of the departments of Utilities and Operations, Water, and Supply Management; and the lowest bid which was submitted by Environmental Engineering & Technology, Inc., meets all required specifications, at a cost of $155,990.00. The City Manager recommended that Council accept the lowest responsible bidas submitted by Environmental Engineering & Technology, Inc., at a cost not to exceed $155,990.00; 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: (#33242-0121.97) A RESOLUTION accepting the bid .of Environmental Eng,neering & Technology, Inc., for laboratory analysis services, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. (For full text of Resolution, see Resolution Book No. 59, page 284.) 103 ACTION: Mr. Harris moved the adoption of Resolution No. 332424)12197. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers. 7. NAYS: Non: 0. CiTY ATTORNEY: POLICE DEPARTMENT-CITY CODE-LICENSES-DISABLED PERSONS: The City Attorney submitted a written report advising that Section 46.2-731 of the Code of Virginia (1950), as amended, provides that persons operating vehicles diaplaying a parking permit for disabled persons shall be permittad to park in a metered perking space without paying a fee for up to four hours; such persons may also park in parking zones limited as to length of parking time for up to four hours; State Code provision states that it takes precedence over all local ordinances; and currently, Sections 20-76(c) and 20-8t(c) of the Cede of the City of Roanoke (1979), as amended, permit such persons i to park for an unlimited time in metered parking places. The City Attomey recommended that Council adopt an ordinance which would amend the City Code to conform to the requirements of the State statute; and advised that the City Manager and the Chief of Police concur in the recommendation. (For full text, ssa report on file in the City Clerk's Office.) ACTION: Mr. Parrott moved that the following ordinance be placed upon its first reading: (~33243) AN ORDINANCE amending and reordaining subsection (c) of §20-76, Parkin_a snaces reserved for persons with disabilities, and subsection (c) of §20-81, Exemptions from certain reauirements of Darkino_ meter reo_ulations, Code of the City of Roanoke (t979), as amended, by limiting to four hours the time in which a vehicle displaying a disabled license tag or placard may be parked in a parking zone limited as to time or in a metered space without paying the required fee. (For full text of Ordinance, see Ordinance Book No. 59, page 291.) 104 ACTION: The motion waa seconded by Mr. Trout and adopted by the following vote: AYES: Council Membem Parrott, Swain, Trout, Wltite, Wyatt, Harris and Mayor Bowers 7. NAYS: Nono 0. CITY CLERK: COUNCIL-SCHOOLS: The City Clerk submitted a written report advising that pumuant to Chapter 9, El;[IL~ali9~ of the Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Board Trtmtees, the three year terms of Marilyn L. Curtis, Mamha C. Ellison, and John H. Saunders aa Trustees of the Roanoke City School Board will expire on June 30, 1997; on June 30, 1997, Mm. Curtis will complete her third consecutive three-year term of office and is not eligible for mappointment; Section 9-17 of the City Code provides that applications must be filed in the City Clerk's Office by Mamh 10 of each year; application forms will be available in the City Clerk's Office and may be obtained between the hours of 8:00 a.m., and 5:00 p.m., Monday through Friday; and information describing the duties and responsibilities of School Board Trustees will also be available. (For full text, see report on file in the City Clerk's Office.) W'~hout objection by Council, the Mayor advised that the report would be received and filed. Council Member Swain requested that Membem of Council be provided with specific actions taken by the Roanoke City School Board during the past three yearn to address the following school-related issues: improving test scores, decreasing the dropout rate, decreasing the drug problem, and curtailing disruptive behavior. for replacement of wood windows with aluminum windows in the Commonwealth Building, advising that three bids were received, with PNC Corporation submitting the Iow bid in the amount of $73,913.00 and 150 consecutive calendar days to complete the work; the project consists of removal of the wood windows on the east side (Second Street) and windows on the south side (Luck Avenue) that are part of the east wing, which include 38 openings with two windows in each opening; whereupon, the Commiti~e recommended that Council concur in the following actions: Authorize transfer of $75,000.00 from the Capital Maintenance and Equipment Replacement Fund to a Capital account entitled, "Window Replacement - Commonwealth Building", as follows: Contract Amount $73,913.00 Contingency and Advertising 1.087.00 $75,000.00 Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~33244-0t2197) AN ORDINANCE to amend and reordain certain sections of the 1996-97 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 285.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 33244-012197. The motion was seconded by Mr. White and adopted by the following vota: 106 AYES: Council Membem Parrott, Swain, Trout, White, Wyatt, Hawls and Mayor Bowers 7. NAYS: Non= O. BUDGET-PARKS AND RECREATION-CAPITAL IMPROVEMENTS PROGRAM-CMERP: Council Member John H. Parrot& Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for reworking and painting the Mill Mountain Star and structure and Mill Mountain antenna, advising that following proper advertisement, two bids were received, with Williams Painting and Remodeling, Inc., submitting the Iow bid in the amount of $40,775.00 for Bid Items I and II for the star and structure, and $t5,663.00 for Bid Item III for the antenna; Kinsey Crane and Sign Co., also submitted a quotation to remove all tubing and tube supports to enable painting of the star, and following painting, Kinsey Crane and Sign Co., will reinstall the neon tubing with new tube supports, replace high voltage wiring from transformers to neon tubing at a total cost of $tl,925.00; whereupon, the Committee recommended that Council concur in the following actions: Authorize the transfer of funds from the 1995-96 Capital Maintenance and Equipment Replacement Program Fund to Capital accounts as established by the Director of Finance: Mill Mountain Star and Structure Mill Mountain Antenna Reject the other bid received by the City. $58,600.00 18,163.00 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: (~332454)12197) AN ORDINANCE to amend and raordain certain sections of the t996-97 General ar,d Capital Projects Fund Appropriations, and providing for an emargency. (For full text of Ordinance, see Ordinance Book No. 59, page 286.) 107 ACTION: ACTION: Mr. Parrott moved the adoption of Ordinance No. 332454)12197. The motion wes seconded by Mr. Swein and adopted by the following vote: AYES: Council Members Parrott' Swein, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: None 0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: INSURANCE-PARKS AND RECREATION-BILLINGS AND COLLECTIONS-LEASES-WATER RESOURCES: Ordinance No. 33231 authorizing a lease agreement between the City and Blue Ridge Zoological Society of Virginia, Inc., for land occupied by the Mill Mountain Zoo, including an additional 1.54 acres for a total leased area of 5.127 acres, said lease term to be for a period of five years to commence on January 1, 1997, and terminate on December 31, 2001, having previously bc.~n before the Council for its first reading on Monday, January 6, 1997, read and adoptmJ on its first reading and laid over, wes again before the body, Mr. Parrott offering the following for its second reading and final adoption: (#332314)12197) AN ORDINANCE authorizing a lease agreement between the City and the Blue Ridge Zoological Society of Virginia, Inc., for land to be occupied by the Mill Mountain Zoo, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 59, page 276.) Mr. Parrott moved the adoption of Ordinance No. 332314)12197, The motion wes seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swein, Trout, Wyatt, Harris and Mayor Bowers 6. NAYS: Council Member White 1. 108 ACTION: BUSES-COUNCIL: Mr. Swain offered the following resolution rescheduling the time and place of commencement of the regular mse~ng of City Council from 12:30 p.m., Monday, February 3, 1997, to 12:00 noon, Monday, February 3, 1997, 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.: (g33246-012197) 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, February 3, 1997. (For full text of Resolution, eee Resolution Book No. 59, page 288,) Mr. Swain moved the adoption of Rssolution No. 33246-012197. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: Nono Ow MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: COUNCIL-DECEASED PERSONS: Council Member White requested that the City Attorney prepare the proper measure memorializing the late Junius A. Haskins, Member, Lynchburg City Council, who passed away on January 17, 1997. BUDGET-TRAFFIC-SIGNALS AND ALARMS: Mr. White advised that on numerous occasions, citizens have addressed Council and the City Administration with regard to traffic signal needs throughout the City, and a list of traffic signal requests has been compiled which are prioritized by specific criteria. He called attention to a procedure to fund traffic signal requests from bond issue monies, however, there are not sufficient funds to meet all requests through use of bond issue funds. 109 Mr. White moved that the City Manager be requost~J to report to Council within a reasonable period of time with regard to funding the City's most immediate traffic signal needs. The motion was seconded by Ma. Wyatt and adopted. BUDGET-CELEBRATIONS-CITY EMPLOYEES: Vice-Mayor Wyatt that for the 1999 holiday season, Roanoke County, the City of Salem, the Town of Vinton, Bot~ourt County, and Franklin County closed their municipal offices on Christmas Eve; whereupon, she moved that the matter of providing Christmas Eve as an additional holiday for Roanoke City employees be referred to 1997-98 budget study for consideration by Council. The motion wes seconded by Mr. White and adopted. POLICE DEPARTMENT: Council Member Swein referred to a recent newspaper article in The Roanoke Times which indicated that there may be recruiting problems in the Police Department as a result of polygraph test standards; whereupon, he requested that the City Manager conduct an internal examination of polygraph test standards used for recruiting police officers. Vice-Mayor Wyatt requested that the broader issue of police officer recruitment be addressed. Following discussion, the City Manager advised that polygraph test standards will be reviewed through an intomal examination of methods used to determine if standards are comparable to other security related work. I&rlth regard to Vice-Mayor Wyatt's concerns, the City Manager advised that he would meet with her to discuss specific concerns. ZONING-TAXES-COUNCIL-SPECIAL PERMITS: Council Member Swain called attention to concerns expressed by citizens with regard to lowering the City's real estate tax rate, and advised that he would like to discuss the matter at the Financial Planning Session on Saturday, March 8, 1997. He spoke in support of a four-cents reduction in the real estate tax rate during the first year, followed by a two-cents reduction in each of the next four years. Mr. White requested that the City Administration review the effect, on a long-term basis, of a reduction in the real estate tax rate, specifically, the effect on capital bond ratings and debt service impact. He spoke in support of reviewing the agricultural land classification which could lead to reclassification of agricultural land and return of property to the City's tax roll. Also, at the Financial Planning Session, 218 Fall bulk and brush blitz of the City that waa not planned for occurred during the months of .September and October; approximately 786 to.ns, of debris were collected I from public rights-of-way and dmposed of at the Roanoke Valley Resource Authority at a non*budgeted cost of $35,370.00. Current contract for collection and disposal of City's bulk refuse container service is anticipated to exceed the City'e budget estimate by $2,725.00 inasmuch as the number of containers serviced increased from 27 to 28 unite. Consulting fese occurred that were not planned for because of the hiring of Malcolm Pimie, Inc., to aeslet the Solid Waste Dispoa~on Study Committee in preparing an RFP end assisted in the competitive negotiation for the procurement for solid waste preservation; at a total cost for the two contracts of $24,000.00. Anticipated spring bulk and brush blitz of the City that was not planned for is scheduled for the entire month of April 1997; and approximately 2,000 tons of debris is estimated to be collected from public righte-of-way and disoosed of I at the Roanoke Valley Resource Au~ority at'a-no~ budgeted cost of $90,000.00. The City Manager recommended that Council aDDroDriate $218,020.00 to Solid Waste Management accounts, witl~'rev'enu~ estimate increases as follows: Fee~ for ProfessiOnal Services 001-052-4210-2010 $218,020.00 Revenue E~mate Incree~ee: Sale of Surplus Property Trigon Settlement Total 001-020-1234-0861 001-020-1234-088~ $218,020.00 (For full text, see report on file in the City Clerk's Office.) 110 Mr. Swain auggeatad that Council discuss the issue of tax-exempt proper~ss of non-profit organizations and the feasibility of increasing the annual service charge from an amount equal to 20 per cent of the real estate tax levy to ae much as 30 or 40 per cent. BUDGET-PARKS AND RECREATION-COUNCII.-TRAFFIC: Council Member Harris requested that the City Manager investigate the matter of providing off-street parking for Lakewood Park which is located on Brandon Avenue in a heavily ;,-aveled area. He asked that the matter be referred to the City Manager and to 1997-98 budget study for discussion and consideration by Council. CITY GOVERNMENT-CABLE TELEVISION-SCHOOLS: Council at its 12:30 p.m., briefing session having continued the Roanoke Valley Cable Television, RVTV Channel 3, briefing, the matter was again before the body. Council Members offered the following suggestions: Development of a promotional program to be televised through local hotels and motels featuring tourist attractions and activities in the Roanoke Valley, with a monthly voice-over providing current information on area attractions. Review methods to make programming more intarective with the public, for example: call-in situations such as those that took place in the late 1970's regarding the City Market area, Design '79, etc. Provide more coverage for Roanoke City School Board meetings. Weetaide Elementary School ia a school for the performing arts and every seven weeks, each grade level presents a recital which could be televised on RVTV. Prepare a t0 - 15 minute program on what RVTV does for the Roanoke Valley community. Provide access for the Sister City Committee to televise videos relative to Roenoke's five sister cities. ACTION: 111 Increase the number of times that Roanoke City Council msetinge are rebroadcast. Integrate Roanoke City end Roanoke County public interest items. There being no further discussion, without objection by Council, the Mayor advised that the briefing would be received end filed. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 4:05 p.m., the Mayor declared the meeting in recess. At 4:40 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and ell 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 beet of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Fmcdom 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. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Boware 7. NAYS: None ..-0. OATHS OF OFFICE-COMMITTEES-ARCHITECTURAL REVIEW BOARD: The Mayor advised that them is a vacancy on the Amhitectural Review Board created as a result of the appointment of Robert B. Manette to serve as a member of the City Planning Commission, and called for nominations to fill the vacancy. On Monday, December 16, 1996, Mr. Manette was elected as a member of the City Planning Commission and in that capacity, he will serve as the City Planning Commission's designee to the Architectural Review Board; therefore, the position previously held by Mr. Manette in his capacity as a citizen member of the Architectural Review Board wee vacated. 112 ACTION: ACTION: ACTION: Ms. Wyatt placed in nomination the name of Richard L. Jones. There being no further nominations, Mr. Jones was elected as a member of the Architectural Review Board to fill the unexpired term of Robert B. Manetta, ending October 1, t999, by the following vote: FOR MR. JONES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that there is a vacancy on the Roanoke Redevelopment and Housing Authority to fill the unexpired term of Thaddeus H. Hale, Jr., and called for nominations to fill the vacancy. Me. Wyatt placed in nomination the name of Christie L. Meredith. There being no fuCd~er nominations, Me. Meredith was elected as a Commissioner of the Roanoke Redevelopment and Housing Authority Board of Commissioners to fill the unexpired term of Thaddeus H. Hale, Jr., ending August 31, 1998, by the following vote: FOR MS. MEREDITH: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .... ?. 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 William G. Nork, III, and called for nominations to fill the vacancy. Me. Wyatt placed in nomination the name of Yaunda C. Leftwich. There being no further nominations, Ms. Leftwich was elected as a member of the Roanoke Neighborhood Partnership Steering Committee, to fill the unexpired term of William G. Nork, III, resigned, ending November 30, 1998, by the following vote: FOR MS. LEFTWICH: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. Ms. Wyatt placed in nomination the name of William L. Bova. There being no further nominations, Mr. Bova was elected as a Director of the Industrial Development Authority Board of Directors to fill the unexpired term of Stanley R. Hale, resigned, ending October 20, 1997, by the following vote: ACTION: FOR MR. BOVA: Council Members Parmtt, Swain, Trout, White, Wyatt, Hattie and Mayor Bowers 7. OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that there i~ a vacancy on the Youth Services Citizen Board created by the resignation of George A. McLean, III, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Scott Katz. There being no further nominations, Mr. Katz was elected as a member of the Youth Services Citizen Board to fill the unexpired term of George A. McLean, III, ending May 31, 1997, by the following vote: ACTION: FOR MR. KATZ: Council Members Parrot'c, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. At 4:45 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Tuesday, January 21, 1997, 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 Membere in attendance, Mayor Bowers presiding. PRESENT: Council Members John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., C. Nelson Harris and Mayor David A. Bowers 6. ABSENT: Vice-Mayor Linde F. Wyatt 11 4 ..... OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened mssting 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 Boware. ACTS OF ACKNOWLEDGEMENT-PENSIONS-CITIZEN OF THE YEAR: On behalf of the City of Roanoke and Members of the Roanoke City Council, the Mayor announced that Wiley N. Hubbell was selected by the Members of Council to receive the City of Roanoke's 1996 Citizen of the Year Award. Among Mr. Hubbell's many accomplishments, the Mayor advised that he sewed has served aa a member of the Board of Directors of the United Way for 17 years, a member of the Board of Directors of Habitat for Humanity for .nine years, a member of the City of Roanoke Pension Plan Board of Directors for 20 years, a member of the Big Brothers organization for ten years, and Trsesurar of the Diocese of Southwestern Virginia for 20 years. The Mayor presented Mr. Hubbell with a 1996 Citizen of the Year Plaque and a Key to the City in recognition of his outstanding achievements. PETITIONS AND COMMUNICATIONR: ZONING-ARCHITECTURAL REVIEIN BOARD: Council at its meeting on Monday, December 16, 1996, having previously continued a request of Edward A. Natt, Attomey, representing Maple Avenue Associates, Inc., in connection with an Architectural Review Board appeal process to demolish the structure located at 1422 Maple Avenue, S. W., the matter was again before the body. Donald C. Harwood, Member, Architectural Review Board, preesn, ted a report of the Board advising that the City Building Commlesioner ordered repairs to the house located at 1422 Maple 115 Avenue, S. W., on January 9, 1996; the property owner requested demolition of the structure identified as Official Tax No. 1031606 and applied to the Architectural Review Board (ARB) for a Certificate of Appropriateness; on May 9, 1996, by a vote of 54), the Board denied issuance of s Certificate for demolition, finding that the loss of the house would be adverse to the district because of the uniqueness of the building and its contribution to the district end that its loss would be adverse to the etreetscape, the neighborhood, and the district; and no proposed new use of the property had been presented. It was further advised that the decision of the Architectural Review Board was appealed to Council; on July 15, 1996, Council affirmed the decision of the Board to deny a Certificate of Appropriateness for demolition of the structure; the property owner desired to sell the building (Official Tax No. 1031606) with the vacant lots on either side of the building (Official Tax Nos. 1031605 and 1031607); issues arose regarding sale of the property and the right to demolish the building, therefore, the owner re-subdivided the property to vacate existing lot lines and to combine the three properties into one, now identified as Official Tax No. 1031606. i It was explained, that the property owner is .m.q.ussting another Certificate of Appropriateness to .demolish the .bu,ld,.ng on the new, combined parcel; the only change in the request ~ the ,nclusion of the two vacant side lots with the building; the owner wishes to sell all of the property as a single unit (now re-subdivided into one lot and designated as Official Tax No. 1031606), and demolish the building (with a Certificate) or demolish the building (without a Cer'dficate) under Sections 36.1-331 and 36.1-349 of the Code of the City of Roanoke (1979), as amended, which provide for demolition after offering the property for sale. It was pointed out that the Architectural Review Board considered the revised request to demolish the house located at 1422 Maple Avenue, S. W., on November 14, t996; the Board voted 4-0 to deny a Certificate of Appropriateness; the ARB determined that the architectural and historical value of the property had not changed since the previous request and that its decision of May 9, 1996 was still valid; the building is architecturally significant and unique to the district and its loss would be adverse to the streetscape, the neighborhood and the district. 116 The Architectural Review Board recommended that Council affirm the Board's decision of November 14, 1996, to deny a Certificate of Approprlatensss for demolition of the building located at 1422 Maple Avenue, S. W., inasmuch as the building is a significant and unique architectural structure in the district and its loss would be adverse to the district, the streetscape, and the neighborhood; and, in addition, no new use of the subject property is proposed. (For full text, see report on file in the City Clerk's Office.) Edward A. Natt, Attorney, representing the petitioner, advised that his client wishes to demolish the house at 1422 Maple Avenue, therefore, he reclueeted a Certificate of Appropriateness for Demolition from the Architectural Review Board (ARB) which request was subsequently denied, thus, his client appears before Council this evening to appeal the recommendation of the ARB. He pointed out that the house and the two adjoining lots, which are now one parcel, have been in single ownership since the early 1900's, that his client purchased the property over ten years ago before the historic district regulations were implemented, and, et the time of purchase, his client had no knowledge that the historic district regulations were being implemented. Mr. Natt explained that his client has attempted to comply with provisions of the ordinance and addressed requirements set forth in Section 36.t-330 of the Code of the City of Roanoke (t979), as amended., regarding standards f.o.r issuing Certificate of Appropriateness. He advised that ;f one looks :t the house, the surrounding property, and the construction which has taken place directly across the street from the property, it can be seen that the historic district has already been invaded. He stated that Old Southwest, Inc., has called attention to certain historic items currently existing on the house, but to contend that these few items add enough significance to justify the requirement that the house not be demolished looks beyond the nature and intent of the historic district ordinance, and submitted that the house in its present condition does not add to, and may detract from, the .overall historic district. He pointed out that the house has been appra,eed by a qualified real estate appraiser, and if Council does not approve the demolition, his client is prepared to list the property on the open market with a realtor as required by the ordinance, and if the property does not sell within the prescribed statutory time, his client will cause the structure to be demolished. in conclusion, Mr. Nett advised that demolition of the hoose will not have an adverse impact on the character and surrounding environment of the historic district, and the purpose and necessity of demolition is in accordance with the intent of the historic district ordinance which is to rid the area of dilapidated etructurss. He added that loss of the etructurs would not be adverse to the epirit and intent of the historic district eea whole, therefore, Council ahould approve issuance of the Certificate of Demolition. The Mayor called attention to correspondence from Ms. Eilene McCall, t831 Oxford Avenue, S. W., dated January 21, 1997, and Paula Prince, President, Old Southwest, Inc., dated November 14, 1996, and January 21, 1997, and requested that the letters be made a part of the record. 117 (For full text, ess communications on file in the City Clerk's Office.) Max W. Mstthewe, 25 Walnut Avenue, S. W., Vice President, Old Southwest, Inc., requested that the appeal of Maple Avenue Associstas be denied. He advised that in July 1996, Council upheld the decision of the ARB and denied the first appeal and, at that time, Council ordered the property to be assessed at fair market value and listed for sale through a listing agent, but instead Maple Avenue Associates had the property re-subdivided which resulted in placing the fair market value out of reach of a potential buyer who, since early 1996, has desired to own and renovate the structure. He stated that Mr. Natt is now eubmit'dng that the reapplication and appeal is significantly different; however, in view of the standards for granting demolition as set out in the City Code, the facts remain the same and the purpose of the proposed demolition is still not in accordance with the intent of the H-2 District and would be adverse to the district and to the public interest. He explained that the house is still structurally sound and architecturally significant, the character of the atrsstecape and surrounding environment would still be negatively altered by such demolition, and there is no development plan for new use. He advised that rsaubmi~ng the same petition, in essence, asks the Architectural Review Board and the City Council to turn their backs on sound decisions that were previously made and violates the spirit and intent of the district's protective regulations. Ms. Anne S. Beckett, 5487 Yale Drive, Salem, Virginia, advised that instead of demolishing the structure and building new, thus, depleting natural resources, the recently enacted t997 State 118 Rehabilitative Tax Credit Act allows for rehabilitation with tax s ' paesed on to the homeowner, k, ~..,~ ........... av,ngs 1422 Man · A,..,,. :. _ S..--.,,~.um.~r aavmeea mat me house at ~ ...,.I .~..,,., ,o · prime rand,dam for receiving and benefitting from this .program and will serve aea precedent for other requests. She ex.plamed that the ore..torching purpose in usin tax c ' maintain and romote v,,.;.:.,- _, ..... g radmts Is to neighborhoods P~rc;..~. :___~...._~-,_,,,,..~, vm~m oowmowns and historic ..... --,..-- ,-·uvermn,y support Vi-,,ini-' · u ,- o ~uflomy, ana ~ren. a~? .itating the ?tructu .m at 1422 Maple Avenue and others ' ' · nelp to Keep peonis bu ......... · like It will historic nei-hbo~o' -o,-uues ano money m Roanoke'a downtown ti ods. ~ .Mrt Thoma.s.L. Do.wdy, 1348 Maple Avenue, S. W. ad ' _e_n~gh. _b~..rh..ood Is mov,n, in the right direction ,, .~-~--~-m-ed ..t~at · . b..-,,,,,,,u.g romar mu,. -emolmmng a number of historic ,,--...--- WOuld be a mistak- ,- -, ...... ,--,,~,~,u,a. ne atatad that it · - ~, uumolmn 1422 Maple Avenue and allow - ~°nmovm:~C~aaln~r~coP~nvrt~erte~d ~ i~r°o~,,tru..ctad, w~_en the house could b~ · p eelonal omce apace. He requested that Council deny the request to demolish the structure. d . . Following dis. cussion, Mr. Harris moved that Coun ecislon of the Architectu.-, =__, .... cml affirm a no Certificate of A--ro-~":~'~uv'u-w _=~ar;I on November 14, 1996, that v~, p renees oe issued for the demoli · structure located at 1422 Ma,~le * ...... -- .... tmon of the ~' ,'~--~fluu, O. Illf., On ~la roun of the structure would be adve,~- *.- ,4._ ~: .... ? d.s that loss b ' · .-- ~, u~u ur~iTICT an{] Ute ub ' y virtue of its uni-uen ..... ~ .... . P I,c Interest .... -~ --- ·.u mgmncance to the district, and that o! tho a .ctura would have a ~-.raczer ana surroundln, anvlron,~... _~.._ ...... ct .on aeconded bv Mr -~-,-;- -'-., --,- ~"-".~:" ~.:m., .-.ismct. The motion was - · ----.., ,,,u ·uopze, Dy tile following vote: AYES: Council Members Parrott, Swain, Trout, Whita Ha ' . Mayor Bowsre -- ....... , .,~,-q ,mm, rmms and. NAYS: None 0. (Vice-Mayor Wyatt wes absent) SCHOOLS-STREETS A..ND ALLEYS: Pursuant to Resolution 25523 adopted by the Council -,- u,,_~ ..... * No. having advertised a public he~l~'~a~-P~, 6, 7981, the City Clerk 7:00 p.m., or aa ao,~- ,k .... ,~__ ".~' u.e. suay, aanuary 21, 1997, at --.. -,=,,,rorer aa me matter may be heard, on the ACTION: 119 request of the City of Roanoke to close and discontinue, by barricade, the esstommost terminus of Mount Holland Drive, S. W., near the mar entrance of Hidden Valley Junior High School, the matter was before the body. Legal advertisement of the public hearing was published in The RoanQl(e Tilllss on Friday, January 3, 1997, and Friday, January 10, 1997, and in the ~ on Thursday, January 9, 1997, and Thursday, January 16, t997. (See publisher's affidavits on fils in the City Clerk's Office.) A report of the City Planning Commission advising that the te,,,,inu$ of Mount Holland Drive, S. W,, aa requested for closure, is located east of the Route 4191Keagy Road intersection; and the street terminus abuts property owned by the Roanoke County Board of Supervisors and occupied by Hidden Valley Junior High School, was before Council. The Planning Commission recommended approval of the City's application to alter, by closure with barricade, the existing easterly terminus of Mount Holland Drive, S. W., and that the City Manager be authorized to undertake the following actions: Direct City forces to install appropriate curbing to effect the alteration by closure of the eestedy terminus of Mount Holland Drive, S. W., in the form of a landscaped island. Install landscaping material, shrubs, etc., at a controlled height, sufficient to allow for the passage of emergency vehicles over the barricade in the event of any future emergency on Hidden Valley Junior High School property. The design of the barrier shall provide for pedestrian and bicycle access. (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: 120 (f~33247) AN ORDINANCE authorizing the alteration and closing by barricade of a certain public right-of-way, in the City of Roanoke, Virginia, es more particularly described here,nalter. (For full text of Ordinance, sss Ordinance Book No. 59, page 293.) The motion was seconded by Mr. Swain. Edward R. Tucker, City Planner, presented a briefing on the series of events that led up to the public hearing. John R. Marllss, Chief, Community Planning and Development, presented a description of the proposed traffic control barricade. The Mayor inquired if there ware parsons present who would like to address Council with regard to the request. Mr. C. Michael Thacker, 4929 Mount Holland Drive, S. W., presented a communication from Ms. Sharon S. Mitchell, 4938 Mount Holland Drive, S. W., in support of the recommendation of the City Planning Commission (See communication on file in the City Clerk's Office). On babe? .o.f residents of Mount Holland Drive, Mr. Thacker expressed ap. prec~al~on for Council's recognition of the problems and for Council's ,nitiative in taking a proactive role to resolve the situation. He stated that he supports the recommendation of the City Planning Commission. Dr. Marc G. Nevin, 1920 Cantle Lane, S. W., addressed the issue of safety, and questioned how, in a serious emergency, would emergency vehicles access Hidden Valley Junior High School which is Iocal~l on a hill, well offthe main road, and not visibis from Route 419. He added that any type of emergency could block the only open entrance to the school, and stated that if the City votss to permanently blockade the rear entrance to Hidden Valley Junior High School, there will be no other access to the school, and because of the geography of the area, there is no other way to enter or exit in an emergency situation. He expressed concem for the safety of all children and advised that no school should be without some alternative entrance in an emergency. Ms. Danielle W. Rand-Byrd, 2317 Stallion Circle, S. W., expressed concern with regard to the safety of children attending Hidden Valley Junior High School. She advised that with the present structure of the the Zone Representative, and residenta of Mount Holland Drive would be notified accordingly. Deanna W. Gordon, Superintendent, Roanoke County Schools, appeared before Council on behalf of the Roanoke County School Board, and requested that the City not vacate any portion of Mount Holland Drive as has been recommended by the City Planning Commission. She advised that retaining the opportunity for the school to have access to Mount Holland Drive and a signalized intersection at Keagy Road would advance the cause drastically, and a better solution would be the traffic signalization at the intersection of Mount Holland Drive and Route 4t9, however, there appears to be no indication that access to a light will occur. She added that school officials have indicated that they do not intend to use the connection as a principle access to the school, but they are interested in assuring that Mount Holland remains available for res~cted use. She advised that there is concern that vacation of the street creates legal questions as to the ownership of the underlying right- of-way, which may be extended to more dramatic restriction of the rights of the school. She requested that Council deny construction of the barricade. (See statement on file in the City Clerk's Office.) David W. Blevins, 5011 Cave Spring Circle, S. W., Principal, Hidden Valley Junior High School, advised that for the past 25 years, neighborhood residents have used the facility at Hidden Valley for walking, jogging, biking, sledding, and all of these activities have been allowed by the school, even though there are no trespassing signs currently posted at every entrance. He stated that this is the way good neighbore treat each other and good neighbors do not build barricades between themselves. He advised that school officials have tried to discuss the issue with residents of the neighborhood to no resolution. He asked that Council concur that cooperation is a term which is often used to promote the relationship between Roanoke City and Roanoke County, and if a barrier is constructed between Roanoke City and Roanoke County, the concept of cooperation between the two localities will take a step backwards. Mr. Thomas A. Leggett, 6413 Hidden Valley Drive, S. W., advised that if there is ever a time to show that the two localities stand as a region, that time is now. He stated that cost and balance should be 122 considered because the language of democracy is compromise. He added that with reasonable cooperation, at a minimum of approximately tan times per year, the gate could be opened for varioue activities et Hidden Valley Junior High School to allow persons to exit safely because it ia difficult to make a lefi turn onto Route 419 from Hidden Valley Drive. He asked that Council reconsider the matter and agree upon limited access at night when needed, and such action would afford City Council the opportunity to set · standard and to demonstrate that the City of Roanoke is a regional leader. Mr. James W. Walker, II, 4950 Keithwood Drive, S. W., addressed Council in support of construction of the barricade. He stated that if the barricade is damaged by use in a non-emergency situation, the City of Roanoke should bill Roanoke County for damages. Mr. William R. Burton, 4829 Norwood Street, S. W., advised that neighborhood schools exist throughout the City with roads that go by the schools, and inquired as to what makes the Mount Holland Drive situation different from any other neighborhood. He stated that children play in the streets everywhere, school buses travel all over the City, and whether the gate at Hidden Valley Junior High School is raised or a barricade is installed, he did not understand how such action could be right at one location and wrong at another. Mr. Daniel R. Lubbs, 5007 Mount Holland Drive, S. W., advised that the issue is not Roanoke County versus Roanoke City, but rather an issue to guarantee the safety of citizens residing in the community. He stated that emergency access has been provided and the proposed curb/grssn barricade would not effect the current status of the area, therefore, he encouraged approval of the barricade by the City of Roanoke. No other persons wishing to address Council with regard to the matter, Ordinance No. 33247 was adopted on its first reading by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers 6. NAYS: Hone .. 0. _! (Vice-Mayor Wyatt was absent) TRAFFIC-PLANNING-GRANTS-VIRGINIA TRANSPORTATION MUSEUM-GREEHINAY SYSTEM: The City Clerk having advertised a public hearing for Tuesday, January 2t, 1997, at 7:00 p.m., or as soon thereafter aa the matter may be heard, with regard to consideration of previously received applications for Federal funds expected to be reauthorized and made available through the Intermodal Surface Transportation Efficiency Act (ISTEA) for transportst]on enhancement projects in fiecal year t997-98, the matter was before the body. Legal advertisement of the public hearing was published in The ~tl]9~}~l on Tuesday, January 7, 1997, and Tuesday, January 14, 1997. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Manager advising that the Intarmodal Surface Transportation Efficiency Act (ISTEA) was signed into Federal law in December 1991, providing new transportation legislation that places the power of decisionmaking with Stats and local governments; and 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 activ~es, was before Council. It was further advised that two enhancement project applications were present~l to Council for endoraement, which applications require, according to the Virginia Depa,'l,,,ent of Transportation, that the City agree to pay a minimum of 20 per cent of the total cost for planning and design, right-of-way, and construction of the project; if the City subeaquently elects to cancel the project, the City agrees to reimburse VDOT through the date of cancellation of a project; and project funding descriptions ara as follows: Virginia Museum of Transportation - total project cost estimated at $786,500.00. A total of $386,500.00 (49%) in Federal ISTEA funding is sought with the remaining non- Federal total of $400,000.00 (51%) provided by the applicant with funds previously committed from the 1996 Bond Issue. City of Roanoke - total project cost estimated at $754,365.00. Of this total, $240,000.00 was approved by the Virginia Deperb,,ent of Transportation in June 1996, 123 124 with a local match of $271,000.00. The remaining balance of $243,365.00 is the amount of ISTEA funds being requssted, using the original local match of $27t,000.00 that was used to ~ecure last year'a ISTEA funding. The City Manager recommended that Council approve the following actions: Endorse project applications by separate resolutions. Agree to pay 51 par cent and 20 par cent, respectively, of total project costs end, if the City elects to cancel any project, the City would reimburse the Virginia Department of Trausporlation for the total amount of costs associated with any work completed on either project through the date of cancellation notice. Authorize the City Manager to execute, on behalf of the City, City/State Agreements for project administration, subject to approval of project applications by VDOT. Authorize the City Manager to execute, on behalf of the City, a legally binding agreement with the Virginia Museum of Transporlation, subject to approval of the application by VDOT, requiring the Museum to be fully responsible for 5t per cent matching funds, as wall as all other obligations undertaken by the City by virtue of the City/State Agreement. A report of the City Planning Commission endorsing the abovedsscribed project applications, was also before Council. (For full text, see reports on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (~33248-012197) 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. 59, page 288.) 125 ACTION: Mr. Trout moved the adoption of Resolution No. 33248-012197. The motion was seconded by Mr. Harris. The Mayor inquired if theirs were persons present who would like to addrees Council with regard to the matter. Cynthia E. Dillon, President, Board of Directors, Virginia Museum of Transportation, reviewed projects successfully completed to date at the Trensporlation Museum, as well as proposed future projects. She requested Council's endorsement of the Transportation Museum's t997 ISTEA request, specifically to include construction of a train shed, an elevated platform, amphitheatre, a facial upgrade, and an observation tower, at s total estimated cost of $786,500.00, of which $386,500.00 is requested through ISTEA funds. Resolution No. 33248-012197 was adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris and Mayor Bowers ........... 5. NAYS: None. . 0. I (Vice-M.a.yor Wyatt was absent.) (Council Member Parrott absta,ned from voting.) Mr. Trout offered the following resolution: (~33249-012197) A RESOLUTION requesting that the Commonwealth Transportation Board establish a project for the first phase of the Roanoke Valley Comprehensive Greenway System. (For full text of Resolution, see Resolution Book No. 59, page 290.) ACTION: Mr. Trout moved the adoption of Resolution No. 33249-012197. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Parmtt, Swain, Trout, White, Harris and Mayor Boware 6. NAYS: None 0. (Vice-Mayor Wyatt was absent.) 126 OTHER HEARINGS OF CITIZENS: None. There being no further business, the Mayor declared the meeting adjoumed at 9:05 p.m. AI-I'EST: APPROVED Mary F. Parker City Clerk Mayor 1:)7 ROANOKE CITY COUNCIL --- VINTON TOWN COUNCIL February 3, t997 12:00 noon A joint meeting of the Roanoke City Council and the Vinton Town Council was called to order on Monday, February 3, 1997, at 12:00 noon, at Campbell Court, 17 Campbell Avenue, S. W., Roanoke, Virginia, with Mayor David A. Bowers and Mayor Charles R. Hill presiding. ROANOKE CITY COUNCIL MEMBERS PRESENT: Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, John H. Pan'off and Mayor David A. Bowers 6. ROANOKE CITY COUNCIL MEMBERS ABSENT: Council Member C. Nelson Harrist. TOWN OF VINTON COUNCIL MEMBERS PRESENT: Robert R. Alfice, C. Buford Barton, Joseph L. Bush, Jr., William E. Obenchain, Jr., and Mayor Charles R. Hill 5. VINTON TOWN COUNCIL MEMBERS ABSENT.: None ROANOKE CITY STAFF PRESENT: James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. GHeeo, Director of Finance; Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; Willard N. Claytor, Director of Real Estate Valuation; William F. Clark, Director, Public Works; Kit B. Kissr, Director, Utilities and Oparstions; George C. Snead, Jr., Director, Public Safety; and Glenn D. Radcliffe, Director, Human Development. TOWN OF VINTON STAFF PRESENT: B. Clayton Goodman, III, Town Manager; Keith L. Holland, Assistant Town Manager; William L. Heertwell, III, Town Attorney; Carolyn S. Ross, Town Clerk; and Anita J. McMillan, Planning Director. The meeting was opened with a prayer by William F. Clark, Director, Public Works. Following lunch, the business session convened at 12:30 p.m. The Mayor extended a welcome to the Vinton Town Council and staff and advised that the quarterly luncheon meetings foster continuing good spirit between the Town of Vinton and the City of Roanoke. 128 GREENWAY SYSTEM: Mr. Clark advised that the Regional Greenway Committee has re.cognized the Mill Mountain groenway ae the number one recommended project, which was submitted to the Virginia Depa~,ent of Transportation (VDOT) for funding and received the sum of $240,000.00. He added that another application has been approved by City Council for submittal to VDOT by which the City may receive additional funding through the Intermodsl Surface Transportation Effcisncy Act (ISTEA), and if the City is not successful in obtaining additional funds, the project may have to be scaled beck. He advised that the total coat of the greenway project is approximately $750,000.00, with the route extending generally from the Roanoke City Market area through Elmwood Park, down Williamson Road, to the Walnut Avenue Bridge, through Piedmont Park, up the old road to the top of Mill Mountain, and out to the Mill Mountain Spur to the Blue Ridge Parkway. SUBDIVISIONS-TRAFFIC-ANNEXATION/CONSOUDATION: Mayor Hill referred to potential problems regarding access to Gata~ Lane which is a private road located in the Town of Vinton. He advised that residents of the Town attended a recent Town Council meeting to express their concerns regarding a proposed subdivision to be constructed on the City's side of the boundary line which would be accessed by Gates Lane and would lead to increased traffic. U. pon question, Mr. Dibling advised that Gates Lane is a private road which is .1.2 f _.t,n width and ~ .r~?urihs mile in length, with an additional one-tenth mile on me ~ity of Roanoke side of the boundary. He stated that the proposal is to develop a residential subdivision on the City's aide of the boundary which would be accessed only by a private road in the Town of Vinton. He called attention to a communication from Donald A. Williams, 901 Gates Lane, Vinton, Virginia, under date of December 18, 1996, to which he responded on December 20, advising that the City of Roanoke had not received a formal subdivision plat, although a conceptual plan of a proposed subdivision had been filed with the City, and further advised that once the City receives a formal subdivision application, the City Attomey will render a legal ruling as to whether the development could occur in the City of Roanoke, which development will be accessed only by a private road in the Town of Vinton. He called attention to two provisions of the City Code which have application to the matter, viz: Section 31-28 of the Subdivision Ordinance which provides that any subdivision requires adequate street connections to insure free and safe access by land, and Section 36.1~106 of the Zoning Ordinance which provides that every development must have access to improved public streets. He stated that the City will consider the issues if and when the developer files a formal subdivision plat, and assured the ¥inton Town Council that the City will keep uppermoat in its mind the concerns of the Town of ¥inton and its citizens. 129 HOUSING/AUTHORITY-HABITAT FOR HUMANITY: Mr. Ritchie advised that Roanoke City works cloesly with Habitat for Humanity to develop housing for Iow income citizens, and advised that Roanoke City has commended the program of Habitat for Humanity to all Roanoke Valley governments. REFUSE COLLECTION-RECYCLING-ROANOKE VALLEY RESOURCE AUTHORITY: Mayor Hill called attention to studies on the cost of recycling which reveal that the cost per household has reached a significant dollar amount, while the market for these goods has not Improved. Mr. Goodwin explained that the Town's cost is $30.00 per customer per year for recycling, for a total budget of approximately $t10,000.00. He stated that previously the market wes more favorable; however, currently, receivers of recycled material of mixed paper charge $30.00 per ton, and Town staff is reviewing the matter to determine what can be done to mitigate the budget if cost continues to increase whiis continuing to meet State mandates in the moat cost efficient manner which will require changes to the current system. Mr. Bush explained that the Town is looking at ways to mitigate the cost whiis the Roanoke Valley Resource Authority reviews the matter. He stated that it is incumbent upon Roanoke Valisy jurisdictions not to duplicate the work of the Resource Authority, but to determine whether staff can identify available additional resources in the interim. He inquired if there is something that the Roanoke Valley governing bodies can do in the interim reach a more regionalized approach. Mr. Kiser, the City's representative to the Roanoke Valley Resource Authority, advised that the Resource Authority has discussed regional recycling, which discussions were prompted more recently by a request from Roanoke County that the Resource Authority engage in some type of study, with the full knowledge that Roanoke County, Roanoke City and the Town of Vinton each have different types and levels of recycling. He stated that the Roanoke Valley Resource Authority agreed to seek proposals for a study; however, at its January meeting, it was reportad that the coat of the study is approximately $70,000.00, and it will be difficult for the Resource Authority to fund the study during this time of decreasing revenue and downsizing as a cost saving measure due to the loss of some of its revenue stream. He advised that the study has been tabled for discussion at the February meeting of the Resource Authority to address funding issues. BUSES-METROPOLITAN TRANSPORTATION DISTRICT-LEGISLATION: Mr. Dibling advised that maes transit contributions by the Federal Government have bccn reduced from $898,846.00 in fiscal year 1994 to $574,000.00 in the current fiscal year, with the possibility that all mass transit funding will be phased out entirely by the year 1999. Therefore, he stated that at the 1996 Session of the General 130 Assembly, the City, along with Roanoke County and certain other governing bodies ~.ought t~. creation of a Mass Transit Authority. which would have had the ability to vy a sa,es tax of two per cent on the reta,I price of motor fuels sold within the District, and there would have been a corresponding reduction in the real estate tax as to the amount that would be revenue from the new sales tax. However, he stated that the General Assembly deferred the matter, and at the 1996 Session appointed two study commissions created by SJR 160 and SJR 110, which commissions will require the study of future transportation in Virginia and will also require a report on the determination of a reliable dedicated source of funding for mass transit. He pointed out that the study commissions were given until the 1998 Session of the General Assembly to report their findings. Mr. Dibling advised that during the 1997 session of the General Assembly, budget amendments were introduced relating to mas~ transit, viz: a Senate Bill of $1.5 million and a Hou.s.a Bill of $2.5 million, which would provide approximately $t90,000.00 for the C:ty on the Senate side and approximately $80,000.00 - $90,000.00 additional funds on the House side; however, given the loss of Federal funds that the City will incur, this is a small sum of money. HIGHER EDUCATION CENTER-LEGISLATION: Mr. Dibling advised that last week, Senator John S. Edwards introduced a bill to create a Hioher Educatinn Authority which is somewhat similar to the Roanoke Reoional Aimn~t or th · -- ' ~ ................. ' - · .Roa. nok.e.V.alley Resource Authonty, or the Hotel Roanoke Conference Center ~.omm.,.ss~on mat.Would have served as a vehicle to fund and operate a higher eaucaaon center. He stated that Senator Edwards and Delegate Clifton A. Woodrum each have introduced budget amendments for $891,000.00 which would have provided funds for architectural and engineering studies for the higher education center. He explained that the matter of a Higher Education Authority wes before the E.ducati.on Committee last week and was referred to the Senate Finance Committee, where me matter encountered some opposition; however, the Higher Education Authority has passed the Senate.with a delayed effective, date .o.f July 1,199.8. He noted that the Sena~ has also d,.rected the State Counc,I on H,gher Educati.on to study the need for a h.,gher education caner.and there will be a transfer of rema,ning fund. s from the prev,ous years' appropna§on of approximately $100,000.00. He adv,se.d that even though the $891,00.0..00 was ,o.t. appropriated, the Hig.her Education Authority was created, along w~th some fund,rig to support a continuing study. INSURANCE-CITY EMPLOYEES-BLUE CROSS/BLUE SHIELD: Mr. Ritchie advised that at the direction of the Roanoke Ci..ty Council and the Roanoke County Board of Supervisors, respective staffs establ,shed a study committee to rewew several arass of regional cooperation, and one of the moat successful components of the study pertains to a joint health insurance program. 131 Mr. Grisso pre~ent~d copy of a report advising that current participants of the proposed consortium are the Roanoke Redevelopment and Housing Authority, County of Roanoke, Roanoke County Schools, City of Salem, City of Salem Schools, Roanoke Regional Airport Commission, Roanoke City Schools, and the City of Roanoke, which entities represent a total of 6,553 employees and over 13,000 membem. He advised that the size of the health insurance account should allow the govemments to receive multi-year financial service guarantees and should provide a significant impact on medical services available to employees of the Roanoke Valley governments. He stated that prior to compistion of the study, a request for information was sent to health insurance providers which indicated that there was significant interest by various health cars providers to participate in the program. He noted that the next step will he to develop a request for proposals, and the committee is currently negotiating with a consultant relative to costs which will he shared among participating Roanoke Valley governments. He reviewed a document enumerating various issues to be addressed, along with individual decisions that each locality or agency will he required to make. He advised that the intent is to develop a request for proposals that will provide for a thrse-yesr contract, with a two- year option to renew that will include medical, dental and vision coverage, and the ultimata decision will lie with each govemmental body. He explained that each locality will be provided with comparison prices, including stand alone costs versus the cost to pardcipata in the consor'dum, and each legisistive body will have the necessary information in order to make a decision by September 1997. TRAFFIC-BRIDGES-CLEAN VALLEY COUNCIL: Mr. Clark advised that at the lest joint meeting, the following matters ware discussed, viz: installation of Opticom on the traffic signals at Gus Nicks Boulevard and King Street, N. E., to facilitata emergency vehicles moving through the intarsection; improvements to Dale Avenue Bridge over Tinker Creek; and stream cleanup at Wise Avenue and Tinker Creek. With regard to installing Opticom on the traffic signal at Gus Nicks Boulevard and King Street, Mr. Clark stated that the cost will he approximataly $7,000.00, with funding altarnatives presently being explored; Dale Avenue Bridge is included on the City's Bridge Maintananca program for this year, floor borings have been done to detarmine if chemicals have penetrated the concreta, and during calendar year 1997, a contract will be executed to resurface the deck, reduce the expansion joints, and resurface the approaches; and both Town of Vinton and City of Roanoke maintanance personnel will par'dcipata in stream bank clean-up activities on Wise Avenue during the spring season. LICENSES-TAXES-LEGISlATION: On behalf of the Town of Vinton, Mayor Hill expressed concern with regard to the Business, Professional and Occupational License Tax and Personal Property Tax changes that have been discussed during the t997 Session of the General Assembly. He stated that although it appears that 132 no action will be taken at the 1997 session, the matters will be discussed at the 1998 session, and it is incumbent upon the Roanoke Valley govemmente to join forcss to oppose proposed changes. He suggested that prior to the convening of the 1998 Session of the General Assembly, local govemment officials of the Roanoke Valley should, as a group, meet with their reepective representativss to the General Assembly to voice their concerns collectively, rather than aa individual governing bodies. Mayor Bowers advised that Roanoke City Council will conduct its Financial Planning Workshop on Saturday, March 8, 1997, at which time the matter will be discussed by Council. He requested that the City Clerk include the item on the next agenda for the joint meeting with the Roanoke County Board of Supervisors and that the matter also be discussed at the next joint meeting with the Town of Vinton. On behalf of elected and administrative staff of the Town of Vinton, Mayor Hill expressed appreciation to the City of Roanoke for hosting the meeting. There being no further business, Mayor Bowers 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., at 2:00 p.m. At 2:00 p.m., on Monday, February 3, 1997, 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: t PRESENT: Council Members Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, John H. Parrott and Mayor David A. Bowers 8. ABSENT: Council Member C. Nelson Harris... OFFICERS PRESENT: 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 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. 133 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 wee desired, that item would be removed fr~..m the C.onsent Agenda and considered .separately. He called spec,ftc attention to three requests for Executive Sessions to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of the settlement of a claim involving an insurance matter; the disposition of publicly held property in connection with a prospective business where no previous announcement has been made of the business' interest in locating in the community, specifically the possible conveyance of an interest in isnd for economic development purposes; and personnel matters with regard to vacacciss on various authorities, boards, commissions and committees appointed by the Council. COMMII-rEES-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), Code of Virginia (t950), 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 the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), ss amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Parrott and Mayor Bowers 6. NAYS: None. 0. (Council Member Harris wes absenL) 134 ACTION: CLAIMS-COUNCIL: A report of the City Attorney requesting that Council convene in Executive Session to dim:us~ specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of the settlement of a claim involving an insurance matter, pursuant to Section 2.t-344 (A)(7), Cede of Virginis (t950), as amended, wes before the body. (For full text, sss report on file in the City Clerk's Office.) Mr. Whito 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 end conditions of the settlement of a claim involving an insurance matter, pursuant to Section 2.1-344 (A)(7), Code of Virginia (t950), as amended. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Parrott and Mayor Bowers 6. NAYS: Nono (Council Member Harris was abeenL) PARKS AND RECREATION-PLANNING-GREENWAY SYSTEM- STREETS AND ALLEYS: A report of the City Manager transmitting recommendation with regard to the Grcenways Proposal, was before Council. ACTION: (For full text, sss report on file in the City Clerk's Office.) Mr. White moved that the report be removed from the Consent Agenda for discussion as a separate item. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swein, Trout, White, Wyatt, Parrott and Mayor Bowers. 6. NAYS: None (Council Member Harris was absent.) 135 ACTION: TRAFFIC-STATE HIGHWAYS: A report of the City Manager with regard to the Commonwealth Trensporta~on Alliance, was before Council. The City Manager advised that Virginia's continued economic vitality and high quality of lite is d. ependent on an improved transportation system; a sate, conven;ent, efficient, coot-effective, multi-modal transportation network will promote and enhance domestic and intemationsl commerce and facilitate the movement of citizens to work, school, mcrestion and other activities; and the Commonwealth Transportation Alliance is a broad-based coalition organized and coordinated by the Virginia Chamber of Commerce, whooe membership includes business and trade associations, large and sma# businesses, local chambers of commerce, local governments, citizens representing all regions of the Commonwealth, every sector of Virginia economy, and every major transportation mode - including roads, public transit, air, rail and ports. it was explained that the Commonwealth Transportation Alliance is recruiting associates, organizations, local governments, companies and other interested entities to the coalition; the City of Roanoke is currently in the process of joining the coalition and will be represented by City Traffic Engineer, Robert K. Bengtaon; and no commitment of funds is involved, nor will the City be committed to any public policy position not specifically spelled out in the goal statement of the Alliance. (For full text, see report on file in the City Clerk's Office.) Mr. Whita moved that the report be received and filed. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Parrott and Mayor Bowers C. NAYS: None 0. (Council Member Harris was absent.) ROANOKE ARTS COMMISSION-HUMAN DEVELOPMENT-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: 136 ACTION: Barbara I.sshley ss a member of the Roanoke Arts Commission to fill the unexpired term of Janis P. Wheeler, resigned, ending June 30, 1999; and Gins B. Wilbum eea member of the Advisory Board of Human Development for a te,i~ ending November 30, 2000. (See Oaths or Alfimlatione 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: AYES: Council Members Swain, Trout, White, Wyatt, Parrott and Mayor Bowers ..... 6. NAYS: None 0. ACTION: (Council Member Harris was absent.) PURCHASE/SALE OF PROPERTY-PLANNING-INDUSTRIES- COUNCIL: A report of the Assistant City Manager requesting that Council convene in Executive Session to discuss a matter with regard to disposition of publicly held property in connection with a prospective business where no previous announcement has been made of the business' interest in locating in the community, specifically the possible conveyance of an interest in land for economic development purposes, pursuant to Section 2.1-344 (A)(5), Code of Virginia (t950), 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 Assistant City Manager to convene in Executive Session to discuss a matter with regard to disposition of publicly held property in connection with a prospective business where no previous announcement has been made of the business' interest in locating in the community, specifically the possible conveyance of an interest in land for economic development purposes, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: 137 AYES: Council Members Swain, Trout, White, Wyatt, Parrott and Mayor Bowers 6. NAYS: Non_~ 0. (Council Member Harris was absent.) PARKS AND RECREA'TION-PLANNING-GREENWAY SYSTEM- STREETS AND ALLEYS: A report of the City Manager transmitting the following recommendations of the Groanways Committee, was before Council. Conceotual Grsenwav Plan - the matter be forwarded to the City Planning Commission for review and comment, ultimately to be forwarded to Council for action. Inter_o_overnmentel A~resment establishino_ Vslle_v Greenwa_v Commission - withhold action on the document until each individual government can work towards a unified single document that all govemmente would approve and sign. The Roanoke City Manager, the Salem City Manager and the Roanoke County Administrator are in agreement that the attorneys from each jurisdiction should work with their own clients to consolidate commente and provide a unified document for each locality to act on should there be favorable intent to do so. ACTION: Resolution for lundin0 of the Roanoke Valle_v Gr~enwa_v= Coordinator Position - refer the matter to 1997-98 budget study, with the City of Salem and Roanoke County to take similar actions. (For full text, see report on file in the City Clerk's Office.) Following discussion, Mr. Trout moved that Council concur in the recommendations. The motion was seconded by Mr. Swain and adopted. 138 ACTION: The Mayor addressed the issue of tuming Wiley Drive into a greenway by ..m. aking Wiley Drive a one-way street, with one side reserved for blk, ng, hiking, jogging, etc. Mr. Trout moved that the matter be referred to the City Manager for study, report and recommendation to Council. The motion was seconded by Mr. Swain and adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-PURCHASE/SALE OF PROPERTY-INDUSTRIES- ECONOMI.C DEVELOPMENT: The City Manager submitted a written report advising that the City of Roanoke sold a 13.69 acre tract of land, described as Official Tax No. 7210107, to the Orvis Company for the purpose of expanding its business in the Roanoke Centre for Induslzy and Technology (RCIT); land sale proceeds of $78,160.00 were deposited in Revenue Account No. 008-008-1234-t 157 in the Capital Fund entitled, "Sale of Land to Orvis'; the City is marketing 140 acres in the RCIT Addition for industrial development; and Account No. 008- 052-9629-9003 entitied, "RCIT Addition Property", has been established for the purpose of providing funds for development of available land in the Roanoke Centre for Indust~j and Technology. The City Manager recommended that Council appropriate $78,150.00 in land sale proceeds to Account No. 008-052-9629-9003, RCIT Addition Property, for marketing and developing the 140-acre Roanoke Centre for Industry and Technology Addition. (For full text, see report on file in the City Clerk's Office.) 139 ACTION: Mr. Trout offered the following emergency budget ordinance: (~33250-020397) 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 295.) Mr. Trout moved the adoption of Ordinance No. 33250-020397. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council blembera Swain, Trout, White, Wyatt, Parrott and Mayor Bowers 6. NAYS: None 0. (Council Member Harris was absent.) HUMAN DEVELOPMENT-COMMITTEES-LEGISLATiON- PLANNING-FIFTH PLANNING DISTRICT COMMISSION-REGIONAL COMPETITIVENESS ACT-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that the Urban Partnership was created in 1994, and consistm] of 18 of Virginia's largest cities and counties, the Virginia Chamber of Commerce, and the Virginia Business Council; a Regional Development Plan was molded by the Urban Partnership after 18 months of study, research and broad-based community input from across the Commonwealth of Virginia; the Regional Competitiveness Act was approved by the Virginia General Assembly during its 1996 Session, for the purpose of encouraging Virginia's cities, counties and towns to exercise options provided by the law to work together for their mutual benefit and for the benefit of the Commonwealth; and the law requires the following specific elements: Creation of an active "Regional Partnership" composed of local government, business, education and civic leaders. The Regional Partnership may be based on the geographical boundaries of a planning district. Each Regional Partnership must develop a regional strategic economic development plan that identifies the critical issues of economic competitiveness for its region. 140 Each Regional Partnership must issue an annual report describing s region's progress with res. pact to median i family income and job creation and ,ts progress in addressing _he critical issues of economic competitiveness identified in the regional strategic economic development plan. Each Regional Partnership must identify existing and proposed joint activities between and among the governments of a region. It was further advised that the Fifth Planning District Commission expressed s willingness to coordinate with Iooal governments within the District to explore the formation of a Partnership under the Regional Competitiveness Act; and on September 16, 1996, Council adopted a resolution endorsing the City's participation on a steering committee to investigate the formation of a Regional Partnership under the terms of the Regional Competitiveness Act. It was explained that the Commonwealth of Virginia t996-98 biennium budget was allocated $3.0 million by the General Assembly to fund inoant]vee for regional cooperation, a..nd $5.0 mill!on is available from the Governor's Opportunities Fund; addilional morass to bring the fund to $50.0 million was requested from the General Assembly at the 1997 Session, with the ultimate goal to reach $200.0 million to fully fund the incentive fund; Council unanimously endorsed the funding formula in its 1997 Legislative Program; funding will be available to qualifying regions on July 1, t997; the Fifth Planning District Commission has agreed to provide administrative staff and research support for the proposed Partnership; and State Guidelines for the Virginia Regional Competitiveness Program require that participating governments within a region adopt a resolution of pert]cipetion. The City Manager recommended that Council endorse the format]on of a Regional Partnership to be known as the Fifth Planning District Regional Allisn~'~ and appoint the Mayor and the City Manager to serve on the organizing Board of Directors. (For full text, see report on file in the City Clerk's Office.) 141 ACTION: Mr. Trout offered the following resolution: (#3325t-020397) A RESOLUTION endorsing the establishment of the Fifth Planning District Regional Alliance and making appointments to the organizing Board of Directors of the Alliance. (For full text of Resolution, see Resolution Book No. 59, page 296.) Mr. Trout moved the adoption of Resolution No. 33251-020397. The motion wes seconded by Mr. Swein and adopted by the following vota: AYES: Council Members Swein, Trout, White, Wyatt, Parrott and Mayor Bowers 6. NAYS: None 0. (Council Member Harris was abesnL) BUDGET-SEWERS AND STORM DRAINS-WATER RESOURCES: The City Manager submitted a written report advising that Hayes, Sesy, Mattem & Mattom, Inc., designed the Tinker Creek Sewer Interceptor, which contract included the river crossing siphon and the siphon boxes on either side of the river, but stops when the sewer pipe reaches sewer plant property; Malcolm Pirnie, Inc., was employed to design the addition to the sewer plant starting with the new headworks (the interceptor box that receives the new Tinker Creek and Roanoke River trunk lines); the Roanoke River interceptor design starts with the headworks and proceeds upriver; no contract exists for the design of the 54" sewer, which is approximately 20 feet deep and runs along the river for approximately t,243 feet, and connects the Tinker Creek siphon box on the plant side of the river to a new connection box at the headworks; the sub-consultant of Malcolm Pirnie, Inc., for site work and local coordination is Mattarn & Craig, Inc., has quoted a fee of $20,700.00 for design of the trunk line, $3,200.00 for design of a connection box (15'0" x 19'8" x 20'0' deep), and $4,800.00 to design a sump pump used to empty several of the esration-nitrification basins that drain into the old Tinker Creek interceptor which is to be abandoned; and design work nesde to be funded for connection of the Tinker Creek siphon box, on the plant side of the river, to the headworks. 142 The City Manager recommended that Council authorize transfer of funds from the Tinker Creek Interceptor Construction A. ccount Nos. I 003-056-8467-9001 and 003-056-8467-8999 to a design account established by the Director of Finance entitled, "Additional Tinker Creek Interceptor": Trunk line design Sewer pump design Connection box Contingency Total $20,700.00 4,800.00 3,200.00 1 ,s00.00 $3O,200.00 (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#33252-020397) AN ORDINANCE to amend and reordain certain sections of the 1956-97 Sewage Treatment Fund Appropriations, and providing for an emergency. ACTION: (For full text of Ordinance, see Ordinance Book No. 59, page 298.) M.r. Swain moved tho adoption of Ordinance No. 33252-020397. The motion was seconded by Ma. Wyatt and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Parrott and Mayor Bowers .. 6. NAYS: None O. (Council Member Harris was absent.) BUDGET-SL=W~RS AND STORM DRAINS-BONDS/BOND ISSUES- FLOOD REDUCTi,"}N/C~')NTROL-CONSULTANTS REPORTS-WATER RESOURCES-STREET~ AND ALLEYS: The City Manager submitted a written report advising that a signiScant drainage problem has existed for over 20 years on Shenandoah Avenue between Baker Street and Luckett Avenue; Shenandoah Avenue carries over 14,000 vehicles par day and is frequently flooded to depths that slow or impede traffic, and several businesses located in the area of Shenandoah Avenue are 143 ACTION: repeatedly flooded by the lack of proper drainage; and the Baker Street Drainage Project received a high priority rating end funding wee established in the 1996 General Obligation Bond Issue. It wee further advised that T. P. Parker & Son, Engineers & Surveyors, Ltd., waa selected to perform design eervicee following review of consultant qualifications and interviews; end the proposed contract with T. P. Parker & Son provides for engineering design of the Baker Street Drainage Project to atay within the existing construction budget of $595,000.00, which engineering design will extend storm drain improvements, as allowed within budgetary con~trainte, from the interaction of Johnson Avenue and Baker Street to the intersection of Luckett Street and Shenandoah Avenue. The City Manager recommended that Council appropriate $45,000.00 from the 1996 General Obligation Bond proceeds Account No. 008-052-9701-9176 to an account to be entitled, "Baker Street Drainage Project". (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#33253-020397) 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 299.) Mr. Parrott moved the adoption of Ordinance No. 33253.020397. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, ~Nhita, Wyatt, Parrott and Mayor Bowers 6. NAYS: Nono 0. (Council Member Harris was absent.) Council Member Swain requested information regarding the number of pending storm drainage projects in the City, cetimated cost broken down by project, and the timetable for completion. 144 ACTION: REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY: The City Manager eubmitted a .w~. tten report with regard to bids on bulk container collection, adv,aing that bulk refuse containers am located at various City facilities and require collection sewices to be performed on a scheduled basis; bids were received, publicly opened and read on December 18, 1996, in the Office of Supply Management; currently, the City's bulk collection service is provided by BFI Waste Systems, Inc., at a cost of $25.00 per each eight cubic yard units; a bid specification requested that the collection service be provided for a period of one year with the option to renew for two additional one-year periods; and the lowest responsible bid meeting all required specifications was submitted by BFI Waste Systems, Inc. The City Manager recommended that Council accept the bid of BFI Waste Systems, Inc., to provide bulk container collection service for a period of one year with the option to renew for two additional one- year periods at a cost of $24.88 per unit, per pickup, and reject all other bids received by tho City. (For full text, see report on file in the City Clerk's Office.) Mr. Perrott offered the following resolution: (i/~t33254-0203gT) A RESOLUTION accepting a bid made to the City for providing bulk container collection service; and rejecting ali other bids made to the City. (For full text of Resolution, see Resolution Book No, 59, page 300.) Mr. Parrott moved the adoption of Resolution No. 332544)20397. The motion was seconded by Mr. Swain and adopted by the following vota: AYES: Council Members Swain, Trout, White, Parrott and Mayor Bowers .5. NAYS: Vice-MayorWyatt (Council Member Harris was absent.) 145 ACTION: 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 December t996. (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: COMMITTEES-SCHOOLS: The City Clerk submitted a written report advising that pursuant to Chapter 9, ~ of the Code of the City of Roanoke (t979), as amended, oateblishing a procedure for the election of School Board Trustees, the three year terms of Marilyn L. Curtis, Mareha C. Elliaon, and John H. Saundere will expire on June 30, t997; on June 30, 1997, Mrs. Curtis will complete her third consecutive three-year term of office and ia not eligible for resppointment; 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; application forms will be available in the City Clerk's Office and may be obtained between the hours of 8:00 a.m., and 5:00 p.m., Monday through Friday; and information describing the duties and responsibilities of School Board Trustees will also be available. (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. COMMITTEES-SCHOOLS: The City Clerk submitted a written report advising that pursuant to Chapter 9, ~, of the Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Board Trustees, Council must hold certain meetings and take certain actions during the months of March, April and May to conform with the selection process; whereupon, the City Clerk requested the concurrence of Council in establishing the following dates: 146 ACTION: On Monday, March 17 st 6:00 p.m., Council will hold an informal meeting (reception) which will be open to the public with all candidste~ for school trustee in the Emergency Operations Center Conference Room, Room t59, first floor ofthe Municipal Building. On Monday, March 17 at 2:00 p.m., Council ss a Committee of the INhole, will review and consider all candidates for the position of school trustee. At such meeting, Council shall review all applications filed for the position and may elect to interview candidates for such positions. On Monday, April 7 at 2:00 p.m., Council will, by public vote, select from the field of candidates, those candidates to be accorded the formal interview and all other candidates will be eliminated from the school trustee selection process. The number of candidates to be granted the interview shall not exceed three timse the number of positions available on the Roanoke City School Board, should there be so many candidates. On Monday, April 21 at 7:00 p.m., Council will hold a public hosHng to receive the views of citizens. On Thursday, April 24 st 6:00 p.m., Council will hold a meeting for the purpose of conducting a public interview of candidates for the position of school trustee. With Council's concurrence, the interviews will be taped by RVI~ Channel 3 to be televised at a later date. On Monday, May 5 at 2:00 p.m., Council will hold an election to fill the three vacancies for terms commencing July 1, 1997, and ending June 30, 2000. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the recommended date~. The motion was seconded by Mr. Parrott and adopted. The City Attomey was requested to prepare the proper measure recognizing the service of Ms. Marilyn L. Curtis as a Trustee of the Roanoke City School Board from May 2, 1988 to June 30, 1997. 147 REPORTS OF COMMITTEES: I ROANOKE CIVIC CENTER: A report of the Roanoke Civic Center Commission with regard to a computerized ticketing service for the City of Roanoke, was before Council. It was advised that Civic Center ticket sales have been contracted through major computer ticketing firm~ since January 1983; on January 7, lg91, Council adopted a resolution accepting the bid of Ticketron; a contract with Ticketron was never executed by Ticketron officials, possibly because of knowledge that a takeover by Ticketmaster was imminent; and the City entered into an agreement with Ticketmaster Mid-Atianfic, Inc., on February 3, 1992, to provide computerized ticketing service for the Roanoke Civic Center, which contract providee for one additional five-yeer renewal by mutual agreement of the parties. It was explained that the current contract with Ticketmaster expires on February 3, 1997; notice was given to the City in writing that Ticketmaster Mid-Atiantic, Inc., would like to exercise the additional five-year renewal; and at the January 21, 1997 meeting, the Roanoke Civic Center Commission voted to extend the contract with Ticketmaster Mid-Atiantic, Inc., for five additional years, subject to approval by Council. The Roanoke Civic Center Commission recommended that Council authorize the City Manager to renew the current contract with Ticketmaster Mid-Atiantic, Inc., for a term of five years to provide computerized ticketing service for the Roanoke Civic Center. The City Manager submitted a written report concurring in the recommendation. (For full text, see reports on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33255-020397) A RESOLUTION renewing the computerized t]cketing service contract agreement between the City of Roanoke and Ticketmseter-New York, Inc., formerly known as Ticketmaster-Mid- Atlantic, Inc., for a period of five years. (For full text of Resolution, see Resolution Book No. 59, page 300.) 148 ACTION: Mr. Trout moved the sdoption of Resolution No. 33255-020397. The motion was seconded by Mr. Swain end adopted by the following vote: AYES: Council Members Swain, Trout, White, Wystt, Parrott and Mayor Bowers 6. NAYS: None 0. (Council Member Harris wes absent.) BUDGET-ROANOKE CIVIC CENTER: 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 a new cover (roof) over the entrance to the Exhibit Hall at the Roanoke Civic Center; whereupon, the Bid Committee recommended the following: Authorize the City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney, with Breskell, Inc., in the amount of $126,702.00, to include Additive Bid Items No. I and No. 2, and 90 consecutive calendar days to construct a new cover (roof) over the entrance to the Exhibit Hall at the Roanoke Civic Center, in accordance with contract documents. The City Engineer's Office will issue a purchase order to Laurel Creek Nursery, in the amount of $2,980.00, to provide landscaping materials for plant beds. Transfer $139,500.00 from proccc:ta from the sale of t996 bonds, Account No. 008-052-9701-9183, to a new Capital Projects Fund account ent]tled, "Cover at Entrance to Exhibit Hall, Roanoke Civic Center." The following breakdown provides for installation of new signage to identify Exhibit Hall entrances, services to be provided during the construction phase by the Office of City Engineer, technical services from an outside consultant, services of an independent testing laboratory that might be required during construction, a contract contingency of approximately three per cent and $250.00 in expenses related to publicly advertising the project for bide: 149 ACTION: Contract Amount Landscaping Signage City Engineer's Services Consultant Services Testing Services Contingency Advertising Total $126,702.00 2,980.00 500.00 2,000.00 2,250.00 1,000.00 3,8t8.00 $139,500.00 Reject all other bide 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: (#33256-020397) AN ORDINANCE to amend and reordain certain eections of the 1996-97 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 301.) Mr. Parrott moved the adoption of Ordinance No. 332564)20397. The motion was seconded by Mr. Swain and adopted by the following vote: Mayor Bowers NAYS: None (Council Member Harrie was absent.) Mr. Parrott offered the following emergency ordinance: AYES: Council Members Swain, Trout, White, Wyatt, Parrott and 6. (#33257-020397) AN ORDINANCE accepting the bid of Breakell, Inc., to construct a new roof over the entrance to the Exhibit Hall at the Civic Center, upon certain terme and conditions, and awarding a 150 ACTION: contract therefor; authorizing the proper City officials to executo 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, ese Ordinance Book No. 59, page 302.) Mr. Parrott moved the adoption of Ordinance No. 33257-020397. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Parrott and Mayor Boware 6. NAYS: Nocc O. (Council Member Harris waa absent.) REAL ESTATE VALUATION-ENVIRONMENTAL ASSESSMENTS- WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to an amendment of the Environmental Policy relating to Real Property Acquisition. A staff report advised that the first page of the Environmental Policy relating to Acquisition of Real Property adopted by Council requires that "the City Manager shall immediately transmit a copy of any letter approving the acquisition of property rights without a compista environmental assessment to Council and the City Attorney"; numerous instances of property rights acquisition occur for which a complete environmental es~ssment is not felt to be warranted, which results in numerous letters to Council, and some Members of Council have indicated that the isttsrs are not meaningful and they would prefer a semi-annual summary report instead. The Water Resources Committee recommended that the Environmental Policy relating to Acquisition of Real Property be amended to require a semi-annual summary report to the Members of Council for properly right(s) acquisition(s) for which a complete environmental assessment is not performed; however, any member of 151 ACTION: Council is welcome to cell the City's Environmental Compliance Officer should there be a question regarding contemplated property right(s) acquisition(s). (For full text, see reports on file in the City Clerk's Office.) M~. Wyatt offered the following resolution: (#33258-020397) A RESOLUTION amending the Environmental Policy Relating to the Acquisition of Reel Property adopted by this City Council on July 26, 1993, pursuant to Resolution No. 31605-072693. (For full text of ReeoluUon, see Resolution Book No. 59, page 303.) Ms. Wyatt moved the adoption of Resolution No. 33258-020397. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Parrott and Mayor Bowers NAYS: Non= 0. (Council Member Harris wes absent.) TRAFFIC-SEWERS AND STORM DRAINS-EASEMENTS-STATE HIGHWAYS-CITY PROPERTY-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Reeourcee Committee, presented a written report on behalf of the Committee, with regard to a new 2,243 square foot permanent drainage easement to the Virginia Department of Transportation across City-owned property at Coyner Springs in connection with development of the new Brookfield Subdivision. A staff report advised that development of the new Brookfield Subdivision offVirginis Route 660 in the Coyner Springs area requires installation of drainage facilities to handle drainage; existing Virginia Deparlment of Transportation (VDOT) drainage facilities ara inadequate to handle flows, especially after heavy rainfall, sometimes causing flooding in the roadway, thus additional drainage is required; the developer's engineer, I.MW, P.C., has identified the best location fur the new drainage facilities on property owned by the City of Roanoke; 152 ACTION: VDOT has agreed to accept maintenance responsibility for the new drainage facilities; and the policy between the City and VDOT has been to donate easements, rights-of-way, and residual propordas left over from highway projects to one another as appropriate. It was further adviaed that an easement across City-owned property has been requested by L.MW, P.C., for drainage facilities that need to be installed; and a permanent drainage easement needs to be donated to the Virginia Deper;,~ent of Transportation in order to provide adequate drainage in the area. The Water Resources Committee recommended that Council authorize the City Manager to execute the appropriate document, in a form to be approved by the City Attomey, grant~ng a new 2,243 square foot permanent drainage easement, as shown .on. .a plat dated September 25, 1996, prepared by I.MW, P.C., to the V,rg~n,a Department of Transportation across City-owned property. (For full text, see reports on fils in the City Cia~k's Office.) Ms. Wyatt moved that the following ordinance be placed upon its first reading: (~33259) AN ORDINANCE authorizing execution of a deed of easement granting the Virginia Depe,~,,,ent of Transportation ("VDOT") a 2,243 square feet permanent drainage easement on the west side of State Route 660, near its intersection with Brookfield Lane, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 59, page 313.) The motion was seconded by Mr. Trout and adopted by the fotlowing vote: AYES: Council Members Swain, Trout, White, Wyatt, Parrott and Mayor Bowers -6. NAYS: Non: O. (Council Member Harris was absent.) 153 ACTION: LEASES-COMMONWEALTH OF VIRGINIA BUILDING-WATER RESOURCES: Vice-Mayor Linde F. Wyatt, Cbairperaon, Water Resources Committee, presented a written report on behalf of the Committee, w;;;, regard to execution of Supplementel Lease Agreement No. 5 with the General Services Administration relating to lease of space in the Commonwealth of Virginia Building. A staff report advised that the original lease with the General Services Administration (GSA) for space in the Commonwealth of Virginia Building, dated July 15, t985, which is occupied by the Bankruptcy Court, was authorized by Ordinance No. 27529 (GSA Lease No. GS-03B-50012); the GSA leases 12,413 square feet of the total net leasable space of 46,161 square feet, with the remaining 33,748 square feet leased to the Commonwealth of Virginia under a lease which is due to expire on June 30, 2005; lease amandmente providing for additional apace and establishing the term of the ten-year lease to expire on February 1, 1997, have subeequenUy been approved; lease extensions for five-year terms ara provided for in the original lease agreement and do not require Council's action; and pursuant to a communication under date of November 25, 1996, the GSA notified the City that it would exercise its option to extend the lease for five years through January 31, 2002. It was further advised that the General Services Administration baa requested, due to implementation of a new computer system data base, that all leases with a Consumer Price Index formula of 1967=100 be converted to a Consumer Price Index formula of 1982-84=100; and the lease rate will be calculated as specified in Supplemental Lease Agreement No. 5, using a base rate of $6.50 per square foot, plus current adjusted operating costs. The Water Resources Committee recommended that Council authorize ttm City Manager to execute Supplemental Lease Agreement No. 4, in a form to be approved by the City Attorney, providing for ¢onvereion of the Consumer Price Index formula of 1967=100 to the CPI formula 1982-84=100 for purposes of operating cost escalations, with all other terms and conditions of the lease to remain in force and effect. (For full text, see reports on file in the City Clerk's Office.) Ma. Wyatt moved that the following ordinance be placed upon its first reading: 154 (//33260) AN ORDINANCE authorizing the proper City officials to enter into Supplemental Lease Agreement No. 5 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 end conditions. (For full text of Ordinance, see Ordinance Book No. 59, page 313.) The motion wee seconded by Mr. Whito and adopted by the following vote: AYES: Council Membem Swain, Trout, Whi~, Wyatt, Parrott and Mayor Bower~ 6. NAYS: Nono 0. (Council Member Harris was absent.) MUNICIPAL BUILDING-EMERGENCY MEDICAL SERVICES- LEASES-WATER RESOURCES: Vice.Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of a new contract with Quantum Medical Business Services, Inc., to provide EMS billing and collection services for a period of one year; and execution of a new lease agreement for space in the Municipal Building for a term of one year. A staff report advised that the City of Roanoke contracts for billing and collection services related to EMS Ambulance transports; the previous agreement with Quantum Medical Business Services, Inc., provided for a rate of ten per cent for the first $50,000.00 per month collected and 13 per cent for all over $50,000.00 collected; a portion of the contract was a lease agreement for use of City property in the Municipal Building to provide space for the provider's billing clerk to handle City accounts; specifications were developed for EMS billing and collection services; and a Request for Proposals was sent to 11 firms providing services. It was further advised that proposals were received from two firms, viz: Quantum Medical Business Services, inc., and SoftW'me, Inc.; following interviews with both firms, Quantum Medical Business Services, Inc., was determined to be ranked first and negotiations were 155 ACTION: conducted; and the lease agreement for space for the billing clerk · needs to be authorized for the same period as the contract to provide EMS billing and collection services. The Water Resources Committee recommended that Council authorize the City Manager to take the following actions: Execute a contract, in a form to be approved by the City Attorney, with Quantum Medical Business Services, Inc., to provide EMS billing and collection services for a period of one year, with the City having the option to renew for two additional ons-ysar periods; billing service commission shall be calculated based on the net monthly collections which shall mean gro~s caah receipts less mfuncls; if the monthly net collections total les~ than $94,916.00, the commission shall be eight Per cent of collections; and if the net monthly collections total $94,916.00 or mom, the commission shall be calculated at a rate of 8.45 per cenL Executs a new lease agreement, in a form to be approved by the City Attomey, with Quantum Medical Business Services, Inc., for a term of one year, with the City having the option to renew for two additional years, in a form to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (#33261-020397) A RESOLUTION authorizing the City Manager to enter into a contract with Quantum Medical Business Services, Inc., to provide Emergency Medical Service billing and collection services. (For full text of Resolution, see Resolution Book No. 59, page 305.) Ms. Wyatt moved the adoption of Resolution No. 33261-020391'. The motion was seconded by Mr. White and adopted by the following vote: 156 ACTION: Mayor Bowers NAYS: Nono (Council Member Harris was absent.) AYES: Council Membem Swain, Trout, White, Wyatt, Parrott and 6. Ow Ma. Wyatt moved that tbe following ordinance be placed upon its first reading: (~33262) AN ORDINANCE authorizing the proper City officials to enter into a lease agreement between the City and Quantum Medical Business Services, Inc., for certain fomished office space located in the Municipal South Building at 2t5 Church Avenue, S. W., upon certain terms and conditions. (For foil text of Ordinance, see Ordinance Book No. 59, page 314.) The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Parrott and Mayor Bowers 6. NAYS: Nono 0. (Council Member Harris was absent.) CITY PROPERTY-COMMUNICATIONS DEPARTMENT- TELEPHONE EQUIPMENT-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to adoption of a policy in connection with wireless telecommunications facilities located on City property. A staff report ad,'.;~,~ed that a request to locate cellular (Cell) and/ or Personal Communication System (PCS) antenna on two City-owned water tanks has I:ccn expressed by CFW Wireless, a PCS provider, and by United States Cellular, a Cell provider, which systems provide communication service via car phones and/or portable hand held phones; four to 12 antenna par provider would be placed around the top of, but not projecting above, each water tank in question; currently, there are two requests which are for two different tank sites; CFW is 157 interested in the Washington Heights tank located just south of Herehberger Road, N. W., and United States Cellular is interested in the 220 tank located adjacent to the Summit Apartment complex beside U. S. Route 220 ss it exits the southern City limita; personal communication devices airs in greater demand, therefore, there will be an ever increasing nccd for antenna towers, or other fixtures supporting antenna, to support poreonal communication devices; and the local government's role will be to decide siting issues dealing with the following: use of City-owned facilities, possible inte~acing with the 911 emergency phone system, zoning issues, aesthetics, and neighborhood issues. It was further advised that precedent setting is a major concern since if one company is allowed to place antenna on a City-owned facility, the City may not be able to prevent other companies from placing antenna on its facilities; additional amenities, other than antenna placement, will be the ncc. d for telephone and electric service plus a ground lease for cabinets or a building for each company to place communication hardware; a general policy is desired which addresses the placement of antenna on City-owned facilities, to include but not limited to water tanks; and financially, each company is expected to offer $600.00 to $t,000.00 per month per site. The Water Resources Committee recommended that Council adopt a policy for leasing space on City-owned facilities on the basis of non-interference with City oparationa, which policy would generally provide for the following: Space will be provided on a first come basis as long as space is available; and should there be conflicts between providers, it will be up to the providers to resolve conflicts or the last provider leaves the facility. 158 A design will be presented to the City by a registered professional structural engineer, showing the method of attachment of the antenna and appurtenance and a statement that the installation will not damage the City facility or interfere with its operation. The City Manager, or his designee, will detemline whether there is apace available for ground lease for a building for the communication equipment, telephone and electrical access, ice bridge, etc.; and if space is not available for proper oparations and maintenance of the facility, the facilities will not be leaoed. Term of leaee will not exceed five years. Payments for lease shall be established on a negotiated basis and will be generally $600.00 to $1,500.00 per site per provider per month, with $750.00 being the standard and adjusted annually based on the increase in the Consumer Price Index as of January 1, 1997, and January t of each year thereafter. Antenna and appurtenances shall not extend above the height of the City facility, and shall be painted to match, or closely match, the color of the City facility. Provider shall indemnify and hold the City harmless from any and all claims for proparty damage or personal injury; appropriate general liability insurance shall be provided with the City named as additional insured, and in the amount of $3.0 million per location or other such limits as recommended by the City's Risk Manager. There cannot be any conflicts with zoning, and if so, the burden to resolve the conflict rests with the provider. (For full text, see reports on file in the City Clerk's Office.) 159 Ms. Wyatt offered the following msoluUon: (#33263-020397) A RESOLUTION approving and adopting the City of Roanoke Policy as to Wireless Telecommunications Facilities located on City property dated January 21,1997, in accordance with the recommendation of the Water Resources Committee report to this Council dated February 3, 1997. (For full text of Resolution, sss Resolution Book No. 69, page 306.) ACTION: Ms. Wyatt moved the adoption of Resolution No. 33263-020397. The motion was seconded by Mr. Parrott and adopted by the following voto: AYES: Council Msmbere Swain, Trout, White, Wyatt, Parrott and Mayor Bowers (~. NAYS: None .... 0. (Council Member Harris was abeenL) BUDGET-NEIGHBORHOOD ORGANIZATIONS-EMERGENCY SERVICES-FLOOD REDUCTION/CONTROL-WATER RESOURCES: Vice- Mayor Linda F. Wyatt, Chairpereon, Water Resoumes Committee, presented a written report on behalf of the Committee, with regard to approval of the Garden City Property/Relocation Program Acquisition Policy, purchase of certain properties, and execution of appropriate implementation documents. A staff report advised that the Garden City neighborhood experienced extensive flooding on June 28, 1995; on July 1, 1995, the City of Roanoke received a Presidential Declaration of Major Disaster; as a result of the Declaration, the City became eligible to apply to the Virginia Department of Emergency Services (VDES) for a Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant; on July 6, 1995, Council adopted Resolution No. 32553-070696, declaring a local emergency and authorizing the City Manager to make application for Federal and State assistance; and on November 15, 1996, the City was notified by VDES that FEMA had approved the application and obligated funds for the Garden City Property/Relocation Program. 160 It wes further advised that under the Hazard Mitigation Grant Program, the City is required to purchase and maintain permanent futura open space on any property included in the program; the purpose of the Federal Emergency Manag~ment Agency's program is to remove futura flooding liabilities from th~ community; se a result, the program requires the City to control futura development on the properlise by maintaining public ownerahip; following acquisition, the City will be responsible for maintaining the properdes for conservation, recreation, or other approved open space uses for perpetuity; futura maintenance costa will be the raeponeibility of the City; following purchase of the propertise by the City, no new structures or improvements may be constructed other than restrooms or other public facilities that era open on all sides and functionally related to the open space; also following purchase by the City, the properties will not be considered for any future disaster assistance from any Federal source; and the Garden City Property/Relocation Program Acquisition Policy establishes a uniform criteria for the purchase of properties under the Program. The Water Resources Committee recommended that Council approve the Garden City Property/Relocation Program Acquisition Policy and authorize the purchase of properties as set forth in Exhibit B; that the City Manager, or hie authorized representative, be authorized to execute appropriate documents to implement the Program; that Council appropriate $500,000.00, which has been reserved in the prior year CMERP funds for the Garden City Property/ Relocation Program, to a new Capital Programs fund to be established by the Director of Finance entitled, "Garden City Property/Relocation Program"; appropriate Federal Emergency Management Agency grant funds of $1,952,00t.00 and State grant funds of $86,400.00 to the same account, and establish a receivable account for grant raimburaemente. (For full text, see reports on file in the City Clerk's Office.) The Director of Public Works presented a briefing and answered questions on the Garden City Property/Relocation Program Acquisition Policy dated January 21, 1997. 161 ACTION: ACTION: Wyatt offered the following emergency budget ordinance: (//332644)20397) AN ORDINANCE to amend and reordain certain eecUons of the 1996-97 General end Capital Projects Fund Appropriations, end providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 306.) Ms. Wyatt moved the adoption of Ordinance No. 33264020397. The motion was seconded by Mr. Trout and adopted by the following voto: Mayor Bowers NAYS: Nono (Council Member Harris was abeenL) MS. Wyatt offered the following emergency ordinance: AYES: Council Members Swain, Trout, White, Wyatt, Parrott and 6. e (~33265-020397) AN ORDINANCE approving the Garden City Property/Relocation Program - Acquisition Policy; authorizing the City Manager, or his designee, to execute the appropriate documents to implement this program; authorizing the fee simple acquisition of the properties in conformance with the Acquisition Policy; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 308.) Ms. Wyatt moved the adoption of Ordinance No. 33265-020397. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, Trout, INhits, Wyatt, Parrott and Mayor Bowers 6. NAYS: None 0. (Council Member Harris was absent.) UNFINISHED BUSINESS: None. 162 ACTION: INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: TRAFFIC-CrrY CODE-DISABLED PERSONS: Ordinance No. 33243 amending and reordaining subsection (c) of §20-76, E~ reserved for _Demons with disabilities- and subeection (c) of §20-81, Exemptions from certain reauimmente of =arkin_u meter re~_ulatio~._-. Code of the City of Roanoke (t979), es amended, by limiting to four hours the time in which a vehicle displaying s disabled license tag or placard may be parked in s parking zone limited es to time or in a metered apace without paying the required fee, having previously been before the Council for its first reading on Tuesday, January 21, 1997, 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: (#33243-020397) AN ORDINANCE amending and reordaining subsection (c) of §20-76, Psrkin_u S_DaCeS reserved for _Dersons with dJ.~tbJUl~t, and subsection (c) of §20-81, ExemDtions from certain reuuimmente of Darkinu_ meter redulat]o~ Code of the City of Roanoke (t979), as amended, by limiting to four hours the time in which a vehicle displaying a disabled license tag or placard may be parked in a parking zone limited as to time or in · metered space without paying the required fee. (For full text of Ordinance, see Ordinance Book No. 59, page 291.) Mr. Trout moved the adoption of Ordinance No. 33243-020397. The motion was seconded by Mr. Swain and adopted by the following vote: Ii AYES: Council Members Swain, Trout, White, Wyatt, Parrott and Mayor Bowers 6. NAYS: Non: 0. (Council Member Harris was absent.) SCHOOLS-STREETS AND ALLEYS: Ordinance No. 33247 authorizing the alteration and closing, by barricade, of the eestammoat terminus of Mount Holland Drive, S. W., near the rear entrance of Hidden Valley Junior High School, having previously bccn before the 163 Council for its first reading on Tuesday, January 2t, 1997, read and adopted on its first reading and laid over, wae again before the body, Mr. Trout offering the following for its second reading and final adoption: (#33247-020397) AN ORDINANCE authorizing the alteration and closing by barricade of a 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. 59, page 293.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33247,020397. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Parrott and Mayor Bowers .... 6. NAYS: None 0. (Council Member Harris was absent.) OATHS OF OFFICE-COMMITTEES4NDUSTRIES: Ms. Wyatt offered the following resolution appointing William g Bova as a member on the Board of Directors of the Industrial Development Authority, to fill the unexpired term of Stanley R. Hale, ending October 20, t997: (#33266-020397) 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 310.) ACTION: Me. Wyatt moved the adoption of Resolution No. 33266-020397. The motion was seconded by Mr. Trout and adopted by the following vote: 164 ACTION: Mayor Bowers NAYS: Nono (Council Member Herrle wes absent.) AYES: Council Members Swain, Trout, Whito, Wyatt, Parmtt and 6. ACTS OF ACKNOWLEDGEMENT-DECEASED PERSONS: Mr. White offered the following rssolution memorializing the late Junius A. Hsskine, Jr., Member, Lynchburg City Council, who passed away on January 17, 1997: (#33267-020397) A RESOLUTION memorializing the late Junius A. Haskins, Jr., Member, Lynchburg City Council. (For full text of Resolution, ~ee Resolution Book No. 59, page 310.) Mr. White moved the adoption of Resolution No. 33267-020397. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Parrott and ,~, Mayor Bowers 6. NAYS: None 0. ~ (Council Member Harris was absent) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: SEGREGATION/INTEGRATION-HOUSING/AUTHORITY- NEWSPAPERS: Council Member White referred to a newspaper article which appeared in the Thursday, January 30 edition of the Roanoke Times listing Roanoke as the most segregated City in Virginia, and requested that the City Manager report to Council with regard to data/factors which were used to compile the national study. Council Member Swain requested that Council be apprised of any irregularities reported to the Fair Housing Board. 165 TRAFFIC-COUNCIL-HOUSING/AUTHORITY-DOWNTOWN ROANOKE, INCORPORATED: Council Member Parrott requestad that the matter of providing parking for persona residing in downtown Roanoke be referred to the City Manager for study, report and recommendation. He called attention to the practice of some localities of providing a sticker to be applied to the windshield of the vehicle. Vice-Mayor Wyatt asked that the City Manager explore the fessibility of providing parking in the City parking garages in downtown Roanoke. POLICE DEPARTMENT-COUNCIL: Council Member Swain addressed the issue of additional apace nesda of the Police Department, and requested a follow-up report from the City Manager on the feasibility of police subetotone. He called attention to the former Beat Products building on Hershberger Road as a possible location. HEARING OF CITIZENS UPON PUBLIC MATTERS: COMPLAINTS-TAXES: Ms. Katherine Glaesbrenner, 5221 Medmont carnie, S. W., appeared before Council in connection with recent publicity regarding a proposed reduction in the real estate tax rats. She advised that citizena would like a little extra money, but a reduction in the real estate tax rate would not provide a aignificant savings, especially in light of the needs of the City, and particularly the needs of the achool eyatom. Ms. Marianne Gandee, 3271 Allendale Street, S. W., advised that the proposal to lower real estate taxes is fiscally irresponsible. She stated that a proposed one cent reduction par $100.00 of assessed value would mean that a property assessed at $50,000.00 would experience a five dollar reduction in real estate taxes. In reality, she advised that five dollars is not a lot of money to any one individual, but i;' could mean a lot to the City of Roanoke as a whole if the money is used to provide needed services such as storm draina, or greenways, or schools, or traffic lights, etc. 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, with the exception of Council Member Harris. 166 ACTION: ACTION: COUNCIL: W'~h re~pect to the Executive Session just concluded, Mr. Swain moved that each Member of City Council certify to the beet of his or her knowledge that: (t)only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Infonnstion 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 Swain, Trout, White, Wyatt, Psrrott and Mayor Bowers 6. NAYS: Non... ,0. (Council Member Harris wes absent.) OATHS OF OFFICE-COMMITTEES-PLANNING: The Mayor advised that the term of office of Carolyn H. Coles as s member of the City Planning Commission expired on December 31, t996, and called for nominations to fill th~ vacancy. Mr. White placed in nomination the name of Carolyn H. Coles. There being no further nominations, Ms. Coles was reelected as a member of the City Planning Commission, for s te~i~ ending December 31, 2000, by the following vote: FOR MS. COLES: Council Members Swain, Trout, White, Wyatt, Par~ott and Mayor Bowers 6. (Council Member Harris was absent.) OATHS OF OFFICE-COMMII'I'EES-ZONING: The Mayor advised that the term of office of Willard G. Light as a member of the Board of Zoning Appeals expired on December 3t, 1996, and calisd for nominations to fill the vacancy. Mr. White placed in nomination the name of Willard G. Light. There being no further nominations, Mr. Light was reelected as a member of the Board of Zoning Appeals, for a term ending December 31, 1999, by the following vote: 167 ACTION: FOR MR. LIGHT: Council Member~ Swain, Trout, INhite, Wyatt, Parrott and Mayor Bowers. C. (Council Member Harris was absent.) CLAIMS-INSURANCE-BLUE CROSS/BLUE SHIELD: The City Attorney announced a settlement of the City's claim against Blue Cross Blue Shield of Virginia in connection with the period 1991 - 1992 during which time Blue Cross was a third party administrator of the City's health insurance plan. During that time, he advised that there ware certain retained diecounta that have become the subject of a disputa between the City and Blue Cross. He explained that the amount of retained discounts is $219,079.00, the City maintains that the discounts were improperly maintained and Blue Cross maintains that it had a right to retain the discounts under its contract with the City, and to avoid the cost of litigation, the City and Blue Cross have agreed to settle the dispute, or the allocation of hospital discount credits, between the City and Blue Cross. He advised that the amount of settlement is $193,95t.00, which Blue Cross will pay to the City in the immediate future, and the resolution presently before Council authorizes the settlement and further authorizes the City Attorney to execute a release on behalf of the City. Mr. White offered the following resolution: (~/33268-020397) A RESOLUTION authorizing settlement of a claim. ACTION: (For full text of Resolution, see Resolution Book No. 59, page 312.) Mr. White moved the adoption of Resolution No. 33268-020397. The motion was seconded by Mr. Trout and adopted by the following vote: Mayor Bowers NAYS: Nono (Council Member Harris was abeenL) AYES: Council Members Swain, Trout, White, Wyatt, Parrott and 6. 168 ACTION: OATHS OF OFFICE-COMMITTEES-PARKS AND RECREATION: As Council's liaison representative to the Mill Mountain Development Committee, Mr. Trout moved that Council expand the membership of Mill Mountain Development Committee from nine to tan members, to provide for appointment of Ms. Betty Field. The motion was seconded by Mr. Swain and lost by the following vote: AYES: Council Members Trout and Swain NAYS: Council Members White, Wyatt, Parrott and Mayor Boware 4. (Council Member Harris was absenL) OTHER HEARING OF CITIZENS: None. There being no fa~lJ,er business, the Mayor declared the meeting adjoumed at 4:35 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 169 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL V~bruary 18, 1997 12:30 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth t.oor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Tuesday, February 18, 1997, 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, John H. Parrott and Mayor David A. Bowers 3. ABSENT: Council Members James O. Trout, William White, Sr., C. Nelson Harris and Carroll E. Swain ~1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchis, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grieso, Director of Finance; and Mary F. Parker, City Clerk. HUMAN DEVELOPMENT-HOUSING/AUTHORITY: The Mayor celled upon H. Daniel Pollock, Jr., Housing Coordinator, for a briefing with regard to the Rental Cerdficeto of Compliance Program; whereupon, Mr. Pollock advised that Virginia law was changed in 1994 to allow the City to require vacant rental units in certain parts of the City to be inspected before they could be re-rented; several groups from the community requested that the City develop such a program in early 1995; the intent of the Program generally is to reduce the number of unsafe living conditions in rental properties and to encourage good preventive maintenance practices to preserve good quality rental housing; initiation of the Program in the first selected area, Elm Avenue, S. W., was announced in September, and inspections began in October; and areas including part of Orange Avenue, N. W., and Bullitt and Jamison Avenues, S. E., were announced as the next areas for Program application. It was further advised that since adopl~on of the Rental Certificate of Compliance Prop.ram, activitie, s have focused on basic preparation for administration, h,nng and train,ng of personnel, and testing and evaluation of procedures and systems; the inspections "sweep" of the Elm Avenue area is nearing completion; although initial inspections ara expected to be completed on Elm Avenue in February, significant follow-up work is to be done over the next four to six months, as needed repairs are completed, as Certificatas of Compliance are issued, as Temporary Waivers expire, and further action to pursue repairs is required; the 170 Program's application to the next two ara;m of Orange Avenue, N. W., and Bulli?.and Jam?on Avenues, S. E., has been announced; property ownera have been notified that ,rmpections will begin in March, with completion of tho~e two areas some time around the end of April; proceduroa are being adjusted based on experiences on Elm Avenue; and the date system, a computer network, and redesigned materials are expected to make the Program more efficient, relying heavily on inspectors handling paperwork in the field rather than in the office, and evaluations and rafinemente in operation procedures will continue to be ongoing. (See briefing raport on file in the City Clerk's Office.) At t:00 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Tuesday, February 18, 1997, 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, Unda F. Wyatt, C. Nelson Harris, John H. Parrott and Mayor David A. Bowers 5. ABSENT: Council Mambera Carroll E. Swain and William White, Sr ............. 2. 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 raconvened mHting 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. ACTS OF ACKNOWLEDGEMENT-SISTER CITIES: The Mayor welcomed and presented Honorary Citizenship Certificates to Dr. Dong- Ko Klm and Dr. Wyang-Wook Kwon, Professors, San Ji Junior College, Wonju Korea. 11 171 PROCLAMATIONS-LEAGUE OF OLDER AMERICANS: The I~yor presented a proclamation declaring 1997 ss The Year of the Senior. (For full text, see Proclamation on file in the City Clerk's Office.) PARKS AND RECREATION-UNITED WAY: Heidi Krisch, Campaign Chair, United Way of Roanoke Valley, presented the United Way of Roanoke Valley Chairman's Award to John W. Coates, Roanoke City Coordinator for the 1996 Unit~l Way Campaign. The Mayor advised that all mat';em 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. ACTION: MINUTES: Minutes of the regular meetings of Council held on Monday, November 4, 1996; Monday, November 18, 1996; and Monday, December 2, t996, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) Mr. Parrott moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Ma. Wyatt and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott and Mayor Bowers ..... 5. NAYS: None 0. (Council Members Swain and White were absent.) COMMII-I'EES-COUNCIL: A communication from Mayor David A. Boware requesting that Council convene meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, 172 boards, commissions and committees appointed by the Council, pursuant to Section 2.1.344 (A)(1), Code of Virginis (1950), as emended, was before the body. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. Pmrrott moved that Council concur in the request of the Mayor to convene in Exe~utive Session to discuss pemonnel matters relating to vacancies on various authoriliss, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(t), Code of Virginia (1950), ee emended. The motion was seconded by Ms. Wyatt and adopted by the following vote: ACTION: AYES: Council Members Trout, Wyatt, Harris, Parrott and Mayor Bowers 5. NAYS: None 0. (Council Members Swain end White were absent.) BUDGET.CITY EMPLOYEES: A report of the City Ma~_~_ger advising that Personnel Lapse is generated due to employee turnover and vacancies in City depa~;,~ente; end for the current fiscal year, salary ssving~ of $815,000.00 ers projected as a result of the vacancies, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott moved that the report be received and filed. The motion m seconded by Ma. Wyatt and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott and Mayor Bowers 5. NAYS: None 0. (Council Members Swain and White were absenL) COMMII'i'EES-L.IBRARIES: A communication from Mary C. Meier tendering her resignation 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.) 173 ACTION: Mr. Parrott moved that ~he communication be received and filed, and that ~he resignation be accepted with regret. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott and Mayor Bowers 5. NAYS: Nono 0. (Council Members Swain and White were absent.) COMMITTEES-TRAFFIC: A communication from Stephen A. Mancuso tendering his resignation as a member of the City of Roanoke Transportation Safety Commission, effective March 1, 1997, wee before Council. ACTION: (For full text, see communication on file in the City Clerk's Office.) Mr. Parrott moved that the communication 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 Trout, Wyatt, Harris, Parrott and Mayor Bowers 5. NAYS: Nono O. (Council Members Swain and White were absent.) INDUSTRIES-YOUTH-ZONING-HOUSINGIAUTHORITY-TRAFFIC- OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: William L. Bova as 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, 1993, and will expire on October 20, 1997; Scott Katz as a member of the Youth Services Citizen Board to fill the unexpired term of George A. McLean, III, ending May 31, 1997; 174 ACTION: Wilisrd G. "Bill" Light as a member of the Board of Zoning Appeals for a term ending December 31, 1999; Christie L. Meredith as a Commissioner of the Roanoke Redevelopment and Housing Authority Board of Commiasionere to fill the unexpired term of Thaddeus H. Hale, Jr., ending August 31, t998; and Harold S. Zimmerman as · member of the City of Roanoke Transportation Safety Commission for · term ending October 31, 2000. (See Oaths or Aflirmetions of Office on file in the City Clerk's Office.) Mr. Parrott moved that the reports of qualification be received and filed. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Msmbere Trout, Wyatt, Harris, Parrott end Mayor Bowers 5. NAYS: None .. 0. (Council Members Swain and White were absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: INTERNET: Chris G. Muse, 6t7 Sixth Street, S. W., appeared before Council end advised that over 50 million people worldwide currently have access to the backbone of the information superhighway known as the Intemet; the Roanoke Valley of Virginia is being linked in Cyberspace with the USA CityLink Project, which is an innovative, graphical service that will show the Roanoke Valley to Internet users around the world; beginning Monday, January 27, users can point and click their way through "The Electronic Village of The Roanoke Valley of Virginia"; the USA CityLink project is the most comprehensive City and State listing on the web; and two million people a month visit the USA CityLink Project, which was founded in mid-1994. 175 ACTION: Mr. Muse further advised that the Roanoke Valley Web is the only non-commerclel community web site for the Roanoke Valley of Virginia and the second moat accessed web site in the Valley; it is endorsed by The Hotel Roanoke &Confemncs Center, the Roanoke Valley Convention & Visitors Bureau, Center In The Square, and Roanoke Electric Steel; and the Project is designed to inform the public about every aspect of living in the Roanoke Valley and includes links to every web site in the area, articles of interest, and an easy way to navigate interface. Mr. Muse explained that the Roanoke Valley Web has bc.c.n privately funded from its conception; however, Roanoke Valley Web now receives 3,000 - 5,000 hits per day from people all over the world interested in The Roanoke Valley of Virginia, and answers 30 - 50 E- mails s day concerning a broad range of topics and requeste; and Roanoke Valley Web would like to receive spormorshipe from Roanoke City, Roanoke County, the City of Salem, the Town of Vinton, and local businesses and corporations in order to continue efforts to be "The Electronic Vilisge of The Roanoke Valley of Virginia". (See statement on file in the City Clerk's I~F~hout objection by Council, the Mayor advised that the matter would be referred to the City Manager for study, report and recommendation to Council. PETITIONS AND COMMUNICATIONS: CITY CODE-TAXES-COMMISSIONER OF REVENUE: A communication from the Honorable Marsha C. Fielder, Commissioner of the Revenue, with regard to vehicle decal fees and refunds, was before Council. It was advised that the City of Roanoke prorates the personal property assessment and processes refunds on vehicles when taxpayers change residence or when vehicles ars disposed of; all vehicles owned by taxpayers in the City ars required to display a City decal; proration and refund of property tax is based on purchase, sale and situs dates; for private passenger vehicles, the City decal is purchased for an annual fee of $20.00 and displayed by June I of each year or within 30 days of acquiring situs in the City; if a vehicle is purchased on or after December I or before March 2, the City Code 176 provides for the proration of the purchase price of the decal to be $10.00 for privata passenger vehicles; if the purchase data ia between March 2 and May 31, the cost is $6.67 for private passenger vehicles; effective January t, 1994, the annual decal fee changed from $15.00 to $20.00 for private passenger vehicles; and prior to January 1, 1994, the decal fee for private pmmenger vehicles purchased between March 2 and May 31 waa $5.00. iii It was explained that when a taxpayer disposes of a vehicle prior to December 1, there is currently no provision for a refund of any portion of the decal fee; the City Code provides for the prorated purchase price of the decal but not for the prorated refund of a decal fee; and when a taxpayer acquires a vehicle between March 2 and May 3t, a current year City decal must be purchased for one-third of the annual decal fee ($6.67 for a private passenger vehicle). The Commissioner of the Revenue recommended that Council authorize refunding pamoosl property decal fees in the amount of one- half upon the ~ale or disposal of a vehicle before December I and the surrender of the decal on or before January 31 of the same tax year; end that the decal fee be changed for vehicles purchased between M?rch 1 and May 31 from one-third of the annual decal fee ($6.67 for private passenger vehicles) to one-quarter of the annual fee ($5.00 for private passenger vehicles), effectively immediately. A report of the Director of Finance concurring in the recommendation of the Commissioner of the Revenue, was also before Council. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency ordinance: (#33269-021897) AN ORDINANCE amending and reordaining §20- 29, ~ of Articis II, ~ of Chapter 20, Motor Vehicles and Traffic, to change the prorated license tax for licenses issued on the first day of March through May 31; and adding new §20- 34.1, -~ of Article II, Y~ of Chapter 20, Motor ~ to prrJvide for the refund of the license tax in the 177 amount of one-half of the license tax upon sale of any vehicle prior to December 1, and surre.nder of a used or unused decal on or prior to January 31; and provid:ng for an emergency. ACTION: (For full text of Ordinance, see Ordinance Book No. 59, page 316.) Mr. Pawott moved the adoption of Ordinance No. 33269-021897. The motion wes seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, Wyatt, Mayor Bowers NAYS: None 0. (Council Members Swain and White were absenL) REPORTS OF OFFICERS: Harris, Parrott and 5. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: TRAFFIC-STREET LIGHTS-STATE HIGHINAYS-SRIDGES- PLANNING-HOTEL ROANOKE CONFERENCE CENTER-STREETS AND ALLEYS: The City Manager submitted a written report advising that at the City Council meeting on Monday, December 16, 1996, Council was addressed by Ms. Evelyn D. Bethel regarding street lighting plane for the Second Street/Gaineboro Road project; Ms. Bethel'e request was that the City continue the decorative lighting throughout the residential pordon of the Second StrsstJGainsboro Road project (Loudon Avenue to Harrison Avenue); the net increase to install the requested decorative lighting is estimated to total $200,000.00; the City's present policy is to provide decorative lighting in the Central Business District and on major public bridge facilities; and if the City were to set a standard for decorative lighting on new roadway projects, the cost could easily reach $2.5 million for the 12 new lane miles of roadway on Petara Creek Road Extension and Brandon Avenue widening 178 ACTION: In an effort to reserve decorative lighting for the enhancement of bridge projects, and due to the eetimated additional cost, the City Manager advised that it is not recommended that decorative lighting be extended to the remainder of the Gainsboro Road project. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the recommendation of the City Manager and receive and file the report. The motion was seconded by Mr. Harris and adopted. TRAFFIC-STATE HIGHWAYS-STREETS AND ALLEYS: The City Manager submitted a written report advising that the Code of Virginia (1950), as amended, establishes the criteria of Iocalitiee for receiving funds from the Virginia Deportment of Transportation (VDOT) for street maintenance, which specifies two functional classifications of highways (Principal/Minor Arterials and Collector/Locals) and establishes a base payment rate per lane mile for each classification of roadway; the rates are adjusted annually by VDOT based upon a Stetewide maintenance index of unit coats for labor, equipment and materials used by VDOT on roads and bridges; and City eligibility for fiscal year 1996-97 is approximately .$7,308,127.00 in street maintenance payments from VDOT, wh,ch funds are used for maintenance expenditures that the City incurs for streets, sidewalks, curb and gutter, traffic signals, bridges, signs and pavement markings. It was further advised that inventory additions need to be submitted to the Virginia Depa,~,,ent of Transportation prior to April 1, 1997, in order to be eligible for payment for the next fiscal year; the proposed list of streets should be submitted to VDOT before April 1, t997, to enable their eligibility for payment in the next fiscal year; and approval of the addition to the street inventory could add $112,881.00 to current year payment rates, which changes include three major roadway projects that era nearing completion, viz: Brandon Avenue Widening, Peters Creek Road Extension - Phase I, and Second StraetJGainsboro Road. 179 The Ci~ Manager recommended that he he authorized to submit m the propoeed Imt of streets to the Virginia Deparlment of Transportation for approval by the Commonwealth Transportation Board to enable State Maintenance Payment eligibility. (For full text, see report and proposed list of streets on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (~33270-021897) A RESOLUTION authorizing the City Manager to submit a street inventory for State maintenance payment eligibility to the Virginia Depa~b,,ent of Transportation (VDOT), upon forms prescribed by VDOT for approval by the Commonwealth Transportation Board, in order to ensure the City's eligibility for State maintenance funds. ACTION: (For full text of Resolution, see Resolution Book No. 59, page 316.) Mr. Harris moved the adoption of Resolution No. 33270-021897. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott and Mayor Bowers 5. NAYS: None-. Ge (Council Members Swain and White were absent.) TRAFFIC-CITY CODE-ZONING-PLANNING: The City Manager submitted a written report advising that on January 1, 1996, Council adopted an ordinance generally referred to aa the City's "Inoperative Motor Vehicle Ordinance", which provides regulations to govern the manner in which certain motor vehicles may be kept on properties zoned for residential, commercial or agricultural purposes within the City; the Inoperative Motor Vehicle Ordinance provides, among other things, authorization for the City Manager to remove (tow) any inoperative vehicle from any such property, whenever the owner fails, after reasonable notice has bccn given, to bring such vehicle into compliance with the requirements of the ordinance; enforcement of the ordinance commenced on May 1, 1996, and since that time, 1,200 inoperative vehicle violations have bcc. n cited and processed by City 180 ACTION: forces; however., the Inoperative Motor Vehicle Ordinance foiled to provide for cerla,n contingencies that were not snticipelmJ during study and preparation which nesd~ to be amended, ss follows: Prohibition on the use of tarpaulins (tarps) and covers to shield violations (vehicles) from view, as a means of complying with the requirements of the ordinance. Fines in an amount designed to encourage compliance with the ordinance and thereby discourage, after reasonable notice h~ been given, the denial of access to the premises through secured fences, the tethering of guard dogs or otherwise blocking of the City's efforts to cite violations or to remove inoperative motor vehicles. The City Manager recommended that Council amend Article V, Keecino of Inonerstive Vehicl _,~__ Chapter 20, Motor Vehicles and Traffir-~ of the Code of the City of Roanoke (1979), as amended. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: ,. (~33271-02t897) AN ORDINANCE amend,ng and raordaining - subsection (e) of §20-118, ~; §20-121, Removal of inoDerative ~; and §20-123, A~als; and adding new §20-t24, P___~]JJU_~ of Article V, KeeDin. of Inormrative Vehicle_-. of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, to provide for regulation of inoperative vehicles in residential, commercial or agricultural districts, and appropriats procedures for the removal and disposition of unlawfully kept inoperative vehicles; and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 59, page 317.) Mr. Harris moved the adoption of Ordinance No. 33271-021897. The motion was seconded by Mr. Trout and adopted by the following vote: 181 AYES: Council Members Trout, Wyatt, Harris, I Mayor Bowers Parrott and 5. NAYS: Nono O. (Council Members Swain and White were absent.) TRAFFIC-STATE HIGHWAYS.CITY PROPERTY-STREETS AND ALLEYS: The City Manager submitted a written report advising that at its meeting on June 17, 1985, Council unanimously adopted Resolution No. 27729,. which requested that the Virginia Depai'l,,,ent of Transportation (VDOT) program a project to widen Franklin Road from Third Street, S. W., to Elm Avenue; the project, which is consistent with the 1995 Roanoke Valley Transportation Plan, wes subsequently included for funding in VDOT's Six-Year Highway Improvement Program; the majority of the project wes completed in 1992; but prior to construction, it became necessary to omit a portion of the project area located on the southwest comer of the Franklin Road/Elm Avenue intersection, which was the location of a convenience store and gasoline station; the issue of responsibility for proper removal and disposal of underground storage tanks and contaminated soil found at the property needed to be addressed prior ~ VDOT's purchase of the I, property; and VDOT, the Department of Env,ro.nmental Quality (DEQ), and the property owner have now resolved the msue, thereby allowing that portion of the project to proceed. It was further advised that bids for construction to complete the intersection work were received by the Virginia Department of Transportation; the Commonwealth Transportation Board awarded a contract to H & S Construction Co., Inc., on January 16, 1997, in the amount of $311,561.75; and features of the project include the following: Improvement of the turning radius on the southwest corner of the intersection. Addition of a right turn lane on the eastbound Elm Avenue approach to Franklin Road. Addition of pavement width on Franklin Road from Elm Avenue to Mountain Avenue. 182 Allow right-tum-on-red for southbound Franklin Road at Elm Avenue which has been restricted to date due to current location of traffic signals. Demolition of the convenience store building. Creation of residue property (0.tll acres) on the convenience store site purchased by VDOT. Provision for the contractor to close Elm Avenue to all traffic from Franklin Road to Fourth Street, S. W., for one weekend, due to installation of a storm drain st s depth of 15 feet across Elm Avenue. It was explained that the City's share of the cost for the project (preliminary engineering, right-of-way, and construction) is estimated at $15,171.95, with a contingency of $774.68, bringing total funds needed to $15,946.63. The City Manager recommended that Council concur in the following aclions: Authorize the City Manager to execute the City-State Agreement, on behalf of the City, in a form to be approved by the City Attorney. Adopt a measure requesting the Virginia Department of Transportation to donate residue property to the City, described as Official Tax No. 1020716, which conveyance will be subject to satisfactory environmental review and identification of s specific use for the property. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (~33272-021897) A RESOLUTION authorizing execution of an agreement between the City and the Commonwealth of Virginia, Depart,,ent of Transportation, said agreement relating to the 183 construction phase of the Franklin Road and Elm Avenue Intersection I Improvement P .reject (Project No. 0221-128-102, PE-101, RW-201, C- 501); upon cerla,n terms and conditions. (For full text of Resolution, see Resolution Book No. 59, page 321.) ACTION: Mr. Trout moved the adoption of Resolution No. 33272-021897. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott and Mayor Bowers 5. HAYS: None 0. (Council Members Swain and White ware absenL) Mr. Trout offered the following emergency ordinance: (ft33273-021897) AN ORDINANCE authorizing the City Manager to request that the Virginia Department of Transportation (VDOT) i convey to the C!ty the residue property identified as Official Tax No. 1020716 aseoc~ated with ~e Franklin Road and Elm Avenue Intersection Improvement Project, Project No. 0221-128-102, PE-101, RW-201, C-501 ("Project"), subject to certain terms and conditions; and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. 59, page 321.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33273-021897. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Mayor Bowers HAYS: None (Council Members Swain and White were absent.) Council Members Trout, Wyatt, Harris, Parrott and 5. 184 ACTION: HOUSING/AUTHORITY-PLANNING-GRANTS: The City Manager submitted a written report advising that the 1996 Virginia General Assembly appropriated $500,000.00 for the Abandoned Housing Clearance Fund to provide financial aselatance for ecquisitlon, demolition or clearance of abandoned housing; funde must be used on currently unoccupied residential structures being addrea~ed through conservation or redevelopment plans, spot or drug blight removal plans, or as unsafe buildings under the Building Maintenance Code; Roanoke is one of 12 communitlea eligible for program funding; and funding of up to $100,000.00 per locality will be awarded, competiUvely, based on applications received by February 28, 1997. It was further advised that each application must include a resolution from Council designating the applicant for the locality; eligible applicants could include nonprofit organizations, Roanoke Redevelopment and Housing Authority, or similar organizations; and several potential projects or areas of ect]vity exist which a grant from the program could aeaist, although none are known that appear to be an extremely good fit with the guidelines and priorities for State funding; however, some may be refined or adjusted to stand a fair poseibility for approval. The City Manager recommended that he be authorized to submit an application to the Virginia Depa, 6,,ent of Housing and Community Development for up to $100,000.00 on behalf of the City for the Virginia Abandoned Housing Claarance Fund. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (~33274-021897) A RESOLUTION authorizing the City Manager to prepare and submit an application to the Virginia Department of Housing and Community Development for the Virginia Abandoned Housing Clearance Fund. (For full text of Resolution, see Resolution Book No. 59, page 323.) Mr. Harris moved the edoption of Resolution No. 33274-021897. The motion was seconded by Mr. Parrott and adopted by the following vote: m 185 AYES: Council Members Trout, Wyatt, Harris, Parrott and Mayor Bowers 5. NAYS: Nono 0. (Council Members Swain and White were absent) REFUSE COLLECTION-CMERP.FLEET MAINTENANCE FUND- EQUIPMENT: The City Manager submitted a w~;~,n report advising that on May 13, 1996, with the adoption of the 1996-97 fiscal year budget, Council approved the concept of automating residential solid waste collection; on December 19, 1996, representatives of Council, the Regional Solid Waste Management Cooperation Team, and City Administration staff met to discuss the process of obtaining the necessary equipment for the project; the Regional Solid Waste Management Cooperation Team emphasized the value of used equipment which is available on the open market and the savings to be realized with the purchase of used equipment instead of new equipment; and anticipated cost to purchase and recondition used equipment is $40,000.00 to $50,000.00 per unit, which is substantially less than the $126,500.00 per unit cost bid for new equipment The City Manager recommended that he be authorized to locate and secure used trucks and related equipment that would be appropriate to accomplish the program of solid wests collection of residential areas, at an estimated cost of $200,000.00; 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: (#33275.021897) A RESOLUTION rejecting all bids for certain residential solid waste collection equipment (For full taxt of Resolution, see Resolution Book No. 59, page 323.) ACTION: Mr. Trout moved the adoption of Resolution No. 33275-021897. The motion was seconded by Mr. Harris and adopted by the following vote: 186 ACTION: AYES: Council Membera Trout, Wyatt, Harris, Parrott and Mayor Bowera 5. NAYS: Nono 0. (Council Ikmbsrs Swain and Whita were absent.) BUDGET-TRAFFIC-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 the need to replace one rubber- tired loader for the Streets/Traffic Department; whereupon, the City Manager recommended that Council authorize issuance of a purchase order to Baker Brothers, Inc., for one new rubber-tired loader, at a total coat of $89,715.00; reject all other bicl~ received by the City; and appropriate $89,715.00 from Fleet Management Retained Earnings to Vehicular Equipment Account No. 017-95~-2642-90t5. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33276-921897) 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, see Ordinance Book No. 59, page 324.) Mr. Trout moved the adoption of Ordinance No. 33276-021897. The motion was seconded by Mr. Harris and adopted by the following vota: AYES: Mayor Bowara NAYS: Nono (Council Members Swain and White ware absent.) Council Membsra Trout, Wyatt, Harris, Parrott and 5. 187 Mr. Trout offered the following resolution: (//332774)21897) A RESOLUTION eccepting the bid from Baker Brothers, Inc., to provide one Rubber Tired Loader, upon certain terms end conditions; end rejecting ell other bide mede for such items. (For full text of Resolution, ees Resolution Book No. 59, pege 325.) ACTION: Mr. Trout moved the adoption of Resolution No. 332774)21897. The motion was seconded by Mr. Harris end edopted by the following vote: AYES: Council Members Trout, Wyatt, Herris, Perrott end Mayor Bowers 5. NAYS: None 0. (Council Members Swein and White ware absent.) BUDGET.POLICE DEPARTMENT-UTILITY LINE SERVICES- CMERP-FLEET MAINTENANCE FUND-EQUIPMENT: The City Manager submitted a written report edvising that the Capital Maintenance and Equipment Replecement Program hes identified the need fo replace certain vehiculer equipment in various depa,;,,,ente of the City; whereupon, the City Manager recommended Umt Council concur in Ute following actions: Authorize purchase of the following trucks and related equipment: Item #1 - one new cab/cbeesie for bulk-item refues truck from Megic City Motor Corporation, at a total coat of $35,482.43; Item #2 - one new bulk-item refuse body to be mounted on Item #1, from Cavalier Equipment Corporation, at a total cost of $28,961.87; Item #3 - two new mid-~ize pickup trucks from Berglund Chevrolet, Inc., at a total cost of $25,676.74; 188 I~m #4 - one new 3/4 ton full-~ize, heavy-duty pickup truck from Berglund Ford-Pontiac- Mazda, at a total co~t of $17,495.25; Item fl6 - one new full-eize % ton pickup truck from Berglund Ford.Pontiac-Mazda, at a total cost of $15,918.15; Item IR' - one new % ton extended cam, four- wheal drive pickup truck from Berglund Ford- Pontiac-Mazda, at a total cost of $20,496.40; Item ~8 - one new % ton pickup truck from Berglund Chevrolet, Inc., at a total cost of $14,392.58; Item #9 - one new cab/cheasis for heavy-duty dump truck from Magic City Motor Corporation, at a total cost of $51,156.98; Item #10 - one new 20-ton dump body to be mount~l., on Itam t/8, from Truck Body Corporation, st a total cost of $7,138.00; and Item #1t - one new stop van from Berglund Chevrolet, Inc., at a total cost of $25,713.55. Transfer $242,422.00, as follows: $t23,534.00 from Fleet Management Prior Year Retained Earnings to Fleet Management Operating Account No. 0174)52-2642-9010; and $118,888.00 from Utility Line Services Prior Year Retained Earnings to Utility Line Services Operating Account No. 0164)56- 2626-9010. Reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) 189 Following discussion and inasmuch as the Mayor indicated that he would abstain from voting on the measures and Council Members Swain and White ware absent, therefore, the budget ordinance could not be adopted aa an emergency meseure, the City Manager requested that action on the matter be deferred until the next regular meeting of Council. ACTION: Mr. Trout moved that action on the matter be deferred until the next regular meeting of Council on Monday March 3, 1997. The motion was seconded by Mr. Harris and adopted, Mayor Bowers abstained from voting. BUDGET-REFUSE COLLECTION-CAPITAL IMPROVEMENTS PROGRAM-EQUIPMENT: The City Manager submitted a written report advising that on May 13, 1996, Council approved the concept of automating residential solid waste collection; and specifications were developed for automated refuse conteinere. The City Manager recommended that Council concur in the following actions: Authorize the purchase of automated refuse containers from Toter, Inc., at a total cost of $643,074.00. Transfer $643,074.00 from Transfers to Capital Projects Fund Account No. 0014)04-93t0-9508 to Solid Waste Management - Expendable Equipment Account No. 001- 052-4210-2035. Transfer $357,000.00 from Transfers to Capital Projects Fund Account No. 001-004-9310-9508 to Residual Fringe Benefits - Hospitalization Insurance Account No. 0014)04- 9110-1125, transfer $147,000.00 from Transfers to Capital Projects Fund Account No. 0014)04-9310-9508 to Solid Waste Management Personnel Lapse Account No. 00t. 052-4210-1090, and transfer $170,000.00 budgeted for Life Insurance for each General Fund operating department to Residual Fringe Benefits - Life Insurance Account No. 001- 004-9110-1130. Reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) 190 ACTION: ACTION: Ms. Wyatt offered the following emergency budget ordinance: (#33278-02t897) AN ORDIHANCE to amend and reordain certain ~ection~ of the 1996-97 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 326.) Me. Wyatt moved the adoption of Ordinance No. 332784)21897. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott and Mayor Bowers .-5. NAYS: Nono (Council Members Swain and White ware absent.) MS. Wyatt offered the following resolution: (~332794)2t897) A RESOLUTION accepting bids made to the City - ~ for providing automated refuse containers; and rejecting other bide. I~_ (For full text of Resolution, see Resolution Book No. 59, page 330.) MS. Wyatt moved the adoption of Resolution No. 332794)21897. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott and Mayor Bowera 5. NAYS: None 0. (Council Members Swain and White were absent.) BUDGET-CITY SHERIFF-YOUTH-JUVENILE CORRECTIONAL FACILiTIES-EQUIPMENT: The City Manager submitted a written report advising that the Roanoke Juvenile Detention Home was recently cited for numerous serious violations of etandards relating to security, life, health, safety and sewices; and ceCdfication by the Stata Department 191 ACTION: of Juvenile Justice was at stake because of citad violeUons; expansion/ renovaUon of the detonUon facility is 8till 18 month8 or more in the future, and plans for expansion/renovation are in the process with the Department of Juvenile Justice. It was farther advised that equipment cccda and security issues have bccn iuenUfled and agreed upon by security knowledgeable personnel of the Sheriff's Depa, t,,ent, the Department of Juvenile Justice and the AcUng Suparintandent of the Juvenile Detention Home; the Roanoke City Sheriffs Depa,:.,,ent has transfarmd $8,000.00 to the Juvenile DetanUon Home for purchase of one walk-through metal detector, a hand-held metal detector, new sWel beds, portable stack beds for overcrowding, and a safe for storing valuables of juveniles housed at the facility; and Sheriff W. Alvin Hudson has offered to transfer $92,555.00 to the Juvenile DetenUon Home budget for purchase of certain equipment as identified on Attachment A to the report. The City Manager recommended that Council authorize the transfer of $92,555.00 from the Roanoke City Sheriff's Department Recovered Cost Account No. 001-024-3310-8005, to the following Juvenile Detention accounts; and that appreciation be expressed to the Sheriff's Depa~b~ent. Expendable Equipment Other Equipment Account No. 001.054-3320-2035 $ 965.00 Account No. 001-054-3320-9015 91 (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~33280-021897) 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 331.) Mr. Parrott moved the adoption of Ordinance No. 33280-021897. The motion was seconded by Mr. Trout and adopted by the following vote: 192 ACTION: Mayor Bowers NAYS: Non_- AYES: Council Members Trout, Wyatt, Harris, Parrott and (Council Members Swain and White were ab~ont.) REPORTS OF COMMITTEES: mm~..t~..e, presen~e¢l a wnttan report on behalf of the Committee, tra .rmm,ttlng.the minutes of the January 27, 1997, meeting of the Flood Plato Committee, which provide current project status and anticipated events for the Immediate future, and recommending appointment of a rep .res. entetive of Norfolk Bouthem Corporstion to fill one of the two existing vacancies on the Committee. (For full text, see report on file in the City Clerk's Office.) UNFINISHED BUSINESS: None· INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS. TRAFFIC-SEWERS AND STORM DRAINS-EASEMENTS-STATE HIGHWAYS-CITY PROPERTY-SPECIAL PERMITS-JUVENILE CORRECTIONAL FACILITIES-WATE.R. RESOURCES-STREETS AND ALLEYS: Ordinance No. 33259 granting the Virginia De artment Transportation '~/ T"t - ', ',- P of - -- ( .D~)~., , ,,.~,~ square feet permanent drainage easement on me west sine of State Route 660, near its intersection with Brookfield Lane, upon certain terms and conditions, as more particularly set forth in a report of the Water Resources Comm?ee .d. ated Febru.ary 3, 1997, having previously been before the Counc,I for ~ta first reed,ng on Monday, February 3, 1997, read and adopted on its first .reading and !aid over, was again before the body, Mr. Parrott offenng the follomng for ,ts second reading and final adoption: · Mr. H~. _.r~ ..moved that Council concur in the recommendation and race,ye an, hie me report. The motion was seconded by Mr. Parrott and adopted. ~ 193 (//33269-021897) AN ORDINANCE authorizing execution of a deed of eaaement granting the Virginia Department of Transportation ('~/DOT") a 2,243 ~quars feet pamlanent drainage easement on the west side of State Route 660, near its intersection with Brooldisld Lane, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 59, page 313.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 33259,021897. The motion wes seconded by Mr. Harris and adopted by the following vote: ACTION: AYES: Council Members Trout, Wyatt, Harris, Parrott and Mayor Bowers 5. NAYS: Nono 0. (Council Members Swein and White were absent.) LEASES-CITY PROPERTY-WATER RESOURCES- COMMONWEALTH OF VIRGINIA BUILDING: Ordinance No. 33260 authorizing the proper City officials to enter into Supplemental Lease Agreement No. 6 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, having previously bccn before the Council for its first reading on Monday, February 3, 1997, 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: (#33260-021897) AN ORDINANCE authorizing the proper City officials to enter into Supplemental Lease Agreement No. 5 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. 59, page 313.) Mr. Harris moved the adoption of Ordinance No. 33260-021897. The motion wes seconded by Mr. Parrott and adopted by the following vote: 194 ACTION: AYES: Council Membera Trout, Wyatt, Harris, Parrott and Mayor Bowers 5. NAYS: Non= (Council Members Swain and White were absent.) MUNICIPAL BUILDING-EMERGENCY MEDICAL SERVICES- LEASES-WATER RESOURCES: Ordinance No. 33262 authorizing the proper City officials to enter into a lease agreement between the City and Quantum Medical Business Services, Inc., for certain furnished office space located in the Municipal South Building, 215 Church Avenue, S. W., for use by said corporation's billing clerk handling the City's Department of Emergency Medical Services accounts, for a one year period, renewable upon approval by the City Manager for two additional one year terms, effective February 1, 1997, at an annual rental of $1,200.00, upon such other terms and conditions as are deemed appropriate end es more particularly set forth in a report to Council dated February 3, 1997, from the Water Resources Committee, having previously bcc. n before the Council for its first reading on Monday, February 3, 1997, read end 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: (#33262-021897) AN ORDINANCE authorizing the proper City officials to enter into a lease agreement between the City and Quantum Medical Business Services, Inc., for certain furnished office space located in the Municipal South Building st 215 Church Avenue, S. W., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 59, page 314.) Mr. Harris moved the adoption of Ordinance No. 33262-021897. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Trout, Wyatt, Mayor Bowers. NAYS: Non: (Council Members Swain and White were absent.) Harris, Parrott and 5. '1 195 ACTION: COUNCIL-LEGISLATION: Mr. Trout offered Ihs following resolution changing the time and place of commencement of the regular meeting of City Council from 12:30 p.m., to t2:00 noon, on Monday, March 3, 1997, in the Emergency Operations Center Conference Room, First Floor, Municipal Building, with the 2:00 p.m. session on that same date to be held in the City Council Chamber, 215 Church Avenue, S. W.: (~33281-021897) 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 3, 1997. (For full text of Resolution, see Resolution Book No. 59, page 332.) Mr. Trout moved the adoption of Resolution No. 33281-021897. The motion wes seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott and Mayor Bowers 5. NAYS: Nono 0. (Council Members Swain and White were absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES: Vice-Mayor Wyatt commended Joyce A. Sink and Leisha S. Cook, City employees, on their efforts to improve the appearance of the ladies restroom on the fourth floor, Municipal Building South. ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES: Vice-Mayor Wyatt commended James H. Taylor, City Courier, for hie efforts in delivering the City Council agenda packets on Thursday evening, February 13, t997, in spite of hazardous weather conditions. 196 ACTION: ZONING-PLANNING-ROANOKE NEIGHBORHOOD PARTNERSHIPS: The blay.o.r referred to correspondence from residents of the Norwich commumty, as well as a recent newspaper ar'dcle regarding zoning issues of concern to the Norwich community, and inquired if the City has replied to the concerns. The Director of Public Works called attention to certain areas in the City of Roanoke that were zoned dating back to the 1960's when there were large scale rezonings for industrial development, and those properties continue to be suitable for residential purposes as well which place the pmpertkm in a non-conforming status. Under the present status, he explained that a property owner may obtain a building permit to maintain the property, but since the property is considered to be non-conforming, the property owner cannot obtain a building permit for expansion of the non-conforming use. He noted that the City Planning Commiesion/Department and the Zoning Deparlment, through the Roanoke Neighborhood Partnership, are working with residents to determine what is in the best interest of residents as well as the City of Roanoke, and a recommendation will be made to the City Planning Commission and to Council at a future data. HEARING OF CITIZENS UP PUBLIC MATTER: None. At 3:20 p.m., the Mayor declared the meeting in recess. At 3:30 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 Members Swain and White. 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 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 warn heard, discussed or considered by City Council. The motion was seconded by Mr. Parrott and adopted by the following vote: 197 AYES: Council Members Trout, Wyatt, Harris, Mayor Bowers Parrott and 5. NAYS: Nono 0. (Council Members Swain and White ware sbsenL) OATHS OF OFFICE-COMMITTEES-TRAFFIC: The Mayor advised that there is a vacancy on the City of Roanoke Trsnsportetion Safety Commission and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Dawn T. Erdman. There being no further nominations, Ms. Erdman was elected as a member of the City of Roanoke Trensportetion Safety Commission, for a term ending October 31, 2000, by the following vote: ACTION: FOR MS. ERDMAN: Council Members Trout, Wyatt, Hanis, Parrott and Mayor Bowers 5. (Council Members Swain and White were abeenL) At 3:35 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Tuesday, February 18, 1997, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the City Council Chamber, fourth floor of the 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, Lands F. Wyatt, C. Nelson Harris, John H. Parrott and Mayor David A. Bowers 5. ABSENT: Council Members Can~ll E. Swain and William White, Sr. 2. OFFICERS PRESENT: James D. Ritchis, Sr., Assistant City Manager; Wilburn 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 198 The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowem. [ ZONING: The City Clerk having advertised a public hearing for Tuesday, February 18, t997, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider an amendment and revision to Chapter 36.1, ~d~dDg, Code of the City of Roanoke (t979), as amended, to exclude paved driveways and paved parking lots in the calculation of lot coverage, the matter was before the body. Legal advertisement of the public hearing was published in The ~ on Friday, January 31, t997, and Friday, February 7, 1997, and in the ~tDg~J]bU~ on Thumdsy, February 6, 1997, and Thursday, February 13, 1997. (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 proposed amendment is to exclude parking lots and paved driveways from the definition, of "lot coverage" in the City's zoning ordinance, was before Counc,I. It was explained that inclusion of driveways and parking lots would unreasonably restrict development on smaller lots within the City; and the proposed amendment would have no effect on the percentage of open space or landscaping that is required. The Planning Commission recommended approval of the proposed amendment. (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: (~33282) AN ORDINANCE amending §36.1-25, ~ of Chapter 36.1, ~ of the Code of the City of Roanoke (1979), as amended, to amend the definition of lot coverage. (For full text of Ordinance, see Ordinance Book No. 59, page 332. 199 The motion was seconded by Mr. Parrott. The Mayor inquired if there were persons present who would like to addres~ Council with regard to the proposed amendment. There being none, Ordinance No. 33282 was adopted on its first reading by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott and Mayor Beware 5. NAYS: None 0. (Council Members Swain and White were absent.) UNFINISHED BUSINESS: ZONING-ARCHITECTURAL REVIEW BOARD: A request of the Episcopal Diocese of Southwestem Virginia to appeal a decision of tho Architectural Review Board in connection with demolishing structures located at 1010 and 1014 First Street, S. W., having previously bccn before Council on Monday, November 18, 1996, and continued, the matter was again before the body. A communication from David C. Heischer, Attorney, advising that both houses have boca moved and his client requests that the appeal be dismissed, was also before Council. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. Trout moved that the appeal be dismissed. The motion was seconded by Ma. Wyatt and adopted. ACTION: COMMITTEES-HENRY STREET REVIVAL COMMII'rEE: ~ at its meeting on Monday, November 18, 1996, having deferred action for a period of 90 days on the final report of the Henry Street Revival Committee, the matter was again before the body. (For full text of recommendations, see November 18, 1998 minutes.) Ma. Vemica J. Law, 1019 Staunton Avenue, N. W., inquired as to whether certain individuals have submitted proposals for Henry Street, and if as are the proposals being submitted to the Members of Council, or to the Henry Street Revival Commitl~e, or to the City Manager, or to 2OO the Mayor. She advised that it wa~ her understanding that a new entity was supposed to be formed, but no new infom,.ation has surfaced aince .li the November 18 Council meeting; and inqu:recl aa to when the new entity will he established and again voluntaersd to serve as a member. The Mayor responded that there has I:cc.n discussion about a new entity to be formed, however, no formal proposal has bcc. n presented, and before any pmpossl is actsd upon, it must coma before the Council, the City Manager and the Roanoke Redevelopment and Housing Authority. He noted that over the past two weeks, two individuals have presented conceptual Ideas regarding Henry Street. Ms. law clarified that at the last public hearing, it wes stated that a new entity would be appointed that would bo charged with the responsibility of receiving all input from the community, that the community has been waiting for appointment of the new entity in order to express its ideas for Henry Street; however, citizens have learned this evening that they could have provided their input to the Mayor's Office or to the City Manager's Office. She expressed concern that the community should have been advised that this was how input was to be received, and added that if some individuals are permitted to provide their input thro....ugh .the Mayor's Office, all inta ..mstod persons should be allowed to do hkswme, however, that information was not shared with the community as a whole. MS. Helen E. Davis, 35 Patton Avenue, N. E., advised that citizens participated in the process, they attended meetings, and they voiced their concerns. She stated that as a result of the Council meeting on November 18, it was her impression that a new entity was to be formed, and at the Henry Street land Use public hearings, citizens ware invited to submit proposed names for the entity. She expressed concern that the rules continue to change, and citizens have waited for 90 days to find out who will be appointed to the new entity, only to leam this evening that action on the matter will be deferred once again. The Mayor referred to a communication from the City Manager under date of February 14, 1997, advising that there has been community discussion on how to proceed, but he did not believe that many of the community groups had coalesced around a single idea. The City Mans.g. er advised that City staff indicates that Rebuilding Black Communities (RBC), a relatively new organization representing portions of the black community, is currently preparing a written survey to determine the opinions of the black community regarding the future 201 of Henry Street, and it is the understanding of City ataff that it would be RBC's intent to present the resulte of the aurvey at some future date to City Council. The City Manager suggested that Council consider extending consideration of the matter for at least another 90 days to allow time for interested parties to discuss the matter and perhaps reach a consensus on the best way to deal with the Henry Street Revival Committee report which will allow time for continuing dialogue and eliminate the concern that a decision is imminent. (Scc communication on file in the City Clerk's Office.) Carl D. Cooper, representing Rebuilding Black Communities (RBC), called attention to a communication from RBC which was sent to the Members of Council requesting a 30 day continuation of the public comment period for the purpose of completing a survey which RBC is in the process of preparing. He advised that RBC is attempting to design a scientifically correct and valid survey without bias, and the organization is working with Virginia Tech regarding distribution methodology and with the City Planning Department to insure that the survey contains no biased questions. He stated that it is projected that the survey will be completed within 45 days, and results will be i provided to Council and to other interested persons upon completion. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that the general public thought the 90-day deferral period was for the purpose of naming the new entity, because at the last Henry Street public hearing, citizens were invited to submit proposed names of persons to serve on the new entity. She stated that to her knowledge, no one in the community was approached about serving on any type of entity, committee, community development corporation, or volunteer organization, etc. She advised that there was also confusion regarding additional public comment, and citizens believed that the new entity would be appointed following the 90-day deferral of the Henry Street Revival Committee report; however, no one was aware of the City Manager's recommendation until they arrived at the meeting this evening. In order to build trust, she stated that the City Manager's letter should have been released to the public so that citizens would have known what to expect, and in order to build trust, there must be better, open, and truthful communication. Following further discussion of the mater, Mr. Parrott moved that Council extend consideration of the final report of the Henry Street Revival Committee for an additional 90-day period to provide time for 2O2 discussion by interested parties and to reach · consensue on the best way to eddra~s recommendations contained in the report. The motion was seconded by Ms. Wyatt and adoptmJ. HEARING OF CITIZENS: SCHOOLS: A communication from Lynn Wilner, 2709 Crystal Spring Avenue, S, W., representing the Fishbum Park Magnet School Trailer-Gymnasium Committee, was withdrawn. OTHER HEARING OF CITIZENS: None. There being no further business, the Mayor declared the meeting adjourned at 8:05 p.m. APPROVED Al'lEST: _M.a. ry F. Parker David A. Bowers City Clerk Mayor '1 203 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL March 3, 1997 12:00 noon The Council of the City of Roanoke met in regular session on Monday, March 3, 1997, at 12:00 noon, in the Emergency Operations Center Conference Room, Room 159, first floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Rule 1, Rea_uisr ~ of Section 2-15, ~u]~tgf~,~l~ Code of the City of Roanoke (t979), as amended, and pursuant to Rssolution No. 33281-021897, adopted by the Council on Tuesday, February 18, 1997. The 12:00 noon session was held for the specific purpose of mssting with United Statss Congressman Robert W. Goodlatte to discuss matters of mutual interest and concem. PRESENT: Council Members Linde F. Wyatt, C. Nelson Harris, Carroll E. Swain, James O. Trout, William White, Sr., and Mayor David A. Bowers 6. ABSENT: Council Member John H. Parrott OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchis, Sr., Assistant City Manager; W'~lbum C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; and Wilisrd N. Claytor, Director of Real Estate Valuation. OTHERS PRESENT: Robert W. Goodlatte, United States Congressman; Ellen A. Stroud, Assistant for Media Relations for Congressman Goodistte; and Peter S. Larkin, District Director, Roanoke Office of Congressman Goodistte; William F. Clark, Director, Public Works; Kit B. Kiser, Director, Utilities and Operations; Glenn D. Radcliffe, Director, Human Development; and George C. Snead, Jr., Director, Public Safety. The invocation was delivered by Council Member C. Nelson Harris. COUNCIL-LEGISLATION: The Mayor expressed appreciation to Congressman Goodistte for meeting with the Council on a regular basis to discuss Federal issues and other upcoming issues of importance to the City. Congressman Goodlatte advised that he met recently with Fred C. Altizer, Jr., District Administrator, Virginia Department of Transportation, with regard to 1-73. He stated that them appears to be some confusion about the location and whether 1-581 will bear the entire impact, and as a result of questions and concerns, he requested 204 that VDOT begin the process not at the location where 1-581 end~ at Elm Avenue but where 1-581 and 1-81 meet so that the corridors will be five to seven miles wide. He added that the most important issue at this point is funding, and noted that Virginia localities are not receiving their proportionate share of Federal funds. He explained that for every dollar Virginia localities send to the Federal Government in gasoline taxes, they get 79 cents beck, and it costs the state anywhere from $60 - $200 million fur highway improvements, depending upon the formula which varies from year to year and is, in part, due to evolving political circumstances. 1 Congressman Goodlatte advised that he supports isgislat]on that was recentiy introduced known as "Step 21" which will be a new reformulation of the highway funding allocation at the Federal level and will guarantee Virginia at least 95 cents back on every dollar. He stetad that Senator John W. Wamer chairs a subcommittee of the Senate that will be handling the issue and he has pulled together a coalition of at least 26 states. He added that on the House of Representatives side, support by individual members is needed, and fortunately, some large states such as Califomia, Texas and Florida are in the same situation as Virginia. He stated that it is hoped the end result will be a fairer funding formula which will provide for a substantial increase in the amount of money available to make improvements on 1-81 which are going forward, with some construct]on work expected to occur within the next five years. He added that 1-73 construction will be a few years into the future, the project has been placed on a fast track, the State has given the project a priority status and has appropriat~l an additional $6 million for planning and environmental study work, etc. He advised that more funding will be needed, because the cost of the road from Roanoke to North Carolina alone is estimated to be in the range of $500 - $800 million. Congressman Goodlatta addressed the issue of placement of cellular taisphone transmission poles which affect Roanoke City and Roanoke County. He expressed concem regarding the Telecommunications Reform Legislation which was passed by Congress a year ego, and advised that the original language was drawn in such a way so as to take away from local governments the authority to determine where the transmission poles would be placed and gave the authority to the Federal Communications Commission. He explained that he served on a committee that resolved certain differences between the House and the Senate, and the legislation was changed so that local governments still have the authority to determine placement of transmission poles. He stated that it is estimated that 100,000 transmission poles will be installed in the next decade, therefore, it is vitally important that local governments have some say in the placement of the poles. He explained that the transmission poles cannot be moved for the purpose of favoring one technology over another or one competitor over another, and the radio frequency cannot be regulated because it must be standardized by the Federal Govemment. He referred to language in the Telecommunications Reform Bill which 205 provides that local govemmenta must be reasonable in their decisions. He called attention to litigation by Ohio Cellular regarding a transmission pole in Roanoke County in the Catawba Valley area which is being viewed as s test case that will be followed with a great deal of interest because there will be an opportunity in the near future to offer technical amendments to the Telecommunications Reform Bill. Congressman Goodistte reitoreted his willingness to be of assistance at any time with regard to economic development issues. He addressed the National Right to Work Bill which supports the rights of workers and business growth and pledged his willingness to be of assistance as needed. With regard to Intarmodal Surface Transportation Efficiency Act (ISTEA) funds, Congressman Goodlatte advised that some localities, for example, the City of Lynchburg, have expre~esd a preference that ISTEA funds be kept as a separata set aside and some of the more rural communities have requested that all of the funds go directly to the State to be placed in one large pool of funds from which to drew, therefore, he stated that the City of Roanoke may wish to take a position on the issue. He explained that he intends to survey all of the jurisdictions within his Congressional district on the issue. Mr. White expressed concem regarding the capital gains tax and advised that it does not make sense to pay 30 - 35 par cent back to the Federal Government and urged that Congressman Goodistta endorse a broader based tax. Congressman Goodlatte advised that President Clinton has tried to take steps in the right direction and during his campaign, the President proposed a capital gains tax reduction for homeowners which came across as being unfair to single out one segment of taxpayers. Secondly, he stated that a number of Democrats have spoken more favorably about approving reductions in the capital gains tax, and the President has stated that he would be willing to consider a broader based capital gains tax, but he has not provided any specifics. With regard to education, Mr. White advised that when young people are unable to qualify for college grants, there should be some type of tax incentive for middle and Iow income parents to help offset the cost of a college education. Congressman Goodlatta advised that there are numerous proposals under consideration, and there will be some increases in college education support on a broad-based level from community college to vocational education. 206 Mr. Swain referred to the tax on gasoline per gallon in the amount of approximately 18 cents on the dollar, and inquired if the gasoline tax is intended to be a permanent tax; whereupon, Congressmen Goodistte requested that Mr. Larkin research the matter. He stated that it wes his understanding that the 18 cents gasoline tax is a permanent tax which is used for not only highways but for other purposes as well. The Mayor addressed the issue of U. S. Route 220 South in the area of Greensboro, No,t;, Carolina; whereupon, following discussion, Congressman Goodlatfe agreed that it would be advantageous to designate th, e ares from Greensboro to Roanoke es "Future 1-73". The Mayor advised that Congress has now reauthorized the Airport Trust Fund, and reminded Congressman Goodistte that should the Federal Aviation Administration tower be constructed, Roanoke City would like to include the old FAA tower es a pert of the Virginia Museum of Transportation. The Mayor called attention to a reduction in mass transit funding for the City of Roanoke of approximately $400,000.00 in Federal operating subsidy for Roanoks's local bus system, and there is a possibility that all of the funds could be eliminated by the year 2000. He stated that this is a critical issue for the City and the entire region. Congressman Goodlatto advised that mass transit funding has been a frustrating issue for the smaller and medium size cities. He explained that rural areas do not have maes transit, therefore, their representatives are not concerned about decreases in funding, and the larger cities have banded together and stated that they are large enough that they can manage without operating subsidies and prefer capital subsidies instead, thus, the smaller and medium size cities such as Harrisonburg, Lynchburg and Roanoke are suffering. He advised that he will continue to fight for mass transit funds. Ho stated that every form of transportation in this county is, in one way or another, subsidized and there should be some recognition of the fact that localities cannot bear the entire subsidy for mass transit. The Mayor addressed the issue of better signage and a few band tourist radio system on the Blue Ridge Parkway. He advised that approximately two million visitors travel this section of tho Blue Ridge Parkway yearly, and the City should install a Iow band tourist radio system along i-81 and 1-581; and present signs directing visitom/touriste to the City of Roanoke and to Mill Mountain are inadequate and do not indicate lodging and food services are available in the downtown area. He added that there is no signage to indicate that there are two historic districts in the downtown area, and solicited Congressman Goodlatte's assistance. 207 Congressman Goodlatte concurred in the Mayor's remarks and advised that the City has a beautiful spur road which leed~ to downtown Roanoke and more should be done to attract tourists to the City, and he ag~cd to meet with the ' Superintendent of the Blue Ridge Parkway to discuss tho matter. Ha added that the proposed visitor's center would help at the juncture to Explore Park and the Blue Ridge Parkway, however, funding ia inconclusive because fur several years Congress has imposed a moratorium on tho visitor's center. Mr. Swain called attention to dialogue with a representative of the Federal Railway Safety Agency and certain employee~ of Norfolk Southem Railway with regard to alleged safety problems at Shaffere Crossing where it has been reported that exposed electrical wiree have been run through the underpass. He stated that it is reportsd that no Federal isw~ govem the matter, and the situation could be dangerous not only in Roanoke, but in other localities where underpasses exist. He asked that Congressman Goodlatte investigate the matter. Congressman Goodlatte advised that he would determine if the Federal Government has jurisdiction over the matter, and he would be willing to meet with the individuals who discussed their concerns with Mr. Swain, along with Norfolk Southern officials. With regard to drug enforcement issues, the City Manager advised that in October 1986, Congress amended the U. S. Code to allow sharing of Federally forfeited property with local law enforcement agencies that pardcipate in investigation and seizure of properties; the United Sttetes Department of Justice administers the Federally Forfeited Property Sharing Program; funds and other property confiscated in drug-related investigations must be used for law enforcement purposes for narcotica investigations; and Rosnoke'a Police Depa~l,~kent has used the resources for investigative equipment and overdtime expenses. The City Manager advised that the City of Roanoke strongly urges Congressman Goodlatte to continue his support for the Federally Forfeited Sharing Program because it is important to the City's anti-drug efforts. Congressman Goodistte stead that there have been complaints regarding the unfairness of some of the property seizures, standards under which the property may be seized are subject to review, and changes may impact the amount of money on property that is seized. The City Manager advised that Federal funds have continually decreased in the City of Roanoke, and for the 1997-98 program year, there is a 1.3 per cent decrease in new Community Development Block Grant funds and a 2.3 per cent decrease in new Home Investment Partnership (HOME) funds. He stated that 2O8 although these decreases may appear to be minimal, approximately $5.0 million has been requsst~l this year in community development and housing programs for the City of Roanoke, of which approxim.atsly $3.4 million is available, and other I resources are decreasing at the same time, thus, compounding the problem. Congressman Goodlatte stated that he will review the Community Development Block Grant program. He called attention to hie involvement with Community Service Block Grant programs to ensure that funding is not cut because welfare reform is on everyone's agenda at this time, and those types of organizations and the services they provide are ancillary to what the City does, therefor, it is important to insure that the organizations are adequately funded so that they may provide job training and transitional living services, etc. The City Manager pointed out that other than mass transit, job training monies are the only direct dollara that Roanoke City receives which offer any typo of flexibility, and the City has more than $5.0 million worth of demands for Community Development Block Grant funds with only $3.4 million available for appropriation. He stated that CDBG is a very popular program dealing with Iow and moderate income people, elimination of slums and blight, and job creation, and the City has ~'cc.~ able to accomplish some worthwhile goals for the community with the funds, therefore, CDBG funds are of critical importance to the City of Roanoke. Mr. White call.ed a.t?ntion to "Goals 2000" funds which were allocated to the Commonwealth of Virgm~a, however, the Governor elected not to take advantage of the funds. He inquired if there is anything Congress can do to remove the political ,p,,lay so that !,o~al school boards or local governing bodies may elect to accept the Goals 2000 funds. Congressman Goodlatte responded in the affirmative, and called attention to some types of programs, such as the Community Development Block Grant program where funds come directly to the community and bypass the State. He stated that he ia not a fan of the "Goals 2000' program because education should rest with the Ioc~. I school board, parents and taechere, and the "'Goals 2000" program represents an ,ntrusion into that process. Them being no further business, the Mayor declared the meeting in recess at 1:20 p.m., to be reconvened in the City Council Chamber 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 .o.f. Roanoke, with the following Council Members in attendance, Mayor Bowers pres;aing. 209 PRESENT: Council Members Linde F. INyatt, C. Nelson Harris, Carroll E. I Swain, James O. Trout, W',lliam White, Sr., end Mayor David A. Bowers 6. ABSENT: Council Member John H. Parrott 1. OFFICERS PRESENT: W. Robert Herbert, City Manager;, James D. Ritchie, Sr., Assistant City Manager; W'tlburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Sandra H. F. akin, Deputy City Clerk. The rsconvened meeting was opened with a prayer by The Reverend Jim Drinard Smith, Pastor, Saint Elizabeth's Episcopal Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. CELEBRATIONS: J. Raymond Donne#y, Chair, St. Patrick's Parade, present~J a briefing on the parade which will be held on Saturday, March t5, 1997, at 3:00 p.m., in downtown Roanoke. ¢ONSENTAGENDA The Mayor advised that all matters listed under the Consent Agenda ware considered to be murine by the Members of Council and would be enacted by one r,~otion 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 requnste for Executive Sessions to discuss a matter of probable litigation, being a lawsuit to be filed by the City of Roanoke in the Circuit Court for the City of Roanoke; disposition of publicly held property, in connection with a prospective business where no previous announcement has bccn made of the business' interest in locating in the community, specifically the possible conveyance of an interest in land for economic development purposes; and personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the regular meeting of Council held on Monday, December 16, 1996, wars before the body. (For full text, see Minutes on file in the City Clerk's Office.) 210 ACTION: ACTION: Mr. White moved that the reading of the Minutes be dispensed with and that the Minutss be approved as recorded. The ~otion was I seconded by Mr. Swain and adopted by the following vote. AYES: Council Membem Wyatt, Harris, Swain, Trout, White and Mayor Bowers 6. NAYS: Non= O. (Council Member Parrott wes abeenL) 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, commissione and committees appointed by the 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.) 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), aa amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers 6. NAYS: Nono 0. (Council Member Parrott was absent.) CIRCUIT COURT-COUNCIL: A report of the City Manager requesting that Council convene in Executive Session to discuss a matter with regard to probable litigation, being a lawsuit to be filed by the City of Roanoke in the Circuit Court for the City of Roanoke, pursuant to Section 2.1-344 (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.) 211 ACTION: Mr. White moved that Council concur in the request of the City I Manager to conven..e..in Executive Session. to diecuss a matter, with regard to probable I,tigation, being a lawsuit to be filed by the C,ty of Roanoke in the Circuit Court for the City of Roanoke, pursuant to Section 2.t-344 (A)(7), Cede of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers 6. NAYS: None 0. (Council Member Parrott was absent.) CITY PROPERTY-COMMUNITY PLANNING-ECONOMIC DEVELOPMENT-COUNCIL: A report of the City Manager requesting that Council convene in Executive Session to discuss a matter with regard to disposition of publicly held property, in connection with a prospective business where no previous announcement has been made of the business' interest in locating in the community, specifically the possible conveyance of an interest in land for economic development pu..q~..us, pursuant to Sections 2.1-344 (A)(3) and 2.1-344 I (A)(5), Code of Virg,n,a (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 disposition of publicly held property, in connection with a prospective business where no previous announcement has been made of the business' interest in locating in the community, specifically the possible conveyance of an interest in land for economic development purposes, pursuant to Sections 2.1-344 (A)(3} and 2.1-344 (A}(5), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Boware. 6. NAYS: None 0. (Council Member Parrott was absent.) 212 ACTION: PLANNING-ARCHITECTURAL REVIEW BOAR.D.,-OATHS OF OFFICE-COMMII'rEES: The following .porte of qusl,ficetion ware before Council: I Carolyn H. Cole~ ss a member of the City Planning Commission for a term ending December 31, 2000; and Richard L Jones ss a member of the Amhitectural Review Board to fill the unexpired term of Robert B. Manetta, ending October 1, 1999. (See Oaths or Affirmat]ons of Office on file in the City Clerk's Office.) Mr. White moved that the .peris of qualifica§on be received and filed. The mot]on was seconded by Mr. Swain and adopted by the following vote: AYES: Council Membem Wyatt, Harris, Swain, Trout, White and Mayor Beware 6. NAYS: None (Council Member Parrott was abssnL) CONVENTION AND VISITORS BUREAU: Phillip F. Sparks, Chief, Economic Development, introduced David L Kjolhede, the new Execu~ve Director of the Roanoke Valley Convention & Visitors Bureau. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: INDUSTRIES: A communication from Harwell M. Derby, Jr., Attorney, representing the Industrial Development Authority of the City of Roanoke, requesting approval of a plan of financing for the benefit of Virginia Lutheran Homes, Inc., by issuance of the AuthoHty's bonds or notes in an amount not to exceed $27,000,000.00 to assist in the 213 refunding of all or a part of the outstanding principal balance of the Authority's Residential Cam Facility First Mortgage Revenue Bonds (Virginia Lutheran Homes Project), Series 1991, was before Council. (For full text, see communication on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (~33283-030397) A RESOLUTION approving the plan of financing of the Indus~al Development Authority of the City of Roanoke, Virginia for the benefit of Virginia Lutheran Homes, Inc., 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. 59, page 333.) ACTION: Ms. Wyatt moved the adoption of Resolution No. 33283-030397. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Membara Wyatt, Harris, Swain, Trout, White and Mayor Bowers 6. NAYS: None 0. (Council Member Parrott was absent.) BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of $10,000.00 for the 1997 Woatem Virginia Regional Science Fair, which is being hosted by Roanoke City Schools; and advising that school districta will contributo toward the cost of the fair, with a local match cost to Roanoke City schools in the amount of $2,000.00, 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.) 214 ACTION: Mr. Swain offered the following emergency budget ordinance: (~33284-030397) AN ORDINANCE to amend and reordain certain ssctions of the t996-97 School Fund Approprie§ons, and providing for an emergency. (For full text of Ordinance, sss Ordinance Book No. 59, page 335.) Mr. Swain moved the adoption of Ordinance No. 33284-030397. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers C. NAYS: Nons 0. (Council Member Parrott was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: TRAFFIC-STATE HIGHWAYS-CITY JAIL-COUNCIL-CITY EMPLOYEES-COMMUNITY PLANNING-CLEAN VALLEY COUNCIL- REFUSE COLLECTION-ROANOKE NEIGHBORHOOD PARTNERSHIP: Delores D. Daniels, Co-Chair, City Action Team, advised that the City Action Team was sstabli~hed in August, 1995 to pro-actively and more effectively address issues that impact neighborhoods and the community aa a whole. She called upon Donald M. Caldwell, Commonwealth's Attorney, to present the concept of a proposed new program entitled, "Spring Clean Roanoke". Mr. Caldwell advised that the goal of the City Action Team ia to bring together staff from throughout the City organization with the necessary resources and power to address City problems, many of which do not involve a quick or easy solution. He stated that as the City Action Team labored to identify problems which were brought to the team by citizens, the general issue of cleanliness was a major concem. He added that the problem can involve numerous variations such aa older housing and businesses that border on neighborhoods, 215 ACTION: but one of the biggest problems pertain to brush, trash and bulk items, and specifically discarded tires. He advised that in order to address the issue of cleanliness, the City Action Team labored to come up with a way to involve citizens, thus, the concept of designating April as "Spring Clean Month" for the City is proposed which also ties in with the concept of Clesn Valley Day on April 5, 1997. He explained that the prop(mai involves dividing the City into four quadrants and encouraging citizens, homeowners, apa,{,,,ent dwelisre and business owners to bring their bulk brush and bulk items to curbside over a period of four weeks which will give the City an opportunity to address trash-type issues early in the year in preparation for the summer season. He advised that "Spring Clean Month" is also proposed to bo held in conjunction with "Tire Amnesty Day", and called upon Nancy E. Bailey, Program Coordinator, Solid Waste Management Department, for a briefing. Ma. Bailey advised that "Tire Amnesty Day" is scheduled to be held on April 11 and 12 where, at five sites throughout the Roanoke Valley (Roanoke County and the Town of Vinton will participate), citizens will be encouraged to bring discarded tires to be disposed of free of charge. She stated that the entire cost of the program will be funded by the Commonwealth of Virginia. Council Member Swain requested that emphasis be placed on identifying problem areas in the City that should receive special attention throughout the year. The Mayor requested that the Virginia Depa~bbtent of Transportation be contacted to ask that they join with the City during "Spring Clean Roanoke" to remove debris from the interstate highway system through Roanoke, and particularly the interstate ramps. He referred to the Community Dlvereion Incentive Program and suggested that participants be used in City cleanup efforts. Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: BUDGET-SEWERS AND STORM DRAINS-CAPITAL IMPROVEMENTS PROGRAM: The City Manager submitted a written report advising that an engineering services contract was awarded to Mattem & Craig, Inc., on October 9, 1989, for replacement of the Salem r 216 Avenue storm drain; a preliminary report was completed by Mattom & Craig, Inc., on February 15, 1990; the pr~.Ject was delayed until the Fifth I Street Bridge was completed to avo,d traffic problems on Salem Avenue and First Street, and the project bee bccn further delayed to allow for construction of the Second Street Bridge; the Fifth Street Bridge was completed and following a rainfall in April 1994, City staff recommended changes in the scope of work that would allow additional inlets to help reduce street flooding; and changes resulted in a net increase in the contract amount of $4,287.00 for Amendment No. 1 and $1,000.00 fur project advertising and contingencies, which was approved by Council on December 12, 1994. It wes further advised that the project was redesigned and re- advertised; a Iow bid was submitted by Burleigh Construction Co., in the amount of $547,738.00, however, on May 30, 1995, Burleigh Construction Co., withdraw its bid due to errors, and the second lowest bid was submitted by Allegheny Construction Co., in the amount of $717,743.00; the Bid Committee recommended that all bids be rejected and that changes be made in the Scope of Project to keep the project within the budgeted amount of $250,000.00; and Reeolution No. 32554- 071095, adopted on July 10, 1995, rejected all bids received by the City and authoriz .ed the City Manager to make the necessary changes in the Scope of Project and raadvertiee for bids. · It was explained that City staff requested that Mattern & Craig, Inc., provide · proposal for redesigning the project with the goal of reducing flooding in the First Street-Salem Avenue intersection; Mattern & Craig has provided preliminary construction estimates indicating that the project can be redesigned to stay within available funds and can be ready for bidding and construction upon completion of the Second Street Bridge; and changes in redesign resulted in a net increase of $6,800.00 for Amendment No. 2, for a total contract amount of $27,047.00 for design purposes. The City Manager recommended that Council authorize transfer of $6,800.00 from the 1992 Public Improvement Bonds for Storm Drains, Account No. 008-052-9700-9176, to Salem Avenue Storm Drain Replacement, Account No. 008-052-9643-9001. (For full text, see report on file in the City Clerk's Office.) 217 Mr. Taut offered the following emergency budget ordinance: (#33285-030397) 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 336.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33285-030397. The motion was seconded by Mr. Swain and adopted by the following voto: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers 6. NAYS: Nons 0. (Council Member Parrott was absent.) BUDGET-REFUSE CO' i FCTION.ROANOKE VALLEY RESOURCE AUTHORITY: The City Manager submitted a written report advising that the adopted budget for Solid Waste Management for fiscal year 1996-97 wes prepared based on several budget aesumptions regarding the coat of operating refuse disposal programs, viz: (1) estimated tons of refuse to be disposed of et the Roanoke Valley Resource Authority during fiscal year 1996-97 would be 45,760 tons; and (2) the City's bulk refuse container collection service is being provided by Browning Ferfis Industries, Inc.; 38 containers are located at various City facilities and require collection and disposal services fo be performed on a scheduled basis, and the adopted funded budget for fiscal year 1996-97 totalled $67,500.00. It was explained that budget assumptions for operating refuse disposal programs were changed during the fiscal year as a result of the following: Tons of regular household refuse disposed of at the Roanoke Valley Resource Authority will exceed the City's budget estimate by 1,455 tons; and cost of the additional 1,455 tone at $45.00 par ton totals $65,925.00. 219 Mr. Trout offered the following emergency budget ordinance: (~33286-030397) 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 337.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33286-030397. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers 6. NAYS: None 0. (Council Member Parrott was absent.) BUDGET-SNOW REMOVAL-STREETS AND ALLEYS: The City Manager submitted a written report advising that snow and ice storms that occurred in the Roanoke Valley on December 5, t8, and 23, 1996, January 8 and 23, 1997, and February 7 and 12, 1997, deposited nearly 17 inches of frozen parlicipation at the Roanoke Regional Airport; the 1996-97 budget included $96,449.00 for snow removal from City streets and righte-of-way, for overtime salaries, supplies, and chemicals, and other operating accounts are used for regular salary and equipment coats. It was explained that approximately 3,852 hours of regular time and 4,411 hours of overtime were expanded plowing and spreading chemicals on City streets, keeping equipment in service, etc., at a salary cost to date of approximately $105,581.00; City equipment was operated for 5,205 hours, with the cost of fuel, parts and supplies to date exceeding $t3,000.00; 2,650 tone of rock salt were spread on streets and bridges in the approximate amount of $128,525.00; and total cost to the City for snow and ice removal efforts to date total approximately $247,106.00. The City Manager recommended that Council authorize transfer of $89,348.00 from Trigon Settlement ($31,931.00) and Health Department Subsidy ($57,417.00) to the following accounts: 220 ACTION: Snow Removal Overtime FICA Expendable Equipment Chemicals $25,431 .iN) 1,823.00 6,502.00 Mayor Bowere NAYS: None (Council Member Perrott wes absent.) (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (~33287-030397) AN ORDINANCE to amend and reordain certain sections of tho t996-97 Gensrel Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 338.) Mr. Swain moved the adoption of Ordinance No. 33287-030397. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, INhite and 6. 0. BUDGET-BILLINGS AND COLLECTIONS-COUNCIL-REFUSE COLLECTION-UTILITY LINE SERVICES-FLEET MAINTENANCE FUND- EQUIPMENT-CMERP: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified vehicular replacement needs for various City departments; whereupon, the City Manager recommended that Council concur in the following actions: Authorize the purchase of trucks and related equipment as follows: Item #1 - One new cab/chassis for bulk-item refuse truck from Magic City Motor Corporation, at a total cost of $35,482.43. 221 Item ~F2 - One new bulk-item refuse body to be mounted on Item #1 from Cavalier Equipment Corporation, at a total cost of $28,961.87. Item ~3 - Two new mid-size pickup trucks from Berglund Chevrolet, Inc., at a total cost of $25,676.74. Item ~4 - One new 314 ton full size, heavy. duty pickup truck from Berglund Ford- Pontiac-Mazda, et a total cost of $17,495.25. Item ~5 - One new full size ½ ton pickup truck from Berglund Ford-Pontiac-Mazda, at a total cost of $15,918.15. Item d~/ - One new % ton extended cab, 4- wheel drive pickup truck from Berglund Ford- Pontiac-Mazda, at a total amount of $20,486.40. Item #8 - One new % ton pickup truck from Berglund Chevrolet, Inc., at a total cost of $14,392.58. Item #9 - One new cab/chassis for heevy<luty dump truck from Magic City Motor Corporation, at a total cost of $51,156.98. Item #10. One new 20 ton dump body to be mounted on Item ~9, from Truck Body Corporation, at a total cost of $7,138.00. Item #tl - One new step van from Berglund Chevrolet, Inc., at a total cost of $25,713.55. Transfer $242,422.00 as follows: $123,534.00 from Fleet Management Prior Year Retained Earnings account to Fleet Management Operating Account No. 017-052- 2642-9010. 222 ACTION: $118,888.00 from Utility Line Services Prior .Year Retained Earni.n. ge account to Utili~ Line Servicee Operating Account No. 016 ~ 056-2626-9010. 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 emergency budget ordinance: (~33256-030397) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Fleet Management and Utility Line Services Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 339.) Mr. Trout moved the adoption of Ordinance No. 33288,030397. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Harris, Swain, Trout, White and Vice- Mayor Wyatt 5. NAYS: None 0. (Council Member Parrott was abeenL) (Mayor Bowers abstained from voting.) Mr. Trout offered the following resolution: (f/33289-030397) A RESOLUTION accepting the bids for the purchase of truck~ 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. 59, page 341.) Mr. Trout moved the adoption of Resolution No. 33289-030397. The motion was seconded by Mr. Swain and adopted by the following vote: 223 AYES: Council Members Harris, Swain, Trout, White and Vice- Mayor Wyatt S. NAYS: Nona 0. (Council Member Parrott was absent.) (Mayor Bowers abstained from voting.) If purchase of replacement vehicles is deferred for one year, Council Member Swain inquired about the impact on City operations. PARKS AND RECREATION-REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY: The City Manager submitted a written report advising that an agreement dated July 29, 1975, between the City of Roanoke, Roanoke County, and the Town of Vinton established the Roanoke Valley Regional Solid Waste Management Board to establish and oparste the previous landfill in the Mayflower Hills section of Roanoke County, which landfill ceased to exist to operate on May 14, 1994, and the agreement terminated on July 31, t995; and Section 11 (b) of the abovecited agreement provides as follows: "When any parcel of land has I~c.~ fully utilized for landfill purposes, the parties hereto agree that appropriate depa,~,enta of the various political subdivisions shall be designated to maintain and oparste said land as a regional recreational facility or area or any other authorized use for the citizens of all of the then participating parties. Only those political subdivisions that desire to participate shall be required to expand funds for the maintenance and operations of said recreational area." It was further advised that the Roanoke Valley Resource Authority was established by the General Assembly on January 10, 1992, after agreement by the City of Roanoke, Roanoke County and the Town of Vinton to operate the Smith Gap Landfill; and subsequent to creation of the Resource Authority, the following occurred: The filled (used) portion of the Mayflower Hills landfill property has been donated to the Resource Authority along with funding to close the landfill and to create poat- closure care. 224 The unfilled portion of the Mayflower Hills landfill has been leased to the United States Government for the Parkway spur to Explore Park. The filled portion has been closed (covered and seeded) and a landfill gas collection system has bccn partially installed. It was explained that Mayflower Hills community citizens have approached the Roanoke County Board of Supewiaore to express the community's interest in having a park in their area; original plans for the development of the landfill contained a rendering of possible future recreation uses once the property had bc.c.n completely utilized for landfill purposes; and the Roanoke County Board of Supervisors, or its representatives, have contacted the City of Roanoke and the Roanoke Valley Resource Authority and requested that the Resource Authority fund up to $t00,000.00 in one-time funding, through reimbursement to Roanoke County for creation of a community park in the Mayflower Hills community. The City Manager advised that citizens of Mayflower Hills believe they were promised a park upon conclusion of landfill activity in their neighborh.o~.d; neither the City of Roan. oke, R.o. anoke County,. or the .i Town of V,nton expmesed an interest ,n creating and maintaining a park on the previoue landfill property, which has since been donated to the Resource Authority along with funding (and obligation) for closure and post closure care; the unfilled (unused) section of the previous landfill property has been leased to the Federal Government for the Blue Ridge Parkway Spur to Explore Park; the Resource Authority has no legal obligation for creating a park in the Mayflower Hills community; citizens of the Mayflower Hills community continue to maintain that the citizens of the three Valley govemmenta enjoyed the use of property in their neighborhood for uae of a landfill and contend that they were promised a park; the Roanoke Valley Resource Authority can provide funding for the park by using funds transferred to the Resource Authority by the member jurisdictions for use for closure and post closure activities, but only upon consent by participating jurisdictions, viz: the City, County and Town; and the Roanoke County Administration has assured the Resource Authority that the County will undertake operation and maintenance of the park and no further request for funds will be made of the Resource Authority. 225 The City Manager recommended that Council authorize the I Roanoke Valley Resource Authority to make a contribution of up to $100,000.00 for creation of a perk in the M,yflower Hills section of Roanoke County. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#332904)3039?) A RESOLUTION concurring in the Roanoke Valley Resource Authority's granting up to $100,000 to Roanoke County for the construction of s community park in the Mayflower Hills section of the County. (For full text of Resolution, see Resolution Book No. 59, page 342.) ACTION: Mr. Swain moved the adoption of Resolution No. 332904)30397. The motion wes seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers 6. NAYS: None 0. (Council Member Parrott was abeenL) BUDGET-POLICE DEPARTMENT-DRUGS/SUBSTANCE ABUSE- GRANTS: The City Manager submitted a written report advising that the Virginia General Assembly passed State legislation in 1991, Section t8.2.249 Code of Virginia, which allows local law enforcement to seize and to receive forfeited property connected with illegal narcotics distribution; the law also makes it possible for police depa,;,,,ente to receive proceeds from the forfeited properties; and the Deperb,'mnt of Criminal Justice Services requires participants in the Forfeited Asset Sharing Program to submit an annual financial statement of receipts and expenditures related to the Program, certi~ing that the proceeds were used for law enforcement purposes. It was further advised that the Police Department receives additional funds periodically from the State Asset Sharing Program; Council action is required to accept additional funds to be dispersed in accordance with provisions of the Program; revenues collected 226 ACTION: through February 4, 1997, total $70,286.00 and were deposited in Grant Fund Account No. 035-035-1234-7133; estimated current revenue is $46,303.50; and funding received in excess of the estimated revenue of $23,983.00 needs to be appropriated by Council. The City Manager recommended that Council accept funds from the Department of Criminal Justice Services, Forfeited Asset Sharing Program, and authorize the Director of Finance to establish appropriate accounte in order that funds may he expended in accordance with program requiremente. Appropriate $t8,983.00 to Grant Fund Capital Outlay/ Other Equipment, Account No. 035-050-3302-9015. App.ropriate $5,000.00 to Grant Fund Expendable Equ,pment (<$500.00) Account No. 035-050-3302-2035. Increase the revenue estimate by $23,983.00. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (f/33291-030397) AN ORDINANCE to amend and roordain 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 343.) Mr. Trout moved the adoption of Ordinance No. 33291-030397. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, INhite and Mayor Bowera. 6. NAYS: Nono (Council Member Parrott was absent.) 227 BUDGET-FIRE DEPARTMENT-COUNCIL-COMMUNICATIONS DEPARTMENT-EMERGENCY MEDICAL SERVICES: The City Manager submitted a written report advising that on August 27, 1996, Emergency Medical Services (EMS) personnel were shifted to the department's 24- hour shifts (56 hour duty week), which change was made to enhance overall department service levels; by utilizing the 56 hour per week assignment, personnel provide an additional 11 hours on the job each week without overtime; pay upgrades of EMS personnel to include firefighting activities ware also completed; and Communications Department personnel wars mandated to receive annual training in CPR, Virginia Criminal Information Network, Emergency Medical Dispatch re-certfication, and attend various City4ponsorod staff training and meetings, which training is required to enhance and maintain the service level provided to those in need of emergency services. It was further advised that Firs-EMS expenditures will exceed budgeted amounts by year end as a result of placing EMS personnel on 24-hour shifts ($88,138.00), which costs provide for FLSA mandated overtime; the FLSA allows a 53-hour per week schedule with half-time overtime paid for hours above 53; Fire and EMS uses a 56 hour per week schedule; additional costs include three pay Grade 8 (EMT) to Grade 11 Firsfighter/Paramedic upgrades, and nine pay Grade 8 (EMT) to Grade t0 FirefighterlEMT upgrades; overtime for EMS coverage during rsgularly scheduled leave and fire academy training ($49,000.00); EMS ambulance staffing requires a minimum of an EMT and Paramedic; and with five full-time staffed ambulances and 30 personnel employed in EMS, overtime is necessary to maintain staffing during periods of leave, or during one-duty training, such as the firs academy. It was explained that Communications Department expenditures will exceed budgeted amounts by year end as a rssult of Emergency Dispatcher overtime ($28,000.00); dispatchers ars required to maintain their certification as an EMD, which requires fill-in personnel during classes; and additional training rsquirsments such as CPR certification and Virginia Criminal Information Network training have roquirsd additional overtime which was not funded in the current budget; and revenues generated by both departments, in excess of current estimates, ars available to cover costs. 228 The City Manager recommended that Council approve an increase in the revenue estimate for EMS billinga to cover Fire-EMS costs, and approve an increase in the revenue estimate of the E-911 Telephone Surcharge Tax to cover Communications Department costs, as followe: ACTION: Accounts: Fire-EMS Depafb,,ent Revenue 0014)20-1234-0854 EMS Billings 0014)50-3521-1002 Regular Employes Wages 0014)50-3521.t003 Ore.me Wages 0014)50-3521-1004 Temporary Emp. Wages 001-050-3521-1005 FLSA Overtime Accounts: Communications Depa~b,,ent 0014)20-12344)228 Telephone Surcharge Tax 001 4)50-4130-1003 Overtime Wages $137,138.00 $ 18,873.00 59,000.00 37,265.00 22,000.00 $ 28,000.00 $ 28,000.00 (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~/332924)30397) 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 344.) Mr. Trout moved the adoption of Ordinance No. 33292-030397. The motion was seconded by Mr. Swain and adopted by the following vote: 229 AYES: Council Membem Wyatt, Harris, Swain, Trout, White and I Mayor Bowers 6. NAYS: Non: 0. (Council Member Parrott was absent.) The Mayor advised that some localities have installed an additional non-emergency three digit telephone number (311), and inquired as to whether the mater is under consideration by the City of Roanoke; whereupon, the City Manager was requested to provide a report to Council.. BUDGET-COMMUNITY PLANNING-GRANTS-YOUTH-YOUTH CORRECTIONAL FACILITIES: The City Manager submitted s written report advising that the Roanoke City Office on Youth submitted a grant application to the Steate Depar;,,,ent of Criminal Justice Services for funds from s program known ss, "Look and Listen Delinquency Prevention Communications Program"; the program is a comprehensive public awareness communication program designed to educate and bring swaronses to the community of recent changes in the Code of Virginia (Juvenile & Welfare Reform) impacting juveniles and their families; and the Program will also impact public awareness of the consequences of delinquent behaviora/ecte. It was further advised that in December 1996, the Office on Youth, via the City Manager's Office, received official notification of spplica~on approval by the Juvenile Justice and Delinquency Prevention Act Title V, in the amount of $20,000.00 and $10,000.00 in- kind services match, for s total of $30,000.00; the $10,000.00 in-kind service match is based on rate of pay from the volunteers which was submitted as a part of the grant application; and no local money is required for acceptance of the grant. Tho City Manager recommended that he, or his designee, be authorized to execute the appropriate document to accept the award from the Department of Criminal Justice, in a form to be approved by the City Attorney; and further recommended appropriation of $20,000.00 in State grant funds and establishment of a corresponding revenue estimate to a Grant Fund account to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) 230 ACTION: Mr. Harris offered the following emergency budget ordinance: (~/33293-030397) 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 346.) Mr. Harris moved the adoption of Ordinance No. 33293-030397. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Membera Wyatt, Harris, Swain, Trout, White and Mayor Bowers. 6. NAYS: Non= Om (Council Member Parrott was absent.) Mr. Harris offered the following resolution: ?33294-030397) A RESOLUTION authorizing acceptance of Juven,le J.uetica & Delinquency Prevention Act Title V Grant funds from I the Virginia Department of Criminal Justice Services on behalf of the City, authorizing execution of any and all necessary documents to comply with the term~ and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. (For full text of Resolution, see Resolution Book No. 59, page 347.) Mr. Harris moved the adoption of Resolution No. 33294-030397. The motion was seconded by Mr. Swain and adopted by the following vote: Mayor Bowers. NAYS: None AYES: Council Members Wyatt, Harris, Swain, Trout, White and {~. (Council Member Parrott was absent.) 231 ACTION: 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; the two primary client populations served by the Coneortum include economically disadvantaged and dislocated workers; and the City of Roanoke serves as grant recipient for Consorttium funding and Council must appropriate funds for all grsnte and other monies received by the Consorttium. It was further advised that the Govemor's Employment and Training Deparb,,ent (GETD) has sent to the Consortium Notices of Award and adjnstmente for programs which include on-the-job training, work experience, job-related education, classroom training, job placement activities, and remedisl education, viz: Title II-B (Carry-in Funds) - $45,211.00 - Summer Youth Employment Program - (Notice of Award No. 96-03-17), which will be used to cover start-up costs associated with the 1997 Summer Youth Employment Program, to provide remedial education, academic enrichment, work experience with payment of wages, training, counseling, and other benefits for youth. The City Manager recommended that Council appropriate the Fifth District Employment and Training Consor'dum's additional funding totalling $45,21t.00, and increase the revenue estimate by $45,211.00 in accounts to be established by the Director of Finance. (For full text, see report on fils in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#33295-030397) AN ORDINANCE to amend and reordain certain sections oftbe 199697 Consortum Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 348.) Mr. Harris moved the adoption of Ordinance No. 33295-030397. The motion was seconded by Mr. Swain and adopted by the following vote: 232 AYES: Council Membere Wyatt, Harris, Swain, Trout, White and Mayor Bowere -4;. NAYS: Nono 0. (Council Member Parrott was sbeenL) BUDGET-HUMAN DEVELOPMENT-GRANTS-YOUTH-JUVENILE CORRECTIONAL FACIUTIES-SCHOOLS: The City Manager submitted a written report advising that the Comprehensive Services Act (CSA) for At-Risk Youth end Families established a pool of State funds to be expended for public or private non-residential or residential services for targeted population of at-risk youth and their families, effective July 1, 1993; supplemental allocation funds cannot be requested from the State until there is · documented need for funds; on June 17, 1996, Council eppropdatsd $722,543.00 as fiscal year 1995-96 supplemental allocation; end CSA State Funds Pool allocation for Roanoke City for July 1, 1996 through June 30, 1997 is as follows: State funds * Required Local Match $3,920,041.00 Current Budgeted Funds $5,770,283.00 * Projected School Share * Projected City Share $ 429,256.00 $1,420,986.00 It was further advised that the cost of mandated services for targeted at-risk youth and their families was underfunded by $2,t31,475.00 State and local funds for fiscal year 1997; the emotional and behavioral demographics of this population reflect a progressive increase during fiscal year 1997 in the number of children/youth who have the more severe types of dysfunction, many of whom have multiple dysfunctions; and the needs of this population require the more expensive therapeutic community interventions and out-of- community residential placements which have longer periods of time to affect stabilization in order to place the youth in a less restrictive environment: State Funds Required Local Cash Match Additional Supplemental Funde $1,578,571.00 $2,13t ,475.00 233 ACTION: Roanoke City is required to provide a local cash match of 25.94 per cent, or $552,994.00. The City Manager recommended that Council authorize the Director of Finance to appropriate or transfer funding as set forth in the following accounts: Residential, Private, Mandated Treatment Administrative Costs $2,131,475.00 $2,t93,780.00 FUNDING SOURCES Stats Supplemental Funding Stets Administrative Funding Roanoke City Schools Administrative Funding Juvenile Detention Home Recovered Costs Youth Haven I Health Depe,;,,,ent Local Subsidy Cost Allocation Plan Recovery Personal Property Taxes $1,578,571.00 430.00 13,875.00 35,000.00 15,000.00 61,583.00 31,469.00 $2,193,780.00 (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~t33296-030397) 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 349.) Mr. Trout moved the adoption of Ordinance No. 33296-030397. The motion was seconded by Mr. Swain and adopted by the following vote: 234 ACTION: AYES: Council Membere Wyatt, Harris, Swain, Trout, White and Mayor Bowere ..... C. HAYS: None 0. (Council Member Parrott was absenL) BUDGET-PURCHASE/SALE OF PROPERTY-CITY PROPERTY- INDUSTRIES-CAPITAL IMPROVEMENTS PROGRAM-ECONOMIC DEVELOPMENT-STREETS AND ALLEYS: The City Manager having previously submitted a written report with regard to · corporate sponsor; whereupon, the City Manager requested that the report be withdrawn from the agenda. DIRECTOR OF FINANCE: DIRECTOR OF FIHANCE-AUDITS/FIHANCIAL REPORTS-SEWERS AND STORM DRAINS-COUNCIL-WATER RESOURCES: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of January t997. (For full text, see Financial Report on file in the City Clerk's Office.) As a part of the Council's Financial Planning Workshop on Saturday, March 8, 1997, Council Member White requested that Council be provided with an explanation of the City's policy regarding uae of Retained Earnings in the Water Fund, Sewage Treatment Fund, and Internal Service Fund. Without objection by Council, the Mayor advised that the financial report would be received and filed. REPORTS OF COMMITTEES: PURCHASE/SALE OF PROPERTY-CITY EMPLOYEES- JEFFERSON CENTER-WATER RESOURCES: Vice-Mayor Linde F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to acquisition of property for the Employes/Jefferson Center Parking Project, 235 A staff report advised that in September 1994, a plan was i developed to ad. dress The Jefferson Center parking needs as well as employee parking recommendations; in December t994, Council approved transfer of funds to allow acquisition of property and seven parcels have be. ch acquired; one property located at 502 Church Avenue, S. W., described as Official Tax No. 1113419, has been identified as a possible site to implement Phase I of the Parking Project; owners of the property, Guy D. Sparks, Jr., and Patricia S. Sparks, have indicated a willingness to sell the property to the City of Roanoke; and implementation of Phaee II (construction) of the project will require the removal of the buildings, grading, paving, landscaping, and lighting. The Water Reeourcss Committee recommended that Council authorize purchase of property located at 502 Church Avenue, S. W., described as Official Tax No. 1113419, at a cost of $121,000.00; and that the City Manager be authorized to execute the necessary documents, in a form to be approved by the City Attorney, to purchase said property. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: (~/33297-030397) AN ORDINANCE providing for acquisition of real property at 502 Church Avenue, identified by Roanoke City Tax No. 1113419, and the structure located thereon, for the Employee Parking Project, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. $9, page 351.) ACTION: Ms. Wyatt moved the adoption of Ordinance No. 33297-030397. The motion was seconded by Mr. Trout and adopted by the following vote: Mayor Bowers NAYS: None (Council Member Parrott was absent.) AYES: Council Members Wyatt, Harris, Swain, Trout, White and 6. O= 236 ACTION: SEWERS AND STORM DRAINS-EASEMENTS-WATER RESOURCES: Vice-Mayor Linde F. Wyatt, Chairperson, Water Resources Committee, presenbKI a written report on behalf of the Committoe, with regard to donation of a sewer easement to Botetourt County, in order to extend s sewer line to the Bototourt Center at Greenfield. A staff report advised that the Tinker Creek Tunnel Intake was constructed in 1964 to divert surplus water from Tinker Creek in Botetourt County into the Carvina Cove Reservoir; development of the Williamsburg Court Subdivision in Botetourt County included construction of a sewage lagoon upstream from the Tinker Creek Tunnel Intake; and subsequently, the City constructed · lagoon effluent sewage overflow line from the lagoon to a point below the Intake to aseurs that any overflow would not be taken into the Reservoir. It was further advised that a request for permanent and temporary easements across the Tinker Creek Tunnel Intake property in order to extend a sewer line to the Botetourt Center at Greenfield has bccn received from Botetourt County; and construction of the new sewer line would include extension of an overflow line to the lagoon, thus eliminating the need for the overflow line constructed by the City. The Water Resoumse Committee recommended that Council authorize donation of a new 30-foot permanent sanitary sewer easement and a 15-foot temporary construction easement across the Tinker Creek Tunnel Intake property to Botetourt County, in a form to be approved by 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: (~33298) AN ORDINANCE authorizing the donation and conveyance of certain easements across City-owned property to Botetourt County in order to extend a sewer line to the Botetourt Center at Greenfield in Botetourt County, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 59, page 353.) 237 The motion wes seconded by Mr. Trout and adopted by the I following vots: AYES: Council Members Wyatt, Harris, Swein, Trout, White and Mayor Bowers 6. NAYS: Nono 0. (Council Member Parrott was absent.) SEWERS AND STORM DRAINS-WATER RESOURCES: Vice- Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to amendments to a Special Order of the Department of Environmental Quality in connection with the Water Pollution Control Plant. A staff report advised that on August 10, 1992, Council authorized the City Manager to enter into s Special Order with the Department of Environmental Quality (DEQ); conditions of the Special Order are to reduce inflow and infiltration which causes high flows at the Water Pollution Control Plant; identified reduction projects are submitted to the DEQ by all contributing jurisdictions and updated annually; the DEQ has proposed amendments to the existing Special Order to allow for effluent limits based on 42 million gallons per day (MGD), which is due to permit violations with existing effluent limits based on 35 MGD; and the amended Special Order will prevent further enforcement action by the DEQ and allow more flexibility for permit compliance, i.e., relaxed discharge limits that are based on the 42 MGD flow. It wes further advised that aggressive action by the City and its partners, viz: Botetourt County, Roanoke County, City of Salem and Town of Vinton, has resulted in significant progress in correcting inflow and infiltration, which has been acknowledged by the Regional Depa,'t=,ent of Environmental Quality Office; the DEQ has written the amended Special Order to allow for interim effluent limits to operate at 42 MGD; and an agreement to have expanded the Sewage Treatment Plant by December 3t, 2000, is a condition of the Special Order. 238 ACTION: The Water Resources Committee recommended that Council _ authorize ~e City Manager to execute the proposed Special Order by the Depa~,iient of Environmental Quality to prevent further enforcement action and to enhance permit compliance. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (#33299-030397) A RESOLUTION authorizing the proper City officials to execute an amendment to a special order issued to the City of Roanoke by the State Water Control Board on August 10, 1992. (For full text of Resolution, see Resolution Book No. 59, page 352.) Ms. Wyatt moved the adoption of Resolution No. 33299-030397. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Boware 6. NAYS: None 0. (Council Member Parrott was abesnL) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 33282 amending §36.1-25, ~ of Chapter 36.t, ~ of the Code of the City of Roanoke (1979), as amended, to amend the definition of lot coverage, having previously been before the Council for its first reading on Tuesday, February 18, t997, 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: 239 (#33282-030397) AN ORDINANCE amending ~36.1-25, ~ I of Chapter 36.t, ~ of th.e. Code of the City of Roanoke (1979), es amended, to amend the definition of lot coverage. (For full text of Ordinance, see Ordinance Book No. 59, page 332.) ACTION: Me. Wyatt moved the adoption of Ordinance No. 33282-030397. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowera ~. NAYS: Non= 0. (Council Member Parrott was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: COUNCIL-HENRY STREET REVIVAL COMMITTEE: Council Member Swain filed copy of correspondence with the City Clerk from an interested individual providing input wi;;, regard to the Henry Street project, and requested that the Clerk fumish the Members of Council and appropriate City staff with a copy of the document. (See document on file in the City Clerk's Office.) COMPLAINTS-COUNCIL-NEIGHBORHOOD ORGANIZATIONS- STREETS AND ALLEYS: Council Member Trout discussed concerns of residents relating to development of a tract of land in the Autumn Lane area of the City, and advised that representatives of the neighborhood will attend the City Council meeting on Monday, March 17, 1997, to present their concerns. Following discussion of the matter, the Mayor requested that the City Manager contact the leadership of the Ridgewood Park Neighborhood League to schedule a community meeting as soon as possible to address issues of concern, and report to Council at its meeting on Monday, March 17, 1997. 240 ACTION: ACTION: OTHER HEARING OF CITIZENS UPON PUBUC MATI'ERS: None. At 3:25 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 Perrott. COUNCIL: With respect to the Executive Session just concluded, Mr. Swain 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 cousidered by City Council. The motion was seconded by Mr. Harris end adopted by the following vote: AYES: Council Membere Wyatt, Harris, Swain, Trout, White and Mayor Bowers 6. NAYS: Nono 0. (Council Member Parrott was abeenL) OATHS OF OFFICE-COMMITTEES4NDUSTRIES: The Mayor advised that there is a vacancy on the Industrial Development Authority created by the resignation of W. Bolling Izard, and called for nominations to fill the vacancy. Mr. Trout placed in nomination the name of Dennis R. Cronk. There being no further nominations, Mr. Cronk was elected as a Director of the Industrial Development Authority to fill the unexpired term of W. Bolling Izard, resigned, ending October 20, 1998, by the following vote: FOR MR. CRONK: Council Members Wyatt, Harris, Swain, Trout, White end Mayor Bowers (Council Member Parrott was absent.) 241 OATHS OF OFFICE-COMMII-rEES-FIRE DEPARTMENT: The I Mayor.adv.b~... that them is a vacancy on the Board of Fire Appeals due to the tnehgibility of Ronald O. Crswford to serve another term (three consscutJve term limitation), and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of E. L. Noell. Them being no further nominations, Mr. Noell was elected aa a member of the Board of Fire Appeals, for a term ending June 30, 2000, by the following vote: ACTION: FOR MR. NOELL: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers 6. (Council Member Parmtt was abeenL) Them being no further business, the Mayor declared tho masting adjourned at 4:35 p.m. Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 242 ROANOKE CITY COUNCIL ~-ONG RANGE FACILITIES MASTER PLAN March 3, 1997 4:40 p.m. The Council of the City of Roanoke met in informal session to discuss the Long Range Facilities Master Plan prepared by Daniel C. Smith and Associates on Monday, March 3, 1997, at 4:40 p.m., in the City Council's Conference Room, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding. PRESENT: Council Membere C. Nelson Harris, Carroll E. Swain, William White, Sr., James O. Trout (left the meeting et 5:25 p.m.) and Mayor David A. Boware 5. ABSENT: Council Member John H. Parrott and Vice-Mayor Unda F. Wyatt--2. OFFICERS PRESENT: W. Rober~ 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. OTHERS PRESENT: Willard N. Clsytor, Director, Real Estate Valuation; George C. Snoad, Jr., Director, Public Safety; Glenn D. Radcliffe, Director, Human Development; William F. Clark, Director, Public Works; David C. Anderson, City Treasurer; L. Bane Cobum, Civil Engineer; and Daniel C. Smith representing the firm of Daniel C. Smith and Associates. MUNICIPAL BUILDING-CONSULTANTS REPORTS: Mr. Clark advised that approximately two years ago, the City Administration came to the realization that it was necessary to review the City's long range facilities space ccc. ds in relsUon to the immediate municipal complex. He stated that during the past year, it has been necessary for the City to rent auxiliary office space for certain City offices, thus, it became obvious that a more long range view of future needs was necessary. He explained that funds were appropriated in the Capital Maintenance and Equipment Replacement Program, and a consultant was hired to review the five principle buildings of the City and the offices housed therein, viz: Municipal South, Municipal North, Third Street Annex, Courthouse and the Health Depa, l,,~ent on Eighth Street. He stated that after identifying the structures to be studied, the City advertised a Request for Proposals and a number of qualified firms submitted proposals, and following negotiations, the City entered into a contract with Daniel C. Smith and 243 Associates which is a part of the Vitette Group. He further stated that for the past I approxin~..toly 15 months, repressntetivss of Daniel C. Smith and Associates have worked with a task force of City employees, including reprssentetives of the court system to finalize the report. Mr. Clark introduced Daniel C. Smith, who presented a summary of the consultants conclusions. (See report on file in the City Clerk's Office.) Following questions by the Members of Council, the Mayor declared the informal meeting adjourned at 5:45 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 244 ROANOKE CITY COUNCIL FINANCIAL PLANNING WORKSHOP March 8, 1997 8:30 a.m. S The Council of the City of Roanoke held its Financial Planning Workshop on aturday, March 8, 1997, at 8:30 a.m., in the Director's Conference Room, Roar~oke Regional Airport, 5202 Aviation DHve, N. W., City of Roanoke, with Mayor David A. Bowers presiding. PRESENT: Council Members .C. Nelson Harris, John H. Parrott, Caw. o. IIE. Swain, James O. Trout, Will,am White, Sr., Linds F. Wyatt and Mayor Dawd A. Bowere.. 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; Mary F. Parker, City Clerk; Willard N. Claytor, Director of Real Est=ts Valuation; and Robert H. Bird, Municipal Auditor. OTHERS.PRESENT: William F. Clark, Director, Public Works; George C. Snesd, Jr., D,rector, Public Safety; Glenn D. Radcliffe, Director, Human DDe_ velopment; Kit B. Kiesr, Director, Utilities and Operations: Jesse A. H=" irector of Finance; Diane S. Akere, Budget Administrator,'Office of Ma-~g-e~ and Budget; and Sherman M. Stovall, Budget/Management Analyst, Office of Management and Budget. Mr. Hall advised that the workshop would consist of a review of the sources of Ge.neral Fund revenue and expenditures with background, a review of five -ear trend ,nformation, a review of the status of revenues and expenditures for fiscal ;ear 1996-97; the propoaed budget for fiscal year 1997-98; impact on local tax issues, and resp~..nse to s .p.ecific qu.es, t~ons of Council Members. He advised that throughout the mes, ng, memesre of me City staff would be referring to a Financial Planning Workbook. (See Financial Planning Workbook on file in the City Clerk's Office.) Mr. Hall presented a card containing budget fact= for fiscal year 1997-98 and reviewed pages 2 - 20 of the Financial Planning Workbook. 245 ~ regard to page 6, Mr. White esked if the chart indicates that fewer people own property in the City of Roanoke compared to Roanoke County and Salem since Roanoke City is lower on general property taxes; whereupon, Mr. Hall responded that general property taxes are a function somewhat of rate and assessed value which are the primary factors that drive the generation of property taxes. Mr. GHeso advised that a shift in wealth and population is occurring, and over the lest ten years, population in the City has gone down while population in Roanoke County has gone up. He added that if one reviews Roanoke County's financial report over a ten-year history of general property taxes, Roanoke County's growth over the ten years has been much greater than Roanoke City's. The Mayor inquired if there is a cap on the transient room occupancy tax, Mr. Swain inquired if there is a cap on the cigarette tax, and the Mayor inquired if there is a limit on the real esteto tax freeze for elderly and disabled homeowners. The Mayor inquired if small business owners pay more under the Business, Professional and Occupational Ucerme tax now than in previous years; whereupon, the Director of Finance advised that it will depend upon what category of tax they fall under. He stated that last year, he saw problems in the $100,000.00 category, but that was the way the law was passed. He further stated that according to estimates, i the City will lose approximately $125,000.00 due to elimination of the BPOL fee. Mr. Swain inquired as to the range that developed the 3.1 per cent average assessment increase across-the-board on real estate; whereupon, the Director of Real Estate Valuation advised that those numbers varied depending upon neighborhoods and types of property, that there are some neighborhoods where properties do not receive any increase because there has been no appreciation in the property and there are other neighborhoods where the demand for the houses is high and, consequentiy, prices rise and assessments increase by a greater percentage which is greater than the 3.1 per cant, therefor, the increase varies widely across the board. There was discussion with regard to the brokering of electrical service in the City of Roanoke; whereupon, the Director of Finance advised that the City has the right to audit, and the City can review the gross billings of the utility company and compare the billings to the taxes which are remitted to the City. Question was raised as to whether there is a cap on the cigarette tax; whereupon, the Director of Finance pointed out that the City Attorney advises that cities are not limited, therefor, there is no cap on the cigarette tax. 246 Ms. Akare reviewed pages 21-26 of the Financial Planning ,.workbook. Ms. Akere advissd that the City and School administrations share local revenuea based on an agreed upon formula, and for fiscal year 1995-96, local revenues comprised 47 per cent of tho total school budget. Ma. Wyatt inquired aa to when the pementage went down; whereupon, the Director of Finance advised that he would meet one on one with Ms. Wyatt to provide a detailed explanation and historical background. There was discussion that the City of Roanoke serves as a magnet for drawing persons from other localities to take advantage of the social service programs that the City offers and it wes noted that people are coming to the City of Roanoke from not only the Roanoke Valley, but from Roanoke County, Botetourt, Franklin, etc., aa well ss from the West Virginia border to North Carolina to the Tennessee border because Roanoke is an urban canter, and it is going to get worse in two years when welfare is cut. The Mayor advised that when regional issues are discussed, this is a matter that never seems to reach the table, and the City Manager advised that the only way the matter will be discussed through tho Regional Competitiveness Act which is now beginning to reach local govemmenta. Looking into the next two years, Mr. White inquired if there are areas on the expenditure side where the City can change the way it delivers services, thus, saving.money. The City Manager. advised that solid weata automation will take approx,mataly 18 months and the C,ty will be moving in that direction in August and after 12 months, the real savings will begin to accrue to City government; the Nursing Home will probably come off line in August 1997, but there are 12 - 15 employees who need job placement. He stated that in the short term, relative to some of the Nursing Home savings, it will be the recommendation of the administration that Council use the money to retrain those employees so that when vacancies occur, they will qualify. He advised that the City Administration ia trying to protect those funds under the assumption that Council might went to use the money for debt service in 1999, and the City Administration ia trying to be very cautious to insure that 100 per cent of the savings will be available for Council to use however it wishes. Mr. White inquired if the City Administration has other ideae regarding cost ssving measures to be presented to Council; whereupon, the City Manager responded in the affirmative. Mr. Grieso reviewed pages 27-30 of the Financial Planning Workbook. Ms. Akere reviewed pages 31 - 33 of the workbook. 247 The City Manager advised that baaed on projections through June 30, 1997, unless something unanticipated eccure in the General Fund operating budget for the current fiscal year, it is believed that the City will be in good financial condition through the end of the fiscal year. Upon question, the Director of Finance advised that most likely there will be a year end undesignated fund balance, inasmuch as all of the appropriations which were authorized will not be spent, and he would estimate that the City will over collect the total revenue base. He noted that there will be $400,000.00 leas in over collection in personal property due to certain action taken by Council on March 3, but overall the City will out perform its revenue estimate. Mr. Swain advised that he had no problem with a one or a 1.5 par cent surplus, but a 2.3 or 2.4 per cent surplus is not acceptable. He also advised that he is sensitive to "panic buying" at the end of the fiscal year. Mr. Hall reviewed pages 35 - 39 of the workbook. At 10:00 a.m., the Mayor declared the meeting in recess. At 10:20 a.m., the meeting reconvened in the Director's Conference Room at the Roanoke Regional Airport, with ell persons listed on page one in attendance, Mayor Bowers presiding. Ms. Akers reviewed pages 40 - 47 of the workbook. Ma. Wyatt called attention to a policy of the Roanoke City School Board with regard to an early retirement option for school employoae, which has provided school employees with the option of retiring at age 55, with 20 per cent of their salary for 20 days service each year. She advised that the early retirement option has saved the school system money, and it has I::cn advantageous to school employees because they can retire at an early age. She asked that City officials confer with school officials to explore options and to determine if it would be advantageous to the City. With regard to the Greater Roanoke Transit Company subsidy and the uncertainty of Federal funding, Mr. Swain inquired if the City ia investigating the possibility of reducing the number of buses that operate in the City; whereupon, the City Manager advised that alternatives are being explored. The Mayor advised that he would not favor an increase in fares. 248 Ms. Akers explained that with the adopted budget, the schools will be able to fund all but $140,000.00 of its Fr;ority III items, and those unfunded items include teacher planning time at 50 par cent at the elementary schools, at a cost of $100,000.00, and the middle school football program at $40,000.00. Mr. Trout moved that the City Manager include in his budget a two cents reduction par year in the real estate tax rate for a padod of five yesra and report to Council wi~ a recommendation on funding, and that the City Manager also develop figures on a one cent reduction par year in the real estate tax rate for a pariod of five years with a recommendation on funding. The motion was seconded by Mr. Swain. Following discussion, the motion was adopted, Council Members Parrott, INhite and Wyatt voting no. Following further discussion, there was consensus that the City Manager and the Director of Finance will review alternative sources of revenue. MS. Akera reviewed the impact of local tax issues, page 49 of the workbook. The Director of Real Estate Valuation reviewed the agricultural land use program which was expanded to the entire City, effective January 1, 1977. (See page 50 of the Financial Planning Workbook.) The City Attorney advised that in order to participate in the agricultural land use program, the proparty must be of five acres or larger in size, and use of the property must be devoted to the production of plante and animals for sale, and called attention to a detailed set of state criteria which is used to determine if standards are met. He further advised that when a proparty qualifies, it is assessed at its agricultural use instead of the usual method of assessment, which is fair market value at the highest and best use. He explained that roll back occurs if use of the land has changed to a non-qualifying use, if land is rezoned to a more intense use, and when land is subdivided. The City Attorney reviewed pages 51 - 52 of the Financial Planning Workbook. Mr. Cisytor reviewed page 53 of the workbook. He updated information listed under the footnote on page 53 by advising that seven parcels would represent 77 par cent of the total acreage and 58 par cent of the total value of $9 million. He further advised that if the agricultural land use program were extended out by ten years, there ware approximately 30 owners in the program with approximately t,500 acres 249 compared to the current fiscal year where there are 21 owners and 600 acres, therefore, the program hea, on its own, declined by 40 per cent and seams to be dying a natural death. He stated that of the seven parcels that represent 77 per cent of the total, four are currently under development or for sale. Upon queation, Mr. Claytor advised that there are 2t owners who represent approximately 40 pamela of land. He addressed some of the potential consequences of ending the program, aa well ea positive benefits. He advised that with a sunset provision, there may be a possible Ios~ of roll beck tax revenue which could amount to about $500,000.00 using the current fiscal year estimate of $102,000.00 as the foregone revenue; there would be financial hardships, thus, creating property for sale and lose of land bank properties; the City could experience developments at less than the highest and beat uae of the properliea; and the City may be perceived as reneging on an agreement from the 1976 annexation. He stated that some of the positives of the program are that it preserves open space, but most importantly, it provides a method of land banking and preserving large tracts of land for maximum development, thereby creating the greatest economic benefits. He advised that the program has some tax equity issues, Roanoke ia an urbanized city and one does not think of the City as having a large agricultural base which is an issue that might be on the down side. Ms. Wyatt inquired as to which of the proparl]ea are small family-owned farms. Mr. Claytor advised that the majority of the parcels are in the annexed areas, which areas were rural at the time they were annexed to the City, and the agricultural land use program was an attempt to keep the issue of texea, versus City and County, equitable as those citizens were annexed into the City. The Mayor requested that the agricultural land use program be referred to t997-98 budget study, and that the Director of Real Estate Valuation identify the 21 agricultural landowners, taking into consideration the concam of Ms. Wyatt as to whether or not any of the properties are family-owned farms. Mr. Claytor reviewed page 54 of the Financial Planning Workbook with regard to tax exempt properties in the City, the total value of which is $643,593,500.00, and noted that if the propartios were taxable, they would generate approximately $8 million in revenue. The Mayor inquired as to how that compares with other localities in the region; whereupon, Mr. Claytor advised that it represents approximately t6 per cent of Roanoke'a tax base; however, he would obtain the precise numbers from other localities for presentation to Council at a later date. 250 The City Attomey reviewed information on tax exempt properties and service charges, (See summary on file in the City Clerk's Office.) The Director of Finance reviewed pages 55 - 56 of the workbook. The Director of Real E~tate Valuation reviewed page 57, A~seesed Value of Residential Properties. Mr. Grisao pointed out that in Roanoke County, the per capita income is $41,000.00 par citizen, and in the City of Roanoke, the par capita income is $21,000.00 which is another indication of the shift of wealth to the suburban county. Mr. Grisso reviewed pages 58 - 60 of the workbook. With regard to the cellular telephone utility tax, Mr. Wttite requested that the matter be referred to 1997-98 budget study for further discussion on the impact of implementing the tax. Ms. Akers reviewed pages 61 - 75 of the workbook. She advised that operational efficiency improvements are being implementad which could increase the bon.ding capacity and would include the nursing home subsidy of $500,000.00 and sav, ngs through solid waste automation, and although no r)olicv decision has been made by Council as to where the savings would b~ alloc~tod,'using a one ratio, the savings could leverage $17,356,000.00 in bonding capacity and have the potential of increasing the next bond issue from $20 to $37.35 million. The City Manager advised that Council has not set a specific policy, and the City Administration has operated under the assumption that Council would want to protect these savings and have the option to decide on how to use the funds, such as cutting taxes or capital improvements, etc. Mr. White advised that Council should discuss the issue as it moves to t997- 98 budget study, because it is an important question to be debated. He stated that Council should make a decision on how it wants to deal with this item parallel with discussion on the real estate tax rate. Mr. White called attention to savings as a result of increased efficiencies in City government. He stated that if the savings are to be us.e.d to increase bonding capacity, he would like for the School Board to comp,le a list of increased efficiencies in order to contribute to the debt capacity inasmuch as a considerable amount of the debt would go back to the school system. 25"1 Me. Wyatt requested a list of the names of membera of the CIP Advisory Committee. Mr. Harrie addressed the freeze on real estate taxes for elderly and disabled homeownere which is currently at $26,000.00, although the maximum could be raised to $30,000.00. He requested financial information, in $2,000.00 increments, as to the fi~cal impact on the City'e budget if the limit ia increased. There being no further business, the Mayor declared the Financial Planning Workshop adjourned at t2:25 p.m. APPROVED A'I'i'EST: Mary F. Parker City Clerk Mayor 252 ROANOKE CITY COUNCIL -- ROANOKE COUNTY BOARD OF SUPERVISORS March 11, 1997 12:00 noon A joint meeting of the Roanoke City Council and the Roanoke County Board of Supervisors was called to order on Tuesday, March 11, 1997, at 12:00 noon, at the Roanoke County Administration Center, 5204 Bernard Drive, 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, Linde F. Wyatt and Mayor David A. Bowers 5. ROANOKE CITY COUNCIL MEMBERS ABSENT: James O. Trout and William White, Sr.. 2. ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Fenton F. Harrison, Jr., Harry C. Nickens, Lee B. Eddy, H. Odell Minnix and Chairman Bob L. Johnson 5. ROANOKE COUNTY BOARD OF SUPERVISORS ABSENT: None 0. I ROANOKE CITY STAFF PRESENT." W. Robert Herbert, City Manager; James D. t Ritchis, Sr., Assistant City Manager;, Wilbum C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Kit B. Kiser, Director, Utilit]ee and Operations; Glenn D. Radcliffe, Director, Human Development; and George C. Snead, Jr., Director, Public Safety. ROANOKE COUNTY STAFF PRESENT: 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 Information Officer; Mary H. Allen, Clerk to the Board of Supervisors; and William J. Rand, III, Director, General Services. Following lunch, the business session convened at 12:25 p.m. Chairman Johnson called attention to numerous efforts of the two governing bodies regarding joint cooperation, viz: a joint Request for Proposals for health care, joint ventures in the 800MHZ Trunking Radio System, Sewage Treatment Plant upgrade, extraterritorial arrest powers to the City and County Police Depa~t,,ente, overlay districts for backing up fire and rescue efforts, $12 million at Smith Gap with 253 the refuse transfer station in Roanoke City, and the Roanoke Regional Airport. He stated that the two governing bodies should commend th.e. mselv, es and apprise the citizens of the Roanoke Valley that there are no conhontationsl resuoa between the City and the County that, through a esries of negotiations and cooperative ventures, cannot be overcome. He euggoated that the Public Information Officers from both localities coordinate a documentary program to be televised on RVTV Channel 3 featuring cooperative efforts of Roanoke City and Roanoke County. FLOOD REDUCTION/CONTROL: Chairman Johnson called attention to devastating flooding conditions in West Virginia and parts of Kentucky and Arkansas, etc., and advised that he would request the Board of Supervisors at its meeting later in the day to ask etaff to coordinate efforts to render assistance to those in cccd in the flood areas. He suggested that Roanoke City also join with the County in providing aesletenoa. Without objection by Council, Mayor Bowers requested that the matter be referred to the City Manager for appropriate response. HABITAT FOR HUMANITY: The County Administrator reviewed · report in regard to Pinkard Court in Roanoke County, which facility wee donated by the County to Total Action Against Poverty (TAP). He eteted that Roanoke County has a good record insofar es working with Total Action Against Poverty, that TAP compiled a report of its activities over the past two years, end the information is shared with Roanoke City to demonstrate that numerous successful programs have operated out of the Pinkard Court Office. Mr. Eddy clarified that Pinkard Court is a school building which was constructed in the 1960's, and the County gave the building to TAP for its housing program. He stated that the issue of affordable housing will be addressed in the County's Comprehensive Plan, and Roanoke County would welcome any suggestions from its neighbors as to a regional approach to the issue. Chai¢,~an Johnson advised that the water and sewer tap fees are approximately $5,000.00 in Roanoke County, and in view of the high coat, unless incentives are offered to encourage citizens to construct houses within a certain price range, many $75,000.00 - $80,000.00 homes will be constructed. Mr. Eddy called attention to an offer by a Roanoke Valley resident to donate lend to Habitat for Humanity in the Starkey Road area; whereupon, the County Administrator advised that Billy H. Branch offered five - six acres of land in the Starkey Road area, however, a problem with regard to access to the property has not been resolved. I 254 Chairman Johnson advised that Roanoke County will continue to work on the 18~ue. · .LOW..BAN. D.TOU.?IST FL~DI.O-STATE .IG HWAY$: Mayor Bowers advleed that .~.,o.w Dana ~unat raalo system ,nvolvee the posting of signs along the interstate mgnway or along the Blue R,dge Parkway invitin- traveler. '-- -':-, - · . u w ulm ~ ml~mG numDer on their AM band radio for tourist information. He eteted that mlilln,,, ,~f travel 1-81 and approximately two million visitors travel the ' '"~'~";~'~"D~,'~.~.'.". annually. Blu .He adde~.~ that the matter was discussed last week at a meeting of Roanoke C,ty Councd with Congreesman Robert W. Goodlatte who was requested Lo con.~ct the Blue .?idge Parkway Servi.ce, Asheville, North Carolina, with regard wonun.g with the City to provide better e,gnage on the Blue Ridge Parkway leading into the C,ty of Roanoke and to assist in the development of a Iow bend tourist radio system. He expleined that the initial coat would be approximataly $17,000.00 for the City of Roanoke· Mr. Eddy advised that Augusta County is used as a m~4=l ~.i+~ f .... nem.,tte.rs hav,ng been ,nstalled at a total cost of $45,000.00 initially, and an annual ma,ntensnce cost of approximately $8,000.00. He stated th=f *h,, ~_'~,,..k. A, Augusta, Citi. of Waynssboro and Steunton, and the Vir ,~n~;-~:)~; ...... ""' g partment of .Transportation each shared equally in the coat which amounts to an initial ,nveetment of approximately $11,000.00 each, plus annual maintenance cost of $2,000.00. He .added that the Roanoke Valley Convention & Visitors Bureau has agreed to coord,nate the necessary updates to the information. · Mayor Bowers advised that the Virginia Department of Transportation has ,ndica~d that installation along the Roa~toke Valley's section of 1-81 would be approx,mately $15,000.00 - $30,000.00. Mr. Minnix ad.v!ae~l., that ?1. Roanoke Valley should promote activ, ities that will make ?le area a dssUnation ..point for..travelers before they leave home Instead of. as the.y. I,.sten to the radio ..wh,le travel,ng. He stated that..h.e would like to..r?v!ew statistics on Iow band rad,o systems used by other local,ties to determine ,f ,tm a worth..wh, lie venture. He explained that a traveler en route to another location would m .o~. t hkely not be in. cli.ned to step in the Roanoke Valley, no matter how good the ran!o announ..c~, m. ent m,ght be, Decauee the traveler has a destination point in mind ana a pre-set ,m,tad amount of time for arrival. · .Mr: E. ddy advised that the Fifth Planning District Commission, in conjunction w, th V,rgmm Tech students, engaged in a survey at the.re, st steps along I.-8.1 two years ago, and of the persons surveyed, 75 per cent sa,d they were travehng for ploasu.r..e rather ~an business and o.f those numbers, 70 - 75 per cent said they would hkely tune ,n to a radio station ,f they saw the sign on the highway· ' 255 Chairman Johnson advised that the matter will be discussed during the County's 1997-98 budget study process. Vice-Mayor Wyatt advised that a Iow band radio system would cnst in the range of $50,000.00, and if confronted with the choice of $50,000.00 for a Iow band radio system or $50,000.50 for the Roanoke Valley Convention & Visitors Bureau, her vote would go to the Convention & Visitors Bureau. SEGREGATION/INTEGRATION-HOUSING/AUTHORITY-SCHOOLS: The City Manager referred to a newspaper article in ~at~]9~A~lt~ dated January 30, 1997, entitled, "Roanoke - Moat Segregated City Study Says". He stated that the article was pert of a study performed by staff at the University of Michigan, Population Study Center, which referred to the 1990 census. He advised that he requested the City's Economic Development stiff to review the study which ravoaled that levels of new construction have a direct bearing on the change in residential segregation, and since the 1980's, the City of Roanoke has had few new residential units constructed within its corporate limits due to lack of available land and the fact that citizens choose to purchase new housing more fraquentiy than existing homes, thus, the trend is to move into new housing which is more abundant in the outlying areas. He advised that the analysis also revealed that many of the integrated cities were the result of annexation that had taken place in the surrounding suburbs during the past decade. He added that other questions which entered into the study pertained to economics, race and education. He stated that the City has reviewed the University of Michigan ebJdy, and based on the above factors, there are no quick fixes, it is a regional question, and it is not surprising that some of the stetiatice might be skewed looking at independent cities versus counties, aa well as other factors such as the inability to annex and the lack of one common school system. REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY: Chairman Johnson expressed concern with regard to tipping fees at the regional landfill which will have an impect on local budgets. The County Administrator advised that the impact on the County's budget will be $185,000.00, Roanoke County has discussed the matter with the Roanoke Valley Resource Authority to dete,,,,ine what can be done to cause more major refuse companies to use the regional landfill, and it has been determined that it would be advantageous to engage a consultant to study the matter. Mr. Minnix suggested that long range efforts should include consolidation of operationsJofficoa of Roanoke City and Roanoke County refuse collection. 256 BUSES: The City Manager advised that Roanoke City previously notified Roanoke County that the Specialized Transit Arrang. ed Rides (ST.A. R) bus service would be terminated on June 30, 1997. He expla,ned that earl,er in the year, Roanoke City requested Roanoke County's financial participation in the program which would cost approximately $35,000.00 per year, however, Roanoke County declined and elected to proceed with its CORTRAN service. He stated that Greater Roanoke Transit Company personnel provided Roanoke County with a list of County residents who used the STAR service on a regular basis, and it is the City's understanding that the County is working to insure · smooth transition. LICENSES-TAXES-LEGISLATION: Mr. Grisso called attention to changes in State law regarding the Business, Professional and Occupational License Tax which will take effect in fiscal year 1999. He noted that during its Financial Planning Session on March 8, t997, City etaff advised Council that the estimated cost to the City of $125,000.00 in annual revenues have eliminated the $50.00 fee on those businesses that pay a tax rate of $100,000.00 in gross receipts. He stated that the Business, Professional and Occupational License tax is not a fair tax, the City has requested an alternative, and lobbying efforts for local flexibility at the General Assembly level will continue. He further stated that discussions have taken place with regard to making the personal property tax a State tax, with the State assuming certain responsibilities that ara now inherent upon local government, and the Lieuta. nant Governor is chairing a study committee charged with the responsibility of rev,ewing the matter during the year. Mr. Minnix called attention to the possibility that the Business, Professional and Occupational License tax may be phased out, and Roanoke City and Roanoke County should prepare an altemata plan because when the tax no longer exists, the citizens of the Roanoke Valley will have to assume the burden. RECYCLING: Mr. Eddy advised that in the future, it would be advantageous to have a universal system of recycling, and inquired about Roanoke City's future plans. The City Manager advised that Roanoke City has approximately 3,500 - 5,000 households that ara not currently on line for recycling; that studies show, over the long term and depending on the buy-back rate which fluctuates from year to year, that the program has been cost effective by diverting material from the landfill and coming close to covering the City's operating costa. With Council's approval, he stated that it would be his goal to add the balance of citizens to the City's recycling program by the end of this calendar year. 257 INSURANCE: Ms. Hyatt advieed that the Employee Health Care Subcommittee met on February 20, 1997, to review a propoaed acheduie of activities, each locality was given a Request for Propoeeie for review, and it is proposed to adverdee the Request for Propo~aie by April or May, with the review process to be completed by the end of August, followed by negotiations with potential bidders, and a recommendation to City Council and to the Board of Supewiaors by late August, for a January 1, 1998 implementation date. There being no further business, the Mayor declared the Roanoke City Council meeting adjoumed at 1:30 p.m., and the Chairman declared the Roanoke County Board of Supervisors meeting in recess until 3:00 p,m. APPROVED Al'rEST: Mary F. Parker City Clerk David A. Bowers Mayor 258 REGULAR WEEKLY SESSION ~ ROANOKE CITY COUNCIL March 17, 1997 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 17, 1997, at 12:30 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, ~ of Section 2-15, ~JJi~L~GG~IU[~ Code of the City of Roanoke (1979), 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. Bowere .7. ABSENT: None- Og 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. At 12:35 p.m., the Mayor declared the meeting in recess until 2:00 p.m. STREETS AND ALLEYS-BRIDGES-INDUSTRIES: The Members of Council participated in a bus tour of the following sites/construction projects: Second Street/Wells Avenue Peters Creek Road Extension Brandon Avenue Blue Ridge Industrial Park At 2:00 p.m., on Monday, March 17, 1997, 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 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 .-0. .4 OFFICERS PRESENT: W. Robert Herbert, City Manager; 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. The reconvened masting was opened with · prayer by The Reverend Cedric E. Malone, Pastor, Greater Mt. Zion Baptist Church. The Pledge of Allegiance to the Flag of the United States of America wes led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT-SCHOOLS: The Mayor recognized exchange students from NeHta-Shi, Japan, and Leeds, England, who were perticipeting in a student exchange program at Patrick Henry High School. He presented each student with an Honorary Citizenship Certificate and s City of Roanoke lapel pin. 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, January 6, t997, and Tuesday, January 21, 1997, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) 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. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt end Mayor Bowers 7. HAYS: None 0. 259 26O ACTION: ACTION: COMMITTEES-COUNCIL: A communication from Mayor David A. Bowere requeeting 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}(t), Code of Virginia (1950), as amended, wes before the body. (For full text, eee 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 (Al(l), Code of Virginia (1950), as amended. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Perrott, Swein, Trout, White, Wyatt and Mayor Bowers 7. NAYS: Nono 0. COMMITI'EES-MENTAL HEALTH SERVICES-BLUE RIDGE COMMUNITY SERVICES: A communication from Onzlee Wars tendering his resignation as a member of the Blue Ridge Community Services Board of Directors, effective immediately, wes 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. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swein, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. SCHOOLS: The Mayor advised that on July 1, 1997, there will be three vacancies on the Roanoke City School Board, for terms of three years each, ending June 30, 2000. He stated that pursuant to Chapter 9, ~ Article II, Procedure for Eisct~on of School 261 ACTION: ACTION: Tm~tmm. ~tion 9-19, Preliminary Scmenina_ of Candidate~. of the Code of the City of Roanoke (1979), as amended, on or before March 31, Council, as a Committee of the Whole, shall, at a regular or special meeting, review and con~ider all candidate~ for the position of school tme~; whereupon, the matter was before the body. The Mayor further advised that as of 5:00 p.m., on March 10, 1997, which wsa tim deadline for receipt of applications, the following persons had applied for the three vacancies: Sherris M. Boone Elizabeth M. Burford F. B. Webster Day Marsha W. Ellison Joann Hamidullah Brctt A. Harwell Sherman P. Lea Michael S. Myers (Withdrew application pursuant to communication under date of March 17, t997.) David A. Ostroff Michael L. Ramsey Lisa S. Updike (See applications on file in the City Clerk's Office.) Mr. Trout moved that all applications be received and filed. The motion was seconded by Mr. Swain and unanimously adopted. HEARING OF CITIZENS UPON PUBLIC MAI-I'ERS: ACTS OF ACKNOWLEDGEMENT4~OUNCIL: William F. Field, Jr., 3727 Parliament Road, S. W., Ape,b~ent 9, commended the Members of Council for their concern for the citizens of Roanoke, and expressed appreciation from Council's long and sometimes frustrating work. Without objection by Council, the Mayor advised that the remarks of Mr. Field would be received and filed with appreciation. 262 ACTION: ANNUAL REPORTS-ECONOMIC DEVELOPMENT: Elizabeth S. Doughty, Executive Director, Roanoke Valley Economic Development Paf~;ership, preeentod the 1996 Annual Report of the Partnership. (See report on file in the City Clerk's Office.) W'dhout objection by Council, the Mayor advised that the Annual Report would be received and filed. PETITIONS AND COMMUNICATIONS: BUDGET-GRANTS-CMERP-SCHOOLS-EQUIPMENT: A communication from the Roanoke City School Board requesting appropriation of $196,694.00 from the 1996-97 Capital Maintonsnce and Equipment and Replacement Fund to be used for purchase of school- based instructional computore, preparation of architactursl designs for the renovation of Addison Middle School, and design plans for a facility addition at Round Hill Primary School; further requeeting appropriation of $275,000.00 for purchase of fumiturs and equipment for Brsckinridge Middle School; and appropriation of $2,200.00 for the 1996-97 Vocational Instruction Improvement Grant to provide funds for the purchase of automotive program equipment and instructional software designed to assist vocational teachers to improve instruction in the classroom, with Stata funding of $2,200.00 to reimburse expenses, was before Council. A report of the Director of Finance advising that the appropriation of $2,132,372.00 is the seventh and eighth appropriation of the School Board's fiscal year t996 Capital Maintonanca and Equipment Replacement Program funding, leaving an unappropriated balance of $t78,607.00, and recommending that Council concur in the request of the School Board, was also before the body. (For full taxt, see communication and report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#33300-931797) AN ORDINANCE to amend and reordain certain sections of the 1996-97 School and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, soo Ordinance Book No. 59, page 353.) ! ACTION: Mr. Swain moved the adoption of Ordinance No. 33300-031797. The motion wae seconded by Mr. Trout and adoptad by the following vota: AYES: Council Members Harris, Parrott, Swain, Trout, Whita, Wyatt and Mayor Bowers 7. NAYS: None. 0. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-FIRE DEPARTMENT-CMERP-FLEET MAINTENANCE FUND-EQUIPMENT: The City Manager aubmittad a written report advising that the prior year and current year Capital Maintenance and Equipment Replacement Program hae identified the need to replace one aerial fire apparatua; market evaluations have identified that the purchase of a Quint Aerial Fire Apparatus would be in the best interest of the City; a Quint is a multi-functional piece of fire equipment that combines many featurea of a pumping engine and ladder truck, which versatility would allow the responding fire company to begin fighting fires even if the eupport firs engine is on an Emergency Medical Services call; specifications ware developed, and all bids were publicly opened and read in the Office of Manager of Supply Management; five bids ware received on Bid No. 96-7-19 and three bids were received on Bid No. 97.2-6; whereupon, the City Manager recommended that Council concur in the following actions: Accept the bide to purchase fire apparatus from Kovatch Mobile Equipment Corp., as follows: One new 75-foot Quint Fire Aerial Apparatus aa quoted on Bid No. 96-7-19, at a cost, including performance bond, of $~.;t,325.00. One new 75-foot Quint Fire Aerial Apparatus ae quoted on Bid No. 97-2-6, at a cost, including performance bond, of $454,780.00. 263 264 ACTION: Appropriate $896,105.00 from the Capital Maintenance and Equipment Replacement Program to General Fund Transfers to Fleet Management Account No. 001-004-9310- 9506 and to Fleet Management Account No. 0174)52-2642- 9015. Reject all other bids received by the City on Bid Nos. 96-7- 19 and 97-2-6. (For full text, see report on file in tho City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (~33301) AN ORDINANCE to amend and reordain certain sections of the 1996-97 General and Fleet Management Fund Appropriations, and providing for an emergency. (For f~ll text of Ordinance, see Ordinance Book No. 59, page 373.) Mr. White moved the adoption of Ordinance No. 33301. The motion was seconded by Mr. Swain. Fire Chief James Grigsby asked tho following question, "Should tho first piece of fire apparatus that arrives on the scene of a fire be able to begin putting water on the fire?" He responded to the question in the affirmative. Chief Grigsby advised that in March t991, the Fire Department initiated a Firct Reepondsr Program which provided cross training for firefightere become Emergency Medical Technicians and the program has proven to be beneficial to the quality of life of the citizens of Roanoke. He stated that the depa,b,ent responds to approximately 3,000 - 4,000 First Reeponder calls annually. Chief Grigsby explained that the City Manager previously requested that a depa~b,,ental review of procedures be initiated to answer tho following question: Is tho dopa~t,'~ent doing the right thing and is it doing the right thing right? He advised that major changes have occurred over the past t4 - 15 months such as re-engineering fire prevention efforts which resulted in approximately 50 individuals being cross t~ainsd as inspectorc and when the program is fully on line, the department will be able to addre88 about 3,000 additional fire inspections par year within existing resources; one full-time position, in partnership with the school system, will be converted to a fire prevention/education officer who will be responsible for teaching children in grades K-5 how to be better fire safe in their homes; and rapid fire eupprassion which includes three elements: (I) how feet does the depa, b~ent respond to a fire, (2) how many people are employed to the fire scene, and (3) is the right equipment dispatched to the fire scene. Chief Grigsby explained that last year, the Fire Department engaged in I program to test its aerial ladder trucks and it was found that two of the aerial ladders failed the mt and had to be taken out of service. He stated that presently, four aerial ladders are in service, however, there are no reserve aerial ladders. Chief Grigsby advised that the request presently before Council calls for purchase of the quint firs engine which is a piece of equipment that combines the water pump, water tank, hose, ground ladder and aerial ladder into one piece of fire apparatus. He ateted that the quint is a better piece of firs apparatus and gives the depa,~.'~ent more capability to provide service to the citizens of Roanoke. He advised that a fire pumper, an aerial ladder and s quint all have the same engine, transmission, brakes, axles, cabs and chassis, thus they are made identically; additionally, the length, weight, width, and maneuverability on a regular aerial and a quint are the Same, and no problems ars anticipated with regard to maintenance. Chief Grigsby explained that the Fire Department Apparatus Subcommittee recommended the purchase of a tiller aerial which has ground ladders and an aerial ladder and has a driver in the front and a driver in the rear, and the equipment is good for use in the downtown area because it can maneuver in and out of tight comer&, but that particular typa of equipment is not necessary for areas where the 75- foot units would be used. He explained that life cycle cost on the tiller unit would be an additional $3.0 million in labor costs to the City, and the 75 foot unit for use in the residential areas is the best unit to purchase. Fire Captain Edward L. Crawford, 328 Brookspoint Road, Union Hall, Virginia, advised that the Fire AdministTition and Firefightere differ in their views as to the viability of the quint in the Roanoke City Fire/EMS Depa,~,,eflt. He stated that it was with a strong commitment 266 to fire safety that a committee wae formed by flreflghtere to investigate the effectiveness of the quint unit, and hundreds of manhoure were spent researching pros and cons. He advised that a leading authority in fire protection has etatad that it is not practical to expect one vehicle to provide all of the operational capabilitiss on the fire ground. (NFDA Handbook, 14th edition). He stated that manpower reductions and reorganization with the introduction of quints can be a dangerous purpose for both citizens and flreflghtere. He noted that quints have been tried, tasted and failed, and it is hoped that Roanoke will learn from the experiencae of other localities. He advised that fire fig h tere have numeroue concerns about the quints and the proposed plans of the Fire Administration and, for this reason, it is requested that serious consideration be given to the purchase because quints are not in the best interest of firefightere, citizens, or the business community. He stated that regardless of Council's decision, firefighters are professionals, and they will perform their job to the best of their ability with the equipment they are given to use. Joseph F. Nesh, 1202 Kems Avenue, S. W., advised that much confueion exista between Firefightare and the Fire Administration, therefore, there is confueion on the part of citizens. He sttatad that citizens have been told that Roanoke has more fireflghtere per capita than most arees in Virginia and in the United Steles, with Iow insurance rates, and a high safety record, and citizens would like to see that trend continue. He advised that the Fire Chief has stated that purchase of the quints does not necessarily mean cutbacks in staff or the closing of fire stations, but each time the quints are mentioned, discussion centers around cutbacks, closings, and relocation of fire stations. He added that he did not understand how response times could remain the same if fire stations are relocated and how the purchase of quints would resolve problems in the Fire Depa,;,,,ent. He stated that citizens are concerned about the purchase of the quints, there is insufficient information, and more citizens would have attended an evening session of Council to gain more information about overall plans for the Fire Depa~b~ent. Deena B. Willard, 4511 Westdale Road, N. W., expressed confusion as to when it would be advantageous to use a quint, and expressed concern with regard to consolidation of fire stations on Salem Turnpike and 24th Street in order to construct a new fire station in northwest City to house the proposed quint unit. She stated that at a neighborhood meeting, it was concluded that less .firefighting equipment housed at the new station than is currently available at the 267 two exisUng stations, and there would be Im manpower than currently exists st the Salem Turnpike end 24th Street fire sfa§ons. She celled sttsntion to the lent~;, of the quints, which are supposedly 39 feet curb to curb and pointed out that her neighborhood has narrow streets with soft shoulders, hard surface obstacles on comers and on the sides of the streets, therefore, the quint would not be able to maneuver the streets in order to reach the homes in s timely manner in the event of a fire emergency. She stated that residents do not believe that a quint with s 39-foot curb to curb length and 52,000 pounds will be able to provide the same level of fire safety that they have received in the pest. Marlin D. Jeffrey, 517 Rutherford Avenue, N. W., President, Local Branch, NAACP, advised that there are specific and significent issues that should be addressed, viz: the impact of this type of project on the entire issue of fire safety, and response times; over emphasis on serial cepacity fora truck that will be located in a residential area; what is the necessity to have a truck that can perform five functions, or does the City need more pumpers with appropriafa manpower to extinguish fires and rescue residents; and will consolidate fire functions and necessary equipment from two trucks into one compromise maneuverability and, eubeequentiy, response time. Mr. Jeffrey stated that there is a significant lack of communication and understanding, perticularly on the part of residents in respect to the entire issue, and citizens have not had sufficient opportunity to pose questions to the appropriate persons. He added that purchase of the quints, based on certain data and expert analysis, points to the fact that residents and homeowners would be at risk to the extent that there will be a decrease in manpower, s decrease in flexibility of service, an increase in response time, the project is directly linked to earlier plans to downsize the Fire Depe, l,,~ent by closing stations and cutting manpower, and the obvious disparity of the plan in terms of which fire stations will be closed end who will be impacted by the proposed changes, which could disproportionately impact minority and iow-income communities. On behalf of the Local Branch of the NAACP, Mr. Jeffrey recommended that Council not approve the purchase of the quints today because there are too many unanswered questions, and the community has not had adequate opportunity to explore the issue and its impact on the community. He suggested that the City provide 268 citizens with an independent analysis of the impact of the quints on response times end subsequently on property and lives, and e.p. prise the community of the Fire Department's proposed changes relative to fecilitle~. Captain Richard B. Sawer, 2890 Northview .D. rive, S. W., advised that several ears ego when the Routs 460 fire station wee op~ned, ..~e Y , pumper wes removed from Number One fire .s~tio. n a.n~: .the. Fire. Administration did not appear to be concernea met s lesser trUCK would be the first piece of equipment to arrive on the scene of a fire. He advised that lest wsek,· firs occurred in the t700 block of Melrose Avenue, N. W., at · standard two-story residential home and, at that ~. *~,- ~ommandina officer made the decision to use ladder two ~h"'l'~ ;~ 100-foot ti;;er truck, and at that particular fire, personnel used 80 feet* of the 100 foot ladder to reach a second-story dormer, end had flreflghtors been operating a 75 foot quint, the ladder length would have been too short to accomplish the task, thus, the same task would have been performed with ground ladders which would have re,.ir~d =dditional manpower, additional time, end slowed down the ?" ......7'on. He sta~ed that flrefightsrs are of the opinion that the entire opersti bottom line on purchasing the quint is a reduction of staff and urged that Council deny the purchase. Daniel G. Oekey, 3620 Brymoor Road, S. W., Vice President, Roanoke R..egional Cbem .be.. r of Commerc.e.,. appeared before Council in his capacity as a resident of the City of Roanoke and as a representative of the Roanoke Regional Chamber of Commerce and its t,700+ members. He advised that for approximately two years, the Chamber of Commerce end the City have worked jointly to identify those areas of government service that can be improved through efficiency and economy of scale and with the help of Chamber of Commerce volunteers, City depafb,ent managers are working to provide better s.e. rvice to the taxpayers at lees cost with a g. nal to do more with existing resources so that taxes and fees wall not be increased in the future. In the private sector, he stated that when systems are changed, there are certain groups of people who resist because they are uncomfortable with change. He further stated that the Chamber of Commerce has worked with Chief Grigsby and the Director of Public Safety over the past year, and the Chamber is excited about Chief Grigsby's ideas, not just regarding new firs trucks but because 269 ACTION: of his forward thinking and his plane to improve the City'e Fire Depa,~,,ent and Emergency Medical Sewices program, with the end result that the City will be served with more efliciency and reliable services that will lead to faster first response to Roanoke'e residenta and visitors. He encouraged Council to approve purchase of the two quint fire engines. Mr. Charles LaPrad, 1806 Clay Street, S. E., retired flrefighter, expressed concern with regard to providing the Hght piece of fire apparatus at the scene of a fire when the necesssry equipment could conceivably be in use at another fire/emergency location. Mr. David A. Dodson, 310 Thrush Dltve, N. W., expressed concern with regard to fading brakes and inquired about the eize of the brakes on the quint unit; whereupon, Chief Grigsby advised that the comments on fading brakes ware made by Captain Crawford, however, the fire apparatus which was specified by the City complies with the National Firs Protection Aesociation t901 standards, in addition, a tran~miesion retarder was added which is a state-of-the-art assisted braking mechanism, and the 75-foot units ars reported to work wall without any reported braking problems. Mr. Parrott moved that Ordinance No. 33301 be amended to delete the emergency clause. The amendment to the motion was seconded by Mr. Swain and adopted, Council Members Harris, Trout and Wyatt voting no. Ordinance No. 33301, on its first reading, as amended, was adopted by the following vote: AYES: Council Members Parro~ Swain, White and Mayor Bowara ~1. NAYS: Council Members Harris, Trout and Vice- Mayor Wyatt 3. Mr. White offered the following resolution: (~33302-031797) A RESOLUTION accepting the bids of Kovatch Mobile Equipment Corp. for the purchase of fire apparatus, upon certain terms and conditions; and rejecting all other bids made for such item. (For full text of Resolution, see Resolution Book No. 59, page 355.) 270 ACTION: M.r. White moved the adoption of Resolution No. 33302-0317.97. The motion was seconded by Mr. Swain and adopted by the following Council Members Parrott, Swain, White and 4. Council Members Harris, Trout and Vice- 3. vote: AYES: Mayor Bowers NAYS: Mayor Wyatt At 3:40 p.m., the Mayor declared the meeting in recess. At 3:50 p.m., the me.e. ting reconvened in the Council Chain.be.r, with Mayor Bowers presiding, and all Members of the Council m attendance. BUDGET.HOUSiNG/AUTHORIIY4N. D. USTRIES'GRANTS: The City Mana.g. er submi .t?d a written report advmlng that each year, the City eubmlte a Consolidated Annual Plan. to the U. S. Deper?ent of Housing Urban Development (HUD} m order to receive Community a~n_.d._,_._,,,, Rlock Grant and HOME entitlements; the Annual Pla,n d~s'~b~'~'t~; i-ndividual programe, and projects to be conducted wire funds awarded to the City; Council must approve amendments to the Annual Plan to add, delete or fundamentally alter planned programs or projects; and, in addition, the public must be provided with a minimum of 30 days to review and comment on the amendment before a change can be implemented. It was further advised that Dssnwood Industrial Park is located ~lU_,,:., =,,,a N. E. and is being developed by the Roano.k.e ~v~;'o'~'me"n"t'e.'~id Hou;ing Authority with the assistance of the City of Roanoke; five industrial sites ars located in the Dssnwood Industrial Park, two sites have been developed and the ren?ning three sites ara under contract by businesses that ara relocating to the.. Pa. rk; a.nd program income of $225,000.00 will be returned to the City ~rom me sale of land to the three new businesses. It was explained that public infrastructure improvements, such as a sewer extension and storm water management system, am needed in order to complete the sale and development of the three remaining parcels, at an estimated cost of $t70,000~.00; Dea.nwood Account No. 035-095-9530-5020 has $46,671.00 in available existing funds; an 271 ACTION: additional $123,329.00 needs to be transferred from Community Development Block Grant Unprogrammed Account No. 035-095-9540- 5189 to provide total funds needed of $170,000.00; and in order to implement the project, Council ia requested to authorize amendments to the Annual Plan and t~ansfer funda from CDBG Unprogrammed account to Deanwood. The City Manager recommended that Council concur in the following actions: Authorize the City Manager to amend the 1996-97 Annual Plan to increase the funding amount for the Deanwood Industrial Park by $t23,329.00, and submit the appropriate amendment to the Annual Plan to the U. S. Depa,;,,,ent of Housing and Urban Development following the 30-day public review and comment period, if no substantive adverse public comments are received. Transfer $123,329.00 from Community Development Block Grant Unprogrammed Account No. 035-095-9540-9189 to Deanwood Industrial Park Account No. 035-0959530-5020. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33303-031797) AN ORDINANCE to amend and reordain certain sections of the t996-97 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 356.) Mr. Trout moved the adoption of Ordinance No. 33303-031797. The motion was seconded by Mr. Harris and adopted by the following vota: AYES: Council Members Harris, Parrott, Swain, Trout, Wl~ita, Wyatt and Mayor Bowers 7. NAYS: None 0. 272 ACTION: Mr. Trout offered the following resolution: (#333044)3t 797) A RESOLUTION authorizing the City Manager to amend the Annual Update of the Entitlement Consolidated Plan for FY 1996-97 and submit said amendment to the United Stete~ Depafl,~ent 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 357.) Mr. Trout moved the adoption of Resolution No. 33304031797. 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: Nono Om BUDGET-TRAFFIC-CAPITAL IMPROVEMENTS PROGRAM- SCHOOLS-STREETS AND ALLEYS: The City Manager submitted a written report advising that traffic signalization at the intersection of Colonial Avenue and McNeil Drive, S. W., has been requested by Virginia Western Community College for many years; traffic studies conducted since the 1970's have repaatedly indicate! that the wan-,mte (criteria) used to justify an intersection for signalization were not met; on November 8, 1995, another traffic study was conducted which, for the firet time, met a warrant for traffic signalization; and due to the high volume of pedestrian crossings at the intersection, the intersection achieved a ranking of No. 4 on the City's traffic signal priority list. It was further advised that funding for pending signalization projects is available to install new signals at the City's top two priority intersections (Main Strest~EIm Avenue/Ferdinand Avenue, S. W., and Hershberger Road/Westeida Boulevard, N. W.); Virginia Western Community College has committed to providing up to $t00,000.00 for installation of the Colonial Avenue/McNeil Drive, S. W., intersection, which amount is expected to cover the cost to design and construct the traffic signal, including an interconnect feature with the t~affic signal at Colonial Avenue and Overland Road, S. W., a distance of 1,000 feet to the north which will enable better coordination and t~affic flow through the two intersections; and an engineering agreement with Mattem & 273 ACTION: Craig, Inc., in the original amount of $52,000.00, for the two interaectione can be amended in the amount of $t0,000.00 for design services to de..v, elop plans for the new aignal, which can be accomplished without delaying ongoing aignsl design for the other two intaraectiona. The City Manager recommended that Council concur in the following actions: Authorize the City Manager to enter into an agreement with Virginia Westem Community College, in a form to be approved by the City Attorney, by which the City would accept Virginia Weetem'e offer of up to $100,000.00 for expenses that the City will incur for signalization of the Colonial Avenue/McNeil Drive, S. W., intereection; and Authorize the Director of Finance to appropriate $100,000.00 to Account No. 008-052-9561-9007, Traffic Signsis - Installation of New Signals, and establish an accounts receivable of $100,000.00. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#33305-03179?) AN ORDINANCE to amend and raordain 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 358.) Mr. Swain moved the adoption of Ordinance No. 33305-031797. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, INhita, Wyatt and Mayor Bowers 7. NAYS: Nono 0. 274 ACTION: Mr. Swain offered the following resolution: (#33306-031797) A RESOLUTION authorizing an agreement between the City and Virginia Western Community College relating to the signalization of the intersection of Colonial Avenue, S. W., and McNeil Drive, S. W. (For full text of Resolution, see Resolution Book No. 59, page 359.) Mr. Swain moved the adoption of Resolution No. 333064)31797. 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 Member White inquired as to the amount of the annual appropriation by the City to Virginia Western Community College; whereupon, the City Manager advised that the information will be provided. CHURCHES-STREETS AND ALLEYS: The City Manager submitted a written report advising that Council adopted Resolution No. 30254-100190, on October 1, 1990, approving the location and design of the Second StrestJGainsboro Road project; acquisition of properties necessary and essential to location and design of the Second Street/ Gainsboro Road right-of-way have now boca completed; construction and realignment of the new Second Strest/Gainsboro Road right-of-way through the properties will be composed of residue land parcels and land formerly located within the existing street rights-of-way; and early in the project design process, First Baptist Church on North Jefferson Street expressed an interest in acquiring certain residual parcels of land between the Church property and the boundary of the new roadway. It was explained that on May 6, 1996, Council was advised of the desire of Trustees of First Baptist Church to acquire certain of the residual parcels; right-of-way of a portion of First Street, N. W., abuts the property of First Baptist Church; realignment and construction of the new Second Strest/Gainsboro Road has now rendered this section 275 ACTION: of First Street Hght-of-way as obsolete and useless; closure and permanent vacation of this former street section will revert the land within the street right-of-way to the statue of real estate; and First Street right-of-way needs to be closed and vacated in order for the church to acquire the residual parcels as real nstete. The City Manager recommended that he be authorized to file an application to vacate, discontinue and close the abovedescribed section of First Street, N. W. (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. Harris and unanimously adopted. Council Member White inquired as to whether the Board of Trustsss of First Baptist Church has concurred in the recommendation to vacate and close the property; whereupon, the Director of Public Works advised that a communication from the Board of Trustees will be provided to Council with a future report of the City Planning Commission. SEWERS AND STORM DRAINS-WATER RESOURCES: The City Manager submitted a written report advising that the Roanoke River Intercepter Sewer Replacement Project is part of the renovation and expansion of joint use facilities considered by Council at its meeting on December 13, 1993; funds in the amount of $15.7 million were approved by Council on December 13, 1993, to support the City's share of the $41.5 million project, which funds were from the proceeds of a general obligation bond issue; the Roanoke River Interceptor Sewer Replacement Project replaces the existing interceptor sewer from the Water Pollution Control Plant to the Salem City limits; and a design services contract wes awarded to Black & Vestch on October 10, 1994, in the amount of $1,595,000.00, to design the Roanoke River Interceptor Sewer. It was further advised that Federal and State permitting authorities have requested that additional studies be performed as a prerequisite to permit issuance, which studies include the following: 276 ACTION: The Roanoke Logperch is s sm~ll fish present in the Roanoke River that has been identified as an endangered species. The City was requested to perform a pre- construction survey of the Roanoke Logperch to identify their numbere and potential impact due to construction. The cost of the study is $25,742.00. The Ospsrtmsnt of Historic Resources identified Smith Park as an ares having significant prehistoric archeologicel sites. The project consultant had a Phase I and Phase II Archeologicel Investigation performed in the proposed sewer alignment- The cost of the study is $28,893.00. It was noted that additional geotechnicel investigations were determined to be necessary to identJfy soil conditions and depth to bedrock in the proposed trench excavations; the initial design services contract addressed this item with a $20,000.00 allowance, actual cost of the work totalled $38,600.00, an increase of $18,600.00; and a contract amendment has been requested by Black & Veetch for the extra work since the abovedescribed tasks were in addition to their work scope, i The City Manager recommended that he be authorized to execute a contract amendment, in a form to be approved by the City Attomey, with Black & Veetch, in the amount of $73,235.00. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (~333074)3t797) A RESOLUTION providing for an amendment to the contract between the City of Roanoke and Black & Veetch to increase the contract amount for the Roanoke River Interceptor Sewer Replacement contract by $73,235.00, from $1,595,000.00 to $1,666,235.00, for. the eddit~onal studies and work required by Federal and State permitting authoritios. (For full text of Resolution, see Resolution Book No. 59, page 360.) Mr. Trout moved the adoption of Resolution No. 333074)31797. The motion was seconded by Ms. Wyatt and adopted by the following vote: 277 AYES: Council Members Harris, Perrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. As City projects move forward, Council Member Swain inquired if there are existing controls to monitor whether minorities and women are given equal opportunities. In those instances where there are successes regarding employment of minoritiss/women on City-related projects, Council Member White requested that the City Administration communicate the appropriate information to Council. Vice-Mayor Wyatt inquired as to whether the City has a tracking system for monitoring employment of minority/women-owned businesses aa subcontractors. The City Manager advised that a report will be provided to Council regarding the above inquiriss/requssts for information. COMMITTEES-FIFTH PLANNING DISTR. ICT COMMISSION- i GREE. NWAY The City Manager subm,tted a written report SYSTEM: advis,ng that the existing Roanoke Valley Greenways Steering Committee, with representatives appointed by each of the four Roanoke Valley govemments, was established in February 1995, for a period of one year; and representatives of the Grssnways Steering Committee appeared before Council on February 3, 1997, to recommend an Intergovernmental Agreement establishing a peh~anent Roanoke Valley Grasnway Commission, whose purpose would be to promote and facilitate coordinated direction and guidance in the planning, development and maintenance of a system of grasnwaya throughout the Roanoke Valley. The City Manager recommended that the Mayor be authorized to execute the Intergovernmental Agreement establishing the Roanoke Valley Grasnwaye Commission on behalf of the City of Roanoke. (For full text, see report on file in the City Clerk's Office.) 278 ACTION: Mr. Harris offered the following emergency ordinance: (~33308-031797) AN ORDINANCE authorizing an Intergovemmental Agreement establishing the Roanoke Valley Gresnway Commission between the City of Roanoke, City of Salem, County of Roanoke and Town of Vinton; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 361.) Mr. Harris moved the adoption of Ordinance No. 333084)31797. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, Wl~ita, Wyatt and Mayor Bowers 7. NAYS: Nono 0. BUDGET-PURCHASE/SALE OF PROPERTY-CITY PROPERTY- INDUSTRIESq~APITAL IMPROVEMENTS PROGRAM-ECONOMIC DEVELOPMENT-ST?EETS AND ALLEYS: The City .Manager submitted a written report adv,sing that Innotech is the leader In the development, manufacture and sale of lens casting fabrication systems; Innotech began in Roanoke ten years ago as an ides; and in ten years, Innotech has gone from idea to commercial production to Nasdaq Public Company and soon to be a division of Johnson and Johnson, the world's largest and most comprehensive manufacturer of health care products. It was further advised that Innotach has outgrown its current facility at 5568 Airport Road and needs to immediately double the size of its plant from 30,000 sq. fL to 60,000 sq. fL; Geoffrey M. Ottaway, owner and developer of Innotech's current facility, has agreed to construct the 30,000 sq. fL addition and lease the property to Innotech for a period of tan years, at a cost of $1.4 million; Innotech anticipates the need to purchase $600,000.00 in new equipment to meet growth demands; and current sinkholes on the property located at 5568 Airport Road and lack of a storm water management system will not allow the expansion to occur. 279 It was explained that lack of a comprehensive storm water management system will prevent future development of Russell Transfer property, Coulter property, City-owned property, Avis Rent-A- Car properbj, and other cont]guoos tracts in the area; $400,000.00 is the estimated cost of the storm water management system; A & M Enterprises EEC., of which Geoffrey M. Otteway is a member, has agreed to purchase 8.6665 acres of City property located at the rear por~on of property currently identified aa Official Tax No. 6640105 for $40,000.00 per acre, totalling $346,660.00, for future industrial development purposes, which prcparty is adjacent to the property owned by Mr. Ottaway and is currently leased to Innotech. The City Manager advised that Geoffrey M. Ottaway and A & M Enterprises has agreed to pay $50,000.00, or t4 per cent, whichever is less, toward the storm water management system; a credit toward the $50,000.00 will be allowed for improvements on the property owned by Mr. Ottaway and the property to be acquired by A & M, which are incurred to provide temporary storm water management to the property owned by Mr. Otteway and the parcel to be purchased by A & M; and Innotech has requested that the City construct a new public road off Municipal Road to provide for its needs as wall as for other property in the area, i.e., Budget Rent-A-Car and the approximately nine acres being sold to A & M Enterprises, at a projected cost of $265,000.00. The City Manager recommended that Council concur in the following actions: Authorize the City Manager or his designee to proceed with due diligence necessary for construct]on of the road. Projected cost of road, including due diligence, totals $265,000.00. Authorize the City Manager or his designee to proceed with due diligence necessary for construction of a comprehensive storm water management system to serve the property at 5568 Airport Road, aa well as other undeveloped propart]ss in the storm water drainage basin. Projected cost, including due diligence, totals $400,000.00. Authorize sale of 8.6665 acres of land currently owned by the City to A & M Enterprises for $346,660.00. 280 ACTION: Authorize transfer of $318,340.00 from Undesignated Capital funds and appropriate $346,660.00 land sale proceeds to a new Capital Projects Fund account entitled, "lnnotech Expansion". Establish an accounts receivable for the land sale proceeds of $346,660.00. Comprehensive storm water management system New public street off of Municipal Road $400,000.00 $665.000.00 Authorize any payment by A & M Enterprises toward storm water management of $50,000.00 to be recorded as revenue when received and available for appropriation at that time. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33309-03t797) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Capital Projects Fund AppropriaUone, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 362.) Mr. Trout moved the adoption of Ordinance No. 333094)31797. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Swain, Trout, White, Wyatt and Mayor Bowers 6. NAYS: None 0. (Council Member Parrott abstained from voting.) Mr. Trout offered the following emergency ordinance: (#333104)31797) AN ORDINANCE authorizing the sale of 8.6665 acres of City-owned land to A & M Enterprises, L.L.C., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 59, page 363.) 281 ACTION: Mr. Trout moved the adoption of Ordinance No. 33310-031797. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Swain, Trout, Wl~ita, Wyatt and Mayor Bowers ~. NAYS: Nono ..... 0. (Council Member Psrrott abstained from voting.) HEALTH DEPARTMENT-HUMAN DEVELOPMENT: The City Manager submitted a written report advising that the local commitment statement included in Health Laws of Viminis. Chapter t, Article 5, Paragraph 32.1-31, "Operation of local health depa,;,,,ent under contract with Board; district health departments," states (in part): A governing body of a city may enter into a contract with the Board for the operation of the local health department in such city. The contract between the City and the Board shall specify the services to be provided in addition to the services required by law and shall contain other provisions ss the Board and the governing body may agree upon. It was further advised that the contract establishes that legal defense with respect to services performed pursuant to local ordinance, enabling legislation set out in Title 15.1, Code of Virginia (1950), as amended, and other services set out in Attachment A(2) of the contract will be provided by the City Attorney, which requirement will continue to impose an additional burden on the City Attorney's Office; a contract between the Commonwealth of Virginia and the City of Roanoke is necessary for proper billing to localities for health and environmental services; and the 1996-97 Health Deparbnent budget is based on approved funding, as follows: State Local Match $1,278,300.00 $ 940,060.00 The City Manager recommended that he or his designee be authorized to execute a contract, in a form to be approved by the City Attomey, with the State Health Department as provided for in the Health Laws of Virginia. (For full text, see report on file in the City Clerk's Office.) 282 ACTION: Mr. Trout offered the following resolu'don: (~3331 t-031797) 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 terms and conditions. (For full text of Resolution, see Resolution Book No. 59, page 364.) Mr. Trout moved the adoption of Resolution No. 33311-031797. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, Wltite, Wyatt and Mayor Bowers 7. NAYS: None De DIRECTOR OF FINANCE: BUDGET-DIRECTOR OF FINANCE-CITY EMPLOYEES-PENSIONS: The Director of Finance and the City Manager submitted a joint written report advising that in April 1996, the City of Roanoke Pension Plan Board of Trustees approved certain actuarial assumptions which reduced the employer contribution rate to the Pension Plan; on May 6, 1996, Council approved certain benefit enhancements to the Pension Plan and referred a request to the City Manager and the Director of Finance regarding an employer match to the City's 457 Deferred Compensation Program; and the suggestion was made that the savings from the employer contribution rate be designated for that purpose inasmuch as these funds would have been targeted for retirement benefits for City employees. It was further advised that the City's Deferred Compensation Program began in July 1981; deferred compensation is an IRS approved method for deferring Federal and State income taxes on savings until retirement; as of February 28, 1997, 628 employees (32 per cent) participate in the program; per the International City/County Managers' Association-Retirement Corporation (ICMA-R), the City of Roanoke has the lowest employee participation rata in the Commonwealth of Virginia; in July 1996, the City of Newport News addressed Iow employee participation and devised a program to match 283 ACTION: up to $20.00 par month for eligible employee~ participating in the program, which was a success, with 61 par cent of Newport News employees now participating; and advantages for an employer match for all eligible employees include the following: increases productivity and improves morale; aesista in recruiting and retaining valued employees; supports transition ~rom patamalistic environment to one of empowe,,,,ent; and provides employees an incentive to take responsibility for saving for future retirement The Director of Finance and the City Manager requested that the matter be referred to 1997-98 fiscal year budget study for consideration along with other compensation issues. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the report be referred to 1997-98 budget study. The motion was seconded by Mr. Harris and unanimously adopted. Vice-Mayor Wyatt expressed concem with regard to the issue of equity, and requested that statis~ca be provided on the number of City employees within the various salary ranges who have elected to participate in the 457 Deferred Compensation Program. Captain Richard B. Sawer, 2840 Northview Drive, S. W., advised that the Roanoke Firafightara Association presented the recommendation to Council approximately one year ago, they continue to aupport the recommendation, and urged that Council concur in the recommendation of the City of Manager and Directur of Finance. He added that it is hoped this fringe bensfit will be in addition to any other increases that City employees receive in the t997-98 and not in lieu of. TAXES-BILLINGS AND COLLECTIONS-DIVISION OF MOTOR VEHICLES: The Director of Finance submitted a written report advising that the Office of Billings and Collections is working to enhance its collection efforts for paraonal property taxes and would like to enter info a contract with the Division of Motor Vehicles (DMV) to participate 284 ACTION: in its Vehicle Registration Withholding Program, which would allow the City to notify the DMV via on4ine transmission when a citizen fails to pay personal property taxes over $100.00 per vehicle; and a fee has be. on established by the DMV of $20.00 per vehicle payable by the delinquent taxpayer. It was further advised that the program will enable the City to withhold vehicle registration or renewal until taxes are paid in full; the Office of Billings and Collections will have the responsibility to notify the vehicle owner(s) at least 30 days prior to expiration of the registration; if the owner(s) fails to respond to the notice, a request can be submitted to the DIdV to place a "stop" on the issuance or renewal of the vehicle registration which will halt the registration process and registration cards and license tag decals will not be issued; and the "stop" will be removed from the vehicle record when notification is sent to the DMV that tm(ss have bccn paid or when the owner(s) presents a valid paid receipt issued by the Treasurer or other documentation issued by the Commissioner of the Revenue. The Director of Finance recommended that Council approve a contract with the Division of Motor Vehicles for the Vehicle Registration Withholding Program. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (~t333t2-03t797) A RESOLUTION authorizing the Director of Finance to entor into an agreement with the Commonwealth of Virginia Division of Motor Vehicles ("DMV"), for implementation of the Vehicle Registration W'Khholding Program ('~/RW'), pursuant to ~46.2-752(J) of the Code of Virginia (1950), as amended, subject to certain terms and conditions. (For full text of Resolution, see Resolution Book No. 59, page 365.) Mr. Harris moved the adoption of Resolution No. 33312-031797. The motion was seconded by Mr. Swain and adopted by the following vote: 285 AYES: Council Membem Harris, Parrott, Swain, Trout, White, II Wy,tt and Mayor Bowers 7. NAYS: Nono 0. BUDGET-HOUSING/AUTHORITY-GRANTS: The Director of Finance submitted a written report advising that pursuant to an agreement with the City of Roanoke, the Roanoke Redevelopment and Housing Authority administers a large eegment of the City's Community Development Block Grant Program; the Housing Authority receives program income during the course of administration of various projects by renting properties and by .receiving .Ioa. n repayments from project area residents; the Hous;ng Authority ~e required to transfer program income to the City of Roanoke, and the City is required to use the income for community development activities; the Housing Authority has made peymente to the City, in the amount of $39,423.00, from February 1, 1996 through February 28, t997, for program income in excess of income previously appropriated; program income is primarily received from loan repayments and sale of land; and the City has received the following miscellaneous program income: I $108,350.00 from Hotel Roanoke, EEC., for loan repayment of the $6.0 million Section t08 loan; and $256.00 in other program income relating to other loan repayments. The Director of Finance recommended that Council appropriate $148,029.00 in program income, as follows: $39,423.00 to Account No. Unprogrammed CDBG - RRHA; 035-095-9540-5197, $256.00 to Account No. 035-095-9540-5189, Unprogrammed CDBG - Other; and $108,350.00 to Account No. 035-097-9730-5135, Hotel Roanoke, Section 108 Interest. (For full text, see report on file in the City Clerk's Office.) :286 ACTION: Mr. Trout offered the following emergency budget ordinance: (~/33313-031797) 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 365.) Mr. Trout moved the adoption o.f Ordinance No. 33313-031797. The motion was seconded by Mr. Swa,n and adopted by the following vote: AYES: Council Membere Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None. 0. REPORTS OF COMMITTEES: CITY PROPERTY-LANDMARKS/HIST. PRESERVATION- DECEASED PERSONS-STREETS AND ALLEYS-WATER RESOURCES: Vice-Mayor Lind. a F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to the McClanahan Cemetery. It was explained that on April 15,.t996, the Honorable Jack B. Coulter, reti ./.~.d. Judge of the 23rd Judicial Circuit Co. urt, appeared before Counc,I and requested that the City take ownerah,p, restore and maintain the McClanahan Grave Sit, and relocate ,k .... : ~.=~.~u,e ,oca.o.n. WhiCh would be maintained by the City. A repo~ racommendlng t!l. at the City donate space in the C~tv-owned ~emet~...ry at Coyner Spnngs was coneidered by the Water R~'sourna= ~omm,t~ee on August 19, 1996, at which ,me Judge Coulter and ~'~1~'~ raprssentativee of the Ad Hoc Committee opposed the recommendation and reque.s._ted that the C. ity.clean u.p. the grave site, restore the site to good condition, and ma,nta,n the s,te in the future. The Water Resources Committee recommended the following: Council express its thanks to the McClanahan Ad Hoc Committee and the historical organizations represented for their continued intareat in the McClanaben Cemetery. 287 Given the opinion of the City Attomey, the City should not consider the McCisnahan Cemetery property to be City property. The City agree to provide space at the City-owned Coyner Springs property for relocation of the remains of any disintarred person should some other person or organization other than the City wish to undertake the task of relocating the remains. The City will replace or facilitate the replacement of the historical marker along the right-of-way of 24th Street, N.W. The City will participate in an additional cleen-up and vegetation cuing in the spring, if needed, without incurring any indication of adverse possession. The City will attempt to facilitate, with the McClanahan Ad Hoc Committ~ and other intaresl~i historical organizations, a more permanent solution. (For full taxt, see report and supporting documentation on file in the City Clerk's Office.) M~. Wyatt moved that Council concur in the recommendation of the Water Resources Committee. The motion was seconded by Mr. Trout. Paul M. Frantz, representing the Sons of the American Revolution, advised that small communities do more to remember people of the past who have made outstanding contributions; the City of Roanoke has failed to recognize the importance of the Battle of Point Pleasant and the men who fought in that battle; and it is frequently forgotten that Andrew Lewis was more than the name of a school and that William Fisming means more to the Roanoke Valley than the name of a high school. He stated that if Roanoke is a prideful city, Council will do something to move the McCisnahan grave site project forward. Jack B. Coulter, representing the Sons of the American Revolution, the Daughters of the American Revolution, the Roanoke Valley Historical Society, and the Roanoke Valley Historic Foundation, expressed disappointment if the Water Resources Committee's 288 recommendation is adopted because local historians will have failed in kindling enough appreciation for Rosnoke'a historical past to have generated meaningful and permanent results, and without the City's permanent involvement and sponsorship, the project will most likely dis. He stated that the request relates to an old cemetery, but also addresses the need to seek appropriate recognition and preservation of Roanoke's past and the perpetuation of its local histerv th=t predates the Civil War but goes back to the Wa- --' ,--'~-'-'-; ..... '-'? - ~'~ ,-u~ia~rlQence. added that no other so called private cemeteries identifl,~d ,m,,,,,, 27 listed in the City Administration's report can make of th,.l , i!s ..d., only ,v, rapr. ent a seriou, thre:t of as note(I in me staff report, and of the five rema,ning cemeteries, one shows no grave sites on the property and the other is currently in litigation to determine ownership. Mr. Coulter advised that the two known graves included on the McClanahan grave site are Elijah McCisnshan who owned most of what is now ~e City of Roanoke and was the grandson of a leading patriot in the Civil War, and Agatha Lewis McClanahan, wife of Elijah and granddaughter of the. Valley's re.est famous revolutionary war hero, .G. en..e, ral .Andm. w L. eWlS. He ex. pla,n? that in the deed of 1825, Elijah mc~,~.ananan clearly reserved legal title to the cemetery which lega!ly ramalns the property of his descendants, and the McClanahan heirs own the property, and no private citizen, organization, or known gtho_vemme.ntal en.tity h.se the authority or tho right to do anything with · cemetery absent cou~ ap.p. roval, other than the legio, n of McClan. shana wi? cannot be identified or located. He stated that it has never peen contended that the Cih, owned the ..... -'- -- - · · .:., ....... '~ p.vl~fri, y or nas legal ,,e, out It. rta.s I:~cn contend, ed that the City has the right and the standing, In view of. the obvious abandonment of.the property, to preserve and mainteln the cemetery aa a historical site. Judge Coulter advised that historic preservation ia a function of and n.o...d the City a ready mai,tains th, lot ,pon Icn me at.one o; me uough Boy of World War I stands at Fou. rth Street and King George Avenue, the stone over Wasens .Park marking the boundary of the lands of James Alexander as deeded in t771, and the monument memorializing an Indian Trail at Ferdinand Avenue and iR~_iverai.de Drive, therefore, there is substantial Draced~nt whl,-~ k.. cn relnfomed by Council's _recent.vision statem~n!,v~h-i~'be"~;~' ~i~f~ the commitment to show appreciation for Roanoke s past. He stated that ~e City does not own the property, but nonetheless Ci ' · under the ty a Inherant powers, it could go upon the land without permission of 289 the legal owner(s) for clean up purlxmes which was done in 1990 by declaring the property, by official document, to be a public nuisance; and Paragraph 29 of A~cle 2 of the City Charter gives the City the power and the duty to regulate the burial and dispose of the dead. Mr. Coulter stated that the City's offer to provide space for these City foundera to be relocated to the Coyner Springs Cemetery in Botetourt County is undignified and demonstrates insensitivity to the historical component of the request, especially when the proposal is conditioned upon some peraon or organization, other than the City, undertaking the task of relocating the ramaios, which could only be accomplished with court approval following a complicated, technical, and expensive law suit. Mr. Coulter called attention to the offer of a local boy scout, Caleb Rossi, who volunteered to aesume the clean-up project in pursuance of his quest for an Eagle Scout ranking, to which offer the City Manager replied that neither he or the City had the legal standing or authority to grant such permission, and requested that the offer from Mr. Rossi be made a part of the City's record. He advised that the project can be accomplished roalisfically on a permanent basis with the City's involvement; and if Council accepts the recommendation of the Water Resources Committee to reject the counter proposal, as further negotiation might modify, the likelihood of a more permanent solution is remote. He requested that land records be corrected to reflect that the McClanahan heirs own the land and not the Herren Estate. The m..otion offered by Ms. Wyatt. to concur in the recommendation of the Water Resources Committee, seconded by Mr. Trout, was unanimously adopted. The Mayor presented Mr. Coulter with a mounted spike which was uncovered at the McClanahan grave site when volunteers cleared the area on November 16, 1996. The following inscription was engraved on the plaque: "Presented to Jack B. Coulter for his leadership and efforts in reclaiming the McClanahan grave site on November 16, 1996." 29O ACTION: AUDITS/FINANCIAL REPORTS-COUNCIL-COMMITTEES-AUDIT COMMITTEE: Council Member William White, Sr., Chairperson, Audit Committee, presented a written report on behalf of the Committee, advising that in accordance with a resolution adopted by Council on June 6, 1997, the Audit Committee has obtained and evaluated proposals for audits of the City of Roanoke financial records for the years ending June 30, 1997 through June 30, 2000, which proposals were evaluated using uniform criteria sstebliehed prior to requesting the proposals; whereupon, the Audit Committee recommended that Council approve the engagement of KPMG Peat Manvick LLP to perform audits of City of Roanoke financial records for the years ending June 30, 1997 through June 30, 2000. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (f~33314-031797) A RESOLUTION authorizing the City Manager to enter into an agreement with KPMG Peat Marwick LLP for the performance of annual audits of the financial records and accounts of the City for each of the Fiscal Years ending June 30, t997, 1998, 1999 and 2000, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 59, page 367.) -' Mr. White moved the adoption of Resolution No. 33314-031797. 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: Nono 0. BUDGET-CAPITAL IMPROVEMENTS PROGRAM-SIDEWALK/ CURB AND GUTTER-STREETS AND ALLEYS: 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 new concrete sidewalks, entrances and curb - Phase II project, which improvements are fo be constructed throughout the City as part of the t996 Bond Issue; whereupon, the Bid Committee recommended that Council approve the following actions: , j 291 ACTION: Authorize the City Manager to execute a unit price contract with H. & S. Construction Co., in the amount of $557,750.00, and authorize a project contingency of $50,000.00. Transfer $507,750.00 from Public Improvement Bonds - Series 1996 Streets and Sidewalks, Account No. 008-052- 9701-9t91, to a new account to be established by the Director of Finance in the Capital Projects Fund entitled, "Sidewalk and Curbs Phase I1". Appropriate $100,000.50 from the Capital Maintenance and Equipment Replacement Program to Sidewalk and Curbs Phase II Account. Reject the other bid received by the City. The City Manager submitted a written report concurring in the recommendation of the committee. (For furl text, see raporte on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~33315-031797) AN ORDINANCE to amend and roordain 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 368.) Mr. Parrott moved the adoption of Ordinance No. 33315-031797. 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: Non: O. 292 ACTION: Mr. Parrott offered the foltowing emergency ordinance: (#333164)31797) AN ORDINANCE accepting the bid of H. & S. Construction Co., for the construction of new concrete sidewalks, entrances, and curb and gutter improvements throughout the City, upon certain terms end conditi.ons, and awarding a c?n..tract th. ,re.f.or; authorizing the proper City offic,als to execute the requis;te contract Tor 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 369.) Mr. Parrott moved the adoption of Ordinance No. 333164)31797. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyattand Mayor Bowers 7. NAYS: None ,,0. The Mayor suggested that the abovedeecribed sidewalks, entrances and curb improvements be listed on the "City Page" in The UNFINISHED BUSINESS: None. iNTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SEWERS AND STORM DRAINS-EASEMENTS-CITY PROPERTY: Ordinance No. 33298 donating and conveying to Botetourt County a new 30 foot wide permanent sanitary sewer easement and a 15 foot wide temporary construction easement across the City's Tinker Creek Tunnel Intake property, in order to extend a sewer line to the Botetourt Center at Greenfield in Botetourt County, upon certain terms and conditions, and as more particularly set forth in a report of the Water Resources Committee dated March 3, t997, having previously been before the Council for its first reading on Monday, March 3, 1997, 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: 293 ACTION: ACTION: (#33298-031797) AN ORDINANCE authorizing the donation and conveyance of certain easements across City-owned property to Botstourt County in order to extend a sewer line to the Bototourt Center at Greenfield in Botetourt County, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 59, page 353.) Mr. Trout moved the adoption of Ordinance No. 33298-031797. 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. OATHS OF OFFICE.COMMII'rEES-INDUSTRIES: Mr. Swain offered the following 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: (#33317-031797) 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 370.) Mr. Swain moved the adoption of Resolution No. 33317-031797. 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. COUNCIL-INDUSTRIES: Mr. Harris offered the following resolution reecheduling the time and place of commencement of the regular meeting of City Council from 12:30 p.m., Monday, April 7, 1997, to 12:00 noon, Monday, April 7, 1997, in the lobby of the Vitramon plant at 3435 Chip Drive, N. 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.: 294 , ACTION: ACTION: (fj33318-031797) 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 7, 1997. (For full text of Resolution, see Resolution Book No. 59, page 371.) Mr. Harris moved the adoption of Resolution No. 33318-031797. The motion wes seconded by Mr. Swein and 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: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: BUDGET-ACTS OF ACKNOWLEDGEMENT-COUNCIL-CITY EMPLOYEES: Council Member White commended the City Administration on m-engineering efforts over the past two years to improve efficiency and effectiveness in the delivery of City services. Vice-Mayor Wyatt advised that the City of Roanoke is a ssrvice- oriented delivery system, which depends on its employees to deliver services, and budget cute can be made to the point where the organization becomes ineffective end unproductive. HEARING OF CITIZENS UP PUBLIC MATTERS: CITY CODE-ANIMALS/INSECTS.COMPLAINTS: Ms. Patricia Earls, 717 Mississippi Avenue, N. E., requested that the City Cede be amended to allow Vietnamese pot-bellied pigs in the City of Roanoke. Mr. White moved that the matter be referred to the City Manager for study, report and recommendation to Council. The motion wes seconded by Mr. Swain and unanimously adopted. At 5:10 p.m., the Mayor declared the meeting in recess. 295 ACTION: ACTION: ACTION: At 5:25 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 Sea, ion 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 Informafion Act; end (2) only such public business matters as were identified in any motion by which any Executive Session waa 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 Hattie, Parrott, Swain, Trout, White, Wyatiand Mayor Bowers 7. NAYS: None 0. COMMITTEES4NDUSTRIES: A communication from Samuel H. McGhee, III, tendering his resignation as a Director of the Industrial Development Authority, 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. Swain and unanimously adopted. OATHS OF OFFICE-COMMITTEES4NDUSTRIES: Mr. Trout offered the following resolution appointing Sydnor W. Brizendine, Jr., as a Director of the Industrial Development Authority of the City of Roanoke, to fill the unexpired term of Samuel H. McGhee, III, resigned, ending October 20, 2000: (~33319-03t797) 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 Directore. (For full text of Resolution, see Resolution Book No. 59, page 372.) Mr. Trout moved the adoption of Resolution No. 33319-031797. The motion was seconded by Mr. Swain and adopted by the following vote: 296 ACTION: ACTION: AYES: Council Membere Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers ..... 7. NAYS: Non: O. OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORiTY: The Mayor advised that ~e terms of office of The .Reverend Charles .T.. Green and G. David N;xon as members of the Fa;r Housing Board w~ll expire .on March 31, 1997, and called for nominations to fill the vacancies. Mr. Swain placed in nomination the names of The Reverend Charles T. Green and G. David Nixon. eNnOble' There b?ing no further nominations., Reverend Green and Mr. n we...re .mel.ec_~_ ~ aa members of .the Fa,r Housing Board, for terms ,,ng march ;1, 2000, by the follomng vote: · FOR REVERE. ND GREEN .AND MR. NIXON: Council Members Hams, Parrott, Swa,n, Trout, White, Wyatt and Mayor Bowere------7. · OATHS OF OFFICE'COMMITTEES.TRAFFIC.BUSES: The Ma?or advmed that ~ere is a vacancy on the.City of Roanoke Transportation Safety Comm,ssion cm.?ted by the res:gnation of Stephen A. Mancuso and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Kathryn V. Weikel. T. here being no further nominations, Ms. Weikel was elected as a member of the.City of Roanoke Transportation Safety Commission to fill the unexp,red term of S.tephen A. Mancuao, resigned, endin~ October 31, 2000, by the follomng vote: · FOR MS. WEIKEL: Council Members an-i~ Wh,te, Wyatt and Mayor Bowere H_..._, Parrott, Swain, Trout, 7. .... ~ .-.,~ r~van.Ke ~<eg,onal A,rport Commission due to the ~.nehg~bdity of K~t B. Kiser to serve another term and called for nominations to fill the vacancy· Mr. Parro~t p;aced in nomination the name of J. Granger Macferlane. 297 ACTION: There being no further nominations, Mr. Macfarlane was elected as a Commiesioner of the Roanoke Regional Airport Commission, for a term ending March 9, 2001, by the following vote: FOR MR. MACFARLANE: Council Membere Harris, Parrott, Swain, Trout, Wllite, Wyatt and Mayor Boware .... 7. At 5:30 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Monday, March 17, 1997, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the 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 C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowere 7. ABSENT: None OFFICERS PRESENT: W. Robert Herbe~ 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 States of America was led by representatives of the Virginia Skyline Girl Scout Council. PROCLAMATIONS: The Mayor .presented a proclamation declaring the month of March, 1997, as G,rl Scout Month in the City of Roanoke. (For full text, see Proclamation on file in the City Clerk's Office.) 298 HEARING OF CITIZENS UPON PUBLIC MA~rERR: TRAFFIC-PARKS AND RECREATION-THE NEW CENTURY COUNCIL: Beverly T. Fitzpatrick, Jr., Executive Director, The New Century Council, presented an oral briefing on the Regional PRIDE meeting which was held on February 18, 1997. He advised that approximatsly 70 persons attended the meeting from locations ranging from Wythe County to RockbHdge County, where participants discussed the meaning of regional pride and what can be done to promote pride in the community and to encourage citizen involvement. Sue M. Gotwalt, Chair, Regional PRIDE Campaign, advised that at the meeting on February t8, approximately 70 citizens from throughout the region participated; no ground rules were established and participants were divided into four groups representing the New Century Region which includes the Roanoke Valley, Wythevilis, Bland and Alleghany Highlands. She stated that representatives of education, business, government, citizens in general, and business people were in attendance. She advised that the meeting was productive and it was discovered that all participants have pride in the region, but there is also a tremendous concern about the region's growth, economic development, and tourism; and the objective of the meeting was to understand why there is or why there i~ not pride in the community and what needs to be done to instill pride. She added that raw data from the meeting will be collected for compilation, with a report to Council and interested citizens, and tentative plans include a kick off campaign by early fall. Mr. Fitzpatrick commended the City for its vision and patience in allowing Mothers Against Drunk Drivers and The New Century Council to move forward with the "Keep the Star White" Campaign. He presented each Member of Council with a bumper sticker promoting the campaign. He advised that in t995, 44 people died in The New Century Region aa a result of alcohol or drug related traffic accidents, and in 1996, only three parsons lost their lives. He presented the City of Roanoke with a plaque of appreciation, with the following inscription: "The New Century Council extends grateful appreciation to Mayor David A. Bowers and Members of Roanoke City Council in recognition of your leadership and support of the "Keep the Star White" Campaign and its compassionate, positive and innovative leaders in promoting quality living for the citizens of the New Century region." 299 BUDGET-BRIDGES-MAKE A DIFFERENCE SOCIETY-STREETS AND ALLEYS: Mm. Lavenia Toliver, representing the Make A Difference Society of the Roanoke Valley, appeared before Council with regard to beautification of tho 24th Street, N. W., underpass area, and advised that the Make A Difference Society is composed of 21 members. Out of their concern for the appearance of the 24th Street Underpass, the Society presented $16.54 in token pennies to be .used toward purchase of paint and seasonal flowers; and representatives of the organization advised that fi=the City will provide paint and landscaping materials, the Make A Difference Society will volunteer to provide manpower for the project. Upon qusstion by Council, the Director of Public works advised that some improvements ware made last fall with the assistance of Norfolk Southern Railway, plans are underway in the near future to complete the painting of the concrete walls through the underpass, and a landscaping con~act for a number of trees in the area of 24th Straet along both approaches to the underpass has been awarded. He stated that he would contact Ms. Toliver to discuss the offer of the Make A Difference Society to assist with landscaping. REPORTS OF COMMITTEES I COMMITTEES-PARKS AND RECREATION: Carl H. Kopitzke, Chairperson, Mill Mountain Development Committee, presented a report on behalf of the Committee including results of the retreat which was held on January 18, 1997. He presented the following Vision Statement which was established at a public hearing on February 12, 1997: "To be good stewards of the Mountain, to protect and preserve the natural resources for all future generations, in accordance with the Fishburn grant which is 'The said real estate is given and conveyed to the Grantee for public use and shall be by the Grantee developed and forever preserved, improved and maintained for the use and pleasure of the people of the City of Roanoke, Virginia, and vicinity as a public park to be known as "Mill Mountain Park" to the end that there may be provided and maintained on said real estate, as the various parts thereof may be suitably adapted thereto, parks, playgrounds, t 300 buildings, structures and things similar thereto, which may afford to the people of thin community and their children, in the proper use and enjoyment thereof, healthful and pleasant recreation.'" Mr. Kopitzke presented the following Mission Statement adopted by the Mill Mountain Development Committee at a public hearing on March 12, 1997: "To advise the Roanoke City Council regarding appropriate maintenance and improvements for Mill Mountain Park, consistent with the Fishburn Grant. We are dedicated to making Mill Mountain aa accessible and pleasurable to all pem..ons while preserving the environmental and aesthetic integrity of the mountain; in other words, "Progress with Preservation"." On behalf of the. Mill Mountain Development Committee, Mr. Kopitzke requested that Council accept the Vision and Mission Statements as drafted, and recommended that the name of the Committee be officially changed from Mill Mountain Development Committee to a name that is more in keeping with its present purpose, viz: Mill Mountain Advisory Committee. (For full text, see report on file in the City Clerk's Office.) Beth S. Poff, Executive Director, Mill Mountain Zoo, commended the Mill Mountain Development Committee for its visioning process. She spoke in support of changing the name of the committee to Mill Mountain Advisory Committee which is a better encapsulation of what the committee does, not only for the mountain, but for Roanoke City, for City Council, and for the Roanoke Valley region. She called attention to future challenges facing Council and City staff in view of the numerous ideas for Mill Mountain where multiple use is a difficult concept to address. She requested that a City staff member with a parks and conssrva§on background be assigned to work with the Mill Mountain Development Committee. ACTION: Mr. Trout moved that Council approve the proposed Vision and Mission Statements as submitted by the Mill Mountain Development Committee, and authorized the renaming of the Committee from Mill Moun~in Development Committee to Mill Mountain Advisory Comm,tlee. The motion was seconded by Mr. Swain and unanimou~i~ adopted. 301 There being no further business, the Mayor declared the mssUng adjourned at 7:55 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 302 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL April 7, 1997 12:00 noon The Council of Ihs City of Roanoke met in regular session on Monday, April 7, t997, at 12:00 noon, in Ihs Lobby of the Vishay Vitramon Plant, 3435 Chip Drive, N. E., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Resolution No. 33318-031797, adopted on Monday, March t7, 1997. 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 7. ABSENT: None Ot OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grieeo, Director of Finance; and Mary F. Parker, City Clerk. INDUSTRIES: The Members of Council and City staff participated in a tour of the Vitramon Plant, 3435 Chip Avenue, N. E. At 12:40 p.m., the Mayor declared the meeting in recess until 2:00 p.m. The regular meeting of City Council reconvened at 2:00 p.m., on Monday, April 7, 1997, 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 John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris 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. Grieeo, 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. 303 The Pledge of Allegisnce to the Flag of the Unit~l States of America was led by Mayor Bowers. CiTY MARKET.CELEBRATIONS-DOWNTOWN ROANOKE, INCORPORATED-CENTER IN THE SQUARE: Pearl Fu, Coordinator, LOCAL COLORS, Roanoka'e Intemational Celebration, appeared before Council and advised that foativit]es will be held on Sunday, April 20, 1997, from 1:00 p.m. to 5:00 p.m., on the City Market and Center In The Square. SCHOOLS: The Mayor advised that on July 1, 1997, there will be three vacancies on the Roanoke City School Board for terms of three years, each, ending June 30, 2000. He stated that pursuant to Chapter 9, ~ Ar~cle II, Procedure for Election of School T~stees. Section 9-19, Preliminaw screenina_ of candidates, on or before March 3t, Council, as a Committee of the Whole, shall, at a regular or special meeting, review and consider all candidates for the pos~on of school trustee; whereupon, the matter was before the body. The Mayor further advised that as of 5:00 p.m., on March t0, 1997, which was the deadline for receipt of applications, the following persons had applied for appoinlment: Sherrie M. Boone Elizabeth M. Burford F. B. Webster Day Marsha W. Ellison Joann Hamidulish Brett A. Harwell (withdrawn) Sherman P. Lea David A. Ostroff Michael L. Ramsay Lisa S. Updike The Mayor referred to a communication under date of April 3, t997, from Brett A. Harwell withdrawing his name from consideration. (For full text, see communication on file in the City Clerk's Office.) I 3O4 ACTION: The Mayor called attention to a communication from Brett A. Harwell withdrawing hie name from consideration, and advised that without objection by Council, the communication will be received and filed and Mr. Harwell'a name will be withdrawn from consideration. Mr. Trout moved that Council reduce the number of candidates to six to receive the formal interview on Thursday, April 24, 1997, at 6:00 p.m., in the City Council Chamber. The motion was seconded by Mr. Swain and adopted. It was the consensus that each member of Council would vote for no more than six candidates. Pursuant to the first roll call vote, F. B. Webster Day, Marsha W. Ellieon, Joann Hamidullah, Sherman P. Lea, end Michael L. Ramsey wore certified for public intewiew on Thursday, April 24, t997, at 6:00 p.m., in the City Council Chamber: MR. PARROTT: Ms. Boon, Mr. Day, Ms. Ellison, and Mr. Ramsey MR. SWAIN: Mr. Day, Me. Hamidullah, Mr. Lea and Mr. Ramsey MR. TROUT: Ms. Ellieon, Ms. Hamidullah, Mr. Lea and Mr. Ramsey MR. WHITE: Mr. Day, Ms. Ellieon, Ms. Hamidullah, Mr. Lea, Mr. Ramsey, and Ms. Updike MS. WYATT: Me. Burford, Mr. Day, Mr. Lea, Mr. Ramsey, and Ms. Updike MR. HARRIS: Ms. Boon, Mr. Day, Ms. Ellison, Ms. Hamidullah, Mr. Lea, and Mr. Rarnsey MAYOR BOWERS: Mr. Day, Ms. Ellison, Ms. Hamidullah, Mr. Lea, Mr. Ramsey, and Mr. Ostroff Pursuant to the second roll call vote, Ms. Boon was certified for public interview on Thursday, April 24, 1997, at 6:00 p.m., in the City Council Chamber: MR. PARROTT: Ms. Boon 305 MR. SWAIN: Ms. Boon MR. TROUT: Ms. Boon MR. WHITE: Ms. Updike MS. WYATT: Ms. Updike MR. HARRIS: Ma. Boon MAYOR BOWERS: Mr. Ostroff The Mayor advised that the following peraons will be interviewed on Thursday, April 24, 1997, commencing at 6:00 p.m., in the City Council Chamber: F. B. Webeter Day Marsha W. Ellison Joann Hamidullah Sherman P. Lea Michael L. Ramaey Sberrie M. Boon CONSENTAGENDA 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 wae 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, February 3, 1997, and Tuesday, February 18, 1997, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) 306 ACTION: ACTION: ACTION: Mr. Whito 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 adoptecl by the following vote: AYES: Council Members Perrott, Swain, Trout, White, W~jatt, Harris and Mayor Bowers ..... 7. NAYS: None 0. 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), Code of Virginis (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. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: Non= 0. ACTS OF ACKNOWLEDGEMENT-CELEBRATIONS: A communication from the National Arbor Day Foundation advising that the City of Roanoke has bccn named as a 1996 Tree City USA, 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. The motion was seconded by Mr. Swain and adopted by the following vote: 307 II AYES: Council Members Parrctt, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ...... 7. NAYS: Nono 0. MUNICIPAL AUDITOR-COMMII'rEES-AUDIT COMMITTEE: Minutea of a meeting of the Audit Committee of Roanoke City Council which was held on Monday, March 3, t997, ware before the body. The Audit Committee considered the following items: F. xtsmal Audits: Approved a motion to concur in the Audit Selection Committse'a recommendation to engage KPMG Peat Marwick to perform audit services for fiscal years t997 - 2000. Internal Audits: Controls Evaluations: Meter Shop Audit Report. i (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. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: Non: 0. HEALTH DEPARTMENT-AIR POLLUTION CONTROL-FIFTH PLANNING DISTRICT COMMISSION: A report of the City Manager with regard to establishment of new air quality standards for ozone and particulate matter, was before Council. The City Manager advised that in November 1996, the Environmental Protection Agency unveiled a propo6al to establish new air quality standards for ozone and particulate matter, which standards had the prospect of impacting individuals and existing industries as wall as developments in the Roanoke Valley, pursuant to a communication dated January 28, 1997, from Wayne G. Strickland, Executive Director, Filth Planning District Commission, the Roanoke 308 ' ACTION: ACTION: Valley would not be impacted by the new, more restrictive ozone .. standard, there is in~ufficient data to predict the possible impact of ~ new, more restrictive particulate etandard~, and when additional information ia received, Council will be advised. (For full text, see report and communication 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 Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bower~ 7. NAYS: None e TRAFFIC-PARKS AND RECREATION-CITY PLANNING: A report of the City Manager with regard to a study of traffic conditions on Wiley Drive, was before Council. Mr. White moved that the report be removed from the Consent Agenda for discussion as a separate item. The motion was seconded by Mr. Swain and unanimously adopted. INDUSTRIES-FIRE DEPARTMENT-TRAFFIC.BUSES-AIRPORT. HOUS!NG/AUTHORITY-~..A_TH? OF OFFICE-COM. MITTEES: The follomng reports of qual,flcation were before Counc,l: Dennis R. Cronk as a Director of the Industrial Development Authority of the City of Roanoke to fill the unexpired term of W. Bolling Izard, resigned, ending October 20, 1998; Sydnor W. Brizendine, Jr., as a Director of the Industrial Development Authority of the City of Roanoke to fill the unexpired term of Samuel H. McGhee, III, resigned, ending October 20, 2000; E. L. Noell as a member of the Board of Firs Appeals for a term ending June 30, 2000; i 309 II ACTION: Kathryn V. Weikel as · member of the City of Roanoke Transportation Safety Commission to fill the unexpired term of Stephen A. Mancuso, resigned, ending October 31, t998; J. Granger Macfarlane as a member of the Roanoke Regional Airport Commission for a term ending March 9, 200t; and Charles T. Green ss · member of the Fair Housing Board for a term ending March 31, 2000. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the mlmr~ of qualification be received and filed. 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: Nono 0. REGULAR AGENDA TRAFFIC-PARKS AND RECREATION-CITY PLANNING: A report of the City Manager with regard to a study of traffic conditions on Wiley DHve having been removed from the Consent Agenda for separate discussion, the matter was again before Council. The City Manager advised that on September 17, t996, several citizens met with City staff to discuss the feasibility of changing the traffic flow on Wiley Drive to a one-way street; citizens indicated that such action would enable Wiley Drive to better accommodate bicyclista~ joggers and others on foot who desire less conflict with automobile traffic; as a result of the meeting, City staff proceeded to study Wiley Drive traffic conditions; and interested citizens continued to meet with City staff to discuss other i~suss that impact Wiley Drive, which discussions led to the following: 310 ACTION: The Roanoke River Interceptor Sewer Project is planned for construction to begin aroun.d June 1, t99.7, and continue for 18 to 24 months, wh,ch project will impact Piedmont Park, South Roanoke Park, Smith Park, Wssena Park, and the ability to usa certain eections of Wiley Drive. In parlicular, it is expected that Wiley Drive from Franklin Road to Winona Avenue (between Iow-water bridges) will be cloaed to vehicular traffic during the construction of the sewer project through Smith Park. It is believed that the time this section of Wiley Drive will be closed can be limited to approximately eight months. A new, off-road pedestrian walkway will be built through Smith Park. Every effort will be made to keep this area open to pedestrians throughout construction. Organizations that historically use the park area ara being notified about the impact this project is expected to have on the use of the Wiley Drive corridor. Roanoke River Flood Reduction Project is presently designed to permanently eliminate the portion of Wiley Drive adjacent to Waeena Park. The oarlieet that project construction ?n begin is 1999. ' Master Plan which A comprahenswe Parks and Recreation ] will assess Roanoke'e entire perks system is scheduled to be complet~l by the end of 1997. The City Manager explained that a recommendation on the flow of traffic on Wiley Drive should be deferred to the aboveraferanced plans and projects; a broader study of park area usage along Wiley Drive should be initiated; therefore, the matter is being referred to the City Planning Commission for review of park usage along Wiley Drive; and it is expected that the study will result in a traffic flow recommendation based on broader community input. Following an oral briefing by the Director of Public Works, without objection by Council, the Mayor advised that Council would concur in the report of the City Manager. 311 II HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY CODE-ANIMALS/INSECTS-COMPLAINTS: Ms. Patricia Earls, 717 Miesiesippi Avenue, N. E., requeetscl that the City ordinance prohibiting the keeping of swine in the City of Roanoke be repealed. She explained that her son has a learning disability, and ha worked hard to improve his grades in order to earn a Vietnamese Pot Bellied Pig as a pet. She advised that sheep and goats are allowed to be kept in the City of Roanoke; that pot bellied pigs are being compared to farm pigs which can weigh up to t500 pounds, while pot bellied pigs are one-tenth the size of a farm pig, smeller in height than a Labrador Retriever, weigh less than s Saint Bernard, and make excellent pets. Ms. Emma Saundere, 421 Cleveland Avenue, Vinton, Virginia, advised that if the City repeals its ordinance to allow pot bellied pigs, she would propose that they be licensed, confined to their own yard, receive annual rabies vaccinations, and that there be a limit on the number of pot bellied pigs per household. Ms. Susie Saunders, 421 West Cleveland Avenue, Vinton, Virginia, addressed Council in support of the request of Ms. Earls. I ACTION: Mr. Parrott moved that the remarks be received and filed. The motion' wee seconded by Mr. Trout and adopted, PETITIONS AND COMMUNICATIONS: BUDGET-TAXES-COUNCIL: A communication from Council Member William White, Sr., with regard to a reduc~on in the real estate tax rate, effective January 1, 1998, was before Council. Mr. White advised that the real estate tax is a major potential source of general fund revenue for the City, and any changes in the rate can be immedistsly felt in the City's operating budget; the rate impacts the local share of funds available to the School system; however, after serious review of recent discussions and with a history of what has taken place in the last several years, he explained that he had reached the conclusion that now is the time to adjust the real estate tax rata. Mr. White requested that the Members of Council support a recommendation that the real estate tax rate be decreased by one cant, effective January 1, t998, which would implement the rata in the middle of the upcoming fiscal year, and is done intentionally to minimize the ACTION: financial impact of the rate reduction in one fiscal year, and by im lamenting the decrease on January 1, 1998, the full effect of the on.e ~,nP~ reduction will be spread over two fiscal years. He.added..that ~;;;'.'~;~ive Council the option of identifying and implamen, n.g o~.er ~.~.'.'~,~ ~,~r~as that could neutralize the reduction !n the real asta~. '"- .... .'.-:'.:--. ._, L__,. -, ,~, Ci~, has histoncally been gooa, tsxrete;thattne,na, ncla~-u,-'~".'-- ', ftheCi's and the reduction mil allow Council to share the benefits o ty sound financial management with its citizens. (For full text, see communication on file in the City Clerk's Office.) Mr. Whit~ moved that the City Manager submit a proposed fiscal year t997-98 budget that include~, a one cent re. al eatste tm(..red_uction.,. effective January 1, 1998, for review and possible approval oy ~ounc, during upcoming budget study sessions. The motion wee seconded by Mr. Trout. Ms. Wyatt spoke in opposition to the motion, advising that the City has a long list of capital improvement needs.and to lower the aststs tax rate when the City does not ha.v, su?c--nt fu.n.ds_,..to__~l.,,ee~l~ current obligations would be ,,ponny-mse an. pouno-mo.s · stat~l that in good consc!ence, she could not .v. ots f.o.r the real .es.tsars. tax reduction, especially since a one-cent reduction mil mean onpJ -~J cents per month on the real eatsto tax for the average homeowner in the City of Roanoke. The motion was adopted, Vice-Mayor Wyatt voting no. BUDGET-AIRPORT: A communication from Jacqu. eline L. Shuck, Executive Director, Roanoke Regional Airport, transmitting the fiscal year 1997-98 Ai .?.rt Operating and Capi? Purchase Budgets, .as well as a aspareto listing of proposed cap. ltsl expenditures which are futore accounting panods, pursuant to requlremen. Regional Airport Commission Act and the Roanoke R.eg!onal A.i~_o~ Commission Contract dated January 28, 1997, as amen~m3, wes ~eto~ Council. (For full text, sas communication and budget summary on file in the City Clerk's Office.) 313 II ACTION: Mr. Trout offered the following resolution: (~33320-040797) A RESOLUTION approving the Roanoke Regional Airport Commission's 1997-1998 proposed operating and capital budget, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 59, page 375.) Mr. Trout moved the adoption of Resolution No. 33320-040797. The motion was eeconded by Mr. Harris and adopted by the following vote: Harris and Mayor Bowers NAYS: Nono At 3:00 p.m., the Mayor declared the meeting in recess. AYES: Council Members Parrott, Swain, Trout, White, Wyatt, 7. At 3:10 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 EMPLOYEES-AFFIRMATIVE ACTION: The City Manager submitted · written report with regard to the City of Roanoke Affirmative Action Program, advising that the Program provides for periodic briefings to Council on the status of equal opportunity and affirmative action related to City employment. The City Manager further advised that Affirmative Action and Equal Employment Opportunity Programs and activities that City departments participated in during the past year include the foilowing: 314 Diversity In The Workforce Team Police and Personnel Management Staff met with the Community Relationa Task Force and the National Association for the Advancement of Colored People on several occasions to discuss issues of recruitment and mtantion of minority police officers. The City Web on the Intemet has provided a potent new method to recruit applicants. Created an additional recruitment officer position in the Police Depa,l,,ent in order to increase emphasis on police officer recruitment. Milita~J Base Recruitment primarily for police office opportunities. College and University Recru;b,ent Contacted Criminal Justice Department Heads at 20 colleges and universities in order to attract interest in law enforcement careers. Contacted all known minority churches in aouthaide and southeast Virginia in order to generate interest in law enforcement careers. Conducted and participated in job fairs and workshops with Roanoke City Schools, Total Action Against Poverty, and the Noel C. Taylor Alternative Educational Center. Firsfighter Entry Level Ability Test Personnel Management, in conjunction with the Fire Department, developed and conducted a new and more job related test for hiring recruits. Fire Cadet Program Personnel Management Internship Program Mayor's Committee for Persons with Disabilities .I 315 Sexual Hsreesment Training Workforca Diversity Training Eleventh Annual Ministerial Luncheon Roanoke City School Board Business and Technical Education Council Minority Churches/Fraternities and Sororities Minority Talent Bank City Workforca Analysis indicates the percentage of minority and women employees when compared to the total composition remaine fairly consistent with that of previous years. Further analysis indicates that in moat job categories, the City of Roanoke continues to maintain a total workforce composition for non-white minorities equal or higher to that pal cent in the.availabis workforce. I Analysis of the City of Roanoke'a full-time workforce during 1996 indicates that 50 per cent of new hires were women and 31 per cent were minorities. Promotions during 1996 included 48.4 per cent women and minorities. New in~atives include implementing recommendations of the Diversity in the Workforce Team and it is likely that major emphasis will be placed on developing the context for having a more diverse workforce, diversity training, and improving recruitment/selection processes. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., referred to the City MsnageCe report, page 2, item 6, line 7, and stated that the proper name should be Virginia Union University; whereupon, the Mayor requested that the appropriate corrections be made. 316 With regard to page 4, item 18, and page 5, item f, of the City Manager'.s report, Ms. Bethel Inquired where members of the community could obtain a copy of recommendations of the Diversity in the Workforce Team. The Mayor referred the question to the Personnel Manager for response and requested that Historic Gainsboro Preserva§on District, Inc., be included on the City's mailing list of organizations receiving information on employment, recruitment, etc. The Reverend Charles T. Green, 1731 Hanover Avenue, N. W., commended Council on the City's accomplishments to date with regard to Affirmative Action; however, he stated that in the past, it is known that blacks have not been fairly hired or promoted. He stated that there ars few blacks in supervisory positions, and euparvisore "look down" on African-American people in not only the public/private sector, but throughout the City es well. He advised that if a person qualifies for a job, regardless of their race, they should receive fair consideration; discrimination among African-Americans is subtle and difficult to prove, and Africen-Americens are fired when they question the system. The Reverend Leonard I_ Hines, 3819 Rolling Hills Avenue, N. W., First Vice President of the Southern Christian Leadership Conference I'~'~.C~, stated that if the City ia being absolutely fair in its hiring ~racU~es and procedures, why would the SCLC receive over 40 complaints from beth the Caucasian and the African-American communities regarding unfair treatment and discrimination, etc. He edmitlmJ thst the City is trying to accomplish some positive things, but it needs to open its eyes and see that the minority community is beginning to question certain practices that have been overlooked for a long time. He stated that there has been a pattern in Roanoke City over the past 25 - 30 years that must cease, and blacks are asking that the City deal fairly with the minority community. He added that when over 40 people of mixed races approach the SCLC and complain that they have been discriminalmi against and the City contends that there are no problems, something is wrong. He asked that the City resolve the situation before it gets out of hand. Ms. Vernice J. Law, 1019 Staunton Avenue, N. W., advised that the City vacancy job mailing list alluded to earlier in the meeting by the Assistant Manager of Personnel does not go to ail clube/ssrvice organizations in the Roanoke aras and requested that the mailing list be updated. The Mayor requested that the Assistant Manager of Personnel meet with Ms. Law following the Council meeting to clarify the information and to make the necessary changes. 317 I! Mr. Robert B. Gravely, 1524 Hanover Avenue, N. W., advised that the City's hiring practices are a joke; favoritism is shown .by supervisors in regard to hiring, end there is no system for promoting City employees. The Reverend Johnny R. Stone, 3321 Circle Brook Drive, S. W., advised that Hill Street Baptist Church receives the City's job vacancy list ee alluded to earlier in the meeting by the Assistant Manager of Personnel; however, routinely, it is received too late to provide the information to the congregation in a timely manner. He suggested that a system be established to insure that the job vacancy list is disseminated in a more timely manner so as to allow follow-up by interested persons. Martin D. Jeffrey, President, Local Branch, NAACP, advised that there has ~:cc.n significant effort on the part of the City to improve minority hiring figures, but more needs to be done. He further advised that in reviewing the report, there are 15 categories where no minority pardcipation exist in the areas of technicians and clerical workers, and he reserved the Hght to present a formal statement on the report et a later date. ACTION: Withoutobjection by Council, the Mayor advised that the report would be recmved-- and filed. ITEMS RECOMMENDED FOR ACTION: BUDGET-COMMUNICATIONS DEPARTMENT-CONSULTANTS REPORTS: The City Manager submitted a written report advising that on July 11, 1994, Council authorized an agreement with Towers Perrin to provide outside assistance in exploring major service areas that should be studied for regional cooperation; on May 12, 1995, Towers Perrin presented their recommendations to the Regional Government Management Group and representatives from the Roanoke Regional Chamber of Commerce, which recommendations included cooperation in Public Safety emergency communications and public safety activities; the Regional Communications Study Team was formed in October 1995 to explore possible areas of regional cooperation, and the Teem includes representatives from Roanoke City and Roanoke County departments. 318 It was further advised that the Regional Communications Study Team started meeting in October 1995 to explore cooperative efforts and determined that · consultant should be contracted to recommend a plan of migration for both the City and the County to reach radio compatibility for interoparebility; Roanoke City Council and the Roanoke County Board of Supervisors were briefed at a joint Council and Board of Supervisors meeting on March 4, 1996, of a staff request to issue · joint City/County Request for Proposals to obtain communications consulting services; and the Board of Supervisors and City Council concurred in the request and authorized the City Manager and the County Administrator to execute a joint contract with Hayes, Seey, Mattarn & Met'mm, Inc., for consulting services to determine a migration path for both Roanoke City end Roanoke County to have radio interoparebility for regional cooperative efforts on June 17, 1996, at a cost of $36,000.00 to be shared equally by the City and the County. It was explained that Hayes, Seey, Mattam & Mattem, Inc., submitted its Phase I recommendation on December 23, 1996, which recommended that Roanoke City and Roanoke County have radio interoparebility for regional cooparetion efforts; Phase I recommended development of a regional 800 MHZ trunked radio system for Roanoke City and Roanoke County; and the Regional Communications Study ~ Team reviewed the Phase I recommendation and agrccd that Roanoke -- City and Roanoke County should proceed with development of specifications for a regional radio system that will expand the County's current radio system to provide a City and a County-wide 800 MHZ trunking radio system. It was further explained that Hayes, Seey, Mattsrn & Mattarn, Inc., has submitted e negotiated price for Phase 2 to develop specifications for a regional 800 MHZ trunking radio system, at a cost of $55,000.00, which is well below the original estimate; because 90 par cent of the cost of the regional system would be the City's responsibility, it is recommended that the City pay the full cost of this phase of design; and the City and County would then share the coat of any additional professional services required during the procurement and implementation processes. The City Manager recommended that Council authorize transfer of $55,000.00 from the Contingency Reserve Account No. 001-002-9410- 2010 to Communications Account No. 001-050-4130-2010 for Fees for Professional Services; and authorize the City Manager to execute a 319 I! ACTION: contract, in a form to be approved by the City Attorney, for joint City/ County communications consulting services to prepare detailed spacifications for a combined Roanoke City/Roanoke County 800 MHZ Radio System. (For full taxt, see report on file in the City Clerk's Office.) Mr. Parrot~ offered the following emergency budget ordinance: (~33321-940797) AN ORDINANCE to amend and reordain certain sections of the 1996-97 General Fund Appropriatiorm, and providing for an emergency. (For full text of Ordinance, sss Ordinance Book No. 59, page 375.) Mr. Parrott moved the adoption of Ordinance No. 333214)40797. 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: Nono ..... 0. SEWERS AND STORM DRAINS-CONSULTANTS REPORTS: The City Manager submitted a written report with regard to design of upgrade and expansion of the Water Pollution Control Plant, advising that a full services contract with Malcolm Pirnia, Inc., for design, contract documents, and supervision was executed by the City on December t4, 1994, in the amount of $1,996,338.00; the Biological Aerated Filter (BAF) was an integral part of plant expansion; contract documents ware prepared and the project was bid three times; the first two bids were rejected due to nonresponsive bids and/or exception taken to the procurement documents; the third bid was accepted by Council on September 3, 1996; Malcolm Pimie submitted a request for additional services in connection with the cost of changes to contract documents for the three bids in the amount of $58,614.00; the Administration discussed the request and decided that the cost of changes to contract documents for the three bids should be shared since the Biological Aerated Filter technology was new to both parties; I320 ACTION: the City's evaluation of eervice amountmJ to an increase in the contract of $32,000.00; Malcolm Pirnle accepted the revised figure; and add~onal eewicee have been completed and the consultant needs to be reimbursed for the work. The City Manager recommended that Council concur in the following actions: Authorize the City Manager to approve the change in contract amount with Malcolm Pimie, Inc., in the amount of $32,000.00, bringing the total con~act amount to dato to $2,028,338.00. The City of Roanoke portion of the increase according to Jurisdictional agreement totals 37.3 per cent, or $11,936.00. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency ordinance: (~33322-040797) AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Malcolm Pirnie, Inc., in connection with the design of upgrade and expansion at the Water Pollution Control Plant; and providing for an emergency. (For full taxt of Ordinance, see Ordinance Book No. 59, page 376.) Mr. Pan'off moved the adoption of Ordinance No. 33322-040797. The motion was seconded by Mr. Swain and adopted by the following vota: AYES: Council Members Parrott, Swain, Trout, Wyatt, Harris and Mayor Bowere ..... 6. NAYS: Nono 0. (Council Member White was out of the Council Chamber.) TRAFFIC4NDUSTRIES-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that on December 18, 1986, the Commonwealth Transportation Board adopted a policy to govern the use of indtmtrial access funds, pureuant to Section 33.1-221, 32'1 Code of Virginia (1950), as amended; a corporate prospect will I snnoun_c.? that it will build a new facility of approximately 100,000 sq. ft. on "S,te G" in the Roanoke Cen. tre for Industry and Technology (RCIT); the new plant represente an investment of $10 million end will employ 200 poopie; access to the site via a new roadway is nccded and could be construct~l using an estimafad $450,000.00 in industrial acce~ road funds; and items not eligible for reimbursement by the State, including fight-of-way acquisition and utility adjustments, would be funded from proceeds from the sale of land and capital fund interest The City Manager recommended that Council concur in the following actions: Authorize the City Manager to file an application with the Virginia Depa[b,ent of Transportation for industrial access road funds up to $450,000.00 for roadway conetruction to provide industrial access to the new facility. Assure the Commonwealth Transportation Board that the City will, if such project is approved, provide adequate right-of-way, provide for adjustment of any utilities I affected by construction, and provi.de future maintenance of the roadway through other funding sources. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33323-040797) A RESOLUTION authorizing the City Manager to make application to the Commonwealth of Virginia Depa[b~mnt of Transportation for Industrial Access Road Funds up to $450,000.00 for roadway construction to provide industrial access to Site G in the Roanoke Centre for Industry and Technology for a new corporate prospect and authorizing execution of any required documentation on behalf of the City for acceptance of any such funds which may be awarded. (For full text of Resolution, see Resolution Book No. 59, page 377.) ACTION: Mr. Trout moved the adoption of Resolution No. 33323-040797. The motion was seconded by Mr. Swain and adopted by the following vote: 322 AYES: Council Members Parrott, Swain, Trout, Wyatt, Herr~ and NAYS: Nono .. O. (Council Member White wee out of the Council Chamber.) . BUDGET-CAPITAL IMPROVEMENTS PROGRAM-INDUSTR?S ECONOMIC .DEVELOPME.N.T: The C~ty Manager .submitted a written report advia,.n.g that the C,ty'e Office of Economic Development has been marketing the 140 acre Roanoke Centre for Industry and Technology (RCIT) Addition for industrial development purposes since the Trsnekrit Corporation purches.ed., the !est large site in the original RC!T ~ree years ago; the RCIT Add,tion Is n.o..w., a vacant, tract of land wh,ch ,s not es.rved by public r_~.. dwaye or.utihti..es; a major corporate prospect has informed the C~ty of its ,ntention to construct an approximate 100,000 sq. fL facility on "Site G" in the RCIT Addition and to create at least 200 new Jo.be; public infrastructure consisting of an extension of Blue Hills Dnve, sewer extension, and s~..r~n water management needs to be conatru.c?d to serve the new fac,l,ty; and. a Request for Proposals was advertised and interviews ware held ruth It was further advised that Lumsden and Associates was selected as the most qualified firm to perform the necessary .engineering services; a contract amount of $69,500.00 has bccn negotiated by the City Engineer and Lumeden Aesocia. tes, and a contingency of $5,500.0.0 has been deemed appropriate; and maa.m, uch as November t5, 1997, IS the negotiated date that the proposed ,nfrestructure improvements $75,000.00 from Undesignated Capital Funds to a new Capital Fund Project account entitled, "RCIT Infrastructure Engineering". must be completely constructed, time is of the essence and engineering design work must begin immediately. The City Manager recommended that Council appropriate (For full text, see report on file in the City Clerk's Office.) 323 Mr. Trout offered the following emergency budget ordinance: (t/33324040797) AN ORDINANCE to amend end 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 378.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33324-040797. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harri~ and Mayor Bowers 7. NAYS: None 0. BUDGET-INDUSTRIES-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that Maple Leaf Foods, Inc., is Canada's largest food processing company with sales of more than $3.0 billion and 1t,000 employees, and trades on the Toronto and .Montreal stock exchanges; Maple Leaf Foods, Inc., has bccn expanding ita position North America mad(eta by and in restructuring investing Jta cora bue,nesses and through selective strategic acquisitions; and Maple Leaf Foods USA, Inc., founded in 1995, ia an indirect subsidiary of Maple Leaf Foods, Inc., with gross annual sales in excess of $100 million in premium quality breads and rolls. It was further advised that Maple Leaf Foods USA, Inc., desires to build a new, modern, highly efficient specialty manufacturing plant in Roanoke, Virginia, which facility would specialize in frozen baked goods; $22 million will be invested in new conabuction and equipment in Phase I, and 150 to 180 new jobs will be created; and Site "G" at the Roanoke Centre for Industry and Technology has been selected. Itwes explained that $200,000.00 has been made available to the City from the Governor's Opportunity Fund by Governor George Allen; up to $450,000.00 in State Industrial Access Funds has been requested from the Commonwealth of Virginia Transportation Board, with the City matching $150,000.00; the Industrial Development Authority (IDA) has authority to make grants to promote economic development and to convey land that it receives from the City on an expedited basis; the 324 City intends to convey 23.110 acres to the IDA to sell to The Advance G .r~u.p, Inc.; The Advance Group, Inc., · corpora,on org.a, nized.and ex,eting under the lew~ of the State of New Jeraey, or its including Maple Leaf Foods USA, Inc., and CIBC, Inc., an affiliate of Canadian Imperial Bank of Commerce, intends to conatruct within RCIT in the City of Roanoke, the building to be leased to Maple Leaf Foods, Inc., or its subsidiary Maple Leaf Bakery, Inc.; and $346,650.00 is the agrc. c.d upon selling price for 23.110 acres of land to be conveyed to the IDA and sold to The Advance Group, Inc., or its assigns. It was explained that The Advance Group, Inc., has requested that the City donate an amount up to $757,325.00, $557,325.00 from the City and $200,000.00 from the Govemor'e Opportunity Fund, for the purpose of promoting economic development in the City, in order to fund the economic development grants that the IDA intends to make to The Advance Group, Inc.; and Blue Hills Drive Extension, water and sewer extension, and storm water detention basin improvements must be mede by the City to accommodate the project, as well as future projects at the Roanoke Centre for Industry and Technology. The City Manager recommended that Council authorize the following actions.: ! The donation of up to $757,325.00 and the transfer of 23.110 acres of land known as Site "G' at the Roanoke Centre for Industry and Technology for economic development purposes to the Industrial Development Authority of the City of Roanoke to fund a grant and to provide for the sale of land from the IDA to The Advance Group, Inc., and authorize the Mayor to execute a deed transferring the property to the IDA and the City Manager to enter into a performance agreement with the IDA and The Advance Group, Inc., or an affiliate or to CIBC, Inc. (an affiliate of Canadian Imperial Bank of Commerce) or its subsidiary, allowing the IDA to sell the property and to make an Economic Development Grant to The Advance Group, Inc., providing for "eligible costs" including land acquisition, site preparation, design coats, construction costs and other coats including financial costs, legal costs, management coats, and related consultant fees 325 provided that the portion of the grant funded with money from the Governor's Opportunity Fund will be used only toward qualified project invustmente under the Fund's rules and regulations. Tran~fur and sale of 23.t10 acres of lend for $346,650.00. Appropriate $210,675.00 from Undeeignat~i Capital Funds, $346,650.00 in land sale proceeds to a new Economic Development Grant Fund account entitled, "Maple Leaf Development"; and establish an accounts receivable for the land sale proceeds of $346,650.00 and the Govemor's Opportunity Fund proceeds of $200,000.00. Appropriate $806,000.00 from Undeeignated Capital Funds and appropriate $250,000.00 in State Industrial Access Funds to a new Capital Projects Fund account entitled, "RCIT Infrastructure Extension"; and establish an accounts receivable for the Stats Industrial Access Funds. (For full text, see report on file in the City Clerk's Office.) I Mr. Trout offered the following emergency budget ordinance: (~33325-040797) 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 379.) ACTION: Mr. Trout moved t~e adoption of Ordinance No. 33326-040797. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, Whits, Wyatt, Harris and Mayor Bowers .... 6. NAYS: None 0. (Council Member Parrott abstained from voting.) 326 Mr. Harris offered the following resolution: (~t33326-040797) A RESOLUTION authorizing the proper City officials to execute a Performance Agreement between the City of Roanoke, the Indus~al Development Authority of the City of Roanoke, Virginia (Authority), and Advance Group, Inc., or its assigns (Advance) that provides for the creation of jobs and an investment for acquisition, development, and construction of s new facility st Roanoke Centre for Industry and Technology (RCIT) by Advance, upon certain terms and conditions, and which also provides that the City will undertake to fumlsh certain improvements st RCIT which will benefit and am necessary for the operation of the new facility; aul]~orizing conveyance of approximately 23.t10 acres of land designated as New Tract G located in RCIT and donation of an amount up fo $757,325.00 to the Authority, all for the purposes of promoting economic development; and providing for an effective date for this Resolution. (For foil text of Resolution, see Resolution Book No. 59, page 380.) ACTION: Mr. Harris moved the adoption of Resolution No. 33326-040797. The motion was seconded by Mr. Swain and adopted by the following vote: . AYES: Council Members Swain, Trout, White, Wyatt, Harris and Mayor Bowara 6. NAYS: None 0. (Council Member Parrott abstained from voting.) DOWNTOWN ROANOKE, INCORPORATED-CITY MARKET: The City Manager having previously submitted s written report with regard fo execution of an agreement with Downtown Roanoke, Incorporated, to manage the City Market, he requested that the item be withdrawn from the agenda. BUDGET-FDETC-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that First.citizens Bank, a Virginia Corporation, has been in operation since 1898 and has more than 300 offices serving nearly 200 towns and cities in North Carolina and Virginia; First-Citizens Bank has been operating in the Roanoke Valley for the past two and one-half years and continues to make plans to expand in Virginia; First-Citizens Bank has relocated its bank card 327 center from Raleigh, North Carolina, to the City of Roanoke; the City and the Filth District Employment and Training Consortium .offered.an incentive package of up to $625.00 ($1,250.00 par employes) m training funds to First-Citizens Bank, which has created 33 new jobs and will relocate an additional t7 jobs to the City; by April 1997, First-Citizens Bank will provide 50 jobs in the City of Roanoke, with an average annual salary of $23,000.00; First-Citizens Bank occupies 17,000 square feet of office apace in Valley Court on Thirlane Road, N. W., in the City of Roanoke; and existing training incentives are needed to fulfill the incentive package offered as a part of the location process. The City Manager recommended that Council concur in the following actions: Approve funding to provide up to $625.00 par employes through the Fifth District Employment and Training Consortium for training expanses for Firat-Citizens Bank; the City shall donate funds to the Consortium for administration of eligible funds. Appropriate $25,000.00 to expanditure and revenue i accounts to be established b.y the .D. irector of .Finance in the Consortium Fund; fund,ng ~nll be prov;ded from funds currently available in General Fund Economic Development Account No. 001-002-8120-2067. Authorize the City Manager to execute an agreement with the Fifth District Employment and Training Consortium and First-Citizens Bank to provide up to $25,000.00 in training expanses for a minimum of 30 new employees beginning January 1, 1997, which agreement states that First-Citizens will repay the Consortium $400.00 for each decrease in the number of qualifying positions from June 30, 1998; and further agrees to occupy t5,000 square feet of office space in the City. (For full text, see report on file in the City Clerk's Office.) 328 ACTION: ACTION: Harris and Mayor Bowers NAYS: Nono Mr. Harris offered the following resolution: Mr. Harris offered the following emergency budget ordinance: (~33327-040797) AN ORDINANCE to amend and reordain certain eections of the 1996-97 General and Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 382.) Mr. Harris moved the adoption of Ordinance No. 33327-040797. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, 7. 0. (~33328-040797) A RESOLUTION authorizing execution of an agreement between the City of Roanoke, the Fifth District Employment and Training Coneor'dum and First-Citizens Bank, s Virginia Co~.oration in c.onnecti.o.n with training incentive funds for job pos,tions located ,n the C,ty. (For full text of Resolution, see Resolution Book No. 59, page 383.) Mr. Harris moved the adoption of Resolution No. 33328-940797. 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: Non= 0. BUDGET-PARKS AND RECREATION-FIRE DEPARTMENT- COMMUNITY PLANNING-CAPITAL IMPROVEMENTS-UTILITY LINE SERVICES-CMERP-CITY INFORMATION SYSTEMS-FLEET MAINTENANCE FUND-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program (CMERP) for General Fund Accounts and Prior Year Retained Earnings Accounts for Intemal Services Depa,'.,,ente 329 has been identified ae funding aources for various operational needa; Council received the CMERP Program for fiscal year 1996-97 a.s a briefing report on October 7, 1996; the City.Manag. er'a Information Technology Commitlee has also recently identified pnority technology projects that require funding appropriation in order to proceed; items and projects identified ara deemed necessary to continue to perform assigned duties and projects in the moat efficient and effective manner; items and projects identified on Attachment A to the report have either been or will be bid in accordance with the procurement section of the Code of the City of Roanoke (1979), aa amended; and it is necessary for Council to appropriate monies from Capital Maintenance and Equipment Replacement Program funds, Prior Year Retained Earnings, and funding from other localities to provide for acquisition of items listed on abovereforenced Attachment A. The City Manager recommended that Council appropriate $1,057,680.00, as follows: $464,000.00 from City Information Syatsms Prior Year Retained Earnings to the following accounts: $212,130.00 to City. Information Syatsrns i Account No. 0134)52 1602-9015. $50,000.00 to City Information Systems Account No. 0134)52-9814-9003. $16,000.00 to City Information Systems Account No. 0134)52-9808-9003. $30,000.00 to City Information Systems Account No. 0134)52-9809-9003. $40,000.00 to City Information Systems Account No. 0134)52-9810-9003. $63,370.00 to City Information Syetsme Account No. 0134)52-9811-9003. $37,500.00 to City Information Systems Account No. 0134)52-9812-9003. 330 $15,000.00 to City Information Syatams Account No. 013-052-9813-9003. $23,302.00 from other localities (Roanoke County - 43.97%, City of Salem - 9.75%, Botatourt County - t3.82%) for their shire of Library System upgrade to City Information System Account No. 013-052-t602.9015. Establish $23,302.00 eccounta receivable accounts. .i $29,t20.00 from Utility Line Services Prior Year Retained Earnings Account to Utility Line Services Account No. 015.956-2625-9015. $12,324.00 from Prior Year Capital Maintenance and Equipment Replacement Program to Fleet Management Account No. 017.952-2642-9010. $528,934.00 from Current Year Capital Maintenance and Equipment Replacement Program to the following accounta: $100,000.00 to the General Fund Transfers to ~-~ City Information Systems Account Nos. 001- ~ 004-9310.9513 and 013-052.9806-9003. $15,000.00 to Community Planning Account No. 00t-052.9110-20t0. $7,676.00 to Fire/EMS Account No. 001.950- 3213-2035. $50,000.00 to the General Fund Transfers to Capital Projects Fund Account No. 001-904- 9310-9508 and to an account to be established by the Director of Finance in the Capital Projects Fund. $121,380.00 to Parks and Recreation Accounts aa follows: $50,000.00 to Account No. 001- 052-4340-9015. 331 $13,880.00 to Account No. 001- 052-7t10-2066. $57,500.00 to Account No. 001- 052-4340-9065. $234,878.00 to Fleet Management 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: (#33329.040797) AN ORDINANCE to amend and reordain certain sections of the 1996-97 City Information Systems, Utility Une Services, Fleet Management, General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 384.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33329-040797. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, t/Vhite, Wyatt, Harris and Mayor Bowers 7. NAYS: Nono 0. At 4:10 p.m., the Mayor declared the meeting in recess. At 4:20 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Mambera of the Council in attendance. DIRECTOR OF FINANCE: BUDGET-TAXES: The Director of Finance submitted a written report advising that during the Financial Planning Session on March 8, 1997, Council requested a five-year projection of the financial impact on the General Fund revenues (fiscal year 1997-98 through fiscal year 200t-02) for reducing the Real Estate Tax rate, which request included the following scenarice: 332 Reduce the Real Estate Tax rate by $0.01 for each of the next five fiscal years (total $0.05); and I~ I Reduce the Real Estate Tax rate by $0.02 for each of the next five fiscal years (total $0.10). It was further advised that Council indicated that new or increased revenue aourcas would be considered as an alternative to shift real estate tax to a consumer type tax; and Council has scheduled a public hearing on May 5, 1997, for public comment related to the Real Estate Tax rata and the City Manager's recommended annual budget for fiscal year 1997-98 that will be presented to Council on April 21, 1997. The Director of Finance explained that the City Attorney advises that no local tax levy may be increased without public notice and public bearing; and in addition, another provision of State Cede requires that an increase in the Real Estate Tax levy be the subject of public notice and public hearing; therefore, it is recommended that Council establish any tax initiatives that may be considered for the fiscal year 1997-98 budget and authorize the appropriate legal advertisement prior to the May 5, t997, public hearing; and Council may keep its options open by advertising the higher rate, or, in the case of the Real Estate Tax, the .~ current rate: Mr. Grieso advised that tbs following Real Estate Tax altematives are available for Council's consideration, but not limited to just these alternatives: Reduce the Real Estate Tax rate January 1, t998 by $0.01 per $100.00: Reduction in Revenue - $177,000.00. Reduce the Real Estate Tax rate, effective July 1, 1997, by $0.01 per $t00.00: Reduction in Revenue - $354,000.00. Reduce the Real Estate Tax rate, effective July 1, 1997 by $0.02 per $100.00: Reduction in Revenue - $708,000.00. Concur in maintaining the current Real Estate Tax rata, subject to citizen comments during the May 5, 1997 public hearing. 333 ACTION: ACTION: He further advised that the following local lax initiatives are available for Council's consideration, but not limited to these alternatives: Establish a tan per cent Utility Tax on cellular telephone service, effective September 1, 1997: Utility Tax Revenue Increase $180,000.00. Increase Transient Room Tax from five per cant to six per cent, effective July 1, 1997: Transient Room Tax Increase - $253,000.00. Establish a seven per cent Utility Tax on cable television services, effective September t, 1997: Utility Tax Revenue Increase - $800,000.00. (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 and referred to 1997-98 budget study. INDUSTRIES-ECONOMIC DEVELOPMENT-DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of February 1997. (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. Council Member White requested that the Director of Finance report to Council on budget implications as a result of the announcement by Maple Leaf Foods, Inc., to expend its operations by constructing a new manufacturing plant in the Roanoke Centre for Industry and Technology. 334 ACTION: REPORTS OF COMMITI'EES: SEWERS AND STORM DRAINS-INDUSTRIES: Council Member Parrott, Chairperson, Bid Committee, preaentml a written report on behalf of the Committee, in connection with bids received by the City for construction of a sanitary sawer storm drain and detention pond at the Dean..wo~d... Industrial Park, located off Hollins Road, N. E. He advised that b,ds for the project were opened and read on Thursday, March 13, 1997; and two bids were received with S. C. Rossi & Co., Inc., submitting the Iow bid, in the amount of $73,475.00, and Aaron J. Conner, General Contractor, Inc., submitting a bid of $182,430.00. Itwee explained that the Iow bidder, S. C. Rossi & Co., Inc., not~l an exception to their bid to request a Change Order to tunnel the sanitary sewer crossing at coat, plus 15 per cent; the next lowest bid was submitted by Aaron J. Conner, General Contractor, Inc., in the amount of $t82,430.00, which bid i~ higher than funds available for the project; whereupon, the Committee recommended that Council reject all bids and madvertisa the project at a later date. The City Manager submitted a written report concurring in the recommendation of the committee. . (For full text, asa reports on file in the C,ty Clerk's Office.) Mr. Parrott offered the following resolution: (ff33330-040797) A RESOLUTION rejecting all bids for the construction of a sanitary sawer, storm drain and detention pond at the Dsanwood Industrial Park. (For full text of Resolution, see Resolution Book No. 59, page 387.) Mr. Parrott moved the adoption of Resolution No. 33330-040797. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Stain, Trout, White, Wyatt, Harris and Mayor Bowers. 7. NAYS: None -0. 335 ACTION: UNFINISHED BUSINESS: Nons. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-FIRE DEPARTMENT-CMERP-FLEET MAINTENANCE- EQUIPMENT: Ordinance No. 33301 amending sad reordaining certain sections of the 1996-97 General and Fleet Mansgsmsnt Fund Appropriations, providing for appropriation of $896,105.00 in connection with purchase of fire aerial apparatus, having previously been before the Council for its first reading on Monday, March 17, t997, read and adopted on its first reading and laid over, was again before the body, Mr. Parrott offering the following for its second reading sad final adoption: (~333014)40797) AN ORDINANCE fo amend and reordain certain sections of the 1996-97 General and Fleet Mansgsmsnt Fund Appropriations. (For full text of Ordinance, see Ordinance Book No. 59, page 373.) Mr. Parrott moved the adoption of Ordinance No. 33301-040797. The motion was seconded by Mr. Swain. Richard B. Sawer, Captain, Fire Deparbttent, requested that Council reconsider its vote which was taken on Monday, March 17, 1997, regarding purchase of the quint fire spparatus. On behalf of the Roanoke Firefightsre Association, he asked that Council review the overall picture, because firefighting is a labor intensive job, sad when just one position in fire suppression is eliminated, the burden is felt by ell of the men and women who place their lives on the line. He advised that it has been reported that one of Ute quints is to be housed at Fire Station No. 7, the ladder truck currently at Fire Station No. 7 is to be reassigned to Fire Station No. 2, and the tiller driver positions at Fire Station No. 2, one on each shift, will be eliminatsd. He stated that the tilisr driver is responsible for more than getting the fire truck to the scene of a fire - - he or she is assigned to search and rescue efforts which are a critical part of fireflghting. He explained that the three positions lost to fire suppression will be reassigned to the training 336 ACTION: department, and although the training department needs to be increased, it should not be done at the cost of fire suppression pereonnsl. He stated thet the quint units cannot carry all of the fire equipment end flreflghtare that both · ladder truck and a pumper currently can~j. Mr. Server assured the Members of Council, the City Admini~,,lion, and citizens of the City of Roanoke that firefightare are profes~ionais and they pledge to do the beet job to the best of their ability, regardless of Council's decision on whether to purchase the quint units. Ordinance No. 33301-040797 was adopted by the following vote: AYES: Council Members Parrott, Swain, White, and Mayor Bowers ...... 4. NAYS: Council Members Ha~is, Trout and Vice-Mayor Wyatt--3. PURCHASE/SALE OF PROPERTY-CiTY PROPERTY-INDUSTRIES- CAPITAL IMPROVEMENTS PROGRAM-ECONOMIC DEVELOPMENT- STREETS AND ALLEYS: Ordinance No. 33310 authorizing the City Manager and the City Clerk to execute and attest an agreement with A & M Enterprises, LLC. and Geoffrey M. Ottaway, providing for the sale to A & M Enterprises, LLC. of approximately 8.6665 acres of City- owned land for the sum of $346,660.00, and containing such other terms and conditions as set forth in a report to Council dated March 17, 1997, from the City Manager and as deemed necessary by the City Manager, having previously been before the Council for its first reading on Monday, March 17, 1997, 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: (~33310-040797) AN ORDINANCE authorizing the sale of 8.6665 acres of City-owned land to A & M Enterprises, LLC., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 59, page 374.) Mr. Harris moved the adoption of Ordinance No. 33310-040797. The motion was seconded by Mr. Swain and adopted by the following vote: 337 AYES: Council Members Swain, Trout, White, Wyatt, HarrLs and Mayor Bowers .. 6. NAYS: None 0. (Council Member Parrott abstained from voting.) ACTS OF ACKNOWLEDGEMENT-DECEASED PERSONS: Mr. Parrott offered tho following resolution memorializing the ista George B. Carbedge, Sr., Chairmen of the Board of Grand Piano & Fumiturs Co., and community leader: (~333314)40797) A RESOLUTION memorializing the late George B. Cartledge, Sr. (For full text of Resolution, see Resolution Book No. 59, page 388.) ACTION: Mr. Parrott moved the adoption of Resolution No. 33331-040797. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parmtt, Swain, Trout, White, Wyatt, I Harris and Mayor Bowers 7. NAYS: None ,,, 0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTS OF ACKNOWLEDGEMENT-DECEASED PERSONS: Council Member White requested that the City Attorney prepare the proper measure memorializing The Reverend Alfred S. Pmnty. BONDS/BOND ISSUES-SCHOOLS: Council Member White called attention to discussions with regard to increasing the size of the City's next bond issue by using funds which have been saved es a result of the re-engineering of City services in order to increase funds available for debt service, and inquired if the School system has taken similar action. The City Manager advised that he would discuss the matter with the Superintendent of Roanoke City Public Schools. 338 ACTION: ACTION: CAPITAL IMPROVEMENTS PROGRAM: Council Member Swain suggested that a flow chart/diagram be posted at various locations in the City informing citizens of the status of capital improvement projects which would include information on cost, commencement date, completion date, etc. il HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 4:55 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. 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 f~om open meeting requirements under the Virginia F~c. dom of Information Act; and (2) only such public business matters as were idenl]fied in any motion by which any Executive Session was convened ware heard, discussed or considered by City Council. The motion was seconded by Mr. Harem and adopted by the following vote: _ AYES. Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Boware 7. NAYS: None OATHS OF OFFICE-COMMITTEES-FIRE DEPARTMENT: The Mayor advised that there is a vacancy on the Board of Fire Appeals created by the ineligibility of Ross Hart to serve another term, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Bobby Lavender. There being no further nominations, Mr. Lavender was elected as a member of the Board of Firs Appeals, for a term ending June 30, 2000, by the following vote: FOR MR. LAVENDER: Council Members Parrott, Swain, Trout, Whats, Wyatt, Harris and Mayor Bowers 7. 'i 339 OATHS OF OFFICE4;OMMII-rEES-COMMUNITY PLANNING: The I Mayor advised that the..m., is a vacancy on the City Planning Commission creat~l by the insligibil,ty of John P. Bredshaw to serve another term, and called for nominations to fill the vacancy. Mr. Trout placed in nomination the name of Richard A. Rife. There being no further nominations, Mr. Rife was elected as s member of the City Planning Commission, for a term ending December 3t, 2000, by the following vote: ACTION: FOR MR. RIFE: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Mayor advised that there is a vacancy on the Roanoke Public Library Board created by the resignation of Mary C. Maier, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Basil Owens, Jr. There being no further nominations, Mr. Owens was elected as I a member of the Roanoke Public L!brery Board, to fill the unexpired term of Mary C. Maier, resigned, end,ag June 30, 1998, by the following ACTION: FOR MR. OWENS: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. ACTION: CITY CODE-ANIMALS/INSECTS: Mr. Harris moved that Council withdraw its March 17, 1997 request for a report from the City Manager on the issue of allowing the keeping of Vietnamese Pot Bellied Pigs within the corporate limits of the City of Roanoke. The motion was seconded by Ms. Wyatt and unanimously adopted. 34O There being no further business, the Mayor declared the meeting adjourned at 5:20 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor ii 341 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL April 21, 1997 12:30 p.m. The Council of the City of Roanoke met in regular seeeion in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, April 21, t997, at 12:30 p.m., the regulsr meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule t, ~ of Section 2-15, ~JJJ~_~ilG~l~, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Carroll E. Swain, William White, Sr., Linda F. Wyatt, C. Nelson Harris, John H. Parrott and Mayor David A. Bowers =,. ABSENT: Council Mamber James O. Trout OFFICERS PRESENT: W. Robert Herbert, City Manager; James Do Ritohie, Sr., Assistant City Manager;, William X Parsons, Assistant City Attorney; Wilbum C. Dibling, Jr. (arrived at 3:55 p.m.), City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clsrk. 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, 2t5 Church Avenue, S. W., with Mayor Bowers presiding and all Members of Council in attendance, with the exception of Council Member Trout. BUDGET-NEIGHBORHOOD ORGANIZATIONS-COMMUNITY PLANNING- GRANTS-YOUTH-EQUIPMENT: The City Manager introduced Diane S. Akers, Budget Administrator, and Vickie S. Tregubov, Grants Compliance Monitor, to present a briefing on the 1997-98 Annual Update to the United States Department of Housing and Urban Development Consolidated Plan. Ms. Akers advised that HUD informed the City that its overall entitlement will be $2,721,000.00 for tier. al year 1997-98, a decease of $42,000.00, or 1.5 per cent below fiscal year 1996 funding, and edditionally, revenue is estimated to be available from the following sources for fiscal year 1997-98: 342 $500,849.00 estimated program income generatmJ from CDBG and HOME projects, and i $555,627.00 is estimated to be available for transfer/carry-over from prior grant entitlement years, which is available for continuing projects. It was further advised that $3,787,476.00 is estimated to be available overall in entitlement, program income and available transfer/carry-over funds, which funds will leverage an estimated $2,113,053.00 in additional monies from Federal, State, local and private sources, for a total program scope of $5,900,529.00. It was explained that eight new and 47 previously funded projects are recommended; t5 ara not recommended for funding; and with 55 individual projects and activities funded in whole, or in part, with CDBG or HOME funds, the proposed fiscal year 1997 program has bccn designed to address the following coeds: housing, economic development, human services, neighborhood/community development, homelaes services and administration/planning. In conclusion, staff advised that the Annual Update to HUD'e Consolidated Plan is responsive to the stated concerns of the citizens of Roanoke and meets the regulatory requirements of HUD; it provides for housing improvements, homeless activities, activities for youth, business development, creation of new.job opportunities, human services, strengthening of neighborh_ood, organ,zations and adequate administrative oversight for the entire region; and ,t will allow the City to build upon the successes of the past and to meet eome urgent critical needs. Ms. Akera advised that on Monday, May 5, 1997, Council has scheduled a public hearing to receive the comments of citizens; and on May 12, t997, Council will be requested to authorize the City Manager to submit an approved 1997-98 Annual Update to HUD'e Consolidated Plan to the Richmond Office of the U. S. Department of Housing and Urban Development for review and approval. Eetslle H. McCadden, President, Melrose/Rugby Neighborhood Forum, addressed Council with regard to the purchase of a building to house office equipment and to conduct youth activities for the Melrose/Rugby Neighborhood Forum. She advised that the neighborhood organization has operated out of a building located at 1501 Lafayette Boulevard, N. W., that was provided free of charge for three and one-half years and, in exchange, the Melrose/Rugby Neighborhood Forum maintained the building, paid all utilities, and paid one-half of the insurance pramiume; however, the lease is about to expire. She stated that the neighborhood organization was informed by the City that it is one of the 15 organizations that was not recommended for funding, and on behalf of the Melrose/Rugby Neighborhood Forum, she requested one-time funding through the City's HUD Consolidated Plan. 343 The Mayor requested that Ms. McCaddan'e remarks be referred to the City Manager for further consideration and report to Council. Mr. Swain inquired about existing funds and future funds for Henry Street and the Gainsboro community; whereupon, the Mayor requested that the inquiry be referred to the City Manager for response. Vice-Mayor Wyatt inquired about five specific agencies that were recommended for funding, even though the agencies did not submit a formal request; whereupon the Mayor advised that the inquiry would be referred to the City Manager for report to Council prior to the May 5 public hearing on the Annual Update to the Consolidated Plan. The Mayor inquired ss to whether other local govemmente in the Roanoke Valley provide funds for community development, housing and homeies~ programs. At 1:00 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, April 21, 1997, 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 Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris, John H. Parrott and Mayor David A. Bowers 7. ABSENT: Nons OFFICERS PRESENT: W. Robert Herbert, City Manager;, James D. Ritchis, Sr., Assistant City Manager; William X Parsons, Assistant City Attomey; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend Thomas F. Stocks, Pastor, Rosalind Hills Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT-SiSTER CITIES: The Mayor Introduced former Mayor Bernard Dupuis, Saint-Lo, France, one of Roanoks'a sister cities, and presented Mr. Dupuis with an Honorary Ci'dzenship Ce~flcate and a Key to the City. He presented Mrs. Dupuis with a crystal star which is symbolic of the star on Mill Mountain. 344 ACTION: ACTION: communication from the Honorable W. Alvin Hudson, Sheriff, advising that the Roanoke City Jail wa. recently audited by the American Correctional Association and the National Commission on Correctional Health Care, and as a result of the audit, the Roanoke City Jail received two national eccraditationa, was before Council. (For full text, eee communication on file In the City Clerk's Office.) On behalf of the Membem of Council, the Mayor presented Sheriff Hudaon with · Key to the City !n recognition of outstanding achisvemente at the Roanoke City Ja,I. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council end would be enacted by one motion in the form, or forms, listed on the Consent Agenda, end if discussion was desire, d, that item would be removed fro.~m the Consent Agenda end considered separately. He c.alled specific attention to two requests for Executive Sessions to dlac._u~ a m..atter .regarding an economic development prospect, specmcally omcues,on of a prospective business or industry where no previous announcement has been made of the business' or industry's interest in locating its facilities in the community; and 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 convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, purauant to Section 2.1-344 (A)(1), Cede of Virginis (1950), es amended, was before the body. (For full text, see communication on fiis 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 authoriUee, boards, commissions and -/ 345 committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginis (1950), as amended. The motion waa ~econded by Mr. Swain and adopted by the following voto: AYES: Council Members Swain, Trout, ~ltite, Wyatt, Harrie, Parrott and Mayor Bowers 7. NAYS: None 0. ECONOMIC DEVELOPMENT-COUNCIL: A report of the City Manager requesting that Council convene in Executive Session to diecues a matter with regard to an economic development prospect, specifically a prospective business or industw where no previous announcement has bccn made of the business' or industry'e interest in Ioca~ng its facilities in the community, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk'e 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 an .economi.c development prospect, specifically a prospective bus,ness or industry where no previous announcement has been made of the business' or industry's interest in locating itt facilities in the community, pursuant to Section 2.t-344 (A)(5), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: Nono 0. HEARING OF CITIZENS UPON PUBLIC MATTERS: BUDGET-COUNCIL-PENSIONS: Clarence R. Martin, President, Roanoke City Retirees Association, advised that Roanoke City is the only city in the Commonwealth of Virginia that provides a lump sum 346 ACTION: payment for its retirees every other year. He requested that Council vote .a. gain~..t the lump sum payment and provide permanent pay raise, s for C,ty retirees. He reviewed comparative data from other Virgin,a Iooalitio~. The Mayor requested that the romark~ of Mr. Martin be referred to 1997-98 budget study. He also requested information on the types of benefite received by mt]red employees of other local governments in the Roanoke Valley. Mr. Swain inquired if the City's lump sum payments match the standard Coat of Living Adjustment (COLA) which is provided to Social Security recipients. PETITIONS AND COMMUNICATIONS: PARKS AND RECREATION-SPECIAL PERMITS- COMMUNICATIONS DEPARTMENT-LEASES-AIR RIGHTS-CABLE TELEVISION-EQUiPMENT: A communication from Dennis A. Barbour, Attomey, representing CEBE Investments, Inc., t/a WXLK-FM, requesting that the City of Roanoke permit CEBE Investments to assign its rights under.a .certain lease for four square feet of floor space in the transmitter bu,ld,ng atop Mill Mountain for use for FM translator · equipment, to Mel Wheeler, Inc., the new owner of WXLK-FM, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (~33332-042197) A RESOLUTION acknowledging the City of Roanoke's consent to the assignment, without rocouree, by CEBE Investments, Inc. t/a WXLK-FM (CEBE) of CEBE's Lease Agreement with the City dated June 30, 1982, to Mel Wheeler, Inc. (For full text of Rusolution, see Resolution Book No. 59, page 390.) Mr. Trout moved the adoption of Resolution No. 33332-042197. The motion was seconded by Mr. Swain and adopted by the following vote: 347 ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: Nono 0. BUDGET4~MERP-SCHOOLS-EQUIPMENT: A communication from the Roanoke City School Board requesting appropriation of $32,787.00 from the 1996-97 Capitel Maintenance and Equipment Replacement Program fund for purchase of instructional technology and faciiitiee equipment at Brsckinridge Middle School, fire suppression kitchen equipment at Patrick Henry High School, William Fleming High School, Madison Middle School, and Lincoln Terrace Elementary School; and further requesting appropriation of $71,073.00 for 1998 Eieenhowar Title II program funds to provide for activities to improve the akilla and knowledge of mathematics, ecienoa and technology teachers, which will be a continuing program to be reimbursed 100 per cent by Federal funds, was before Council. A report of the Director of Finance advising that the appropriation of $32,787.00 is the ninth appropriation of the School Board's fiscal year 1996 Capital Maintenance and Equipment Repiacsment Program funding of $2,132,372.00, which will iesve an unappropriated balance of $145,820.00; 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. Parrott offered the following emergency budget ordinance: (#33333-042197) AN ORDINANCE to amend and reordain certain sections of the 1996-97 School and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 390.) Mr. Parrott moved the adoption of Ordinance No. 33333-042197. The motion was seconded by Ms. Wyatt and adopted by the following vote: 348 ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: Nono 0. BUDG.ET-ROANOKE VALLEY RESO.U. RCE AUTHORITY: A communication from Kit B. Kiesr, Roanoke C,ty Representative to the Roanoke Valley Resource Authority, transmi~ng the Authority's fiscal year 1997-98 budget, in accordance with Section 5.9 of the Members Uae Agreement, dated October 12, t 99t, was before Council. It was advised that tipping fees for the charter member govemmente will increaae from the current rote of $50.00 per ton to $53.00 per ton; charter member governments' credit will reduce from $5.00 per ton to $3.00 per ton; and the net effect to the City is a $5.00 per ton increase in tipping fees. It was recommended that Council approve the fiscal year 1997-98 annual budget, in the amount of $8,494,960.00, which is a reduction of $t,797,495.00, or t7.5 per cent, from the 1996-97 budget resulting from the diversion of privately collected commercial refuse to private landfills. (For full text, see communication and annual budget on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (~33334-042197) A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 1997-t998, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 59, page 392.) Mr. Trout moved the adoption of Resolution No. 33334-042197. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None 0. 349 REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: BUDGET: The City Manager presented the proposed t997-98 fiscal year budget for the City of Roanoke, in the amount of $t61 million, which ia a 6.56 par cent increase over the current fiscal year. He advised that the proposed budget is designed to advance the community's vision for funding the school budget, focusing on neighborhoods, maintaining basic services and positioning the City to undertake numerous long term projects through the largest bond referendum in the City's history. He added that the recommended budget includes a one-cent reduction in the real estate tax rate as requested by Council. He advised that the recommended school budget for fiscal year 1997-98 is $86,485,938.00, which not only meets the local share required for the school budget, but includes an additional $54,755.00 in local funds for the schools' Pre.School Initiative program, a proactive program targeted at three to four year olds to help them become better prepared to entar echool, and with this additional funding, the adjusted school budget totals $86,540,693.00. He explained that one of the largest increases in existing programs in City government is a mandated expenditure of nearly $2.2 million for the Comprehensive Services Act, and a second major expanditure is the employee merit increase of 3.3 per cent of the mid point of each pay grade, which equates to $1.9 million. The City Manager explained that new programs recommended for funding include $15,000.00 for a Citizens Service Center, $100,000.00 for curb, gutter and sidewalk projects, nearly $52,000.00 for alley clean up and park restoration, and $19,200.00 to fund the City's share of the cust for a gresnway coordinator. He advised that the proposed budget will position the City for a $35 million to $37 million bond referendum which is planned for this fall and, if approved by the voters, the bond referendum will allow the City to address neighborhood school renovations, storm drainage, economic development and a number of critical long-term projects. The Director of Finance discussed General Fund Revenues which are included on Pages 21 - 25 of the 1997-98 Resource Allocation Plan. (See 1997-98 Resource Allocation Plan on file in the City Clerk's Office.) 350 Mr. Whito apoke in eupport of inetructing the City Manager to advertise a public hearing to be held on Monday, May $, 1997, at 7:10 J~ p.m., or es .s. oon thereafter es the matter may be heard, to consider implementation of a cellular telephone tax. '- Following discuesion, Mr. White moved that the question of impoeing a tax on cellular telephones be referred to 1997-98 budget study for consideration, and that the City Manager be instructed to advertise a public hearing to be held on Monday, May 5, 1997, et 7:t0 p.m., or aa soon thereafter ae the matter may be heard, in the Exhibit Hall at the Roanoke Civic Center. The motion was eeconded by Mr. Swain and unanimously adopted. The Mayor requested that the Director of Finance provide comparison figures on the amount of E-911 tax imposed by other local govemmenta in the Roanoke Valley region; whereupon, the Director of Finance advised that the infornmtion will be provided during fiscal year t997-98 budget study. ITEMS RECOMMENDED FOR ACTION: BUDGET.CITY MARKET4NSURANCE-DOWNTOWN ROANOKE, INCORPORATED: The City Manager submitted a wri .ttan report advising that Downtown Roanoke, Inco?~....ratad, was authonzed by Council on August 12, 1991, to act as the C,ty'e agent in management of the City Market, at a monthly fee of $833.33; and in August 1994, Council authorized a fee increase to $875.00 per month. It was further advised that the agreement with Downtown Roanoke, Incorporated, has expired and a new agreement has been negotiated which includes the following major points: An increase in the fee to $975.00 par month, effective with the new contract, July 1, t997. A one-year agreement with provision for three one-year extensions of the agreement with extensions requiring approval of both parties. 351 A provision that allowe for annual increases of the monthly management fee of up to $25.00, providing that collections in the preceding year were aufflclent to pay for the funds given to Downtown Roanoke and the projected collections will be sufficient to pay for the increase. The City Manager recommended that he be authorized to execute an agreement with Downtown Roanoke, Incorporated, 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: (~333354)42197) A RESOLUTION authorizing a contract with Downtown Roanoke, Incorporated, for the provision of certain services in the Roanoke City Market area, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 59, page 393.) ACTION: Mr. Parrott moved the adoption of Resolution No. 333354)42197. The motion was seconded by Mr. Harrie and adopted by the following vote: AYES: Council Member~ Swain, White, Wyatt, Harris, Parrott and Mayor Bowers 6. NAYS: Nono 0. (Council Member Trout was out of the Council Chamber.) CITY CODE-COMMUNITY PLANNING-EROSION/SEDIMENT CONTROL: The City Manager submitted a written report advising that neighborhoods, communities and individual property owners are all directly affected by the manner in which land development and building construction activities are undertaken and regulal~l within the City; and development of land and building construction generally requires the undertaking of a variety of land disturbing activi'des, among which are the following principal activities: 352 Clearing: removal of trees, brush, foliage, etc. Grading: removal of ground cover, grass, top soil, etc., to estsbli~h new ground elevations. Excavation: surface and subsurface digging, trenching, etc., to establish elevation for building foundations, utilities, etc. Filling: adding dirt, soil, etc., to lower elevatione to raise ground surfaces to higher levels. It wes further advised that land disturbing activities, if improperly regulated, can result in the uncontrolled erosion of land and the movement of sedimentation (mud, silt, etc.) onto and through adjacent and other downstream properties; public complaints and protests arising from unauthorized land dieturbing and building construction activities are frequently received by the City, which incidents occasionally evolve into controversial and time consuming situations between adjacent property owners, developers, buildera or contractors, and the City; the Code of Virginia authorizes localities to adopt local ordinances to regulate and control land disturbing activities; and Council adopted an erosion and sediment control ordinance 22 years ago, which is now outdated and inconsistent with current Stats erosion and sediment control laws and regulations. It was explained that the erosion and sediment control ordinance as proposed for adoption provides many new and more effective measures to minimize the adverse effects of land disturbing activities on other downstream properaes and the land and water resources of the City at large, as follows: Land development projocta not exempted under the provisions of the proposed new Chapter 11.1, Erosion and Sediment Control, shall be required to submit and obtain approval from the City of an erosion and sediment control plan that is consistent with current Stats erosion and sediment control laws and regulations. Proposed new Chapter 11.1, Erosion and Sediment Control, provides for more effective and detailed regulations to govern the manner in which development projects shall be monitored and inspected by the City. 353 ACTION: The City Manager recommended that Council adopt a measure repealing Chapter 1t, Erosion and Sediment Control, of the Code of the City of Roanoke (1979), es emended, end to adopt · new Chapter 11.1, Erosion end Sediment Control, of the Code of the City of Roanoke (1979), as emended. (For full toxt, sea report on file in the City Clerk's Office.) Mr. Swain offered the following emergency ordinance: (~33336-042t97) AN ORDINANCE repealing Chapter 11, Er~ion and Sediment Control. of the Code of the City of Roanoke (1979), as amended, and adopting new Chapter 11.1, Erosion and Sediment Control. of the Code of the City of Roanoke (1979), as amended, to provide for the conservation of land, water, air and other natural resources of the City and to provide for the administration and enforcement of certein reguistions and procedures necessary to ensure the implementation of appropriate and essential conservation measures and prscticea relating to erosion and sediment control; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 394.) Mr. Swain moved the adoption of Ordinance No. 333364)42197. The motion was seconded by Mr. Harris and adopted by the fo#owing vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: Nono 0. BUDGET-SEWERSAND STORM DRAINS-MAPS-GRANTS-FLOOD REDUCTION/CONTROL-SOIL CONSERVATION-CITY MAPPING PROGRAM-WATER RESOURCES: The City Manager submitted a written report advising that on June 12, 1995, Council authorized execution of an agreement with the U. S. Army Corps of Engineers, which provided for preparation of topographic and orthophotu mape of the City under the Planning Assistance to States Program; the Program provides Federal matching funds to help localities support mapping and flood planning activities, and a five-year program to provide digital topographic and orthophoto maps of the City was developed with the 354 sOnCd?..o_f_E_n.g~i.n.ee.m.; th.e.C, ity has provided $100.000.00 in funding in Xu,r ,~o-uo, wn,.c.n amount has I~cn matched with Federal ng; and continued City funding of the program for fmcal year 19..96~. 97 of $100,000.00 ha~ been budgeted, with $50,000.00 from the Cap,tel Idaintenance and Equipment Replacement Program and $25,000.00, each, from the Water Fund and the Sewer Fund. It was explained that City 8taft has been advised that Federal matching funds may not be available or may be drastically reduced for the current year for the mapping project; the Commonwealth of Virginia Department of Consewation and Recreation (DCR) provides edm. inletrative assistance to the.Corps of Enginssra for the Planning Ass~etenco Program; upon leam~ng of the elimination or reduction of current year Federal matching funds for the program, representatives of the DCR recommended that the City make application for · $t00,000.00 matching grant from the Virginia Soil and Water Conservation Board Flood Protection and Assletence Fund to offset the loss of Federal matching funds and to allow the mapping project to continue on schedule; the City has aubmitlmJ a preliminary application for the funds and anticipates favorable consideration by the Board; and final application for the $t00,000.00 grant from the Flood Protection and Assi~te.nce Fund requires that Council adopt a resolution formally requesting assistance. The City Manager recommended that Council concur in the following actions: Adopt a resolution requesting a $100,000.00 grant from the Virginia Soil and Water Conservation Board Flood Prevention and Protection Assistance Fund for the purpose of matching City funds to complete digital topographic and orthophote mapping of the City of Roanoke. Authorize the City Manager to execute an agreement with the Corps of Enginssra to continue the mapping project if Planning Assistance to States funding is available. Appropriate $25,000.00 from the Water Fund Prior Yeara Retained Earnings into Account No. 002-056-2178-904t, Corps of Engineers Mapping Project, $25,000.00 from the Sewer Fund Prior Year Retained Earnings into Account '1 355 ACTION: ACTION: No. 003-056-3t75-9041, Corp~ of Engineers Mapping Project, and transfer $50,000.00 from the General Fund Capital Maintenance and Equipment Replacement Fund to Account No. 008-056-9654-9003, 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: (~33337-042197) AN ORDINANCE to amend and reordain certain sections of the t996-97 Water, Sewage Treatment, General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 411.) Mr. Parfait moved the adoption of Ordinance No. 333374)42197. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Beware 7. NAYS: None 0. Mr. Parrott offered the following resolution: (#33338-042t97) A RESOLUTION authorizing application to the Virginia Soil and Water Conservation Board Flood Prevention and Protection Assistance Fund on behalf of the City for the purpose of obtaining a matching grant to complete digital topographic and orthophoto mapping of the City of Roanoke; authorizing execution of any and all necesssrJ documents pertaining to such application and acceptance of such grant; and authorizing the City Manager to execute an agreement with the U.S. Army Corps of Engineers to continue the mapping project if matching funds become available from either State or Federal sources. (For full text of Resolution, see Resolution Book No. 59, page 413.) Mr. Parrott moved the adoption of Resolution No. 33338-042197. The motion was seconded by Mr. Swain and adopted by the following vote: 356 AYES: Council Ilk)mi)em Swain, Trout, Whits, Harris, Parrott and Mayor Bowem C. ~' NAYS: Non: O. (Vica-Mayor Wyatt was out of the Council Chamber.) BUDGET-BONDS/BOND ISSUES-CAPITAL IMPROVEMENTS PROGRAM-DOWNTOWN ROANOKE, INCORPORATED-STREETS AND ALLEYS-BRIDGES: The City Manager submitted a written report advising that the primary pedestrian connection between Jefferson Street and the Historic Market area occurs via Jefferson Street and Market Street; the pedestrian "walkway" is poorly defined along the alley, and not well illuminated after dark; proposed improvements will lead to an increase in the level of ect]vity between the Historic Market area and Jefferson Street, and hopefully to West Kirk Avenue beyond, thus, encouraging the filling of vacant storsfronts and replacement of lost tax revenues from the closed or relocated businesses; and, in addWon, the project will enhance safety to pedestrians through means of visual separation from vehicular traffic and intensified levels of illumination after dark. ir wis further advised that .the current Capital Improvements · ~ Program includes the proposed ,mprovements project under the "Streets and Sidewalk" category and allocates $53,000.00 for the required work; several preliminary design concepts were prepared by staff of the Office of City Engineer and reviewed with various entities; the scope of work for the project, based on an approved preliminary concept, entails overlaying the present street with a "pettemed" bituminous surface course (asphalt pavement), construction along the north side of Kirk Avenue of a new concrete walk with a masonry "edge" treatment to visually separate the walk from the "street", construction of three new crosswalks using masonry paver materials at the intersection with Jefferson Street, Market Street, and mid-block at the entrance to Century Park, additional complementary light fixtures, installation of new "banners" (vertical flags) emblazoned with the proposed "Market Street" logo hung from various buildings along the alley, and new hanging flower baskets; and to reduce costa, a recommendation is being made to solicit separate quotations for the concrete walks and masonry pavers, the bituminous overlay, light fixtures, and for the banners and hanging baskets. 357 ACTION: It was explained that the revised design for Kirk Avenue was reviewed and received a favorable response at s presentation held by Downtown Roanoke, Incorporated, on March 26, 1997, which design incorporated commente that ware received in response fo previous meetings with interested pares; bids for the concrete work and bituminous pavement will be solicited in early May, and bids for other work and/or enlmncemente will be requested es timing for the concrete and pavement work allows, with all work on the project anticipated to be completed in the fall of t997. The City Manager recommended that Council appropriate $53,000.00 from the sale of 1996 bonds, Account No. 008-052-970t- 9t91, to a Capitel Projects Fund entitJed, "Kirk Avenue Improvements" to be established by the Director of Finance; and, in addition to the actual coat of construction, the funds will be used for expanses related to publicly advertising the project for bids (approximately $250.00) and for reproduction coats relabKi to printing and distributing the documents (approximately $150.50). (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33339-042197) 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 414.) Mr. Trout moved the adoption of Ordinance No. 33339-042197. The motion was seconded by Mr. Harris and adopted by the following vote: Mayor Bowam .......... NAYS: Non: (Vice-Mayor Wyatt was out of the Council Chamber.) AYES: Council Members Swain, Trout, White, Harris, Parrott and 6. 358 ACTION: BUDGET-ROANOKE CIVIC CENTER-CMERP-EQUIPMENT: The .C.i? .Manager eubmitted a written report advising that the Capital malntensnce and Equipm. e.n.t Replacement Program hae identified the need to renovate the exmting rigging eyetam in the Roanoke Civic Center Auditorium, which renovations would consist of major repairs and maintenance to mechanisms controlling curtain operation, fire curtain release system, safety cables fur light eyatanm counterweights and other related operational requirements; and epeciflcations were developed, bide were adve~sad end received on March 20, 1997, The City Manager recommended that Council concur in the following actions: Authorize award of a contract, in a furm to be approved by the City Attorney, to Custom Rigging Systems, Inc., at a total coat of $98,027.00. Transfer $98,027.00 from the Capital Maintenance and Equipment Replacement Program fu Roanoke Civic Center Account No. 005-056-8603-9003. Reject all other bids received by the City. (For full text, see report on file in the City Cisrk'8 Office.) ' I Mr. Swain offered the following emergency budget ordinance: (#33340-042197) AN ORDINANCE to amend and reordain certain sections of the 1996-97 General and Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 415.) Mr. Swain moved the adoption of Ordinance No. 33340-042197. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Member~ Swain, Trout, White, Harris, Parrott and Mayor Bowers. 6. NAYS: None 0. (Vice-Mayor Wyatt was out of the Council Chamber.) 359 ACTION: Mr. Swain offered the following emergency ordinance: (#33341-042197) AN ORDINANCE eccapting the bid of Custom Rigging Systems, Inc. to renovate the existing rigging system at the Roanoke Civic Center Auditorium, upon certain terns and conditions, and awarding a 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 in emergency. (For full text of Ordinance, ese Ordinance Book No. 59, page 416.) Mr. Swain moved the adoption of Ordinance No. 33341-042197. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: Nono O. At this point, the City Attorney entered the meeting. BUDGET-REFUSE COLLECTION-CMERP-FLEET MAINTENANCE FUND-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the nccd for two side4oading refuse trucks to support the new refuse collection program; end specifications were developed and bids were advertised and received on March 14, 1997. The City Manager recommended that Council concur in the following actions: Authorize the purchase of refuse collection equipment, follows: Two new truck cab/chassis from Virginia Truck Center, Inc., at · total cset of $84,312.00; and Two new side-loading refuse bodies to be mounted on the above cab/chassis from Cavalier Equipment Corporation, at a total cost of $37,500.00. 360 ACTION: Transfer $121,812.00, as foliow~: Transfer $61,926.~00 from General Fund I Transfera to Capltel Account No. 001-004- 93t0-9508 to General Fund Transfera to Fleet Management Account No. 001-004- 9310-9506; and appropriate $61,926.00 to Fleet Management Account No. 01;-052- 2642-9010; and Appropriate $59,886.00 from Capital Maintenance end Equipment Replacement Program to General Fund Transfera to Fleet Management Account No. 001-004-9310-9506 and 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, Parrott offered the following emergency budget ordinance: (tt33342-042197) AN ORDINANCE to amend and reordain I certain ?.c. tions of the 19.96-97 General and Fleet Management Fund Appropnedone, and providing for an emergency. (For full text of Ordinance, ese Ordinance Book No. 59, page 417.) · M.r. Parrott moved the adoption of Ordinance No. 333424)42197. Tn~..motion was seconded by Mr. Harris and adopted by the following AYES: Council Membera Swain, Trout, Wttite, Wyatt, Harris, and Parrott. 6. NAYS: None. 0. (Mayor Bowers abstained from voting.) 361 ACTION: Mr. Parrott offered the following re~oluUon: (#33343-942197) A RESOLUTION accepting the bids for pumhase of refuse collecUon equipment, upon certain terms end condiUons; and rejecting all other bide made for such iteme. (For full text of Resolution, eee ResoluUon Book No. 59, page 419.) Mr. PalTott moved the adoption of Resolution No. 33343-042197. The motion wa, eeconded by Mr. Hattie and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harrie, and Parrott 6. NAYS: Nono . 0. (Mayor Bowers abstained from voUng.) BUDGET-POLICE DEPARTMENT-TRAFFIC-CMERP-FLEET MAINTENANCE FUND-EQUIPMENT: The City Manager eubmitted a written report advising that the Capital Maintenance and Equipment Replacement Program hae identified the need to replace certain vehicular equipment, viz: a one-ton pickup I~uck for the Strecte/Treffic Depa,~,,ent, one cargo van for the Police Department, and one truck cab/chaesie with knuckle boom crane for the Stresta/Traffic Department; and the equipment hae bccn or will be bid in accordance with the City'e Procurement Code. The City Manager recommended that Council appropriate $94,752.00 from the Capital Maintenance and Equipment Replacement Program to General Fund Transfers to Flest Management Account No. 001-004-9310-9506 and to Fleet Management Account No. 0174)52-2942. 9010, ae follows: $17,850.00 for one one-ton pick-up truck, $18,250.00 for one cargo van, $33,299.00 for one truck cab/chassis, and 362 ACTION: $25,293.00 fore knuckle boom crane to be mounted on the above cab/chassis. I (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (~33344-042197) AN ORDINANCE to amend and reordain certain sections, of the 1996-9.7. General end Fleet Management Fund Appropriations, and prov,d,ng for an emergency. (For full text of Ordinance, ess Ordinance Book No. 59, page 420.) Mr. Harris moved the adoption of Ordinance No. 33344-042197. The motion was seconded by Mr. Swain end adopted by the following vote: AYES: Council Membere Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Boware 7. NAYS: None CITY ATTORNEY: CITY CODE.C"IUNCIL.NL=WSPAPERS.SCHOOLS: The City Attorney submitted , written report advising that by letter dated April 14, 1997, the r ~puty City Clark informed Council of a mistake made by The Roanoke TimAI in advertising the public hearing regarding the election of School Board members; due to this error, the public hearing due to be held at 7:00 p.m., on this date, April 21, 1997, will have only six days notice, rather than the tan days notice required by the Code of Virginia (1950), as amended, and the Code of the City of Roanoke (1979), as amended; and, in addition, the public interview of candidates scheduled for April 24, 1997, will have public notice of nine days, rather than the ten days notice required by the City Code. The City Attorney further advised that the newspaper's error is correctable although it will require some adjustment of Council's proposed schedule for the election of School Board Trustees; and the following schedule, which proposes to conduct the already- advertised public hearing on April 21, is recommended for Council's consideration: 363 April 21 - Conduct scheduled public hearing on School Board candidatas (6 days notice given) April 24 - Conduct scheduled public interview of candidates (9 days notice given) May 5 - Conduct second public hearing in order to comply with ten-day notice requirement of the State Code May 12 - Election of School Board membere at special meeting currently scheduled to adopt the budget (State Cods requires at least seven days between public hearing and election). (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#333454)42197) AN ORDINANCE establishing a schedule for election of school t~ustees and public heeringa relating thereto and waiving certain provisions of the City Code relating to notice of public hearing and notice of public interview; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 421.) ACTION: Mr. Harris moved the adoption of Ordinance No. 33345-042197. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: Nor.: O. CiTY EMPLOYEES-HUMAN DEVELOPMENT-CITY ATTORNEY: The City Attorney submitted a written report advising that during 1996-97 budget study, the Office of City Attorney recommended that additional funds be provided to enable the Office to provide more intensive representation of the Department of Social Services (DSS); Council was advised that devotion of additional legal resource~ to 364 ACTION: representation of DSS would result in considerable cost avoidance to .the City through vigorous advocacy in opposing extremely costly and ,napproprlate placement of foster cam children which needlessly consumes untold City dollars, more intensive legal representation in defending against "dumping" cases where another locality improperly attempte to transfer its fosfer care or other social service obligations to the City of Roanoke; and Council approved a general fund budget, which included funds for a half-time Assistant City Attorney to represent the Depo,;,,,ent of Social Service~. It was further advised that Allen T. Wilson was appointed as a half-time Assistant City Attorney dedicated to representation of the Deportment of Social Services; whereupon, the City Attorney pointod out that Council's decision to fund a half-time (twenty hours per week) Assistant City Attorney to represent the Deportment of Social Services is proving extremely cost effective; and vigorous representation of the Deporlment of Social Services should have a deterrent effect on deportments of surTounding jurisdictions that might seek to dump their problems on the City of Roanoke. (For full text, see report on file in the City Clerk's Office.) Without.objection by Council, the Mayor advised that the report '' would be rece,ved and filed. REPORTS OF COMMITTEES: BUDGET-SEWERS AND STORM DRAINS-CAPITAL IMPROVEMENTS PROG. RAM: 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 Connection/Water Pollution Control Plant; whereupon, the Bid Committee recommended that Council approve the following actions: Authorize the City Manager to enter into a contractual agreement, in a fo,,,, to be approved by the City Attorney, with Crowder Construction Co., Charlotte, North Carolina, in accordance with contract documents as prepared by Matt~rn & Craig, Inc., Consulting Engineem/Surveyore, in the amount of $1,865,800.00 and 180 consecutive calendar days to complete the work. 365 Transfer $822,002.00 for the City's share of the agreement from Sewage Fund Account No. 003-056-8465-9001 to a new account entitled, "Tinker Creek Interceptor Connection", to be established by the Director of Finance; appropriate $1,043,798.00 to the saree account from funds to be provided from other localities, for a total funding of $1,865,800.00; and establish an eccounta receivable in the sams amount. ACTION: Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see report~ on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#33346-942197} 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 423.) Mr. Parroti moved the adoption of Ordinance No. 33346-042197. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: Nono 0. Mr. Parrott offered the following emergency ordinance: (#33347-042197) AN ORDINANCE accepting the bid of Crowder Construction Co., for the Tinker Creek Interceptor Connection Project upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 424.) 366 ACTION: ACTION: Mr. Pawott moved the adoption of Ordinance No. 333474)42197. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None 0. AIRPORT-TRAFFIC-STATE HIGHWAYS-REGIONAL CHAMBER OF COMMERCE-COMMUNITY PLANNING-GRANTS-TRANSPORTATION SAFETY-FIFTH PLANNING DISTRICT COMMISSION-GREENWAY SYSTEM: A report of the City Planning Commission advising that on March 19, 1997, Daniel G. Oakey, Vice President, Roanoke Regional Chamber of Commerce, briefed the Planning Commission with regard to a study on the future of transportation in western and southwestern Virginia, which study was prepared by the Chamber's Regional Transportation Committee, was before Council. it was explained that the study includes recommendations to improve the region's transportation infrastructure including highways, public transportation, a!rporte, rail, bikeways, and greenwaya, and the Transporta.tion Committee's mission was to perform a study of transportation infrastructure needs within The New Century Council region and beyond. Following consideration of the matter, the City Planning Commission recommended that Council endorse the report with the exception of the recommendation supporting proposed legislation known as the ISTEA Integrity Restoration Act referred to aa "STEP 2t" legislation. It was noted that while members of the City Planning Comm~.msion sup.po..rt many aspects of .the proposed STEP 2t legislation, the existing proposal does not ,nclude dedicated Federal funding programs for community enhancements, clean air projects, safety improvements and bridge repairs created by the original ISTEA legislation approved by Congress in 1991. (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 Planning Commission. The motion was seconded by Ms. Wyatt and unanimously adopted. 367 UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: DECEASED PERSONS: Mr. Harrla offered the following resolution memorializing the late Reverend Dr. Alfred S. Prunty: (#33348-042197) A RESOLUTION memorializing the late Reverend Dr. Alfred S. Prunty (For full text of Resolution, see Resolution Book No. 59, page 425.) ACTION: Mr. Harris moved the adoption of Resolution No. 33348-042197. The motion waa seconded by Mr. Swain and adopted by the following vote: AYES: Council Membere Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Beware 7. NAYS: None . .0. I HOUSING/AUTHORITY-COUNCIL: Mr. Hams offered the follovang resolution reecheduling the time and place of commencement of the regular meeting of City Council from 12:30 p.m., Monday, May 5, 1997, to 12:00 noon, Monday, May 5, 1997, at the Emergency Operations Center Conference Room, Room 159, First Floor, Municipal Building, 215 Church 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.: (#33349-042197) 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 5, 1997. (For full text of Resolution, see Resolution Book No. 59, page 427.) ACTION: Mr. Harris moved the adoption of Resolution No. 33349-042197. The motion was seconded by Mr. Swain and adopted by the following vote: 368 ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Pawot/and Mayor Bowar~.. 7. NAYS: Nono 0. BUDGET-TAXES4~OUNCIL-SCHOOLS: Mr. Harris offered the following resolution eeteblishing a special meeting of Council to be held on May 12, 1997, at 6:00 p.m., in the City Council Chamber, Municipal Building, 216 Church Avenue, S. W., for the purpose of adopting the proposed annual budget for the City of Roanoke for fiscal year 1997-98, and related matters, and for election of three School Board Trustees for three three-yeer terms of office commencing July 1, 1997: (#33350-042197) A RESOLUTION establishing the date of a special meeting of the Council of the City of Roanoke. (For full text of Resolution, ~ee Resolution Book No. 59, page 427.) Mr. Harris moved the adoption of Resolution No. 33350-042197. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrot/and Mayor Bowers 7. NAYS: None BUDGET-TAXES-COUNCIL-HOUSINGIAUTHORITY-GRANTS. COMMUNITY PLANNING: Mr. Harris offered the following resolution establishing a special meeting of Council to be held on May 8, 1997, at 7:00 p.m., in the Exhibit Hall, Roanoke Civic Center, 710 Williamson Road, N. W., for the purpose of holding a public hesHng regarding the General Fund Budget for fiscal year 1997-98, proposed tax increases, and the Annual Update to HUD'e Consolidated Plan: (#33351-042197) 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. 59, page 428.) 369 ACTION: Mr. Harris moved the adoption of Resolution No. 33351.042197. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Member~ Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers... 7. NAYS: Non-- MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTION: PARKS AND RECREATION.CITY JAIL-CITY SHERIFF-COUNCIL: Council Member Harris commended Sheriff Hudson for providing the services of inmates from the Roanoke City Jail to assist with cleanup efforts in the City's parks and recreation facilities. Council Member White expressed concern aa to how the City's parks and recreation system reached the point where such cleanup/ repairs were necessary, and requested a status report from the City Manager. BUDGET-COUNCIL-VISION STATEMENT: Council Member Harris inquired about the statue of the City's Visioning Workshops; whereupon, Vice-Mayor Wyatt advised that work will resume on the project following adoption of the fiscal year 1997-98 budget in mid-May. CITY EMPLOYEES: Council Member Swain advised that there is a perception by some City employees that qualified African-American employees are not promoted to higher paying City jobs. He further advised that the City should develop a strong in-houss training program for its employees. Without objection by Council, the Mayor advised that the remarks would be referred to the City Manager. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 4:40 p.m., the Mayor declared the meeting in recess. 370 ACTION: ACTION: At 5:30 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers preaiding, and ell Members of the Council in attendance. COUNCIL: W'dh 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 exemptmJ from open meeting requirements under the Virginia Frccdom of Information Act; and (2) only such public business matters as were identifisd 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, Wyatt, Harris, Parrott end Mayor Bowers 7. NAYS: None 0. OATHS OF OFFICE-COMMITTEES-MENTAL HEALTH SERVICES- BLUE RIDGE COMMUNITY SERVICES: The Mayor advised that there is · vacancy on the Blue Ridge Community Services Board of Directors created by the resignation of OnzJee Ware and called for nominations to fill the vacancy. Ma. Wyatt placed in nomination the name of Delores Y. Johns. There being no further nominations, Ms. Johns was elected as a member of the Blue Ridge Community Services Board of Directors to fill the unexpired term of Onzlee Ware, resigned, ending December 3t, 1998, by the following vote: FOR MS. JOHNS: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Beware OATHS OF OFFICE.COMMII-I'EES-GREENWAY SYSTEM: Pursuant to Ordinance No. 33308-031797, adopted by Council on March 17, 1997, authorizing an Intergovernmental Agreement establishing the Roanoke Valley Greenway Commission between the City of Roanoke, City of Salem, County of Roanoke end Town of Vinton, the Mayor opened the floor for nominations. Ms. Wyatt placed in nominal]on the name of Delvis O. McCaddon. Ii* 371 Mr. Parrott placed in nomination the name of Lucy Ellett. There being no further nominations, Mr. McCadden was appointed for a term of two years ending April 30, 1999, and Ms. Ellett wes appoint~l for a term of three yeare ending April 30, 2000, aa members of the Roanoke Valley Greenway Commission, by the following vote: ACTION: FOR MR. MCCADDEN AND MS. ELLEI-I': Council Members Swain, Trout, White, Wyatt, Harria, Parrott and Mayor Bowers 7. VIRGINIA MUNICIPAL LEAGUE-COUNCIL: Pursuant to a communication from R. Michael Amyx, Executive Director, Virginia Municipal League, under date of March 20, 1997, the following parsons ware nominated for appointment to Virginia Municipal League Policy Committss~: Community and Economic Development and Public Safety - James O. Trout Environmental Quality - Kit B. Kiesr Finance - James D. Grieso General Govemment- C. Nelaon Harris Human Development and Education - Linde F. Wyatt Transportation - Carroll E. Swain At 5:35 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Monday, April 21, 1997, 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, Mayor Bowers preeiding. 372 PRESENT: Council Membem Carroll E. Swain, Jame~ O. Trout, William White, Sr., Linde F. Wyatt, C. Nelson Harris, John H. · Parrolt and Mayor David A. Bowers. 7. ! ABSENT: Nono 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. Perker, City Clerk. The reconvened meedng was opened with a prayer by Mayor Bowar~. The Pledge of Allegiance to the Flag of the United States of America was led by Bey Scout Troop No. 2, Raleigh Court Presbyterian Church. PROCLAMATIONS: The Mayor presented a proclamation declaring Thuraday, May 1, 1997, aa Epeilon Sigma Alpha International Day in the City of Roanoke. I (For full text, see Proclamation on file in the City Clerk's Office.) HEARING OF CITIZENS UPON PUBLIC MAI'rERS: CITY CODE-ANIMALS/INSECTS: Ma. Patricis Earls, 717 Mississippi Avenue, N. E., addressed Council in connection with a previous request that Council repeal that section of the City Code prohibiting the keeping of swine in the City of Roanoke, in order to allow Vietnamese Pot Bellied Pigs aa a permitted household pet. She advised that the pot bellied pig ia a clean animal and a rabies vaccination is available. She explained that her pot bellied pig provides motivation to her eon who has a Issming disability, and the pig has become a part of her family. She added that according to the U. S. Daparlment of Agriculture, pot bellied pigs that ara private pete are not classified as livestock. She suggested that if that section of the City Code is repealed to allow swine in the City of Roanoke, requirements with regard to size, weight and licensing should be imposed. She requested that Council open its mind and its heart and allow her son to keep hie pal 37'3 ACTION: Me. Emma Saundere, 421 Woat Cleveland Avenue, Vinton, Virginia, appeared before Council in aupport of the request of Ms. Earls. Mr. Trout moved that the remark~ be received end filed. The motion was seconded by Mr. Swain and adopted. SCHOOLS: Pursuant fo Sect]on 9-20.1, Public hearing before appoih;,,,ent of School Board members, of the Cods of the City of Roanoke (t979), es emended, the City Clerk having adverlised a public hearing to be held on Monday, April 21, 1997, et 7:00 p.m., or aa soon thereafter aa the matter may be heard, the matter was before the body. The Mayor advised that prior to the public intsrview of candidates for the posit]on of School Truetee which is required by Section 9-21 of the City Code, and prior to April 30, Council shall hold a public hearing to receive the views of cit]zena with regard to School Board appointments, and no applicant shall be appointed to the School Board unless such applicant's name hoe been considered at a public hearing. Adver~sement of the public hearing was published in The ~ on Tuesday, April 15, 1997, and in the ~ on Thursday, April 17, 1997. (See publisher's affidavits on file in the City Ciark"s Office.) The Mayor further advised that on Monday, April 7, 1997, Council selected the following persons to be accorded the public interview on Thureday, April 24, 1997, at 6:00 p.m., in the City Council Chamber, for appointment to the Roanoke City School Board for three year terms of office commencing July 1, t997, end ending June 30, 2000: Sherrie M. Boone F. B. Webster Day Mareha W. El#son Joann Hamidullah Sherman P. Lea Michael L. Ramsey 374 In view of tho fact that 17 persons had registered to speak, the Mayor requested that each speaker limit their remarks to two minutes. Mr. Michael F. Urbanski, 10 South Jefferaon Street, spoke on behalf of the application of Mr. F. B. Webetar Day. He advised that Mr. Day has the characteristics of integrity, good judgement and humility; he is a careful and conservative attorney and his knowledge of financial issues through hie day to day handling of bond matters will be of benefit to the school system as it deals with budgets and concerns over the financing of capital improvements in the coming ysere. He stated that Mr. Day is a man who is committed to the youth of the Roanoke community, he is the father of three boys at the elementary school level, and he has an important stake in seeing that the school system meets its goals of raising the level of academic performance, lowering the drop-out rate, and insuring that Roanoke's schools are safe pisces in which to learn. He added that Mr. Day is a person of the highest personal integrity, with a deep sense of commitment to his family, and a person who will exercise sound judgment in the best interest of Roanoke's children. Ms. Marilyn L. Curtis, 1718 Jersey Avenue, N. W., spoke on behalf of the application of Ms. Maraha W. Ellison. She advised that f~.. ':1~ Ellieo. n is a fair-minded individual who has tackled many problems in a serious manner, and she has a great knowledge of personnel in the various schools because of her work with the Central Council PTA. She stated that after being selected by her fellow School Board Members, Ma. Ellison assumed the duty of School Board Chair, and regardless of how difficult or complicated some decisions were, she addressed them with diplomacy and tact. She advised that Ma. Ellison listens to City Council's requests and insists that Council receive answers within a reasonable period of time, and she will continue to be an asset to the School Board while working with the school administration, parents, citizens and students to provide continuity to school programs for the upcoming year. She stated that Council's favorable consideration of Mareha Ellison for a second term on the Roanoke City School Board will be appreciated. Mr. R. Daniel Carson, Jr., 2006 Knollwood Avenue, S. W., spoke on behalf of the application of Ma. Maraha W. Ellison. He advised that Me. Ellison is a conscientious person, who, if reappointed, will work diligently to understand and represent the interests of Roanoke'e students in an effective manner. He advised that during her first term on the School Board, she visited every school in the City and attended 375 every School Board meeting, she wee elected Chair of the School Board, and she actively par~cipet~l in many school and education related ectivilhm, including echool prmmntatione, swarth eesembliee, science him, and the visioning procm as it relat~m to education, etc. He advised that ih. Ellison hae high expectatiorm for the echool eyetem which faces many difficult challengee, and he submitted that the echool eyetem neede people like Ms. Ellison with the knowledge, experience and re~olve to eec and to experience things first hand. Mr. Sheriey E. Stuart, 3274 laura Ridge Road, N. W., spoke in support of the application of Mr. Sherman P. Lea. He advised that Mr. Les is an honorable, Christian man who works for the prison system and will bring a different point of view to the young people in the City of Roanoke. He added that Mr. lea is always available when needed, he ie willing to listen before he epealt~, and he ts active in the Booster Clube at variotm echoois. Mr. Daniel E. Fittz, 327t Sommersby lane, Troutville, Virginia, spoke in support of the application of Mr. Sherman P. Lea. He advised that Mr. Lea is a man of impeccable character, a member of the clergy, an innovative individual, tenacious in attacking problems, he has a tendency to build coalitions, and he is fair and straight forward in dealing with problems. He stated that Mr. Lea has a strong belief in education, and he is an advocate of educational programs for individuals when they leave the court system and ara placed back in the community. He advised that Mr. Lea would be an asset to the school system, and he can always be expected to perform at the highest standards. Me. Ruth C. Willson, 2651 Craston Avenue, S. W., spoke on behalf of the application of Ms. Sherrie Boon. She advised that for the past five years, she served on several education related committees with Ma. Boon, during which time Ms. Boon had an exemplary attendance record, which reflects her commitment to the responsible positions she has held. She added that ih. Boon has demonstrated o.~, numerous occasions her ability to accept leadership pnsitions, she has worked on the development of a handbook end programs for the academically talented and site-beeed management in the Roanoke City Public Schools, and her work as Co-Chair of the Long Range Planning Committee has uniquely developed her talents to bring Roanoke'e schools forward into the next century. She advised that ih. Boon 376 teke~ the time to become well informed on issues at both the State and _ local isveis; ahe h~ a good working relation~hip with parsnto, teachers and administrators, and her many attributes would make her a valuable addition to the Roanoke City School Board. Ms. Msrjoris S. Smithey, 2501 Rosalind Avenue, S. W., spoke on behalf of the application of Ms. Joann Hamidulish. She advised that Me. Hamidullah is more Interested in the Individual and working in a heterogeneous and not a homogeneous grouping academically. She etated that MS. Hamidullah hae been active with the Parent Teacher Aseocistions, and she has served on various School Board appointed committees. She added that Ms. Hamidullah would be an excellent candidate for the Roanoke City School Board. The Reverend Delmar L. Jackson, 801 10th Street, N W., spoke on behalf of the application of Mr. Sherman P. Lea. He advised that Mr. Lea has a genuine concem for the youth of the Roanoke community, he is active in all of the outreach ministries of his church, he is a man who cares about the individual, he has developed innovative ideas for the Deparb~ent of Corrections where he ia employed, and with this background, Mr. Lea will he an ideal candidate for the Roanoke City School B. oard.. He stated that Mr. Lea is a professional at the.higheat level, he m of high moral cherec?r, he !ea .de unselfishly and fairly, and his sound judgement and decis;onmaklng In the Steto government will make him a candidate who will conscientiously and sensitively meet the needs of the ciUzens and the young people of the City of Roanoke. Mr. John D. Wright, 5244 North Garden Lane, N. W., spoke on behalf of the application of Mr. Sherman P. Lea. He advised that Mr. Lea is an excellent parent, a leader of adults within the William Fleming High School Booster Club, President of the William Fleming Band Boosters, he works well with and is respected by the youth of Roanoke City, he is a tireless worker, and he is deeply committed to the Roanoke City Schools. He highly recommended the appointment of Mr. Lea as a Truetae of the Roanoke City School Board. Mr. Robert N. Turcotte, 1890 Arlington Road, S. W., spoke on behalf of the application of MS. Sherrie M. Boon. He advised that MS. Boon ia dedicated to the cause of education in the Roanoke City Schools; and Ms. Boon has worked with numerous small groupa of highly motivated people, one of which is the Roanoke City Schools Long Range Planning Committee. He stated that due to countless hours of volunteer work by MS. Boon, both as a parent and ss a leader, I 377 she has accumulated a broad and deep knowledge of Roanoke'e school system, its progran~ and its people and she has a grasp of the complex interaction of the school system that ultimately brings s meaningful educal~on to Roanoke'a children. He submitted that Ms. Boon would be an outstanding member of the Roanoke City School Ms. Roeenna Anderson, 2223 Hanover Avenue, N. W., spoke in eupport of the application of Mr. Sherman P. Lea. She advised that Mr. Lea has spent the last 20 years working in various capacities in the criminal justice system beginning ee a probation officer, he has a deep understanding of those who have gone from failing in school to failing in life, and he has a strong commitment to increase the number of high school graduates and to decrease the number of entriss into the prison system. She stated that Mr. Lea is open, honast and a collaborator, he ia more interastm] in getting thinge done than in receiving the credit, and he will bring an excellent mind, an optimistic outlook and a generous spirit to whatever task he undertakes. She advised that Roanoke's School Board needs Mr. Lea. Me. Rebecca D. Rhodes, 1233 Perainger Road, S. W., spoke in support of the application of Mr. F. B. Webster Day. She advised that she has known and worked with Mr. Day in the school system for the pest eight years, and ha is a dedicated and conscientious worker and volunteer. She stated that Mr. Day has vast experience in the legal and business community; he served as a member of the Fishbum Park Site Baaed Council for several years, working with paranfa and teachers and guiding the schools in solving problems; he represented Flahburn Park on the PLATO Study Group; and his interest and love of children is further evidenced by his volunteer efforts as a T-ball and soccer coach for several years. She stated that Mr. Day has sewed on the Fifth District Employment and Training Consortium Private Industry Council and through his association and work in that capacity, he underetenda the value of a wcll-qualified workforce for Roanoke City business and industry. She advised that he is the father of three boys and he has a personal interest in the futura of Roanoke City Public Schools. She stated that Mr. Day will be a parent in the Roanoke City School System for the next 11 years, and it is important for School Trustees to be parents of school children because they have a first hand knowledge of what is going on in the schools, as well as personal contacts with teachers and administrators. She advised that Mr. Day's school involvement has given him the deeirs to offer his service in steering the course for the futura of Roanoke City Schools. 378 Ms. Kathlesn J. Baesett, 4028 Clairmont Street, S. W., spoke in .. aupport of the applicatio.n of Mr. Sherman P. Les. She advised that Mr. Jl Lea has good commun,cations skills, and ha has demonstreted an ability to work successfully with people from all walks of life, he has demonstrated a strong concern for the citizens of Roanoke and for the Commonwealth of Virginia, and he will demonstrate the same concern for the educational nesde of Roanoks'a children if he is elected to the School Board. She expressed support of Mr. Lea for this position because he will be open to all concerns regarding the education of the children in the Roanoke City School system. Ms. Hillary Muller-Swesnsy, 3606 HeHteg® Road, S. W., spoke in support of the application of Mr. F. B. Webster Day. She advised that she has served with Mr. Day on the Schools' Site Based Council and most recently, they served es parent representatives on the PLATO Study Advisory Group. She stetmJ that as a business-person, Mr. Day will be · valuable asset to the schools; his vision of making the schools not only competitive but challenging is valuable, because schools play an important part when businesses and corporations choose to relocate to tho Roanoke Valley, and Mr. Days' understanding of how schools, community and business interact will allow Roanoke'e children to prosper. She advised that a.s .a peren, t, she true? and ii respects Mr. Day because he is an ind,v,dual mth strong .ties to _1 Roanoke, a person who has demonstrated how unselfishly he g,ves of his time, and he listens and weighs suggestions, comments and ideas from all points of view before making a decision. For these reasons, she requested that Council appoint Mr. Day to the School Board. Me. Margaret Martin, 1609 Persinger Road, S. W., spoke in support of the application of Ms. Mareha Ellison. She advised that she has known Ms. Ellison for 18 years, and, in that time, she has served with her on three Parent-Tescher Associations and on the Roanoke Board of the American Association of University Women where she has observed Ms. Ellison work diligently both as a leader and as a behind the scenes worker. She stated that Ms. Elliecn has always placed children as the number one priority on her agenda, and she has been a strong advocate for gender equity. She advised that over the years, Ms. Ellison has grown into a committed and dedicated community leader who has expressed enthusiasm and genuine concern for Roanoke and for its school system. She added that for the past three years, Ma. Ellison has done an outstanding job on the Roanoke City School Board, and she has put forth a tremendous amount of time in helping bmchere, parents and the School Administration; she has bcc. n 379 visible in the achoois and an advocate for excellence in education, and she has sewed in an exemplary manner as Chair of the School Board. She stated that NIS. Ellison is a leader, a herd worker, and a knowledgeable and capable parson who has proven herself to be an asset to the School Board, and urged that she be reappointed for another term on the Roanoke City School Board. Mr. Alphonso L. Holland, 3425 Kershaw Road, N. W., spoke in support of the application of Mr. F. B. Webster Day. He advised that Mr. Day volunteers his time at Fishbum Park Elementary School, he is Chair of the Private Industry Council of the Filth District Employment and Training Conso~um, he is a great asset to the City, and if appointed to the School Board, he will represent the City, parents, teachers and children at the highest level of efficiency. Mr. Onzles Ware, 1624 Loudon Avenue, N. W., spoke in support of the application of Ms. Joann Hamidullah. He advised that Me. Hamidulish has served as Pest-President of the Central Council PTA, s member of the Long,range Planning Commiltes of the School Board, a member of the Site.Based Council for the Roanoke City Schools, and President of a parent group at Total Action Against Poverty Headstart Program. He stated that Me. Hamidulish actively supports PTA's at Huff Lane Micro Village, Patrick Henry High School, Round Hill Primary School, and James Madison and Lucy Addison Middle Schools. He added that Me. Hamidullah believes in public school education and enjoys working with the youth throughout the community; and aha is a loving and caring parent who believes that a quality education is a must for the future of Roanoke's children. He advised that Ms. Hamidullah will be an asset to the School Board, she has natural leadership abilities, she knows what it will take to educate Roanoke's children, and she is and will be seen as a role model for Roanoke'a young people. He requested that Council give full consideration to the appointment of Me. Hamidulish to the Roanoke City School Board. ACTION: No other parsons wishing to addmea Council, Mr. Trout moved that all stetementa be received and filed. The motion was seconded by Mr. Swain and unanimously adopted. CITY CODE-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 21, 1997, at 7:00 p.m., or aa soon thereafter as the matter may be heard, on the request of The 380 Daum Charitable Remainder Unitrust for amendment to Section 36.1- 690(h), General Authority and Procadur- of Chapter 36.1. Zonino. of the Code of the City of Roinok~ (1.979!, es a..mend .ed., ~ ir~clud..e------'~® CN, ] Neighborhood Commercial Dmtrict, m the I,et of dmtricta appl,cabis for rezoning to C-1, Office District, when an area is less than two acres in size, the matter was before the body. Legal advertisement of the public hearing was published in The ~ on Friday, April 4, 1997, and Friday, April 11, 1997, and in the Bg~]9~,~.Tz:IbJ~ on Thursday, April 17, 1997. (e~cc publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the petitioner owns property at 1928 Maiden Lane, S. W., described as Official Tax No. 1331205, and desires to rezone the property to C-1, for the purpose of converting the property to office use, was before Council. The Planning Commission recommended that Council approve the request, advising that in cases where the extension of a CN zone may not be appropriate, ..the option to zone to C-1 could be an acceptable altamative; whda CN zones may be smaller in ei;A many C-2 or industrial areas, the option tc~ zone to C-1 is logically should be considered; and, in addition, any future-ch-a"n-g;'i-i~ zonin.g to C-1 must be considered on a case-by-case basis by the Pisnn,ng Commission and Council. (For full text, see report on file in the City Clerk's Office.) Mrs. Conrad H. Daum appeared before Council in support of the request. Mr. Trout offered the following emergency ordinance: (~/33352-042197) AN ORDINANCE amending and reordaining subsection (h) of ~36.1-690, General authori~ and nrocedurg, of Ardcle VII, ~ of Chapter 36.1, ~Qj~]g, of the Code of the City of Roanoke (1979), as amended, to increase development opportunities; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 428.) 38'1 ACTION: Mr. Trout moved the adoption of Ordinance No. 333524)42197. The motion was eeconded by Mr. Swain. The Mayor inquired if there ware parsees present who would like to address Council with regard to the matter. There being none, Ordinance No. 33352-042197 was adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrottand Mayor Bowers 7. NAYS: None 0. STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, t981, the City Clerk having advertised a public hearing for Monday, April 21, t997, at 7:00 p.m., or ss soon thereafl~r es the matter may be heard, on the request of Martin Brothers Contractors, Inc., to pernlanentiy vacate, discontinue and close a peri]on of 22nd Street, S. W., extending from Paterson Avenue in a northerly direction to the point that 22nd Street was closed, pursuant to Ordinance No. 11803, adopted by Council on May 15, 1953, and a certain alley extending in an esstiwest direction between 22nd and 23rd Streets, S. W., located in the middle of Block 54, Map of West End and Rivsrview, the matter was before the body. Legal advertisement of the public hearing was published in The ~ on Friday, April 4, 1997, and Friday, April 11, 1997, and in the ~4~]~A_T~ on Thursday, April t7, t997. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the section of 22nd Street, S. W., and the public alley requested for closure are both platted, but undeveloped rights-of-way; the applicant owns abutting properties described as Official Tax Nos. 1312411 - 1312416, inclusive; properties abutting the opposing aides of the subject street and alley section ars owned by Ralph Smith (Official Tax Nos. 1311701 and 1312501) and Robert W. Thurman (Official Tax Nos. 1312409 and 1312410); and the City has no current or future plans to open or utilize the subject sections of 22nd Street, S. W., or the adjacent alley extending through Block 54, was before Council. 382 ACTION: The Planning Commission recommended that Council approve the request, subject to the following conditions: The applicant shall submit to the City, receive approval of, and record in the Office of the Clerk of Circuit Court, a subdivision plat providing for the following: Combining ell propert]ee which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be veceted in a manner consistent with law. 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 right-of-way. If the above conditions have not been met within · period of 12 months from the date of adoption of the ordinance pro.riding for closure of the subject right-of-way, said or.d. mance shall, become null and void with no further action by Counc,I being necessary. (For full text, see report on file in the City Clerk's Office.) Edward A. Natl, 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: (#33353) AN ORDINANCE permanently vacating, discontinuing end closing certain public right-of-way in the City of Roanoke, Virginia, as am more partJculariy described hereinafter. (For full text of Ordinance, see Ordinance Book No. 59, page 451.) The motion was seconded by Mr. Trout. 383 The Mayor inquired if there were persona present who would like to address Council with regard to the matter. There being none, Ordinance No. 33353 wes adopted on its first reading by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris and Mayor Bowers 6. NAYS: None 0. (Council Member Parrott abstained from voting.) 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, April 21, 1997, at 7:00 p.m., or as soon thereafter se the matter may be heard, on the request of Marlin Brothers Con~ractors, Inc., to rezone a tract of land located on the north side of Patterson Avenue, between 22nd and 23rd Streets, S. W., described as Official Tax Nos. 1312411 - 1312416, inclusive, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, the matter was before the body. Legal advertisement of the public hearing was published in The g{~a~.~]~ on Friday, April 4, 1997, and Friday, April tl, 1997, and in the ~ on Thursday, April 17, 1997. (Sea publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the petitioner operates a construction company and offices from the abovedeacribed properties which ars zoned HM, Heavy Manufacturing District, and desires to renovate the property and expand operations; and since HM zoning does not permit the use, it is considered non- conforming, therefor, the business cannot expand; and the request for rezoning to LM will make Martin Brothers Construction a conforming use end allow the Company to operate and expand as a general service establishment, wes before Council. The Planning Commission recommended that Council approve the request for rezoning, and advised that the subject properties, as well es surrounding pmpertiss, ars primarily light manufacturing uses; 384 ACTION: a change in zoning to LM will benefit the industrial value of the propertie~ and enhance development within the area; and additional zoning changes for the area ars still to be considered in the future. (For full toxt, see report on file in the City Clerk's Office.) Edward A. Natt, Attorney, appeared before Council in support of the request of hie client. Mr. Trout moved that the following ordinance be placed upon its first reading: (~33354) AN ORDINANCE amending Section 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. 59, page 453.) The motion was seconded by Mr. Swain. The Mayor inquired if there wars persons present who would like to address Council with regard to the request for rszoning. T.hers being none, .Ordinance No. 33354 was adopted on its first rsad,ng by the follomng vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris and Mayor Bowers. 6. NAYS: None (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 Monday, April 21, t997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Richard S. Winstsad to rezone a tract of land located west of Denniston Avenue, S. W., containing t.835 acre, mom or less, described as Official Tax No. 1330606, from RM-2, Residential Multi-family, Medium Density District, and CH, Neighborhood Commercial District, to C-1, Office District, subject to certain cond~ons proffered by the petitioner, the matter was before the body. 385 Mr. Richard R. Winstoed, peUUonsr, advised that as a result of I open forum meetings, .objections by. his n®ighbors, and co~ts relative to the proffered conditions to rezon,ng, ha would like to withdraw the petition. ACTION: W'dhout objection by Council, the Mayor advised that the petition for rezoning will be withdrawn. ZONING-STREETS AND ALLEYS: Purauent to Resolution No. 25523 adopted by the Council on Monday, April 6, t98t, the City Clerk having advertised a public hearing for Monday, April 21, 1997, et 7:00 p.m., or as eoon thereafter as the matter may be heard, on the request of Springwood Associates for amendment to the proffered conditions for rezoning of a certain 13.81-acre tract of land located on the north end of Griffin Road, adjacent to the east side of Franklin Road, S. W., and U.S. Route 220, identified as Official Tax No. 5480712, previously approved by the Council of the City of Roanoke, pursuant to Ordinance No. 32867-040196 adopted on April 1, t996, the mettor wes before the body. Legal adverl]sement of the public hearing was published in The Roanoke Times on Friday, April 4, 1997, and Friday, April tl, 1997, and in the ~ on Thursday, April 17, 1997. publisher's affidavits 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 eliminate the need for a substantial amount of grading to permit rotontion of the majority of existing trees and to provide · better development plan, was before Council. The Planning Commission recommended that Council approve the request, 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 the surrounding neighborhood; it is reasonable and desirable that the property be developed in a mixed-user manner to encourage quality development along Route 220 and the adjacent neighborhoods; the proposed commercial and residential development will be provided as per the proffered site development plan and the conditions of rezoning; the amended development plan and the conditions proffered by the petitioners addmns issues regarding the 386 ACTION: manner in which the property is developed, the type of commercial development, buffering of sdjsoant residential properties, access, construction phasing of the residential and commercial components, and general design of the residential buildings. (For full text, m report on file in the City Clerk's Office.) Edward A. Nstt, 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: (~33355) AN ORDINANCE to amend ~36.1-3 and 36.1-4, Code of the City of Roanoke (t979), as amended, and Sheet No. 548, Sectional t976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned C-2, General Commercial District. (For full text of Ordinance, see Ordinance Book No. 59, page 454. The motion was seconded by Mr. Swain. The Mayor inquired if there ware persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 33355 was adopted on its first reading by the following vots: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None ZONING-HOUSING/AUTHORITY.CITY PLANNING-LANDMARKS/ HIST. PRESERVATION-ROANOKE NEIGHBORHOOD PARTNERSHIP: Pursuant to Resolution No. 25523 adoptod by the Council on Monday, April 6, 1981, the City Clerk having sdveCdsed a public hearing for Monday, April 21, 1997, at 7:00 p.m., or ss soon thereafter as the matter may be heard, on the request of the City of Roanoke for amendment to the Housing, Historic and Cultural Resources components of the Official Comprehensive Plan for the City of Roanoke, an element of ~ to recognize the following conservation district neighborhoods as having unique architectural value or historic value 387 and to consider same for neighborhood design district designation: Belmont, Gainsboro, Gilmer, Harrison, Highland Park, and Hurt Park; and to recognize the following rehabilitation district neighborhoods as having unique architectural value or historic value and to consider same for neighborhood design district designation: Fallon Park, Kenwood, Loudon, Melrose, and Morningside, subject to conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The J~ on Friday, April 4, 1997, and Friday, April tl, 1997, and in the ~ on Thursday, April t7, 1997. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that unlike most typical suburban areas, older inner-city neighborhoods evolved over time ;re the City grew and prospered; each neighborhood reflects a unique blend of architectural styles and character; over the past several years, citizens, neighborhood leaders and City officiais have been concamed with the quality of construc~on and design of some of the newer infill development occurring within the City's older residential neighborhoods; while the City ccc. ds to continue efforts to encourage new housing cormtruction, inappropriately designed infill housing detracts from the quality of the City's existing neighborhoods and may discourage continued residential investment in these areas; Virginia Stats Enabling Legislation only permits local governments to regulate design of structures which ara located in locally designated historic districts; in 1993, the Virginia General Assembly approved a Charter amendment for the City of Roanoke which authorized the designation of neighborhood design overlay districts in areas of the City identified in the comprehensive plan as having historic value or unique architectural value and located within an area designed on an adopted plan of conservation, rehabilitation or redevelopment; and the Charter amendment also raquirad the City to prepare specific design standards as to construction or rehabilitation, was before Council. The Planning Commission recommended that the Housing, Historic and Cultural Resources components of the City's Comprehensive Plan, ~d3~39k~(J&J;~ be amended to designate the following neighborhoods as having unique architectural value and 388 ACTION: historic value and to include the following in "Planning and Development Actions" in the Housing, Historic and Cultural Resources components of the City's official Comprehensive Plan, ~,9~]9~,~.-~ by: Recognizing the following conservation district neighborhood~ as having unique architectural value or historic value and consider them for neighborhood design district designation: Belmont, Gainsbom, Gilmer, Harrison, Highland Perk, and Hurt Park. Recognizing the following rehabilitation district neighborhoods aa having unique architectural value or historic value and consider them for neighborhood design district designation: Fallon Park, Kenwood, Loudon, Melrose and Momingeide. (For full text, see report on file in the City Clerk's Office.) John R. Marlles, Agent, City Planning Commission, appeared before Council in support of the request. Mr. Trout offered the following resolution: (~33356-042197) A RESOLUTION amending the Housing and Historic and Cultural Resources components of the City's Official Comprehensive Plan for Roanoke, an element of ~. (For full text of Resolution, see Resolution Book No. 59, page 429.) Mr. Trout moved the adoption of Resolution No. 33356-042197. 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. There being none, Resolution No. 333564)42197 was adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parzott and Mayor Bowers 7. NAYS: None 0. 3 8'9 CITY PLANNING-GREENWAY SYSTEM: Pumuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertiMKf a public hearing for Monday, April 2t, 1997, st 7:00 p.m., or as soon thereafter aa the matter may be heard, on the reque=t of the City Planning Commission for an endorsement to the Roanoke Valley Conceptual Grssnways Plan, and amendment to the Official Comprehensive Plan for Roanoke, an element of Roanoke Vision to include such plan, the matter was before the body. Legal advertisement of the public hearing was published in The J~]9]~_~]~ on Friday, April 4, 1997, and Friday, April 11, 1997, and in the ~ on Thureday, April 17, 1997. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commiesion advising that the Roanoke Valley Conceptual Greenway Plan, which was completed in late 1995, identifies over 40 potential corridors in the Roanoke Valley; each corridor shown in the plan will require further study before its feasibility can be further determined; representatives of the Roanoke Valley Gresnways Steering Committee appeared before Council on February 4, 1997, to request that each participating locality adopt the Conceptual Gresnway Plan; and Council approved a motion to forward the Plan to the City Planning Commission for review and report, was before the body. The Planning Commission recommended that Council endorse and adopt the Roanoke Valley Conceptual Gresnway Plan as an element of the City's Comprehensive Plan, (For full text, see report on file in the City Clerk's Office.) John R. Marlles, Agent, City Planning Commission, appeared before Council in support of the request. Mr. Trout offered the following resolution: (~33357-042197) A RESOLUTION endorsing the Roanoke Valley Conceptual Grsenwaye Plan, and amending the City's Official Comprehensive Plan for Roanoke, an element of ~ to include such plan. (For full text of Resolution, see Resolution Book No. 59, page 431.) 39O ACTION: Mr. Trout moved the adoption of Resolution No. 33357-042197. The motion was seconded by Mr. Harris. The Mayor inquired if thers ware persons present who would like to address Council with regard to the requesL Elizabeth Belcher, Roanoke Valley Gresnwaye Coordinator, expressed appreciation to the City of Roanoke for moving forward to establish the gresnway network. Robert H. Fetzer, representing the Board of Directors of Valley Beautiful, encouraged adoption of the Roanoke Valley Conceptual Gresnwaye Plan, which will help to move the Roanoke Valley forward in terms of implementation of the gresnway system. No other persons wishing to be heard on the matter, Resolution No. 333574)42197 was adoptod by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: Nono 0. CHURCHES-STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to permanently vacate, discontinue and close a certain portion of First Street, N. W., situated between its intersection with Wells Avenue, and its intersection with Gilmer Avenue, and a certain esction of the Second Strest/Gainsboro Road right-of-way adjacent to First Beptiat Church on North Jefferson Street, the matter was before the body. Legal edvert]esment of the public hearing was published in The Bg~]~]l]~ on Friday, April 4, t997, and Friday, April 11, 1997, and in the ~ on Thursday, April 17, t997. (See publisher's affidavits on file in the City Clerk'a Office.) 391 A aport of the City Planning Commission advising that on October 1, 1990, Council adopted ResoluUon No. 30254-100190 approving the location and design of the Second Street,'Gainaboro Road project; acquisition of land parcels necessary and essential to establish the alignment of the new Second Strest/Gaineboro Road right-of-way have been completed and the boundaries of the new thoroughfare have been established; establishment of the new Second Strsat/Gaineboro Road boundaries will result in the cmaUon and leaving of a number of small surplus parcels of land and certain land parcels that were previously part of the former public street system in the area; and early in the design proce~t of the project, First BapUst Church on North Jefferson Street expressed an interest in acquiring certain sections of this surplus or residual street rights-of-way, including a certain aecUon of First Street, N. W., situated between the proparty of First Baptist Chumh and the boundary of the new roadway, was before Council. The Planning Commission recommended that Council approve the request, subject to the following conditions: The applicant shall submit to the City for review, approval, and recordation in the Office of the Roanoke City Circuit Court, a subdivision plat providing for the following: Combining all proparUes which would othenvise be landlocked by the requested closure, or othe~wine disposing of the land within the right-of-way to be vacated in a manner consistent with law. The rstantion of appropriate easements, together with the right of public passage over same, for surface and subsurface installation and maintenance of any and all exisUng utilities that may be located within the right- of-way. 392 ACTION: If the above conditions have not been met within a period of 12 months from the date of adoption of the ordinance providing for clo~ure of subject right-of-way, said ordinance shall be null and void with no further action by Council being necessary. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the following ordinance be placed upon its first reading: (#33358) 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 455.) The motion wes seconded by Mr. Swein. The Mayor inquired if there were persons present who would like to address Council with regard to the request. There being none, Ordinance No. 33358 was adopted on its first reading by the following vote: 'I AYES: Council Mambore Swain, Trout, Wyatt, Harris, Parrott and Mayor Bowers 6. NAYS: Non: (Council Member White was out of the Council Chamber.) CI'I~ CODE-SEWERS AND STORM DRAINS-SOIL CONSERVATION.WATER RESOURCES: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 198t, the City Clerk having advertised · public hearing for Monday, April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may bo heard, on the request of the City of Roanoke for a proposed amendment to the Code of the City of Roanoke (t979), as amended, by adding new Chapter 11.2, Storm Water Mana_ooment, to provide for regulation and management of storm water runoff from all lands and properties within the City, the matter was before the body. 393 II Legal advertisement of the public healing was published in The ~ on Monday, April 7, 1997, and Monday, April t4, 1997, and in the B~]I~9~JJ~Ii]I on Thursday, April 17, 1997. (See publlaher'e affidavite on file in the City Clerk'e Office.) A report of the City Manager advising that the Roanoke Valley and the City of Roanoke, in particular, ars from time to time subjected to the inundation of flooding and flood conditions, which are a natural hazard that poses a significant threat to human safety and personal and resl properl]es, ae well as the environmental and economic well being of the City at large; and development of land and building construction within a given watershed of the Roanoke Valley generally results in an increase in the overall volume, flow and velocity of storm water runoff that discharges acroes the land eurfaces of the watershed, wee before Council. It wae further advised that A~cle 1.1 of Title 10.1, Cede of Virginia (1950), aa amended, Storm Water Manaaement. authorizes localities to adopt local ordinances to rsgulato and control land disturbing activities and storm water management practices; the City of Roanoke currently has no storm water management ordinance; land development and building construction activities are frequent sources of public complaints end protests related to the uncontrolled flows of storm water runoff in and upon abutting or adjacent properties; the storm water management ordinance, aa proposed for adoption, will provide more effective measures and regulations to minimize the adveree effects of storm water runoff as a cause of flooding, channel erosion and pollution in and upon adjacent properties and the various creeke, strsame, and tributaries of the City; and proposed new measures include the following: All land development projects not exempted under the provision of the proposed ordinance shall be required to submit end obtain approval from the City of a storm water management plan that is consistent with current State storm water management laws and regulations. The proposed ordinance provides more effective and detailed regulations to govern the manner in which storm water runoff will be managed, controlled, detained, channeled or released at acceptable rates from development eites. 394 ACTION: The proposed ordinance provides more efficient and effective regulations to ensure that the construction, installaUon, and continued maintenance of storm water management facilities will be monitored and inapectmJ on a regular basis by the City. The City Manager recommended that Council adopt new Chapter t t.2, Storm Water Mana_aement. Cede of the City of Roanoke (1979), as amended, to provide for regulation and management of storm water runoff from all lands and properties within the City. (For full text, see report on file in the City Clerk'e Office.) Mr. Trout offered the following emergency ordinance: (#33359-042197) AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by the addition of new Chapter tt.2, Storm Water Mana_aement. to provide for the regulation and management of storm water runoff from all lands and proper'des within the City; and providing for an emergency. (For full text of Ordinance, sss Ordinance Book No. 59, page 432.) Mr. Trout moved the adoption of Ordinance No. 33359-042197. 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 matter. There being none, Ordinance Ho. 33359-042197 waa adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: Non-- 0. ZONING-STATE HIGHWAYS-SCHOOLS-STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, April 21, t997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Faison Realty Equities, Inc., and William Hunt Staples, et al, to rezone a one acre+_ and a 40.74+ acre tract of land, containing 72+ acres bounded by Interstate 581, Wal-Mart, Round Hill Elementary School, Roanoke Area Association for Retarded **il 395 Children, Inc., and propertis~ adjacent to Huff Lane, N. W., described as Official Tax Nos. 2250103 and 2250101, from I_M, Light Manufacturing District, and RS-3, Rasidentisi Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the patitione~s, the matter was before the body. Legal advertisement of the public hearing was published in The ~ on Friday, April 4, 1997, and Friday, April tl, t997, and in the ~ on Thursday, April t7, 1997. (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 requast for rezoning is to provide for the development of retail facilitias on two parcels of land totalling 41.74 acres owned by the Watts family adjacent to Wal-Mart at Valley View Mall, was before Council. The Planning Commission recommended that Council approve the request for rezoning, and advised that the proposed rezoning is a logical extension of the adjoining C-2, General Commercial District, Iocetad to the west of the subject parcels; proffered conditions protect the adjacent residential neighborhood and promote quality commercial development, which is a more appropriate land use than industrial or residential use at said location. (For full toxt, see report on file in the City Clerk's Office.) James F. Douthat and T. L. Plunkett, Jr., Attorneys, appeared before Council in support of the request. Mr. Trout moved that the following ordinance be placed upon its first reading: (#33360) AN ORDINANCE to amend §36.t-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 225, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicants. (For full taxt of Ordinance, see Ordinance Book No. 59, page 457.) The motion was seconded by Mr. Swain. 396 The Mayor requestad that correspondence from David I. Wood, 3802 Greanland Avenue, N. W., datad April 21, 1997; and.?neon Go.c. k, .~ Chief of Transportation, Roanoke Valley Area Metropol,tan Planmng Organization, under data of April 21, 1997, be received and filed and made a pert of the record. The Mayor inquired if there were persons present who would like to be heard in connection with the requsst for rezoning; whereupon, the following pereons addressed Council: Ms. Barbara N. Dusrk, 2607 Rosalind Avenue, S. W., advised that on December 16, 1996, she appeared before Council and requested that pedestrian and bicycle accommodations be included in the preliminary engineering plan for the 1-581Nalley View Interchange, and at that time, it wee stated that the City was exploring the feasibility. She referred to correspondence from the Virginia Depe,'b,,ent of Transportation (VDOT) advising that the Federal Highway Administration and VDOT concur that a pedestrian/bicycis facility can be incorporated with the design of the 1-581 interchange. She advised that proffer number ten to the rezoning states that a sidewalk/bicycle path will be constructed if pedoatrian and bicycle access is provided on the 1-581 Valley View Boulevard Extended Overpees. Sh.e stated that pedestrian and bicycle accommodations are more than .just a quality of life issue - they I represent pedeatrianibicycle comdore which are threads that weave together sustainable communities, and pedestrian and bicycle transportation choices are economic development decisions that allow Iow income and health conscious citizens the opportunity to walk or ride to work and, in some cases, provide their only access to a job. Anson Gock, representing the Roanoke Valley Area Metropolitan Planning Organization (MPO), advised that the Roanoke Valley MPO encourages Roanoke City to consider providing pedestrian and bicycle accommodations in the plans for the proposed 1-581 overpass. He further advised that prcffere to the rezoning provide that pedestrian and bicycle facilities will be constructed on the extension of Valley View Boulevard only if bicycle/pedestrian access ia provided on the I- 581Nalley View extended overpass, therefore, a bicycle and pedestrian overpass to the Valley View Mall area is contingent upon the proposal for 1-581. He atatad that if bicycle and pedestrian facilities are provided on the overpass, the trail may be extended from the southweatarn porlJon of the overpass to Lick Run Creek, since both the Roanoke City Comprehensive Plan and the Gmenway Plan have deaignstad Lick Run 397 II Creek es a potential trail for a greenway. He advised that on April 25, 1996, the Roanoke Valley Area MPO approved the City's request for amendment to the Roanoke Valley Area Long Range Plan to include the propoesd interchange. He statad that propoMd gresnway plans further suggest a road connecting Valley View Mall to Lick Run Creek, and the 1-581 interchange la s strategic connection between Valley View Mall and Lick Run Creek which will encourage safer pedestrian and bicycle access and ~ervs as a means to reduce vehicular ;,,/11c to Valley View Mall. Ho advised that the Roanoke Regional Chamber of Commerce study on the future of transportation identified gresnwaye and bikeways as important infrastructures, and it is hoped that Council will favorably consider pedestrian and bicycle facilities, because this investment will insure the transportation route of choice and will improve the aras'e quality of life which will benefit residents for many years to come. Upon question, the City Manager advised that Council previously approved funding for an interchange that was approved by the Federal Highway Administration; the design of the interchange is in tho preliminary stage, and it is estimated that a public hearing will be held on the design phase of the roadway in June or July 1997. He stab~l that the question of a gresnway access from along Lick Run Channel has been raised by the City Planning Commission and it is not directly a part of the rezoning, but it is a decision that ultimately will have to be considered as part of the design of the interchange, and VDOT and the Federal Highway Administration have stated that tho bridge must be 10 - t2 feet wider in order to accommodate an access for a graenway. He advised that the road, which is a part of this particular development, is wall defined and will be constructed by the developer at his cost with the right-of-way contributed and the mad built to VDOT standards. He statad that although the matter of gresnways is not closely tied to the public hearings presently before Council, citizens see the matter as closely relatad. Ms. Tans P. Linkous, 2514 Richelieu Avenue, S. W., advised that due to a physical impairment, she cannot drive a motor vehicle and must depend on a bicycle as her major mode of transportation. She stated that it would be more convenient for parsons with certain physical impairments to ride their bicycle on safe accommodations to local places of business, libraries, and churches, etc. 398 John R. Eakin, President, Willianmon Road Action Forum, advised that it is important for Faison Realty Equities, Inc., and the City of Roanoke fo conUnua to work together to develop the property in a manner that does not negaUvely Impact the surrounding neighborhoocis, Huff Lane Park, Huff Lane Micro Village, and Round Hill Primary School. He requested that adjacent property owners in the area, Huff lane Micro Village, Round Hill Primary School, and the Willismson Road AcUon Forum continue to be included in the planning process and related projects which include decisions regarding the proposed graenspace, future proposals for out parcels, decisions relative to the schools, and the route of the access road. .il Mr. Bryan K. Chubb, 2721 Cove Road, N. W., representing Huff Lane Micro Village and the Round Hill community, advised that although they support commercial growth for the Roanoke Valley and they understand the r. ccd for additional access to Valley View, citizens have concerns and quesUone due to the proximity of the access road to Huff Lane Micro Village and Round Hill Primary School. He called attention fo three areas of concern: (1) preserving and maintaining the safety of the children and residents of the community; (2) preserving and maintaining the quality of instructional programs at Huff Lane Micro Village and Round Hill Primary School; and (3) maintaining aeatheUce and the environment of both echoois and the community. He asked that the City respond fo the following queatione: '1 (1) Will there be appropriate barriers or large scale landscaping to reduce access to and from the school property? (2) Will there be barriers placed accordingly to reduce traffic noise on school property? (3) Will Huff Lane and Round Hill be equipped with adequate heating and cooling systems fo eliminate or reduce vehicular pollution? (4) Will Huff Lane and Round Hill be adequately insulated to atmorb traffic noise in order to maintain quality instructional programs for children attending the two schools? 399 Mr. Chubb advised that the following persons share his concerns: Ms. Alison Reid, 2609 Vancouver Drive, N. W.; Mr. Sidney Rib:his, 2508 Springhill Drive, N. W.; The Reverend Michsal Kahn, 4t08 Richland Avenue, N. W.; Ms. Alisha Slueher, 25t9 10th Street, N. W.; Mr. Bobby Kennay, 1124 Rugby Boulevard, N. W.; and Mr. Guy Henderson, t349 Rugby Boulevard, N. W. Elizabeth Belcher, Executive Director, Roanoke Valley Gresnway Commiesion, advised that with a conditional rezoning, there is a certain amount of give and take where proffers by the developer provide community amenitioa as partial compensation for financial amenities which the developer accrues through the rezoning. She stated that proffer number three providing for the 76-foot wide gresnspece edjaoant to the residential property along Huff Lane/Greenland Avenue is an effort on the pert of the developer to provide an amenity to the community, and it would connect Round Hill Primary School and Huff Lane Park when, and if, it is eventually developed. She added that whenever a greenway network is developed, the moat difficult pert is acquiring the land, and when gresnways are reviewed, available land is considered, end the ideal situation exists when there is a conditional rezoning where the developer proffers the land, therefor, she expressed appreciation to Faison Realty Equities for its efforts to advance the gresnway movement in the Roanoke community. She advised that proffer number tan involves construction of a sidewalk and pedestrian peth along Valley View Extension, which proffer provides that it will he done if bicycle and pedestrian accommodations are provided on the overpass. She stated that this connection, which shows up on both the grsanway and the bikeway plans, would provide the opportunity to link The Hotel Roanoke and the City Market to Valley View Mall and a gruenway that could go from the City Market through Washington Park, along Shedeland Avenue, and along Lick Run to Valisy View. She requested that the City consider its part in what it will take to accomplish these proffers and that the City move fonNard to do what needs to be done in order for the proffer to become a reality. MS. Debrs K. Shumsta, 3107 Plantation Road, N. E., advised that she serves as a volunteer at Huff Lane Micro Village, and expressed concern for the safety of children and teachers. She stated that a fence is needed around the school for the safety of the children. 400 Mr. Gary W. Stevens, 4735 Casper Drive, N. W., advised that there is no barricade around Huff lane Micro Village to prevent a child from going onto the highway, and exprss~ concem about the ~afety of the children. Mr. William J. Parenti, 3544 Courtlsnd Road, N. W., advised that he lives across Oakland Boulevard from the area proposed to be rezoned and he has three children who will attend Huff lane Micro Village next year. He stated that the latest proposal is to construct a four-lans highway, 55 feet from the back comer of Huff lane School, which ia a short distance from a glass enclosed classroom where students are trying to lesm and meetings are being held. He advised that aa a part of the conditional rezoning, it should be required that no school property will be affected, and if necessary, the Tire America building could be relocated closer to 1-581. He referred to the gresnspaca behind Huff lane School which was originally intended to be a pert of Valley View Boulevard, and presently consists of approximately five trees remaining from several hundred that were planted when Valley View Mall was constructed, and proper maintenance of the trees should be a condition to rezoning. .Robert H. Fetzer, representing the.Board of Directors of V.a. lley Beautiful, spoke in support of the pedestrian/bicycle accommodations I: which have been proffered as a pert of the rezoning request. He advised that the citizens of Roanoke have repoatadly said over the past two and one-half years that they want greenway and bikeway facilities to be provided whenever possible, and Council has the opportunity to take a significant stap towards linking two major parts of the City with a gresnway at a small cost to the City. He stated that the developer is willing to construct a greenway at his expense, but the proffer ia contingent upon the City providing the accommodations on the new 1- 581 overpass, which is being constructed at taxpayers expense, and, therefore, it is requested, as a part of the expenditure, that the City carry out the wishes of the citizens for gresnwaya in phase one of the project. He further stated that the City should take advantage of every opportunity to make gresnwaya and bikeways a part of its overall plan. He advised that the goal of rezoning is to create opportunities for the City to better carry out its comprehensive plan, and the route of the proposed gresnway which Faison Realty Equities is willing to construct at no cost to the City is identified in both the conceptual gresnway plan and the bikeway plan. He added that if the City waits for phase two for this project to take place, that time could be 20 years into the future. 401 He advised that the greenway plan should be included in phsse one, the present c~t ia relatively Iow to the City and to the taxpayers, and urged that Council accept the proffer and agree to incorporate the accommedationa for a groenway connection and bikeway on the new 1-581 overpass in the preliminary phese of the project. He silted that Members of Council represent the citizens, and asked that Council make the beet uae of taxpayer do#ara. He added that Roanoke can no longer be a city divided by highways and roadways and it must ilks every opportunity to connect the City; therefore, he urged that Council ilks advantage of this generous offer because pedestrian and bikeways need to be in the preliminary phase for the overpass road. Ma. Miry Wiliaon, 2317 Oakland Boulevard, N. W., advised that from her front yard, she hes a view of the ARC Roanoke, Inc., and Waits property which ara now open fields, with Valley View Mall in the distance. She asked that Council deny the requsst for razoning; however, she conceded that due to the potential of revenues to be general~,d to the City, rezoning will, in all likelihood, be approved. She stated that the proffered conditions specify that no fast food resilurante will be constructed on the properties to be rezoned, and requested that there be a proffer to restrict 24-hour convenience stores and gas stations due to concerns that these types of businesse~ will increses noise, traffic and trash in the surrounding neighborhoods. She advised that the rezoning will increase traffic to an already over congested area; and one of the gresnwaya calla for a 7S-foot buffer running behind housss on Huff Lane, residents of the area have expressed concerns about maintenance of the greenway, and requested that there not be any type of pedestrian walkway or bikeway in the vicinity of these houses. Richard L. Kelly, Assistant Superintendent, Roanoke City Schools, advised that Roanoke City Schools support the razoning request in order to make the best use of the property adjacent to Round Hill Primary School and to facilitate the construction of a new access road to the Valley View Mall area. However, he silted that the proposed development and access road will create environmental problems at beth Round Hill Primary School and Huff Lane Micro Village in terms of noise, air pollution and possibly unsightly conditions adjacent to school properties. He further stated that these conditions will require that certain improvements be made to school facilities and properties in order to alleviate hazards which may be harmful to the learning environment of students and to student safety. He advised that the 402 School Administration has been working with the developer and City officials to insure that appropriate measures are taken to mitigate the effects of the proposed mzoning on local properties; and the School Board and the School Administration are confident that the necessary landscaping and facility modifications will be made to insure the safety of children and the maintenance of a harmonious instructional climate at both schools. In connection with questions previously raised by Mr. Chubb, the City Manager responded as follows: Will there be appropriate barriers and large-scale landscaping to reduce access to and from school properties? The City Manager advised that the Superintendent of SchooLS and the Assistant Superintendent are reasonably satisfied that what has been dlscuesed LS appropriate. Will barriers be placed accordingly to reduce noise on school property? The. City Manager responded in the affirmative and I' advised that discussions have Involved both sound walls - and sound proofing on the beck of the schools. Will Huff Lane and Round Hill be equipped with adequate heating and cooling systems to eliminate or reduce vehicular pollution? The City Manager responded that heating and air conditioning will be a pert of the Capital Improvements Program which will be discussed with Council in May, June and July, proposals that have been discussed are affordable, and will be recommended to Council. Will Huff Lane and Round Hill be adequately insulated to absorb traffic and noise in order to maintain quality instructional programs? The City Manager responded that sound proofing will be provided as necessary through insulation and air conditioning. 403 The City Manager stressed that all of the above ia subject to final recommendationl to be submitted to Council. No other persona wishing to be heard on the mattsr, Ordinance No. 33360 was adopt.<l on its first reading by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Par~ott and Mayor Bowers 7. NAYS: Non.- 0. ZONING: Pursuant to Re~olution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of ARC Roanoke, Inc., to rezone s 8.769+ acrs tract of land located on the west side of Oakland Boulevard, N. W., described as Official Tax No. 2250105, 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 ~ on Friday, April 4, 1997, and Friday, April 11, 1997, and in the ~IDg~g~/:iI~JDt on Thursday, April 17, 1997. (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 construct a sheltered workshop which will provide education, job training, and employment for mentally and physically disabled persons, was before Council. It was explained that the property is adjacent to the Watts property under contract by Faison Realty Equities, Inc., which is also the subject of a rezoning from RS-3 and LM to C-2, subject to certain conditions; and development plans for both rezonings have been coordinated, proffered conditions have bcc.~ coordinated and are similar. 404 ACTION: The Planning Commission recommended that Council approve the request for rezoning, and advised that the proposed zoning change to C-2 is reaeonsble and consistent with other proposed zoning in the area; and the proffered conditions address development concerns of residents and ere consistent with other commercial pmpertiss at Valley View. (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. Trout moved that the following ordinance be placed upon its first reading: (~3336t) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), ss amended, and Sheet No. 225, 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. 59, page 459.) 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. Inasmuch as those persons wishing to be heard had bccn recognized in connection with the previous rezoning (property bounded by 1-581, Wal-Mart, Round Hill Elementary School, Roanoke Association for Retarded Citizens, Inc., and property adjacent to Hull Lane, N. W.), Ordinance No. 33361 was adopted on its first reading by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Pawott and Mayor Bowers 7. NAYS: Non= O. 405 CiTY MANAGER . BRIEFINGR VIRGINIA TRANSPORTATION MUSEUM-RAILSIDE LINEAR WALK: Phillip F. Sparks, Chief, Office of Economic Development, presented an update on the raiiside linear walkway. He advised that the linear walkway would start at the pedestrian bridge and parallel with the railroad tracks to Firat Street, make a turn and come down on the Salem Avenue side of Warehouse Row, down Norfolk Avenue, and cross Second Street to the Virginia Museum of Trermportation. He stated that along that route, it has been discovered that the view would be of the backs of the buildings, thus, creating two front doors. He advised that Economic Development staff made a request for Community Development Block Grant funds for facade improvements in the amount of $40,000.00; with facade grente, properties must be located in a H-1 District, however, the buildings in question are not in a H-1 District, therefor, there ia an opportunity to work with the property owners to create an expansion of the H-1 District which pertains to the historic Campbell Avenue properties. In addition, Mr. Sparks pointed out that the Office of Economic Development requested $200,000.00 in Community Development Block Grant funds from the Economic Development Investment Fund which prov;.d, es some flexibility and allows investments in properties which are ehgible for inclusion in the National Register of Historic Places, anywbem in the Downtown Service District. He added that virtually all of the buildings on Warehouse Row are now in the National Register of Historic Places, therefor, there is an opportunity to make some investments in the area. He stated that funding will be available on July t, pending Council's approval of the CDBG request, and, in addition, the Enterprise Fund offers significant investment opportunities for property owners. He advised that when completed, attractive facades will be created along the rear of the buildings on salem Avenue, contingent upon development of the linear walkway. He presented a tentative timeframe for the project, and advised that a revised schedule ia being prepared for that portion of the walkway starting at the pedestrian bridge and coming up to First Street which should be completed and a presentation made to the review team by May t997. He added that upon review, the plan will be presented to the City Manager and to the Members of Council in June 1997, followed by 406 a formal presentation to the public in July 1997, submittal of preliminary drawings to the City, the Virginia Depar~.ent of Trensportetlon (VDOT), and other agencies by Ssptamber 1997, document review by the City and other agencies in October 1977, submission of completmJ bid documents in December 1997, completion of document review by the City and VDOT by February 1998, advertising and bidding the project by March 1998, to be followed by receipt of bids, Council's approval of the contract and issuance of a motion to proceed by May 1998, and authorization for construction to begin by June 1998, with 12 months to complete the project. Mr. Sparks explained that funding for the project has been secured through $1.5 million from the 1994 bond issue and $300,000.00 from Intermodal Surface Transportation Efficiency Act funds, which la now known as the Enhancement Fund. Vice-Mayor Wyatt advised that school children visit Center In The Square and the Virginia Museum of Trensportatlon on a daily basis, and a major concem is the lack of restroom facilities and an enclosed area for picnic tables; whereupon, she inquired if some type of shelter space is included in the plan. Mr. Sparks responded that he was not aware of an enclosed area or rsstroom facilities as a component of the linear walkway, however, he would advise the Engineering Depart,~,ent of Vice-Mayor Wyatt's concern. Katherine F. Houck, Executive Director, Virginia Museum of Transportation, advised that in t995, the first phase of the Robert B. ClaytorhN. Graham Claytor, Jr. Pavilion, which is a thrse-phese plan, was constructed using Roanoke City bond referendum funds and private funds which were raised through a capital campaign. She stated that in June 1996, the Norfolk Southern Corporation donated the facility that presently houses the Virginia Museum of Transportation. She added that this year, Enhancement Funds from the Virginia Department of Transportation (VDOT) will be used to consl~uct the new entrance, paint the facility, and build a pedestrian plaza to connect with the City of Roanoke planned linear railwalk, at a total cost of $380,000.00, with $288,000.00 to be provided through Enhancement Funds to be matched with Roanoke bond referendum monies in the amount of $152,000.00, and construction will begin in late August, with scheduled completion within six months. She pointed out that the General Assembly also approved an appropriation above the $125,000.00 already budgeted for the facility for 1997-98 in the amount of an additional $125,000.00, the funds will be used to continue construction of the Claytor Pavilion which is the shelter for the rail 407 collect]on and those funde will be 100 par cent matched by Roanoke City bond referendum funda. She explained that in order to completz the pavilion and amphitheatre, which can be covered for use by achool children,.another Enhancement Program grant has been applied for in the amount of $300,000.00, and it ie hoped that the funda will be matched by Roanoke City bond referendum moniee. ACTION: W'~hout object]on by Council, the Mayor advised that the briefing would be received and filed. OTHER HEARING OF CITIZENS: None. There being no further bueineee, the Mayor declared the meeting adjoumed at 10:05 p.m. APPROVED ATTEST: MaR F, Parker City Clerk David A. Bowere Mayor 408 COUNCIL---PUBLIC INTERVIE1NS OF SCHOOL BOARD APPLICANTS April 24, 1997 6:00 p.m. The Council of the City of Roanoke held public intewiews with six candidates for the position of School Board Trustee on Thumday, April 24, 1997, at 6:00 p.m., in rite 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 C. Nelson Ha.rria, John H. Parrott, Carroll E. Swain, James O. Trout, William Wh,te, Sr., L,nda F. Wyatt and Mayor David A. Bowers . 7. ABSENT: None OFFICERS PRESENT: Mary F. Parker, City Clerk. The meeting wee opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America wee led by Mayor Bowers. The Mayor advised that on June 30, 1997, the three year terms of Marilyn L. Curtis, Marsha W. Elliaon and John H. Saunders aa Trustees of the Roanoke City School Board will expire; and the purpose of the meeting was to interview six candidates for the upcoming vacancies. The Mayor 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 21 and February 3, t997, Council announced its intention to elect Trustees of the Roanoke City School Board for terms commencing July 1, t997. Advertisements ware placed in The Roanoke Times and the Roanoke Tribune inviting applications for the upcoming vacancies. Twelve applications were received in the City Clerk's Oflica prior to the 5:00 p.m., deadline on Monday, March 10, 1997. He noted that three applicants have since withdrawn their applications. 409 On March 17, t997, at 2:00 p.m., Council, ee a Committee of the Whole, reviewed and considered all applications. On March 17, 1997, 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 7, 1997, at 2:00 p.m., Council voted to interview Sherrie M. Boone, F. B. Webster Day, Marsha W. Ellison, Jcann Hamidullah, Sherman P. Lea, and Michael L. Rameey. Tho~e candidates who were to be accorded the public interview ware no~i;;ed by the City Clerk by letter dated April 8, t997. A notica was published in ~ on Friday, April 11, 1997, and in the ~)J~a:l~ on Thursday, April 17, 1997, inviting attendance at a public hearing to be held by City Council on Monday, April 21, 1997, at 7:00 p.m., to receive the views of citizens regarding School Board applicants, and further inviting the public to submit proposed queetions to the candidates by filing such written questions in the City Clerk's Office by 5:00 p.m., on Thursday, April 17, t997; however, no questions were submitted. The Mayor explained that due to a publishing error by the newspaper, a second public hearing would be held on Monday, May 5, 1997, at 2:00 p.m., or as soon thereafter aa the matter may be heard, in the City Council Chamber, to receive the views of citizens. The Mayor explained that the selection process provides that Council will publicly interview each candidato separately and out of the presence and hearing of the other candidatea; that Section 9-21, Public Interview of Candidates. of the Code of the City of Roanoke (1979), aa 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. - Sherrie M. Boone 6:30 p.m. - F. B. Webster Day 7:00 p.m. - Mareha W. Ellison 7:30 p.m. - Joann Hamidullah 8:00 p.m. - Sherman P. Lea 8:30 p.m. - Michael L. Ramssy 410 Mayor Bowem pointad out that each candidata would be given the opportunity to make an opening statement of not more then five minub~, end thereafter, Council would eek such queetions, as Council, in ita discretion, deems advisable. He explained that six intarvisws would be held end each interview would consist of approximately 30 minutas, and after each interview was completad, the candidates could leave the Council Chamber inasmuch as no action would be taken by Council on this data. He ~rther notad that ell interviews would be taped by Roanoke Valley Television, Channel 3, to be tolevised on April 28, 1997, at 6:30 p.m., April 29, 1997, et 1:00 p.m., end May t, 1997, at 6:30 p.m. In conclusion, t~e Mayor advised that on Monday, May 12, 1997, at 6:00 p.m., or ss soon thereafter ss the matter may be considered, the Cduncil would hold an election to fill the three vacancies on the Roanoke City School Board for terms commencing July 1, 1997, end ending June 30, 2000. The first =arson to be interviewed was Sherrie M. Boone. Ma. Boone advised she was seeking appointment to the Roanoke City School Board because she cares about the City and the strength of its educational system, and that she bases her candidacy on knowledge, the quest for knowledge, and commitment. She stal~d she has worked on many committees which operate at the division-wide level, the membership of which have included parenta, teachers and administrators from the different schools, administrators from the central office, and community leaders; that they have shared different viewpoints, visil~l schools, and gathered information as needed to make recommendations which have haled formulate division-wide policy planning and practices. She noted because o-~ work on these committees, she is able to appreciate the comDlex deeian ~f th= school system; that she shares the commitment of s ' a inform'=ti,~n ....... eekln. ............... .----,,,,,se ;o snareno,aere mat she sees evident in the school system and in the City. Sh~ stated that the City's visioning process carries forth the theme that it takes · whole community to provide the best educational system possible so that our City will remain strong and the entire community will benefit; that in the quest to provide the best educational system for our community, there are several things she believes to be key, i.e., wa must ensure safe and orderly schools; students end teachers must have an environment which is conducive to learning; we must provide instructional programs that prepare students with basic academic and technological skills, and at the same time challenge each student to be the best that he or she can be; we must support the teachers and recognize their dedication end commitment; and wa must encourage parental and community support for education, so that their collective effort will encourage our students to value their education. She noted that just as children grow and change from year to year, so should the educational '1 411 system; she is committed to excellence in education; she is committed to our youth end to providing appropriate and excellent education for each; and that she is committed to allowing sufficient time to be an informed School Board member, so that she will be able to contribute effectively. She stated she recognizes the importance of a strong educational system for our City, end she pledged her beet as a School Board Trustee. Reverend Harris aeked the followina a,_,e_~one: QUESTION: I think school discipline is · topic very much et the forefront of discussion in our community, that the teachers have asked for a survey, end that it is · problem affecting school divisions all across the country. I would be interesl~l in your thoughts or ideas about discipline in Roanoke City Schools and any ideas you might have regarding maintaining a safe and orderly classroom, not only for our employees, but for students there trying to learn. ANSWER: Ms. Boone stat~l she was involved in the original review process for the standards and expectations for student conduct that was developed and implemented about three years ago and the system intends for that to be the division-wide policy for student behavior; it outlines student rights and penalties, and within the standard, individual schools ers given the possibility to also develop their own cedes. She stated when she worked on the system-wide site base council, they also delineated system-wide responsibilities end school-based responsibilities; and that the implementation of disciplinary actions is a site-bsaed decision. She advised she does not feel she has personal knowledge as to what the depth of the problem might be in our school system; that studies do provide information, and she supports the request for a study; it is very important for teachers to feel they have the becking of their administrators within the building, and the administrators at the central level, in order to enforce discipline, because she believes our students and the teachers have · right to thaL QUESTION: If you wore appointed a Trustee of this school division, what might be your top two or three priorities? ANSWER: Ms. Boone advised she agrees with the priorities that the School Board has set right now; and that another priority she would like to see is a plan to increase parental involvement because it is really important to have parents' support, which ties into the discipline issue because she believes what children hear at home and the way parents feel about education comes through in the classroom. She advised another priority would be to increase community involvement in the schools. 412 Mr. Parrott advised that Reverend Harris had asked the question he was planning to ask. ~1 Mr. Swain asked the followin~a auestions: QUESTION: Them is great concam about the scores of the students and their performance on the standardized tests. How would you deal with improving those scores? ANSWER: Ms. Boone advised she believes the new SOL's are going to increase academic performance state-wide; that the eddit~onal classroom teachers now in place lower class size and are going to be a big bonus in helping our students to receive more individualized attention; TESA training within the school system is going to help teachers to develop techniques that will help them relate to students better;, there is an emphasis on expanding tschnique~ that work well with gifted youngsters, and those techniques include more individualization and the approach to education. She stated the real key lies in encouraging student success in meeting their individual needs and learning styles, and helping them to experience success; and if they experience success, they want to lesm and are motivated to learn, which makes the teacher's job a lot easier. QUESTION: I hear from time to time that the system of accountability in the school system is not up to what it should be from the standpoint of making the system more productive, meaning providing better educated students. What kind of accountability system would you establish in the school system in order to ensure that the product that comes out of the school system is actually what the taxpayer would want? ANSWER: Ms. Boone advised she knows that the School Board has developed standards that are measurable; and you can measure certain things and see whether or not you are making progress, like the dropout rata and attendance. She advised that one of the things she would like to propose to be included in thcee measurable indicators of success is parent attendance at conferences; that this is something which would strengthen that important relationship we need to have between the home and the school, and this is something that is measurable. Mr. Trout asked the followina auestions: QUESTION: Looking over your resume I can certainly see that you are acquainted with several programs in the schools, the budget and financing. Have you served on those committees? 413 .A. NSWER: NL~. Boone advised that she had sewed on the Budget Advisory Comm~ttas for two yesre. QUESTION: One of the programs that I have always had a great interest in has been our Magnet Schools, and with all the involvement of Magnet Schools, this calls for a great deal .o.f Federal money. First, how do you feel about the Magnet program, and secondly, if the government would reduce or cancel these progrenm, what would you do as s School Board member? ANSWER: Ma. Boone advised that she thinks the Magnet School programs are a great bonus for our community; they have helped us to desegregate our schools, and, in eddition, they have previded some wonderful educational envirenmente for our children; and we have also been able to incorporate a lot of technology that we might not have been able to otherwise. She stated that we have 11 Magnet Schools and some of those are non-Federally funded; that if the government did not continue that program, she does not know how that would impact us as s division, because she dne~ not know how many other schools we have that might qualify for that Federal money; and it is her understanding that money is awarded based on minority involvement, and on the innovative approach to education. She pointed out that she thinks it is a good idea and would like to see the govemment continue the program for our benefit and for the benefit of other divisions as well. Mr. White asked the folio,mine o_ueetiOl~; QUESTION: What do you perceive es the major strengths and weaknesses in our school system, and what would you do to enhance the strengths and to mitigate the weaknesses? ANS. WER: .Ms..E~.n.e sd.vised that she thinks we have a terrifically organized but complex system, mat we have ever 50 distinct educational programs we can offer; we have schools based on the neighborhood concept, and we have schools that operated on the Magnet theme concept; we have excellent teachers as well as programs which meet the needs of students across the spectrum; our system is very organized in the sense that we have groups of people who work on different plans and ideas, and input is sought; and that we work together coopsretively. She noted she thinks communication is sort of a weakness because sometimes we do not do quite the job that we should; this is an area that needs enhancement, not only within the schools, but in the home; and Dr. Harris has a publication he sends out to all community members which is an excellent and thoreugh approach to advising what is going on in our schools. She stated she does not see many weaknesses, and she is proud of the Roanoke City school system. 414 Vice.Mayor Wyatt -__e_k~d the followin_a -~-_-,e_tion~. R .QUESTION: Concemin.g. social promotion, currantiy there is a practice in oanoKe City Schools that a ch,id can be retained only once in Grades K-3, and only once again in Grades 4-6, and that regardless of their accomplishments or lack of accomplishments, if they have been re?ned once at the primary ~vel, they can not be retained a second time. I would hks to know what your fesl,ng is about this process, w.h..ether you think it is a good practice, and if so, what is good about it, and if not, what ,e bad about it? ANSWER: M~. Boone advised she was unaware of this practice; that she does ~v~tt;; .~..ho..w promoting students for the sake of promotion could help them lesm .,t ,.e. me.y. nesd. to lesm; and it seems in the end they will not be effective con~.'buti.ng cd~.ens if they do not master basic skills at the elementary level, if this is where it begins. · S.he advised this should reflect in our pasa. age ..r.e.te on the Li.teracy Passport Test; t~.at she d .o~..e not know whew this policy 18 written.; that if it is only a practice, she ~s not farad,ar with the practice; and she thinks it is more important for our students to learn, and we need to take whatever steps we can to ensure their progress so they will be able to prograes. · _ QUES~ON: .T?ere has bccn a term battared around for the isstcouple ofyesm in Koanoke City which is called "pay for performance." Are you familiar with that concept? wY-" ~A_N_? .WER.:..I~: ..1~O. ne requested a further e.xpisna,on; whereupon, Vice-Mayor · ,.~ uxp:alneu mat. it IS a pay Scale which consrsta of certain cHtaria that has to be met in order to reca,ve certain percentages of raise rather ~ .......... L_. the same scale. .... ~,vu~yune using on QUESTION: How would .y.o_u enau.re ~at the.re would be objective measures for this "pay for performance" iT it were instituted in Roanoke City Schools? A. NSWER: Ms. Boone noted she. wa.~ not sure she ,u. nderatood the qusa.tion, but advrsed abe knows that p. rinc,psis in th,s ysar'e operating budget have rece,ved a pay raise, and that pay raise is also linked to performance; and she p..re.sumes tho. se performance measuraa.wo, uld be related to the School Board prio. ntiee and :bJtte~n::~;.and the fact that pnnc,pais may have reduced dropout rate or increased QUESTION: How would you institute objective measures for "pay for performance" for teachers? 415 ANSWER: Ms. Boone advised that conferences would be good; that it could be in the goais and objectkes in the same sense that we siso have expectatione for attendance; and she is not sure this really affects the education or what is going on the classroom, and how teachers teach. Mayor Bowers asked the followin_~ ,uestions: QUESTION: Can you provide your thoughts on the issues of all-year schooling, and school uniforms in the schools? ANSWER: Ms. Boone advised that she knows witi,in the proposed budget for next year, there was the prospect of having year-round schooling which perente could opt into; that this has not been funded, but has been reduced to the planning stage; and she is glad to see we are planning for it because it is an important thing for us to consider, despite the fact we do not have air-conditioning in all the schools; she feels a lot of children will lose out if they go through the summer and do not have the continuity, support and exposure to things that will help their academic progress, and when tfmy begin the school year, teachers have to spend a lot of time doing review; that if the school year was split and students had an eight-week study period and two weeks off it might work better for their academic success; and she realizes this is a very expensive proposition. She further advised that she went to a quadrant meeting some years back at Preston Park and a number of parents there were very interested in the school uniform concept; it ia her understanding that Ruffner is looking into the possibility of doing this; and she understands this is a site-bassd decision and it is appropriate; that it would be difficult to mandate this City-wide, but she understands parents' concern about their children wanting what other children have and how it could promote feelings of inequality; and must likely if one school does this, other schools will, as well. The second oereon to be interviewed was F. B. Webster Day, Mr. Day expressed appreciation for the opportunity to appear before Council. He noted that he and his wife have three sons, a first grader, a third grader, and a fifth grader at Fishburn Park Elementary School; Council is making parente' pride and pleasure in the Roanoke City Public Schools possible because its contributions to the City School System have been great; those contributions have bccn primarily two-fold -first, Council has not shirked the responsibility of funding, but has done the City's fair share, if not more, of putting the money in the School System's hands that ia badly needed, and secondly, and perhaps more importantly, Council has appointed School Board Msmbere who have the best interests of the City's children at heart, and have the judgment and determination to advance those interests effectively. He ateted he asaks appointment to the School Board with a healthy raga .rd. for the problems that ara facing our schools; foramoat is the need to raise our ch,ldran's achievement and at the same time lower the dropout rate; he does not pratend to have the answer for those questions, but aa a School Board member he would do his homework; through regular visits to schools, he would talk to teachers, parante and administrators and keep an open mind aa to their perapective of what the problems and possible solutions ara; he would work in a cooperative fashion with his fellow School Board members to see that the work of the School Board ia accomplished in a manner that ia free of bickering and rancor; that thera would probably be disagreement, but the idea would be to advance the work of the schools aa beet we can; and he would do his best to maintain and promote the good ralationship the School Board has with City Council. He advised that he expects when his sons graduate from high school, it will be from a Roanoke City Public School; that his goal and hope is during these years and beyond, he and all other parants in the City, and the citizens, can have the same pride and plessura in the schools that he has; and be would undertake his work on the School Board with that goal in mind. Mr. Parrott asked the followina auestion: QUESTION: I have been involved with a number of industrial development efforts, and one of the concerns that all industries have is training, and a lot of the training has to be specific to the industry. I would like to know what you think our · School System could do to better prepera our young people to go forward and receive further training that might be appropriate to some industry specifically? ANSWER: Mr. Day advised that particularly in the high school level, the vocational aspects we offer ara important ones; that the upcoming mandate from the State aa far as academic achievement will still need to be addressed; and he thinks the employers he is familiar with ara looking for students with good heads on their shoulders, the ability to think and solve problems, communicate, read and write, and have basic math skills. He stated one thing he thinks has happened in the industry and is accelerating across the board ia that joha ara training faster and faster; that people change jobs mora often now than ever befora; and students need to be prepared to have the ability to shift gears and raspond to those changes; and the best thing we can do ia to have students who have a good value system, aa far as hard work, and have some success in achieving that with that hard work. 417 Mr. Swain asked the followinn nuestione: QUESTION: One of the things you commonly hear when you talk to people who ars working in the School System as teachers and administrators is involvement of parsnta, and they generally feel it is not up to par. What would you do to improve that aspect of school operation? ANSWER: Mr. Day stated that this is a critical element; it is his understanding that the Depa,;,,ent of Education research shows the following ars three things which parsnta have control of and can greatly influence: (1) attsndance in school, (2) having books in their home, and (3) the amount of television in the home, and these three elements can account for up to 90 par cent of the differences between math scores at the eighth grade level; that the surest predictor of a child'e success is parent involvement, and this is a problem we will always face because there can always be more parent involvement; and some schools ars better at achieving thie than othera, but he thinks it has to come at the grass roots, the schools themselves. He advised one thing a school might want to do, if the eita-bssed Council and the principals and taachera think of it, is to make it · requirement that conferences be held with a child's parent throughout the year, which would show the parents that the school is there to help with the child, and to have that parent's involvement QUESTION: Another aspect of school oparst]on is accountability, which means you have an element there that is going to be successful and is going to do exactly what it is supposed to do. What would you do to establish a good, reliable system of accountability in the School System? ANSWER: Mr. Day advised that he understands, beginning with the next school year, the School system will base the compensation of principals on performance; that we need to have accountability for administrators, teachers, as well as students; that accountability on students is going to be forced on us by the Standards of Learning, Litsracy Passport, and other tests that ars coming. He statsd he is not sure that merit pay throughout the system is the way to go; he thinks we need to look at all sorts of incentives so that we have accountability and clear standards, and if tho~e standards ars met or succeeded, people, teachers, parsnta and administrators ara rewarded; and if they ara not, we try to find out why and get that corrected; and in the course of that, we need to make sure our teachers have the skills and wills to achieve that accountability, because it would be very difficult without that 418 Mr. Trout asked the followinp ouestion' ..QUESTION: As you know, the Magnet Schools .p, maya leading pert in..the educat]on of Roanoke's public school children, and the C,ty rece,vea over $7 mmlhon per year from the Federal government to provide funds for the program, and many of our schools take pert in it. First, how do you feel about the Magnet Schools, and secondly, if you were on the School Board and the Federal govemment decided to either reduce the funds or eliminate the funds, what would your reaction bo? ANSWER: Mr. Day advised that his children go to a Magnet School that is not Federally-funded, and it is one that works very well; that the idea of the Magnet Schools is to create diversity in a student body; and from firsthand experience, he can say this has worked very well at Fishbum Park, which has a very diverse student body with students from all over the City and from many foreign nations who have also come there; and it is a wonderful experience for the children. He stated that a reduction in Federal funding would be a sad event for that program; the programs at some point will need to evolve; the Magnet School program would be well-~uited so it ls not so dependent on Federal funds; if there is a way for us to encourage that on a local level, such as at Fishbum Park, he would be in favor of that; and with regard to a reaction to a reduction in Federal funding, to the extent that the School Board could voice that vote, he would want to voice his vote. Mr. INhite asked the followin, QUeSt]on: QUESTION: Wltat do you perceive are the major strengths and weaknesses facing the Roanoke City School Board, and what would you do to enhance the strengths and to mit]gata the weaknesses? ANSWER: With regard to weaknesses, Mr. Day advised that we have much work to do on standardized test scores; that our percentage of peaing Literacy Passport at sixth grade is just below 50 per cent; our quardle percentage on standardized tests is too Iow, whether compared with the national average or surrounding localities; our dropout rata at six per cent ia much too Iow; we have good policies and goals set into mot]on by the School Board, as well as very clear object]ye criteria by which we can measure our progress in that part; he would like to sea those objectives bo monitored and that the School Board be held accountable for doing that; and the progress should be measured, published for the cit]zens, and then we should grade ourselves on it. W'~t regard to the strengths, Mr. Day advised he thinks the S:hool System is well-funded; that as he stated previously, the school system will always be able to use more money, and always have to look for new and different sources of income and make better use of what it has; that he does not foresee a big budget crisis; we have a Superintendent who, although relatively new, bee shown great progress in setting the goals, and to have some continuity is an enviable position and is a strength; our student-teacher rstlo of 18 to I is good and is something we should be proud of; and the relationship between Council and the School Board is a real strength. Vice-Mayor Wy_att asked the followin_.._uestions: QUESTION: How would you ensure that we have objective measures for pay for performance, and that they were fairly and objectively administered, especially with the teaching staff? ANSWER: Mr. Day advised he has lasmed when he does not know an anewer, he usually says so; he does not have the answer on merit pay; from what he has heard, it has not worked well in divisions that have tried it; he does not know if it was because itwas not done right, or if the transition period was not long enough; and that he does not know enough about it to answer the question. He stated he thinks it is important to reward teachers for their performance and to give good teachers the incentive to do better; and he does not know if that ie in the form of merit pay or in some other form of compensation package. He advised that the question on a method of objective performance evaluation is a very hard one; that he believes when a teacher ia good, something magical happens in creating a lesming environment that is often unobjective, and you cannot quantify it; he does not know if any objective system for determining that would be fair because of that; whatever compensation system we have in place has to be perceived as fair by the teachers as well as the administration; and he would went a system where teachers would have a reason and the ability to achieve financially as well as anyone else in the City. QUESTION: In the area of social promotion, currently there is a practice in Roanoke City Schools that a child may be retained only once in the primary grades and again only once in the upper elementary grades, regardless of their performance. What is your feeling about that, and do you think it is a good idea or a bad idea, and why for either one? ANSWER: Mr. Day advised that he thinks it is a bad idea on the whole; that if we are going to have performance and progression, children nccd to be held accountable for that; if they get the message that it is alright to fail, they won't have that incentive; he thinks t~era needs to be a tightening of that, but if you do that, you have to address the needs of tJtat child who is not going to make it the first or second time; we cannot give up on those children because it is not fair to them, and it would be a travesty to do that; and we need a combination of accountability, as well as putting into the classroom the ability to address the needs of those children. 420 Reverend Harris asked the followina ausstion: QUESTION: With regard to discipline in our school classroom, which is a I. topic at the forefiont of much discussion locally, regionally and nationally, I would be intersstod in your thoughts on discipline ae you see it administered in Roanoke City Public Schools, and any additional steps or thoughts that you might have to better maintain safety and order in the classroom, not only for the benefit of our teachers, but aiso of the students there t~ying to learn. ANSWER: Mr. Day advised that he thinks discipline, along with safety in our schools, has to be a top priority for us; that it would do us no good to have the best instructional programs, and a computer in every classroom if we are endangering our children and teachers, or simply letting disruptive students undo all that good work; it has to be a priority and one that is continually looked at; and whenever someone says we have a problem with that, the School Board needs to take it seriously and look at it. He further advised, with regard to methods, that we nccd to invest in our tsachern the authority to have quicker discipline and to address those problems on the spot, and in the event that a student is persistently disruptive, to have that student removed from the classroom; the tsachera need that authority, and need to exercise that responsibility with good discretion, but they have to be the first line in maintaining order in the classroom; if this is done early on, perticulariy as we open up programs for three and four year olds, and children come i.nto school knowing the standards, they will leem quickly that they cannot act a certain way and get by with it; he thinks, on the whole, our schools are safe; and considering we have t3,000 students, when one looks at the level, frequency and severity of problems, he thinks we do a good job, but it is something that needs to be done even better. Mayor Bowers asked the followina aussfiOll' QUESTION: With regard to year-round schooling and school uniforms, what are your thoughts about those two issues? ANSWER: Concerning year-round schooling, Mr. Day advised that he has limited knowledge about the pros and cons on this; that he is in favor of the best use of our facilities that we can make of them, and he hears this as a big argument for year-round schools; that one thing we need to look at and educate the public on ia that there are usually programs going year-round; we may not have year-round schooling, but we have some good summer school programs whera good work is done on remedial work, ss well as extra course work being done; and to some extent we have yssr-mund schooling already. Wr~h regard to school uniforms, he advised that he thinks if there is the will of a school to have a uniform policy, and it is based 421 on a desire to eliminate disruptions or discipline problems, he ls in favor of it; that the School Board ought to support a school if it makes that choice, and gets · good, clear determination from the site based Council, teachers, students and administrators that they think this is right for the school; and ha would be in favor of supporting it, seeing if it works, and continuing the program if it works for a particular school. The third person to be interviewed wes Marsha W, ~JlJ~911, Ms. EIIison expressed appreciation for the opportunity to address Council. She advised that she is proud to be · Roanoke City School Board Trustee, which has been a rewarding and challenging journey; that Roanoke City Schools ers excellent, and although we have problems, our weaknesses have bccn faced and strategies have b--cn developed to tackle them head on; the Roanoke City Schools have had much success; that last year alone our graduating seniors received $t .72 million in scholarships, 72 per cent attencled college, and approximately 25 per cent attended technical schools, the military, or entered the workforce; and many of our senior students qualified for admittance to prestigious iustitutious and were prepared in the most academically rigorous curricula anywhere. She stated that what has helped our students achieve is high and clear expectations; that the Long-Range Technology Plan, approved in t994, provides our students with the tools they need to succeed; end the Partners for Success Program offers eighth graders a tuition- free college education and is sponsored by individuals, businesses and local colleges, and has received the American School Board Journal's Prsstigious Magna Award. She further advised that other initiatives she has supported ere the pre- school program, the goals and objectives enhanced in 1996 to include the priority of guidance preparation in the areas of job, college and career preparation, and specific objectives with measurable outcomes established in 1995 for student achievement, attendance and physical fitness. She stated she has been an advocate for public education, the bulwark on which our democracy stands; that to ensure our students ars actively engaged in their education, the parents and community must be actively involved; and she advocated that our long-range planning committee study parental involvement in our community this past school year. She stated that she visits schools and attends school functions, and believes it is important to sss first-hand what is happening in the schools, and opportunities for communication between the Board, school employees, and the community at school events; that she carefully reviews all materials befure decision making; she works very hard as School Board Chairman to plan agendas and conduct meetings; she studies the issues locally and by reviewing State and national education literature; and she planned a one and one-half day workshop for the Board to learn effective leadership and team-building skills. She noted that not only has she been an energetic and 422 visible Board member, she has also supported and advocatmJ policies that are working for our 8tude. nte and have gained Roanoke City Schools national recognition; that she will continue to support those efforts to improve academic performance; she supports our continuation of facility upgrados and school renovationa; and she will continue to support safe and disciplined Isaming environments, our objective to have teacher salaries reach the national average, and to voice her questions and observations to the School administration. She stated she would like to further develop greater participation of Ute public in public education; that her three-year tenure places her as the second senior Board member, so that now she can provide history and continuity; and above all, ehe will remember her first and greatest concern will be the educational welfare of the children who attend the schools in this great City. Mr. Swain asked the followin._ ouestions: QUESTION: When I telk to people, they indicate from the standpoint of the accomplishments of the School System that these are in Ute high realm and always stated, but when we compare our school system with oUter school systems close by, we do not show very well on performance of standardized scores. What would you do to cause those scores to be improved? ANSWER: M.?. Ellieon advised that 20 per cent of our s~dente are in the lowest fourth qua.rlile in the Iowa test scores in Roanoke City, so thrs fact will grestiy reduce our shomng in the Iowa standardized test scores; the Board has adopted, and she fully supports, our priorities for learning environment, objectives we have te put in place for our new standards imposed by the State; that they have creal~l incentives which measure the outcomes in the area of attendance because studenta can not learn if they are not there; we have shown improvement and last year was the first year for the incentives; last year, we had a 59 per cent increase in our indicators from the Stete Accountability Project; our drop-out rata is still too high, and we need to work on that; three of our schools met a goal of a one par cent decrease; and in the area of attendance, 20 schools did improved. She stored that if we can work in the area of learning environment and also some of the other initiatives for early intervention, with 29 pre-schools now in our system, this will help address some of these Iow test scores and help us get the scores up. QUESTION: On the other hand, looking at the scores, what relates to it is accountabilibj, and it appaare as though accountability needs to be tightened up in the School system, because if you have good accountability it means that you are going to progress faster, which is what the citizens want to see. What would you do to tighten up accountability in the School system from the top down to the teacher and student? ANSWER: Ms. Ellison advised that the message has to be esnt clearly, often and strongly that we have high expectatione for our students, and for employees also; this is one area that she juat covered as far aa incentives, because if we eee that epecific measurable results are not happening, the administration who we will hold accountable, will go back to the echoois and hold the echoois accountable and esk what they are doing to address the specific inadequacies, problems or weaknesses occurring where no Improvement is aesn. She advised that if the message is sent that we have a high expectation acros~ the gambit in our school system, this will certainly aend the message that we do have accountability in Roanoke City schools. Mr. Trout asked the followina_ a_uestione: QUESTION: With regard to the Magnet School program, we receive over $7 million per year from the Federal government for the Magnet schools. How do you feel about the Magnet program and its euccees, and as a School Board member, if these programs were reduced in funding or eliminated, what would your reaction be as a member of the School Board? ANSWER: Ms. Ellison advised that last year we received $3.2 million for establishing Magnet Schools at Huff Lane and Round Hill; that this was a nice infusion of money into our local economy and to institute some programs at those schools which would help those students be successful; that the Magnet program is a Federal program and has strict guidelines, and it was established in order to increase integration in our schools; and we were one of a very few school divisions across the nation that received five consecutive years of Magnet monies from the Federal government. She stated that there have been few a complaints because some students have been unable to get into the Magnet program, but those complaints have been few and far between; that the Magnet echoois help our students stay in school because it gives them a goal of wanting to be there, being really interested in a particular area, and in order to be in a particular magnet program, the student has to be accountable for basic subjects, and she is a supporter of the Magnet program and its continuation. QUESTION: If these programs were eliminated or reduced by the Federal government, how would you continue the program if this took place? ANSWER: Ms. Elliaon advised that after the initial Federal grant money for the Magnet Program is received, no further money ia received, so the cost of the program has to be picked up by the local School division; we have two schools that 423 424 have b~-.--n irr~.Ututsd as local Magnets, Fishbum and Madison; if them were nr, rn,~,~ __._ . .. Pi~, . . .w~.m. ,ocal funds, because once they become pert of the scnoo:, may are compmely ,nmgretsd within that school's specific budget. Mr. White asked the followina_ aueetion; QUESTION: What do you perceive as the major 8trengtlm and weaknesses facing th.e. Roanoke City Schools, and what would you do to enhance the strengths and to m,tlgats the weaknesses? . .AN.S .~.R.: Ma. Ellison. advised that she thinks the strengths of Roanoke City acnoom m m me opportumties we offer our students; that we have fifty distinct programs available for Roanoke City school students, we he M , . .,, u gmat numser or agnet schools, and at a Magnet school, such as Will,am Flaming High School, th.ere ..a..m..re. any dif~..,rent programs; at Patri.c..k Henry High School we have some omar I,me magnets I,ks the Center for Human,Uae; and we have so much to offer our students if they will seize the opportunities She eta ___oee~ll ye. fy u.p.front ,n .a.d..m!~.n.g th. at we have ..to work on improving our stu-- ~le"n-~s'~ .;acem,c acn,evement; mat.re_m_ wall mean continued support for our.incentives; for example, each school has b..n challenged to have a four per cent ,ncrease in the an. nu~. I Iowa test scores, wa have challenged our schools to decrease the drop out rate by on.e per cent for each of the next three yesre, we hav. e challenged our schools to mcresee attendance by ten per cent for students mies,ng fewer than ten days; and we ha.va to get those 20 per cent orso studen~ out of the bottom quardle, we need to continue to work on that; and wa are boginn,ng to see some results. Vice-Mayor W~_ att ssked the followina auestion~; R .QU_E.S. TION: Reoardin.g aoci.a.I promotion, currently it is the practice in oa .n.oKe ~ity schools to reta,n a chald only one time in the primary grades and only .one..time.in ~e. upper elementary grades, regardless of rformance, st ~ · . . pe Wh .... ,___ i~;,ng a~out mat practice, good, bad or ;nd~fferent, and what would you do about ANSWER: Ma. Ellison advised that this is the firat time th; ..... .:__ ,__ ~ sP~je~t~Ovoh;r;m~us~t she .beli. e. ves the State has certain guid;;n~on~Sma~n; y ' . ..p~.ss a.~.rang in middle school to be promoted; and perhaps wa nccd to .mexam,.n.e .thm pohcy; that regarding accountability, we have looked at our students ,n a holmtic way and pert of that is how they feel about themselves; she is i 42b firm believer that success for a student will make them feel the best about themaelvss; she would like to look at the i~..ue and eee if it hae helped us at all, or d.etermine why we have this particular pol,cy if students have not mastered the drsciplinss they need in order to be successful. QUESTION: if Roanoke City were to adopt a pay for performance pay scale for teachers, how would you eneure that there wore objective measurements for that and they were objectively applied? ANSWER: Ms. Ellleon advis~l that she is not a profos~ionsl educator, but she would like to see it based more on a school's performance; that you would have to look at the starting points, such as if you were looking et the idea of holding a teacher accountable for a particular achievement of that class for that year; that a lot of times a student's progress has to be measured over several yssr~, because when you get a student who is new in our system, you have to measure where that student is at that particular time and then you would measure that student's academic progress throughout the year; she has alwaye looked at testing as something that should help etudents and the tsechera to pinpoint those students who need attention; she would have to think hard and deep about basing pay on teacher performance; and she looks at it more as the progress of a child end how that child performs in that particular school over a certain number of year's of grades. Reverend Harris asked the followina ._uestion: QUESTION: There has certainly bccn a lot of media attention to the issue of school discipline, not just in Roanoke City schools, but in the school divisions of our region, and this subject is at the forefront of public education discussion taking place at a national level. I would he interested in hearing your thoughts on discipline as it is administered in Roanoke City schools, any thoughts or ideas you might have on additional steps that might be taken to ensure that the classrooms of Roanoke City schools are safe and orderly so the teachers can teach and the children can learn. ANSWER: Ms. Ellison advised that four years ago she was asked to serve on the committee that was putting together a new behavior code for students, which ultimately resulted in the Standards and Expectstione for Student Behavior passed by the School Board in 1994; that we did have a behavior code before that time, but this new document gave a clear and specific outline for student behavior; that it contains a chart which lists offenses and consequences, and minimum and maximum consequences; that the School administration, with her support and the School Board's support, has voluntarily asked parents or guardians to sign a pledge 426 saying that they support the School system and will be port of our team in reenforcing what we ars trying to do with our students, and that an orderly and disciplined leeming environment is the only one in which our students can best lesm and best seize the opportunities provided for them. She stated that several years ago a survey wa8 done of Roanoke City teachers, and quite frankly, the survey did not show that there was a large number that had discipline problems in their classrooms; that recently she has heard there are some particular sites which might have an issue of consistency, and her response has been she would consider a committee to look at this issue; that the matter has been referred to the Superintendent, as to whether we need stronger in-service through staff meetings of administrators with their teachers, making sure that the teachers understand so there is consistency between teachers from class to class, and each teacher will have a modicum of the same amount of tolerance for behavior, and all administrators will be consistent in the implementation of consequences; and she is · finn advocate of s safe end orderly Issming environment. She stated she has two students in the school system and has not, fortunately, I:ccn worried for their safety; that aha has, upon occasion, heard of specific incidents, but 8he does not think there is a mass problem in Roanoke City schools with discipline or behavior problems. Mr. Parrott asked the followings auestion: QUESTION: One of my concems ia the need for training for futura or prospective industries that come hers, and although that ia generally handled on a separate basis from the school system, wa have to prepare our children for this, and it is principally oriented toward those who do not go on to some kind of higher education. Do you have any thoughts on how wa can better prepare these youngsters for going on to receive training when it is available? ANSWER: Ms. Elllaon stated that our business, technical, and vocational areas are up-to-date and meet the needs of business and industry of today; and in 1993, one of the School Board's prlorltiee was to institute an instructional program review, and committees were set up and went into the schools and reviewed the programs including the business, technical, and vocational program. She commented it is very important to review programs and see that the needs of the students are adequately met. She advised the Jobs Fair program encourages employers to meet with our young people; at the last School Board meeting a report was given stating dividends ars already apparent as students are producing wonderful portfolios and given skills to write resumes; and she does agree that not all students want to go to further higher education and should have an option to immediately seek employment, and the portfolios show students what is required in their particular field of interest. -! 427 Mayor Bowers asked the followina~ auestioq; QUESTION: What are your thoughts about year-round schooling and school uniforms? ANSWER: Ms. Ellison advised the School Board has endorsed yssr-round schooling by implementing a pilot program at an elementary school; she supports yser-round schooling because of the long lapse of time in the summer and the amount of review required when classes resume in the fall, although financial resources are a consideration; and that the Roanoke City Schools have a vary developed summer school program. Ms. El#son advised, with regard to school uniforms, during her involvement in P.T.A., groups of parents from Raleigh Court Elementary School and Huff Lane Elementary School were interested in school uniforms; this year, involved parents of Ruffner Middle School have examined the possible use of school uniforms and intend to bring a plan of adoption for school uniforms at Ruffner Middle School to the School Board meeting in May; and she supporl~ school uniforms, especially if the majority of the parents or guardians and school staff support the idea. Mayor Bowers expressed appreciation for Ms. Ellison's past service on the School Board and for her willingness to serve again. The fourth ~erson to be interviewed was Joann Hamidulish. Ms. Hamidulish stated she is a life-long resident of Roanoke City and a graduate of Jefferson Senior High School; she is married and has two children who are currently enrolled in the Roanoke City Schools; she has been actively involved in the Parent-Teacher Association (P.T.A.) for 15 years and has served on the Central Council P.T.A. Board the last 11 years, and has served in various leadership capacities; she has served on the City-Wide Sito-Bssed Management Council, the Budget Advisory Committee, the Long-Range Planning Committee, and the Calendar Committee; and she is presently involved in the District P.T.A. and is fourth Vice- President and Chairperson of the Bylaws. Ms. Hamidullah advised in ali the above-mentioned positions she has interacted with the Superintendent and the administrative staff with whom she has developed a good working relationship; she feels these experiences have helped to prepare her to fulfill the four main responsibilities required of a School Board Member; namely, maintenance of a program of quality instruction, management and 42'8 direction of the echool system, guidance of the School System through policies, and between community and staff. She advised her work schedule is com. mun|cation flex,bis enough to allow her, aa a potential School Board Member, to adequately meet the required responsibilities. Mr. Trout asked the followin,_ questiont; QUESTION: Roanoke has a great interest and investment in the Magnet School Program. William Fleming High School and Ruffner Middle School have become Magnet Centers along with other schools participating in other magnet program such as a preschool program, a space program, and a math center. With the Federal government funding $7 million of this expanse, I have two questions. How do you feel about the Magnet School Program; and secondly, if you were a member of our School Board and the Federal government reduced funding or eliminatmJ the Magnet Program, how would you react to continuing these programs? ANSWER: Mt. Hamidullah advised the Magnet Program'e purpose was to integrate the races and this has been established. She stated that the School Board would need to work as a group to review the Federal guidelines and request the community's input regarding the continuation of the programs. Mr. White asked the followina auestion: QUESTION: What do you perceive as the major strengths and weaknesses facing the Roanoke City Schools and how would you mitigate the weaknesses and enhance the strengths? ANSWER: Ma. Hamidullah advised one of the weaknesses she sees in the Roanoke City Schools is concerning standardized testing and the test scores students ara receiving; the strengths she sees in the Roanoke City Schools are having a School Board that goes to the community with concerns and keeps the community well informed about what is going on in the school system. She stated she feels the Roanoke City School administrative staff and School Board have done a good job. Ms. Wyatt asked the followin,~ o_uestions: QUESTION: The first question is regarding the practice of social promotion in the Roanoke City Schools. Currently, children can only be retained once in the primary grades, kindergarten through second grade, and once in the upper elementary grades, grades three through five. Do you feel this is a good or bad practice and why? 429 ANSWER: Ms. Hamidulieh advised she believes a child's promotion should be based on ability instead of the grade level; that if s child has not excelled in what is expected, the child should get some remedial help or remain in that grade. She also commented she feels s child should not stay in one grade level for a long period because there ere beckieshes of an older child being with younger children regarding what can occur; and there ere other concerns to be considered regarding this issue. She advised she does not think a child should be rewarded simply because the child has been retained once, and believes s child needs to acquire the knowledge before promotion occurs. QUESTION: The second question has to do with theory of pay for performance, in particular, for teachers. If Roanoke City were to adopt s policy of pay for per~ormanca for its teachers how would you ensure, as a School Board member, that there are objective measurements and that they were fairly administered? ANSWER: MI. Hamidullah advised she would access some criteria for the way the system is administered, and based on the evaluation of the teacher, then decide from there what needs to be done. Reverend Harris asked the followin,_ ,_uestion: QUESTION: There has I:ccn a lot of attention on the issue of classroom discipline in Roanoke City and in other school divisions in our region, and I think it tends to be s reflection of the discussion that has taken place nationally. School discipline is s topic that is st the forefront of those topics regarding public education. How is discipline administered in the Roanoke City Public Schools, and provide additional steps you might have in mind that would help ensure that the classrooms in Roanoke City are safe and conducive to a Isaming environment so that the teachers can teach and the students can lesm. ANSWER: Ms. Hamidullah advised the Roanoke City Schools have some strong disciplinary measures, but she does not think they are being implemented in the same way st each level in each school. She stated that disciplinary procedures should be consistent at all schools. Mr. Parrott asked the followino ouestion: QUESTION: My concern involves the training that a perspective industry coming to Roanoke would want their people to have prior to coming to work for them. How would you think we can better prepare students not planning to continue to higher education to get s better job and take advantage of the training when it becomes available? 43O ANSWER: Ms. Hemidulish advised the community and industry need to coma together with administrative staff and work out a plan of action aa to what needs to be taught and what needs to be lesmed to handle that specific job. Mr. Swain asked the followin ~o ouestions: QUESTION: With regard to a question you answered for Mr. White, you indicated that one of the weak areas in the school system wes the performance on standardizad teats. Can you tell me what you would do to improve that? ANSWER: Ms. Hamidullah advised students nc. cd to be viewed es individuals, and their weaknesses and strengths need to recognized. She stated that students do wall when paired with other students to work together to solva iL QUESTION: People have related to him that in order to improve scores, it is necessary to have a good system of accountability by holding people responsible from the top down to the student. What would you do to get a good system of accountability in the school system? ANSWER: Ms. Hamidullah advised that a system of accountability is already set up in the school system, and we do hold teachers and staff accountable for the actions, which was one of the School Board's goals and objectives. Mayor Bowers asked the followin._ ouesfiolt; QUESTION: What are your thoughts about year-round schooling and school uniforms? ANSWER: Ms. Hamiduilah advised she does not foresee yesr-round schooling happening in the near future because of funding. She commented that she feels the school uniform policy should be left up to each individual school. At 7:50 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. The fifth person to be interviewed was Sherman P, Mr. Lea advised he is a native of Danville, Virginia; he received a Bachelor's Degree in Sociology at Virginia Union University in Richmond, Virginia and continued his education; he became a parole officer in Virginia and continued his career along that track and later was promoted to Chief Parole Officer in Northem 'I 431 Virginia, and was then appointed to the position of Regional Administrator for the Virginia Depe,b~ent of Corrections. He stated he has had the opportunity to be associated, through his advocation and vocation, with school related activities and sports with young people et both ends of the spectrum; he advocates education is the kay to succes~ to tho~e beginning to develop their lives, es well aa othere on parols seeking another chance; and after 20-plos years of experience with the Depe,;,,,ent of Corrections, there lsa direct correlation between the lack of education and the involvement in crime. Mr. Lea stated, as a parent and a citizen, he feels obligated to invest his time, knowledge, and experience to make a positive contribution to our education system to make a difference in the lives of our children as well as our community. Mr. White asked the followin_o ouestion: QUESTION: What do you perceive as the major strengths and weaknesses facing the Roanoke City School system and what would you do to mitigate the weaknesses and enhance the strengths? ANSWER: Mr. Lea advised he believes the major strength of our school system is comm;;,,,ent and dedication of our school superintendent, adminis;,,~ore, and educators. He stated the school system needs to do a better job communicating to the community our strengths and what the schools are doing, and receive more involvement from the community. M~, W~_ att asked the followina auestions: QUESTION: The first question is regarding the practice of social promotion in the Roanoke City Schools. Currently, children can only be retained once in the primary grades, kindergarten through second grade, and once in the upper elementary grades, grades three through five, regardless of their accomplishments. What is your feeling about this practice? ANSWER: Mr. Lea advised all effort should be put forth to help our children achieve. He stated a degree of competency in reading and math is desired; he believes social promotion will hurt the student because they will not be able to comprehend things they need in order to become responsible contributing members of the community; and that more emphasis should be placed on competency and achievement. QUESTION: The second question has to do with pay for performance for teachere. If Roanoke City ware to adopt a policy of pay for performance for teachers, how would you ensure, as a School Board member, that there are objective measurements and that they were fairly administered? 432 ANSWER: Mr. Lea advised that you need to make sure that everybody involv, ed in the proce~ has mn understanding of what is going to be required and what ,s expected. He stated he is familiar with pay for performance because the State of Virginia implemented pay for performance and he had to make some decision regarding this; that who gets paid for performance is critical, and it is important that everyone understands what is expected and how things will be measured; pay for for performance has some good merits; and with his experience with the Department of Corrections, he learned it is important to be very clear. Reverend Harris asked the followina auestion' QUESTION: There has been a lot of attention on the issue of classroom discipline in Roanoke City and in other school divisions in our region and I think it tends to be a reflection of the discussion that has taken place oat]onally. School discipline ia a topic that is st the forefront of those topics regarding public educetion. How is discipline administered in the Roanoke City Public Schools, and give additional steps you might have in mind that would help ensure that the classrooms in Roanoke City are safe and conducive to a learning environment so that the teachers can teach and the students can leem. ANSWER: Mr. Lea advised he believes there has to be a firm stand regarding discipline because schools have to become an environment that is conducive to lasming; discipline problems that come about often distract students and teachers; and there must be a code of conduct that is expects] of everybody, and enforcement should be consistantstallschoole. He statsd thatyoung peopis want discipline and that schools need to be understanding but f~rm and decisive in disciplinary action; and he believes disruptive students need to be moved out of the classroom so the classroom environment is conducive for learning. Mr. Parrott asked the followin_a aueetio~l; QUESTION: My concern involves the training that a perspective industry coming to Roanoke would want their people to have prior to coming to work for them. How would you think wa can better prepare students not planning to continue to higher education to get s better job and take the training when it bocomas available? ANSWER: Mr. Lea advised he believes in developing partnerships where by people who are in technical vocation or have vocational skills can go to the industries and have exchange so they can see firsthand the way industries work; that upon recently visiting the technical schools, he realized the students are gifted 433 in skills other than the basic academics; and he believes partnership with businesses and local industrie~ will allow technical students to observe industry end in turn allow students to come into industries and show industry how they can better assist students in technical careers. Mr. Swain asked the followin_a q,_,e_-tions' QUESTION: When you start talking about school performance the first thing people say is the scores on standardized tests do not look good in comparison with other local school districts. What would you do to improve standardized test scores? ANSWER: Mr. Lea advised that we need to begin to teach students the format of the tests and the most efficient way to take the Uts, then review the curriculums that students are bested on and determine if we ars using the same terminology we ars using on standardized bests. He stated he belisvss it is essential to continue teacher training regarding the newest methods in taking standardized tests. QUESTION: People have related to him that in order to improve scores you need a good system of accountability by holding people responsible from the top down to the student. What would you do to get a good systsm of accountability in the school system? ANSWER: Mr. Lea advised he believes accountability rests in identification of needed improvements; he believes citizens ars asking whether students are graduating and whether the best scores have improved; and accountability would be to challenge our educators to meet certain scores with their students in an open and challenging way. Mr. Trout asked the followina auestion' QUESTION: Roanoke has a great interest end investment in the Magnet School Program. William Fleming High School and Ruffner Middle School have become Magnet Centers along with other schools participating in other magnet programs such as · preschool program, a space program, and a math center. With the Federal government funding $7 million of this expanse, I have two questions. As you are actively involved at William Fleming High School, whet is your opinion about the Magnet School Program and its accomplishments? Secondly, if you were a member of our School Board and the Federal government reduced funding or perhaps eliminated the Magnet Program, how would you react to continuing these programs? 434 ANSWER: Mr. Lea advised ha feels the Magnet .S, chool Program is a good program and he has been impressed wi~ the comm,ttsd people he has seen working in the program; the level of expertise that students receive in the Magnet Schools is outstanding; and the school administration needs to continue communicating to the public what the Magnet School Program is and the cri~ria for enrollment. Mayor Bowers asked the followina question: QUESTION: What ara your thoughts about year-round schooling and school uniforms? ANSWER: Mr. Lea advised year-round schooling ia a good concept if instruction days ara added. He stated his views may be different regarding school unifornm because of what he has seen in his vocation; he would not be opposed to school uniforms on a pilot basis to see how it would be received and to analyze the strengths and weaknesses of a school uniform policy; he thinks it would relieve a lot of the pressure some students feel in trying to dress beyond their means; and from the studies he has seen, the school uniforms may be the way to go in the and last ~erson to be interviewed was Michael L. Ramsay. Mr. Ramsay advised throughout the process of applying for a position on the Roanoke City Public School Board he has examined his intsreat in this position and his dedication to service of his adopted hometown. He commented that par'dcipation in public education should outlast our own children's involvement and it is in this context he is willing to serve the City and its public school students by offering his name as a candidate for the School Board Trustee position. Mr. Ramsay advised Council that The Roanoke Times and the National Education Association have given the candidates a list of thought-provoking questions of which he has given a copy to the City Clerk, as well as a copy to each Council Member, including his comments regarding each question. Ms. Wyatt asked the followina_ questions: QUESTION: The first question is regarding the practice of social promotion in the Roanoke City Schools. Currently, children can only be retained once in the primary grades, kindergarten through second grade, and once in the upper elementary grades, grades three through five, regardless of their accomplishments. What is your feeling about this practice? 435 ANSWER: Mr. Ranmey advised social promotion lsa more complex issue for public employees than in the. private sector. He stated he feels the teachers that go beyond the minimum requlrementa, beyond average, to teach students should rewarded; ha does not know how it would be structured te be fair to all; however, he believes socisl promotion worlm well in the private secter. Reverend Harris asked the followina aues'don: QUESTION: There has been a lot of attention on the issue of classroom discipline in Roanoke City and in other school divisions in our region, and I think it tends to be a reflection of the discussion that has taken place nationally. School discipline is a topic that is at the forefront of those topica regarding public education. How ls discipline administered in the Roanoke City Public Schools, and give additional steps you might have in mind that would help ensure that the classrooms in Roanoke City are sate and conducive to a learning environment so that the teachers can teach and the students can learn. ANSWER: Mr. Ramsay advised there are some parallels to the social promotion issue. He stated he believes it is the duty of the community to educate children and an obligatfon of psrenta to send their children to public schools; he believes children that cause disciplinary problems regularly should be removed from the classroom; and that teachers work hard in the classrooms, and respect is appropriate and is required in the business world. Mr. Parrott asked the followin_a ousstion: QUESTION: My concern involves the training that a perspective industry coming to Roanoke would want their people to have prior to coming to work for them. Employee training is a major factor industries consider before locating in an area. How would you think we can better prepare students who are not planning to continue to higher education to get a better job and take the training when it becomes available? ANSWER: Mr. Ranmey advised his three step~ons cover the range of public education; one was an honor student, one was a 'C" student, and the third was in special education and consequent]y, he has had the opportunity of sssing how each sector is treated. He pointed out that the State V.I.CA. Conference, which was held in Roanoke recently, was not wall attended by the school administration, and did not race!ye much media coverage, which shows a lack of focus on non-collsgiata ~ain,ng courses. He rslstmJ hem his experience in economic development that the City needs more trained, skilled workers to turn raw materials into something useful; and he would support a renewed emphasis on vocational education. 436 Mr. Swain asked the followino_ questions: QUESTION: The Roanoke City Pubic Schools standardized tsst scores em not what they should be and the schools ars suffering somewhat from urbanization and may not come up to other ~come. What would you do to improve standardized test scores? ANSWER: Mr. Ramsey advised he is a strong believer of basic education, although technology is an important pert of the educational process as well; and he believes if basic skills wors reemphasized on a yearly basis it would incrsase standardized test scores. QUESTION: People have rslatod to him that in order to improve scores you need a good system of accountability, by holding people responsible from the top down to the student. What would you do to get a good system of accountability in the school system? ANSWER: Mr. Ramsey commented that he did not know, but felt that he would need to look at the existing accountability issues, and how teachers and the system ers held accountable to the performance of their students. Mr. Trout asked the followina ouestion: QUESTION: Roanoke has a grsat interest and investment in the Magnet School Program. William Fleming High School and Ruffner Middle School have become Magnet Centers along with other schools participating in other magnet programs such as a preschool program, a specs program, and a math center. With the Federal govemment funding $7 million of this expense I have two questions. What is your opinion about the Magnet School Program and its accomplishments? Secondly, if you were a member of our School Board and the Federal government rsduced funding or perhaps eliminated the Magnet Program, how would you rsact to continuing these programs? ANSWER: Mr. Ramsey advised he was part of the team that designed the Addison Aerospace Magnet School and admitted he is a little prsjudice. He commented that the Magnet Schools have given some excitement to the Roanoke City Public Schools, and given innovative ideas to students to keep them excited about education. 43-7 II Mr. INhi~ asked the followin~a n_,_,~__~tion: QUESTION: INhat do you perceive aa the major atmngtha and weaknesses facing the Roanoke City School syetem, and what would you do to mitigate the weaknesses and enhance the atrengths? ANSWER: Mr. Ramaey etetecl he feels that while the school ayatem has worked hard to involve parents, a weakness occure when students leave the echool syatem; perente are not alwaya given an opportunity to be involved except by volunteering; and he believss community involvement neede to be part of the educational process. Mr. Ramsey advised that among the atrengtha of the achool eyetem are the people who run the achoois. He stated he believes the Roanoke City School System has overcome the attitude that Roanoke City does not have a etrong school eyatem, and families locating in Roanoke City are no longer encouraged to attend another school district. Mayor Bowers asked the followin_~ auestion' QUESTION: What are your thoughts about year-round schooling and school unifo~ms? ANSWER: Mr. Ramsey advised year-round schooling is a difficult issue for him to underetend unless the entire school system goes year- round. He stated he would agree with some form of year-round schooling, possibly not every weak and month of the year, in order to give ample vacation time to students and teachers; and it would be good to investigate how year-round schooling has worked in other communities. Mr. Ramssy advised he is not convinced that school uniforms are bad; and that if it helps the discipline problem and gets children focused on education rather than expensive clothes, school uniforms would be a plus. Mayor Bowers reminded Council that the School Board interviews were being taped on April 24, for rebroadcast on RVTV Channel 3, on April 28 at 6:30 p.m., April 29 at 1:00 p.m., and May 1 at 6:30 p.m. He advised that Council will conduct a second public hearing on Monday, May 5, at 2:00 p.m., during the regular meeting of Council, and an election to fill the three vacancies on the School Board would be held at a special meeting of Council on Monday, May 12, 1997, at 6:00 p.m., in the Council Chamber. 438 M All interviews having been concluded and them being no further businee~, the ayor declared the meeting adjourned at 9:00 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 439 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL May 5, 1997 12:00 noon A joint meeting of the Council of the City of Roanoke and the Roanoke Redevelopment and Housing Authority was called to order on Monday, May 5, 1997, at 12:00 noon, in the Emergency Operations Center Conference Room, Room 159, Municipal Building South, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers and Chairperson Willis M. Anderson presiding, pursuant to Resolution No. 33349-042197, adopted April 2t, t997. CITY COUNCIL MEMBERS PRESENT: James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain and Mayor David A. Bowers 7. CITY COUNCIL MEMBERS ABSENT: None HOUSING AUTHORITY COMMISSIONERS PRESENT: Ronald O. Crewford, Carolyn M. Johnson, James W. Burks, Jr., Christie L. Meredith, Joseph F. Lynn and Chairperson W'dlis M. Anderson 6. HOUSING AUTHORITY COMMISSIONERS ABSENT: H. Victor Gilchrist ..... 1. CITY STAFF PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; Willard N. Claytor, Director, Real Estate Valuation; Glenn D. Radcliffe, Director, Human Development; Kit B. Kiser, Director, Utilities and Operations; and William F. Clark, Director, Public Works. HOUSING AUTHORITY STAFF PRESENT: Earl W. Saunders, Jr., Management Director; David E. Baldwin, Director of Housing; Dann M. Campbell, Rehabilitation Director; Anita L. Lee, Resident Development Director; Nancy G. Wade, Finance Administrator; Charlotte A. Mason, Human Resources Administrator; James L. Mihalik, Construction Director; Devona O. Springer, Information Officer; H. Wesley White, Director of Development; John P. Grove, Attorney; and Evelyn A. Ringler, Executive Administrative Assistant. Following lunch, the business session convened at 12:35 p.m. 440 C..OUNCIL4?OUSINGJAUTHORITY: The Mayor extended a welcome to Housing Authority Comm,ssionere and Staff on behalf of Council and City officials. The invocation was delivered by Council Member C. Nelson Harris. .C. hairman Anderson advise, d that at .the request of the Henry Street Revival Comm,ttee, the Hous!ng Author,ty comm~?sioned a.land use plan which was compl.eted by Hil! Studio, P... C., and the Hou.s~.n.g Authority stands ready to proceed, in conjunction ruth Counc;I, to pursue new m~tiatives. He stated that Henry Street, in addition ,to downtown housing, can benefit by the. fresh perspective of the new Execu. tire D,rector, John P. Baker, who will es~.ume h,s position .on .Ma.y 2t, t997. He expla,ned that Mr. Baker has 30 years of experience, mos.t of wh,ch ,s ,n communi.ty devel.e.pm..ent and downtown redevelopment, and. he ,s quite accomplished ,n coord,nating.unconventional partnerships. He adv,sed that the O.utiook Roanoke study, which ~s currently in draft form, places considerable emphas~s on downtown ~l~U.sin. g and iden.ti, fies a desired location for downtown housing in the Far,,,er's rKet area, and me study identified the Housing Authority as the lead agency because of certain land own.erehip in the area. He added that the report also refers to downtown Roanoke ho.u.s~ng in an area known as "Salem Muse," as well as new development along Frankl,n Road and Elm Av.e. nue and again identifies the Hous!ng Authority as the lead agency for land. consohdation. He stated that the Hous,ng Authority shares a common interest nth Council regarding downtown housing, the Housing Authority wi!l place top priority on the matter, and will seek new ideas from the incoming Executive Director. A report on Roanoke Redevelopment and Housing Authori~ activities which included information on accomplishments of the Housing Author,ty par. alleling the approximately five years that. Neva J. Smith served as E.x. ecutive D~rector was presented. The Cha;~,~an adv,s.ed that the H.o. using .Author,ty provides numerous social services to over 1400 res,dente of publ,c hous,ng. Mr. Saunders presented a welcome/information ,,a,'k-..~ which is presented to each new member of public housing upon occupanc"y.~ -uT Ms. Lee reviewed efforts to provide oppo. rtunities for adult residents to further their education and job training skills in conjunction with the. Federal Welfare Reform Bill. She also reviewed youth programs that encourage ,nvolvement and participation by all residents of public housing. Question was raised as to actions taken to date to provide day care services for tenants of public housing, especially in view of the u..p. coming Federal Welfare Reform Act. Ms. Lee responded that day care services w, II be an important aspect 441 of moving public housing recipients from the welfare role to the workforce, and the Housing Authority will offer training programs to residents in day cars provider certification so they will be able to provide home day care for children of their neighbors when they enter the workforce. There was discussion with regard to college scholarships offered through the Housing Authority to public housing recipients since 1980, and it was noted that over 50 scholarships have been awarded. Ms. Lee pointed out that at least six additional one thousand dollar scholarships will be offered this year. She advised that Virginia Western Community College courses have been taught on site at one of the public housing developments which have provided rs$idente who have been out of the school environment for a number of years, or in some cases have not completed high school, with an opportunity to complete their first year of college on familiar ground. She added that the program has been successful and Housing Authority staff is working with Virginia Westem Community College to increase enrollment and to offer additional classes. Question was raised as to how the Housing Authority addresses the issue of crime in public housing developments. Mr. Baldwin advised that for five years, the Housing Authority has participated in the Community Oriented Policing Effort (COPE) Program and they have been fortunate to obtain grant funds to pay for certain COPE team costs. He explained that the COPE team works at housing sites on a rotating basis, the program has been successful because police officers and public housing residents get to know each other, and COPE officers participate in recreational activities for youth and volunteer for clean-up programs. He called attention to private security officers who staff high rise units for the elderly, and the managers of each housing development meet periodically with COPE team officers to discuss matters of mutual concern. Mr. Baldwin reviewed plans for the Lincoln 2000 project in which he addressed a question raised by Ms. Helen E. Davis, 35 Patton Avenue, N. E., as to whether the needs of senior citizens have been addressed in the Lincoln 2000 project and whether a grocery store is included in the proposed plans. He advised that a grocery store is not located on public housing property and is not included in the Lincoln 2000 project proper; however, the Housing Authority is aware that some type of retail grocery store establishment might be of benefit to residents of the area and the matter will be further investigated. He explained that part of the project involves the demolition of some of the buildings, remaining buildings will receive significant revitalization, and the Housing Authority has promised all residents of Lincoln 2000 that assuming their building is not razed, they will be permitted to move back into their own unit upon completion. With regard to those buildings that are scheduled 442 for dem. olition, he stated that the Housing Authority has secured a Section 8 subsidy for residents to enable them to.move to another site in the c. ommunity.. He explained that the Housing Autflo.rity will insure that no family goes w~thout hous;ng as a result of the Lincoln 2000 project, and over the next few months, plans and spec?cations for the first phase of renovation will proceed and Housing Au~ority staff w, II attempt to secu.re funding sourc, ee for ~e project. He advised tha.t estimates for completion of the L,ncoln 2000 project are in the range of $20 - 24 re,Ilion. Question was .raised as to whether the City will be responsible for ark improvements in the Lincoln 2000 r~roiect' wh ...... '~ ........ P the ';---'- ~^ ...... r .! , ~,~,~u., me ~,ny manager aavlsed that · ,-,.~.u,. ,:uuu p,an specifically Calls for "edae" work whi.-k ;- .._.k __., _ - . -- .- ~ , v...~ ~-u~u anu gutl:er In o.ro.er .zo..pr.ovloe an edge on the park so that both sides of the street will m~f,-k srateo maz a plan for Washington Park has not bee- -~----, ..... ";-:'"'."; ,, u~vu,upe=, auz runaing que?tions will be answered .when City Council holds a public referendum on bonds in the range of $35 - 37 million which is ~ntatJvely scheduled for November lg97 with .a. sale date of January 1gag.. He ex.plalned that City Council is delibsratina ove~ questions regarding school fundma, bndnes c.,k ~..-- .......... and recre~--,-~,: ...... - ...... ~. .... ~. ., -..-,?uL~,r aha slaewalK, anG parks ...... -, ,oou~. ,~ .u~ea znaz I~ Is too early to say which of the parks will receive funding or the amount of funds to be included in the bond referendum f.o.r parks. He stated that following a city-.wide public partic!pation process in which citizens wil! have an opportunity to provide input, suggestions will be inco orated and a funding package will be reported to Gouncil for consideration, rp Question was.raised as to whether there will be a .day care component in the Lincoln 2000 project, whereupon, Ms. Lee advised that V~rginia Westem Community College proposes, to provide a day care training program at one of the public housing sites, while at the same time providing day care services for children. At 1:35 p.m., the Mayor declared the meeting in recess until 2:00 p.m., in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W. At 2:00 p.m., on Monday, May 5, 1997, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City o.f Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members James O. Trout, William Whi.te, Sr., Linda F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain and Mayor David A. Bowers --7. ABSENT: None O. 443 II 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 Robert Watts, Associate Pastor, Greene Memorial United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ROANOKE CITY BOXING ASSOC.: Mayor Bowers and Council Member Trout, Chairperson, Board of Directors, Roanoke City Boxing Association, recognized achievements of the Roanoke City Boxing Association, in connection with competition held in Barboursville, West Virginia, where Roanoke's Victory Boxing Club dominated in the four- state competition. The Mayor and Mr. Trout presented members of the Victory Boxing Club with City of Roanoke Executive Glasses. LANDMARKS/HIST. PRESERVATION- PROCLAMATIONS- TOURISM: The Ma. yor presented a proclamation declaring the month of May 1997 as Virg,nia Heritage Tourism Weeks. (For full text, see Proclamation on file in the City Clerk's Office.) On behalf of the Roanoke Valley Preservation Foundation, D. Kent Chrisman, President-Elect, presented a preservation merit award to the City of Roanoke for its regional cooperation efforts in establishing the greenway system in the Roanoke Valley. He also presented copy of a video which addresses the important linkage bet~.een historic preservation and economic development in conJunction with several Roanoke Valley projects that was produced last year by the Preservation Alliance of Virginia. He advised that the video will be broadcast over the Roanoke Valley Cable Channel (RVTV - Channel 3) in the near future. 444 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 Clerk having advertised a public hearing to be held on Monday, May 5, t997, at 2:00 p.m., or as soon thereafter 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 healing to receive the views 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 Th~ ~ on Thursday, April 24, t997, and in the Roanoke Tribune on Thursday, May 1, t997. (See publisher's affidavits on file in the City Clerk's Office.) The Mayor further advised that on Monday, April .7., 1997, Council ! selected the following persons to be accorded the publ,c interview for School Trustee on Thursday, April 24, 1997, at 6:00 p.m., in the City Council Chamber, for three year terms of office commencing July 1, 1997, and ending June 30, 2000: Sherrie M. Boone F. B. Webster Day Marsha W. Ellison Joann Hamidullah Sherman P. Lea Michael C. Ramsey The Mayor explained that a public hearing was held on Monday, April 21, 1997; however, due to an error by The Roanoke Time~ in publishing the Notice of Public Hearing within the required legal timeframe, a second public hearing was timely advertised; whereupon, the matter was again before the body. The Mayor advised that each speaker would be allotted three minutes for his or her presentation. 445 William W. Field, Jr., 3727 Parliament Road, Apt. 9, endorsed the candidacy of Michael L. Rameey. He advised that Mr. Ramsay is unique from the other candidates who have applied for the position because he served under the leadership of two School Superintendents as Public Information Officer of Roanoke City Public Schools which afforded him the opportunity to observe the direct relatonship between the Superintendent of Schools, the School Board, City Council, students, teachers and parents, and his position required that he have first-hand knowledge of school issues. He stated that Mr. Rameey has an interest in the basics of education, and he believes that students should not only be able to use technology including computers, but they should also be able to use the basic skills without computers. He added that Mr. Ramsay believes that discipline starts at home, he believes in a strong relationship between the schools and the parents, and he also believes that those relationships can be improved. Mr. Steve R. Stinson, 2033 Lee Hi Road, S. W., endorsed the candidacy of F. B. Webster Day and Marsha W. Ellison. He advised that Ms. Ellison has visited Roanoke City Schools on numerous occasions this year, and she attends various school functions, both announced and unannounced. He stated that she is a person who has taken the time to educate herself about the job that she volunteered to do, and her focus as a member of the School Board has been on community and parental involvement. He pointed out that Ma. Ellison led negotiations on the Superintendent's new contract and she pressed for teacher salary increases. Mr. Stnson called attention to Mr. Day's volunteer efforts, on both school and non-school related matters. He stated that Mr. Day is always present when needed, he can be relied upon for sound advice, he solves problems, and he is in-depth at building coalition and consensus. He added that Mr. Day's role on the School Board would be that of a thoughtful, steady, informed member who will evolve into a quiet and trusted leader. Mr. John R. Francis, Jr., 3684 Peakwood Drive, S. W., endorsed the candidacy of Michael L. Ramsey. He advised that Mr. Ramsey has served in various public service and public leadership roles throughout the Roanoke Valley. He stated that Mr. Ramsey is a conscientious, fair minded, hard working individual who takes the time to gather all of the r 446 facts before making a decision, all of which are important attributes of a School Trustee. He added that Mr. Ramsey strives to do the right thing end is a person of high moral character, and he would be an outstanding addition to the School Board. Ms. Jacqueline Blair-Wilner, 2709 Crystal Spring Avenue, S. W., endorsed the candidacy of Sherrie M. Boone. She advised that Ms. Boone has proven her commitment to the children of the Roanoke City School system through her dedication to the soccer program which is a volunteer program where she serves as lead coordinator. She stated that Ms. Boone's commitment to the soccer program in a volunteer capacity demonstrates her interest to insure a quality sports program for the children of Roanoke City. Mr. Ernest C. Wilson, Jr., 1520 Dona Drive, N. W., endorsed the candidacy of Sherman P. Lea. He advised that Mr. Lea is interested in the children of Roanoke City and volunteers his time to the Booster's Club and to various other sports related activities. He stated that Mr. Lea is a regional administrator for the Department of Corrections where he maintains an open door policy and a genuine concern for his employees and for their well being. He advised that Mr. Lea will be an asset to the School Board if appointed. Ms. Virginia Hardin, 2324 Fairway Drive, S. W., endorsed the candidacy of Joann Hamidullah. She advised that Ms. Hamidullah has developed a sense of the future and high expectations in the children of Roanoke City, which are qualities that she would also bring to the School Board. She stated that Ms. Hamidullah understands the importance of a strong family life and structure while setting high expectations, and she stresses the need for fair consequences in order to learn that life brings both hardships and lessons to be learned. She further stated that Ms. Hamidullah embodies a good common sense approach to life and she knows that most children in the school system fall somewhere between two extremes, those who have a good family structure and family values and those who need help. She noted that Ms. Hamidullah listens to people, learns through experience, invites feedback and other points of view; and she is a skilled, dependable, intelligent, energetic person who would serve admirably as a child advocate. 447 Ms. Tracey S. Overstreet, 43 Huntington Boulevard, N. E., endorsed the candidacy of Michael L. Ramssy. She advised that Mr. Ramssy is detail oriented, time persistent, devoted to the community, an ambassador to the Regional Chamber of Commerce, and concerned about economic development in the area. She urged Council's favorable consideration of Mr. Ramsey as a Trustee to the Roanoke City School Board. Ms. Harriett Lewis, 1015 Palmetto Street, N. W., endorsed the candidacy of Joann Hamidullah. She advised that Ms. Hamidullah has been actively involved on Parent-Teacher Association Boards of Directors at five city schools for 15 years, and she has served on the Roanoke City School Central Council PTA where she has held various positions such as Third Vice-President, First Vice-President and President for 11 years, and she currently ssrvss on the District PTA as Fourth Vice-President and Chairperson of the By-Laws Committee. She stated that within Roanoke City Schools, Ms. Hamidullah has volunteered her service on the City-Wide Site Based Information Committee, the Budget Advisory Committee and the Long Range Planning Committee. She advised that the accomplishments of Ms. Hamidullah's children reinforce the family's dedication to the importance of family support and commitment to the educational process, and she would actively promote the role of parent and guardian as essential partners in the educational process. She stated that Ms. Hamidullah is honest, hard working and does not shrink from the responsibilities that come with leadership positions. She added that Ms. Hamidullah is an advocate for children, and she would be a vital and important member of the Roanoke City School Board. The Mayor advised that Council will elect three Trustees to the Roanoke City School Board at its special meeting on Monday, May 12, 1997, at 6:00 p.m. 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. I' 448 ACTION: ACTION: STREETS AND ALLEYS: A report of the City Manager recommending authorization to file all necessary applications on behalf of the City to permanently alter, by closure, Ferdinand Avenue, S. W., between Elm Avenue and Mountain Avenue, and to altar other street locations in said area, was before Council. E' _The City_Ma.n. ager e.xplainsd that the intarsection of Main Street, ~m Avenue, ~-ero,nand Avenue and 8th. Street, S. W., is the City's h,gheet priority intersection for traffic s,analization. = *,~;,- design is being engineered by Mattarn &'Craig, Inc.'; Ferdinand Avenue on the south side of Elm Avenue would improve traffic flow and safety at this intarsection. The City Manager recommended that he be authorized to file all necessary applications on behalf of the City to altar, by permanent closure, Ferdinand Avenue, S. W., between Elm Avenue and Mountain Avenue, and to alter street locations in the area of the closure. (For full taxt, see report on file in the City Clerk's Office.) Mr. Whita moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Trout and adoptad by the following vote: AYES: Council Members Trout, Whita, Wyatt, Harris, Parrott, Swain and Mayor Bowers. --7. NAYS: None COMMITTEES-ME.N. TAL HEALTH . SERVICES-BLUE RIDGE COMMUNITY SERVICES. A communication from Michael A. Grant tendering his resignation as a member of the Blue Ridge Community Services Board of Directors, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed, and that the resignation be accep, ted. The motion was seconded by Mr. Trout and adopted by the follow, ng vota: 449 ACTION: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers . 7. NAYS: None . 0. BUDGET-COUNCIL: A communication from Mayor David A. Bowers with regard to consideration of a salary increase for the Mayor and Members of City Council, was before the body. The Mayor advised that Council has been requested by the City Manager to authorize pay increases for City employees, and he intends to support the City Manager's recommendation; however, it is appropriate for Council to consider an increase in the salary for the Mayor and Members of Council as well. He stated that the public is not always aware of the hard work and many hours that Members of Council devote to this activity; and in addition to public meetings, Members of Council spend several hours each week in briefings, meetings with civic groups, and other interested citizens. He stated that inasmuch as the Members of Council do an admirable job, the City of Roanoke is well served and a fair compensation is appropriate. (For full text, see communication on file in the City Clerk's Office.) Mr. Wltite moved that the matter be referred to fiscal year 1997-98 budget study. 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 O. HOUSING/AUTHORITY-LIBRARIES-OATHS OF OFFICE- COMMITTEES: The following reports of qualification were before Council: G. David Nixon as a member of the Fair Housing Board for a term ending March 31, 2000; and II Ir' 45O ACTION: Basil Owens, Jr., aa a member of the Roanoke Public Library Board to fill the unexpired term of Mary C. Maier, resigned, 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 O. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: REGIONAL CHAMBER OF CO.M. MERCE-GRANTS-BUSINESS INCUBATORS: The City Manager submitted a written report advising that the Roanoke Regional Chamber of Commerce requested funding assistance for the Small Business Incubator in response to the Community Development Block Grant (CDBG) request for proposals issued by the City in January 1995; an "incubator" is a building which rents space and offers shared services to reduce the financial burdens on and to increase the potential for success of start-up businesses; and Council authorized $60,000.00 in CDBG funding for the Incubator as part of the Consolidated Plan approved for submission to the U. S. Department of Housing and Urban Development (HUD) on May 8, 1995, pursuant to Resolution No. 32476-050895. 451 It was further advised that Council authorized execution of a I subgrant agreement between the City and the Chamber of Commerce, pursuant to Resolution No. 325554471095, adopted on July 10, 1995, to implement CDBG-funded Incubator activities; the Blue Ridge Small Business Development Center was organized as the private, non-profit corporation which would operate the Incubator; and Council authorized an additional $30,000.00 in CDBG funding for the Incubator as part of the Annual Update to the Consolidated Plan approved for submission to HUD on May 13, 1996, pursuant to Resolution No. 329394451396. It was explained that the Blue Ridge Small Business Development Center is staffed and operates the Small Business Incubator, including maintenance of all pertinent programmatic and financial records, as a corporation completely independent from the Roanoke Regional Chamber of Commerce; retaining the Chamber of Commerce as the subgrentee creates a bottleneck in that all payments to the Incubator must be channeled through the Chamber; as subgrantee, the Chamber is accountable for performance of the Incubator, the day-to-day control of which is exercised by the Center; and an amendment to the existing agreement is needed to change the subgrantee, to extend the period of the agreement, and to add the additional $30,000.00 funding. The City Manager recommended that he be authorized to execute Amendment No. t to the Community Development Block Grant Subgrant Agreement with the Roanoke Regional Chamber of Commerce, said amendment to be approved as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#33364-050597) A RESOLUTION authorizing execution of Amendment No. I to a Subgrant Agreement between the City and the Roanoke Regional Chamber of Commerce for a Small Business Incubator, dated November t, 1995, for funding of the Small Business Incubator program. (For full text of Resolution, see Resolution Book No. 59, page 462.) Ir 452 ACTION: Mr. Pan*off moved the adoption of Resolution No. 33364-050597. 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 Council Member Swain inquired as to the level of assistance to minority and female participants through the Small Business Incubator Program; whereupon, the City Manager advised that a response will be provided to the Members of Council. BUDGET-BRIDGES-CAPITAL IMPROVEMENTS PROGRAM- HUNTER VIADUCT: The Ci.ty Manager submitted advising that the Hunter Vmduct Bridge Project i~ written report scheduled for advertisement in the fall of 1997 pending completion of the design, with an anticipated construction time of 18 months; the Project consists of removal of the remaining Jefferson Street Leg, total rehabilitation of the Williamson Road leg, and a new right turn lane onto S. alem Avenue; partial funding, in the amount of $310,000.00, exists ,n the General Fund, Transfers to Capital Projects Fund, Account No. 001-004-9310- 9508; estimated cost for bridge construction totals $4 required additional funding available in the 1996 need to be transferred from the General Fund to the Capital Projects Fund. The City Manager recommended that Council appropriate $310,000.00 to Capital Pro. jecte Fund Account No. 008-052-9636-9003, Hunter Viaduct Bridge ProJect, which funds are available in the General Fund Account No. 001-004-9310-9508, Transfers to the Capital Projects Fund. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (ff33365-050597) 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 463.) 453 ACTION: Mr. Harris moved the adoption of Ordinance No. 33365-050597. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None 0. REFUSE COLLECTION-FLEET MAINTENANCE FUND- EQUIPMENT: The City Manager submitted a written report advising that on February 18, 1997, Council approved the concept of used refuse trucks and authorized the City Manager to locate and secure used trucks and related equipment in accordance with the procurement section of the Code of the City of Roanoke (1979), as amended; whereupon, the City Manager recommended that Council authorize the purchase of used automated refuse trucks, as follows: four units from Carolina Environmental Systems, inc., at a total cost of $133,600.00; and one unit from Mid-State Equipment Co., Inc., at a total cost of $47,750.00. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33366-050597) A RESOLUTION accepting certain bids for the purchase of used automated refuse collection trucks for use by the new automated Residential Solid Waste Collection Program, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 59, page 464.) Mr. Trout moved the adoption of Resolution No. 33366-050597. 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. 454 YOUTH-YOUTH CORRECTIONAL FACILITIES-EQUIPMENT: The City Manager submitted a written report advising that the City of Roanoke receives funding from the Virginia Department of Juvenile Justice under the Virginia Juvenile Community Crime Control (VJCCCA) of 1995 to administer and operate the Outreach Detention's House Arrest Electronic Monitoring Program; on October 23, 1995, Council approved a local plan that described the proposed programs and services to be developed which were submitted to the then Virginia Department of Youth and Family Services, now referred to as the Department of Juvenile Justice; the Outreach Program has developed a House Arrest Electronic Monitoring Program to be made available for the 23rd and 23-A Judicial District Court Service Unite, and the 25th Judicial District Juvenile and Domestic Relations Court Service Unit comprising the County of Botetourt; and VJCCCA funding is being provided for a full-time Electronic Monitoring Supervisory position and associated program coste. It was explained that Tracking Systems Corporation ("TSC") can provide the equipment and monitoring necessary for the electronic monitoring program; a contract for provision of services and equipment has been negotiated, with the cost of equipment and service not to exceed $15,000.00; and the contract with TSC requires the City to indemnify TSC from any and all claims resulting from the negligence or willful misconduct of the City or ite employees and agente, in the operation and use of the equipment, as well as any liability resulting from acte of clients using the equipment. The City Manager recommended that he be authorized to enter into an agreement with Tracking Systems Corporation for electronic monitoring equipment and services. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (ft33367-050597) A RESOLUTION authorizing the City Manager to enter into an agreement with Tracking Systems Corporation to provide electronic monitoring equipment and support services to the City's Juvenile Detention Home. (For full text of Resolution, see Resolution Book No. 59, page 465.) 455 ACTION: Mr. Harris moved the adoption of Resolution No. 33367-050597. I The motion was seconded by Mr. Parrott end adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None 0. BUDGET-HUMAN DEVELOPMENT: The City Manager submitted a written report advising that the Department of Social Services, through the Foster Care Program, provides out-of-home placements for certain children who are in need of protection and can no longer live at home; and for those children who were living with families who were eligible for Temporary Assistance to Needy Families (TANF), formerly Aid to Families with Dependent Children (AFDC), the Federal and State Governments will reimburse localities for coats of out-of-home placements et 100 per cent of cost of room and board. It was further advised that due to changes in eligibility criteria at the State level, Social Services underestimated the number of children and the level of expenses necessary for eligible children for the program during fiscal year 1996-97; and in addition, the Federal Welfare Reform Bill broadened the services that may be included, increasing the potential for reimbursement at 100 per cent, thereby reducing the fiscal impact on the CSA foster care program known as Community Services Act; therefore, some children have been transferred to the Temporary Assistance to Needy Families- Foster Care cost center from the Community Services Act cost center, thereby reducing local costs, but increasing the need for an additional appropriation in Account No. 001-054-5314-31 t5, Cost Center. The City Manager recommended that Council appropriate $240,000.00 to General Fund Expenditure Account No. 001-054-53t4- 3115, ADC - Foster Care, and increase the General Fund revenue estimate by $240,000.00 in Account No. 001-020-1234-0675, Foster Care. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: Ir 456 ACTION: (#33368-050597) 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. $9, page 466.) Mr. White moved the adoption of Ordinance No. 33368-050597. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None BUDGET-HUMAN DEVELOPMENT-GRANTS-YOUTH: The City Manager submitted a written report advising that in order to provide permanency in planning for certain foster care children who have multiple handicaps, making it difficult to place these children for adoption, the Federal and State Govemmente have appropriated funds to help make it possible for families to legally adopt children they have an interest in and to receive help with costly treatment services; the Roanoke City Department of Social Services finalizes adoption on an average of 15 children per year who need subsidies to complete permanent planning; and during fiscal year 1995-96, the Department of Social Services completed 18 adoption placements that need continued subsidies, with six years as an average age of the child. It was further advised that during fiscal year 1996-97, the Department of Social Services placed additional children with subsidies; three families from placement in previous years have become eligible for residential placement for the child to correct behavioral problems and prevent disruption; and cost of care for fiscal year 1996-97 exceeds the estimated budgeted amount in cost centers 001-054-5314-3130 a nd 001-054-5314-3155. The City Manager recommended that Council appropriate $10,000.00 to Account No. 001-054-5314-3130, Special Needs Adoption, and $100,000.00 to Account No. 001-054-5314-3155, Subsidized Adoption, and increase the General Fund revenue estimate in Account No. 001-020-1234-0675, Foster Cars, by $110,000.00. (For full text, see report on file in the City Clerk's Office.) 457 Mr. Parrott offered the following emergency budget ordinance: I (#33369-050597) AN ORDINANCE to amend and reordain..c, ertain sections of the 1996-97 General Fund Appropriations, and providing for an emergency. . (For full text of Ordinance, see Ordinance Book No. 59, page 467.) ACTION: Mr. Parrott moved the adoption ,of Ordinance No. 33369-0505.97. The motion was seconded by Mr. Swa,n and adopted by the follow, ng vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None ........ BUDGET-CITY NURSING HOME-DECEASED PERSONS: The City Manager submitted a written report advising that the Code of the City of Roanoke (1979), as amended, requires that when the value of a gift, grant, devise or bequest totals more than $5,000.00, acceptance or rejection shall be by ordinance or resolution adopted by Council; the Nursing Home has received a bequest in the amount of $9,760.00, partial distribution on the Residuary Estate of the late Beulah Kirby Bernard; an additional bequest may be received when additional real estate has been sold and a final distribution of the estate is made; and no restrictions or contingencies are placed on the bequest by the Estate. The City Manager recommended that Council authorize acceptance of the bequest from distribution of the Residuary Estate of the late Beulah Kirby Bernard; and authorize the Director of Finance to increase the revenue estimate in Account No. 009-020-1234-t166 by $9,760.00, and increase appropriations in Account No. 009-054-5340- 2010 by $3,000.00 and in Account No. 009-054-5340-2066 by $6,760.00. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: 458 ACTION: (ff33370-050597) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Nursing Home Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 468.) Mr. Harris moved the adoption of Ordinance No. 33370-050597. The motion was seconded by Mr. White and adopted by the following vote: ACTION: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None Mr. Harris offered the following resolution: (#33371-050597) A RESOLUTION accepting and expressing appreciation for the monetary donation from the Esttete of the late Beulah Kirby Bernard. (For full text of Resolution, see Resolution Book No. 69, page 469.) Mr. Harris moved the adoption of Resolution No. 33371-050597. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ......... -7. NAYS: None O. 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; and the Consortium serves eligible residents in the Counties of Allegheny, Botetourt, Craig and Roanoke, and the Cities of Clifton Forge, Covington, Roanoke and Salem, which agencies serve two primary client populations, viz: economically disadvantaged and dislocated workers. 459 It was further advised that the Governor's Employment and Training Depefb.ent (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 amount: Title II-B (Summer Youth Employment Program) $392,868.00 (Notice of Award No. 97-03-04), will be used to provide remedial education, academic enrichment, work experience with payment of wages, training, counseling, and other benefits for youth. The City Manager recommended that Council appropriate Fifth District Employment and Training Consortium funding totalling $392,868.00 and increase the revenue estimate by $392,868.00 in accounts to be established in the Consortium Fund by the Director of Finance. ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#33372-050597) 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 470.) Mr. Harris moved the adoption of Ordinance No. 33372-050597. 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., AIRPORT-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that the Roanoke Regional Airport serves a 1g-county region with a population of more than 700,000 persons; daily round trip jet flights between Roanoke and Chicago have not been available at the Roanoke Regional Airport since September 460 1992; demand for Roanoke/Chicago jet service is strong in western Virginia and would enhance western Virginia's accessibility and fui~;,er contribute to the economic d. evelopment of the region; Trans States Airlines has a.pplied to the Umted Sta~s Department of Tr. ansportation for an exception from the high density rule to serve Ch,cago O'Hare Interna~onal Airport non-stop from Roanoke Regional Airport u.n. der the Un,ted Express trade name; and..Ashe.ville, North. Carol,ha, Cha.tta. nooga, Tenne.s. sse, and the TH-C,tiss A,rport ssrv,ng Bristol, Virg,ma, Joh.nson City and. Kingsport, Tennessee, would also gain se.w. ice to Ch,cago O'Hare ,f the exception is granted to Trans States Airl,nes. ACTION: The City Manager recommended that Council adopt a resolution expressing full support of the abovereferenced application of Trans States Airlines for an exemption to serve Chicago O'Hare International Airport non-stop from the Roanoke Regional Airport. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#33362-050597) A RESOLUTION supporting the application of Trans States Airlines, Inc. for an Exemption from the High Density Rule (Docket No. OST-97-2368). (For full text of Resolution, see Resolution Book No. 59, page 460.) T~ Mr. Swain moved the adoption of Resolution No. 33362-050597. ne 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. DIRECTOR OF FINANCE: .BUDGET-BONDS/BOND ISSUES: The Director of Finance submitted a written r.e.p, ort advising that per Craigie, Inc., the City's financial advisor, the C,ty has two outstanding bond issues that could be refunded, at a savings to the City, through issuance of a 1997 refunding issue, as follows: 461 Amount Proposed Issue ~ Rsfundinu Amount 1988 Public Improvement Bonds $ 6,300,000.00 $ 4,800,000.00 1992A and 1992B Public Improvement Bonds 57.065.000.00 37.700.000.00 S63.36S.000.00 It was further advised that the proposed refunding issue entails the issuance of approximately $45,245.00 in principal for the defeasance of both issues; the 1992 issue is callable in August 2001, therefore, it would continue to be paid under the existing amortization schedule until that point; the 1988 issue would be paid under the existing amortization through August 1, 1997; under recent market conditions, Craigie, Inc., has projected the City's present value savings to be approximately $1.4 million, or 3.2 per cent of the principal being refunded; a chart attached to the report shows the estimated cash savings, undiscounted, for each year affected by the refunding, for both the Public Improvement bonds and the Water Fund bonds, which savings are based on market conditions in effect prior to the recent announcement by the Federal Reserve Board of an increase in the Treasury rate, therefore, attaining such savings will be dependent upon a reduction in the current market bond interest rates; and the minimum present value savings that generally is agreed to make a refunding issue beneficial is greater than 3.0 per cent of the principal being refunded. The Director of Finance advised that based on present information, it is advisable for the City to pursue issuance of the 1997 refunding bonds with the intent that the City do so at a time when market conditions are such that the savings achieved would justify the issuance of the refunding bonds. He transmitted a resolution which would grant approval for the City Manager and the Director of Finance to execute the issuance of bond refunding on behalf of the City of Roanoke, providing it is in the financial best interest of the City, and the issuance will not be considered unless the City can realize present savings of more than three per cent of the principal being refunded. (For full text, see report on file in the City Clerk's Office.) 462 ACTION: Mr. Parrott offered the following resolution: (~33373-050597) A RESOLUTION authorizing issuance and sale of not to exceed fifty million dollars ($50,000,000) principal amount of City of Roanoke, Virginia, general obligation public improvement refunding bonds; fixing the form, denomination and certain other details of such bonds and delegating to the City Manager and the Director of Finance authority, among other things, to sell such bonds, to determine the aggregate principal amount of such bonds, the maturity dates of such bonds and the principal amounts of such bonds maturing in each year, the interest payment dates for such bonds and the rates of interest to be borne by such bonds, the redemption provisions and redemption premiums, if any, applicable to such bonds and to appoint an escrow agent for the bonds to be refunded from the proceeds of such bonds; authorizing preparation of a preliminary official statement and an official statement and the distribution thereof and the execution of a certificate relating to such official statement; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing execution and delivery of an escrow deposit agreement relating to the refunded bonds; authorizing the City Manager and the Director of Finance to designate the refunded bonds for redemption; and otherwise providing with respect to the issuance, sale and delivery of such bonds and the refunding of the refunded bonds. (For full text of Resolution, see Resolution Book No. 59, page 471.) Mr. Parrott moved the adoption of Resolution No. 33373-050597. 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 m 7. NAYS: None 0. DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of March 1997. (For full text, see Financial Report on file in the City Clerk's Office.) '1 463 ACTION: Without objection by Council, the Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: CITY PROPERTY-SPECIAL PERMITS-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 a request for a conditional permit by property owners at 402 Willow Oak Drive, S. W., to construct a brick wall encroaching approximately eight feet into the right-of-way of River Birch Lane, S. W. A staff report advised that permission to construct fences, walls, decks, or various other structures that encroach into the public right- of-way is a request that property owners make to the City from time to time; and in August 1986, the City adopted a policy prohibiting new encroachmenta into the public right-of-way. It was further advised that property owners, Wilson and Barbara Watts, have requested a conditional permit to allow construction of a brick wall, four feet high, across their side yard; the brick wall would encroach up to approximately eight feet into the public right-of-way of River Birch Lane, S. W., which encroachment would extend to the curb line; no sidewalks exist in the area; and zoning restrictions in the area, RS-l, would require the wall to be set back 16 feet from the property line. ACTION: The Water Resources Committee recommended that Council deny the request of the property owners at 402 Willow Oak Drive, S. W., Official Tax No. 1100205, for a conditional permit to construct a brick wall encroaching approximately eight feet into the right-of-way of River Birch Lane, S. W. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt moved that Council concur in the recommendation of the Water Resources Committee to deny the request. The motion was seconded by Mr. Trout and unanimously adopted. 464 ACTION: BUDGET-TRAFFIC-SIDEWALK/CURB AND GUTTER-STREETS AND ALLEYS: 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 asphalt concrete overlays and pavement profiling of various streets within the City of Roanoke. On behalf of the Committee, he recommended that Council approve the following actions: Award a contract to Adams Construction Co., in the amount of $1,394,532.80, and establish a contingency, in the amount of $19,347.20, for a total cost of $1,413,880.00, said contract to be in a form acceptable to the Director of Finance. Appropriate $325,000.00 in Capital Maintenance and Equipment Replacement Program funds to Street Paving, Account No. 001-052.4120-2010. Transfer $216,094.00 in the fiscal year 1996-97 General Fund budget from Transfers to Capital Projects Fund Account No. 001-004-9310-9508, to Street Paving, Account No. 001-052-4120-2010. Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the committee. He advised that the 31,260 tons of asphalt will pave approximately 57 lane miles, and the average number of lane miles paved during this ten-year period is 67.5, 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. Parrott offered the following emergency budget ordinance: (~33374-050597) AN ORDINANCE to amend and reordain certain sections of the t996-97 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 484.) Mr. Parrott moved the adoption of Ordinance No. 33374-050597. The motion was seconded by Mr. Swain. 465 ACTION: Mr. Edward A. Hokanson, Member, Blue Ridge Bicycle Club, 4351 Garat Mill Road, S. W., reminded Council of a 1993 adopted motion by City Council which states, "Whenever existing streets within the City are repaved, widened or otherwise improved, the appropriate City departments should consider the needs of bicyclists." He pointed out- that he was unaware of any existing improvements made for the benefit of bicycliete as a part of repaying since 1993. Inetead of two 12' lanes, he explained that Peters Creek Extension is supposed to have an 11' inside lane and a 13' outside lane, thus providing additional space for a motorist to safely pass a bicyclist, and the cost of lane realignment would be zero. He stated that the unreported "close calls" between motorists and bicyclists are unknown by the general public, that last week a Roanoke bicyclist had a near collision with a semi-trailer vehicle, and a female bicyclist was recently killed in Lynchburg by a truck driver. He stated that such incidents are preventable, and to delay appropriate action would be tragic; therefore, he urged that Council, when awarding the paving contract to Adams Construction Company, implement its adopted 1993 motion. The City Manager advised that he would request the Director of Public Works to meet with Mr. Hokanson to discuss his concerns. Ordinance No. 33374-050597 was adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers .... 7. NAYS: None Mr. Parrott offered the following emergency ordinance: (#33375-050597) AN ORDINANCE accepting the bid of Adams Construction Co., for paving and profiling of various streets, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 485.) Mr. Parrott moved the adoption of Ordinance No. 33375-050597. The motion was seconded by Mr. Swain and adopted by the following vote: 466 AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None . 0. 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 Roanoke City, Roanoke County and the Town of Vinton jointly operate Roanoke Valley Television (RV'rV); initial equipment and facilities for the television studio were funded through a capital grant from Cox Communications, in the amount of $480,000.00; and the studio which is located at the Jefferson Center currently employs three full-time staff members, in addition to a variety of part-time personnel, who produce videos and shows for the local governments and school systems which are cablecast along with government meetings on Cox Communications Channel 3. It was further advised that on June 8, 1992, Council approved the Roanoke Regional Cable Television Committee Agreement; in addition to determining the primary purposes of the Committee, the Agreement states that the operating budget for RVTV must be approved by the governing bodies of Roanoke City, Roanoke County and the Town of Vinton; funds for the operating budget are provided by the three governments, based on the proportion of Cox Communications customers located in each jurisdiction; Council has formally agreed to provide up to 20 per cent of the franchise fee paid by Cox to fund the operations of the facility; on April 2, 1997, the Roanoke Valley Cable Television Committee approved the RVTV operational budget for fiscal year 1997-98; and the recommended budget of $190,995.00 represents a 24 per cent increase over the current year budget of $154,193.00. It was explained that RVTV staff is carried on the payroll and benefits system of Roanoke County, therefore, staff will receive the same increase as County employees; the proposed budget includes funding for a four per cent raise for staff, but actual raises will be at the County rata; and the proposed RVTV budget totals $190,995.00, which is broken down by locality, as follows: 467 ACTION: Roanoke City Roanoke County Town of Vinton Number of Cable 58.8% 33,8% 7.4% Cost $112,305.00 64,556.00 14,134.00 On behalf of the City's representatives to the Roanoke Valley Regional Cable Television Committee, Mr. Parrott recommended that Council approve the City's portion of the RVTV fiscal year 1997-98 budget, in the amount of $190,995.00, with the City's share being $112,305.00. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#33376-050597) A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 1997-98 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. 59, page 486.) Mr. Parrott moved the adoption of Resolution No. 33376-050597. 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, O. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 33353 permanently vacating, discontinuing and closing a portion of 22nd Street, S. W., extending from Patterson Avenue in a northerly direction to the point that 22nd Street was closed, pursuant to Ordinance No. 11803 adopted ACTION: by the Council of the City of Roanoke on May 15, 1953; and a certain alley extending in an east/west direction between 22nd and 23rd Streets, S. W., located in the middle of Block 54, Map of West End and Riverview, having previously been before the Council for its first reading on Monday, April 21, 1997, read and adoptsd on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (g33353-050597) 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 451.) Mr. Trout moved the adoption of Ordinance No. 33353-050597. The motion was seconded by Mr. Harris and adopted by the following vote: ACTION: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers. 7. NAYS: None -----0. ! ZONING: Ordinance No. 33354 rezonJng a tract of land located on the north side of Patterson Avenue, between 22nd and 23rd Streets, S. W., described as Official Tax Nos. 1312411 - 1312416, inclusive, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, having previously been before the Council for its first reading on Monday, April 21, 1997, 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: (~33354-050597) 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. 59, page 453.) Mr. Trout moved the adoption of Ordinance No. 33354-050597. The motion was seconded by Mr. White and adopted by the following vote: 469 ACTION: AYES: Council Members Trout, White, Wyatt, Harris Swain and Mayor Bowers 6. NAYS: Hone 0. (Council Member Parrott abstained from voting.) ZONING-STREETS AND ALLEYS: Ordinance No. 33355 amending the proffered conditions for rezoning of a certain 13.81-acre tract of land located on the north end of Griffin Road, adjacent to the east side of Franklin Road, S. W., and U.S. Route 220, Official Tax No. 5480712, previously approved by the Council of the City of Roanoke, pursuant to Ordinance No. 32867-040196 adopted on April t, 1996, having previously been before the Council for its first reading on Monday, April 21, 1997, 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: (#33355-050597) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 548, 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. (For full text of Ordinance, see Ordinance Book No. 69, page 454.) Mr. Trout moved the adoption of Ordinance No. 33355-050597. 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 ~m. 0. STREETS AND ALLEYS: Ordinance No. 33358 permanently vacating, discontinuing and closing a certain portion of First Street, N. W., situated between its intersection with Wells Avenue, and its intersection with Gilmer Avenue, and a certain section of the Second Street/Gainsboro Road right-of-way adjacent to First Baptist Church on 470 ACTION: ACTION: North Jefferson Street, having previously been before the Council for its first reading on Monday, April 21, 1997, 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: (#33358-050597) . AN OR. DINAN.CE. permanently vacating, discontinuing and clos,ng certa,n pubhc nght-ofoway in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 59, page 455.) Mr. Trout moved the adoption of Ordinance No. 33358-050597. 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. ZONING-SCHOOLS-STREETS AND ALLEYS: Ordinance No. 33360 rezoning a one acre+ and a 40.74+ acre tract of la.ri.d, containing 72+ acres bounded by Interstate 581, Wal-Mart, Round H,II Elementary School, Roanoke Area Association for Retarded Children, Inc., and properties adjacent to Huff Lane, N. W., Official Tax Nos. 2250103 and 2250101, from LM, Light Manufacturing District, and RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners, having previously been before the Council for its first reading on Monday, April 21, 1997, 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: (#33360-050597) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 225, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicants. (For full text of Ordinance, see Ordinance Book No. 59, page 457.) Mr. Trout moved the adoption of Ordinance No. 33360-050597. The motion was seconded by Mr. Parrott and adopted by the following vote: 471 ACTION: AYES: Council Members Trout, White, Harris, Parrott, Swain and Mayor Bowers 6. NAYS: Vice-Mayor Wyatt ZONING-STREETS AND ALLEYS: Ordinance No. 33361 rezoning a 8.769+ acre tract of land located on the west side of Oakland Boulevard, N. W., Official Tax No. 2250105, from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner in the Second Amended Petition filed in the City Clerk's Office on April 3, 1997, having previously been before the Council for its first reading on Monday, April 21, 1997, 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: (~33361-050597) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 225, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 59, page 459.) Mr. Trout moved the adoption of Ordinance No. 33361-050597. 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. COUNCIL-YOUTH: 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, May 19, 1997, to 12:00 noon in the Roanoke Civic Center Exhibit Hall, 710 Williamson Road, N. E., with the 2:00 p.m. session to be held in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W.: r- 472 ACTION: (~33377-050597) A RESOLUTION changing the time and place of commencement of the regular meeting of City Council scheduled to be ~1 held at 12:30 p.m., on Monday, May 19, 1997. ! (For full text of Resolution, see Resolution Book No. 59, page 487.) Mr. Harris moved the adoption of Resolution No. 33377-050597. 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. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: COUNCIL-NORFOLK SOUTHERN CORPORATION: Council Member Swain commended. City staff on improvements to the i underpass at Shaffer's Cross,ng. I ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Council Member Swain advised that he attended the 1997 commencement exercise at Radford University, at which time the Mayor served as a guest speaker. He commended the Mayor on his remarks which confirmed that he is committed to improving the quality of life in the City of Roanoke for all citizens. He stated that the Mayor called attention to the current plight faced by all Virginia cities, and his remarks also confirmed that he is a strong advocate of governments coming together and working in a spirit of cooperation for the betterment of all. COUNCIL-TELEPHONE EQUIPMENT-STREETS AND ALLEYS: Mr. White addressed the matter of installation of free standing pay telephone booths on public right-of-way, or in front of rental properties, particularly in the northwest Roanoke area. He inquired if the installations have been authorized by the City. ACTION: The Mayor called attention to installation of boxes for newspapers and/or realtor publications/brochures on public right-of- way, and also inquired if these installations have been authorized by the City. The City Manager advised that he would investigate the matter and report to Council accordingly. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. ELECTIONS-FIRE DEPARTMENT-REGISTRAR-CHURCHES: A resolution adopted by the Roanoke City Electoral Board on April 28, 1997, requesting approval of a temporary change in the Lee-Hi Voting Precinct from No. 4 Firs Station to Covenant Presbyterian Church, 1831 Deyerle Road, S. W., due to construction work on Aerial Way Drive and the lack of parking facilities for voters, was before Council. Mr. Trout offered the following emergency ordinance temporarily changing the polling place for Lee-Hi Precinct from Fire Station No. 4 on Aerial Way Drive, S. W., to Covenant Presbyterian Church, 1831 Deyerle Road, S. W.: (#33363-050597) AN ORDINANCE temporarily changing the polling place for Lee-Hi Precinct from Fire Station No. 4 on Aerial Way Drive, S. W., to Covenant Presbyterian Church, 1831 Deyerle Road, S. W.; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 461.) Mr. Trout moved the adoption of Ordinance No. 333634)50597. The motion was seconded by Mr. White and adopted by the following vote: 473 AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers --7. NAYS: None.. 0. Mr. Harris called attention to complaints regarding parking conditions in an unpaved parking lot located across the street from the present Lee-Hi Precinct, and inquired if consideration has been given to relocating the Lee-Hi Precinct from No. 4 Firs Station to the Covenant Presbyterian Church on a permanent basis. 474 The Reverend Charles T. Green, Chairperson, Roanoke City Electoral Board, advised that the Lee-Hi Precinct is the largest precinct in the City of Roanoke with over 2,500 registered voters, and the Electoral Board will confer with church officials to determine if Covenant Presbyterian Church can be established as a permanent voting place for the Lee-Hi Precinct. The Mayor suggested that appropriate signage be installed at the No. 4 Firs Station to notify voters that the polling place has been temporarily changed. There being no further business, the Mayor declared the meeting adjourned at 3:50 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 475 PERSONNEL COMMITTEE ROANOKE CITY COUNCIL I May 5, 1997 4:00 p.m. A meeting of the Roanoke City Council Personnel Committee, composed of the Members of the Roanoke City Council, was called to order on Monday, May 5, 1997, at 4:00 p.m., in the City Council's Conference Room, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Chairman and Mayor David A. Bowers presiding. PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Unda F. Wyatt 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 City Council 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 Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. At 4:02 p.m., the Mayor declared the meeting in recess. At 5:30 p.m., the meeting reconvened in the City Council's Conference Room, with all Members of the City Council Personnel Committee in attendance, Mayor Bowers presiding. COUNCIL: With respect to the Executive Session just concluded, Mr. Harris moved that each Member of the City Council 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 476 (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 City Council Personnel Committee. 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. There being no further business, the Mayor declared the City Council Personnel Committee meeting adjourned at 5:32 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor I 477 SPECIAL MEETING ROANOKE CITY COUNCIL I May 5, 1997 7:00 p.m. The Council of the City of Roanoke met in special session on Monday, May 5, 1997, at 7:00 p.m., in the Exhibit Hall of the Roanoke Civic Center, 710 Williamson Road, N. E., City of Roanoke, Virginia, with Vice-Mayor Linda F. Wyatt presiding, pursuant to Resolution No. 33351-042197, adopted by the Council on Monday, April 21, 1997. 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. Bowersm--2. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by Council Member Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Wyatt. BUDGET-TAXES: The Vice-Mayor advised that the purpose of the special meeting was to hold a public hearing to receive comments from citizens with regard to the City's real estate tax rate. Notice of advertisement of the public hearing was published in the The Roanpke Times on Monday, April 21, 1997, and in the Roanoke Tribune on Thursday, April 24, 1997. (See publisher's affidavits on file in the City Clerk's Office.) The Vice-Mayor advised that the recommended budget includes a one-cent reduction in the real estate tax rate, which is currently $1.23 per $100.00 of assessed value. The Vice-Mayor requested that all speakers limit their remarks to three minutes each; whereupon, the following persons addressed Council: 478 Ms. Marianne E. Gandse, 3271 Allendale Street, S. W., commended Council for studying a proposed tax cut. She stated that tax cute am appreciated when the fiscal needs of a community are reduced, or when the present rate provides a budgetary surplus; however, based on reports from the Capital Improvements Program and vision workshops, Roanoke's projected revenues fall short of the amount necessary to fund the City's "wish list". She applauded Council's willin.gne.~, as el..ected representativss, to do the right thing, but not necessarily the popmar ming. She stated that Counc,rs pragmatic consideration of a less drastic e~x cu.t. wil! help to in..s, ure that the C. ity of Roanoke can provide Ute services and uca~]onm opportumtiss necessary m the years to come. She added that citizens have a duty to look to the future; and in November, the citizens of Roanoke will face a serious challenge and Roanoke must be fiscally prepared to float the lamest bond issue in the City's history in order to fund the City's CaDital .an..d to .c.om.ple.te M. novations to elementary ,~ld mid'die s"~'o-o'l~"~i'~l~ ~v"i;;"b'~ tOIlOwecl Dy nign SChOOl renovations. Mr. Michael R. Meise, 2314.Maiden Lane, S. W., representing the Board of Directors, Greater Raleigh Court Cwic League, advised that the Board of Directors unanimously adopted a resolution at its May t, 1997, meeting .a. pplauding the Roanoke City Council for reducing the size of the real estate tax, however, the Greater Raleigh Court Civic League is concerned that reductions in real estate taxes may further erode the quality of life in Roanoke's neighborhoods and the .quality of education in the Roanoke City Schools. He s~ted that the Greate.r. Rale,gh Court I Civic League wishes to go on record in opposition to further reductions in the real estate tax base of the City. Mr. William G. Ammen, 4938 Greenlee Road, S. W., spoke in favor of the reduction in the real estate tax rate. He called attention to concerns expressed by some citizens of Roan.oke that the real estate tax rate has not been reduced since 1993, while the valuation of property has risen 11.6 per cent. He sta.t.ed that it is believed by some elderly homeowners that Council ,s trying to do what ,s right.and is long over due. He a.d. vised that all homeowners in the City of Roa. noke are entitled to some form of tax rehef, especially when assessments cause an increase in taxes year after year, and requested that Council reduce the re.a? estate ~x rate by two - three cents and establish an agenda which will require City Council to reduce the real estate tax rate every year until the rate reaches $1.12 per $100.00 of assessed value which is currently the rate paid by City of Salem homeowners. Mr. William L. Proffitt, 3545 Greenland Avenue, N. W., expressed opposition to any tax increase. He s. tated that a tax increase is not needed, citizens are currently paying too much ~n real estate taxes for the quality of neighborhoods in Roanoke, and there are unfavorable conditions in some neighborhoods that have not been corrected. He advised that all City taxes should be decreased. I 479 Mr. Holly O. Phillips, 3028 Pioneer Road N. E., requested that Council reduce I the real estate tax rate, reduce the assessment ratio to a more equitable formula, and give senior citizens a tax break. There being no further business, the Vice-Mayor declared the special meeting adjourned at 7:20 p.m. APPROVED ATTEST: Mary F. Parker City Clerk 48O SPECIAL MEETING =~ ROANOKE CITY COUNCIL May 5, 1997 7:20 p.m. The Council of the City of Roanoke met in special session on Monday, May 5, 1997, at 7:20 p.m., in the Exhibit Hall of the Roanoke Civic Center, 710 Williamson Road, N. E., City of Roanoke, Virginia, with Vice-Mayor Linda F. Wyatt presiding, pursuant to Resolution No. 333514)42197, adopted by the Council on Monday, April 21, 1997. PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout (arrived at 7:30 p.m.), William White, Sr., and Vice-Mayor Linda F. Wyatt 5. ABSENT: Mayor David A. Bowers- 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. BUDGET-TAXES: The Vice-Mayor advised that the purpose of the special meeting was to hold a public hearing to receive comments from citizens with regard to the 1997-98 recommended City budget; certain tax rate increases; and the recommended fiscal year 1997-98 U. S. Department of Housing and Urban Development (HUD) Funding Budget. Notice of advertisement of the public hearing was published in ~ Times on Friday, April 18, 1997, Monday, April 21, t997, and Friday, April 25, 1997, and in the R~ on Thursday, April t7, 1997, and Thursday, April 24, 1997. (See publisher's affidavits on file in the City Clerk's Office.) The Vice-Mayor advised that in accordance with requirements of Section 33 of the Roanoke City Charter pertaining to the annual budget, the City Manager has recommended a balanced fiscal year 1997-98 General Fund budget totalling $161.0 million, representing a 5.56 per cent increase over the current fiscal year budget; two major components of the General Fund Budget include the Roanoke City Government Budget and the local share of the Roanoke City School Budget; and the recommended adjusted school budget totats $86,540,693.00. I'~ 481 The Vice-Mayor further advised that one of th.e largest increases in existing I programs is a mandated expenditure approxmmately $2.2 million for the of. Comprehensive Services Act; a second major expenditure includes the employes merit increase of 3.3 per cent of the mid-point of each pay grade, which equates to $1.9 million; new programs include $15,000.00 for a Citizen Service Center, $100,000.00 for curb, gutter and sidewalk projects, approximately $52,000.00 for alley cleanup and park restoration, and $19,200.00 to fund the City's share of the cost for a Gresnways Coordinator; improved programs in City dspa~b~,ente include continued work to automate the City's trash collection and provide citizens with roll- out containers, and funds to address removal of junk cars; and the proposed budget will also position the City for a $35 - $37 million bond referendum. The Vice-Mayor explained that the Members of Council welcome comments on a proposed new tax on consumers of mobile local telecommunication service (cellular telephones), at a rate equal to ten percent of the gross monthly charge on an amount not in excess of $30.00 per month for each mobile service consumer; the City Manager's recommendation regarding an increase in the special tax on consumers of local telephone service, emergency 911 surcharge, from $.99 per month, per telephone line to $1.45 per month, per telephone line, effective July 1, 1997; and the recommended U. S. Department of Housing and Urban Development (HUD) Funding Budget for fiscal year t997-98 which totals $3,787,476.00. The Vice-Mayor requested that speakers limit their remarks to three minutes each; whereupon, the following persons addressed Council: Ms. Cynthia Riss, 3631 Peakwood Drive, S. W., representing Parents for Capital Improvements in the Roanoke City Schools, advised that the proposed budget makes a statement that Roanoke City schools are on the front burner of what is crucial in Roanoke, and the proposed budget also makes a statement that Council, the School Board and the School Superintendent will conduct business in an atmosphere of good faith and shared goals. She further advised that based on the retirement of existing debt through good long term capital needs planning and cost savings on the part of the City Manager, Roanoke is in a position to offer the largest bond referendum in the City's history to be voted on by the voters in November 1997. She stated that the citizens of the City of Roanoke have supported every bond referendum and necessary school capital improvement projects without divisiveness or acrimony because bond money has been fairly and evenly distributed throughout the schools and in every section of the City. She advised that she has confidence that Council will do everything within its power to avoid unwise tax cuts, to look for alternative sources of revenue, and to maximize the City's bonding capacity to insure that Roanoke continues to buck the trends to renovate instead of to vacate. 482 David. L. Kjolhede, Ex..ecutive Director., Roanoke Valley Convention & Visitors Bureau, ,dv,sed that there ,, a way to prov,de tax reven.ue, for.the C!ty in the form of tourism and conventions that choose to hold the,r meetings ,n the City of Roanoke. He stated that Council in the past has invested $500,000.00 in the Roanoke Valley Convention & Visitors Bureau and those funds have returned tax dollars several times to the City. He requested that Council not only consider the recommended $500,000.00 for the Convention & Visitors Bureau in the proposed budget, but look for ways to increase funding because the Convention and Visitors Bureau operates in a very competitive market with cities around the region. Mr. Phillip A. Chagmon, 1202 Floyd Avenue, S. W., spoke in support of programs sponsored by the YMCA and the West End Center. He requested that as Council reviews the budget, it should take into consideration the current shift in American politics toward limiting or eliminating entitlement programs for the needy. He advised that it would be unwise to abandon American children, the City must accept an increased responsibility toward its disadvantaged children, and if funds are not budgeted for cost effective programs for the children of Roanoke, the City will be abandoning its responsibility. He stated that Roanoke City, as well as all of America, will be going through dramatic changes in the coming years and programs to save the nation's children must be increased, and this required increase cannot take place in a vacuum. He stated that full funding for existing programs to save Roanoke's children will not only allow the current programs to o.perate effectively, but will also send a message to the Roanoke community that fund,ng is available for the necessary increase in programs that will help to save Roanoke's children. He stated that it is not just the morally responsible choice, but the fiscally responsible choice. Joe W. Chrisfianbury, 2554 Emerald Lake Drive, Troutville, Virginia, Member, Board of Directors, Tutor, and Past President, West End Center, expressed appreciation for past assistance which has been provided for the West End Center, and requested that Council consider full funding of the operating request which was submitted for fiscal year 1997-98. He called attention to a parb~erahip with the Blue Ridge Community Service which has enabled the West End Center to help at- risk or disturbed children in an effective manner. He stated that it would appear to be the most cost effective manner in which to fund a program that has been active for 17 years where volunteers are currently in place. Pat D. Dillard, Executive Director, Presbyterian Community Center, advised that for over 25 years, the Center has provided emergency, financial and food services to Iow income residents of southeast Roanoke and the Roanoke Valley, and during those years, the Center has been aware of the need to provide Iow income youth with afternoon tutoring, mentoring and a culturally enriched environment. She 483 stated that the Pres.b, yterian Center is one of four organizations: Y.M. CA, West End I Center, and St. John s Episcopal Church that is committed to creating a new City- wide youth program to provide these opportunities for the youth of southeast Roanoke; however, · request for funds through the Community Development Block Grant wee denied. She explained that sources familiar with CDBG spending have confirmed that there have not bce;1 significant CDBG expenditures in southeast Roanoke since Fellon Park swimming pool was constructed 15 - 20 years ago. Therefore, she urged reconsideration of the funding request and advised that local leadership has encouraged replication of the successful model programs at West End Center and the Presbyterian Community Center in order to address the needs of Roanoke's at risk children. Theodore D. Allen, 4221 Whitehall Circle, S. W., President and representing 40 families in an organization known as AMI-RV which serves as an advocate for persons disabled by mental illness, appeared before Council and spoke in support of increased funding for Blue Ridge Community Service in order to address the needs of helpless individuals. Steven L. Higgs, 2811 Rosalind Avenue, S. W., President, Blue Ridge Zoological Society of Virginia, which operates the Mill Mountein Zoo, advised that the Zoo provides the Roanoke Valley with a direct economic impact of approximately $700,000.00 per year and has an indirect economic impact in excess of $5 million. He stated that the Mill Mountein Zoo appreciates the in-kind support that it receives from the City in terms of reduced fees and services; however, the Zoo requests an increase in the City's direct financial support. He explained that currently the Mill Mountain Zoo receives approximately $8,000.00 per year from the City which is less than one-half of the taxes that are paid directly by the Zoo back te the City. He stated that there is no more efficient cultural attraction in the City of Roanoke in terms of public funding which is received, versus benefits that the Zoo returns to the community, and the Mill Mountain Zoo will look to the City for its continued support. John M. Stroud, Executive Director, Roanoke Valley Regional Chamber of Commerce, a business organization representing over 1700 businesses in the region, advised that the Chamber of Commerce would like for the City to focus its attention on regional cooperation and on setting measurable goals in the City's capital expenditure plan. He stated that in reviewing the budget, only expenditures are noted, and inquired as to the amount of funds proposed to be spent by the various departments of City government, what does the City expect to achieve by spending the funds, what are the goals of the City, and how much money will be required to achieve those goals. He advised that the Chamber of Commerce is asked periodically by the news media to evaluate Council and the City 484 Administration and their response has been, "What are the City's goals?" He asked how the citizens in the business community can be expected to evaluate City government in the absence of clear and measurable goals. He stated that the budget document demonstrates how much money the City is spending and not what the City expects to receive for its money in terms of results. He explained that communities around the counby that have strategic plans with measurable goals to achieve their strategic plans are able to build consensus, and the community works together to achieve their stated goals. He stated that the proposed budget would position the City of Roanoke for a $35 - $37 million bond issue which is not enough to meet the current needs of the City, therefor, it is hoped that Council will look within the budget for additional money because every identified $100,000.00 will fund another $1 million in capital improvements. Tonya A. White, 1521-E Wyndham Drive, Vinton, Virginia, representing the Presbyterian Community Center, advised that the City has an urgent need for the services offered by the Presbyterian Center, especially since effective October 1, 1997, the City will be under the Federal Welfare Reform Act and there will be a growing need for high quality inexpensive day care for Iow income families. She advised that southeast Roanoke has no youth programs and children need a place to go after school, and requested that Council work with the YMCA and the Presbyterian Community Center to identify funds for the youth of Roanoke City and specifically southeast Roanoke. Ann Hutton, 1402 Abby Circle, Vinton, Virginia, Chair, Public Affairs Committee, Mental Health Association of the Roanoke Valley, a non-profit, non- governmental organization with approximately 500 members who work to educate citizens of the Roanoke Valley about issues regarding mental health and mental illness and advocate quality care for all citizens who suffer from mental illness, appeared before Council in support of the request of Blue Ridge Community Services for allocation of funds for fiscal year 1997-98. She explained that Blue Ridge Community Services provides mental health, mental retardation and substance abuse services to the citizens of the Counfiss of Roanoke, Botetourt and Craig and the Cities of Roanoke and Salem. She stated that the funding request submitted by Blue Ridge Community Services was prepared in accordance with the local match policy which calls for matching all state based funds at a 90 - 10 ratio with local tax dollars. She advised that the requested allocation represents the amount of funds 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 treatment or counseling services to 5,762 Roanoke City residents during the fiscal year ended June 30, 1996, and the value of those services was estimated at $7,439,182.00, which represents $22.13 in services for I1 485 each local match dollar provided by the City. She stated that for fiscal year 1997, Roanoke City allocated $346,250.00 in local tax dollars to Blue Ridge Community Services and the agency has requested an allocation of $459,808.00 from Roanoke City for fiscal year 1997-98, and appropriations in a lesser amount than that which is requested will jeopardize state funds and existing service delivery. Nancy A. Chapin, Executive Director, Literacy Volunteers of America in the Roanoke Valley, advised that Literacy Volunteers help functionally illiterate adults to improve their reading, writing and communication skills. She stated that Literacy Volunteers at the Presbyterian Community Center propose to develop a Family Literacy Volunteer program in the southeast section of the City which would include basic literacy skills, instructions for parents, developmental education for children, and provide programs allowing parents and children to interact and share learning experiences in conjunction with parenting classes and support groups. She stated that when parents and children Issm together they help each other to grow, children Issm from the parent to value and respect education and thus improve their chances of success in school, and parents gain a new appreciation of their role as the child's first teacher. She spoke in support of the need for space to house the Family Literacy Program. Kathryn R. Hale, Director, West End Center for Youth, advised that the i programs at the West End Center have been successful in preventing teenage pregnancy, juvenile delinquency and increasing school attendance and overall school success. She called attention to three partners of the West End Center who are willing to provide similar services to youth and teens throughout Roanoke City which ars privately funded by businesses, churches and individuals from the Roanoke Valley. She requested additional funding through Community Development Block Grant funds to expand the program offered by the West End Center in order to serve several hundred additional children over a three year period. Mr. Bill C. Leach, 3136 West Ridge Road, S. W., spoke in support of funding for the West End Center. He stated that the West End Center is repeatedly told that funding is not available in Community Development Block Grant funds, which is probably true in light of the limited amount of funds available (approximately $250,000.00) for the entire social service/human service portion of the budget; however, the bottom line is that the City chooses to fund a $100,000.00 administrative cost out of social services needs and the City does not make a priority of spending for its youth population. 'He advised that as a taxpayer, he would prefer that his tax dollars be spent on those needs that address cost effective beneficial societal enhancement activities. He stated that the West End Center and the City-Wide Coalition which is proposed addresses educational nccds, job skills, 486 nutrition, fitness and athletic activities, cultural activities, teen pregnancy, socialization skills, special needs for emotionally disturbed and educationally handicapped people, and programs designed to encourage the role of parents. He requested that City government give moro thought to which is moro cost effective: spending $2,000.00 - $3,000,00 per child to help the child become an educated high school graduate and an employed member of society, or spend $100,000.00 for the special needs child or $45,000.00 for the incarcerated juvenile. Rodney L. Lewis, 709 Madison Avenue, N. W., Member, Board of Diroctora, West End Center, advised that all citizens must reach out and help the youth of Roanoke City. He stated that the West End Center program is successful, it should be emulated throughout the City, and Council's assistance in the form of funding is needed. Ms. Liza Femald, 2452 Meadowbrook Road, N. W., inquired as to what the City is doing to prepare for Federal Welfaro Reform. She advised that programs provided by the West End Center aro successful, and she has personally witnessed children who have succeeded because of the guidance they roceived at the West End Center. She stated that these children are offered the opportunity to have the same successes that all parents throughout the entire City want for their children. She requested that Council reconsider the proposal of the West End Center for a City- wide youth program which would place a youth center in every aroa of the City and provide the City with an opportunity to look at provention rather than to pay the consequences at a later date. Joy Parrish, 5111 Black Hawk Circle, Salem, Virginia, an employee of the West End Center, called attention to statistics from the Better Beginnings Coalition study which shows that the West End Center is effective in preventing teenage prognancy and increasing school attendance and performance. She stated that the West End Center succeeds because the program is reality based and holds children accountable for their actions in order to prepare them for the real world, the Center is successful because it is located in the community where participants live, the Center is open five days a week year round providing tutoring services to children from kindergarten to age 12, the Center acts as a support system to the entiro family, the Center provides an inclusive environment for all children whero youth aro shown how to make good choices and encouraged to reach for the stars, and the Center provides children with positive role models, along with a good support system. She advised that the West End Center helps children acquire the skills they will need to become productive responsible citizens through a group of volunteers and contributors who keep the Center operating year in and year ouL She stated that the median income for families of West End Center youth is less than $12,000.00 which Il 487 doss not allow money for after school enrichment programs. She advised that currently 84 children are on the waiting list, and the list will grow with the upcoming Federal Welfare Reform initiative. She asked that the request of the West End Center for additional funds be reconsidered by Council. Estalle H. McCadden, President, Melrose/Rugby Neighborhood Forum, requested that Council reconsider a decision made by the Office of Grants Compliance to deny the organization's request for Community Development Block Grant funds to purchase a building which will be used as office space. She advised that initially, the organization requested $38,300.00 in CDBG funding; however, since their funding request was submitted, another structure has been identified, thus decreasing their funding request by $10,000.00. She pointed out that the City continues to fund some of the same organizations year after year and doss not give consideration to funding requests of new organizations, and asked that the northwest section of Roanoke be given an opportunity to become an active part of the City. The Reverend John L. Huffaker, representing the Roanoke Christian Partnership, an organization formed to provide ministry services to southeast residents, as well as to enhance the ecumenical life of those churches working closely with the Presbyterian Community Center, spoke in support of funding for a City-wide youth center project. He stated that with a poverty rate in the southeast section of the City of 35 par cent and a lack of facilities and opportunities for youth development, he would plead with the City to identify resources in the budget to develop a youth center in southeast Roanoke. He advised that through modeling the successful programs sponsored by the West End Center with organizations such as the Southeast Roanoke Christian Partnership, the Presbyterian Community Center, and others, appropriate staff and volunteers could be provided to establish a program in southeast Roanoke that would have strength and credibility. He urged that Council give serious consideration to providing funds for development of a youth center and youth programs in southeast Roanoke, in order to address the needs of youth and to strengthen the moral and community fiber of the neighborhood. The Reverend W. Mike Barnes, Pastor, Belmont Christian Church in southeast Roanoke, spoke in support of including funds in the Community Development Block Grant budget for youth programs for southeast Roanoke. He advised that the West End Youth Center, Presbyterian Community Center, St. John's Episcopal Church and the YMCA Family Center requested a portion of CDBG funds for programs to help reduce teenage pregnancy, reduce juvenile crime, and to provide services for southeast children such as after school tutoring programs. He asked how Council 488 can, in good conscience, provide funds for other parts of the City for youth programs and not provide funds for the children of southeast Roanoke. He urged that Council reconsider the matter and provide a portion of CDBG funding to the proposed youth programs for southeast Roanoke. Harriet Lewis, Executive Director, YWCA of the Roanoke Valley, advised that the YWCA Youth Group provides constructive and enrichment programs for gills from 10 - 16 years of age who are considered to be at a statistically vulnerable age that makes them at risk of becoming pregnant. She stated that the YWCA is currently helping 73 young women once per week during the school year and all day for two days each week during the summer months and their goal is to help 85 young women during the 1997-98 operating year. She explained that the 1997-98 budget reduces funding for the YWCA from the Community Development Block Grant by $2,500.00; therefor, the YWCA Youth Group is requesting that its proposed level of funding be reconsidered. She advised that the program has helped to increase school attendance, to reduce teenage pregnancy rates, and to build feelings of self-esteem. Bill A. Breeding, Co-Athletic Director, Southeast Recreation Club, requested that the City build more practice/game fields and gymnasiums when Roanoke's parks are renovated, in order to provide the youth of Roanoke with an alternative to standing on street corners and getting into trouble. There being no f,~,U,er business, the Vice-Mayor declared the special meeting adjourned at 8:30 p.m. APPROVED ATTEST: M/~a ry F.~Farke~~ak'*'~g~ ~~yaff~~~ City Clerk e-Mayor 489 PERSONNEL COMMITTEE ROANOKE CITY COUNCIL I May 6, 1997 2:20 p.m. A meeting of the Roanoke City Council Personnel Committee, composed of the Members of Roanoke City Council, was called to order on Tuesday, May 6, t997, at 2:20 p.m., in the City Council's Conference Room, fourth floor of the Municipal Building, 2t5 Church Avenue, S. W., City of Roanoke, with Chairman and Mayor David A. Bowers presiding. PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, Linda F. Wyatt and Mayor David A. Bowers .... 6. ABSENT: Council Member William White, Sr. 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 City Council Personnel Committee m.ed. t in Executive Session I a personnel matter, being, performance evaluations of certain Council to discuss Appointed Officers, pursuant to Section 2.1-344(A)(t), Code of Virginia (1950), as amended. 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: None. (Council Member White was absent.) At 2:22 p.m., the Mayor declared the meeting in recess. At 4:30 p.m., the meeting reconvened in the City Council's Conference Room, with Mayor Bowers presiding and all Members of the City Council Personnel Committee in attendance, with the exception of Council Member White. COUNCIL-CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK- MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: With respect to the Executive Session just concluded, Mr. Swain moved that each Member of the City Council Personnel Committee certify to the best of his or her 1 490 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 the City Council Personnel Committee. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, Wyatt and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) At 4:32 p.m., the Mayor declared the meeting in recess until Wednesday, May 7, 1997, at 10:00 a.m., in the City Manager's Conference Room. At 10:05 a.m., on Wednesday, May 7, t997, the City Council Personnel Committee reconvened in the City Manager's Conference Room, Room 364, Municipal Building, 215 Church Avenue, S. W., with Mayor Bowers presiding and all Members of the City Council Personnel Committee in attendance. COUNCIL-CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK- MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: Mr. Parrott moved that the City Council 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)(t), Code of Virginia (1950), as amended. 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---. At 10:07 a.m., the Mayor declared the meeting in recess. At 12:10 p.m., the meeting reconvened in the City Manager's Conference Room, with Mayor Bowers presiding and all Members of the City Council Personnel Committee in attendance. 491 COUNCIL-CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK- I MUNICIPAL AUDITOR..-?RECTO. R OF FINANCE-REAL ESTATE VALUATION: With respect to the Executive Session just concluded, Mr. Swain moved that each Member of the City Council Personnel Committee certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by the City Council Personnel Committee. 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. COUNCIL-CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK- MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: Mr. Swain moved that Ute City Council 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 Mr. Parrott and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None ----0. At 12:15 p.m., the Mayor declared the meeting in recess. At 12:50 p.m., the City Council Personnel Committee reconvened in the City Manager's Conference Room, Room 364, with Mayor Bowers presiding and all Members of the City Council Personnel Committee in attendance. COUNCIL-CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK- MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: With respect to the Executive Session just concluded, Mr. Swain moved that each Member of the City Council 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 492 such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by the City Council Personnel Committee. The motion was seconded by Mi. Harris and adoptm] by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None COUNCIL-CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK- MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: Mr. Parrott moved that Council approve a five per cent merit pay increase for the City Manager, City Attorney, Director of Finance, City Clerk, Director of Real Estate Valuation, and Municipal Audit. or, effective July t, 1997. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Parrott, Trout, White, and Mayor Bowers. 4. NAYS: Council Members Harris, Swain and Vice-Mayor Wyatt REAL ESTATE VALUATION-CITY CHARTER: Mr. White moved that the position of Director of Real Estate Valuation be established as a Council-Appointed position for a term of two years. The motion was seconded by Mr. Trout and unanimously adopted. Without objection by Council, the Mayor advised that the matter would be referred to the City Attorney for appropriate action. There being no further business, the Mayor declared the City Council Personnel Committee meeting adjourned at 12:55 p.m. APROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 493 ROANOKE CITY COUNCIL May 12, 1997 SPECIAL MEETING 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, 216 Church Avenue, S. W., City of Roanoke, on Monday, May 12, 1997, at 6:00 p.m., pursuant to Section 10, Meetinps of Council, of the Roanoke City Charter, and pursuant to Resolution No. 33350- 042197, adopted by the Council on Monday, April 2t, 1997, with Mayor David A. Bowers presiding. PRESENT: Council Members William White, Sr., Linda 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; Wilbum 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-SCHOOLS: The Mayor advised that the purpose of the special meeting was to elect three Trustees to the Roanoke City School Board; and to adopt the fiscal year 1997-98 City operating budget and other related matters, pursuant to Resolution No. 33350-042197, adopted by the Council at its regular meeting on Monday, April 21, 1997. OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised that on July 1, 1997, there will be three vacancies on the Roanoke City School Board; and 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 24, 1997, at 6:00 p.m., in the City Council Chamber: 494 ACTION: ACTION: ACTION: ACTION: ACTION: ACTION: Sherrie M. Boone F. B. Webster Day Marsha W. Ellison Joann Hamidullah Sherman P. Lea Michael L Ramsey 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 each year, Council must hold an election to fill certain upcoming vacancies on the Roanoke City School Board, the following names were placed in nomination: Sherrie M. Boone F. B. Webster Day Marsha W. Ellison Joann Hamidullah Sherman P. Lea Michael L. Ramsey There being no further nominations, the following vote was recorded: FOR MS. BOONE: Council Member Parrott and Vice-Mayor Wyatt 2. FOR MR. DAY: Council Members Harris, Parrott, Swain, Trout and Mayor Bowers. 5. FOR MS. ELLISON: Council Members White, Harris, Trout and Mayor Bowers 4. FOR MS. HAMIDULLAH: Council Member White and Vice-Mayor Wyatt 2. FOR MR. LEA: Council Members White, Harris, Swain, Trout and Mayor Bowers 5. FOR MR. RAMSEY: Council Members Parrott, Swain and Vice- Mayor Wyatt 3. 495 Pursuant to the aboverecorded roll call vote of the Council, the Mayor declared F. B. Webster Day, .Marsha W. Ellieon, and Sherman P. Lea as Trustees of the Roanoke C,ty School Board for terms of three years each, commencing July 1, 1997, and ending June 30, 2000. BUDGET-CITY CODE-TAXES-DISABLED PERSONS: Mr. White offered the following emergency ordinance amending and reordaining §32-86, Financial eli~aibili~, Code of the City of Roanoke (1979), as amended, by adding a new subsection (e) increasing from $26,000.00 to $27,000.00 the total combined annual income threshold and increasing from $75,000.00 to $80,000.00 the net combined financial worth threshold for qualification for real estate tax exemption for elderly and disabled persons for the tax year commencing July 1, 1998: (#33378-051297) AN ORDINANCE amending and reordaining §32- 86, Financial elioibility, Code of the City of Roanoke (1979), as amended, by adding a new subsection (e) increasing from $26,000.00 to $27,000.00 the total combined annual income threshold and increasing from $75,000.00 to $80,000.00 the net combined financial worth threshold for qualification for real estate tax exemption for elderly and disabled persons for the tax year commencing July 1, 1998; amending current subsection (e) of §32-86, Financial elioibility, to redesignate such subsection as subsection (f); and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 59, page 488.) ACTION: Mr. White moved the adoption of Ordinance No. 33378-051297. The motion was seconded by Mr. Trout and adopted by the following vote: ACTION: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers NAYS: None 0. EQUIPMENT: Mr. BUDGET-CITY CODE-TAXES-TELEPHONE Swain moved that the following ordinance amending the Code of the City of Roanoke (1979), as amended, by enacting new §32-170.1, ADolicability to mobile local telecommunication service, establishing 496 a new tax o.n purchasers and..consumers of mobile local telecommunication service and provld,ng for a tax rate in the amount of ten per cent of the monthly gross charge, and duties and procedures in the administration of such tax, be placed upon its first reading: (#33379) AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new §32-170.1, 1;~ mobile local telecommunication service, establishing a new tax on purchasers and consumers of mobile local telecommunication service and providing for the tax rate and duties and procedures in the administration of such tax, and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 59, page 520.) The motion was seconded by Mr. White. Linda M. Scarborough, Vice-President of Community Relations, Roanoke Valley Regional Chamber of Commerce, raised the question, "When is a tax decrease actually a tax increase?" She advised that the answer appears obvious as Council considers reducing the real estate tax, while at the same time increasing the utility tax on cellular telephone service and the E-911 fee. She stated that citizens have not asked for a reduction in taxes, but they have requested no additional tax increases. She noted that last year, the Chairman of the Roanoke Regional Chamber of Commerce appeared before Council and requested that any new funding be developed through greater efficiencies and not through increased taxes. She explained that the City recently increased business and residential taxes through reasssssment of property, and last year the Business, Professional and Occupational License Tax was increased, which is now proposed to be followed by a ten per cent levy on cellular telephone users, most of which will be paid by businesses and individuals. She added that revenue from the proposed taxes was not included in the original budget, therefore, why does the City need the additional money. She asked that Council vote against the cellular telephone tax, and advised that with this proposed tax added to other taxes, Roanoke is quickly becoming more costly and less competitive with other localities. Ordinance No. 33379, on its first reading, was adopted by the following vote: 497 AYES: Council Members White, Harris, Swain, and I Mayor Bowers 4. NAYS: Council Members Parrott, Trout and Vice-Mayor Wyatt-3. BUDGET-CITY CODE-TAXES-EMERGENCY SERVICES- COMMUNICATIONS DEPARTMENT: Mr. Swain offered the following emergency ordinance amending and reordaining §32-276, Tax levied: amount, of the Code of the City of Roanoke (1979), as amended, to provide for an increase in the special tax imposed on the consumers of telephone service to offeet costs attributable to the enhanced 911 Emergency Telephone System, effective September 1, 1997: (~33380-051297) AN ORDINANCE amending and reordaining ~32- 276, Tax levied: amount, of the Code of the City of Roanoke (1979), as amended, to provide for an increase in the special tax imposed on the consumers of telephone service to offset costs attributable to the enhanced 9tt Emergency Telephone System; and providing for an emergency and for an effective date. (For full text of Ordinance, see Ordinance Book No. 59, page 489.) ACTION: Mr. Swain moved the adoption of Ordinance No. 33380-051297. The motion was seconded by Mr. Parrott. Ms. Scarborough reiterated her remarks which were presented in connection with Ordinance No. 33379. Ordinance No. 33380-051297 was adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Mayor Bowers 6. NAYS: Vice-Mayor Wyatt BUDGET-CITY CODE-TAXES: Mr. Harris offered the following emergency ordinance amending and reordaining §32-16, ~, Code of the City of Roanoke (1979), as amended, to provide for reduction of the real estate tax rate from $1.23 on every one hundred dollars of fair market value to $t .22 on every one hundred dollars of fair market value: 498 ACTION: ACTION: (#33381-051297) AN ORDINANCE amending and reordaining §32-16, ~,.e_v. Jg_d;_ya_t~ Code of the City of Roanoke (t979), as amended, to provide for reduction of the real estate tax rate from $1.23 on every one hundred dollars of fair market value to $1.22 on every one hundred dollars of fair market value; and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 89, page 49t.) Mr. Harris moved the adoption of Ordinance No. 33381-051297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Mayor Bowers 6. NAYS: Vice-MayorWyatt 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 1997-98 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, Risk 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.) Mr. White moved that the Certificate be received and filed. The motion was seconded by Mr. Trout and unanimously adopted. BUDGET: Mr. Trout offered the following emergency ordinance adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998, in the total amount of $161,226,635.00: 499 (~33382-051297) AN ORDINANCE adopting the annual General I Fund Appropriation .o.f the City of Roanoke for the fiscal year beginning July t, 1997 and ending June 30, t998; and declanng the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 492.) Mr. Trout moved the adoption of Ordinance No. 33382-051297. The motion was seconded by Mr. Swain. Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., advised that Roanoke City needs to break down barriers and to build bridges between communitiee, and those bridges should provide bicycle and pedestrian access. She stated that using taxpayer's dollars for only those residents to the south of Roanoke to safely access Valley View Mall is unconscionable. She pointed out that the Virginia Depe,~,,ent of Transportation and the Federal Highway Administration have stated that the 1-581 road project can include bicycle and pedestrian accommodations and it is City Council's decision to approve or disapprove. She stated that if bicycle and pedestrian facilities are included in the present plan, Faison Realty Equities, Inc., developer of the property, has proffered in the petition for rezoning to build pedestrian/bicycle accommodations along Valley View Boulevard to intersect with the Wal-Mart interchange at no cost to the City, and costs could be considerably higher if added at a later date. She stated that fill dirt which will be needed for the outgoing south ramp should be taken into consideration as well. She advised that in discussions with engineers of the Virginia Department of Transportation, it has been suggested that pedestrian/bicycle accommodations be included on the bridge, continuing along the exit ramp, and it is important that pedestrian/bicycle accommodations be included now or they may never be included. She called attention to back-up traffic on Elm Avenue, Wonju Street, Orange Avenue, and Route 419 at various times throughout the day, and if an alternative transportation corridor is provided for motorists to access downtown Roanoke for pleasure or for work, they might leave their vehicles at home, thus, downtown parking requirements will be reduced. She requested that the City consult with Mattern and Craig, Consulting Engineers, to include bicycle/pedestrian accommodations, not only on the bridge but on the ramp, in order to access and connect with a greenway, and that the City fund pedestrian/ bicycle accommodations on the 1-581 interchange now. 500 Ordinance No. 33382-051297 was adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: None BUDGET-WATER RESOURCES: Mr. Harris offered the following emergency ordinance adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998, in the total amount of $8,768,500.00: (#33383-051297) AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 495.) Mr. Harris moved the adoption of Ordinance No. 33383-051297. 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-- BUDGET-SEWERS AND STORM DRAINS: Mr. Swain offered the following emergency ordinance adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998, in the total amount of $9,593,400.00: (#33384-051297) AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 496.) 501 Mr. Swain moved the adoption of Ordinance No. 33384-051297. 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: None 0. BUDGET-ROANOKE CIVIC CENTER: Mr. Harris offered the following emergency ordinance adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, t997, and ending June 30, 1998, in the total amount of $2,873,862.00: (~33385-051297) AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 498.) Mr. Harris moved the adoption of Ordinance No. 33385-051297. 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. BUDGET-TRANSPORTATION FUND: Mr. Harris offered the following emergency ordinance adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998, in the total amount of $2,818,313.00: (#33386-051297) AN ORDINANCE adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, t998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 499.) 502 Mr. Harris moved the adoption of Ordinance No. 33386-051297. The motion wes 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 0. BUDGET-NURSING HOME: Mr. White offered the following emergency ordinance adopting the annual Nursing Home Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997, and ending June 30, 1998, in the total amount of $610,714.00: (#33387-051297) AN ORDINANCE adopting the annual Nursing Home Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page $00.) Mr. White moved the adoption of Ordinance No. 33387-051297. 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 BUDGET-CITY INFORMATION SYSTEMS: Mr. Swain 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, 1997 and ending June 30, 1998, in the total amount of $3,113,521.00: (#33388.051297) AN ORDINANCE adopting the annual City Information Systems Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, t998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 502.) 503 Mr. Swain moved the adoption of Ordinance No. 33388-051297. 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 0. BUDGET-GENERAL SERVICES: Mr. Harris offered the following emergency ordinance adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998, in the total amount of $139,552.00: (#33389-051297) AN ORDINANCE adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 503.) Mr. Harris moved the adoption of Ordinance No. 33389-051297. 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 --0. BUDGET-MANAGEMENT SERVICES: Mr. Swain offered the following emergency ordinance adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998, in the total amount of $167,810.00: (#33390-051297) AN ORDINANCE adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1098; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 504.) 504 Mr. Swain moved the adoption of Ordinance No. 33390-051297. 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 0. BUDGET-UTILITY LINE SERVICES: Mr. Harris offered the following emergency ordinance adopting the annual Utility Line Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July t, 1997 and ending June 30, t998, in the total amount of $3,184,901.00: (#33391-051297) AN ORDINANCE adopting the annual Utility Line Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 505.) Mr. Harris moved the adoption of Ordinance No. 33391-051297. 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. BUDGET-FLEET MAINTENANCE FUND: Mr. Harris offered the following emergency ordinance adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998, in the total amount of $4,387,543.00: (#33392-051297) AN ORDINANCE adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 506.) ~ 5O5 Mr. Harris moved the adoption of Ordinance No. 33392-051297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrot'(, Swain, Trout and Mayor Bowers 7. NAYS: None 0. BUDGET-RISK MANAGEMENT FUND: Mr. Harris offered the following emergency ordinance adopting the annual Risk Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, t997 and ending June 30, 1998, in the total amount of $6,312,156.00: (#33393-051297) AN ORDINANCE adopting the annual Risk Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, t998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 508.) M.r. Harris moved the adoption of Ordinance No. 33393.051297. 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 ----0. BUDGET-SCHOOLS: Mr. Harris offered the following emergency ordinance adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998, in the total amount of $86,540,693.00: (#33394-051297) AN ORDINANCE adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page $09.) 5O6 Mr. Harris moved the adoption of Ordinance No. 33394-051297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Mayor Bowers ~6. NAYS: Vice.Mayor Wyatt BUDGET-GRANTS: Mr. Parrott offered the following emergency ordinance adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998, in the amount of $685,532.00: (#33395-051297) AN ORDINANCE adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 510.) Mr. Parrott moved the adoption of Ordinance No. 33395-051297. 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: None BUDGET-CITY EMPLOYEES: Mr. Trout offered the following emergency ordinance adopting and establishing a Pay Plan for officers and employees of the City, effective July 1, 1997; 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 Deparb~ent who are certified as Emergency Medical 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. 32934-051396, adopted on May 13, 1996, to the extent of any inconsistencies, effective July 1, 1997: 507 (#33396-051297) AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City effective July 1, 1997; 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~l,,ent who ars certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Firs Department who ars members of the Regional Hazardous Materials Response Team; and repealing Ordinance No. 32934-051396, adopted May 13, 1996, to the extent of any inconsistency; and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 59, page 512.) Mr. Trout moved the adoption of Ordinance No. 33396-051297. The motion was seconded by Mr. Parrott. Mr. David K. Mays, 1885 Nemmo Road, Vinton, Virginia, advised that no Roanoke City police officer can accurately quote how much money he or she will earn next year. He called attention to a lieutenant in the Police Deparb~tent who currently sams less than a sergeant, which indicates that there is something extremely wrong with the City's current pay plan. He added that thers is a sergeant in the Police Department who was recently promoted to the position who is earning the same amount of money as a sergeant who has held the same position for over five years. He called attention to a police officer who has worked for the City for 10 - 12 years who is earning the same amount of money as a police officer who has been employed by the City for 17 years, therefore, there are many inequities in the City's pay plan. Upon questJon by Council, the City Manager advised that he was unaware of some of the statements made by Mr. Mays. He further advised that City staff tries to insure that the City's pay plan is in a form that will provide efficient information to employees regarding pay increases. He stated that the comments made by Mr. Mays are taken seriously, and he, along with the Personnel Manager, Acting Chief of Police, and Director of Public Safety will offer the individual officers alluded to by Mr. Mays every opportunity to discuss their concerns. He added that the City has employed a strong technical staff and if there are problems that need to be corrected, they will be addressed. 5O8 ACTION: Ordinance No. 33396-051297 was adopted by ~e following vote: AYES: Council Members White, Harris, Parrott, Trout and Mayor Bowers 5. NAYS: Council Member Swain and Vice-Mayor Wyatt. BUDGET-COUNCIL: Mr. Trout moved that the following ordinance establishing the annual salary of the Mayor for the fiscal year beginning July 1, 1997, be placed upon its first reading: (#33397) AN ORDINANCE establishing the annual salary of the Mayor for the fiscal year beginning July 1, 1997; and providing for an effective date. The motion was seconded by Mr. Swain. Ms. Regina Vassar, 1117 Floyd Avenue, S. W., advised that she is outraged over the proposed pay increases for the Mayor and Council Members, in addition to the pay increase that was received last year. She stated that the proposed raises are exorbitant at a time when businesses are closing and employees are being relocated. She advised that Council Members were not forced to take their positions, but sought the positions voluntarily. She added that the one cent reduction in the real estate tax rate is an insult to the citizens of Roanoke. Mr. David K. Mays, 1885 Nemmo Road, Vinton, Virginia, advised that he was a Roanoke City Police Officer for 12 years, he left the City earning $28,000.00 per year, and took another job where he presently earns $37,000.00, including his automobile allowance. He called attention to the dangers of the police officer profession, while earning $24,000.00 per annum, and it is an insult to give a police officer a three per cent average annual raise when Members of City Council could receive as much as a 28 per cent increase. He stated that it is unfair to give the City Manager $7,500.00 toward his Deferred Compensation Plan, while providing other City employees with $5.00 per pay period toward their Deferred Compensation Plan with the provision that they personally contribute at least $5.00 per pay period. He advised that 28 police officers have been assaulted in the City of Roanoke this year and, to his knowledge, there has never been a report of a Mayor or a Member of City Council in the City of Roanoke who has been assaulted. He stated that the City does not have a clear and concise pay plan; 509 ACTION: numerous grievance complaints have been filed, and a grievance was filed recently regarding the issue of holiday pay because it is felt that all City employees should receive 11 paid holidays and rather than 88 hours. Mr. Robert D. Gravely, 1524 Hanover Avenue, N. W., advised that City Council should have conferred with the voters of the City of Roanoke before voting itself a pay increase. Ordinance No. 33397, on its first reading, was adopted by the following vote: AYES: Council Members White, Parrott, Swain, Trout and Mayor Bowers 5. NAYS: Council Member Harris and Vice-Mayor Wyatt~ · 2. BUDGET-COUNCIL: Mr. White moved that the following ordinance establishing the annual salaries of the Vice-Mayor and Council Members for the fiscal year beginning July 1, 1997, be placed upon its first reading: (#33398) AN ORDINANCE establishing the annual salaries of the Vice-Mayor and Council Members for the fiscal year beginning July 1, 1997; and providing for an effective date. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Parrott, Swain, Trout and Mayor Bowers.. 5. NAYS: Council Member Harris and Vice-Mayor Wyatt BUDGET-DIRECTOR OF FINANCE-CITY CLERK-CITY ATTORNEY- CITY MANAGER-REAL ESTATE VALUATION-MUNICIPAL AUDITOR: Mr. White moved that the following 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, 1997, be placed upon its first reading: 510 ACTION: (#33399) 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, 1997; and providing for an emergency and an effective date. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Parrott, Trout and Mayor Bowers NAYS: Council Members Harris, Swain and Vice-Mayor Wyatt-3. BUDGET-PENSIONS: Mr. Trout 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: (#33400-051297) 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. 59, page 516.) Mr. Trout moved the adoption of Ordinance No. 33400-051297. The motion wes seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Mayor Bowers -6. NAYS: Vice-Mayor Wyatt BUDGET-CITY EMPLOYEES-PENSIONS: Mr. Trout offered the following resolution relating to payment of a matching contribution of five dollars to the International City Management Association Retirement Corporation Deferred Compensation Plan on behalf of any nontemporary classified employee of the City who makes a contribution of five or more dollars on his or her own behalf to such Plan: 511 i (#33401-051297) A RESOLUTION relating to pa.yment of a matching contribution of five dollars to the International City Management Association Retirement Corporation Deferred Compensation Plan on behalf of any nontemporary classified employee of the City who makes a contribution of five or more dollars on his or her own behalf to auch Plan. (For full text of Resolution, see Resolution Book No. 59, page 518.) ACTION: Mr. Trout moved the adoption of Resolution No. 33401-051297. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Trout and Mayor Bowers .~ 6. NAYS: Council Member Swain BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORITY- PLANNING-GRANTS-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that Council was briefed on recommended Community Development Block Grant (CDBG) and HOME programs, including $2,721,000.00 in new funds from the U. S. Department of-Housing and Urban Development (HUD) on April 21, 1997; a draft of the Annual Update has been prepared and made available for public review and comments for a period of 30 days, April 9, 1997 to May 8, 1997; citizen input wsa received and considered on January 14, 1997, March 27, 1997, and April 21, 1997; the current HUD entitlement fiscal year ends June 30, 1997; and the Annual Update must be received by HUD on May 17, 1997, in order for the City's fiscal year to begin on July 1, 1997. 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 carry out the fiscal year 1997-98 program, will be presented to Council for approval. (For full text, see report on file in the City Clerk's Office.) 512 Mr. Trout offered the following resolution: (ft33402-051297) A RESOLUTION authorizing the City Manager to submit an approved Annual Update to the HUD Consolidated Plan for FY t997-98 to the United States Depa,[,,ent 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. 59, page 5t9.) ACTION: Mr. Trout moved the adoption of Resolution No. 33402-051297. 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 There being no further business, the Mayor declared the special meeting adjourned at 7:30 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 513 I! REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL May 19, 1997 12:00 noon The Council of the City of Roanoke met in regular session in the Roanoke Civic Center Exhibit Hall, 710 Williameon Road, N. E., City of Roanoke, on Monday, May 19, 1997, at 12:00 noon, with Mayor David A. Bowers presiding, pursuant to Resolution No. 333774)50597, adopted May 5, 1997. PRESENT: Council Members C. Nelson Harris, Carroll E. Swain, James O. Trout, William White, Sr. (arrived at 12:05 p.m.), Linda F. Wyatt and Mayor David A. Bower~ "' 6. ABSENT: Council Member John H. Parrott 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 Sandrs H. Eakin, Deputy City Clerk. The invocation was delivered by Todd St. Clair, Member, Youth Services Citizen Board. CITY GOVERNMENT-YOUTH-SCHOOLS: The Mayor advised that Council was pleased to share lunch and to participate in 1997 Student Government Day activities which were coordinated by the City's Office on Youth and the Youth Services Citizen Board, with attendance by students from William Fleming High School, Patrick Henry High School, and the Noel C. Taylor Learning Academy. The Mayor recognized Mr. Thomas H. Miller, Chairperson of the Youth Services Citizen Board, and The Honorable Phillip Trompeter, Judge, Juvenile & Domestic Relations District Court, guest speaker for the program. At 12:07 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, May 19, 1997, 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 C. Nelson Harris, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers. 6. ABSENT: Council Member John H, Parrott-- 1. 514 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. Eskin, Deputy City Clerk. The reconvened meeting was opened with a prayer by The Reverend Samuel D. Belisle, Pastor, Penn Forest Church of God. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT-CITY GOVERNMENT-YOUTH- SCHOOL'S: 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 1997 Student Government Day activities, and presented each participant with an Office on Youth T-shirt as a memento of the occasion. The Mayor advised that all matters listed under the Co.n. sent Agenda were considered to be routine by the Members of Counc,I 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 the disposition of publicly held property, specifically the conditions relatin(; to the proposed d,spos~tion, 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 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)(I), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) 515 I! ACTION: 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. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ---6. NAYS: None 0. (Council Member Parrott was absent.) COMMITTEES-HENRY STREET REVIVAL COMMITTEE: A report of the City Manager advising that public interest in the future development of Henry Street continues and seems to be increasing; one or more groups in the community ars working to put together proposals for specific development; and the City Manager recommended that Council allow the City Administration to continue working with the groups in an effort to help solidify a process that could lead to concrete proposals for development, was before Council. It was explained that the Roanoke Redevelopment and Housing Authority, as the major landowner in the Henry Street area, will have a new Executive Director, John P. Baker, on May 21, 1997; and Mr. Baker will need time to become familiar with the history of the Henry Street area and to develop a recommendation on how the matter should proceed. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the recommendation. The motion was seconded by Mr. Swain and adopted by the following vote: Mayor Bowers ..... NAYS: None (Council Member Parrott was absent.) AYES: Council Members Wyatt, Harris, Swain, Trout, White and 6. 516 ACTION: ACTION: COMMUNITY PLANNING-GREENWAY SYSTEM~:)ATHS OF OFFICE-COMMITTEES: The following reporte of qualificstion were before Council: Richard A. Rife as a member of the City Planning Commission for a term ending December 31, 2000; and Lucy R. Ellett as a member of the Roanoke Valley Greenways Commission for a term ending June 30, 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 motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowe~ -----6. NAYS: None (Council Member Parrott was abeenL) COUNCIL-CITY PROPERTY: 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 the conditions relating to the proposed disposition, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White 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 the conditions relating to the proposed disposition, pursuant to Section 2.1-344 (A)(3), Code of Virginia (t950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: 517 AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ......... 6. NAYS: None (Council Member Parrott was absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: NEIGHBORHOOD ORGANIZATIONS-LANDMARKS/HISTORIC PRESERVATION: Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared before Council and presented a brochure on the Historic Gainsboro area, advising that several years ago Council approved a Community Development Block Grant which was used to fund the development of the brochure. It was explained that the brochure explains the history and background of the Gainsboro area; that a two block residential section of Gainsboro has been designated as an historic district to protect the community's character; and other sections are being considered for similar designation. Ms. Bethel expressed appreciation to the Mayor and Members of Council and members of the City staff who assisted in the development of the brochure. ACTION: Without objection by Council, the Mayor advised that the remarks of Ms. Bethel would be received and filed. COMMITTEES-ECONOMIC DEVELOPMENT: J. Granger Macfarlane, Chairperson, Economic Development Commission, appeared before Council and presented an outline and slide presentation with regard to economic development activities in the City. Mr. Macfarlane explained that the following events will have a great impact on economic development in the City: (1) Advance Auto Stores will not be sold and will remain in Roanoke; (2) Maple Leaf Bakery, Inc., will be constructing a new bakery facility in the Roanoke Centre for Industry and Technology; (3) automobile and truck parts manufacturing facilities will be built in the area; (4) the Roanoke and Botetourt Communications fiber optics network is an important factor in economic development; and (5) the magnetic draw of the Smart Road between the Roanoke Valley and Montgomery County will have a positive effect. He stated that three major items the City needs to do to enhance economic development are: (1) attract smaller commuter jets to the area; (2) bring the Roanoke River Flood Reduction Project to a 518 closure by urging Congress to assist in having the Hver dredged, as well as other stop~ that need to be taken in this regard; and (3) enlarge the Roanoke Centre for Industry and Technology by providing for increases in future budget years to purchase additional land in the area of the Centre. ACTION: Without objection by Council, the Mayor advised that the remarks of Mr. Macfarlane would be received and filed. At 3:05 p.m., the Mayor declared the meeting in recess. At 3:12 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Parrott. PETITIONS AND COMMUNICATIONS: GRANTS-SCHOOLS: A communication from the Roanoke City School Board advising that as a result of official School Board action at its May 13 meeting, the School Board was requesting the close-out of 36 school grants which have been completed, with outlays for the grants totalling $10,044,058.86, was before Council. A report of the Director of Finance recommending that Council concur in the request of the School Board was before the body. (For full text, see communication and report on file in the City Clerk's Office.) ACTION: Mr. Trout moved that Council concur in the request of the School Board. The motion was seconded by Mr. Swain and adopted. BUDGET-BONDS/BOND ISSUES-GRANTS-CMERP-SCHOOLS- EQUIPMENT: A communication from the Roanoke City School Board advising that as a result of official Board action at its May 13 meeting, the School Board was requesting the following appropriations, was before Council. $5.0 million for the Woodrow Wilson Middle School renovation project, which appropriation will provide Literary Loan funds for the project. Previous funding requests totalling $421,963.00 from the t996 Capital Bond Issue and from earnings on bond investments were made 519 to provide for design and engineering costs. The request will require a VPSA bond issue to fund the balance of the renovation cost for the schools, which bonds will be issued in the late fall of 1997 with the debt service to be shared with the City. Grant No. 6959 - State bond funds in the amount of $750,000.00 have been issued by the Virginia Depa[b,ent of Education for the Schools to purchase school instructional technology equipment, with t00 per cent of the program outlays to be reimbursed by State bond funds. Grant No. 6452 - $72,000.00 for the Summer Youth Employment Program to provide training and hands-on experience for disadvantaged or handicapped youth from the inner-city with the goal of enhancing employment potential, developing employment competencios, and earning academic credit toward the high school diploma, with the Program to be 100 per cent reimbursed by Federal funds. Grant No. 6931 - $13,250.00 for the Project Success Program to utilize contributions to establish a joint venture between Roanoke City Schools, area colleges, and area businesses. The Program is designed to encourage college preparation of eighth grade students who show academic promise but would be unlikely to consider advanced studies without intervention. Additional contributions have been received from the private sector to support the initiative. $175,000.00 of Federal food service and cafeteria revenues to the Schools' General Fund is requested to recognize the higher participation in the student lunch program and the resulting higher level of expenses required for food purchase. In addition, a transfer of $25,000.00 from the School Board Contingency account is requested to provide supplementary funds for food purchases. 520 ACTION: $t45,820.00 from the 1996-97 Capital Maintenance and Equipment Replacement Fund will be used for. roof replacement at Roanoke Academy for Math and Scmnce. In addition, a transfer of $102,888.00 from the utility account to the roof replacement account is requested. The decrease in utility requirements is the result of savings from a milder winter and a cooler summer. $323,396.00 as the result of the settlement amount of the School Board's claim against Trigon Blue Cross for the policy years t988-1994, which funds have been received and will be used to purchase newly adopted textbooks to implement new State Standards of Learning. In addition, a transfer of $82,315.00 from the utility account to the textbook account is requested. The decrease in utility requirements is the result of a ten per cent reduction in American Electric Power rates retroactive to July 1, 1996. A report of the Director of Finance recommending that Council concur in the request of the School Board, was before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33403-051997) AN ORDINANCE to amend and reordain certain sections of the 1996-97 School, General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 522.) Mr. Trout moved the adoption of Ordinance No. 33403-051997. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ~. NAYS: None 0. (Council Member Parrott was absent.) 521 ACTION: REPORTS OF OFFICERS: ClTY MANAGER: BRIEFINGS: BUDGET-PARKS AND RECREATION-COUNCIL-YOUTH- SCHOOLS: John W. Coates, Manager, Parka and Recreation/Grounds Maintenance, pre~ented a briefing with regard to park conditions in the City of Roanoke, advising that each year the City maintains 68 parks and 750 mile~ of public righte-of-way, sweeps 960 lane miles of streets, cleans and reclaims 35 miles of alleys, clears 250 lots to enforce the City weed ordinance, collects and disposes of 2,500 tons of leaves, provides snow removal for the southern half of the City, provides support for over 50 City and community events, maintains over 2,000 interior plants within 13 City buildings, maintains over 20,000 trees and plante and maintains 85 flower beds and 300 hanging baskets. He presented information with regard to budget expenditures, operating costs and maintenance dollars by goal for the Parks and Grounds Division, and provided information relating to current park improvement projects, recent park improvement projects, and Washington Park improvements. (For full text, see report on file in the City Clerk's Office.) The City Manager advised that the City needs to target money in the Capital Maintenance and Equipment Replacement Program for park improvements, and acknowledged that there is still work to be done in the City's parks. Mr. White expressed appreciation to the staff for the information presented, and stated that the information shows there are positive things going on in the City's parks. He encouraged the City's management staff to keep the positive look in front of the citizens, and urged that all parks be treated with attention on an equitable basis. Without objection by Council, the Mayor advised that the briefing would be received and filed. 522 BUDGET-PARKS AND RECREATION-COUNCIL: Council Member Trout requested information with regard to the amount of funds spent on the City's parks compared with other cities in Virginia; whereupon, the City Manager advised that a report would be presented to Council at a future date. PARKS AND RECREATION-COUNCIL-YOUTH-SCHOOLS: Vice- Mayor Wyatt pointed out that many parka are built around school buildings, and suggested that the City become more proactive about offering after-school recreation programs for children. ACTION: Without objection by Council, the Mayor advised that the remarks would be referred to the City Manager. PARKS AND RECREATION-COUNCIL: Council Member Swain requested a report with regard to the scope of the City's tennis programs; whereupon, the City Manager advised that a report would be presented to Council at a future date. PARKS AND RECREATION-COUNCIL: Council Member Harris requested information with regard to the amount of funds spent annually on repairing vandalism in City parks; whereupon, the City Manager advised that a report would be presented to Council at a future date. ITEMS RECOMMENDED FOR ACTION: BUDGET-BUILDINGS/BUILDING DEPARTMENT: The City Manager submitted a written report advising that dilapidated buildings determined to be public nuisances and hazards under the Virginia Building Maintenance Code are ordered by the Building Commissioner to be demolished by the owners; the City pays for demolition if property owners cannot be compelled to comply with the orders for various reasons, including cases where the owners cannot be identified or located to be prosecuted in court or are indigent; owners of record are billed, and a lien is recorded against the property for costs of the demolition; 14 buildings have bccn razed by the City thus far this fiscal year, at a cost of $96,931.00 in Community Development Block Grant funds and $36,140.00 in General Funds, an average of approximately $9,500.00 each; and less than $7,000.00 remains for the balance of the fiscal year, which will be used for boarding up vacant buildings, titJe searches, asbestos reports, and other costs related to demolitions. 523 I! ACTION: It was further advised that 32 additional buildings have been condemned by the Building Department for demolition, whose owners cannot be compelled immediately to remove the buildings because they cannot be identified or located, are indigent, cannot be served with court papers, or various other reasons; 11 of the 32 buildings are considered to be the most critical by the Building Commissioner due to their hazardous conditions and are ready to be bid out; several buildings have bc.-.'t ordered demolished by the court, with the cost of demolition expected to total approximately $97,000.00, and are ready to be put out to bid to contractors; and another five buildings are also considered critical, but are not ready to bid out due to the need for asbestos inspections, tiffs searches, etc. The City Manager recommended that Council authorize the transfer of $97,000.00 from City Jail Recovered Cost, Account No. 001~ 024-3310-8005, to Demolition, Account No. 001-052-3410-7500; and further recommended that he be authorized to execute individual contracts for the demolition of specific buildings declared by the Building Commissioner to be public nuisances and unsafe in accordance with the Virginia Building Maintenance Code. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33404-051997) 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 525.) Mr. Trout moved the adoption of Ordinance No. 334044)51997. The motion was seconded by Mr. White and adopted by the following vote: Mayor Bowers NAYS: None. (Council Member Parrott was absent.) AYES: Council Members Wyatt, Harris, Swain, Trout, White and 6. 524 ACTION: PARKS AND RECREATION-SPECIAL PERMITS-SPECIAL EVENTS-ARTS MUSEUM OF WESTERN VA.: The City Manager submitted a written report advising that the Art Museum of Western Virginia conducts an annual outdoor art show in the City; City support is required since the Art Museum's show is conducted on the streets and sidewalks in the City Market area; a one-year contract was negotiated in 1996 that covered obligations by both the Art Museum and the City, which contract has expired; the t997 Sidewalk Art Show is scheduled to begin on Saturday, May 31, 1997, and will conclude Sunday, June 1, 1997; the proposed contract retains the City support to provide various transportation, setup and takedown functions, while being reimbursed for the direct costs of the functions; and the existence of a contract with the City will permit the Art Museum to be exempt from license tax for the Art Show activities, pursuant to Article Ill, Chapter 19, Code of the City of Roanoke (1979), as amended. The City Manager recommended that he be authorized to execute a contract for the 1997 Sidewalk Art Show with the Art Museum of Western Virginia, said contract to be in a form approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33405-051997) A RESOLUTION authorizing the execution of an agreement with the Art Museum of Western Virginia for the annual sidewalk art show. (For full text of Resolution, see Resolution Book No. 59, page 525.) Mr. Trout moved the adoption of Resolution No. 33405-051997. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers 6. NAYS: None O. (Council Member Parrott was absent.) 525 FESTIVAL IN THE PARK: The City Manager submitted a written report with regard to an amendment to the Roanoke Festival in the Park, Inc., three-yeer contrect; whereupon, the Mayor advised that the City Manager requested that the report be withdrawn. BUDGET-CAPITAL IMPROVEMENTS PROGRAM-WATER RESOURCES-EQUIPMENT: The City Manager eubmitted a written report advising that demand for new services, hydrente and water lines created by significantly greater commercial construction has exceeded budget expenditure estimates; revenue received for new services has to date exceeded the budget estimate by $46,000.00; Carvins Cove upgraded chemical equipment (pumps, valves and lines) and electronic equipment for Supervisory Control and Data Acquisition System (S.C.A.D.A.) has required a higher level of maintenance upon startup than anticipated; and electrical storms have also significantly impacted the S.C.A.D.A. System and has required costly corrections. It was further advised that March 31, 1997 Water Fund account, New Services, Hydrants and Water Lines shows an annual expenditure rate of $362,565.00 is necessary to meet operating needs against an initial annual appropriation of $267,565.00, a difference of $95,000.00; Unidentified Plant Replacement shows an annual expenditure rate of $343,328.00 is necessary to meet operating needs against an initial appropriation of $318,328.00, a difference of $25,000.00; and funds need to be appropriated in the fiscal year 1997 budget from Retained Earnings to cover over-expenditures needed through June 30, 1997, based on best available estimate of the spending rate during that period. The City Manager recommended that Council authorize the appropriation of $120,000.00 from Water Fund Previous Years Retained Earnings, $95,000.00 to Water Fund, Account No. 002-056-2178-9025, New Services, Hydrants and Lines, and $25,000.00 to Water Fund, Account No. 002-056-2178-9026, Unidentified Plant Replacement. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: 526 ACTION: (~V33406-051997) 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 526.) Mr. Trout moved the adoption of Ordinance No. 334064)51997. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers-- 5. NAYS: None (Council Member Parrott was absent.) BUDGET-POLICE DEPARTMENT-GRANTS: The City Manager submitted a written report advising that the U. S. Depe, b,,ent of Justice Local Law Enforcement Block Grant Program was announced in 1996 to support crime prevention programs involving cooperation between community residen~ and law enforcement; the Virginia Crime Prevention Association evaluated the Roanoke City Police Crime Prevention Unit in t996 to identify areas for improvement, which study recommended that Crime Prevention be organizationally moved from the Youth Bureau to the Planning Unit to improve service delivery and citizen access to crime prevention expertise; the recommended organizational change was made in late 1996; the study also recommended that application be made for a crime prevention grant; on October 7, 1996, pursuant to Resolution No. 33143-100796, Council authorized the City Manager to execute appropriate documents for applications to the Local Block Grant Program for funds in the amount of $120,000.00, with the City providing a local match of $13,366.00; Federal funds from the grant in the amount of $120,294.00 were received by the City Treasurer and have been deposited in Revenue Account No. 0354)35-1234-7232; and on February 4, 1997, the Depa[b.ent of Justice authorized the City of Roanoke to use the funds after review of reports concerning the special conditions of the grant. It was further advised that funds available for appropriation total $135,766.00 and should be appropriated; the $135,766.00 includes the grant amount of $120,254.00, the local match of $13,366.00, and accrued interest of $2,106.00; local match funds are available in the 527 Police Department's Federal Asset Forfeiture Account; a grant advisory board of citizens and public officials was developed, including public solicitef~on for participation; although the grant requirements specified representation from a number of public offices, local non-profit and community group representation on the board was expanded beyond those requirements; the grant advisory board, through a public process, developed recommendations for the use of the crime prevent]on funds; and crime prevent]on programs and enhanced ability to deal with juvenile offenders lead the list of recommended uses for the funds, which list is attached to the City Manager's reporL The City Manager recommended that Council accept funds from the Local Law Enforcement Block Grant and concur in the following actions: Appropriate $135,766.00 to the following Grant Fund accounts: Expendable Equipment 035-050-3308-2035 $ 75,000.00 Training and I Development Capital Outlay/ Other Equip. 035-050-3308-2044 $ 35,766.00 035-050-3308-9015 $ 25,000.00 Increase the following Grant Fund estimates: Federal Grant Receipts Local Match Interest Revenue 035-035-t234-7232 $120,294.00 035-035-t234-7245 $ 13,366.00 035-035-t 234-7238 $ 2.106.00 Total $135.766.0Q Transfer $13,366.00 from the Federal Asset Forfeiture, Account No. 035-050-3304-2150 to Local Law Enforcement Block Grant, Account No. 001-004-9310-9535 as a local match. Authorize unexpended grant funds to continue to draw interest in accordance with grant requirements. (For full text, see report on file in the City Clerk's Office.) 528 ACTION: Mr. Trout offered the following emergency budget ordinance: (f/33407-051997) 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 527.) Mr. Trout moved the adoption of Ordinance No. 33407-051997. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers S. NAYS: None 0. (Council Member Parrott was absent.) REPORTS OF COMMITTEES: SEWERS AND STORM DRAINS: Council Member John H. Parrott, Chairperson,.Bid Committee, presented a written report on _b~..half of the I Committee, in connection with bids received by the City for the -- Roanoke River Interceptor Sewer Replacement, Contracts A and B, and recommended that Council approve the following actions: Authorize the City Manager to reject all bids, inasmuch as the cost of the project exceeds available funding. Instruct Black & Veal=h, the City's engineering consultant, to revise the contract plans and specifications and readvertise the project as soon as possible. The project will be re-engineered to reduce project scope and cost wherever feasible. 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. Trout offered the following resolution: 529 I! ACTION: (#33408-051997) A RESOLUTION rejecting all bids for the Roanoke River Interceptor Sewer Replacement Contracts A and/or B to replace part of the existing interceptor sewer from the Water Pollution Control Plant to the Salem City limits. (For full text of Resolution, see Resolution Book No. 59, page 528.) Mr. Trout moved the adoption of Resolution No. 33408-051997. The motion was seconded by Mr. White end adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bower, IL NAYS: None 0. (Council Member Parrott was absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CITY CODE-TAXES-TELEPHONE EQUIPMENT: Ordinance No. 33379 amending the Code of the City of Roanoke (1979), as amended, by enacting new §32-170.1,. Aoolicabilitv to m~bile local telecommunication service, estabhshing a new tax on purchasers and consumers of mobile local telecommunication service and providing for the tax rate and duties and procedures in the administration of such tax, and providing for an effective date, having previously been before the Council for its first reading on Monday, May t2, 1997, 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: (#33379-051997) AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new §32-170.1, Aoolicabilitv to mobile local telecommunication service, establishing 530 ACTION: ACTION: a new tax. on purchasers and..c, onsumers of mobile local telecommumcation service and prowd~ng for the tax rate and duties and procedures in the administration of such tax, and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 59, page 520.) Mr. White moved the adoption of Ordinance No. 33379-051997. The motion was seconded by Mr. Swain. Mr. Trout stated that he believes there is a misconception about the cellular telephone tax in that some people think a cellular phone is an instrument for more effluent people who have the resources to own one; but for some people, it is an emergency instrument to own in case of the need to dial E-911; and for that reason it disturbs him to vote for the cellular telephone tax. Ordinance No. 33379-051997 was adopted by the following vote: AYES: Council Members Harris, Swain, White and Mayor Bowers NAYS: Council Member Trout and Vice-Mayor Wyatt .... 2. (Council Member Parrott was absent.) BUDGET-COUNCIL: Ordinance No. 33397 establishing the annual salary of the Mayor for the fiscal year beginning July 1, 1997, having previously been before the Council for its first reading on Monday, May 12, 1997, read and adopted on its first reading and laid over, was again before the body. Mr. Trout moved that action on the ordinance be deferred until the next regular meeting of Council on Monday, June 2, 1997, at 2:00 p.m. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, Trout, White and Mayor Bowers 4. NAYS: Council Member Harris and Vice-Mayor Wyatt ...... 2. (Council Member Parrott was absent.) 531 BUDGET-COUNCIL: Ordinance No. 33398 establishing the annual salaries of the Vice-Mayor and Council Members for the fiscal year beginning July 1, 1997, having previously been before the Council for its first reading on Monday, May 12, 1997, read and adopted on its first reading and laid over, was again before the body. Mr. Trout moved that action on the ordinance be deferred until the next regular meeting of Council on Monday, June 2, 1997, at 2:00 p.m. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, Trout, White and Mayor Bowers 4~ NAYS: Council Member Harris and Vice-Mayor Wyatt (Council Member Parrott was abeenL) BUDGET-DIRECTOR OF FINANCE-CITY CLERK-CITY ATTORNEY- CITY MANAGER-REAL ESTATE VALUATION-MUNICIPAL AUDITOR: Ordinance No. 33399 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, 1997, having previously been before the Council for its first reading on Monday, May 12, 1997, read and adopted on its first reading and laid over, was again before the body. Mr. Trout moved that action on the ordinance be deferred until the next regular meeting of Council on Monday, June 2, 1997, at 2:00 p.m. The motion was seconded by Mr. White and adopted by the following vote: AYES: Bowers Council Members Swain, Trout, White and Mayor 4. NAYS: Council Member Harris and Vice-Mayor Wyatt -2. (Council Member Parrott was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: 532 COUNCIL-YOUTH-CABLE TELEVISION-SCHOOLS: Vice-Mayor Wyatt advised she had requested the school Superintendent to have the play entitled, "Things Look Different Now," which was performed by the CITY School students during Council's 12:00 noon session, video taped and televised on RVTV Channel 3. COUNCIL-CONSULTANTS REPORTS: Vice-Mayor Wyatt requested that the City Manager report to Council with regard to the number and identity of consultants hired by the City in the last year, the scope of services to be provided, and the amount paid to each consultant; whereupon, without objection by Council, the Mayor advised that the matter would be referred to the City Manager. AIRPORT-COUNCIL: Council Member Harris requested that Council be provided with a report from the Executive Director of the Roanoke Regional Airport Commission concerning airport travel statistics; whereupon, without objection by Council, the Mayor advised that the matter would be referred to the City Manager and the Executive Director of the Roanoke Regional Airport. COUNCIL-NEIGHBORHOOD ORGANIZATIONS-WRABA: Council Member Harris requested an update on what assistance the City is providing in connection with the Williamson Road Business Corridor Plan and the future of the project; whereupon, without objection by Council, the Mayor advised that the matter would be referred to the City Manager. BUDGET-TAXES-COUNCIL-COMMUNICATIONS DEPARTMENT- EMERGENCY MEDICAL SERVICES: Council Member Swain stated he has received many telephone calls concerning the pay increase issue for the Mayor and Members of Council, and during the course of these conversations, he received comments concerning a possible tax on antique care, a limitation on the number of vehicles allowed to be kept at City residences, and the need for an additional E-911 telephone number. He requested a report on the feasibility of imposing a City tax on antique cars, the status of placing a limitation on the number of vehicles allowed to be kept at City residences, and the status of an additional E-911 telephone number for emergency calls; whereupon, without objection by Council, the Mayor advised that the matter would be referred to the City Manager. 533 STATE HIGHWAYS-ECONOMIC DEVELOPMENT: Mayor Bowers inquired as to the statue of mowing operations on 1-581; whereupon, the City Manager stated that he had been advised by the Virginia Department of Transportation that the areas would be mowed prior to the Memorial Day holiday. The Mayor inquired as to the status of the closing of the Galaxy Grocery store located on Ninth Street, S. E.; whereupon, E. Douglas Chittum, Economic Development Administrator, advised that the City's Economic Development office has been in contact with the owner of the Galaxy Grocery store and the potential exists that the store will close; that alternatives for residents in the area include shopping at the Kroger and Winn Dixie stores in Vinton, as wall as the Super Save Grocery in the Garden City area; that Valley Metro bus transportation is available for residents of southeast to reach these establishments; and the City's Economic Development office has been in contact with the Presbyterian Center in southeast to discuss ways to assist residents in the area. HEARING OF CITIZENS UPON PUBLIC MATTERS: BUDGET-COUNCIL-COMPLAINTS: Mr. Tom W. Goodwin, 856 Marshall Avenue, S. W., addressed Council with regard to proposed salary increases for the Mayor, Vice-Mayor, Council and Council Appointed Officers, advising that he believes the salaries are too high and suggested that City Council learn to be more frugal; that elected officials should be more sensitive to the poor and underprivileged; and it is politically advantageous for Council to vote against raises for themselves. ACTION: Without objection by Council, the Mayor advised that the remarks of Mr. Goodwin would be received and filed. At 4:43 p.m., the Mayor left the meeting and relinquished the Chair to Vice-Mayor Wyatt. INTERNET: Mr. Chris G. Muse, 617 6th Street, S. W., addressed Council with regard to the Roanoke Valley Website, advising that he has turned over the Roanoke Valley Website to The New Century Council, a non-profit organization, and encouraged Council's funding of The New Century Council in order to keep the Website on-line. 534 ACTION: ACTION: Without objection by Council, the Vice-Mayor advised that the remarks of Mr. Muse would be received and filed. COMPLAINTS-HOTEL ROANOKE CONFERENCE CENTER: Ms. Linda C. Willis, 3440 Bennett Drive, N. W., Apa,'b~ent 9, addressed Council with regard to injuries she received in an elevator while employed by The Hotel Roanoke and Conference Center, advising that The Hotel Roanoke dismissed her Workers' Compensation claim, and requested assistance from the City. Mr. White advised that he tried to assist Ms. Willis by putting her in contact with the Social Services Depa,~ment through the City Manager's Office. Vics-Mayor Wyatt advised that Council is limited in its ability to assist Ms. Willis inasmuch as Council is a governmental body and it does not own The Hotel Roanoke. The City Manager advised that the matter is a Workers' Compensation case, not a City case, and the City can work with Ms. Willis to help her receive assistance through City agencies; however, Council has no jurisdiction with regard to Workers' Compensation claims. The Reverend Charles T. Green, 1731 Hanover Avenue, N. W., advised that the NAACP is trying to assist Ms. Willis with her claim, and will continue its efforts to assist Ms. Willis. Without objection by Council, the Vice-Mayor advised that the remarks of Ms. Willis would be received and filed. COMPLAINTS-COUNCIL: Ms. Helen B. Davis, 45 Patton Avenue, N. E., addressed Council and inquired as to its policy concerning postponement of an agenda item. The City Attorney advised that as a matter of policy, items are generally carried over at the request of a Member of Council as a courtesy to that Council Member; and as a matter of law, an issue only requires four votes to be carried over. Mr. White stated that Council's policy has been consistent in that in most cases at the request of a Council Member, a matter will be set over as a courtesy to that Council Member. 535 ACTION: ACTION: Mr. Trout reiterated Mr. White's remarks advising that it is a policy by which Council respects and shows courtesy to one another. Without objection by Council, the Vice-Mayor advised that the remarks of Ms. Davis would be received and filed. At 5:07 p.m., the Vice-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 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: (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. Trout and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ........ --6. NAYS: None (Council Member Parrott was abeenL) BUDGET-INDUSTRIES-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that Maple Leaf Foods, Inc., is Canada's largest food processing company with sales of more than $3.0 billion and 11,000 employees; Maple Leaf Bakery, Inc., is a subsidiary of Maple Leaf Foods, Inc.; The Advance Group, Inc., a real estate consulting and development corporation organized and existing under the laws of the State of New Jersey, is representing Maple Leaf on the Roanoke project; on Monday, April 7, 1997, Council authorized the execution of a Performance Agreement for the conveyance of approximately 23.11 acres of land known as Site A1 (formerly known as Site "G") at the Roanoke Centre for Industry and Technology (RCIT) to the City of Roanoke Industrial Development Authority to sell to The Advance Group or its assigns for the purpose of constructing a new bakery facility for Maple Leaf Foods; and the Deed of Restrictions at Ir'5 .. 36 RCIT have bccn established to place restrictive covenants on all developments within RCIT to ensure the ordeHy development of the Centre, said deed is recorded in Roanoke City Dccd Book 1656 at Page 869 ("The Deed of Restrictions" or "Restrictive Covenants"). It was further advised that boundary adjustments to Site A1 due to storm water issues have resulted in a net acreage of approximately 2t.392 acres to be transferred, or a reduction of 1.718 acres at $15,000.00 per acre ($25,770.00); certain minor adjustments in acreage may be required before closing; therefore, an amendment to the Performance Agreement and Agreement for Purchase and Sale should be made to reflect the reduced acreage figure; The Advance Group has requested that the City grant its written consent, pursuant to Paragraph 12 of the Restrictive Covenants, to the lease of the subject property from Advance, its successors or assigns, to Maple Leaf Bakery, Inc.; The Advance Group has requested that the City waive, in writing, the restrictions contained in Paragraph 6(h) of the Restrictive Covenants ("loading areas"); the consent of owners or lessees from the City of property for terms of five years or more of more than 50 per cent of the lots or sites within the Roanoke Centre for Industry and Technology which have been sold by the City for development has been given in writing, pursuant to Paragraph 13 of the Restrictive Covenants; The Advance Group has requested that the City waive, in writing, the City's first right and option to purchase, pursuant to Paragraph 9 of the Restrictive Covenants, the property from the Industrial Development Authority at the point in time whereby the IDA will sell the property to Advance, or its assignees, and also its first right and option to purchase if the entity should sell the property to Maple Leaf Bakery, Inc., Maple Leaf USA, Inc., or CIBC, Inc. The City Manager recommended that Council concur in the following actions: Authorize the Mayor or City Manager to execute necessary amendments to the Performance Agreement changing the acreage of Site A1 from approximately 23.1t acres to approximately 21.392 acres and reducing the purchase price in accordance with the reduction in acreage. The purchase price is $15,000.00 per acre. Consent to the lease of the subject property from The Advance Group, its successors or assigns to Maple Leaf Bakery, Inc. 537 Waive the restriction contained Paragraph 6(h) of the Deed of Restriction ("loading areas") to the extent such restriction prohibits loading docks from fronting roads or propoeed roads as it relates to the construction of the Maple Leaf Bakery facility to allow for loading docks to be constructed or located fronting Blue Hille Drive. The consent of owners or lessees from the City of property for t~,,,,a of five years or more of more than 50 per cent of the lots or eitss within the Centre which have been sold by the City for development has been given in writing pursuant to Paragraph 13 of the Restrictive Covenants. Waive the City's first right and option to purchase the property, under Paragraph 9 of the Deed of Restrictions, from the Industrial Development Authority at the point in time whereby the IDA sells the property to Advance, or its assigns, and also its first right and option to purchase from that entity if that entity should sell the property to Maple Leaf Bakery, Inc., Maple Leaf USA, Inc., or CIBC, Inc. ACTION: Authorize the Mayor or the City Manager to execute the abovedeecribed waivers and consent forms and any other amendments or documents necessary to conclude the proposed conveyance to The Advance Group, or its assigns, subject to approval of the amendments or documents by the City Attorney as to form. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33409-051997) 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 529.) Mr. Trout moved the adoption of Ordinance No. 33409-051997. The motion was seconded by Mr. White and adopted by the following vote: 538 ACTION: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ~. NAYS: None (Council Member Parrott was absenL) Mr. Trout offered the following resolution: (#33410-051997) A RESOLUTION authorizing the proper City officials to execute the necessary amendment to a Performance Agreement dated April 7, t997, among the City of Roanoke, the Industrial Development Authority of the City of Roanoke, Virginia ("Authority"), and The Advance Group, Inc., or its assigns ("Advance"), to conclude the proposed conveyance to Advance of certain land designated as New Tract A1 (formerly New Tract G) located in the Roanoke Centre for Industry and Technology ("RCIT"); to provide for certain waivers and consents by the City in connection with certain Restrictive Covenants contained in the Deed of Restriction recorded in Roanoke City Deed Book 1656 at page 869 (the "Deed of Restriction"); and authorizing the proper City officials to execute any other amendments or documents necessary to conclude the proposed conveyance to Advance. (For full text of Resolution, see Resolution Book No. 59, page 530.) Mr. Trout moved the adoption of Resolution No. 33410-051997. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers -6. NAYS: None (Council Member Parrott was absent.) At 5:42 p.m., the Mayor declared the meeting in recess until 7:00 p.m. 539 On Monday, May 19, 1997, 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, Mayor Bowers presiding. PRESENT: Council Members C. Nelson Harris, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers--- $- ABSENT: Council Member John H. Parrott 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 Sandre 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. STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 19, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Sue Dalton and James L. Woltz that a portion of a cul-de-sac located at the end of Woods End Lane, S. W., (formerly Forest Road), at 85t and 855 Woods End Lane, be vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The ~ on Thursday, May 1, 1997, and Thursday, May 8, 1997, and in the ~ on Thursday, May 1, 1997. (See publisher's affidavits on file in the City Clerk's Office.) 540 A report of the City Planning Commission advising that the portion of public right-of-way as requested for closure and vacation is located at the end of Woods End Lane, S. W., which is a narrow and winding residential street that intersects and extends from Wildwood Road, S. W., and terminates in a paved but small cul-de-sac; areas of the street right-of-way are outside the street pavement (cul-de-sac) area, which areas consist ora steep upward slope on the southerly side of the cul-de-sac, was before Council. It was further advised that the application was reviewed by the Planning Commission at its regular meeting of April 2, 1997; the applicants own all of the properties abutting the street right-of-way which is situated on steep, unusable slopes that cannot in any way serve the essential purposes of public access; and closure and vacation of the abovedeecribed sections of Woods End Lane, S. W., will not restrict public access or reduce the existing pavement area within the cul-de-sac that is currently available for vehicular access and turnaround movements. The Planning Commission recommended approval of the request to close and vacate the abovedescribed sections of Woods End Lane, S. W., subject to the following conditions: The applicant shall submit to the City, receive approval thereof, and record in the Office of the Clerk of Circuit Court, a subdivision plat providing for the following: Combining all properties which 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 the law. 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 with the right-of-way. 541 If the above-cited conditions have not been met within a period of t2 months from the date of adoption of an ordinance providing for the closure, said ordinance shall become null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) James L. Woltz appeared before Council in support of his request. ACTION: Mr. White moved that the following ordinance be placed upon its first reading: (~tt33411) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more psrticulaHy described hereinafter. (For full text of Ordinance, see Ordinance Book No. 59, page 532.) The motion was seconded by Mr. Swain. The if there who would like Mayor i.n. quired were p~rsons present to address Counc,I with regard to the request for closure. There being none, Ordinance No. 33411 was adopted on its first reading by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowem - $. NAYS: None 0. (Council Member Parrott was absent.) STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 19, t997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Andrew W. Hull that an alley located at the rear of 1506 Franklin Road, S. W., and parallel to the rear of 312 Woods Avenue, described as Official Tax Nos. 1031204 and 1031203, respectively, be vacated, discontinued and closed, the matter was before the body. 542 Legal adve~eement of the public hearing was published in The ~ on Thursday, May t, t997, and Thursday, May 8, t997, and in the Bg~39J~..~}~ on Thursday, May 1, 1997. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the alley as requested for closure, located at the rear of 1506 Franklin Road, S. W., is an undeveloped (paper) alley right-of-way, 10.0 feet wide and 49.73 feet in length; and properties abutting the subject section of alley and the owners of said properties are the applicant, Andrew W. Hull, Official Tax Nos. 1031202 and 1031204, and Nellie D. Leonard, Official Tax No. 1031203, was before Council. It was further advised that the application for closure was reviewed by the Planning Commission at its regular meeting of April 2, 1997; the alley section has remained undeveloped for many years, and the City has no current or future plans to open or utilize the alley for any purpose; and the applicant desires to use the land within the alley right-of-way as an adjunct to his yard and property. The Planning Commission recommended approval of the request to vacate, discontinue and close the abovedsscribed alley, subject to the following conditions: The applicant shall submit to the City, receive approval thereof, and record in the Office of the Clerk of Circuit Court, a subdivision plat providing for the following: Combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land ithin the right-of-way to be vacated in a manner consistent with the law. Retention of appropriate easements, together with the right of public passage over same for surfece and subsurface installation, repair or maintenance of any and all utilities that may be located with the right-of-way. 543 ACTION: If the above-cited conditions have not been met within a period of 12 months from the date of adoption of an ordinance providing for the closure, said ordinance shall become null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) Andrew W. Hull appeared before Council in support of his request Mr. Swain moved that the following ordinance be placed upon its first reading: (#33412) 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 534.) The motion was seconded by Mr. Trout. The Mayor inquired if there were persons present who would like to address Council with regard to the request for closure. There being none, Ordinance No. 33412 was adopted on its first reading by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers - $. NAYS: None 0. (Council Member Parrott 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, May 19, t997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of The Daum Charitable Remainder Unitrust that a tract of land located at 1928 Maiden Lane, S. W., described as a portion of Lots 1 - 3, inclusive, Block 4, Keystone Place, Official Tax No. 1331205, be rezoned from RM-2, Residential Multi-family, Medium Density District, to C-1, Office District, the matter was before the body. 544 ACTION: Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, May 1, 1997, and Thursday, May 8, 1997, and in the ~ on Thursday, May 1, 1997. J! I (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 rezoning is to permit the existing residence to be used for an office commercial use due to various environmental and business conditions affecting the property, was before Council. The Planning Commission recommended approval of the request for rezoning, and advised that inasmuch as the subject property is directly adjacent to and affected by businesses on Grendin Road, the proposed rezoning to C-1, Office District, will enable the property to be used for residential, as well as Iow intensity commercial uses, that can be complimentary to the business district and the neighborhood; and that parking requirements for a commercial user would have to be met on the property. (For full text, see report on file in the City Clerk's Office.) Conrad H. Daum appeared before Council in support of his request. Mr. Trout moved that the following ordinance be placed upon its first reading: (#33413) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 133, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 59, page 536.) 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. There being none, Ordinance No. 33413 was adopted on its first reading by the following vote: 545 AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowere ~. NAYS: None . .0. (Council Member Parrott was absent.) STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May t9, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the Rescue Mission of Roanoke, Inc. that an alley beginning at Dale Avenue, S. E., located at the northeast comer of Official Tax No. 4012628 and the northwest comer of Official Tax No. 4012605, continuing south and ending at the southeast comer of Official Tax No. 4012604 and the southwest comer of Official Tax No. 4012605, be vacated, discontinued and closed, the matter was before the body. The Mayor advised that the request was withdrawn by the petitioner, pursuant to a communication from E. Elizabeth Downs, Attorney. OTHER HEARING OF CITIZENS: None. There being no further business, the Mayor declared the meeting adjourned at 7:10 p.m. APPROVED ATTEST: Sandra H. Eakin Deputy City CLerk David A. Bowers Mayor 546 PERSONNEL COMMITTEE ROANOKE CITY COUNCIL May 31, 1997 t0:00 a.m. A meeting of the Roanoke City Council Personnel Committee, composed of the Members of Roanoke City Council, wes called to order on Saturday, May 31, 1997, at t0:00 a.m., in the City Council's Conference Room, four~;, floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Chairman and Mayor David A. Bowers presiding. PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt (entered the meeting during Execu'dve Session) and Mayor David A. Bowers 7. ABSENT: None OFFICERS PRESENT: Sandre H. Eakin, Deputy City Clerk. The Mayor stated that the meeting was called for a special purpose and that there would be no discussion with regard to the salaries of the Mayor and Members of Roanoke City Council. CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK-MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: Mr. White moved that the City Council Personnel Committee meet in ExecuUve Session to discuss a personnel matter, specifically being the discussion of the performance and evaluation of each of the six Council Appointed Officers and the salaries of each such officer, pursuant to Section 2.1~.~.~,A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White and Mayor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt had not entered the meeting.) At 10:06 a.m., the Mayor declared the meeting in recess. At 11:28 a.m., the meeting reconvened in the City Council's Conference Room, with Mayor Bowers presiding and all Members of the City Counci! Personnel Committee in attendance. 547 CiTY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK-MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: With respect to the Executive Session just concluded, Mr. White moved that each Member of the City Council Personnel Committee certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by the City Council Personnel Committee. The motion 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. The Mayor advised that the Committee met for approximately one and one-half hours and could not come to any agreement. There being no further business, the Mayor declared the City Council Personnel Committee meeting adjourned at 11:30 a.m. APROVED ATTEST: Sandra H. Eakin Deputy City Clerk Mayor 548 REGULAR WEEKLY SESSION---ROANOKE CITY COUNCIL June 2, 1997 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 2, t997, at 12:30 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, ~ of Section 2-15, ~UJ~, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members .C. Nelson Ha.rris, John H. Parrott, Carroll E. Swain, James O. Trout, Wilham White, Sr., L,nda 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; Michael R. Crew, Manager of Accounting Services; and Mary F. Parker, City Clerk. ZONING: The City Manager called upon John R. Marlles, Chief, Community Planning and Development, for a briefing on the inoperative motor vehicle ordinance. Mr. Marlles advised that over a year ago, the Depar{,,ent of Planning and Community Development implemented a new program designed to help rid the City of junk motor vehicles stored or abandoned on private property, which represent a major source of blight in the City's neighborhoods. He stated that prior to adoption of the inoperative motor vehicle ordinance last year, City staff was lucky if 25 vehicles per year were eliminated; however, since the new inoperative vehicle program went into effect 13 months ago, approximately t900 junk motor vehicles have been eliminated from the residential areas of the City. He added that of the 1900 inoperative vehicles which were cited, 123 or 8.0 per cent of the total had to be towed by a private towing company under contract with the City, which means that there was a 92 per cent voluntary compliance rate. He stated that 47 per cent of the vehicles cited and eliminated were located in the northwest section of the City because this is an area which reported the largest number of complaints, and it is an area with high concentration of Iow income individuals who cannot afford to repair their vehicles once they break down; and the remaining vehicles cited by staff were equally distributed between the other quadrants of the City. He called attention 549 to several amendments to the ordinance, such as prohibiting the use of tarps or covera as a means to comply with the ordinance and an increased fine that enforcement staff could levy if the cited vehicle is not removed from the property within the required period of time. He advised that City staff receives approximately 30 calls per week from citizens reporting junk vehicles which are responded to by a full-time inspector and the loan of a part-time secretary from the Commonwealth Attorney's Office; and City staff is in the process of preparing an amendment which will allow trailers that are being used for storage purposes to be exempt from the ordinance under certain circumstances. Without objection by Council, the Mayor advised that the briefing would be received and filed. At 12:50 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, June 2, 1997, 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 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: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn 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 Larry Atkin, Pastor, Edgewood Christian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PROCLAMATIONS-HABITAT FOR HUMANITY: The Mayor presented a proclamation declaring the week of June 2 - 6, 1997, as Habitat for Humanity Week in the City of Roanoke. 55O FLOOD REDUCTION/CONTROL: The Director of Public Safety presented a briefing in regard to the heavy rainfall which experienced in the City on June 1, 1997. He advieed thatApril and ~; rainfall totalled approximately four and one-half inches below average, therefor, the ground was not saturated, which helped during the time of heavy downpours. He stated that on June t, the City received about 5.27 inches of rain over a 24 hour period ending at approximately 3:00 a.m., on the morning of June 2, and the Roanoke River rose to just under eight feet at 3:00 a.m. He advised that during the night, certain intersections in the City had to be closed because of heavy downpours, viz: Shaffers Crossing, Brandon Avenue and Edgewood Street, S. W., Williamson Road and Liberty Road, N. W., and Salem Turnpike at Peters Creek; and water rose out of the banks at Peters Creek in the Meadowbrook Street area. He noted that the Emergency Services Coordinator worked throughout the night in the 9tt Center and in the field to visit those locations that have the greatest tendency to flood, while working with the Police Depa,b,ent and Emergency Services personnel to ensure that the intersections and streets were properly barricaded. Question was raised as to the status of the Roanoke River Flood Reduction project; whereupon, the Director of Utilities and Operations advised that the project is currently undergoing an evaluation by the Corp of Engineers of environmental testing data which was secured over a two to three week period, the target date was to evaluate the information by the end of May, and draft a report relative to addressing, as a part of the Corp project, the disposal or spillage of soil to be excavated during the process of widening the Roanoke River. He explained that it was determined that there is no hazardous contaminated soil, but there is soil that is contaminated to an extent due to the fact that it is in the flood plain. He advised that the major delay in recent years has been the City's desire to undertake the environmental testing to insure that the City does not obtain rights on property that is contaminated with hazardous waste, testing has been completed, and it is now between the Corp of Engineers and the Deparl~ent of Environmental Quality to consummate a plan for disposal of contaminated dirt, following which, the project will be subjected to one more round of cost benefit analysis. The City Manager explained that certain of the Roanoke River Flood Reduction Improvements are already in place; viz: I-flow, and improvements at the Sewage Treatment Plant whereby the entire facility has been floodproofed. He advised that the City has collected all of the ACTION: Without objection by Council, the Mayor advised that the briefing would be received and filed. The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to three requests for Executive Sessions to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms ~nd conditions of an economic development agreement in negotiation; a specific matter of actual litigation requiring provision of legal advice by counsel; and 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 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)(I), 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 the Council, pursuant to Section 2.1-344 (A)(I), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: 552 ACTION: ACTION: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None ECONOMIC DEVELOPMENT-COUNCIL: A report of the City M=n=,ner renuestino that Council convene in Executive Session to ~i;;;~-~ 'l~lflC leg;I matters requiring the provision of legal advice by counsel, being the terms and conditions of an economic development agreement in negotiation, pursuant to Section 2.1-344 (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.} 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 an economic development agreement in negotiation, 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 Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None MENTAL HEALTH SERVICES-BLUE RIDGE COMMUNITY SERVICES-OATHS OF OFFICE.COMMITTEES: A report of qualification of Delores Y. Jones as a member of the Blue Ridge Community Services Board of Directors to fill the unexpired term of Onzlee Ware, resigned, ending December 31, 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. Swain and adopted by the following vote: AYES: Council Members Harris, Parrot'(, Swain, Trout, White, Wyatt and Mayor Bowers --7. NAYS: None ACTION: 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 Attorney to convene in Executive Session to discuss a specific matter of actual litigation requiring provision of legal advice by counsel, 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 VOto: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers ...... 7. NAYS: None... HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-WORKERS COMPENSATION-CITY EMPLOYEES-RISK MANAGEMENT FUND-WAR MEMORIAL: The City Manager and the Director of Finance submitted a joint written report advising that personnel lapse is generated due to employee turnover and vacancies in City departments; and for the current fiscal year, salary savings of $8t 5,000.00 are projected as a result of vacancies. 554 ACTION: It was further advised that in order to provide timely information to Council and to increase administrative efficiency, the status of lapse was reported qu. artariy to Council for the first two quarters as a Consent Agenda ,tam; the current report provides a budget ordinance that encompasses all quarters, eliminates the budgeted lapse amount and adjusts affected depa~b.ental operating budgets; the total estimated personnel lapse generated for fiscal year 1996-97 is $1,019,106.00; and personnel lapse generated excesds the estimate of $815,000.00 by $204,106.00, which additional funding is recommended to be used for the following purposes: Workers' Compensation Wages and Medical Expenditures - $85,000.00; D-Day Memorial - $50,000.00; and Risk Management - $69,106.00. The City Manager and the Director of Finance recommended that Council authorize the transfer of personnel lapse funds from depa, ~,,,ental accounts to Personnel Lapse Account No. 00t-002-9410- 1090 as listed on Attachment A to the report_ (For full text, see joint report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33414-060297) 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 537.) Mr. Trout moved the adoption of Ordinance No. 33414-060297. 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 555 ACTION: BUDGET-POUCE DEPARTMENT-WORKERS COMPENSATION- FIRE DEPARTMENT-CITY EMPLOYEES: The City Manager submitted a written report advising that workers' compensation expenditures for fiscal year 1996-97 are projected to be approximately $785,000.00, an increase of $85,000.00 over fiscal year 1995-96, which information is based on actual expenditures through April 30, 1997, and projected expenditures for May and June 1997; and funding to cover fiscal year t996-97 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 the transfer of funds to cover workers' compensation claims in the amount of $785,000.00, to depa, ;,,entel workers' compensation accounts from the following sources: Workers Compensation - Wages, Account No. 001-004-9110-1135 $300,000.00 Worker~ Compensation - Medical, Account No. 001-004-9110-1140 $350,000.00 Personnel Lapse, Account No. 001-002-9410-1090 $ 85.000.00 Tote! $785.000.00 (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33415-060297) 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 540.) Mr. Trout moved the adoption of Ordinance No. 33415-060297. The motion was seconded by Mr. Harris and adopted by the following vote: 556 AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None .0. Following questions by the Members of Council, the City Manager advised that City staff will present a briefing at a future Council meeting with regard to City workforce safety issues. Council Member Wttite requested information on the number of workers' compensa~on claims filed by City employees that are considered to be serious in nature. CITY GOVERNMENT-CITY EMPLOYEES: The City Manager submitted a written report advising that mileage reimbursement at the rate of $.24 per mile for the first 15,000 miles and $.11 per mile for all additional miles traveled has been made to City employees utilizing their personal automobiles in the performance of City business, which rate was established by Council on May 22, 1989; historically, the City has set its mileage reimbursement rate at the same level established by the Commonwealth of Virginia for its employees; and mileage reimbursement rates paid by the Commonwealth have been increased retroactive to March 24, 1997, to $.27 per mile for the first 15,000 miles and $.13 per mile for all additional mileage over 15,000 miles. The City Manager recommended that Council establish an increased mileage reimbursement rate of $.27 per mile for the first 15,000 miles and $.13 par mile for all additional miles, effective July 1, 1997. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (~33416-060297) A RESOLUTION establishing the rate of reimbursement par mile to be paid to officers and employees of the City for use of privately owned personal motor vehicles on City business; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 59, page 543.) AYES: Council Members Harris, Parrott, Swain, Trout, ~Vhite, Wyatt and Mayor Bowers ........... 7. NAYS: Nono ........... 0. BUDGET-HOUSING/AUTHORITY-COMMUNITY PLANNING- GRANTS: The City Manager submitted a written report advising that each year the City 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. It was further advised that a Redevelopment Plan for the Gainsboro Community Development Program Area was approved by Council on January t0, 1972; Amendment Nos. I - 4 have also been approved by Council; and on May t3, 1996, pursuant to Resolution No. 32939-051396, Council approved the fiscal year 1996-97 Annual Update. It was explained that currently the Roanoke Redevelopment and Housing Authority is implementing the Gainsboro Land Use Plan project; two parcels of vacant land (Official Tax Nos. 2011801 and 2011803) located within the Gainsboro Community Development Program Area are for sale; funds to purchase the land have been identified in Community Development Block Grant Unprogrammed Income, Account Nos. 035-095-9540-5189 and 035-095-9540-5197; the City and the Housing Authority need to amend the 1996-97 CDBG Agreement to increase funding for the project; and the City needs to amend the Annual Update with the U. S. Department of Housing and Urban Development. The City Manager recommended that Council concur in the following actions: Authorize the City Manager, or the Assistant City Manager, to execute Amendment No. 2 to the 1996-97 Community Development Block Grant Agreement with the Roanoke Redevelopment and Housing Authority, and any amendments thereto, if necessary, to ensure U. S. 558 ACTION: 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 Attorney. Authorize the City Manager, or the Assistant City Manager, to amend the City's Annual Update with the U. S. Department of Housing and Urban Development. Transfer funds totalling $60,000.00 from CDBG Unprogrammed Fund-Other, Account No. 035-095-9540- 5189 ($21,258.00), and CDBG Unprogrammed Fund-RRHA, Account No. 035-095-9540-5197 ($38,742.00), to Gainsboro Land Use Plan, Account No. 035-095-9530-5016. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (~33417-060297) 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, sss Ordinance Book No. 69, page 544.) Mr. White moved the adoption of Ordinance No. 33417-060297. 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 Mr. White offered the following resolution: (#33418-060297) A RESOLUTION authorizing the City Manager to amend the Annual Update of the Entitlement Consolidated Plan for FY 1996-97 and submit said amendment to the United States Department of Housing and Urban Development (HUD), and to execute documents 559 ACTION: in connection with said amendment; and authorizing execution of Amendment No. 2 to the Agreement with the City of Roanoke Redevelopment and Housing Authority. (For full text of Resolution, see Resolution Book No. 59, page 545.) Mr. White moved the adoption of Resolution No. 33418-060297. 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. HOUSING/AUTHORITY-COMMUNITY PLANNING-FIFTH PLANNING DISTRICT COMMISSION-ECONOMIC DEVELOPMENT- REGIONAL COMPETITIVENESS ACT: The City Manager submitted a written report advising that Council endorsed the City's participation in the Fifth District Regional Alliance, pursuant to Resolution No. 33251-020397, adopted on February 3, t997; and the Fifth District Regional Alliance was formed under authority of the 1996 Regional Competitiveness Act, which provides, in part, that incentive funds will be provided to jurisdictions within a qualifying region that agree to participate in regional cooperation activities within their respective region. It was further advised that the Board of Directors of the Fifth Planning District Regional Alliance is composed of the chief elected official and the chief administrative official of each participating local government, as well as leaders from the business, civic, high education and secondary educational communities within the region; the Regional Competitiveness Act Program provides ~at each participating local government within the region must approve, by resolution, a methodology for distribution of incentive funds to participating governments within their region; and the Board of Directors met on April 24, 1997, and ap.proved a spe.c, ific funding distribution methodology recommendation for each participating local govemment, as follows: Ninety per cent of the total funds to be distributed on a per capita basis; 56O Eight per cent of the total funds to be distributed based on the level of fiscal stress of each local government as calculated by the Virginia Commission on Local Government; and Two per cent of the total funds to be allocated to the Regional Alliance for administrative and research support. The City Manager recommended that Council adopt a resolution endorsing the funding distribution methodology as recommended by the Board of Directors of the Fifth Planning District Regional Alliance. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (~t33419-060297) A RESOLUTION approving a formula for State incentive funds to be distributed among participating local governments in the Fifth Planning District Regional Alliance. (For full text of Resolution, see Resolution Book No. 59, page 546.) ACTION: Mr. Swain moved the adoption of Resolution No. 33419-060297. 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. BUDGET-ROANOKE CIVIC CENTER: The City Manager submitted a written report advising that the original fiscal year 1997 Roanoke Civic Center budget appropriation totaled $2,626,471.00, including operations, promotions, depreciation and capital outlay; budget adjustments through April 1997 total $88,404.00; current Civic Center operating budget as of April 1997 totals $2,7t4,875.00 and multi-year projects are budgeted in the amount of $215,671.00; total expanses for fiscal year 1997 are estimated to be $3,177,446.00, an increase of $246,900.00 over the current budget; and the primary reasons for over- budget expenditures include an increase in the number of events as well as a direct increase in expenses attributed to those events. ACTION: It was further advised that appropriation of funds from revenues is requested to cover the co~t of additional operational expenses; and funding is available from Civic Center revenues due to an increase in the total number of events; and there were substantial increases in Coliseum rental, parking, admissions taxes, concessions and novelty fees. The City Manager recommended that Council approve the appropriation of $246,900.00 to cover the cost of certain operating expenses and adjust revenue estimates $404,400.00. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33420-060297) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 548.) Mr. Trout moved the adoption of Ordinance No. 33420-060297. 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. BUDGET-PARKS AND RECREATION-CMERP-SCHOOLS- EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified funding for the City's share of a fitness center at Breckinridge Middle School; and the City's share of funding, together with funding from the Roanoke City Schools, will allow for acquisition of equipment to establish a Community Family Fitness Center; whereupon, the City Manager recommended that Council appropriate $36,000.00 from 561 562 ACTION: General Fund Current Year Capital Maintenance and Equipment Replacement Program to Recreation Account No. 001-052-7110-9015, to provide funds for the City's share of fitness equipment for a Community Fitness Center at Breckinridge Middle School. (For full text, see report on fils in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~t33421-060297) AN ORDINANCE to amend and reordain certain sections of the t996-97 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 550.) Mr. Trout moved the adoption of Ordinance No. 33421-060297. 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 Ow BUDGET-PARKS AND RECREATION-CITY SHERIFF-CAPITAL IMPROVEMENTS PROGRAM-EQUIPMENT: The City Manager submitted a written report advising that Council requested that the City Administration focus on upgrading existing facilities located in neighborhood and community parks; and the City Sheriff has offered to transfer $100,000.00 from Jail Budget Recovered Cost Account No. 001-024-3310-8005 to a Capital account for needed park renovation projects. It was explained that park project renovations ara proposed to include: Park toilets City-wide - $32,000.00 install commercial type seamless flooring in 18 existing park restroom facilities West End Park, S.W. - $35,000.00 replace existing play equipment and play area surfacing ACTION: Melrose Park, N.W. - $20,000.00 resurface one existing tennis court resurface two existing basketball courts replace existing fencing at the courts Fallon Park, S. E. - $ 9,100.00 resurface two existing basketball courts resurface two existing tennis courts Preston Park, N. E. - $ 2,600.00 resurface two existing basketball courts Thrasher Park, N. E. - $ 1,300.00 resurface one existing basketball court The City Manager recommended that Council concur in the following actions: Authorize the transfer of $100,000.00 from Jail Recovered Cost, Account No. 001,024-3310-8005, to General Fund Transfer to Capital Projects Fund, Account No. 001-004- 9310-9508; and Appropriate funds to a new Capital Projects Fund account to be established by the Director of Finance for the abovereferenced park renovation projects. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33422-060297) AN ORDINANCE to amend and reordain certain sections of the 1996-97 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 551.) Mr. Trout moved the adoption of Ordinance No. 33422-060297. The motion was seconded by Mr. Swain and adopted by the following VOte: 563 564 AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: Nono 0. Council Member Swain advised that inmates of the Roanoke City Jail painted toilets in the City's parks and requested information on the total amount of funds expended for the project; whereupon, the City Manager advised that the information will be forthcoming. BUDGET-LANDMARKS/HIST. PRESERVATION-CAPITAL IMPROVEMENTS PROGRAM-GRANTS-LIBRARIES: The City Manager submitted a written report advising that the Gainsboro Branch Library was recently designated as a Virginia Historic Landmark and is listed on the National Register of Historic Places; in t994-95, the Library'3 front concrete steps and entry walk was modified and door openers were installed to provide wheelchair accessibility into the building; a Library Facility's Master Plan which was completed in the fall of 1996 identified several items that need to be done to bring the Gainsboro Branch Library into compliance with current building codes and the Americans with Disabilities Act (ADA), including new toilets, plumbing renovations and emergency lighting; an additional 500 square feet is needed to provide space for two new wheelchair-accessible restrooms, ~~ expansion of the Virginia Y. Lee African-American collection, and relocation of current periodical back files from the meeting room to an expanded staff work area; and an on-site parking lot of approximately ten spaces has been designed inasmuch as no off-street designated parking for the Library exists; and total estimated cost of improvements is $145,770.00. It was further advised that the City Manager has applied to the Library of Virginia for Library Services and Construction Act, Title II funds ($72,885.00) for expansion and remodeling of the Gainsboro Branch Library; should the City's application for said funds be approved, the City Manager will recommend that Council accept the grant award, thereby creating a contract between the City and the Library of Virginia; and assurance must be given that local matching funds equal to at least 50 per cent of the cost of the project are available for expenditure, which must be public funds available in a library building account. ACTION: The City Manager recommended that Council authorize transfer of $75,000.00 from the Jail Recovered Cost, Account No. 001-024-3310- 8005, to an account in the Capital Projects Fund to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (~f33423-060297) AN ORDINANCE to amend and reordain certain sections of the 1996-97 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 552.) Mr. White moved tho adoption of Ordinance No. 33423-060297. The motion was seconded by Ms. Wyatt and adopted by the following vete: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers .. 7. NAYS: None .. 0. Council Member Swain inquired if guests at Th~ Hotel Roanoke are provided with information advising that the Gainsboro Branch Library is listed on the Virginia Landmarks Register and the National Register of Historic Places; whereupon, the City Manager advised that he would make the appropriate inquiry and advise Council accordingly. Vice-Mayor Wyatt advised that the clientele of some branch libraries have computers in their homes where they have internet accessibility; however, there are those femilies who do not have computers in their homes. She stated that as the City reviews computerlinternet accessibility at the branch libraries, she would encourage that first priority be given to libraries in those neighborhoods where the likelihood of computers and internet accessibility in the home is less likely. 565 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 April 1997. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the Financial Report would be received and filed. BUDGET-CITY INFORMATION SYSTEMS-FLEET MAINTENANCE FUND-RISK MANAGEMENT FUND-EQUIPMENT: The Director of Finance submitted a written report advising that the City's Internal Service Funds account for certain services provided to departments of the General Fund; Internal Service Funds recover their costs by charging the receiving departments for services provided; and budgeted funds for Intemal Services are allocated in each fiscal year's budget throughout various deparb,ents based on estimated usage, which varies from the original estimates. It was further advised that each fiscal year, it is necessary to make appropriations/transfers between departme.nts to provide .[~[1 sufficient funds for Intemal Services for the fiscal year, and a proposed budget ordinance would make such transfers and adjust the salary lapse by $57,937.00 to provide additional funds for risk management claims inasmuch as the amount originally budgeted will not cover anticipated costs, which transfers do not increase the overall General Fund budget, but reallocate amounts between depa,[,,ente. The Director of Finance recommended adoption of a proposed budget ordinance which will provide for the required transfers. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33424-060297) 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 553.) 567 ACTION: Mr. Trout moved the adoption of Ordinance No. 33424-060297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White and Mayor Bowers 6. NAYS: None O. (Vice-Mayor Wyatt was out of the Council Chamber.) BUDGET-CITY EMPLOYEES-PERSONNEL DEPARTMENT- INSURANCE: The Director of Finance submitted a written report advising that the fiscal year t996-97 General Fund budget included funds in the nondepafb.entel category for long-term disability insurance and for termination (vacation) leave and unemployment wages, which fringe benefits ars budgeted at estimated amounts in the nondepa, b,,ental category because annual charges for each depafb~,ent ars difficult to project, and actual costs are charged to the applicable department in anticipation of budget transfers to cover said costs. It was further advised that a proposed budget ordinance will transfer funds from the nondepa,b'llentsl category to the applicable depm;,,ental budgets; additionally, the proposed ordinance will transfer funds remaining in two departments for life insurance, which amounts ars not needed for lite insurance, but are available to cover other fringe benefits; the proposed ordinance also adjusts the Payroll Accrual to provide an additional $20,492.00 in termination leave wages, since the amount originally budgeted will not cover anticipated costs; the transfers will not incrsasa the General Fund budget in total, but will reallocate amounts between departments; and a summary of total transfers is as follows: Termination (Vacation) Leave Wages Unemployment Wages Life Insurance Payroll Accrual Total Budget Amount Transfers Revised Budget Before Transfers InliOufl Amount $ 91,275.00 $ 28,039.00 $119,314.00 35,000.00 (5,550.00) 29,442.00 1,989.00 (1,989.00) 0 150.050.00 { 20.492.00) 129.508.00 568 ACTION: The Director of Finance recommended that Council adopt a proposed budget ordinance which will accomplish the required transfers. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33425-060297) 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 558.) Mr. Trout moved the adoption of Ordinance No. 33425-060297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Membere Harris, Parrott, Swain, Trout, White and Mayor Bowers., -6. NAYS: None (Vice-Mayor Wyatt was out of the Council Chamber.) REPORTS OF COMMITTEES: INDUSTRIES-ECONOMIC DEVELOPMENT-STREETS AND ALLEYS: 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 Blue Hills Drive Extension and Infrastructure Improvements at the Roanoke Centre for Industry and Technology. The Bid Committee recommended that Council authorize the City Manager to execute a contract, in a form to be approved by the City Attorney, with Allegheny Construction Co., Inc., in the amount of $601,962.00, for the abovedeecribed project. 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.) 569 Mr. Swain offered the following emergency ordinance: ACTION: (~33426-060297) AN ORDINANCE accepting the bid of Allegheny Construction Company, Inc., to construct Blue Hills Drive Extension and Infrastructure Improvements at Roanoke Centre for industry and Technology, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 561.) Mr. Swain moved the adoption of Ordinance No. 33426-060297. The motion was seconded by Mr. Trout 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.) UNFINISHED BUSINESS: BUDGET-COUNCIL: Ordinance No. 33397 establishing the annual salary of the Mayor for the fiscal year beginning July t, 1997, at $23,000.00, having previously been before the Council for its second reading on Monday, May 19, 1997, and deferred until the regular meeting of Council on Monday, June 2, 1997, the matter was again before the body. Mr. Trout offered the following ordinance for its second reading and final adoption: (#33397) AN ORDINANCE establishing the annual salary of the Mayor for the fiscal year beginning July 1, 1997; and providing for an effective date. The motion was seconded by Mr. White. 570 Ms. Kathy McMillan, 4235 Norwood Street, S. W., advised that a pay increase is something that everyone who performs to certain expectations desewes; however, pay .Scales and reasonable percentages should be used. She stated that ,t can be documented that no City employes has ever received a 28 per cent pay increase in the span of one year; therefore, there are two issues which should be considered by Council: (1) Does the Mayor, Council, and Council- Appointed Officers deserve a raise, and the answer appears to be yes; and (2) Are the proposed raises reasonable, and the answer is no. She added that what is fair and equitable for all City employees should be used as a guide for those individuals who are responsible for making the City's rules. Mr. Steven D. Vassar, 1117 Floyd Avenue, S. W., advised that Council has quoted Roanoke City's good fiscal health as a reason for large pay raises for Council and CounciI-Appointad Officers. He stated that the median family income for a citizen in the City of Roanoke is $30,590.00; however, Council proposes $120,750.00 per year for the City Manager, which is four times the amount of the salary of the average citizen in the City. He advised that Roanoke is far behind other cities with little unity among banks, neighborhood groups and government regarding the urgency of saving Roanoke's central neighborhoods, and City officials are aware that Roanoke's downtown neighborhoods are in trouble because they have been warned repeatedly by planners, the housing task force, and consultants to take corrective action. James R. Radcliffe, Sergeant, Roanoke City Police Department, expressed disappointment that citizens were not allowed to be heard on the issue at the Council meeting on Monday, May 19. He advised that it has been stated that Council wishes to raise salaries so that the City can keep qualified persons in top positions; however, he would hope that Council is of the mindset that every City employee holds a top position. He stated that 31 police officers have resigned from the task force in the last two and one-half years, and there is no waiting list of qualified applicants seeking the position. For the benefit of public safety, he stated that it is time to ask the question, what is a fair salary for a police officer. He added that citizens have spoken in mass and now is the time for Council to represent the overwhelming wishes of the citizens, and urged that Council rescind its vote to adopt the pay increase ordinance and adopt the same pay increase percentage for Council Members and Council-Appointed Officers as all other City employees will receive. reported that Council Members receive health insurance, life insurance, dental insurance and pension benefits, all at the expense of taxpayers, which represent additional income, thus making Council's present salary even higher. She requested that Council consider its present salary, plus fringe benefits, before making a decision on the pay issue. Mr. Obediah Overstreet, 3203 King Street, N. E., advised that City services such as curl)side refuse collection have been eliminated as a cost-saving measure, but, at the same time, the City can identify funds for exorbitant pay increases for Council Members and Council- Appointed Officers. He stated that if Council Members do not like their job, they should resign. Mr. Robert D. Gravely, 1524 Hanover Avenue, N. W., spoke in opposition to the proposed pay increase for Council Members and Council-Appointed Officers. Mr. W. H. Highflll, 4213 Belle Aire Circle, S. W., advised that Council cannot justify an approximately 20 per cent pay increase for the Mayor, and five per cent for Council-Appointed Officers, while other City employees will receive three per cent. He stated that employees make the City of Roanoke what it is, not deparb,,ent managers, and all employees deserve their share of the honor. He called attention to various inequities in the present pay plan and advocated the pay plan of the Federal Government which provides that all employees, regardless of rank, are treated fairly and equitably. Mr. Syed Ally, 1057 Old Country Club Road, N. W., expressed opposition to the proposed pay increase for Council Members. He stated that it is the civic duty of Council Members to serve without pay or fringe benefits. Ms. Helen Hall, 1411 Orange Avenue, N. W., advised that greed has brought about a closer scrutiny of elected officials whose main purpose should be service to the City of Roanoke and to its citizens. She questioned how Council Members can vote themselves such a large pay increase, work part-time, and receive fringe benefits, while other City employees receive a three per cent raise. She advised that pay increases should be the same across-the-board for everyone. 572 Ordinance No. 33397, on its second reading, was lost by the following vote: AYES: None 0. NAYS: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. BUDGET-COUNCIL: Ordinance No. 33398 establishing the annual salaries of the Vice-Mayor and Council Members for the fiscal year beginning July 1, 1997; having previously been before the Council for its second reading on Monday, May 19, 1997, and deferred until the regular meeting of Council on Monday, June 2, 1997, that matter was again before the body. Mr. Trout offered the following for its second reading and final adoption: (#33398) AN ORDINANCE establishing the annual salaries of the Vice-Mayor and Council Members for the fiscal year beginning July t, 1997; and providing for an effective date. The motion was seconded by Mr. Swain. Mr. Stephen D. Vassar, tt17 Floyd Avenue, S. W., advised that Roanoke City neighborhoods are on the brink of despair, the City and its housing stock are getting older, the average median income of a Roanoke citizen is $30,590.00, 16.1 per cent of Roanoke's citizens are below the poverty level and 8.8 per cent receive public assistance, there are 3,854 units of subsidized housing in the City, and the City of Roanoke is not fiscally strong enough to provide large pay increases for Council and the six Council-Appointed Officers. He stated that if help is not forthcoming for the neighborhoods of Roanoke, there will not be a need for a City Council. Ordinance No. 33398 was defeated by the following vote: AYES: None NAYS: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers. --7. 573 BUDGET-DIRECTOR OF FINANCE-CITY CLERK~ITY AI'rORNEY- CITY MANAGER-REAL ESTATE VALUATION-MUNICIPAL AUDITOR: Ordinance No. 33399 establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for fiscal year beginning July 1, 1997; and providing for an effective data, having previously been before the Council for its second reading on Monday, May 19, 1997, and deferred until the regular meeting of Council on Monday, June 2, 1997, the matter was again before the body. Mr. Trout offered the following ordinance for its second reading and final adoption: (#33399) AN ORDINANCE establishing compensation for the City Manager, City Attomey, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for the fiscal year beginning July 1, t997; and providing for an effective date. Ordinance No. 33399 died for the lack of a second to the motion. Ms. Wyatt offered the following emergency ordinance providing for a pay increase for CounciI-Appointad Officers at their current salary, plus 3.3 per cent. (#33427-060297) 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, 1997; and providing for an emergency and an effective date. Ms. Wyatt moved the adoption of Ordinance No. 33427-060297. The motion was seconded by Mr. TrouL Mr. Swain offered an amendment to the ordinance to provide for a pay increase for Council-Appointed Officers at their current salary, plus 2.5 per cent. The amendment to the motion failed for lack of a second. Ordinance No. 33427-060297, offered by Ms. Wyatt, seconded by Mr. Trout, providing for a pay increase for CounciI-Appointad Officers of their current salary, plus 3.3 per cent, was adopted by the following VOta: 574 AYES: Council Members Harris, Parrott, Trout, White, Wyatt and Mayor Bowers ................ 6. NAYS: Council Member Swain ............. Mr. W. H. Highfill, 4213 Belle Airs Circle, S. W., commended Council on its actions regarding the pay raises; however, he stated that there are inequities in the City's pay plan that need to be addressed. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ACTION: STREETS AND ALLEYS: Ordinance No. 33411 permanently vacating, discontinuing and closing a po~on of a cul-de-sac located at the end of Woods End Lane, S. W., (fo,,,erly Forest Road), at 851 and 855 Woods End Lane, having previously been before the Council for its first reading on Monday, May 19, 1997, 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: (ff33411-060297) 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 532.) Mr. Trout moved the adoption of Ordinance No. 334114)60297. 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. STREETS AND ALLEYS: Ordinance No. 33412 permanently vacating, discontinuing and closing an alley located at the rear of 1506 Franklin Road, S. W., and parallel to the rear of 312 Woods Avenue, described as Official Tax Nos. 1031204 and 1031203, respectively, having previously been before the Council for its first reading on Monday, May 19, 1997, 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: 575 ACTION: ACTION: (#33412-060297) 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 534.) Mr. Trout moved the adoption of Ordinance No. 33412-060297. 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. ZONING: Ordinance No. 33413 rezoning a certain tract of land located at 1928 Maiden Lane, S. W., being part of Lots 1-3, inclusive, Block 4, Keystone Place, Official Tax No. 1331205, from RM-2, Residential Multifamily District, to C-1, Office District, pursuant to a Petition filed in the Office of the City Clerk on February 5, 1997, subject to any changes required by the City during site plan review, having previously been before the Council for its first reading on Monday, May t9, 1997, 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: (#33413-060297) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. t33, Sectional t976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 59, page 536.) Mr. Trout moved the adoption of Ordinance No. 33413-060297. 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 O. 576 ACTION: ACTION: DECEASED PERSONS: Mr. Trout offered the following resolution memorializing the late Joseph L. Bush, Jr., Member, Vinton Town Council: (#33428-060297) A RESOLUTION memorializing the late Joseph L. Bush, Jr. (For full text of Resolution, see Resolution Book No. 59, page 563.) Mr. Trout moved the adoption of Resolution No. 33428-060297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrot'(, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 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 City's vision statement; whereupon, Vice-Mayor Wyatt advised that in view of certain responsibilities of key City staff regarding the budget process, the vision statement was held in abeyance; however, now that the City's fiscal year 1997-98 budget has been adopted, City staff will be free to continue their work on the vision statement. Mr. Harris moved that Council be provided with a status report on the City's vision statement at its regular meeting on Monday, July 21, 1997. The motion was seconded by Mr. Parrott and adopted. OTHER HEARINGS OF CITIZENS UPON PUBLIC MATTERS: SEWERS AND STORM DRAINS-COMPLAINTS-FLOOD REDUCTION/CONTROL-ROANOKE NEIGHBORHOOD PARTNERSHIP: Ms. Patsy Stroop, 3748 Chesterton Street, S. W., called attention to flooding conditions in her neighborhood as a result of heavy rainfall on June 1, and expressed frustration at the City's inability to take action on flooding and sewage problems in the Chesterton Street area. She 577 advised that when she purchased her home tl years ago, there was a dry drainage ditch that remained dry; however, over the past 11 years, numerous developments such as Windsor Place town homes, Norwood Street, Airview and Route 419 developments have shifted large amounts of water mn-off into the area which have proven to be more than the current drainage and sewer system can handle and, in turn, has endangered property and the lives of families who live in the area. She explained that sewer lines have been replaced up to her property line, and the Public Works Depaf{,,,ent has advised that a 12-inch pipe has been installed leading into an eight-inch pipe on a curb, thus, every time it rains, a small geyser with raw sewage, sanitary products, etc., flows into her yard. She referred to a communication from the City Engineer under date of October 29, 1990, which indicated that a project to address the entire problem from Mudlick Creek to Westchester is included on the neighborhood storm drainage priority list, yet residents of the area still experience major flooding problems. She stated that it was six and one-half years ago when the letter was written and something needs to be done now to correct the flooding situation. She advised that there are certain actions that could be taken immediately on a cost effective basis that could save the homes in the area, such as replacement of three water restricting drainage pipes by re-enforcing i bridges. She explained that her neighbor installed a wooden fence on his property which serves as a dam causing flooding conditions to her backyard, and property owners have repeatedly called the City and the Health Depaf&,,ent seeking help to no avail. She asked that Council help the residents of the area to maintain the value of their homes. The Mayor requested that the remarks of Ms. Stroop be referred to the City Manager for study, investigation, and report to Council at its next regular meeting on Monday, June 16, 1997. At 4:50 p.m., Mr. Trout left the meeting. LANDMARKS/HIST. PRESERVATION: Evelyn D. Bethel, President, Historic Gainsboro Preservation District, Inc., presented a progress report on the Historic Gainsboro brochure which has been distributed locally to the Harrison Museum of African-American Culture, the Roanoke Valley Convention & Visitors Bureau, and the Virginia Museum of Transportation. She advised that the brochure will be distributed to various tourist destination points, to each of the City's branch libraries, at the Booker T. Washington Memorial, and to other tourist attractions in the Commonwealth of Virginia and Washington, D.C. 578 Ms. Bethel advised that the Gainsboro Library's National and State historic landmark plaques for the Gainsboro Branch Library have bccn displayed on the library wails, and encouraged Council Members and citizens to visit the Gainsboro Branch Library. Ms. Bethel complimented Council on listening to the wishes of the citizens of Roanoke regarding the pay issue controversy for Council Members and Council-Appointed Officers, and on behalf of the citizens of Roanoke, she requested that Council pay strict attention to other problems cited by citizens as they come before Council and work with City staff to resolve the issues. Vice-Mayor Wyatt suggested that the Historic Gainsboro brochure be sent to every school in the City of Roanoke to be placed on the resource shelf in the libraries. COMPLAINTS-TAXES-COUNCIL-ROANOKE CiViC CENTER- TELEPHONE EQUIPMENT: Mr. William Ballentine, 3321 Birchwood Street, N. E., suggested that the City eliminate fixed fees that affect the ordinary citizen, such as the automobile decal fee, the Enhanced 911 fee, and the fee on cellular telephones which are all regressive taxes. He advised that the City could raise any number of taxes by one-tenth to one-one hundredth of a percentage to replace the revenues generated by these fixed fees. He suggested that Council hold its meetings at the Roanoke Civic Center where citizens would not have to pay parking fees. BUDGET-COMPLAINTS-COUNCIL-ROANOKE CiViC CENTER: Mr. Syed Ally, 1057 Old Country Club Road, N. W., advised that Council Members are elected to fill part-time positions and should serve without pay or fringe benefits. He concurred in the suggestion of the previous speaker, Mr. William Ballentine, that Council meetings should be held at the Roanoke Civic Center in order to provide free parking for citizens and that Council meetings should be held in the evening hours for the convenience of citizens. At 5:05 p.m., the Mayor declared the meeting in recess. At 6:10 p.m., the meeting raconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Members Harris, Parrott and Trout 579 I] ACTION: ACTION: COUNCIL: With respect to the Executive Session just concluded, Mr. Swain moved that each Member of City Council certi~ to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. White and adopted by the following vote: AYES: Bowers Council Members Swain, White, Wyatt and Mayor NAYS: None .... 0. (Council Members Harris, Parrott and Trout were absent.) OATHS OF OFFICE-COMMITTEES-GREENWAY SYSTEM: The Mayor advised that it is necessary to appoint an additional member to the Roanoke Valley Greenways Commission, pursuant to the Roanoke Valley Greenways Agreement, and called for nominations to fill the position. Mr. White placed in nomination the name of Brian M. Shepard. There being no further nominations, Mr. Shepard was elected as a member of the Roanoke Valley Greenways Commission, for a term ending June 30, 1998, by the following vote: FOR MR. SHEPARD: Council Members Swain, White, Wyatt and Mayor Bowers-- 4. (Council Members Harris, Parrott and Trout were absent.) OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that the terms of office of Scott Katz, Elvah D. Taylor, and Cheniss Anderson as members of the Youth Services Citizen Board expired on May 31, 1997, and called for nominations to fill the vacancies. Ms. Wyatt placed in nomination the names of Scott Katz, Elvah D. Taylor, and Chenise Anderson. 58O There being no further nominations, Mr. Katz, Ms. Taylor and Me. Anderson were reelected as members of the Youth Services Citizen Board, for terms ending May 31, 2000, by the following vote: FOR MR. KATZ, MS. TAYLOR, AND MS. ANDERSON: Council Members Swain, White, Wyatt and Mayor Bowers 4. (Council Members Harris, Parrott and Trout were absent.) There being no further business, the Mayor declared the meeting adjourned at 6:15 p.m. Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 581 ROANOKE CITY COUNCIL . CAPITAL IMPROVEMENT PROGRAM WORKSHOP June13,1997 8:30 a.m. The Council of the City of Roanoke held a Capital Improvements Program Workshop on Friday, June 13, t997, in the Emergency Operations Center Conference Room, Room 159, Municipal South, 215 Church Avenue, S. W., Roanoke, Virginia, with Mayor David A. Bowers presiding. PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt (arrived at 9:20 a.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, Public Works; Kit B. Kiser, Director, Utilities and Operations; Glenn D. Radcliffe, Director, Human Development; George C. Snesd, Jr., Director, Public Safety; Diane S. Akera, Budget Administrator; and Willard N. Claytor, Director, Real Estate Valuation. Inasmuch as the Mayor announced that he would have to leave the meeting to honor a previous commitment, Mr. Harris moved that Council Member Whits serve as Chairman Pro Tern. The motion was seconded by Mr. Parrott and adopted. CAPITAL IMPROVEMENTS PROGRAM: The City Manager advised that for several years, City staff has worked to increase the City's bonding capacity beyond $20 million and up to the $30 million range which has now been accomplished through savings at the City Nursing Home and Solid Waste automation. He stated that even though this bond sale may be the largest in the history of the City, if approved by the voters, there is a 5 - 1 demand on the funds and the City will be able to meet approximately 20 per cent of those projects which have been proposed. 582 Th.e Director of Finance reviewed the City's Financial Capacity for Funding New ProJects, as follows: Reduction in Existing Debt Service Savings from Change in Operations: Sale of Nursing Home Solid Waste Management Automation: Staffing/Operations Equipment Interest Earnings Proceeds from 1996 Jail Bonds Total II $20,000,000.00 5,000,000.00 7,000,000.00 5,350,000.00 1,800,000.00 $41,180,000.00 At 8145 a.m., the Mayor relinquished the Chair to the Chairman Pro Tern. I . . . Chamrman Pro Te.m White noted nothing was included in the CIP documents ro ,naicate that any proJect in the bond issue will be the direct result of a ' in the City's tax base. He silted that it should be known that the lax bas:r~nflCa?:nS; proposed projects will be funded from either reduction in debt, or re-engineering of certain City. services, or other reductions. The Director of Finance responded that no iix rate ,ncreases are proposed to fund the additional debt service and no part of the year end balance will be used to fund the increase in debt service. He added that undesignated .funds are used for one time purchases so as not to create problems in operating budgets for subsequent years. The Director of Finance reviewed the following financial assumptions: Total debt outstanding, including the proposed issuance included in the Capital Improvement Program, shall not exceed the City of Roanoke Charter Legal Debt Margin of ten per cent of the assessed valuation of real estate within the City limits. 583 Continuation of a minimum five per cent annual growth rata in General I Fund local tax revenues; growth in local tax revenues over the past five fiscal years has fluctuated between 3.42 per cent and 6.20 per cent, averaging 4.54 per cent; and should the growth rata fall below five per cent, adjustments may have to be made in other areas of the General Fund budget to allow for continued funding of debt service. Maintenance of current local tax structure, i.e., no reduction in local tax rates until local tax revenue growth exceeds the five per cent minimum. No reduction in General Fund funding levels for the following expenditure catagories to fund debt service requirements of new bonded debt: Annual paving contract Fixed asset maintenance Fleet replacement Interest earnings on bond proceeds will not be appropriatad for projects other than those included in the CIP until the estimata has been realized to fund those projects included in the CIP. The maturity of any debt will not exceed the expected useful life of the project for which the debt is issued. Payment of debt service on new bonded debt relatad to the funding of this recommended Capital Improvement Program will be an obligation of the General Fund. Payment of debt service on new Litarary loan debt or Virginia Public School Authority (VPSA) bonds related to the funding of School projects in this recommended CIP will be an obligation of the School Fund. Chairman Pro Tem White requestad that the City Manager inquire about actions taken by the Roanoke City School Board to reduce debt service. At 9:05 a.m., the Mayor returned to the meeting and took the Chair. Ms. Akers reviewed Citizen Involvement in the CIP Process as more fully explained on pages 4 and $ of the handout document. 584 The City Attorney reviewed the time schedule for a November 1997 bond referendum. He a.d. vissd that assuming a November 4, 1997 election day, State law I I requires that the C,rcuJt Court enter an order 60 days before the date of.the ,,..c.~on - I which would be Sepfember 5, 1997. He stated that the City must subm,t its petition for a court order approximately ten days prior to the Court's entry of the order which would be August 26. He added that Council is required to hold a public hearing before adopting an ordinance authorizing a bond issue and the last opportunity to hold the public hearing will be August 18, and the public hearing must be advertised once a week for two consecutive weeks. He advised that July 25 is the date by which Council would have to agree on the amount of the bond issue and the amount to be allocated to each of the bread categories established by the City Charter. He explained that any bond referendum requires approval of the United States Depa,i,,,ent of Justice under the Voting Rights Act, and if the Circuit Court enters its order on September 1, he would submit a request to the Department of Justice on that date, the Department of Justice has 60 days under the expedited consideration process to react, and it would be hoped that the Department of Justice would respond prior to November 4. At 9:20 a.m., Council Member Wyatt entered the meeting. Mr. Clark reviewed the status of the Current Capital Improvement Program, pages 8 - 14, of.the handout document. There was discussion with regard to increased costs at the Sewage Treatment Plant; whereupon, Mr. Clark pointed out that the City has always funded improvements in its water and sewer systems out of revenues from the two systems. The Director of Finance advised that Sewage Treatment Plant cost overruns should be dealt with outside the Capital Improvement Program. ! ! Mr. Clark reviewed pages 15 - 24, Capital Improvement Program - New Project Requests, totalling $196,012,952.00. He also reviewed a list of Proposed 1997 Bond Referendum Projects (Tentative), as set forth on pages 25-30 of the handout document. There was discussion with regard to The Jefferson Center in which the question was raised as to why the project continues to be recommended for funding by the City, especially in view of other outstanding needs such as curb, gutter, streets, and sewer projects, etc. The City Manager explained that when Council appointed the Jefferson Center Foundation Board of Directors to work on behalf of the City to help make the project a reality, two phases were proposed: Phase one was the core building for which The Jefferson Center raised $2 million and the City provided $3.5 million, for a total of 585 $5.5 million. He stet~l that Council made it clear that it would like to see the project completed and it was known that the project had to be divided into pieces because the citizen group appointed for fundraising purposes was of the opinion that it could raise $4 - 5 million over a period of time. He added that funds which were appropriated for Fitzpatrick Hall fully funded construction of the project; and the final piece of the project, or Phase Il, is the interior auditorium work in the range of $4 -.5 million. He stated that T. he Jefferson Center has requested that the City prov,de $2 million, with the rema,nder of the funds to be provided by The Jefferson Center. In the scheme of necessary City capital projects, the question was raised if The Jefferson Center is a high enough priority to take $2 million out of the City's limited resources. Some Members of Council were of the opinion that the City Manager should give further review to additional funding for The Jefferson Center and provide Council with funding alternatives. There was discussion with regard to inclusion of the Higher Education Center in the Capital Improvement Program, in which it was pointed out that if the City does not include funds in its CIP, it will be difficult to obtain support at the State level. The City Manager advised that no funding is proposed in the Capital Improvement Program, because no formal commitment has been made by Council and once the City makes that commitment, the project will become a budgetary item. He stated that the Higher Education Center is a complicated project, there are no finn answers at the present time, and he would not recommend a project to Council unless it is considered to be a project that can be successfully completed. There was discussion with regard to the need for improvements to the present Animal Control facilities (see page 130 - CIP notebook); whereupon, the matter was referred to the City Manager for further consideration. There was also discussion with regard to the new Police Building in which it was pointed out by some Members of Council that more information should be provided, inasmuch as $3.9 million is recommended for funding without reviewing other alternatives. Mr. Clark pointed out that the consultant has stated that long range space needs for the City total $23 million and staff is attempting to make interim improvements to relieve the overcrowding in the Police Deparb,,ent for a period of five to ten years, while not suggesting that this is the permanent solution for all of the City's office space needs. Mr. White left the meeting at 11:25 a.m. 586 Inasmuch as additional time was needed to discuss the proposed CIP, the City Manager advised that Council had previously agreed to hold another workshop on Thursday, June 26. .~ The Director of Finance advised that the City has the revenue capacity to issue approximately $37.5 million of bonds. Following discussion, it was the consensus of Council to recommend a $37.5 million bond issue, that the question be placed before the qualified voters of the City of Roanoke at an election to be held on Tuesday, November 4, 1997, and that discussions regarding the content of the proposed Capital Improvement Program will continue at a second workshop to be held on Thursday, June 26, 1997, at 8:30 a.m., in the Emergency Operations Center Conference Room. There being no further business, the Mayor declared the meeting/workshop adjourned at 11:35 a.m. APPROVED ATTEST: City Clerk 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 86, 6/1997- 11/1997 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 microfom were made available for microfilming by the Office listed on the Title Sheet and were in the legal custody of that Office or of the Library of Virginia as authorized by Sections 8.01-391, 15.16, 42.1- 82, 42.1~J3 of the f~So~q[3fl~fad& Signature of Records Custodian Date REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL June16,1997 12:30 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, June 16, 1997, at 12:30 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reaular Meetin_as. 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, James O. Trout, William White, Sr., C. Nelson Harris and Mayor David A. Bowers ..... -6. ABSENT: Vice-Mayor Linda F. Wyatt OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilbum C. Dibling, Jr., City Attomey; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. VIRGINIA COOPERATIVE EXTENSION: The Director of Human Resources advised that for more than 75 years, Virginia Cooperative Extension has provided invaluable education and information to the families and communities of Virginia by disseminating factual research based knowledge to improve the quality of life and to advance economic developmenL He stated that a partnership has existed between the land grant universities of Virginia Tech, State, Federal and local govemmenta and countless individual volunteers. He advised that City departments are often assisted by non-City unite in the delivery of services to Roanoke's citizens, and Virginia Cooperative Extension is a state agency funded partially with local funds, and the Extension Office works with City departrnente to provide various services to Roanoke City citizens in certain specific areas. Ms. Jean Vandergriff, Director, Roanoke City and Roanoke County Cooperative Extension Office, presented an overview of services provided to the citizens of the Roanoke Valley. She advised that Cooperative Extension began in Virginia in 1914, which established an opportunity for representatives of the land grant universities to bring research based information to the communities, and the Extension Service is a national and international organization. She stated that Family/Consumer Science is one of the areas covered by the Extension Service, which includes nutrition and wellness, family and human development, and management housing and consumerism. She presented information describing programs and agencies that the Cooperative Extension Service collaborates with on a daily basis. (See information on file in the City Clerk's Office.) At 12:50 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, June 16, 1997, 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 Membora John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., C. Nelson Harris and Mayor David A. Bowers ..6. ABSENT: Vice-Mayor Linda F. Wyatt ''1, OFFICERS PRESENT: W. Robert Her'oert, City Manager; Wilburn 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 The Reverend Jim Drinsrd 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-SCHOOLS: The Mayor presented students and coaches from Crystal Spring Elementary School with Executive glasses and City logo lapel pins in recognition of their participation in Odyssey of the Mind competition in Roanoke, Richmond, and College Park, Maryland. The Mayor advised that all matters listed under the Consent Agenda were considered to bo 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 r removed from the Consent Agenda and considered separately. He called specific attention to two requests for Executive Sessions to discuss a matter involving acquisition, use and disposition of certain public property currently being dedicated to school use adjacent to [] 3 ACTION: ACTION: Huff Lane Micro Village School and Round Hill Primary School, the same matter also being a legal matter requiring the provision of legal advice by counsel as to the terms and conditions of an agreement to be entered into between the City and the Roanoke City School Board; and to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the regular meeting of Council held on Monday, March 3, 1997; the informal session of Council held on Monday, March 3, t997, to discuss the Long Range Facilities Master Plan prepared by Daniel C. Smith and Associates; the Financial Planning Workshop of Council held on Saturday, March 8, 1997; a joint meeting of City Council and the Roanoke County Board of Supervisors held on Tuesday, March 11, 1997; and the regular meeting of City Council held on Monday, March 17, 1997, 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. Parrott and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt 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~.~. (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 convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and ACTION: committees .ap. pointed by Council, pureuant to Section 2.1-344 (A)(1), Code of Virgln,a (1950), as amend.ed. The motion wes seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, Swein, Trout, White, Harris and Mayor Bowers 6. NAYS: None (Vice-Mayor Wyatt was absent.) CITY PROPERTY-SCHOOLS-COUNCIL: A report of the City Manager requesting that Council meet in Executive Session to discuss one matter involving acquisition, use and disposition of certain public property currently being dedicated to school use adjacent to Huff Lane Micro Village School and Round Hill Primary School, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, the same matter also being a legal matter requiring the provision of legal advice by counsel as to the terms and conditions of an agreement to be entered into between the City and the Roanoke City School Board, pursuant to Section 2.1-344 (A) (?), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the re-usst of the Manager to convene in Executive Session to discuss one matt'e'~ involving acquisition, use and disposition of certain public property currently being dedicated to school use adjacent to Huff Lane Micro Village School and Round Hill Primary School, pursuant to Section 2.1-344 (A}(3), Code of Virginia (1950), as amended, the same matter also being a legal matter requirin.g the provision of legal advice by counsel as to the terms and conditions of an agreement to be entered into between the City and the Roanoke City School Board, 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 Parrott, Swein, Trout, White, Harris and Mayor Bowers.. ---6. NAYS: None -0. (Vice-Mayor Wyatt was absenL) ACTION: TAXES-ANNUAL REPORTS-REAL ESTATE VALUATION: A communication from the Honorable Richard C. Pattisall, Judge, Twenty- Third Judicial Circuit of Virginia, transmitting the Annual Report of the Board of Equalization for the taxable year July 1, 1997 through June 30, 1998, inclusive, advising that the Board received 80 appeals, and seven appeals were withdrawn before inspection, was before Council. The Board of Equalization recommended that future Equalization Boards continue to have access to computer service in their work and that they be provided with the current office space which is private and separate from the Office of Real Esteate Valuation, advising that in order to accomplish their duties, it is critical that proper and private space be provided for the Board to meet with taxpayers; and requested that the City make two parking spaces available during the three-month interval for use of Board members when attending to business of the Board of Equalization. (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 was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers $. NAYS: None 0. (Vice-Mayor Wyatt was absent.) EMERGENCY SERVICES-COMMUNICATIONS DEPARTMENT: A report of the City Manager advising that as requested by Council, he has researched the status of the 3-1-1 telephone numbers for reporting public safety non-emergency roqueste, was before Council. The City Manager further advised that the system has not been approved by the Federal Communications Commission (FCC) at this time; the Association of Public Safety Communications Officials, International (APCO International) supports the 3-1-1 telephone number 6 ACTION: ACTION: for use by Sta?. and local governments but does not sup. port mandatory or nationwide p. ublic safety u.se; and APCO International believes that use of 3-1-t ,s best detenmned by the individual local government entity. It was explained that APCO International research determined that the majority of 9-1-1 systems are working efficiently and are not overloaded; their research found that while certain urban systems do experience problems with 9-1-1 efficiency, it is due to lack of needed personnel support to adequately handle incoming telephone volume; the issue was discussed by the Southwest Virginia Regional 9-t-t Committee where it was noted that no jurisdictions in the area are considering installing the 3-1-1 telephone number system; and the system would require considerable expense which cannot be justified since the same 9-1-1 personnel will be responsible for answering telephones. The City Manager advised that the City will continue to monitor the issue, however, at this time, it appears that the Roanoke Valley does not experience the problems of major metropolitan areas, and he would not recommend spending additional funds to support the 3-t-1 initiative. 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 Parrott, Swain, Trout, White, Harris and Mayor Boware 6. NAYS: None ..... ~). (Vice-Mayor Wyatt was absenL) SEWERS AND STORM DRAINS-COMPLAINTS-FLOOD REDUCTION/CONTROL: A report of the City Manager with regard to a drainage problem at 3748 Chesterton Street, S. W., was before Council. Mr. White moved that the report be removed from the Consent Agenda for discussion as a separate agenda item. The motion was seconded by Mr. Parrott and adopted. 7 ACTION: ROANOKE VALLEY GREENWAYS COMMISSION-OATHS OF OFFICE-COMMITTEES: A report of qualification of Brian M. Sheperd as a member of the Roanoke Valley Grssnways Commission for a term ending June 30, t998, 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 Parrott, Swain, Trout, White, Harris and Mayor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt was absenL) REGULAR AGENDA SEWERS AND STORM DRAINS-COMPLAINTS-FLOOD REDUCTION/CONTROL: A report of the City Manager with regard to a drainage problem which was brought to Council's attention at its regular meeting on Monday, June 2, 1997, by the property owner, Ms. Patsy P. Stroop, 3748 Chesterton Street, S. W., having been removed from the Consent Agenda for separate discussion, the matter was before the body. The City Manager advised that residents of Chesterton Street appeared before Council in 1984 to express concerns with regard to flooding problems, and at that time, it was felt that the recently installed storm drain system along Norwood Street, upstream of Chssterton Street, was the primary cause of the flooding in the Chssterton area; the Norwood storm drain was designed to carry a 25-year storm and was installed in 1981 to alleviate flooding conditions along Norwood Street as a requirement of the annexation order; and additional modifications were made to the Norwood system in t983 to restrict the amount of water entering the system to a ten-year storm. It was explained that in 1985, the culvert at Deyerle Road, S. W. (at the lower end of Chestarton Street), was replaced with a larger box culvert designed to provide a 25-year storm capacity at that location; the watershed above the Chesterton area was approximately 80 per 8 cent developed prior to annexation and is now approximately 100 per cent developed; the City's Engineering Depa~t,~ent has completed a preliminary study of the area and designed a project which would construct a ten-yesr channel from Weetchsster Street to Deyerie Road and six drive culverts capable of passing a ten-year storm, at an estimated cost of $643,000.00; this project is among a list of known neighborhood drainage problems located throughout the City which are estimated to cost approximately $23 million to construct; and implementation of the project will be dependent upon funding in future bond issues. It was explained that since the mid-1980's, the City has spent over $24 million on storm drain improvements and continues to fund additional projects with each bond issue; and due to the significant number of drainage projects currently awaiting funds throughout the City, projects such as Chssterton Street may take some time to be funded. (For full text, see report on file in the City Clerk's Office.) Ms. Patsy Stroop, 3748 Chesterton Street, S. W., advised that two weeks ago, she appeared before Council and expressed her frustration and the frustration of her neighbors regarding flooding and sewer problems in her neighborhood, which problems have not been corrected by the City. She explained that she appeared before Council two weeks ago following an extremely heavy rainfall during which a drainage ditch filled up and flowed into her property, because her next door neighbor's driveway culvert dams up the natural flow of water. In addition, she stated that the City recently issued a building permit to a neighbor for a new privacy fence which, with the recent rain, served to dam up the water that normally flows from the ditch in the front yard between two houses and around the back of the property line, and the newly constructed privacy fence dammed up the water to the extent that water backed up in her backyard, making her home to appear to be in the middle of a lake, and forced water into the crawl space under her home. She expressed concern over the issuance of building permits, particularly in areas where there are known water problems. She stated that when it rains, there is a geyser of raw sewage that flows out of a manhole cover in her next door neighbor's yard and presents a health hazard. She advised that she was recently informed by a representative of the City Engineer's Office that the Chesterton Street neighborhood storm drainage project is number 13 on the City's !~ I priority list, and it will be a number of years before the problem can be resolved, and only if a flood causes heavy loss in the area and Federal funds are then made available can anything be done to correct the drainage problem. She stated that one solution to the problem would be to widen the drainage ditch to accommodate more water, or the City could purchase her home since her lot is the hardest hit in the area, and the property could be bulldozed to provide for a larger holding area for run-off water which would, in turn, help the flooding situation down stream, and this stop gap measure would be more cost effective for the City. In regard to the sewer problem, she statad that she has not heard from the City on the status of the situation and to her knowledge nothing further has been done to address the problem. Once again, she advised that she appeared before Council as a frustrated citizen since it appears that no timely help is forthcoming from the City, and requested that Council intervene on behalf of the citizens. The City Manager advised that the sewer issue alluded to by Ms. Stroop will be addressed in the Sewage Treatment Plant and the Roanoke River Sewer Interceptor Project which will be constructed from the Sewage Treatment Plant toward the City of Salem. He explained that the project has been approved and funded by Council and is scheduled for construction in approximately two years. He advised that he would meet with Ms. Stroop to discuss her specific concerns, and it may be necessary to involve the neighborhood organization to determine if some of the problems can be addressed through a goodwill approach. ACTION: Without objection by Council, the Mayor advised that the remarks of Ms. Stroop would be referred to the City Manager for appropriate response. HEARING OF CITIZENS UPON PUBLIC MATTERS: BUDGET-WRABA-CONSULTANTS REPORTS-CAPITAL IMPROVEMENTS PROGRAM: Ms. Lucy Mullis, Executive Director, Willismson Road Area Business Association (WRABA), addressed Council in connection with the Williamson Road Corridor Improvement Study which was developed by WRABA, Hill Studio, P. C., and the City of Roanoke. She advised that the idea for the study grew out of a meeting between members of WRABA, the City's Economic Development staff and the City Manager, and it was decided that a study of and a comprehensive plan for the Williamson Road Corridor was needed, and development of the plan has bccn an ongoing process. She stated that last year she accompanied the Chief of Community Planning, the Chief of Economic Development and Members of the Williamson Road Area Business Association Board of Directors to Scogie, Illinois, to study a mature, successful commercial corridor redevelopment project, and many of the lessons that were learned have bc.-'n incorporated into the Williamson Road Corridor Improvement Study. David Hill, representing Hill Studio, P.C., presented overall aspects and specifics of the Williamson Road Corridor Improvement Study. He advised that over the pest t8 months, a consensus has been built among the business community by listening to neighborhood concerns, and through a series of publicized meetings and workshops, a plan for a $14 million public/private partnership has been developed that will comprehensively renovata the Williamson Road area, and Economic Research Associatea and Mattern and Craig, Consulting Engineers, have been included as a part of the team. He presentad a map delineating 16 individual projecta and programs of construction, the firet five years to include seven distinct sections of construction in the public right-of-way and on lands with public interest from Orange Avenue to the Roanoke County line. He advised that the sections include improvements to curb, gutter, and sidewalks, entrances to sites and buildings, better location and amelioration of utilities, and maximum potential for the drainage system which was recently installed. He explained that following these improvementa, a series of public/private partnerships will begin to enhance the safety, accessibility, appearance and business potential of the Williamson Road Corridor. He presented a display of the facade program, a parking clarification program, a signage program, and a program designed to assist small businesses in complying with design guidelines for an enhanced corridor, better route planning, and making the corridor safer and more appealing. He reviewed a schedule chart for implementation of the 16 projects over a 20 year period, and advised that two redevelopment projects are scheduled in years tan and fifteen, which two anchors will bring on to the market 40 acres of prime business space with infrastructure improvements and access. He advised that the provision of $7 million in private sector and grant funds for funding infrestructurelstru*ctural improvements provides one- half of the funding necessary for the work, as well as the impetus for Williamson Road to realize ita potential and to accommodate the type of businesses that it will attract. He stated that Williamson Road is the Roanoke Valley's main street, Williamson Road contributas an additional 40 per cent of the businesses to Roanoke's Special Service Dis~ict status, with a private sector investment currently valued at $200 million. He notmJ that the most recent downtown study predicts that the futura success of downtown Roanoke is wrapped to the success of the Williamson Road Corridor. He explained that the infrastructure improvement plan caps 15 years of study and planning for Williamson Road's future, and over the next 20 years, the Roanoke Valisy's main street will use these empowerment tools to begin to pay back the municipal investment, both financially and aesthetically. Michael Bailey, President, Williamson Road Area Business Association, advised that the plan is important to the economic vitality and quality of life for not just Williamson Road, but for the adjoining neighborhoods in the entire City. He stated that the heart of the Roanoke Valley, which is downtown Roanoke, can only stay healthy if its main artery which is Williamson Road is healthy. He further stated that Williamson Road is now a healthy mix of businesses such as restaurants, banks, churches, and automobile dealerships, etc. He stated that the investments the City has made in Oakland Elementary School renovations, James Breckinridge Middle School, and in the storm drainage run-off system reflect the City's commitment to the area. He spoke positively about the plan because it will raise the entrepreneurial spirit of the marketplace by making the commercial atmosphere of Williamson Road durable, desirable, and long lasting, and the plan will lead to a greater generational continuity in the existing businesses and neighborhoods, provide an opportunity for new business, and promote revitalization of underutilized properties along Williamson Road and adjoining neighborhoods. He added that the plan provides a safe and attractive pedestrian and commercial environment and the completed curb, gutter and storm drainage aspects will complement the storm water drainage upgrades of several years ago and help to further alleviate water run-off problems. He stated that the plan is practical, affordable, attractive, doable, and well thought out. He advised that it is the desire of the Williamson Road Area Business · Association that elements of the plan would begin to be implemented in the upcoming five years, and the Board of Directors will work with the City Manager to find a place in the next budget cycle to request necessary funds from the City to begin implementation of portions of the plan as early as 1999. He also requested that Council consider including part of the project in the City's upcoming bond issue. ACTION: Question was raised as to what the W?lliamson Road Area Business Association wil! request of the City in the initial five year thrust; whereupon, Mr. Hill advised that the first four years of the project will include the fi.ret .seven public infrsstructural projects and would require a $3.9 mill,on ~nvsstment from the City. He stated that the proposed plan would attempt to work around anticipated Virginia Depa,~,~ent of Transportation improvements to 10th Street in 2001 and 2002. Following discussion, Mr. Trout moved that the matter be referred to the City Manager for study, report and recommendation to Council at its Capital Improvements Program Workshop to be held on Thursday, June 26, 1997. The motion was seconded by Mr. Swain and unanimously adopted. The Mayor suggested that representatives of the Williamson Road Area Business Association visit Atilantic and Pacific Boulevards in Virginia Beach where a similar project has bccn successful. PARKS AND RECREATION-GREENWAY SYSTEM-WESTERN VIRGINIA LAND TRUST: M. Rupert Cutler, Executive Director, Wsstsm Virginia Land Trust, appeared before Council and presented information on what a Land Trust is and how the new local Land Trust can be a partner in the development of the Lick Run Grssnway and the management of Mill Mountain and Carvins Cove. He advised that the new Western Virginia Land Trust was established to provide a voluntary means to help preserve our region's natural and cultural heritage; that less than one year ago, a group of Roanoke Valley citizen volunteers began to meet to form a Land Trust in the Roanoke Valley to further the greenway cause and to protect the views from the Blue Ridge Parkway, among other things; an ad hoc citizens' committee wrote articles of incorporation and bylaws and elected a board of trustees and officers; and Ms. Barbara Lemon was named President. It was further advised that by March 1997, a tax-exempt status letter had been obtained from the Internal Revenue Service so that contributions to the Land Trust would be tax deductible; funding has been totally received from private gifts; a membership campaign has just begun; the Western Virginia Land Trust plans to request public funds when their potential value to local and Stats government becomes better known (the more successful the Land Trust is in obtaining voluntary conservation easements on key tracts of private ! I land, the less government will have to be involved in buying or regulating the use of the lands); the Land Trust plans to increase awareness of the significance of the region's natural and cultural features - rare plant and animal habitats, prime farmlands, Civil War battlefields, Blue Ridge Parkway views - and help landowners underetsnd their land conservation options, viz: how they can obtain tax benefits from entering into easement agreements that benefit the public as well; and the Land Trust will concentrate on the Roanoke Valley initially, then move on to serve all of southwestsm Virginia. Dr.' Cutler explained that top priority projects of the Western Virginia Land Trust include protection of undeveloped mountainsides and ridgetope from unsightly development, to keep the Roanoke River corridor as natural as possible, to assist the National Park Service in saving the quality of the views from the Blue Ridge Parkway, and to help create the Roanoke Valley Greenway Trail Network. Dr. Cutler offered the assistance of the Western Virginia Land Trust, as a partner with the City, in the creation of the proposed Lick Run Greenway between Valley View Mall and The Hotel Roanoke and in the perpetual protection of the City's two most important watersheds, Mill Mountain (Crystal Spring) and Carvins Cove. He advised that while in-depth consideration of the watershed protection issue can wait, the City must make a decision soon on the Lick Run Greenway question, which is inseparable from the question of what kind of first-phase overpass will be built over 1-581 to handle traffic out of an expanded Valley View Mall shopping area. He stated that the Land Trust agrees to serve as owner of donated land or holder of options on land on beth ends of the overpass - land that eventually will become parts of a Lick Run Greenway; and the offer may appeal to potential donors because donations of land as well as other assets to the Western Virginia Land Trust may be treated as tax-deductible gifts to a charitable foundation. Dr. Cutler advised that on June 4, 1997, the Board of Trustees of the Westsm Virginia Land Trust adopted a resolution calling on the City to (1) include a pedestrian/bicycle lane in the first phase of construc~on of the 1-581 overpass, (2) adopt plans to build a Lick Run Greenway trail connecting the overpass and The Hotel Roanoke, and (3) include the Lick Run Greenway in its park system. He stated that the Land Trust will help by accepting privately donated lands and options as charitable ACTION: contributions and joining with others to ~esk fun.cie to .d. evelop the greenway trail. He requested that the C,ty Adm,niatration include provision for the Lick Run Greenway lane in the contract to be awarded for the first phase of the 1-581 overpass. Dr. Cutler pointed out that a Lick Run Gresnway will be an asset for the Washington Park neighborhood; with respect to Mill Mountain, the Western Virginia Land Trust and the Virginia Outdoors Foundation would be pleased to enter into a conservation easement agreement with the City on that portion of the Mountain (including the source of Crystal Spring) which the City decides should be kept in its present condition in perpetuity; and relative to the Carvins Cove watershed, the Land Trust and the Outdoors Foundal~on will offer perpetual protection of the clean watar-producing forests with adequate provision for access and maintenance by City staff. Dr. Cutler stated that it is the view of the Land Trust that it makes good sense for City Council to take such far-sighted steps to preserve these water-producing, scenic and recreational resources for future generations of Roanokers; that this is a new concept and requires thorough review, and it is hoped that Council will direct the City Manager to look into the idea and report back to Council at a later date. With regard to the 1-581 Bridge, the City Manager advised that plans for the new interchange will include an option to build the additional tan to twelve feet that could be included as part of the greenway connection, and Council will have the option when bids are received in October to determine whether it wishes to fund that portion of the project. Without objection by Council, the Mayor advised that Mr. Cutler's remarks would be received and filed. PETITIONS AND COMMUNICATIONS: BUDGET-CAPITAL IMPROVEMENTS PROGRAM-SCHOOLS: A communication from the Roanoke City School Board requesting adoption of a Resolution authorizing the School Board to expend $9.4 million for adding to and improving the present building at Addison Middle School and declaring the City's intent to borrow to fund or reimburse such expenditures, was before Council. (For full text, see communication on file in the City Clerk's Office.) 15 Mr. Trout offered the following resolution: (#33429-061697) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Addison 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. 59, page 564.) ACTION: Mr. Trout moved the adoption of Resolution No. 334294)61697. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers NAYS: None 0. (Vice-Mayor INyatt was abeenL) BUDGET-GRANTS-SCHOOLS: A communication from the Roanoke City School Board requesting the close-out of two completed school grants, in the total amount of $550.00, with no change in local revenues or expenditures created by cloae-out of the following grants, was before Council. Arts Incentive - Roanoke Academy $300.00 Arts Incentive - Lincoln Terrace - $250.00 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. Trout moved that Council concur in the request of the School Board. The motion was seconded by Mr. Harris and adopted. BUDGET-CAPITAL IMPROVEMENTS PROGRAM-GRANTS- SCHOOLS: A communication from the Roanoke City School Board requesting the following appropriation of funds, was before Council. 16 Grant No. 6543 - $7,729.00 for the Summer Special Education Interpreter Training Program to provide funds for the development of training curriculum for the hearing impaired program. The continuing program will be 100 per cent reimbursed by Federal funds. Additional funds for appropriation have been received totalling $58,155.00 from interest earned in the State Non-Arbitrage Pool for construction costs of the Breckinridge Middle School renovation. ACTION: Higher level of participation in the student lunch program for the period April to June and the resulting higher level of expenses required for food purchase requires an additional appropriation of $50,000.00 from Federal food aid revenues and cafeteria 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 Mr. Harris offered the following emergency budget ordinance: (#33430-061697) AN ORDINANCE to amend and reordain certain sections of the 1996-97 School and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 565.) Mr. Harris moved the adoption of Ordinance No. 33430-061697. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, W'nite, Harris and Mayor Bowers 6. NAYS: None (Vice-Mayor Wyatt was absent.) I I 17 REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORITY- COMMUNITY PLANNING-GRANTS-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that the HOME Investment Partnerships Program (HOME) is a housing assistance program of the U. S. Depa~t,~mnt of Housing and Urban Development (HUD); the City of Roanoke has received a HOME entitlement grant each year since fiscal year 1992 and must annually rsapply to HUD to receive funding; and pursuant to Rssolut]on No. 33402-051297, adopted on Monday, May t2, 1997, Council authorized filing the fiscal year 1997-98 HOME application through submission of an Annual Update to the Consolidated Plan to HUD. It was further advised that approval of the City's 1997-98 HOME entitlement of $587,000.00 is forthcoming from HUD; and a total of $595,262.00 needs to be appropriated from the following sources: $587,000.00 from the 1997-98 HOME entitlement grant; and $8,262.00 from 1996-97 HOME Unappropriated Program Income Revenue Account Nos. 035-035-1234-7220 ($2,226.00) and 035-035-1234-7230 ($6,036.00). It was explained that $27,843.00 needs to be transferred from HOME accounts from prior years to projects included in the fiscal year 1997-98 HOME Program; and the new $587,000.00 grant requires $62,369.00 in matching funds, which will come from cash and in-kind contributions from non-Federal sources, with no outlays of City funds needed to meet the match requirement. The City Manager recommended that Council concur in the following actions: ACTION: Adopt a resolution accepting fiscal year t997-98 HOME funds, contingent upon receipt of an approval letter from HUD, 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; Appropriate $595,262.00 to revenue and expenditure accounts in a Grant Fund to be established by the Director of Finance; and Transfer $27,843.00 in HOME accounts from prior years to projects included in the fiscal year 1997-98 HOME program. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (f/33431-061697) 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. 69, page 567.) Mr. Harris moved the adoption of Ordinance No. 33431-061697. 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: None (Vice-Mayor Wyatt was absent.) 19 Mr. Harris offered the following resolution: (#33432-061697) A RESOLUTION accepting the Fiscal Year 1997- 98 funds for the HOME Investment Partnerships Program, and authorizing the proper City officials to executa the requisite Grant Agreement with the United States Depa,:.,,ent of Housing and Urban Development (HUD). (For full text of Resolution, see Resolution Book No. 59, page 569.) ACTION: Mr. Harris moved the adoption of Resolution No. 33432-061697. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Parmtt, Swain, Trout, White, Harris and Mayor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt was absent.) BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORITY- COMMUNITY PLANNING-GRANTS-HOTEL ROANOKE CONFERENCE CENTER-VIRGiNIA TECH: The City Manager submitted a written report advising that pursuant to Resolution No. 33402-051297, adopted on Monday, May 12, 1997, Council authorized the filing of a Community Development Block Grant (CDBG) application through the submission of the Consolidatad Plan to the U. S. Department of Housing and Urban Development (HUD) for fiscal year t997-98; and HUD approval of the fiscal year 1997-98 CDBG application is forthcoming. It was further advised that grant approval is for $2,134,000.00, the amount requested by the City; the appropriation request includes $366,184.00 in expected Community Development Block Grant 1997-98 program income from parking receipts, The Hotel Roanoke 108 loan repayment, Roanoke Redevelopment and Housing Authority rehabilitation loan repayments, miscellaneous loan repayments, and repayments from the Home Ownership Assistance Program; the appropriation request also includes $127,548.00 in appropriated program income received from the Roanoke Redevelopment and Housing Authority in the 1996-97 program year for land sales in Deanwood and Shaffers Crossing; and the appropriation request totals $2,627,732.00: 2O CDBG Entitlement Estimatsd 1997-98 Program Income Unprogrammed Program Income $2,134,000.00 366,184.00 Total Appropriation $2,627,732.00 An additional $1,928.00 needs to be transferred between accounts in the prior year of CDBG entitlement. The City Manager recommended that Council concur in the following actions: Adopt a resolution accepting fiscal year 1997-98 Community Development Block Grant funds, contingent upon receipt of the. approval letter 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; Appropriate $2,627,732.00 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance ($2,134,000.00 CDBG entitlement, $366,184.00 projected fiscal year 1997-98 program income, and $127,548.00 in unappropriated fiscal year 1996-97); and Transfer $1,928.00 between the prior two years of Community Development Block Grant entitiements. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (~33433-O61697) 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 570.) I I ACTION: Mr. White moved the adoption of Ordinance No. 33433-061697. The motion was seconded by Mr. Swain. Estella H. McCadden, President, Melrose/Rugby Neighborhood Forum, advised that the organization has operated for six years and has never requested assistance from the City. She called attention to certain accomplishments of the organization, all of which make the City of Roanoke look good. On behalf of the Melrose/Rugby Neighborhood Forum, she requested one-time funding through the City's Community Development Block Grant for funds to acquire a building to house equipment, to conduct meetings, and to usa as a small community center for tutoring, etc. The City Manager advised that he was requested by Council to work with Ms. McCadden to identify a source of funds and whether or not the project would qualify for funding once fully identified. He explained that City staff continues to meet with Ms. McCadden, although it ia his understanding that the option for the building in question might expire before the City can identify carryover funds by July t5. He stated that once the building is identified, there are a number of questions in terms of use of the building and technical and zoning issues that will have to be addressed. He added that many of the questions involve timing issues, and staff will continue to work with the Melrose/Rugby Neighborhood Forum. Ms. McCadden advised that based on meetings with the property owner, it may be possible to extend the option for approximately three months to provide the City with more time to identify a funding source. Ordinance No. 33433-061697 was adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers 6. NAYS: Nono 0. (Vice-Mayor Wyatt was absenL) 22 ACTION: Mr. White offered the following resolution: (~33434-061697) A RESOLUTION accepting the Fiscal Year 1997- 98 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,tment of Housing and Urban Development (HUD). (For full text of Resolution, see Resolution Book No. 59, page 576.) Mr. White moved the adoption of Resolution No. 33434-061697. 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: None ............. 0. (Vice-Mayor Wyatt was absent.) PURCHASE/SALE OF PROPERTY-TRAFFIC-EASEMENTS- CONDEMNATION PROCEEDINGS-INDUSTRIES-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that Ordinance No. 33241-012197, adopted on Monday, January 21, 1997, provides for acquisition of property rights needed by the City for the Roanoke Electric Steel Industrial Access Road project across property owned by Haymee Brothers, Inc., and identified as Official Tax No. 6010603, and the ordinance further provides that total consideration expended for the parcel of land should not exceed $70,000.00, including closing costs, appraisal fees, title search fees, attorney fees and recordation costs, without Council approval; the City received an appraisal of the abovereferenced parcel of land and negotiated a purchase price of $77,500.00 with the owner; and closing costs and associated fees are estimated to be $5,000.00. The City Manager recommended that Council amend Ordinance No. 33241-012197, adopted on January 21, 1997, to authorize acquisition of property rights needed by the City for the Roanoke Electric Steel Access Road project, Official Tax No. 6010603, for · consideration not to exceed $85,000.00, including closing costs end associated fees. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency ordinance: (#33435-061697) AN ORDINANCE amending Ordinance No. 33241-012197 to amend the total amount of consideration that may be offered or expended for acquisition of property Hghts needed by the City for the Roanoke Electric Steel Industrial Access Road Project across property owned by Haymee Brothers, Inc., and identified as Official Tax No. 6010603; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 677.) ACTION: Mr. Swain moved the adoption of Ordinance No. 33435-061697. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, INhite, Harris and Mayor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt was absent.) BUDGET-TRAFFIC-STATE HIGHWAYS-CAPITAL IMPROVEMENTS PROGRAM-GRANTS-STREETS AND ALLEYS-ISTEA: The City Manager submitted a written report advising that the Inta,,,,odal Surface Transportation Efficiency Act (ISTEA) was signed into Federal law in December 1991; ISTEA requires State departments for transportation to set aside a minimum of ten per cent of The Surface Transportation Program (STP) allocation each year to be used for "hazard elimination" and "rail/highway grade crossings"; and the Virginia Depa,~,,ent of Transportation (VDOT) approved the City's 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 S..t~e. t/Berkley. Ave.nue, N. E., intersection - improve sight distance by ~ndemng 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. 32101-071197, 32102-071194, and 32103-071194 on July 11, 1994, to enable the Virginia Depa,l,~ent of Transportation to program the abovereforenced projects in the Six-Year Improvement Program; Council authorized execu'don of project administration agreements on August 15, 1995, and authorized Hght-of-way acquisitions on October 7, t996; plans for the two intersection projects are complete and have been reviewed with each property owner, and right-of-way acquisition is complete; design concerns have been resolved to the apparent satisfaction of the property owners; and, consequently, VDOT has allowed the projects to proceed without a formal public hearing (the Albemarle Avenue, S. E., railroad grade crossing project was completed in 1996). It wa.s. expl.ai.ned that bids for construction of the two projects were advertised jmntly as one contract; the Virginia Department of Transportation received one bid from Fort Chiswell Construction Co., Bluefield, West Virginia, in the amount of $306,653.15, which was determined to be an acceptable bid price, and the Commonwealth Transportation Board awarded the contract on May t5, 1997; the City must execute the two City/State Agreements before VDOT will allow Fort Chiswell Construction Co., to begin construction; the City's share of the cost of the projects totals $63,114.84; project costs exceed Federal allocations by $47,533.87 for the Old Mountain RoadlNelms Lane Project, and $14,922.97 for the King Street/Berkley Road Project; the City is responsible for 100 per cent of these costs; the City will front-fund the right-of-way costs in the amount of $17,340.00; and billing procedures between VDOT and the City require that the City establish a receivable account of $17,340.00. The City Manager recommended that Council concur in the following actions: Authorize the City Manager to execute two City/State Agreements on behalf of the City, said Agreements to be in a form approved by the City Attorney; and ! I 25 Establish a receivable account from the Virginia Department of Transportation for $17,340.00, and transfer $17,340.00 from Account No. 008-052-9606-9001 to Account No. 008-052-9606-9007. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (~33436-061697) 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 578.) ACTION: Mr. Harris moved the adoption of Ordinance No. 33436-061697. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt was absent.) Mr. Harris offered the following resolution: (#33437-061697) A RESOLUTION authorizing execution of an agreement between the City and the Commonwealth of Virginia, Department of Transportation, said agreement relating to the construction phase of the Old Mountain Road, N. E., and Nelms Lane, N. E., Project (Project No. U000-128-V21, PE-101, RW-201, M-501); upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 59, page 579.) ACTION: Mr. Harris moved the adoption of Resolution No. 33437-061697. The motion was seconded by Mr. Swain and adopted by the following vote: 26 ACTION: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers 8. NAYS: None ...... (Vice-Mayor Wyatt was abeenL) Mr. Harris offered the following resolution: (#33438-061697) A RESOLUTION authorizing execution of an agreement between the City and the Commonwealth of Virginia, Department of Transportation, said agreement relating to the construction phase of the King Street and Berkley Road, N. E., Project (Project No. U000-128-V22, PE-101, RW-201, M-501); upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 59, page 580.) Mr. Harris moved the adoption of Resolution No. 33438-061697. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers 6. NAYS: None ....... 0. (Vice-Mayor Wyatt was absent.) ROANOKE CiViC CENTER-CMERP-EQUIPMENT: The City Manager submitted a written report advising that on April 21, t997, Council authorized award of a contract for rigging system renovations at the Roanoke Civic Center Auditorium to Custom Rigging Systems, Inc., in the amount of $98,027.00; during development of contract documents, it was determined that Custom Rigging Systems, Inc., is not incorporated and is a subsidiary of Harris-Johnson Industries, Inc.; all other aspects of the bid, its response and the recommended award remains the same as originally presented; and an amendment by Council to Ordinance No. 33341-042197 is necessary to correct the abovedescribed misnomer. 27 ACTION: The City Manager recommended that Council authorize an amendment to Ordinance No. 3334t-042197, adopted on Monday, April 21, 1997, which will correct the name of the firm for the award of rigging system renovations at the Roanoke Civic Center Auditorium to Harris-Johnson Industries, Inc., dlbla Custom Rigging Systems. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency ordinance: (~33439-061697) AN ORDINANCE amending Ordinance No. 333414)42197 to cowect a misnomer and set for'~;, the correct name of the entity being awarded the bid to renovate the existing rigging system at the Roanoke Civic Center Auditorium; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 581.) Mr. Swain moved the adoption of Ordinance No. 33439-061697. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, Wttite, Harris and Mayor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt was absent.) POLICE DEPARTMENT-GRANTS-COMMUNICATIONS DEPARTMENT-CITY INFORMATION SYSTEMS: The City Manager submitted a written report advising that in October 1996, the Roanoke Police Depar~,ent received information that grant funds would be available through the Depa(bt,ent of Criminal Justice Services for records management upgrades; one of the grant programs addressed funding for assistance as project manager for a technology upgrade project; and hiring of a professional with extensive experience in the law enforcement technology field was identified by City Information Systems as being the best method to ensure that the project progresses in a timely and efficient manner. 28 ACTION: It was further advised that pursuant to Resolution No. 33177- 110496, adopted on November 4, 1996, Council authoriz.e.d the City Manager to execute appropriate d. ocumente for application t.o the Department of Criminal Justice Serv,ces Grant Program for funds ,n the amount of $15,000.00, with the City providing a local cash match of $3,750.00; on December t8, 1996, the City was notified that funds, in the amount of $9,675.00, have been awarded to the Police Department under the grant program, which grant program requires a local cash match of $3,225.00; in March 1997, City Information Systems distributed a Request for Quotations for firms to handle the responsibilities of project manager for the pending upgrade of the Police Records Management System and needed changes to the Communications Computer Aided Dispatch System; and responses to the request have been evaluated, interviews have been conducted, and selection has been completed. The City Manager recommended that Council appropriate $t2,900.00 ($9,675.00 State funds and $3,225.00 local match) to Grant Fund expenditure and revenue accounts to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (ff33440-06t697) 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 582.) Mr. Harris moved the adoption of Ordinance No. 33440-061697. The mo~on was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers 6. NAYS: None .. 0. (Vice-Mayor Wyatt was absent.) HUMAN DEVELOPMENT-LEGISLATION-MANAGEMENT AND BUDGET-YOUTH: The City Manager submitted a written report advising that on April t5, t992, pursuant to Senate Bill 171 and House Bill 935, the Comprehensive Service Act for At-Risk Youth and Families (CSA) was enacted by the Virginia General Assembly, which legislation "created a collaborative interagency system of service and funding that is child-centered, family-focussd, and community-based when addressing the strengths and needs of troubled and at-risk youth and their families"; the CSA established, effective July 1, 1993, a pool of State funds to be expended for public or private non-residential or residential services for the teargeted population of at-risk youth and their families; Resolution No. 31301-011193, adopted by Council on January 1i, 1993, provided for "establishment for the City of Roanoke of a Community Policy and Management Team to be named the Roanoke Interagency Council, pursuant to the Comprehensive Services Act for At-Risk Youth and Families, appointed the membership of such team, provided powers and duties of the team, and designated the legal counsel and a fiscal agent, effective January 1, 1993."; and Section 2.1- 75t of the Act states that "the local governing body may appoint other members to the team including, but not limited to, a local govemment official ...... ". It was explained that the Comprehensive Services Act required the consolidation of eight categorical funding streams from four agencies into a State Funds Pool which is distributed to localities on a formula basis; and membership of the Roanoke Interagency Council (RIC) needs to include the City's Budget Administrator who can provide assistance and direction to the RIC in complying with requirements of State and local audits and address changes in fiscal management required by the State. The City Manager recommended that Council adopt a resolution appointing the Budget Administrator as a representative on the Roanoke Interagency Council. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#33441-061697) A RESOLUTION appointing the City's Budget Administrator to the Roanoke Interagency Council. (For full text of Resolution, see Resolution Book No. 59, page 583.) 30 ACTION: Mr. White moved the adoption of Resolution No. 33441-061697. The motion wee seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Parmtt, Swain, Trout, White, Harris and Mayor Bowers 6. NAYS: None (Vice-Mayor Wyatt was absent.) 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 Allegheny, Botetourt, Craig and Roanoke, and the Cities of Clifton. Forge, Covington, Roanoke and Salem; the Consortium serves the economically disadvantaged and dislocated workers; and the City of Roanoke is the grant recipient for Fifth District Employment and Training Consortium funding, and Council must appropriate funding for all grants and other monies received by the Consortium. It was further advised that the Govemor's Employment and Training Depa,;,,,ent (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 amount, viz: One Stop Planning Grant - $20,000.00 - representing support costs for development of a One Stop Career Center System implementation plan. The City Manager recommended that Council appropriate Fifth District Employment and Training Consortium funding totalling $20,000.00 and increase the revenue estimate by $20,000.00 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.) 31 ACTION: Mr. Swain offered the following emergency budget ordinance: (#32~2-061697) AN ORDIHANCE 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 583.) Mr. Swain moved the adoption of Ordinance No. 33442-061697. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt was absent.) BUDGET-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The City Manager submitted a written report advising that on July 27, 1992, Council authorized establishment of an Agency Fund entitled, "Hotel Roanoke Conference Center Commission (HRCCC)"; operating budget for the HRCCC must be approved by Roanoke City Council and the Virginia Tech Board of Visitors, pursuant to Sections 21B and 21C of the Hotel Roanoke Conference Center Commission Act, which operating subsidies are to be equally divided between the City and Virginia Tech; on June 10, 1997, HRCCC adopted an operating budget for fiscal year 1997-98, which is intended to cover expenses of the Conference Center operations as managed by Double Tree Hotels, Inc.; at its meeting on April 21, 1997, the Virginia Tech Board of Visitors approved its subsidy in the amount of $175,000.00; and the City of Roanoke General Fund budget adopted on May 12, 1997, included the City's subsidy of $175,000.00. The City Manager recommended that Council concur in the following actions: Approve the 1997-98 Hotel Roanoke Conference Center Commission operating budget; 32 ACTION: ACTION: Appropriate $350,000.00 to Conference Center agency fund accounts established by the Director of Finance for Conference Center administration support and other expenses; and Establish revenue estimates of $175,000.00, each, for City and Virginia Tech contributions. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: ($S32 .~.3-061697) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Hotel Roanoke Conference Center Commission Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 584.) Mr. Parrott moved the adoption of Ordinance No. 33443-061697. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers 6. NAYS: None (Vice-Mayor Wyatt was abssnL) Mr. Parrott offered the following resolution: (tt33~.~.~. 961697) A RESOLUTION approving the annual operating budget of the Hotel Roanoke Conference Center Commission for fiscal year 1997-98. (For full text of Resolution, see Resolution Book No. 59, page 586.) Mr. Parrott moved the adoption of Resolution No, 3 .... ~)61697. The motion was seconded by Mr. Swain and adopted by the following vote: 33 AYES: Council Membem Parrott, Swain, Trout, Wlfita, Harris and Mayor Bowers 6. NAYS: None .... 0. (Vice-Mayor Wyatt was absent.) Upon question, the City Manager advised that the fiscal year will end on June 30, and he projected that there will be retained oamings at the end of the fiscal year which will go into the capital reserve. He stated that the Conference Center has exceeded the City's original estimates. The Director of Finance advised that last year, the Conference Center generated $1,283,000.00 in local dollars, which more than adequately paid the debt service on the bonds that were issued to construct the facility, and also funded the $175,000.00 contribution that the City made toward operation of the Hotel Roanoke Conference Center Commission, therefore, the facility is paying for itself. Mr. Swain inquired about Hote! Roanoke operating profits; whereupon, the City Manager advised that officials of Virginia Tech could be requested to present a Council briefing. He stated that The Hotel Roanoke operates as a private business with certain proprietary information that requires normal business protection. The City Manager advised that he would discuss the matter further with Mr. Swain following the Council meeting. DIRECTOR OF FINANCE: BUDGET-SEWERS AND STORM DRAINS-BUILDINGS/BUILDING DEPARTMENT-PARKS AND RECREATION-BRIDGES-CAPITAL IMPROVEMENTS PROGRAM-WATER RESOURCES-STREETS AND ALLEYS: The Director of Finance submitted a written report advising that capital projects of all types have been approved by Council for construction over the past yearn; funding is established for each project when Council approves construction based on the 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 projects are completed within established budgets. ACTION: It was further advised that a number of projects have been completed and can be closed o.ut; remaining funds nccd to be transferred from the completed projects to cap,tal projects still under construction or to capitsl improvement reserve accounts for other future construction; and a proposed budget ordinance will provide for the following: Transfer $132,936.00 in remaining funds from completed projects to the capital improvement reserve to be available for future appropriations; Transfer bond proceeds funds of $6,894.00 to the 1994 Sewage Treatment Bond account for future appropriations; and Transfer remaining funds of $56,786.00 to other related projects still under construction. The Director of Finance recommended that funds from completed capital projects be transferred into appropriate accounts, pursuant to a proposed budget ordinance. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#33445-061697) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Water, Sewage Treatment, and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 586.) Mr. Parrott moved the adoption of Ordinance No. 3~a.a. 5-061697. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, Wlfita, Harris and Mayor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt was absent.) 35 CITY ATTORNEY: ACTION: CITY CODE-LEGISLATION: The City Attomey submitted a written report advising that since 1982, Council has reenacted and recodified the City Cede on an annual basis, in order to properly incorporate amendments made by the Virginia General Assembly at the previous Session to Stats statutes that are incorporated by reference in the City Cede, which procedure ensures that ordinances cedified in Roanoke's Code incorporate current provisions of Stats law; and this year, the procedure is more important because of the massive recodificatlon of Title 15.1, Code of Virginia (1950), as amended, relating to local government, as new Title 15.2, which will be effective October 1, t997. 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. Harris offered the following emergency ordinance: (#33446-061697) AN ORDINANCE to readopt and reenact the Cede of the City of Roanoke (1979), as amended; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 589.) Mr. Harris moved the adoption of Ordinance No. 33446-061697. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers 6. NAYS: None. 0. (Vice-Mayor Wyatt was absent.) CITY CODE-COUNCIL-LEGISLATION: The City Attorney submitted a written report transmitting three proposed measures relating to meetings of City Council. 36 ACTION: The City Attorney advised that the first measure is an ordinance that amends Rule I of Council to provide that,, after July 1, 1997, Council will meet at 12:15 p.m., on the first and tfurd Mondays of each month; the second measure confo~ii;~ the City's procedures relating to Council meetings to the requirements of new Title 15.2, ~GU]]UM~ ~ of the State Code which will be effective on October t, 1997; Section t5.2-1416 will require that Council hold an organizational meeting at its first meeting in July of each year, at which meeting, Council will be required to adopt a resolution establishing its meeting schedule (days, times and places of regular meetings) for the fiscal year, and thereafter, if Council desires to amend the regular meeting schedule, a resolution establishing the future meeting date, place or time will have to be adopted. He explained that a copy of the amendatory resolution will have to be posted at the door of the City Council Chamber and published in a newspaper of general circulation at least seven days prior to the affected meeting; Section 15.2-1416 also provides authority for the Mayor to postpone a regular meeting of Council in case of a weather emergency, and provides new authority that regular meetings may be adjourned without further public notice from day to day or from time to time or from place to place not beyond the time fixed for the next regular meeting; and the third measure will change the time and place for the July 7, 1997, Council meeting to commence at 12:t 5 p.m., at the Virginia Museum of Transportation, 303 Norfolk Avenue, S. W. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#33447-061697) AN ORDINANCE amending and reordaining Rule 1, r~, of §2-15, f~ of the Code of the City of Roanoke (1979), as amended, to provide for a new schedule of regular meetings of City Council, effective July 1, 1997; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 591.) Mr. Harris moved the adoption of Ordinance No. 33447-061697. The motion was seconded by Mr. Swain and adopted by the following vote: 37 ACTION: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt was absent.) Mr. Parrott offered the following emergency ordinance: (~3~.~.~-061697) AN ORDINANCE amending and reordaining Rule t, Reaular meetin_as, of §2-15, ~J~, of the Code of the City of Roanoke (t979), as amended, to provide for regular meetings, an organizational meeting, amendments to meeting schedule, continuance of a meeting due to emergency and adjoumment of meetings; and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 59, page 592.) Mr. Parrott moved the adoption of Ordinance No. 32~.~.~-061697. The motion was seconded by Mr. Harris and adopted by the following vote: ACTION: Mayor Bowers NAYS: None (Vice-Mayor Wyatt was absent.) Mr. Swain offered the following resolution: AYES: Council Members Parrott, Swain, Trout, White, Harris and 6. (#33449-061697) A RESOLUTION changing the time and place of commencement of the regular meefJng of City Council scheduled to be held at 12:30 p.m., on Monday, July 7, 1997. (For full text of Resolution, see Resolution Book No. 59, page 595.) Mr. Swain moved the adoption of Resolution No. 33449-061697. The motion was seconded by Mr. Harris and adopted by the following vote: 38 AYES: Council Members Parrott, Swain, Trout, ~!lJte, Harris and Mayor Bowers C. NAYS: None... 0. (Vice-Mayor Wyatt was absent.) REPORTS OF COMMITTEES: BUDGET-ROANOKE CiViC CENTER-CAPITAL IMPROVEMENTS PROGRAM: Council Member Parrott, Chairperson, Bid Committee, presented a written report on behalf of the Bid Committee, in connection with bida received by the City for cleaning and restoration of the exterior of the Roanoke Civic Center. The Bid Committee recommended that Council concur in the following actions: Authorize the City Manager to enter into a contractual agresment with Williams Painting and Remodeling, Inc., in a form to be approved by the City Attorney, in the amount of $65,400.00 and 90 consecutive calendar days to complete the work; Transfer funds from the 1996 Public Improvement Bond Issue to a Capital account entitled, "Cleaning and Restoration - Exterior of Roanoke Civic Center", as follows: Contract Amount Contingency Total $65,400.00 5.600.00 The estimated cost of Bid Items 1, 2, and 3 totaled $100,000.00, the designated amount for the project; due to the amount of the Iow bid, an additional appropriation of $29,000.00 is desirable to apply aesler to the exterior surfaces following cleaning and painting, which would be within the budgeted amount of $100,000.00; and Reject the other bid received by the City. 39 ACTION: 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: (#33450-061697) 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 595.) Mr. Parrott moved the adoption of Ordinance No. 334504)61697. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt was absent.) PUBLIC WORKS-EQUIPMENT: Council Member Parrott, Chairperson, Bid Committee, presented a written report on behalf of the Bid Committee, in connection with bids received by the City for removal of four 20,000 gallon steel fuel tanks, and replacement with four 10,000 gallon FRP single wall tanks at the Public Works Service Center. The Bid Committee recommended that Council authorize the City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney, with S. J. Conner and Sons, Inc., in the amount of $99,995.00, and 49 consecutive calendar days to complete the work; and that all other bids received by the City be rejectad. The City Manager submitted s written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) 40 ACTION: Mr. Parrott offered the following emergency ordinance: (#33451-061697) AN ORDINANCE accepting the bid of S. J. Conner and Sons, Inc., for the removal of four 20,000 gallon steel fuel tanks and to replace them with four 10,000 gallon FRP single well tenks and related work, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; 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 596.) Mr. Parrott moved the adoption of Ordinance No. 33451-061697. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers 6. NAYS: None (Vice-Mayor Wyatt was absenL) CITY PROPERTY-CHURCH AVENUE PARKING GARAGE- CENTURY STATION PARKING GARAGE-TOWER PARKING GARAGE- WILLIAMSON ROAD PARKING GARAGE-REPUBLIC PARKING SYSTEM, INC.-MARKET SQUARE PARKING GARAGE: Kit B. Kiser, Director, Utilities and Operations, presented a written report on behalf of a committee, regarding proposals for management and operation of parking structures and parking lots. He advised that management and operation of City parking facilities has been provided by the Greater Roanoke Transit Company (GRTC) on a temporary basis since September 26, 1996, when the previous contract with Republic Parking System wes terminated; fees paid to GRTC for temporary operation and management do not cover all costs, therefore, continuation of the current arrangement on a long-term basis is not an option; competitive negotiation, as opposed to competitive sealed bidding, was approved by Council on August 19, 1996, as the selection method most advantageous to the City in securing management and operating services for the parking facilities; and proposals were received on March 7, 1997, following public advertisement for management and operation of the following facilities, effective July 1, 1997, or as soon thereafter as possible: 4! Century Station Parking Garage Church Avenue Parking Garage Market Square Parking Garage Tower Parking Garage Williamson Road Parking Garage Viaduct Parking Lot Williamson Road Parking Lot It was explained that following review of all proposals, AIIright Roanoke Parking, Inc., and Greater Roanoke Transit Company were deemed to be the most qualified and were selected for competitive negotiation. The committee recommended that Council authorize acceptance of the proposal submitted by AIIright Roanoke Parking, Inc., and execution of a contract document, as said document was provided to prospective proposers, in a form to be approved by the City Attorney. 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 ordinance: (#33452-061697) AN ORDINANCE accepting the proposal of AIIright Roanoke Parking, Inc., for the management and operation of certain parking facilities for a term of five years, with a renewal option, upon certain terms and conditions; awarding a contract therefor; authorizing the proper City officials to execute the requisite contract; rejecting all other proposals made to the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 597.) Mr. Parrott moved the adoption of Ordinance No. 33452-061697. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers ........... ~- NAYS: None 0. (Vice-Mayor Wyatt was absent.) BUDGET-HUMAN DEVELOPMENT-COMMITTEES-CULTURAL SERVICES COMMII'rEE: Sandra W. Rysls, Chairperson, Cultural Services Committee, presented s written report on behalf of the Committee, advising that the Cultural Services Committee's budget was established by Council, pursuant to Ordinance No. 33382-051297, adopted May 12, 1997; requests from 19 agencies were received totalling $901,375.00; and the budget for fiscal year 1997-98, approved by Council, provides available funding allocation for fiscal year 1997-98 in the amount of $441,204.00. The Cultural Services Committee recommended that Council concur in the following actions: Allocate funding to agencies in amounts recommended on payment of funds to agencies after objectives, activities, and/or other reasonable requests of the monitoring staff are submitted and accepted; Transfer $441,204.00 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; and Transfer $10,000.00 from the Health Department, Account No. 0014)54-5110-3700, to Memberships and Affiliations, Account No. 001-002-7220-3753, Sister Cities, International. (For full text, see report on file in the City Clerk's Office.) 43 ACTION: ACTION: Mr. Trout offered the following emergency budget ordinance: (~33453-06t697) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 598.) Mr. Trout moved the adoption of Ordinance No. 33453-061697. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Pawott, Swain, Trout, White, Harris and Mayor Bowers 6. NAYS: None -0. (Vice-Mayor Wyatt was absent.) The Mayor inquired if other local governments in the Roanoke Valley provide funding for the Roanoke Valley Sister Cities Committee; whereupon, the City Manager advised that he would make the appropriate inquiries and advise Council accordingly. Mr. Trout offered the following resolution: (#33454-961697) A RESOLUTION concurring in the recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies for Fiscal Year 1997-1998. (For full text of Resolution, see Resolution Book No. 59, page 600.) Mr. Trout moved the adoption of Resolution No. 33454-061697. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt was absent.) 44 BUDGET-HUMAN DEVELOPME..N.T-COMM. ITTEES-HUMAN SERVICES COMMITTEE: Glenn D. Radchfr~, Chalrpereon, Human Services Committee, presented a written report on behalf of the Committee, advising that the Human Services Committee's budget was established by Council, pursuant to Ordinance No. 33382-051297, by which the General Fund budget for fiscal year 1997-98 was adopted on May 12, t997; and requests from 32 agencies were received totalling $737,569.00. The Human Services Committee recommended that Council concur in the following actions: Allocate funding to agencies in the amounts recommended on Attachment A to the Committee's 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; Transfer $421,267.00 from Human Services Committee, Account No. 00.1-054-5220-3700, to new line items to be established with,n the Cultural Services Committee budget by the Director of Finance; and Authorize the City Manager, or his designee, to negotiate a contract for $26,996.00 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 following negotiation. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (~r33455-061697) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 601.) ACTION: ACTION: Mr. White moved the adoption of Ordinance No. 33455-061697. 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. 0. NAYS: None .. (Vice-Mayor Wyatt was absent.) Mr. White offered the following resolution: (#33456-06t697) A RESOLUTION concurring in the recommendations of the Human Services Committee for allocation of City funds to various nonprofit agencies and performance audits for Fiscal Year 1997-1998, and authorizing the City Manager, or his designee, to negotiate a contract with The Salvation Army for provision of services under the Homeless Housing Program and/or Abused Women's Shelter. (For full text of Resolution, see Resolution Book No. 59, page 603.) Mr. White moved the adoption of Resolution No. 33456-061697. 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: None 0. (Vice-Mayor Wyatt was absenL) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: COMPLAINTS-YOUTH-VALLEYVIEW MALL-SCHOOLS-STREETS AND ALLEYS: Mr. William Parentl, 3544 Courtland Road, N. W., advised that there is considerable concern in his neighborhood regarding safety issues surrounding the Huff Lane Micro Village as a result of construction of the Valley View Extension Road, and the fact that the read is preposed to be constructed 55 feet from an elementary school attended by third, fourth and fifth grade students, and a preposed berm will be constructed with trees at the comer of Huff Lane Micro Village which will decrease the distance from the school to 40 feet. He explained that two restaurants on Hershberger Road were relocated when Valley View Boulevard was constructed, and inquired as to why the Tire America building cannot be relocated which will enable the road to go through that area rather than so close to school property. He stated that the safety of the children must be paramount and planners should ensure that there is no way that a child can get across the berm to a four4ane congested roadway. He further stated that any access to the roadway must be far away from Huff Lane Micro Village, and the neighborhood would prefer a brick wall or decorative concrete in lieu of a plain concrete wall. He called attention to conflicting reports from the School Board and the City.a? to when the work will commence - the City advises that the work ~nll start before the next school year ends and the School Board advises that the work will start after the next school year ends. He stated that construction should begin after the school year ends because students should not be expected to occupy a closed school building in 80 degree weather. Ms. Kathy Paranti, 3~=~.~. Courtland Road, N. W., advised that as one member of the community, she is of the opinion that neighborhood concerns have not been considered in the decisionmaking process. She stated that residents of the area have inquired about an alternative route, only to be told that it would not be financially feasible for the developer. She added that an alternative solution has been proposed to the City which is a viable alternative that will address the community's concerns and enable the road to be constructed farther away from the neighborhood, while addressing the stipulations of maintaining a 35 mile per hour speed limit as well as a road to the airport. She stated that the developer and the City will recoup any losses over a short period of time, but the community will not recoup damage done to the neighborhood should the road be constructed as presently proposed. She advised that as a parent of children attending Huff Lane Micro Village, she is concerned about safety and an uninterrupted leaming atmosphere, because the proposed road will be 55 feet away from the school and with the addition of the berm, the road will be 40 feet away from the school, and with all safety precautions in place, the road will be too close to Huff Lane Micro Village. She stated that there is more than enough space available for an altornative route, but the City must place the children and the community first, not the developer. ZONING-COMPLAINTS-STREETS AND ALLEYS: Ms. Carolyn Fields, 706 10th Street, N. W., expressed opposition to a proposed rezoning of six parcels of land lying on the west side of 10th Street, N. W., for the proposed construction of a Rite-Aid Drug Store. She advised that she does not wish to live next door to the establishment which will be less than six feet from her property line. She stated that five young children reside in her home and expressed concem relative to safety as a result of additional vehicular traffic, devaluation of her property, and persons will congregate in the alley behind her home engaging in unacceptable behavior. She requested that Council deny the proposed rezoning. Ms. Barbara Dillard, 1721 Center Avenue, N. W., addressed Council in support of the remarks of Ms. Fields. The Mayor advised that Council will hold a public hearing on the matter at the 7:00 p.m. session, and invited Ms. Fields to attend the meeting to express her concerns. At 4:50 p.m., the Mayor declared the meeting in recess. At 5:50 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 Trout and Vice- Mayor Wyatt. ACTION: 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 mot]on 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: 48 AYES: Council Membere Parrott, Swain, White, Harris and Mayor Bowers.. ' ...................... 5. NAYS: (Vice~layor Wyatt and Council Member Trout were absent.) OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayer advised ~et the. re is.a vacancy on the Youth Services Citizen Board created by resignation of Ronald L. Turner, and called for nominations to fill the vacancy. ACTION: Mr. Harris placed in nomination the name of Adam G. Herbert. There being no further nominations, Mr. Herbert was elected as a member of the Youth Services Citizen Board, for a term ending May 31, 2000, by the following vote: FOR MR. HERBERT: Council Members Parrott, Swain, White, Harris and Mayor Bowers-- - ..... 5. (Vice-Mayor Wyatt and Council Member Trout were absent.) · uu~r~ =./onKInson, Jr., as a m.e..mber of the Board of Trustees, City of Roanoke. Pension Plan, ~nll expire on June 30, 1997, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Robert E. Tonkinson, Jr. There being no further nominations, Mr. Tonkinson was reelected ~os a .member of the Board of Trustees, City of Roanoke Pension Plan, r a ~erm ending June 30, 2001, by the following vote: FOR MR. TONKINSON: Council Members Parrott, Swain, White, Harris and Mayor Bowers --5. (Vice-Mayor Wyatt and Council Member Trout were abeent.) ACTION: OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT: The Mayor advised that the terms of office of William L. Bova, Elizabeth S. Doughty, James O. Trout, and Linda F. Wyatt as members of the Economic Development Commission will expire on June 30, 1997, and called for nominations to fill the vacancies. Mr. Harris placed in nomination the names of William L. Bova, Elizabeth S. Doughty, James O. Trout, and Linda F. Wyatt. There being no further nominations, Messrs. Bova and Trout, Ms. Doughty, and Ms. Wyatt were reelected as members of the Economic Development Commission, for terms ending June 30, 2000, by the following vote: FOR MESSRS. BOVA AND TROUT, MS. DOUGHTY, AND MS. WYATT: Council Members Parrott, Swain, White, Harris and Mayor Bowers 5. (Vice-Mayor Wyatt and Council Member Trout were absent.) OATHS OF OFFICE-COMMITTEES-COMMUNITY PLANNING-FIFTH PLANNING DISTRICT COMMISSION: The Mayor advised that the terms of office of C. Nelson Harris, J. Lee E. Osborne, and Marsha C. Fielder as members of the Fifth Planning District Commission will expire on June 30, 1997, Ms. Fielder has declined to serve another term, and called for nominations to fill the vacancies. Mr. Harris placed in nomination the names of C. Nelson Harris and J. Lee E. Osborne. There being no further nominations, Messrs. Harris and Osborne were reelected as members of the Fifth Planning District Commission, for terms ending June 30, 2000, by the following vote: FOR MESSRS. HARRIS AND OSBORNE: Council Members Parrott' Swain, White, Harris and Mayor Bowers 5. (Vice-Mayor Wyatt and Council Member Trout were absent.) AYES: Council Members Parrott, Swain, White. Harri, .a~d Mayor Bowers 5. NAYS: Nono. O. (Vice-Mayor Wyatt and Councd Member Trout ware absenL) OATHS OF OFFICE-COMMITTEES-YOU.T..H.: The Mayor advised that there is a vacancy on the Youth Services C,tizen Board created by the resignation of Ronald L. Tumer, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Adam G. Herbert. Them being no further nominations, Mr. Herbert was elected as a member of the Youth Services Citizen Board, for a term ending May 3t, 2000, by the following vote: ACTION: FOR MR. HERBERT: Council Members Parrott, Swain, White, Harris and Mayor Bowers 5. (Vice-Mayor Wyatt and Council Member Trout were absent-) OATHS OF OFFICE.COMMITTEES-PENSIONS: The Mayor advised that the term of office of Robert E. Tonkinson, Jr., as a member of the Board of Trustees, City of Roanoke Pension Plan, will expire on June 30, 1997, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Robert E. Tonkinson, Jr. There being no further nominations, Mr. Tonkinson was reelected as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2001, by the following vote: FOR MR. TONKINSON: Council Members Parrott, Swain, White, Harris and Mayor Bowers 5. (Vice-Mayor Wyatt and Council Member Trout were absent-) OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT: I The Mayor advised that the terms of o.ffice of William L. Bova, Elizabeth S. Doughty, James O. Trout, and L, nda F. Wyatt as members of the Economic Development Commission will expire on June 30, 1997, and called for nominations to fill the vacancies. Mr. Harris placed in nomination the names of William L. Bova, Elizabeth S. Doughty, James O. Trout, and Linde F. Wyatt. There being no further nominations, Messrs. Bova end Trout, Ms. Doughty, and Ms. Wyatt were reelected as members of the Economic Development Commission, for terms ending June 30, 2000, by the following vote: FOR MESSRS. BOVA AND TROUT, MS. DOUGHTY, AND MS. WYATT: Council Members Parrott, Swain, White, Harris and Mayor Bowers 5. (Vice-Mayor Wyatt and Council Member Trout were absenL) OATHS OF OFFICE-COMMITTEES-COMMUNITY PLANNING-FIFTH PLANNING DISTRICT COMMISSION: The Mayor advised that the te,,,,s of office of C. Nelson Harris, J. Lee E. Osborne, and Marsha C. Fielder as members of the Fifth Planning District Commission will expire on June 30, 1997, Ms. Fielder has declined to serve another term, and called for nominations to fill the vacancies. Mr. Harris placed in nomination the names of C. Nelson Harris and J. Lee E. Osborne. There being no further nominations, Messrs. Harris and Osborne were reelected as members of the Fi;',:, Planning District Commission, for terms ending June 30, 2000, by the following vote: ACTION: FOR MESSRS. HARRIS AND OSBORNE: Council Members Parrott, Swain, White, Harris and Mayor Bowers ...... 5. (Vice-Mayor Wyatt and Council Member Trout were absent.) ACTION: ACTION: COMMITTEES-FLOOD REDUCTION/CONTROL: The Mayor advised that the 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 will expire on June 30, 1997, and called for nominations to fill the vacancies. Mr. Harris placed in nomination the names 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. There being no further nominations, Messrs. Bennett, Claytor, Grove, Lunsford, Shaffer, Tinsley, Wheeler and Ms. Hill were reelected as members of the Flood Plain Committee, for terms ending June 30, 1998, by the following vote: FOR MESSRS. BENNETT, CLAYTOR, GROVE, LUNSFORD, SHAFFER, TINSLEY, WHEELER AND MS. HILL: Council Members Parrott, Swain, White, Harris and Mayor Bowers (Vice-Mayor Wyatt and Council Member Trout were absent.) CITY EMPLOYEES. The Mayor advised that the terms of office of Jeannette E. Hardin and Alphonso L. Hollan.d, Sr., as members of the Personnel and Employment .Practices Comm,ssion will expire on June 30, 1997, and called for nom,nations to fill the vacancies. Mr. Harris placed in nomination the names of Jeannette E. Hardin and Alphonso L. Holland, Sr. There being no further nominations, Ms. Hardin and Mr. Holland were reelected as members of the Personnel and Employment Practices Commission, for terms ending June 30, 2000, by the following vote: FOR MS. HARDIN AND MR. HOLLAND: Council Members Parrott, Swain, White, Harris and Mayor Bowers 5. (Vice-Mayor Wyatt and Council Member Trout were absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS I COMMISSION: The Mayor advised that the terms of office of Lucy L. Hazlegrove, Mark C. Scala, and Ann L. Weinstein as members of the Roanoke Arts Commission will expire on June 30, 1997, and called for nominations to fill the vacancies. Mr. Harris placed in nomination the names of Lucy L. Hazlegrove, Mark C. Scala, and Ann L. Weinstein. There being no further nominations, Ms. Hazlegrove, Mr. Scala, and Ms. Weinstein were reelected as members of the Roanoke Arts Commission, for terms ending June 30, 2000, by the following vote: FOR MS. HAZLEGROVE, MR. SCALA, AND MS. WEINSTEIN: Council Members Par~ott, Swain, White, Harris and Mayor Bowera--5. (Vice-Mayor Wyatt and Council Member Trout were absent.) OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Mayor advised that the terms of office of Rochelle S. Nolan and Brooke M. Parrott as members of the Roanoke Public Library Board will expire on June 30, 1997, and called for nominations to fill the vacancies. Mr. Harris placed in nomination the names of Rochelle S. Nolan and Brooke M. Parrott. There being no further nominations, Ms. Nolan and Ms. Parrott were reelected as members of the Roanoke Public Library Board, for terms ending June 30, 2000, by the following vote: FOR MS. NOLAN AND MS. PARROTT: Council Members Parrott, Swain, White, Harris and Mayor Bowers 5. (Vice-Mayor Wyatt and Council Member Trout were absent.) COMMITTEES-SPECIAL EVENTS: The Mayor advised that the terms of office of Dorothy L. Bull, Catherine Fox, Peter R. Lampman, Sabrina T. Law, Estelle H. McCadden, Samuel G. Oakey, II, Margaret C. Thompson, Allen T. Wilson, Sara L. McGhee, and Michael A. Russell as members of the Special Events Committee will expire on June 30, 1997; the City Clerk has been unable to contact Ms. McGhee to determine if she is willing to serve another term, and Mr. Russell has declined to serve another term; and called for nominations to fill the vacancies. ACTION: ACTION: Mr. Harris placed in nomination the names of Dorothy L. Bull, Catherine Fox, Peter R. Lampman, Sabrina T. Law, Eatelle H. McCadden, Samuel G. Oakey, II, Margaret C. Thompson, and Allen T. Wilson. There being no further nominations, Messrs. Lampman, Oakey, Wilson, and Ms. Bull, Ms. Fox, Ms. Law, Ms. McCadden, and Ms. Thompson were reelected as members of the Special Events Committee, for terms ending June 30, 1998, by the following vote: FOR MESSRS. LAMPMAN, OAKEY, WILSON AND MS. BULL, MS. FOX, MS. LAW, MS. MCCADDEN, AND MS. THOMPSON: Council Members Parrott, Swain, White, Harris and Mayor Bowers-- 5. (Vice-Mayor Wyatt and Council Member Trout were absent.) COMMITTEES-WAR MEMORIAL: The Mayor advised that the terms of office of Robert O. Gray, W. Robert Herbert, Sloan H. Hoopss, Daniel E. Karnss, Alfred C. Moore, Carroll E. Swain, and James O. Trout as members of the War Memorial Committee will expire on June 30, 1997, and called for nominations to fill the vacancies. Mr. Harris placed in nomination the names of Robert O. Gray, i W. Robert Herbert, Sloan H. Hoopes, Daniel E. Kames, Alfred C. Moore, Carroll E. Swain, and James O. Trout. There being no further nominations, Messrs. Gray, Herbert, Hoopes, Karnes, Moore, Swain and Trout were reelected as members of the War Memorial Committee, for terms ending June 30, 1998, by the following vote: FOR MESSRS. GRAY, HERBERT, HOOPES, KARNES, MOORE, SWAIN AND TROUT: Council Members Parrott, Swain, White, Harris and Mayor Bowers --~---5. (Vice-Mayor Wyatt and Council Member Trout were absenL) At 5:55 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Monday, June 16, 1997, 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, Mayor Bowers presiding. PRESENT: Council Members John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., C. Nelson Harris and Mayor David A. Bowers 6. ABSENT: Vice-Mayor Linda F. Wyatt 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 Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS: PROCLAMATIONS-ACTS OF ACKNOWLEDGEMENT: The Mayor presented a proclamation declaring Monday, June 16, 1997, as "George Lynch Day" in the City of Roanoke, and he also presented Mr. Lynch with a Key to the City. REPORTS OF COMMITTEES: ELECTIONS-COUNCIL: Following a public hearing on Monday, April 22, 1996, with regard te whether the qualified voters of the City of Roanoke desire a referendum on 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, the City Manager was instructed 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. Specifically, the Task Force shall be comprised of one member from each neighborhood organization in the Roanoke Neighborhood Partnership and such other neighborhood organizations with elected membership, : by-laws, .and regular meeti.ngs, and me.m. bers of each neighborhood L I organization shall elect the,r reprsssntetive to the Task Force. ,.~ ! Michael F. Urbanski, Chairperson, Modified Election District Task Force, presented the final report of the Task Force recommending that Council consist of seven total members, with five members representing five different election districts of the City (from election district boundaries drawn in the five-district map presented in Appendix C to the report) and two at-large members serving as Mayor and Vice-Mayor, who would be elected separately, advising that given the new system, and following necessary legislative and Department of Justice approvals, the Task Force further recommended that the Mayor and three district representatives be elected in the year 2000 and the Vice-Mayor and two district rsprssentetives be elected in the year 2002; and the Mayor, Vice-Mayor, and five district representatives serve four- year terms. (For full text, see report on file in the City Clerk's Office.) Mr. Urbanski advised that the Task Force was charged with the responsibility of delivering to Council a report reflecting the best modified ward plan, not to debate the merits of the present at large system versus the modified ward system, and the Task Force avoided weighing the pros and cons of the two systems. He reviewed guidelines under which the Task Force functioned which are set forth on pages 25 and 26 of the report, and pointed out that in the 11 meetings which were held, the clear favorite was the five election district plan. He stated that at the last meeting of the Task Force in May, at which time seven voting members were present and two members voted by proxy, the majority of the Task Force favored leaving the size of City Council at seven members; individual members of the Task Force have appended their views to the report; and the Task Force requested that he convey to Council that the clear majority of those members in attendance at the May meeting favored submission of the issue to the voters by referendum. He explained that in applying the new system to the current cycle of elections, the first election under the system would be that of Mayor and three ward representatives in the year 2000, and the Vice-Mayor and two Council Members in the year 2002, and the Task Force did not make a recommendation on which seats should be up for election initially, but left that decision to the judgement of Council. Jeri N. Rogers, Member, Modified Election District Task Force, advised that on March 18, 1997, the Greater Deyerle Neighborhood Association hosted a meeting to receive public opinion, and over 300 persons were in attendance. She stated that it is obvious that there is dissatisfaction with the current process of electing Council Members, and there are citizens who believe that there is a lack of accountability from City Council. She urged that Council refer the question to referendum so that the citizens will have an opportunity to cast their vote on the issue. ACTION: ACTION: Lisa W. Farthing, Member, Modified Election District Task Force, advised that the vast majority of Task Force Members believe that Council should send the question to referendum for a decision by the voters. Following discussion of the report and questions by Council, Mr. Trout moved that the matter be referred to the City Attorney and the City Clerk for the purpose of advertising a public hearing to be held in the Exhibit Hall at the Roanoke Civic Center to receive the views of citizens. The motion was seconded by Mr. Swain and adopted. It was the consensus of Council to hold at lease two workshops to review the report and to address specific questions. Mr. Parrott moved that the Modified Election District Task Force be disbanded with appreciation for their work. The motion was seconded by Mr. Swain and adopted. PUBLIC HEARIN(~$; 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 16, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of David W. Jones that a certain tract of land located on the no,'U, side of Cove Road, N. W., containing 5.78 acres, identified as Official Tax No. 6410111, be rezoned from RS-3, Residential Single-Family District, to RM-3, Residential Multifamily, High 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 ~at/19~f~_~ on Thursday, May 29, 1997, and Thursday, June 5, ~ 1997, and in the ~ on Thursday, June 5, 1997. I1,~ · (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 construct an assisted living facility, and the petitioners propose to develop facilities similar to "Greenwood Assisted Living" in Blacksburg, Virginia, was before Council. The Planning Commission recommended that Council approve the request for rszoning. (For full text, see report on file in the City Clerk's Office.) Edward A. Natt, Attorney, representing the petitioner, appeared before Council in support of the request of his client. ACTION: Mr. Trout moved that the following ordinance be placed upon its first reading: (#33457) AN ORDINANCE to amend ~36.t-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. 60, page 1.) 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. There being none, Ordinance No. 33457 was adopted, on its first reading, by the following vote: AYES: Council Members Parrott, Swain, Trout, 1Nhite, Harris and Mayor Boware 6. NAYS: None (Vice-Mayor Wyatt was absent.) 57 ZONING: Pursuant to Reeolution No. 25523 adopted by the I Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 16, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City Planning Commission that t14 parcels of land in the Norwich neighborhood located in the southwest quadrant of the City, bounded generally by Penn Street or Charlevoix Court on the north, Roanoke Avenue on the south, Ashlawn Street on the east, and Bridge Street or Irvine Street on the west, Official Tax Nos. 1420801, 1420802, 1420803, 1420804, 1420805, 1420806, 1420807, 1420808, 1420809, 1420810, 1420811. 1420821 1420907 1420914 1421016 1421114 1421121 1420922 1421004 1421102 1420812, 1420816 1420817, 1420818, 1420819, 1420820, 1420824, 1420825, 1420826, 1420827, 1420910, 1420911, 1420912 1421012, 1421013, 1421014 1421110, 1421111, 1421112 1420822, 1420823 1420908, 1420909 1421010, 1421011 1421017, 1421018 1421115, 1421116 1421122, 1420916 1420923, 1420924 1421005, 1421006 1421103, 1421104, 1421105 1421118, 1421119 1420919, 1420920 1421001, 1421002 1421008, 1421009 1421106, 1421107 1421117 1420917 1420925 1421007 1421109, 1420315, 1420316, 1420317 i 1420321, 1420322, 1420323, 1420509 1420513, 1420514, 1420515, 1420516 1420504, 1420505, 1420506, 1420507 1420913, 1421015, 1421113, 1421120, 1420921, 1421003, 1421101, 1421108, 1420404, 1420405, 1420406, 1420407, 1420408, 1420409, be rezoned from HM, Heavy Manufacturing District, to RS-3, Residential Single- Family District; 48 parcels of land bounded generally by Roanoke Avenue on t~e north, Norwich Park on the east, and Bridge Street on the west, Official Tax Nos. 1421601, 1421602, 1421603, 1421201, 1421202, 1421203, 1421627, 1421628, 1421629, 1421204, 1421205, 1421206, 1421207, 1421208, 1421209, 1421210, 1421211, 1421215, 1421217, 1421218, 1421219, 1421220, 1421221, 1421222, 1421223, 1421224, 1421301, 1421303, 1421304, 1421308, 1322201, be rezoned from LM, Light Manufacturing District, to RS-3, Residential Single- Family District; six parcels of land bounded generally by Norfolk Southem Railway lines on the north and Roanoke Avenue on the south, including one parcel on the south side of Roanoke Avenue, Official Tax Nos. 1322002, 1322003, 1322004, 1322026, 1322027 and 1322201, be rezoned from LM, Light Manufacturing District, to RS-3, Residential Single-Family District; three parcels of land owned by the City of Roanoke, bounded on the north by Roanoke Avenue and on the west 1420318, 1420319, 1420320, 1420510, 1420511, 1420512, 1420501, 1420502, 1420503, 1420508, 1420402, 1420403, by Rolfa Street, Official Tax Nos. 1322110, 1421402 and 1421405, be rezoned fro..m LM, Light Manufacturing District, to RS-3, Residential Single-Family District; and three parcels of land on the east s,de of Bridge Street, Official Tax Nos. 1420314, 1420901 and 1420926, be rezoned from HM, Heavy Manufacturing District, to CN, Neighborhood Commercial District, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Time~ on Thursday, May 29, 1997, and Thursday, June 5, t997, and in the ~ on Thursday, June 5, t997. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purposes of the requests for rezoning are to promote the intent of the City's Comprehensive Plan and zoning regulations and to further general welfare and good zoning practices by: (1) making the existing uses of the subject properties consistent with the proper zoning category, (2) ensuring that the subject properties will be used in the future in a manner that will not negatively impact adjoining properties, and (3) facilitating preservation of the neighborhood; proposed areas for rezoning to RS-3, Residential Single-Family District, and to CN, ~ Neighborhood Commercial District, consist of.a total of 174 parcels for i a combined area of 23 acres, more or less, the area proposed for rezoning to RS-3 is comprised of 171 parcels, which include approximately 107 residences, three churches, a City perk, a recreation center, two businesses and a relatively small number of vacant lots; and the area proposed to be rezoned to CN is made up of two structures situated on three parcels of land, was before Council. The Planning Commission recommended that Council approve the requests for rszonings, with the exception of Official Tax No. 1421305 (the oil storage warehouse), finding that the area to be rezoned is a viable neighborhood with an active park and churches; neighborhood character and environmental quality would be protected, conserved and enhanced; and small-scale neighborhood services would be retained. (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: (#33458) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 132 and 142, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the city. (For tull text of Ordinance, see Ordinance Book No. 60, page 2.) 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 requests for rezonings. John R. Mariles, Agent, City Planning Commission, advised that last year, a group of residents from the Norwich section of the City requested assistance in rezoning their neighborhood from Heavy Manufacturing and Light Manufacturing Districts to residential zoning. He stated that residents were concerned because they could not make improvements or repairs since their properties are in a non-conforming LM and ..H.M zone. He explain, ed. that the matter was ultimately re.ferred to the .C.,ty Planning Comm. ,..ss~on for report and recommendation to Counc,I; after studying ex~sting land use and zoning patterns in the area and conducting two neighborhood workshops, City Planning staff recommended to the City Planning Commission that 114 parcels of land be rezoned from HM to RS-3, that 57 parcels be rezoned from LM to RS- 3, and that three parcels be rezoned from HM to CN. He stated that at the City Planning Commission public hearing on May 7, 1997, a parcel of land owned by Mr. Coy Bolling, which was the former school on Roanoke Avenue, and is currently used as an oil storage warehouse, was deleted from the proposed rezoning, pursuant to advice by the City Attorney's Office that rezoning this particular parcel of land which is currently in business use could constitute a possible down zoning of the property. He advised that in making the recommendation, both the City Planning staff and the City Planning Commission considered a number of factors, including the plight of the residential property owners who cannot make substantial improvements to their homes, the needs of adjacent business owners who located in the area alter it was rezoned to industry in the mid 1960's, and existing land uses and the existing zoning pattern in the area. He stetsd that the Planning 6O Commission considered the recommendations of the Ci.ty's Comprehensive Plan, and in voti. ng for the proposed rezon,ng, members of the City Planning Comm,ssion found the area to be a viable neighborhood with an active park, churches and neighborhood businesses. He advised that approval of the rezoning will help conserve and enhance the residential portion of the neighborhood while allowing residents to make improvements to their properties, and every attempt was made to not make any business or industrial property non-conforming. Mr. Marlles advised that the City Planning Commission was unaware until recently that there was opposition to the rezoning by some property owners on Buford Avenue. He stated that at the City Planning Commission public hearing, Mr. Joseph E. Wells, who is the owner of six properties on Buford Avenue, S. W., requested that his lots be deleted from the rezoning; however, alter considering the matter, the City Planning Commission agreed to keep the lots as a part of the area to be rezoned. Mr. Parrott expressed concern about down zoning over the opposition of property owners, because the properties would be going from a more intense to a lass intense use, and a citizen has a right to use his or her property for the purpose for which it was purchased. He I~ stated that it would be his suggestion to either take those propertlss in question out of the rezoning, or to send the entire matter back to the City Planning Commission for further study and report. The Mayor called attention to concerns that were expressed at the City Planning Commission meeting regarding the oil storage warehouse on Roanoke Avenue; whereupon, Mr. Marlles advised that as a part of the rezoning process, there were concems expressed about some of the ac~vitiss taking place on the property. He stated that City staff conducted inspections of the property and found only a few minor violations. Mr. White offered a substitute motion that the matter be referred back to the City Planning Commission for further study, report and recommendation to Council, and for the purpose of meeting with property owners in the area. The motion was seconded by Mr. Parrott. Mr. Joseph E. Wells, 170 Poplar Point Drive, Hardy, Virginia, owner of six prope~es on Buford Avenue, located at the rear of the oil storage warehouse, appeared before Council in opposition to the 6! rezoning of his properties which he would like to use for business I purpo, see i.n the future. He stal~i that he is in favor of rezoning the Nonmch neighborhood because for more than 30 years, homeowners have been deprived of their rights as property owners, it is time to correct the situation, and properties have fallen into disrepair because of the zoning status. He added that he represents four homeowners in the 2200 block of Buford Avenue, who have received offers from businesses to purchase their properties. Following presentation of a video of the Buford Avenue area, he requested that the 2200 block of Buford Avenue maintain its current LM, Light Manufacturing District zoning, and he endorsed the rezoning of the remainder of the Norwich community. Ms. Peggy G. Blankenship, 2316 Russell Avenue, S. W., advised that she has lived in the Norwich community since 1965, she has owned her home for eight years, and she pays a higher interest rate on her loan because of the zoning status. She stated that in the event of loss, the mortgage company would be the first paid from the proceeds of homeowners insurance; however, as the owner of the property, she could not rebuild unless the request for rezoning is approved. She advised that the area was previously set aside for diversified i industries, however, the neighborhood is no longer attractive to industries which have been steadily moving out o. ver the years, because building standards to meet flood zone reequ~rements, along with the expense of commercial flood insurance, have proven to be too costly for many businesses. She noted that some businesses are concerned about the rezoning because it could affect commercial traffic in the area; however, regardless of the zoning, all motorists should obey traffic laws and the safety of children should always be a priority. She advised that the Norwich community has a cohesive neighborhood partnership. Ms. Arlene G. Snellings, 2230 Charlevoix Court, S. W., advised that residents of the Norwich community cannot construct additions to their homes, or rebuild their homes in the event of fire, because if there is over 50 per cent damage, the homes must be destroyed. She explained that the Norwich community is a neighborhood in every aspect with a park, three churches, and stores which are owned by people who live in the neighborhood. She stated that it is not feasible for a large manufacturing company to move into the Norwich neighborhood because the area is not close to an interstate highway or a public transit route, etc. She stated that the people of Norwich want the freedom to make their homes more liveable; that she is a resident of the City of Roanoke and she should be allowed to make improvements to her home within reason; therefor, she requested that the Norwich community be rezoned to residential. Mr. Bruce L. Robinson, 520 King George Avenue, S. W., Pastor, Woodside Evangelical Presbyterian Church, which is located in the Non,ich community, addressed Council on behalf of the neighborhood. He advised that he represents hardworking people, people who own their homes, but do not have the privilege of making major improvements. He stated that these property owners can paint, re-side or do interior work, but they cannot expand their homes, and they deserve to have that right. He called attention to recent newspaper articles about houses that have fallen into disrepair; however, the Norwich community does not fit into that category because the citizens of Norwich can and want to improve their homes if they are allowed to do so because they take a great deal of pride in their neighborhood. Ms. Patricia N. Toney, 2222 Russell Avenue, S. W., presented a petition signed by approximately 67 parsons in support of rezoning the Norwich community. With regard to Mr. Wells' property on Buford Avenue, she stated that residents are concerned that the property will used as a warehouse to stere unsafe materials. She .requested that Council approve the rezoning so that property owners Jn the Norwich community will be permitted to expand their properties. Mr. White withdrew his substitute motion to refer the matter back to the City Planning Commission. Mr. Parrott, maker of the second, concurred in withdrawing the substitute motion. The Mayor inquired as to the sentiments of property owners in the Norwich neighborhood with regard to referring those 17 lots in question back to the City Planning Commission for further report and recommendation to Council, and that the remaining lots be rezoned; whereupon, Ms. Toney advised that the neighborhood would concur in that action; however, they are concerned that a warehouse storing unsafe materials will be located on Mr. Wells' property. Mr. Trout offered an amendment to Ordinance No. ~.~.58 to delete the following Official Tax Nos. located on the north and south sides of Buford Avenue, S. W., viz: Official Tax Nos. 1421309 - 1421322, inclusive, and property located on the south side of Buford Avenue, 63 described as Official Tax Nos. 1421624 - 1421626, inclusive. The amendment to the ordinance was seconded by Mr. Swain and adopted. Ordinance No. 33458, as above amended, was adopted, on its first reading, by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers 6. NAYS: None ... 0. (Vice-Mayor Wyatt was absent.) ACTION: Mr. Trout moved that properties located on the north and south sides of Buford Avenue, S. W., described as Official Tax Nos. 1421309 - 1421322, inclusive, and Official Tax Nos. 1421624 - 1421626, inclusive, located on the south side of Buford Avenue, be referred back to the City Planning Commission for further study, report and recommendation to Council. The motion was seconded by Mr. Swain and adopted. STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 16, 1997, 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., thata portion of a 12-foot wide alley as the same is bound on the west by parcels identified as Official Tax Nos. 2120801- 2120806, inclusive, and on the east by parcels identified as Official Tax Nos. 2120810 - 2120815, inclusive, be vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The F~anoke Times on Thursday, May 29, t997, and Thursday, June 5, 1997, and in the Roanoke Tribune on Thursday, June 5, 1997. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the alley section as requested for closure extends in a north/south direction through block six which is bound on the no,;;, by Orange Avenue, N. W., on the east by 10th Street, and on the west by 11th Street; the alley is developed and has a gravel surface and appears to be used by the abutting property owners for rear access to accommodate off-street 64 ACTION: parking in back yards; and the applicant has contracted to purchase the abutting properties for the purpose of constructing a new Rite-Aid drug store on the properties and the land area currently occupied by the subject alley section, was before Council. The Planning Commission recommended that Council approve the request, subject to the following conditions: The applicant shall submit to the City for review, approval, and recordation in the Office of the Clerk of Circuit Court, a subdivision plat providing for the following: Combining all properties which 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. Retention of appropriate easements, together with the right of public passage over same for surface and subsurface installation, repair or maintenance of a. ny and all utilities that may be located within the right-of-way. Dedication of an area at the terminus of the alley, between 30 feet by 14 feet and 30 feet by 20 feet in size, to provide for the applicant's construction of an adequate public turnaround. If the above conditions have not been met within a period of 12 months from the date of adoption of the ordinance providing for closure of the subject right-of-way, said ordinance shall become null and void with no further action by Council being necessary. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that the following ordinance be placed upon ils first reading: (#33459) AN ORDINANCE permanently vacating, discontinuing I and closing certain public right..-of-way in. the City of Roanoke, Virginia, as ara mora particularly deecnbed hera,naftsr. (For full text of Ordinance, see Ordinance Book No. 60, page 5.) The motion was seconded by Mr. Swain. The. Mayor inquired if thera were paraons present who would like to addree~ Council with regard to the matter. G. Michael Pace, Attorney, rapreeenting the petitioner, advised that Rite-Aid Drug Stores has selected the corner of 10th Street and Orange Avenue, N. W., as the site for its next neighborhood drug stora in the City of Roanoke. He stated that the site is composed of 12 separate Iota and an alley; and property in the immediate vicinity consists of various mixed uses, such as single-family, multi-family, and commercial including a gasoline station, a number of garages for the repair of automobiles, a used car lot, a dentist office, and others. He explained that of the 12 lots, six front on 11th Street and six front on 10th Street, the six lots fronting on 11th Street ara currently zoned C-2 which is the proper zoning for the prOPuO~_ed use, however, the I 10th zoned RM 2. He stated that he properties along .S. treet ara appeared before Council to raquest not only the vacation of the alley running between the 12 lots, but also to razone the six lots on 10th Street from RM-2 to C-2 so as to be consistsnt with those lots currently zoned C-2 on 11th Street. He noted that his client has proffered that the development will be in substantial conformity with the site plan; entrances to the drug stora have been moved back as far as possible from Orange Avenue to permit vehicular traffic and so as not to create additional problems with existing traffic, sidewalks will ramain in place, significant landscaping and buffering is proposed that will meet or exceed the City's raquirements, the building has been located farther back from the road to provide for as much graenspace as possible, and lighting will be mora than adequate and will be diractsd away from the residential araa. He explained that Rite-Aid Drug Stores ara araa neighborhood drug stores and are not destination locations, therefor, they do not generate additional traffic from outside the neighborhood. He called attention to additional proffers of his client, viz: to consult with adjoining property owners regarding the appearance of the exterior of the building, and installation of a bike rack and a bench seat along Orange Avenue when the Virginia Department of Transportation makes a determination ragarding pedestrian and bicycle traffic on 10th Street and Orange Avenue. He stated that the alley will remain open and a turnaround area has been provided which is large enough for refuse collection vehicles to maneuver. He called attention to concerns expressed at the 2:00 p.m. Council session by Ms. Carolyn Fields, 706 10th Street, N. W., regarding increased traffic, property devaluation, and safety issues, and advised that he met with Ms. Fields on two occasions to address her concerns. He statmJ that Rite-Aid has offered to build a fence along the rear of Ms. Fields' property to provide a greater degree of safety, in addition to buffering and screening, and his client has offered to do whatever is necessary to address her concerns; however, there appears to be nothing else that can be done, because Ms. Fields does not wish to live next door to a Rite-Aid Drug Store, or to any type of commercial establishment. He stated that he met with members of the Washington Park Neighborhood Alliance where concerns were expressed about appearance of the building, whether or not Rite-Aid would hire residents from the immediate neighborhood, concerns regarding safety primarily loitering around the building, traffic concerns, and whether or not the drug store would benefit the neighborhood as a whole. He advised that following those meetings, additional meetings were held with officials of C & C Development and Rite-Aid Drug Store to further address neighborhood concerns and, as a result, the building was redesigned and will be constructed of brick as opposed to any other material that might have been used in the construction process. In regard to concerns about safety, he stated that Rite-Aid wants to work with the residents and with other businesses in the area to further crime prevention efforts; and if residents are interested in some type of neighborhood watch, Rite-Aid would be willing to discus a level of support. With regard to security, he advised that Rite-Aid occasionally hires a full-time security employee, and additional lighting will be provided to address security along the perimeter of the building. In regard to concerns about hiring residents of the neighborhood, he stated that Rite-Aid does its hiring on site and advertises for employment directly within the community, and while he could not say that Rite-Aid will hire residents from that particular area, it should not present a problem, assuming individuals are qualified for the job they seek. He requested that Council take into consideration the changes that are taking place in the 10th Street area and honor the recommendation of the City Planning Commission to rezone the property and to vacate the alley. Ms. Vernice J. Law, 1019 Staunton Avenue, N. W., advised that I she did not represent the Northwest Improvement Council at the City Planning Commission hosHng as stated in the City Planning Commission report; however, she represented herself and her family who reside on 10th Street. She expressed concern because there is nothing in the Orange Avenuell0th Street area that would cause individuals to went to live there without improvements. She expressed appreciation to Rite-Aid for its desire to improve the neighborhood, and advised that the drug store will provide a convenience for persons living in the area because they will no longer have to go to Valley View Mall for various needs. She added that the additional lights proposed by Rite-Aid will help deter crime. Ms. Georgia C. Reeves, 916 McDowell Avenue, N. W., spoke in support of rezoning the property for a Rite-Aid Drug Store. Ms. Carolyn Fields, 706 10th Street, N .W., advised that a Rite-Aid Drug Store will not improve her neighborhood if it is built in her beckyard, and none of the previous speakers are being called upon to live next door to a commercial establishment. She expressed concern about devaluation of her property, safety issues as a result of add!tional vehicular traffic, and undesirable persons using the alley I beh,nd her home. that the be denied because She.requeeted ~zoning she does not want to hve next door to a RIte-Aid Drug Store. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that there are numerous conditions to the rezoning, one of which provides that the property will be developed according to a report of the City Planning Commission, subject to any changes required by the City during site plan review, and inquired if the changes will be discussed with property owners. Also, she stated that Rite-Aid has offered to install and maintain a bicycle rack and bench seat, and in the report of the City Planning Commission, it is stated that Orange Avenue and 10th Street will be widened, therefore, what effect will the bicycle rack and bench seat have if Orange Avenue is widened. In addition, she stated that it was mentioned that a sign will be installed to prevent motorists from making a left turn coming out of the parking lot on to Orange Avenue, however, there appears to be no consideration for motorists going west on Orange Avenue to make a left turn in to Rite-Aid. She advised that 12 properties are proposed to be purchased, but only two 68 residential st~ucturss will be razed, and inquired if only two properties ars to be tom .down, why is Rite-Aid purchasing 12 properties. She raised the question that based upon additional market studies, should Rite-Aid decide not to locate in the arsa, would Council still rszone the property for commercial purposes. No other persons wishing to addrsss Council, Ordinance No. 33459 was adopted, on its first rsading, by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers NAYS: None (Vice-Mayor Wyatt 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 16, t997, at 7:00 p.m., or as soon thersafter as the matter may be heard, on the request of C & C Development, L.L.C., that six tracts of land lying to the south of Orange Avenue (State Route 460) on 10th Street, and designated as Official Tax Nos. 2120810 - 2120815, inclusive, be rezoned from RM-2, Residential Multifamily, Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, the matter was befors the body. Legal edveri]ssment of the public hearing was published in The Roanoke Times on Thursday, May 29, 1997, and Thursday, June 5, 1997, and in the ~ on Thursday, June 5, 1997. (See publisher's affidavits on file in the City Clerk's Office.) A rsport of the City Planning Commission advising that the purpose of the request for rezoning is to develop a Rite Aid neighborhood drug store; and several properties to be used for the development ars currently zoned C-2, General Commercial District, was befors Council. The Planning Commission recommended that Council approve the rsquest for rezoning, and advised that the subject properties, when combined with adjacent C-2 zoned properties, will be utilized in a well- designed comprshensive manner that will be beneficial to commercial development on Orange Avenue and the 11th Street commercial area; I while residential properties will be lost as a result of the development proposal, the widening of 10th Street may pose future issues to the residential integrity of the properties and their proximity to Orange Avenue make them less desirable for residential use; and buffering for the adjacent residential buildings on 10th Street ia included as part of the development proposal. (For full text, see report on file in the City Clerk's Office.) G. Michael Pace, Jr., Attorney, appeared before Council in support of the request of his client. ACTION: Mr. Trout moved that the following ordinance be placed upon its first reading: (#33460) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 212, 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. 60, page 7.) The motion was seconded by Mr. Swain. The Mayor inquired if there ware persons present who would like to address Council with regard to the request for rezoning. Inasmuch as the previous item closing a portion of a 12-foot wide alley in the Orange Avenuell0th Street/llth Street area and this item are related, there were no additional speakers. Ordinance No. 33460 was adopted, on its first reading, by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt was absent.) 7O CITY CODE-ZONING: The City Clerk having advertised s public hearing for Monday, June 16, t997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Bennett Properties, L.L.C., that Section 36.1-250, S_Decial Exceotion Uses, of Chapter 36.1, ~ of the Code of the City of Roanoke (1979), as amended, be amended, to provide for automobile paint and body shops as a special exception use in LM, Light Manufacturing Districts, the matter was before the body. Legal advertisement of the public hearing was published in The RoanokQ Times on Thursday, May 29, 1997, and Thursday, June 5, 1997, and in the Roanoke Tribune on Thursday, June 5, 1997. (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 proposed ordinance amendment is to provide for automobile paint and body shops as a special exception use in the LM, Light Manufacturing District; and the petitioner, Bennett Properties, LLC, is the owner of a tract of land in the LM district and wishes to construct a new automobile paint and body shop on the property, was before Council. The Planning Commission recommended that Council approve the proposed amendment to Section 36.1-250, Code of the City of Roanoke (1979), as amended, to provide for automobile paint and body shops as a special exception use in the LM, Light Manufacturing District; and advised that the proposed criteria and requirement that new automobile paint and body shops be reviewed on a case-by- case basis by the Board of Zoning Appeals at a public hearing will help to insure that such establishments are compatible with the surrounding area. ACTION: (For full text, see report on file in the City Clerk's Olfice.) Harry S. Rhodes, Attomey, appeared before Council in support of the request of his client. Mr. Trout moved that the following ordinance be placed upon its first reading: 71 (t/33461) AN ORDINANCE amending and reordaining §36.1-250, Sr)ecial excerption uses, of Subdivision A. LM: Li_uht Manufacturin, DiM[LC_t, of Division 4, [D~ of Article III, District B3GUlaI~_!~, of Chapter 36.1, ~ of the Code of the City of Roanoke (1979), as amended, by adding new sub~ection (8) to provide for automobile paint and body shops as a special exception use. (For full text of Ordinance, see Ordinance Book No. 60, psge 8.) 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. 33461 was adopted, on its first reading, by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers (;. NAYS: Nocc 0. (Vice-Mayor Wyatt 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 16, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Margaret E. Wiggins, Ira W. and Daniel P. Brugh, Wall Jihad and Leo B. Trenor that a certain tract of land containing approximately two acres, lying along the south side of the 900 block of Moorman Road, N. W., the northwest corner of 10th Street and Moorman Road and the southeast comer of Moorman Road and 9th Street, identified as Official Tax Nos. 2110210, 2110211, 2110212, 2110227, 2110228, 2110229, 2110230, 2110401, 2110402, 2121214 and 2121215, be rezoned from RM-2, Residential Multifamily District, and C-1, Office District, to C-2, General Commercial District, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Tim~ on Thursday, May 29, 1997, and Thursday, June 5, t997, and in the ~ on Thursday, June 5, 1997. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that a property Daniel P. Brugh, worked with other property owners in owner, the area and filed a joint petition in February t996 to rezone several parcels of land from C-1, Office District, to C-2, General Commercial District; Mr. Brugh's purpose in filing the initial rezoning request was to remove an existing business from a non-conforming status and allow the business to be improved, however, the initial rezoning request was withdrawn prior to any public hearing; since the first proposal was submitted, work continued with other property owners in an attempt to find a workable solution to improving the business environment on Moorman Road, which presently has several non- conforming businesses and multiple commercial buildings; and property owners have expressed concems regarding their ability to utilize and improve their commercial properties, was before Council. it was further advised that on March 6, 1997, a new petition was filed to rezone properties on Moorman Road, 10th Street, and Fairfax Avenue, N. W., from C-1 and RM-2 to C-2; and the purpose of the request for rezoning is to enhance the commercial area by allowing exisfing businesses to improve their properties, allow for the continued use of non-conforming buildings, and to plan for an enhanced business corridor in anticipation of the 10th Street widening project. The Planning Commission recommended that Council approve the request for rezoning, with the exception of Official Tax Nos. 2110401 and 2110402, owned by Leo B. Trenor; and advised that there was considerable discussion at the City Planning Commission meeting of the commercial nature of the area requested for rezoning and the need for investment in exisfing commercial buildings; although present commercial development on Moorman Road is not ideal because of property disinvestment and small lot sizes, existing businesses ars desirous of maintaining the area for commercial services and investing in their properties; and with the improvements proposed for 10th Street in the near future, a change in zoning can assist businesses in preparing for the new corridor and in undertaking enhancements to buildings and street frontages in the area. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the following ordinance, excluding Official Tax Nos. 2110401 and 2110402, be placed upon its first reading: "AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 211, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicants." The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to be heard in connection with the matter. Mr. Daniel P. Brugh, 801 North Mill Road, Salem, Virginia, one of the petitioners, advised that he owns and operates Brugh's Body Shop, 926 Moorman Road, N. W., which is a family-owned business that has operated in the same location for over 40 years and is the oldest independent vehicular body repair facility in the City of Roanoke. He called attention to planned improvements for 10th Street and with the widening to four lanes, the west side of his building will be razed, which will make the elevation exposed to the main traffic corridor, therefor, restructuring will be necessary. He stated that he owns property diagonally across the street at 604 10th Street which lends itself well to office space with ample off-street parking. He added that he proposes to consolidate the three vacant lots below his building at 926 Moorman Road into one commercial property for further development which will enhance his existing investment. He stated that in order for his business to remain in its present location and to expand, it is necessary to invest in the structure and to purchase new equipment, however, he could not justify a capital expenditure of this magnitude for property that is improperly zoned. Susheela Shende, Executive Director, Northwest Environmental Organization, advised that the Northwest Environmental Organization has a track record of rehabilitating houses in the northwest neighborhood, and has helped to house 26 families. She requested that Council support the efforts of the Northwest Neighborhood Environmental Organization by making decisions that prove that the City has the organization's welfare at heart. She stated that the Northwest Neighborhood Environmental Organization is of the opinion that C-2 zoning should not cross 9th Street, because the adjacent block has a number of houses that qualify for rehabilitation. She added that C-2 zoning will give license to operate the building located at the southeast corner of 9th Street and Moorman Road in a more commercial manner, and discourage care of a possibly historically significant property. She noted that the structure, which was formerly the Hunton Life Saving building, is the first all black life saving rescue building in the count~j. For the remainder of the block between 9th and 10th Streets, she advised that the Northwest Neighborhood Environmental Organization requests that more emphasis be placed on sits appearance through better landscaping, drainage, etc. Mary B. Hatch, Attorney, representing Leo B. Trenor, one of the original property owners, advised that her client is in favor of the rezoning as submitted by the petitioners. She explained that Mr. Trenor was one of the original petitioners who joined in the rezoning because of a requirement under the City's Zoning Ordinance that there be two acres of land in order to quali~ for a C-2 zoning. She stated that Mr. Trsnor's property, Official Tax Nos. 2110401 and 24110402, which is the former Hunton Life Saving building, he has kept the property in good condition and anticipates using the property in some manner that will not be detrimental to the neighborhood. She explained that after Mr. Trenor joined in the original petition for rezoning, Mr. Brugh purchased the properbj on 10th Street and Moorman Road where the extension of 10th Street is proposed to take place. She indicated that at the City Planning Commission hearing in May, it was brought to her attention that Mr. Brugh had bccn advised that he did not need two acres of land for the rezoning if the area in question is contiguous to a C-2 zone, therefore, the City Planning Commission voted 4 - 2 against a proposal to approve C-2 zoning for all of the petitioners and Mr. Trenor's property was deleted from the rezoning. In summary, she stated that Mr. Trenor was one of the original petitioners who joined in the request for rezoning to make up the two acres, and since his property is no longer needed for that purpose, his request for rezoning was deleted. She spoke in support in support of C-2 zoning for Mr. Trenor's property, Official Tax Nos. 2110401 and 2110402, and called attention to legal ramifications that should be taken into consideration if his property is not included in the rezoning. Mr. Trout withdrew the original motion to adopt an ordinance on first reading rezoning the property which would exclude the property owned by Leo B. Trenor, Official Tax Nos. 2440401 and 2110402. Mr. Swain withdrew his second to the motion. Mr. Trout moved that the following ordinance, including Official Tax Nos. 2110401 and 2110402 owned by Mr. Leo B. Trenor, be placed upon its first reading: 75 (#33462) AN ORDINANCE to amend §36.t-3, Code of the City of I Roanoke (1979), as amended, and Sheet No. 211, Sectiona. I 1976 Zone Map, City of Roanoke, to rezone certain property with,n the City, subject to certain conditions proffered by the applicants. (For full text of Ordinance, see Ordinance Book 60, page 10.) The motion wes seconded by Mr. Parrott. Upon question, the City Attorney responded to legal issues raised by Ms. Hatch. He advised that the matter is a policy decision for Council, that the City Planning Commission chose to draw the line at 9th Street, however, other reasonable poreons could select a different location. Council Member Harris advised that he would be in favor of using 9th Street as a buffer. Doris M. Mack, President, Northwest Neighborhood Environmental Organization, advised that members of the organization have worked for 17 years as volunteers to help the neighborhood i become a better place to live. She stated that by extending C-2 zoning across .9~ Street, a non-residential property owner will be permitted to allow h,s property to further deteriorate at the expense of other property owners. She stated that the Northwest Neighborhood Environmental Organization opposes the rezoning across 9th Street because the rezoning will allow more commercial uses in the remainder of the block, and the area will lose a buffer and the opportunity to revitalize a number of houses. Ordinance No. 33462, rezoning property lying along the south side of the 900 block of Moorman Road, N. W., the northwest corner of 10th Street and Moorman Road, and the southeast corner of Moorman Road and 9th Street, identified as Official Tax Nos. 2110210, 2110211, 2110212, 2110227, 2110228, 2110229, 2110230, 2110401, 2110402, 2121214 and 2121215, from RM-2, Residential Multifamily District, and C-t, Office District, to C-2, General Commercial District, was adopted, on its first reading, by the following vote: 76 AYES: Bowers Council Members Parrott, Swain, Trout and Mayor 4. NAYS: Council Members Harris and ~11ite (Vice-Mayor Wyatt was absent.) SCHOOLS-STREETS AND ALLEYS: The City Clerk having advertised a public hearing for Monday, June 16, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the Roanoke City School Board that a certain undesignated public right-of- way abutting the nor[;~erly property line of Woodrew Wilson Junior High School, and the westeHy right-of-way boundary of Dudding Street and Carter Road, S. W., be permanently vacated, discontinued and closed, in order to establish a new right-of-way boundary along the westerly side of Dudding Street and Carter Road, the mat~er was before the body. Legal advertisement of the public hearing was published in The ~ on Thursday, May 29, 1997, and Thursday, June 5, t997, and in the Bg~)G][~JJ~ on Thursday, June 5, 1997. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the application, as originally submitted on March 6, 1997, requested closure and vacation of a certain undeveloped section of Dudding Street, S. W., a triangular parcel (median) of right-of-way situated between the undeveloped street section and the public right-of-way of the existing Dudding Street and Carter Road, S. W., and a smaller undesignated right-of-way (alley) abutting the northerly property line of Woodrow Wilson Junior High School; and the application, as amended, seeks to close and vacate a small section of undesignated right-of-way, as well as establish a new right-of-way boundary along the westerly side of Dudding Street and Carter Road, S. W., and the adjacent public school and park properties, was before Council. The Planning Commission recommended that Council approve the School Board's amended application to close and vacate the abovedescribed section of undesignated public right-of-way abutting the northerly property line of Woodrow Wilson Junior High School; and pursuant to Section 15.1-482(b), Code of Virginia (1950), as amended, vacate the wsstady right-of-way boundary of Dudding Street and Carter Road, S, W,, in order to establish a new right-of-way boundary along the westerly side of Dudding Street and Carter Road, subject to the following conditions: The applicant shall submit to the City, receive approval of, and record in the Office of the Clerk of Circuit Court, a subdivision plat providing for the following: Providing for vacation of the subject undesignated right-of-way (alley) and the subject sections of the westerly right-of-way boundary of Dudding Street and Carter Road, So W., and the establishment of a new right- of-way boundary along the westerly side of Dudding Street and Carter Road, S. W., as shown on a plat of survey prepared by Phillip L. Nester, Inc., on October 24, t996. Combining all properties which 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. 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 right-of-way. If the above conditions have not been met within a period of 12 months from the date of adoption of the ordinance providing for closure of the subject right-of-way, said ordinance shall become null and void with no further action by Council being necessary. 78 ACTION: The City Engineer and the Clerk of Circuit Court should be directed to note and mark such bounda? on all such IIi' plats, plane and other legal instruments, including Plat Iit Book 1, Page 342, Plan Nos. 2081-A, 208t-B, Plan No. 5530, and Deed Book 1386, Page 163 as "vacated." (For full text, see report on file in the City Clerk's Office.) Joseph g Cason, Supervisor of Facility Construction, Roanoke City Public Schools, appeared before Council in support of the request. Mr. Trout moved that the following ordinance be placed upon its first reading: (#33463) AN ORDINANCE permanently vacating, discontinuing and closing certain undesignated public rights-of-way in the City of Roanoke, Virginia, and rededicating and establishing new right-of-way boundaries pursuant to §15.1-482(b) of the Code of Virginia (1950), as amended, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 60, page 11.) 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. There being none, Ordinance No. 33463 was adopted, on its first reading, by the following vote: AYES: Council Members Parrott, Swain, Trout, Wl~ito, Harris and Mayor Bowers.. 6. NAYS: None (Vice-Mayor Wyatt 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 16, t997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke that a certain 1.527-acre parcel of land lying in the northeast 79 Il¸ ACTION: quadrant of the City, identified as Official Tax No. 7230302, be rezoned from RA, Residential Agricultural District, to LM, Light Manufacturing District, the matter was before the body. Legal advertisement of the public hearing was published in The ~ on Thursday, May 29, t997, and Thursday, June 5, t997, and in the ~ on Thursday, June 5, 1997. (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 is to rezone the subject property from RA, Residential Agricultural District, to LM, Light Manufacturing District' in order to be consistent with surrounding zoning and industrial park use, was before Council. The Planning Commission recommended that Council approve the request' advising that the rezoning is consistent with the goal of the Comprehensive Plan to encourage new industrial development on appropriate sites; and the subject rezoning is consistent with the zoning pattern in the area. (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. Mr. Trout moved that the following ordinance be placed upon its first reading: (#33464) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 723, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 60, page 14.) 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 request for rezoning. There being none, Ordinance No. 33464 was adopted, on its first reading, by the following vote: AYES: Council Membem Parrott, Swain, Trout, White, Harris and Mayor Bowers 6. · NAYS: None 0. (Vice-Mayor Wyatt was absent.) OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: BUSES-COMPLAINTS-DISABLED PERSONS: Ms. Gloria A. Dorma, 3513 Dona Drive, N. W., addressed Council with regard to transportation needs for disabled persons via RADAR and/or CORTRAN. She advised that the Depe,~.,,enta of Parks and Recreation for Roanoke City and Roanoke County have joined together to provide programs for people with disabilities; however, disabled persons are unable to reach their destination points because of transportation controversies between RADAR and CORTRAN. She requested that the City and the County resolve the matter, and suggested thata committee be appointed with a mediator from the City of Roanoke and the County of Roanoke to lead discussions. She expressed concern that disabled persons do not have transportation to reach job sites and to secure necessary services. She called attention to businesses in the Roanoke Centre for Industry and Technology on Route 460 that have offered jobs to the disabled; however, disabled persons have no means of transportation to reach job sites. The City Manager advised that City staff is aware of the problem and staff is working diligently to resolve the transportation issue. He stated that extension of bus service in the Route 460 area to the Roanoke Centre for Industry and Technology would depend upon whether there is a sufficient amount of riderehip to justify the expenditure. There being no further business, the Mayor declared the meeting adjourned at 10:15 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 82 ROANOKE CITY COUNCIL CAPITAL IMPROVEMENT PROGRAM WORKSHOP June 26, 1997 8:30 a.m. The Council of the City of Roanoke held a second Capital Improvement Program Workshop on Thursday, June 26, 1997, at 8:30 a.m., in the Emergency Operations Center Conference Room, Room 159, Municipal Building South, 2t5 Church Avenue, S. W., Roanoke, Virginia, with Mayor David A. Bowers presiding. PRESENT: Council Members C. Nelson Harris, John H. Psrrott' Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers 7. ABSENT: None 0. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. OTHERS PRESENT: Willard N. Claytor, Director, Real Estate Valuation; William F. Clark, Director, Public Works; Kit B. Kiser, Director, Utilities and Operations; Glenn D. Radcliffe, Director, Human Development; George C. Snead, Jr., Director, Public Safety; Jesse A. Hall, Deputy Director of Finance; Diane S. Akers, Budget Administrator; and John M. Stroud, Prssident, Roanoke Regional Chamber of Commerce. CAPITAL IMPROVEMENTS PROGRAM: Council, at a workshop which wes held on Friday, June 13, 1997, having continued discussions of the proposed Capital Improvement Program, the matter was again before the body. Mr. Clark reviewed a document entitled, "Proposed Capital Improvements Program - New Projects", as follows: The Mayor called attention to previous questions regarding the Higher Education Center, and advised that he would continue to discuss the matter with the City Manager to be followed by further discussions with Council at a later date. With regard to questions pertaining to the condition of Victory Stadium, the City Manager advised existing conditions cannot go unaddressed, however, there has been no community consensus building regarding what should be done. He alluded to the appointment by Council of a community task force to receive citizen input, and advised that if there appears to be sufficient support over a period time, Victory Stadium could be addressed during 1998-99 budget study. The Mayor referred to deplorable conditions at the Animal Control facility; whereupon, following discussion, and without objection by Council, he requested that the matter be referred to the City Manager for report to Council within 90 days. Mr. Swain expressed concern with regard to existing conditions in the area of Forest Park Boulevard where, at times, raw sewage flows down the street, across Melrose Avenue, onto school property, and inquired as to when corrective action will be taken. He expressed further concem that $1.8 million is proposed to be included in the Capital Improvement Program for The Jefferson Center when there are communities in Roanoke such as Forest Park Boulevard and Chssterton Street that are experiencing severe problems. In response to Mr. Swain'e concern, the City Manager presented a briefing on expansion of the Sewage Treatment Plant and transmission lines, which are to be expanded from a capacity of 45 to 62 million gallons per day to allow for future growth. He explained that transmission lines leading to Salem, Vinton, Botetourt County, and Roanoke County will be enlarged to carry more capacity, and as Sewage Treatment Plant capacity is increased and the main transmission lines are constructed, the pipes will be enlarged in the residential areas leading to the main transmission lines, thus enabling the transmission lines to carry more capacity. The City Manager explained that to his knowledge, the City has never used General Fund dollars for water and/or sewer projects. The City Manager advised that with the exception of Round Hill and Huff Lane school improvements, he has not been advised by school officials as to how remaining school bond funds will be allocated to specific school projects. The Director of Finance advised that the total proposed bond issue would be $39,029,000.00, and Recommended Amounts by Category are as follows: Catea_ow Amount Bridges $ 2,800,000.00 Buildings Economic Development Parks Schools Storm Drains Streets and Sidewalks 8,201,000.00 2,750,000.00 4,800,000.00 t3,623,000.00 2,600,000.00 4.255.000.00 Total $39.029.000.00 The Director of Finance reviewed the following Funding Sources for Debt Service of Bond Issue: Reduction in Existing Debt Service Savings for Changes in Operations: Nursing Home Solid Waste Management Automation ($7,000,000.00 plus $5,350,000.00) Subtotal $20,000,000.00 5,000,000.00 $37,350,000.00 Curb, Gutter and Sidewalk Funding from Operating Budget Funds included in fiscal year 1998 budget ($100,000.00) (10 to I ratio for bonds) $ 1,000,000.00 Funding to be added in fiscal year 1999 budget ($67,900.00) 679.000.00 Total $39.029.000.00 The City Manager reviewed the following Proposed Bond Issue Projects by Category, totalling $39,029,000.00: Cate"ow Amount Bridges Buildings Juvenile Detention Home The Jefferson Center Gainsboro Library Long-Range Facility Study - Option 2 - Police Building Communications System Civic Center $2,800,000.00 $8,201,000.00 87 Economic Development Roanoke Centre for Industry and Technology Franklin Road Parcel $2,750,000.00 Parks Neighborhood Park improvements Regional Park Improvements - Mill Mountain Mill Mountain Grsenway Franklin Road Gateway $4,800,000.00 Schools $13,623,000.00 Storm Drains Neighborhood Storm Drain Program $2,600,000.00 Streets and Sidewalks Curb, Gutter and Sidewalk Program - Neighborhood - Outlook Roanoke Recommendations - Church Avenue Improvements - Williamson Road Improvements - Williamson Road Corridor Study Recommendations Traffic Signals - New Virginia Department of Transportation - Local Sham $4,255,000.00 Total for All Categories Interest Earnings dedicated to RCIT and Jefferson Center $1,800,000.00 Proceeds from 1996 Jail Bonds redirected to 1-581 Interchange $2,000,000.00 Mr. Trout moved that Council recommend the abovedescribed proposed Capital Improvement Program to the citizens of the City of Roanoke at a public hearing to be held on Monday, July 21, t997, at 7:00 p.m., in the City Council Chamber, and that the City Manager, City Attorney, and City Clerk be instructed to prepare the appropriate documents. The motion was seconded by Mr. Swain and adopted by the following vote: 88 AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. il NAYS: None 0. The Mayor encouraged the Members of Council to become actively involved in promoting the proposed Capital Improvement Program. Thers being no further business, the Mayor declared the meeting/workshop adjourned at 10:00 a.m. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 89 REGULAR WEEKLY SESSION----ROANOKE CITY COUNCIL July 7, 1997 12:15 p.m. The Council of the City of Roanoke met in regular session with the Roanoke County Board of Supervisors on Monday, July 7, 1997, at t2:15 p.m., the regular meeting hour, at the Virginia Museum of Transportation, Shenandoah Conference Room, 303 Norfolk Avenue, S. W., with Mayor David A. Bowers presiding, pursuant to Resolution No. 334494)61697, adopted on Monday, June 16, 1997. ROANOKE CITY COUNCIL MEMBERS PRESENT: Carroll E. Swain, James O. Trout, William White, Sr., C. Nelson Harris and Mayor David A. Bowers 5. ROANOKE CITY COUNCIL MEMBERS ABSENT: John H. Parrott and Vice- Mayor Linda F. Wyatt 2. 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 0. ROANOKE CITY STAFF PRESENT: W. Robert Herbert, City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; William F. Clark, Director, Public Works; Kit B. Kiser, Director, Utilities and Operations; Glenn D. Radcliffe, Director, Human Development; George C. Snead, Jr., Director, Public Safety; Willard N. Claytor, Director, Real Estate Valuation; Deborah J. Moses, Assistant to the City Manager for Special Projects; and Barbara P. Mitchell, Public Information Specialist. ROANOKE COUNTY STAFF PRESENT: 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 Information Officer; O. Arnold Covey, Director, Engineering and Inspections; Gary Robertson, Utility Director; and Mary H. Allen, Clerk to the Board of Supervisors. 9O OTHERS PRESENT: Jacquelins L. Shuck, Executive Director, Roanoke Regional Airport; Amanda K. Snapp, Marketing and Communications Director, Roanok.e. Regional Airport; David L. Kjolhede, Executive Director, Roanoke Valley Convention & Visitors Bureau; and Katherine F. Houck, Executive Director, Virginia Museum of Transportation. VIRGINIA TRANSPORTATION MUSEUM: Katherine F. Houck, Executive Director, Virginia Museum of Transportation, presented an update on improvements to the Transportation Museum, including a history of the Museum, artifacts and exhibits on display, and 52 pieces of rolling stock. She reviewed proposed capital improvement projects, which include improvements to the front of the structure through funds generated from the City's bond referendum and funds from the Department of Transportation Enhancement Fund, construction of a pedestrian plaza to connect with Roanoke City's linear railwalk to be constructed in t998, construction of a new entrance in front of Third Street, improved signage, and a new identity for the Transportation Museum with the opening of the new Second Street Bridge. She advised that $125,000.00 was received from the Commonwealth of Virginia in order to continue construction of the Robert B. Claytor and W. Graham Claytor, Jr. Pavilion which will cover the rail collection. AIRPORT: Jacqueline B~ Shuck, Executive Director, Roanoke Regional Airport, presented a briefing on airport projec, ts. She reviewe.d, a map depicting the various projects curr?tly u.n.derway at the a,rfield.. She described a m. ap relating to cargo ramp construction, wh,ch is the biggest project since the new a,rport terminal was constructed on six acres of land that will require the relocation of 1000 feet of tsxiway, with space for five jet aircraft, plus an area for deicing. She advised that the project started in November t996, turn lanes will be added on State Routs 118, lease negotiations have started with cargo carriers, and an expected completion date is June 1998. With regard to the air traffic tower, Ms. Shuck advised that the first request was made in 1984 and numerous requests have followed to the Federal Aviation Administration since that time. She explained that the primary problem has been visibility, especially for aircraft taxiing to the runway and near the tunnels, and it is expected that visibility will worsen with the addition of the cargo ramp. She stated that also at issue is the age of the tower and the former terminal building which needs a major overhaul that cannot be done because of the impact on FAA operations and costa involved. She added that the location prevents development of the only readily developable acreage left at the airport and the airport cannot grow until the tower is replaced. She explained that a site survey has been completed, a prime site has been identified and the top of the structure will be approximately 200 feet !n order to see over currant and future structuras. She called attention to I meetings with the Regional Federal Aviation Administ]'ation last week, during which time slides of the araa and existing problems wera raviewed, and another meeting will be held in Washington, D. C., on Wednesday, July 16, with FAA officials. She advised that the next stap is an environmental assessment in approximataly one year, followed by engineering designs, and commissioning of the project in December 2001. The Mayor spoke in support of displaying the old FAA tower at the Virginia Museum of Transportation. Ms. Shuck praeentad a briefing on Passenger Facility Charges and advised that last month, thera was considerable media coverage when a contract was awarded to a consultant to assist airport staff with applying the Passenger Facility Charge. As background, she explained that in 1990, Congress recognized that Federal grant funds from airline ticket taxes were not adequata for airport infrastructure, and Congress passed a law partially lifting the ban on local passenger fees in orcier to permit up to $3.00 per boarding passenger, but no more than $12.00 total per trip; and the process of collecting the user fee raquiras airline consultanta, FAA approval to collect the tax and expenditura of funds through the listing of specific projects which must preserve or enhance airport safety, security and capacity; and praeently, 300 airports collect Passenger Facility Charges. She explained that Roanoke is looking at the charge primarily because of the capital nccds which have bcc.~ identified in Roanoke's Mastar Plan Updata and, in order to mora forward in a timely manner, more money will be needed. She advised that the benefits from Passenger Facility Charges ara: except for a small airline fee, every dollar will stay in the local araa, the funds do not go to Washington or pay for administrative costs, and Roanoke passengers will receive a direct benefit from the dollars raceived. Ms. Shuck explained that the airfield maintanance building on Petars Creek Road and Thirlane Road is expected to open in November 1997, and the facility will house $1.5 million worth of snow removal equipment and provide for inside repair of equipment. Ms. Shuck advised that at the October meeting of City Council and the Board of Supervisors, she would like to brief the two goveming bodies on the air service development program. HIGHER EDUCATION CENTER: Deborah J. Moses, Assistant to the City Manager for Special Projects, prasentad a briefing paper on the proposed higher education centar. 92 It was explained that in December, 1996, a feasibility study regarding use of the former Norfo!k Southern Office B..uild!ng for a higher education, ce.nter was released, which w~ll provide for nine institutions to be accommodated wtth,n 157,866 square feet, at a renovation cost of $80.00 per square foot; and the anticipated completion data for the Stata Council for Higher Education Center study is October 1997. (See briefing paper on file in the City Clerk's Office.) The Mayor called attention to meeting with Senator John S. Edwards and others, including officials from Radford University, Virginia Polytechnic Instituta and State University, and the Roanoke Valley Graduate Centar to locate the higher education centar in downtown Roanoke, which will provide graduate programs and job retraining programs for ci'dzens of the Roanoke Valley. He stated that utilization of the former Norfolk Southem building for this purpose will be an important economic development initiative for Roanoke's downtown area, and requested Roanoke County's participation in the project ECONOMIC DEVELOPMENT-LOW BAND RADIO SYSTEM: Mr. Eddy advised that a Iow bend tourist radio systam has been discussed at previous joint meetings of Roanoke City and Roanoke County. He stated that Roanoke County might be intarestad in pursuing the matter along the Blue Ridge Parkway, but a maioritv of the oard of Supew.,sore ms of the opmnion that the program may not be coat effective on ! 1-81. He spoke ,n support of contacting Blue Ridge Parkway officials to determine if they would be willing to place the appropriate signs on the Blue Ridge Parkway. David H. Kjolhede, Executive Director, Roanoke Valley Convention & Visitors Bureau, advised that the Convention and Visitors Bureau is responsible for marketing the Roanoke Valley; however, the Convention & Visitors Bureau does not view a Iow band tourist radio facility as a marketing tool to encourage tourists to visit the area. He added that the program would be a good customer service tool when tourists visit the area to learn about current activities, and the Convention & Visitors Bureau would be amenable to updating system information. With the concurrence, by Council and the Board of Supervisors, Mr. Hodge, County Administrator, advmsed that he would confer with Blue Ridge Parkway officials to pursue the matter. C .M.r.H.e_rbert, City Manager, advised that during a recent joint meeting of ounc, an, c;ongressman Robert Goodlatta, Congressman Goodlatte indicated that he would contact Blue Ridge Parkway officials and advise the City accordingly. Without objection by Council and the Board of Supervisors, the Mayor I requested that the matter be referred beck to the County Administrator and the City Manager for report with regard to information from Congressman Goodlatta, Blue Ridge Parkway offciale, as well as proposed plans, costa and schedules for discussion at the next joint meeting of the two goveming bodies on October 28, 1997. SEWERS AND STORM DRAINS-WATER RESOURCES: Mr. Kiser, Director of Utilities and Operations, praeentod an update on the sewage facilities expansion project, viz: Tinker Creek Interceptor replacement - Orange Avenue to the Sewage Treatment Plant (54-in) Roanoke River Interceptor replacement - Salem City limita to Sewage Treatment Plant (66-in) Sewage Treatment Plant expansion - 35 MGD to 62 MGD. Mr. Kiser advised that the status of the projecta is as follows: Tinker Creek Interceptor replacement - Under construction Roanoke River Interceptor replacement- Bids received on lower half for second time on June 26, t997 Bids to be advertised on upper half in 90 days Sewage Treatment Plant expansion - Bids due on July 8, 1997 BAF Contract awarded With regard to agenda items pertaining to the Regional Sewage Treatment Plant, joint water and sewer lines, and an update on the stormwater management project on Peters Creek Road, inasmuch as there was not sufficient time remaining to discuss the matters, and since the items would require extensive briefings, without objection by Council and the Board of Supervisors, the Mayor suggested that the items be referred to the City Manager and the County Administrator for status reports to the two governing bodies at the next quartedy meeting on October 28, 1997. - · YOUTH: The County Administrator advised that the Regional Teen Center, which is housed in the former Roanoke County Administratio. n Ce.n. ter, has proven to be a successful project, and the teen center and the senior citizen center was combined several years ago and both groups have worked well together. He called attention to requests by citizens for more facilities of this type which serve not only citizens from Roanoke County, but the Cities of Roanoke and Salem as well. The Mayor suggested that the City Clerk schedule a future joint meeting of City Council and the Roanoke County Board of Supervisors at the Virginia Museum to view improvements which were previously discussed by Ms. Houck. There being no further business, the Mayor declared the meeting of Roanoke City Council in recess at 1:42 p.m., to be reconvened at 2:00 p.m., in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W. At 2:00 p.m., on Monday, July 7, 1997, 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 Carroll E. Swain, James O. Trout, William White, Sr., C. Nelson Harris, John H. Parrott and Mayor David A. Bowers.. 6. ABSENT: Vice-Mayor Linda F. Wyatt 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 Joseph C. Trials, Associate Minister, Jerusalem Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. SEGREGATION/INTEGRATION-PARKS AND RECREATION- HUMAN DEVELOPMENT-CELEBRATIONS-COUNCIL.HOUSiNG/ AUTHORITY-COMMUNITY PLANNING-VIRGINIA TRANSPORTATION MUSEUM-TOURISM-HIGHER EDUCATION CENTER-ECONOMIC 95 DEVELOPMENT-SCHOOLS-ROANOKE NEIGHBORHOOD I P.ARTNERSHIP-STATE OF THE CITY REPORTS: The M~,yor presented h,s 1997 State of the City Address ,n which he recommended the following: (1) Establishment of a higher education center investment fund of $5 million with $2.5 million of that amount to be designated by the City Manager and the Director of Finance from City funds, and a $2.5 million match from other local governments and/or a citizen/sponsor fund raising effort similar to "Renew Roanoke" which helped to save The Hotel Roanoke. (2) Establishment of an inner-city housing strategy task force focusing on residential development in the downtown area and in the inner city neighborhoods. (3) Establishment of a historic properties preservation fund and a new construction investment fund. (4) Improved race relations whereby the City Manager would meet with leaders of multi-cultural and ethnic groups in the area to formulate a new effort to promote good race relations, dialogue, tolerance and integration among the many ethnic groups in the City and support, financially, the Local Colors program. (For full text, see State of the City Address on file in the City Clerk's Office.) ACTION: Mr. White moved that the recommendations be referred to the City Manager for study, report and recommendation to Council. The motion was seconded by Mr. Trout and unanimously adopted. C N T The Mayor advised that all matters listed under the Consent Agenda ':,ere 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 96 ACTION: ACTION: 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, April 7, 1997, and Monday, April 21, 1997, 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. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt was absent.) 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 ~.~. (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), Cede of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and I Mayor Bowers 6. NAYS: None O. (Vice-Mayor Wyatt was abeenL) COMMITTEES-COUNCIL-ECONOMIC DEVELOPMENT: A communication from Mayor David A. Bowers recommending that Council Member James O. Trout be appointsd as the new Chairperson of the Economic Development Commission, was before the body. The Mayor expressed appreciation to J. Granger Macfarlane for his past service as Chairperson of the Economic Development Commi,.~:on. He advised that Council Member Trout will best serve the interests of the Economic Development Commission and the interests of economic development in the City of Roanoke inasmuch as Mr. Trout is a long-time advocate for industrial and business growth in the community. (For full text, see communication on fils in the City Clerk's Office.) ACTION: Mr. White moved that Council concur in the Mayor's appointment of James O. Trout, as Chairperson of the Economic Development Commission. 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: None. 0. (Vice-Mayor Wyatt was absent.) MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee of Roanoke City Council which was held on Monday, June 2, 1997, were before the body. The Audit Committee considered the following items: External Audits: 98 KPMG Peat Marwick General Audit Plan - June 30, 1997 Sheriff's Canteen Fund Jail Inmate Fund Clerk of Circuit Court Internal Audits: Controls Evaluations: Fleet Management Personal Property System ACTION: Substantive Testing: Police Depart,,,ent Cash Funds Municipal Auditing 1998 Audit Plan Roanoke City School Activity Funds Planning Memo (For full text, see Minutes on file in the City Clerk's Office.) Mr. White moved that the Minutes be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers NAYS: None (Vice-Mayor Wyatt was absent.) 99 ELECTIONS: A communication from G. ilbert E. Butler, Jr., I Secretary, Roanoke City Electoral Board, a .t~nsmltting cer~fied.copy of the Abstract of Votoa cast in the Repubhcan and Democratic Primary Election held in the City of Roanoke on June 10, 1997, was before Council "ABSTRACT OF VOTES cast in the Roanoke, Virginia, at the June 10, 1997 Democratic Primary Election, for COMMISSIONER OF THE REVENUE Total Votes Received Names of Candidates on Ballot (In Figures) Mareha Compton Fielder Sherman A. Holland 1,427 3,t62 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 10, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said Democratic Primary Election and do, therefore, determine and declare that the following person has receivea the greatest number of votes cast for the above office in said election: Sherman A. Holland Given under our hands this 11th day of June, 1997. A copy taste: [ELECTORAL BOARD SEAL] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board" 100 "ABSTRACT OF VOTES cast in the Roanoke, Virginia, at the June 10, t997 Republican Primary Election, for I ATTORNEY GENERAL ACTION: Names of Candidates on Ballot K. W. "KEN" STOLLE GILBERT K. DAVIS MARK g EARLEY JERRY W. KILGORE Total Votes Received (In Figures) 301 300 514 533 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 10, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said Republican Primary Election for the above office: Given under our hands this 11th day of June, 1997. A copy teste: [ELECTORAL BOARD SEAL] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board" 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 Swain, Trout, White, Harris, Parrott and ayor Bowers- NAYS: None. (Vice-M;.'.,or Wyatt was absent.) 101 ACTION: PERSONNEL DEPARTMENT-ECONOMIC DEVELOPMENT-FIFTH PLANNING DISTRICT COMMISSION-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Alphonzo L. Holland, Sr., as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2000; William L. Bova aa a member of the Economic Development Commission for a term ending June 30, 2000; and J. Lee E. Osborne as a City representative to the Fifth Planning District Commission for a term ending June 30, 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 motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bower~ 6. NAYS: None .... 0. (Vice-Mayor Wyatt was absent.) E A D HEARING OF CITIZENS UPON PUBLIC MATTERS: HOUSING/AUTHORITY: H. Joel Kelly, 3038 Melrose Avenue, N. W., Apt. 927, presented remarks regarding the housing situation in the City of Roanoke. He called attention to numerous studies that have been commissioned by the City over the past years regarding housing, and suggested that one of the common denominators has been the lack of involvement by tenants. He commended the Mayor on his recommendation as set forth in his Stats of the City. Address which was presented earlier in the meeting with regard to establishing an inner city housing strategy task force on residential development in the 102 downtown area and in Roanoke's inner City neighborhoods. He suggested that when and if.the City appoints a housing s. trategy task force, tenants should be actively involved to represent their needs. He recommended that the structure of the task force be similar to the Mayor's Committee for the Disabled which is composed of a Steering Committee that oversees all operations, working in conjunction with various subcommittees. Without objection by Council, the Mayor advised that Mr. Kelley's remarks would be referred to the City Manager for his information in connection with his study of the recommendation to appoint an inner- city housing strategy task force. PETITIONS AND COMMUNICATIONS: BUDGET-GRANTS-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. Grant No. 6t58 - $2,765,869.00 for the Title I Winter Program to provide remedial reading, language arts and mathem.a.tics instruction for students in targeted schools. The continuing program will be 100 per cent reimbursed by Federal funds. Grant No. 6244 - $149,259.00 for the t997-98 Title VI Program to provide funds for the implementation of innovative instructional programs in the school district and to provide visiting teacher services. The continuing program will be reimbursed by Federal funds in the amount of $111,217.00 and a local match in the amount of $38,O42.00. G;ant No. 6313 - $960,111.00 for the 1997-98 Governor's School Program to provide instruction in science and math to high school students. The continuing program will be supported by State funds and tuition collected from participating school districts. Grant No. 6538 - $978,000.00 for the 1997-98 Flow Through Program to provide aid for the education and guidance of handicapped students. The continuing program will be 100 per cent reimbursed by State and Federal funds. 103 Grant No. 6539 - $63,929.00 for the 1997-98 Child Development Program to provide funds for the salary and expenses of the educational coordinator at the clinic. The continuing program will be 100 per cent reimbursed by State funds. Grant No. 6540 - $60,427.00 for the 1997-98 Child Specialty Services Program to provide funds for the salary and expenses of the educational coordinator. The continuing program will be 100 per cent roimbureed by Stats funds. Grant No. 6541 - $112,285.00 for the t997-98 Juvenile Detention Home Program to provide funds for the salary and expenses of the two educational coordinators. The continuing program will be 100 per cent reimbursed by Stats funds. ~- Grant No. 6542 -$116,946.00 for the 1997-98 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 continuing program will be 100 per cent reimbursed by Federal funds. Grant No. 6544 - $20,724.00 for the 1997-98 Special Education Interpreter Training Program to provide funds for the development of training curriculum for the hearing impaired program. The continuing program will be reimbursed 100 per cent by Federal funds. Grant No. 6794 - $139,256.00 for the 1997-98 Adult Basic Education Program to provide funds for the education of adults who have not completed high school. The continuing program will be reimbursed byF. ederal funds in the amount of $116,556.00 and local matching funds of $22,700.00. Grant No. 6795 $112,888.00 for the 1997-98 Apprenticeship Program to provide on-the-job and classroom vocational instruction for students in the apprenticeship program. The revenue will be provided by State funds and fees paid by the participants for this continuing program. 104 Grant No. 6796 - $313,754.00 for the 1997-98 Perkins Act Program to provide funds for vocational instructors and equipment. The continuing program will be rseimbursed 100 per cent by Federal funds. Grant No. 6797 - $35,000.00 for the 1997-98 Regional Education Specialist Program to provide ancillary and support services for the Adult Literacy and Basic Education Program in the planning district. The continuing program will be reimbursed 100 per cent by State funds. Grant No. 6798 $36,643.00 for the 1997-98 Adult Education in the Jails Program to provide funds for instruction to inmates in the Roanoke City and Roanoke County jails to aid in their acquisition of the GED certificate. The continuing program will be reimbursed by Federal funds in the amount of $34,353.00 and jail funds in the amount of $2,290.00. Grant No. 6799 - $116,874.00 for the 1997-98 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 continuing program will be subcontracted through TAP and Federal funds will pass through the Roanoke City Schools. Grant No. 6700 - $7,772.00 for the 1997-98 GED Testing Program to provide instructors for GED preparation classes and for the administration of the GED examinations. The continuing program will be funded through student fees. Grant No. 6701 - $2,745.00 for the 1997-98 Opportunity Knocks (GED) Program to provide instruction for the GED examination for young adulta; the Program will operate under an Agreement of Understantling with the Fifth District Employment and Training Consortium to address GED preparation needs of participating youth. The continuing program will be funded by fees charged to participants. 105 Grant No. 6960 - $59,233.00 for the 1997-98 Drug Free Schools Program to provide funding for a student assistance counselor at the secondary level to work with substance abuse issues. The continuing program will be 100 per cent reimbursed by Federal funds. Grant No. 6961 - Stata bond funds totaling $26,000.00 have been issued by the Virginia Department of Education for the Roanoke Valley Governor's School for Math and Science to be used for the purchase of school instructional technology equipment. The continuing program will be reimbursed 100 per cent by State bond funds. Grant No. 6962 - $256,296.00 for the t 997-98 Project YES Program to identify, assess, evaluate and provide assistance for at-risk sixth and ninth grade students who are potential dropouts. The continuing program will bo reimbursed t00 per cent by State funds. Grant No. 6963 - $67,247.00 for the 1997-98 Grants Management Program to provide funding for the salary and fringe benefits of the Director of Grants. The continuing program will be reimbursed t00 per cent by Federal funds. Grant No. 6964 - $1,253,393.00 for the 1997-98 Alternative Education Program to provide alternative curriculum and training for high risk students at the Taylor Learning Academy, with a focus on improving the totel self-concept of the student. The continuing program will be reimbursed by Federal funds in the amount of $36,611.00, State funds in the amount of $53,653.00, and a local match in the amount of $1,163,129.00. A report of the Director of Finance recommending that Council concur :. the request of the School Board, was also before the body. The Director of Finance advised that the grants are funded with Federal and State funds and fees; and, in addition, the Title VI Governor's School, Adult Basic Education, and Alternative Education Programs require local matches for a total of $1,556,573.00, which funding is available in the following accounts: 106 ACTION: Title VI: Retirement Governor's School: Matching Funds Matching Funds Adult Basic Education: Matching Funds Alternative Education Program: (030-060-6001-6000-0202) $ 38,042.00 (030-060-6001-6346-0588) $ (030-060-6007-6998-0588 $ (030-060-6001-6450-0588) $ 277,262.00 55,440.00 22,700.00 Matching Funds (030-060-6001-6300-0588) $1,163,129.00 (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~t33465-070797) AN ORDINANCE to amend and reordain certain sections of the 1997-98 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 15.) Mr. Trout moved the adoption of Ordinance No. 33465-070797. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Membera Swain, Trout, White, Harris, Parrott and Mayor Bowe~ : $. NAYS: None O. (Vice-Mayor Wyatt was absent.) REPORTS OF OFFICERS: CITY MANAGER: 107 BRIEFINGS: PARK?. AND RECR.EATION-YOUTH-SCHOOLS: George C. Snead, Jr., D{rector, Pubhc Safety, presented a briefing on the City's 1997 Summer Youth Program activities. He called attention to strong partnerships that have been forged this summer through traditional youth players and non-traditional youth organizations that have supported and enhanced the quality of youth programs. He introduced Victor C. Garber, Superintendent of Recreation, Nickie Hale, Intern, Office on Youth, and Phyllis K. Runyon, Public Information Officer, Roanoke City Public Schools, for briefings. Mr. Garber advised that the goal for the summer is to enhance the quality of life for all youth and families in the City of Roanoke by offering strong diversity through wholesome and constructive recreation programs. He stated that programs include: Adventures in the Park for ages 6 - 12 at eight sites, serving over 430 children daily in all four quadrants of the City; Stars Come Out at Night program for ages 11 - 15, with transportation provided to and from housing developments to insure that youth have an opportunity to participate in the program, with 30 participants at each program; the DARE program which is a one week camp held at Smith Mountain Lake's 4-H Center for 250 rising sixth grade students who have successfully completed the DARE core program; ten teen special events which include evening pool parties for youth ages tl - l~and 14 - 18 at Fallon Park and Washington Park Swimming Pools, with an average of 275 participants per event; and Midnight Basketball program for young adults ages 18 - 22, offered three nights per week atthe Jefferson Gym, and attendance varies nighty from 40 - 60 participants. He called attention to other programs such as Learn to Swim offered at Washington Park and Fallon Park Swimming Pools; tennis for youth of all ages with camps, classes and tournaments; six outdoor, adventure and nature camps for ages 6 - 14; rocwall climbing; sports camps; golf for juniors; Lacrosse camp; and three tennis camps and a cheerleading camp. He stated that program variety and balance is provided at the recreation centers to meet the needs of the community and to include activities in arts and crafts, dance, gymnastics, nature fitness, sports and other special interest programs. Mr. Garber advised that summer youth programs sponsored by the City's Depar~..ent of Parks and Recreation have grown from 87 in 1995 to 169 in 1997, serving over 9500 youth by offering positive alternatives to provide for a safe and a fun summer. 108 Nickie Hale, Intern, Office on Youth, presented an overview of programs offered by the Roanoke City Office on Youth; viz: Summer Food Service Program which provides approximately 800 lunches daily at 14 City sites and the Appleridge site; Youth Internship Program in which 16 high school and college age interns receive hands-on work experience throughout the City in various offices; workshops which focus on r~sum& writing and introduction skills; and job training camp for ages 12 - t5 which is housed at the Noel C. Taylor Learning Academy, with an enrollment of 50 participants in 1997 and enables young persons to learn about the world of work in a classroom setting. Phyllis K. Runyon, Public Information Officer, Roanoke City Public Schools, addressed summer school programming and collaborative workshops with community groups that share a similar mission and goal. She advised that 12 summer school programs are provided which include opportunities for remediation, acceleration, and enrichment for 2,090 students in grades pre-K - 12. She further advised that the summer school budget of approximately $475,000.00 covers transportation and staffing needs, with an additional $78,000.00 to provide one meal per day for approximately 1300 students. She explained that prog.~ms are offered in each quadrant of the Citv and reduced rates for tu,tion waivers a.m. based on economic stetus,~sing free or reduce.d lunches as a criteria. She called attention to 118 ongoing educational partnerships with community groups such as civic organizations, churches, non-profit organizations, social service groups and the private sector in order to enhance instructional and support program opportunities for youth. Ms. Runyon advised that the City's Department of Parks and Recreation continues to offer the school system a variety of recreational and environmental education programs such as, on and off-site outdoor educational programs provided by the City's Community Education Program, a one day leader training workshop conducted by the Depa,;,,,ent of Parks and Recreation staff, 20 indoor rock climbing programs provided through Adventures for Kids program at Hurt Park Primary School, the Cycle of Wildlife Outdoors program to enrich the science environmental curriculum, Adventures After School Program for 200 children, Career Day activities, Tennis for Kids, and in- school programs at three elementary schools. She stated that in the fall of 1997, Roanoke City Schools will partner with the Department of 109 Parks and Recreation by providing fitness opportunities to enhance life style behavior and overall wellness of students and the family through opportunities provided at the Family Fitness Center at Breckinridge Middle School. Mr. Snesd introduced Betty W. Whittaker, Aesistsnt Director, Roanoke Valley Chapter, American Red Cross, who provided assistance with water safety skills instruction; Henry W. English, II, Police Officer and DARE Camp Director; and Marion Vaughn-Howard, Youth Planner. Council Member Swain requested more information on the City's plans with regard to the golf program. ACTION: Without objection by Council, the Mayor advised that the briefings would be received and filed. ITEMS RECOMMENDED FOR ACTION: HUMANDEVELOPMENT-HOUSINGIAUTHORITY-GRANTS-FDETC. YOUTH-ROANOKE CITY BOXING ASSOC.: The City Manager submitted a written report with regard to Community Development Block Grant contracts for services, advising that on August 5, 1996, pursuant to Resolution No. 330594)80596, Council amended Section 2-124, Code of the City of Roanoke (1979), as amended, which authorizes the City Manager to execute any and all documents and amendments thereto, relating to any grant funds, or subgrants of funds to subrecipients, which are the subject of subsection (a) of the abovedescribed City Code section and the conditions therein, up to $25,000.00; and as part of the U. S. Departu,ent of Housing and Urban Development (HUD) Entitlement Consolidated Plan application, approved by Council on May 12, 1997, pursuant to Resolution No. 334024)51297, Council authorized grants for the following agencies: Fifth District Employment and Training Consortium - Business Training Initiative - $35,400.00; and Roanoke City Boxing Association, Inc. - Roanoke City Boxing Program - $50,700.00. 110 ACTION: It was further advised that approval by the U. S. Department of Housing and Urban Development of the City's fiscal year 1997-98 Community Development Block Grant (CDBG) application is forthcoming; Council authorized acceptance of the 1997-98 HUD Entitlement and appropriation of funds for CDBG activities, pursuant to Ordinance No. 33433-061697 and Resolution No. 33434-061697, adopted on Monday, June 16, 1997; and administrative agreements are necessary so that the funds may be obligated to the appropriate projects. The City Manager recommended that he be authorized to execute Community Development Block Grant agreemente and amendments thereto, if necessary, with the abovereterenced agencies, 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. Trout offered the following resolution: (#33466-070797) A RESOLUTION authorizing the appropriate City officials to enter info subrecipient agreements, and any necessary amendments thereto, with the Fifth District Emplo.yment & Training Consortium, and the Roanoke City Boxing Association, Inc., upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 60, page 24.) Mr. Trout moved the adoption of Resolution No. 33466-070797. 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: None.. (Vice-Mayor Wyatt was absent.) BRIDGES-CONSULTANTS R.EPORTS: The City Manager submitted a written report advising that the 1978 Surface Transportation Act enacted by Congress requires that all bridges, 111 including "off Federal Aid System" structures, be included in the bi- nnual inspection program; supplementary bridge inspection reports are required on 68 structures in the City this year, 40 structures (39 bHdgee and one tunnel) are inspected annually while 28 structures are inspectod bi-annually; inspection of one parkingetructure is required by prudent engineering practices; the Jefferson Street Old Pedestrian Underpass under Norfolk Southern Railway is to be inspected annually per agreement with the railroad; and on July 15, 1996, pursuant to Ordinance No. 33039-071596, Council authorized Agreements for Consultant Services for three years with Hayes, Seey, Mattam & Mattem, Inc., and Mattern and Craig, Inc. It was further advised that action by Council is necessary to authorize execution of Amendment No. 1 to Agreements for Consultant Services for year two of three, as follows: Agreement with Hayes, Seey, Mattom & Mattem, Inc., dated July 15, 1996, Ordinance No. 33039-071596: 1996 work scope: 36 bridges 4 parking garages $ 73,053.00 1997 work scope: 35 bridges 1 parking garage 57.999.00 1996 and 1997 total agreement amount $131,052.00 Agreement with Mattem & Craig, Inc., dated June 14, 1997, Ordinance No. 33039-071596: 1996 work scope: 37 bridges 15 overhead sign structures $ 69,500.00 1997 work scope: 32 bridges I tunnel (underpass) 52.400.00 1996 and 1997 total agreement amount $121,900.00 112 ACTION: The City Manager recommended that he be autho.'.nzed to execute Amendment No. 1, in a form to be approved by the City Attorney, to agreements with Hayes, Seay, Mattsm & Mattem, Inc., and Mat'(em & Craig, Inc., in the amounts of $57,999.00 and $52,400.00, respectively. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (ft33467-070797) A RESOLUTION authorizing execution of Amendment No. t to the City's agreement with Hayes, Seay, Mattem & Mattsm, Inc.; and authorizing the execution of Amendment No. 1 to the City's agreement with Mattsrn & 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. 60, page 25.) Mr. Trout moved the adoption of Resolution No. 33467-070797. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, INhito, Harris, Parrott and Mayor Bowers c. NAYS: None - 0. (Vice-Mayor INyatt was absent.) Council Member Swain inquired about State and/or local inspection of the Shaffara Crossing Underpass; whereupon, William F. Clark, Director of Public Works, advised that the City would not routinely, as a part of its annual bridge inspection program, inspect the underpass because the facility comes under the jurisdiction of Norfolk Southern Railway. He stated that it would appear that the railroad would be required annually to inspect all of its structures from a structural standpoint, however, he was unsure if the railroad is required to report its findings to any Federal regulatory agency on an annual basis. Mr. Swain requested that Mr. Clark investigate the matter to obtain more definitive information. 113 NEIGHBORHOOD ORGANIZATIONS-PARKS AND RECREATION I -HOUSING/AUTHORITY-PLANNING-GRANTS: .The City Manager submitted a written report advising that the GaJnaboro Professional Park Task Force was one of nine teak forces created in December 1992, to address concerns of the neighborhood; the current objective of the Task Force is to rehabilitate and reuse a former residential structure located at 124 Wells Avenue, N. E., for small business use; funding in the amount of $165,035.00 was approved as part of the City's 1993-94 Community Development Block Grant (CDBG) Program to relocate two structures (formerly 1t0 and 111 Wells Avenue) from their locations in the right-of-way of the Second Street project onto vacant lots on the west side of Wells Avenue; and project size was later modified to relocate only one structure (1tl Wells Avenue). It was further advised that the City applied for and received approval of a $100,000.00 Clean Site Grant from the Virginia Department of Housing and Community Development to assist with implementetion of the pJoject; a local match, committed Federal funds, or private sector commitment is required; and the Clean Sites Grant must be accepted by Council and appropriated to a revenue account in the Grant Fund. i The City Manager recommended that he be authorized to accept the $100.,000.00 matching grant through the Clean Sites Pro.gram an.d appropriate $100,000.00, with corresponding revenue estimates ~n 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. Trout offered the following emergency budget ordinance: "AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Approj~riations, and providing for an emergency." M, Trout moved the adoption of the ordinance. The motion was seconded by Mr. Parrott. I! There were questions with regard to funding for renovation of the structure at 124 Wells Avenue, N. W., and whether the project has received the endorsement of the Gainsboro community. John R. MaHles, Chief, Planning and Community Development, advised that the structure was formally used as a residential dwelling; however, it is 114 proposed to reuse the building for business office purposes, and renovating a structure for office or business/commercial use is considerably more expensive than rehabilitating for residential purposes. Question was raised as to whether Historic Gainsboro Preservation District, Inc., has endorsed the project; whereupon, Mr. Marlles advised that Historic Gainsboro Preservation District, Inc., was originally a member of the Gainsboro Coalition, but has since split from the group of organizations. The City Manager explained that the Gainsboro Coalition was composed of seven organizations; however, a small part of the Gainsboro Coalition did not wish to meet with City staff regarding a number of projects, and the group broke apart over the realignment and landscaping of Wells Avenue. He stated that the present group, which is referred, to as the existing Ga!nsboro Coalition, consists of representatives from old First Baptist Church, Southwest Virginia Community Development Fund, and Total Action Against Poverty. Evelyn D. Bethel, President, Historic Gainsboro Preservation District, Inc., advised that Hi.s. toric Gainsboro Preservation District, Inc., was a coalition when.old First Baptist Church, Total Action Against Poverty, Southwest Virginia Community Development Fund, and the Gainsboro Neighborhood Development Organization joined with Historic Gainsboro Preservation District, the People's Voters League, and the Roanoke Branch of the NAACP for two main purposes; viz: (1) to obtain historic designation for the Gainsboro area, and (2) to preserve the current road structure at that time (1991-92). She stated that as Historic Gainsboro's main objective was clarified, which pertained to the Wells Avenue realignment and historic designation, old First Baptist Church, Total Action Against Poverty, Southwest Virginia Community Development Fund and the Gainsboro Neighborhood Development Corporation decided that historic Gainsboro's objectives had been met and voted against Historic Gainsboro Preservation District, Inc., along with the Roanoke Branch of the NAACP and the People's Voters League, which, in effect, put those organizations out of the groups. She advised that the City Manager was promptly notified in wri~ng requesting that the remaining group not use the term Historic Gainsbc, ro, and they proceeded to organize a coalition with City staff and referred to themselves as the Gainsboro Coalition which has caused a great deal of confusion. She advised that the Gainsboro 115 II Coalition includes First Baptist Church, Total Action Against Poverty, Southwest Virginia Community Development Fund, and the Gainaboro Neighborhood Development Corporation, whichorganizations, along with the City, proceeded with negotiations, and members of Historic Gainsboro Preservation District, Inc., People's Voters League and the Roanok( Branch of the NAACP were not permitted to participate in the meetings. She explained that the Gainsboro Professional Park grew out of meetings between members of the Gainsboro Coalition and City officials, and Historic Gainsboro Preservation District, Inc., was not permitted to participate in the meetings, therefore, the agreement for the Gainsboro Professional Park was negotiated without the knowledge of Gainsboro residents or the Historic Gainsboro Preservation District, Inc. She advised that the Gainsboro Coalition does not refer to persons who live in Gainsboro, nor does it refer to persons who support the goals of Historic Gainsboro Preservation District, Inc. Mr. White requested that Council Members view the proposed recommendation not from the standpoint of dollars to be spent, but from the standpoint of the goodwill that will be generated if the Gainsboro Professional Park is successful in making a positive impact on the community for the benefit of small minority businesses. Mr. Harris spoke in support of continuing discussions with the City Manager and offered an amendment to the motion that the matter be tabled until the next regular meeting of Council on Monday, July 21, 1997, for further discussion. The amended motion was seconded by Mr. Swain and adopted, Council Member White voted no. WATER RESOURCES-EQUIPMENT: The City Manager submitted a written report recommending acceptance of the bid submitted by Griffin Pipe Products Company to provide ductile iron water pipe to the City for a period of one year; and that all other bids received by the City be rejected. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (~334684)70797) A RESOLUTION accepting the bid of Griffin Pipe Products Co., made to the City for furnishing and delivering ductile iron water pipe; and rejecting all other bids made to the City. (For full taxt of Resolution, see Resolution Book No. 60, page 26.) 116 ACTION: Mr. Harris moved the adoption of Resolution No. 33468-070797. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, Wlfite, Harris, Parrott and Mayor Bowers 6. NAYS: None... 0. (Vice-Mayor Wyatt was absent.) OCCUPATIONAL NURSE-CITY EMPLOYEES-HOSPITALS: The City Manager submitted a written report advising that in March 1995, Council authorized execution of a contract with Lewis-Gale Clinic, Inc., to provide pert-time physician services to the City for the period April 1, 1995 through June 30, 1995, with an option to renew for two additional one-year periods; on June 30, 1997, the existing contract for services expired with Lewis-Gale Clinic, Inc.; and specifications were developed and sent to medical institutions in the Roanoke Valley. It was explained that one proposal was received from Lewis-Gale Clinic, Inc., and reviewed an.d evaluated by representatives of Personnel Management, Occupational Health, and Supply Management. The City Manager recommended that he be authorized to execute a contract, in a form to be approved by the City Attorney, with Lewis- Gale Clinic, Inc., to provide part-time physician services, in the amount of $117.50 per hour, for a period of one year beginning July 1, 1997, with an option to renew the contract for four additional one-year periods. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution:-- (~33469-070797) A RESOLUTION authorizing execution of an agreement with Lewis-Gale Clinic, Inc., to provide part-time physician services for the City's Occupational Health Clinic. (For full text of Resolution, see Resolution Book No. 60, page 27.) 117 ACTION: Mr. Swain moved the adoption of Resolution No. 33469-070797. I The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers .... 6. NAYS: None ...... 0. (Vice-Mayor Wyatt was absent.) CITY CODE-FIRE DEPARTMENT: The City Manager submitted a written report advising that Council has historically adopted fire prevention codes and amendments as often as necessary in the interest of public safety; and City enforcement activities are currently being conducted under the 1993 Stetewide Fire Prevention Code, which also incorporates the 1993 BOCA Basic Fire Prevention Code. It was further advised that on April t5, 1997, the 1996 Virginia Stetewide Fire Prevention Code became effective, which is a mandatory Sttetewide set of regulations that must be complied with for the i protection of lif~ and prope.rty from the hazards of fire or explosion; and the Virginia Sttetewide Fire Prevention Code supersedes all fire prevention regulations heretofore adopted by local governments, and provides authorization for local governments to adopt fire prevention regulations that are more restrictive or extensive in scope than the Stetewide Firs Prevention Cede, Section 27-97, Cede of Virginia (1950), as amended. II The City Manager recommended that Council amend the City Code to adopt the 1996 Virginia Stetewide Fire Prevention Code, with modifications as set forth in a proposed ordinance, and authorize local enforcement of the Virginia Statewide Fire Prevention Code through the local Fir~ Marshal. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (#33470-070797) AN ORDINANCE amending and reordaining §12-1, Continuation. composition and control of fire de_Da~b,,ent, §12-2, Qualifications of members of fire de_Da~b~rpt- §12-3, Technical services ivision _uenerally. of Article I. In General. §12-16, AdoDted, §t2-17, 118 ACTION: J~.~JDJ.UQD~, §12-18, ~]].~ld_q)_~.D.t~ §12-19, .~ §t2-20, Recommendations as ~ amendments, of Article II, ~ Code, of Chapter 12, Fmre Prevention and Protectioll; and §20-74, Parkin.. stoooino or standina in a fire I;1~,, of Chapter 20, Motor Y__~_bJ_cJ_~t, of the Code of the City of Roanoke (1979), as amended, to update and clarify Chapter 12, Fire Prevention amd Protection, 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. 60, page 28.) Mr. Trout moved the adoption of Ordinance No. 33470-070797. 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: None ., (Vice-Mayor Wyatt was absent.) PARKS AND RECREATION~.-~rOMMUNICATIONS DEPARTMENT. CITY INFORMATION SYSTEMS EQUIPMENT: The City Manager submitted a written report advising that on May 12, 1997, Council concurred in development of a regional 800 MHz trunked radio system for Roanoke City and Roanoke County over the next five fiscal years, at an estimated cost of $6.7 million for Roanoke City; the project was included in the City Manager's recommended budget for fiscal year 1997-98 as a recommended supplemental budget, and Council adopted the budget on that date; and Phase II design report which is being prepared by the project consultant, Hayes, Soay, Mattem & Mattern, inc., wiii be compieted during the month of July, and will include detailed specifications for procurement of the system by the City and the County, which procurement process can then begin after finalization of system specifications by staff of Roanoke City and Roanoke County. It was further advised that options for procurement of the system permissible under current City Code provisions include competitive sealed bidding, competitive negotiation for other than professional services ~nd sole source procurement; the regional radio system 119 proposed for Roanoke. City and Roanoke County will be an expansion I of the current three.~lte 800 Roanoke MHz.trunked ai.mulcaet County system to include the City's M,II Mounta,n site, thereby allowing seamless communications by City and County staff throughout the Roanoke City-Roanoke County region; and the Oity and County will share ownership, operations and maintenance responsibilities for the system, and are in the process of developing a draft inter-local agreement addressing the issues for review by top management, which agreement may ultimately require the approval of Roanoke City Council and the Roanoke County Board of Supervisors. It was explained that the radio system in Roanoke County uses Motorola, Inc., technology; therefore, the regional system components purchased by the City must be fully compatible for the system to function at maximum efficiency and effectiveness; based on professional findings of the project consultant and review and confirmation of findings by professional in-house staff, the procurement process knownas competitive sealed bidding, is concluded not to be practicable or fiscally advantageous to the City; and Motorola, Inc., is the only source practicably available for procurement of the system. I .The City Manager recommended that Council concur in the follow, ng actions: Adopt a proposed resolution determining that the procurement method known as competitive sealed bidding is not practicable or fiscally advantageous to the City for the procurement of radio equipment to expand the existing Roanoke County 800 MHz trunked simulcast radio system to include Roanoke City in forming a seamless regional radio system operating at maximum effectiveness and efficiency; and authorize, instead, the use of the procurement method known as competitive negotiation for other than professional services in a sole source environment in order to negotiate with Motorola, Inc.; and Authorize the City Manager to negotiate an agreement with Roanoke County, in a form to be approved by the City Attorney, that will define operations and maintenance r~=,ponsibilities of the City and the County in relation to 120 ACTION: the regional system, as well as other aDDrODdate rinht~ nr r.e?ponsibilities of the City and the Co'u'nty~includi'ng--th-~ nght of each party to use the transmittina facilities of th,~ I'i other party. " -" - (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#33471-070797) A RESOLUTION authorizing the use of competitive negotiation with a sole source provider for the procurement of a Regional 800 MHz Trunked Radio System. (For full text of Resolution, see Resolution Book No. 60, page 33.) Mr.. Swain moved the adoption of Resolution No. 33471-070797. The motion was seconded by Mr. Trout and adopted by tJte following vote: ACTION: Mayor Bowers. NAYS: None- (Vice-Mayor Wyatt was absent.) Mr. Swain offered the following emergency ordinance: AYES: Council Members Swain, Trout, INhite, Harris, Parrott and 6. (#33472-070797) AN ORDINANCE authorizing the City Manager to enter into an agreement with the County of Roanoke for creation of a Regional 800 MHz Trunked Radio System. ... (For full text of Ordinance, see Ordinance Book No. 60, page 34.) T~ M.r.. Swain moved the adoption of Ordinance No. 33472-070797. ne mo.on was seconded by Mr. Trout and adopted by the followin vote: g r 121 AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt was absenL) BUDGET-PONCE DEPARTMENT-HUMAN DEVELOPMENT- YOUTH: The City Manager submitted a written report advising that the Roanoke City Office on Youth, in conjunction with the Roanoke City Police Department's Community Oriented Policing Efforts (C.O.P.E.) Unit, submitted a grant application to the State Department of Criminal Justice Services for funds to implement a program entitled, "Reaching Out", which is a three-component training program designed to incorporate the goal of the C.O.P.Eo model to reduce juvenile crime, violence and other negative behaviors/attitudes, to foster better police communication, and to develop programs/activities within the City's highest delinquency neighborhoods; and in May 1997, the Office on Youth, through the City Manager's Office, received official notification of application approval, in the amount of $9,000.00 in Federal funds, with no local money required for acceptance of the grant. I The C!ty Manager recommended that Council concur in the following actions: Authorize the City Manager, or his designee, to execute the appropriate document to accept the award from the Deparb,ent of Criminal Justice, in a form to be approved by the City Attorney; and Appropriate $9,000.00 in State grant funds and establish a corresponding revenue estimate into a Grant Fund account to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#33473-070797) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. I (For full text of Ordinance, see Ordinance Book No. 60, page 35.) 122 ACTION: ACTION: Mr. White moved the adoption of Ordinance No. 33473-070797. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt was absent.) Mr. White offered the following resolution: (#33474-070797) A RESOLUTION accepting a certain grant to implement a program entitled "Reaching Out" from the Commonwealth of Virginia's Depa,~,,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. 60, page 36.) Mr. White moved the adoption of Resolution No. 33474-070797. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers ........ --6. NAYS: None 0. (Vice-Mayor Wyatt was absenL) BUDGET-PARKS AND RECREATION-HUMAN DEVELOPMENT- 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 1997 Virginia Summer Food Service Program; the purpose of the program is to provide nutritionally balanced, healthy meals to children, ages one through 18, from Iow- income families at designated sites within the City during the summer months of t997; and $15,245.00 was allocated by Council in the 1997-98 budget to the Director of Human Development tosupport staffing and administration of the program. It was furthe, r advised that a grant application for the Virginia Summer Food Sew,ce Program was prepared by the Office on Youth on behalf of the City of Roanoke for consideration by the U. S. Department of Agriculture for funding for the period June 16, 1997 through August 8, 1997; and approximately 800 daily meals (lunches) are proposed for youths at certain participating sites. The City Manager recommended that (~ouncil endorse the application and concur in the following actions: Accept the subsequent grant award and authorize the City Manager to execute all documents necessary to accept the grant from the Uo S. Depart,,ent of Agriculture, in an amount not to exceed $66,000.00; Authorize the Director of Human Development to negotiate and execute a contract for food service with Roanoke City Schools, appropriate interdepa,~,,,ent agreements with Parks and Recreation, and agency agreements with the Roanoke Redevelopment and Housing Authority and Total Action Against Poverty, with all agreements and contracts to be in a form to be approved by the City A~orney; and Appropriate $66,000.00 in Federal funds and transfer $t 5,245.00 from General Fund Account No. 001-054-1270- 2010 to 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. Harris offered the following emergency budget ordinance: (#33475-070797) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 37.) ACTION: Mr. Harris moved the adoption of Ordinance No. 33475-070797. The motion was seconded by Mr. Swain and adopted by the following vote: 123 124 ACTION: ACTION: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers 6. ! ! NAYS: None 0. (Vice-Mayor Wyatt was absenL) Mr. Harris offered the following resolution: (~33476-070797) A RESOLUTION endorsing the grant application made on behalf of the City of Roanoke to the United States Depa,~,.ent of Agriculture for the 1997 Summer Food Service Program, accepting the subsequent grant award, authorizing execution of the necessary documents in connection with the grant, and authorizing the negotiation and execution of the appropriate agreements. (For full text of Resolution, see Resolution Book No. 60, page 38.) Mr. Harris moved the adoption of Resolution No. 33476-070797. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and ~ Mayor Bowers (;. NAYS: None (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 May 1997. . (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by Council, the Mayor ad, ~,ed that the Financial Report would be received and filed. 125 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 t997, budget funds were obligated for outstanding encumbrances; purchase orders or contracts were issued for goods and services as of the close of fiscal year t 995, but delivery of goods or performance of services had not been completed; and reappropriation of the funds carries forward unspent budget funds that were originally appropriated and are contractually obligated for goods and services. Appropriation amounts are as follows: General Fund Open Encumbrances $ 3.199.358.0~) Water Fund Open Encumbrances Sewage Fund Open Encumbrances S 605.485.00 Civic Center Fund Open Encumbrances Nursing Home Fund Open Encumbrances City Information Systems Fund Olden Encumbrances $ 66.895.0(I Materials Control Fund Open Encumbrances Management Services Fund Open Encumbrances Utility Line Services Fund I Open Encumbrances $ 157.366.00 126 ACTION: Fleet Management Fund Open Encumbrances Risk Management Fund Open Encumbrances School Fund Open Encumbrances The Director of Finance recommended that Council appropriate the abovedescrlbed 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: (#33477-070797) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 39.) Mr. Harris moved the adoption of Ordinance No. 33477-070797. The motion was seconded by Mr. Parrot/and adopted by the following vote: AYES: Council Members Swain, Trout, Wttite, Harris, Parrot/and Mayor Bowers -- 9. NAYS: None (Vice-Mayor Wyatt was absent.) Mr. Parrot/offered the following emergency budget ordinance: (*[33478-070797) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 42.) II ACTION: M.r. Parrott moved the adoption .of Ordinance No. 33478-070797. The motion was seconded by Mr. Swa,n and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers 6. NAYS: Nono 0. {Vice-Mayor Wyatt was absent.) Mr. Swain offered the following emergency budget ordinance: (#33479-070797) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Sewage Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 43.) 127 Mr. Swain moved the adoption of Ordinance No. 33479-070797. The motion was seconded by Mr. Trout and adopted by the following Mr. Trout offered the following emergency budget ordinance: (#33480-070797) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 44.) Mr. Trout moved the adoption of Ordinance No. 33480-070797. The motion was seconded by Mr. White and adopted by the following vote: Mayor Bowers NAYS: None (Vice-Mayor Wyatt was absent.) ACTION: i vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and 128 ACTION: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers 6. NAYS: None .... 0. (Vice-Mayor Wyatt was absent.) Mr. White offered the following emergency budget ordinance: (~33481-070797) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Nursing Home Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 44.) Mr. White moved the adoption of Ordinance No. 33481-070797. The motion was seconded by Mr. Harris and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers I;. NAYS: None (Vice-Mayor Wyatt was abeenL) Mr. Harris offered the following emergency budget ordinance: (#33482-070797) AN ORDINANCE to amend and reordain certain sections of the 1997-98 City Information Systems Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. $0, page 45.) Mr. Harris moved the adoption of Ordinance No. 33482-070797. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers -~6. NAYS: None,, (Vice-Mayor Wyatt was absent.) 129 Mr. Parrott offered the following emergency budget ordinance: (f,~3483-070797) AN ORDINANCE to amend and reordain certain sections of the t997-98 Materials Control Fund Appropriations, and providing for an emergency. (For full toxt of Ordinance, see Ordinance Book No. 60, page 46.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 33483-070797. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers ... NAYS: None .... (Vice~layor Wyatt was absent.) Mr. Swain offered the following emergency budget ordinance: I (~3484-070797) AN ORDINANCE to a.mend and reordain certain sections o.f the 1997-98 Management Services Fund Appropriations, and provid,ng for an emergency. ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 47.) Mr. Swain moved the adoption of Ordinance No. 33484-070797. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers 6. NAYS: None (Vice-Mayor Wyatt was absent.) Mr. Trout offered the following emergency budget ordinance: ACTION: (#33485-070797) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Utility Line Services Fund Appropriations, and providing for an emergency. .i (For full text of Ordinance, see Ordinance Book No. 60, page 48.) Mr. Trout moved the adoption of Ordinance No. 33485-070797. 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 --6. NAYS: None (Vice-Mayor Wyatt was absent.) Mr. White offered the following emergency budget ordinance: (~33486-070797) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Fleet Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 48.) Mr. White moved the adoption of Ordinance No. 33486-070797. 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 absent.) Mr. Harris offered the following emergency budget ordinance: (~33487-070797) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Risk Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 49.) 131 I ACTION: M.r. Harris moved the adoption of Ordinance No. 33487-070797. The motion was seconded by Mr. Parrott and adopted by the following vote: ACTION: Mayor Bowers .... NAYS: Nono .... (Vice-Mayor Wyatt was absent.) AYES: Council Members Swain, Trout, tNhite, Harris, Parrott and 6. Mr. Parrott offered the following emergency budget ordinance: (#33488-070797) AN ORDINANCE to amend and reordain certain sections of the t997-98 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 50.) Mr. Parrott moved the adoption of Ordinance No. 33488-070797. The motion was seconded by Mr. Swain :,nd adopted by the following The City Attorney further advised that his report will provide background information for Council and recommends a public hearing to be held on July 28, 1997, with two City Council work sessions, one before and one after the public hearing. ELECTIONS-COUNCIL: The City Attorney submitted a written report aa'vising that the Modified Election District Task Force made its final report to Council on Monday, June 16, 1997, at which time the matter was referred to the City Attorney's Office for the purpose of establishing a public hearing to be held at the Roanoke Civic Center. CITY ATTORNEY: (Vice-Mayor INyatt was absent.) NAYS: None 0. Mayor Bowers 6. i vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and The City Attomey explained that the Task Force has recommended that in May 2000, the.Ma.yor be elected at large and three Council Members be elected from districts, and o~the first Tuesday in May 2002, the Vice-Mayor be elected at large and the other two Council Membera be electsd from districts; implementation of the foregoing timetable can be accomplished by holding a referendum in either November 1997 or May 1998; although Council has not acted on the issue, the proposed chronology assumes a November t997 referendum; and if a referendum is to be held in November, considerable work is necessary by Council and the City Attorney's Office in a short period of time. The City Attorney further explained that a second procedure, which has not recently bssn utilized in the City of Roanoke, permits the holding of a referendum with respect to a proposed Charter amendment; specifically, Section 15.1-834, Code of Virginia (1950), as amended, permits a municipality to hold an election to determine if the qualified voters desire that the Council request a specific amendment to the City Charter from the General Assembly, thus, when a rafersndum is held, the electorate votes to approve or reject a specific amendment to the City Charter, which means that (t) the specific charter amendment language, including all the details of the modified election district plan agreed to by City Council, and (2) the specific language of the question to be placed on the ballot must be agreed to so that a Writ of Election can be obtained from the Circuit Court 60 days in advance of the date of the referendum. In order to allow Council the opportunity to adequately consider and resolve these and other issues, the City Attorney advised that two City Council work sessions are proposed - one session before the public hearing and the second after the public hearing; the work session prior to the public hearing will prepare Council to better understand issues that may be raised by citizens at the public hearing; the work session after the public hearing will afford Council the opportunity to consider any issues raised by citizens at the public hearing, and a date and time for a third Council work session have been set aside in case a third session is needed; and Council will need to approve the proposed schedule for work sessions and public hearing by motion. The City Attorney proposed the following chronology if a November 1997 referendum is to be held: 07115/97 City Council holds first work session to consider modified I 8:30 a.m. election district system recommended by Citizen's Task Force. 133 07118/97 Publish Notice of Public Hearing in ~ and J~]9~:lblJJ~. 07128197 7:00 p.m. City Council holds public hearing on election district plan recommended by Citizen's Task Force. 07129197 2:00 p.m. 08112/97 2:00 p.m. Second City Council work session. Reserved for third City Council work session if needed. 08118/97 City Council adopts resolution approving language of proposed Charter amendment and question to be placed on ballot and directing City Attorney to take action necessary to cause a referendum to be held. ~ 08119197 File petition requesting entry of Writ of Election by Circuit ! Court. 09106197 Writ of Election entered by Circuit Court must be filed with State Board of Elections 60 days prior to date of referendum.* Section 24.2-682. See Section 24.2-684 as to form of ballot. 10124/97 Text of or an informative summary of proposed Charter amendment must be published at least 10 days prior to referendum. Section t5.1-384 (Section 15.2-201 after 10101197). 11104/97 Referendum as to proposed Charter amendment. * City Attorney will seek Department of Justice preclearance of date and procedures relating to referendum under the Voting Rights Act (not preclearance of plan; this comes only after General Assembly approval). (For full text, see report on file in the City Clerk's Office.) 134 ACTION: Mr. Trout m.oved that Council concur in the report of the City Attorney. The motion was seconded by Mr. Swain and adopted. .BONDS/BOND IS. SUES-CAPITAL IMPROVEMENTS PROGRAM: The City Attorney subm,tted a written report advising that .a.t the Ca. pital Improvement Program Workshop on June.26, 1997, Council was briefed on the schedule of legal actions re.q.u,red for c.onduct of a bond referendum on November 4, 1997; the timetable which was suggested ~on Ju.ne .2.6 was. i,ntended to give Council the maximum amount of time make I~ dec,s,ons with respect to the Capital Impro. vement Program.. and bond issue and still meet legal deadlines; and given that Council ~ompleted i~ deli_b_e_rations with respect to the Capital Improvement rogram on aune z6, an updated schedule is provided. It .was further advised that prior to. the adop?on of any ordinance authorizing issuance of bonds, Council is required to hold a public hearing; after the public .hearing on July 21, 1997, Council will need to adopt two ordinances, viz: the first ordinance .._.. ..... ..... . wm aumorlze issuance or =onus, ane me second.ordinanc..e, will direct and provide for a bond rsfersndum; the latter ord,nance ~nll s.et out the question to be placed on the bond rafem..ndum ballot; immediately after Co..uncil's adoption of the two bond ordlna.n, cee on July 21, a pe~tion will .be filed with the Circuit Court requesting the entry of a Wnt of Election ordering the bond referendum on November 4, 1997, which must be entered by the ~;ircuit Court and filed.with the Slate Board of Ele. ctions at least 60 days prior to Election Day, and at least ten days prior to the election, the General Registrar will cause a notice of ele~*=~- ...:,L ...... ...... · .-~,. w,m respec! to tire r~ona remrenaum to be published in a newspaper of general circulation. The City Attorney explained that a bond referendum cannot be held without approval of the .United States Department of Justice under the Voting Ri.g. hte Act; as ,n the case of any election, the Justice Department w, II review the date of the election, election procedures, etc., to determine whether there is any abridgement of minority votin rights; and a request for exn,~dited c"--:-' ..... ' ..... g .~ ...... r-- ~,-=,uurauon Will De suDmit'md tn ..me .a.u.s..uce _.uep.a. rmlent immediately after the Circuit Court h=- me wr,t of Election requiring the referendum. - ....... The City Attorney proposed the following schedule of legal actions: 135 07107197 Publish first Notice of Public Hearing in newspaper of general circulatiop., as required by Section 15.1-227.8, Code of Virginia (t950), as amended. Ordinances to be considered by City Council on July 21, 1997, must be filed in the Office of the City Clerk for review by public. 07114/97 Publish second Notice of Public Hearing required by Section 15.1-227.8. 07121/97 Council holds required public hearing and adopts ordinance authorizing bond issue and ordinance directing and providing for a bond referendum. 07122/97 Present petition requesting Writ of Election to Circuit Court. 09106197 Writ of Election entered by Circuit Court must be filed with State Board of El~gtdons at least i 60 days prior to election day. Section 24.2- 682. See Section 24.2-684 as to form of ballot. * 10125197 Publish notice of election at least ten days before election. Section 15.t-227.t2 11104/97 Election Day * Referendum must also be approved by the Department of Justice under the Voting Rights Act. A minimum of 60 days is required for approval, but we cannot submit until order is entered. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Trout moved that Council concur in the report of the City Attorney. The motion was seconded by Mr. Swain and adopted. 136 ACTION: REPORTS OF COMMITTEES: ZONING-CITY PROPERTY-COMMUNICATIONS DEPARTMENT- LEASES-WATER RESOURCES-EQUIPMENT-STREETS AND ALLEYS: Council Member James O. Trout, Vice.Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of a lease agreement with Virginia PCS Alliance, LLC, for leasing space on City-owned facilities to locate personal communication system antenna. A staff report advised that a desire to locate Pereonal Communication System (PCS) antenna on one of the City's water tanks has been expressed by Virginia PCS Alliance, LLC, a PCS provider; and on January 21, 1997, Council approved and adopted the City of Roanoke policy as to wireless telecommunications facilities located on City property, in accordance with recommendations set forth in a report of the Water Resoumes Committee, under date of January 21, 1997. It was explained that a lease agreement for use of City facilities has been negotiated with Virginia PCS Alliance, LLC, for use of the Washington Heights Tank site, located in the 4100 block of Wyoming Avenue, N. W., Official Tax No. 2770406. The Water Resources Committee recommended that Council authorize the City Manager to execute a lease agreement, subject to approval as to form by the City Attorney, with Virginia PCS Alliance, LLC, for use of the Washington Heights Tank site, located in the 4t00 block of Wyoming Avenue, N. W., Official Tax No. 2770406, in accordance with City policy. (For full text, see reports on file in the City Clerk's Office.) Mr. Trout moved that the following ordinance be placed upon its first reading: (#33489) AN ORDINANCE authorizing the proper City officials to enter into a Lease Agreement between the City and Virginia PCS Alliance, LC., a Virginia Limited Liability Company, for use of the Washington Heights Water Tank and site located in the 4100 block of Wyoming Avenue, N. W., and the use of the Summit Water Tank and site located in the area of 4500 Franklin Road, S. W., on the dead end 137 of Summit Way Drive, S. W., (a private road) for the placement, operation, and maintenance of Personal Communication System antennas and related equipment, upon cartain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 59.) The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers 6. NAYS: None (Vice.Mayor Wyatt was absent.) SEWERS AND STORM DRAINS-EASEMENTS-CITY PROPERTY- 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 property rights across a vacant lot in connection with the Weetchester Sanitary Sawer ProjecL. . I A staff report adwsed that the Westchester Samtary Sewer was constructed by a developer in the late 1940's; an easement was provided for the sewer, however, the developer mistakenly constructed the sewer outside the dedicated easement; the Westchester area was located :,~ Roanoke County at that time, and the area was annexed by the City in 1976; and the property owner has agreed to sell a 15-foot sanitary sewer easement for $12,000.00, plus a public water service connection and meter at 4015 Mudlick Road, S. W. The Water Resources Committee recommended that Council authorize acquisition of a 15-foot sanitary sewer easement, in a form to be approved by the City Attorney, for the Westoheeter Sanitary Sewer across property described as Official Tax No. 5060725. (For full text' see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: 138 ' ACTION: (#33490-070797) AN ORDINANCE providing for acquisition of certain property rights across a vacant lot identified by Roanoke City Tax Map No. 5060725, in connection with the Weetchaster Sanitary Sewer Project, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 51.) Mr. Trout moved the adoption of Ordinance No. 33490-070797. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers ... I;. NAYS: None 0. (Vice-Mayor Wyatt was absent.) 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 an agreement with Norfolk and Western Railway Company to construct, remove, replace, and maintain a sanitary sewer pipeline located on railroad property and to indemnify the railroad of liability related to such construction, removal, replacement, and maintenance in connection with the Roanoke River Interceptor Sewer Project. A staff report explained that the Roanoke River Interceptor Sewer Replacement Project consists of replacing the existing sewer line with a larger sewer line from the Water Pollution Control Plant to the western City limits; the project will follow Norfolk and Western Railway property on the opposite side of the Roanoke River from the Water Pollution Control Plant; agreements are 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 do the work, the railroad requires the City to agree to broad indemnification of the railroad, including environmental matters. 139 ACTION: The Water Resources Committee recommended that Council authorize the City Manager to execute the necessary agreement with Norfolk and Western Railway Company, 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: (#33491-070797) AN ORDINANCE approving and authorizing execution of an agreement with the Norfolk and Western Railway Company to allow installation of a sanitary sewer line across property owned by the railroad in connection with the Roanoke River Interceptor Sewer Project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 52.) Mr. Trout moved the adoption of Ordinance No. 33491-070797. The motion was seconded by Mr. Swain and adopted by the following vote: i AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers 6. NAYS: None .... 0. (Vice-Mayor Wyatt was absenL) BUDGET-TRAFFIC-CONDEMNATION PROCEEDINGS-CITY PROPERTY-WATER RESOURCES-STREETS AND ALLEYS: 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 property rights needed by the City for intersection widening in connection with the installation of traffic signals at the intersection of Herahberger Road and Wsstside Boulevard, N. W., and the intersection of Main Street, Elm Avenue and Ferdinand Avenue, S. W. A staff report advised that the intersection of Hershberger Road and Westside Boulevard, N. W., as well as the intersection of Main Street/Elm Avenue/Ferdinand Avenue, S. W., are locations which are justin, ed for signalization in the City; the Capital Improvement 140 Program adopted by Council on August 8, 1994, includes projects for installation of new traffic signals at these intersections, and the bond referendum approved by the voters on November 8, t994, approved funding for the Capital Improvement Program. It was further advised that traffic signal plans are presently being developed, and upon completion, the plans will enable the City to begin material requisitions for items such as the traffic signal controller and cabinet and galvanized poles with mast arms which usually require five months for fabrication and delivery; relatod underground conduit and pole base work, and roadway widening for a turn lane on Hershberger Road, will need to be contracted out; schedule for completion of the HershbergerRVeetside intersection is the end of 1997, while the Main/Elm/Ferdinand intersection will be completed in early 1998; and funding is needed for acquisition of certain property rights which will need to be acquired on the following official tax numbers, pursuant to agreements based on appraisals: PROPERTY OWNER City of Roanoke 2670901 R. Kent Wright 6390229 Mohammad Jan Khan 2670208 Timothy D. Wright 2670201 B & D Comics, Inc. 1120901 Lee Limited, Inc. 112O9O2 1120903 The Water Resources Committee recommended that Council concur in the following actions: Transfer $26,000.00 from Account No. 008-052-9701-9191, Public Improvement Bonds 1996 - Streets and Sidewalks, into Account No. 008-052-9561-9001, Traffic Signal Installation of New Signals; and ACTION: Provide authorization to secure the necessary property fights identified above by making offers based upon appraisals not to exceed $25,000.00 and providing for the City Attorney to institute condemnation proceedings if necessary. (For full text, see reports on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33492-070797) AN ORDINANCE to amend,and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 53.) Mr. Trout moved the adoption of Ordinance No. 33492-070797. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and I Mayor Bowers.. NAYS: None 0. (Vice-Mayor Wyatt was abeenL) Mr. Trout offered the following emergency ordinance: (#33493-070797) AN ORDINANCE providing for acquisition of certain property rights needed by the City for the intersection widening in connection with the installation of a traffic signal at the intersections of (a) Hershberger Road and Westside Boulevard, N. W., and (b) Main Street, F:m Avenue, and Ferdinand Avenue, S. W.; setting · certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 54.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33493-070797. The motion was seconded by Mr. Swain and adopted by the following vote: 142 AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowam ...... 6. ~ NAYS: None.. 0. (Vice-Mayor Wyatt was absent.) CITY PROPERTY-SPECIAL PERMITS-CHURCHES-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 authorization to grant a conditional permit to Raleigh Court United Methodist Church for encroachment of a parking area into the City Hght-of-way along Windsor Avenue, S. W. A staff report advised that the facility located at the corner of Windsor Avenue and Grandin Road, S. W., is owned by Raleigh Court United Methodist Church; and expansion of the parking area for the Church is being done to provide additional spaces and handicapped accessibility. It was explained that the proposed expansion to the parking area will encroach approximately five feet into the right-of-way of Windsor Avenue, S. W.; the surface of the proposed parking area will be lower than the existing surface and will more closely match the level of the existing sidewalk; the property owner has requested a conditional permit to allow the expansion to be constructed; a setback variance may need to be obtained from the Board of Zoning Appeals (BZA); current parking spaces along Windsor Avenue already appear to encroach in tbe public right-of-way; and the owner's representative has been notified of possible Board of Zoning Appeals requirements. The Water Resources Committee recommended that Council authorize a conditional permit to Raleigh Court United Methodist Church to allow encroachment of the parking area into the City right-of- way along Windsor Avenue, S. W., in a form to be approved by the City Attorney, and subject to any required approval by the Board of Zoning Appeals. (For full text, see reports on file in the City Clerk's Office.) 143 ACTION: Mr. Trout moved that the following ordinance be placed upon its first reading: (#33494) AN ORDINANCE granting a conditional permit to allow for the encroachment of a parking area over and into the right-of-way along Windsor Avenue, S. W., located adjacent to the parking area of the Raleigh Court United Methodist Church, Official Tax No. 1440701, subject to any required approval of the Board of Zoning Appeals, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 60.) 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: Nor.-'. (Vice-Mayor Wyatt was absent.) UNFINISHED BUSINESS: None, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ~. ~ P~LICE DEPARTMENT-DECEASED PERSONS: Mr. Swain offered the following resolution memorializing the late M. David Hooper, Chief of Police: ACTION: (t/33495-070797) A RESOLUTION memorializing the late M. David Hooper. (For full text of Resolution, see Resolution Book No. 60, page 55.) Mr. Swain moved the adoption of Resolution No. 33495-070797. The motion was seconded by Mr. Harris and adopted by the following vote: 144 ACTION: AYES: Council Membere Swain, Trout, White, Harris, Parrott and Mayor Bowers 6. '~ NAYS: None 0. (Vice-Mayor Wyatt was absent.) ZONING-STREETS AND ALLEYS: Ordinance No. 33457 rezoning a certain tract of land located on the north side of Cove Road, N. W., containing 5.78 acres, more or less, and identified as Official Tax No. 6410111, from RS-3, Residential Single-Family Dis~ct, to RM-3, Residential Multifamily, High Density District, subject to proffers contained in the First Amended Petition filed in the Office of the City Clerk on May 22, 1997, having previously been before the Council for its first reading on Monday, June 16, 1997, 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: (#33457~70797) AN ORDINANCE to amend §36.t-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. 60, page 1.) Mr. Parrott moved the adoption of Ordinance No. 33457-070797. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers ... 6. NAYS: None (Vice-Mayor Wyatt was absenL) ZONING: Ordinance No. 33458 rezoning a certain tract of land containing 114 parcels in the Norwich neighborhood located in the southwest quadrant of the City, bounded generally by Penn Street or Charlevoix Court on the north, by Roanoke Avenue on the south, by Ashlawn Street on the east and by Bridge Street or Irvine Street on the west, Official Tax Nos. 1420801, 1420802, 1420803, 1420804, 1420805, 145 1420806, 1420807, 1420808, 1420809, 1420810, 1420811, 1420812, 1420816, 1420817, 1420818, 1420819, 1420820, 1420821, 1420822, 1420823, 1420824, 1420825, 1420826, 1420827, 1420907, 1420908, 1420909, 1420910, 1420911, 1420912, 1420913 1421011, 1421012, 1421013, 1421014, 1421015 1421018, 1421110, 1421111, 1421112, 1421113 1421116, 1421117, 1421118, 1421119, 1421120 1420916, 1420917, 1420919, 1420920, 1420921 1420924, 1420925, 1421001, 1421002, 1421003 1421006, 1421007, 1421008, 1421009, 1421101 1421104, 1421105, 1421106, 1421107, 1421108 1420316, 1420317, 1420318, 1420319, 1420320 1420323, 1420509, 1420510, 1420511, 1420512 1420515, 1420516, 1420501, 1420502, 1420503 142050~. 1420507, 1420508, 1420402, 1420403 1420406, 1420407, 1420408, 1420409, from HM, Heavy Manufacturing District, to RS-3, Residential Single-Family District, pursuant to the First Amended Petition filed in the Office of the City Clerk on May 27, 1997; that certain tract of land containing 31 parcels, in the Norwich neighborhood located in the southwest quadrant of the City, bounded generally by Roanoke Avenue on the north, by Norwich Park on the east and by BHdge Street on the west, Official Tax Nos. 1421601, 1421602, 1421603, 1421201, 1421202, 1421203, 1421627, 1421628, 1421629, 1421204, 1421205, 1421206, 1421207, 1421208, 1421209, 1421210, 1421211, 1421215, 1421217, 1421218, 1421219, 1421220, 1421221, 1421222, 1421223, 1421224, 1421301, 1421303, 1421304, 1421308, 1322201, from LM, Light Manufacturing District, to RS-3, Residential Single-Family District, pursuant to the First Amended Petition filed in the Office of the City Clerk on May 27, 1997; that a certain tract of land containing six parcels, in the Norwich neighborhood, bounded generally by Norfolk Southern Railway lines on the north and Roanoke Avenue on the south, including one parcel on the south side of Roanoke Avenue, Official Tax Nos. 1322002, 1322003, 132200,, 1322026, 1322027 and 1322201, from LM, Light Manufacturing District, to RS-3, Residential Single-Family District,-pursuant to the First Amended Petition filed in the Office of the City Clerk on May 27, 1997; that certain tract of land containing three parcels, in the Norwich neighborhood, bounded on the north by Roanoke Avenue and on the west by Rolfe Street (known as Norwich Park and Recreation Center), owned by the City of Roanoke, Official Tax Nos. 1322110, 1421402 and 1421405, from LM, Light Manufacturing District, to RS-3, Residential Single-Family District, pursuant to the First Amended Petition filed in 1420914, 1421010, 1421016, 1421017, 1421114, 1421115, 1421121, 1421122, 1420922, 1420923, 1421004, 1421005, 1421102, 1421103, 1421109, 1420315, 1420321, 1420322, 1420513, 1420514, 1420504, 1420505, 1420404, 1420405, 146 ACTION: the Office of the City Clerk on May 27, 1997; that certain tract of land containing three pamels in the Norwich neighborhood on the east side of Bridge Street, Official Tax Nos. 1420314, 1420901 and 1420926, from HM, Heavy Manufacturing District, to CN, Neighborhood Commercial District, pursuant to the First Amended Potitlon filed in the Office of the City Clerk on May 27, 1997, having previously been before the Council for its first reading on Monday, Juno t6, 1997, 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: (#33458-070797) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 132 and 142, Sectional t976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 60, page 2.) Mr. White moved the adoption of Ordinance No. 33458-070797. 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: None 0. (Vice-Mayor Wyatt was absenL) Ms. Patricia Toney, 2222 Russell Avenue, S. W., and The Reverend Bruce Robinson, 520 King George Avenue, S. W., appeared before Council and expressed appreciation on behalf of the Norwich community. STREETS AND ALLEYS: Ordinance No. 33459 permanently vacating, discontinuing and closing a portion of a 12-foot wide alley as the same is bounded on the west by parcels identified as Official Tax Nos. 2120801 - 2120806, inclusive, and on the east by parcels identified as Official Tax Nos. 2120810 - 2120815, inclusive, having previously been before the Council for its first reading on Monday, June 16, 1997, 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: i 147 ACTION: · (t/33459-070797) AN ORDINANCE permanently vacating, d,scontinuing and closing certain public right-of-way in the C,ty of Roanoke, Virginia, as are more particulady described hereinafter. (For full text of Ordinance, see Ordinance Book No. 60, page 5.) Mr. Trout moved the adoption of Ordinance No. 334594)70797. The motion was seconded by Mr. Harris and adopted by the following vote: ACTION: AYES: Council Members White, Harris, Parrott, Swain, Trout and Mayor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt was absent) ZONING: Ordinance No. 33460 rezoning six tracts of land lying to the south of Orange Avenue (State Route 460) on 10th Street, Official Tax Nos. 2120810, 2120811, 2120812, 2120813, 2120814, and 2120815, from RM-2, Residential Multifamily, Medium Density District, to C-2, General Commercial District, subject to certain proffers contained in the First Amended Petition filed in the Office of the City Clerk on June 3, 1997, having previously been before the Council for its first reading on Monday, June 16, 1997, read and adopted on its first reading and laici over, was again before the body, Mr. Parrott offering the following for its second reading and final adoption: (tV33460-070797) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 212, 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. 60, page 7.) Mr. Parrott moved the adoption of Ordinance No. 33460-070797. 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 6. NAYS: Non: (Vice-Mayor Wyatt was absent.) CITY CODE-ZONING: Ordinance No. 33461 amending and reordaining §36.1-250, SDecial exception use=, of Subdivision A. LM: Lipht Manufacturinu District of Division 4, ~ of Article III, ~ of Chapter 36.1, ~,gDJllg, of the Code of the City of Roanoke (1979), as amended, by adding new subsection (8) to provide for automobile paint and body shops as a special exception use, having previously been before the Council for its first reading on Monday, June 16, 1997, 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: (#33461-070797) AN ORDINANCE amending, and reordaining §36.1-250, S~ecial exceDtion ,_,_~e~, of Subdivision A. ~ Manufacturina Distri;t of Division 4, J/~ of Article III, ~ of Chapter 36.1, Z_9/]jDg, of the Code of the City of Roanoke (1979), as amended, by adding new subsection (8) to provide for automobile paint and body shops as a special exception use. (For full text of Ordinance, see Ordinance Book No. 60, page 8.) Mr. White moved the adoption of Ordinance No. 33461-070797. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers " --6. NAYS: None.. (Vice-Mayor Wyatt was absent.) ZONING: Ordinance No. 33462 rezoning a certain tract of land containing approximately two acres, lying along the south side of the 900 block of Moorman Road, N. W., the northwest comer of 10th Street and Moorman Road and the southeast comer of Moorman Road and 9th Street, Official Tax Nos. 2110210, 2110211, 2110212, 2110227, 2110228, 149 ACTION: 2110229, 2110230, 2110401, 2110402, 2121214 and 2121215, from RM-2, Residential Multifamily Medium District, and C-1, Office District, to C-2, General Commercial District, subject to proffers contained in the amended petition filed in the Office of the City Clerk on March 6, 1997, having previously been before the Council for its first reading on Monday, June 16, t997, 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: (#33462-070797) AN ORDINANCE to amend §36.t-3, Code of the City of Roanoke (1979), aa amended, and Sheet No. 211, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the ap~licanta. (For full text of Ordinance, see Ordinance Book No. 60, page 10.) Mr. White moved the adoption of Ordinance No. 33462-070797. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt was absent.) SCHOOLS-STREETS AND ALLEYS: Ordinance No. 33463 permanently vacating, discontinuing and closing a certain undesignated public right-of-way abutting the northerly property line of Woodrow Wilson Junior High School, end the westerly right-of-way boundary of Dudding Street and Carter Road, S. W., in order to establi$:, a new right-of-way boundary along the westerly side of Dudding Street and Carter Road, as shown on a plat for the City of Roanoke recorded in Deed Book 620, page 312, having previously been before the Council for its first reading on Monday, June 16, 1997, 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: (#33463-070797) AN ORDINANCE permanently vacating, discontinuing and closing certain undesignated public righta-of-way in the City of Roanoke, Virginia, and rededicating and establishing new ACTION: right-of-way boundaries, pursuant to §15.1-482(b) of the Code of Virginia (1950), as amended, as ars more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 60, page 11.) Mr. Harris moved the adoption of Ordinance No. 334634)70797. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers 6. NAYS: None. (Vice-Mayor Wyatt was absent.) ZONING: Ordinance No. 33464 rezoning a certain 1.527-acre parcel of land lying in the northeast quadrant of the City, identified as Official Tax No. 7230302, from RA, Residential Agriculture District, to LM, Light Manufacturing District, pursuant to a Petition filed in the Office of the City Clerk on May 8, 1997, subject to any changes required by the City during site plan review, having previously been before the Council for its first reading on Monday, June t6, 1997, 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: (#33464-070797) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 723, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 60, page 14.) Mr. Harris moved the adoption of Ordinance No. 334644)70797. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor B~wers-- 6. NAYS: None, 0. (Vice-Mayor Wyatt was absent.) 151 ACTION: ACTION: MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUKCIL: None. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 4:45 p.m., the Mayor declared the meeting in recess. At 5:20 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Vice-Mayor Wyatt. 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 were heard, discussed or considered by City Council. The motion was seconded by Mr. Parrott and adopted by the follewing vote: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers 6. NAYS: None ... --0. (Vice-Mayor Wyatt was absent.) OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that the term of office of Patrick B. Shumate as a member of the Youth Services Citizen Board expired on May 31, 1997, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Patrick B. Shumate. There being no further nominations, Mr. Shumate was reelected as a member of the Youth Services Citizen Board, for a term ending May 31, 2000, by the following vote: Fr~R MR. SHUMATE: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers 6. (Vice-Mayor Wyatt was absent.) 152 ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that the term of. office of LuJean Bedard as a member of the Roanoke Arts Comm,ssion expired on June 30, 1997, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of LuJean Bedard. There being no further nominations, Ms. Bedard was reelected as a member of the Roanoke Arts Commission, for a term ending June 30, 2000, by the following vote: FOR MS. BEDARD: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers 6. (Vice-Mayor Wyatt was abeenL) COMMITTEES-SPECIAL EVENTS COMMITTEE: The Mayor advised that the term of office of William H. Carder as a member of the Special Events Committee expired on June 30, t997, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of William H. Carder. There being no further nominations, Mr. Carder was reelected as a member of the Special Events Committee, for a term ending June 30, t998, by the following vote: FOR MR. CARDER: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers ..... 6. (Vice-Mayor Wyatt was absenL) COMMITTEES-HUMAN DEVELOPMENT: Th~ Mayor advised that the terms of office of Raleigh Campbell, Frank W. Feather, Bernice F. Jones, Harold P. Kyle, Alphonso McCain, and Glenn D. Radcliffe as members of the Human Services Committee expired on June 30, 1997, and called for nominations to fill the vacancies. Mr. Swain placed in nomination the names of Raleigh Campbell, Frank W. Feather, Bernice F. Jones, Harold P. Kyle, Alphonso McCain, and Glenn D. Radcliffe. 153 ACTION: ACTION: There being no further nominations, Ms. Jones and Messrs. Campbell, Feather, Kyle, McCain and Radcliffe were reelected as members of the Human Services Committee, for terms ending June 30, 1998, by the following vote: FOR MS. JONES AND MESSRS. CAMPBELL, FEATHER, KYLE, MCCAIN AND RADCLIFFE: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers... 6. (Vice-Mayor Wyatt was absent.) COMMITTEES-CULTURAL SERVICES COMMITTEE: The Mayor advised that the terms of office of Beverly A. James, Frances L. Keen, George A. Kegley, William L. Les, and Sandra W. Ryals as members of the Cultural Services Committee expired on June 30, t997, and called for nominations to fill the vacancies. Mr. Swain placed in nomination the names of BeveHy A. James, Frances L. Keen, George A. Keglay, William L. Les, and Sandra W. Ryala. There being no further nominations, Ms. James, Ms. Keen, Ms. Ryala a*,~-J Messrs. Kegley and Lee were reelected as members of the Cultural Services Committee, for terms ending June 30, 1998, by the following vote: FOR MS. JAMES, MS. KEEN, MS. RYALS AND MESSRS. KEGLEY AND LEE: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers 6. (Vice-Mayor Wyatt was absent.) COMMITTEES-PARKS AND RECREATION: The Mayor advised that the terms of office of Mary E. Kepley, Carl H. Kopitzke, Jordan B. Peck, III, G. Scott Shackelford, Ralph K. Smith, Barry L. Thomas, and James O. Trout as members of the Mill Mountain Advisory Committee expired on June 30, 1997, and called for nominations to fill the vacancies. Mr. Swain placed in nomination the names of Mary E. Kepley, Carl H. Kopitzke, Jordan B. Peck, III, G. Scott Shackelford, Ralph K. Smith, L;:.rry L. Thomas, and James O. Trout. 154 There being no further nominations, Ms. Kepley, and Messrs. Kopitzke, Peck, Sha.c. kelford, Smith, .Thomas and. Trout were reelected as members of the M~II Mountain Advmory Comm;ttes, for terms ending June 30, 1998, by the following vote: ACTION: FOR MS. KEPLEY AND MESSRS. KOPITZKE, PECK, SHACKELFORD, SMITH, THOMAS AND TROUT: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers $. (Vice-Mayor Wyatt was absent.) COMMITTEES-PARKS AND RECREATION: The Mayor advised that them am two vacancies on the Mill Mountain Advisory Committee and called for nominations to fill the vacancies. Mr. Swain placed in nomination the name of Betty Field. Mr. Trout placed in nomination the name of Eddie Wallace, Jr. ACTION: There being no further nominations, Ms. Field and Mr. Wallace were elected as members of the Mill Mountain Advisory Committee, for terms ending June 30, 1998, by the following vote: FOR MS. FIELD AND MR. WALLACE: Cou~tcil Members Swain, Trout, White, Harris, Parrott and Mayor Bowers 6. (Vice-Mayor Wyatt was absent.) COMMITTEES-CONVENTION AND VISITORS BUREAU: The Mayor advised that there is a vacancy on the Roanoke Valley Convention & Visitors Bureau Board of Directors (City representative) and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of James O. Trout. Them being no further nominations, Mr. Trout wes elected as the City's representative to the Roanoke Valley Convention & Visitors Bureau Board of Directors for a ta,,, ending June 30, 1998, by the following vote: ACTION: FOR MR. TROUT: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers--- ---~6. (Vice-Mayor Wyatt was absent.) 155 Thorn being no further business, the Mayor declared the meeting adjourned at 5:25 p.m. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 156 ROANOKE CITY COUNCIL SPECIAL MEETING July 15, t997 8:30 a.m. The Council of the City of Roanoke held its first special meeting/workshop to discuss a report of the Modified Election District Task Force on Tuesday, July t5, 1997, at 8:30 a.m., in the Social Services Conference Room, Room 306, Municipal Building North, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to a motion adopted by the Members of City Council at its regular meeting held on Monday, July 7, 1997. PRESENT: Council Members C. Nelson Harris, John H. Parrott (arrived at 9:45 a.m.), 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, Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; Willard N. Claytor, Director of Real Estate Valuation; Robert H. Bird, Municipal Auditor; and Sandra H. Eakin, Deputy City Clerk. OTHERS PRESENT: William F. Clark, Director of Public Works; John R. Marlles, Chief of Community Planning; Matthew J. Miller, Manager of Information Services, Fifth Planning District Commission; William D. Bestpitch, Member, Modified Election District Task Force; Michael F. Urbanski, Member, Modified Election District Task Force; Mary Allen, Member, Modified Election District Task Force; The Reverend Charles T. Green; and Mary Bishop, The Roanoke Time=. The Mayor advised that the purpose of the meeting was to conduct the first of three work sessions of Council to review and approve a modified election district plan, including the boundaries of the proposed election districts, to be the subject of a referendum on November 4, 1997. He explained that by motion adopted on April 22, 1996, City Council created the Citizens Task Force to Recommend a Modified Election District System for the Election of Members of the Roanoke City Council, and after an extensive public participation process, including the conduct of workshops in eleven neighborhoods of the City, the Task Force rendered its final report to City Council on June 16, 1997; and Council intends to afford additional ample opportunity for public participation as to alternative election procedures, including the conduct of a public hearing at 7:00 p.m., on Monday, July 28, 1997. 157 The City Attorney referred to the notebook on the Modified Election District Plan dated July 15, 1997, advising that the Citizens Task Force to Recommend a Modified Election District System for the Election of Members of the Roanoke City Council rendered its final report to City Council on June 16, 1997; and at its regular meeting held on Monday, July 7, 1997, Council considered the Chronology Part I for the Referendum on the Modified Election District System and set the dates for three work sessions to be held by Council on July 16, July 29, and August 12, 1997( if needed), as well ae a public hearing to be held on Monday, July 28, 1997, at 7:00 p.m., and also decided to hold a referendum as to the proposed Charter amendment on November 4, 1997. The City Attomey referred to tab 2 in the notebook containing Guidelines and Procedures for the Creation of Election Districts, advising that attempting to provide legal advice as to the drawing of election districts is an extremely dangerous activity; the Depa~bi,ent of Justice's views have been out of sync with Supreme Court (see ~ (June 13, 1996) 64 LW 4437, 4438 (Shaw II); there has been considerable disagreement between the Justices of the United States Supreme Court as to what the Constitution and Voting Rights Act (VRA) require; racial gerrymandering that classifies citizens by race, like any other government action that classifies citizens on the basis of race, is constitutionally suspect, and courts will apply strict scrutiny (Shaw IL 64 LW at 4439); the constitutional wrong occurs when race becomes the dominant and controllino_ consideratiplt (Shaw IL 64 LW at 4439); strict scrutiny does not apply merely because distriete are created with consciousness of race; and as long as traditional districtino DrinciDlee are not subordinated to race, a majority-minority district should pass constitutional muster (Bush v. Vera. 64 LW at 4454). With regard to Traditional Districting Principles, the City Attorney referred to the "one person-one vote" principle, advising that guidelines for creation of election districts include the following: districts should be drawn, as nearly as practicable, to give representation in proportion to the population of a district (Article VII, §5, Constitution of Virginia); equal protection guarantee of "one person, one vote" requires that representatives of elected bodies be elected from districts of substantially equal population (~, 377 U.S. 533, 577 (1964); it should be recognized that it is practically impossible to draw districts so that each one has an identical number of persons (~, at 577); relatively minor population deviations among districts do not substantially dilute the weight of individual voters so as to create a constitutional violation O~ 412 U.S. 755, 764 (1973); as a general rule, an apportionment plan with a maximum population deviation under 10 percent falls within the category of minor deviation; a plan, however, with larger disparities in population creates a prima facie case of 158 discrimination that must be justified by the govemment (~ 462 U. S. 835, 842-843 (1983), thu. s, total deviation of less than 10 per cent between districts should ~ a g. oal; in drew~ng district lines, population figures from the most recent decenn,al Un,tsd States Census should be used (Section 15.1-37.5, Code of Virginia (1950), as amended); districts should be composed of contiguous and compact territory (Article 7, §5, Constitution of Virginia; §24.2-305); contiguity requires that a district be one geographical unit; compactness is difficult to define, but lack of compactness is evidence of gerrymandering; election districts should follow clearly defined and clearly observable features, such as roads, highways, rivers, streams, railroad tracks (Section 24.2-305, Code of Virginia); census blocks should not be split in drawing district lines; each precinct shall be wholly contained within an election district (Section 24.2-307); neighborhoods, particularly minority neighborhoods, should not be split up; and "communities of interest" should be protected in drawing district lines, defined as a recognizable area with similarities of intsrest, including but not limitsd to racial, ethnic, geographic, economic, social, cultural or historic interests, as well as commonality of communications and transportation links (HJR 57, t991 Session of General Assembly). With regard to the Voting Rights Act, the City Attomey advised that Section 2 prohibits any voting practice or procedure that denies or abridges the right of any citizen to vote on account of race or color; the 1982 Amendment to Section 2 provides that viola.don does not require proof of intent to discriminate, violation may occur if a practice or procedure has the effect, based on the totality of circumstances, of denying minorities of equal opportunity to participate in the political process and elect representatives of their choice; violation of Section 2 may occur if district lines are drawn to fragment politically cohesive minority voters among several districts or if they are packed into one district to dilute minority voting strength (Shaw II, 64 LW at 4442); in order for there to be Section 2 liability, a minority group must be "geographically compact" (Shaw II, 64 LW at 4442); does not require the creation of majority-minority district that is not reasonably compact ( h v~_u.~b__~_~, 64 LW at 4460); the VRA does not require political subdivisions to maximize the number of majority-minority voting districts (Shaw II, 64 LW at 4441); Section 5 requires every jurisdiction in the South, as well as certain other areas around the nation, to obtain Department of dust(ce preclearance of any voting change; preclearance applies all the requirements of Section 2 to any changes in voting plans or election practices; no plan may dilute minority voting strength; Section 5 has a limited goal, which is to insure that voting changes will not lead to ~ in the position of racial minorities with respect to effective exercise of the electoral franchise (~ 64 LW at 4461); and Section 5 does not guarantee electoral ~ for a minority group, it merely mandates that minority's ~ to elect representatives of its choice will not be diminished by State action (~., 64 LW at 4461). 159 The City Attorney referred to other districting principles, as follows: a. Objective guidelines should be followed in creating districts. be Minority group members must have the opportunity to participate in the decision-making process. Districts should provide proportional representation to the minority community. Number of majority-minority districts should approximate the percentage of minority population of the community. (2) If there are at-large seats, the minority porcentsge will be measured against all seats rather than just against election district seats. Depart, bent of Justice has traditionally sought "super majority" minority districts consisting of 60-65 percent minority population. (1) The purpose of the policy was to account for alleged higher percentage of persons under eighteen years of age in minority communities, lower voter registration rates and lower rates of voter turnout. (2) Under recent Supreme Court decisions holding that race cannot be a dominant or controlling factor in creating districts, this rule of thumb is in question. e. Use of total population versus voter age population: (1) There has been much conflict and uncertainty as to whether total population or voter age population should be the constitutional standard. (2) Use of total population furthers representational equality. (3) Use of voter age population furthers electoral equality. (4) ~ 93 F.3d 1212 (4th cir. 1997) (a) Mecklenburg County, N.C., plan for election of County commissioners; 3 at large and 6 from single member districts. (b) Deviation between districts: Total population - 8.33% Voter age population - 16.t7% (c) Because deviation, based on total population, was within acceptable limits, Court approved the plan. (5) Rule ofthumb: (a) When the issue is one person, one vote, use total population. (b) When the issue is minority i representation, use voter age population. The City Attomey advised that the legal procedural steps in establishment of an election district system are set out in the notebook in the Chronology Part I attachment to the Guidelines and Procedures for the Creation of Election Districts; and the Chronology Part II attachment sets forth steps for implementation of a modified election district system if approved by the electorate, which assumes a favorable response from the Department of Justice and no litigation. Mr. Dibling stated that according to the legal procedural steps set forth in the Chronology Part I, Council should adopt a resolution approving the language of the proposed Charter amendment and question to be placed on the ballot and directing the City Attorney to take the necessary action to cause a referendum to be held. 161 Mr. Trout offered the following resolution: I , (#33496-071597) A RESOLUTION adopting gmdehnss to be adhered to by City Council in reviewing and approving a modified election district plan fur the election of members of City Council and in the drawing of election districts for City Council. (For full text of Resolution, see Resolution Book No. 60, page 57.) ACTION: Mr. Trout moved the adoption of Resolution No. 33496-071597. The motion was seconded by Mr. Harris. The Mayor inquired as to whether the guidelines in the report are substantially the same as those recommended by the Task Force; whereupon, the City Attorney advised that the guidelines are substantially the same with some minor revisions. The Mayor also inquired as to whether this plan is legally defensible; whereupon, the City Attorney advised that the plan is legally defensible. Mr. Harris stated it is his understanding that the boundaries as currently drawn would essentially be what will be used in the referendum, and inquired as to whether the boundaries could be changed; whereupon, the City Attorney advised that the resolution adopting guidelines endorses no plan, it only sets guidelines; that the Department of Justice could recommend changes; and the courts ultimately have jurisdiction over boundary changes, disputes, etc. Following discussion, Resolution No. 33496-071597 was adopted by the following vote: AYES: Council Members Harris, Swain, Trout, White, Wyatt, and Mayor Bowers 6. NAYS: None (Mr. Parrott had not entered the meeting.) The City Attorney referred to tab 4 in the notebook containing a draft of the proposed Charter amendment, as follows: Composition of council; election of mayor, vice-mayor and members; terms; creation of election distzicts: continuina body: vacancies. 162 (a) (b) (c) (d) On and after July 1, 2000, the council shall consist of the mayor, vice-mayor and five (5) other members to be elected and to serve for the terms set forth in this section. The mayor of the city shall be elected at large by the qualified voters of the city on the first Tuesday in May, 2000. The mayor shall serve for a term of four (4) years from the first day of July next following the date of election and until a successor is elected and qualified. The vice-mayor of the city shall be elected at large by the qualified voters of the city beginning with the regular councilmanic election on the first Tuesday in May, 2002. The vice-mayor shall serve for a term of four (4) years from the first day of July next following the date of election until a successor is elected and qualified. [Insert here method of electing vice-mayor for time period of July 1, 2000 through June 30, 2002] In addition to the mayor and the vice-mayor, the council shall consist of five (5) members who shall be elected from and be qualified voters in election districts established by council with one council member to be elected from each district. The election districts shall be designated district 1, district 2, district 3, district 4 and district 5, and the boundaries of each district shall be established by ordinance of city council pursuant to subsection (e) of this section. On the first Tuesday in May, 2000, three (3) council members shall be elected, one (1) each from districts _, as successors to the three (3) council members whose terms expire on June thirty (30) next following. On the first Tuesday in May, 2002, two (2) council members ~hall be elected, one (1) each from districts , as 163 successors to the two (2) council members whose I terms expire on June thirty (30) next following. Council members shall ser~e for a term of four (4) years from the first day of July next following the date of election and until their successors are duly elected and qualified. (e) The Council shell, by ordinance and in accordance with the general laws of the Commonwealth, divide the City into five election districts for the purpose of electing one member of council from each such district. Nothing herein contained shall be construed to affect the terms of council members elected or appointed under the provisions of this charier prior to the regular councilmanic election in the year 2000 or thereafter until their respective terms expire. No person may be a candidate for the office of mayor or the office of vice-mayor and for the office of council member in the same election. (h) Any vacancy in the office of mayor, vice-mayor or council member shall be filled within thirty days, and until the day upon which the te~,.s of office of council members elected in the next following regular councilmanic election shall commence, by a majority vote of the remaining members of council, and if as much as two years of any such unexpired term of the mayor, vice-mayor or member of council remains at the time of such next regular councilmanic election, a mayor or vice-mayor or council member, as the case may be, shall be elected at said election for the remaining portion of such unexpired term. Any vacancy in an election district shall be filled by a qualified voter of such d:strict. 164 (i) The council shall be a continuing body, and no pending before such body shall abate or I mea,sure be d~scontinued by reason of the exp,ration of the term of office or removal of the members of said body, or any of them. The City Attomey advised that a referendum can be held only by amendment to the Charter, by one of two ways: (1) draft an amendment to the Charter and send it to the General Assembly; or (2) draft an amendment to the Charter, hold a referendum and send it to the General Assembly. There was discussion with regard to items 4(d), 4(e), 4(g) and 4(h) of the proposed Charter amendment The Mayor suggested that Council approve the language as set forth in the Charter amendment. The City Attorney noted that the wording needs to be fine- tuned, and any motion to approve the language would be conceptual with the City Attorney being authorized to make any necessary changes. Ms. Wyatt stated she felt Council needed to receive more information, and recommended that no action be taken on the proposed Charter amendment until the next work session after the additional information has been received by Council. Mr. White requested that the City Attorney explain item 4 (f) of the proposed Charter amendment which states that "nothing herein contained shall be construed to affect the terms of council members elected or appointed under the provisions of this charter prior to the regular councilmanic election in the year 2000 or thereafter until their respective terms expire"; whereupon, the City Attorney advised that the purpose of the language was to ensure that each Council Member would be able to serve out their full term. At this point, 9:45 a.m., Mr. Parrott entered the meeting. Mr. Harris stated he believes it will be necessary for Council to make specific provisions for the transition period for those Council Members in the 1998 to 2002 terms. 165 Upon question from Mr. Trout with regard to the lengttt of terms in the 1998 election, the City Attorney advised it would be possible to cut the terms short in 1998, to provide for two year terms. At 9:55 a.m., the meeting was declared in recess. At 10:01 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. Mr. Beetpitch referred to item 4(h) of the Charter amendment, which states that any vacancy in the office of mayor, vice-mayor or council member shall be filled within thirty days, and until the day upon which the terms of office of council members elected in the next following regular councilmanic election shall commence, by a majority vote of the remaining members of council, and if as much as two years of any such unexpired term of the mayor, vice-mayor or member of council remains at the time of such next regular councilmanic election, a mayor or vice-mayor or council member, aa the case may be, shall be elected at said election for the remaining portion of such unexpired term, and any vacancy in an election district shall be filled by a qualified voter of such district. He pointed out it was the understanding of the Task Force that any vacancy in the Mayor's office would automatically be filled by the Vice-Mayor; whereupon, the City Attorney advised that the Vice-Mayor would move into the position of Mayor for the remainder of the term, up to two years, and then a new Mayor would be elected in the next election. Following discussion, it was the consensus of Council that no action would be taken at the present time on the proposed Charter amendment. The City Attorney referred to tab 7 in the notebook with regard to the Ballot Question, as follows: BALLOT QUESTION Shall the Roanoke City Charter of 1952, as amended, be amended to provide for a seven member City Council consisting of a Mayor and Vice-Mayor separately elected at large and five (5) Council members who shall be elected from and be qualified voters in election districts established by Council with one Council member from each district? [] YES [] NO 166 The Mayor advised that a public hearing is scheduled to be held on the matter on July 28, 1997, and a .s. econd wo. rk session will be held on July 29, and he was of .iI· the opinion that Counc,I could wa,t until after the July 29 work session to review the Ballot Question and vote on the matter. The Mayor suggested that the date be placed at the end of the Ballot Question. Matthew J. Miller, Manager of Information Services, Fifth Planning District Commission, reviewed maps identifying the boundaries of the proposed modified election districts, and explained that the five districts were developed following meetings with the Task Force, using census block and voting precinct information and boundary adjustments. He explained the percentages relating to population deviation in the 5 districts. The City Attorney referred to tab 12 in the notebook which contains certain demographic information relating to the 5 districts. He called attention to the four pages under tab 12, advising that the first page shows the total population in the five district map recommended by the Task Force, in which district 1 is 52.64 per cent African-American and district 2 is 52.t4 per cent African-American, with a population deviation of 7.90 per cent; the second page shows the voter age population in the five district map recommended by the Task Force, in which district I is 51.21 per cent African-American and district 2 is 49.79 per cent African-American, with a population deviation of 12.28 per cent; the third page shows the total population in the amended five district map recommende.d by.the Task Force, ,n which district 1 I is 52.64 per cent African-American and district 2 ,s 58.43 per cent African-American, with a population deviation of 9.70 per cent; and the fourth page shows the voter age population in the amended five district map recommended by the Task Force, in which district. 1 is 51...2.1 per cent African-American and district 2 is 55.99 per. cent African-American, ruth a population deviation of 10.79 per cenL Mr. DIbling recommended approval of the amended five district map, inasmuch as it promotes compactness, contiguity, and communities of interest, and minority voting strength would not be diluted. Ms. Wyatt expressed concern with regard to the make-up of district 4, which has the southeast and south Roanoke areas lumped together. She stated that southeast Roanoke has historically been treated differently and this bothers her; that Tinker Creek has more in common with the southeast area, and if southeast is put in the.same district as south Roanoke, it will make southeast more disenfranch,sed with the system. 167 Mr. Miller explained that the ideal dis~ct would contain approximately 19,200 I peopl.e, and having larger voting precincts ma. de it difficult to .d.o this, so he started with d,stricts 1 and 2, and then created diatr,cts 3, 4 and 5 ~nth what was left; and it would be extremely difficult to move districts I and 2 in order not to dilute the minority population. Mr. Madiea pointsd out that the only way to crests a southeast district or ward would be to increase the number of districts and the number ¢~f Council Members; it would be difficult to change district 4 because of the demographics; and it would require a nine member Council, and even then, Garden City would still be included in the same district as south Roanoke. Upon question from Mr. Harris as to whether all three maps would be displayed at the public heeling on July 28, the City Attorney advised that it would not be a problem to display all three maps (five district map, amended five district map and six district map) at the public hearing. Upon question from the Mayor as to why the Task Force recommended five districts, Mr. Beatpitch explained that the Task Force's recommendation was based on input from public hearings held; that the question was asked as to whether citizens wanted to have a 7 or 9 member Council and 5 or 6 districts, and the vast majority said they wanted to keep a 7 member Council and thought 5 districts would work better, with the exception of Raleigh Court which preferred that we have a 9 member Council with 5 members to be elected from districts and 4 members to be elected at large. Wroth regard to the format for the public hearing to be heid=on Monday, July 28, 1997, at 7:00 p.m., in the Exhibit Hall of the Roanoke Civic Center, the Mayor recommended that Council adhere to the five minute rule for speakers unless more than 20 speakers register, end then he would allow each speaker three minutes. Mr. Parrott advised that he would not be present for the July 28 public hearing and stated he believes it is important to let the citizens know they are not there to discuss the pros and cons of a ward/election district system, but rather the public hearing is being held for the purpose of discussing the recommendations made by the Task Force. Mr. Harris agreed it is important that it be made clear to citizens that the purpose of the public hearing is to consider the 5 district plan recommended by the Task Force. 168 Mr. Swain stated that he agreed with Mr. Parrott and Mr. Harris, and he believes citizens want. to see this issue on the ballot in November and he would like to see Council move Jt along quickly. At 11:05 a.m., Mr. Trout left the meeting. Following further discussion, it was the consensus of the majority of Council to display all three maps (five district map, amended five district map and six district map) at the public hearing on July 28. There being no further business, the special meeting/workshop was adjoumed at 11:08 a.m. ATTEST: Sandra H. Eakin Deputy City Clerk APPROVED Mayor 169 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL July 21, 1997 12:15 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, July 21, 1997, at 12:15 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 James O. Trout, Linde F. Wyatt, John H. Parrott, Carroll E. Swain and Mayor David A. Bowers 5. ABSENT: Council Members C. Nelson Harris and William White, Sr. 2. 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. At 12:t7 p.m., the Mayor declared the meeting in recess. At 12:25 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room 159, Municipal Building South, 215 Church Avenue, S. W., Roanoke, Virginia, with Vice-Mayor Wyatt presiding, and all Mamber~ of the Council in attendance, with the exception of Mayor Bowers, who entered the meeting at 12:40 p.m., and Council Members Harris and White. DIRECTOR OF FINANCE-BILLINGS AND COLLECTIONS-UTILITIES: The Director of Finance and other City staff presented a briefing with regard to a study to be conducted by Utilities Reduction Specialists, Inc., to review the City's utility bills to insure that all rates to be charged by the City are actually being assessed, with any fees that the City would owe Utilities Reduction Specialists, Inc., to be paid from refunds that the City will receive from utility companies. He explained that the consultant will review telephone bills, electric rates and natural gas charges, and called upon a team of City employees, who have been working on developing a utility information system since 1995, to brief the Members of Council on the status of the project. Jesse A. Hall, Deputy Director of Finance, introduced members of the team including David C. Anderson, City Treasurer; Thomas F. Baldwin, Assistant Municipal Auditor; Kathy D. Cox, City Information Systems; John C. Garnand, III, 170 Office of Billings and Collections; Samuel Hayes, III, Manager, Utility Lines Services, Linda S. Isom, D.e..p. artment of Billin.gs and Collections; Dana D. Long, Manager, Department of BIII,ngs and Collections; Jesse H. Perdue, Jr., Manager, Water Department; and M. Annette Smith, City Information Systems. Mr. Hall reviewed team goals which are to improve customer service, to improve system capacities, to improve staff productivity and efficiency, to prepare for the future, to reduce operational costs, and to improve safety. He reviewed facts and figures relating to the process of providing water utility services and noted that the City has approximately 36,000 water customers which requires considerable me..ter..service wo~ and pr.ocsssing of customer service inquiries and billing and coqec, on transactions. G,ven the tremendous volume of transactions, he stated that it is imperative that the City perform the services in an efficient and customer- friendly manner. K. athy D. Cox presented information on the City's current system app. ro.x.l, ma.tely 17 years old, no longer marketed,, suppo'rted by in-ho'use an, ~n,, noz support the year 2000. She also rewewed information ,~n which will be proposed for implementation in the year 1999. _ · Da. ns D. Long reviewed, customer service improvements which include service s,gn-up ,y telephone, facsimile or ~e internet, elimination of the need for written contracts, provision of a customer ,nforma.~.on package, and a new billing format ! with information fly.era. She also reviewed ;ntarnal improvements with regard to - work orders, collections, and efforts to intagrata a "paperless office" concept David C. An.derson reviewed the .payment process which will increase efficiency and prov,de more payment ..options such as: a budget payment.plan, a telephone transfer system through F,rst Union National Bank, electromc fund transfer, third party agents, debit card and credit cards, and lock box. At this point, The Mayor e.ntared the meeting; however, the Vice-Mayor continued to preside over the meeting. Samuel Hayes, III, reviewed meter readin- and safe'-, is - · . = ,~ auua, me~er reaalng ;ecnniques, and recommendations for new water meters; viz: all new meters would contain automated - read capacity and replacement of problem meters with automated - read meters. Ms. Long reviewed additional collection strategies for unpaid bills, interactive voice response technology, main line extansi.o..n refunds, investigation services, adjustrnenta for leaks, fire h.y. drante, fees, penalties, deposits, service charges and dollar limits, cut off notification, and service after hours. 171 In closing, the Director of Finance advised that the next step will be to select a software system for review by the City's Information Technology Committee, and it is proposed to submit a recommendation to Council by January 1, 1998. At 12:55 p.m., the Vice-Mayor declared the meeting in recess. At 1:30 p.m., the meeting reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Members Harris and White. HUMAN DEVELOPMENT-COUNCIL-CITY GOVERNMENT-VISION STATEMENT- SCHOOL.S-ECOHOMIC DEVELOPMEHT: Barry L. Key, Manager, Office of Management and Budget, presented a progress report on the City's visioning process. He presented each member of Council with a notebook including all of the raw date that resulted from the visioning process workshops held on February 1, 11, and 22, and March 6, 1997, which has been broken down by category, and an executive summary. He reviewed the contents of the notebook which include responses to all of the questions that were asked during the four community forums. He advised that the information has been categorized in the common theme areas and demonstrate the number of votes that were received by each response. He narrated a visual presentation in connection with stetistice and responses to questions one, two and three. Mr. Key advised that there is more work to be done and it is hoped that Council will choose to adopt a vision stetement in order to move forward, City steff will need to continue to condense and refine the vision date so that the information will be more meaningful when vision implementetion teams are appointed, which will help to identi~ priority issues, and continue the work that has already sterted to address priority issues; begin a benchmarking process to gain a better idea of how Roanoke compares to its neighbore and to other Iocalitios; engage citizens and the Leadership Team in the development of goals and objectives to move forward; and work to continue to integrate the process in Roanoke's structure, specifically linking it to the budget process, etc., and the need to communicate on an ongoing basis. Without objection by Council, the Mayor suggested that the matter be referred to Vice-Mayor Wyatt and Council Member White, Council's liaison members to the visioning process team, to coordinate a procedure to bring the matter back to Council for formal action. At 1:50 p.m., the Mayor declared the meeting in recess. At 2:00 p.m., on Monday, July 21, 1997, the regular meeting of Roanoke City Council reconvened in the 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, Linda F. Wyatt, John H. Parrott, Carroll E. Swain and Mayor David A. Bowers 5. ABSENT: Council Members C. Nelson Harris and William White, Sr.-------2. OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, 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 Boy Scout Troop No. 50, Woodlawn United Methodist Church. DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS-ACTS OF ACKNOWLEDGEMENT-PENSIONS: The Mayor presented i Certificates and plaques to Michael R. Crew, Manager of Accounting Services, and Joyce L. Sparks, Retirement Accountant, in recognition of the City's Comprehensive Annual Financial Report and the City of Roanoke Pension Plan, respectively. He advised that a Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. ACTS OF ACKNOWLEDGEMENT-VA. AMATEUR SPORTS/ COMMONWEALTH GAMES: On behalf of the City of Roanoke, the Mayor accepted a plaque from the Virginia Commonwealth Games expressing appreciation to the City for serving as a 1997 Presenting Sponsor of the Commonwealth Games of Virginia. 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 173 ACTION: ACTION: removed from the Consent Agenda and considered sspa.?tely. He called attention to two requests for Executive Sessions to d;scuss the possible use of real property for public purpose, specifically the possible lease of certain property for use by the City; and personnel mattore with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the public interview of School Board applicants held on Thursday, April 24, 1997, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) Mr. Trout moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Wyatt, Parrott, Swain and Mayor Bowers ..... 5. NAYS: None 0. (Council Members Harris and White were abeenL) 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), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Wyatt, Parrott, Swain and Mayor Bowers.. 5. NAYS: Non= 0. (Council Members Harris and White were absent.) 174 CITY PROPERTY-LEASES-COUNCIL: A report of the City Manager requsstin, g that Council convene in Executive Session to discuss a matter w~th regard to possible use of real property for public / purpose, specifically the possible lease of certain property for use by the City, 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. Trout moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to possible use of real property for public purpose, specifically the possible lease of certain property for use by the City, pursuant to Section 2.t-344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Wyatt, Parrott, Swain and Mayor Bowers.. --==5. NAYS: None t (Council Members Harris and Whito were absent.) ~ HOUSING/AUTHORITY.COMMUNITY PLANNING-GRANTS- .t ECONOMIC DEVELOPMENT-HENRY STREET REVIVAL COMMITTEE: A report of the City Manager advising that recently, a group of local citizens and community leaders interested in Henry Street and the larger Gainsboro area took steps to form a Community Development Corporation and to secure the services of a private consultant to provide organizational assistance and to help identify and manage potential development projects, was before Council. The City Manager further advised that the new organization, which is known as the "Roanoke Neighborhood Development Corporation", is being formed by a group of citizens in response to a recommendation that was included in the final report of the Mayor's Henry Street Revival Committee presented to Council on November 18, t996, which report indicated that a new entity be formed, possibly a community development corporation, to carry on the Henry Street planning and implementation effort; since February 1997, their group of citizens has been receiving advice and organization assistance from F. A. Johnson Consulting Group, Inc., a minority-owned corporation with extensive experience in organizing community development 175 ACTION: corpora.tions and managing and packaging of housing and econom,c development projects; and representatives of the new organization and F. A. Johnson Consulting Group, Inc., have met with reprossnts~lves of the City Administration and the Roanoke Redevelopment and Housing Authority on several occasions. It was explained that after discussion of the new organization's proposed Action Plan Work Program, an administrative public hearing will be scheduled for Tuesday, August 19, 1997, to consider an amendment to the City's Consolidated Plan, which amendment, if approved by Council, would permit the City to fund the first year of the new group's proposed work program with Community Development Block Grant funds previously approved by Council for infrastructure improvements in the Henry Street Project ar~; and as currently proposed, the consultant would be under contract to the new organization, would be responsible for conducting at least four organizational and training sessions for Community Development Corporation members and interested citizens, preparing a non-profit developers training manual, conducting workshops focusing on needs within the project area, interviewing key City stsffand elected officials, reviewing existing plans, preparing a one to three year implementation plan, and providing assistance with packaging several possible development projects. It was painted out that in the event Council agrees to amend the Consolidated Plan and fund the proposal, another issue will need to be addressed before Community Development Block Grant funds can be used for this purpose; the U. S. Department of Housing and Urban Development imposes s 20 per cent cap on CDBG funds used for administration and planning; the City's CDBG program is currently operating close to the maximum amount; and a number of activities proposed in the Action Plan Work Program may fall under this requirement; therefore, the City's Office of G~nts Compliance is currently reviewing the proposed scope of work to ensure that the mandatory HUD requirement will not be exceeded. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the report be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Member~ Trout, Wyatt, Parrott, Swain and Mayor Bowers 5. NAYS: None 0. (Council Members Harris and White were absent.) CITY EMPLOYEES-PENSIONS: A report of the Director of Finance advising that on May 12, 1997, Council authorized a matching con~bution of $5.00 to the International City Management Association Retirement Corporation (ICMA-RC) Deferred Compensation Plan on behalf of any non-temporary classified employee of the City who made a contribution of $5.00 or more per payday; group and individual meetings for employees were conducted from May 14 through June 18; and as of June 30, 1997, 2,006 employees were eligible to participate, 619 employees enrolled aa of May 12, t997, 552 employees enrolled between May 14 and June 30, and a total of 1,171 employees will participate in ICMA as of June 30, 1997. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Trout moved that the report be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Wyatt, Parrott, Swain and Mayor Bowers ........ 5. NAYS: None Ow (Council Members Harris and White were absent.) HEARING OF CITIZENS UPON PUBLIC MAI-FERS: PETITIONS AND COMMUNICATIONS: BUDGET-CITY SHERIFF-CITY JAIL: A communication from the Honorable W, Alvin Hudson, Sheriff, advising that the fiscal year 1996- 97 General Fund budget provided funding for 189 positions in the Sheriff's Office and City Jail; Council approved addition of an executive secretary position (100 per cent City funded) for the City Jail with the 177 adoption of the fiscal year 1997-98 General Fund budget; the Commonwealth of Virginia Compensation Board reimburses the City of Roanoke for the cost of salary and benefits for Compensation Board approved positions, with the rate of reimbursement to be based on the Compensation Board approved salary for the approved positions; the Compensation Board budget does not include administrative and clerical support positions; deputy sheriffs ara used to perform the required administrative and clerical support du~ties associated with operation of the Sheriff's Office and City Jail; the number of Compensation Board approved deputy sheriff positions for the provision of court security has been reduced as a result of a change in the methodology used to determine the required staffing level; and the total number of Compensation Board approved positions for the Sheriff's Office and City Jail has not bccn reduced because positions previously classified as court services officer (court security) have bccn reclassified to emergency correctional officer (jail security) based on inmate population at the City Jail, which has required the reassignment of deputy sheriffs needed for jail security to court security, was before Council. It was further advised that the Sheriff's Office and the City Jail require the addition of five positions to address staffing needs in the areas of administrative and clerical support, jail security, court security, and the inmate work crew program; the Compensation Board budget includes six medical treatment positions for provision of a health care program at the City Jail, which positions were eliminated from the General Fund budget in fiscal year 1995-96 when the provision of health care services at the City Jail was privatized; the Compensation Board approved the reclassification of the six vacant medical treatment positions for use as administrative/clerical support and deputy sheriff positions; and reallocated Compensation Board positions will be used as follows: one executive secretary position for administrative and clerical support; one senior secretary position for administrative and clerical support; two deputy sheriff positions to supervise two inmate work crews that will be used to clean parks and maintain City- owned buildings on a year-round basis; one deputy sheriff position for jail security; and one deputy sheriff po~on for court services and security. The Sheriff recommended that Council concur in the following actione: ACTION: Authorize five additional full-time positions at the City Jail; Increase the revenue estimate for shared expenses - City Jail in the amount of $88,031.00; Increase the City Jail Recovered Cost Account No. 001- 024-3310-8005, in the amount of $71,446.00, for the City's share of the five additional positions; and Appropriate funding for the five additional pnsilfons to the following accounts in the City Jail budget: 001-024-3310-1002 Regular Salaries $106,916.00 001-0243310-1110 VRS Retirement 21,672.00 00t -024-3310-1120 FICA 8,179.00 001-024-3310-1129 Hospitalization Insurance'" 7,810.00 001-024-33t 0-1126 Dental Insurance 520.00 001-024-3310.1130 Life Insurance 374.00 001-0243310-t131 Disability Insurance 267.00 A report of the City Manager concurring in the recommendation, was before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33499-072197) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 66.) Mr. Trout moved the adoption of Ordinance' No. 33499-072197. The motion was seconded by Mr. Swain and adopted by the following vote: i 179 ACTION: AYES: Council Members Trout, Wyatt, Parrott, Swain and Mayor Bowers 5. NAYS: None (Council Members Harris and White were absent.) Council Member Swain commended the Sheriff on work done in the City's parks by inmates from the Roanoke City Jail. He inquired if it would be legally permissible for jail inmates to work with employees in the Building Maintenance Department. The Mayor advised that the matter would be reviewed by the Sheriff, in conjunction with the City Manager and the City Attorney, as to the legality and Council would be advised accordingly. ELECTIONS-CHURCHES-SCHOOLS: A communication from Gilbert E. Butler, Jr., Secretary, Roanoke City Electoral Board, recommending that the Raleigh Court No. 2 Precinct currently located at the Woodrow Wilson Middle School, 1813 Carter Road, S. W., be temporarily moved to the Roanoke Church of Christ located at 2606 Brandon Avenue, S. W., was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Trout moved that Council hold a public hearing on the matter on Monday, August t8, 1997, at 7:00 porn., or as soon thereafter as the matter may be heard. The motion was seconded by Mr. Swain and adopted. BUDGET-ROAN.O..KE VALLEY RESOURCE AUTHORITY: A communication from K,t B. Kiser, City representetlve, Roanoke Valley Resource Authority, recommending that Council approve the Roanoke Valley Resource Authority amended 1997-98 budget, was before the body. Mr. Kiser advised that the Roanoke Valley Resource Authority has requested a reduction to the Resource Authority's 1997-98 budget, which amendment reflects the reduction in projected revenue, due to a decision by private waste haulers not to accept the discount rates offered ay the Resource Authority and to divert more waste to private landfills out of the area; and the proposed amendment reduced revenue 180 ACTION: and expense by an additional $526,000.00, which reduction will result in the elimination of an additional three positions through attrition. numerous reductions in ~.e operating budget, and elimination of the Resource Authority's participation in the Kroger recycling drop-off facilities, beginning January 1, 1998. It was further advised that the Members Use Agreement between the Roanoke Valley. Reeource Authority, the City of Roanoke, Roanoke County, and the Town of Vinton require that the Resource Authority's budget and amendments thereto be approved by each of the member jurisdictions. (For full text, see communication on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (t/33500-072197) A RESOLUTION approving an amended Annual Budget for the Roanoke Valley Resource Authority for Fiscal Year 1997- 98, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 60, page 67.) Mr. Parrott moved the adoption of Resolution No. 33500-072197. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Wyatt, Parrott, Swain and Mayor Bowers 5. NAYS: None (Council Members Harris and White were absent.) BUDGET-GRANTS-SCHOOLS: A communication from the Roanoke City School Board requesting the following appropriations and transfers, was before Council. Grant No. 6945 - $19,994.00 for the 1996-97 Alternative Education Program to provide summer school alternative curriculum and training for high risk students at the Noel C. Taylor Learning Academy. The Program is reimbursed by additional State funds. 181 ACTION: Grant No. 6965 - $8,500.00 contribution for the Thurman Foundation for Children Grant to support the activities of the Partners for 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. $68,071.00 for the Homeless Assistance Program to provide instructional services to homeless students. The Program will be rsimbumed in the amount of $55,671.00 by Federal funds, with a local match of $12,400.00. Transfer $56,436.00 from the telecommunications account to the instructional data processing personnel account for the network system coordinator position. The funds are made available from savings in telecommunications rates as the result of the new Federal Universal Services Fund. Transfer $10,t75.00 from the property insurance account to various travel accounts for the increase in the mileage reimbursement rats for employes travel from 24 cents per mile to 27 cents per mile. The funds ara made available from savings in the property insurance account as the result of the reduction of the Board's property insurance. 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 mx'L, see communication and report on file in the City Clerk's (~fice.) Mr. Trout offered the following emergency budget ordinance: (~33501-072197) AN ORDINANCE to amend and reordain certain sections of the 1997-98 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 68.) Mr. Trout moved the adoption of Ordinance No. 33501-072197. The motion was seconded by Mr. Parrott and adopted by the following vote: 182 AYES: Council Members Trout, Wyatt, Parrott, Swain and Mayor Bowers... 5. NAYS: None (Council Members Harris and White were abeenL) REPORTS OF OFFICERS: CiTY MANAGER: BRIEFINGS: Ow REFUSE COLLECTION: James A. McClung, Manager, Solid Waste Management, presented a briefi.ng on Phase I - City Automated/Semi-Automated Refuse Collection Program. He advised that over the past 36 months, employee teams consisting of 24 employees in the Solid Waste Management Department have worked on the project. He stated that the equipment team was assigned the responsibility of developing equipment specifications in review for formal bids, and the team recommended the use of automated refuse trucks, which saved City taxpayers in excess of $500,000.00 in start-up costs. He explained that as a result of meetings, the following recommendations were made and adopted by the equipment team: (1) the standard size of containers would be 95 gallons, with a limited number of 64 gallon containers; (2) the standard color of the containers would be navy blue; (3) a proposed policy for provision of additional containers; (4) the inner city area end areas that have litter control problems will be targeted during Phase I; and (5) use of direct mail, newspaper and neighborhood meetings as a means to inform the public. Mr. McClung advised that Monday, September 8, 1997, has been selected as the implementation date; areas selected for Phase I include: LoudonlMelroselRugby, GilmerlGainsborolHarrison, Round Hill, Norwood, Fairhope, Thrasher Park, Riverdale, Kenwood, Franklin Road, South Roanoke, Southern Hills, Chestnut Ridge, and the Greater Deyerle neighborhood. He explained that it is anf]cipated to implement Phase II which will include the remainder of the City early next spring. He stated that certain employee transitions are recommended, and emphasized that no City employee will lose their job. He advised that the following equipment will be used for Phase I, with sufficient back- up: three automated collection vehicles to service the streets, two I 183 ACTION: semi-automated collection vehicles to work the'alleys, one satellite truck to assist in areas where automated vehicles are not feasible and to serve the physically disabled and premium service customers, and 19,250 standard containers to be delivered at no cost to the citizens of Roanoke beginning August 4, 1997. Mr. McClung presented a sample package of information that will be disseminated to effected citizens introducing the new program. Mr. Swain requested a briefing on improvements to the bulk refuse collection program, and recommendations submitted by citizens. Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: BU DG ET-TRAFFIC-EASEMENTS-STATEHIGHWAYS-COMMUNITY PLANNING-CAPITAL IMPROVEMENTS PROGRAM-ECONOMIC DEVELOPMENT-VALLEY VIEW MALL-SCHOOLS-STREETS AND ALLEYS-AIRPORT: The City Manager submitted a written report advising that on March 18, 1996, the 1-581 Interchange improvements were endorsed by Council; the Virginia Depa,~,.ent of Transportation (VDOT) has adopted a Six Year Improvement Program for Fiscal Years 1996-97 through 2001-2002 for interetete highways, which includes an improvement project in the City, known as 1-581 Interchange at Valley View Boulevard - Phase I; on August 23, 1996, the Federal Highway Administration notified the City of approval of the new interchange access; and on December 16, 1996, Council approved an agreement with Mattem & Craig, Inc., for design of the interchange and an agreement with VDOT for construction bidding and administration. It was further advised that Faison Realty Equities, Inc., a North Carolina Corporation, has a contract of sale from the Watts heirs to purchase property near Valley View Mall for commercial development; a road connection, Valley View Boulevard Extended, from the proposed 1-581 Inte¢change at Valley View to existing Valley,,-View Boulevard, will cross the Watts property, among others; Council approved rezoning of the Watts property for commercial development on April 21, 1997; proffers related to rezoning are connected with the proposed interchange and Valley View Boulevard Extended; and representatives of the City and Faison have negotiated an agreement in connection with construction of the 1-581 Interchange and Valley View Boulevard Extended. It was explained that the Roanoke City School Board, at its meeting on Thursday, June 19, 1997, approved an agreement with the City for release of property at Round Hill and Huff Lane schools needed for right-of-way for the 1-581 Interchange and Valley View Boulevard Extended; the City will need to dedicate a small parcel of land at Round Hill School to the Virginia Department of Transportation for the interchange, and a parcel of land at Huff Lane School as public right-of-way for extension of Valley View Boulevard; and the agreement will provide the following: The road curbing of the new Valley View Boulevard will be at least 59.4 feet from any part of the current Huff Lane School classroom building and the proposed right-of-way will be not less than 42.4 feet from that same building. The City will provide for a realignment of the intersection of Huff Lane at Vancouver Drive to improve the entrance to the school parking lot by August 25, 1998. The City will study the need for additional school warning signs or signals on Huff Lane and Vancouver Drive and erect any required signs or signals by August 31, 1998. No construction adjacent to Huff Lane School property will occur prior to June 10, 1998, or such other date mutually agreed upon by the School Superintendent and the City Manager. An eight-foot high solid masonry wall with appropriate landscaping will be constructed between Huff Lane School and Valle.y View Boulev.a. rd Extended; and an eight-foot v,nyl-coated chain I,nk fence, with appropriate landscaping, will be constructed along the property line adjacent to the school's parking lot, which improvements will be completed by October 1, 1998. 185 Previsions for sound and dust control will be previded in contracts for both the 1-581 Interchange and Valley View Boulevard Extended. An eight-foot vinyl-coatsd chain link fence, with appropriate landscaping, will be provided adjacent to Round Hill School, which fence will be in place by August 31, 1998, and the landscaping by November 1, 1998. The City assures that all rights-of-way and landscaping mil be maintained in a quality manner. The City will use its best efforts to ensure that any future overhead utility lines along Valley View Boulevard Extended adjoining Huff Lane School will be located so as to have the least possible effect on the instructional climate of the school. The City agrees to previde the School Board with $1.35 million for air conditioning and replacement of necessary windows at both schools, a bus loop, and additional parking at Huff Lane School; if such cost exceeds $1.35 million, the Superintendent and the City Manager will develop a mutually agreed upon solution to fund the additional cost; and the City also agrees that all other imprevements mentioned above will be previded by direct or indirect funding from the City. The School Board will consent to and retum to the City those portions of the properties at Huff Lane School and Round Hill School as shown on Attachments 1 and 2 of the Agreement between the City and the School Board. The City and the School Board will waive the Release of Real Property from Educational Use Policy (Policy) previously adopted by Council on September 9, 1985, and by the School Board on August 27, 1985, pursuant to Paragraph VI of the Policy, to the extent such Policy may apply to this matter. The City Manager recommended that Council approve the following actions: Authorize the City Manager or the Assistant City Manager and the City Clerk to execute an agreement substantially similar to Attachment A, approved as to form by the City Attorney, with Faiaon Realty Equities, Inc., Valley View Associates Limited Partnership, Herech Associates Limited Partnership, and FCD-Shenandoah Limited Partnership providing for certain obligations concerning the construction and dedication of the 1-581 Interchange at Valley View - Phase I and Valley View Boulevard Extended. Authorize the City Manager or the Assistant City Manager and the City Clerk to execute an agreement, substantially similar to Attachment B, approved as to form by the City Attorney, with the Roanoke City School Board, related to properties needed for road construction. Authorize the Mayor, City Manager, and other appropriate City officials to execute appropriate documents to provide for the dedication of 10,880 sq. ft., more or less, of permanent right-of-way and 24,044 sq. ft., more or less, of temporary construction easement to the Commonwealth of Virginia and/or VDOT for the 1-581 Interchange, as shown on Attachment 2 of the Agreement with the School Board; and also the dedication for street purposes of 26,554 sq. ft., more or less, of permanent right-of-way, and 12,052 sq. ft., more or less, of a 20-foot temporary construction easement for Valley View Boulevard Extended as shown on Attachment 1 of the Agreement with the School Board. Authorize appropriation or transfer of the following funds: Appropriate $1.35 million from undesignated Capital Funds to a new Capital Projects Fund account entitled "Huff Lane,~ School Improvements." .- , .1.87 Transfer a total of $6.7 million from 1996 Public Improvement Bonds Account ($4.4 million from 008-052-9701-9191 and $2.3 million from 008-052- 9701-9183) to 1-581 Interchange Account No. 008- 052-9545-9001. (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: (~33502) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations. The motion was seconded by Mr. Swain. In .view of the number of registered s~eakers, the Mayor requested that each speaker limit their remarks to three minutes. Ms. Nettle Kitchen, 3501 Courtiand Avenue, N. W., expressed concern with regard to how the proposed road will affect the value of her property which is located within one block of the proposed location. She asked if the City will collect as much in taxes from the businesses that stand to gain from the roadway construction as the City currently collects in real property taxes from residents who live in the area whose property value will be lowered as a result of the proposed road. She expressed concern with regard to damage to homes due to heavy vehicular traffic. Mr. William Ballentine, 3321 Birchwood Street, N. E., advised that it appears that the City plans to reduce the buffer zone between a high traffic commercial area and the school to accommodate a speed limit of 35 miles per hour while not, in any way, affecting the commercial interests in the Valley View Mall area. He called attention to existing problems on the current roadway leading to Valley View Mall and stated that a 35 mile per hour access road into and out of Valley View Mall is not needed, and no additional airport traffic is needed through the area. He advised that it appears that the question is whether the Tire America buildin;, will be able to keep its present location at the expense of the safety of the children, and suggested that the 9,000 square foot Tire America building be relocated to the four acres of unused Valley View 188 Mall parking lot, which would provide for a different turn radius, thereby m' ' causing traffc on the four lane intersection to use the Valley View side ~;: of the current berm. He asked if Council is going to allow commercial -~ interests to take over and supersede the interests of persons who live in the neighborhood and the safety of school children. Mr. Andrew D. Freedman, 2623 Vancouver Drive, N. W., read a prepared statement advising that there are a number of alternative routes that could be considered by the City. (See statement on file in the City Clerk's Office.) Mr. William J. Parenti, 3544 Courtland Road, N. W., referred to a petition signed by 16t persons which was presented to the Roanoke City School Board requesting that the road be moved away from the Huff Lane School. He called attention to an additional 356 signatures requesting that Council cause the design of the road to be changed. He advised that residents of the neighborhood have not been allowed to provide input, they wish to be heard, and they want the road to be moved because nothing warrants construction of the road just 60 feet away from an elementary school. Mr. Raymond F. McKee, 2522 Dorchester Drive, N. W., spoke in opposition to the proposed roadway. He advised that a choice must be made as to whether to allow developers to tear at the very fiber of what makes Roanoke a great city - its community - by building a road in such close proximity to a school, a park and a neighborhood. He stated that over the long term, the plan presently before Council will be the introduction of cancer that will kill the very heart and soul of Roanoke. He asked that Council listen to the wishes of the citizens of the community and vote no to the proposed roadway design. Ms. Sue H. Williams, 2408 Dorchester Drive, N. W., spoke against the proposed roadway because it will destroy the character of the neighborhood by providing a four lane highway with heavy vehicular traffic and 35,000 additional vehicles per day just 59 feet away from an elementary school. She called attention to other routes to access the airport rather than by way of Valley View Boulevard. She advised that for most of the people who live in the area, their greatest investment is in their homes, and their homes will depreciate in value as a result of construction of the road. She asked that Council take into consideration the wishes of the property owners and vote no to the road as presently proposed. 189 Ms. Patty A. Martin, 2425 Marr Street, N. W., a parent and a I teacher at Huff.Lane School, spoke in support of the proposed road and the proposed improvements to Huff Lane School which are positive changes that are needed. Ms. Klm Mangles, 425 Sherwood Drive, Blue Ridge, Virginia, a fifth grade Roanoke City school teacher, spoke in support of improvements to Huff Lane School, such as additional space, new classrooms, air conditioning, parking lot improvements, better insulation and ventilation, handicapped accessibility, an elevator, and accessible restroome. Mr. Michael S. Robertson, 2431 Vancouver Drive, N. W., referred to other roadway alternatives which would require relocation of the Tire America building. He called attention to other alternative travel corridors that have been presented by the engineers and residents of the area, and requested that Council reject the current proposal, return to the negotiating table, and approve a design that will be more acceptable to the residents of the area. Ms. Maribeth J. Hawkins, 2431 Domhester Drive, N. W., requested that Council listen to the wishes of the citizens. She predicted that citizens will move out of the area if the roadway is constructed as presently proposed. She advised that there, are other roadway alternatives that should be considered, and requested that Council vote no to the proposed design and review other alternatives. Mr. Bert L. Boyd, 2508 Round Top Road, N. W., advised that the citizens are not against progress in Roanoke City, nor do they object to the interchange being built, but they are requesting that Council consider balance in its actions and the impact on the community. He called attention to the need to protect the children and to protect the air quality in view of the amount of heavy vehicular traffic to be generated. He expressed concern over the impact that the proposed roadway will have on the value of property in the area, the effect on community spirit, and the impact on Huff Lane Park. He stated that design criteria should be reconsidered, air quality should be considered, and there should be more study before a final decision is made by Council. He advised that the community has not been given the opportunity to provide sufficient input, and requested that Council vote against the proposed roadway configuration. 190 Me. Debre Shumata, 3107 Plantation Road, N. W., expressed opposition to the proposed road. She called attention to concerns about safety issues and air pollution as they affect children and elderly citizens of the area. She advised that the City and the School Board should make the necessary improvements to Huff Lane School and Round Hill School without such improvements being contingent upon roadway construction. Master Dustin Shumate, 3107 Plantation Road, N. W., and Miss My Doan, 2823 Lurey Avenue, N. W., students at Huff Lane School expressed opposition to the proposed roadway which will generate additional traffic and air pollution. Mr. Sam Croft, 3404 Courtland Road, N. W., advised that the Hershberger Road Exit is sufficient to handle traffic en routs to the airport. He expressed concern over the safety of children with the proposed roadway just 60 feet from Huff Lane School, as well as air pollution resulting from increased heavy vehicular traffic. He inquired about the legal implications since no environmental impact studies ware conductsd. He also inquired about data to support the statsment that the roadway is needed to support additional airport traffic. · Mr. Wi?am Ballentine, 3321 Birchwood .S. treet, N.. E., advised that in v,ew of disclosures made to data regard,rig add,tional roadway designs prepared by Mattsm & Craig, Consulting Engineers, and school improvements, he would suggest that the matter bo tabled until such time as proper discussion can be held at an open forum such as the Roanoke Civic Center, with all roadway designs to be made available for public inspection, and that comments be entertained only after such time as consideration of all alternatives are presentsd. He further suggested that the Roanoke City School Board bo instructed that if school improvements are needed, they should be done now, and not when and if the commercial interests of the community are assuaged. Ms. Patty Martin, 2524 Marr Street, N. W., advised that the concerns of citizens have been heard, meetings have been held to discuss neighborhood concerns, issues regarding the safety of children have been resolved, and improvements to the schools will provide a positive impact on the community. 191 Question was raised as to the consequences, if any, of further whereupon, Sam H. McGhee, III, representing Mattem & Craig' Consulting Engineers, advised that other alignments were reviewed relating to design criteria for the roadway. He explained that design criteria was required to be in accordance with the Urban Minor Arterial Roadway Standard of the Virginia Depe, b,,~nt of Transporlation (VDOT) utilizing a 35 mile per hour design speed which will be posted at 30 miles per hour, and is required by VDOT and the Federal Highway Administration. Secondly, he stated that the road was to be a four lane divided facility, and extension of Valley View Boulevard was to be aligned so as to minimize impact on existing buildings and improvements, public or private. Lastly, he stated that the Valley View Ring Road and Valley View Boulevard had to Operate as separate roadway facilities to provide for proper traffic patterns in the area. He explained that certain preliminary alignments ware made based on those guidelines and the design which is proposed is the only design that meets all of the above criteria without taking the Tire America building, the Cranshaw building, the Rack & Sack building, the elementary school, and other existing buildings on Valley View Boulevard west. He added that the objective of the engineers is to minimize all impacts to all properties and to all interests in the area. Question was raised if there are other roadways in the City that come in close proximity to a school; whereupon, Dr. E. Wayne Harris, Superintendent of Roanoke City Public Schools, advised that Oakland Intermediate School is approximately 88.5 feet from the lane closest to Williamson Road traveling west, and to his knowledge, no problems have bccn reported. He stated that in studying the matter, the safety of the children came first and foremost, and he would not have recommended to the School Board that it enter into an agreement with the City if he had any concem that the proposed;oad would present a safety hazard to the children or represent an intrusion to the instructional program. He stated that while he would have preferred that the road be farther away, it is his belief that the road can be constructed in a manner so as to guard against all environmental and safety intrusions. Vice-Mayor Wyatt expressed concern that from the beginning, she encouraged City and School representatives to maintain contact with the citizens in the neighborhood. She advised that the School Board negotiated the best possible deal under the circumstances; however, she expressed concern over a road that comes within 60 feet 192 ACTION: of a school building. She stated that the community was consulted only after the decision .was mede as to where the road would be constructed, and not prior to that time, therefore, as a Member of Council and as a resident of the area, she could not support the City Manager's recommendation. She stated that the citizens were present out of their concern for the wall-being of the community and Council has a responsibility to be responsive to their concerns. Ordinance No. 33502 was adopted on its first reading by the following vote: AYES: Council Members Trout, Parrott, Swain and Mayor Bowers.. 1. NAYS: Vice-Mayor Wyatt (Council Members Harris and Wttite were absent.) Mr. Trout moved that the following ordinance be placed upon first reading: (#33503) AN ORDINANCE authorizing execution of an agreement with Fais.on Realty Equities, Inc., Valley View Associates Limited Partnereh,p, Herech Associates Limited Partnership, and FCD- Shenandoah Limited Partnership providing for-certain obligations concerning construction and dedication of the 1-58t interchange at Valley View Boulevard - Phase I and Valley View Boulevard Extended; authorizing execution of an agreement with the Roanoke City School Board related to properties needed for road construction; and authorizing execution of appropriate documents by the proper City officials to provide for the dedication of 10,880 sq. ff., more or less, of permanent right-of-way end 24,044 sq. ft., more or less, of temporary construction easement to the Commonwealth of Virginia and/or VDOT for the 1-581 Interchange and the dedication for street purposes of 26,554 sq. ft., more or less, of permanent right-of-way, and 12,052 sq. ft., more or less, of a 20-foot temporary construction easement for Valley View Boulevard Extended. (For full text of Ordinance, see Ordinance Book No. 60, page 81.) T~:.; motion was seconded by Mr. Swain and adopted by the following vote: 193 AYES: I Mayor Bowera NAYS: Council Members Trout, Vice-Mayor Wyatt Parrott, Swain and 1. (Council Members Harris and White were absent.) SEWERS AND STORM DRAINS: The City Manager submitted a written report advising that the Tinker Creek interceptor Sewer Replacement was part of the renovation and expansion of joint use sewer facil~es considered by Council at its meeting on December 13, 1993; funding in the amount of $t5.7 million was approved by Council on December 13, 1993, to support the City's share of the $41.5 million project, which funding is from proceeds of a general obligation bond issue; and the Tinker Creek Interceptor Sewer Replacement Project replaces the existing interceptor sewer from the Water Pollution Control Plant to Orange Avenue at 13th StreeL It was further advised that Bryant Electric Co., Inc., is the contractor for the project; engineering plans prepared by Hayes, Seay, Mattem & Mattern, Inc., failed to show an existing drainage inlet located near Dale Avenue; the existing inlet conflicts with the proposed sewer alignment and must be removed and reconstructed to permit the installation of the sewer; the sewer line is also being modified; a change order for the required additional work has been negotiated with the contractor in the lump sum amount of $33,074.80; and construction contract cost is as follows: Construction Contract Change Order No. 1 Proposed Change Order No. 2 Total $5,596,895.00 6,630.00 33.074.80 $5,636,600.00 It was explained that cost of the project is apportioned between the participating jurisdictions as follows: City of Roanoke Town of Vinton Botetourt County Roanoke County 45.9% 1.1% 20.1% 32.9% 194 ACTION: The City Manager recommended that he be authorized to execute Change Order No. 2, in a for~. to be approved by the City Attomey, with Bryant Electric Co., Inc., in the amount of $33,074.80 and zero additional calendar days to complete the work. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency ordinance: (#33504-072197) AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 2 to the City's contract with Bryant Electric Co., inc., in connection with the Tinker Creek Interceptor Sewer Replacement project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 70.) Mr. Parrott moved the adoption of Ordinance No. 33504-072197. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Wyatt, Parrott, Swain and Mayor Bowers .. 5. t NAYS: None 0. ' ' (Council Members Harris and White were absent.) BUDGET-TRAFFIC-STATE HIGH, NAYS-CAPITAL IMPROVEMENTS PROGRAM-GREENWAY SYSTEM-CONSULTANTS REPORTS: The City Manager submitted a written report advising that the 1-581 interchange improvements were endorsed by Council on March 18, 1996; the Virginia Department of Transportation (VDOT) subsequently included projects in its Six Year Improvement Program for a partial interchange on 1-581, approximately one mile south of Hershberger Road; Council previously approved $5.0 million for the t996 Bond Issue for the cost of the pert]al interchange; and Mattern & Craig, Inc., was selected to provide consultant engineering design services on the project, through a contract authorized by Council on December 16,. 1996. It was further advised that public comment has urged the City to consider including bikeway and pedestrian facilities as part of the interchange construction; Change Order No. 4 has been negotiated with Mattem & Craig to provide additional design services to provide 195 plans sad specifications for the desired bikeway and pedestrian facilities; two alternate bids will be solicited from construction contractors for the proposed interchange, both with and without bikeway and pedestrian facilities; and the following is a summary of the Mattern & Craig, Inc., consultant contract: Original Contract Change Order No. 1 Change Order No. 2 Change Order No. 3 Proposed Change Order No. 4 $499,965.00 5,000.00 t2,000.00 15,000.00 82,000.00 The City Manager recommended that Council concur in the following actions: Authorize the City Manager to execute Change Order No. 4, in a form to be approved by the City Attorney, with Mattem & Craig, Inc., in the amount of $82,000.00 and zero additional calendar days to complete the work; and Transfer $82,000.00 from Public Improvement Bonds- Series 1996, Streets and Sidewalks Account No. 0084)52- 9701-9191, to the 1-581 Interchange Account No. 0084)52- 9545-9001. (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: (#33505) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations. (For full text of Ordinance, see Ordinance Book No. 60, page 82.) The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Trout, Wyatt, Parrott, Swain and Mayor Bowers 5. NAYS: None 0. (Council Members Harris and White were absent.) 196 ACTION: Mr. Swain offered the following resolution: (~/33506-072197) A RESOLUTION authorizing the City Manager's issuance of Change Order No. 4 to the City's contract with Mattern & Craig, Inc., for consulting services in connection with the 1-581 Interchange project. .~ (For full text of Resolution, see Resolution Book No. 60, page 71.) Mr. Swain moved the adoption of Resolution No. 33506-072197. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Trout, Wyatt, Parrott, Swain and Mayor Bowers 5. NAYS: None (Council Members Harris and White ware absent.) M PARKS A.N.D RECREATION.CITY PROPERTY-ScHooLS: The City anager submitted a written report advising .that pursuant to correspondence date~. M.arch 18, 1996, the Garden City Recreation Club has requested permlss,on to construct a permane, nt concession/ storagelreetroom building at Garden City Park beh,nd the existing baseball backstop and to install a practice batting cage; Club related equipment is currently being warehoused off site in the homes of Recreation Club members; and similar permanent buildings have been constructed and are being successfully operated by other City recreation clubs, such as Williamson Road Recreation Club (Breckinridge Field), Southeast Recreation Club (Jackson Park), Northwest Recreation Club (Weeteide Park), and Wilmont Recreation Club (Strauss Park). It was further advised that authorization by Council is required prior to allowing construction of a permanent building on City property; the Garden City Neighborhood Park Committee was created to evaluate the request of the Garden City Recreation Club to make various additions to Garden City Park; and the Garden City Recreation Club has agreed to raise approximately $7,000.00 for material costs and they have received assurances for gratis construction assistance in the amount of $16,000.00, for a project totalling $23,000.00. 197 ACTION: The City Manager recommended that Council approve the request of the Garden City Recreation Club to construct a permanent concessionlstorsgelrsstroom building at Garder~ City Park, subject to a written contract; and that Council authorize execution of the appropriate agreement (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: (~33507) AN ORDINANCE authorizing the City Manager to enter into an ~grsement authorizing the Garden City Recreation Club to construct a structure at Garden City Park, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 83.) The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Wyatt, Parrott, Swain and Mayor Bowers 5. NAYS: None 0. (Council Members Harris and White were absent.) S.t.e.ven B. Mullen, 3157 Ventnor Road, S. E., expressed appreciation on behalf of the Garden City Recreation Club. Sr, WERS AND STORM DRAINS-EQUIPMENT-WATER RESOURCES: The City Manager submitted a written report advising that funds ars designated in fiscal year 1997-98 operating budgets for Water and Water Pollution Control Departments for the purchase of certain chemicals for a period of one year; whereupon, the City Manager recommended that Council accept the following lowest responsible bids for water and waste water treatment chemicals for a period of one year; and reject all other bids received by the City: Liquid Alum - Alchem, Inc., at a cost of $.346834 per gallon; 198 Liquid Chlorine - Jones Chemicals, Inc.,'.at a cost of $17.666 per cwt. for 150 pound cylinders and $15.20 per ~ cwt. for 2,000 pound cylinders; Sodium Silico Fluoride. Prillaman Chemical Corporation, at a cost of $.245 per lb.; Sulfur Dioxide - Jones Chemicals, Inc., at a cost of $396.81 per cylinder; Sodium Hydroxide - in bulk by Prillaman Chemical Corporation, at a cost of $.78 per gallon and non bulk by Van, Waters and Rogers, Inc., at a cost of $.82 per gallon; Hydrofluosilica Acid - Prillaman Chemical Corp., at a cost of $.65 per gallon; Sodium Bi-Sulfite - Prillaman Chemical Corporation, at a cost of $t .20 per gallon; Orthophosphate - Prillaman Chemical Corporation, at a cost of $2.90 per gallon; Polymer Praeetol 186KH - GEO. S. Coyne Chemical Co., Inc., at a cost of $3.84 per gallon; Polymer Catfloc-TL - Southchem, Inc., at a cost of $4.07 per gallon; Filter Aid .57 ppm - Prillaman Chemical Corporation, at a cost of $3.91 per gallon: and Sodium Fluoride - Prillaman Chemical Corporation, at a cost of $.645 per pound. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (#33508-072197) A RESOLUTION accepting bids for water and sewage treatment chemicals for fiscal year 1997-98, and rejecting other bids. (For full text of Resolution, see Resolution Book No. 60, page 71.) ~ 199 ACTION: Ms. Wyatt moved the adoption of Raaolution No. 33508-072197. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Trout, Wyatt, Parrot'(, Swain and Mayor B~wers 5. NAYS: None... O. (Council Members Harris and White were absent.) BUDGET-REFUSE COLLECTION-EQUIPMENT: The City Manager submitted a written report advising that on February t8, t997, Council authorized the purchase of automated refuse containers from Toter, Inc., for .implementation of the Automated Solid Waste Collection Program; and the current year budget has identified the need to purchase the following additional automated refuse containers: 19,375 - 95 gallon size 500 - 64 gallon size The City Manager recommended that Council authorize the purchase of 19,375 95~gallon refuse containers and 500 64-gallon refuse containers from Toter, Inc., at a total cost of $8tt,688.75; and transfm :~811,688.75 from Transfer to Capital Fund Account No. 001- 004-9310-9508 to Solid Waste Management Expendable Equipment Account No. 001-052-4210-2035. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33509-072197) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriatim~s, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 73.) Mr. Trout moved the adoption of Ordinance No. 33509-072197. The motion was seconded by Mr. Parrott and adopted by the following vote: 20O ACTION: AYES: Council Members Trout, INyatt, Parrott, Swain and · Mayor Bowers .5. I NAYS: None .... 0. (Council Members Harris and White were absent.) Mr. Trout offered the following resolution: (~33510-072197) A RESOLUTION authorizing purchase of additional refuse containers for residential solid waste collection. (For full text of Resolution, see Resolution Book No. 60, page 74.) Mr. Trout moved the adoption of Resolution No. 33510-072197. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Trout, Wyatt, Parrott, Swain and Mayor Bowers 5. NAYS: None (Council Members Harris and White were absent.) 0. I CMERP-CITY INFORMATION SYSTEMS-EQUIPMENT: The City Manager submitted a written report advising that the Prior Year Capital Maintenance and Equipment Replacement Program has identified funds in the City Information Systems Prior Year Retained Earnings account to purchase 44 replacement and 15 new personal computers, and related equipment and software for 18 City departments; specifications were developed, and after proper advertisement, 11 bid responses were received, publicly opened and read on April 7, t997; and during the bid evaluation process, a determination was made that newer technology is available and none of the bids received totally meet all bid requirements. It was further advised that Council's authdrization is necessary to reject the bids for personal computers and related equipment in order to allow for adjustments to specifications and to rebid the required items; rebid of itams will be broken into like elements and bid 201 ACTION: as separate bids; no single bid is expected to exceed the limit Council has previously delegated to the approval authority of the City Manager; and appropriation of funds is necessary by Council to provide for purchase of requested items when they are rebid. The City Manager recommended that Council authorize rejection of the bids received for personal computers and related equipment; and appropriate $194,932.00 from City Information Systems Prior Year Retained Earnings account to City Information Systems Account No. 013-052-1602-90t 5. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#33611-072197) AN ORDINANCE to amend and reordain certain sections of the 1997~98 City Information Systems Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 75.) Mr. Swain moved the adoption of Ordinance No. 33511-072197. The motion was seconded by Mr. Parrott and adopted by the following vote: ACTION: AYES: Council Members Trout, Wyatt, r;Parrott, Swain and Mayor Bowers 5. NAYS: None 0. (Council Members Harris and White were absent.) Mr. Swain offered the following resolution: (#33512-072197) A RESOLUTION rejecting all bids for personal computers and related equipment. (For full ~ext of Resolution, see Resolution Book No. 60, page 76.) Mr. Swain moved the adoption of Resolution No. 33512-072197. The motion was seconded by Mr. Parrott and adopted by the following vote: 201 as separate bids; no single bid is expected to exceed the limit Council has previously delegated to the approval authority of the City Manager; and appropriation of funds is necessary by Council to provide for purchase of requested items when they are rabid. The City Manager recommended that Council authorize rejection of the bids received for personal computers and related equipment; end appropriate $194,932.00 from City Information Systems Prior Year Retained Earnings account to City Information Systems Account No. 013-062-1602-9015. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#33511-072197) AN ORDINANCE to amend and reordain certain sections of the 1997-98 City Information Systems Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 75.) ACTION: Mr. Swain moved the adoption of Ordinance No. 33511.072197. The motion wes seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Trout, Wyatt,~.Parrott, Swain and Mayor Bowers 5. NAYS: None 0. (Council Members Harris and White were absent.) Mr. Swain offered the following resolution: (#33512-072197) A RESOLUTION rejecting all bids for personal computers and related equipment. (For full ~.ext of Resolution, see Resolution Book No. 60, page 76.) ACTION: Mr. Swain moved the adoption of Resolution No. 33512-072197. The motion was seconded by Mr. Parrott and adopted by the following vote: 202 AYES: Council Members Trout, Wyatt, Parrott, Swain and Mayor Bowers 5. NAYS: Nono 0. (Council Members Harris and White were abeent.} BUDGET-POLICE DEPARTMENT-GRANTS: The City Manager submitted a written report advising that Congress amended 21 USC. Section 881 et-4, October 1986, which authorized transfer of certain Federally forfeited property to State and local law enforcement agencies that participated in the investigation and seizure of the property; application for an equitable share of property seized by local law enforcement must be made to the U. S. Department of Justice and certified by the City Attorney as to the appropriate agency and representative to receive the property and that the transfer is not prohibited by State and local laws; and property may be used only for the purpose stated in the application, i.e., narcotics investigations related to law enforcement. It was explained that the Police Depa,~,,ent receives additional funds periodically from the Federal Government'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 $88,137.00 have been collected and ara available for appropriation in Grant Fund Account No. 035-035-1234-7t 84. The City Manager recommended that Council accept assets from the U. S. Department of Justice, Federal Forfeited Property Sharing Program, and appropriate $88,137.00 to Grant Fund Account No. 035- 050-3304-2150, Investigations and Rewards, and increase the Grant Fund Revenue Estimate, Account No. 038-035-1234-7184, by $88,137.00. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#33513-072197) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 77.) 203 ACTION: Mr. Swain moved the adoption of Ordinance No. 335t 3-072197. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Trout, Wyatt, Parrott, Swain and Mayor Bowers N~YS: None 0. (Council Members Harris and White ware absent.) REPORTS OF COMMITTEES: FIRE DEPARTMENT-ROANOKE CIVIC CENTER-EQUIPMENT: Council Member Parrott, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for replacement of fire alarm and temperature controls at the Roanoke Civic Center. He advised that two bids were received, with Landis & Staefa, Inc., submitting the Iow bid in the amount of $598,888.00 and 120 consecutive calendar days to complete the work; and the project consists of the following: A complete integrated fire ala~i~ system that meets present code requirements to be provided and installed; A Direct Digital Temperature Control (DDC) System to be provided and installed, which will be comprised of a network of various independent, stand-alone digital controllers, together with centralized control stations and centralized host stations to provide centralized access and facility-wide control functions; and Both systems shall be interconnected and shall answer to one central control computer, and shaJl comply with current standards and codes. It was further advised that the consultant, Whitescarver, Hurd & Obenchain, Inc., requested that a meeting be held with Landis & Staefa, Inc., to determine if they were fully complying with the terms of the contract documents; Landis & Steefa, Inc., were questioned as to whether they proposed to provide and install the control system as 204 ACTION: specified, to which they replied in the affirmative, pursuant to a communication under date of June 18, 1997, in which seven exceptions to the con~act documents were listed; after reviewing the letter, the consultant submitted the following recommendation to the City: "The price as quoted by Landis & Staefa, Inc., is not based on the contract documents and in our (Whiteecarver, Hurd & Obenchain, Inc.) opinion is a non-responsive bid."; and the consultant and the City Engineer's representative met with the City Attorney on June 25, 1997, to review the current bid status and the City Attomey concurred with the recommendation that the bid of Landis & Steele, Inc., is a non- responsive bid. The Bid Committee recommended that Council concur in the following actions: Authorize the City Manager to reject the non-responsive bid of Landis & Steele, Inc.; Direct that the Civic Center Administration, the City Engineer, and Whiteecarver, Hurd & Obenchain, Inc., review the con~=ct documents to de~rmine what changes can be agreed upon to reduce the cost of the project closer to the available funding of approximately $630,000.00; and Reject the other bid received. T,~e 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 resolution: (~33514-072197) A RESOLUTION rejecting all bids to replace fire alarm and temperature controls at the Roanoke Civic Center. (For full text of Resolution, see Resolution Book No. 60, page 78.) Mr. Parrott moved the adoption of Resolution No. 33514-072197. The motion was seconded by Mr. Swain and adopted by the following vote: 205 AYES: Council I Mayor Bowers Members Trout, Wyatt, Parrott, Swain and NAYS: Non= O. (Council Members Harris and White were absent.) INDUSTRIES-ECONOMIC DEVELOPMENT: Council Member 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 Precision Circle Roadway Construction Project in connection with the Innotech, inc., expansion. It was advised that Council authorized construction of a new roadway serving Innotech, Inc., at its meeting on March t7, 1997; the project will be conatructsd under a fixed time contract with a scheduled completion of 120 days after issuance of the Notice to Proceed; and four bid~, were received, with E. C. Pace Co., Inc., submi~ng the Iow bid in the amount of $219,029.00, which was 11.1 par cent above the engineer's estimate of $197,t17.00. The Bid Committee recommended that Council authorize the City I Manager to execute a contract, in form to be approved by the City Attorney, with E. C. Pace Co., Inc., In the amount of $219,029.00. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency ordinance: (~33515-072197) AN ORDINANCE accepting the bid of E. C. Pace Co., Inc., for construction of the Precision Circle Roadway Construction Project, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contrac'~ ;~r 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. 60, page 78.) 206 ACTION: ACTION: Mr. Parrott moved the adoption of Ordinance No. 335154)72197. vote:The motion was seconded by Mr. Swain and adopted by the following AYES: Council Members Trout, Wyatt, Parrott, Swain and Mayor Bowers 5. NAYS: Nono O. (Council Members Harris and White ware absent.) BRIDGES-COMMUNITY PLANNING-STREETS AND ALLEYS-WAR MEMORIAL: A report of the City Planning Commission advising that a request was received from Harry E. Guilliams, Past Commander, Post #t264 VFW, to name the bridge constructed as part of the new Peters Creek Road Extension project at Melrose and Peters Creek Road the Veterans of Foreign Wars Bridge; and in December 1996, Council referred the request to the City Planning Commission for study, report and recommendation. The Planning Commission recommended that the Peters Creek Road Extension bridge be named the Veterans of Foreign Wars Bridge in honor of the veterans of foreign wars in the Roanoke Valley, and that I~1t an appropriate plaque be placed on the structure in a conspicuous location denoting the name of the structure. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the report be referred to the War Memorial Committee for study, report and recommendation to Council. The motion was seconded by Mr. Swain and adopted. UNFINISHED BUSINESS: BUDGET-PARKS AND RECREATION-NEIGHBORHOOD ORGANIZATION-HOUSING/AUTHORITY-COMMUNITY PLANNING- GRANTS: The City Manager presented a written report advising that at the Council meeting on July 7, 1997, a report was submitted recommending acceptance of a $100,000.00 matching grant from the Virginia Department of Housing and Community Development that was 207 intended to be used to renovate a structure whicN has been relocated I: to 124 Wells Avenue, N. W.; and following discussion, action on the report was tabled with a request by Council for more information; whereupon, the matter was again before the body. The City Manager advised that the Project is an outgrowth of discussions with representatives of Gainsboro neighborhood organizations over a number of public improvement projects in that area of the City; and Wells Avenue widening, renovation of The Hotel Roanoke and conetruction of the Conference Center, and realignment of Gainsboro Road/Second Street, including the new bridge over the railroad, all have come about during the last five years and have significantly impacted the Gainaboro neighborhood. It was explained that the Professional Park concept was first described in a December 11, 1992 communication to Council; a structure formerly located at 111 Wells Avenue was acquired for the new Gainaboro Road/Second Street Improvement Project, which was considered to be an architecturally significant structure to the neighborhood and preferably should be relocated rather than demolished; vacant property was acquired in the next block of Wells A.v. enue to the west of the new Gainsboro Road/Second Street I and the structure was moved and is now sitting on a new al,gnm.e, nt, foundation, plans have been prepared for renovation to accommodate professional offices, and the City is ready to proceed; to date, approximately $160,000.00 has been spent for site acquisition, relocation and design; and the proposed Clean Sites Grant, along with remaining funds appropriated in previous Community Development Block Grant (CDBG) budgets, is estimated to cover the cost of renovations. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency ordinance: "AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency." .~. Mr. Swain moved the adoption of the ordinance. The motion was seconded by Mr. Parrott. 2O8 The City Manager advised that at the Council meeting on Monday, July 7,.the matter was tabled in view of ce..r?in que. stions raised by Counc,I members. He explained that Council committed to · the project in t993 with appropriation of funds through the Community Development Block Grant Program, and the house in question involves the movement of the third house off of Wells Avenue. He stated that some members of Council previously expressed concern about the amount of money proposed to be spent, and while he acknowledged that it was expensive to move the two houses from Wells Avenue to Gilmer Avenue, it was felt that there was some benefit in moving the houses to infill Iota rather than demolishing the structures. He stated that the house in question is the last of the three houses, and in view of the expenses that have already been incurred, City staff worked diligently to identify a State grant to fund the project. He added that the house was determined by historic preservationists in the Roanoke Valley to be historically significant and well Worth spending the additional money to save. He explained that the $t00,000.00 represents a State grant, and Council is requesl~l to appropriate the funds which would represent a strong commitment to the Gainsboro community in general. He advised that the house at 111 Wells Avenue is the last of the three houses to be renovated, and the City has made no further commitments. Mr. J. B. Leonard, 1935 Hope Road, S. W., expressed concern with regard to the amount of funds proposed to be spent on renovating the house. He advised that Council is being asked to vote on whether to expend $200,000.00 total on the property, $100,000.00 representing a State grant and $100,000.00 rspreaenting CDBG funds. He questioned whether the expenditure of another $100,000.00 of funds already under the City's control for the project is in the best interest of the City. He stated that the house could be sold, the City could cut its losses, and the house could be developed in the private sector which would enable the $t00,000.00 to be used for a higher priority. Council Member Swain requested that he be. provided with a list of those organizations in the Gainsboro community with which the City negotiates. .. * In clarification of the remarks of Mr. Leonard, the City Manager advised that the $100,000.00 State grant does not call for an additional $t00,000.00, because the City has already received credit for the funds that have been expended for the project; therefor, if Council denies the 209 request, it would reject a State grant of $100,000.00 and not free up I $100,000.00 that c.o. uld be spent elsewhere. He stated that it is a matter of whether Councd wishes to accept a State grant and appropriate the funds for the recommended purpose. The budget ordinance, prepared as an emergency measure, was lost by the following vote: AYES: Council Members Parrott, Swain, Trout and Vice- Mayor Wyatt 4. NAYS: Mayor Bowers (Council Members Harris and White were absent.) Ms. Wyatt moved that the following ordinance be placed upon its first reading: "AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations." i:. The motion was seconded by Mr. Swain and lost by the following vote: AYES: Council Members Parrott, Swain and Vice-Mayor Wyatt--3. NAYS: Council Member Trout and Mayor Bowers (Council Members Harris and White were absenL) INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING-CITY PROPERTY-COMMUNICATIONS DEPARTMENT- LEASES-WATER RESOURCES-EQUIPMENT-STREETS AND ALLEYS: Ordinance No. 33489 authorizing the proper City officials to enter into a lease agreement with Virginia PCS Alliance, L.C., a Virginia Limited Liability Company, for use of the Washington Heights Water Tank and site located in the 4100 block of Wyoming Avenue, N. W., and use of the Summit Water Tank and site located in the area of 4500 Franklin Road, S. W., on the dead end of Summit Way Drive, S. W. (a private road) for the placement, operation, and maintenance of Personal Communication System antennas and related equipment, for a five-year period, with up 210 to two five-yeer renewals, effective August t, t997, at a rental rate of $750.00 per month for each prop~.rty, and upon such other terms and conditions aa are deemed appropriate and as more par~cularly set forth in a report to Council dated July 7, 1997, from the Water Resources Committee, having previously been before the Council for its first reading on Monday, July 7, t997, 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: (~33489-072t97) AN ORDINANCE authorizing the proper City officials to enter into a Lease Agreement between the City and Virginia PCS Alliance, LC., a Virginia Limited Liability Company, for use of the Washington Heights Water Tank and site located in the 4100 block of Wyoming Avenue, N. W., and the use of the Summit Water Tank and site located in the area of 4500 Franklin Road, S. W., on the dead end of Summit Way Drive, S. W., (a private road) for the placement, operatinn, and maintenance of Personal Communication System antennae and related equipment, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 59.) ACTION: M.r. Par~ott moved the adoption of Ordinance No. 334894)72197. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Wyatt, Parrott, Swain and Mayor Bowers 5. NAYS: None 0. (Council Members Harris and White were absent.) CITY PROPERTY-SPECIAL PERMiTS-CHURCHES-STREETS AND ALLEYS: Ordinance No. 33494 granting a conditional permit to allow for encroachment of a parking area over and into the right-of-way along Windsor Avenue, S. W., located adjacent to the parking area of the Raleigh Court United Methodist Church, Official Tax No. 1440701, subject to any required approval by the Board of Zoning Appeals, upon certain terms and conditions, having previously been before the Council for its first reading on Monday, July 7, 1997, 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 finsl adoption: i 211 (~t33494.072t97) AN ORDINANCE granting conditional permit to i allow for the .encroachment of a parking area over and into the right-of- way along Windsor Avenue, S. W., located adjacent to the parking area of the Raleigh Court United Methodist Church, Official Tax No. 1440701, subject to any required approval of the Board of Zoning Appeals, upon certain terms and conditions. (For furl text of Ordinance, see Ordinance Book No. 60, page 60.) ACTION: Mr. Swain moved the adoption of Ordinance No. 33494-072197. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, Wyatt, Parrott, Swain and Mayor Bowers NAYS: None -*~ 0. (Council Members Harris and White ware absenL) MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. HEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS AND ALLEYS-TRAFFIC-NEIGHBORHOOD ORGANIZATIONS-HOTEL ROANOKE CONFERENCE CENTER: Evelyn D. Bethel, President, Historic Gainsboro Preservation District, Inc., advised that a previous statement was made indicating that she, as an individual, was opposed to the Wells Avenue widening, which was a true statement; however, she explained that she represented residents and supporters in the Gainsboro community who shared that same opinion. She explained that it appeared from a previous statement that Historic Gainsboro Preservation. District, Inc., had compromised, and that was not a true statement. In the future, she asked that City staff be instructed to identify those organizations and individuals with whom they negotiate, and pointed out that she has made the same request on other occasions. She stated that this is one 212 ACTION: reason why she supports the modified ward system because when there are problems in. the Gainsboro community, there seldom are persons on City Counc,I who will speak up and express the opinion of · Gainsboro residents. At 5:07 p.m., the Mayor declared the meeting in recess. At 5:55 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Vice-Mayor Wyatt and Council Members Harris and White. 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 were heard, discussed or considered by City Council. The motion wes seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, Parrott, Swain and E Mayor Bowers 4~ ! NAYS: None (Vice-Mayor Wyatt and Council Members Harris and White were abssnL) COMMITTEES-SPECIAL EVENTS: The Mayor advised that there is a vacancy on the Special Events Committee created by the resignation of Elizabeth S. Poff, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Sherley E. Stuart. There being no further nominations, Mr. Stuart was elected as a member of the Special Events Committee, for a term ending June 30, 1998, by the following vote: I 213 ACTION: FOR MR. STUART: Council Members Trout, Parrott, Swain and I Mayor Bowers (Vice-Mayor Wyatt and Council Members Harris and White were absent.) OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that there is a vacancy on the Fair Housing Board to fill a position previously held by Kathryn R. Hale, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Bruce L. Robinson. There being no further nominations, Mr. Robinson was elected aa a member of the Fair Housing Board, for a term ending March 31, 2000, by the following vote: ACTION: FOR MR. ROBINSON: Council Members Trout, Parrott, Swain and Mayor B~wers ,4. (Vice.Mayor INyatt and Council Members Harris and White were absent.) OATHS OF OFFICE-COMMITTEES-COMMUNITY PLANNING-FIFTH PLANNING DISTRICT COMMISSION: The Mayor advised that there is a vacancy on the Fifth Planning District Commission created by the resignation of Marsha C. Fielder, and called for neminations to fill the vacancy. Mr. Parrott placed in nomination the name of David C. Anderson. There being no further nominations, Mr. Anderson was elected as a City representative to the Fifth Planning District Commission, for a term ending June 30, 2000, by the following vote: ACTION: FOR MR. ANDERSON: Council Members Trout, Parrott' Swain and Mayor Bowers ~.. (Vice-Mayor Wyatt and Council Members Harris and White were absent.) 214 ACTION: OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Mayor advised that there is a vacancy on the Roanoke Public Library Board created by the resignation of Frank Eastbum, and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Michael L. Ramsey. There being no further nominations, Mr. Ramsey was elected as a member of the Roanoke Public Library Board, for a term ending June 30, 2000, by the following vote: FOR MR. RAMSEY: Council Members Trout, Parrott, Swain and Mayor Bowers ...... ~1. (Vice-Mayor Wyatt and Council Members Harris and White were absenL) At 6:00 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Monday, July 21, 1997, 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 rite following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members James O. Trout, C. Nelson Harris, John H. Parrott, Carroll E. Swain and Mayor David A. Bowers ....... -5. ABSENT: Council Members Linda F. Wyatt and William White, Sr .... 2. OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. T';e Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. 215 I ACTS OF ACKNOWLEDGEMENT-SISTER CITIES: The Mayor presented an Honorary Citizenship Certificete and a Crystal Star to Ms. Julia Alek~sndrova, a resident of Pekov, Russia, one of Roanoke'e Sieter Cities. PUBLIC HEARINGS: 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, July 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the mqueet of GFW Construction Corporation that a 1.96-acre tract of land located on Orange Avenue, N. E., (Route 460 East), described as Official Tax No. 7140114, 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 ~ on Thursday, July 3, 1997, and Thursday, July 10, t997, and in the Roanoke Tribune on Thursday,.July 10, 1997. I' (See publisher's affdavits 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 a retail commercial building; and that a First Amended Petition was filed on June 3, 1997, with the following proffered conditions, was before Council. The property will be developed in substantial conformity with the development plan prepared by Lang Engineering, dated May 8, t997, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. The property will not be used for a neighborhood or highway convenience store, a fast food restaurant, or outdoor advert]sing, ex 216 ACTION: The Planning Commission recommended that Council approve the request for rezoning, and advised that the proffered conditions address future development and use of the property; the proposed zoning change is consistent with adjacent land uses and deve!opment patterns on Route 46.0; and although the property is located wi.thin the City's Urban Enterpnse Zone, the subject property is not particularly valuable for industrial development. . (For full text, see report on file in the City Clerk's Office.) Carolyn H. Furrow, Attorney, appeared before Council in support of the request of her client. Mr. Trout moved that the following ordinance be placed upon its first reading: (1/33516) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke {1979), as amended, and Sheet No. 714, 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. 60, page 85.) 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 rszoning. There being none, Ordinance No. 33516 was adopted on its first reading by the following vote: AYES: Council Members Trout, Harris, Parrott, Swain and Mayor Bowers-.. 5. NAYS: None 0. (Council Members Wyatt and White were 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, July 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Apurva B. and Chhaya A. Shukla that a tract of land located at 2315 Colonial Avenue, 217 ' S. W., described as Official Tax No. t27054.'1, .be rezoned from .C-.1, I Office District, to C-2, General..C. ommercial District, subject to certa,n conditions proffered by the pebtioners, the matl~r was before the body. Legal adveCdeement of the public hearing was published in The l~ on Thursday, July 3, 1997, and Thursday, July 10, t997, and in the ~ on Thursday, July t0, 1997. (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 razoning., is to permit..l~e p. roperty o.wne..r to. use the subject property for a retail commercial ouslnees; ana a rlrs~ Amended Petition to Rezone was filed on May 27, 1997, with the following proffered conditions, was before Council. The existing building will be rehabilitated for retail use and not expended. In the event of total damage to the property, any replacement structure will be similar in size, design and location. Parking and vehicular access will be restricted to the rear I of the.structura. There will be no vehicular access from Colomal Avenue. Use of the property will be restricted to a general retail establishment primarily engaged in the retail sale of merchandise, goods, or products .(.including. non- perishable foods), except automobde~, tru.cks or construction equipment, or to general, profssslonal or medical offices. The Planning Commission recommended denial of the request for rezoning, and advised that commercial zoning on Colonial Avenue has been a major issue since the 1970's when Wonju Street and the Webber .--xpressway were constructed. It was noted that the Planning Commission has consistently recommended denial of commercial requests on the basis of access, traffic,, storm water .management, neighborhood encroachment, and the prohferation of strip commercial d.evelopment; the properties fronting on Colonial Avenue, while not highly desirable as residential prope~ee, are not suitable for additional commercial development; in addition, extension of Wonju Street is a high priority included in the City's Comprehensive Plan as part of the t993 Thoroughfare Plan; the highway project will immediately affect the subject property and the intersection of Wonju and Colonial Avenues; and other appropriately commemially zoned property is available in the area for the operation of a retail business. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Parrott moved that the following ordinance be placed upon its firat reading: "AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (t979), as amended, and Sheet No. 127, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant." The motion wes seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the requeet for rezoning; whereupon, James R. Cromwell, Attorney, representing the petiitionere, advised that the land is currently zoned for office use and the owners seek to upgrade the property for general commercial purposes in order to sell general items of interest to the Indian community. He called attention to concerns regarding traffic, the overall nature of the rezoning request, and the issue of extending Wonju Street. He explained that the adjacent property, consisting of three tracts of land, was zoned for commercial use several years ago, and the request presently before Council would be an extension of the rezoned area by one IoL He advised that the rationale used by the City Planning Commission for the previous rezoning for office purposes was to provide a buffer between retail use and residential use; however, buffering becomes a moot issue by the proposed extension of Wonju Street. He stated that there is no opposition by the neighborhood to the proposed commercial use, and if adjacent property was rezoned for commercial purposes, it would seem to be the appropriate and best use for his clients' property. In regard to traffic and access, he stated that the proposed use and the proposed restrictions on the property would significantly limit its use. He explained that the rezoning petition proposes that the property be limited to general retail use as are other adjacent properties and noted that there are numerous uses under the current zoning that could create a higher traffic flow. He added that his 219 client recognizes the nccd to include parking in his proposed plan. In I clo~ing, he steted that it would appear that the proposed rez.o, ning is a reasonable request to deal with what may be a short term I,fe of the property when Wonju Street is extended. No other pereon wishing to be heard in connect]on with the request for rezoning, the ordinance was defeated by the following vote: AYES: None-- 0. NAYS: Council Members Trout, Harris, Parrott, Swain and Mayor Bowers ...... 5. (Council Membere Wyatt and White were absent.) SEWERS AND STORM DRAINS-BUILDINGS/BUILDING DEPARTMENT-ELECTIONS-BONDS/BOND ISSUES-SIDEWALK/CURB AND GUTTER-PARKS AND RECREATION-BRIDGES-CITY PROPERTY- CAPITAL IMPROVEMENTS PROGRAM-ECONOMIC DEVELOPMENT- SCHOOLS-STREETS AND ALLEYS: The City Clerk having advertised a public hearing for Monday, July 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, with respect to the proposed adoption by Council of an ordinance authorizing the City to contract a debt and issue general obligation public improvement bends of the City in the principal amount of $39,030,000.00 to finance the costs of various n=cdsd public improvements of and for the City and an ordinance directing and providing for the holding of an elect]on to determine whether the qualified voters of the City will approve the issuance of general obligation public improvement bonds of the City, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, July 7, 1997, and Monday, July 14, 1997, and in the Roanoke Tribune on Thursday, July 10, t997. (See publisher's affidavits on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (#33497-072197) AN ORDINANCE authorizing the issuance of Thirty-Nine Million Thirty Thousand Dollars ($39,030,000.00) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of 22O ACTION: ACTION: Roanoke of needed permanent public improvements of and to public bridges, public buildings, economic development, parks, public schools, sto.,, drains, streets and sidewalks, and acquisition of real property for the foregoing; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 62.) Mr. Trout moved the adoption of Ordinance No. 33497-072197. The motion was seconded by Mr. Swain. Mr. Trout offered the following emergency ordinance: (#33498-072197) AN ORDINANCE directing and providing for the holding of an election in the City of Roanoke, Virginia, to determine whether the qualified voters of the City of Roanoke, Virginia will approve Ordinance No. 33497-072197, duly adopted by the Council of the City of Roanoke on July 21, 1997, providing for the issue of certain general obligation bonds of the City of Roanoke; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 64.) M.r. Trout moved the adoption of Ordinance No. 33498-072197. 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. The City Manager advised that the proposed $39 million worth of bond projects is the largest single bond referendum that has been submitted to the voters of the City of Roanoke. He stated that the Capital Improvement Program is submitted for consideration by Council and the citizens of Roanoke without any type of tax increase. In order to do so, he explained that the City will retire, over the next three to four years, the equivalent of approximately $20 million of debt service which will be rolled into important capital, projects. In addition, he stated that Council approved solid waste automation which will generate about $1.4 million of savings and will support approximately $14 million of additional bonds; and transfer of ownership of the City's Nursing Home, which will physically take place on or about August 1, will generate approximately $500,000.00 in savings. 221 The Mayor inquired if there were persons present who would like to address Council with regard to the proposed Capital Improvement Program; whereupon, the following persons appeared before Council. Susan D. Gaylor, President, Roanoke City Central Council PTA, urged that Council approve the proposed Capital Improvement Program for Roanoke City and submit the proposal to the electorate in November 1997. Specifically, she supported 'the $13,623,000.00 proposed to be allocated to Roanoke City Schools, which is a system that adds significantly to the quality of life and economic well being of the community, by providing dedicated teachers, a school renovation schedule that keepe Roanoke's school facilities up to date and safe, magnet schools that provide advance levels of study and a celebration of cultural diversity, and computer technology that prepares Roanoke's children for the future. She advised that allocation of the full $13,623,000.00 requested by the school system will allow Roanoke to stay strong by providing middle school renovations, elementary classroom additions, a school facilities study, school technology equipment, asbestos abatement for middle schools, and improvements to Huff Lane and Round Hill Schools through the pending road extension in the area. She stated that the Central Council PTA is prepared to stand behind the City and to turn out in full force to work for passage of the bond issue, and the Central Council PTA plans to be aggressive in disseminating information to its membership and encouraging community involvement Robert W. Glenn, Jr., Chair, Board of Directors, Downtown Roanoke, Inc., expressed full support of the bond referendum. He callsd attention to three specific areas of support, viz: (1) the participatory process that was offered to citizens and the business community; (2) the public/private partnership that Downtown Roanoke, Inc., enjoys with the City through the Outlook Downtown Roanoke Plan which, in part, will help to guide certain improvements in downtown Roanokr for years to come; and (3) City Council has taken a leadership role to provide for the largest bond referendum in the history of the City of Roanoke. He advised that Downtown Roanoke, Inc., is supportive of the entire bond package and will be pleased to assist the City as needed. John M. Stroud, President, Roanoke Valley Regional Chamber of Commerce, expressed support of the proposed Capital Improvement Program. He stated that credit must be given to Council and to City staff for reducing year to year operating expenses so that the savings 222 could be used to fund a significant pert of the bond issue without a tax increase. He urged that Council develop a plan that will provide for continual operational savings, and advised that the Chamber of Commerce has supported regional cooperation as a way to achieve savings fur the City and regional cooperation should be included in the plan. He stated that the Chamber of Commerce supports using capital dollars to invest in the City in ways that will reduce the City's operating costs. He added that the Capital Improvement Program provides for a continued major investment in education, and between the proposed bond issue and the school system's internal funding, there will be continued major investment in the City Schools. He stated that the bond issue provides funds for economic development which is a major goal of the Chamber of Commerce and funds allocated for this purpose will be the basis for future revenues to the City, as well as an improved standard of living for Roanoke's citizens. He noted that Roanoke is at a crossroads, and there is practically no available land for development in the City, therefore, incentives must be creatad for reuse of older properties, including residential and commercial, and by investing outside the City limits in industrial land. On behalf of the Roanoke Valley Regional Chamber of Commerce, he requested that Council approve the proposed bond issue and place the matter on the ballot for the November election to be voted on by the citizens of Roanoke. Mareha W. Eilison, Chair, Roanoke City School Board, spoke in support of the Capital improvement Program. She advised that over the past tan years, City Council has provided adequate resources to keep Roanoke's oldest school buildings up to data and, as a result of funds through pest bond referenda, seven elementary schools and two middle schools have bccn renovated. She statad that a national and ststa award winning technology plan has b.~cn implemented as a result of Council's approval of bond referenda funds which were necessary to create the infrastructure required to support various technologies. She advised that the Roanoke City Schools continue to benefit from the City's support through funding of school capital improvement projects, and the proposed CIP bond referendum will provide the funds required to continue capital improvement projects such as school tachnology, equipment, asbestos abatament for middle school renovation, permanent elementary school classroom additions, a high school facilities study, and contribute significant funds to the completion of the final two middle school renovations. She pointad out that school improvements in the proposed bond issue represent priorit~ requirements in all quadrants of the City. On behalf of the School 223 Board, she expressed appreciation for Council's past support and requested that Council take the required actions to insure that the proposed Capital Improvement Program bond referendum appears on the November 4, 1997 ballot. L~cy P. Mu#is, Executive Director, Williamson Road Area Business Association, expressed appreciation for Council's support of the Williamson Road Corridor project. She advised that as the project progresses over the next few years, it will contribute to the quality of life for all citizens of Roanoke, and the proposed bond issue will provide s much needed "shot in the arm" for the Williamson Road Corridor project and also provide a positive impact on the strength and quality of Williameon Road. William W. Stephens, Member, Roanoke Civic Center Commission, expressed support of the proposed bond referendum. He called attention to the need to replace the roof over the Civic Center complex, and noted that $750,000.00 has been included in the bond referendum for the Civic Center, of which approximately $690,000.00 will be spent over the next seven years to replace the Civic Center roof. M. Rupert Cutler, Executive Director, Western Virginia Land Trust, spoke in support of adequate funding for parks and greenways. He supported the position of many greenway trail advocates that much more than the $200,000.00 currently allocated under the $39 million bond issue should be spent on greenway land acquisition and greenway trail development. He stated that Council should encourage City staff to adopt a policy decision that a city-wide network of greenway trails should be incorporated in the long range goals of the City's parks system as a set of linear parks which will connect most of the City's neighborhood parks so that children, bikers and migratory wildlife can move easily and safely between the parks. He requested that Council allocate at least $500,000.00 of the ~ million bond issue for development of a much needed network of greenways for the health and safety of Roanoke's citizens and as a tourist pleasing economic development investment. Warner N. Dalhouse, Vice-President, Jefferson Center Foundation, advised that neighborhood improvements, storm drains, Mill Mountain improvements, curbs and gutters, economic development, greenways, police and library building improvements, and 35 par cent of the total Capital Improvement Program devoted to 224 public school improvements are all necessary enhancements to the functioning of the City which will i.n. crease the City's value and make the City a more enjoyable place to live. He stated that while the bond issue will finance $39 million of the City's part of the cost, it will actually finance $82 million in capital improvements. He advised that this is sound business sense and pointed out that the City is doing a frugal and pragmatic job for its taxpayers. He called attention to favorable timing because interest rstss are Iow, the demand for high quality municipal bonds is high in the marketplace, which coupled with the City's AA bond rating almost assures a favorable interest rats for the bonds at this time, and because borrowing is well within the City's statutory borrowing limit and relatively Iow debt position, the transection will trigger no increase in property taxes. He advised that the proposed financing is consistent with the City's tradition of sound and conservative financial management and complimented the City and City management on the enlightened process that was used to determine improvements. He stated that the Capital Improvement Program is a sensible and appropriate package for the City and urged that Council approve the CIP for submittal to the voters in November t997. Beverly T. Fi..tzpatrick, Sr., President, Jefferson Center Foundation Board of endorsed the remarks of Mr. Dalhouse. He stated that the CIP bond issue is needed and expressed appreciation to Council for its foresight in bringing the program to the attention of the voters through · bond referendum to be voted on in November 1997. Mr. Christopher Craft, 1501 East Gate Avenue, N. E., spoke in support of the proposed bond referendum. He raised question with regard to that portion of the Capital Improvement Program pertaining to parks, and advised that it appears that the City has taken East Gate Park off of the proposed list for funding. He inquired if improvements are proposed for East Gate Park. The City Manager advised that the neighborhood park category is contingent upon a City-wide citizen participation study if the bond referendum is approved, no firm decisions have been made regarding any of the parks at this time, citizens will have every opportunity through the public participation process to provide input, and a recommendation will be submitted to Council on proposed expenditure of park funds. 225 The Mayor requested that the City Manager meet with Mr. Craft, Delegate A. Victor Thomas and Roy N. Stroop, President, Wildwood Civic League, to address Mr. Craft's concerns. Mr. Robert H. Fetzer, 2602 Stanley Avenue, S. E., appeared before Council as a greenway advocate, and advised that out of the $39 million bond referendum, a $250,000.00 single project for Mill Mountain doss not represent what is needed as a City to move forward. He stated that in order for most communities of Roanoke's size to move forward, gresnwsys are a necessary amenity; and grsenways offer hiking and biking opportunities, provide economic development, improve the quality of life, enhance local competitiveness, provide alternative means of transportation, link shopping areas, parks, employment centers, tourist attractions and other common destinations, and effect storm water retention and flood management. He stated that proposed $250,000.00 represents less than one per cent of the total bond referendum. He added that citizens have stated that they want police officers diebureed into the neighborhoods; however, $t0 million is proposed in the Capital improvement Program for a police building in downtown Roanoke which accounts for almost 25 per cent of the bond issue, and if the City requests citizen input, it should take the views of citizens into consideration. He asked that Council again review the recommended funding levels, include more money for grssnways, and assign police officers to the neighborhoods rather than to a central location in downtown Roanoke. Ms. Betty Field, Member, Mill Mountain Advisory Committee, addressed funding for Mill Mount Park. She requested that the funds be used to keep Mill Mountain in a natural state by planting trees, opening up trails to be maintained by volunteers, and employment of a Mill Mountain Coordinator. She advised that some of the money proposed for Mill Mountain Park could be used for greenways. In clarification, the City Manager addressed two issues that were discussed by citizens. He advised that not included in the $39 million Capital Program is approximately $400,000.00 for the greenway connection across the new 1-581 interchange. He explained that Council has appropriated local and state funds in the range of approximately three quarters of a million dollars for greenways, and the Roanoke River Flood Reduction Project includes a significant greenway project along the Roanoke River. He asked that citizens not lose sight of the fact that funding for greenways comes from several funding sources. 226 ACTION: In regard to funds proposed in the Capital Improvement Program for a police building, the City Manager advised that $3.9 million is included for much needed space for use by existing police staff. He stated that the City's commitment to the Community Oriented Policing Effort will not be impacted by the proposed police building, and in the not too distant future, there could be a demand for additional court space, and the project which is recommended to Council could be converted for that purpose, if necessary. Ordinance No. 33497-072197 was adopted by the following vote: AYES: Council Members Trout, Harris, Parrott, Swain and Mayor Boware 5. NAYS: None 0. (Council Members Wyatt and White were absent.) Mr. Trout offered the following emergency ordinance: (33498-072197) AN ORDINANCE directing and providing for the holding of an ele.c, tion in the City of Roanoke, Virginia, to determine whether the qual,fied voters of the City of Roanoke, Virginia .,will approve Ordinance No. 33497-072197, duly adopted by the Counc,I of the City of Roanoke on July 21, 1997, providing for the issue of certain general obligation bonds of the City of Roanoke; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 64.) Mr. Trout moved the adoption of Ordinance No. 33498-072197. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Harris, Parrott, Swain and Mayor Boware 5. NAYS: None 0. (Council Members Wyatt and White were absent.) OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: 227 CITY CODE-ANIMALS/INSECTS-COMPLAINTS: Me. Patricia Earls, 717 Mississippi Avenue, N. E., requested that the Code of the City of Roan~,ke (1979), as amended, be amended to allow the keeping of Vietnamese Pot Bellied Pigs as household beta in the City of Roanoke. She advised that none of her neighbors have expressed a concern over her pig which is considered to be a family peL She stated that she has provided the City with written information on the pot bellied pig and enabling legislation f~om other localities. She explained that the United States Depa,~,,ent of Agriculture no longer considers the pot bellied pig to be livestock, but a companion pet, and asked that Council reconsider her request on a trial basis for one year. ACTION: Without objection by Council, the Mayor advised that the remarks of Ms. Earls would be received and flied. COMPLAINTS-WATER RESOURCES: Ms. Beatrice Gushee, P. Oo Box 9675, Ho#ins College, Virginia, addressed Council with regard to the natural beauty and preservation of Carvine Cove, and expressed concern relative to a proposal which was presented to the Water Resources Committee at itt meeting on July 21, 1997, requesting permission to hold mountain bike racing at Carvins Cove. ACTION: Without objection by Council, the Mayor advised that the remarks of Ms. Gushes would be referred to the City Manager and City staff for their information in connection with their study of whether mountain bik racing should be peru;iff, ed at Carvins Cove. There being no further business, the Mayor declared the meeting adjourned at 8:20 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bow6rs Mayor 228 SPECIAL MEETING ROANOKE CITY COUNCIL July 28, 1997 7:00 p.m. The Council of the City of Roanoke met in special session on Monday, July 28, 1,~=~., ~.nn n m in the Exhibit Hall of the Roanoke Civic Center, 710 Williamson Road, N. E., City of Roanoke, Vtrgmia, pursuant to motion adopted by Council at a regu!a..r meeting held on Monday, June 16, t997, with Mayor David A. Bo.w..ers presld,ng, for the purpose of recewing cit~.en comments on a report of the Modified Election District Task Force under date of June 16, 1997. PRESENT: Council Members Carroll E. Swain, James O. Trout, Linde F. Wyatt A and Mayor David A. Bowers " ABSENT: Council Members C. Nelson Harris, John H. Parrott and William White, Sr. 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. i! 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. ELECTIONS~OUNCIL: Legal advertisement of the public hearing was published in ~ on Friday, July 16, 1997, and in the ~ ~ on Thursday, July 17, 1997. (See publisher's affidavite on file in the City Clerk's Office.) The Mayor extended a welcome to all attendees and advised that the purpose of the public hearing was to hear comments regarding the Modified Election District Plan presented to Council on June 16, 1997, by a task force composed of citizens from the various neighborhoods in the City of Roanoke. He explained that pursuant to motion adopted by Council at its meeting on April 22, 1996, Council created a citizens task force and gave the task force the charge of devising the best modified 229 election district plan for the City of Roanoke; however, the task force was not charged with the responsibility to recommend whether the City should have a modified eisction district plan. He advised that the task force rendered its final report to Roanoke City Council on June 16, 1997, members of the task force have complied with their charge, and it is now the responsibility of Council to carefully review the proposed plan and adopt a final plan to present to the voters on November 4, t997 in referendum. He stated that the task force required approximately one year to complete its work and if a November referendum is to occur, Council Members must complete their work by August 18, t997. He explained that on July 15, Council held its first work session in respect to the recommended plan and Council has Peen briefed by the City Attomey and others on applicable law, adopbKI a resolution establishing objectives and guidelines for Council's work and begun to scrutinize the plan presented to Council. He stated that on July 29, st 2:00 p.m., in the Emergency Operations Center Conference Room, Council will hold its second work session. The Mayor recognized the following members of the Modified Elction District Task Force: Michael F. Urbanski, Chair, W'dliam L. Boys, Vice-Chair, Mary S. Allen, William D. Bestpitch, R. Jean Bevins, Robert S. Callahan, Farley Childrees, Lisa W. Farlhing, Minnie G. Jones, Margie M. Jumper, Maynard L. Keller, R. Matthew Kennell, Tony G. Martin, Jim H. Phillips, Jell N. Rogers, Norms R. Smith, Clarica E. Walker, Peter White, and Linde Fergueon, Staff Coordinator. The Mayor called upon the City Attorney for a summary of the proposed plan recommended by the task force. The City Attorney advised that all members of Council ars currently elected at isrge which means that seven members of Council, including the Mayor and the Vice-Mayor who ars members of City Council, represent all of the citizens of Roanoke, and the qualified voters of the City vote for each of the seven members of Council which constitutes an at-large system. He stated that it would also be possible to have an all district or an all ward system and in this type of system each member of Council would live in and represent one election district of the City; and qualified voters of the City would vote only for a Council Member from their district, or one of seven members of the City Council. He added that in a modified election district system, some members of City Council are elected at large and some are elected from election districts, and this type of system is somewhat of a compromise or a hybrid between a fully at large and a fully district system. He explained that it is a modified election district system that the task force was directed by Council to 230 devise; and the task force was directed to present a proposed plan to be put to the voters. He added that the plan of the task force is set forth on Page 19 of the final report, which is available for review by citizens in the City Clerk's Office, at the main library and at each branch library, and the report may be accessed on the City's Home Page via the Intsrnet. He advised that the task force proposes that City Council continue to be comprised of seven total members, five members would represent and be elected from five different election districts of the City and the Council would have two at-large members, viz: the Mayor and the Vice-Mayor. He stated that candidates would declare for and run for the office of Mayor and Vice- Mayor in separsta elections; and according to the plan of the task force, the Mayor and three district representatives would be elected in May 2000 and the Vice-Mayor and two district representatives would be elected in May 2002. He added that the Mayor and the Vice-Mayor and five district representatives would serve for four year terms; the task force also proposed · map setting out the boundaries of the five election districts and the map has been posted at five different locations throughout the room for review by citizens. He advised that the plan which is presented is a modified election district system, the Mayor and Vice-Mayor would be elected at large and five members of the City Council would be elected from districts; and rather than the current all at large system which allows citizens to vote for all seven members of City Council, or · total election district or ward system which would allow citizens to vote for only one member of Council, the proposed system would allow citizens to vote for the Mayor, the Vice-Mayor and one district representative. He stated that the task force recognized that its work must comply with all of the legal mandates of the United States Constitution, the Constitution of Virginia, Federal law including the Voting Rights Act, and the laws of the Commonwealth of Virginia and, accordingly, the task force adopted guidelines to be adhered to in devising its plan and in drawing its recommended map. He added that City Council has also recognized the need to have objective guidelines to be adhered to by the Council in reviewing and approving a modified election district plan and in drawing election districts, and at the special meeting/work session on July 15, 1997, Council adopted Resolution No. 33496-071597, setting forth the following guidelines: ~llJ~. The total number of persons in each election district shall be as nearly equal as is practicable. Any deviation from equality of population is justified only when it is the result of following another guideline set forth below, in no case shall the total deviation from the most populous district to the least populous district exceed ten percent (10%) following the methodology approved by the Supreme Court of the United States in Board of Estimates of New York City_ v. Morris. 489 U. S. 688 (1989). 231 he ~il~L[~l~. The dilution of racial or minority voting strength is contrary to law and public policy. Accordingly, no districting plan shall dilute racial or minority voting strength, and nothing in these guidelines shall be construed to supersede any prevision of the Constitution of tho United States or the Voting Rights Act of t965, as amended. Districts shall be in reasonably compact form. .~.OJ;igl~. Districts shall be comprised of one contiguous geographic unit and not be separated by other boundary lines. ~. The t990 Federal Decennial Census numbers shall be the sole basis for determining the population of election districts. ~ ~. Election district boundaries shall where possible follow clearly defined and clearly observable features, such aa reads, highways, railroad tracks, rivers, streams and other permanent features. ~b]9]~. No election'district lines shall divide a census block. By using whole census blocks, the population of each election district can be determined solely by reference to the census reports and without relying on estimates. Precincts. Each precinct shall be wholly contained within an election district. Communities of interest. Election districts shall be established in such a way as to preserve existing communities of interest where that can be done in compliance with the preceding guidelines. Communities of interest ars defined as recognizable areas with similarities of interest, including bul~not limited to racial, ethnic, geographic, economic, social, cultural, or historic interests, as well as commonality of communications and transportation links. 232 Mr. Dibling advised that Resolutio.n No.. 33496-071597 recognizes that the [I ~ guidelines of equal population and the Voting R,ghte Act are paramount and should id be given priority in the application of cri.te..ria; that November 4, t997, is the data of the proposed referendum; and citizens w~ll .be. asked to vota yes or no on a proposed amend, ment to the City. Chartar that would ,ncorporeta the plan adoptod by City Counc,I. He added that ~f there is a successful referendum, the plan would then be presented to the 1998 Session of the General Assembly as a bill to amend the City's Charter; and if the propesed Charter amendment is adopted by the 1998 Session of the General Assembly, as soon as possible after the Session, the plan would be presented to the United States Department of Justice for pre-clearance under the Voting Rights Act. He explained that it is hoped that the Department of Justice will complete its action in ista spring or summer 1998 and thereafter, the first election under the new plan could occur in May 2000. The Mayor requested those persons who favor the plan as proposed by the Modified Election District Task Force to stand; whereupon, approximately 30 persons stood. He asked those persons who ars in favor of a modified election district plan, but would prefer changes to stand; whereupon, three persons stood. He asked those persons who are against the modified election district system to stand; whereupon, approximataly tan persons stood. Finally, he asked those persons who are undecided to stand; whereupon, approximataly ten persons stood. The Mayor advised that each speaker would be allowed up to five minutas to make their presentation; whereupon, the following persons addressed Council: '1 Mr. Michael F. Urbanski, 2108 Mount Vemon Road, S. W., advised that he served as Chair of the Modified Election District Task Force. He stated that the members of the task force worked well together in a collegial atmosphere and a spirit of mutual respect. He advised that the charge to the task force was to recommend a plan for a modified ward system to Council, not to debate or recommend whether a modified ward systam or an at large system of election is best for the City, and not to advocata for any one plan. He stated that their charge was to devise the best possible plan for presentation to City Council which has been done and the job of the task force is complete. At this point, he advised that he would like to speak in his capacity as a privata citizen of the City of Roanoke. He stated that if Council chooses to put the issue on the ballot for referendum, he will vota against the plan because the modified ward system will result in a balkanized and divided City Council which will be more concerned with the issues of specific neighborhoods than with the welfare of the City as a whole. He stated that the 233 modified ward system could lead to more political infighting and could reduce the ability of the City to compete with other cities. He a..d. ded that his opinion is based on concerns presented by representatives of other c,ties in Virginia and govemme.nt specialists from Virginia Tech and the University of Virginia~ He stated that h,s position found further support during the public input phase of the work of the task force, and called attention to a meeting of the Greater Raleigh Court Civic League, where the clear consensus was that there should be no change to the current election system. He further stated that there has been much discussion about accountability, that City Council acts by majority vote rather than at the bidding of any one Council member, and under the plan recommended by the task force, a voter may participate in the election of only three members of Council, viz: the Mayor, Vice-Mayor and one ward member. He added that three is less than a majority of Council and under the proposed plan, the majority of Council is not accountable to any one voter, and by its very nature, the proposed systam prevents a voter from participating in the selection of a majority of Council members. He stated that should Council decide to present this proposal to the voters, a 5 - 4 system rather than the proposed 5 - 2 system would provide for a more balanced Council which would not be as wedded to the interest of any specific ward. He explained that under a 5 - 4 system, five members would be elected from wards and four would be elected at large, and under that plan, Council would have a more balanced, and broader perspective which would be a City-wide perspective, and each voter would have the ability to vote for a majority of the members of Council, thus, City Council as a whole would be more accountable to and-more representative of each voter. He stated that he is strongly in favor of retaining the current at large system; however, since Council has chosen to pursue a referendum on this issue, he requested that Council strongly consider departing from the recommendation of the task force and present a 5 - 4 modified district plan to the voters. Mr. William D. Bestpitch, 381 Washington Avenue, S. W., Chair, Committee for BeP. er Representation, advised that it is important to nots that the charge to the task force was widely understood by its members and by many other citizens of Roanoke as an indication that both supporters and opponents of election districts could agree that a referendum was the best way to settle the question after more than two decades of debate in the City of Roanoke. He stated that every citizen in the City of Roanoke should have the right to have their voice heard on this issue through referendum in November. He explained that the task force thoroughly explored many issues and heard from many speakers from around the Commonwealth of Virginia; and the task force considered a number of options and held 11 public meetings in various neighborhoods throughout the City, and received input from over 250 citizens. He advised that the one thing the task force did not have to work 234 with during the time prior to submittal of its report wes the knowledge that there wes more than one wey to draw an election district map that met the criteria and crsato five districts, and it came as a great surprise when it wes discovered that there is at least one other way to draw the district lines. He stated that based on that information, he calculated the numbers and discovered that there is a third way to draw the map while still meeting the criteria; however, he added that that is not the important issue this evening, nor will it be the important issue on November 4. He advised that if the citizens from any particular area in the City feel strongly enough and they want to have their voices heard regarding any change that still meets all of the requirements, they should make their wishes known before the plan is presented to the U. S. Department of Justice. He added that 11 meetings were held by the task force, the task force heard from over 250 people and when they asked the question, the overwhelming majority of the citizens said that the number of Council Members should remain at seven rather than nine, and citizens overwhelmingly expressed a preference for five districts with two members elected at large. He advised that the overwhelming majority of citizens also preferred that the two at-large seats should be the Mayor and the Vice-Mayor who would run specifically for those offices. He stated that while full disclosure is important, the Committee for Better Representation believes that the 5 - 2 plan is best because it does not increase the cost for salaries of City Council members and other expenses, it allows for creation of two majority/minority districts thereby avoiding possible United States Depa~'b,ent of Justice problems, and it allows direct election of the Vice-Mayor creating more of a mandato from the citizens for that office. Mr. Thomas W. Goodwin, 856 Marshall Avenue, S. W., advised that the modified district system is not a perfect solution, although the ward system unmodified would be better. He stated that the current one ward or the at large system shuts out the disadvantaged more so than a multi-ward system. He further stated that fear of the chaos of different perspectives, intorests or viewpoints on City Council should not frighten anyone; however, what should be frightening is an overly unified mindeet in City government that makes citizens think that everything is already a "done deal." He added that an open mind may be subject to inner and outer debate in chaos, but it is a requirement of democracy that the merits of all viewpoints and ideas should be given proper consideration and representation. He noted that government and other powers in society listen too much to the educated elite and not enough to people with more direct and personal connections to real problems. He stated that real life and personal experience give unique insight and in the future, he would hope that people resources will be more valued and utilized by government, and the modified election district systom locally should be a positive stop towards that end. 235 Ms. Estella H. McCedden, 2128 Mercer Avenue, N. W., stated that changes to the district maps have further segregated the City. She advised that regardless of race, maps should not be drawn to suit minorities, but should be drawn for the betterment of the total community. She stated that it would appear that government is trying to decide how she, as a citizen, should vote by establishing specific district lines. If the referendum is approved, she inquired es to which Council seats will be elected first, end will citizens be involved in the logistics of implementation. She statad that if the referendum is approved by the votore in November, a considerable amount of work will have to be done to insure proper implementation. She requested that when the work begins, Council members should be mindful of the citizens they serve and call for their involvement et the beginning of the process. Ms. Mary S. Allen, 1461 22nd Street, N. W., advised that meetings held by the task force provided a forum for wholesome community discussion on genuine concerns that could be addraesed through a modified election district plan. She stated that the modif, ed election district system offers the advantage of having representatives from each community with an obligation to be committed and accountable to the ward that he or she serves; and she has voted for individuals to serve on Council who were capable of looking at the total picture with interest and concern. She stated that it is impossible to serve the City without showing some concem and interest for et least 50 per cent or more of a specific neighborhood, and while no system will provide · utopia for any form of election district, it will give citizens a sense of having a slightly improved chance of achieving certain goals in their neighborhoods. She advised that the recommendation of the Modified Election District Task Force is commendable for the Roanoke Valley because of the way that the process evolved and because most neighborhood organizations recommended appointees and were urged to send representatives to the meetings regularly. She stated that with strong unity of purpose and provision for involvement in a Modified Ward Task Force recommendation, a majority of the citizens who took an active role in the process should be satisfied. As a citizen, she recommended endorsement of a 5 - 2 modified election district system, and advised that she is pleased to have an opportunity to vote on the issue on November 4. Mr. Charles J. Jordan, 214 Summers Circle, Boones Mill, Virginia, advised that Roanoke is a fine City with a good reputation which is the reason many people have chosen Roanoke and continue to choose Roanoke as their home. He stated that the five district map addresses geographically segregated variation in the population for the factors of race and to some degree economics, and is lees effective in addressing non-geographic variety including minorities of politics and age. He further statod that a system of proportional representation would be more effective 236 in providing diversity in repreeentation; however, if one wishes to keep a plurality based system, the five district map would be difficult to improve upon. He added that the wards appear to represent distinct parts of the City; however, the legend of the map states a percentage of African-American citizens which is misleading because the Census does not ask people their citizenship or visa status, therefore, the numbers of Americans cannot be assumed and, in fact, the voting age population is somewhat more European-American in ward one according to the 1990 Census figures which could end up with an equally divided electorate in that ward. He stated that the current proposal recommends election of the Mayor and three Council Members in the year 2000, and the Vice-Mayor and two Council members in the year 2002, and this schedule appears to be unconstitutional as initially providing ward representation for 60 per cent of the City and disenfranchises the other 40 per cent of the citizens for a period of two years. He stated that there is also a reason to change precinct boundaries, because there are wide differences in size between the voting precincts; Jefferson No. 2 Precinct combines parts of three distinct neighborhoods and that portion of Old Southwest which is in Jefferson No. 2 should be combined with Highland No. 2 Precinct in district two, and the portion south of the river should be combined with South Roanoke No. I Precinct in district 4 to cover neighborhoods undivided between wards. He pointed out that a six district map. is not as representative of the Ci.?'s geography as a five district map. He explained that the City would be more hkely to attract the most capable people for Council positions if any City resident could run in any district, otherwise, demographic variations can be a problem. He stated that at times, those areas with apa~b,,ents and starter housing may develop high proportions of children and immigrants who cannot hold office, or young parents and overtime workers who may not have the time to mn for office, and such districts might be better off expanding their pool of talent to allow residents of neighboring districts to run for Council seats, such as the United States Constitution allows for Congressional seats. Mr. H. Joel Kelley, 3038 Melrose Avenue, N. W., Apartment 402, advised that none of the .p. revi.o, us speakers expressed total satisfaction with the nrono~,~,~ modified election d,strict system: therefore, the question should be included ~n~i~ ballot in November and, if approved, details of implementation should receive further stu.dy..He stated that the district maps should be d!scarded, because northwest City unoer me prope~ed plan would be divided. He adv,sed that what is proposed is not a modified ward plan, but a total ward system. He stated that the question is not a race issue, although Roanoke is noted as being the most racially segregated City in the Commonwealth of Virginia. 237 Mr. Henry H. Creighesd, 1625 Orange Avenue, N. W., advised that he supports I a 5 - 2 modified election district system. Mr. James P. Armstrong, 619 Highland Avenue, S. W., advised that he lived in a city that had a ward system and he lived in a city that elected its City Council at large, but the one question that continues to surface relates to responsiveness and representetiveness of the people who are elected to City Council. He stated that he could not understand how a City Council would be more responsive when citizens vote for three Council members as opposed to voting for all seven members. He stated that in the past when voicing concerns to the members of Council, he has received informed responses which indicated that hie views wsrs taken into consideration, and he did not underetend how having four fewer people to address would provide more input into local affairs. He added that he previously lived in one of the most racially polarized cities in the Commonwealth; however, the African- American community in that city was successful in electing a Mayor who was a most effective spokespereon for the community, and they did so through political organization, informing the voters, and a technique of "one-~h,~ oting." He advised that he resided in another city which had a City Council that was elected on the basis of a ward system, and it appeared that major decisions were made not in any rational manner, but by cutting deals among Council members who communicated in pairs so that they did not violate the "Sunshine Law" and traded favors in order to accomplish what they felt was needed for their individual wards, and, as a result, upper income neighborhoods received water and sewer service years before Iow and moderate income neighborhoods. He stated that a modified election district system would raise the level of influence available to neighborhood associations, which may or may not be representative, because they would gain a great deal of access to the City Council member from their district and would also tend to concentrate decisionmaking because of the "deal cutting" that would go on under this system. He stated that the recommendation of the Modified Election District Task Force is not satisfactory, he is opposed to the modified election dis~ct system because it is not as effective as the current at4arge system, and expressed concem that a ward system in the City of Roanoke will have a deleterious effect on an already overly rambunctious political environment. Mr. Marvin N. Loughsed, 2905 Wycliffe Avenue, S. W., advised that the district system is a way to isoiste the citizens by working for only those.citizens in a specific district, and he agreed with a previous speaker that it will cause balkanization of government. He stated that he does not want to be labeled by the district where he lives which causes sections of the City to be categorized. He advised that Council 238 should not take the suggestion of the task force as being ideal, although the task force did the best it could with the knowi.e, dge it had and the. opinions it received. He stated that he is opposed to the modified election district systom and would prefer to see · greater membership on City Council. Mr. William L. Boys, 2719 Lofton Road, S. W., advised that he sewed as Vice- Chair of the Modified Election District Task Force. He expressed support for holding the referendum on the modified election district system; however, he stated that he could not support the system or any other configuration of a ward system. He advised that this is an issue that at long last must come to vote, but it is hoped that between now and November 4, the citizens will become sufficiently informed about the ramifications of the issue and vote against the district system. He stated that a district system could isolate Roanoke's neighborhoods into competing blocks and interests, and will make permanent the social and economic divisions already present in the City. He stated that while he agrees that Council Members and the City Administration should pay more attention to both the 'overall health of the neighborhoods and the specific .concerns voiced by residents of those neighborhoods, s district system mil not empower neighborhoods. Instead, he stated that voices will become diluted and focused only on one member of Council rather than on all seven, and the ability to influence a majority vote on Council will be less than at present. He explained that currently, voters are allowed seven votes for members of City Council, but under the proposed district system, they are entitled to only three votes, which translates into less citizen influence. Mr. William Ballentine, 332t Birchwood Slmeet, N. W., advised that the problem is not in determining whether there should be wards or an at large Council, but the problem involves the issue of empowerment, the disenfranchised, the disaffected and the apathetic citizen which is evidenced by the small number of persons in attendance at the public hearing this evening (approximately 65). He added that most cit]zens do not feel that they are a pert of the declsionmaking process because deals are cut before citizen input occurs, and the only reason for a ward system is to insure that at least one person will be held accountable to the wishes of a specific neighborhood. He stated that wards may be a solution, although they are not an ideal solution, and perhaps more than five or six wards should be considered because any person who can get 5,000 signatures on a petition to run for Council is someone who has a good constituency. He added that persons involved in an elect]on system should not be allowed any type of paid advertising, because there are inequities in the affluence of persons and those who are able to purchase the highest exposure will most likely get the most votes, whether or not they are the 239 most competent to represent their section of the City. He advised that there are I various types of altemativsa that could be explored rather than the one vote, up or down system, that is currently in place. He stated that citizens should look for people to serve on City Council who have the good of the people at heart rather than their own personal enrichment; the citizenry should consider voting for a ward position annually until such time as political opportunists can be weeded out and genuine public servants can be elected; and election campaigning should be on foot and personal and should be taken into the schools in the various neighborhoods so that citizens will be privy to open debates and question and answer forums. Ms. Jeri N. Rogers, 3734 Lake Drive, S. W., advised that the Modified Electrict District Tsak Force recommended a proposal after many months of study and advice by experts on the issue. She stated that the majority of the task force supported a $ - 2 system as the best way to go, and anything above that number would probably be defeated by the citizens of Roanoke. She further stated that many neighborhoods feel that they do not have a Council representative to whom they may voice their concerns. She added that overwhelmingly, the people in her neighborhood have said the issue should be taken to the voters in the form of a referendum and she applauded the Members of Council for their willingness to place the question on the November 4 ballot. She explained that with a district system, a person could run for office for a small amount of money and conduct a door-to-door campaign which would take democracy to the doorstep of each citizen. She advised that the United States Government is based on districts and she does not feel that she is being pitted against the States of California or Texas because she lives in the Commonwealth of Virginia. She explained that under the district system, citizens will feel that they are involved in government. Ms. Lisa W. Farthing, 4023 Lake Drive, S. W., advised that the most important question is that the voters want a referendum to decide the issue. She stated that those who do not favor the ward system use fear tactics such as isolation and balkanization of government. She further stated that with the present structure of Council, some areas receive more representation than others which is why those areas feel that they need representation. She spoke in support of better educating the public because most people do not understand the district system or the modified ward system. She stated that members of the task force worked well together, and they took concerns of the neighborhoods and tried to resolve those concerns to insure that neighborhoods were represented and citizens were heard. She advised that it is important for the voters to get to know their reprasentetive, and because she votes for one member of City Council does not mean that she cannot take her concerns to the entire City Council. She added that if she has a 240 concern that is City-wide, she would expect her Council representative to support not just her neighborhood, but to suppo~ what is best for Roanoke City as a whole. She stated that the United States is built on a district system, and referred to the successful ward system in the City of Lynchburg. She noted that it is time for the matter to go to referendum for a clear vote by the citizens of Roanoke. Mr. Robert D. Gravely, 1524 Hanover Avenue, N. W., advised that the purpose of a ward system is to elect people who will insure a good quality of life for the citizens of their district. He stated that the ward system is needed; however, there is a division within the neighborhoods with various groups working for the same purpose, but pulling against each other, and the groups must be brought together for the common good of the community. He noted that the inner city has been neglected because funds are being taken away from the inner city by government and businesses to construct large buildings at the expense of the taxpayers. Ms. Esther B. Cirasunder, 436 Arbutus Avenue, S. E., advised that under the modified election district plan, any Council member who is elected will be charged with not only representing the district in which he or she lives, but will be held accountable for making decisions that encompass the entire City. She stated that the modified election district system will insure, at the least, equal representation from each area of the City which is the basis upon which America was founded. She advised that she plans to support the modified election district plan at the referendum on November 4. Mr. Willie F. Bratcher, 4715 Autumn Lane, N. W., advised that the citizens are unhappy with the current at-large system of electing Council members, therefore, a change is needed. There being no further speakers, the Mayor declared the special meeting adjourned at 8:35 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 241 ROANOKE CITY COUNCIL July 29, 1997 2:00 p.m. SPECIAL MEETING The Council of the City of Roanoke held its second special meeting/workshop to discuss a report of the Modified Election District Task Force on Tuesday, July 29, 1997, at 2:00 p.m., in the Emergency Operations Center Conference Room, Room 159, Municipal Building South, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding. PRESENT: Council Members C. Nelson Harris, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers 6. ABSENT: Council Member John H. Parrott 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. OTHERS PRESENT: Kit B. Klear, Director, Utilities and Operations; Michael M. Gray, Transportation Planner, Fifth Planning District Commission; Matthew J. Miller, Manager of Info, i~;ation Services, Fifth Planning District Commission. ELECTIONS-COUNCIL: The Mayor reviewed the following issues to be resolved: Which three districts should be up for election in 2000 and which two districts in 2002? Alternatives: a. Numerical order: t, 2 and 3 in 2000; 4 and 5 in 2002 b. Odd-even: 1, 3 and 5 in 2000; 2 and 4 in 2002 c. Determine by lot d. Other method J How should the Vice-Mayor be elected for the time period of July t, 2000, through June 30, 2002? Alternatives: a. City Council elects Vice-Mayor from its membership b. The peraon electsd Vice-Mayor in May, 1998, serves a four year term 242 During the transition period, should an at4arge Council Member elected to a four year term in 1998 be permitted to retain his or her at large seat and run for a district seat in 2000? (This is not prohibited by the draft Charter amendment; before assuming the district seat the Council Member would be required to resign from the at large seat. Even if prohibited, an at large Council Member could always resign his or her seat and run for a district seat.) Should the Vice-Mayor or a Council Member, who has two years remaining on his or her term, be permitted to run for Mayor? (This would be permitted under the draft Charter amendment. A Council Member may currently run for Mayor at mid-term.) Is January 1, 2000, the appropriate effective date for the Charter amendment? Does the question to be placed on the ballot fairly state the question in plain English? 7. What district map should be adopted? 8. When will the matter be placed before the voters? When will the matter be _placed before the ¥o~era? Mr. White moved that the referendum on ~e modified election disl~ict system be held on Tuesday, November 4, 1997. The motion was seconded by Mr. Trout and adopted. What district mao should be ador~ted? Mr. Swain moved that the amended five district map be adopted. The motion was seconded by Mr. Trout. In clarification, the City Attomey referred to Tab No. 1 ' · "Ci ' . . . 2 in a notebook entitled, __~_i.t~. Cou.nc.d W.orkshop on Modified Election District Plan" d d,lu t~ tQQ? wn,cn conm,ns ~lemographics illustraflnn the nrima~, ,~---- - -- . o ,- .x ,--o,,,, u,,,L u,u cnan;le was mm]e. ue called attention to the four tm-,,, .... a....,_,. · ........ .- · ,- u~ ~,,uu, ,au wu. ;z, me nrer page snowin the total population in the five district ma,, raco .... -'-J ...... ' g · ~' ''''''U''UeU ny me/aSK Porce, with District 1 at 52.64 per cent African-American and District 2 at 52.14 per cent African- Ame. rican..H.e stated that figures were tabulated after the Task Force completed its wor~ regaraing voter age population since there is a difference between total 243 population and voter age population, and it was diacovered that District 2 dropped i from 52.14 per cent African-American to 49.79 per cent African-American, .wh. ich created concern inasmuch as the Department of Justice favors a majority of African- Americans in a district that is intended to be a minority district. Also, he ststed that one of the principles adopted by Council pursuant to Resolution No. 33496-071597 was that minority voting strength should not be diluted; therefore, Jefferson No. 2 Precinct was moved from Distzict t to District 4. He referred to page 3 of Tab No. t2 which shows that District 2 went up on total population to 58.43 per cent African- American, but even more importantly voter age population stayed as high es 55.99 per cent African-American which is a much more solid district, and the City will be lees likely challenged on diluting the minority voting strength by adopting the amended five district map. Mr. Dibling stated that other reasons for suggesting the amended map are that it promotes compactness and communities of interest because it is believed that Jefferson No. 2 Precinct would have a greater community of interest than District 4 and District 2. (See notebook on file in the City Clerk's Office.) The Mayor advised that the Task Force worked diligently to devise the original map and expressed concern with "tinkering" with the map after the Task Force spent approximately one year end 11 public hearings to come up with its recommendation. Secondly, he pointed out that under the proposed map, the total population horn all precincts is about even and the voter age population of the precincts, with one variation, is even; therefore, if the proposal adjustment is made to go by the amended five districts, the population of one district, meaning the inner-city district, drops by about 3,000 people. The City Attorney explained that it is conceivable when the plan goes through the preclesranca process of the Department of Justice, the Justice Depe, b~ent could suggest changes to the map. The motion to adopt the amended five district map was adopted by the following vote: AYES: Council Members Harris, Swain, Trout, White, Wyatt and Mayor Bowers 6. NAYS: None 0. (Council Member Parrott was absent.) 244 Does the aueetion to be placed on the ballot fairly state the auostion in DlaiF The City Attorney advised that it is a requirement of State law that the question to be placed on the ballot be stated in plain English, and the question will be subject to review by attorneys for the State Board of Elections and the Division of Legislative Services. He suggested that an effective date of January 1, 2000 be added to the ballot question. Mr. Trout moved that Council approve the following ballot question with the inclusion of "effective January 1, 2000." The motion was seconded by Mr. Swain. "Shall the Roanoke City Charter of 1952, as amended, be amended, effective January 1, 2000, to provide for a seven member City Council consisting of a Mayor and Vice-Mayor separately elected at large and five (5) Council Members who shall be elected from and be qualified voters in election dietricte established by Council with one Council Member from each district?" Vice-Mayor Wyatt expressed concem that it was her understanding that a candidate must live in the district from which he or she is elected and, as presently drafted, the ballot question is not clear. Following discussion, the City Attomey proposed the following language for the ballot question: "Shall the Roanoke City Charter of 1952, as amended, be amended, effective January 1, 2000, to provide for a seven member City Council consisting of a Mayor and Vice-Mayor separately elected at large and five (5) Council members who shall each be elected from and be a qualified voter in an election district established by Council with one Council member from each district?" Ms. Wyatt offered a subsidiary motion to amend the main motion as above set forth. The subsidiary motion was seconded by Mr. Swain. Upon question as to the appropriate heading on the ballot question, the City Attorney suggested, "Special Election - City of Roanoke Charter Amendment". He explained that the only legal method available for a referendum is through a procedure to amend the City Charter. Mr. White stated that if the heading is "City of Roanoke Charter Amendment", citizens will be confused, therefor, the heading 245 should be listed as a ward district, and there should be as much consistency as I' possible by using the same terminology between now and the time that the question appears on the ballot on November 4. The subsidiary motion was adopted. The main motion, as amended, was then adopted. Should the Vice.Mayor or a Council Member who has two years remainino on hi~ .hr her term. be Dermittsd to run for Mayor 9r Vice-Mayor? Mr. Trout moved that the Vice-Mayor or a Member of Council who has two years remaining on his or her term be permitted to run for Mayor or Vice-Mayor as currently provided. The motion was seconded by Mr. Swain and adopted. Durino_ the transition rmriod, should an atJame Council Member elected to a fcur year term in 1998 be _Dermittod to retain his or her at lam_e seat:and run for a district Mr. Harris moved that during the transition period, any at large Council Member elected to a four year term in 1998 shall be permitted to retain his or her at large seat and run for a district seat in 2000, except that he or she cannot hold both seats. The motion was seconded by Mr. Swain and adopted. There was discussion with regard to the Vice-Mayor not being permitted to succeed the Mayor in the event that the Mayor's seat is vacated. The City Attorney pointed out that under current City Charter provisions, the Vice-Mayor does not automatically succeed the Mayor; however, if Council is so inclined, it might be preforeble under the new plan to place the two positions on the same term of office which would provide that the Mayor and the Vice-Mayor would run at the same time so that they both would have the same amount of time left on their terms and, if necessary, the Vice-Mayor could move into the Mayor's position and the Vice- Mayor's position would then become vacant. Following discussion, it was noted that succession of the Mayor's position may not be something that should be addressed in the modified election district vote, but could be handled separately from that issue at a later date. The City Attorney clarified that the question is not a matter for referendum and any change could be addressed through a regular City Charter amendment procedure; whereupon, it was the consensus of the majority of Council to leave the matter in the status quo. 246 How should the Vice-Mayor be elected for the time beriod of July 1. 2000. through Mr. Harris moved that the person elected as Vice-Mayor in May 1998 shall serve for a four year term. The motion was seconded by Ms. Wyatt and adopted. Which three districts should be UD for election in 2000 and which two districf~ in The Mayor advised that according to the City Attorney, there may be certain Constitutional issues that nccd to be reviewed, and suggested that the question be deferred until the August 18, 1997 meeting of Council, at which time the City Attorney will provide Council with a resolution which will set forth the proposed City Charter amendment language, set forth the ballot question, ordain the approved district map, and authorize the City Attorney to take all actions necessary to implement a November 4, 1997 referendum. Without objectf~n by Council, the Mayor advised that the question would be referred back to the City Attorney for report to Council at its regular meeting on Monday, August 18, 1997. It was agreed that if necessary, the time period between 12:15 and 2:00 p.m., on Monday, August 18, could be used as a work session, or another workshop could be held on August 12 as tentatively scheduled. There being no further business, the special meeting/workshop was adjourned at 3:45 p.m. APPROVED ATTEST: ary F. ~arker City Clerk David A. Bo~/ers Mayor 247 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL August 4, 1997 12:15 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, August 4, 1997, at 12:15 p.m., the regular meeting hour, with Vice-Mayor Linda F. Wyatt presiding, pursuant to Rule 1, ~ of Section 2-t5, Rules of Procedure. Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William White, Sr., C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout and Vice-Mayor Lind=, F. Wyatt 6. ABSENT: Mayor David A. Bowers 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. BUDGET-LEGISLATION-HUMAN DEVELOPMENT: Glenn D. Radcliffe, Director, Human Development, called upon staff of the Human Services Directorate for a briefing on Welfare Reform which will be effective on October 1, 1997. Ruth Z. Hendrick, Supervisor, Employment Services, presented information with regard to Welfare Refo,,, and proposed changes at the Federal level. She explained that Welfare Reform raquiras that recipients who are able to work may draw welfare checks for two years, after which they must either have a job or be placed in a community service job where they work for benefits. She reviewed certain changes impacting the food stamp program. Ms. Hendrick reviewed the Virginia Independence Program (VIP) which became effective stetewide on July 1, 1995; and Virginia's Initiative for Employment Not Welfare (VIEW), the work component which began the phase in on July 1, 1995, and will become statewide on October 1, 1997. She also reviewed requirements of VIEW job seekers, and elements of the Virginia Independence Program, as follows: *Overall, throughout the state, 70 per cent of individuals who enter the welfare system and sign personal responsibility agreements are employed within 90 days of commencement of the program. 248 *There is a 65 par cent retention rate for at least 90 days in employment. *Statewide, 75 par cent of the individuals who are sanctioned remain in sanction status (for example: they are sanctioned and have their benefits removed for not participating as expacted in the Employment Services Program and upon expiration of the three to six month sanction pariod, they do not reapply for benefits). *There is approximately a 25 - 30 par cent increase in TANF cases statewide. Ms. Hendrick advised that the following procedure when applicants apply for welfare after October 1: (1) The case will be approved, if eligible. (2) (3) Participants will be placed in a two week job readiness program which will be contracted to an outside agency to provide instructions on how to look for a job, how to complete an employment application, how to prepare a r~sum6, participation in mock-up interviews, employers will brief participants on what they looking for in employees, job follow-ups and job sesmh. Participants will be involved in a four week job search requiring them to look for at least ten full-time jobs par week in their area of interest. (4) Participants will receive ongoing assistance from a case manager to assist in making appropriate referrals and to assist the individual in overcoming barriers to make the participant more employable. (s) If a participant has not found private sector employment within 90 days after beginning the VIEW Program, they will be placed in a work exparienca program where they will be required to work in a private, non-profit or business setting in exchange for their benefits. *! 249 (6) Following employment, the Human Services Department will continue to work with participants to insure a retention rate increase and to insure that per~cipents ~11 continua to taka advantage of education and training opportunities so that when the transitional benefit period of welfare ends, they will be self- sufficient. Ms. Hendrick advised that in order to make the program work, Welfare Reform must be market~l to the entire community to gain tho support of not only employers to understand who will be knocking on their doors, but the help of churches and community agencies to develop necessary programming and available services so that pe~cipenta can overcome the barriers to employment. She called attention to the need for additional staff positions, a larger work area, and contracting approval for class activities. Connie W. Carter, Human Services Budget Coordinator, discussed costa involved in the VIEW Program, as well as day care services, which are vital components to the success of Welfare Reform. In the area of Employment Services, she advised that the City has a total of $1.3 million for fiscal year 1998, and emphasized that the $1.3 million is one hundred per cent reimbursable, with no local dollars involved. She stated that an additional appropriation will be needed in Employment Services of approximately $520,000.00, which is t00 per cent reimbursable, and an additional appropriation in Day Care of $411,000.00, which requires a ten per cent local match. Following discussion and questions by the Members of Council, without objection by Council, the Vice-Mayor advised that the briefing would be received and filed. At 1:40 p.m., the Vice-Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, August 4, 1997, 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, Vice-Mayor Wyatt presiding. PRESENT: Council Members William White, Sr., C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout and Vice-Mayor Linde F. Wyatt $. ABSENT: Mayor David A. Bowers 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilbum 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 Allegianca to the Flag of the United States of America was led by Council Member Carroll E. Swain. CITY MANAGER-CITY EMPLOYEES: The City Manager intnxluced Angelita Y. Plemmer, Public Information Officer, who assumed the position effective August 4, 1997. The Vice-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. LIBRARIES-OATHS OF OFFICE-COMMII-I'EES: A report of qualification of Michael L. Ramsey as a member of the Roanoke Public Library Board for a term ending June 30, 2000, was before Council. (See Oath or Aff;~mation of Office on file in the City Clerk's Office.) ACTION: Mr. White moved that the report of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Whita, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt 6. NAYS: None. (Mayor Bowers was absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: 251 ACTION: FIRE DEPARTMENT-CITY EMPLOYEES-PENSIONS: Richard B. Sarver, representing the Roanoke Firs Fighters Association, addressed Council with regard to improvements to the City of Roanoke Employees Retirement System, viz: (1) Incrssse the multiplier rate from the pre~ent 2 per cent to 2.3 per cent for all City employees over the next three years, with a maximum of 70 per cent of final average salary; (2) Change spousal options: unreduced 50 per cent survivor annuity to all City employees; and (3) Reduction of normal rstirsment to 25 years of service for public safety employees and 30 years for general employees regardleee of age with no penalty. (See statement off file in the City Clerk'a Office.) Mr. Trout moved that the matter be rsferred to the City of Roanoke Pension Plan Board of Trustees for study, rsport and recommendation to Council no later than Monday, November 3, 1997. The motion was seconded by Mr. Parrott and adopted. PETITIONS AND COMMUNICATIONS: HUMAN DEVELOPMENT-COUNCIL-CITY GOVERNMENT-VISION STATEMENT-SCHOOLS-ECONOMIC DEVELOPMENT: A communication from Vice-Mayor Linda F. Wyatt and Council Member William White, Sr., advising that City staff briefed Council on the status of the visioning process on Monday, July 21, 1997; as part of the briefing, staff pointed out that two amendments wers suggested to the draft vision statement adopted by Council on August 19, t996, which amendments wers suggested by the Cultural Services Committee and ars highlighted (undeHined) on the amended vision statement; and recommending adoption of the Vision Statoment, as amended, was before body. (For full text, see communication and amended Vision Statement on file in the City Clerk's Office.) 252 ACTION: Mr. INhite offered the following resolution: (*~335174)80497) A RESOLUTION adopting the Roanoke City Council Vision Statement. (For full text of Resolution, see Resolution Book No. 60, page 86.) Mr. INhite moved the adoption of Resolution No. 33517-080497. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members INhite, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt .... NAYS: Non.- (Mayor Bowers was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: HUMAN DEVELOPMENT-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that, historically, the Roanoke Redevelopment and Housing Authority has administered a variety of HOME programs fur the City, including housing rehabilitation and homebuyer assistence; Council authorized the Housing Authority's 1997-98 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 12, 1997, pursuant to Resolution No. 33402-051297; Council accepted 1997- 98 HOME funds on June t6, 1997, pending receipt of the approval letter from HUD, pursuant to Ordinance No. 33431-061697 and Resolution No. 33432-061697; and HUD approved the Annual Update by letter dated July 1, 1997. It was further advised that a totel $867,433.00 in HOME funds has been budgeted for the Roanoke Redevelopment and Housing Authority's 1997-98 HOME Agreement; $439,256.00 in HOME funds ars 253 ACTION: budgeted for the Housing AuthoHty'e 1997-98 project costs; $36,401.00 in HOME funds era budgeted for the Housing Authority'a 1997-98 administrative costs ralsting to the HOME-funded activities; $391,776.00 in carry-over funds from lest year's agreement will be included in the 1997-98 Housing Authority agreement to complete rahabilitstion and homebuyer projects which were in progmes on June 30, 1997, the end of the prior program year; an additional $235,220.00 in Community Development Block Grant (CDBG) funds for staff and other support costs diractiy attributable to delivering the HOME activities ia being budgeted under a separate CDBG agresment with the Housing Authority to be authorized by Council; HOME funds must be matched at · rate of 12.5 per cent, which does not apply to "administrative" funds or to Grant Year 1992 funds; and the match requirement for the Housing Authority contract will be $t03,559.00. The City Manager recommended that he and the City Clerk be authorized to execute and attest, respectively, the 1997-98 HOME Agreement with the Roanoke Redevelopment end Housing Authority and amendments thereto, if necessary, to be approved as to form by the City Attorney, 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.) Mr. Trout offered the following resolution: (~335184)80497) A RESOLUTION authorizing the appropriate City officials to enter into the 1997-98 HOME Investment Partnership (HOME) Program 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. 60, page 87.) Mr. Trout moved the adoption of Resolution No. 335184)80497. The motion was seconded by Mr. Swain and adopted by the following vote: 254 ACTION: AYES: Council Membem White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt. 6. ~[. NAYS: None 0. ~' (Mayor Bowers was absent.) BUDGET-PARKS AND RECREATION-NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY.COMMUNiTY PLANNING- GRANTS: Having voted with the majority of Co.u. ncil on Monday, July 21, 1997, to defeat a bud.get ordinance w~th regard to ~e Gainsboro Professional Park Project - Clean Sites Grant, Mr. Swam moved that the matter be reconsidered by Council. The motion was seconded by Mr. Parrott and unanimously adopted. A communication from the City Manager advisine that nn .I.Iv ? 1997, Council considered a retort rscom~-,--.~;-- -'----:-- .... ,._, · r- '"'"'""'t~ d~;uplance OT a $t00,000.00 matching grant from the Virginia Department .f Hi~.~in. and Community Development that was intended t~bs us ......... u ed to renovate a structure which was relocated to t24 Wells Avenue, N. W., for small business use, was before the body· The City Manager recommended that he be authorized tn :,r_~,,~, '~11 the $100,000.00 matching grant through the Clean Sites P~l~a~l~'n~ : appropriate $100,000.00, with a corresponding revenue estimate, in accounts to be established by the Director of Finance in the Grant Fund. (See reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (fj33519-080497) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 88.) Mr.. Swain moved the adoption of Ordinance No. 33519-080497. The motion was seconded by Mr. Trout and adopted by the following vote: 255 AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt 6. NAYS: Non: ACTION: (Mayor Bowers was absent.) Mr. Harris offered the following resolution: (#335204)80497) A RESOLUTION authorizing acceptance of a matching grant through the Clean Sites Program from the Virginia Department of Housing and Community Development, for the purpose of supporting the Gainsboro Professional Park Project, 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. 60, page 89.) Mr. Harris moved the adoption of Resolution No. 335204)80497. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt 6. NAYS: None 0. (Mayor Bowers wes absent.) HUMAN DEVELOPMENT-HOUSING/AUTHORITY-COMMUNITY PLANNING-GRANTS-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that the Roanoke Redevelopment and Housing Authority, historically, has administered certain portions of the Community Development Block Grant (CDBG) and HOME Investment Pa,~,,ershipa Program (HOME) activities for the City, including housing rehabilitation and economic development activities; Council authorized the Housing Authority's 1997-98 CDBG activities and funding as part of the Annual Update to the Consolidated Plan (Annual Update) approved for submission to the U. S. Depa,~,,ent of Housing and Urban Development (HUD) for fiscal year 1997-98, pursuant to Resolution No. 33402-051297, adopted on May 12, 1997; 256 ACTION: Council accepted the 1997-98 CDBG Entitlement on June 16, 1997, pending receipt of the approv.a.I letter from HUD, pursuant to Ordinance No. 33433-061697 and Resolution No. 33434-061697, adopted on June 16, 1997; and HUD. approved the Annual Update pursuant to cotmspondanca recawad by the City on July 3, 1997. It was further advised that $323,402.00 in Community Development Block Grant funds are budgeted for the Roanoke Redevelopment and Housing Authority's services in fiscal year 1997-98 for administration and program support of 14 HOME and CDBG-funded programs; projects to be administered by the Housing Authority and covered by the agresment total $656,182.00 in CDBG funds; and CDBG project support costa will also provide for the delivery of $83t,032.00 in HOME projects as discussed in the previous report of the City Manager, for a total of $t,487,214.00 in project costs. The City Manager recommended that he and the City Clerk be authorized to execute and attest, respectively, the t997-98 Community Development Block Grant Agreement with the Roanoke Redevelopment and Housing Authority and amendments thereto, if necessary, to be approved aa to form by the City Attorney, 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.) I Mr. Parrott offered the following resolution: (t/33521-080497) A RESOLUTION authorizing 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 1997-1998. (For full text of Resolution, see Resolution Book No. 60, page 89.) Mr. Parrot/moved the adoption of Resolution No. 33521-080497. The motion was seconded by Mr. Swain and adopted by the following vote: 257 AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt , 6. NAYS: None 0. (Mayor Bowers was abeent.) BUDGET-TRAFFIC-STATE HIGHWAYS-CMERP-YOUTH- JUVENILE CORRECTIONAL FACILITIES-EQUIPMENT: The City Manager submitted a written report advising that Council appropriated funds, in the amount of $478,498.00, for administration and operation of Youth Haven I - Post Dispoaitional Group Home with adoption of the fiscal year 1996-97 General Fund budget; the City of Roanoke receives revenue from the U. S. Depa,b~ent of Agriculture (USDA) for food service expenditures at the Juvenile Detention Home, Youth Haven, and Crisis Intervention Center; Council appropriated $10,000.00 from the Capital Maintenance and Equipment Replacement Program (CMERP) for the City's share of a beautification project on the 1-58t Southwest Expressway on December 16, 1996; one partial payment was made as of June 30, 1997, in the amount of $1,341.00; and Council appropriated funds in the amount of $37,000.00 from the Capital Maintenance and Equipment Replacement Program for Traffic Engineering mini-projecte such as replacement and/or relocation of traffic signals, controller units, and traffic studies by consultants. It was further advised that funds in the amount of $53,800.00 for Youth Haven ara unobligatad for fiscal year 1996-97; funds in the amount of $20,650.00 of total unobligated funds are the result of Virginia Juvenile Community Crime Control Act (VJCCCA) revenue received in fiscal year 1996-97 for anticipated expenditure in fiscal year 1997-98, the second year of the State budget biennium, which funding has been approved as a part of the fiscal year 1997-98 VJCCCA program plan approved by the Department of Juvenile Justice; unobligated funds, in the amount of $20,650.00, are required in fiscal year 1997-98 for operation of Youth Haven; U. S. Depafb~ent of Agriculture revenue exceeded expenditures by $11,362.00 for fiscal year 1996-97, which needs to be re-appropriated to fiscal year 1997-98; funds in the amount of $8,659.00 for the beautification project on 1-581 Southwest Expressway are unobligatad for fiscal year 1996-97, which funds need to be re-appropriated to fiscal year 1997-98 to provide for completion of the project; and funds in the amount of $37,000.00 for 258 Traffic Engineering mini-projects and traffic studies ara unobligatsd for fiscal year 1996-97, which fu .n. ds need ~..be re-appropriated .to fiscal ! year 1997-98 to provide funding for antic,patod Traffic Englneenng mini-projects and traffic studies. The City Manager recommended that Council concur in the following actions: Appropriate funds in the amount of $77,671.00 from year- end fund balance to the following accounts: 001-052-t280-2010, Director of Public Works, Fees for Professional Services o $ 8,659.00; 001-052-4160.3005, Traffic Engineering - Project Supplies - $2,000.00; 001-052-3320-3000, USDA Expenditures $5,343.00; 001-054-3350-2060, Youth Haven - Food - $20,650.00; 001-054.3350-3000, USDA Expenditures $1,602.00; 001-054-3360-3000, USDA Expenditoroe $4,417.00; and 00t-004-9310-9508, Transfer to Capital Projects Fund - $35,000.00. Transfer funds in the amount of $35,000.00 from General Fund Transfer to Capital Account No. 001-004-9310-9508 to the Capital Projects Fund Traffic Signals - General - Appropriation from General Revenue Account No. 008- 052-9560-9003. (For full text, see report on file in the City Clerk's Office.) 259 Mr. White offered the following emergency budget ordinance: (#33522-080497) AN ORDINANCE to emend and reordain certain sections of the 1997-98 General end Cepitel Projects Fund Appropriations, end providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 90.) ACTION: Mr. White moved the adoption of Ordinance No. 33522-080497. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Harris, Perrott, Swain, Trout and Vice-Mayor Wyatt 6. NAYS: None 0. (Mayor Bowers was ebeent.) BUDGET-SEWERS AND STORM DRAINS-BONDS/BOND ISSUES- CONSULTANTS REPORTS: The City Manager submitted a wri~en report edvising that the Roanoke River Interceptor Sewer Replacement Project was pert of the renovation and expension of joint use sewer facilities considered by Council at its meeting on December 13, 1993; funding in the emount of $15.7 million was approved by Council on December 13, 1993, to support the City's shere of the $41.5 million project, which funding is from the proceeds of a general obligation bond issue; the Roanoke River Interceptor Sewer Replecement Project replaces the existing interceptor sewer from the Water Pollution Control Plent to the Selem City limits; and the following issues here impacted the schedule of the consultant and the scope of services: Additional Pro_iect Lenuth: The initiel agreement anticipated 45,408 feet of replacement; the final length is 5t ,870 feet, or an increase of 14.2 per cent, at an increased cost of $43,870.00. Contract Time: The initial agreement anticipated a start of work in July 1994; the actual start was deleyed until December t994; construction services were estimated to 260 begin in June 1995 and will not start until September 1997; and the consultant has requested additional compensation cost in the amount of $39,655.00 to offset increased salary costs. Redesi_on and Rebiddino of Contracts A and B: After reviewing bids, all were rejected for Contracts A and B and the project was redesigned, in part, in an effort to reduce costs, at an additional cost of $46,413.00. Additional Desio_ n Tasks: The consultant wes requested to perform several design studies at the Hannah Court Trailer Park to reduce construction impacts and to modify the proposed sewer alignment at the plant head works, at an additional cost of $10,942.00. Contract Summary: Initial Agreement Amendment No. 1 Proposed Amendment No. 2 Total $1,595,000.00 73,235.00 140.880.00 $1,809,115.00 Total amendments to date, including Amendment No. 2, are equivalent to 13.4 per cent of the initial agreement value. The City Manager recommended that Council concur in the following actions: Authorize the City Manager to execute Contract Amendment No. 2, in a form to be approved by the City Attorney, with Black & Ysatch, in the amount of $140,880.00 and zero additional calendar days of contract time. Transfer $51,703.00 from STP Expansion Bonds t994, Account No. 0034)56-8465, to Roanoke River Interceptor Sewer Account No. 0034)56-8469, for the City's share of the contract amendment; and 261 ACTION: ACTION: Appropriate $89,177.00 to be funded by other jurisdictions and increase the receivable accounts previously established. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (~33523-080497) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 92.) Mr. Swain moved the adoption of Ordinance No. 33523-080497. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor W~att 6. NAYS: None (Mayor Bowers was absent.) Mr. Harris offered the following resolution: (~33524-080497) A RESOLUTION authorizing execution of an amendment to the City's contract with Black & Veetch, for additional engineering services in connection with the Roanoke River Interceptor Sewer Replacement Project. (For full text of Resolution, see Resolution Book No. 60, page 93.) Mr. Harris moved the adoption of Resolution No. 33524-080497. The motion was seconded by Mr. Swain and adopted by the following vote: 262 AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt.. 6. ! NAYS: None 0. (Mayor Bowers was absent.) SEWERS AND STORM DRAINS-WATER RESOURCES: 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; the term of the contract was from September 1994 through September 1995, with the option to renew for four additional one-year periods; the current contract pdca is $87.54 per dry ton for a minimum of 7,000 dry tons (and a maximum of 1t,000 dry tons) for the one-year contract; 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 fourth-year contract with Wheelabrator Clean Water Systems, Inc., would be a unit price of $89.54 per dry ton, with a minimum of 7,000 dry tons, or $626,780.00, and a maximum of 11,000 dry tons, or $984,940.00; and the base contract 7,000 dry tons, with additional tonnage being approved would for the 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 fourth year to remove, transport, and dispose of sludge at the rate of $89.54 per dry ton, not to exceed 11,000 dry tons, for an amount not to exceed $954,940.00, for a one-year contract, with funding in Account No. 003-056-3150-2010. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (~t33525-080497) A RESOLUTION authorizing execution of an amendment extending for an additional te,,,, of one year a contract with Wheelabrator Clean Water Systems, Inc., for removing, transporting and disposing of digested lagooned sludge from the City's Water Pollution Control Plant; and providing for an emergency. (For full text of Resolution, see Resolution Book No. 60, page 94.) 263 ACTION: Mr. Swain moved the adoption of Resolution No. 33525-080497. The motion was seconded by Mr. Parrott and adopted by the following vote: Vice-Mayor Wyatt NAYS: Non: (Mayor Bowers wes absent.) AYES: Council Membsrs Whit,, Harris, Parrott, Swain, Trout and C. W'~th regard to future reports, Council Member Swain requested that the City Manager provide addresses of successful bidders/ contractors. VALLEY VIEW MALL-TRAFFIC-STATE HIGHWAYS-GREENWAY SYSTEM-STREETS AND ALLEYS: The City Manager submitted a written report advising that 1-581 Interchange improvements were endomed by Council on March t8, 1996; the Virginia Department of Transportation (VDOT) has adopted a Six-Year Improvement Program for fiscal years t996-97 through 2001-02 for interstate highways, which includes an improvement project in the City known as 1-581 Interchange at Valley View Boulevard - Phase I; the Federal Highway Administration notified the City on August 23, 1996, of its approval of the new interchange access; and on December 16, 1996, Council approved an agreement with Mattem & Craig, Inc., for design of the interchange and an agreement with VDOT for construction bidding and administration. It was fu,G,er advised that the 1-581Nalley View Boulevard Bridge has been identified in the Roanoke Valley Grsenway Plan and in the draft Bikeway Plan for the Roanoke Valley as a bicycle/pedestrian corridor connecting neighborhoods, the Valley View area, and downtown; construction plans and specifications are being developed to include pedestrian and bicycle accommodations through the interchange; bid documents will identify the spe=ific costs related to such features on the bridge and to connect between Valley View Boulevard Extended and a future greenway along Lick Run; Council will be in a position to include or exclude the pedestrian/bicycle accommodations when awarding the contract for the bridge; the Virginia Depe,~,,ent of Transportation and the Federal Highway Administration agree that a bicycle/pedestrian facility could be accommodated in the interchange; the City must provide VDOT with a 264 ACTION: formal request for a break in the limited access line on the west side of 1-581 for the bicycle/pedestrian facility; V.D~.T indicated that this is needed now in the event that a favorable vote ,s received from Council to fund and construct the bicycle/pedestrian facility on the bridge; and VDOT will then proceed to secure approval from the Commonwealth Transportation Board and the Federal Highway Administration. The City Manager recommended that Council adopt a resolution requesting a break in the limited access line on the west side of 1-581 to allow pedestrian and bicycle access at the 1-581/Valley View Boulevard Interchange Bridge, which action does not commit the City to proceed with implementing a bicycle/pedestrian facility on the proposed 1-581Nalley View overpass until bids have been awarded for the interchange. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following rasolution: (#33526-080497) A RESOLUTION endorsing and requesting a break in the limited access line on the west side of 1-581 to allow pedestrian and bicycle access at the 1-58t Valley View Boulevard interchange bridge. I (For full text of Resolution, see Resolution Book No. 60, page 95.) Mr. Trout moved the adoption of Resolution No. 33526-080497. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt 6. NAYS: None -0. (Mayor Bowers was absent.) SEWERS AND STORM DRAINS-EQUIPMENT: The City Manager submitted a written report advising that Crowder Construction Co., Charlotte, North Carolina, is the contractor for the Tinker Creek Interceptor Sewer Connection - Water Pollution Control Plant; the construction contract, awarded by Council at its meeting on April 21, 1997, totals $1,865,800.00, with a specified time of 180 consecutive 265 ACTION: calendar days to complete the work; the project consists of installation of a 54-inch reinforced concrete pipe from the siphon box of the Tinker Creek trunk line river crossing to a junction box to bo constructed at the headworks of the Water Pollution Control Plant; savings for the project in the amount of $245,750.00 were recognized; once work had started and existing pipe was uncovered at critical points, certain additional work was quoted in the amount of $129,287.50; and total amount of Change Order No. I is a credit of $t15,923.00 and an additional time of 30 consecutive calendar days to complete the work, which completion date would then bo December 22, 1997. The City Manager recommended that he be authorized to issue Change Order No. I to the contract with Crowder Construction Co., in the amount of a credit of $115,923.00, and an additional construction time of 30 consecutive calendar days to complete the work, for a total contract amount of $1,749,877.00 and a completion date of December 22, 1997. (For full text, ssa report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (f~33527-080497) AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 1 to the City's contract with Crowder Construction Co., in connection with the Tinker Creek Interceptor Sewer Replacement project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 96.) Mr. Harris moved the adoption of Ordinance No. 33527-080497. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt 6. NAYS: None 0. (Mayor Bowers was absent.) 266 NEIGHBORHOOD ORGANIZATIONS~ITY PROPERTY- EMERGENCY SER.V. ICES-FLOOD REDUCTION/CONTROL-WATER Ii RESOURCES: The C,ty Manager submitted a written report advising that pursuant to Ordinance No. 33265-020397, adopted on February 3, 1997, Council approved the Garden City Property/Relocation Program Acquisition Policy which provided guidelines for the purchase of houses under the Federal Emergency Management Agency's (FEMA) grant program; and the approved Acquisition Policy did not specifically address the moving or selling of houses by the property owners prior to sale to the City, nor did the Policy address the sale of houses after they had been purchased by the City. It was further advised that the City has currently purchased ten houses under the Garden City PropertylRelocatlon Program and none of the owners, to date, have desired to move their houses; the City has been approached to sell several houses that have been purchased by the City, which would require amending the Acquisition Policy and the Purchase Agreement to allow the City to offer the houses for sale to be moved by others; and member~ of the Garden City Resident Task Force have indicated their support of the City to allow for relocation of the houses which are included the Program. The City Manager recommended that Council amend the Garden City Property/Relocation Program Acquisition Policy to allow owners to move their houses or to sell the houses to an individual who will move the structures prior to the City's purchase, to allow the sale of City-purchased houses to others so that the structures can be moved, and to permit the City Manager to place certain time and other reasonable restrictions on the procedures, including the approval of surrounding property owners where the houses ars to be moved; and funds received from the sale of these houses will be recorded as revenue and appropriated to the Garden City Property/Relocation Program Account No. 008-052-9696. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#33528-080497) AN ORDINAN.CE amend!ng the Garden City Property/Relocation Program - Acqu,sition Pol,cy to allow for the moving of houses prior to the City's purchase under the Acquisition Policy and to allow the City to offer for sale houses the City has 267 ACTION: purchased under the Acquisition Policy, subject to certain terms and conditions; permitting the City Manager to amend the Acquisition Policy to provide for the above matters and to place certain time and other reasonable restrictions on these procedures; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 97.) Mr. Harris moved the adoption of Ordinance No. 33528-080497. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt ,t~ 6. NAYS: None 0. (Mayor Bowers was absent.) BUDGET-FIRE DEPARTMENT-EQUIPMENT: The City Manager submitted a written report advising that the Firs Program Fund was established by the General Assembly, effective October 4, 1985, pursuant to Section 38.1-44.1, Code of Virginia (1950), as amended; and the sunset clause requiring expiration of the Fund on July 1, 1990, has now been removed, thus, the City's annual allocation of Stets funds will continue indefinitely; and funds may be used for the following purposes: fire service training, regional fire service training facilities, firefighting equipment/apparatus, and ' ~ personal protective clothing. It was further advised that Roanoke City's allocation of $118,927.00 was electronically transferred to the City Treasurer's Office on July 10, 1997; 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 Grant Fund, in order to purchase the following equipment and supplies in accordance with provisions of the program: 268 fire suppression equipment - $12,250.00 training and development - $81,000.00 recruitment and development - $7,500.00 personal protective clothing - $t8,177.00 The City Manager recommended that Council authorize acceptance of the grant award; and appropriate $118,927.00, 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.) ACTION: Mr. White offered the following emergency budget ordinance: (~33529-080497) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 98.) Mr. White moved the adoption of Ordinance No. 33529-080497. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt 6. NAYS: None 0. (Mayor Bowers was absent.) Mr. White offered the following resolution: (#33530-080497) A RESOLUTION accepting a certain Fire Program Fund Grant from the Commonwealth of Virginia's Depa,~,,ent of Fire Programs and authorizing execution of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 60, page 99.) 269 ACTION: Mr. White moved the adoption of Resolution No. 335304)80497. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt 6. NAYS: Nono O. (Mayor Bowars was absent.) FIRE DEPARTMENT-HUMAN DEVELOPMENT-EMERGENCY MEDICAL SERVICES: The City Manager submitted a written report advising that the Medicaid ambulance reimbursement rate structure has not increased since 1981, thus, the cost of providing ambulance services to Medicaid patiento exceeds allowable reimbursement rates; several ambulance providers brought litigation against the Commonwealth of Virginia to increase the Medicaid reimbursement rates; mediation resulted in an increase of Medicaid reimbursement rates by the establishment of two interim rate increases; and the first rate increase was effective on July 1, 1997, and the second rate increase will be effective on January 1, 1998. It was further advised that to qualify for reimbursement of the higher rate, ambulance providers must sign a Provider Consent Form which states that the provider agrees to accept the new Medicaid rates and be bound by the terms of the proposed Settlement Agreement; under the Agreement, all providers ars precluded from bringing a separate suit to contest the adequacy of the past rata structure and providers also agree to accept the new rata until June 30, t998, unless a higher rata is approved for Medicaid transport; the Provider Consent Form was received in late June and was time sensitive; in order to qualify for the increased reimbursement schedule, the form had to be signed and returned to the Commonwealth of Virginia, therefor, the Provider Consent Form was signed by the Assistant City Manager, subject to ratification by City Council; and the Commonwealth will initiata a study of the Medicaid rata structure and the City will provide information to assist in the study. 270 ACTION: The City Manager recommended that Council accept the mediated Medicaid reimbursement rate settlement; and that he be authorized to execute the Provider Consent Form. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (f/33531-080497) A RESOLUTION accepting an interim Medicaid reimbursement rate settlement and authorizing the proper City officials to execute the Provider Consent Form signifying the City's agreement to such settlement. (For full text of Resolution, see Resolution Book No. 60, page 100.) Mr. Swain moved the adoption of Resolution No. 33531-080497. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Whi~, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt 6. NAYS: None 0. (Mayor Bowers was absent.) BUDGET-HUMAN DEVELOPMENT-CITY EMPLOYEES: The City Manager submitted a written report advising that Virginia Initiative for Employment Not Welfare (VIEW) began a four-yser phase-in implementation in July 1995 as part of the Governor's landmark Welfare Reform Program for Virginia; the Govemor accelerated implementation of VIEW in December 1996 due to the success of the program; the City of Roanoke will begin implementation of VIEW in October 1997; the VIEW Program is focused on employment, with the expectation that those who can work will work; welfare recipients must be given the opportunity to move toward self-sufficiency and away from public assistance; day care services will also increase as part of Welfare Reform; and Social Services must provide these services as part of the transitional benefits that welfare recipients will need in their move toward self-sufficiency. 271 It was further advised that the number of welfare recipients mandated to participate in Virginia Initiative for Employment Not Welfare ia expected to increase to approximately 800 recipients; currently, Employment Services sees approximately 200 recipients; current Employment Services Program staffing is inadequate to handle the increase in the number of recipients and staff, and office space is currently located in the City annex building on Campbell Avenue; Stets/Federal allocations for Employment Services and Day Care Programs for fiscal year 1997-98 exceed the current budgeted amounts; Employment Services allocation exceeds amount budgeted in cost center 001-954-5316 by $520,453.00 and Day Care allocation exceeds amount budgetsd in cost center 001-054-5314 by $4tl,206.00; and t~e Day Care Program requires a ten par cent local match in the amount of $41,121.00. The City Manager recommended that Council approve seven additional positions for Employment Services, apl~ropriats $520,453.00 to Employment Services cost center 00t-054-5316, appropriate $370,085.00 to Day Care Services cost center 001-054-53t4-3159, transfer $41,121.00 for local match from Health Department-Other Rentel cost center 001-054-5110-3075 to Day Care Services cost centsr 001-054-5314-3159, increase the General Fund revenue estimate in Account No. 0014)20-1234-0681, Employment Services, by $520,453.00, and increase the General Fund revenue estimate in Account No. 001- 020-1234-0686, Day Care, by $370,085.00. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (~33532-080497) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. (For full t, xt of Ordinance, see Ordinance Book ltlo. 60, page 10t.) ACTION: Mr. Swain moved the adoption of Ordinance No. 33532-080497. The motion was seconded by Mr. Trout and adopted by the following vote: 272 AYES: Council Members Wtfite, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt 6. ! NAYS: None 0. (Mayor Bowers was absent.) 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 Filth Planning District; the FDETC serves eligible residents in the Counties of Alleghany, Botetourt, Craig and Roanoke, as well as the Cities of Clifton Forge, Covington, Roanoke and Salem; the FDETC serves two primary client populations, i.e.: economically disadvantaged and dislocated workers; and the City of Roanoke is grant recipient for FDETC funding, and Council must appropriate funds for all grsnte and other monies received by the FDETC. 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 experie.nca, job related education, classroom .training, job placement activities, and remedial education, in the follo~nng amounts: Title II-A (Adults - ages 22 and over) $334,736.00 Title II-C (Youth - ages 16 through 21) $ 47,667.00 Title III-F (Dislocated Workers) $246,999.00 Opportunity Knocks $t 27,840.00 It was explained that the Virginia Employment Commission has notified the Fifth District Employment and Training Consortium of the approval of a request for $300,000,00 to operate a Governor's Regional Project for program year 1997, which funds will be used to serve dislocated workers. 273 ACTION: The City Manager recommended that Council appropriate Fifth District Employment and Training Consor'dum funding, totalling $1,057,242.00, and increase the revenue estimate by $1,057,242.00 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. Parrott offered the following emergency budget ordinance: (#33533-080497) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 102.) Mr. Parrott moved the adoption of Ordinance No. 33533-080497. The motion was seconded by Mr. Harfia and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt 6. NAYS: None 0. (Mayor Bowers was abeenL) SEWERS AND STORM DRAINS-BUILDINGS/BUILDING DEPARTMENT-ELECTIONS-BONDS/BOND ISSUES-PARKS AND RECREATION-BRIDGES-CITY PROPERTY-CAPITAL IMPROVEMENTS PROGRAM-ECONOMIC DEVELOPMENT-SCHOOLS-STREETS AND ALLEYS: The City Manager and the Director of Finance submitted a joint written report advising that a public hearing was held on July 21, 1997, for the purpose of receiving citizen comment on the proposed $39,030,000.00 general obligation bond issue; and at the conclusion of the public hearing, Council adopted Ordinance Nos. 33497-072197 and 33498-072197, authorizing issuance of $39,030,000.00 principal amount of general obligation bonds and providing for the holding of a referendum in November 1997. 274 ACTION: It was further advised that the Capital Improvement Program, totalling $270,980,797.00 has been revised for fiscal years t998-2002; the document updates the status of current projects and includes those projects to be funded by the $39,030,000.00 in general obligation bonds; and fiscal year 1998-2002 Capital Improvement Program includes the following: Current Capital Improvement Program, current projects previously approved and funded, totalling $186,605,241.00; Supplemental Capital Improvement Program - Priority I, additional projects recommended for approval and funding, totalling $84,375,556.00; and Exhibit I to the report shows all of the projects included in the recommended Capital Improvement Program. The City Manager and the Director of Finance recommended that Council adopt a resolution endorsing the Capital Improvement Program for fiscal years 1998-2002. (For full text, see joint report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#33534-080497) A .R. ESOLUTION endorsing the Capital Improvement Program submitted by the City Manager and Director of Finance by report of August 4, 1997. (For full text of Resolution, see Resolution Book No. 60, page 107.) Mr. Swain moved the adoption of Resolution No. 33534-080497. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt 6. NAYS: None (Mayor Bowers was absent.) 275 DIRECTOR OF FINANCE: DIREC.T. OR OF FINANCE-AUDITSIFI.NANCIAL REPORTS: The Director of F,nanca submitted the Financ;al Report for the City of Roanoke for the fiscal year ended June 30, t997, advising that General Fund revenues for fiscal year 1997 totel $158,485,416.00; collections exceeded the revenue estimate by t.9 per cent, or $2,961,53t.00; General Fund expenditures and encumbrances totaled $159,719,270.00; unencumbered appropriations were $2,578,893.00, or t.59 per cent of the General Fund budget; School Fund revenues for fiscal year 1997 total $95,882,957.00; collections exceeded the revenue estimate by 0.39 per cent, or $368,096.00; school expenditures and encumbrances totaled $97,724,124.00; unencumbered appropriations were $586,160.00, or 0.60 per cent of the adopted School Fund budget; and fiscal year 1997 year end designated fund balances for Capital Maintenance and Equipment Repiscement (CMERP) for the General Fund and School Fund per requirements of Ordinance No. 26292 are as follows: General Fund Local Tax Revenues Over Estimate Non-Local Tax Revenues Over Estimate Unexpended Appropriations c~v $1,422,950:00 476,193.00 2,578,893.00 School $1,062,388.00 ~;hool Fund Revenues Over Estimate Unexpended Appropriations $ $ 368,096.00 586,159.00 Fund Balance Transfers Reserve for Un-insured Claims Reserve for Workers' Comp. Claims Other One-Time Adjustments $ (250,000.00) 22,563.00 Capital Maintenance and Equipment Replacement Funding Available $1.877.074.00 The Director of Finance explained that the amounts shown above for fiscal year 1997 are unaudited and are subject to change during the course of the City's annual extemal audit, and the figures are reported to Council for informational and planning purposes. It was further explained that some of the most anxiously awaited information at year end is the amount of designated funding for the Capital Maintenance and Equipment Replacement Program; Ordinance No. 26292, adopted by Council on December 6, 1982, established a reserve of General Fund balance for CMERP; computed pursuant to requirements of Ordinance No. 26292, CMERP for fiscal year 1997 for 276 ACTION: Schools is $1,036,801.00 and $4,253,789.00, for the City, or 2.62 per cent of General Fund appropriations; and the following allocation has ~ been calculated based on the Revenue Allocation Model used for the adopted budget: General Fund Designated FY t997 CMERP City Operations ~ School Operations ~ It was pointed out that School Board operations are accounted for in a separate fund; the amount of Capital Maintenance and Equipment Replacement Program funds designated in the School Fund totals $840,273.00, therafure, the total CMERP available to the Schools in both the General Fund and School Fund is $1,877,074.00 ($1,036,801.00 and $840,273.00), or 2.15 per cent of School Fund appropriations. It was noted that a detailed analysis of the Enterprise Funds will be included with the annual financial report; and the Director of Finance reiterated that General and School Fund figures presented in the report are unaudited and subject to change during the audit. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by Council, the Vice-Mayor advised that the Financial Report would be received and filed. REPORT OF COMMII'rEES: BUDGET-INDUSTRIES-STREETS AND ALLEYS-ECONOMIC DEVELOPMENT: Council Member John H. Parrott, Chairperson, Bid Committee, presented a written report on behalf of the Committee, advising that Council authorized execution of an agreement, dated October 1, 1996, between the City of Roanoke, Roanoke Electric Steel Corporation, and the Industrial Development Authority, which provides for construction of a new public roadway serving Roanoke Electric Steel Corporation; and four bids were received for the project, with Haymes Brothers, Inc., submitting the Iow bid, in the amount of $502,357.75. 277 ACTION: The Bid Committee recommended that Council authorize the City Manager to execute a contract, in a form to be approved by the City Attorney, wi~ Haymee Brothers, Inc., in the amount of $502,357.75; and appropriate $221,801.00 from Undesignat~l Capital Funds to RES Industrial Access Project, Account No. 008-002-9659. 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: (#33535-080497) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 108.) Mr. Parrott moved the adoption of Ordinance No. 33535-080497. The motion was seconded by Mr. Swain and adopted by the following vota: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt 6. NAYS: Nono 0. (Mayor Bowers was absent.) Mr. Parrott offered the following emergency ordinance: (~33536-080497) AN ORDINANCE accepting the bid of Haymee Brothers, Inc., for the construction of an Industrial Access Roadway, Project No. 6304, 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. 60, page 109.) 278 ACTION: Mr. Parrott moved the adoption of Ordinance No. 33536-080497. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swein, Trout and Vice-Mayor Wyatt.. 6. NAYS: None .... -0. (Mayor Bowers wes absenL) BUDGET-BRIDGES-STREETS AND ALLEYS: 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 repair of bridges at Bridge Street, S. W., and at Dale Avenue, S. E., advising that the City of Roanoke Bridge Inspection Program identified maintenance needs; two bridges with the highest priority maintenance needs have been identified, viz: Norwich Bridge (Bridge Street) No. 8036 and Dale Avenue No. 1903; the project has been designed and now needs to be constructed; and after proper advertisement, four bids were received, with Lanford Brothers Co., Inc., submitting the Iow bid, in the amount of $143,134.00. The Bid Committee recommended that Council concur in the following actions: Authorize the City Manager to execute a contract with Lanferd Brothers Co., Inc., for Bridge Repairs - Bridge Street and Dale Avenue, in the amount of $143,134.00, and authorize a project contingency of $15,000.00; Appropriate $150,000.00, which is currently available in the General Fund Transfer to Capital Projects Fund, to Capital Fund Account No. 008-052-9549-9003, Bridge Maintenance; and Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's OfT]ce.) 279 ACTION: Mr. Parrot/offered the following emergency budget ordinance: (~33537-080497) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 110.) Mr. Parrot/moved the adoption of Ordinance No. 33537-080497. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt C. NAYS: None 0. (Mayor Bowers was absent.) Mr. Parrot/offered the following emergenc~ ordinance: (ft33538-080497) AN ORDINANCE accepting the bid of Lanford Brothers Co., Inc., for repair of the bridges at Bridge Street and at Dale Avenue, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 110.) Mr. Parrot/moved the adoption of Ordinance No. 33538-080497. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt. 6. NAYS: Nono (Mayor Bowers was absent.) 28O with bids received by the City for upgrade and expansion of the Water Pollution Control Plant, advising that five bids were received, with Pizzagalli Construction Co., submitting the apparent Iow bid, in the amount of $16,207,000.00; Instruction to Bidders, paragraph 18.03 of the specifications, permits the withdrawal of a bid which is substantially lower than other bids, if the bid was submitted in good faith and a clerical mistake was made in the bid tabulation; a written request from Pizzagalli Construction Co., for withdrawal of its bid along with bid tabulation sheets, was delivered to the Manager of Supply Management on Thursday, July 10, t997, at 1:00 p.m., in less than the two days as stipulated in the Instruction to Bidders; and the next Iow bidder was Denis Heavy Construction Co., which bid $16,690,000.00 and 670 consecutive calendar days for subste~-a~ completion of the work and 730 consecutive calendar days for final acceptance. BUDGET-WATER RESOURCES-SEWERS AND STORM DRAINS: Council Member John H. Parroff, Chairperson., Bid. Commi?e, presented a written report on behalf of the Comm,ttee, ,n connection The Bid Committee recommended that Council concur in the following actions: Approve withdrawal of the bid submitted by Pizzagalli Construction Co., due to a mathematical error in the bid tabulation; Authorize the City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney, with Denis Heavy Construction Co., in accordance with contract documents as prepared by Malcolm Pimie, Inc., Consultants, in the amount of $16,690,000.00 and 730 consecutive calendar days to final completion, subject to receipt of a construction permit from the Department of Environmental Quality ($3,642,384.40 of the contract amount shall be transferred from the BAF contract); Transfer $5,378,715.20 for the City's share of the agreement from Sewage Fund Account No. 003-056-8465- 9001 to Sewage Fund, Upgrade and Expansion of the Water Pollution Control Plant; appropriate $9,041,432.80 to the same account from funds to be provided from other · * ,i 281 localities and establish an accounta receivable for the same amount; total funding of the contract would be $18,359,000.00, including $3,642,384.00 to be tranaferred from BAF contract, Account No. 003-056-8470; Reject all other bids received by the City; and Award of the contract is contingent on approval by the Depa,bv~ent of Environmental Quality, which letter of approval should be received by the City 'In mid-August 1997. ACTION: 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. Swain inquired if controls are in place to monitor involvement of women and minorities by contractors employed by the City of Roanoke in connection with City-funded projects; whereupon, the City Manager advised that in the case of grant money, the State or Federal agency providing the grant funds specifically provides for monitoring; and each bidder is required to sign a document cer'd~jing that they will comply with all applicable Stata and Federal laws as to hiring and non- discriminating practices. He explained that no City staff is currently dedicated specifically to the task, it is a complex question, and City staff will continue to address the matter. Mr. Parrott offered the following emergenc~ budget ordinance: (~33539-080497) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 111.) Mr. Parrott moved the adoption of Ordinance No. 33539-080497. The motion was seconded by Mr. Swain and adopted by the following vote: 282 ACTION: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt.. NAYS: Non: (Mayor Bowers was absenL) Mr. Parrott offered the following emergency ordinance: (f~33540-080497) AN ORDINANCE allowing the withdrawal ora bid by Pizzagalli Construction Co.; accepting the bid of Danis Heavy Construction Co., for the upgrade and expansion of the Water Pollution Control Plant, upon certain terms and conditions, and awarding a lump sum 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. 60, page 113.) Mr. Parrott moved the adoption of Ordinance No. 33540-080497. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt 6. NAYS: Non: (Mayor Bowers was absent.) TRAFFIC-EASEMENTS-CONDEMNATION PROCEEDINGS- SCHOOLS-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 certain property rights needed by the City for intersection widening in connection with installation of a traffic signal at Colonial Avenue and McNeil Drive, S. W. A staff report advised that the intersection of Colonial Avenue and McNeil Drive, S. W., is a location justified for signalization in the City of Roanoke; Virginia Western Community College has agreed to raimburae the City up to $100,000.00 in costs related to installation of 283 ACTION: the traffic signal, which offer Council accepted at its meeting on March 17, 1997; traffic signal plans are presently being developed, with schedule for completion of the Colonial/McNeil intersection by the end of the year 1997; funding is available in project Account No. 008-052- 9561-9007, to cover right-of-way costs; and property rights need to be acquired from the following listed tax numbers: OFFICIAL TAX PROPERTY OWNER NUMBER FEE SIMPLE OR PERMANENT EASEMENT Virginia Weetem Community College, State Board of Community Colleges, Commonwealth of Virginia 1380201 Permanent Easement 1,000 square feet (by donation) City of Roanoke 1380101 Fee Simple t,500 square feet The Water Resources Committee recommended that Council authorize the City Manager to acquire the sbovedeecribed property rights. (For full text, see reports on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (#33541-080497) AN ORDINANCE providing for 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 Colonial Avenue and McNeil Drive, S. W.; setting a certain limit on the consideration to be offered by the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 114.) Mr. Trout moved the adoption of Ordinance No. 33541-080497. The motion was seconded by Mr. Harris and adopted by the following vote: 284 AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt 6. NAYS: None (Mayor Bowers was absent.) LEASES-MARKET SQUARE PARKING GARAGE-WATER RESOURCES: Council Member James O. Trout, Vice-Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to extension of the lease agreement between the City and Orvis Roanoke, Inc., for space in the Market Square Parking Garage building. A staff report advised that Orris Roanoke, Inc., currently leases approximately 3,000 square feet of retail space from the City in the Market Square Parking Garage, 19 Campbell Avenue, which lease expires on August 31, 1997; rent on the space has been calculated using a base monthly rent, adjusted annually, based on the Consumer Price Index (CPI) plus a percentage of retail sales; and rent collected for 1996 is as follows: t2 months x $779.451month = $ 9,353.40 per cent of sales = 15.710.97 Total Rent ~ It was further advised that Orris Roanoke, Inc., desires to renew the lease for a five-yeer period to insure continuation of its retail store operation; and terms of the lease, including monthly rental with annual Consumer Price Index adjustment and percentage of sales to be paid to the City as rent, will remain the same. The Water Resources Committee recommended that Council authorize the City Manager to extend the lease agreement between the City and Orris Roanoke, Inc., at 19 Campbell Avenue, S. W., fora period of five years from September 1, t997 to August 21, 2002, said agreement 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.) 285 ACTION: Mr. Trout moved that the following ordinance be placed upon its first reading: (#33542) AN ORDINANCE authorizing extension of the lease agreement between the City and Orvie Roanoke, Inc., for the premises located in the Market Square Parking Garage building, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 1t6.) The motion wes seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt 6. NAYS: Nono O. (Mayor Bowers was abeenL) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-TRAFFIC-EASEMENTS-STATE HIGHWAYS- COMMUNITY PLANNING-CAPITAL IMPROVEMENTS PROGRAM- ECONOMIC DEVELOPMENT-VALLEY VIEW MALL-SCHOOLS-STREETS AND ALLEYS: Ordinance No. 33502 amending and reordaining certain sections of the 1997-98 Capital Projects Fund Appropriations, relating to construction and dedication of the 1-581 Interchange at Valley View - Phase I and Valley View Boulevard Extended, having previously been before the Council for its first reading on Monday, July 21, 1997, 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: (#33502-080497) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations. (For full text of Ordinance, see Ordinance Book No. 60, page 80.) 286 ACTION: Mr. Trout moved the adoption of Ordinance No. 335024480497. The motion was seconded by Mr. Swain and adopted by the following VOte: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt 6. NAYS: None 0. (Mayor Bowers was abeenL) TRAFFIC-EASEMENTS-STATE HIGHWAYS-COMMUNITY PLANNING-CAPITAL IMPROVEMENTS PROGRAM-ECONOMIC DEVELOPMENT-VALLEY VIEW MALL-SCHOOLS-STREETS AND ALLEYS: Ordinance No. 33503 authorizing execution of an agreement with Faison Realty Equities, Inc., Valley View Associates Limited Partnership, Hersch Associates Limited Partnership, and FCD- Shenandoah Limited Partnership providing for certain obligations concerning the construction and dedication of the 1-58t Interchange at Valley View Boulevard - Phase I and Valley View Boulevard Extended; authorizing execution of an agreement with the Roanoke City School Board related to properties needed for road construction; and authorizing execution of appropriate documents by the proper City officials to provide for dedication of t0,880 sq. ft., more or less, of permanent right-of-way and 24,044 sq. fi., more or less, of temporary construction easement to the Commonwealth of Virginia and/or VDOT for the 1-581 Interchange and dedication for street purposes of 26,554 sq. fi-, more or less, of permanent right-of-way, and 12,052 sq. ft., more or less, of a 20-foot temporary construction easement for Valley View Boulevard Extended, having previously been before the Council for its first reading on Monday, July 21, 1997, 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: (#33503-080497) AN ORDINANCE authorizing execution of an agreement with Faison Realty Equities, Inc., Valley View Associates Limited Partnership, Hersch Associates Limited Partnership, and FCD- Shenandoah Limited Partnership providing for certain obligations concerning the construction and dedication of the 1-581 Interchange at Valley View Boulevard - Phase I and Valley View Boulevard Extended; authorizing the execution of an agreement with the Roanoke City School Board related to properties needed for road construction; and authorizing the execution of appropriate documents by the proper City 287 ACTION: oMcials to provide for the dedication of 10,880 aq. ft., more or Ieee, of permanent fight-of-way and 24,044 sq. ff., more or less, of temporary conatruction easement to the Commonwealth of Virginia and/or VDOT for the 1-581 Interchange and the dedication for arrest purposes of 26,554 aq. ft., more or lees, of permanent right-of-way, and 12,052 aq. ft., more or less, of a 20-foot temporary construction essement for Valley View Boulevard Extended. (For full text of Ordinance, ass Ordinance Book No. 60, page 81.) Mr. Trout moved the adoption of Ordinance No. 33503-080497. The motion wee seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members White, Harria, Parrott, Swain and Trout 5. NAYS: Vice-Mayor Wyatt (Mayor Bowers wes absent.) BUDGET-TRAFFIC-STATE HIGHWAYS-CAPITAL IMPROVEMENTS PROGRAM-GREENWAY SYSTEM-CONSULTANTS REPORTS-VALLEY VIEW MALL: Budget Ordinance No. 33505 amending and reordaining certain sections of the 1997-98 Capital Projects Fund Appropriations, relating to execution of Change Order No. 4 to the City'a contract with Mattem and Craig, Inc., for consulting services in connection with the 1-581 Interchange project, having previously bccn before the Council for its first reading on Monday, July 21, 1997, 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: (#33505-080497) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations. (For full text of Ordinance, see Ordinance Book No. 60, page 82.) Mr. Trout moved the adoption of Ordinance No. 33505.080497. The motion waa aeconded by Mr. Swain and adopted by the following vote: 288 ACTION: AYES: Council Members White, Harris, Parrot'(, Swain, Trout and Vice-Mayor Wyatt 6. NAYS: Non= (Mayor Bowers was absent.) PARKS AND RECREATION-CITY PROPERTY-SCHOOLS: Ordinance No. 33507 authorizing the City Manager to enter into an agreement with the Garden City Recreation Club to construct a permanent concession/storagelrestroom building at Garden City Park behind the existing baseball backstop, upon certain terms and conditions, having previously been before the Council for its first reading on Monday, July 21, t997, 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: (#33507-080497) AN ORDINANCE authorizing the City Manager to enter into an agreement authorizing the Garden City Recreation Club to construct a structure at Garden City Park, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 83.) ~ Mr. Swain moved the adoption of Ordinance No. 33507-080497. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Membem W~ite, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt... NAYS: None (Mayor Bowem was absent.) ZONING: Ordinance No. 33516 rezoning that certain 1.96-acre tract of land located on Orange Avenue, N. W. (Route 460 East), Official Tax No. 7140t14, from LM, Light Manufacturing District, to C-2 General Commemial District, subject to proffem contained in the First Amended Petition filed in the Office of the City Clerk on June 3, 1997, subject to any changes required by the City during site plan review, having 289 ACTION: previously been before the Council for its firet reading on Monday, July 21, 1997, 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: (~33516-080497) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 714, 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. 60, page 85.) Mr. Trout moved the adoption of Ordinance No. 33516-080497. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt 6. NAYS: None 0. (Mayor Bowers was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: DECEASED PERSONS: Mr. Parrott requested that the City Attorney prepare the proper measure memorializing the late William W. Field. COUNCIL-REFUSE COLLECTION-AIR POLLUTION CONTROL- RECYCLING-LICENSES: Council Member Swain referred to operations of BFI Roanoke Valley Materials Recovery Facility, 341 24th Street, N .W., and expressed concern with regard to a compliance report prepared by the Virginia Depa,l,~ent of Environmental Quality (DEQ) in which the facility received numerous marginal or unsatisfactory ratings. He called attention to concerns expressed by residents of the area regarding dust and odor from the facility, and alluded to a request 290 of BFI to increase the processing of refuse from approximately 210 tons to 350 tons per day. He requested that the City Manager investigate the matter and obtain a clarification of definitions used in the DEQ compliance report. ACTION: Vice-Mayor INyatt inquired as to whether BFI is in compliance with its license agreement to operate as a recycling facility. Mr. Swain moved that the matter be referred to the City Man=-=- .and the City Attorney to take the necessary staes to ,ntsreets of the citizens of the City of Roa~toke.'Th, seconded by Mr. Trout and adopted. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: COMPLAINTS-COUNCIL-CITY GOVERNMENT: Mr. Robert D. Gravely, 1524 Hanover Avenue, N. W., appeared before Council and advised that through God, there are funds to be channeled to the City of Roanoke to be used for certain work that needs to be done. · There being no further business, the Vice-Mayor declared the meeting adjournet at 3:50 p.m. APPROVED I Mary F. Parker ,nda F. Wyatt City Clerk Vice-Mayor t; 291 ROANOKE CITY COUNCIL SPECIAL MEETING " · The Council of the City of .R.,oanoke held ;ts. th;rd special meeting/workshop to discuss a report of the Mod;fled Election Dmtrict Task Force on Tuesday, August 12, 1997, at 2:00 p.m., in the Emergency Operations Center (EOC) Conference Room, Room 159, Municipal Building South, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to a motion adopted by the Members of City Council at its regular meeting held on Monday, July 7, 1997. 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: W. Robert Herbert, City Manager; Wilbum C. Dibling, Jr., City Attomey; and Sandra H. Eakin, Deputy City Clerk. OTHERS PRESENT: Kit B. Kiser, Director of Utilities and Operations; William D. Bestpitch, Member, Modified Election District Task Force; Michael Gray, Fifth Planning District Commission; and Todd Jackson, The Roanoke Times. The Mayor advised that the purpose of the meeting was to conduct the third of three work sessions of Council to review and approve a modified election district plan, including the boundaries of the proposed election districts, to be the subject of a referendum on November 4, 1997. He explained that by motion adopted on April 22, 1996, City Council created the Citizens Task Force to Recommend a Modified Election District System for the Election of Members of the Roanoke City Council, and after an extensive public participation process, including the conduct of workshops in eleven neighborhoods of the City, the Task Force rendered its final report to City Council on June 16, t997; and Council held work sessions on July 15 and July 29, 1997, and conducted a public hearing at 7:00 p.m., on Monday, July 28, 1997, to review and consider the modified election district plan· It was further advised that at its work session on July 15, Council adopted Resolution No. 33496- 071597 establishing guidelines to be adhered to by City Council in reviewing and approving a modified election district plan for the election of members of City Council and in the drawing of election districts for City Council; that at its work 292 session on July 29, Council approved the amended five district map; and on August 18, Council will consider s Resolution t.o approve the language of the proposed Charter amendment providing for election of members of City Council under a modified election district plan, approving a map, subject to a positive referendum, establishing the boundaries of five proposed election districts for the election of members of City Council, and directing and providing for the holding of a referendum in the City on November 4 to determine whether the qualified votars of the City desire that the City Council request the General Assembly to amend the Roanoke Charter of 1952 to include the proposed new section providing for election of City Council members under a modified election district plan. The City Attorney statad that on July 29 discussion was held with respect to the question as to whether during the transition period, should an at-large Council Member elected to a four year term in t998 be permitted to retain his or her at large seat and run for a district seat in 2000, and he had advised that this is not prohibited by the draft Charter amendment; that before assuming the district seat the Council Member would be required to resign from the at large seat; even if prohibited, an at large Council Member could always resign his or her seat and run for a district seat; and Council had adopted a motion that during the transition period, any at large Council Member elected to a four year term in 1998 shall be permitted to retain his or her at large seat and run for a district seat in 2000, except that he or she cannot h .o. ld both seats. Mr. Dibling stated that he had consulted with election law experts vath respect to the lawfulness of the proposed composition of City Council during the transition period from July 1, 2000 through June 30, 2002, and advised that in this transitional period, City Council would consist of a Mayor elected at large in May, 2000, three dis~ct members elected in May, 2000, and three hold-over at large members elected in May, 1998; that during the transition period, sixty per cent of the City's citizens would be represented by a dedicated district representative, three at large Council members and an at-large Mayor; at the same time, forty per cent of the City's votare would be represented only by three at large Council members and an at large Mayor; and since sixty per cent of the population would have more representation on Council than the other forty per cent, the transition proposal would appear to violate the one person - one vote principles. The City Attorney stated that although he has sHrived to devise a transition plan that would avoid short terms and which would maintain the benefits of the current staggered election system, he could not recommend the transition plan currently under consideration; therefore, he must recommend that the Council members elected in May, 1998, be elected to two year tef,~ts with all Council terms expiring on June 30, 2000. 293 The City Attorney referred to the following issues remaining to be resolved: I 1. In May, 2000, which offcss will be elected for 4-year terms and which offices will be elected for 2-yesr terms commencing July1, 2000? Altematives: Elect Mayor and 3 district members for 4-year terms. Elect Vice-Mayor and 2 district members for 2-year terms. Elect Mayor, Vice-Mayor and 2 district members for 4-year terms. Elect 3 district members for 2-year terms. In May, 2000, which district members will be elected for 4-year terms and which district members for 2-year terms? If Alternative 1.a. is selected, there are at least 4 alternatives: (1) Districts 1, 4 and 5 elect members for 4-year terms (these are the districts in which Council members who will receive short terms in the 1998 election reside). Districts 2 and 3 elect members for 2-year terms. (2) Numerical order - 1, 2 and 3 receive 4-yesr terms; 4 and 5 receive 2-year terms. (3) Odd-even - 1, 3 and 5 receive 4-year terms; 2 and 4 receive 2-year terms. (4) By lot. If Alternative 1.b. is selected, there are at least 3 alternatives: (1) Numerical order - 1 and 2 receive 4-year terms; 3, 4 and 5 receive 2-year terms. (2) Odd-even - 2 and 4 receive 4-year terms; 1, 3 and 5 receive 2-year terms. I (3) By lot. 294 3. Approve amended Charter language. Approve ballot question as amended at July 15, 1997 work session. Mr. Harris moved that the ballot question, as amended at the July 15, 1997 work session, be approved, es follows: BALLOT QUESTION Shall the Roanoke City Charter of 1952, as amended, be amended effective January 1, 2000, to provide for a seven member City Council consisting of a Mayor and Vice-Mayor separately elected at large and five (5) Council members who shall each be elected from and be a qualified voter in an election district established by Council with one Council member from each district? [] YES [] NO The motion was seconded by Vice-Mayor Wyatt and adopted. The City Attorney advised with regard to the language o.f the proposed Charter amendment, that a Resolution would be presented for Counc,l's consideration at its meeting on August 18, 1997, to approve for purposes of a referendum th.e. language of a proposed new Section 4.1 of the Roanoke Charter of 1952 provid,ng for the election of members of City Council under a modified election district plan. Mr. Harris moved that Council approve Alternative 1.a., to elect the Mayor and 3 district members for 4-year terms, and elect the Vice-Mayor and 2 district members for 2-year terms, relating to the question as to in May, 2000, which offices will be elected for 4-yesr terms and which offices will be elected for 2-year terms commencing July 1, 2000. The motion was seconded by Mr. Trout. The Mayor stated that he was opposed to Alternative 1.a. and was in favor of Alternative 1.b., to elect the Mayor, Vice-Mayor and 2 district members for 4-year terms and elect 3 district members for 2-year terms. Following disi:ussion, the motion of Mr. Harris, seconded by Mr. Trout, to approve Alternative 1.a. was adopted, Mayor Bowers voting no. 295 There was discussion with regard to item 2.a., relating to the question as to I in May, 2000, which district members will be elected for 4-yesr term.s, and which district members will be elected for 2-yesr terms; whereupon, the City Attorney advised that there ars at least four alternatives, as follow.: (1) Districts t, 4 and 5 elect members for 4-yesr te,,,e (these are the districts in which Council members who will receive short terms in the 1998 election reside); and Districts 2 and 3 elect members for 2-yesr terms. (2) Numerical order - Districts t, 2 and 3 receive 4-yesr terms; and Districts 4 and 5 receive 2-yesr terms. (3) Odd-even - Districts 1, 3 and S receive 4-yesr terms; and Districts 2 and 4 receive 2-year terms. (4) By lot. Mr. Trout moved that Council approve Altemative 2.a.(1), to provide that Districts 1, 4 and 5 will elect members for 4-year terms (these are the districts in which Council members who will receive short terms in the 1998 election reside); and Districts 2 and 3 will elect members for 2-yesr terms, relating to the question as to in May, 2000, which district members will be elected for 4-yesr terms and which district members will be elected for 2-yesr terms. The motion was seconded by Mr. White. Following discussion with regard to approval of Alternative 2.a.(1), Mr. Trout moved to call for the vote on the motion to adopt Alternative 2.a.(t). The motion was seconded by Mr. Swain. The motion of Mr. Trout, seconded by Mr. Swain, to call for the question was denied by the following vote: AYES: Council Members Harris, Swain and Trout NAYS: Council Members Parrott, White, Wyatt and Mayor Bowers Following further discussion, the motion to adopt Alternative 2.a.(1), to provide that in May, 2000, Districts t, 4 and 5 will elect members for ,l-year terms, and Districts 2 and 3 will elect members for 2-year terms, was'adopted, Vice-Mayor Wyatt voting no. The City Attorney advised of the need to fill in the blanks in items © and (d) of the proposed new Section 4.1 of the Roanoke City Charter of t952 to replace current Section 4 of the Charter. Following discussion, it was the consensus of the majority of Council that the proposed new Section 4.1 of the Roanoke City Charter of 1952 to replace current Section 4 of the Charter, should read as follows: Roanoke City Charter New Section 4.t to Replace Repealed Section 4 Composition of council; election of mayor, vice-mayor and members; terms; creation of election districts; vacancies; continuing body. (a) On and after July 1, 2000, the council shall consist of the mayor, vice-mayor and five (5) other members to be elected and to serve for the te,-,s set forth in this section. (b) The mayor of the city shall be elected at large by the qualified voters of the city on the first Tuesday in May, 2000. The mayor shall serve for a term of four (4) years from the first day of July next following the date of election and until a successor is elected and qualified. (c! The vice-mayor of the city shall be elected at large by the qualified voters of the city beginning with the regular councilmanic election on the first Tuesday in May, 2000. The vice-mayor elected on the first Tuesday in May, 2000, shall serve for a term of two (2) years from the first day of July next following the date of election and until a successor is elected and qualified. Beginning with the election on the first Tuesday in May, 2002, and thereafter, the vice-mayor shall be elected for a term of four (4) years from the first day of July next following the date of election and until a successor is elected and qualified. (d) In addition to the mayor and the vice-mayor, the council shall consist of five (5) members who shall be elected from and be qualified voters in election districts established by council with one (1) council member to be elected from each district. The election districts shall be designated district 1, district 2, district 3, district 4 and 297 district 5, and the boundaries of each district shall be established by ordinance of city council pursuant to subsection (e) of this section. On the first Tuesday in May, 2000, three (3) council members shall be elected, one (1) each from districts 1, 4 and 5, for terms of four (4) yesre, and two (2) Council members shall be elected, one (1) each from districts 2 and 3, for terms of two (2) years. Thereafter, Council members shall serve for terms of four (4) years. All terms of council members shall commence on the first day of July next following the date of election, and all council members shall serve until their successors have been duly elected and qualified. (e) The Council shall, by ordinance and in accordance with the general laws of the Commonwealth, divide the City into five election districts for the purpose of electing one member of council from each such district. (f) Nothing herein contained shall be construed to affect the terms of council members elected or appointed under the provisions of this charter prior to the regular councilmanic election in the year 2000 or thereafter until their respective terms expire. (g) No person may be a candidate for the office of mayor or the office of vice-mayor and for the office of council member in the same election. (h) Any vacancy in the office of mayor, vice-mayor or council member shall be filled within thirty days, and until the day upon which the terms of office of council members elected in the next following regular councilmanic election shall commence, by a majority vote of the remaining members of council, and if as much as two years of any such unexpired term of the mayor, vice-mayor or member of council remains at the time of such next regular councilmanic election, a mayor or vice-mayor or council member, as the case may be, shall be elected at said election for the remaining portion of such unexpired term. Any vacancy in an election district shall be filled by a qualified voter of such district. 298 (i) The council shall be a continuing body, and no measure pending before such body shall abate or be discontinued by reason of rite expiration of the term of office or removal of the members of said body, or any of them. Mr. Swain moved that Council approve the amended language of the proposed new Section 4.1 of the Roanoke City Charter of 1952, for purposes of a referendum on November 4, 1997, providing for election of members of City Council under a modified election district plan. The motion was seconded by Mr. Trout and adopted. The City Attorney advised that he would present a Resolution for Council's consideration at its regular meeting on Monday, August 18, t997, which will set forth the proposed Charter amendment language, set forth the ballot question, ordain the approved district map, and authorize him to file, for and on behalf of the City, any petitions, motions, pleadings, applications, certificates and other legal papers with Federal and State Courts and edminis~ative agencies deemed necessary and proper by him to implement a referendum on November 4, 1997; and if the Resolution is approved by Council on August 18, 1997, he will file a petition requesting entry of a Writ of Election by the Circuit Court on August 19, 1997. There being no furtimr business, the special meeting/workshop was adjoumed at 2:55 p.m. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk David A. Bowers Mayor 299 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL August 18, 1997 12:15 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, August 18, t997, at 12:15 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 C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout and Mayor David A. Bowers 5. ABSENT: Council Member William White, Sr., and Vice-Mayor Linda F. Wyatt 2. 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. Parker, City Clerk. COUNCIL4NDUSTRIES: The Members of Council and City staff participated in a tour of Cybermotion, Inc., a businees industry, 719 Gainsboro Road, N. W., City of Roanoke. Cybermotion, Inc., was founded in 1984 with the mission of developing and commercializing mobile robotics vehicles. At 12:20 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, August 18, 1997, 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 Linda F. Wyatt, C. Nelson Hawis, John H. Parrott, Carroll E. Swain, James O. Trout and Mayor David A. Bowers 6. ABSENT: Council Member William White, Sr. 300 OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attemey; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a preyer by Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America wes led by Mayor Bowers. ACTION: CONSENTAGENDA 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 fro..m the Consent Agenda and considered.separately. He called attention to three requests for Executive Seeslon to discuss a legal matter requiring the provision of legal advice by counsel, specifically the terms and conditions of the settlement of a lawsuit; a legal matter requiring the provision of legal advice by counsel, specifically the performance of a public contract; and personnel matters to discuss vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the regular meetings of Council held on Monday, May 5, 1997; the City Council Personnel ,.Committee meetings held on Monday, May 5, and Tuesday, May 6, 1997, the special mee~ng of City Council held on Monday, May 12, 1997; and the regular meeting of City Council held on Monday, May 19, 1997, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) Mayor Bowers NAYS: None. Mr. Trout mo.ved that the reading of the Minutes be dispensed with and that the M,nutas be approved as recorded. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and 6. (Council Member White was absenL) 301 ACTION: ACTION: COMMII'I'EES-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 (t950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Cede of Virginis (1950), aa amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............. 6. NAYS: None 0. (Council Member White was absent.) COUNCIL: A report of the City Attorney requesting that Council convene in Executive Session to discuss a specific legal matter requiring the provision of legal advice by counsel, specifically the terms and conditions of the settlement of a lawsuit, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the request of the City Attorney to convene in Executive Session to discuss a specific legal matter requiring the provision of legal advice by counsel, specifically the terms and conditions of the settlement of a lawsuit, pursuant to Section 2.1~.~. (A)(7), Cede of Virginis (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: 3O2 ACTION: AYES: Council I~mlmm Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers -.. NAYS: None (Council Member White was absent.) PARKS AND RECREATION.YOUTH: A report of the City Manager with regard to a joint effort of the Roanoke City and Roanoke County Parks and Recreation Departments to develop a skatepark facility which would be centrally located and accessible to youth throughout the Roanoke Valley, was before Council. Mr. Trout moved that the matter be removed from the Consent Agenda for discussion as a separate item. The motion was seconded by Mr. Swain and adopted. COMMUNICATIONS DEPARTMENT-TELEPHONE EQUIPMENT: A report of the City Manager advising that on November 26, 1996, Lynn M. Davis, President, Valley Beautiful, requested that the four Valley govemmente establish a task force of citizens, industry representatives, and govemment agency representatives to develop guidelines whi.ch would foster adequate cellular telephone coverage with the least impact on the surrounding area; and the matter was referred to the City's Department of Planning and Community Development for consideration, was before Council The City Manager further advised that last year, President Clinton signed the Telecommunications Act of 1996, which restructured and deregulated most aspects of the nation's communications industry; one of the issues facing local governments in Virginia and around the nation is how to address the tremendous growth of cellular and personal communications service technologies; and the City of Roanoke and other Valley governments must play a leadership role in defining land use, zoning and service policies to ensure that community needs are considered and protected. It was explained that the City has responded by developing a policy to authorize providers to place antenna on existing City facilities such as water tanks; representatives from the City .Planning Commission and City Planning Department staff also partic,pate on a regional task force, the Wireless Facilities Committee, and the objective ACTION: 303 of the Committee is to develop a uniform regional policy to guide the siting of. new cellular towers which would be adopted by all participating local govemmente; and should necessary zoning changee be needed, appropriate recommendations will be forwarded to Council from the City Planning Commission. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the report be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parmtt, Swain, Trout and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) SEWERS AND STORM DRAINS-COMPLAINTS-FLOOD REDUCTION/CONTROL: A report of the City Manager with regard to the following concems expressed by Mrs. Patsy Stroop, property owner at 3748 Chssterton Street, S. W., at City Council meetings held on June 2, 1997, and June 18, 1997, relating to flooding and drainage problems in the neighborhood, was before Council. Sanitary sewer overflows - When will the main be enlarged? Can constricted section be relocated into unpopulated area? Neighbor's fence - If the fence remains, can the bottom be raised to allow runoff to pass under fence? Driveway culverts - What is the cost to enlarge the culverts in this area? Status of Roanoke Valley Regional Stormwater Study? Feasibility of City purchasing the property at 3748 Cheeterton Street for a stormwater detention area? Feasibility of floodproofing the crawl space? 304 ACTION: ACTION: It was explained that the report is informational and no action by Council is required. ~ (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the report be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ~,. NAYS: Nono (Council Member White was absent.) YOUTH-COMMUNITY PLANNING-FIFTH PLANNING DISTRICT COMMISSION-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Elvah D. Taylor as a member of the Youth Services Citizen Board for a term ending May 31, 2000; and David C. Anderson as a City representative to the Fifth Planning District Commission for a term ending June 30, 2000. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. Trout moved that the reports of qualifi, cation 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 and Mayor Bowers- NAYS: None. (Council Member White was absent.) 305 ACTION: COUNCIL: A report of the City Attorney requesting that Council convene in Executive Session to diacuss a specific legal matter requiring the provision of legal advice by counsel, that is the performance of a public contract, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), aa amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the request of the City Attorney to convene in Executive Session to discuss a specific legal matter requiring the provision of legal advice by counsel, that is the performance of a public 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 and Mayor Bowers 6. NAYS: None ..... 0. (Council Member White was absent.) REGULAR AGENDA PARKS AND RECREATION-YOUTH: A report of the City Manager with regard to a joint effort of the Roanoke City and Roanoke County Parks and Recreation Departments to develop a skatepark facility which would be centrally located and accessible to youth throughout the Roanoke Valley, was before Council. The City Manager advised that strategy on moving forward on the City's community-wide needs assessment of Parks and Recreation will be provided; Council has included several million dollars for Parks and Recreation in the November 1997 bond referendum; a citizens committm~ will be organized to insure citizen involvement; and general Parks and Recreation needs, as well as special projects such as skateboarding and strategies to address certain needs at Victory Stadium, will be the focus of the citizen participation process. (For full text, see report on file in the City Clerk's Office.) 306 ACTION: ACTION: John W. Coates, Manager, Deperlment of Parks and Recreation, advised that over..?e peet year, the Parks and Recreation Dep.a. rtment, in conjunction ruth Roanoke Co.u. nty, has studied the feaslbili~, of implementing a ekateperk in the C~ty of Roanoke. He called attention to an existing unsupervised informal facility in Blacksburg which has created an atmosphere where young people come and go, and they abide by rules and regulations regarding the wearing of safety equipment. He referred to meetings which have been held with a group of youth in the community who perticipete in skateboarding, and he would like to offer them the opportunity to visit the Blacksburg facility and to review information on other steate-of-the-art skateboarding facilities, to be followed by a design sberet which would allow the youth to design a type of skateboard facility for the City and a proposed location. Without objection by Council, the Mayor advised that the report would be received and filed. HEARING OF CITIZENS UPON PUBLIC MATTERS: BUDGET-GENERAL DISTRICT COURT-COMMONWEALTH,S ATTORNEY-DELINQUENT TAXES-CIRCUIT COURT-d & D RELATIONS DISTRICT COURT: The, Honore.ble Do..n. ald S. Caldwell, Commonweal..th's Attorney, presented ~nformation w~th regard to the Cost Collection effort for fiscal year 1996-97, a four year comparison of delinquent collections in Roanoke City General District Court, an overview of General District Court revenue stream, and a four year comparison of delinquent collections in Roanoke City General District Court. (See report on file in the City Clerk's Office.) Without.objection by Council, the Mayor advised that the report would be recewed and filed. PETITIONS AND COMMUNICATIONS: BUDGET-DRUGS/SUBSTANCE ABUSE-COMMONWEALTH'S A'I-FORNEY: A ~c,o_mmunication from the Honorable Donald S. Caidwell, Commonwealth s Attorney, advising that Federal funding was made available to the Commonwealth of Virginia to be used for the development of eeveral Multi-Jurisdictional Special Drug Prosecutors statewide, which positions were developed to coordinate prosecutorial 307 efforts among independent jurisdictions, reduce fractional and duplicate prosecutions, enhance the recovery of criminal assets, utilize Federal, State and local resources to assure maximum prosscutorial effectiveness, and to provide specialized prosecutorial resources to the regional drug enforcement effort; and in addition, the Regional Drug Prosecutor has been cross-designated as an Assistant United States Attorney, which will permit a State prosecutor to make use of the Federal Grand Jury. It wes further advised that the Commonwealth's Attorneys for the Counties of Craig, Franklin, and Roanoke, and the Cities of Roanoke and Salem applied on October 9, t987, to the Commonwealth's Attorneys' Services Council, the State agency responsible for administration of the grant money, to fund a Multi-Jurisdictional Special Drug Prosecutor; City Council accepted the Multi-Jurisdictionsl Special Drug Prosecutor Grant in April t988, and a full-time Special Drug Prosecutor was hired in July 1988. It was explained that on April 15, 1994, the Commonwealth's Attomey's Office was notified that legislation approved by the General Assembly allowed funds for Drug Prosecutor positions to be transferred from the Department of Criminal Justice Services and the Commonwealth's Attorneys' Services Council to the Compensation Board; as a result, the Drug Prosecutor positions that serve Craig County, Franklin County, Roanoke County, Roanoke City and Salem City will be funded through the offices of Commonwealth's Attorneys in the host localities, effective July t, 1994; on April 30, 1997, the Compensation Board approved funds for the Drug Prosecutor's Office for the period July 1, t997 through June 10, 1998, in the following amounts: $65,119.00 for staff salaries and $11,292.00 for office expenses, for a total of $76,411.00; and in addition, the Compensation Board will reimburse the City of Roanoke for fringe benefits which should be approximately $7,000.00. The Commonwealth's Attorney recommended that Council concur in the following actions: Accept and continue participation in funding for the Drug Prosecutor positions through the Compensation Board, in the amount of $83,411.00; 3 0 8 ACTION: Authorize the City Manager to sign and execute all appropriate doc. umente to obtain funding for the Drug Prosecutor pos,tion$ through the State Compensation Board; Budget funding in the amount of $83,411.00 to be received from the Compensation Board in a revenue account to be established by the Director of Finance; and Appropriate funding in the amount of $83,411.00. A report of the City Manager concurring in the recommendation of the Commonwealth's Attorney was also before Council. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33544-081897) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 119.) Mr. Trout moved the adoption of Ordinance No. 33544.-4)81897. The motion was seconded by Ms. Wyatt and adopted by the following vote: Mayor Bowers. NAYS: None.. (Council Member White was absent.) Mr. Trout offered the following resolution: AYES: Council Membere Wyatt, Harris, Parrott, Swain, Trout and 6. 309 ACTION: (#33545-081897) A RESOLUTION authorizing acceptance of funding for the drug prosecutor's office by the Compensation Board of the Commonwealth of Virginia and authorizing acceptance, execution and filing of all appropriate documents to obtain such funds. (For full text of Reeolution, eee Resolution Book No. 60, page 121.) Mr. Trout moved the adoption of Resolution No. 33545-081897. The motion wes seconded by Ms. Wyatt and adopted by the following vote: - AYES: Council Members Wyatt, Harris, Per~ott, Swain, Trout and Mayor Bowers 6. NAYS: None ... 0. (Council Member White was absent.) BUDGET-POLICE DEPARTMENT-COMMONWEALTH'S ATTORNEY-GRANTS-EQUIPMENT-DRUGS/SUBSTANCE ABUSE: A communication from the Honorable Donald S. Caldwell, Commonwealth's Attomey, 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 returned to local law enforcement agencies, police and prosecutors, for use in their fight against crime, was before Council. It was further advised that periodically, assets seized as evidence ars ordered forfeitod by 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 Attomey was established with an appropriation of $25,000.00. It was explained that since August 1991, the Office of Commonwealth's Attorney has expended the $25,000.00 originally appropriated; revenues collected through July 15, 1997, for the grant are $70,015.00, and ware deposited in Account No. 035-035-1234-7107; current revenue estimate is $57,491.00; funding received in excess of the estimated revenue totals $12,524.00 and needs to be appropriated; in order to facilitate receipt and distribution of the funds, as well as 310 protect the public's confidence through systematic accounting, action by Council is requested to authorize the D. irector of Finance to continue the Grant Fu.nd accounts through which the Commonwealth may deposit and d,eperss funds. The Commonwealth's Attorney recommended that Council continue Grant Fund accounts for receipt of cash assets forfeited to the Office of the Commonwealth's Attorney under provisions of the Virginia Asset Forfeiture statute and concur in the following actions: Appropriate $t2,524.00 to the following Grant Fund accounts: Administrative Supplies 035-026-5140-2030 $ 3,524.00 Expendable Equipment (<500.00) 035-026-5t40-2035 1,500.00 Training and Development 035-026-5140-2044 1,500.00 Other Rental 035-026-5140-3075 2,000.00 CIS - Personal Computer Rent/Maintenance Expendable Equipment (>$500.00) 035-026-5t40-7007 2,000.00 035-026-5140-9005 --?,,.~)..0.,_0~ Total $12,524.00 Increase revenue estimate for the Grant funds, in the amount of $12,524.00. A report of the City Manager concurring in the request of the Commonwealth's Attorney, was also before Council. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: 311 ACTION: (#33546-08t897) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full toxt of Ordinance, see Ordinance Book No. 60, page 121.) Mr. Trout moved the adoption of Ordinance No. 33546-081897. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers C. NAYS: Non: O. (Council Member White was absenL) BO. NDS/BOND ISSUES-INDUSTRIES-HOSPITALS: A commun,cation from Harwell M. Darby, Jr., Attorney, representing the Industrial Development Authority of the City of Roanoke, requesting approval ora plan to assist Carillon Health System Obligated Group in financing a portion of the costs of certain renovation, capital equipment acquisition, and other improvements to certain'hospital facilities, by issuance of the Authority's Hospital Revenue Bonds, Series 1997A and Series 1997B, in an amount not to exceed $80.0 million, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33547-081897) A RESOLUTION of the City Council of the City of Roanoke, Virginia authorizing, among other things, the issuance of not to excccd $80,000,000 aggregate principal amount of two series of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carillon Health System Obligated Group) Series 1997A and Series 1997B, to the extent required by Section t47 of the Internal Revenue Code of 1986, as amended. (For full text of Resolution, see Resolution Book No. 60, page 123.) 312 ACTION: Mr. Trout moved the adoption of Resolution No. 33547-081897. Tho motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout and Mayor Bowers 5. NAYS: None (Council Member White was absenL) (Council Member Parrott abstained from voting.) Mr. Swain inquired aa to the estimated number of employees to be hired and the salary range; whereupon, Robert E. Glenn, Attorney advised that he would provide the information. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: 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. Department of Housing and Urban Development (HUD); HOME funds are used to increase the amount of affordable housing available to Iow-income families; of each year's HOME grant, 15 per cent must be reserved for projects conducted by certified Community Housing Development Organizations (CHDOs), with an additional five per cent of each year's grant to be provided to CHDOs for operating expenses; the City has certified the Northwest Neighborhood Environmental Organization (NNEO) to be a bona fide CHDO, as defined by HUD; and the NNEO has been successfully conducting CHDO projects for four consecutive years. It was further advised that for the t997-98 period, the Northwest eigh. borhood Environmen.tal Organization requested Community ous,ng Development Organ,zation funds for operating expenses and acquisition of property located at 1011 Fairfax Avenue, N. W., which will 313 ACTION: be rehabilitated at a later date and offered as affordable housing to eligible families; Council authorized $37,000.00 in new CHDO funding for NNEO ee part of the Annual Update to the Consolidated Plan (Annual Update) approved for submission to the U. S. Department of Housing and Urban Development on May 12, 1997, pursuant to Reeolution No. 33402-051297; written approval of the plan by HUD was received on July 3, 1997; and new funding for NNEO ie composed of $20,000.00 for operating expenses and $17,000.00 fur acquisition of property. The City Manager recommended that he be authorized to execute the t997-98 HOME Agreement with the Northwest Neighborhood Environmental Organization and amendments thereto, if necessary, to be approved ss to form by the City Attorney; and any scch amendments shall be within the limits of the funds appropriated by Council and for the purposee set fof~;, in the Agreement. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (~33548-981897) 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 ora vacant house located at 10tl Fairfax Avenue, N. W., upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 60, page 127.) Mr. Trout moved the adoption of Resolution No. 33548-081897. The motion wee seconded by Mr. Harris and adopted by the following vote: Mayor Bowers NAYS: None (Council Member White was absent.) AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and 6. 314 report advising that c.o. nstruction and realignment of a major street thoroughfare in the City.has resulted in the need to officially name and/or rename the follomng public streets: Section of new public street thoroughfare as the same ~loOW e .xte. nde from Sa!em Avenue, in the downtown area, an ,ntereection w~th Gainsboro Road, and Harrison Avenue, N. W.; and Existing section of the original Gainsboro Road that is no.w severed and isolated from the main alignment of Ga,nsboro Road. De . It was further advi~, that the Office of Planning and Community ve,op .ment. hes also received written requests from certain property owners rot me City to name and rename the following public and private streets: Public street, Shadblow Lane, S. W.; and Unnamed section of pdvate street as ~e same extends through the property of Roanoke Cathol,c School. The Ci~ Manager recommended that Council. approv..e the request to offic,ally name and/or rename the abovedescnbed publ,c and private streets: Designate and officially name the new section of public street thoroughfare (generally referred to aa the new Second Street/Gainsboro Road connec.b.'on), from .its intersection with Salem Avenue, S. W., to ~fa intersection with Harrison Avenue, N. W., as a continuation of Gainsboro Road; Designate and officially rename the non-connecting section of the original Gainsboro Road, as Old Gainsboro Road, N. W.; Designate and officially rename the existing public street, Shadblow Lane, S. W., as W~llow Oak Circle, S. W., as requested by the residents; and 315 ACTION: Designate and officially name the dascHbed section of unnamed private street that currently ex, nde through the property of Roanoke Catholic School, as Celtic Way, N. W., as requested by the owners of Roanoke Catholic School. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following rasolution: (~33549-08t89T) A RESOLUTION authorizing the City Manager to officially name and rename certain public and private streets within the city. (For full text of Rasolution, see Resolution Book No. 60, page 127.) Mr. Trout moved the adoption of Resolution No. 33549-081897. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Boware (~. NAYS: None 0. (Council Member White was absent.) The Mayor inquired if consideration has been given to naming streets in the City of Roanoke in honor of Roanoke's Sister Cities of Kisumu, Kenya, Pskov, Russia, Florian6polis, Brazil, Opole, Poland, and Lijiang, China; whereupon, the City Manager advised that he would refer the matter to the City Planning Commission for consideration,. BUDGET-FIRE DEPARTMENT-ROANOKE CIVIC CENTER- EQUIPMENT: The City Manager submitted a written report advising that Whitescarver, Hurd & Obenchain, Inc., Consulting Engineers, were employed on August 19, 1997, for the sum of $52,500.00, with a $7,500.00 contingency, to design and produce contract documents to replace the fire alarms and temperature controls at the Roanoke Civic Center in order to comply with present codes and standards; and the project was advertised and two bids were received on May 8, 1997, which bids were rejected atthe July 21, 1997 Council meeting with the underetending that the contract documents would be reworked to lower the contract price. 316 ACTION: It was further advised that the Civic Center Administration, W..hite$carver, Hurd & Obenchain, Inc., and City Engineer personnel discussed acceptable ways of reducing the contract amount, with major changes in the fire alarm controls; Whitescarver, Hurd & Obenchain, Inc., took the agreed upon recommendations and studied the change effect on the contract documents, and then informed the City Engineer that at least three weeks would be needed to make the required changes and reedverflse the project, with an estimated cost of the change in scope of work not to exceed $15,000.00; and contract documents should be revised and the project nc.-ds to be rs-advertised in order to proceed. The City Manager recommended that Council transfer $15,000.00 from 1996 General Obligation Bond Issue Account No, 008-052-9701- 9t 83 to project Account No. 008-056-9655-9055. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (*~33550.081897) AN ORDINANCE to amend and reordain certain sections of the t997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 129.) Mr. Trout moved the adoption of Ordinance No. 33550-081897. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .6. NAYS: None 0. (Council Member White was absent.) BRIDGES-STREETS AND ALLEYS: The City Manager submitted a written report advising that construction of the Riverdale Bridge and related realignment and reconstruction of 13th Street, S. E., several years ago resulted in the closure and/or relocation of certain adjacent street intersections; elevation of 13th Street wes raised to align with the elevation of the new Riverdale Bridge as the same now spans the 317 Roanoke River, between 13th Street and Bennington Street, S. E.; public access from 13th Street to a certain section of former Tompkins Avenue, S. E., now designat~l as Tomi lane, S. E., was closed off and eliminated as a result of the change in street elevation and location; a section of Tompkins Avenue was left with a connecting public alley system as its only means of access to the adjacent public street system st 14th Street S. E.; street sign designating the alley system as a public street, Tomi lane, S. E., was subsequently installed at its intersection with 14th Street, S. E.; and the alley system provides residents with a limited, 12-foot wide accessway to their properties. It wes further advised that three residential dwellings (1236, t316 and 1315) wars originally located on this section of street at the time of the realignment and reconstruction of 13th Street, S. E.; building permits were subsequently issued, however, for three additional single family dwellings; addresses assigned to the additional dwellings indicate that they are located on 13t/2 Street, S. E., an undeveloped (paper) street, which right-of-way is actually a grassy lawn area abutting the rear yards of the three more recently constructed dwellings; a residential community composed of six dwellings is now located in the area; residents use and rely upon the connecting alley system as the only means of vehicular access to the adjacent public street system at 14th Street, S. E.; and addresses as currently assigned and designated for three of the residences on this physically non- existent street could result in unnecessary confusion and delay in regard to life saving, firs protection, and other vital emergency services. It was explained that a zoning inspection related to an application to construct a fence across a portion of the alley system subsequently revealed that certain sections of the connecting alley system are actually located on privately-owned properties; residents on Tomi lane and owners of other Iota in the adjacent area have to guarantee that unrestricted public access can be maintained across the existing alignment of the connecting alleys between their properties and 14th Street, S. E.; property owners have agreed to dedicate certain parcels of land to the City for public right-of-way purposes in order to establish a proper and improved public right-of-way in and through the community and effect the closure and vacation of the undeveloped section of 13th Street, S. E.; the alley system should be realigned and upgraded to at least a rural street standard and reclassified on all official maps of the City as a public street; and realignment, widening 318 and paving of certain sections of essential right-of-way and closure and vacation of other unneeded sections of undeveloped (paper) rights-of- way will be necesesry to correct existing public access preblems in the area. The City Manager recommended that Council concur in the following corrective measures: Accept the dedication and conveyance of certain parcels of land for public right-of-way purposes; Provide for preparetion and execution of an appropriate subdivision plat for said division and dedication of such preperiies; File necessary applications to close and vacate 13% Street, S. E.; Upon completion and resolution of the actions described in the above subsections, appoint an officer to review the abut~ng properties to determine if any damages are likely to accrue upon any of the abutting properties; and If it is determined that no damages are likely to accrue upon any such abutting properties, to thereafter direct City forces to realign, widen and pave the subject sections of Tomi Lane, S. E., and the existing connecting alley system and to reclassify the existing alley system as a public street on all official maps of the City. If any one or more of the above-cited corrective measures cannot be carried out or completed within a period of two yeare from the date of the ordinance effecting this authorization, said ordinance shall become null and void with no further action by Council being necessary. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: 319 ACTION: (~3551-081897) A RESOLUTION authorizing the City Manager to undertake certain corrective measures for the realignment and reconstruction of Tomi Lane, S. E., and certain connecting alleyways, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 60, page 130.) Mr. Trout moved the adoption of Resolution No. 33551-081897. The motion wes seconded by Mr. Harris and adopted by the following vote: AYES: Council Mambere Wyatt, Harris, Psrrott, Swein, Trout and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) CITY CODE-BUILDINGS/BUILDING DEPARTMENT-HOUSING/ AUTHORITY: The City Manager submitted a written report advising that the Virginia Uniform Stetowide Building Code (USBC) prescribes required standards for construction and maintenance of buildings; the USBC is amended from time to time by the Board of the Department of Housing and Community Development, which has adopted all of the current Building Officials and Code Administrators International, Inc., (BOCA) model codes with amendments, to comprise the USBC; enforcement of the Virginia Uniform Stetowide Building Code by the City is mandatory, except for the Property Maintenance Code portion, which the City has chosen to enforce; and several sections of Chapter 7, Buildinu Reu_ulation~, of the Code of the City of Roanoke (1979), as amended, need revision or deletion because they either are addressed by the current version of the USBC, need to be made consistent with the USBC, or have been assumed by the Virginia Department of Professional and Occupational Regulations, e.g., testing and certification of contractors and tradesmen. The City Manager recommended that Council amend Chapter 7, Buiidinu_ Reuulations. of the Code of the City of Roanoke (1979), as amended, in order to be consistent with the Code of Virginia (1950), ss amended. (For full text, see report on file in the City Clerk's Office.) 320 ACTION: Mr. Harris moved that the following ordinance be placed upon its first reading: (~33552) AN ORDINANCE repealing Chapter 7, _~ ~ of the Code of the City of Roanoke (1979), as amended, and enacting new Chapter 7, Buildin0 Re_,ulations. to provide for regulations relating to the construction, alteration or repair of buildings or structures within the City; and to provide for a rental certificate of compliance program; end providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 60, page 138.) The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers.. 6. NAYS: None (Council Member White was abeenL) YOUTH-JU.V..ENILE CORRECTIONAL FACILITIES-CONSULTANTS REPORTS: The City Manager submitted a written report advising that on June 14, 1993, Council awarded a full services contract to Hayes, Seay, Mattom & Mattsrn, Inc. (HSMM), for alterations and additions to the Roanoke Juvenile Detention Home, at an estimated cost of construction in June 1993 of $2,590,320.00. It was further advised that the Department of Youth and Family Services was the regulatory body in 1993; since that time, the Department of Youth and Family Services has become the Department of Juvenile Justice (DJ J) and has developed a revised list of construction changes, especially in remodeling the existing building; in addition, the following has contributed to cost escalation: (t) changes in 1993 schematic plan, and (2) several facilities have been built in the Stats since the original design, the results of which show a significant increase in cost of constructing juvenile detention homes; estimated cost of the detention facility as of July 1997 totals $4,041,000.00; cost associated with construction of the facility, including design, will be reimbursed up to 50 par cent of the total cost; 321 ACTION: fee for full services, after negotiation with Hayes, Sesy, Mattorn & Mattern, Inc., is $415,000.00; a planning study wee approved by the Depa,~,,,ent of Juvenile Justice at its Board meeting on July 16, 1997; and contract documents need to be prepared in order to bid thai project as soon as possible. The City Manager recommended that he be authorized to issue Amendment No. 1 to the design contract with Hayes, Sesy, Mattom & Mattern, Inc., in the amount of $138,010.00, for a total design fee of $4t0,000.00 and establish a project contingency of $5,000.00, for a total of $415,000.00. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (~33553-081897) A RESOLUTION authorizing execution of an amendment to the City's contract with Hayes, Sesy, Mattarn & Mattsm, inc., for additional services in connection with the alterations and additions at the Roanoke Juvenile Detention Home. (For full text of Resolution, see Resolution Book No. 60, page 131.) Mr. Harris moved the adoption of Resolution No. 33553-081897. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Membere Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers NAYS: None 0. (Council Member White was absent.) BUDGET-CMERP-FLEET MANAGEMENT-EQUIPMENT-PUBLIC WORKS: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need to replace a truck mounted asphalt tar distributor and a four-six ton asphalt roller in the Streets Department; whereupon, the City Manager recommended that Council appropriate $95,068.00 from Prior Year Capital Maintenance and Equipment Replacement 322 ACTION: Program to Transfer to Fleet Management Account No. 001-004-9310- 1~506, appropriate $95,068.00 in Fleet Management Vehicular Account o. 01;'-052-2642-9010, and establish a revenue budget of $95,068.00 in Fleet Management Transfer from General Fund Account No. 017-020- 12344)951. (For full text, see report on file in the City Clerk's Oft]ce.) Mr. Harris offered the following emergency budget ordinance: (~t33554-081897) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Fleet Management and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 131.) Mr. Harris moved the adoption of Ordinance No. 335544)81897. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers. 6. NAYS: None 0. (Council Member White was abeenL) .POLICE DEPARTMENT.CI .TY EMPLOYEES: The City Manager submitted a written report advising that polygraph examiners must receive formal training and .participate in an intern program to comply with the Virginia State Code, a polygraph examiner candidate will need approximately five years of training and exDerience be~,~ p ofic,ent, the C,ty must invest approx, matoly $9,400.00 ,nto the trainin, g of a polygraph examiner before a return is realized. ::;omr,ner training .is .a skill wh,ch is marketable to' cement agenc,es, an officer who was trained .a.s a polygraph examiner, without an em. ployment contract, le? the Pohce .Department for other employ, ment w,thin two years of receiving his tre,ning; .a. nd.a polygraph exam,ner employment agreement wall ensure that the City ,s reimbursed on a pro-rate.d, basis .f.o.r. the cost of the training if the employee leaves the depal b,,ent w~th,n five years. 323 ACTION: The City Manager recommended that Council concur in the following actione: Authorize the City Attorney to approve as to form an employment agreement which will equitably protect the City'e financial investment in training; and Authorize the City Manager to execute said employment agreement prior to polygraph examiner training. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (~33555-081897) A RESOLUTION authorizing the City Manager to execute an employment agreement to provide for polygraph examiner training. (For full text of Resolution, see Resolution Book No. 60, page 133.) Mr. Harris moved the adoption of Resolution No. 33655-081897. The motion wes seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swein, Trout and Mayor Bowers.. I;. NAYS: None (Council Member White was absent.) BUDGET-CITY EMPLOYEES-GRANTS-YOUTH: The City Manager submitted a written report advising that on June 17, 1980, a grant was first officially awarded to the City under the Virginia Delinquency Prevention and Youth Act, to provide programs and activities to Roanoke's youth and their families in the areas of prevention and intervention; and the fiscal year t997-98 yout~ grant application wes submitted to the Depa~b,ent of Juvenile Justice in June 1997, which grant will provide for continuation of coordinated planning and program implementation of the Office on Youth, with a grant budget totalling $66,788.00. 324 ACTION: The City Manager recommended that Council authorize 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, in a form to be approved by the City Attorney; Appropriate $65,788.00 to revenue expenditure accounts to be eeteblished in the Grant Fund by the Director of Finance for the program, $32,518.00 will be funded by the Stete Department of Juvenile Justice and $34,270.00 will be funded through local match; and Transfer $4,642.00 from General Fund Contingency Account No. 001-002-9410-2199 to Grant Fund Account No. 001-004-9310-9535, (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (~33556-081897) AN ORDINANCE to amend ---' ,,u ruur.ual, n certain sections of the 1997-98 General and Grant Fund Appropnations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 133.) Mr. Harris moved the adoption of Ordinance No. 33556-081897. The motion was seconded by Mr. Swain and edoptad by the following vote: Mayor Bowers.. NAYS: None (Council Member White was abeenL) Mr. Harris offered the following resolution: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and 325 ACTION: (~33557-08t897) A RESOLUTION authorizing acceptance of a grant from the Virginia Depa,~,,,ent of Juvenile Justice on behalf of the City to continue coordinated planning end 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. 60, page 135.) Mr. Harris moved the adoption of Resolution No. 33557-081897. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) CITY ATTORNEY: ELECTIONS-COUNCIL: The City Attorney submitted a written report advising that at the City Council work session held on August 12, 1997, Council completed its work with respect to the proposed modified election district plan and agreed to a referendum on November 4, t997; and Council also agreed to the specific language of a proposed Charter amendment that will be the subject of the referendum, the question to be placed on the ballot at referendum, and a map of the proposed five election districts for the election of members of City Council. The City Attomey further advised that in accordance with a proposed resolution, Council may formalize its decisions previously made by motions adopted at the Council work sessions on July 15, July 29, and August 12, 1997, which resolution also authorizes the City Attomey to file a motion with the Circuit Court for the City of Roanoke requesting that the Court enter an order, pursuant to Section 24.2-684, Code of Virginia (1950), as amended, directing that a referendum be 326 ACTION: held on November 4, t997; and he will seek Department of Justice pre- clearance under the Voting Rights Act ss to the date and procedures & relating to the roferandum. I (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (~33543-081897) A RESOLUTION approving the language of a proposed new ~4.1 of the Roanoke Charter of 1952 providing for the election of members of City Council under a modified election district system; approving a map establishing the boundaries of five proposed election districts for the election of members of City Council; directing and providing for the holding of an election in the City to determine whether the qualified voters of the City desire that the City Council request the General Assembly to amend the Roanoke Charter of t952 to include the proposed new ~4.1; directing the City Attorney to take any and all required action to implement the election requested by this Council; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 60, page 116.) Mr. Swain moved the adoption of Resolution No. 335434)81897. The motion was seconded by Mr. Trout and adopted by the following vote: Mayor Bowers.. NAYS: None. (Council Member White was abeenL) REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 327 ACTION: INDUSTRIES-LEASES-MARKET SQUARE PARKING GARAGE: Ordinance No. 33542 authorizing extension of the lease agreement between the City and Orvis Roanoke, Inc., for the premises located in the Market Square Parking Garage building, upon certain terms and conditions, for a period of five years from September 1, 1997 to August 31, 2002, at a base monthly rent of $779.45, with an annual adjustment based upon the Consumer Price Index, plus a percentage of sales, having previously been before the Council for its first reading on Monday, August 4, 1997, 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: e (#33542-081897) AN ORDINANCE authorizing extension of the lease agreement between the City and Orris Roanoke, Inc., for the premises located in the Market Square Parking Garage building, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 116.) Mr. Swain moved the adoption of Ordinance No. 33542-081897. The motion was seconded by Mr. Parrott and adopted by the following vota: ACTION: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 6. NAYS: None (Council Member White was absent.) DECEASED PERSONS-SCHOOLS: Mr. Parrott offered the following resolution memorializing the late William W. Field, Jr., a distinguished educator and community leader, who passed away on August 2, 1997: (#33558-081897) A RESOLUTION memorializing the late William W. Field, Jr. (For full text of Resolution, see Resolution Book No. 60, page 135.) Mr. Parrott moved the adoption of Resolution No. 33558-081897. The motion was seconded by Mr. Swain and adopted by the following vota: 328 ACTION: ACTION: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers- ~" I NAYS: None.. O. (Council Member White was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: COMPLAINTS-BRIDGES-COUNCIL.CITY EMPLOYEES-NORFOLK SOUTHERN CORPORATION-STREETS AND ALLEYS: Council Member Swain commended Norfolk Southern and City employees on imp. rovements in the 24th Street, N. W. area. He suggested tha.t the C!ty rev,ew the criteria used by Norfolk Southern in connection ~nth future underpass inspections and that the City periodically monitor the condition of the 24th Street/Shaffers Crossing Underpass. He expressed concern with regard to electrical wires/cables, and suggested that they be identified as Iow voltage, high voltage, etc. Without objection b.y. Council, the Mayor advised that the matter I would be referred to the C;ty Manager for appropriate response. ACTS OF ACKNOWLEDGEMENT-HIGHER EDUCATION CENTER: Vice-Mayor Wyatt commended the City on becoming a key player in making the Downtown Higher Education Center a reality. COMPLAINTS-COUNCIL-EMERGENCY SERViCES.BLUE CROSS/ BLUE SHIELD: Vice-Mayor Wyatt referred to a telephone call she received from a citizen expressing concern that Trigon Blue Cross Blue Shield does not recognize the City's E-911 emergency service as a participating provider. Without objection by Council, the Mayor advised that the matter would be referred to the City Manager for appropriate response. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 3:05 p.m., the Mayor declared the meeting in recess. 329 ACTION: ACTION: At 4:23 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member White. COUNCIL: With respect to the Executive Session just concluded, Mr. 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 Vi~inis F~cdom 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. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 6. NAYS: None 0. (Council Member White was abeenL) OATHS OF OFFICE-COMMITTEES-TOTAL ACTION AGAINST POVERTY: The Mayor advised that the term of office of Vice-Mayor Linda F. Wyatt as a City representative to the Board of Directors of Total Action Against Poverty will expire on August 31, 1997, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Vice-Mayor Linda F. Wyatt. There being no further nominations, Vice-Mayor Wyatt was reelected as the City's representative to the Total Action Against Poverty Board of Directors, for a term ending August 3t, 1999, by the following vote: FOR VICE-MAYOR WYATT: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 6. (Council Member White was absent.) At 4:25 p.m., the Mayor declared the meeting in recess until 7:00 p.m. 330 On Monday, August 18, 1997, at 7:00 p.m., the Roanoke City Council reconven, ed in regular session in the City Council Chamber, ! fourth floor,. Mumcipal Building, 2t5 Church Avenue, S. W., City of Roanoke, w~th the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout and Mayor David A. Bowers.. 6. ABSENT: Council Member William White, Sr. In~ OFFICERS PRESENT: W. Robert Herbert, City Manager; Iburn 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 Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT-YOUTH: The Mayor presented Executive Glasses to members of the Roanoke Stars AAU 10 and Under Basketball Team, in connection with outstanding accomplishments in Regional, State and National competitions. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY EMPLOYEES-AFFIRMATIVE ACTION: Angela E. Norman, 1731 Michael Street, N. W., a City employee, having previously placed a communication on the agenda to address concerns relating to Affirmative Action in the City of Roanoke, the City Clerk advised that Ms. Norman had requested that the matter be deferred until the regular meeting of Cp. uncil on Monday, September 15, 1997, at 7:00 p.m. Council concurred in the request, 331 CITY CODE-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, Auguat 18, 1997, at 7:00 p.m., or as soon thereafter aa the matter may be heard, to consider a propoaed amendment to Section 36.t-428, of Chapter 36.1, ~ Code of the City of Roanoke (t979), aa amended, by creating an item (3) relative to restricting the number of ungareged motor vehicles that may be parked or stored on a lot in the RS-3, Residential Single-family District, the matter was before the body. The proposed amendment would provide as follows: "The owner of any lot which is zoned RS-3 may not regularly perk or store, or permit the parking or storage of, more that five (5) motor vehicles on said lot, outside of a garage, building or accessory structure, except that one (1) additional motor vehicle shall be permitted for each additional bedroom over three (3)." Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, July 31, 1997, and Thursday, August 7, 1997, and in the Roanoke Tribune on Thursday, August 7, t997. (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 proposed ordinance amendment is to limit the number of ungaraged operative motor vehicles that can park on a lot in the RS-3, Residential Single Family District, was before Council. The Planning Commission recommended that Council approve the proposed amendment, and advised that the amendment provides for a reasonable number of motor vehicles which could be parked on a lot within the City's RS-3, Residential Single Family zoning district, while preventing a potential source of blight in residential neighborhoods. (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: 332 "AN ORDINANCE amending and reordaining Section 36.1- 428, ~, by the addition of new subsec~on (d), of Divis,on 2,. Off-Street Parkina and Lo.a.d~na il }~;IUiE~/l~lt~ of Article IV, SuD~ismentaw Reaula~¢p~ - of Chapter 36.1, ~ of the Code of the City of Roanoke (1979), aa amended, to regulate the parking of vehicles on private property in the RS-3, Residential Single Family District." The motion was seconded by Mr. Swain. Mr. Parrott offered a subsidiary motion that the matter be referred back to the City Planning Commission for further study, report and recommendation to Council. The motion was seconded by Mr. Swain. The Mayor advised that approximately 25 persons had signed up to address Council, and inquired if any of the speakers would like to be heard this evening in view of the fact that a motion was on the floor to refer the matter back to the City Planning Commission for further study, report and recommendation; whereupon, a number of persons indicated a desire to be heard at this time. Mr...Harris offered a subsidiary motion that the public hearino be I tabled until conclusion of the five public hearings previously liste~ on ' the Council agenda. The motion was seconded by Ms. Wyatt and adopted. ELECTIONS-SCHOOLS: The City Clerk having advertised a public hearing for Monday, August 18, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the Roanoke City Electoral Board with regard to the proposed temporary relocation of the polling place for Raleigh Court No. 2 Precinct from Woodrow Wilson Middle School to Roanoke Church of Christ, located at 2606 Brandon Avenue, S. W., for the November 4, 1997 and May 5, 1998 general elections, and any primary or special elections required dudng the t997-1998 school year only, the matter was before the body. Legal advertisement of the public hearing was published in The ~ on Monday, August 4, 1997, and Monday, August 11, 1997, and in the ~ on Thursday, August 7, 1997. (See publisher's affidavits on file in the City Clerk's Office.) 333 Mr. Trout offered the following emergency ordinance: (~33559-081897) AN ORDINANCE temporarily changing the polling place for Raleigh Court No. 2 Precinct from Woodrow Wilson Middle School to Roanoke Church of Christ, 1606 Brandon Avenue, S. W.; providing for an emergency and an expiration date for this ordinance. ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 137.) Mr. Trout moved the adoption of Ordinance No. 33559.081897. 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. There being none, Ordinance No. 33559-08189? was adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 6. NAYS: None · O. (Council Member White was absent.) VIRGINIA TRANSPORTATION MUSEUM-STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 18, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the Virginia Museum of Transportation, Inc., that a section of Norfolk Avenue, S. W., beginning at the easterly intersection of Third Street and Norfolk Avenue, and running in an easterly direction to Second Street and the Second Street Bridge, terminating at the southeasterly comer of the Virginia Museum of Transportation building noted as the "2 Street Brick Office Building" and the northeasterly comer of Official Tax No. 1010206, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing ~_as published in The Roanoke Times on Thursday, July 31, 1997, and Thursday, August 7, 1997, and in the ~ on Thursday, August 7, 1997. (See publisher's affidavits on file in the City Clerk's Office.) 334 A report of the City Planning Commission advising that the applican, t desires to use.one-half of the street right-of-way f. ora I pedestrian plaza which mil connect with the City's proposed I,neer railwalk; the application states that the remaining one-half of the street right-of-way will be used by the only other abutting property owner, The Roanoke Times. for delivery truck and emergency vehicles; the Virginia Museum of Transportation, Inc., and ~ are the only owners of property abutting the abovedsscribed section of Norfolk Avenue; and the application further stetes that both property owners are in agreement on the proposed closure of this section of Norfolk Avenue, was before Council. The City Planning Commission recommended that Council approve the request, subject to the following conditions: The applicant shall submit to the City, receive approval thereof, and record in the Office of the Clerk of Circuit Court, a subdivision plat providing for the following: Combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in · manner consistent with law. Retention of appropriate easements, fogether with the right of public passage over same for surface and subsurface installation, and maintenance of any and all utilities that may be located within the right-of-way. If the above conditions have not been met within a period of t2 months from the date of adoption of the ordinance providing for closure of the subject right-of-way, said ordinance shall be null and void with no further action by Council being necessary. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the following ordinance be placed upon its first reading: 335 (#33560) 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. 60, page 15t.) The motion wes seconded by Ms. Wyatt. Katherine F. Houck, Executive Director, Virginia Museum of Transportation, Inc., appeared before Council in support of the request. The Mayor inquired if there were persons present who would like to address Council with regard to the request. There being none, Ordinance No. 33560 was adopted, on its first reading, by the following vote: AYES: Council Membere Wyatt, Harris, Parrott, Swein, Trout and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) ZONING: Pursuant to Rseolut~on No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 18, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Lawrence H. Logan, Sr., to amend proffered conditions presently binding on a tract of land located at 701 Salem Avenue, S. W., Official Tax No. 1111118, previously conditionally rezoned pursuant to Ordinance No. 32953- 060396 adopted on June 3, 1996, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Tim~ on Thursday, July 31, 1997, and Thursday, August 7, 1997, and in the J~ on Thursday, August 7, 1997. (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 to amend proffered conditions is to expand the list of uses permitted in connection with the existing commercial structure and to eliminate the reversion clause; and the original rezoning request, which wes approved by Council in June 1997, placed 336 an existing nonconforming commercial structure into a zoning classification which would permit the use of said structure as a neighborhood convenience store with a second-floor dwelling, was before Council. The Planning Commission recommended that Council approve the request to amend the proffered conditions, advising that expansion of the list of CN uses permitted on the property is reasonable and allows for reuse of the existing commercial structure. (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: "AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 111, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned CN, Neighborhood Commercial District." The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to address Council with regard to the matter; whereupon, Roy B. Creasy, Attorney, advised of the filing of an amended petition for rezoning, and requested that the matter be referred back to the City Planning Commission for further study, report and recommendation to Council. The City Attorney advised that following the City Planning Commission public hearing on July 2, 1997, an amended petition for rezoning was filed by the attorney on behalf of the petitioner which expands and makes the rezoning more intense, and the amended petition has not been considered by the City Planning Commission; therefore, the matter is not properly before the Council. Mr. Trout offered a subsidiary motion that the matter be referred back to the City Planning Commission for further study, report and recommendation to Council. The motion was seconded by Mr. Swain and adopted. I 337 ACTION: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, t981, the City Clerkhaving advertised a public hearing for Monday, August t8, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of H. P. Properties and Coots-Ward Management Co., to amend proffered conditions preaentJy binding on · tract of land, more specifically described as Lot 1 - 3, inclusive, and a .125-acre tract of land, all of which are shown on a plat of subdivision filed with the Office of the Clerk of the Circuit Court, and being a por'don of a larger tract of land located at 1930 Electric Reed, S. W., (formerly known as 1910 McVitty Reed, S. W., Official Tax No. 5100809), now a portion of Official Tax No. 5090209, previously conditionally rezonsd pursuant to Ordinance No. 32657-092595 adopted on September 25, 1995, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Tiql~ on Thursday, July 31, t997, and Thursday, August 7, 1997, and in the I~iDgkLT~ibuI~ on Thursday, August 7, 1997. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Comm,ssion advising that the purpose of the request is to amend proffered condi~ons to allow for expansion of an existing commercial office building located on Lot I-A, Sugarleef Crossing, previously having been a portion of Official Tax No. 5090209, was before Council. The Planning Commission recommended that Council approve the request, and advised that the proposed amendment to proffered conditions will allow for expansion of an existing commercial office building without any detrimental impact on the adjacent residential neighborhood. (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: (~33561) AN ORDINANCE to amend ~36.1-3 and 36.1~,, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 510 and 509, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain 338 conditions presently binding upon certain property previously conditionally zoned CN, Neighborhood Commercial District. (For full tsxt of Ordinance, see Ordinance Book No. 60, page 153.) The motion was seconded by Mr. Swain. Nell E. McNally, Attomey, appeared before Council in support of the request of his client. The Mayor inquired if there ware persons present who would like to address Council with regard to the request. There being none, OrdinanCe No. 33561 was adopted, on its first reading, by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 6. NAYS: None... (Council Member Wttits was absenL) STREETS AND ALLEYS: Pursu..ant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 18, 1997, at 7:00 p.m., or as soon thereafter as the mattsr may be heard, on the request of the City of Roanoke that a portion of Ferdinand Avenue, S. W., between Mountain Avenue and Elm Avenue; and a section of Eighth Street, S. W., between Elm Avenue and Day Avenue, be closed and discontinued by barricade, the matter was before the body. Legal advertisement of the public hearing was published in The ~JIDg~_~ on Thursday, July 31, 1997, and Thursday, August 7, 1997, and in the BgJDgY~.Tj~II~ on Thursday, August 7, 1997. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that alteration, by closure, of Ferdinand Avenue, S. W., at its intersection with Elm Avenue, and a section of the easterly side of Eighth Street, would enable the City to design and install an effective traffic signal at the intersection, was before Council. 339 The Planning Commission recommended that Council approve the request, subject to the following conditions: The applicant shall submit to the Depa,'b,,ent of Planning and Community Development and receive approval of a design plan for constnJction of the proposed cul-de-sac at the terminus of Ferdinand Avenue, S. W., providing for the following: Proper and safe access for any and all affected properties; Proper and safe access for all pedestrian and bicycle fraffic; and Appropriate landscaping plan. If the above conditions have not I:ccn met within a period of one year from the date of the ordinance affecting such closures, said ordinance shall become null and void with no further action by Council being necessary. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the following ordinance be placed upon its first reading: (#33562) AN ORDINANCE authorizing the alteration and closing by barricade of certain public rights-of-way in the City of Roanoke, Virginia, as am more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 60, page 155.) The motion was seconded by Mr. Swain. John R. Marlles, Agent, City Planning Commission, 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 matter. There being none, Ordinance No. 33562 wes adopted, on its first reading, by the following vote: 340 AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Boware 6. NAYS: None.. 0. (Council Member White was abeenL) ACTION: ZONING: Ms. Wyatt moved that the public hearing with regard to a proposed amendment to Section 36.1-128, of Chapter 36.1, Zoning, Cede of the City of Roanoke (t 979), as amended, by creating an item (3) relative to restricting the number of ungaraged vehicles that may be parked or stored on a lot in the RS-3, Residential Single-Family District, be taken from the table for public hearing. The motion was seconded by Mr. Trout and adopted. (See page 33.) The proposed ordinance having previously been offered by Mr. Trout, seconded by Mr. Swain, and the title paragraph having been read by the City Clerk, the matter was again before the body. The Mayor advised that 25 persons had registered to speak on the matter; whereupon, he requested that each speaker limit their remarks to three minutes. Michael F. Urbanski, 2108 Mount Vernon Road, S. W., President, Greater Raleigh Court Civic League, advised that on behalf of the neighborhood association, he has supported passage of the ordinance presently before Council on several occasions. He called attention to a residence in the Raleigh Court area where there are approximately ten care, ungaraged, which presents an eyesore to the entire neighborhood and creates a safety hazard. He stated that the City of Roanoke currently has no effective means to deal with the problem and it appears that the proposed ordinance will provide a reasonable balance. He expressed concern with regard to safety issues and a decrease in property values, and for those reasons, the Greater Raleigh Court Civic League is in favor of the proposed ordinance, or any ordinance that will impose reasonable limits on the number of ungaraged vehicles in the City of Roanoke. 341 Mr. Douglas M. Gimbert, 1534 Seibel Drive, N. E., advised that enacting an ordinance that places restrictions *on the entire City ia unfair. He stated that it is unconstitutional to penalize all sections of the City of Roanoke because of a problem that exists in the Raleigh Court area. Ms. Donna D. Haley, 315 King George Avenue, S. W., advised that aa a member of the Roanoke Valley Moper Club, she takes issue with the proposed ordinance because it limits the number of vehicles to five per household. She questioned how the proposed ordinance will affect family gatherings when there are more than five vehicles parked on an individual lot. She inquired if the ordinance also includes motorized wheslchaire and other equipment for the disabled, lawn tractors and other yard care equipment, and go-carts and other recreational vehicles. She stated that the ordinance will limit collectors of antique vehicles, and advised that older vehicles are a part of American history and young people should be permitted to see antique care firsthand to witness the progress that has taken place over the years. Mr. Dennis W. Sink, 1113 13th Street, S. E., called attention to certain areas of the City where the zoning classification will not permit the construction of a garage. He questioned how the City could legally place a limit on the number of vehicles per household if an owner insures their vehicles, pays taxes, and purchases a City and State decal. He asked that the City take into consideration the amount of revenue that will be lost if the number of vehicles per household is limited. John H. Kennett, Attorney, representing Dr. James W. Farley, 2429 Mount Vernon Road, S. W., advised that under the Dillon Rule, the City cannot regulate vehicles unless they are considered to be inoperative. He advised that if the proposed ordinance is adopted, the vehicles parked in Dr. Farley's property will be grandfathered, therefore, the concerns of Raleigh Court residents will not be addressed. He explained that if the ordinance is adopted, citizens throughout the City will be penalized because of problems experienced in Raleigh Court. Mr. William T. Cox, 222 Wentwof::, Avenue, N. E., advised that citizens are concerned not because Council could pass an ordinance limiting the number of ungsreged vehicles to five, but that Council would adopt an ordinance limiting the number of legally operating 342 vehicles in accordance with Commonwealth of Virginia laws. He further advised that the City is overstepping its bounds and asked why the entire City should have to acquiesce to an elite, well connected group with access to City government. He called attention to safety hazards as a result of vehicles parking on the street, difficulty with snow removal equipment maneuvering in and out of streets, and the inability of rescue vehicles to move freely as needed. He stated that cynicism is at an all time high in the political arena, and asked that Council consider the views of all citizens of Roanoke and not an elite few. Mr. Ronald L. Bowles, 3449 Norway Avenue, N. W., requested that Council consider the fact that vehicles provide the City with personal property tax revenue, and when Council makes its decision, it should remember that enacting the proposed ordinance will regulate personal property. He advised that the proposed ordinance will also limit the rights and h~doms of individual citizens, and the expense of owning a vehicle such as taxes, licensing and maintenance, etc., has more than regulated the number of vehicles that a citizen can afford to own. Therefor, he stated that the City should not further regulate the ownership of vehicles, and spoke to the unfairness of imposing regulations City-wide because of a problem in one specific neighborhood. Ms. Diane U. Bowles, 3449 Norway Avenue, N. W., advised that problems currently exist in some areas of the City where vehicles ars allowed to park on the streets, and if the proposed ordinance is adopted, it will lead to more off-street parking and create a safety hazard for ingress and egress by emergency vehicles. Mr. Artis A. Jacobs, 202 Crittandon Avenue, N. E., advised that in order to construct a garage in certain areas of the City, a property owner must obtain the approval of the Board of Zoning Appeals. Mr. Jerry W. Hubbell, 3936 Richard Avenue, N. E., expressed concern that the entire City will be restricted because of a problem in the Raleigh Court area. He inquired if City government regulates the number of vehicles per household, will the City eventually regulate other personal property. He advised that the proposed ordinance is a form of oppression. Mr. Norman A. Altizer, 2638 Idlewild Boulevard, N. E., inquired as to how the youth of today will be educated about vehicles of past eras if citizens ars restricted as to the number of ungaraged vehicles they 343 may own. He advised that most young people look for inexpensive cars, and if vehicles that am perked in backyards are prohibited, older cars will be eliminated, and there will be no history for Roanoke's youth. Mr. Henry A. Trail, 3052 Parham Drive, S. E., representing Mr. Henry Wallace, 4655 Long Acre Drive, N. E., who was unable to attend the meeting, advised that an outetending number of persons have spoken against the proposed ordinance because it will limit the right of ownership of personal property. He explained that the average citizen works over three months per yssr jost to pay taxes, and the City now proposes to limit expendable income by dictating how a citizen can spend his or her money. He advised that the proposed ordinance would be detrimental to the happiness of many citizens of Roanoke who take pride in the number of vehicles they own. Edward W. Mooneyham, 606 Albemarle Avenue, S. E., President of the Roanoke Valley Moper Club, called attention to the injustice of the proposed ordinance. He stated that the question is a mattar of freedom, freedom to address City Council, and freedom to own an unspecified number of vehicles. He called attention to the unfairness of penalizing the entire City because of problems in the Raleigh Court area. Mr. Charles W. Hancock, 1016 Estates Road, S. E., advised that he owns ten cars and a motorcycle, some garaged and some ungaraged, and under any scenario that would satisfy the proposed ordinance, vehicles will be parked on the streets which will create problems regarding public safety, snow removal, and ingress and egress of emergency vehicles, etc. He called attention to the importance of preserving old vehicles for the sake of history, and requested that Council give serious consideration to the matter and deny the ordinance as drafted. Mr. Victor L. Bradshaw, 811 Riverdale Road, S. E., advised that it is as much his right to own vehicles as it is to own firearms, and requested that Council vote against the proposed ordinance. Mr. Ben A. Burch, III, 923 Curtis Avenue, N. W., advised that if vehicles are parked on the streets, there could be problems with regard to ingress and egress by emergency vehicles and refuse collection 344 activities. He requested that Council deny the proposed ordinance and not penalize the entire City because of problems that exist in the Raleigh Court neighborhood. ,I Mr. Mark A. Gimbert, 1742 Plantation Road, N. W., advised that the issue is about a few people in one area of the City who are trying to dictate the personal rights of others. He stated that not all citizens can afford to build a garage, and zoning restrictions in some areas of the City will not permit construction of a garage. He noted that car covers could be used to address unsightliness. Mr. Phillip P. Wright, 1646 Center Hill Drive, S. W., advised that the proposed ordinance should be amended to authorize the City of Roanoke to bring to bey an abusive citizen who would fly in the face of his or her neighbors and would knowingly leave their junk or abandoned vehicles on lots in a residential neighborhood. He commended Dr. Farley on the condition of his vehicles and the condition of his property. Mr. John R. Graybill, 2443 Tillett Road, S. W., advised that he was unsure if five ungaraged vehicles is the correct number; however, an ordinance is needed to control the number of vehicles in the same manner that the City controls other issues. Mr. William R. Klein, 1724 Wilbur Road, S. W., advised that he is not opposed to Dr. Farley's antique cars, however, the neighborhood has become unsightly because of the number of vehicles that are visible from the street. He expressed appreciation to Council for its concem about the Raleigh Court neighborhood. Mr. T. Dalton Miller, t014 Oakwood Drive, S. W., advised that he lives in the adjacent neighborhood to Mount Vernon Road and expressed opposition to excessive parking of ungaraged vehicles in a residential neighborhood, such as those currently parked in the yard of a vacant house located at 2529 Mount Vernon Road, S.W. He urged that Council adopt legislation to restrict the number of ungaraged vehicles per household. Mr. James T. Bagbey, 23t9 York Road, S. W., advised that he favors residential areas remaining residential, and expressed concern about the future of a residential area if an excessive number of vehicles ara allowed to be parked at private residences. 345 Mr. Hubert Sydenstricker, 2513 Mount Vernon Road, S. W., advised that approximately one year ago, he requested that an ordinance be adopted to limit the number of ungaraged vehicles per residence in a residential area, and urged that Council adopt the proposed ordinance. He explained that the proposed ordinance effects the RS-3, Residential Single-Family District, only and not the entire City. Mr. Michael N. Etchemendy, 2501 Mount Vernon Road, S. W., advised that he lives across the street from Dr. Fariey'e p~operty, and Dr. Farley'e hobby of parking as many as t2 vehicles on his property is decreseing property values in the neighborhood. He asked that Council think in terms of excess, because excess in anything is not good, therefor, limitations should be imposed. He stated that it is questionable if a five-vehicle limit is a good number, there should be further review of the matter, and once limitations have been established, Council should adopt an ordinance that will save the neighborhood from an excess that is decreasing property values. In a discussion of the matter by Council Members, the following observations were made: If vehicles beyond the five-car limit are-parked on the street, there will be an increase in the number of automobiles in every RS-3 zoned neighborhood. Freedom means owning as much personal property as a citizen can afford so long as the property is maintained, and the City should not take away that privilege. The proposed ordinance will not solve the situation in Raleigh Court, because the problem appears to be between neighbors, and if the ordinance is adopted, citizens throughout the City of Roanoke will be penalized. There are two legitimate issues, viz: neighborhood concerns, and those citizens who maintain their property and vehicles and pay personal property taxes, and they should be able to enjoy the use of their property. The question is not the ownership of vehicles, but the location of the vehicles. There should be aJimitation, but five ungaraged vehicles may not be the correct number, and the matter deserves further study. 346 Following discussion, Mr. Parrott withdrew his motion to refer the matter beck to the City Planning Commission for further study, report and recommenda~on to Council. Mr. Swain withdrew his second to the motion. The proposed ordinance was defeated by the following vote: AYES: Nono 0. NAYS: Council Members Harris, Parrott, Swain, Trout, Wyatt and Mayor Bowers 6. (Council Member White was absent.) Mr. William T. Cox, 222 Wentworth Avenue, N. E., presented petition signed by approximately 800 citizens requesting that Council not regulate the number of properly licensed vehicles per household in the City of Roanoke. He inquired if and when the matter will be addressed by Council in the future. At the request of Council, the City Attorney addressed the public participation process in regard to Zoning Ordinance amendments. He advised that the Zoning Ordinance .cannot be amended without advertising for and holding public heenng; therefor, before the matter could again be addressed by Council, a public notice must be advertised in a newspaper of general circulation in the City once a week for two successive weeks with regard to a public hearing before the City Planning Commission, and the same type of legal advertising would occur before the matter could again be heard by City Council. He explained that there would be no less than four public notices and two public hearings before any action could be taken under any circumstance. Mr. Cox inquired if zoning can be used to legislate aesthetics; whereupon, the Mayor requested that the City Attorney discuss the question with Mr. Cox. OTHER HEARINGS OF CITIZENS: COMPLAINTS-REFUSE COLLECTION: Mr. Phillip P. Wright, 1646 Centerhill Drive, S. W., expressed concern regarding the 95-gallon garbage containers that were recently distributed to residents of certain areas of the City in connection with the City's new one-arm bandit 347 refuse collection program. He advised that the City's refuse collection and recycling programs have operated efficiently in the past. He expressed concern for retired citizens who could have difficulty maneuvering the container up steep inclines on a weekly basis, all for the convenience and economic rewards that the program is purported to generate to the City. The City Manager advised that the proposed new refuse collection program was addressed as a part of two City operating budgets. He stated that if there are citizens who are unable to push their container to the curb, refuse collection personnel will render assistance, and a smaller unit is available for citizens who would prefer a 65-gallon container. He advised t~at the proposed new program will generate approximately $1.2 million in annual operating savings to the City, which Council has agreed to reinvest in debt service for a number of public projects including storm drains, highway projects, schools, etc. He advised that 26 organized neighborhoods participated in the process to discuss the changes involved in initiating an automated refuse collection system, Roanoke County and the City of Salem have an automated refuse collection system, and the proposed new program was an effort by City staff to become more efficient by reducing operating cesta. He advised that he would discuss the matter with Mr. Wright to address his specific concems. At 9:30 p.m., Mr. Parrott moved that the Council msetlng be adjourned. The motion was seconded by Mr. Swain and adopted, Mayor Bowers voted no and Council Member Harris was out of the Council Chamber. A1TEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 348 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL September 2, 1997 12:15 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Tuesday, September 2, 1997, at 12:15 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 C. Nelson Harris, John H. Parrott, Carroll E. Swain, William White, ~r., L,nda F. Wyatt, and Mayor David A. Bowers- $. ABSENT: Counc,I Me.mber James O. Trout. 1. OFFICERS PRESENT. W. Robert He .r~_.rt, City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grisso, Director of F,nance; and Mary F. Parker, City Clerk. fo. . SCHOOLS: At 12:18 p.m., the Mayor declared the msstlno in recess in o r me Members of Council and the Roanoke City School Boa~'d to s,?.-b, ased tour of James Breckinridge Middle School, 3901 Williams~ R~J~.'~/.'. wn,cn recently underwent extensive renovations, includinn = tn., Breckinridge Middle School Fitness Center. Followin', the tour ~un-,'k'~,--'- in the Media Center. ° ' .... '° °~' At 2:00 p.m., on Tuesday, September 2, 1997, the regular meeting of City Council reconvened in the Roanoke Ci~ Council Chamber, fourth floo.r, Municipe. I Building, 215 Church Avenue, S. W., C,ty of. Roanoke, with the follow, ng Councd Members in attendance, Mayor Bowers pres,ding. · PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swa?, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor Dav,d A. Bowers ...... 7. ABSENT: None 0, OFFIC.E. RS PRESENT· W. Robert Herbert, City.M. anager; Wilburn C. Dibling, Jr., City Attorney, James D. Grieso, Director of Finance, and Mary F. Parker, City Clerk. G The reconvened .m. eetlng was opened with a prayer by The Reverend Paul G. unsten, Pastor, St. Ph,llip Lutheran Church. 349 The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ELECTIONS-FIRE DEPARTMENT-CHURCHES: The City Clerk having advertised a public hearing for Tuesday, September 2, 1997, at 2:00 p.m., or as soon thereafter as the matter may be heard, on the proposed temporary relocation of the polling place for the Lee-Hi Voting Precinct from Fire Station No. 4 on Aerial Way Drive, S. W., to Covenant Presbyterian Chumh, 1831 Deyerie Road, S. W., the matter was before the body. legal advertisement of the public hearing was published in The ~ on Tuesday, August 26, 1997, and Monday, September 1, t997. (See publisher's affidavit on file in the City Clerk's Office.) A report of the Roanoke City Electoral Board advising that the Electoral Board previously obtained approval on the temporary relocation of the polling place in the Lee-Hi Precinct to Covenant Presbyterian Church for the June t0, 1997 Primary Election; the Board is now requesting that the Lee Hi Precinct temporarily remain at the Covenant Presbyterian Church for the November 4, 1997 General and Special Election and the May 5, 1998 Election, which location has and will provide more accessibility to the elderly and handicapped, and will be more accommodating for Officers of Election and voters, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (#33563-090297) AN ORDINANCE temporarily changing the polling place for the Lee-Hi Precinct from Fire Station No. 4 on Aerial Way Drive, S. W., to Covenant Presbyterian Church, 1831 Deyerle Road, S. W.; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 156.) 350 ACTION: Mr. Trout moved the adoption of Ordinance No. 33563-090297. The motion was seconded_ by Mr. Swain. ~.EI The Mayor inqu,red if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 33563-090297 was adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: Nono 0. Council Member Harris requested that the Electoral Board investigate the feasibility of establishing the Lee Hi Voting Precinct at the Covenant Presbyterian Church on a pe~i~anent basis. Vice-Mayor Wyatt requested that the Electoral Board review the composition of voting precincts in terms of size and variation. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be.routine by the Members of Council and ~ would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to a request for an Executive Session to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. COMMII-I'EES-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)(t), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) 351 ACTION: 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.t-344 (A)(1), Code of Virginia (t950), as amended. The motion wee 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. ANNUAL REPORTS-COMMITTEES-AUDIT COMMII'I'EE: A communication from the Audit Committee transmitting the Annual Report for the year ended June 30, 1997, 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 Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers ...... 7. NAYS: None 0. ANNUAL REPORTS-MUNICIPAL AUDITOR: Tho Annual Report of the Municipal Auditor for the year ended June 30, 1997, was before Council. ACTION: (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 wes 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. ACTION: COMMI'~'EES-CITY PLANNING COMMISSION: A communication fr.o.m Carolyn H. Coles .tendering her resignation as a member of the C,ty Planning Commies,on, 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 flied and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Membere Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. PERSONNEL DEPARTMENT-ROANOKE ARTS COMMISSION- OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Jeannette E. Hardin as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2000; and Ann L. Weinstein and LuJean Bedard as members of the Roanoke Arts Commission for te~i~s ending June 30, 2000, ACTION: (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: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None R A HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: None. 353 REPORTS OF OFFICERS: CiTY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-ENTERPRISE ZONE-FIRST UNION NATIONAL BANK: The City Manager submitted a written report advising that on March 14, 1994, Council established a training incantive program in Enterprise Zone One for companies creating or relocating a minimum of 200 new jobs over an 18 month period; the program required that the 200 jobs for which the training funds were received be retained for st least five years, or the company must reimburse the funds at a rata of $400.00 per job, per year, for each job not retained; 44 new businesses have opened and 26 businesses have closed during fiscal year 1997 in the downtown area according to Downtown Roanoke, Incorporated; and an average of 534 empty spaces has been available in downtown garages between April and June t997. It was further advised that First Union National Bank has expressed a need to expand and relocate 200 or more staffed positions into Enterprise Zone One by October 31, 1997; First Union has repaid the Fifth District Employment and Training Consortium $63,600.00 currently owed under the original training agreement, and the Consortium has returned the funds to the City; First Union officials have requested that the City enter into an agreement amending the prior training agreement, effective October 1, 1997, which amended agreement would establish a new base number of positions as of October 31, 1997, and the base number of positions will not be less than 420; in exchange for recalculating the base number of positions, First Union would agree to maintain the new base number of positions from October 31, 1997 to October 31, 2002, and would pay the City a one-time amount based on the percentage of change between the number of qualifying positions under the original agreement (566 positions) and the recalculated number of qualifying positions under the amended agreement multiplied by $337,335.50. 354 It was explained that Firs.t Union has .re~.uestad training assistance for the 200 or more job positions be,ng relocated to Enterprise Zone One as part of the amended training agreement; the City would provide up to $400.00 per position or equivalent position for eligible training expenses incurred between May 1, 1997 and October 31, 2002, with the maximum amount to be provided totaling $63,600.00; and First Union officials have requested a new parking agreement with the City for the exact number of new jobs relocated or created by October 31, 1997, at $35.00 per space, effective December 16, 1998. The City Manager recommended that Council concur in the following actions: Amend the training incentive program established on March 14, 1994, to include a statement allowing for replacement positions when such positions are equivalent to the original positions for which the training funds were received; Authorize the City Manager to enter into an agreement amending the prior training agreement, effec~ve October 1, 1997; the amended agreement would sstabl,sh a new base number of positions as of October 31, 1997, which base number of positions will not be less than 420; in exchange for recalculating the base number of positions, First Union would agree to maintain the new base number of positions from October 31, 1997 to October 31, 2002, and would pay the City a one-time amount based on the percentage of change between the number of qualifying positions under the original agreement (666 positions) and the recalculated number of qualifying positions under the amended agreement multiplied by $337,335.50; Authorize the City Manager to appropriate $63,600.00 to an account in the Capital Project Fund to be established by the Director of Finance entitled, "Enterprise Zone One Training Incentive Program"; funding in the amount of $63,600.00 was received in July 1997 when First Union paid the Fifth District Employment and Training Consortium based on the decline in the job base; the City would provide up to $400.00 per position for eligible training expenses incurred between May 1, 1997 and October 1, 2002; the maximum amount to be provided is 355 $63,600.00; if First Union does not maintain the recalculated base number of staffed, full-time positions from October 31, 1997 to October 31, 2002, First Union would agree to reimburse the Consortium $400.00 par year for each position below the recalculated base for each of the five years; the Consordum would reimburse the City funds received from First Union, and First Union will not repay the City more than the total amount received under the original or amended training agreements, but this does not include the amount of the one-time payment aa set forth on Page 2, Item E, of the report; and Authorize the City Manager te enter into a new parking agreement for the exact number of new jobs rslocatad or created by October 31, 1997, at $35.00 par space, effective December 16, 1998, which agreement would be in effect for one year and would include an optio= to renew the same number of spaces at a rata of $40.00 for two additional years; the renewal option would be contingent upon First Union demonstrating that the initial number of jobs created or relocated by October 31, 1997, remain staffed, full-time positions as of the December 16, 1999, renewal date; and the form of the agreement will be approved by the City Attomey. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (f/33564-090297) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 158.) 356 ACTION: ACTION: Mr. Trout moved the adoption of Ordinance No. 33564-090297. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt end Mayor Bowers 7. NAYS: Nono 0. Mr. Trout offered the following resolution: (f/33565-090297) A RESOLUTION amending the training incentive program established on March 14, t994, for Enterprise Zone One; authorizing the City Manager to enter into an agreement amending the training agreement dated March 14, 1994, between First Union National Bank of Virginia (FUNB), Fifth District Employment and Training Consortium (FDETC) and the City; and authorizing the City Manager to execute an agreement with First Union National Bank of Virginia to provide for a new parking agreement, effective December 16, 1998. (For full text of Resolution, see Resolution Book No. 60, page 158.) M.r. Trout moved the adoption of Resolution No. 33565-090297. 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. Council Members White and Swain encouraged the City Manager to apprise small businesses of the training incentive program and other development opportunities in the City of Roanoke. FRANCHISES-UTILITIES-APPALACHIAN POWER COMPANY- STREET LIGHTS: The City Manager submitted a written report advising that the proposed revised electrical rates to be effective retroactive to July 1, 1996, were received on July 7, 1997, from American Electric Power (AEP); negotiations with AEP were authorized by Council on August 5, 1996, through the Virginia Municipal League and the Virginia Association of Counties, with the City of Roanoke's share of the cost of negotiations totaling $23,086.00; American Electric Power continued to bill the rates in effect as of June 30, 1996, as negotiations continued; and an agreement with AEP, proposed to be effective retroactive to July 1, 1996, has been reached, which eesentially provides for the following: General usage rates will decrease 10.56 per cent over June 30, 1996 rates for the period of July 1, 1996 through June 30, 1999; and Street lighting rates which are part of a separate street lighting contract will decrease two per cent over June 30, 1996 ratee for the period July t, 1996 through June 30, 1999. It was noted that the above percentages are approximate; proposed rates are shown on rate schedules contained in a document entitled, Public Authority Tariff No. 7, issued on February 25, 1997, from American Electric Power; and in addition, certain accounts which will be individually reviewed may receive greater savings if they are converted to an option demand rate. The City Manager recommended that he be authorized to enter into a three-year contract, retroactive to July 1, 1996, with American Electric Power for electrical service at the rates shown on a schedule attached to the report, the form of said agreement to be approved by the City Attorney; negotiation benefits will be realized by an annual savings of $427,528.00, including all established funds, viz: General, School, Water, etc., compared to the original rates proposed by AEP; and budgeted savings have been reallocated within operating depar~,,ent budgets. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (~33566-090297) A RESOLUTION authorizing the City Manager to enter into the appropriate contractual agreements with Appalachian Power Company, d/b/a American Electric Power, providing for revised general service electrical rates and revised street lighting rates effective retroactively to certain specified dates, and approving certain rate schedules, upon certain terms and conditions. 1 (For full text of Resolution, see Resolution Book No. 60, page 160.) 357 358 ACTION: Mr. Swain moved the adoption of Resolution No. 335664)90297. The motion 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. With regard to the $427,528.00 annual savings which will be realloceted within budgets of operating depaf;,,,ents, Council Member Swain requested information as to how future funds will be expended. Council Member Whits requested information on whether the City will negotiate additional contractual matters in the 1998-99 fiscal year, such as telephone, gas, fuel oil, etc. He suggested that future Council reports should contain the appropriate notation if certain matters have been discussed by Council in previous meetings/budget study sessions, etc. Council Member White requested information regarding the a.n.~cipated impact on the City's rates as a result of deregulation of utilities. C & P TELEPHONE COMPANY-FRANCHISES.CITY PROPERTY- SPECIAL PERMITS-COMMUNICATIONS DEPARTMENT-TELEPHONE COMPANIES-LICENSES-TELEPHONE EQUIPMENT-BELL ATLANTIC - VA., INC.: The City Manager submitted a written report advising that a thirty-year franchise was granted, pursuant to Ordinance No. 17677, adopted on August 28, 1967, to the Chesapeake and Potomac Telephone Company of Virginia from the effective data of the ordinance to operate and maintain a telephone and telegraph system within the limits of the City, which franchise expires on September 27, 1997; a Temporary Nonexclusive Revocable License Agreement wes authorized pursuant to Ordinance No. 33199-121696, adopted on December 16, 1996, for KMC Telecom of Virginia, Inc. (KMC) and American Communication Services of Virginia, Inc. (ACSI) for construction, maintenance and operation of telecommunication facilities in the City's righta-of-ways; pursuant to the above ordinance, the City entered into s Temporary Nonexclusive Revocable License Agreement with ACSI dated December 31, 1996, and a Temporary Nonexclusive Revocable 359 License Agreement with KMC dated January 7, 1997; and the Agreements will expire upon adoption of a final telecommunications regulatory ordinance or on September 26, t997, whichever occurs first. It was further advised that the 1997 Se=sion of the General Assembly addressed a controversy over the issue of the amount of compensation or charges localities, including municipal corporetions, could impose or require from telecommunications carriers for use of the rights-of-way within the localities; in response to the controversy, the 1997 General Assembly amended Virginia Code Sections 56-458 and 56-462 to require localities to maintain their charges as of February 1, 1997 until July 1, 1998, to allow the telecommunications carriers and the localities to resolve the controversy between the parties ss to what type of compensation and how much compensation the localities should be allowed for the use of their rights-of-way; and the 1998 Session of the General Assembly is anticipated to address the issue and will provide further guidance or appropriate legislation to guide the localities. It was explained that Bell Atlantic - Virginia, Inc., is the successor to The Chesapeake and Potomac Telephone Company of Virginia; in light of legislation enacted by the 1997 General Assembly, and in order to obtain guidance from the 1998 General Assembly, Bell Atlantic has requested an extension of its franchise for a period of one year, to September 27, 1998; KMC and ACSI have both requested an extension of their Agreements for a period of one year, to September 26, 1998; and extensions of the Bell Atlantic franchise and the KMC and ACSI Agreements would be under the same terms and conditions as the prior franchise and Agreements, except that expiration terms would be extended for a period of one year, subject to all other terms and conditions of the franchise and Agreements. The City Manager recommended that he he authorized to execute a separate franchise extension agreement with Bell Atlantic - Virginia, Inc., and extension agreements with KMC Telecom of Virginia, Inc. and American Communication Services of Virginia, Inc., extending each agreement with the City for a period of one year, with all other terms and provisions of the franchise and Agreements to remain the same and subject to other terms and provisions of the documents, the form of each document to he approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) 360 ACTION: Mr. Parrott moved that the following ordinance be placed upon its first reading: (#33567) AN ORDINANCE authorizing the City Manager to execute on behalf of the City a Franchise Extension Agreement with Bell Atlantic - Virginia, Inc., and extension agrsemente for the Temporary Nonexclusive Revocable License Agreements with KMC Telecom of Virginia, Inc., and American Communication Services of Virginia, Inc., for a period of one year each. (For full text of Ordinance, see Ordinance Book No. 60, page 170.) 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-FIRE DEPARTMENT-EMERGENCY SERVICES-GRANTS- EQUIPMENT: The City Manager submitted a written report advising that on December 2, 1996, the Roanoke Fire-EMS Department submitted a report to Council recommending that the City enter into an agreement with the Virginia Department of Emergency Services (VDES) for the City to provide, together with the City of Salem, a Level III Regional Response Team; according to the executed agreement, the City, as well as all localities that participate in a regional response team, will receive "pass-through" funding from VDES to assist with the purchase of equipment and to attend the necessary training programs to comply with mandates set by Federal OSHA and Virginia Department of Emergency Services; and "pass-through" funding totaling $15,000.00 has been received by the City from VDES and deposited in revenue Account No. 035-035-1234-7067. It was explained 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 Depa[b,,ent of Emergency Services. 361 ACTION: The City Manager recommended that Council accept the Hazardous Mat,~rials Regional Response Team Grant, in the amount of $15,000.00; and appropriate $9,000.00 to Other Equipment, Account No. 035-050-3220-2035, and $6,000.00 to Training and Equipment, Account No. 035-050-3220-2044, under the Hazardous Materials Response Team Grant and increase the revenue estimate by $15,000.00 (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (~33568-090297) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, ese Ordinance Book No. 60, page 161.) Mr. Harris moved the adoption of Ordinance No. 335684)90297. The motion was seconded by Me. Wyatt and adopted by the following vote: AYES: Council Members Harris, Parrott,.Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: Nono 0. Mr. Harris offered the following roaoluUon: (~t335694)90297) A RESOLUTION authorizing acceptance of a grant made to the City of Roanoke by the Virginia Depa,;,,,ent of Emergency Services for training and for the purchase of equipment for the Hazardous Materials Regional Response Team and authorizing acceptance, execution and filing of all appropriate documents to obtain such a grant. (For full text of Resolution, see Resolution Book No. 60, page 162.) ACTION: Mr. Harris moved the adoption of Resolution No. 335694)90297. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers NAYS: None 362 GRANTS.HUMAN DEVELOPMENT-YOUTH-TEEN PREGNANCIES: The City Manager submitted a written report advising that nationally, approximately one-third (32%) of all births in t995 were out-of-wedlock and more than 70 per cent of all out.of-wedlock births were unintended; in Virginia, during the year 1995, the majority (70%) of all out-of- wedlock births were to mothers age 20 and above; over one-half (54%) of all out-of-wedlock births were to mothers between the ages of 20 - 29; and the Federal Government has allocated $100 million in each of the Federal fiscal years 1999 - 2002 to be divided among the five states that reduce out-of-wedlock births in the previous two years without an increase in the abortion rate. It was further advised that the Commonwealth of Virginia has become the first state in the nation to announce its candidacy for one of the Federal awards by supplying incentives to local governments, service agencies, religious institutions, nonprofit organizations, and citizens to develop local solutions to the out-of-wedlock birth problem which is titled, "Partners in Prevention"; the Commonwealth of Virginia will provide technical and other forms of start-up assistance to any Virginia locality that officially partners with the State in competition for the Federal award and the State proposes to distribute any Federal award that the Commonwealth receives directly to the localities which declare themselves to be Partners in Prevention; a locality becomes a Partner in Prevention by adopting a formal resolution of participation in the initiative and by submitting a plan which reflecte the community as a whole for education of out-of-wedlock births through community informational forums; and the Public Health Director has been asked to provide leadership to the localities in developing the plan and in obtaining support from localities that would like to be eligible to receive the funds should the Commonwealth of Virginia receive a share of the money; therefore, the City of Roanoke is requested to adopt a resolution to become a Partner in Prevention. The City Manager recommended that Council endorse the Partners in Prevention initiative by adopting a proposed resolution which will enable the City of Roanoke to receive its appropriate share of any allocation that the Commonwealth of Virginia receives in the years t999 - 2002. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Harris offered the following resolution: (~335704)90297) A RESOLUTION endorsing and authorizing participation with the Commonwealth of Virginia in Partners for Prevention Initiative. (For full text of Resolution, see Resolution Book No. 60, page 163.) Mr. Harris moved the adoption of Resolution No. 335704)90297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrot'c, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None... 0. BU DGET-GRANTS-FDETC-FIFTH PLANNING DISTRICT COMMISSION: The City Manager submitted a written report advising that the F;;'~;, District Employment and Training Coneor'dum 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 Consortium serves two primary client populations, i.e.: the 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 Fifth District Employment and Training Consortium has received Community Development Block Grant funding for Operation Bootstrap, Roanoke Valley Youth Conservation Service Corps - Opportunity Knocks, and the agency's Employment Training Program. The City Manager recommended that Council appropriate Fifth District Employment and Training Consortium funding totaling $52,600.00, and increase the revenue estimate by $52,600.00 in accounts to be established in the Consortium Fund by the Director of Finance. 363 (For full text, see report on file in the City Clerk's Office.) 364 ACTION: ACTION: Mr. Swain offered the following emergency budget ordinance: (~33571-090297) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Conso~um Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 164.) Mr. Swain moved the adoption of Ordinance No. 33571-090297. 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. 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 1997. (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. DIRECTOR OF FINANCE-CITY TREASURER-BLUE CROSS/BLUE SHIELD: The Director of Finance and the City Treasurer submitted a joint written report advising that on February 5, 1997, Trigon Blue Cross Blue Shield completed its conversion from a mutual insurance company to a stock company; as such, the City of Roanoke became one of the shareholders of Trigon Healthcare, Inc. (the holding company for Trigon Blue Cross Blue Shield) Class A Common Stock; Trigon's initial public offering was for 17,825,000 shares at a price of $13.00 per share; through demutualization, the City was allocated 23,158 shares; and to allow for an orderly trading market for Trigon Healthcare, Inc. stock, policyholders receiving shares of stock were required to wait six months, until August 5, 1997, before selling or transferring their stock. 365 It was further advised that the Code of Virginia (1950), as amended, authorized the investment of public funds in certain however, it did not authorize investment in stock in a company s-uc--h-a-~ Trigon Healthcare; to address the issue of Trig0n demutualization as it affected localities in the Commonwealth of Virginia, the 1997 Virginia Generel Assembly passed House Bill 1998 to relax the strict standard with regard to Trigon Healthcare stock being held by Treasurers or other public officials; and the legislation provides a three year period, after the initial Iockup period expires, over which Trigon Healthcare stock must be disposed of and also requires that on each August 5 anniversary date, beginning with August 5, 1998, one-third of the shares received through demutualization must be disposed of by governmental entities. It was explained that to comply with the provisions of House Bill 1998, the Treasurer of the City of Roanoke is required to dispose of the City's 23,158 shares of Trigon Healthcare stock as follows: 7,720 shares not later than August 5, 1998, an additional 7,719 shares not later than August 5, 1999, and the final 7,719 shares not later than August 5, 2000. The City Treasurer and the Director of Finance recommended that Council authorize the Treasurer of the City of Roanoke to dispose of Trigon Hsslthcere Class A Common Stock at a time when the stock reaches a price of $25.00 per share; the City Treasurer shall have the authority to engage the services of an investment broker to execute the transaction; and a selling price of $25.00 per share will provide the City with approximately $578,000.00 in proceeds after brokerage fees of approximately five cents per share, which is a reasonable share price to attempt to obtain, while not compromising the duties of the City Treasurer in prudently investing assets of the City. (For full text, see joint report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (~33572-090297) A RESOLUTION authorizing the City Treasurer to sell Class A common stock of Trigon Healthcare, Inc., held by the City, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 60, page 165.) 366 ACTION: Mr. Trout moved the adoption of Resolution No. 33572-090297. The motion was seconded by Mr. Panott and adopted by the following VOte: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: Nono 0. REPORTS OF COMMITTEES: BUDGET-SEWERS AND STORM DRAINS: 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 the Salem Avenue at First Street Storm Drain Replacement Project, which consists of replacement of the existing storm drain under Salem Avenue and First Street because the storm drain is not adequate to handle existing storm water and is currently creating flooding conditions for businesses and stnmte in the area; and with new eto,,, drain pipes and drop inlets, the project is now scheduled to begin following the opening of Second Street. The Bid Committee 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 Attorney, with Aaron J. Conner, General Contractor, Inc., in the amount of $t84,030.00 and 60 consecutive calendar days to complete the work, with a project contingency of $18,403.00; and Transfer $202,435.00 from 1992 Bond, Storm Drains, Account No. 008-052-9700-9t76, to an account to be established entitled, "Salem Avenue Storm Drain Replacement." 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.) 367 Mr. Parrott offered the following emergency budget ordinance: I (~t33573-090297) AN ORDINANC. E to amend and reor. d.a!n certain sections of the 1997-98 Capital ProJects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 166.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 33573-090297. 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. Mr. Parrott offered the following emergency ordinance: (~t33574-090297) AN ORDINANCE accepting the bid of Aaron J. Conner, General Contractor, Inc., for the construction of the Salem Avenue at First Street Storm Drain Replacement, consisting of replacing existing culvert with new storm drain pipes and drop inlets, 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. 60, page 167.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 33574-090297. 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. UNFINISHED BUSINESS: None. 368 ACTION: INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CITY CODE-BUILDINGS/BUILDING DEPARTMENT-RENTAL INSPECTION PROGRAM: Ordinance No. 33552 repealing Chapter 7, Buildina Re_aulations. of the Code of the City of Roanoke (1979), as amended, and enacting new Chapter 7, Buildina Re~ ulat]ons, to provide for regulations relating to the construction, alteration or repair of buildings or structures within the City; and to provide for · rental certificate of compliance program; effective on and after September 1, 1997, having previously b==n before the Council for its first reading on Monday, August 18, 1997, 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: (~33552-090297) AN ORDINANCE repealing Chapter 7, B_~JJJ_dJilg Rea~ulations, of the Code of the City of Roanoke (1979), as amended, and enacting new Chapter 7. Buildina_ Rea_ulations. to provide for regulations relating to the construction, alteration or repair of buildings or structures within the City; and to provide for a rental certificate of compliance program; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 60, page 138.) ~ Mr. Parrott moved the adoption of Ordinance No. 33552-090297. 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. STREETS AND ALLEYS-VIRGINIA TRANSPORTATION MUSEUM: Ordinance No. 33560 permanently vacating, discontinuing and closing a certain section of Norfolk Avenue, S. W., beginning at the easteHy intersection of Third Street and Norfolk Avenue, and running in an easterly direction to Second Street and the Second Street Bridge, terminating at the southeasteHy corner of the Virginia Museum of Transportation building and the northeasterly coroer of Official Tax No. 1010206, having previously been before the Council for its first reading on Monday, August 18, 1997, 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: 369 ACTION: (~33560-090297) AN ORDINANCE 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. 60, page 151.) Mr. White moved the adoption of Ordinance No. 33560-090297. The motion was seconded by Mr. Harris and adopted by the following vote: ACTION: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. ZONING: Ordinance No. 33561 amending proffered conditions presenay binding on a certain tract of land, more specifically described as Lots I - 3, inclusive, and a .125-acrs tract, being a portion of a larger tract of land located at 1930 Electric Road, S. W., (formerly known as 1910 McVitty Road, S. W.), and designated as Official Tax No. 5100809, now a portion of Official Tax No. 6090209, and filed as Exhibit A with the First Amended Pedtion filed on August 1, 1997, previously conditionally rezoned pursuant to Ordinance No. 32657-092595 adopted on September 25, 1995, having previously been before the Council for its first reading on Monday, August 18, 1997, read and adopted on its first rseding and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: (#33561-090297) AN ORDINANCE to amend ~36.1-3 and 36.14, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 510 and 509, 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. 60, page 153.) Mr. Harris moved the adoption of Ordinance No. 33561-090297. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Harris, Parrot'(, Swain, Trout, White, Wyatt and Mayor Bowers '~ 7. NAYS: None 0. BRIDGES-STREETS AND ALLEYS: Ordinance No. 33562 closing and discontinuing, by barricade, a po~on of Ferdinand Avenue, S. W., 370 ACTION: between Mountain Avenue and Elm Avenue; and a eection of Eighth Street, S. W., between E!m Av.e. nue and Da.y. Avenue, having previously been before the Counc,I for ~ta first reading on Monday, August 18, 1997, read and adopted on its firet reading and laid over, was again - before the body, Mr. Trout offering the following for its second reading and final adoption: (~33562-090297) AN ORDINANCE authorizing the alteration and closing by barricade of certain public rights-of-way in the City of Roanoke, Virginia, as are more par~cularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 60, page 155.) Mr. Trout moved the adoption of Ordinance No. 33562-090297. 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. The Mayor required .as to .when realignment of the Waeena Bridge/Elm Avenue intersection proJect will commence; whereupon, the Director of Public Works advised that he would submit a status report. Council Member Trout suggested that signs be installed for the benefit of the general motoring public prior to construction of the barricade. VIRGINIA MUNICIPAL LEAGUE-COUNCIL-FIFTH PLANNING DISTRICT COMMISSION: Mr. Trout offered the following resolution rescheduling the September 15, t997 City Council meeting to September 22, 1997; and reecheduling the October 20, 1997 City Council meeting to October 22, 1997, due to scheduling conflicts in connection with the First Leadership meeting sponsored by the Fifth Planning District Commission and the Virginia Municipal League, respectively: (~33575-090297) A RESOLUTION amending the regular meeting schedule of City Council to provide that the scheduled September 15, 1997, meeting shall be rescheduled to September 22, 1997, and the scheduled October 20, 1997, meeting shall be rescheduled to October 22, 1997. f 371 ACTION: (For full text of Resolution, see Resolution Book No. 60, page t68.) Mr. Trout moved the adoption of Resolution No. 335754)90297. The motion was seconded by Mr. S~in and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: Nono 0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: VALLEY VIEW MALL-ZONING-STATE HIGHWAYS-COUNCIL- REFUSE COLLECTION-STREETS AND ALLEYS: Council Member White expressed concern w;~;, regard to the accumulation of litter and debris along interstate rsmpa, specifically 1-581 in the area of Orange Avenue and Valley View Mall. He stated that the eituationshould be addressed through a public information campaign and the posting of signs advising moteriste of the consequences of littering. He called attention to the difference in the quality of maintenance of interstate highways in northern Virginia compared to southwest Virginia. Council Member Swain expressed concern regarding depreciation of property values as a result of littering. He reiterated the remarks of Mr. White that signs should be posted informing citizens of the consequences of littering. He also expressed concern with regard to certain businesses in residential neighborhoods that have allowed unsightly conditions to exist in and around the property, which businesses ars grandfathered and cannot be deemed as prohibited uses pursuant to provisions of the City's Zoning Ordinance. He stated that junk cars should be reported by citizens so that they can be removed from the premises. He called attention to condemned structures which have been deemed to be unsafe by the City, and advised that when hazardous conditions exist that endanger the lives of citizens, procedures to enable the structures to be razed should be expedited by the City. 372 Council Member Parrott advised that litter is not just a City problem, but a people problem, .because people litter. He stated that some level of educating citizens Is needed, there are some sections of the City where residents pick up the litter and other sections where litter is allowed to accumulate, and the citizens should assume a sense of responsibility because there is no reason why a citizen cannot pick up litter in front of their own residence. With regard to littering on interstate ramps, Council Member Trout advised that many motorists traveling on 1-581 are en route to Valley View Mall, and while they may leave litter in the area, they are also spending money at Valley View Mall, and it may become necessary for the City to assume the responsibility for litter clean-up on the interstate ramps. He referred to those areas of inteersteate ramps that are sponsored by individual citizens or local businesses for clean- up, and suggested that the Clean Valley Council encourage those individuals or businesses to increase their clean-up activities. In response to concerns expressed by Members of Council, the City Manager advised that the Clean Valley Council is working in all of the City schools to raise the level of consciousness of young persons regarding the maintenance of property. He called attention to ongoing studies by City staff regardin, g the a..vailability of equipment to enhance clean up efforts without rely,ng entirely on manpower. With regard to the condition of interstate ramps in the City, he stated that it is disheartening to see the different standard of maintenance that exists in the nof~;,em Virginia area compared with conditions in southwest Virginia. He advised that the matter has been discussed by City officials on numerous occasions with State iegislatore and Virginia Depa,~,,,ent of Transportation officials and some progress has been made. Vice-Mayor Wyatt expressed concern as to whether the City is receiving its fair share of State funding for maintenance/beautification of intersteate highways and roads within the City of Roanoke compared with other localities in the Commonwealth of Virginia; whereupon, the Mayor requested that the City Manager discuss the matter with Senator John S. Edwards and Delegates A. Victor Thomas and Clifton A. Woodrum, IlL 373 PARKS AND RECREATION-SCHOOLS: Vice-Mayor Wyatt commended City and School officials on the Breckinridge Fitness Center and the establishment of computer classes in fifteen City schools for senior citizens, which are both steps in the right direction to decentralize certain services offered by the City. She advised that there should be a parks and recreation program in every school building in the City of Roanoke to provide supervised activities for children after school hours. SIGNS/BILLBOARDS/AWNINGS-COMPLAINTS: Council Member Trout expressed concern with regard to the growing number of small signs which have been installed on public rights-of-way advertising local businesses. He referred specifically to the areas of Franklin Road and Wonju Street, S. W., and requested that the matter be referred to the City Manager for investigation and report to Council. PARKS AND RECREATION-COUNCIL-REFUSE COLLECTION: Council Member Harris expressed concem that the City recently installed new fixtures in the bathroom facility at Eureka Park which have been vandalized, thereby making them totally useless. He stated that it is discouraging when the City responds by spending taxpayers' money to address community needs, only to find that vandalism has occurred. He advised that whether it is a litter problem, or vandalism to parks, orthe teenage pregnancy rate, etc., a great deal of the remedy involves citizens taking responsibility for the appsarence and maintenance of their community. OTHER HEARING OF CITIZENS UPON PUBL. IC MATTERS: COMPLAINTS-ROANOKE CIVIC CENTER: Ms. Helen E. Davis, 35 Patton Avenue, N. E., expressed concern with regard to the appearance of the Roanoke Civic Center on the side facing Madison Avenue, N. E., in the Historic Gainsboro area. She called attention to the need for beautification of the area. Without objection by Council, the Mayor advised that the remarks of Ms. Davis would be referred to the City Manager. At 3:35 p.m., the Mayor declared the meeting in recess. At 3:55 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. 374 ACTION: ACTION: COUNCIL: With respect to the Executive Session just concluded, Mr. Swain moved that each Member of City Council certify to the beat 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. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: Non= O. COMMITTEES-ECONOMIC DEVELOPMENT: The Mayor advised that there is a vacancy on the Economic Development Commission created by the resignation of Kenneth L PHchett, and called for nominations to fill the vacancy. Mr. Trout placed in nomination the name of John P. Baker. There being no ~rther nominations, Mr. Baker was elected as a member of the Econom,c De.velopment Commission, for a term ending June 30, 2000, by the following vote: FOR MR. BAKER: Council Members Harris, Parrott, Swain, Trout, W'nite, Wyatt and Mayor Bowers .... 7. Inasmuch as Mr. Baker is not a resident of the City of Roanoke, Mr. Trout moved that the City residency requiremente 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 unanimously adopted. COMMITTEES-CONVENTION & VISITORS BUREAU: The Mayor advised that there is a vacancy on the Roanoke Valley Convention & Visitors Bureau Board of Directors created by the resignation of J. Granger Macfarlane, and called for nominations to fill the vacancy. 375 Mr. Swain placed in nomination the name 'of Sunny Shah. There being no further nominations, Mr. Shah was elected as a member of the Roanoke Valley Convention & Visitors Bureau Board of Directors, for a term ending June 30, 1998, by the following vote: ACTION: FOR MR. SHAH: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Boware ACTION: Inasmuch as Mr. Shah is not a resident of the City of Roanoke, Mr. Trout moved that the City residency requirement for persona 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 unanimously adopted. There being no further bueiness, the Mayor declared the meeting adjourned at 4:00 p.m. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 376 REGULAR WEEKLY SESSION---ROANOKE CITY COUNCIL September 22, 1997 12:15 p.m. · · of Roanoke met in regular session in the City Council The Council of the City .... : : hurch Avenue, S. W., City of Chamber, fourth .floor_, M.un_'~_P_?~B:ioldo~t t21~:51~p.m., the regular meeti.n.g hour,_ with Mayor David A, UOW . Y _-- . ~- ~:k, ,~f ~A=mmke (t979), as ameno Sec§on 2-15, ~ ~;ooe uT me ~,,~ ,- ......... PRESENT: Council Members Carroll E. Swain, James O. Trout, WTUISm Whit~ Sr., Unda F. Wyatt and Mayor David A. Bowers- ABSENT: Council Members C. Nelson Harris and John H. Parrott -2. NT: W. Robert Herbert, City Manager; James D. Ritchie., Sr., OFFICERS PRES.E! .... '""in- Jr City Attomey; James D. Gnsso, istent City Manager, witoum ~. u,u, ?, -, _.~ ,~,_-~. Ass .... _ .... -' ~--dra H, Eakin, ueputy ~lty Director o! finance, a.u ,~0,, RITY: The City Manager present~l a briefing with regard to HOUSINGIAUTHO ..... = n .... '""'~ nt Corporation, advising that ~ proposal of the Roanoke Nmgnoom __ . ..__:.._, r.,.~ i brouuht back ~ I~ov'ember 16, t996, the Mayo_Cs Hen.fy :~e..~;~TlreC~mmsn~intet~.vles o~'the City its final report to Council, and on .~eptemoer met with F. A. Johnson Consulting, Inc., to tour project areas in August, Georgia and Columbia, South Carolina· ....... i-- Planning, advised th~.t sin.c.e les Chle! of ~ommu~ ~y Mr. John Ma.rl~,_-, _...~ r-.;~.horo nsi~hbo~ood have been me~. ting ~nth February 1997, memoer~_u,_u,~.-.-..':_- ~- ....~*;-- Inc.. company to become a representatives of the P. A. JORnSo- ~-,~'-=" .... =' ' -- ni development corporation; that the officers of the Roanoke neighborhood commu ty - .. ..... ,;..- -.,~ Claudia A. Whitworth, Chairman, · hborhood Development ~,orpu~=,,,-,, .-.- ,~_ _:.,--- ~....;., m-own Itl- Vice- Netg. - .--.~-, ~--~-Chairman, Vernice caw, rr~,.e~, ,~;,=,~._~.~..v Evelyn u. ==u,=,, -.-- _ ........... that the Group IS interesw- in President, and Charles PhCe, trea=u,..m, --_-:~,-..~. AU'GUSt 7, 1997, the Roanoke a community development corpora, on, a.u ,,,, = _ . elo ment Corporation submitted a Community Deve~opmem Nelg.hb_orho?~ _D~_v_e_, ;.P ,~. amount of $t92,200.00, for the first.ye.a.r w.o.? ?_rog. r.a_.m.;. Block ~rantpr~l~'='=' "' "": · · ---=--- -ublis hearing was Reid, win 97 an admlRl$~'al~v~ P , on August 19, 19 , .... ~----o *~ the CPv s Consolidated Plan, · ' orr OT an am~llUl,l~-~ ~v citizens appearmg in sup? ....... "t the Ci*" to fund the first year of the which if approved by City council, woum perm, nl D~'~elo merit Block Grant funds work rogram with Commu 'ty P . new group propesed~ _ ..P .__~, ,.. ;-frastructure improvements on Henry Street, reviously approve Y_ ...... · .-:~. ; Johnson Consulting, Inc., in Pand representatives ot me ~lq mu~. ,,_,-, ,.. A._ ...... ':-a. September 1997 to tour project areas in ~eorgla and uoum ~,arum, 377 It was explained that the Roanoke Neighborhood Development Corporation's proposed scope of work is as followa: Phase I - Year One (within one month of signing the agreement) Dm Phase II F. A. Johnson and staff would bo on site to begin board training Conduct at least four organizational training sessions using a non-profit development manual customized for Roanoke Conduct two planning workshops for determining project area location Review existing plans and/or studies. Intent is not to write another plan Prepare a three year implementation strategy to provide a blueprint for the new Community Development Corporation Identify at least two "catalyst projects" and assist with development packaging (projects could be either commercial or residential). Obtain financing for catalyst projects Selected board training. Mr. Marllss advised that it is the staff's intention to present a report for Council's consideration on October 6, 1997, recommending an amendment to the Annual Update to the HUD Consolidated Plan, and authorization for the City Manager to execute an agreement with the Roanoke Neighborhood Development Corporation. Without objection by Council, the Mayor advised that the briefing would be received and filed. At 12:37 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, September 22, t997, 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. 378 PRESENT: Council Members John H. Parrott (arrived at 2:40 p. m.), Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris 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 Sandrs H. Eakin, Deputy City Clerk. The reconvened mesring was opened with a prayer by the Reverend John Ault, Pastor, Grace Covenant Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ROANOKE SYMPHONY ORCHESTRA: David Wiley, Music Director & Conductor, Roanoke Symphony Orchestra & Roanoke Valley Choral Society, perfo,,,,ed a musical selection. The Mayor presented Mr. Wiley with a crystal star and a City Seal coastor/paper weight. RIVER PARKWAY/EXPLORE PARK: Council Member Harris introduced Roger F. EIImors, the new Exe. cutive Director of the Explore Park. Mr. Harris presented Mr. EIImora w;th a crystal star and City Seal coaster/paper weight The Mayor advised that all matters listed under the Consent Agenda were considered to be rcurine 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 discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the City Council Personnel Committee meeting held on Saturday, May 31, 1997; and the regular meetings of Council held on Monday, June 2, 1997, and Monday, June 16, 1997, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) 379 ACTION: ACTION: Mr. White moved that the reading of the Minutes be dispensed with and that the Minutes be approved aa recorded. The motion wee seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swein, Trout, INhite, Wyatt, Harris and Mayor Bowers NAYS: None 0. (Council Member Parrott had not entered the meeting.) COMMII'rEES-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), 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 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 wes seconded by Mr. Swein and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris and Mayor Bowers 6. NAYS: None O. (Council Member Parrott had not entered the me~ting.) FIFTH PLANNING DISTRICT COMMISSION-OATHS OF OFFICE° COMMII-I'EES: The report of qualification of C. Nelson Harris as a City representative to the Fifth Planning District Commission for a term ending June 30, 2000, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) 380 ACTION: Mr. White moved that the report of qualification be received and filed, The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris and Mayor Bowers $. NAYS: Non= 0. (Council Member Parrott had not entered the meeting.) HEARING OF CITIZENS UPON PUBLIC MATi'ERS: None. PETITIONS AND COMMUNICATIONS: BONDS/BOND ISSUES-SCHOOLS: A communication from the Roanoke City School Board advising that as the result of official School Board action at a special meeting on September 9, 1997, the Board approved an application and adopted a resolution for Roanoke City Public Schools to participate in the 1997 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 Woodrow Wilson Middle School, and requesting 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 conduct public hearings and perform any other procedural matters that may be required for participation in the VPSA bond issue, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White offered the following resolution: (~33576-092297) A RESOLUTION authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking interest rate subsidy bond financing in an amount not to exceed $5,000,000.00 to finance certain capital improvements in connection with Woodrow Wilson Middle School, previously approved by the Council at its December 16, 1996, meeting. (For full text of Resolution, see Resolution Book No. 60, page 170.) 381 ACTION: Mr. White moved the adoption of Resolution No. 335764)92297. I The motion was eeconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris and Mayor Bowers (~. NAYS: Nons 0. (Council Member Parrott had not entered the meeting.) BONDS/BOND ISSUES-LOANS-SCHOOLS: A communication from the Roanoke City School Board requesting that Council approve a State Literary Fund loan application in the amount of $t.25 million for improvements to Huff Lane Elementary School, was before the body. It was advised that the project includes improvements at Huff Lane School to reduce safety and environmental concerns near Valley View Mall where an access road is being developed approximately 59 feet from the school; the improvements include air conditioning, soundproofing, and the addition of four classrooms; the loan application, which includes a resolution for architectural supervision, ia being submitted aa a contingency in the event City bond funds ara not available; and the School Board will be responsible for debt service on $400,000.00 of the $1.25 mil#on cost, with the City to be responsible for debt service on the remaining balance. (For full text, see communication on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#33577-092297) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Huff Lane Elementary School and declaring the City's intent to borrow to fund or reimburse such expenditures. (For full text of Resolution, see Resolution Book No. 60, page 171.) 382 ACTION: ACTION: Mr. Swain moved the adoption of Resolution No. 33577-092297. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris and Mayor Bowers .5. NAYS: Vice*Mayor Wyatt .1. (Council Member Parrott had not entered the meeting.) Mr. Swain offered the following resolution: (#33578-092297) A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Huff Lane Elementary School. (For full text of Resolution, see Resolution Book No. 60, page 172.) Mr. Swain moved the adoption of Resolution No. 33578-092297. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris and Mayor Bowers S. NAYS: Vice-Mayor Wyatt (Council Member Parrott had not entered the meeting.) 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. Proceeds from the 1997-98 Capital Maintenance and Equipment Replacement Fund in the amount of $808,182.00 are requested for the following summer capital projects - school buses, playground equipment, school paving improvements, school technology equipment, facility maintenance, asbestos abatement, roof replacement, operational service equipment, facility improvements at Garden City, Huff Lane, Jackson, and Breckinridge, Round Hill addition, school alterations, elementary modular buildings, and modular equipment. Grant No. 6314 - $721,754.00 for the 1997-98 Magnet 383 School Program to provide for the operstion of the Magnet School programs at the Huff Lane MicroVillage and Lincoln Terrace Satum Network. This ia a continuing program and is t00 per cent reimbursed by Federal funds. Grant No. 6968 - $12,326.00 for the Mentor-teacher program to train experienced teachers to act as mentors to newly hired teachers during the new teachers' initial year of employment. This is a continuing program and is reimbursed by State grant funds totaling $6,163.00, with a local match of $6,163.00. Grant No. 6967 - $15,000.00 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 its long-term educational goals. This ia a continuing program and the contribution has been received. Grant No. 6969 - $11,590.00 for the Learn & Serve Program to expand the Teen Outreach Program services to include alternative programs. This is a new program and Federal grant funds will be provided. A report of the Director of Finance concurring in the request of the School Board was also before Council. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33579-092297) AN ORDINANCE to amend and reordain certain sections of the 1997-98 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 173.) 384 ACTION: Mr. Trout moved the adoption of Ordinance No. 335794)92297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris and Mayor Bowers 6. NAYS: Nono (Council Member Parrott had not entered the meeting.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-NEIGHBORHOOD ORGANIZATIONS-COMMUNITY PLANNING-GRANTS: The City Manager submitted a written report advising that each year the City receives Community Development Block Grant (CDBG) entitlement funds from the U. S. Depa,~,,,ent of Housing and Urban Development {HUD) to implement a variety of community development programs which are outlined each year as an Annual Update to the Five-Year Consolidated Plan; on February 10, 1997, the Melrose/Rugby Neighborhood Forum submitted a proposal requesting $38,300.00 for the purchase and rehabilitation of an unidentified building in its neighborhood to use as an office and community center; on March 6, 1997, the Neighborhood and Economic Development Committee reviewed the request and due to lack of information, it was recommended that the project not be funded; and on March 19, 1997, the Budget Preparation Committee reviewed the request and recommended that the project not be funded. It was further advised that by letter dated April 8, 1997, and at the Council meeting on April 21, 1997, Estelle H. McCadden, President, Melrose/Rugby Neighborhood Forum, inc., requested that Council fund the project; the amount originally requested was reduced by $8,300.00; City staff has been working with the Neighborhood Forum to identify the actual costs for funding the project; the actual costs to purchase the building located at 1730 Melrose Avenue, N. W., and purchase a furnace totals $31,946.00; and the City will need to amend the Annual Update with the U. S. Depa, b.ent of Housing and Urban Development. ACTION: 385 The City Manager recommended that Council concur in the following actions: Authorize the City Manager or Assistant City Manager to execute and the City Clerk to attest a grant agreement with the Melrose/Rugby Neighborhood Forum, Inc., providing for a grant of $30,000.00 in Community Development Block Grant funds for the acquisition of a new facility and furnace, said agreement to be approved as to form by the City Attorney; the grant agreement would be contingent on the fact that the Melroee/Rugby Neighborhood Forum, Inc., would have the additional money to repair and ranovato the building to bring it into compliance with all applicable codes, as well as all applicable U. S. Department of Housing and Urban Development regulations; Transfer Community Development Block Grant funds ($30,000.00) from CDBG Contingency Account No. 035- 097-9740-5197 to Account No. 035-097-9737-5278 entitled, Melrose/Rugby Neighborhood Forum; and Amend the Annual Plan, submit the appropriate amendment, if necessary, to HUD after the required 30-day citizen review period, provided no compelling objections to the amendment exist. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (~33580-092297) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. .--. (For full text of Ordinance, see Ordinance Book No. 60, page 176.) Mr. White moved the adoption of Ordinance No. 33580-092297. The motion was seconded by Mr. Harris and adopted by the following vote: Mayor Bowers NAYS: None (Council Member Parrott had not entered the meeting.) AYES: Council Members Swain, Trout, White, Wyatt, Harris and 6. 386 ACTION: Mr. White offered the following resolution: (#335814)92297) A RESOLUTION authorizing the City Manager to amend the Annual Update of the Entitlement Consolidated Plan for FY 1997-98, and to execute documents in connection with said amendment; and authorizing execution of an Agreement with MelroselRugby Neighborhood Forum, Inc. (For full toxt of Resolution, see Resolution Book No. 60, page 177.) Mr. White moved the adoption of Resolution No. 33581-092297. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris and Mayor Bowers $' NAYS: None (Council Member Parrott had not entered the meeting.) BUDGET-BRIDGES-N.O. RFOLK SOUTHERN COR.P. ORATION- HUNTER VIADUCT: The C,ty Manager submitted a written report 'i advising that the City awarded an engineering services contract to Hayes, Seay, Mattern and Mattem Inc., on September 11, 1989; Phase I of that contract was for preparing a plan for demolition of the Jefferson Street leg of the Hunter Viaducts lower bridge abutment and four lower bridge spans; Phase II was for preparing a plan for the demolition of the remainder of the Jefferson Street leg of the Hunter Viaduct; Amendment No. t, in the amount of $92,t38.00, was approved on December 12, 1994, for the development of plans for the demolition of the remaining spans of the Jefferson Street leg; in addition, Phase II includes modification and rehabilitation of the Williamson Road leg and a right turn lane onto Salem Avenue; Amendment No. 2, in the amount of $16,100.00, was requested by the Norfolk Southern Corporation to study the feasibility of providing 21' 0" clearance above the tracks under Span 7A; Norfolk Southern has reimbursed the City for the actual cost of the feasibility study, in the amount of $15,779.00; the study revealed that the 21' 0" clearance was obtainable, and the railroad has offered $950,000.00 cost contribution, upon certain conditions as more fully described in the report; and Norfolk Southern has also offered to donate the additional permanent easement for the bridge widening for the lc, tum lane onto Salem A ve~n.~e and temporary construction easement at approximate Milepost N 257.37. 387 It was further advised that redesign of portions of the bridge is required to accommodate Norfolk Southern Railway's desire for the 21-foot vertical clearance, at a cost of $84,017.00; and during the preliminary design process for Phase II, it became apparent that the most cost-effective rehabilitation would involve replacing all structural steel on the bridge, at an additional cost of $29,575.00. The City Manager recommended that Council concur in the following actions: Authorize the City Manager to execute Amendment No. 3, in the amount of $113,592.00, $29,675.00 for services related to replacing all structural steel and $84,017.00 for redesign services related to Norfolk Southere's request for additional clearance; Appropriate $84,017.00 to the Hunter Viaduct Account No. 008-052-9636-9004 in the Capital Projects Fund from funds to be provided by Norfolk Southern; establish a receivable in the amount of $84,017.00 for Norfolk Southem's share, with the remaining contribution from Norfolk Southern ($865,983.00) to be appropriated when the bid for construction services is awarded; Authorize the City Manager to accept the permanent easement for the widening of the bridge for the left tum lane onto Salem Avenue and temporary construction easements donated by the railroad; and Authorize the City Manager to execute an agreement, in a form to be approved by the City Attorney, with Norfolk Southem for the proposed $950,000.00 contribution, with the form of agreement to be in substantial conformity with the draft attached to the report. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33582-092297) AN ORDINANCE to amend and roordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 178.) 388 ACTION: ACTION: Mr. Trout moved the adoption of Ordinance No. 33582-092297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris and Mayor Bowers 6. NAYS: Nono 0. (Council Member Parrott had not entered the meeting.) Mr. Trout offered the following resolution: (#33583-092297) A RESOLUTION authorizing execution of Amendment No. 3 to the City's contract with Hayes, Seey, Mattem & Mattern, Inc., for additional services in connection with the Hunter Viaduct/Williamson Road BHdge project, authorizing execution of an agreement with Norfolk and Western Railway Company providing for a contribution toward the cost of this project along with a permanent easement and temporary construction easements necessary for the construction of a turn lane onto Salem Avenue from the Wiiliamson Road BHdge. · (For full text of Resolution,* see Resolution Book No. 60, page 179.) Mr. Trout moved the adoption of Resolution No. 33583-092297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris and Mayor Bowers 6. NAYS: Nono O. (Council Member Parrott had not entered the meeting.) BUDGET-PURCHASE/SALE OF PROPERTY-BONDS/BOND ISSUES-FLOOD REDUCTION/CONTROL: The City Manager submitted a written report advising that Peters Creek is a multi-jurisdictional watershed that flows in a southward direction from its headwaters located north of Interstate 81; large numbers of residences and businesses are located in the Iow-lying areas adjacent to Peters Creek and its tributaries, which areas experience periodic flooding; the 1992 389 Bond Issue included $4.,0. million to address flooding problems in the I Peters Creek watershed, and a flood plan fou.r-phsse reduc?.'on was prepared by City staff in coordination with the consulting engineer, Mattom & Craig, Inc., which is as follows: Phase I: Channel widening and replacement of five culverts Phase Ih Channel clearing and snagging Phase IIh Construct two regional detention basins Phase IV: Floodproofing program It was further advised that the first two phases are complete and have provided significant improvement to area rasidenta; with regard to Phase III, two regional detention basins are proposed to be constructed, the Lower North Lakes Basin and the Montclair Basin; both basins are to be located on vacant land in Roanoke County; the estimated cost for both basins is $1,600,000.00 including land costa; all necessary regulatory approvals have been obtained to construct the basins with the exception of a Special Use Permit to be issued by Roanoke County, which is scheduled to be voted on by the Roanoke County Planning Commission on October 7, 1997, and the Roanoke County Board of Supervisors on October 28, 1997; a total of 14 properties are needed to construct both basins; the Lower North Lakes Basin requires five parcels, at an estimated cost of $200,000.00, and the Montclair Basin requires nine parcels, at an estimated cost of $350,000.00; Council adopted Ordinance No. 33112-090396 on September 3, t996, which provided for acquisition of property rights needed for construction of Lower North Lakes and Montclair Detention Basins; on September 3, 1996, Council also adopted Ordinance No. 33111-090396 which provided partial funding ($50,000.00) for property acquisition and $21,000.00. for additional engineering; in 1992, construction plans and spec,fications for this project were prepared by Mattem & Craig, Inc., Consulting Engineers, which are now in need of updating and modification before the project can be bid; and a budget ordinance is needed to provide funds for the balance of property acquisition and additional engineering needed to complete the project. The City Manager recommended that Council concur in the following actions: 390 ACTION: Transfer $500,000.00 from Public Improvement Bonds Series t992A, Account Number 008-052-9700-9176, to Peters Creek Land Acquisition, Account Number 008-056- 9656-9001; and Transfer $55,000.00 from Public Improvement Bonds J Series 199ZA, Account Number 008-052-9700-9176, to Peters Creek Additional Engineering, Account Number 008-056-9657-900t. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (~33584-092297) AN ORDINANCE to amend and rsordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 18t.) Mr. Harris moved the adoption of Ordinance No. 33584-092297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris and -il Mayor Bowers 6. NAYS: None 0. (Council Member Parrott had not entered the meeting.) BUDGET-PURCHASE/SALE OF PROPERTY-HOUSING/ AUTHORITY-COMMUNITY PLANNING-GRANTS: The City Manager submitted a written report advising that the t996 Virginia General Assembly appropriated $500,000.00 for the Abandoned Housing Clearance Fund, "to provide financial assistance for acquisition, demolition or clearance of abandoned housing"; the Virginia Department of Housing and Community Development's (DHCD) intention for the program is to use the funds primarily to support projects with plans for productive rouse that will result in a noticeable impact in a specific aroa; Roanoke was one of t2 communities eligible for program funding of up to $100,000.00 per locality; on February 18, 1997, Council authorized the City Manager to apply for a grant through the program; and the City Manager submitted an application for $100,000.00 to assist potential improvement projects along Elm Avenue, S. W., near downtown. 391 It was further advised that the Virginia Del~a,;J,,ent of Housing and Community Development has approved Roanoke'a application for $100,000.00 to support one or more of the projects identified in the application; the project identified in the application as first priority for uae of the funds, i.e., 716-718-720-722 First Street, S. W., at the northeast comer of Elm Avenue and First Street, S. W., has proceeded to the point that its renovation ia imminent; and analysis of the project and negotiations wi~ the developers have resulted in plans to commit $85,000.00 of Abandoned Housing Clearance Fund funds to enhance the project, with the remaining $15,000.00 to be reserved for potential use to support another project, but to allow it also to be added to the First Street project if the other potential project does not materialize. The City Manager recommended that Council concur in the following actions: Authorize the City Manager or the Assistant City Manager to execute the Abandoned Housing Clearance Fund Agreement with the Virginia Department of Housing and Community Development to accept the grant of $100,000.00; Authorize the City Manager or the Assistant City Manager to execute a Subgrantee Agreement with the owners/ developore of 716-718-720-722 First Street, S. W., to support the redevelopment of the property, said Agreements to be approved as to form by the City Attorney; and Appropriate $100,000.00 to revenue and expenditure accounts to be established by the Director of Finance in the Grant Fund. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33585-092297) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 182.) 392 ACTION: Mr. Trout moved the adoption of Ordinance No. 33585-092297. The motion wes seconded by Mr. Swein and adopted by the following -~ vote: ..,~, ACTION: Mayor Bowers NAYS: Nono (Council Member Parrott had not entered the meeting.) AYES: Council Members Swain, Trout, White, Wyatt, Harris and 6. At this point, 2:40 p.m., Council Member Parrott entered the meeting. Mr. Trout offered the following resolution: (ft33586-092297) A RESOLUTION authorizing execution of the Abandoned Housing Clearance Fund Agreement with the Virginia Department of Housing and Community Development to accept grant funds, and authorizing execution of a Subgrantee Agreement with the owners of certain property located on First Street, S. W., upon certain terms and conditions. -~l (For full text of Resolution,' see Resolution Book No. 60, page 183.) Mr. Trout moved the adoption of Resolution No. 33586-092297. 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-LEASES: The City Manager submitted a written report advising that the Employment Services Program, a unit of Social Services, operates programs to aid welfare recipients in finding full-time, unsubsidized employment in order to achieve financial independence; Virginia's Initiative for Employment Not Welfare (VIEW) will be implemented in the City on October t, 1997, which is the work component of the Virginia Independence Program which was passed by the Virginia General Assembly in 1995; VIEW anticipates that the caseloads will increase to more than 750 from the current 200 due to fewer exemptions and changes in program requirements; an additional seven permanent staff positions have been approved to handle the 393 ACTION: increase; in-house training programs will also be offered to approximately 70 clients on a daily basis, requiring two additional contract staff members; and current space is insufficient to house the additional staff and to meet classroom needs. It was further advised that Employment Services has located 6,673 square feet of space in the Signet Bank Building, 1t0 Church Avenue, S. W., that is suitable to house the Employment Services Program and staff; and arrangements have also been made with AIIright Parking for 20 parking spaces (three for staff and 17 for clients) in the Church Avenue Parking Garage at $50.00 per month per space. The City Manager recommended that Council authorize execution of a lease agreement, in a form to be approved by the City Attorney, as summarized above. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (#33507.092297) AN ORDINANCE authorizing the City Manager to enter into an agreement with Signet Bank, for the leasing of office and classroom space within the Signet Bank Building to house the Employment Services Program and staff, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 184.) Mr. Trout moved the adoption of Ordinance No. 33587-092297. The motion was seconded by Mr. Harris. Ms. Wyatt steted that she has long been a proponent of moving the Social Services Department out of the realm of the downtown area, and for that reason, she does not plan to vote in favor of this request for office space for the Social Services Employment Services division. Mr. Swain stated that he agreed with Ms. Wyatt; that he believes these social service activities should be moved out of the downtown area to better respond to the citizens' needs; and he would like to see the City look at moving these services out of the downtown area. Mr. White pointed out the question of whose school and neighborhoods these services should be moved to, and steated that he believes downtown is everyone's neighborhood and is a central location. 394 Ms. Wyatt stated that she is proposing every neighborhood and every school. Mr. Swain stated that them ara facilities available in every neighborhood and it ia time to take a look at moving some of these elements outside of the downtown araa. Mr. White pointed out the need to look at the costa that would be involved in moving these services to neighborhoods and schools. Ordinance No. 335874)92297 was adopted by the following vote: AYES: Council Members Parrott, Trout, White, Harris and Mayor Bowers 5. NAYS: Council Member Swain and Vice-Mayor Wyatt 2. POLICE DEPARTMENT-GRANTS: The City Manager submitted a written report advising that the Omnibus Fiscal Year 1997 Appropriations Act, Public Law t04-208, provides $523 million for the implementation of the Local Law Enforcement Block Grant Program, to be administered by the Buraau of Justice Assistance, U. S. Depa, b~ent of. Justice; the purpose of the Program is to pr.ovide local government w~th funds to underwrite projects to raduce crime and improve public safety; and the Roanoke City Police IDepal I,,,ent is requesting to apply for funds under the Program to be used for paying overtime to presently employed law enforcement officers and necessary support poraonnel for the purpose of incraasing the number of hours worked by such personnel and for procuring equipment, technology, and other material directly raisted to basic law enforcement functions. It was further advised that on August 13, 1997, the Buraau of Justice notified the Police Depa,:.,ent that funds wera still available under the Local Law Enforcement Block Grant Program; the Buraau of Justice Assistance advised that the City is eligible to apply to the Buraau of Justice for a direct award of $127,013.00 under the Program; the program award would raquira a matching fund of $t4,098.00; the Police Depa, l~'~ent is prapared to meet the raquirementa mandated by the Bureau of Justice Assistance Program and furnish the matching funds for monies collected from Federal Asset Forfeitura Distributions Investigations and Rewards, Account No. 0354)50-3304-2150. The City Manager recommended that Council concur in the following actions: i Allow the application process to request Federal funding from the Local Law Enforcement Block Grant Program, in the amount of $127,013.00; and Authorize the City Manager to execute all appropriate documents to obtain funding for Law Enforcement Support Efforts through the Local Law Enforcement Block Grant Program administered by the Bureau of Justice Assistance. 395 (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33588-092297) 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, see Resolution Book No, 60, page 184.) ACTION: Mr. Trout moved the adoption of Resolution No. 33588-092297. The motion was seconded by Mr. Harris and adopted by the following vote: I AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7.. NAYS: Non= O. TOTAL ACTION AGAINST POVERTY-SCHOOLS: The City Manager submitted a 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; the Depar{,,,ent of Social Services in conjunction with the Roanoke Interagency Council developed a Truancy Prevention Program to provide in-home services to families whose children have excessive absenteeism; in August 1996, Requee~ for Proposals were sent to vendors, and Total Action Against Poverty in the Roanoke Valley was awarded the contract for one year to expire on September 30, 1997; the advertisement for Request for Proposals in August 1996, allowed for renewal of the contract for two additional one- year periods; the renewal option is not included in the current contract which expires on September 30, 1997; and the Department of Social i Services would like to renew the contract with Total Action Against Poverty in the Roanoke Valley for the Program Year October 1, 1997, through September 30, 1998. 396 The City Manager recommended that he be authorized to execute a contract with Total Action Against Poverty in Roanoke Valley, .in a form to be approve.d by the City Attorney to provide in-home serv,cas to prevent truancy ,n Roanoke City Schools. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (~33589-092297) 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. ACTION: (For full text of Resolution, see Resolution Book No. 60, page 188.) Mr. Trout moved the adoption of Resolution No. 33589-092297. The motion was seconded by Mr. White and adopted by the following vote: . AYES: Council Members Parrott, Swain, Trout, White, Wya~ Hams and Mayor Bowers- . NAYS: None- BUDGET-HUMAN DEVELO. PMENT-GRANTS: The City Manager submitted a written report adv,sing that Virginia has been under Federal court order since June 1991, to complete at least 97 per cent of food stamp applications within 30 days of application date as a result of Robe..r~..on vs. Jackson, whic.h, is a claes action lawsuit filed by a group of V,rginia food stamp appl,cante because applications were not being processed in a timely manner; for Fede. ral fiscal.year 1996, Virg,nia had the highest food stamp error rate ,n the nation; for the same time period, the City of Roanoke's internal error rate was 11.53 per cent which caused a 1.8 per cent contribution to the State's error rate; the Roanoke City Department of Social Services has been in a Special Corrective Action program since October, 1995 as a result of the Iocality's error rate; Virginia implemented the program for those agencies with the largest contribution to the State's error rate; and the program requires second party case reviews, monthly summaries of findings by the supervisory unit, quarterly summaries by the agency, as well as other quality control efforts. 397 It was further advised that the City of Roanoke will not be required to participate in the Special Corrective Action program for Federal fiscal year t998 since the City's contribution to the State's error rate has now dropped to 0.72 per cent. which is below the 1.75 per cent threshold for Special Corrective Action; the City has been allocated a State grant in the amount of $10,672.00 to assist with further food stemp error reduction activitiea; and the grant money is being allocated to employ a part-time temporary aide to support eligibility staff. The City Manager recommended that Council appropriate $t0,672.00 to Food Stamp Error Reduction Cost Center 0014)54-5313- 2023, to accept Stets grant funds for food stamp error reduction activities; and increase the General Fund revenue estimates by $10,672.00 in Food Stemp Error Reduction Account No. 0014)20-1234- 0682. ACTION: (For full text, sas report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#335904)92297) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 186.) Mr. Trout moved the adoption of Ordinance No. 335904)92297. 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 At 3:00 p.m., the Mayor declared the meeting in recess. At 3:09 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. HUMAN DEVELOPMENT-TOTAL ACTION AGAINST POVERTY: The City Manager submitted a written report advising that effective October 1, 1997, the City of Roanoke will initiate the Virginia Initiative for Employment Not Welfare (VIEW), the JOBS program in the 398 ACTION: Commonwealth of Virginia established by House Bill 2001; the City has operated s successful employment program for welfare recipients since Ii ens.ctment of the Federal Jobs .B. il, in 1988 to help dependent families I! achieve self-sufficiency; the City's Depa.b~,ent of Social Services wishes to continue to contract one component of the VIEW Initiative called Group Job Search, which offers two weeks of classroom training to build self-esteem, motivation, and specific job-eeeking skills, with an anticipated 700+ participants for the contract period; specifications were developed and Request for Proposals t~97-6-24 was sent to 25 vendors known to be able to provide similar services; six proposal responses were received; and negotiations were conducted with the most qualified firm, Total Action Against Poverty in Roanoke Valley. The City Manager recommended that he be authorized to execute a contract, in a form to be approved by the City Attorney, for Group Job Search with Total Action Against Poverty in Roanoke Valley, in the amount of $53,514.00, to provide necessary 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.) Mr. Trout offered the following resolution: (~33591-092297) A RESOLUTION authorizing execution of a ! contract with Total Action Against Poverty in Roanoke Valley to provide Group Job Search, a component of Virginia Initiative for Employment Not Welfare. (For full text of Resolution, see Resolution Book No. 60, page 187.) Mr. Trout moved the adoption of Resolution No. 33591-092297. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: None 0. HUMAN DEVELOPMENT: The City Manager submitted a written report advising that since November t987, the City of Roanoke Department of Social Services has contracted for the issuance of food stamps to an orga. ni.zation specifically designed to provide that type of servic.e; the existing contract which is administered by Cost Containment, Inc., is scheduled to expire on October 31, t997; 399 spscific.a, lions were developed and sent to firms which provide this type of ee.rv,ce in Virginia; and proposals were received from Cost Containment, Inc., and Assured Issuance, Inc.; and Assured Issuance, Inc. provided the lowest responsible proposal that meets all required specifications, at a cost of $.425 per transaction, an approximate monthly amount of $2,763.00, plus postage. The City Manager recommended that he be authorized to execute a contract with Assured Issuance, Inc., in a form to be approved by the City Attorney, to provide for issuance of food stamps for the period November 1, 1997, through October 3t, 1998, with the option to renew for two additional one-year periods; 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: (~33592.092297) A RESOLUTION authorizing the acceptance of a bid and execution of a contract with Assured Issuance Incorporated, for the provision of Food Stamp Issuance Service. I (For full text of Resolution, see Resolution Book No. 60, page 188.) ACTION: Mr. Trout moved the adoption of Resolution No. 33592-092297. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Harris and Mayor Bowers C. NAYS: Vice-Mayor Wyat*. 1. HUMAN DEVELOPMENT-TOTAL ACTION AGAINST POVERTY: The City Manager submitted a written roport advising that Total Action Against Poverty has been receiving funding from the City of Roanoke since 1974; during fiscal year t995-96, Council approved the reformatting of the Citizens Services Committee into two committees to review funding requests from cultural and human service agencies; the Director of Human Development and Total Action Against Poverty met to develop proposed program services to be provided by TAP on behalf of the City; and program services to be provided by TAP include the following categories: 400 ACTION: Food and Nutzition Community Development Education and Employment Transitional Living Center Offender Services Women's Resource Center It was further advised that the Director of Human Development and Total Action Against Poverty developed performance measures for the goals and objectives of the proposed services included in the contract; the performance measures will be evaluated to assure the delivery of services to Roanoke City citizens on a monthly, quarterly, or annual basis depending on the particular activity; and TAP provides direct services for the City of Roanoke. The City Manager recommended that he or his designee be authorized to contract with Total Action Against Poverty to provide the services as described in the contract, subject to the availability of funding in the City's fiscal year 1997-98 operating budget. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33593-092297) A RESOLUTION authorizing the City Manager to enter into a contract with Total Action Against Poverty in the Roanoke Valley (TAP), to provide certain program services for the City, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 60, page 189.) Mr. Trout moved the adoption of Resolution No. 33593-092297. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers... 7. NAYS: None 0. CITY CODE-CITY MARKET-LEASES: The City Manager submitted a written report advising that an increasing number of complaints have been.received from Downtown Roanoke, Incorporated, as well as from indiv,dual merchants and citizens regarding activity in the City Market; 401 and following discussion wi.t~, the City Attorney, an ordinance was prepared f..o.r Council's cone,deration which will be of benefit to the Roanoke C,ty Police Department in ensuring that the market spaces and stalls will be us~l for their intended purposes. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#33594.O92297) AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new §24-76, l~ ora lease or uermit. Brohibited uses of spacus and tables: Dena!h_'_=-, to regulate the use of market spaces, stalls and tables; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 189.) ACTION: Mr. Harris moved the adoption of Ordinance No. 33594-092297. The motion was seconded by Mr. Swain and adopted by the following vote: I Harris AYES:end MayorC°UnciIBowersMembers P..arrott, Swain, Trout, INhite, Wya~ NAYS: Non= ,,, O. CITY CODE-CITY EMPLOYEES-PERSONNEL DEPARTMENT: The City Manager submitted a written report advising that a request was made by Council to review the possibility of establishing a leave bank for City employees; a leave bank would provide City employees with an opportunity to be paid their salary during an illness or disability for the time period between expiration of accumulated leave (vacation, paid leave, sick leave, extended illness leave, holiday leave and compensatory time) and the beginning of the City's long term disability coverage, which was offered to City employees effective April 1996, resulting in more than 85 per cent of employees enrolled; and major provisions of the proposed leave bank policy include the following: All regular employees would be eligible to participate. Initial membership shall include 33 percent of all regular employees in order to begin the program. Calculation will be made on or before December t, 1997." Membership in the leave bank would be offered to new employees and once a year to all employees. .i~! Employees would initially contribute 16 hours of vacation leave, paid leave, extended Illness leave or sick leave to enroll in the leave bank. Application to withdraw hours from the leave bank would be made by employees to an employee committee appointed every three years by the Manager of Personnel Management. Employees must exhaust all available leave before leave bank hours may be used. Maximum leave bank hours that may be granted to an employee would be 360 hours during a fiscal year. Leave bank hours may be used only for the employee's own dieebility and not for a family member. Repayment by employees to the leave bank would be required at a rate of at least 24 hours per year. ~ Members of the leave bank would be assessed an additional 8 hours each when the total balance of the leave bank becomes reduced to 800 hours. Leave bank eligibility ceases when an employee is eligible for the City's long-farm disability coverage (90 days from the date of disability). If an employee has not signed up for long term disability coverage, eligibility for leave bank benefits also ends after 90 calendar days from the date of disability. The number of hours of donated leave, leave usage, and rslatod issues shall be adjusted for 24-hour shift employees according to leave accrual and hours worked by such employees as set forth in the attachment to the report. 403 The City Manager recommended that Council implement a leave bank policy, effective December 1, 1997, to allow City employees to contribute vacation leave, paid leave, extended illness leave or sick leave to a leave bank for application for uae in the case of a catastrophic condition; and funding is provided in the regular salaries. (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: (#33595) AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by enacting new §2-47, EmDIo~vee leave bank, to provide for the creation of a leave bank for eligible employees of the City who elect to participate; establishing the requirements and criteria for participation in such program and for usage of such leave; authorizing the City Manage; to promulgate rules and regulations; and establishing a required participation level. (For full text of Ordinance, see Ordinance Book No. 60, page 196.) The motion was seconded by Me. Wyatt and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: None 0. REPORTS OF COMMITTEES: BUDGET-SEWERS AND STORM DRAINS: Council Member John H. Parrott, Chairperson, Bid Committee, presented a written report on behalf of the Committee, advising that the Roanoke River Interceptor Sewer Replacement is part of the renovation and expansion of joint use sewer facilities considered by Council at its meeting on December t3, 1993; funding in the amount of $15.7 million was approved by Council on December 13, t993, to support the City's share of the $41.5 million project, which funds ars from the proceeds of a general obligation bond issue; the Roanoke River Interceptor Sewer Replacement project replaces the existing interceptor sewer form the Water Pollution Control Plant to the Salem City limit; Contracts Al, A2, B1 and B2 I replace the existing interceptor from the Water.Pollution Control Plant to Weeena Park at Winchester Street; the proJect was advertised for bids as four separate contracta, Contracts Al, A2, Bt, and B2; 11 bids 404 were received from three contractors for the various project altematives with Alex E. Paris Contracting Co., Inc., submitl]ng the Iow bid in the amount of $18,367,063.00 for the combined Contract Al, A2, B1, and. B2; ~e City .o.f Salem and Roanoke County ,h, re .the cost of the project w~th the City of Roanoke; and the total construction cost of the project (Contracts Al, A2, B1, and B2) is estimated as follows: Construction Contract Contingency Railroad Flagging and Construction Total $18,367,063.00 1,836,706.00 The project cost is apportioned between the participating jurisdictions, as follows: City of Roanoke City of Salem Roanoke County 36.7% $ 7,442,308.00 33.7% 6,833,945.00 29.6% 6,002,516.00 In the event that only Sections A1 and A2 of the combined contract are undertaken, the project cost is estimated as follows: Contract A1 Contract A2 Contingency Total $ 4,270,642.00 4,615,283.00 I The project coat is apportioned between the par'acipating jurisdictions, aa follows: City of Roanoke City of Salem Roanoke County 36.7% $ 3,587,248.00 33.7% 3,294,012.00 29.6% 2,893,257.00 The Bid Committee recommended that Council approve the following actions: Authorize the City Manager to execute a unit price contract for the combined contract, in a form to be approved by the City Attorney, with Alex E. Paris Contracting Co., Inc., in the amount of $18,367,063.00, with 540 calendar days for completion with project contingency of $1,836,706.00 and $75,000.00 foar charges by Norfolk Southe..m. Corporation for flagman services; and the contract.o.r w, II only be auth.orized to proceed with work on Sections At and A2 at th,s time; and 405 Transfer $7,442,308.00 from STP Expansion Bonde 1994, Account No. 003-056-8465-9001, to an account to be established by the Director of Finance entitled, "Roanoke River Interceptor Sewer Construction"; and appropriate $12,836,461.00 to the same account from funds to be provided by other jurisdictions 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'e Office.) Mr. Parrott offered the following emergency budget ordinance: (#33596-092297) AN ORDINANCE to amend and raordain certain sections of the 1997-98 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 190.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 33596-092297. 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. Mr. Parrott offered the following emergency ordinance: (~33597-092297) AN ORDINANCE accepting the bid of Alex E. Paris Contracting Co., Inc., for a combined contract, including sections Al, A2, BI, and B2, for the Roanoke River Interceptor Sewer Replacement Project, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 192.) 406 ACTION: Mr. Parrott moved the adoption of Ordinance No. 33597-092297. 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. BUDGET-SEWERS AND STORM DRAINS: 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 Baker Avenue Storm Drain Project, advising that a significant drainage problem has existed for over 20 years on Shenandoah Avenue between Baker Avenue and Luckett Street; Shenandoah Avenue carries over 14,000 vehicles per day and frequently floods to depths that slow or impede traffic; in addition, several businesses located in this area of Shenandoah Avenue are repeatsdly flooded by the lack of proper drainage; and following proper advertisement, five bide ware received, with E. C. Pace Co., Inc., submitting the Iow bid, in the amount of $480,197.15. The Bid Committee recommended that Council approve the following actions: Authorize the City Manager to enter into an agreement, in a form to be approved by the City Attomey, with E. C. Pace Coo, Inc.: in the amount of $480,197.15 and 240 consecutive calendar days to complete the work, with a project contingency of $48,000.00, to construct the Baker Avenue Storm Drain Project as designed and subject to acquisition of necessary property rights; and Transfer $528,197.15 from t996 Bonds, Storm Drains, Account No. 008-052-9701-9176, to an account to be established entitled, "Baker Avenue Stor,tt Drain Project." The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full taxt, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: 4O7 ACTION: (~33598-092297) AN ORDINANCE to emend and reordain certain sections of the 1997-98 Cepital Projects Fund Approprietions, and providing for an emergency. (For full text of Ordinance, see Ordinence Book No. 60, pege 193.) Mr. Parrott moved the adoption of Ordinance No. 33598-092297. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Perrott, Swein, Trout, White, Wyatt, Harris end Meyor Bowers .............. 7. NAYS: Non-- 0. Mr. Parrott offered the following emergency ordinance: (#33599-092297) AN ORDINANCE accepting the bid of E. C. Pace Co., Inc., for the construction of the Baker Avenue Storm Drain Project, upon certain terms and conditions, and awarding a contract therefor; authorizJng the proper City officiels to execute the requisite contract for such work; rejecting all other bids mede to the City for the work; and providing for en emergency. (For full text of Ordinance, see Ordinence Book No. 60, pege 194.) Mr. Parrott moved the adoption of Ordinance No. 33599-092297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swein, Trout, White, Wyatt, Harris and Meyor Bowers 7. NAYS: None UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: C AND P TELEPHONE COMPANY-FRANCHISES-CITY PROPERTY-SPECIAL PERMITS-TELEPHONE COMPANIES-TELEPHONE EQUIPMENT-BELL ATLANTIC-VA., INC.: Ordinance No. 33567 authorizing the City Manager to execute on behalf of the City a Franchise Extension Agreement with Bell Atlantic - Virginia, Inc., and extension agreements for the Temporary Nonexclueive Revocable License Ag .me. ments wii;i KM..C Telecom of Virginia, Inc., and American ! Communication Services of V,rginia, Inc., for a period of one year each, with the other terms of the Franchise and License Agreements to remain the same, the form of each to be approved by the City Attemey, all as more particularly set forth in the City Manager's report dated September 2, t997, having previously been before the Council for its first reading on Monday, September 2, 1997, 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: (#33567.092297) AN ORDINANCE authorizing the City Manager to execute on behalf of the City a Franchise Extension Agreement with Bell Atlantic - Virginia, Inc., and extension agreements for the Temporary Nonexclusive Revocable License Agreements with KMC Telecom of Virginia, Inc., and American Communication Services of Virginia, Inc., for a period of one year each. (For full text of Ordinance, see Ordinance Book No. 60, page 170.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33567-092297. 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: Non= 0. VIRGINIA MUNICIPAL LEAGUE-COUNCIL: Mr. Harris offered the following resolution designating Vice-Mayor Linde F. Wyatt as the Voting Delegate and Council Member Carroll E. Swain as the Alternate Voting Delegate for the Annual Business Session of the Virginia Municipal League to be held in Hampton, Virginia, on October 21, 1997, and designating City Manager W. Robert Herbert as the Staff Assistant for any meetings of the Urban Section of the League: (#33600.092297) A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section of the League. (For full text of Resolution, see Resolution Book No. 60, page 195.) ii i I ACTION: Mr. Harris moved the adoption of Resolution No. 33600-092297. The motion was seconded by Mr. Trout and adopted by the following vote: 4O9 AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers... 7. NAYS: Nono 0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: SIGNS-STREETS AND ALLEYS: Council Member Trout requested a response to his previous inquiry with regard to the increasing number of small signs advertising local businesses which have been placed on public fights-of-way; whereupon, Mr. Clark advised that City staff conducted a sweep of major thoroughfares and retrieved approximately 325 illegal signs, and these thoroughfares will be placed on a regular schedule for removal of such signs. COMPLAINTS-PARKS AND RECREATION: Council Member Swain advised that he has received citizen complaints relating to the City's weed abetsment process, and suggested that the City review its procedures and follow up after City crews have completed weed removal to ensure that the work has been performed to the citizens' satisfaction. ZONING-COMMUNITY PLANNING: Council Member Swain expressed concern with regard to the "grand fathering clause" relating to junk yards, and the City's lack of authority to require fences in these areas. He requested that City staff look at these areas and review the City's authority to require fences to shield these areas from public view. The Mayor requested that the City Manager contact Council Member Swain to obtain the specific locations of these areas. MINORITY/WOMEN OWNED BUSINESSES-PROCUREMENT CODE: Council Member Swain stated that recently he and Council Member White requested information with regard to assistance being given to minority/small businesses in the City, and a reply had been received from the City administration; however, it appears the process does not provide an opportunity for input from the businesses. He requested that information be provided to minority/small businesses as to how and where they may obtain help from the .C. ity, and in par'dcular, better explanations and assistance with regard to the City's bidding process. 410 ACTION: ACTION: ACTION: OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: COMPLAINTS-CITY MANAGER: Mr. A..nthony Petereon, 1551 Wellsley Street, N. W., appeared before Counc,I and expmseed concern with regard to financial and employment difficulties he is experiencing. Without objection by Council, the Mayor requested that the City Manager discuss the matter with Mr. Peterson. At 3:56 p.m., the Mayor declared the meeting in recess. At 4:15 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With respect to the Execu'dve 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 wes convened were heard, discusse~, or considered by City Council. The motion wes seconded by Mr. Swam and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: None-- COMMITTEES-COMMUNITY PLANNING: The Mayor advised that there is a vacancy on the City Planning Commission created by the resignation of Carolyn H. Coles, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Cedric E. Malone. There being no further nominations, Mr. Malone was elected as a member of the City Planning Commission, for a term ending December 31, 2000, by the following vote: FOR MR. MALONE: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. 411 ACTION: ACTION: COMMITTEES-ROANOKE CIVIC CENTER: The Mayor advised that the term of office of Calvin H. Johnson as a member of the Roanoke Civic Center Commission will expire on September 30, 1997, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Calvin H. Johnson. There being no further nominations, Mr. Johnson was reelected as a member of the Roanoke Civic Center Commission, for a term ending September 30, 2000, by the following vote: FOR MR. JOHNSON: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. Inasmuch as Christie Meredith Kelsey, Commissioner of the City of Roanoke Redevelopment and Housing Authority, is not currently a resident of the City of Roanoke, Mr. Trout moved that the City residency requirement for persons serving on authorities, boards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Ms. Wyatt and unanimously adopted. At 4:18 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Monday, September 22, 1997, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the 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. 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 Sandra H. Eakin, Deputy City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. 412 The Pledge of Allegiance to the Flag of the United States of ~ America was led by Mayor Bowers. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY EMPLOYEES-PERSONNEL DEPARTMENT-AFFIRMATIVE ACTION: Angela E. Norman, 1731 Michael Street, N. W., a City employes, advised that she was appaaHng before Council as a citizen, a minister and a City employes; that discrimination is alive and well in the City of Roanoke in certain City departments; she has talked with the City's Personnel Manager, Assistant City Manager and City Manager about her concerns and they have been reactive, but not proactive; that favoritism and nepotism takes place in City government; that having the positions of Personnel Manager and Affirmative Action Officer combined is a conflict of interest; the City's grievance procedure is a dead-end procedure; and she would like to petition City Council to separate the positions of Personnel Manager and Affirmative Action Officer into two separate positions and have the Affirmative Action Officer report directly to City Council. Robert Gravely, t524 Hanover Avenue, N. W., appeared before Council and advised that City Council has let the problems of discrimination and racism in the City of Roanoke go too far; that City Council needs to go to the citizens and to the City employees to date ~r~.ine the problems that exist and see that the needs of citize, ns I and C;ty employees are met; and ha feels these people are being mistreated. Evelyn D. Wheeler, 3021 Ashwood Circle, N. E., Apartment 158, appeared before Council and advised that she is an eligibility worker with the City's Depart~ent of Social Services and is currently involved in a grievance action against the City, with a grievance hearing scheduled for the month of October. She stated that there are instances of harassment, unfair treatment, and racial discrimination that occur in City government; that certain information about these acts of discrimination have been reported to the Equal Employment Opportunity Commission; and pointed out that a class action discrimination suit could be filed by City employees. Carolyn Harris-Hinches, 569 Olney Road, Vinton, Virginia 24179, appeared before Council and advised that she has been a City employes for 22 years in the Department of Social Services; that certain City employees are being discriminated against; the City management is denying the rights of those employees with disabilities; some .employees are being retaliated against; she was denied her merit I~av Increase this year; she has sought help from the City management'.fo'r two years to no avail; and she urged Council to stop the discrimination that is taking place in the City government. 413 James A. Croan, 914 Old Country Club Road, N. W., appeared before Council and advised that he was present to assist those employees who need help; that racism exists and continues to grow in the City government; he has incurred many problems with the City over the years; that blacks still remain economically and socially deprived in the City; we are Io~ing good people because of the racism that exists in this community; and the City should recruit more ethnic, diverse people to serve in City government. Perneller L. Wilson, 3045 Willow Road, N. W., appeared before Council and advised that she is the President of the Roanoke Chapter of the Southern Christian Leadership Conference; she is appalled at the discrimination that exists in the City of Roanoke; and no one should have to work in a threatening situation. She urged City Council to listen to its employees who are devotsd to their jobe, and to solve this problem in a timely fashion. Mayor Bowers stated that discrimination on the basis of race, sex, religion, or nationality will not be tolerated in Roanoke City government, and he assured City employees that there will be no retaliation or retribution because of their remarks; that the Federal Equal Employment Opportunity Commission and the City's Personnel and Employment Practices Commission are set up to hear employee grievances; that there are other forums by law where employees can bring these grievances; that Members of City Council cannot intervene in issues of personnel matters in the City govemment; City Council takes these accusations and issues very seriously and would like to properly respond; therefore, the City Council has no altemative except to refer these matters to the City Manager and City Attorney in order to get the proper response to the concerns expressed. ACTION: Without objection by Council, the Mayor advised that the remarks would be referred to the City Manager and the City Attorney for report back to Council. At 7:44 p.m., the Mayor declared the meeting in recess. At 7:52 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. ZONING: Pureuan.t. to Resolution No. 25523 .adopted by the Council on Monday, April 6, 1981, the City Clerk hav,ng advertised a public healing for Monday, September 22, t997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Bobby Lee Willie that a certain tract of land located at tt02 Centre Avenue, N. W., designated as Official Tax No. 2112311, be rezoned from LM, Light Manufacturing District, to RS-3, Residential Single Family District, subject to conditions proffered by the pet~oner, the matter was before the body. Legal adverl]sement of the public hearing was published in The ~ on Thursday, September 4, 1997, and Thursday, September 11, 1997, and in the ~tJ]9~_~TJ~il~l~ on Thursday, Septsmber 4, 1997. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the City Building Deparlment issued a Condemnation and Repair Order on the occupied property in December 1993, which order required that the owner either make rep.aire to the City Code violations or to secure/ board up and mainte,n the.bu!lding; repairs requested included substantial exterior and inter,or ;mprovements, including plumbing, electrical and heating; and inasmuch as the repairs were not undertaken, the City proceeded to board up the structure, was before Council. The Planning Commission further advised that the City Building Department issued a Raze Order to demolish the property in February 1997; the property owner did not appeal the order or demolish the property; the City proceeded with securing a demolition contractor; the properbj owner desires to rehabilitete the structure which is located in a LM, Light Manufacturing District, however, is unable to secure a building permit because the property is non-conforming and has not been used as a residence for more than two years; the property owner applied to the Board of Zoning Appeals in June 1997 for a variance to continue the non-conforming status of the property; and at a public hearing of the Board of Zoning Appeals held on July 8, 1997, the request for a variance was denied on the basis that the Board had no authority to grant a use variance. 415 The Planning Commission explained that the purpose of the rezoning request was to allow the owner to rehabilitate the existing residential structure. The Planning Commission recommended that Council deny the request for rezoning, and advised that while the property owner desires to rehabilitate the existing residential structure, the surrounding area is of an industrial nature and the current zoning is appropriate, considering the existing land uses, its location in an Urban Enterprise Zone, and the new industrial development that has occurred in the general area. (For full text, see report on file in the City Clerk'e Office.) Bobby Lee Willie appeared before Council in support of hie request. Mr. Trout moved that the following ordinance be placed upon its first reading: AN ORDINANCE to amend ~6.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 211, Sectional 1976 Zone map, City of Roanoke, to rezone certain property within the City. 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 request for rezoning; whereupon, Mr. Willis explained that his request for a variance to continue the non- conforming statue of the property was heard by the Board of Zoning Appeals on July 8, 1997; that certain remarks were made by Dan Pollock about drug use at his residence and he had no opportunity to defend himself against the comments of Mr. Pollock; that on March 14 and 17, t997, he had conversations with John Mar#ss; that he and A. Byron Smith both had variances with identical wording before the Board of Zoning Appeals on the same date, and he feels his request was denied because of his background. Mr. Marlles provided Council with certain background information about the property in question, advising that the property has been vacant since December 1993; that the Building Depa~b~tent ordered the owner to make certain repairs to the code violations or to secure/board up and maintain the building; repairs were not undertaken and the city proceeded to board up the structure, and issued a raze order to demolish the structure in February 1997; the property owner did not appeal the order and the City proceeded with securing a demolition contractor; in June 1997, Mr. Willis applied for a variance to continue the non-conforming status of the property, and the Board of Zoning Appeals denied Mr. Willis' request on the basis that it had no authority to grant a use variance; the City Planning Commission held a public hearing on the matter on August 6, t997, and recommended denial of the request mainly because the property is located in an area zoned for manufacturing, with recent industrial activity and growth in the area; and the City Planning Commission believes the area is more conducive to industrial uses. Ms. Wyatt inquired as to what kept Mr. Willis from beginning work on the residence until t996 or 1997 when he received an order to board up and/or maintain the property in 1993; whereupon, Mr. Willis advised that when he applied for a building permit, he was told his request could not be granted because the property is located in an industrial area. He explained that the property was not vacant for four years; that he had been living in the house using electricity and water from his mother's house adjacent to his property; and that his request for a variance was the same as A. Byron Smith's request on Centre Avenue and Mr. Smith's request was approved and his was denied. Mr. Swain inquired as to whether Mr. Willis intends to perform the -- repairs on the house himself; whereupon, Mr. Willis advised that he does plan to do the work himself with the assistance of friends, at an estimated cost of $7,000.00 in matariais, and that he would like an opportunity to repair his house and preserve it. Mr. White inquired as to what impact it would have on the City of Roanoke if Council grants Mr. Willis' request to renovate his house; whereupon, Mr. Marllsa stated that approval of the request would be a spot rezoning, and would discourage industrial development in this ara;lo Mr. White inquired as to whether Mr. Willis would be able to provide the $7,000.00 needed to renovate the property within the next two years; whereupon, Mr. Willis advised that he would be able to do SO. Mr. Harris stated that apparently Mr. Willis was residing in the house illegally for approximately two years, and inquired as to whether the Board of Zoning Appeals was aware that Mr. Willis had been occupying the house for the past two years; whereupon, Mr. Marlles 417 ACTION: advised that he was not certain whether the Board was aware of this information, that it was new information to him, and if the information had been known, the house and property would not have lost its non- conforming status. Mr. Harris inquired as to whether this information would have affected the decision of the City Planning Commission; whereupon, Mr. Madles stated that he has no documentation that Mr. Willis has lived in the house for the peat two years, and documentation would need to be obtained before any determination could be made in this regard. Mr. Harris stated that he would like to have the matter referred back to the Zoning Administrator in view of the new information received concerning Mr. Willis living in the house in the pest two years. Mr. Harris moved that the matter be tabled in order to resolve certain issues relating to the request. At 8:28 p.m., the Mayor declared the meeting 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. The motion of Mr. Harris that the matter be tabled in order to resolve certain issues relating to the request, was seconded by Mr. Swain and adopted by the following vote: AYES: Mayor Bowers Council Members Parrott, Swain, Wyatt, Harris and 5. NAYS: Council Members Trout and White 2. Ms. Wyatt requeeted that the matter be brought back to Council in a timely fashion. OTHER HEARING OF CITIZENS: ZONING: Mr. Martin D. Jeffrey, 517 Rutherford Avenue, N. W., appeared before Council and expressed concem with regard to Council's action on the request of Bobby Lee Willis to rezone certain property Iocatm] at 1102 Centre Avenue, N.W. He stated that he did not feel Mr. Willis' request was a complicated matter; that the City has a certain obligation to its citizens and Council missed it; and he hopes that Council will resolve this matter to benefit Mr. Willie. Ms. Wyatt stated that her intent with regard to tabling this matter was ~ allow time to sort through the issues to help resolve some of the :1! questions that were brought up. Mr. White expressed appreciation to Mr. Jeffrey for his remarks and stated that he sharee Mr. Jeffrey's feelings. ZONING: Ms. Mildred P. Crews, 1104 Centre Avenue, N. W., appeared before Council and stated that she is Bobby Lee Willis' mother; that a Mr. Fergeson has purchased and demolished several houses in the area of 1102 Centre Avenue, and he does not cut the grass or maintain the vacant properties; and that if Mr. Ferguson had petitioned Council to purchase this property and rezone it, she believes Council would have approved it. There being no further business, the Mayor declared the meeting adjourned at 8:42 p.m. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk Mayor 419 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL October 6, 1997 12:15 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, October 6, 1997, at t2:t5 p.m., the regular mes~ng hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reaular Meetinu_e, of Section 2-15, ~,UJ~LRL~:I~ Code of the City of Roanoke (1979), aa amended. PRESENT: Council Members Carroll E. Swain, James O. Trout, William White, Sr., Linde F. Wyatt, C. Nelson Harris, 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; Wilbum C. Dibling, Jr., City Attomey; James D. GHsso, Director of Finance; and Mary F. Parker, City Clerk. HUMAN DEVELOPMENT-YOUTH-TEEN PREGNANCIES: Dr. Molly L. Rutledge, Director, Roanoke City Health Depa, l,i',ent, presented a briefing on teen pregnancy. She was assisted by Kathy LaMotto, Teen Outreach Prevention Coordinator. In summary, Dr. Rutledge presented the following information: *In 1992, Roanoke area physicians, in conjunction with the former Health Director, started an adolescent health clinic in the Hurt Park community. *In 1993, the first school-based health clinic wes started at Patrick Henry High School. *In 1994, William Fleming High School/William Ruffner Middle School opened a school-based health clinic and the City received $14t,000.00 from the state to combat the teen pregnancy problem. *In 1995, the City received yearly funding of $200,000.00 for teen pregnancy prevention and a coordinator was hired. *Each adolescent birth in the City of Roanoke coats approximately $20,000.00 per family. 420 ACTION: *In 1996, $7,860,000.00 (a large portion of which mpresente City funds) was spent on teen pregnancy births. Dr. Rut]edge advised that communities can most effectively change teen pregnancy rates through school-based health clinics and community-based programs, by supporting local family planning programs, and by providing assistance to the economically disadvantaged. Me. LaMotte advised that Roanoke City is one of the top ten localities in the State for teen pregnancy prevention, and the City of Roanoke is one of seven Virginia Deparb,,ent of Health pilot sites for teen pregnancy prevent]on in the Commonwealth of Virginia. She explained that a coalition was formed to review Roanoke City teen pregnancy prevention programs and it was determined that the City of Roanoke needs more access to health care for teens, a male-targeted program, secondary prevention (preventing a second pregnancy for teenagers who have already experienced a first pregnancy), increased prevent]on to target high risk teens, and better coordination of services. Ms. LaMotte explained that the Roanoke Adolescent Partnership, which is a partnership between Carillon Health System, the Roanoke City school system, the Roanoke Redevelopment and Housing Authority, and the Health Depafb,,ent, was expanded, and the Partnership sponsored the school-based health clinic in Hurt Park, the For Males .Only Program which now has a coordinator, the Resource '1 Mothers Program wh,ch aeeiste in preventing second pregnancies, and the Teen Outreach Program which also has a coordinator. Following questions by the Members of Council, the Mayor advised that without objection by Council, the briefing would be received and filed. At 12:55 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, October 6, 1997, 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 Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris, John H. Parrott and Mayor David A. Bowers 7. ABSENT: None 421 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 Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. BONDS/BOND ISSUES-SCHOOLS: The City Clerk having advertised a public hesHng for Monday, October 6, 1997, at 2:00 p.m., or as soon thereafter as the matter may be heard, to consider adoption of a Resolution approving the issuance by the City of its general obligation bonds, in an amount not to exceed $5.0 million, for the purpose of financing, in pert, the costs of improvements and additions to Woodrow Wilson Middle School in the City of Roanoke, the matter was before the body. Legal advertisement of the public hearing was published in Th9 Roanoke Times on Monday, September 22, 1997, and Monday, September 29, 1997. (See publisher's affidavits on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (~33601-100697) A RESOLUTION authorizing the issuance of not to exceed $5,000,000 general obligation school bonds of the City of Roanoke, Virginia, Series 1997-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. 60, page 198.) ACTION: Mr. Swain moved the adoption of Resolution No. 33601-100697. The motion was seconded by Mr. Trout. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Resolution No. 33601-100697 was adopted by the following vote: 422 ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. i NAYS: Nono 0. 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 fo~n, 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 Roanoke City Council Capital improvement Program Workshops held on Friday, June 13, 1997, and Thursday, June 26, 1997, 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 end 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, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None .. 0. COMMII'I'EES-COUNCIL: A communication from Mayor David Ao 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), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) 423 ACTION: 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 Virginis (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parmtt and Mayor Bowers 7. NAYS: Nono 0. HOUSING/AUTHORITY-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH-ECONOMIC DEVELOPMENT-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: John P. Baker as a member of the Economic Development Commission for a term ending June 30, 2000; Bruce L. Robinson as a member of the Fair Housing Board for a term ending March 31, 2000; and Raymond D. Smoot, Jr., and Minnie E. Ridenhour for terms ending February 24, 2001, and Dixon B. Hanna for a term ending September 18, 2001, as Commissioners of the Hotel Roanoke Conference Center Commission. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualification be rscaived and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers -~ 7. NAYS: None 0. 424 HEARING OF CITIZENS UPON PUBLIC MATI'ERS: PARKS AND RECREATION-GREENWAY SYSTEM-VALLEY VIEW MALL-HOTEL ROANOKE CONFERENCE CENTER-STREETS AND ALLEYS: Elizabeth Belcher, Coordinator, Roanoke Valley Greenways, advised that the Lick Run Greenway from The Hotel Roanoke along the Lick Run corridor offers a tremendous potential to encourage economic development, provide for altsmative medes of transportation, mitigate stormwater runoff, enhance environmental education, connect neighborhoods, and protect wildlife habitat and riparian areas within the City; that while the gresnway would be a wonderful project in itself, the connection to Valley View Mall across the intersteate via a bicycle/pedestrian lane on the new overpass will provide a link that should not be lost; and the connection would not only improve safety for children who are already crossing the roadway, but would also greatly increase gresnway potential for bicycle transportation and for linking destination points in the City. Ma. Belcher further advised that the Roanoke Valley Greenway Commission funded a corridor study in August 1997 to identify area and potential cos. ts; whereupon, she introducer; Eugene C. re~ .o.u rces Wh[tesell of Whitesell Orrlson, Inc., Landscape Architecture Land Planning, to present a summary of the study. Mr. Whitesell advised that Whitesell Orrison, Inc., worked with the Fifth Planning Dis~ct Commission to develop a corridor study and initially prepared an inventory of the corridor, which is a two and one- half mile stretch of land extending from The Hotel Roanoke, Lick Run along 1-58t to Orange Avenue, through Washington Park, through the Shadeland Avenue area, through the Watts property and up to the new overpass which is considered to be the Phase I portion of the Lick Run corridor. He stated that as a part of the study, interviews were conducted with civic and neighborhood leaders, an inventory was prepared of the physical and cultural elements of the corridor, and recommendations were submitted on trail types, locations and cost estimates for proposed trail routes. He noted that Phase I would link not only downtown, but would also provide the potential for linking the linear railwalk and the proposed Mill Mountain gresnway with downtown, as well as providing an important link with downtown and the Civic Center for pedestrian use which would open up a great travel 425 corridor from downtown Roanoke to the Hotel Roanoke Conference Center. He advised that there is a natural corridor of green stretch from The Hotel Roanoke to the proposed overpass at 1-581, and aa a part of the study, property ownership and requirements for acquiring land, if necessary, were analyzed, for trail construction. He stated that the benefits of the greenway trail greatiy exceed just recreational uae. Ms. Jssnetto P. Manna, 1826 Tenth Street, N. W., expressed an interest in connecting her neighborhood, via the.Lick Run Greenway. She called attention to poor economic empowerment in the community, therefore, the grssnway connection is needed, especially since numerous laws exist, many of which are not traffic relat~l, that deprive the young people in the northwest community bom acquiring a driver's license. She advised that the Lick Run Greenway will beautify the Shadeland Avenue site and allow children from the area to walk to Washington Park. Ms. Belcher advised that the Roanoke Valley Greenway Commission is prepared to assist Roanoke City with greenway construction through grant writing, coordinating fundraising activities, community support, public input by involving the neighborhood in project design, soliciting volunteer groups to help with construction and maintenance, and forming a neighborhood watch organization. She stated that a Roanoke Valley Gresnway Commission member has been successful in obtaining a grant which could be used for Shadeland Avenue design of the gresnway, environmental education, and natural resource protection. She presented copy of the Lick Run Greenwey Corridor Study to the City Manager and to the City Clerk. Rupert M. Cutler, Executive Director, Westam Virginia Land Trust, requested that Council incorporate the recreational benefits of the greenway for all citizens of the City of Roanoke by taking the necessary steps to make the Lick Run Greenway possible. He stated that the gresnway could begin downtown where the trail to Mill Mountain ends and run from the new railwalk, past the Hotel Roanoke to Washington Park, along Lick Run, past Lincoln Terrace and Addison Middle School, along Shadeland Avenue to the Barrows Office Furniture facility, and across the 1-581 overpass. He advised that the Western Virginia Land Trust supports the Lick Run Greenway, and the pedestrian overpass on 1-581, and stands ready to assist in the development of citizen support and private sector support to receive 426 the land that has been offered by Henry Faison for the right-of-way for that pordon of the greenway closest to 1-581, and to seek private sector matching money, along with public funds, to develop the Lick Run Greenway. Following discussion of the matter, and without objection by Council, the Mayor advised that the remarks of Ma. Belcher, Ms. Manns, and Dr. Cutler would be referred to the City Manager for study, report and recommendation to Council. PETITIONS AND COMMUNICATIONS: BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS-VICTIM/ WtTNESSIJUROR PROGRAM: A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, advising that the Victim/Witness Assistance Program is designed to recognize and address the needs of victims and witnesses in the Roanoke City Criminal Juefice System and to continue the commitment for citizen support; Council accepted a start-up grant in September 1984, and hired a full-time program coordinator in October, 1984; and the Program as been in operation since that time, was before the body. I It was further advised that the Victlm/WitnessJJuror Program has been awarded a 12-month, $77,015.00 grant (No. 98-D8554VW97) for July t997 through June 1998; a local cash match of $25,671.00 will be provided, for a total grant budget of $102,686.00; and the local cash match is level funded from fiscal year 1996-97. The Commonwealth's Attorney recommended that Council concur in the following actions: Accept and participata in Victim/Witness Grant No. 98- D8554VW97, in the amount of $77,015.00, 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 1997-98 budget; Authorize the City Manager to execute all appropriate documents to obtain Grant No. 98-D8554VW97. 427 ACTION: Appropriate $77,015.00 in State grant funds and transfer $25,671.00 in local matching funds from General Fund Account No. 00t-004-9310-9535 to the Grant Fund and establish a corresponding revenue estimate in accounts to be established by the Director of Finance. A report of the City Manager concurring in the recommendation of the Commonwealth's Attorney wea also before Council. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33602-100697) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 209.) Mr. Trout moved the adoption of Ordinance No. 33602-100697. The mo~on wes seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Par~ott and Mayor Bowers 7. NAYS: None 0. Mr. Trout offered the following resolution: (#33603-100697) A RESOLUTION authorizing acceptance of Grant No. 98-D8554VW97 made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a Victim/Witness Assistance Program and authorizing the execution and tiling by the City Manager of the conditions of the grant and other grant documents. (For full text of Resolution, see Resolution Book No. 60, page 210.) Mr. Trout moved the adoption of Resolution No. 33603-100697. The motion was seconded by Mr. Swain and adopted by the following vote: 428 AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ...... 7. NAYS: None REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None, ITEMS RECOMMENDED FOR ACTION: HOUSING/AUTHORITY-COMMUNITY PLANNING-GRANTS- CONSULTANTS REPORTS-HENRY STREET REVIVAL COMMITTEE: The City Manager submitted a written report advising that the final report of the Henry Street Revival Committee was presented to Council on November 18, t996; and in February 1997, several citizens and City representatives visited Asheville, North Carolina, to meet with representatives of the Eagle/Market Street Development Corporation and the City of Asheville, said Corporation having been formed in 1994 to revitalize an area known as "The Block," which was once the thriving commercial and civic center of Asheville's African-American community. It was further advised that The F. A. Johnson Consulting Group, Inc., is a minority-owned corporation in Columbia, South Carolina, which has extensive experience in organizing and managing community development corporations and packaging community development projects throughout the southeast; between February 25, t997, and May 6, 1997, Mr. Johnson and representatives of his firm met with local residents on numerous occasions; with Mr. Johnson's assistance, local residents have begun the process of forming a new community development corporation known as the Roanoke Neighborhood Development Corporation (RNDC); when fully organized, the Board of Directors of RNDC will include representatives of local government agencies, residents, property owners, and financial institutions; an Action Plan Work Program for the Roanoke Neighborhood Development Corporation was adopted on May 6, 1997; on June 10, t997, the City Administration was notified by Vemice J. Law, Temporary Chair, that the RNDC adopted a resolution to: (1) hire 429 F. A. Johnson Consulting Group, Inc. (FAJC), to sewe as the organization's managing consultant; and (2) adopted FAJC's Action Plan Work Program; and the Roanoke Neighborhood Development Corporation requested that the City Administration take action on the Plan within 30 days. It was explained that a request for Community Development Block Grant funds, in the amount of $191,200.00, for the firat year program cost was submitted to the Office of Grants Compliance on August 7, 1997; and an Administrative Agreement is necessary for funds to be obligated to the project. The City Manager recommended that Council concur in the following actions: Designate the Roanoke Neighborhood Development Corporation as the duly designated entity for the purpose of dispensing the $9,649.00 in funds which were formerly held by the Henry Street Revival Committee for projects on Henry Street; Authorize the City Manager, or the Assistant City Manager, to amend the Annual Update with the U. S. Depe,;,,ent of Housing and Urban Development and to execut~ agreements and amendments thereto with the Roanoke Neighborhood Development Corporation, 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; Cost to the City will be $t40,189.00 in Community Development Block Grant funds and $9,649.00 in Henry Street Revival Committee funds held in trust by the City, for a total of $149,712.00; and Funds will be available in the following accounts: Henry Street Improvement Account: 035-064-9437-515t 035-095-9537-5151 035-097-9737-5151 $55,719.00 $80,000.00 $ 4,470.00 430 Henry Street Revival Committee Account (Deposited in the Roanoke Valley Federal Credit Union) $ 9,649.00+ interest accrued (For full text, see report on file in the City Clerk's Office.) John R. Marile$, Chief, Community Planning, advised that on September 22, 1997, the Members of Council were briefed on the formation of the Roanoke Neighborhood Development Corporation, which is an organization appointed to undertake commercial and residential revitalization in Gainsboro and the northwest community. He explained that on November 18, 1996, the final report of the Henry Stm~t Revival Committee was presented to Council, which included a number of proposals, one of which was a recommendation that a new entity, possibly a community development corporation, would be created to finalize the Henry Street Land Use Plan and to begin the implementation process. He stated that Council did not immediately take action on the Committee's recommendation, and instaad deferred action to give citizens and community groups sufficient time to develop a consensus and to submit their own proposal. He further stated that following the action of Council, in February 1997, a group of residents and community leaders from Gainsboro and the northwest area of the City initiatad meetings and invited representatives of The F. A. Johnson Consulting Group, Columbia, South Carolina, to assist with organizing a community development corporation. He added that this group of citizens continued to meet with City staff during the spring and summer months and on August 7, 1997, the group submitted a request for Community Development Block Grant funds, in the amount of $191,200.00. He explained that an administrative public hearing to consider the request and the required amendment to the Consolidated Plan was held on August 19, 1997, and if approved by Council, the amendment to the Consolidated Plan will permit funds already committed to infrastructure improvements on Henry Street to be used by the new group for a variety of organizational, community and economic development activities. He noted that 145 citizens attended the public hearing, 11 citizens spoke in favor of the request, and no person spoke in opposition to the proposal. He called attention to visits by City officials to Augusta, Georgia, and Columbia, South Carolina, to see several successful projects that were undertaken by 431 ACTION: The F. A. Johnson Consulting Group. He explained that the City recommended funding level does not include all of the funds that RNDC has requested and additional funds may be requested as a pert of the Community Development Block Grant funding cycle which begins in January t998. He stated that it is recognized that the success of such an effort is dependent on more than just the support of local government, and, to that end, the City is working with the Roanoke Neighborhood Development Corporation to approach local financial institutions and other funding sources in the private and non-profit sectors. He introduced Teresa Walker, Vice-President, Community Reinvestment, First Union National Bank. Ms. Walker advised that First Union National Bank is pleased to perticipete in the pertnership with the City of Roanoke and the Roanoke Neighborhood Development Corporation by making a financial contribution of $t0,000.00 toward training materials and technical aesistence that will be required for the start*up of the Roanoke Neighborhood Development Corporation. F. A. Johnson, representing The F. A. Johnson Consulting Group, advised that he looks forward to working with elected officials, the City Manager, City staff and the Roanoke Neighborhood Development Corporation. He introduced Fred Johnson, President, The F. A. Johnson Consulting Group, and members of the Roanoke Neighborhood Development Corporation. Mr. White offered the following resolution: (#33604-100697) A RESOLUTION designating the Roanoke Neighborhood Development Corporation as the recipient of funds which were formerly held by the Mayor's Henry Street Revival Committee for infrastructure improvements for Henry Street; authorizing the City Manager to amend the Annual Update of the Entitlement Consolidated Plan for FY 1997-98, and to execute documents in connection with said amendment; and authorizing execution of an Administrative Agreement ~vith the Roanoke Neighborhood Development Corporation. (For full text of Resolution, see Resolution Book No. 60, page 211.) Mr. White moved the adoption of Resolution No. 33604-100697. The motion was seconded by Mr. Trout and adopted by the following vote: 432 AYES: Council Membera Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowera , ' 7. NAYS: None BUDGET-HUMAN DEVELOPMENT-GRANTS-YOUTH-JUVENILE CORRECTIONAL FACILITIES: The City Manager submitted a written report advising that the City of Roanoke has received Program Grant No. 03CY0269109, in the amount of $90,000.00, from the U. S. Department of Health and Human Services to administer Sanctuary's Outreach Program for runaway and homeless children, which funds are for the period September 1, t997 through August 31, 1998, and are to be used to cover the salaries of three quarters of the Outreach Coordinator's position, a Group Home Counselor II, a Group Home Counselor I, and related program activities; the U. S. Depa,~,~ent of Health and Human Services awards grants for services in three-year cycles; and the total grant project period is 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 U. S. Deparb,,ent of Health and Human Services' Runaway and Homeless Youth Program Grant No. 03CY0269109; 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 $67,025.00 16,880.00 646.00 2,549.00 2.900.00 $90,000.00 Federal Grant Revenue $90,000.00 (For full text, see report on file in the City Clerk's Office.) ,i 433 ACTION: Mr. Trout offered the following emergency budget ordinance: (#33605-100697) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 212.) Mr. Trout moved the adoption of Ordinance No. 33605-100697. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: Nono 0. Mr. Trout offered the following resolution: (#33606-100697) A RESOLUTION authorizing acceptance of a grant from the United States Depa~b,,ent of Health and Human Services to provide services 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. 60, page 213.) Mr. Trout moved the adoption of Resolution No. 33606-t00697. The motion was seconded by Mr. Swain and adopted by the following voto: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None 0. BUDGET-GRANTS-LIBRARIES-DISABLED PERSONS: The City Manager submitted a written report advising that Federal aid through the Library Services and Technology Act Title I Grant for $7,359.00 has been approved for the Roanoke City Public Library by the Library and Resource Center of the Virginia Depa~"bi~ent for the Visually Handicapped for fiscal year 1997-98; the Roanoke City Library is a Subregional Library for visually and physically challenged residents of the F;F~;~ Planning District; and the Library Administration recommends 434 ACTION: that the Subregional Grant, in the amount of $7,359.00, be used to continue the hours of an existing part.-time temporary Library A .ss.i, stent ~ in order to maintain the collection and files for the Subregional L,brary~. for the visually and physically challenged. The City Manager recommended that Council concur in the following actions: Accept the Library Services and Technology Act Title I Subregional Library for the Blind Grant, in the amount of $7,359.00, and appropriate $7,359.00 to the following accounts to be established in the Grant Fund: $6,835.00 to Temporary Employee Wages, Account No. 035-054-5045-1004 $524.00 to FICA, Account No. 035-054- 5045-1120 Establish a revenue estimate of $7,359.00 for the Subregional Title I Grant in the Grant Fund; and Authorize the City Manager, or .his designee, to execute the necessary documents accepting the Subregional 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: (~/33607-100697) AN ORDINANCE to amend and reordain certain sections of the t997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 214.) Mr. Trout moved the adoption of Ordinance No. 33607-100697. The motion was seconded by Mr. Harris and adopted by the following vote: 435 AYES: Council Msmbem Swain, Trout, White, Wyatt, Harris, I Parrott and Mayor Bowers -, 7. NAYS: None 0. Mr. Trout offered the following resolution: (#33608-100697) A RESOLUTION accepting a Library Services and Technology Act Title I Subregional Library for the Blind Grant. (For full text of Resolution, see Resolution Book No. 60, page 215.) ACTION: Mr. Trout moved the adoption of Resolution No. 33608-100697. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowera 7. NAYS: None 0. PARKS AND RECREATION-SCHOOLS: The City Manager submitted a written report advising that the Roanoke City Public Schools scheduled a complete renovation of Breckinridge Middle School to occur between June 1996 and August t997, and a fitness room was designed into the renovation; and physical fitness equipment, at a cost totalling $36,000.00, was approved for purchase by the Parks and Recreation Department under the fiscal year t997 Capital Maintenance and Equipment Replacement Program. It was further advised that Breckinridge Middle School renovations have been completed and the facility was opened to students in August 1997; Roanoke City Public Schools is using the fitness room and equipment for physical education classes and sports conditioning; the Roanoke City Parks and Recreation Depa,;,,,ent plans to operate the facilities as a public fitness center, open to the general public, during non-school hours; initial fees to be charged for fitness room usage for all persons ara: City residents - $10.00 per month or $2.00 per visit, all others -$15.00 per month or $3.00 per visit; entrance fees will not be charged for other areas, which will include foyer area leading into the fitness room, gymnasium, restrooms, cafeteria, three classrooms, locker rooms for men and women on the lower floor, and 436 ACTION: all adjoining common areas of Breckinridge Middle School, and Council's app.r.o, val of Ute agreement between the City of Roanoke and the Roanoke City School Board i~ required if the Parks and Recreation Depa,'b~,ent is to operate the fitness center. The City Manager recommended that he be authorized to execute an agreement between the Roanoke City School Board and the City of Roanoke allowing the Parks and Recreation Department to operate specified areas of Breckinridge Middle School as a public fitness center; and to establish user fees to be charged at the fitness center so long as such fees do not fall below the minimum fees stated in said agreement. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#33609-100697) A RESOLUTION authorizing the City Manager to execute an agreement between the Roanoke City School Board and the City of Roanoke, allowing the City to operate a fitness center at the Breckinridge Middle School for use by the general public, and authorizing the eeteblishment of user fees to be charged at the fitness center, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 60, page 216.) Mr. White moved the adoption of RssolutJon No. 33609-100697. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers... 7. NAYS: None. Council Member White requested a breakdown on the market value of fitness center services provided at Breckinridge Middle School compared to the same services provided by a private facility. 437 DIRECTOR OF FINANCE: I DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke fur the month of August 1997. (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: BRIDGES-COMMITTEES-COMMUNITY PLANNING-WAR MEMORIAL: A report of the War Memorial Committee with regard to the naming of Peters Creek Road Extension Bridge, advising that it is the consensus of the Committee, in view of the many worthwhile service organizations, that there might be many requests fur individual naming of bridges, therefur, the Committee suggests the fo#owing fur Council's consideration, was befure the body. The bridge to be named would be the large bridge closer to Shenandoah Avenue and the Virginia Veterans Care Center; So as to include all veterans, the bridge could be named either the Veterans Bridge or the Veterans Memorial Bridge; and Placement of an appropriate plaque on the structure in a conspicuous location denoting the name of the structure, with a ceremony including representatives of the various service organizations, at the time and date desired by Council. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Trout moved that the City Attorney be mqueeted to prepare the proper measure naming the Peters Creek Road Extension Bridge over the Roanoke River, "Veterans Bridge." The motion was seconded by Mr. Swain and unanimously adopted. 438 ACTION: SEWERS AND STORM DRAINS-WATER RESOURCES: Vice- Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to refunds of sewer cost estimate fees collected in cases where a sewer cost estimate cannot be provided to the applicant. A staff report advised that authority to charge a fee to determine sewer availability and to provide a cost estimate for sewer extensions wes originated in the Revenue Compendium (page 8.4) and pursuant to Resolution No. 30124, adopted on June 25, 1990; a fee is charged when the applicant requests the City to provide a binding cost estimate for a public sewer extension; the sewer estimate fee is currently assessed by the Building Department and collected by the City Treasurer, in the current amount of $50.00; and on rare occasions, the sewer cost sstimata fee is collected and the City is unable to provide the applicant with a cost estimate aa requested. The Water Resources Committee recommended that Council adopt a resolution establishing the authority to refund sewer cost sstimata fees collectmJ in cases where a sewer cost estimate cannot be provided to the applicant, in accordance with conditions as set forth in the report. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (f~16t0-100697) A RESOLUTION amending the service charge for determining whether there is an existing sanitary sewer facility available for a particular piece of property. (For full text of Resolution, sss Resolution Book No. 60, page 217.) Ms. Wyatt moved the adoption of Resolution No. 336t0-100697. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: Nor. c O. i 439 PURCHASE/SALE OF PROPERTY-CITY PROPERTY-CHURCHES- WATER RESOURCES: Vice-Mayor Linde F. Wyatt, Chairperson, Water Resources Committee, presented · written report on behalf of the Committee, with re~erd to the exchange of a certain 0.108 acre parcel of City-owned property located et the Falling Creek Weterehed in exchange for another parcel of land owned by the Jetere Chapel Church of the Brethren located in Bedford County. A staff report advised that the City-owned property in Bedford County borders the rear boundary of property owned by the Jetere Chapel Church of the Brethren; expansion of the Church ia needed and planned; and correspondence with a plat showing the area of lend to be exchanged was submitted for the City's consideration. The Water Resources Committee recommended that Council authorize the exchange of 0.108 acre of property owned by the City located at the Falling Creek Watershed in Bedford County for a certain 0.108 acre parcel of land owned by Jetere Chapel Church of the Brethren located in Bedford County. . . (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: (#33611) AN ORDINANCE authorizing exchange of a certain 0.108-acre parcel of City-owned property located at the Falling Creek Watershed in Bedford County for a certain 0.108-acre parcel of property owned by the Jeters Chapel Church of the Brethren located in Bedford County, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 22t.) The motion was seconded by Mr. Trout end adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers '~: 7. NAYS: None 0. 44U CiTY CODE-PARKS AND RECREATION-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Comm,ttee, with regard to a request for mountain bike racing and Olympic Kayak t~aining at Carvina Cove. A staff report advised that mountain bike racing and Olympic Kayak training were proposed and discussed at the November t, 1993, Water Resources Committee meeting, at which time the Committee rejected the requests; a request to hold bike racing at Carvins Cove was again presented to the Water Resources Committee on July 21, 1997; and the Committee referred the request to the City Administration for evaluation and recommendation. It was further advised that a meeting was held with Kyle S. Inman, representing the Virginia Championship Commission, and other interestm] persons on August 12, t997, for the purpose of learning and gathering more data and information regarding the proposed bike race; specific details/plans were requested by City representatives on traffic control, spectator control, and parking; the Explore Park Board of Directors met on August 26, 1997, at which time the Board approved the concept of constructing mountain bike trails, and offered certain trails as a venue for mountain bike racing; and Carvins Cove watershed property has been purchased over the years to provide a safe and dependable supply of raw water for the citizens of the City of Roanoke. It was explained that Section 35-17, Cede of the City of Roanoke (1979), as amended, specifically permits the recreational privileges of fishing, boating and picnicking at Carvins Cove; occasional individual recreational biking and horseback riding takes place at Carvins Cove and ars not banned; competitive spectator events are not permitted by current City Code provisions and have never been allowed to be held at the Carvins Cove watershed; for-profit events are not permitted at Carvins Cove; and the following is the proposal/information submitted by Mr. Inman: Expected number of participants 50O - 1,000 Expected number of spectators 1,000 - 2,000 Needs from the City include: ACTION: Shuttle bus for Saturday and Sunday, Scaffolding/staging for main staging area, Canopies for registration/vendor areas, and Any available manpower for marshaling. It was pointed out that specific information/plans requested by the City on August 12, 1997, for handling spectetore, perking and traffic control have not I:ccn submitted. The Water Resources Committee recommended that Council deny the use of Carvins Cove for competitive/spectator events and maintain the not-for-profit recreational uses as currently permitted by the City Code; and the watershed should be protected as the primary source of water for the Roanoke Valley. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt moved that Council concur in the recommendation of the Water Resources Committee. The motion wes seconded by Mr. Trout and adopted, Council Member Harris voted no. PURCHASE/SALE OF PROPERTY-SEWERS AND STORM DRAINS-NORFOLK SOUTHERN CORPORATION-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, 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 Baker Avenue Storm Drain Project. ** A staff report advised that a significant drainage problem has existed for over 20 years on Shenandoah Avenue, N.W., between Baker Avenue and Luckett Street; Shenandoah Avenue carries over 14,000 vehicles per day and is frequently flooded to depths that slow or impede traffic; in addition, several businesses in the area of Shenandoah Avenue are repeatedly flooded by the lack of proper drainage; the City Engineering Department has established a priority index system for rating drainage projects, and the Baker Avenue Drainage Project is currently one of the highest rated projects due to its impact on the traveling public and existing businesses; and funding for the project was established in the 1996 General Obligation Bond Issue. 442 It was further advised that the Baker Avenue Drainage Project design, is. complete and bids were received on .A..ugust 19, 1997; authorization is needed to move forward with acquimtion of necessary :. ~ property rights; the City's Environmental Officer has determined that a Phase II environmental site assessment is needed for three of the proper'des included in the project; Norfolk Southern Corporation and its Operating Subsidiaries (Railroad) have requested additional conditions to the City's standard Right of Entry Agreement for on-~ita tasting and sampling on its property; while the City may be authorized to enter private property for such testing under Section 25-232.1, Code of Virginia (1950), as amended, in an effort of cooperation and in order to complete the testing in a timely manner, it is recommended that a Right of Entry Agreement be entered into with the Railroad; and such Right of Entry Agreement would include certain notice and insurance requiramenta and a requirement that the City be responsible for actual damages that may result from such Right of Entry. The Water Resources Committee recommended that Council concur in the following actions: Authorize the City Manager to acquire all property rights for the property listed on Attachment A to the report, as necessary; Authorize the City Manager to enter into a Right of Entry Agreement with Norfolk Southem Corporation for the railroad's property listed in Attachment A to the report, with reasonable conditions as determined by the City Manager and as approved by the City Attorney, to allow the City or its agents, consultant, contractor, or representatives access to private property for purposes of conducting an environmental assessment of such property, including surveys, boring, test wells, and examination of such property, in order to deta~',,ine the environmental condition and suitability of the property; and Appropriate $25,000.00 from the 1996 General Obligation Bond proceeds Account No. 008-052o970t-9176, to an account to be entitled, "Baker Avenue Drainage Project", 443 ACTION: for environmental testing, title searches, recordation fees, consid, eration to la. ndownera an.d all other costa assoc,atad with acquiring property nghta. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (~33612-100697) AN ORDINANCE to amend and reordain certain sections of the t997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 218.) Ms. Wyatt moved the adoption of Ordinance No. 33612-100697. The motion was seconded by Mr. Trout and adopted by the following voto: ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None ..... J Ms. Wyatt offered the following emergency ordinance: (~33613-100697) AN ORDINANCE providing for the acquisition of property rights needed by the City for the construction of the Baker Avenue Storm Drain Project; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquis~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; authorizing the proper City officials to enter into a right-of-entry agreement with Norfolk Southern Corporation and its Operating Subsidiaries to allow the City to conduct an environmental assessment of property owned by the railroad, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 219.) Ms. Wyatt moved the adoption of Ordinance No. 33613-100697. The motion was seconded by Mr. Trout and adopted by the following vote: 444 ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: Nono 0. SPECIAL PERMITS-LICENSES-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 authorizalion for a revocable license to Donna C. Whitehead, owner of property located at 3624 Yellow Mountain Road, S. E., to permit installation of a four foot high fence to encroach over and into the right-of-way of Yellow Mountain Road, S. E. A staff report advised that permission to construct fences, walls, decks, or various other structures that encroach into the public right- of-way is a requsst that property owners make to the City from time to time; Donna L Whitehead, property owner at 3624 Yellow Mountain Road, S. E., has requested permission to install a four-foot high chain link fence to enclose her front yard; the proposed fence will encroach into the right-of-way of Yellow Mountain Road, S. E., approximately eight feet; fences of adjacent property owners are currentiy encroaching approximately 12 feet into the right-of-way of Yellow Mountain Road; the property owner has requested a revocable license to allow the fence to be installed; and setback requirements allow fences of this height and type with a standard Fence Permit issued by the Zoning Division, therefore, the fence would not require special action by the Board of Zoning Appeals. The Water Resources Committee recommended that Council authorize the City Manager to issue a revocable license to Donna C. Whitehead, 3624 Yellow Mountain Road, S. E., to permit installation of a four-foot high chain link fence encroachment into the right-of-way of Yellow Mountain Road, S. E., in a form to be approved by 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: 445 (#33614) AN ORDINANCE granting a revocable license to allow for the encroachment of a four foot high chain link fence over and into the public right-of-way at 3624 Yellow Mountain Road, S. E., Official Tax No. 4300426, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 222.) The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott end Mayor Bowara.. 7. NAYS: None SPECIAL PERMITS-STREETS AND ALLEYS-WATER RESOURCES: Vice-Mayor Linde F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to authorization for a conditional permit for encroachment of an existing building over and into the right-of -way along the alley et the rear of property located at 26 Church Avenue, ACTION: It was advised that the current owner of the property, Vittorio A. Bonomo, has contracted to sell the property and is requesting that the routine staff review process be waived in this instance due to a schedule deadline for closing. The Water Resources Committee recommended that Council authorize a conditional permit to Vittorio A. Bonomo to permit the encroachment of a building located at 26 Church Avenue, S. W., approximately four inches into the City's right-of-way for the alley behind the building, in a form to be approved by the City Attorney; and proof of liability insurance and indemnification will be required. (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: 446 ACTION: (#33615) AN ORDINANCE gren~ng a conditional permit to allow for the encroachment of an existing building over and into the right-of- way along the alley located to the rear of property commonly known as 26 Church Avenue, S. W., identified by Official Tax No. 1012306, upon certain terms and conditione. (For full text of Ordinance, see Ordinance Book No. 60, page 214.) The motion wee eeconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Boware 7. NAYS: None 0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CI .TY. CODE-CITY EMPLOYEES: Ordinance No. 33595 amending and reordalning the Code of the City of Roanoke (1979), as amended, by enacting new §2-47, Em_olo_vee leave bank, to provide for the creation of a leave bank for eligible employees of the City who elect to participate, having previously been before the Council for its first reading on Monday, September 22, 1997, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its eecond reading and final adoption: (~33595-100697) AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by enacting new §2- 47, Em_~loyee leave bank, to provide for the creation of a leave bank for eligible mmployees of the City who elect to participate; establishing the requirements and criteria for participation in such program and for usage of such leave; authorizing the City Manager to promulgate rulee and regulations; and establishing a required participation level. (For full text of Ordinance, see Ordinance Book No. 60, page 196.) Mr. Trout moved the adoption of Ordinance No. 33595-100697. The motion was seconded by Mr. Swain and adopted by the following vote: 447 ACTION: AYES: Council Members Swain, Trout, Wyatt, Harris, Psrrott and Mayor Bowers.. 6. NAYS: Council Member White ... NATIONAL LEAGUE OF CITIES: Mr. Trout offered the following resolution designating the Honorable Linda F. Wyatt, Vice-Mayor, as Voting Delegate, and the Honorable Carroll E. Swain, Council Member, as Alternate Voting Delegate, for the Annual Business Session of the National League of Cities to be held in Philadelphia, Pennsylvania, on December 6, 1997: (1/33616-100697) 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. 60, page 220.) Mr. Trout moved the adoption of Resolution No. 33616-100697. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None 0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTION: BUSES-SIDEWALKJCURB AND GUTTER-FIFTH PLANNING DISTRICT COMMISSION: Council Member Swain~eferred to a recent inventory prepared by the Fifth Planning District Commission of sidewalks in the City of Roanoke where persons board Valley Metro buses. He advised that some of the sidewalks are in need of repair, or there are locations where no sidewalks exist which could create a potential safety hazard. He requested that the matter be referred to the City Manager for investigation. Without objection by Council, the Mayor advised that the remarks would be referred to the City Manager. 448 ACTION: PROCLAMATIONS-CELEBRATIONS: Vice-Mayor Wyatt requested that the M.a.yor proclaim the year 1998 as 150th Anniversary of the Women's Righte Movement. i Without objection by Council, the Mayor advised that the matter would be referred to the City Clerk for preparation of the proclamation for presentation at the October 22, t997 meeting of Council. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: ELECTIONS-COUNCIL-CAPITAL IMPROVEMENTS PROGRAM: Gary W. Bowman, 3580 Wright Road, S. W., requested that the City provide non-partisan voter information prior to the November 4 rsferandum on the election district system. Specifically, he requested that the City provide voter information of the same type that has been provided, or will be provided, regarding the November 4 capital improvements bond referendum. He advised that the government access channel, RVTV Channel 3, has provided non-partisan informational programming regarding the capital improvements bond referendum, and it would also be appropriate for the government access channel to provide non-partisan voter information on the election district system. He requested that placards be posted at the polling places listing the ballot questions and an explanation of the ~1 ballot questions. Vice-Mayor Wyatt suggested that a copy of the voting district map also be posted at each of the polling places. The City Attorney explained that State law controls what may be posted within a certain number of feet of the polling places, and it will be necessary to consult with the State Board of Elections to determine what is legally permissible. In regard to the publication of voter information on the election district system, he advised that there ars two organized groups, one on each side of the issue, and it would be difficult for the City to draft a statement that would not be construed as favoring one side or the other on the issue. He explained that it will be necessary to research all legal issues, and called attention to potential problems under the Dillon Rule. He advised that the City has specific authority as set forth in the Code of Virginia to publish a neutral description of the capital improvements bond issue, but the City has no similar authority to publish a description in regard to other referenda that might appear on the ballot. He stated that he would research the matter and report to Council accordingly. 449 HUMAN DEVELOPMENT-YOUTH-TEEN PREGNANCIES: Mr. Thomas W. Goodwin, 856 Marshall Avenue, S. W., addressed Council with regard to the teen pregnancy briefing which was presented at the 12:15 p.m. session. He advised that the high risk of teen pregnancy, teen drug use, teen poverty, and teen educational failure tend to go together. He stated that drug experiences are often compared to sex, because sex produces hormones in the body that act like drugs, and any activity that is performed for no reason other than a pleasurable experience acts like a drug and provides for escape f~om the difficulties of life. He advised that for some persons, the discomfort of life due to adjustment problems, such aa educational difficulties and poor living conditions, make escape into drugs or a sexual relationship attractive, and those persons living on the edge do not have the clearest perspective on the consequences or outcome of their actions. He stated that having a constructive path in life, with people who lend emotional support in one's own claes, and the character to deal with the pain and discomfort required to attain one's goals is extremely important and provides one with the strength to avoid the trap of teen pregnancy and drug abuse. NEIGHBORHOOD ORGANIZATIONS-ROANOKE NEIGHBORHOOD PARTNERSHIP: Ma. Janet Vinyard, 4024 Griffin Road, S. W., which ia located in the Southern Hills section of the 6ity, advised of the formation of a new neighborhood alliance which will bring certain matters of concern to the attention of Council in the near future. The Mayor suggested that the Roanoke Neighborhood Partnership/City staff meet with members of the new alliance to discuss neighborhood concerns. COUNCIL-COMMUNITY PLANNING: Barbara N. Duerk, Member, City Planning Commission, invited the Members of Council and City staff to certain activities which will be sponsored by the Virginia Citizens Planning Association, Inc., on October 12 and 13, 1997, at The Hotel Roanoke. 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. 45O 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 Swein, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers. 7. NAYS: None Ow COMMITrEES-SPECIAL EVENTS: The Mayor advised that there are two vacancies on the Special Events Committee created by the expiration of the terms of office of Linda Durham and Michael A. Ramsey, and called for nominations to fill the vacancies. Mr. Parrott placed in nomination the name of Amy W. Peck. Mr. White placed in nomination the name of Nicole Quariss. There being no further nominations, Ms. Peck and Ms. Quaries were appointed as members of the Special Events Committee, for terms ending June 30, 1998, by the following vote: ACTION: FOR MS. PECK AND MS. QUARLES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ...... 7. There being no further business, the Mayor declared the meeting adjourned at 4:30 p.m. ATTEST: City Clerk APPROVED Mayor 451 REGULAR WEEKLY SESSION-----ROANOKE CITY COUNCIL October 22, t997 12:15 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Wednesday, October 22, 1997, at t2:15 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 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; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grieso, Director of Finance; and Mary F. Parker, City Clerk. FIRE DEPARTMENT: George C. Snesd, Jr., Director, Public Safety, advised that the goal of providing quality basic service and improving services for the citizens of Roanoke is the organizational responsibility of the City, and Effective Government is the key strategy issue in Council's Vision Statement. He called upon James Grigsby, Chief, Firs-EMS, for a briefing on firs prevention rs-engineering efforts. Chief Grigsby reviewed ongoing activities to improve fire prevention services for the community. He advised that the Fire Deparbnent engaged in a re-engineering process in which fire inspections and firs safety education are considered to be important building blocks toward planning for a fire safe community. He stated that an effective firs prevention strategy provides for annual firs inspections of businesses, and while some businesses will receive more than one annual fire inspection, the departmental goal is to inspect every business in the City at least annually. Also, he added that an effective fire safety education program will target children year round. He advised that October 4 wes declared as National Fire Safety Prevention Week and representatives of the Fire Depa,~,,ent visited schools and shopping centers to educate the public on fire safety issues. As a part of Firs Depa,~,,,ent re-enginesring, he explained that the downtown area is recognized as the only geographical district, and the division of labor is broken down into individual assembly inspections, educational/institutional inspactions, educational/ 452 ACTION: public information program, company inspection program, and code program development. He stated that the fire re-engineering effort generated several new programs; due to re-engineering efforts, it is believed that the City will receive at least 3,000 additional fire safety inspections per year; children will be exposed to fire safety on a year round basis; pre-tire brigades are in the developmental stage to help protect the industrial/commercial base; and the re-engineering program was developed without additional funding resources or staffing. Without objection by Council, the Mayor advised that the briefing would be received and filed. BUDGET-CMERP: Diane S. Akera, Budget Administrator, presented a briefing on Capital Maintenance and Equipment Replacement Program needs. She advised that during the past three months, the City Administration has worked to identify and prioritize Capital Maintenance and Equipment Replacement needs; operating departments submitted over $10 million in capital requests for vehicular equipment replacement and maintenance; fiscal year t997-98 General Fund balance designated for CMERP is $4,253,789.00; after reducing this amount for items which Council has already reappropriated into the current years' operating budget, $4,176,118.00 of CMERP funds are available; and items already reappropriated include the following: *Unspent Fiscal year 1996-97 United States Department of Agriculture (USDA) funding ($11,362.00); *Youth Haven I - Virginia Juvenile Community Crime Control Act (VJCCCA) funding ($20,650.00); *Traffic Signals - Miscellaneous Repairs funding ($37,000.00) in the Department of Traffic Engineering; and '1-581 Beautification program funding ($8,659.00). Ms. Akere advised that one additional budget commitment that was made in fiscal year 1996-97, for which funds could not be encumbered and will need to be reappropriated by Council is: *Virginia Juvenile Community Crime Control Act (VJCCCA) funding ($24,019.00). This is State funding which either can be carried forward to fiscal year 1997-98 for operatio,~ or must be returned to the Commonwealth. 11 453 Mu. Akers explained that funding, in the amount of $288,000.00, also remains available from fiscal year 1996-97 CMERP and can be applied to current years' CMERP needs; and after allowance for the abovedescribed itome and additional funding from prior year CMERP, $4,440,099.00 ia available for City purchase of vehicles, equipment and maintenance items. She advised that critical CMERP needs, in the amount of $4,440,099.00, were identified through a process prioritizing requests based on City-wide evaluation criteria; and all requests were classified into six major categories and funding was allocated as follows: Capital Maintenance Fleet Replacement Equipment Technology Enhancements Office Furniture and Equipment All Other $2,018,200.00 731,400.00 576,439.00 800,000.00 53,027.00 Total $4,440,099.00 The Members of Council were provided with a list of items recommended for purchase. (See report on file in the City Clerk's Office.) Vice-Mayor Wyatt called attention to concerns expressed by police officers regarding the need for cellular telephones, and inquired if cellular phones are included in the Capital Maintenance and Equipment Replacement Program; whereupon, Ms. Akere advised that no funds ars included in the proposed CMERP budget; however, a separate telephone account exists in theCIS Depa, b,,ent that could be used as a potential funding source. Mr. Swain inquired as to the necessity for additional street sweeping equipment to increase the frequency of cleaning City streets; whereupon, the City Manager advised that City staff would prepare a package of information for discussion during 1998-99 fiscal year budget study. The Mayor inquired about the proposed eight-foot to ten-foot high chain link fence surrounding the City Cemetery on Tazewell Avenue, S. E., and spoke in support of installation of a fence that will maintain the design standard of the neighborhood. ACTION: There being no further discussion, and without objection by Council, the Mayor advised that the briefing would be received and filed. 454 At 1:05 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Wednesday, October 22, 1997, 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 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; James D. Ritchie, Sr.,' Assistant City Manager; Wiiburn 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 Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. COUNCIL-ACTS OF. ACKNOWLEDGEMENT: The Mayor recognized and presented g,fte to law professionals from Lviv, Ukraine, participants in the Community Connections Program. PROCLAMATIONS-MINORITY/WOMEN OWNED BUSINESSES- COUNCIL: The Mayor presented a proclamation to Vice-Mayor Wyatt declaring the year 1998 as, "tS0th Anniversary of Women's Rights Movement, Living the Legacy: Women's Rights Movement 1848-1998". (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 fo,,t, 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 455 ACTION: ACTION: called specific attention to a requeet for an Executive Session to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. COMMITTEES-COUNCIL: A communication fiom Mayor David A. Bowers requesting that Council convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boarde, commissiona 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.) Mr. White moved that Council concur in tho request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on varioua euthoritiee, boarda, commissions and committees appointed by the Council, pursuant to Section 2.t-344 (A)(1), Code of Virginia (1950), aa amended. 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. COMMITTEES-TRANSPORTATION SAFETY: A communication from Kathryn V. Weikel tendering her resignation aa a member of the City of Roanoke Transportation Safety Commission, effective October 31, 1997, 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. 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. 456 ACTION: ECONOMIC DEVELOPMENT-PENSIONS-ROANOKE CIVIC CENTER-OAT.H.S OF OFFICE-COMMITTEES-COUNCIL: The following reports of quahficafJon were before Council: James O. Trout as a member of the Economic Development Commission for · term ending June 30, 2O0O; Robert E. Tonkinson, Jr., as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2001; and Calvin H. Johnson as a member of the Roanoke Civic Center Commission for · term ending September 30, 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 motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bower~- 7. NAYS: None HEARING OF CITIZENS UPON PUBLIC MATTERS: ANIMALS/INSECTS-SPORTS ACTIVITIES: Inasmuch as the question of allowing pari-mutuel wagering in the City of Roanoke at satellite facilities will be included on the November 4, 1997 election ballot, James Peter.on, III, President, Colonial Downs, discussed the benefits to the City of Roanoke as a result of the proposed Colonial Downs Racing Center. He advised that the Virginia horse industry is a billion dollar industry, as proven by a study conducted by Virginia Polytechnic Institute and State University and the Southern States Company in 1996, offering 25,000 jobs to persons working in the horse industry in the Commonwealth of Virginia alone. He explained that Colonial Downs is the only licensee which is authorized to operate a race track in Virginia, and Colonial Downs, in competition with five other companies, was selected to have the right to operate up to six sstollito racing centers within the Commonwealth of Virginia. Mr. Petoreon advised that horse racing ia the second major league sport in Virginia, with NASCAR racing being the first. He stated that Colonial Downs is a publicly-owned company, having gone public on March 18, 1997, by raising $40 million to invest in the industry, with 4.2 million shares of stock having bcc:t sold to the public. He further stated that a state-of-the-art race track was constructed which is the largest grass track in North America, with six different courses upon which to race greee horses and rsprasenta the second largest dirt track in North America. He advised that Colonial Downs has the right to build six racing centers, two of which are already constructed and operational, one in Richmond and one in Chesapeake, and two additional racing centora have bccn authorized and are under construction in Brunswick County and in Hampton, with the two remaining locations and sites undetermined at this time. Mr. Petoreon explained that the Richmond Racing Center has 321 television sets surrounding the walls of a former restaurant and handles approximately $152,000.00 per day, average attendance is 500 guests per day, 350 employees, and taxes paid to the City of Richmond and Henrico County will be approximately $375,000.00 in 1997. He advised that the City of Richmond guest profile represents an average age of 42.5 years and over one-half of the clientele is female, 62.8 per cent represents white collar or ret]red professionals, and 44 per cent of the clientele earn $50,000.00 per year. He stated that the racing center proposed to be constructed in the City of Roanoke, if approved by the voters, will be from 10,000 - 15,000 square feet and will handle between $50 - $60 million par year, with tax revenues in the range of $375,000.00 - $400,000.00 to the City. He added that other annual revenues available to cities where racing centers exist include wages for local workers in the range of $1 million per year, purchase of local goods and services to supply the operation in the approximate amount of $1 million per year, t00 - 150 jobs depending upon the size of the operation, and provis, ion of security by off duty police o. fficera. He explained that the racing center construction process will include $2.5 million of construct]on and generate approximately 100 - 150 temporary construction jobs while the center is under construction, and construction materials will be purchased locally. He advised that further community benefits include: 458 ACTION: ACTION: The City would gain a major taxpayer; The racing center would provide a positive economic impact on the City; The racing center would represent a new employer for the Roanoke Valley and a new marketing partner with the City of Roanoke, because attracting parsons to the Roanoke area would be to the advantage of the racing center as well aa to the City; Colonial Downs is a good corporate citizen and in the past 12 months, the company has donated over $60,000.00 to worthwhile causea in those cities where racing centers operate; and The racing center will provide a new entertainment venue and should attract a large number of persons to the Roanoke Valley. Without objection by Council, the Mayor advised that the remarks of Mr. Peterson would be received and filed. A"IM. LS,!.SEC S A.KS E,,z. beth S. ,,P~off: Ex.ecutive D,rector, Mdl Mountain Zoo, presented an update on the · ~;u. oy me Tiger" fundraising campaig.n, and presented a video which la intended to be used aa a fundraming tool. She advised that $70,000.00 was raised during the first p.h. ase of the campaign, it is anticipated that the second phase vail. generate approximately $50,000.00, and once the $250,000.00 match ~s recewed from the State, Mill Mountain Zoo will return to the community to challenge the State match and raise the remainder of the funding. Without.objection by Council, the Mayor advised that the briefing would be recmved and filed· P* VI.RGINIA AMAT.EUR SPOR. TS/COMMONWEALT, GAMES: eter C. campman, President, Virgin,a .Am.ataur Sports, !nc., presented reformation on the number of participating athletes m .the Virginia Commonwealth Games over the past eight years, economic impact to the .Roanoke Valley, and growth of the games from year to. ye.ar. He adv,.se.d that over 9,800 athletes competed in 45 sports activities m July 1997; In the past eight years, over 59,000 athletes have participated in 459 ACTION: Commonwealth Games competition; and over 100 facilities in the Roanoke Valley were used for sporting events. He expressed appreciation for the support of the Department of Parks and Recreation and more than 1,500 voluntsers. Mr. Lampman presented a plaque of appreciation to the City of Roanoke for serving as a sponsor of the Virginia Commonwealth Games and presented each Member of Council with a Virginia Commonwealth Games tse-~hirt. Without objection by Council, the Mayor advised that the remarks of Mr. Lampman would be received and filed. PETITIONS AND COMMUNICATIONS: BUDGET-GRANTS-SCHOOLS-CMERP: A communication f~om Ute Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. Proceeds from the 1997-98 Capital Maintenance and Equipment Replacement Fund, in the amount of $169,459.00, for the following items - music equipment, replacement of school buses, vehicle replacement, facility maintenance, and facility improvements at Garden City and Brackinridge Schools. Grant No. 6538 - $252,703.00 for the 1997-98 Flow Through Program to provide aid for the education and guidance of handicapped students, which continuing program will be 100 per cent reimbursed by State and Federal funds. Grant No. 6159 -$98,005.00 for the Title I Local Delinquent Children Grant to provide transition services to youth exiting the Juvenile Detention Center and youth entering Youth Haven, which continuing program is 100 per cent reimbursed by Federal funds. Grant No. 6245 - $3,000.00 for the Title VI Professional Development Program to provide innovative education program strategies to be developed at eight Title I schools, which new program will be reimbursed 100 per cent by Federal funds. 46O ACTION: Grant No. 6316 - $195,409.00 for the Reduce Truancy Now Project to provide support for the Roanoke City attendance effort with an emphasis on drug and violence prevention in the Schools, which continuing program is 100 per cent reimbursed by Federal funds. Grant No. 6541 - $54,533.00 for the Juvenile Detention Home Program to provide for the salary and expenses of the three educational coordinatora, which continuing program will be 100 per cent reimbursed by State funds. Grant No. 6970 - $93,776.00 for the State Truancy Project which is a pilot program to provide support for the Roanoke City attendance effort, which continuing program will be 100 per cent reimbursed by State funds. A report of the Director of Finance recommending that Council concur in the request of the School Board, advising that this is the second appropriation of the School Board's fiscal year 1997 Capital Maintenance and Equipment Replacement Program funding of $1,877,074.00, which leaves an unappropriated School CMERP balance of $902,433.00, was 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: (~t33617-102297) AN ORDINANCE to amend and reordain certain sections of the 1997-98 School and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 226.) Mr. White moved the adoption of Ordinance No. 33617-102297. 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. 461 Council Member Swain requested clarification from the Roanoke City School Board with regard to a recent newspaper article which indicatad that the School system might have an $84,000.00 shortfall in the high school athletic program. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: BUDGET-CMERP: As a part of the 12:t5 p.m. session, the City Manager and City staff having presented a briefing on critical Capital Maintenance and Equipment Replacement needs (see pages 2 - 4), the matter was again before the body. ACTION: Without objection by Council, the Mayor advised that the report would be received and filed. INSURANCE-CITY EMPLOYEES: The City Manager submitted a report with regard to a dental insurance contract with the Roanoke Valley Consortium, advising that a regional team of employees has been working to secure both health care and dental benefits for members of what is now called the Roanoke Valley Consortium; while cost savings for health care could not justify consortium purchasing at this time, dental benefits clearly offer an opportunity to initiate regional cooperation; the result will hopefully be a regional dental benefits contract with Delta Dental Plan of Virginia; and initial plan participants will include the City of Roanoke, Roanoke County Govemment, Roanoke County Schools, Roanoke Regional Airport, and the Roanoke Valley Resource Authority. It was further advised that currently the City of Roanoke has what is called Option t level benefits which is a basic level of service; under the consortium plan, the City of Roanoke may keep Option 1, or raise the City's level of benefits to Option 2 benefits; the difference in the two plane is the level of benefit called "major services", which services provide coverage for bridges, partial dentures, and complete dentures, as well as crowns, and the payment level is 50 par cent; and Option 2 also provides for a $1,500.00 per patient par year maximum allowance versus a $1,000.00 par patient par year maximum under the Option 1 level of service. 462 ACTION: It was explained that given the fact that the City would have a 5.4 per cent rats reduction if it maintains Option I benefits, it is believed that the timing is right to raise the City's coverage level to Option 2, which would provide City employees with a needed service and improve the competition of the City's benefit package in the marketplace; estimated additional cost for the City is $50,000.00 for the balance of the current fiscal year; funding is available in the insurance reserve fund; and the employee monthly cost would increase by $2.24 for employee plus dependent coverage and $7.96 for family coverage. The City Manager advised that the matter will come before Council for its approval at a joint meeting of the Roanoke County Board of Supervisors and Roanoke City Council on October 28, 1997. (For full text, see report on file in the City Clerk's Office.) The Mayor advised that the dental insurance contract is a small step toward valley cooperation. He called attention to year-long negotiations regarding a joint City/County employee health/ hospitalization plan, and expressed disappointment that the joint City/ County health plan was not successful at this time. Mr. Parrott moved that the report be received and filed. The motion was seconded by Mr. Swain and adopted, Mayor Bowers voted no. At this point, 3:05 p.m., Council Member White left the meeting. ITEMS RECOMMENDED FOR ACTION: HOUSING/AUTHORITY-COMMUNITY PLANNING-HABITAT FOR HUMANITY: The City Manager submitted a written 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 within older areas of the City, and selling the houses to Iow-moderate income households; and $4,000.00 per lot maximum reimbursement fo non-profit organizations is available for actual documented costs incurred through the following: purchase price of the lot, up to fair market value; legal fees aeeociatsd with purchase and resale of the property by the builder/developer; i i 463 clearing and grading where necessary; building permit fees; and water and sewer connection fees. It was further advised that on June 16, 1997, Council adopted Ordinance No. 33433-061697 and Resolution No. 33434061697 providing $12,000.00 in Community Development Block Grant (CDBG) funds available in Account No. 035-098-0820-5104 for Vacant Lot Homesteading Program activities. It was explained that Habitat for Humanity in the Roanoke Valley has completed projects potentially eligible for reimbursement under the Vacant Lot Homesteading Program at 427 Albemarle Avenue, S. E., 1105 Sixth Street, S. Eo, and 1703 Chapman Avenue, S. W.; and execution of an agreement with Habitat for Humanity is necessary to provide for reimbursement for the projects, in accordance with Community Development Block Grant regulations and Vacant Lot Homesteading Program requirements. The City Manager recommended that he be authorized to execute an agreement with Habitat for Humanity in the Roanoke Valley, in a form to be approved by the City Attorney, providing fur reimbursement of certain coats 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.) Mr. Harris offered the following resolution: (#33618-102297) 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 thres new houses on three lots under the provisions of the Vacant lot Homesteading Program, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 60, page 229.) ACTION: Mr. Harris moved the adoption of Resolution No. 33619-102297. The motion was seconded by Mr. Swain. 464 Council Member Psrrott inquired about inclusion of indemnity provisions in the proposed agreement. Following discussion, if was the consensus of Council that the rattler would be tabled until latar in the Council meeting to enable City staff to address Mr. Parrott's question. Later during the meeting, the City Manager advised that Council has adopted a Vacant Lot Homsstaading Program to encourage citizens to construct houses for occupancy by Iow to moderate income parsons in the City of Roanoke, and the program provides up to $4,000.00 per lot of reimbursement as an incentive. He explained that City staff cannot identify any risk or liability since construction has been completed and raimbureement is in order for eligible costs upon completion and sale of the properties under the Vacant Lot Homesteading Program. Resolution No. 33618-102297 was adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) STATE HIGHWAYS-GREENWAY SYSTEM-VALLEY VIEW MALL- SCHOOLS-STREETS AND ALLEYS: The City Manager submitted a written report advising that 1-581 Interchange improvements were endorsed by Council on March 18, 1996; the Virginia Department of Transportation (VDOT) has adopted a Six-Year Improvement Program for fiscal years 1996-97 through 2001-02 for interstate highways, which includes an improvement project in the City known as 1-58t Intarchange at Valley View Boulevard - Phase I; the Federal Highway Administration notified the City on August 23, 1996, of its approval of the new interchange access; Council approved an agreement with the Virginia Department of Transportation on December 16, 1996, pursuant to Resolution No. 33205-121696, for construction bidding and administration; the 1-581/Valley View Boulevard Bridge has been identified in the Roanoke Valley Greenway Plan and in the draft Bikeway Plan for the Roanoke Valley as a bicycle/pedsstrian corridor connecting neighborhoods, the Valley View area, and downtown Roanoke; construction plans and specifications were developed in ACTION: such a way that each contractor that bids on the project will be required to submit two bide; one bid will include a complete bikeway/pedestrian facility that connecte Valley View Boulevard to a future greenway along Lick Run; and the other bid will include a wider bridge substructure to which a bicycle/pedestrian lane could be added in the future. It was fu,~;,er advised that the Iow bid for the interchange, including the bicycle/pedestrian facility, was eubmitted by Allegheny Construction Co., Inc. (of Roanoke), in the amount of $3,964,813.90, which is 14 per cent higher than the estimate of $3,465,962.93; the Iow bid for the interchange without the complete bicycle/padestrian facility was also submitted by Allegheny Construction Co., Inc., in the amount of $3,447,864.46, which is ten per cent higher than the estimate of $3,132,838.13; Council needs to advise VDOT of its approval of one of the Iow bids before VDOT can award a contract to Allegheny Construction Co., Inc.; the City ia responeible for 100 per cent of all project costs; and all funds are currently available in the 1-58t Interchange Account No. 0084)52-9545. The City Manager recommended t~at Council officially notify the Virginia Depa,~,,,ent of Transportation of its approval of the Iow bid amount of $3,964,813.90, as submitted by Allegheny Construction Co., Inc., for the 1-58t interchange project, including the bicycle/pedestrian facility. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (#33619-102297) AN ORDINANCE approving the bid of Allegheny Construction Co., Inc., for the construcl]on of the 1-581 Interchange at the extension of Valley View Boulevard Project, requesting the Commonwealth of Virginia, Department of Transportation, (VDOT) to award a contract to Allegheny Construction Co., Inc., for the said Project and reject all other bids, authorizing the City Manager to notify VDOT of such approval and to provide any required documentation therefore; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 230.) Mr. Trout moved the adoption of Ordinance No. 33619-102297. The motion was seconded by Mr. Parrott and adopted by the following vote: 465 466 AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers. 6. NAYS: None 0. (Council Member White was absent.) Barbara N. Duerk, 2607 Rosalind Avenue, S. W., advised that churches, neighborhoods, schools, non-profit organizations, businesses and individuals have worked since December 16, 1996, to connect downtown Roanoke to Valley View Mall by way of the Lick Run Grsenway. She stated that pedestrian and bicycle accommodations are more than a quality of life issue, alternative transportation corridors are threads that are needed to weave sustainable communities, and pedestrian and bicycle transportation choices are economic development decisions that give citizens the option to walk or ride to work and, in some cases, provide the only access to a job. BRIDGES-NORFOLK SOUTHERN CORPORATION-HUNTER VIADUCT: The City Manager submitted a written report advising that on September 22, 1997, Council adopted Resolution No. 33583-092297, authorizing, the City Manager to execute Amendment No. 3 to the City's contract w~th Hayes, Ssey, Matte. m & Mattom, Inc., for ad.d. itional work, in the amount of $t13,592.00, ,n accordance with the C,ty Manager's report to Council dated September 22, 1997, regarding engineering services for the Hunter Viaduct/Williamson Road over Railroad, S. W. Bridge #1829; and the report mistakenly indical~l that the new contract amount with the additional work would total $287,383.00; however, the new contract amount after Amendment No. 3 to the contract dated September 21, 1989, should have read $316,830.00. The City Manager recommended that Council adopt a resolution amending Resolution No. 33583-092297 indicating that the City's contract with Hayes, Seay, Mattem & Mattero, Inc., dated September 21, 1989, will reflect the appropriate new contract amount of $3t6,830.00, and that said r, solution in all other respects will remain in full force and effect. (For full text, see report on file in the City Clerk's Office.) ACTION: 467 Mr. Trout offered the following re~olution: (#33620-102297) A RESOLUTION amending Resolution No. 335834)92297 to correct the date of the contract and the new contract amount in said Resolution. (For full text of Resolution, see Resolution Book No. 60, page 232.) Mr. Trout moved the adoption of Resolution No. 33620-102297. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers .... 6. NAYS: None 0. (Council Member White was absent.) SEWERS AND STORM DRAINS-EASEMENTS: The City Manager submitted a written report advising that repairs to a sanitary sewer line serving 310 Robin Hood Road, S. E., were discussed at the April 21, 1997, meeting of the Water Resources Committee; the property owner, Olin R. Melchionna, Jr., requested that the City agree to reimburse one- half of the coat for the nec~seary repairs, up to $5,300.00; the Water Resources Committee concurred in the staff recommendation to allow the property owner to proceed with the work; Mr. Melchionna desired to have the sewer relocated approximately eight feet from its existing location to avoid conflict with an existing rock wail and garage, and agreed to donate a new 15-foot easement providing that the City abandon the old easement; and the necessary repairs have been made and Mr. Melchionna has presented a request for reimbursement and execution of a Dccd of Easement. The City Manager recommended that Council authorize execution of a Deed of Easement vacating the abandoned portion of the easement and dedicating a new tS-foot easement in exchange, on property identified by Official Tax No. 4080905 and commonly known as 310 Robin Hood Read, S. E., in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) 468 ACTION: Mr. Parrott moved that the following ordinance be placed upon its first reading: (~3362t) AN ORDINANCE authorizing vacation of the abandoned portion of a sanitary sewer easement, and authorizing acceptance of a new 15' sanitary sewer easement across property identified by Official Tax No. 4080905 and commonly known as 310 Robin Hood Road, S. E., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 243.) The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers NAYS: None 0. (Council Member White was absent.) GRANTS-YOUTH: The City Manager submitted a written report advising that under Virginia law, only Council can agree to indemnify parties with whom the City contracts; and a report to Council dated August 18, 1997, recommending acceptance of a continuation grant for the Office on Youth Program failed to mention that the grant documents contain a requirement that the City indemnify the Commonwealth of Virginia and the Depe,l,,,ent of Juvenile Justice. The City Manager recommended that Council adopt an ordinance which will allow the City to indemnify the Commonwealth of Virginia and the Department of Juvenile Justice as required by the grant. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (~33622-102297) A RESOLUTION authorizing the City to indemnify the Commonwealth of Virginia and the Department of Juvenile Justice as required to accept a grant from the Virginia Depa, b,,ent of Juvenile Justice, and authorizing the City Manager to execute any and all necessary documents. (For full text of Resolution, see Resolution Book No. 60, page 232.) ACTION: Mr. Harris moved the adoption of Resolution No. 33622-102297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers C. NAYS: None 0. (Council Member White was absent.) 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 (DSB) is responsible to local govemments 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 Fifth Planning District have adopted resolutions establishing their participation in a regional effort and have appointed a local official to serve: City of Roanoke Town of Vinton Roanoke County City of Salem City of Covington Craig County Botetourt County City of Clifton Forge Alleghany County It was further advised that funds from the State Rehabilitative Services Incentive Fund (RSIF), 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 for the second consecutive year by the State Department of Rehabilitative Services; RSIF grant monies have been previously awarded to the Fifth District DSB and were appropriated by Council on Apri! 15, 1996 and October 26, 1996; and all funds were expended In a timely and satisfactory manner. 469 470 ACTION: It was explained that the Disability Services Board solicited propo~a.. Is for the use of the new 1997-98. State Rehabilitative Services Incentive funds; one proposal was recmved, reviewed and forwarded to the Depa,b,ent of Rehabilitative Services for approval; upon approval from the State, the Disability Services Board has awarded $37,953.00 to the Blue Ridge Independent Living Center (family support, peer counseling, aesistive devices, medication and other), which will provide local matching funds for the grant; no City funds will be required for the match; and funds from the State Rehabilitative Services Incentive Fund, in the amount of $37,953.00, will be received by the City's Director of Finance as the Fiscal Agent. The City Manager recommended that Council appropriate $37,953.00 to Grant Fund Account No. 0354)545196-2010 and a corresponding revenue estimate to be established for transfer to Blue Ridge Independent Living Center. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: · (~33623-102297) AN ORDINANCE to ame.n.d and reordain, certain sections of the 1997-98 Grant Fund Appropriations, and prowding for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 233.) Mr. Harris moved the adoption of Ordinance No. 33623-102297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) POLICE DEPARTMENT-LEGISLATION-JUVENILE CORRECTIONAL FACILITIES~I & D RELATIONS DISTRICT COURT: The City Manager submitted a written report advising that the 1995 Virginia General Assembly enacted the Virginia Juvenile Community Crime Control Act (VJCCCA), effective January 1, 1996, which replaced the L block grant system for all community-based programs and services except secure detention homes; the purpose of the Act is to establish a balanced community-based system of sanctioned programs and service for juvenile offenders; localities wishing to use Act funds for development, implementation and operation of programs and services must submit a local plan to the Board of Juvenile Justice for approval; the VJCCCA provides funding for each jurisdiction in the State and allows localities to carry forward unexpended State funds between biennial years; the City will have $162,422.00 of unexpended State funds for fiscal year 1996-97 to cany forward to fiscal year 1997-98; and the City utilizes funds from the State Depa, b,,ent of Juveniis Justice to administer and operate tl Juvenile Justice Programs. It was further advised that the Department of Juvenile Justice has approved an additional $52,927.00 for July 1, t997 through June 30, 1998, for expansion or development of additional funding of projects; additional funding is a result of re-application of the funding formula; the Virginia Juvenile Community Crime Control 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 $501,935.00 as its local contributions to operation of the block grant programs for the t994-95 fiscal year; utilization of carryover and additional funding through the VJCCCA will be used for expansion of existing programs and addition of three service programs for the juvenile justice population in Roanoke City; all of the existing programs will be expanded; and new programs to be established include the following: It's Your Choice Diversion Program - Office on Youth Emergency Assessment Service - Court Service Unit Progress Evaluation - Court Service Unit Purchase of Services - Office on Youth The City Manager recommended that Council adopt a resolution endorsing the revised plan of services and that he be authorized to submit the proposed plan to the State Board of Juvenile Justice. (For full text, see report on file in the City Clerk's Office.) 471 472 ACTION: Mr. Harris offered the following resolution: ,i (#33624-102297) A RESOLUTION endorsing the revised plan of I services for juvenile justice programs, funded by the State Depa,'b~ent 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. 60, page 234.) Mr. Harris moved the adoption of Resolution No. 33624-102297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers .... 6. NAYS: None .... O. (Council Member INhite was absenL) DIRECTOR OF FINANCE: CITY CODE-CITY CHARTER-TAXES-LICENSES: The Director of Finance submitted a written report advising that House Bill 293, which was passed during the 1996 Virginia General Assembly, provided that localities may impose a fee for issuing business licenses; the legislation allowed the issuance fee to be imposed upon both businesses that are subject to rate-based business license taxation and those that are not; in June 1996, Council adopted Ordinance No. 32959- 060396 to encompass the aforementioned provisions into the City Code; a $50.00 issuance fee was thereby established that was to be imposed upon all Business, Professional, and Occupational License Tax licensees; House Bill 2783, which was passed during the 1997 Virginia General Assembly, now prohibits localities from assessing business license taxes on any business upon which a license fee is charged, which means that businesses will either be subject to rate- based taxation or to the issuance fee, but will not be charged both a rate-based tax and the issuance fee; and provisions of House Bill 2783 are mandatory on July 1, 1998. ,I 473 It was further advised that the Code of the City of Roanoke (t979), as amended, must now be amended to comply with the requirements of House Bill 2783; the provision that no business license tax be assessed on any business upon which a license fee is charged must be incorporated into the City Code; the change will result in a decrease of approximately $125,000.00 in business, professional, and occupational license taxes to the City, which represents a decrease of 1.3% in BPOL revenues, based on the 1998 adopted revenue estimate of $9.3 million; and the fiscal year 1998 revenue estimate will not be adjusted as s result of the change, because it is still reasonably estimated. ACTION: The Director of Finance recommended that the Code of the City of Roanoke (1979), ss amended, be amended, to comply with the provisions of legislation adopted by the 1997 Session of the General Assembly and approved by the Governor on April 2, 1997, which amendment will provide that, effective January 1, 1998, a business license issuance fee will only be assessed if the gross receipts of a business are $100,000.00 or less. (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: (#33625) AN ORDINANCE amending §19-1.1, ~ char)tar: levy_ and burp_ ose of ,=~r. excer)tion to i_~,_,=__qce f~e Article I. I_D_G_e/l_e.[~, of Chapter 19, ~ of the Code of the City of Roanoke (1979), as amended, to eliminate the fifty dollar issuance fee and levy only the license tax when the total gross receipts of a business are more than $100,000.00; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 60, page 243.) The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Psrrott, Swain and Mayor Bowers ' 6. NAYS: None 0. (Council Member White was absent.) 474 ACTION: CITY ATTORNEY: CITY CODE-CITY CHARTER-PROCUREMENT CODE: The City Attorney submitted a written report advising that as requested by Council, the 1997 Session of the Virginia General Assembly amended the City Charter to increase the threshold for formal competitive procurement from $15,000.00 to $30,000.00; and the Charter amendment was effective July 1, 1997, and has been applied to City procurements since that dat~. The City Attorney recommended that Council adopt an ordinance to conform the City Code to the new Charter provision by amending the threshold for competitive procurement from $15,000.00 to $30,000.00, and said amendment also conforms the City Code to the Virginia Public Procurement Act, which was amended to provide for a $30,000.00 threshold in 1996. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (~t33626-102297) AN ORDINANCE amending and reordaining subsec~ons (a) and (b) of §23.1-4, Reouirement of biddino: Dower l:QJP_c_t_bJd~ subsection (a) of §23.1~.~, Reu_uirement of ComDetitiv D_Qgg_Ua_U9~, and subsection (g) of §23.1-6, Exceotions to reouirement of competitive orocurement, by increasing from $15,000 to $30,000, the threshold for required competitive procurement; providing for an effective date, and providing for an emergency. (For full toxt of Ordinance, see Ordinance Book No. 60, page 235.) Mr. Trout moved the adoption of Ordinance No. 33626-102297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers.. G. NAYS: None. (Council Member White was absent.) 475 PURCHASE/SALE OF PROPERTY-TAXES-DELINQUENT TAXES: The City Attorney eubmittsd a written report advising that there exists within the City certain real estate on which taxes and assessments are delinquent, and despite vigorous collection efforts by the City Treasurer and the Office of Billings and Collections, taxpayers have refused to pay these debts; and, in addition to the collection issue, in many instances, the properties also cause concern to surrounding property owners because the property is not cared for and properly maintained, thereby representing a blight on the neighborhood. It was explained that payment of all taxes and assessments on property may be enforced through a judicial sale conduct~l by the City for the purpose of collecting the taxes and assessments thereon; whereupon, the City Attorney recommended that suits be instituted to collect delinquent real estate taxes and assessments by judicial sale with respect to tho~e properties listed on Exhibit A and Exhibit B of the report. It was noted that the 1996 amendments also provided that reasonable attorneys' fees will be deducted from the sale price before a surplus is retumed to the owner; furthermore, a delinquent owner may not redeem property without paying attorneys' fees; given these new provisions, it became an attractive alternative to prlvatize the work; therefore, a letter was sent to all attorneys in the City who engage in mai estate and collection work seeking proposals for the work; based on the recommendation ora City employee team, itwes determined that the most cost effective and efficient way to handle the sales is for two outside firms, Hart & Hart Attorneys, Ltd., and Glenn, Feldmann, Darhy & Goodlatto, to file the necessary suits and take all other necessary action to sell the property; and the City Attorney's Office will monitor the work of outside counsel to ensure that the City's legal interests are protected and taxpayers are dealt with fairly and in accordance with the law. It was explained that prior to the propa~se identified on Exhibits A and B being turned over to outside firms so that suit to sell can be filed, the City will send letters in early November to the owners of the parcels advising that if the taxes and assessments are not paid in full, suit will be filed to sell the property in order to collect the taxes and assessments; also, in early November 1997, a notice identifying the property and advising that if the taxes are not paid, a suit will be filed to sell the property to collect the delinquent taxes will be published in ACTION: the newspaper; and it is anticipeted that proper'dee for which taxes are still outstanding will be turned over to outside counsel in January and the first suits will be filed in late January or early February 1998. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#33627-102297) A RESOLUTION directing the City Attorney to institute or cause to be instituted, and conduct or cause to be conducted, suite to collect delinquent real estate taxes and aeeeeementa by judicial sale. (For full text of Resolution, see Resolution Book No. 60, page 237.) Mr. Parrott moved the adoption of Resolution No. 33627-102297. The motion was seconded by Mr. Trout and adopted by Ute following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) REPORTS OF COMMITTEES: BUDGET-SEWERS AND STORM DRAINS-WATER RESOURCES: Council Member John H. Parrott, Chairperson, Bid Committee, presented a written report on behalf of the Committee, recommending that Council approve the following actions: Authorize the City Manager to enter into a contractual agreement, in a form fo be approved by the City Attorney, with Process Piping and Welding, Inc., for steam pipe replacement at the Water Pollution Control Plant, in the amount of $205,883.59 and 120 consecutive calendar days to complete the work; Appropriate the following funding from Water Pollution Control Plant Account No. 003-056-3175-9015 to a new Capital account entitled, "Steam Pipe Replacement": 477 ACTION: Contract Amount Project Contingency Total $205,883.59 Reject ell other bide received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (ff33628-102297) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 238.) Mr. Parrott moved the adoption of Ordinance No. 33628-102297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bower~ NAYS: None Ow (Council Member White was absenL) Mr. Parrott offered the following emergency ordinance: (#33629-102297) AN ORDINANCE accepting the bid of Process Piping and Welding, Inc., for the steam pipe replacement at the Water Pollution Control Plant, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 239.) 478 ACTION: Mr. Parrott moved the adoption of Ordinance No. 33629-102297. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Membem Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers - 6. NAYS: Non= O= (Council Member White was absenL) UNFiNiSHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PURCHASE/SALE OF PROPERTY-CITY PROPERTY-CHURCHES- WATER RESOURCES: Ordinance No. 33611 authorizing the exchange of a certain 0.108-acm parcel of City-owned property located at the Falling Creek Watershed in Bedford County for a certain 0.108-acm parcel of property owned by the Jetem Chapel Church of the Brethren located in Bedford County, upon certain terms and conditions, as more particularly set forth in a report of the Water Resources Committee dated October 6, 1997, having previously been before the Council for its first reading on Monday, October 6, 1997, 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: (#33611-t02297) AN ORDINANCE authorizing the exchange of a certain 0.108-acm parcel of City-owned property located at the Falling Creek Watershed in Bedford County for a certain 0.108-acre parcel of property owned by the Jetsm Chapel Church of the Brethren located in Bedford County, upon certain terms and conditions (For full text of Ordinance, see Ordinance Book No. 60, page 22t.) Mr. Trout moved the adoption of Ordinance No. 33611-102297. The motion was seconded by Mr. Harris and adopted by the following vote: 479 AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers 6. NAYS: Nono 0. (Council Member White was abeenL) SPECIAL PERMITS-UCENSES-WATER RESOURCES-STREETS AND ALLEYS: Ordinance No. 33614 granting a revocable license to provide for encroachment of a four foot high chain link fence over and into the public right-of-way at 3624 Yellow Mountain Road, S. E., Official Tax No. 4300426, owned by Donna g Whitehead, upon certain terms and conditions, having previously been before the Council for its first reading on Monday, October 6, 1997, 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: (~33614-t02297) AN ORDINANCE granting a revocable license to allow for the encroachment of a four foot high chain link fence over and into the public right-of-way at 3624 Yellow Mountain Road, S. E., Official Tax No. 4300426, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 222.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33614-102297. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Pan, ott, Swain and Mayor Bowers 6. NAYS: None , ~ 0. (Council Member White was absent.) SPECIAL PERMITS-WATER RESOURCES-STREETS AND ALLEYS: Ordinance No. 33615 granting a conditional permit to provide for encroachment of an existing building over and into the right-of-way along the alley located to the rear of property commonly known as 26 Church Avenue, S. W., Official Tax No. 1012306, owned by Vittorio A. and Jane A. Bonomo, upon certain terms and conditions, having 480 ACTION: previously bc.c.n before the Council for its first reading on Monday, October 6, 1997, 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: (~336t5-t 02297) AN ORDINANCE granting a conditional permit to allow for the encroachment of an existing building over and into the right-of-way along the alley located to the rear of property commonly known as 26 Church Avenue, S. W., identified by Official Tax No. 1012306, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 224.) Mr. Trout moved the adoption of Ordinance No. 33615-102297. The motion was seconded by Mr. Harris and adopted by the following vote: ACTION: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers ... 6. NAYS: None 0. (Council Member White was abeenL) BRIDGES-COMMITTEES-COMMUNITY PLANNING-WAR MEMORIAL: Mr. Swain offered the following resolution designating and naming a certain bridge over the Roanoke River located on newly extended Peters Creek Road between Shenandoah Avenue, N. W., and Brandon Avenue, S. W., in the City of Roanoke as Veterans Bridge: (~t33630-t02297) A RESOLUTION designating and naming a certain bridge over the Roanoke River located on newly extended Peters Creek Road between Shenandoah Avenue, N. W., and Brandon Avenue, S. W., in the City of Roanoke as Veterans Bridge. (For full text of Resolution, see Resolution Book No. 60, page 240.) Mr. Swain moved the adoption of Resolution No. 33630-102297. The motion was seconded by Mr. Trout and adopted by the following vote: 481 ACTION: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain end Mayor Bowers NAYS: Non_- 0. (Council Member White was abeenL) COMMITTEES-HOUSING/AUTHORITY: Inasmuch as Christie Meredith Keisey, a Commissioner of the Roanoke Redevelopment and Housing Authority, ia not a resident of the City of Roanoke, Mr. Trout offered the following resolution waiving the requirement of City residency: (#33631-102297) A RESOLUTION waiving the requirement of City residency for Christie Meredith Keisey, a Commissioner of the City of Roanoke Redevelopment and Housing Authority (For full text of Resolution, see Resolution Book No. 60, page 240.) Mr. Trout moved the adoption of Resolution No. 33631-102297. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Boware 6. NAYS: None O. (Council Member White was abeenL) INSURANCE-COUNCIL: Mr. Trout offered the following resolution establishing a special meeting of the Council of the City of Roanoke to be held on October 28, 1997, at 12:00 noon, in the Fourth Floor Conference Room, of the Roanoke County Administration Building, 5204 Bernard Drive, S. W., for the purpose of considering matters of mutual interest to the two governing bodies, including approval of a joint dental insurance con~act for employees of the two governments: (#33632-102297) A RESOLUTION establishing a special meeting of the Council of the City of Roanoke to be held on October 28, 1997. (For full text of Resolution, see Resolution Book No. 60, page 241.) 482 ACTION: Mr. Trout moved the adoption of Resolution No. 33632-t02297. The motion was seconded by Mr. Swain and adopted by the following VOte: AYES: Council Membere Trout, Wyatt, Harris, Pan'ott, Swain and Mayor Bowers 6. NAYS: None ......... 0. (Council Member White was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTS OF ACKNOWI.EDGEMENT-DECEASED PERSONS- SCHOOLS: Council Member Swain requested that the City Attorney prepare the proper measures memorializing the late William R. Hackley, Sr., former Administrator for Alternative Education, and Andrew W. Hull, former Supervisor of Music, Roanoke City Public Schools. COMPLAINTS-AIR POLLUTION CONTROL-NEWSPAPERS: Council Member Swain expressed concern with regard to citizen complaints about air pollution in a certain section of the City; whereupon, the City Manager advised that such matters are addressed by the State Air Pollution Control Board and the City would be pleased to work with any citizen who has a complaint. The Mayor requested that an information article be published in the "City Page" of The Roanoke Times explaining that such matters come under the jurisdiction of the State Air Pollution Control Board. VIRGINIA MUNICIPAL LEAGUE-SCHOOLS-CITY EMPLOYEES- PARKS AND RECREATION: Vice-Mayor Wyatt advised that she attended the Virginia Municipal League Annual Conference on October 19 - 2t, 1997, where she learned that the City of Roanoke is ahead of many other localities in the Commonwealth of Virginia in regard to school renovation and technology. She expressed concem that because Roanoke City has done such a good job of renovating its schools, it is her hope that the City will not be penalized with a decrease in State funding. 483 Ms. Wyatt commended City staff on efforts to acquire a portable stage similar to a stage that is currently in use by the City of Norfolk, which can be transported from location to location and will pay for itself within three years. ELECTIONS-COUNCIL~IAPS-CITY GOVERNMENT: Vice-Mayor Wyatt called attention to the modified election district referendum which ia included on the November 4, 1997 election ballot, and again requested that election district maps be posted at each voting precinct. The City Attomey explained that he has researched the Code of Virginia relating to election laws, and advised that there is authority to prepare a 500 word statement which would include the ballot question and an explanstlon of the ballot question, the statement may be published in a newspaper having general circulation in the City of Roanoke once during the week preceding the election, and the stetament may be posted at each of the polling places. Mr. Parrott moved that the City Attomey be requested to prepare a 500 word statement that would include the ballot question and an explanation of the ballot question to be posted at each of the City's polling places; that the document be published in The Roanoke Times and in the Roanoke Tribune once during the week preceding the November 4 election; and that copy of the election district map be postad at each of the polling places, if legally permissible. The motion was seconded by Mr. Swain. Inasmuch as the Code of Virginia makes no provision for the posting of an election district map at each voting precinct, the City Attorney explained that he made specific inquiry of the State Board of Elections; however, he was advised that the Assistant Attorney General who renders opinions on election issues will be.out of the office until Monday, October 27. He stated that if the State Board of Elections authorizes the posting of the election district map and if it is the desire of Council, he will request that the Registrar post the map on a wall at each of the polling places, along with the 500 word statement of the ballot question and an explanation of the ballot question. Mr. Gary W. Bowman, 3580 Wright Road, S. W., advised that he previously appeared before Council and requested that the City provide neutral election district system information via the government access channel, RVTV Channel 3. 484 Following discussion of the matter, it was the consensus of Council that the. City Manage.r will provide neutral election distri.ct system information, in comphance with Commonwealth of Virgin,a election laws, via RVTV, Channel 3. The motion offered by Mr. Parrott, seconded by Mr. Swain was adopted. FIRE DEPARTMENT-PENSIONS: A report of the Director of Finance requesting an extension of time to present a report to Council on proposed improvements to the City of Roanoke Pension Plan as requested by the Roanoke Firefighters Association. It was the consensus of Council that the matter would be deferred until the regular meeting of Council on Monday, December 15, 1997. TAXES: On behalf of Council Member White, who had to leave the meeting prior to adjournment, Council Member Harris advised that Mr. White had made a previous inquiry of the City Manager regarding the financial impact to the City of Roanoke if the personal property tax is eliminated as advocated by certain Gubernatorial candidates; whereupon, he requested that the City Manager respond to Mr. White's ,nqu,ry. The City Manager advised that the financial impact of eliminating the personal property tax as proposed by Gubernatorial candidates would create a decrease in City funds of $20.5 million. He explained that the loss of $20.5 million to the school system would equate to the closing of one high school, two middle schools and six elementary schools. On the City side of the budget, he stated that elimination of $20.5 million would be the equivalent of eliminating the police department, emergency services, parks and recreation, libraries, building inspections, the local share of operating the Roanoke City Jail, the annual street paving program, and snow removal. STATE HIGHWAYS-REFUSE COLLECTION-STREETS AND ALLEYS: The Mayor requested that the City Manager again contact Virginia Deps,~,,ent of Transportation officials regarding removal of litter on interstate ramps leading into the City of Roanoke. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. 485 ACTION: At 4:25 p.m., the Mayor declared the meeting in recess. At 4:30 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member White. COUNCIL: With respect to the Executive Session just concluded, Mr. 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 mot]on by which any Executive Session wes convened were heard, discussed or considered by City Council. The motion wes seconded by Mr. Swein and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers 6. NAYS: Non0 0. (Council Member White was abeenL) ACTION: COMMII-rEES.ROANOKE CIVIC CENTER: The Mayor called attention to vacancies on the Roanoke Civic Center Commission created by expiration of the terms of office of Evangeline B. Jeffrey and Roy E. Bucher, ending September 30, 1997, and called for nominations to fill the vacancies. Mr. Harris placed in nomination the names of Acres Hayes and Roy E. Buchsr, Jr. There being no further nominations, Mr. Bucher was reelected and Mr. Hayes was elected as members of the Roanoke Civic Center Commission, for terms ending September 30, 2000, by the following vote: FOR MESSRS. HAYES AND BUCHER: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers 6. (Council Member White was absent.) 486 ACTION: COMMITTEES4NDUSTRIES: The Mayor advised that the term of office of William L: Bova as a Director of the Industrial Development Authority of the City of Roanoke expired on October 20, 1997, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of William L. Bova. There being no further nominations, Mr. Bova was reelected as a Director of the Industrial Development Authority of the City of Roanoke, for a term ending October 20, 2001, by the following vote: FOR MR. BOVA: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers 6. (Council Member White was absent.) At 4:35 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Wednesday, October 22, 1997, 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, Mayor Bowers presiding. PRESENT: Council Members James O. Trout, Linda F. Wyatt, John H. Parrott, Carroll E. Swain and Mayor David A. Bowers 5. ABSENT: Council Members William White, Sr. and C. Nelson Harris 2. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. .i The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. 487 HEARING OF CITITENS UPON PUBLIC MATTERS: BLUE RIDGE COMMUNITY SERVICES: The Reverend William L. Lee, At-Large Member, Blue Ridge Community Services, presented information on tho~e services provided by Blue Ridge Community Services to the citizens of the City of Roanoke for the period ending June 30, 1997. He advised that during the past year, the mental health division hes introduced new residential support services designed to increase skills and abilities of clients living independently in the community, and they have collaborated with the City of Roanoke on the HAT Team, the Shelter Plus Care Project, and the SRO Partnership. He stated that 6,710 unduplicatad clients from the City of Roanoke received services during fiscal year 1997, and the citizens of Roanoke received $23.00 worth of services for each City of Roanoke tax dollar appropriated to Blue Ridge Community Services. Vice-Mayor Wyatt inquired about services provided by Blue Ridge Community Services for persons with traumatic brain injury difficulties; whereupon, Dr. Fred P. Roaessl, Executive Director, advised that the agency is not charged with the responsibility, nor does it receive funds, to provide services for brain or head injury patients; however, if such injury leads to mental illness, mental retardation, or substance abuse, Blue Ridge Community Services will provide assistance. Vice-Mayor Wyatt advised that each year she asks the same question and each year she receives the same answer from Blue Ridge Community Services, and until something is done, she does not intend to support the funding request of Blue Ridge Community Services. Council Member Swain inquired if Blue Ridge Community Services receives referrals from The Salvation Army Turning Point program; whereupon, Dr. Roeesel advised that he would research the matter and advise Mr. Swain accordingly. ACTION: Without objection by Council, the Mayor advised that the report of Blue Ridge Community Services would be received and filed. 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 Wednesday, October 22, 1997, at 7:00 I p m., or as soon thereafter as the matter may be heard, on the request .f 488 of Mr. and Mrs. I.arTy Pence and Mr. and Mrs. David Black that a portion of Brunswick Avenue connecting the 2000 block of Windsor Avenue, S. W., to an alley as the same extends between parcels bearing Official Tax Nos. 1440523 and 1440601, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, October 2, 1997, and Thursday, October 9, 1997, and in the ~]9~Z]llU]~ on Thursday, October 2, 1997. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the application indicates that the abovedescribed section of street right-of- way is primarily used by the applicants as an entranceway to their properties; the purpose of the request for closure is to secure the property within the right-of-way for reasons of security, safety and parking; and a review of the application by City staff indicates that the City has no current or future plans to open or utilize this dead-end section of Brunswick Avenue, was before Council. The City Planning Commission recommended that Council approve the request, subject to the following conditions: The applicant shall submit to the City, receive approval thereof, and record in the Office of the Clerk of Circuit Court, a subdivision plat providing for the following: Disposition of the land within the vacated rights-of-way in a manner consistent with the requirements of Chapter 3t, Subdivisions, of the Code of the City of Roanoke (1979), as amended. Retention of appropriate easements, together with the right of public passage over same for surface and subsurface installation and maintenance of any and all existing utilities that may be located within the right-of-way. 489 A covenant providing for the following I restriction: "T.hia vac. atecl right-of-way shall not be used in conjunction with adjacent lands to create a separate lot for building purposes." If the 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 an ordinance providing for such closure, said ordinance shall become null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the following ordinance be placed upon its first reading: (#33633) 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 B~.ok No. 60, page 245.) I The motion was seconded by Mr. Swa,n. 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. 33633 was adopted, on its first reading, by the following vote: AYES: Council Members Trout, Wyatt, Parrott, Swain and Mayor Bowers 5. NAYS: None 0. (Council Members Harris and White were absent.) STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Wednesday, October 22, t997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request 490 of the Roanoke Valley Society for Prevention of Cruelty to Animals that st~ets and alleys in the Edmund Avenue, 13th Street, Light Street and Baldwin Avenue, N. E., areas of the City be pe,,~anently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, October 2, 1997, and Thursday, October 9, 1997, and in the E~)9]~.T. Ei~ on Thursday, October 2, 1997. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the Roanoke Valley Society for the Prevention of Cruelty to Animals filed an application on August 8, t997, to close and vacate certain undeveloped public rights-of-way adjacent to their property to facilitate a future expansion of the humane facility, as follows, was before Council. An undeveloped portion of Edmund Avenue, N. E., running from 13th Street, N. E., in an easterly direction for approximately 730 feet, to the intersection of an undeveloped section of Light Street, N.E.; ~ An undeveloped portion of Light Street, N. E., running in a southerly dire.c, tion from its intersection with an undeveloped section of Edmund Avenue, N. E., to its intersection with Baldwin Avenue, N. E.; An undeveloped alleyway running in an easterly direction from approximately 280 feet from its intersection with 13th Street, N. E., running parallel with Eastern Avenue and undeveloped Edmund Avenue, N. E.; and An undeveloped alley running in an easterly direction for approximately 630 feet from its intersection with Baldwin Avenue, N. E., to its intersection with undeveloped Light Street, N. E. It was further advised that an amended application was submitted on September 16, 1997, deleting the undeveloped alleyway running in an easterly direction for approximately 280 feet from its intersection with 13th Street, N. E., running parallel with Eastern Avenue and undeveloped Edmund Avenue, N. E. 491 The City Planning Commission recommended that Council I approve the re.qusst to close and veca~ .the abovedsscrlbsd streets and alleys, subject to the following conditiorm: The applicant shall submit to the City, receive approval thereof, and record in the Office of the Clerk of Circuit Court, a subdivision plat providing for the following: Disposition of the land within the vacated fights-of-way in a manner consistent with the requirements of Chapter 3t, Subdivisions, of the Code of the City of Roanoke (1979), as amended, and in a manner which does not create a nonconforming lot, or lots; Retention of pedestrian easements at a width of not less than 20 feet within the Edmund Avenue and Light Street rights-of-way, and at a width of no less than the existing width of the subject alley, together with the right of public passage over same for surface and subsurface installation, repair or I maintenance of. any an.d all utilities that may be located within the right-of-way. If the 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 an ordinance providing for such closure, said ordinance shall become null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's .Office.) Ronald M. Martin appeared before Council in support of the request. Mr. Trout moved that the following ordinance be placed upon its firet reading: (#33634) AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 60, page 247.) 492 The motion wes seconded by Mr. Swain. The Mayor inquired if thers were persons prssent who would like to address Council with regard to the matter. There being none, Ordinance No. 33634 was adopted, on its first reading, by the following vote: AYES: Council Members Trout, Wyatt, Parrott, Swain and Mayor Bowers .... 5. NAYS: None 0. (Council Members Harris and White were absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 198t, the City Clerk having advertised a public hearing for Wednesday, October 22, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Lawrence H. Logan for amendment of the proffered conditions for rezoning of a 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, which rszoning was previously approved by Council pursuant to Ordinance No. 32953-060396, adopted on June 3, 1996, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, October 2, 1997, and Thursday, October 9, 1997, and in the Roanoke Tribune on Thursday, October 2, 1997. (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 petition to amend proffered conditions is to expand the list of uses permitted in connection with the existing commercial structure and t.o eliminate the reversion clause, was before Council. The City Planning Commission recommended that Council approve the request to amend the proffered conditions, inasmuch as the request to expand the list of CN uses permitted on the property is reasonable and allows for reuse of the existing commercial structure. (For full text, see report on file in the City Clerk's Office.) il' 493 Lawrence H. Logan appeared before Council in support of the I request. Mr. Trout moved that the following ordinance be placed upon its first reading: (#33635) AN ORDINANCE to amend ~36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 1tl, 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. 60, page 249.) 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 to amend proffered conditions. There being none, Ordinance No. 33635 was adopt~l, on its first reading, by the following vote: AYES: Council Members Trout, Wyatt, Parrott, Swain and I Mayor Bowers .. 5. NAYS: None 0. (Council Members Harris and White were abeenL) 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 22, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Elizabeth W. McMichael and Daniel Lee Beamer for an amendment to proffered conditions presently binding on property located at 2219 Franklin Road, S. W., described as Official Tax No. 1150108 and a portion of Official Tax No. 1150111, previously conditionally rezoned pursuant to Ordinance No. 32574-072495, adopted on July 24, 1995, the matter was before the body. Steven L. Higgs, Attorney, representing the pet~tionere, appeared before Council and requested that the public hearing be continued until the regular meeting of Council on Monday, November 17, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard. 494 ACTION: Mr. Trout moved that Council concur in the request to continue the public hearing until Monday, November 17, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard. The motion was seconded by Mr. Swain and adopted. OTHER HEARING OF CITIZENS: None. There being no further business, the Mayor declared the meeting adjourned at 7:35 p.m. City Clerk Mayor 495 ROANOKE CiTY COUNCIL ..... ROANOKE COUNTY BOARD OF SUPERVISORS October 28, t997 12:00 noon A joint special mesting of the Roanoke City Council and the Roanoke County Board of Supervisors was called to order on Tuesday, October 28, 1997, at 12:00 noon, at the Roanoke County Administration Centar, Fourth Floor Conference Room, 5204 Bernard Drive, S. W., Roanoke, Virginia, with Vice-Mayor Linda F. Wyatt and Chairman Bob L. Johnson presiding. ROANOKE CITY COUNCIL MEMBERS PRESENT: C. Nelson Harris, John H. Parrott, James O. Trout, William White, Sr., and Vice-Mayor Linda F. Wyatt 5. ABSENT: Council Member Carroll E. Swain and Mayor David A. Bowers 2. ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Fenton F. Harrison, Harry C. Nickens, Les B. Eddy, H. Ode# Minnix and Bob L. Johnson--5. ABSENT: None ROANOKE CITY STAFF PRESENT: James D. Ritchie, Sr., Assistant City Manager; Jesse A. Hall, Deputy Director of Finance; W',lburn C. Dibling, Jr., City Attorney; Mary F. Parker, City Clerk; William F. Clark, Director, Public Works; George C. Snead, Jr., Director, Public Safety; Kit B. Kiser, Director, Utilities and Operations; Glenn D. Radcliffe, Director, Human Development; Kenneth S. Cronin, Manager, Personnel Depsrb~,ent; Angelita Y. Plemmer, Public Information Officer; and J. Greg Reed, Civil Engineer. 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; Diane D. Hyatt, Director of Finance; Mary H. Allen, Clerk to the Board; Ann Marie Green, Public Information Officer; George W. Simpson, Assistant Director, Engineering and Inspections Deparb~ent; and Thomas S. Haislip, Director of Parks and Recreation. OTHERS PRESENT: Jacqueline L Shuck, Executive Director, Roanoke Regional Airport; and Mark F. Courtney, Director of Planning and Market Development, Roanoke Regional Airport. Following lunch, the business session convened at 12:30 p.m. 496 INSURANCE-CITY EMPLOYEES: Kenneth S. Cronin, Manager, Roanoke City Department ,of Personnel Management, presented a written report of the City Manager adv,sing that the current one year dental insurance contract with Delta Dental Plan of Virginia will expire on December 31, 1997; the City of Roanoke has joined with other govemmental entities in the Roanoke Valley to consider joint purchase of dental insurance; regional cooperation in the form of joint purchasing of dental insurance provides the City of Roanoke with an opportunity to improve the level of dental coverage for employees at a reasonable rata and receive a multi-ysar contract; and Slabaugh Morgan White ranked Delta Dental Plan of Virginia as the company most responsive to the request for proposals, and members representing each governmental entity concurred in the ranking. The City Manager recommended that Council authorize award of a contract for dental insurance to Delta Dental Plan of Virginia for a period of three years beginning January 1, 1998 and ending December 31, 2000, under the terms and conditions contained in the City's present contract with such firm, except as otherwise noted in the report, and that the City Manager be authorized to execute said contract in a form to approved by the City Attorney and with the understanding that Delta Dental Plan of Virginia will provide the City Manager with said contract for execution no later than December 15, 1997. (For full text, see report on file in the City Clerk's Office.) __ Mr. Hams offered the following resolution: (#33636-102897) 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. 60, page 243.) Mr. Harris moved the adoption of Resolution No. 33636-102897. The motion was seconded by Mr. White and adopted by the following vote: AYES: Mayor Wyatt Council Members Harris, Parrott, Trout, White and Vice- 5. NAYS: None (Council Member Swain and Mayor Bowers were abeenL) The Roanoke County Board of Supervisors adopted a motion to approve the proposed joint contract for dental insurance with Delta Dental Plan of Virginia. i I 497 AIRPORT: Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, presented an update on air service for the Roanoke Valley. She advised that the Roanoke Regional Airport Commission commissioned a study to analyze the quality of air service development and to identify any air service opportunities that were missing. She stated that frequently, elected officials engage in discussions concerning the airport and air service; whereupon, she presented information which can be used to promote Roanoke's Airport. She advised that the Roanoke Valley has, in effect, a comprehensive, proactive, aggressive air service development program which involves extensive market research, various surveys including semi- annual passenger surveys, a ticket survey in which tlckete are analyzed to determine which tickets are written for travel agencies, as well aa airport deetimatlons; and local evaluation of scheduling regarding the types of aircraft landing in Roanoke, available seats, and an ongoing evaluation of air fares. She called attention to an outreach program with the Economic Development depa,~,,,ente of Roanoke City, Roanoke County and the New River Valley, along with the Roanoke Valley Conven§on & Visitors Bureau and hotels and motels which target cities with good air service and the kind of air fares that will lure conventions to the Roanoke Valley. She advised that airport officials enjoy a good relationship with travel agencies and encourage them to report any problems regarding air fares, and travel agencies are provided with useful sta~ticel information. She stated that the Roanoke Valley has an extremely strong passenger base, which is predominantly business; and Roanoke's fares are high, but air fares are high throughout Virginia. (See Air Service Development Program Evaluation and Opportunities Assessment on file in the City Clerk's Office.) CONSULTANTS REPORTS-WATER RESOURCES-SEWERS AND STORM DRAINS: George W. Simpson, Assistant Director, Roanoke County Engineering and Inspections Depa, l,,,ent, presented an update on the Regional Storm Water Plan. He advised that the Plan, which is now completed, has been in progress since 1985, the Plan concentrates on 16 priority watersheds in the Roanoke Valley and covers approximately two-thirds of the entire valley, and the Plan goes a long way toward addressing flooding problems in the Roanoke Valley. He explained that the Roanoke County Board of Supervisors has been briefed on the plan, and a presentation will be made to Roanoke City Council on November 3, to Salem City Council on November 5, and to the Vinton Town Council on November 18. J. Grag Reed, Civil Engineer, Roanoke City Department of Engineering, advised that two regional detention basins are proposed in the regional study, and it was determined by the consultant that the detention basins are well located and will provide positive benefits. He explained that one detention basin will be located in the Montclair neighborhood and the other will be located in the North Lakes neighborhood, both in Roanoke County, which will provide benefits to those specific 498 neighborhoods, es well es downstream in the City of Roanoke, thus creating region.al benefits to both Roanoke County and Roanoke.C?. He advised that aeeum,ng all of the necessary permits can be obtained, ,t ,s proposed to move forward with construction of the detention basins in approximately early 1998, and total cost for implementation of the regional plan for identified projects is $61 million, plus any costs associated with floodproofing. PARKS AND RECREATION: Elmer C. Hodge, Roanoke County Administrator, advised that Roanoke County has been successful in operating a County Recreation Center on Brambleton Avenue, which is the combination of a teen center and a senior citizen center. He stated that et the leet joint meeting, an inquiry was made if it would be feasible to operate a similar center in downtown Roanoke in the City Market area, and City Council and the Board of Supervisors requested that the two administrations review the matter. Mr. Hodge advised that approximately $15,000.00 was spent for equipment and minor renovations to the current teen center; current membership is approximately 300; in 1995-96, there were 5,069 attended events and in 1996-97, there were 4,311 attended events (doss not include attendance at periodic special events and Battle of the Bands); the annual budget is $87,000.00 which covers a staff of four persons and minor expenses, and this cost is offset by annual membership dues of $12.00 and $4,000.00 received from special events, 50 per cent of gross revenues are derived from arcade games and 16 per cent from vending machine sales. Mr. Hodge explained that it is estimated if a teen center is located in the City Market area of downtown Roanoke, costs would be similar for renovations and other operating expenses; however, rent and utilities would be an additional factor to consider, as well as additional staff, depending upon the hours of operation. He explained that the Brembleton Teen Center caters primarily to middle school teens, while a teen center in downtown Roanoke might appeal to older teens. Mr. Hodge advised that if the Board of Supervisors and City Council are interested in a regional project of this nature which would be funded by both localities, it is recommended that a needs assessment be conducted by the Roanoke City and Roanoke County Parks and Recreation Depa,b,ents to ascertain whether there is sufficient interest from young people in the Roanoke area to move forward and, if so, to determine the best location for another teen center. It was the consensus of both governing bodies that a report will be submitted at the next joint meeting. 499 WATER RESOURCES-SEWERS AND STORM DRAINS: Kit B. Kiser, Director, Roanoke City Utilitiss and Operations, advised that Roanoke City end Roanoke County have worked together for a number of years on watsr/sswer contractual matters; and Roanoke County has been responsible for a large amount of wetor line construction. He further advised that the City hss continued its wetor plant expansion and wetsr line extension projects, and the City of Roanoke, along with the City of Salem, Town of Vinton and Botstourt County, ara partners in a massive sewage treatment plant and sewer interceptor expansion program; and a contract has been awarded for work on the Tinker Creek Sewer Interceptor and for expansion of the Sewage Treatment Plant to increase treatment capacity from 42 to 62 million gallons per day. He noted that the Roanoke River Interceptor Sewer Project is under contract, and the City has until January t998 to make a decision on whether to proceed with the other portion or to redesign the project. LOW BAND RADIO SYSTEM: Mr. Hodge advised that at the July 23 joint meeting, there was discussion regarding installation of a Iow band tourist radio system on the Blue Ridge Parkway. He explained that no Federal funding is available for installation of the system, however, the Stats will participate if the radio system is installed on Interatato 8t; if the system is installed on the Blue Ridge Parkway, participating local governments will have to fund the entire cost; and the Virginia Depa~t,~ent of Transportation has estimated costs of installation in the range of $50,000.00 and $90,000.00, with annual maintenance costs estimated to be approximately $10,000.00. He explained that Blue Ridge Parkway officials philoaophicaily support installation of a Iow band radio system on the Blue Ridge Parkway; however, the National Park Service has regulations which limit the use of the system to public information and no commercial advertising. Chairman Johnson advised that the majority of the Roanoke County Board of Supervisors stands ready to proceed with the project on the Blue Ridge Parkway. Vice-Mayor Wyatt advised that the Mayor has expressed support of the project; however, she was unsure as to the position of the other members of City Council. It was the consensus that the the staffs of Roanoke City and Roanoke County will provide specific info,,,,ation with regard to cost and location; entities that would be permitted to use the Iow band tourist radio system (Explore Park, Center in the Square, etc.); whether or not the entities would be expected to contribute toward costs of the system; and that the matter be reported to the two governing bodies at the next joint meeting. DUU INDUSTRIES-LEGISLATION-FIFTH PLANNING DISTRICT COMMISSION: Lee B. Eddy, Member, Roanoke Cou.nty Board of Supervisors, advised that he represented Wayne G. Strickland, Executive Director, Fifth Planning Di?rict Commission, who could not attend the meeting. He presented copy of the Reg;onal Industrial Facilities Act of 1997, which allows those localities in the Fifth Planning District and the Fourth Planning District, plus the Counties of Bland, Wythe, and Franklin, to enter into agreements for revenue sharing based upon industrial perks without having to go to referendum. He explained that the Act allows any three or more localities in the region to form an Authority to develop and operate a regional industrial facility which could be occupied by manufacturing, warehouse distribution, offce or other commercial enterprise. He further explained that the Authority would be composed of two members appointed by each of the participating governing bodies, the Authority would be a political subdivision of the Commonwealth of Virginia with full fiscal authority, including the authority to issue tax exempt bonds, and member localities would have to agree to a plan for sharing revenues without the need for a referendum. He inquired if there is sufficient interest to approach the Fifth Planning District Commission and the New River Planning District Commission to initiate special information sessions. Following a brief discussion, it was the consensus that Mr. Strickland should proceed with planning for special information sessions. HOUSING/AUTHOR?Y-TOTAL ACTION AGAINST POVERTY: Chairman Johnson advised that at ,ts regular meeting on October 28, the Roanoke County Board of Supervisors will consider a request of Lowe's, Incorporated, to rezone property on Route 220 South; and if successful, the County of Roanoke will, on its own behalf, contribute $1 million to the Total Action Against Poverty Blue Ridge Independent Living Center to be used for affordable housing which, when fully leveraged, should create a pool of approximately $3 million. Vice-Mayor Wyatt commended Roanoke City and Roanoke County for conducting meetings because the spirit of cooperation that exists has benefited the citizens of both localities. GREENWAY SYSTEM: As Chair of the Roanoke Valley Greenways Commission, Mr. Eddy expressed appreciation to Roanoke City Council for approving the 1-581 pedestrian and bikeway connection. 501 Them being no further business, the Vice-Mayor declared the special meeting of the Roanoke City Council adjourned at 1:25 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Linda F. Wyatt Vice-Mayor REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL November 3, 1997 12:15 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, November 3, 1997, at 12:15 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule t, ~ of Section 2-15, ~ Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William White, Sr., Linda 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; Wilbum C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. SEWERS AND STORM DRAINS-PUBLIC WORKS-CONSULTANTS REPORTS- i~LOOD REDUCTION/CONTROL: The City Man.ager submitted a report on the oanoke Valley Stormwater Management Plan wh,ch has now been completed and is ready for consideration by each of the participating communities, regarding how and when the Plan might be implemented. He explained that the Plan represents a monumental cooperative effort between the City of Roanoke, the County of Roanoke, the City of Salem, and the Town of Vinton, acting through the Fifth Planning District Commission, to study existing and future flooding problems throughout the Roanoke Valley; and the overall focus of the Plan is to implement policies and procedures that will reduce the danger and damage caused by flooding in the Roanoke Valley. It was noted that in 1994, the Federal Emergency Management Agency (FEMA) awarded a 50 per cent matching grant in cooperation with the Virginia Department of Emergency Services to prepare the Roanoke Valley Regional Stormwater Management Plan; this grant is the first of its type awarded by FEMA; the balance of funding for the Plan has come from the included communities, and was based on their respective areas; and in 1995, the technical subcommittee selected the engineering consulting finn of Dewberry and Davis to develop the Plan. 503 The City Manager advised that the following City watersheds were included in the Plan: Bernhardt Creek, Cravins Creek (Main Channel, West Fork), Glade Creek, Lick Run, Mudlick Creek, Murray Run, Ore Branch, Peters Creek (Main Channel, Tributaries A, B, and C), Tinker Creek, and Trout Run; runoff flows from each watershed were studied for both existing development and future (year 2020) developed conditions; flows were modeled on updal~l and detailed mapping which shows all existing buildings and roads aa of 1995; mapping also shows which buildings and roads are currently in the floodplain and which ones will be in the floodplain following future development; and the level of detail included in the Plan provides significantly more accuracy for the City's future use in planning, building construction, enforcement of floodplain regulations, and modeling than has been previously available. It was explained that also included in the Plan are specific projects which would reduce existing flooding problems, including costs, benefits and priority rankings; the structural projects identified in the Plan include bridge replacements, elevating roadways and regional detention basins; detailed modeling of each watershed identified bridges which ars undersized, as well as the flooding which results from bridge restrictions; and projects identified in the Plan (enlarge bridges, elevate roadways and construct regional detention basins) which would primarily benefit the City of Roanoke have an estimated cost of approximately $20 million. The City Manager pointed out that the Plan also identifies specific buildings (homes and businesses) which are subject to flooding, as well as the depths of both the current and future flooding which is expected at each building; over 1,400 homes and businesses in the Roanoke Valley were identified by the Plan to be within the 100-year floodplain; approximately half of these buildings ars located in the City of Roanoke; many of the buildings cannot be feasibly protected by structural projects such as channelization, bridge replacements, or regional detention basins; for buildings located in the City, flood protection would require either purchase, relocation or elevation at an estimated cost of over $35 million; and it should be noted that this is not an exhaustive list of flood prone buildings located in the City since the study does not include the Roanoke River or several of the smaller watersheds such as Gamand Branch (Garden City area) and Murdock Creek (Greater Deyerle area). The City Manager advised that in looking at future drainage needs in the City of Roanoke, it can be seen that there ars currently approximately $15 million in capital improvement drainage projects which have bccn identified outside the Plan; the $2.6 million which will be included for drainage projects in the upcoming bond referendum is targeted for projects in the smaller watersheds where many of the neighborhood problems exist; and one of the major benefits of the Plan is that the 504 City can now predict flooding damage and possible solutions prior to experiencing another flood, which will allow the City to address the risks and costa associated with many of the larger drainage problems located throughout the City and to formulate a planned approach to the $70 million in drainage projecta that have now bccn identified. William F. Clark, Director of Public Works, advised that the purpose of the briefing is to provide Council with a summary of the status of the Roanoke Valley Stormwatar Management Plan and Council will not be requsstad to take action at the present time. However, he stated that it is anticipated that recommendations will be submitted to Council in the near future with regard to proceeding to the next level which might involve a feasibility study on financing stormwater management in the Roanoke Valley. Timothy J. Lormand, Senior Water Resources Engineer, representing Dewberry and Davis, Fairfax, Virginia, and Femando Pasquel, representing CH2M Hill, Consulting Engineers, presented a summary of the stormwater management study. Mr. Lormand advised that the briefing would include an overview of the stormwatar management program which was prepared working in conjunction with the City of Roan?e, ~e County of Roanoke, the Town of Vinton, and the City of Salem, an evaluation of identified funding options, a discussion of storm wafer utility considerations such as what are stormwater utility pros and cons, options, and costa, and conclude with findings and recommendations. He stated that t6 watersheds in total are included in the study, the Roanoke River corridor was not included, nor were certain other areas which are small tributaries to the Roanoke River. He further stated that a detailed study of the watersheds has bc.~n completed and identified, and cost estimates were developed for 120 projecta that will help to solve some of the flooding and erosion problems, totaling approximately $61 million in construction costa, and a priority system has been developed working in conjunction with City, County and Town staffs to rank the projects so that they can be implemented as funding becomes available. He advised that in studying the flooding problems and developing solutions, there were some areas where structural solutions such as building a reservoir, or channelization, or raising or increasing the bridge opening were not acceptable solutions, therefore, in addition to the $61 million which is shown for structural projects, relocation of houses in areas that are extremely flood prone is a part of the plan. He stated that a citizens advisory committee was appointed to provide citizen input regarding the concept of the plan and to help with public awareness of the plan; for eactt watershed, projects are identified and ranked by what is most important to accomplish first, or what will provide the most benefit for the dollars spent to reduce flooding problems; and 5O5 projects such ss bridge improvements and bridge replacements are intended to reduce road flooding. He advised that the problem has ~ccn studied, projects and solutions have been identified, and the consultants are at the point of working with the localities toward implementing the plan. Mr. Pssquel advised that the tschnical advisory committee has completed the initial steps toward implementation by completing watershed plans, identifying funding options, evaluating financing scenarios, and developing a plan to promote action. In terms of evaluating the funding options, he stated that background data was obtained from the four municipalities and 16 funding options were identified ranging from watsrehed implementation districts, to bonds, to different types of available taxing authority and, in so doing, the consultants reviewed advantages and disadvantages, revenue potential, and implementation issues to be addressed. Mr. Pssquel stated that considerations in selecting funding options for the various financing scenarios range from identifying reliable funding sources, to considering at least one mechanism that will provide long term financing given the size of the program and the nature of the projects, including a utility fee structure in light of equity and reliability considerations, one ongoing equity method, and allowing flexibility within some categories. He stated that it is important for municipalities to follow through with the implementation plan by prioritizing projects and initiating the final design, adopting a model stormwater ordinance, adopting a stormwatar maintenance policy, increasing enforcement efforts in priority watersheds, and obtaining endorsement to proceed with developing funding options - stormwatar utility feasibility. Mr. Pasquel explained that a stormwatar utility is a method of providing a dedicated funding source for a municipality's stormwatar management program. He advised that whenever drainage needs arise, they compete with fire, rescue, police, and education needs, therefore, the authority exists to implement this type of utility operation because developed property generates additional runoff and a measurable service is provided. He advised that the stormwater utility is not just another tax because fees are based on service provided which, for the municipality, reduces reliance on general funds and increased services ara provided, the polluter pays the principle, all properties pay, and the use of funds is limited. He explained that Virginia localities can create utilities for funding for land acquisition for construction of stormwator facilities, administration of stormwater programs, engineering, construction and debt retirement costs of stormwatar facilities, facility operation and maintenance, and monitoring of stormwatar control devices. He stated that typical steps taken to establish a stormwater utility is to develop an implementation strategy, develop a facility study, adopt an ordinance, develop a rate structure, implement building procedures, and provide services. He noted that local policy 506 issues have to form the basis for an implementation strategy such aa service f~ccda, staff or.g. anization, funding sources, fee basis ..for billing method, payment respons,bility, and legal and practical financial limits. In regard to how fees are determined, he stated that a stormwater management fee is based on the extent to which each property contributes to stormwater runoff, the amount of impervious area on each property, and the cost of implementation of the program. He added that the selected rate structure should be fair and simple with residential paying a fiat fee, non-residential would be based on actual impervious area, and no fee for undeveloped land. Mr. Paequel advised that four funding options were selected with the stormwater utility being the basis upon which the program would be implemented, long term borrowing would include general obligation bonds and/or revenue bonds on the revenues generated by the utility which would not be effective until four to five years after the utility is implemented, fees and taxes for taxing the real estate property, taxes, or community general funds, and developer-related charges through land development fees and participation/reimbursement agreements. He stated that enough money can be generated to cover the cost of the program within the next five years based on for example $3 per month or $1 per month to be paid by each single family home in the four localities. He explained that cumulatively, in a five year period, 100 per cent of the program could be covered by $3.00 per month, per household, and up to 40 per cent. could be covered by $1.00 per .m. on. th, per household. He presented ach. art dlustrating what other localities in V.irg,nia are doing, which reveals th.at there ,s a range between $18.00 per year per un,t to a high ;feaSrS. 4.00, and nation--de, a wider range exists from $3.00 per year to $132.00 per Mr. Pasquel presented the following implementation recommendations: Implement a stormwa~r utili.ty as the primary funding mechanism for the identified projects and programs; (2) Use other mechanisms as appropriate to support regional and community needs; (3) Conduct a vigorous public decision process to confirm the program and to establish priorities and level of funding; (4) Develop policies to insure long term maintenance of public and private stormwator facilities. -t 507 He also reviewed the following short term implementation steps - 1997-98: (t) Conduct a feasibility study for the stormwater utility and developing rate structure and data bases and identifying and evaluating administrative policies; (2) Reinitiate public information/involvement programs; (3) Related follow-up efforts: Establish procedures for Stol iii~llr~lter model maintenance, Prioritize projects and initial final design, Adopt model stormwater ordinance, Initiate water quality protection activities and prepare for NPDES program. Mr. Clark advised that the City's share of improvements to the 16 watersheds was placed at approximately $20 million for bridge improvements, the retention pond, etc., and another $35 million if structures ara relocated that ara within floodplains, therefore, the City could be facing between $75 - $100 million in storm drain facilities. He explained that the issue is how can the City, in a reasonable period of time, begin to implement some of these actions, and the concept of a stormwater utility is intended to look at alternatives. He advised that City staff will present recommendations to Council on how to proceed to determine whether a stormwater utility is a feasible alternative for the City to consider in its funding mechanisms. Council Members offered the following observations/questions: More in-depth briefings are needed prior to the time that Council will be called upon to act on the matter. Will the utility assessment be a permanent utility fee? Will undeveloped properties be charged the utility assessment? There being no further questions and/or comments, without objection by Council, the Mayor advised that the briefing would be received and filed. 508 CITY EMPLOYEES-PERSONNEL DEPARTMENT: Kenneth S. Cronin, Manager, Personnel Management, presented a new em.ploy..e~ ori.entetion film which was prepared by Personnel Management staff in conjunction ~nth RVTV, Channel 3. He ~[I advised that within the first week of employment, new employees ars briefed on health cars, life insurance, long term disability, etc., and within the first three months, new employees receive more in-depth orientation regarding policy and procedures, benefits, etc., along with presentations by the City Manager on leadership issues and the work place today, and a presentation by the Mayor on the political process. He explained that new employees participate in a scavenger hunt which causes them to visit various City departments to leem about what they do, and they also participate in a VIP tour of various outlying City operations. During the first month of employment' he advised that new employees participafe in a four- hour Customer Service Training Program. There being no questions or comments, without objection by Council, the Mayor advised that the briefing would be received and filed. At 1:30 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, November 3, 1997, 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., Linda 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; 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 Philip E. Motley, Pastor, Grsndin Court Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. 509 ACTION: ACTION: The Mayor advised that all mattors 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 the possible use of real property for public purpose, specifically certain undeveloped property in the Roanoke Centre for Industry and Technology; and 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, July 7, 1997, and Monday, July 21, 1997, were before the body. (For full text, sss 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 Wltite, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: None 0. 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.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.) 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 (t 950), as amended. The motion was seconded 510 ACTION: ACTION: 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. BUDGET-CITY EMPLOYEES-PERSONNEL LAPSE FUNDS: A report of the City Manager advising that personnel lapse is generated due to employee tumover and vacancies in City dsparb,,ents; and for the current fiscal year, salary savings of $825,000.00 are projected as a result of the vacancies, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. Whit. moved that the report be received and filed. 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. INDUSTRIES-ECONOMIC DEVELOPMENT: A report of the City Manager requesting that Council convene in Executive Session to discuss a maP-er with regard to the possible use of real property for public purpose, specifically certain undeveloped property in the Roanoke Centre for Industry and Technology, 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.) 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 the possible use of real property for public purpose, specifically certain undeveloped property 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. Swain and adopted by the following vote: 1 511 ACTION: AYES: Council Membere White, Wyatt, Herria, Parrott, Swain, Trout and Mayor Bowere 7. NAYS: None 0. ROANOKE CIVIC CENTER-OATHS OF OFFICE-COMMITTEES: A report of qualification of Acme Hayes as a member of the Roanoke Civic Center Commission for a term ending September 30, 2000, 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 flied. 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: Nono. 0. HEARING OF CITIZENS UPON PUBLIC MATTERS: ANNUAL REPORTS-DOWNTOWN ROANOKE, INCORPORATED: Robert W. Glenn, Jr., Chair, Downtown Roanoke, Incorporated, presented copy of the Annual Report of Downtown Roanoke, Inc., and expressed appreciation for the good working relationship that exists between City Council, the Roanoke community and Downtown Roanoke, Incorporated. He called specific attention to the following projects: (t) Holiday decorations in downtown Roanoke; (2) The City's leadership role in locating 200 additional jobs for First Union employees in downtown Roanoke; (3) The City's partnership in Downtown Roanoke's Outlook Project and Destination Education Project; (4) Improvements to Kirk alley which are currently underway; (5) The downtown railwalk which will provide a connectivity with other organizations and instltutJons in the City Market srea; (6) Construction of the Second Street Bridge; (7) The kiosk in downtown Roanoke to direct visitore to various destination points. ACTION: Mr. Glenn advised that Downtown Roanoke, Incorporated, has made a decision to shift more of its resources and efforts to downtown economic development; however, they will continue to support festivals and other special activities; it is hoped that Downtown Roanoke, Incorporated, can develop a partnership with the City and others through development of a festival events committee to provide for a larger and better focus on events and festivals in downtown; and Downtown Roanoke, Incorporated, needs the City's assistance as it continues to move forward with downtown development plans, not the Ioast of which is identifying an appropriate rouse for the recently acquired Norfolk Southern buildings. Without objection by Council, the Mayor advised that the remarks of Mr. Glenn would be received and filed. CLEAN VALLEY COUNCIL-SPECIAL EVENTS: Donald S. Caldwell, Commonwealth's Attorney, and 'City Action Team representative, presented a report on 1997 Tiro Amnesty Days which were held on April 11 - 12, 1997. He advised that volunteers addressed the problem of discarded and abandoned tires throughout the City and provided an avenue where persons could get rid of tires that were creating blight and contributing to the overall unattractive appearance of some neighborhoods. He stated that over 35,500 tires were collected in the two-day period, and over 150 City volunteers worked on the project which was a Valley-wide effort. He explained that the City Action Team is proposing Sweat Equity Day No. 1 in March 1998, in conjunction with Clean Valley Day, which will involve City volunteers walking some of the streets and areas in the City and physically picking up litter that does not lend itself to be picked up other than by hand. 513 ACTION: Mr. Caldwell advised that Tire Amnesty Days No. II is not proposed for 1998 because it does not appear that the Stats, which underwrots the funding for Tire Amnesty Daye No. 1, will have available funds, and suggested that Council address the matter with the City's representatives to the General Assembly. Following discussion of the matter and without objection by Council, the Mayor advised that the briefing would be received and filed. ACTION: PETITIONS AND COMMUNICATIONS: SCHOOLS: A communication from Dr. E. Wayne Harris, Superintsndent, Roanoke City Public Schools, advising that a Workforce Endorsement Agreement is a collaborative effort involving the City of Salem School Division, Roanoke City School Division, Roanoke County School Division, the Salem-Roanoke County Chamber of Commerce, and the Blue Ridge Regional Education and Training Council with endorsement by the Roanoke Regional Chamber of Commerce; the agreement, signed by business and industry, schools and students, establishes that businesses w!ll give priority for employment to high school gredust,=s who have s,gned the Workforce Endorsement Agreement, which encourages students to do well academically and to have good attendance; and just as transcripts are required for college admission, businesses agree to request student transcripts for employment, was before Council. The Superintsndent requested that Council sanction and support the Workforce Agreement. (For full tsxt, see communication on file in the City Clerk's Office.) Ms. Wyatt moved that Council concur in the request. The motion was seconded by Mr. Swain and unanimously adopted. BUDGET-CITY TREASURER-COMMISSIONER OF REVENUE- EQUIPMENT-STATE COMPENSATION BOARD: A communication from the Honorable David C. Anderson, City Treasurer, and the Honorable Mareha C. Fielder, Commissioner of the Revenue, advising that the Commonwealth of Virginia Compensation Board reimburses the Office of the City Treasurer and the Office of the Commissioner of the Revenue for a portion of personnel and administrative expenses; official correspondence from the Compensation Board to the Constitutional offices is sent via the United States Postal Service; however, the Compensation Board will begin using facsimile (fax) machines to send documents to Constitutional offices, was before Council. It was further advised that the Virginia Compensation Board has approved funding in the amount of $306.00 for the Office of the City Treasurer and $458.00 for the Office of the Commissioner of the Revenue for acquisition of fax machines; and concurrence by Council is required to receive additional funding from the Compensation Board. The City Treasurer and the Commissioner of the Revenue recommended that Council concur in the following actions: Increase the revenue estimate for Shared Expenses - Treasurer, Account No. 00t-020-t234-0613, in the amount of $306.00, and Shared Expenses - Commissioner of the Revenue, Account No. 001-020-1234-0612, in the amount of $458.00; and Appropriate funding in the amount of $306.00 to Account No. 001-020-1234-9005, Furniture and Equipment - City Treasurer, and funding in the amount of $458.00 to Account Ho. 001-020-1233-9005, Furniture and Equipment - Commissioner of the Revenue. 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 emergency budget ordinance: (~33637-110397) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 250.) 515 ACTION: Mr. Whits moved the adoption of Ordinance No. 33637-110397. The motion wes 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 0. 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 Trigon Blue Cross Blue Shield expires on December 31, 1997; competitive sealed bidding wes not practicable due to the large number of options and plans available; Trigon Blue Cross Blue Shield provided a contract renewal which includes the following: a decrease in rates by ten per cent, effective January 1, 1998 through December 31, 1998; a rate cap for the second year of the contract, January 1, t 999 through December 3t, 1999, of eight per cent; and a rate cap in the third year based on a formula related to claim patterns for the 24 preceding months of the contract. It was further advised that the Employee Benefits Awareness Committee reviewed the Trigon Blue Cross Blue Shield renewal; following review of the proposal, the Committee recommended keeping health care rates the same for the next two years versus decreasing rates the first year of the contract and increasing rates in the second year; retiree rates will be the same as active employee rates beginning January 1, 1998; Trigon Blue Cross Blue Shield stock was sold for $577,767.00 on October 1, 1997, which amount was credited to the Health Insurance Reserve; the Health Insurance Reserve wes also credited with $383,142.00 in interest for the fiscal year ending June 30, 1997; a premium holiday for all who perdcipats in the City's health care program is an excellent method to distribute the earnings received from the one-time stock sale and the interest earned; during the period of a 516 premium holiday, health care premiums are paid from the Health Insurance Reserve; the cost par month for a premium holiday is approximately $428,000.00, and will reduce each participating employee's annual cost of health insurance by 16.7 par cent for contract year January 1, 1998 through December 31, 1998; and the premium holiday, if granted, would apply to active employeea and retirees under age 65 who participate in the City's health care program. Currently monthly rates and new rates are the same for the first two years of the contract and are as follows: 1998.99 1998-99 Employee $176.84 $145.74 EmpJChild 254.68 209.90 Family 413.82 341.10 Employee costs monthly after City contribution are as follows: 1998-99 1998-99 Employee $17.84 $ 7.74 EmpJChild 95.68 71.90 Family 254.82 203.10 City Contribution 159.00 138.00 The City Manager recommended that Council award the contract for health care insurance to Trigon Blue Cross Blue Shield for a period of two years beginning January 1, 1998 through December 31, 1999, with a right to renew a third year beginning January 1, 2000 and ending December 3t, 2000, under terms and conditions contained in the City's present contract with such firm, except as otherwise noted in the City Manager's report, and authorize the City Manager to execute the same in a form to be approved by the City Attorney and with the understanding that Trigon Blue Cross Blue Shield provide the City Manager with said contract, for execution not later than December t5, 1997; and, in addition, the City Manager recommended that Council approve a premium holiday for the months of December 1997 and January t998, based on the coverage selected by active employees and retirees, effective January 1, 1998. (For full text, see report on file in the City Clerk's Office.) ACTION: ACTION: 517 Mr. Trout offered the following resolution: (~33638-110397) 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 subscribers and retirees of the City and members of their families; and providing for payment of the participant's share of such health insurance premiums for December 1997 and January 1998. (For full text of Resolution, see Resolution Book No. 60, page 251.) Mr. Trout moved the adoption of Resolution No. 33638-t10397. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain and Trout 6. NAYS: Mayor Bowers Vice-Mayor Wyatt requested information on the top ten medicines prescribed for City employees via the prescription card through Trigon Blue Cross Blue Shield. 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 1997. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the Financial Report would be received and filed. BUDGET-INSURANCE-RISK MANAGEMENT FUND: The Director of Finance submitted a written report advising that Section 2-188.1, Reserve for self-insured liabilities, Code of the City of Roanoke (1979), as amended, stipulates that at the conclusion of each fiscal year, $250,000.00, to the extent available from any undesignated General ACTION: Fund balance at the end of such fiscal year, shall be reserved for self- insured liabilities of the City; and as such, on June 30, 1997, $250,000.00 was reserved in the General Fund for self-insured liabilities. It was explained that on July 1, 1996, a new Risk Management Internal Service Fund was established to account for insurance coverage for the City of Roanoke, accordingly, the City's Reserve for Self-Insured Liabilities was transferred to this fund from the General Fund; and all insurance activities are now accounted for in the Risk Management Internal Service Fund. The Director of Finance recommended that an ordinance be adopted to appropriate the $250,000.00 reserved in the General Fund for self-insured liabilities to be transferred to the Risk Management Fund where the remaining self-insurance reserve exists, and the proposed ordinance also establishes a revenue estimate in the Risk Management Fund for the transfer, thereby increasing the Reserve for Self-Insured Liabilities. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (~1~33639-110397) AN ORDINANCE to amend and reordain certain sections of the t997-98 General and Risk Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 262.) Mr. Swain moved the adoption of Ordinance No. 33639-110397. 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 .... 0. CITY ATTORNEY: CITY CODE-ANIMALS/INSECTS-LICENSES: The City Attomey submitted a written report advising that two sections of the Cede of the City of Roanoke (1979), as amended, nccd to be amended in order to bring the Cede into conformity with requirements of State law; Section 6-40 of the City Cede currently requires that dogs which are six months or older be licensed; the comparable section of the Stats Code requires that licenses be purchased for dogs which are four months old; in addition, Section 6-62 of the City Code requires that every dog or cat which is six months or older must have a current rabies vaccination; and the State Cede requires that rabies vaccinations be obtained when these animals attain the age of four months; whereupon, the City Attorney recommended adoption of an ordinance to amend the City Code which will conform City Code provisions to Stats law. 519 (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 firet reading: (~33640) AN ORDINANCE amending and reordaining ~6-40, ~gUJJt~_~, of the Code of the City of Roanoke (1979), as amended, to require licensing of dogs which are four months old or older and amending and reordaining subsection (a) of ~6-62, Y~ ~ of the Cede of the City of Roanoke (1979), as amended, to require rabies vaccinations of any dog or cat which is four months old or older. (For full text of Ordinance, see Ordinance Book No. 60, page 257.) The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrot'(, Swain, Trout and Mayor Bowers 7. NAYS: None 0. REPORTS OF COMMITTEES: PURCHASE/SALE OF PROPERTY-DONATIONS/ 520 CONTRIBUTIONS-STATE HIGHWAYS-HOUSING/AUTHORITY-HOTEL ROANOKE CONFERENCE CENTER-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 a request that the Virginia Department of Transportation convey to the City all residual and surplus right-of-way parcels from the Wells Avenue Project, and that the City convey the parcels to the Roanoke Redevelopment and Housing Authority and to the H. R. Foundation, Inc., as owners of the property abutting the parcels of land. A staff report advised that on December 16, t992, Council adopted Resolution No. 31287-121692, approving the location of the realignment of Wells Avenue from Williameon Road, N. E., to First Street, N. W.; the Wells Avenue project was substantially completed in March t995 to coincide with the opening of the Hotel Roanoke and Conference Center; tl residue parcels totalling approximately 0.5t8 acrs remain rifled in the name of the Commonwealth of Virginia, which has agreed to donate the residue parcels to the City of Roanoke at no cost to the City; and the residual parcels co-join properties owned by the City of Roanoke Redevelopment and Housing Authority and the H. R. Foundation, Inc., who have requested that these fractional adjacent parcels be conveyed to them to be combined with each of their adjoining properties. The Water Resources Committee recommended that Council adopt a resolution requesting that the Virginia Department of Transportation donate all residual and surplus right-of-way parcels from the Wells Avenue project to the City of Roanoke and that the City convey the parcels of land to the Roanoke Development and Housing Authority and to the Hotel Roanoke Foundation as owners of property abutting the parcels. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: (#33641-110397) AN ORDINANCE authorizing the City Manager to request that the Virginia Depar[,,,ent of Transportation (VDOT) convey to the City all residual and surplus right-of-way parcels from the Wells Avenue Project, and the donation of these parcels to the adjoining property owners; and providing for an emergency. ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 254.) Ms. Wyatt moved the adoption of Ordinance No. 33641-110397. The motion was seconded by Mr. Trout and adopted by the following vote: 521 AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers... 7. NAYS: Non-- 0. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., requested a clarification with regard to which parcels of land are included in the report; whereupon, the City Manager identified the property as being located on the south side or the hotel side of Wells Avenue, which property is currently owned by the Commonwealth of Virginia. PURCHASE/SALE OF PROPERTY-EASEMENTS-WATER RESOURCES: Vice-Mayor Linde F. Wyatt, 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 construction of the Estates Road Water Line Project. _ A staff report adv,ssd that water service to Estates Road is currently provided through a pneumatic booster station located on Rosemary Avenue, S. E.; pressure fluctuations occur periodically at the dead end of Harteook Boulevard and Medallion Circle due to the pump station cycling on and off and through draw down off the gravity system which services the area; easements though private property are required to provide a connection between Gearhart Road and Estates Road; authorization is needed to move forward with title work, negotiations and closing for acquisition of property rights; and potential growth and development exists on 32 acres of land located at Ute end of Harteook Boulevard that cannot be served off of the gravity pressure level. The Water Resources Committee recommended that Council authorize the City Manager to take the appropriate action to acquire all property fights necessary for the construction of the Estates Road Water Line Project across the required properties. (For full text, see reports on file in the City Clerk's Office.) 522 ACTION: Ms. Wyatt offered the following emergency ordinance: (#33642-110397) AN ORDINANCE providing for acquisition of property rights needed by the City for the construction of the Estates Road Water Line 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; upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 255.) Ms. Wyatt moved the adoption of Ordinance No. 33642-110397. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Membera White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ........ 7. NAYS: None 0. EASEMENTS-HOUSING/AUTHORITY-UTILITIES-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to abandonment of existing public utility easements relating to the Downtown East Renewal Project. A staff report advised that the Roanoke Redevelopment and Housing Authority owns a parcel of land located at the northwest comer of Church Avenue and Williamson Road, S. E., which is to be pert of the proposed Ice Park; a City sanitary sewer lateral is located in a 15-foot public utility easement that runs through a portion of the lot, which currently serves no purpose since there ara no structures on the lot; the developer of the Ice Park has requested that the lateral and easement be abandoned in order to remove an unnecessary encumbrance on the parcel of land; existing easements must be vacated by Council; and the percel of land is identified as Official Tax No. 4011413. ACTION: The Water Resources Committee recommended that Council authorize vacation of the existing public utility easement, in a form to be approved by 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: (#33643) AN ORDINANCE authorizing abandonment of a certain 15' wide public utility easement located on property owned by the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 258.) 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 0. 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 October 27, 1997, Council's Legislative Committee met to review the proposed 1998 Legislative Program; after careful review, the Committee approved the City portion of the Program; the School Board portion of the Program was also reviewed and will be considered by the School Board for the first time at its meeting on November 11, 1997; and after approval by the full Board, the School Board portion of the Program will be forwarded to Council at its meeting on November 17, 1997, at which time, Council will be requested to consider a resolution adopting the entire Legislative Program. It was further advised that the City's Legislative Program anticipates an attack on the personal property tax and provides a strong defense of this vital revenue source that will produce $20.5 million for the City in fiscal year 1997-98; the Program further highlights 523 524 ACTION: the important achievement and recommendations of the Urban Partnership which are intended to promote the economic competitiveness of Virginia's regions in the global marketplace; the 1996 Session of the General Assembly created the formula and machinery for distribution of incentive funding to localities that implement regional cooperative ventures, and the 1998 Session must continue to fund this important legislation; and the Higher Education Center is highlighted as necessary to allow the region to meet the educational challenges of the twenty-first century. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Wyatt advised that as a member of the Legislative Committee, she would like to go on record in support of the 1998 Legislative Program; however, she views collective bargaining as a positive tool for persons to deal with their differences, and stated her opposition to that portion of the City's 1998 legislative Program which opposes collective bargaining. Mr. White moved that Council approve the City's portion of the proposed 1998 Legislative Program and that the City Attorney be requested to include an additional item to the legislative program with regard funding for a second Tire Amnesty Day through the Department of Environmental Quality Waste Tire Program. The motion was seconded by Mr. Swain and unanimously adopted. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SEWERS AND STORM DRAINS-EASEMENTS: Ordinance No. 33621 authorizing vacation of the abandoned portion of a sanitary sewer easement, and authorizing acceptance of a new 15-foot sanitary sewer easement across property identified by Official Tax No. 4080905 and commonly known as 310 Robin Hood Road, S. E., upon certain terms and conditions, as more particularly set forth in a report of the City Manager dated October 22, 1997, having previously been before the Council for its first reading on Wednesday, October 22, 1997, 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: 525 (ff3362t-110397) AN ORDINANCE authorizing vacation of the I abandoned portion of a sanitary sewer easement, and authorizing acceptance of a new 15-foot sanitary sewer easement across property identified by Official Tax No. 4080905 and commonly known as 310 Robin Hood Road, S. E., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 243.) ACTION: Mr. Harris moved the adoption of Ordinance No. 33621-110397. The motion wes seconded by Mr. Parmtt and adopted by the following vote: AYES: Council Members Whit., Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ..... 7. NAYS: None CITY CODE-TAXES-LICENSES: Ordinance No. 33625 amending §19-1.1, Iritent of this chaDter: lev_v and Duroose of tax: exception to iM~AI:L¢,_~_/~ Arlicle I. ~ of Chapter 19, ~G~tB~AJL~ of the Code of the City of Roanoke (1979), as amended, to eliminate the fifty dollar issuance fee and levy only the license tax when the total gross receipts of a business ars more than $100,000, effective January 1, t998, having previously bccn before the Council for its first reading on Wednesday, October 22, 1997, read and adopted on its first reading and laid over, wes again before the body, Mr. Harris offering the following for its second reading and final adoption: (#33625-110397) AN ORDINANCE amending §t9-1.1, Intent of this chaDtor: lew and DurDose of tax: exceotion to issuance fee, A~cle I. In General. of Chapter 19, ~ of the Code of the City of Roanoke (1979), as amended, to eliminate the fifty dollar issuance fee and levy only the license tax when the total gross receipts of a business ars more than $100,000; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 60, page 243.) ACTION: Mr. Harris moved the adoption of Ordinance No. 33625-110397. The motion was seconded by Mr. Parrott and adopted by the following vote: 526 ACTION: AYES: Council Membere White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: None 0. STREETS AND ALLEYS: Ordinance No. 33633 permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described as that portion of Brunswick Avenue, S. W., connecting the 2000 block of Windsor Avenue, S. W., to an alley, as the same extends between parcels bearing Official Tax Nee. 1440523 and 1440601, having previously been before the Council for its first reading on Wednesday, October 22, 1997, 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: (#33633-110397) 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. 60, page 245.) Mr. Harris moved the adoption of Ordinance No. 33633-t 10397. 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. STREETS AND ALLEYS: Ordinance No. 33634 permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, described as follows: from a point located at the intersection of 13th Street and Edmund Avenue (an undeveloped street) and proceeding in a northeastern manner for approximately 730 feet to the intersection of Edmund Avenue and Light Street (another undeveloped street), then proceeding in a southeastern manner for approximately 300 feet to the intersection of Light Street and the existing Baldwin Avenue; and from a point located at the intersection of Baldwin Avenue and said alley, which runs parallel to Edmund Avenue, and proceeding in a northeastern manner for approximately 527 630 feet to the intersection of Light Street (an undeveloped street), having previously been before the Council for its first reading on Wednesday, October 22, 1997, read and adopt~l on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: (~33634-110397) AN ORDINANCE peii~anentiy vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 60, page 247.) ACTION: Mr. Harris moved the adoption of Ordinance No. 33634-110397. 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. ZONING: Ordinance No. 33635 amending ceriai.n conditions I binding certain property previously conditionally zoned presently upon CN, Neighborhood Commercial District, located at 701 Salem Avenue, S. W., and designated as Official Tax No. 1111118, which property was previously conditionally rezoned pursuant to Ordinance No. 32953- 060396, adopted June 3, 1996, having previously been before the Council for its first reading on Wednesday, October 22, 1997, 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: (~33635-110397) AN ORDINANCE to amend ~36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 111, 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. 60, page 249.) 528 ACTION: ACTION: Mr. Harris moved the adoption of Ordinance No. 33635-110397. 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: Nono 0. COMMITTEES-INDUSTRIES: Mr. Trout offered the following resolution reappointing William L. Bova as a Director of the Industrial Development Authority of the City of Roanoke, to fill a four-year term on its Board of Directors, ending October 20, 2001: (#33644-110397) 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. 60, page 256.) Mr. Trout moved the adoption of Resolution No. 33644-110397. 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 7. NAYS: None 0. MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: HOUSING/AUTHORITY-NEIGHBORHOOD ORGANIZATIONS: Council Member Swain referred to a communication from the City Manager in regard to organizing a group of citizens to address problems in the inner-city neighborhoods. He also referred to an unidentified citizen who seeks assistance in connection with infrastructure needs in her neighborhood and advised that he would provide the individual's name to the City Manager for appropriate response. I 529 OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. I At 3:40 p.m., the Mayor declared tho 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, ACTION: COUNCIL: W'~h respect to the Executive Session just concluded, Mr. Swain moved that each Member of City Council certify to the best of hie 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 White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: None ..0. COMMITTEES-BLUE RIDGE COMMUNITY SERVICES: The Mayor advised that there is a vacancy on the Blue Ridge Community Services Board of Directors created by the resignation of Michael A. Grant, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Robert Williams, Jr. There being no f~,tlter nominations, Mr. Williams was elected ss a member of the Blue Ridge Community Services Board of Directors, for s term ending December 31, 1999, by the following vote: ACTION: FOR MR. WILLIAMS: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .L 7. 530 There being no further business, the Mayor declared the meeting adjourned at 4:40 p.m. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 531 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL November 17, 1997 12:15 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday,~November 17, 1997, at 12:15 p.m., the regular meeting hour, with Mayor David A. Bowere presiding, pureuant to Rule 1, ~,~ of Section 2-15, ~ Cede of the City of Roanoke (1979), as amended. PRESENT: Council Membere Linda 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 Om OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; William X Parsons, Aesistent City Attorney; James D. GHeso, Director of Finance; and Mary F. Parker, City Clerk. JEFFERSON CENTER- CONSULTANTS REPORTS: John R. Marlles, Chief, Planning and Community Development, advised that several years ago, The Jefferson Center Foundation Board of Directors approached the City with a two-fold problem; viz: (1) the Jefferson Center had inadequate perking to support night-time activities, and (2) concerns expressed by petrons of the Jefferson Center who were being approached by transients living in nearby rooming houses. He stated that during this same period of time, there was considerable discussion with regard to locating adequate parking for municipel employees who work in the downtown area, and, following consideration of the matter, the City Manager recommended that the parking needs for the Jefferson Center Foundation be incorporated into an overall package that would help to address the day-time parking needs for municipal employees. He explained that on December 4, 1994, Council approved acquisition of property in the vicinity of the Jefferson Center and, to date, seven properties have been acquired for the purpose of providing a joint use parking facility in the area. He advised that esHier this year, concerns were expressed by nearby residents, Old Southwest, Inc., and several of the City's boards and commissions that demolition of structures in the area, especially property located at 502 Church Avenue, S. W., would have a detrimental impact, and, in response to these concerns, the City Manager appointed a ten member advisory committee to assist in the preparation of a long range master plan for the Jefferson Center area. He explained that the 532 advisory committee included representatives of the Jefferson Center Foundation, Downtown Roanoke, Inc., City Planning Commission, Architectural Review Board, Board of Zoning Appeals, City Engineer's Office, and the City Planning Depe,:.,enb He stated that the objectives of the master plan were to show how the City can make the best use of the public property in the project area for vehicular parking, to identify long term opportunities for new infill construction in the project area on both public and private property, and to provide cost estimates for short and long-term parking improvement. David Hill representing Hill Studio P.C. presented a briefing on Jefferson Center Area Master Plan recommendations. (See Jefferson Center Area Master Plan on file in the City Clerk's Office.) Specific recommendations include the following: Phasing of development for the anticipated future of Jefferson Center Performance Hall, changes in property ownership, and the possible development of the Cotton Mill as a residential/commercial block. * Exploration of lease options with adjacent owners. While the City cannot fund improvements to land it does not own, the Jefferson Center Foundation can. * City support for the future potential of adjacent properties: Cotton Mill block and parcels YMCA and parking areas Systems 4 5th Street corridor Residential in-fill at Old Southwest neighborhood Accommodations to protect and delineate the adjacent residential district. * Strsstecape improvements to enhance the pedestrian environment. * Expended use of on-street parking for off-hour uses. A building relocation strategy to solicit developer proposals to take possession of and relocate the existing residential properties on Luck Avenue and Church Avenue. 533 * Creation of a Parking Management Strategy to: Maximize use of existing parking resources Coordinate scheduling of special events Develop parking lot sharing for areas with complimentary needs Connect the dote with a people mover shuttle network Provide parking for t000 care, 30 nights per year in anticipation of the Jefferson Center Performance Hall. Mr. Hill reviewed the five phases of design and construction. (See pages 12 - 21 of the Master Plan). He advised that Phase I would consist of a construction budget of approximately $148,000.00 and Phase II would involve approximately $323,000.00. Council Member White and Vice-Mayor Wyatt requested that the City Manager review the issue of fairness relative to paid parking for evening activities at the Jefferson Center. The Mayor requested that the City Manager address the following matters: (1) Page 30 of the Master Plan is dated April 18, 1997 and Page 49 is dated May 5, t997. Why was there a delay in bringing the report to Council? (2) There are ten private residences in the area in question. The Mayor expressed opposition to addressing the houses on a piecemeal basis and would prefer that the City take the necessary steps to save the dwellings. (3) Representatives of the Cotton Mill should be contacted with regard to residential development in the area. At 12:55 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, November 17, 1997, 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. 534 PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., and Mayor III 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. The reconvened meeting 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. ACTS OF ACKNOWLEDGEMENT: The Mayor welcomed and presented photographs of the Roanoke Valley and logo lapel pins to Serhiy Bids, Yaroelava Biloatoteka, Zinaviy Guzar, Yuri Hrynchyshyn, and Natalia Kirtchiv, from Lviv,. Ukraine, participants in Legacy International, Community Connections. · 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 special meetings of Council held on Tuesday, July 15, 1997, Monday, July 28, 1997, and Tuesday, July 29, 1997, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) 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. Swain and adopted by the following vote: 535 ACTION: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None 0. ACTS OF ACKNOWLEDGEMENT-COUNCIL-COMMUNITY PLANNING: A communication from Mayor David A. Bowers advising that few men or women in the tt 3 years since the chartering of the City of Roanoke have made such a lasting and significant impact on the community as former Mayor Noel C. Taylor; and it is time to appropriately honor his distinctive and distinguished contribution to "The Star City", was before Council. Mayor Bowers recommended that the matter be referred to the City Planning Commission for review and recommendation as to an appropriate means of recognition for former Mayor Taylor; and requested that the citizens of the City of Roanoke express their thoughts about the accomplishments of Dr. Taylor and how the City might appropriately honor him. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the matter be referred to the City Planning Commission for review and recommendation. 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. ELECTIONS-BONDS-COUNCIL-CAPITAL IMPROVEMENTS PROGRAM: 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 and special election held in the City of Roanoke on November 4, 1997, was before Council. 536 "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, . ! at the November 4, 1997 General Election, for GOVERNOR Names of Candidates on Ballot Sue Harris DeBauche Donald S. Beyer, Jr. James S. "Jim" Gilmore III Total Write-In Votes (See Certification) Total Votes Received (In Figures) 598 11,857 11,628 5 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. I Given under our hands this 5th day of November, 1997. A copy teste: [ELECTORAL BOARD SEAL] ChaHee T. Green, Chairman Frances V. GaHand, Vice Chairman Gilbert E. Buffer, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board WRITE4NS CERTIFICATION Roanoke City Governor General Election November 4, 1997 Total Votes Received (in figures) 537 Write-Ins Invalid Write4ns Charlton Heston David Lystlund Betty Small Matt Womack We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify tha~,'wJth the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 5th day of November, t997. A copy tests: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secrstery Gilbert E. Butler, Jr., Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 4, t997 General Election, for: LIEUTENANT GOVERNOR Names of Candidates on Ballot Bradley E. Evans L.F. Payns, Jr. John H. Hager Total Votes Received (in figures) 1,075 12,683 9,518 Total Write-in Votes [see certification] 1 538 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of ~e election held on November 4, 1997, do hereby certify that the above ,s a true and J correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board WRITE-INS CERTIFICATION Roanoke City Lieutenant Governor General Election November 4, 1997 Write-Ins Total Votes Received (in figures) Invalid Write-Ins Matt Womack 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 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. 539 A copy teste: [Electoral Board Sear] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Buffer, Jr., Secretary Gilbert E. Buffer, Jr., Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 4, 1997 General Election, for: ATTORNEY GENERAL Names of Candidates on Ballot Total Votes Received (in figures) William D. "Bill" Dolan III Mark L. Earley 0,991 1,883 Total Writa-ln Votes [see cerfificaffon] 4 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy taste: [Electoral Board Sear] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Buffer, Jr., Secretary Gilbert E. Buffer, Jr., Secretary, Electoral Board 540 WRITE-INS CERTIFICATION Roanoke City Attomey General General Election November 4, 1997 Total Votes Received (in figures) Write-Ins Michael D. Craighead Chris Shepard Matt Womack John Paul Woodley, Jr. We, the undersigned Electorsl Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast st said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy tteste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Buffer, Jr., Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 4, 1997 General Election, for: 541 MEMBER HOUSE OF DELEGATES 16th District Names of Candidates on Ballot Total Votes Received (in figures) Clifton A. "Chip" Woodrum Total 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 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy tests: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secrctery, Electoral Board WRITE-INS CERTIFICATION Roanoke City House of Delegates Member 16th District Write-ins General Election November 4, 1997 Total Votes Received (in figures) Invalid Write-Ins 1 Susan Small I 542 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, t997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy tests: [Electoral Board Seal] Charles T. Green, Chairman Frances V. 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 4, 1997 General Election, for: MEMBER HOUSE OF DELEGATES 17th District Names of Candidates on Ballot Total Votes Received (in figures) A. Victor "Vic" Thomas 7,920 Total Write-In Votes [see certification] We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. 543 Given under our hands this 5th day of November, 1997. A copy taste: [Electoral Board Seal] Charles T. Green, Chairman France~ V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board WRITE-INS CERTIFICATION Roanoke City House of Delegatas Member 17th District General Election November 4, 1997 Writs-Ins Total Votas Received (in figures) Curt Woods I We, the undersigned Electoral Board, upon examination of the official records depositad with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the continuation pages indicatad, the above is a true and correct certification of the writs-in votas cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy taste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board 544 ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 4, 1997 General Election, for: COMMONWEALTH'S ATTORNEY Names of Candidates on Ballot Donald S. Caldwell Total Write-in Votes [see certification] Total Votes Received (in figures) t8,222 3 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. '* Given under our hands this 5th day of November, 1997. A copy taste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board WRITE-INS CERTIFICATION Roanoke City Commonwealth's Attorney General Election November 4, t997 Write-ins Total Votes Received (in figures) Invalid Write-ins G. David Nixon 1 1 545 Matt Womsck 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 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 5th day of November, t997. A copy tests: [Electoral Board Seal] Charles T. Green, Chairman Frances V. 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 4, t997 General Election, for: SHERIFF Names of Candidates on Ballot Total Votes Received (in figures) George M. McMillan 16,749 Total Write-In Votes [see certification) 3 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. 546 A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board WRITE-INS CERTIFICATION Roanoke City Sheriff General Election November 4, 1997 Writa-lns Total Votes Received (in figures) Invalid Write-Ins 1 Jim Phillips 1 M. Womack I We, Ute unders!gned Electoral Board, upo.n, exa. mination of the official records deposited with the Clerk of the Circu,t C.o. urt of the election held on November 4, t997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butier, Jr., Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at Ute November 4, 1997 General Election, for: 547 COMMISSIONER OF REVENUE Names of Candidates on Ballot Total Votes Received (in figures) Sherman A. Holland Guy W. Byrd, Jr. 11,71t 10,721 Total Write4n Votes [see certification] 3 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy testa: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garlat~d, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secrata~y, Electoral Board WRITE-INS CERTIFICATION Roanoke City Commissioner of the Revenue General Election November 4, 1997 Writa4ns Total Votes Received (in figures) Invalid Write-Ins Marsha Compton Fielder Matt Womack 548 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said elecffon for the office indicated above. Given under our hands this 5th day of November, t997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Buffer, Jr., Secretary Gilbert E. Buffer, Jr., Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 4, 1997 General Elecffon, for: TREASURER i Names of Candidates on Ballot Total Votes Received (in figures) David C. Anderson 18,234 Total Write-In Votes [see certification] 3 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abet~act of Votes cast at said election for the office indicated above. Given under our hands this 5th day of November*, 1997. A copy teste: 549 [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board WRITE-INS CERTIFICATION Roanoke City Traasurar General Election November 4, t997 Write-Ins Total Votes Received (in figures) Invalid Write4ns 1 Sam Darby 1 Matt Womack I We, the undersigned Electoral Board, upon examination of the offcial records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butier~..Jr., Secretary Gilbert E. Buffer, Jr., Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 4, 1 997 Special Election, for: BOND ELECTION QUESTION: Shall Ordinance No. 334974)72197, adopted by the Council of the City of Roanoke on July 21, 1997, entitled: "'AN ORDINANCE authorizing the issuance of Thirty-Nine Million Thirty Thousand Dollars ($39,030,000) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke of needed permanent public improvements of and to public bridges, public buildings, economic development, parks, public schools, storm drains, streets and sidewalks, and acquisition of real property for the foregoing; and providing for an emergency.", be approved? Total Votes Received (in figures) Yes 16,778 No 4,64t We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the question or proposition set forth above. Given under our hands this 5th day of November, 1997. A copy testa: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Buffer, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 4, 1997 Special Election, for: OFFTRACK PARI-MUTUEL WAGERING 551 QUESTION: Shell pari-mutuel wagering be permitted in the City of Rcanoke et eetellite facilities in accordance with Chapter 29 (§59.1-364, et seq.) of Title 59.t of the Code of Virginia? Total Votes Received (in figures) YES 9,044 NO t2,371 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the question or proposition set forth above. Given under our hends this 5th day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Buffer, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 4, 1997 Special Election, for: 552 ACTION: PROPOSED CHARTER AMENDMENT QUESTION: Shall the Roanoke City Charter of 1952, as amended, be amended effective January 1, 2000, to provide for a seven member City Council consisting of a Mayor and Vice-Mayor separately elected at large and five (5) Council members who shall each be elected from and be a qualified voter in an election district eeteblished by Council with one Council member from each district? Total Votes Received (in figures) Yes 9,527 No 11,478 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the question or proposition set forth above. Given under our hands this 5th day of November, t997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Buffer, Jr., Secretary, Electoral Board" Mr. White moved that the communicaffon and Abstract of Votes 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. 553 ACTION: ACTION: COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Richard S. Winstead tendering his resignation as a member of the Roanoke Neighborhood Partnership Steering Committee, effective immediately, wes 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. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Members INyett, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: Non= 0. BLUE RIDGE COMMUNITY SERVICES-OATHS OF OFFICE- COMMITTEES: A report of qualification of Robert Williams, Jr., as a member of the Blue Ridge Community Services Board of Directors for a term ending December 31, 1999, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mr. White moved t~at the report of qualification 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. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: BUDGET-GRANTS-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. 554 ACTION: Grant No. 6971 -$10,771.00 for the Impact Aid Program to provide funds for operation of the Homework Helpline for the 1997-98 school year, which continuing program has received Federal funds. $3,850,000.00 in front funding from the Capital Bond issue approved by referendum on November 4, 1997, for the balance of renovation costa for Woodrow Wilson Middle School and a change order contingency for middle school renovations. $300,000.00 in front funding from the Capital Bond issue approved by referendum on November 4, 1997, for asbestos abatement in middle school renovations. $500,000.00 in front funding from the Capital Bond issue approved by referendum on November 4, 1997, for design plans and surveys for Addison Middle School renovation. 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.) Mr. Parrott offered the following emergency budget ordinance: (#33645-111797) AN ORDINANCE to amend and reordain certain sections of the 1997-98 School and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 259.) Mr. Parrott moved the adoption of Ordinance No. 33645-111797. The motion was seconded by Mr. Harris and adopted by the following vote: i AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers. 7. NAYS: None-. 555 ACTION: Mr. Parrott offered the following resolution: (#33646-111797) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of a tax exempt financing for certain expenditures to be made in connection with the construction, renovation and/or equipping of certain cepitsl improvements. (For full text of Resolution, see Resolution Book No. 60, page 260.) Mr. Parrott moved the adoption of Resolution No. 33646-111797. The motion wes seconded by Mr. Harris and adoptsd by the following vote: ACTION: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None. 0. Mr. Parrott offered the following resolution: (#33647-111797) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of a tax exempt financing for certain expenditures to be made in connectionwith the construction, renovation and/or equipping or certain capital improvements. (For full text of Reeolution, see Resolution Book No. 60, page 261.) Mr. Parrott moved the adoption of Rssoiution No. 33647-11t 797. 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. PARKS AND RECREATION-ROANOKE ARTS COMMISSION-ART ACQUISITION-SISTER CITIES: A communication from Council Member C. Nelson Harris advising that in his capacity as Council's Liaison to the Roanoke Arts Commission, he has become acquainted with the Intsmational Sculpture Garden developed by the Sister Cities organization; the project received conceptual approval from Council 556 ACTION: in January 1996; and the artists, Arts Commission and Sister Cities 0 .rg..anizafion ara now raady for. final approval, w. hich is necessary for initiation of fundraiaing and a,te praparation, was befora the body. (For full text, see communication on file in the City Clark's Office.) Mr. Harris moved that the International Sculptura Garden, developed by Roanoke Sister Cities, be approved, with its location in Mill Mountain Park at the sits oufiined in the Master Plan developed by David Hill, PC. The motion was seconded by Ms. Wyatt. The Mayor advised that 13 parsons had registered to speak and raqussted that ramarks be limited to three minutes par speaker. Ms. Mary C. Pickett, 3804 Brandon Avenue, S. W., Apartment 48, advised that thera has been a feeling of frustration for some time due to a lack of communication between differant segments of the community, thus leading to frustration by City Council, the Roanoke Arts Commission, the Mill Mountain Advisory Committee, and the Sister Cities Committee. She exprassed appraciation to Council Member Harris for his willingness to move the matter forward and asked that Council vote on the issue today. * Ms. Shirley Kotheimer, 5914 Janda Drive, S. W., Vice-Chair, Sister Cities Committee, advised that the City of Roanoke is known in the international sister city organization for the scope and quality of its sister city programs, and the intemational sculpture garden is symbolic of Roanoke's raputation internationally. She stated that Mill Mountain ia unique because very few cities have a mountain in their midst with a man-made star, and the proposed sculptura garden will be another step toward making Roanoke the Star City of the South. Ms. Ruby Smith, 2530 Nottingham Road, S. E., spoke in support of every city across America developing its own special spot, away from the hub, noise and confusion of the City, whera citizens may congregate for a few minutes of peace, raflection, ralaxation, and communion with God and their fellowman. She stated that Roanoke has a unique opportunity to provide such a place, and the proposed international sculptura garden will provide a location that citizens will ramember, treasura and value. 557 Mr. David Curds, 3536 Rosewood Avenue, S. W., Member of the Mill Mountain Sculpture Project Subcommittee and Selection Subcommittee, reviewed the work of the subcommittee which led to its final recommendations. He advised that the subcommittee offered a recommendation on what it considered to be the best selection of sculpture, and it is Council's decision to either approve or reject the proposal. Ms. Virginia Lane, 61 McDivitt Road, Salem, Virginia, spoke on behalf of the proposed artwork. She stated that having sewed in the United States Peace Corp for a number of years, she fully understands the meaning of brotherhood and world peace, and American citizens cannot do enough to be good neighbors to foreign countries. She recommended that the proposed international sculpture be placed on Mill Mountain. Ms. Kathleen Lunsford, 2305 Carter Road, S. W., President of the Arts Council of the Blue Ridge, advised that the Board of Directors voted in support of the sculpture project and recommends the inclusion of public art in general in the Roanoke Valley. She stated that many citizens in the Roanoke community have expressed support of the proposed sculpture garden on Mill Mountain. She advised that I as an artist, she understands the complex process involved in developing a piece of work for a specific site and, as a community, Roanoke cannot, in good faith, suggest to the artists that the sculpture be moved to another sits. She urged that Council concur in the recommendation of the Roanoke Arts Commission and approve the placement of the international sculpture garden on Mill Mountain as recommended by the Roanoke Arts Commission and the Sister Cities Committee. Dr. Rupert Cutler, 2865 South Jefferson Street, advised that art, outdoor recreation and environmental protection.are important to the American way of life and an opportunity exists to provide all three on Mill Mountain. He stated that he supports efforts to provide outdoor art, including that being proposed to honor the Sister Cities Program on Mill Mountain. On behalf of the Westem Virginia Land Trust, consisting of approximately 200 members, he spoke in support of the David Hill plan for improvements to the facility atop Mill Mountain, including the proposed sister city sculpted columns. He advised that the main concern of the Wsstem Virginia Land Trust is the protection of most of Mill Mountain in its present undeveloped condition and in 558 order to assure that protection in perpetuity, he will recommend to the Mill ..Mountain Advisory Committee that the City e.x. ecute a j~ conservation easement designed to achieve that objective. He requested that the City move forward as expeditiously as possible with the sister city sculpture garden on Mill Mountain. Mr. W. Conrad Stone, 419 Lake DHve, S. W., advised that J. B. Fishbum, the donor of the land for Mill Mountain Park, would be in favor of the City placing the international sculpture garden on Mill Mountain. He stated that the sculpture garden will provide the citizens of the City of Roanoke, and especially the children, with an opportunity to observe the cultures of other countries, while encouraging peace and goodwill among other nations. Brooke Dickson, Chair, Roanoke Arts Commission, 523 Highland Avenue, S. W., pointed out that the Roanoke Arts Commission was appointed in 1983 to advise and assist the Council on matters relating to the advancement of arts within Roanoke City. She stated that the Arts Commission collaborated with the Sister Cities Committee to appoint a Citizens Sculpture Subcommittee with representatives from the Roanoke Arts Commission, Mill Mountain Advis.o. ry Committee, Mill Mountain Zoo, the Wildflower Group, Valley Beautiful, Roanoke City Parks and Recreation, Hill Studio, PC, and the Sister Cities Committee. She further stated that the concept was and remains for the sculpture and its installation to be paid for by donations and fundraising from the private sector with no expectation of City funding. She added that approximately two years ago, the Mill Mountain Advisory Committee voted in favor of the project and recommended that Council also approve the concept; the City Manager and the Roanoke Arts Commission concurred in the recommendation and, on January 16, 1996, Council voted to approve the placement of a sculpture in Mill Mountain Park. She advised that in January 1997, the winning entry was announced and submitted by Roanoke artist Mimi Babe Harris and Snow Creek, Virginia, artist Donna Essig. She stated that the sculpture is artistically excellent and expresses the theme of international friendship in a way that can be clearly understood by young and old alike. She advised that it has been four years since the sculpture project was initiated and two years since Council gave its approval, and the Mill Mountain Advisory Committee has had since January 1997 to submit its recommendation. She stated that it is the mandate of the Roanoke Arts Commission to advise Council on the design and location of works of art, it is not the 559 purview of the Mill Mountain Advisory Committee, nor is it the responsibility of the Mill Mountain Advisory Committee to instruct the Parks and Recreation Department to recommend other sites. She advised that the sculpture was designed for Mill Mountain; therefore, it is the recommendation of the Roanoke Arts Commission that Council accept the HarTis-Eesig proposal as presented and allow the Sister Cities Sculpture Committee tx) proceed with the necessary fundraising. Mr. Michael Slenaki, 3452 Overtook Drive, S. W., spoke in support of the proposed international sculpture garden on Mill Mountain. He explained that the sculpture is important to provide a strong economic force and to promote tourism by demonstrating the partnership that exists between Polish citizens and Polish-American citizens who are also citizens of the City of Roanoke. Ma. Hildegard Kirk, 2933 Rosalind Avenue, S. W., President of the Opinion Society of the Arts and Sciences, spoke in support of the international sculpture garden. She advised that the Opinion Society is most impressed with the design of the sculpture because it is aesthetically pleasing and is a beautiful representation of international friendship and understanding. She stated that the sculpture garden on Mill Mountain will be a reminder of the importance of international unity and provide a work of ar~ in harmony with the natural environment. .~ Mr. David K. Lisk, 909 Carrington Avenue, S. W., Executive Director, Roanoke Valley Sister Cities, advised that the Sister Cities Committee is concerned that the issue reach a conclusion. He stated that representatives of Roanoke's Sister Cities throughout seven countries have seen photographs of the proposed international sculpture garden and they are looking forward to its approval and location on Mill Mountain. He called attention to the commitment to the Sister Cities program by Roanoke's Sister Cities, and advised that a $17,000.00 pavilion is under construction in Wonju, Korea, in the Roanoke Festival Park, and a new museum has been constructed at the Wonju YMCA building, which demonstrates the commitment by Wonju to the City of Roanoke and to the sister city relationship. He asked that Council vote on the issue today. 560 Ms. Virginia Barrett, 1825 Trinity Road, Troutville, Virginia, representing the Board of Directors of the Roanoke Arts Council, advised that the proposed sculpture garden in no way restricts the use of Mill Mountain for any person who would like to use Mill Mountain in a different way. She stated that it Would he hoped that no person would feel threatened by someone sitting on a bench, under a l~ee, enjoying the sculpture in the manner that it was intended to be enjoyed. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., spoke neither in support of or in opposition to the international sculpture garden; however, she raised a question about the procedure and the significance of advisory committees. She inquired as follows: if a Council Member becomes frustrated about any issue, can the issue be wrested from the designated committee, or from the Council table for consideration, and, if so, what are the rules of procedure. She fu~her inquired about the rules of procedure that citizens are expected to follow if they become frustrated by the inaction of City staff or City Council. She asked that Council issue rules regarding what can and what cannot come before the Council for a vote. She referred to a recent newspaper article which stated that City staff will meet with the citizens of Roanoke and request comments and suggestions on how to improve the City. She asked how the City expects to involve more people in the workings of City Government, if, when citizens have questions and comments, City Council makes a decision without following established rules of procedure. Council Member Trout, Member of the Mill Mountain Advisory Committee, requested that Council afford the Mill Mountain Advisory Committee the opportunity to bring its recommendations to Council for consideration. Question was raised as to when the Mill Mountain Advisory Committee will submit its recommendations to Council; whereupon, Mr. Trout advised that the Committee will meet on Thursday, November 20, 1997, and a report will be submitted to Council at its meeting on Monday, December 15, 1997, at 7:00 p.m. Following further discussion of the matter, the motion offered by Council Member Harris, seconded by Vice-Mayor Wyatt, was defeated by the following vote: ACTION: AYES: Council Members Harris, Wyatt and Mayor Bowers--3. NAYS: Council Members Parrott, Swain, Trout and White---4. ZONING: The Mayor called attention to a public hearing which was previously advertised for the 7:00 p.m., session of the Council on the request of ManorCare Health Services, Inc., and Roanoke Lodge No. 197, Benevolent end Protective Order of Elks of the United States of America, that a tract of land containing 3.628-acres, more or lese, located at 1147 Pereinger Road, S. W., being · portion of Official Tax No. 1260214, be rezoned from RS-3, Residential Single Family District, to RM-2, Residential Multifamily, Medium Density District, subject to certain conditions proffered by the petitioners. He advised that Mary Ellen Goodlatte, Attorney, representing the pethioners, has requested that the matter be continued until the regular meeting of Council on Monday, December 15, 1997, at 7:00 p.m., in the City Council Chamber. - Mr. Parrott moved that the public hearing on the abovedescribed request for rezoning be continued until the regular meeting of Council on Monday, December 15, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber. The motion was seconded by Mr. Swain and unanimously adopted. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDEDFORACTION: GRANTS-BUSINESS INCUBATORS-ECONOMIC DEVELOPMENT: The City Manager submittq~J a written report advising that the Roanoke Regional Chamber of Commerce requested funding assistance for the Small Business incubator (Incubator) in response to the Community Development Block Grant (CDBG) request for proposals issued by the City in January 1995; an Incubator is a building which rents space and offers shared services to reduce the financial burdens on, and increase the potential for success of, start-up and developing businesses; Council originally authorized 561 ACTION: $60,000.00 in CDBG funding for the Incubator aa part of the Consolidated Plan approved for submission to the U. S. Department of Housing and Urban Development on May 8, 1995, pursuant to Resolution No. 32476-050895; and Amendment No. 1 to the Agreement between the City and the Roanoke Regional Chamber of Commerce provided $30,000.00 additional Community Development Block Grant funding and redesignated the Blue Ridge Small Business Development Center, Inc., as the Subgrantss. It was further advised that Council authorized $45,000.00 in additional CDBG funding for the Small Business Incubator as part of the 1997198 Annual Update to the Consolidated Plan approved for submission to the U. S. Department of Housi.n.g and Urban Development on May 12, 1997, pursuant to Resolution No. 33402. 051297; and an amendment to the existing agreement is needed to extend the period of the agreement and to add the additional $45,000.00 funding. The City Manager recommended that he, or the Assistant City Manager, be authorized to execute Amendment No. 2 to the Community Development Block Grant Subgrant Agreement with the Blue Ridge Small Business Development Center, Inc., said agreement to be approved as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (ff33648-111797) A RESOLUTION authorizing execution of Amendment No. 2 to a Subgrsnt Agreement between the City and the Blue Ridge Small Business Development Center, Inc., for a Small Business Incubator, dated November 1, 1995, for funding of the Small Business Incubator program. (For full text of Resolution, see Resolution Book No. 60, page 263.) Mr. Trout moved the adoption of Resolution No. 33648-111797. 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: Nono O. EMERGENCY SERVICES-EQUIPMENT-CMERP: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need to replace two ambulances used in Emergency Medical Services; and bid specifications wars developed and one bid was received from Wheel Coach Industries, Inc., which meets all required specifications, at a cost of $60,881.00 per unit. The City Manager recommended that Council authorize the purchase of two new ambulances from Wheel Coach Industries, Inc., at a total cost of $121,762.00. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33649-111797) A RESOLUTION accepting the bid of Wheel Coach Industries, Inc., for the purchase of two new ambulances, upon certain terms and conditions; and rejecting all other bids made for such items. 563 ACTION: (For full text of Resolution, see Resolution Book No. 60, page 263.) Mr. Trout moved the adoption of Resolution No. 33649-111797. 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. BUDGET-POLICE DEPARTMENT-TRAFFIC°GRANTS- TRANSPORTATION SAFETY: The City Manager submitted a written report advising that the State Transportation Safety Board awards State grants to dist~icte throughout Virginia for the enhancement of selective DUI enforcement efforts, and the Board awarded $10,000.00 ACTION: to the City of Roanoke during fiscal year 1996-97 to be used for this purpose; application for a grant to be renewed for the City is based on the necessity to continue to raise DUI arrests to a level that will positively impact the total number of alcohol-related crashes and fatalilJes; and on October 1, 1997, the State Transportation Safety Board approved the City's application for grant continuation from October 1, 1997 to September 30, 1998, in the amount of $10,000.00. The City Manager recommended that Council concur in the following actions: Accept the grant from the State Transportation Safety Board and authorize the City Manager to execute, on behalf of the City, any grant agreement or other documentation required by the State Transportation Safety Board; and Appropriate $10,000.00 of selective DUI enforcement grant funds to revenue and expenditure accounts to be established by the Director of Finance in the Grant Fund. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency, budget ordinance: (#33650-t t t797) AN ORDINANCE to amend and reordain Certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 264.) Mr. Trout moved the adoption of Ordinance No. 33650-111797. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, Wttite and Mayor Bowers. 7. NAYS: None . . 0. Mr. Trout offered the following resolution: 565 ACTION: (#33651-111797) A RESOLUTION accepting a certain Driving Under the Influence Enforcement Grant offer made to the City by the Commonwealth of Virginia's Transportation Safety Board and authorizing execution of any required documentation on behalf of the city. (For full text of Resolution, see Resolution Book No. 60, page 265.) Mr. Trout moved the adoption of Resolution No. 33651-111797. 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: Nono BONDS/BOND ISSUES-CAPITAL IMPROVEMENTS PROGRAM- SCHOOLS: The City Manager and the Director of Finance submitted a joint written report advising that the citizens of Roanoke approved the $39,030,000.00 General Obligation Public Improvement Bond Issue on November 4, 1997; and on May 5, 1997, Council adopt~cl a resolution authorizing the Director of Finance and the City Manager to execute a refunding bond issue for a portion of the 1988, 1992A and 1992B General Obligation Bonds not to exceed $50 million, a true interest coat not to exc.-¢d eight per cent or redemption premium not to exceed three per cent. It was further advised that the present tax-exempt interest rates would provide the City approximately $1,580,000.00 interest cost savings over the remaining life of the 1988, 1992A and 1992B outstanding General Obligation Bonds if they were refunded; in order to provide bond funds to initiate some of the capital projects approved in the recent referendum, it would be cost beneficial to include that portion of the new bond issue with the refunding bond issue; whereupon, the City Manager and Director of Finance recommended that $13,010,000.00 of the $39,030,000.00 bond issue be issued in the following categories: Bridgss Buildings Economic Development Parks Schools Storm Drains Streets and Sidewalks Total $ 750,000.00 4,000,000.00 1,000,000.00 1,000,000.00 4,541,000.00 1,000,000.00 719.000.00 The City Manager and the Director of Finance explained that a request for public bids is planned on approximately $42,500,000.00 of refunding bonds and $13,010,000.00 of the new issue, for a total bond issue of approximately $$5,010,000.00 on December 17, 1997; it is proposed that the City use the same procedure that was used in obtaining bids on the 1996 bond issue; using that procedure, bids will be delivered to Craigie's Richmond office and Craigie, with oversight of certain City representatives, would open and compute the overall interest rats on the bids for purchase of the bonds; Craigie would then review the bids with City representatives and recommend acceptance of the lowest bid; and City representatives would accept the lowest bid with a follow-up communication to Council summarizing the bids and acceptance of the bid with the lowest interest amount. The City Manager and the Director of Finance recommended that Council adopt an ordinance authorizing the issuance of $13,0t0,000.00 of the new General Obligation Bonds and 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. The City Attorney submitted s written report transmitting an ordinance authorizing the issuance and sale of $13,010,000.00 of the bonds approved by the voters at the referendum which was held on Tuesday, November 4, t997, to be designated as, "City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1997A", to be sold together with the not to'exceed $50 million principal amount of refunding bonds authorized for issuance pursuant to Resolution No. 333734)50597, adopted May 5, t997, such refunding bonds to be designated as, "City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds, Series 1997B. (For full text, see reports on file in the City Clerk's Office.) :! 567 Mr. Trout offered the following emergency ordinance: (#33652-111797) AN ORDINANCE authorizing the sale of thirteen million ten thousand dollars ($13,010,000) principal amount of City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1997A, and not to exceed fifty million dollars ($50,000,000) principal amount of City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1997B, as part of a combined issue of not to exceed sixty-three million ten thousand dollars ($63,0t0,000) aggregate principal amount of general obligation bonds of the City of Roanoke, Virginia; fixing the form, 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 thereof; 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. 60, page 266.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33652-111797. The motion wes seconded by Mr. Harris and adopted by the following vota: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None ~ 0. DIRECTOR OF FINANCE: AUDITS/FINANCIAL REPORTS-PENSIONS: A report of the Director of Finance transmitting the audited fiscal year 1997 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 wes reported on August 4, 1997, remains unchanged; and the audited balance wes allocated between the City and School administrations, in the amounts of $4,253,789.00 and $1,877,074.00, respectively, to provide capital equipment and maintenance funding. ACTION: (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. BUDGET-TRAFFIC-BONDS/BOND ISSUES-STATE HIGHWAYS- VALLEY VIEIN MALI.-SCHOOLS: The Director of Finance submitted a written report advising that on July 21, 1997, Council authorized the City Manager to execute an agreement with the Roanoke City School Board related to properties needed for road construction at Valley View Mall; in order to certify funds available for the contract, the City elected to appropriate unencumbered economic development funds; the November 4, 1997 bond referendum included under the School category $1,350,000.00 for Huff Lane School improvements; and funding for this project should be adjusted to reflect the proper aource, It was explained that Internal Revenue Service regulations require that the City adopt a resolution indicating its intent to reimburse itself the amount of $t ,350,000.00 upon issuance of the 1998 bonds. The Director of Finance recommended that Council approve the following actions: Deappropriata funding by $t.35 million in the Capital Projects Fund Account No. 008-060-6089-9003, Huff Lane School Improvements; Appropriate 1998 General Obligation Public Improvement Bonds, in the amount of $1.35 million from the Capital Projects Fund Account No. 008-052-9706-9182, Public Improvement Bonds - Series 1998 - Schools, to the Capital Projects Fund Account No. 008-060-6089-9001, Huff Lane School Improvements; and Adopt a resolution indicating the City's intent to reimburse itself $1.35 million upon issuance of the 1998 bonds. (For full text, see report on file in the City Clerk's Office.) 569 Mr. Trout offered the following emergency budget ordinance: (#33653-111797) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 279.) Mr. Trout moved the adoption of Ordinance No. 33653-111797. The motion wee seconded by Mr. Swain and adopt~i by the following vote: ACTION: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None Mr. Trout offered the following resolution:. (#33654-111797) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of a tax exempt financing for certain expenditures to be made in connection with the construction, renovation and/or equipping of certain capital improvements. (For full text of Resolution, see Resolution Book No. 60, page 281.) Mr.' Trout moved the adoption of Resolution No. 33654-111797. 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 . REPORTS OF COMMITTEES: BUDGET-FIRE DEPARTMENT-CITY EMPLOYEES-PENSIONS: F. Wiley Hubbell, Chairperson, and James D. Grisso, Secretary- Treasurer, Board of Trustees, City of Roanoke Pension Plan, 57O submitted a joint whiten report advising that on August 4, 1997, Council referred to the Board of Trustees of the City of Roanoke Pension Plan a request to review pension benefits for members of the Pension Plan, viz: Increase the multiplier rate from the present 2.0 per cent to 2.3 per cent for all employees over the next three years with a maximum of 70 per cent of final average selar/; Change spousal options - unreduced 50 per cent survivor annuity to all City employees; and Reduction of normal retirement to 25 years of service for public safety employees and 30 years for general employees regardless of age with no penalty. The Board of Trustees recommended that Council refer the following recommendations to fiscal year 1998-99 budget study for consideration with other budget priorities of the City: Calculate the basic benefit by applying the Rule of 70 for public safety employees with a minimum age of 45, and the Rule of 80 for general employees with a minimum age of 50; Pay a monthly supplement (in an amount equal to that which the City supplements active employees' health insurance) to each future City retiree under the age of 65, with at least 20 years of service, to help defray the cost of health insurance, the benefit would cease upon retiree attaining age 65; and A period of time of one month to be available for members of the Employees' Retirement System to have the opportunity to transfer to the Employees' Supplemental Retirement System (May 15 - June t5, 1998). (For full text, see report on file in the City Clerk's Office.) 571 ACTION: Mr. Trout moved that the report be referred to 1998-99 budget study for consideration by Council. The motion was seconded by Mr. White. F. Wiley Hubbell, Chair, City of Roanoke Pension Plan, spoke in support of the recommendations contained in flue report. He advised Utet flue City's retirement fund is in sound financial condition. Richard B. Sarver, representing the Roanoke Firefightere Association, addressed Recommendation No. 1, viz: Calculate the basic benefit by applying flue Rule of 70 for public safety employees with a minimum age of 45, and the Rule of 80 for general employees with a minimum age of 50. He stated that the rule of 70 for public safety employees would benefit only those employees hired between the ages of 21 - 25 and the majority of fire personnel are hired after age 25. In regard to middle and upper management, he stated that these employees usually make career changes at age 30, and, at age 55, they have attained 25 years of service and are required to take a reduction of 30 per cent of their retirement benefits in order to retire, and submitted that flue rule of 70 and 80 will benefit these employees considerably too. re than public safety employees; however, h.e stressed the point that the Roanoke Firefightera Association is not against any recommendation that will help;ny City employee. He advised that the Roanoke Firefighters Association supports Recommendation No. 2 regarding the payment of a monthly supplement for all retirees equal to a City supplement for active employees to defray the cost of health insurance until age 65. He addressed the spousal option and requested that Council adopt a measure revising the actuarial table used to calculate flue reduction factor for electing a spousal benefit and instead of a nine per cent reduction for no age difference, approve a five per cent reduction for up to five years age difference. Vice-Mayor Wyatt referred to the school early retirement supplement which allows school employee to retire at age 50, or greater, so long as the employee has 17 years of service in flue Virginia Supplemental Retirement System, and, in exchange, the employee receives 20 per cent of his or her annual salary for a period of five years for performing some type of work as designated by flue school system for 20 days per year. She requested that the City study the feasibility of adopting such a program for Cit~ employees. 572 The motion was unanimously adopted. COUNCIL-LEGISLATION-SCHOOLS: Council Member William White, Sr., Chair, Legislative Committee, presented a written report on behalf of the Committee, advising that by report dated November 3, 1997, the Legislative Committee recommended the City portion of the proposed Legislative Program to Council, and, by motion, Council approved the City portion of the Program; the School Board portion was approved by the Roanoke City School Board at its meeting on November 11, 1997; and the legislative priorities of the School Board for the 1998 Session of the Virginia General Assembly are as follows: To improve the State's share of funding public education; To address inconsistencies in the State Board of Education's new Standards of Learning and Standards of Accreditation that penalize schools and children; To require the State Department of Taxation to properly record a Iocality's reported personal adjusted gross income; To maintain flexibility in the local taxes that may be assessed by Virginia localities in accordance with their fiscal needs; and To enhance funding of school capital outlay projects. The Legislative Committee recommended that Council adopt a resolution by which Council would formally endorse the City and School Board elements which will be merged into one joint Legislative Program. It was noted that the annual meeting with the City's representatives to the 1998 Virginia General Assembly has been scheduled for t2:00 noon on Monday, December 15, 1997; and the proposed Legislative Program includes the amendment requested by Council on November 3, 1997, with regard to the disposal of tires. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: 573 ACTION: (#33655-111797) A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 1998 Session of the General Assembly. (For full text of Resolution, see Resolution Book No. 60, page 282.) Mr. White moved the adoption of Resolution No. 33655-111797. The motion wes seconded by Mr. Parrott and adoptmJ by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None '- 0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CITY CODE-ANIMALS/INSECTS-LICENSES: Ordinance No. 33640 amending and reordaining ~6-40, ~ of the Code of the City of Roanoke (t979), as amended, to require licensing of dogs which are four months old or older and amending and reordaining subsection (a) of ~6-62, Vaccination of do0s and cate. of the Code of the City of Roanoke (1979), as amended, to require rabies vaccinations of any dog or cat which is four months old or older, having previously been before the Council for its first reading on Monday, November 3, t997, read and adopted on its first reading and laid over, wes again before the body, Mr. Trout offering the following for its second reading and final adoption: (#33640-111797) AN ORDINANCE amending and reordaining §6-40, ~tP_i_~_d, of the Code of the City of Roanoke (1979), as amended, to require licensing of dogs which are four months old or older and amending and reordaining subsection (a) of §6-62, Vaccination of do_es and ca~ of the Code of the City of Roanoke (1979), as amended, to require rabies vaccinations of any dog or cat which is four months old or older. (For full text of Ordinance, see Ordinance Book No. 60, page 257.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33640-111797. The motion wes seconded by Mr. Parrott and adopl~l by the following vote: ACTION: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers ........ 7. NAYS: Non~- EASEMENTS-HOUSING/AUTHORITY-UTILITIES.WATER RESOURCES: Ordinance No. 33643 authorizing the abandonment of the City's interest in a 15-foot wide public utility easement located on a lot at the northweet comer of Chumh Avenue and Williamson Road, S. E., and bearing Official Tax No. 4011413, owned by the Roanoke Redevelopment and Housing Authority, to enable the property owners to utilize this portion of their real estate, upon certain terms and conditions, and as more particularly set forth in a report dated November 3, 1997, from the Water Resources Committee, having previously bccn before the Council for its first reading on Monday, November 3, 1997, 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: (~/33643-111797) AN ORDINANCE authorizing the abandonment of a certain t5' wide public utility easement located on property owned by the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 258.) Mr. Trout moved the adoption of Ordinance No. 33643-1t1797. The mot]on was seconded by Mr. Harris and adopted by the following vota: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None.. 575 ACTION: ACTS OF ACKNOWLEDGEMENT-DECEASED PERSONS- SCHOOLS: Mr. Swain offered the following reeolution memorializing the late William R. Hackley, Sr., who sewed the Roanoke City School System for over 30 years: (#33656-111797) A RESOLUTION memorializing the late William R. Heckley, Sr. (For full text of Resolution, see Resolution Book No. 60, page 283.) Mr. Swain moved the adoption of Resolution No. 33656-111797. The motion was seconded by Mr. White and adopted by the following vote: ACTION: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None O. ACTS OF ACKNOWLEDGEMENT-DECEASED PERSONS- SCHOOLS: Mr. Swain offered the following resolution memorializing the late Andrew W. Hull, a teacher, bend director, and school administrator in the Roanoke City School System: (#33657-1t1797) A RESOLUTION me~ll~rializing the late Andrew W. Hull. (For full text of Resolution, see Resolution Book No. 60, page 2IN.) Mr. Swain moved the adoption of Resolution No. 33657-111797. 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. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: BUDGET-COUNCIL-VISION STATEMENT: The City Clerk .w. as instructed to confer with the Members of Council regarding tentative meetin..g, da.t~, in January and/or February for a status rs Counc,l's v,sioning/tssm building process, fin.ncia, plsPn~;,na~: Council technology enhancements. COMMITTEES-COMMUNITY PLANNING: Co.uncil Member Swain applauded efforts of the City Manager to o.rgan,ze a commi. ,,t~_. to address core community problems. He adv,sed that the term core community" should be defined in more detail, and inquired as to how ~nvl~Lge citizens who live in the core communities may provide their REFUSE COLLECTION-H .OUSINGIAUTHORITY.COMMUNiTY PLANNING: Council Member Swain referred to areas in the City that are in need of refuse removal, removal of junk cars, and removal of dilapidated.structurss, .and advised that he would provide the Ci~ Manager w,th specific 'nformation/Iocations following the Council meeting. PURCHASE/SALE OF PROPERTY-COMPLAINTS: Council Mem.be.r. Swain referre, d t.o a recent newspaper article in regard to acqu,si.on oT pro. pe .r~. ,n the Southem Hills neighborhood b a private developer ,n which it was -u-,*,-,~ .~.-- -,-- ~- · Y ~. ..... .~ ..,~u u,.~, u~ ueveloper I)aid the uu=[ pnce ne could for minority nron,,rtiss, u- comm--. :_u..__. ...... " ,'- .~,,..~awu mat me · . ~.L ,.uf~aws ma! mere might be a double stand=.. w~th citizens in the City of Roanoke, - ...... Co .B..O, ND.SIBO. ND. ISSUES-ACTS OF ACKNOWLEDGEMENT: uric, Member ,ams requested that the City Attorney be instructed to prepare the proper measure expressing appreciation to the Roano..ke Regional Chamber of Commerce and the Roanoke Central Council P.T.A., and any other appropriate organizations for their work in promoting the successful $39 million bond referendum which was approved by the voters of the City of Roanoke on Tuesday, November 4, 1997. ZONING: Council M..ember Harris advised that on Monday, September 22, 1997, Council tabled a request of Mr. Bobby Lee Willis that .a certain tract of land located at 1102 Centre Avenue, N. W.. _O.ffiClal Tax No. 2112311, be rezoned fr..om LM, Lig. ht Manufacturin~ District, to RS-3, Residential Single Family District, in order to resolve 577 certain issues; whereupon, Mr. Harris moved that the matter be taken from the table for continuation of the public hearing at the regular meeting of Council to be held on Monday, December 15, 1997, at 7:00 p.m., or aa soon thereafter as the matter may be heard. The motion was seconded by Mr. Swain and unanimously adopted. COMMITTEES-COMMUNITY PLANNING: Council Member Whito advised that due to personal reasons, The Reverend Cedric Malone who was appointed by Council on Monday, September 22, 1997, to serve on the City Planning Commission will be unable to fulfill his responsibilities, and inquired as to the procedure to declare the position vacant. It was the consensus of Council that the City Clerk will request a written resignation from Reverend Malone and that the vacancy will be assigned to Council Member White to recommend a replacement. OTHER HEARING OF CITIZENS UPON,PUBUC MA'n'ERS: None. At 5:20 p.m., the Mayor declared the meeting in recess until 7:00 On Monday, November 17, 1997, 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, Mayor Bowers presiding. PRESENT: Council Members Linda 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; 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 Mayer Bowers. ZONING: Council at ita regular meeting on Wednesday, October 22, 1997, having continued a public hearing on the request of Elizabeth W. McMichael and Daniel Lee Beamer for an amendment to proffered conditions presently binding on property located at 2219 Franklin Road, S. W., described as Official Tax No. 1150108 and a portion of Official Tax No. 1t 5011 t, previously conditionally rezoned pursuant to Ordinance No. 325744)72495, adopted on July 24, 1995, the matter was again before the body. Legal advertisement of the public hearing was published in The Roanoke Tillles on Saturday, November 1, t997, and Saturday, November 8, 1997, and in the ~ on Thursday, November 6, 1997. (See publisher's affidavite on file in the City Clerk's O~ce.) A report of the City Planning Commission advising that the property was the subject of a conditional rezoriing request approved by Council on July 10, 1995; the property was rezoned from LM, Light Manufacturing District, to C-2, General Commercial District; the purpose of the previous rezoning request was to place the subject properties into a zoning classification that would permit the continued use of the structure as a retail store; the petitioner agreed to proffer that an existing nonconforming billboard located on the property to be rezoned would be removed within two years if the requested rezoning was approved; and the billboard was acquired by L~mar Advertising in December 1995, and Lamar Advertising was aware of the existing proffer when the outdoor advertising structure was acquired, was before Council. It was further advised that the current petition to amend proffered conditions was filed on July 21, t997; and the petitioner seeks to eliminate the existing proffered condition requiring the existing nonconforming billboard to be removed within two years (by July 10, t997) and to substitute the following proffer: 579 ACTION: "The nonconforming billboard to remain under the following conditions: The current size of the billboard will be reduced from 12'6"x 42' to 1t' x 24' per side. The height of the billboard will be reduced from 46'9" to 35'. The billboard will be no closer to the reed. The new structure will be a monopole." The City Planning Commission recommended denial of the request to amend the proffered conditions, advising that the existing nonconforming billboard was to be removed within two years if the rezoning was approved; the new owners were aware of the proffered condition when they acquired the outdoor advertising structure in 1995; and removal of the existing nonconforming sign structure would enhance the character of the neighborhood and the 1-5811Roy L. Webber Expressway corridor. (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: "AN ORDINANCE to amend ~36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 115, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned CN, Neighborhood Commercial District." The motion was seconded by Mr. ParrotL The Mayor inquired if there were persons present who would like to address Council with regard to the matter. Steven L. Higgs, Attomey, representing the petltionere, advised that a compromise is requested that will allow the existing billboard which is located over the Soccer Stop property at 2219 Franklin Road, S. W., to continue to exist, which property wes rezoned in 1995 from 580 Light Manufacturing District to Ge.n. eral Commercial District. He statad tha.t !n 1995, the rezoning petiti.'on wss "first proffered with.out any conditions; at the public heanng before the City Planmng Commission, certain concerns were expressed by members of the Planning Commission and the public regarding the billboard and sits improvements to make the property more aesthetically pleasing; following the public hearing, the petitioners amended the petition for rezoning and added a proffer at the suggestion of the City Planning Department that the billboard would be removed within two years; and in July 1995, Council approved the rezoning. He explained that in December 1995, Lamar Advertising purchased the billboard from another outdoor sign company; Soccer Stop, Inc., has successfully operated its business from this location; Soccer Stop has subetantially improved the property, but has I~==n unable to complets all of the proffered landscaping; and Soccer Stop relies on the income from the billboard over its property. He stated that the petitioners wish to amend the proffered conditions to rezoning so as to reach a compromise that will allow the existing billboard to remain in a different form; whereupon, he presentsd renderings of the existing billboard and the proposed billboard. He explained that the height of the billboard would be reduced by approximatsly 25 per cent, or 35 feet, overall square footage would be re.d. uced by one-half, a.n.d the new structure would be a monopole, ~mth all new construction to current standards to improve the attractiveness of the property. He advised that benefits to the City will include: reducing the non- conformance of the existing sign, increasing the quality and attractiveness of the sign, and erecting the billboard below eye level, therefor, it.would not be visible from the 1-5811Roy L. Webber Expressway corridor. In conclusion, he statsd that approval of the request would allow Soccer Stop, Inc., to complets its planned landscaping and continue to receive the benefit of the rental payments from Lamar Advertising. Mr. Petsr W. Whits, 2615 Rosalind Avenue, S. W., President, Neighbors in South Roanoke, advised that the petitioners are proposing to turn a one-sided billboard into a two-sided structure (monopole). He stated that he did not know of any location in the City of Roanoke, or the City of Salem, or the Town of Vinton, or Roanoke County where there are more billboards in any quarter mile stretch of roadway than there is in the area from Broadway to McClanahan Street. He requested that Council deny the intrusion of more billboards on Franklin Road. 581 Dr. Price H. Hurat, Jr., 5216 Flintlock Road, S. W., advised that his property is contiguous to the billboard in question. He stated that there are numerous billboards from Wonju Street to the traffic light at the underpass on Franklin Road, and 16 billboards exist in a one block radius, each containing the Lamar Advertising logo. He questioned whether it will be detrimental to Lamar Advertising if this billboard is removed. Mr. Matt D. Cooper, II, 1410 Main Street, S. W., advised that he owns property adjoining the billboard, and concurred in the remarks of Dr. Huret. He stated that it was his understanding that tho City planned to curtail the growth of new signs and signs in general, and added that the existing billboard is an eyesore to the community. There being no further speakers, the ordinance was defeated by the following vote: AYES: Council Member Parrott and Mayor Bowers. 2. NAYS: Council Members Wyatt, Harris, Swain, Trout, and White 5. ZONING: The Mayor called attention to a public hearing which was previously advertised for the 7:00 p.m., session of the Council on the request of ManorCare Health Services, Inc., and Roanoke Lodge No. 197, Benevolent and Protective Order of Elks of the United States of America, that a tract of land containing 3.628-~cres, more or less, located at 1147 Perainger Road, S. W., being a port]on of Official Tax No. 1260214, be rezoned from RS-3, Residential Single Family District, to RM-2, Residential Multifemily, Medium Density District, subject to certain conditions proffered by the petitioners. He advised that Mary Ellen Goodlatta, Attorney, representing the petitioners, has requests] that the ,ratter be continued until the regular meeting of Council on Monday, December 15, 1997, at 7:00 p.m., in the City Council Chamber. ACTION: Mr. Parrott moved that the public heari.n.g on the abovedescribed request for rezoning be continued until the regular meeting of Council on Monday, December t5, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber. The motion was seconded by Mr. Swain and unanimously adopted. 582 ACTION: TRAFFIC-ZONING-SIDEWALK/CURB AND GuI'rER: Pursuant to Resolution No. 25523 adopted by the Council on M. onday, April 6, 1981, the City Clark having advertised a public heanng for Monday, November 17, t997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Home Depot, U.S.A., Inc., that 32.68 acres of land, more or less, identified as Official TaX Nos. 6440117 - 6440119, inclusive, be rezoned from RM-2, Residential Multi-family, Medium Density District, RS-3, Residential Single-family District, and C-2, General Commemial District, respectively, to C-2, General Commercial District, subject to certain conditions proffered by ~he petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The ~ on Saturday, November 1, t997, and Saturday, November 8, t997, and in the ~ on Thursday, November 6, 1997. (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 provide for the construction of a rate. il shopping center to include a 107,500 square foot Home Depot w~ a 22,560 square foot garden ca..ri, tar, a 50,000 square foot retail facility; a 24,000 square foot retail fac,lity; and the proffered site plan shows a 0.98 acre out parcel and a 4.73 acre tract of land identified as "Future Development", was before Council. The City Planning Commission recommended that Council approve the request for rezoning, advising that the development plan is a proffered condition of the rezoning, and issues relating to storm water management, traffic, land uses on Ferncliff Avenue, N. W., and pedestrian improvements have been addressed through additional conditions of the rezoning. (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. Trout moved that the following ordinance be placed upon its first reading: ii 583 (~33658) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 644, 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. 60, page 285.) 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 request for rezoning, at which time no citizen requested to be heard. Mr. White advised that Cove Road is a narrow roadway with considerable pedestrian traffic, primarily children. He stated that even if Home Depot constructs a sidewalk to the left of their property, a safety hazard will exist due to increased traffic on Cove Road, therefore, he spoke in support of installing sidewalks down to Peters Creek Road. He inquired as to the City's plans for sidewalks from Cove Road to Peters Creek Road, N. W. The City Manager advised that $3.0 million was included in the bond referendum for curb, gutter and sidewalk improvements in the City, and since Council has raised this particular issue, he would like to review the matter and report to Council within 30 days. Mr. Swain called attention to increased traffic on Cove Road from Herehberger Road toward Lafayette Boulevard, N. W., and advised that certain streets that intersect with Cove Road are also congested, which cause motorists to wait for extended periods of time to cross the intereect]ons. He also expressed concern with regard to pedestrian traffic, primarily children walking to and from William Ruffner Middle School, and asked that b'tat portion of Cove Road be included in the City Manager's reporL Vice-Mayor Wyatt advised that the traffic volume is such in the area that children who live within 100 feet of a school building are now required to ride buses to school. She requested that the City Manager study the feasibility of installing "walk/don't walk" signs at high-traffic intersections. Ordinance No. 33658 was adopted, on its firet reading, by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White 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, November t7, 1997, et 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Home Depot, U.S.A., Inc., for amendment of the proffered conditions for rezoning of a tract of land containing 13.26t acres, more or less, located on the north side of Herehberger Road, N. W., identified as Official Tax Nos. 6450101, 6450118 and 6450117 (formerly 6450101 and 6450102), which property was previously rezoned by Council, pursuant to Ordinance No. 25204, adopted on July 28, 1980, from RG-1, General ResidenIJal District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal adve~sement of the public hearing was published in Th~ ~tgJL~_.~]~ on Saturday, November 1, 1997, and Saturday, November 8, 1997, and in the ~ on Thursday, November 6, t997. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning CommissiOn advising that the subject properties were rezoned in 1980 fo~ the purpose of commercial development; with the exception of construction of Hardees and Hemhberger Park Circle, no other development has occurred; Home Depot, Inc., has a contract to purchase several properties, including the abovedescribed parcels; a petition was filed in July t997 to rezone adjoining properUes for a proposed commercial development (Official Tax Nos. 6440117, 6440118, and 6440119) and is currently being considered with this amendment request; and the petitioners are requesting that the conditions be amended to reflect the same conditions proffered as part of the rezoning request, was before Council. 585 ACTION: The City Planning Commission recommended that Council approve the request to amend conditions on th~properfies to reflect those conditions on the adjacent proper'des requested for rezoning by Home Depot, Inc. (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. Trout moved that the following ordinance be placed upon its first reading: (#33659) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 645, 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. (For full text of Ordinance, see Ordinance Book No. 60, page 287.) 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, at which time no citizen requested to be beard. Ordinance No. 33659 was adopted, on its first reading, by the following vote: AYES: Council Members Wyatt, Harris, Parrctt, Swain, Trout, White and Mayor Bowers .. 7. NAYS: None ..... Ge OTHER HEARING OF CITIZENS: CITY PROPERTY-SCHOOLS-ARMORY/STADIUM-ROANOKE CIVIC CENTER: Mr. JeffArtis, 727 Highland Avenue, S. E., requested that Council investigate the following school related matt. ers: 586 Revise the policy of requiring Roanoke City Schools to pay rent for use of Victory Stadium and the Roanoke Civic Center for sporting events; Revise the policy regarding the manner in which concessions are handled at Victory Stadium and the Roanoke Civic Centar to allow the Roanoke City Schools to operate concession stands at William Fleming and Patrick Henry High School basketball games and that the revenue be used to decrease the athletic deficit of the school system; A commitment from City Council to assist the Roanoke City Schools to increase revenues by either constructing or renovating a sports facility which will include a football complex comparable to that at Salem High School and an eight lane track facility, which will allow sports programs to become self-sufficient. Vice-Mayor Wyatt requested that the City Manager review the policy whereby the School system and the City impose rental fees on each other for use of City and School facilities. Without objection by Council, the Mayor advised that the remarks of Mr. Aras would be referred to the City Manager for report to Council within thirty days and that the Roanoke City School Board be requested to address the matter at a joint meeting of Council and the School Board on Monday, December 15, 1997, at 12:00 noon. There being no further business, the Mayor declared the meeting adjoumed at 7:55 p.m. APPROVED All'EST: 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 87, 12/1997 - 6/1998 4. Date Filmed: ~//~c~ / 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 Virginia as authorized by Sections 8.01-391, 15.1-8, 42.1- 82, 42.1~83 of the J~0dlflf~~L Signature of Records Custodian Date REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL December 1, 1997 t2:15 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor, Municipal Building, 2t5 Church Avenue, S. W., City of Roanoke, on Monday, December 1, 1997, at 12:15 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, ~I]~t.I~M~iDg~ of Section 2-15, ~J]~J:QG~JU/~ Code of the City of Roanoke (1979), as amended. PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, Linda F. Wyatt and Mayor David A. Bower~ ~. ABSENT: Council Member William White, Sr. 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Griseo, Director of Finance; and Mary F. Parker, City Clerk. CITY JAIL: At t2:18 p.m., the Mayor declared the meeting in recess until 2:00 p.m., to allow the Members of Council to participate in a tour and briefing with regard to the automated booking system which is used in the Roanoke City Jail. At 2:00 p.m., on Monday, December 1, 1997, 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 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: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grieso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting wes 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-ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES: The Mayor presented a proclamation and a crystal star to L. Bane Cobum in recognition of numerous and outstanding accompliehmenta as an employee of the City of Roanoke. (For full text, eee Proclamation on file in the City Clerk's Office.) The Mayor advised that all mattars 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 an Executive Session te discuss a special award, being the annual Citizen of the Year Award; the disposition of publicly held property in connection with the location of a prospective business where no previous announcement has been made of the business' interest in locating in the community, specifically the possible conveyance of an interest in land in the Roanoke Centre for Industry and Technology for economic development purposes; and personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the special meeting of City Council held on Tuesday, August 12, 1997, and the regular meelings of Council held on Monday, August 4, 1997, and Monday, August 18, 1997, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) 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. Swain and adopted by the following vote: 3 AYES: Council Members Harris, Parrott, Swain, Trout, Wttite, Wyatt and Mayor Bowers 7. NAYS: None O. COMMIT[EES-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)(I), 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 the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. 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. COUNCIL-CiTIZEN OF THE YEAR: A communication from Mayor David A. Bowers requesting that Council 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 (lg50), 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 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. Swain and adopted by the following vote: ACTION: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers .... 7. NAYS: None PURCHASE/SALE .OF PROPERTY-INDUSTRIES-ECONOMIC DEVELOPMENT-COUNCIL. 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 in connection with the location of a prospective business where no previous announcement has bccn made of the business' interest in locating in the community, specifically the possible conveyance of an interest in land in the Roanoke Centre for Industry and Technology for economic development purposes, pursuant to Section 2.1-344 (A)(3) and Section 2.1-344 (A)(5), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) 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 the disposition of publicly held property in connection with the location of a prospective busin, ess .wh. ere n.o previou, s announcement has been made of the business' ,nterest In locating ,n the community, specifically the possible conveyance of an interest in land in the Roanoke Centre for Industry and Technology for economic development purposes, pursuant to Section 2.1-344 (A)(3) and Section 2.t-344 (A)(5), Code of Virginia (1950), as amended. 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. MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee of Roanoke City Council which was held on Monday, November 3, t997, were before the body. The Audit Committee considered the following items: School Activity Funds - June 30, 1997, ACTION: Human and Cultural Services Committees, Audit Findings Follow-Up, and Status of Current Audit Activities. (For full text, see Minutes on file in the City Clerk's Office.) Mr. Whita moved that the Minutes be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, W1tita, Wyatt and Mayor Bowers 7. NAYS: None 0. BUDGET: A report of the City Manager recommending approval of the following proposed budget study schedule for fiscal year 1998-99, was before Council. BUDGET PREPARATION ACTIVITIES April 20, 1998 Public presentation of fiscal year 1998- 99 recommended budget, and update to the Consolidated Plan (Grants budget) to City Council by the City Manager. April 22, t998 Advertisements of public hearings on recommended budget, tax rates and Consolidated Plan update appear in newapepera. April 27, 1998 Public hearings on recommended budget, tax rates and update to the Consolidated Plan. May6-8,1998 City Council budget study work sessions. 6 ACTION: ACTION: ACTION: May tt, 1998 City Council adopts General Fund, School Fund and Proprietary Fund budgets, and approves an annual appropriation ordinance and adopts the update to the Consolidated Plan. (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 wes seconded by Mr. Swein and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bower~ 7. NAYS: None ..0. ARMORY/STADIUM-PARKS AND RECREATION-CONSULTANTS REPORTS: A report of the City Manager with regard to development of a Parks and Recreation Master Plan, was before Council. Mr. White moved that the report be removed from the Consent Agenda for discussion as a separate item. The motion wes seconded by Mr. Swain and unanimously adopted. COMMITTEES-COMMUNITY PLANNING: A communication from Cedric E. Malone tendering his resignation as a member of the City Planning Commission, effective immediately, was before Council. (For full text, ess 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. 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. i I 7 INDUSTRIES-OATHS OF OFFICE-COMMITTEES: A report of qualification of William L. Bova as a Director of the Industrial Development Authority of the City of Roanoke for a term ending October 20, 2001, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) ACTION: Mr. White moved that the report of qualification be received and filed. 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 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: TAXES-DOWNTOWN ROANOKE, INCORPORATED: A communication from R. Matthew Kennell, President, Downtown Roanoke, Inc., transmitting a petition on behalf of the Roanoke Foundation for Downtown, Inc., requesting adoption of a measure in support of tax-exempt status on certain real property located on North Jefferson Street and Shenandoah Avenue in the City of Roanoke, which real property has been offered to the Roanoke Foundation for Downtown, Inc., by the Norfolk Southern Corporation, was before Council. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. Trout moved that the matter be referred to the City Manager for study, report and recommendation to Council,-and that Council hold a public hearing on Monday, December 15, 1997, at 7:00 p.m., or as soon therealter as the matter may be heard. The motion was seconded by Mr. Swain and unanimously adopted. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: REFUSE COLLECTION-PUBLIC WORKS: William F. Clark, Director of Public Works, advised that collecting bulk items and bulk brush from City curbs must be addressed on a continual basis. Therefore, he stated that a citizens task force was appointed to submit recommendations to provide for a more effective program, and called upon James A. McClung, Manager, Solid Waste Management, to present a briefing on recommendations of the citizens task force. Mr. McClung advised that the City currently collects bulk items such as furniture, appliances and other large household itam~ and bulk brush on an ongoing basis, and presented slides of the various types of bulk items and bulk brush which are collected by City crews. He stated that in fiscal year 1996-97, the City received 10,064 calls from citizens to schedule bulk collection, 3,229 calls were received to schedule brush collection, approximately 1,587 tons of material ware collected under the program, and the City has expended approximately $139,000.00 over the past three years to operate its bulk item/bulk brush program. He explained that a Free Homeowners Disposal Program is offered at the Roanoke Valley Resource Authority Transfer Station on Hollins Road which allows citizens to take their bulk items/bulk trash to the transfer station at no charge for disposal. He stated that fees are paid through General Fund revenue of the City, during fiscal year t996-97 approximately 5,800 tons of materiel was disposed of under the program at a coat of $319,000.00, and approximately 25,000 tripe were made to the transfer station by citizens. He advised that last fell, a public meeting was held to determine if the City was of the opinion that its bulk items/bulk brush collection program is an efficient means to collect these materials, and a citizens task force was appointed to gather community input and to design the most coat effective and efficient bul'k program that would meet the service expectations of the community. He explained that the task force established a mission of developing an optimal bulk item/bulk brush collection plan that would be efficient, fair and easy for 9 the resident to remember and to follow, and it was agreed by the task force that recommendations would be made available to the public for comment prior to requested enactment by Council. He stated that recommendations of the citizens task force are aa follows: (1) (2) Continue the curb-side bulldbruah collection program on an ongoing basis, Continue the homeowners disposal program at the Roanoke Valley Resource Authority Transfer Station, (3) Strict enforcement of program rules and regulations, and Expand the ongoing educational component of the program. Mr. McClung advised that after researching programs administered by other localities, the task force concluded that a call-in schedule for curb-side bulk/brush collection is more efficient than a system that allows collection of material at random. He advised that a drive-by system would also mean that bulk items/brush would stay on the curb for a longer period of time, which is unacceptable. He stated that to avoid a disproportionate use by some citizens, a reasonable service level is recommended to be established par household, and for the sake of enforcement, a household will be defined as a residential address, except for those residences falling under the commercial definition. He advised that the citizens task force recommends that four curb-side pick-ups per year per household be offered and that each pick-up be limited to six items, and/or a pick-up truck load of brush which will allow trucks to compistea scheduled days' route, and curb- side collection of bulk items and bulk brush by the City is not recommended to be provided for commercial establishments. He noted that the primary mission of the Solid Waste Management Depa, b,,ent is the collection of residential waste, and after reviewing standards throughout the Commonwealth of Virginia, the task force recommends that complexes of more than five units be considered commercial establishments and not receive bulk item and bulk brush services from the City. He explained that citizens may continue to call the City for service, the Depari,,ent of Solid Waste Management will assign a collection date from one to ten days, the service will continue to be ACTION: curb-side collection, materials will be required to be set out at the curb the night before collection, and City crews will not collect tires, however, although four tires can be disposed of at the transfer station under the Homeowners Disposal Program, end no carpet or building materials resulting from contracted work will be collected by City crews. He advised that a cit]zen can take six pick-up truck loads of household refuse/brush to the t~ansfer stet]on at any time during the collection year at no charge. He stated that landlord/tenant set-oute will be picked up by City crews following the same rules as the bulk item/bulk brush program and each pickup will count as one of the four allowod pickups per year. He commented that the community gave clear direction to the task force that it wants quick and meaningful enforcement of all solid waste management rules and ordinances, and the task force believes that these programs ars dependent on successful enforcement. Therefore, he stated that the task force recommends that an enforcement posit]on be created with the sole responsibility for enforcement, especially against those persons who set out materials without scheduling a pick-up. He added that the Homeowners Disposal Program will be monitored by staff at the transfer stet]on as vehicles enter the facility, as well as by Solid Waste Management staff, and residents will be billed for tipping fees for any refuse not included in the program and for any refuse after the six allowed loads. He advised that the task force believes that making citizens aware of the program will be the first step toward insuring its success, and recommends a detailed and wide spread educat]onal campaign beginning with a City-wide mailing of informational post cards and other mas~ media services will be enlisted to increase public awareness and to educate the public on proper use of the program. He explained that following the educational process, Council will be briefed on recommended City Code amendments. Vice-Mayor Wyatt requested that the citizens task force study a viable alternat]ve for elderly citizens who are physically unable to carry their bulk itame/brush to the curb and cannot, monetarily, afford to pay alee. Without object]on by Council, the Mayor advised that the briefing would be received and filed. ARMORY/STADIUM-PARKS AND RECREATION-CONSULTANTS REPORTS: A report of the City Manager with regard to development of a Parks and Recreation Master Plan, was before Council. The City Manager advised that the most recent successful bond referendum for capital improvements throughout the City includes significant money for neighborhood perk improvements; one of the City's major Parks and Recreation facilities is Victory Stadium; representatives of City depertmente are in the process of formulating a strategy to recommend for developing a master plan for Perks and Recreation fecilit]ss and programs, and such plan will include a review of existing neighborhood perks, recreation cantara, locations where new parks are needed, and which programs should be continued or new programs offered; the plan will provide a benchmark for where the City is and where the City would like to be in the overall Parks and Recreation services; and by January 1998, a report will be pressnted to Council on the specifics of the Parks and Recreation Master Plan process. The City Manager advised that now that the Capital Improvements Program bond issue has been approved by the votara of the City of Roanoke, it is recommended that Council address Mill Mountain and neighborhood perks, although there is nothing to exclude the use of funds on some portion of Victory Stadium if the citizens committss is of the opinion that Victory Stadium is a high priority item. He further advised that because the City has completed ranking of projects for a $39 million Capital Improvement Program, and after reviewing the debt service schedule through the year 20004)1, any ability to deal with this issue other than in the City's normal Capital Improvement Program will have to be a message delivered as a high priority in the annual operating budget and will require three to five years of appropriating annual dollars. He explained that alternatives for Victory Stadium range from $5 million for minor fix-ups to $21 million for a maximum build-out; every member of Council has stated that they consider Victory Stadium to be in the top list of capital projects and Council is looking for solutions, therefor, the challenge will be to prepare a scenario to begin to set aside funds to pay for this capital project. He added that if Council wishes to expedite the study, operating funds will have to be dedicated to capital projects, and the annual operating budget might be able to absorb the cost over a period of time if it is known precisely which option wil~be supported by the community and Council. Vice-Mayor Wyatt expressed concern over the time factor because the longer Victory Stadium remains in its present condition, the more it will deteriorate, and if the City decides to build a new stadium, it would be a waste of taxpayers' m.o. ney to invest funds in the present stadium. She added that if the City plans t.o. build a new stadium, decisions should be made as quickly as possible in order to move the process ahead, and expressed frustration that Council continues to review the matter, but does not take action. The City Manager responded that a quarter of · billion dollars of capital projects were reviewed and placed in priority order, there were numerous projects that did not make the final $39 million list for capital improvements that was submitted to the voters for approval on November 4, 1997, and Victory Stadium wes one of the major items that was not included. He stated that if Council wishes to take Victory Stadium out of sequence of the Capital Improvement Program, and if Council wishes to make the Higher Education Center and Victory Stadium the two top priorities of the City, he will submit a financing scenario that will help the City to reach its goal in a reasonable period of time. Mr. Parrott advised that Council had the opportunity to place Victory Stadium in the $39 million Capital Improvement Program, it did not choose to do so, and Council now needs to provide guidance to the City Manager. Mr. Trout advised that from an economic development standpoint, it might be wise to look at a facility besides Victory Stadium that could be used as a yesr-round sports facility and that the City Manager review other uses for the Victory Stadium property. He suggested that there be discussion with the Roanoke City School Board in regard to constructing a football stadium at each of the high schools when high school renovations take place that could accommodate 1,200-t,600 persons on school property which would enable Victory Stadium to be used as a year round facility. Mr. White inquired if the City should be in the business of operating s stadium, or should Victory Stadium be a part of the debt service of the school system, is a stadium the highest and best use of the property, is Victory Stadium properly marketed and generating revenue, and what is the feasibility of developing a stadium or sports complex that would generate su~cient revenue to service its own debt. ACTION: Mr. Harris suggested that Council review st the study prepared by Heery Intematlonal, Inc., and Hammer Slier George Associates that outlined recommendations for Victory Stadium, and requested that Council reach a consensus on which option to pursue, thereby enabling the City Manager to submit funding scenarios. He stated that Victory Stadium doss not serve solely as a high school football stadium, the City has an obligation to its two high schools to provide a stadium for sports actlvitlss, and a commitment to its citizens to provide a facility that the community can be proud of. Mr. Swain spoke in support of granting the City Manager the requested six months to submit the best solution, along with cost estimates and financing plans. Mr. Parrott requested that Council Members be provided with a copy of the Hesry International, Inc., and Hammer Slier George Associates report for review. There being no further questions or comments, without objection by Council, the Mayor advised that the report would be received and filed. 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 for the Roanoke Valley Convention & Visitors Bureau for fiscal year 1997-98; the City requests 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 Administration has negotiated an agreement with the Convention and Visitors Bureau to assure that the City's funds will be used for these purposes. The City Manager further advised that the Roanoke Valley Convention and Visitors Bureau has submitted, for approval by the City Manager, a budget setl]ng forth anticipated expenditures of City funds; whereupon, the City Manager recommended that Council authorize payment of $500,000.00 to the Roanoke Valley Convention and Visitors Bureau, and that he be authorized to execute a one-year agreement with the Roanoke Valley Convention & Visitors Bureau for the express purpose of increasing tourism in the Roanoke Valley as a regional destination for convention, conference, leisure and business travel. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (~33660-120197) A RESOLUTION authorizing an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley. (For full text of Resolution, see Resolution Book No. 60, page 288.) ACTION: Mr. Trout moved the adoption of Resolution No. 33660-120197. The motion wes 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. BUDGET-CITY TREASURER-BONDS/BOND ISSUES: The City Manager submitted a written report advising that bonding for the City Treasurer is required by Section 37 of the Roanoke City Charter; the current bonding amount of $1.0 million was established by Council pursuant to Resolution No. 31791-121393, adopted on December 13, 1993; a new bending amount for the newly-elected City Treasurer must be set by Council prior to commencement of the new term of office so that the bond may be executed by the City Treasurer; and the election of David C. Anderson as Roanoke City Treasurer took place on November 4, 1997, for a term commencing January 1, 1998 and ending December 3t, 2001. The City Manager recommended that Council concur in the following actions: Set the bond amount for the City Treasurer for the new term commencing January 1, 1998 and ending December 31, 2001, at $1.0 million; ACTION: Approve Fidelity and Deposit Company of Maryland as the surety for the bond; Transfer funds, in the amount of $14,700.00, from Contingency Reserve Account No. 001-002-9410-2199, to City Treasurer Risk Management Account No. 001-020- t234-7017; and Increase the revenue estimate for Risk Management Fund - Internal Service Fund Billings - General Fund Account No. 019-020-1234-0952, in the amount of $14,700.00; and appropriate funding, in the amount of $14,700.00, to Risk Management - Insurance Account No. 019-002-1262-3020. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~33661-120197) AN ORDINANCE to amen(fend reordain certain sections of the 1997-98 General and Risk Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 289.) Mr. Parrott moved the adoption of Ordinance No. 33661-120197. 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. Mr. Parrott offered the following resolution: (#33662-120197) A RESOLUTION prescribing the amount of the bond of the Treasurer of the City of Roanoke and approving the surety thereon. (For full text of Resolution, see Resolution Book No. 60, page 290.) ACTION: ACTION: NAYS: Nono Council Member Swain requested information on the total number and cost of bonded positions in Roanoke City Government. SNOW REMOVAL-CITY EMPLOYEES: The City Manager submitted a written report advising that Governor Allen has granted one-half day on Wednesday, December 24, 1997, and Friday, December 26, 1997, aa additional holidays for State employees; and while the City traditionally does not follow all State holidays, it is recommended that the City grant additional holidays in December to recognize City employees for their hard work and accomplishments during 1997. Mr. Parrott moved the adoption o.f Resolution No. 33662-120197. The motion was seconded by Mr~ Swa,n and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. ,,,0. The City Manager recommended that Council grant all full-time employees four hours on Wednesday, December 24, 1997 (City offices will..c, lose at noon), and eigh. t hours on Friday, December 26, 1997, as additional holiday time; and in those areas where employees cannot be off from work due to staffing requirements, the holiday time can be used at a later date. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#33663-120197) A RESOLUTION establishing hours of operation for certain City offices on Christmas Eve, December 24, 1997; closing certain City offices on the day after Christmas, December 26, 1997; and providing for additional holiday leave for all City employees. (For full text of Resolution, see Resolution Book No. 60, page 291.) Mr. Swain moved the adoption of Resolution No. 33663-120197. The motion was seconded by Mr. Trout and adopted by the following vote: l? AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. HAYS: None .... 0. Council Member Trout requested a briefing on 1997 snow removal procedures. Vice*Mayor Wyatt requested that the City Manager review currant City policy regarding City employees reporting to work during or following hazardous weather conditions, particularly when citizens have been urged to stay off the streets. BUDGET-CMERP-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program and Prior Year Retained Earnings Accounts for internal Service Departments have identified various operational n¢cds; on October 22, 1997, Council received the CMERP report for fiscal year 1997-98; and items and projects identified, which total $841,772.00, are deemed necessary for the continuing performance of duties and project assignments in the most efficient and effective manner. The City Manager recommended that Council appropriate $841,772.00, as follows: $663,522.00 from CMERP to the following: $10,000.00 to Finance Account No. 001-004- t231-9016; $47,425.00 to Communications Account No. 001-050-4t30-9015; $62,324.00 to Police Account No. 001-050- 3113-9015; $40,t00.00 to Fire/EMS Account No. 001-050- 3213-9015; $12,000.00 to Building Maintenance Account No. 001-052-4330-3056; 18 $t,578.00 to Building Inspection Account No. 001-052-3410-90t 5; $27,340.00 to Snow Removal Account No. 00t-052~,140-9015; $29,000.00 to Parks and Grounds Account No. 001-052.4340-90t 5; $25,000.00 to Parks and Grounds Account No. 001-052~t340-3005; $4,000.00 to Crisis Intervention Account No. 001-054-3360-9015; $28,695.00 to Library Account No. 001-054- 7310-9015; $5,265.00 to Personnel Account No. 001-002- 1261-9015; $14,000.00 to City Attorney Account No. 00t- 003-1220-9015; $6,212.00 to City Treasurer Account No. 00t- 020-1234-90t 5; $5,800.00 to Real Estate Valuation Account No. 001-023-1235-9015; $7,800.00 to Social Services Account No. 001- 0545314-2O30; $12,98t.00 to Supply Management Account No. 001-056ol 237-9005; $969.00 to Magistrate Account No. 001-070- 2121-2035; $53,700.00 to Cultural Services Account No. 00t -054-5221-3701; $26,915.00 to Cultural Services Account No. 001-054-5221-3706; $54,790.00 to Memberehip~ and Affiliations Account No. 001-002-7220-3710; $25,628.00 to Memberehip~ and Affiliations Account No. 001-002-7220-3702; $75,000.00 to Engineering Account No. 001- 052-4310-2010; $37,000.00 to Civic Center Account No. 005- 056-2108-9015; and $50,000.00 to Transportation Fund Account No. 007-056-0205-2048. $40,000.00 from Management Services Prior Year Retained Earnings to Account No. 015-002-1617-90t 5; and $138,250.00 from Utility Line Services Prior Year Retained Earnings account, as follows: $75,000.00 to Utility Line Services Account No. 016-056-2626-90t 5; $59,000.00 to Utility Line Services Account No. 016-056-2626-90t0; and $4,250.00 to Utility Line Sewices Account No. 016-056-2626-2035. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#33664-120t97) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General, Civic Center, Transportation, Management Services, and Utility I_ine Services Fund Appropriations, and providing for an emergency. 20 ACTION: ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 292.) Mr. Parrott moved the adoption of Ordinance No. 33664-120197. 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: Nono ..-0. PARKS AND RECREATION-CMERP-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need to replace four four-wheel drive pickup trucks with snow plows in the Parks and Grounds Depa, l,~ent; whereupon, the City Manager recommended that Council authorize the purchase of four new four- wheel drive pickup trucks with snow plow assemblies from Magic City Motor Corporation, at a total cost of $92,511.80; and reject ail 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: (#33665-12019?) A RESOLUTION accepting the bid of Magic City Motor Corporation for four new 4-wheel drive pickup trucks with snow plow assemblies; and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 60, page 296.) Mr. Trout moved the adoption of Resolution No. 33665-120197. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White and Wyatt 6. NAYS: None ,,- ' .... O. (Mayor Bowers abstained from voting.) BUDGET-EQUIPMENT-CMERP: The City Manager submitted a written report advising that the Capital Maintanance and Equipment Replacement Program has identified the nccd for vehicular equipment in various City departments; whereupon, the City Manager recommended that Council concur in the following actions: Authorize the purchase of vehicular equipment, as follows: 12 new full-size Police automobiles from Berglund-Ford-Pontiac-Mazda, Inc., at a total cost of $240,862.00; 9 new intarmediats-class automobiles from Berglund Chevrolet, Inc., at a total cost of $141,267.42; and I new 8-passenger window van, 2 new full 314 ton four-wheel drive pickup trucks, I new full-size % ton pickup truck, and 1 new mid- size pickup truck from Magic City Motor Corporation, at a total cost of $87,995.42. Appropriate $456,965.00 from General Fund Current Year Capital Maintenance and Equipment Replacement Program to Transfer to Fleet Management Account No. 001-004-9310-9506, increase the revenue eetimata by $456,965.00 in Fleet Management Transfer from General Fund Account No. 017-020-1234-0951, and appropriate $456,965.00 to Fleet Management Fund Vehicular Equipment 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.) Mr. Trout offered the following emergency budget ordinance: (#33666-120197) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General and Fleet Management Fund Appropriations, and providing for an emergency. ACTION: ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 297.) Mr. Trout moved the adoption of Ordinance No. 33666-120197. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White and Wyatt 6. HAYS: None (Mayor Bowers abstained from voting.) Mr. Trout offered the following resolution: (//33667-120197) A RESOLUTION accepting bids made to the City for furnishing and delivering certain vehicular equipment; and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 60, page 299.) Mr. Trout moved the adoption of Resolution No. 33667-120197. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White and Wyatt ,6. NAYS: None . ..0. (Mayor Bowers abeteined from voting.) BUDGET-HUMAN DEVELOPMENT-FDETC: The City Manager submitted a written report advising that the Fifth District Employment and Training Conso~um administers the Federally-funded Job Training Partnership Act (JTPA) for the Fifth Planning District; the Consortium eervee 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 23 include dislocated workers and the economically disadvantaged; 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: Title II-A (Adults - Ages 22 and over) $ 93,749.00 Title II-C (Youth - Ages 16 through 21) $ 5,772.00 Title III-F (Dislocated Workers) $27,174.00 It was explained that jurisdictions in the Fifth Planning District, which include the Cities of Salem, Clifton Forge and Covington, and the Counties of Roanoke, Allegheny, Botatourt, and Craig, were requested by the Fifth District Employment and Training Consortium to contribute funds to offset the agency's administrative costs; to data, allocations totaling $t0,395.00 have been confirmed from the participating jurisdictions (Botatourt County $1,630.00; Roanoke County $3,500.00; City of Salem - $5,015.00; Craig County - $250.00); and the Virginia Employment Commission has notified the Fifth District Employment and Training Consortium of the approval of an additional allocation of $50,900.00 to operate a Governor's Regional Project for fiscal year 1997, which funds will be used to serve dislocated workers. The City Manager recommended that Council appropriate the Fifth District Employment and Training Consortium's funding totalling $187,990.00, and increase the revenue estimate by $187,990.00 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: (#33668-120197) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Consortium Fund Appropriations, and providing for an emergency. ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 300.) Mr. Trout moved the adoption of Ordinance No. 33668-120197. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, Wl~ite, Wyatt and Mayor Bowers 7. NAYS: None .-0. CiTY CODE-FIRE DEPARTMENT-EMERGENCY MEDICAL SERVICES-PENSIONS4:~ITY EMPLOYEES: The City Manager and the Director of Finance submitted a joint written report advising that on January t, 1985, the City hired the first Emergency Medical Services (EMS) personnel to offset the demands for emergency medical services, which employees were paid salary only, and did not receive benefits; in July 1986, partial benefits, including vacation, sick leave, holiday leave and life insurance were extended to EMS employees; retirement benefits were withheld until July 1, 1989, when all full-time, regular EMS employeea were granted retirement under the general employee retirement benefits plan; in October 1995~ all EMS employees were merged into tho newly-formed Fire/EMS Depa,b,ent, which consolidation was done by the City Administration to benefit the City's ability to provide more efficient firs and emergency medical services; and at that time, EMS personnel became eligible for public safety retirement benefits. Itwas further advised that public safety retirement benefits differ from general employee benefits, permitting eligible employees to retire with unreduced benefits at age 50 with a minimum of 25 years of public safety service; and general employees are eligible for an unreduced retirement benefit at age 55 with a minimum of 30 years of service. It was explained that the credible service for Emergency Medical Services personnel hired prior to October 30, 1995, and who were employees of the EMS Department did not count toward the calculation of public safety retirement benefits; and 33 former EMS employees ars affected in varying degrees by the October 1995 consolidation and the split retirement statue. ACTION: ACTION: The City Manager and the Director of Finance recommended that Council grant all former Emergency Medical Services Department employees who were merged into the Fire/EMS Depa,'.,ent and who are employed on the effective date of the proposed ordinance, public safety retirement benefits, effective July 1, 1989, or employment date, if later. (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: (~33669) AN ORDINANCE amending and reordaining subsection (a) of §22.1-44, Normal Service Retirement. of the Code of the City of Roanoke (1979), aa amended, to provide retirement service credit for firefightera who were previously employed in an emergency medical services capacity, subject to certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 303.) 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. 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 1997. (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. ACTION: 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. (For full text, see 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. REPORTS OF COMMITTEES: PARKS AND RECREATION-ROANOKE ARTS COMMISSION- SISTER CITIES: Carl H. Kopitzke, Chair, Mill Mountain Advisory Committee, presentad a written report with regard to future improvements to Mill Mountain Park. He advised that the key components of the Conceptual Plan for Mill Mountain Park include the complete renovation of the existing visitor restroom structure into an attractive Welcome Center, construction of a picnic shelter, placement of a playground, designation of an area for a concert lawn, and installation of the Sister Cities Sculpture Garden. Mr. Kopiizke further advised that after due consideration by the Mill Mountain Advisory Committee, the eight members present at a meeting on Thursday, November 20, 1997, voted unanimously in the affirmative to forward its recommendation to Council for appropriate course of action; and the Committee has approved the entire Mill Mountain Park Conceptual Plan, as prepared by Hill Studio, Inc., with the following two modifications: First, that the proposed Sister Cities Sculpture Garden be located as originally planned, that site being adjacent to the present walkway to the Mill Mountain Zoo in the vicinity of the four existing Sister Citiee trees, which is the same area as illustrated in the "Call for Artists" Brochure for the Mill Mountain Sculpture Project; and Second, that the site for the proposed Concert Lawn be designated in the present picnic area which is located between the lower parking lot and the new overlook; this revision is offered due to concerns that have been expressed about the proposed Concert Lawn site, such as 27 slope, accessibility and protection of existing trees; the existing picnic area appears to have the unanimous support of the Mill Mountain Advisory Committee, and this ares appears to have the right ingredients and environment for a successful Concert Lawn. (For full text, see report on file in the City Clerk's Office.) David Hill representing Hill Studio, P.C., presented slides of the plan for Mill Mountain, and advised that Hill Studio hes worked on improvements to Mill Mountain Park with the City's Parks and Recreation Depa,b,lent and the Mill Mountain Advisory Committee for approximately four months. He stated that many persons participated in the project during the public comment periods, ail noting the importance of Mill Mountain not only to the City of Roanoke but to the region as a whole. He added that the goal was to create a better mountain experience while lessening the impact of the built environment on the mountaintop; that the study evolved because there had been numerous requests to the Parks and Recreation Depa,l,,,ent from various agencies and members of the public to provide a better picnic facility, to provide a mountain welcome center, to provide a better sculpture site, to work with grssnway alignment, to provide improvements at the entrance to the wildflower garden and the zoo, and to remove the house and some of the extra roads, es other facilities are implemented. He explained that out of the entire 11 acres on Mill Mountain, the proposed plans will modify only one-half acre; and the proposed work includes modifications to the welcome center, addition of a picnic shelter and picnic ground outside the location where the former Rockledge Inn previously existed, coordination of the future greenway, better coordination of the zoo and wildflower garden entrance, and addition of the scuipturs site. He noted that the picnic shelter is designed in a rustic style, 30 x 50 feet, with a large chimney on one side similar to the chimney that was in the former Rockledge Inn, a small playground is proposed, and in the future, the Parks and Recreation Depa, b~ent is considering the purchase of a mobile stage platform which can be moved to different parts of the City and can be used in the park in the parking lot area near the picnic shelter. He advised that another portion of the study will make the existing restroom building into an accommodating welcome center which will feature a front desk staffed by a person who will be familiar with Mill Mountain and the Roanoke Valley as a whole to provide information on exhibits on grssnwaya, the zoo, a history of the mountain, a history of the region, the wildflower garden, area accommodations and a ranger office. Elizabeth S. Poff, Executive Director, Mill Mountain Zoo, advised that the zoo is in support of the Sister City Sculpture Garden and the conceptual plan for the entire top of the mountain as prepared by Hill Studio. She applauded the Mill Mountain Advisory Committee for reaching a consensus and voting on the entire plan. She stated that the best site for the sculpture garden is recommended by Hill Studio, not only because it is a Sietor City sculpture, but because of the tie in with other projects and the pedestrian traffic flow by making a positive statement to persons visiting the mountain, and a better blend with nature will be provided by placing the sculpture garden under the tree area while improving an area that now has no usage. She requested that Council vote on the matter today which will enable work to continue. Mark W. Scala, Vice-Chair, Roanoke City Arts Commission, presented the original David Hill design which proposed that the Sister City sculpture garden be located on the walkway, and the Arts Commission supported that plan because it liked the integration with nature by providing a more serene environment in which to contemplate the sculpture, and the plan also called for the removal of unsightly asphalt and elimination of the restroom facilities as an unattractive backdrop. He stated that inasmuch as the sculpture would be less visible from the main road to the star, it may be more protected from casual vandalism, and there would be room for benches for hikers coming up the new graenway. However, he stated that the Arts Commission realizes the good community spirit of its colleagues on the Mill Mountain Advisory Committee who recommended unanimously that the Sister Cities Intomational Sculpture Garden be located in Mill Mountain Park, and the Roanoke Arts Commission concurs in that location. He explained that the Mill Mountain Advisory Committee has recommended that the sculpture garden be moved to the site originally planned near the rest facilities and the Arts Commission has expressed concern with that recommendation; however, in the spirit of friendship and cooperation represented by the sculpture itself, the Roanoke Arts Commission will defer to the good judgement of Council in selecting the best site, however, the Arts Commission requests that Council approve the placement of the Sister Cities sculpture on Mill Mountain. David K. Lisk, Executive Director, Roanoke Sister Cities, expressed concem that the pmpossd location may not be aesthetically pleasing because of a 45 - 50 degree slope and the lack of trees and greenery, therefore, the Sister Cities Committee is concerned about the appearance of the sculpture garden. He stated that it would be preferable for the sculpture garden to be located in an area where it could be viewed as blending in with existing scenery and foliage; however, Roanoke Sister Cities yields to the recommendation of the Mill Mountain Advisory Committee. Vice-Mayor Wyatt spoke in support of a meeting of the Mill Mountain Advisory Committee, the Roanoke Arts Commission, and Roanoke Sister Cities to reach a compromise on the proposed location of the sculpture; whereupon, Ms. Wyatt moved that Council approve the Intamational Sister Cities Sculpture Garden, the location of which to be in the Mill Mountain Park, with the precise location to be referred to the Mill Mountain Advisory Committee, the Roanoke Arts Commission, and Roanoke Sister Cities for fufU,er discussion with the goal of developing a consensus location. The motion was seconded by Mr. Harris. Mr. Trout offered a substitute motion that Council concur in the recommendation of the Mill Mountain Advisory Committee under date of December 1, t997, The motion was seconded by Mr. White. Mr. Parmtt called for the question. The motion was seconded by Ms. Wyatt and lost by the following vote: AYES: Council Members Parrott, White and Trout NAYS: Council Members Harris, Swain, Wyatt and Mayor Bowers .... ~.. The Mayor spoke in support of the plan presently before Council with two minor modifications. He stated that the master plan as proposed by David Hill encompasses all of the different ideas such as a picnic shelter, the greenway, the entrance to the wildflower garden, and the Sister Cities sculpture to the west side of the welcome center, and the recommendation presently before Council calls for a 200-foot difference between the east and west sides of the welcome center. He concurred in the motion of the Vice-Mayor because all of the groups are close to reaching a sense of harmony. He spoke in support of Council approving the master plan, that the sculpture garden be located on Mill 3O Mountain, and that the Mill Mountain Advisory Committee, the Roanoke Arts Commission and Roanoke Sister Cities, in a spirit of cooperation, be requested to reach a consensus of opinion on the last 200 feet of their difference. Mr. Parrott called for the question. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White and Wyatt ...... 5, NAYS: Council Member Harris and Mayor Bowers The substitute motion offered by Mr. Trout, seconded by Mr. Whito, to concur in the recommendation of the Mill Mountain Advisory Committee under date of December 1, 1997, was adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout and White .......... 5. NAYS: Vice-Mayor Wyatt and Mayor Bowers UNFINISHED BUSINESS: None. At this point, 4:55 p.m., Council Member Parrott left the meeting. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ' ZONING: Ordinance No. 33658 rezoning 32.68 acres, more or less, identified as Official Tax Nos. 6440117 - 6440119, inclusive, from RM-2, Residential Multi-family, Medium Density District, RS-3, Residential Single-family District, and C-2, General Commercial District, respectively, to C-2, General Commercial District, subject to certain conditions contained in the Third Amended Petition for rezoning filed in the Office of the City Clerk on November 13, 1997, 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 17, 1997, read and adoptad on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: ACTION: (#33658-120197) AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), aa amended, and Sheet No. 644, 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. 60, page 285.) Mr. Trout moved the adoption of Ordinance No. 33658-120197. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Swain, Trout, White, Wyatt and Mayor Bowers 6. NAYS: None 0. (Council Member Parrott was absent.) ZONING: Ordinance No. 33659 amending certain proffered conditions presently binding upon a tract of land containing 13.26t acres, more or less, located on the north side of Herehberger Road, N. W., identified as Official Tax Nos. 6450101, 6450118 and 6450117 (formerly 6450101 and 6450102), which property was previously conditionally rezoned by the Council of the City of Roanoke, pursuant to Ordinance No. 25204, adopted on July 28, t980, subject to certain proffered conditions as shown in the Amended Petition to Change Proffered Conditions filed in the City Clerk's Office on November 13, t997, and as set forth in the report of the City Planning Commission dated November 17, 1997, having previously been before the Council for its first reading on Monday, November 17, 1997, 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: (#3.1,659-120197) AN ORDINANCE to amend ~36.t-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 645, 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. (For full text of Ordinance, see Ordinance Book No. 60, page 287.) 32 ACTION: ACTION: M.r. Trout moved the adoption of Ordinance No. 33659-120t.97. The motion wes seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Swain, Trout, White, Wyatt and Mayor Bowers $. NAYS: Nono (Council Member Parrott was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: POLICE DEPARTMENT: Council Member Swain requested a briefing on the number of major crimes which have been committed in the City of Roanoke during the past calendar year. ACTS OF ACKNOWI_ED.G. EMENT-SCHOOLS: The Mayor commended the William Fleming High School football team which will compete in the State Football Toumament Final Pairings Championship on Saturday, December 6, 1997, at 1:00 p.m., at Norfolk State University in Norfolk, Virginia. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 5:00 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 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 bar 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 wes seconded by Mr. Swain and adopted by the following vote: 33 ACTION: AYES: Council Members Harris, Swain, Trout, White, Wyatt and Mayor Bowere 6. NAYS: None ...... 0. (Council Member Parrott was absent.) COMMn-rEES-YOUTH: The Mayor advised that there is a vacancy on the Youth Service~ Citizen Board created by the resigna~on of Ruth C. Wilison, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Thomas Winn, III. There being no further nominatioos, Mr. Winn was appointed as a member of the Youth Service~ Citizen Board, for a term ending May 31, 2000, by the following vote: FOR MR. WINN: Council Members Harris, Swain, Trout, White, Wyatt and Mayor Bowers ..... (Council Member Parrott was absent.) COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that the terms of office of Ronald H. Miller, Charles W. Hancock, I_ular R. Lucky, Allen T. Clark, William E. Skeen and Joseph F. Nash, Jr., as members of the Roanoke Neighborhood Partnership Steering Committee expired on November 30, 1997, and called for nominations to fill the vacancies. Mr. Harris placed in nomination the names of Ronald H. Miller, Charles W. Hancock, Lular R. Lucky, Alien T. Clark, William E. Skeen and Joseph F. Nash, Jr. There being no further nominations, Ronald H. Miller and Charles W. Hancock were reappointed for terms of one year each ending November 30, 1998, and Lular R. Lucky, Allen T. Clark, William E. Skeen and Joseph F. Nash, Jr., were reappointed for terms of three years each ending November 30, 2000, as members of the Roanoke Neighborhood Partnership Steering Committee, by the following vote: 34 ACTION: FOR MS. LUCKY AND MESSRS. MILLER, HANCOCK, CLARK, SKEEN AND NASH: Council Members Harris, Swain, Trout, White, Wyatt and Mayor Bowere $- (Council Member Parrott was absent.) COMMITTEES-HUMAN DEVELOPMENT: The Mayor advised that the term of office of Bernice F. Jones as a member of the Advisory Board of Human Development expired on November 30, 1997, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Bernice F. Jones. There being no further nominations, Ms. Jones was reappointed as a member of the Advisory Board of Human Development, for a term ending November 30, 200t, by the following vote: ACTION: FOR MS. JONES: Council Membere Harris, Swain, Trout, White, Wyatt and Mayor Bowers (Council Member Parrott was absent.) BUDGET-COUNCiL: Without objection by Council, the .M. ayor requested that the City Clerk confer with the Members of Counc,i with regard to establishing a date in early January/February 1998, for the Council's Financial/Planning Workshop. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. There being no further business, the Mayor declared the meeting adjourned at 5:45 p.m. APPROVED ATTEST: ~ Mary F. Parker Dav,d A. Bowers City Clerk Mayor 35 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL December 15, 1997 12:15 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, December t5, 1997, at 12:15 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, ~ of Section 2-15, ~d~ Code of the City of Roanoke (1979), aa amended. 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 7. ABSENT: None OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; W',lbum C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Ma~y F. Parker, City Clerk. At 12:t7 p.m., the Mayor declared the meeting in recess. LEGISLATION: At 1:00 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room 159, Municipal Building, 215 Church Avenue, S. W., with Mayor Bowers presiding and all Members of the Council in attendance. The meeting was a joint session of Council and the Roanoke City School Board and Senator John S. Edwards, Delegates A. Victor Thomas and Clifton A. Woodrum, III, to discuss the City's 1998 Legislative Program. ROANOKE CITY COUNCIL MEMBERS PRESENT: C. Nelson 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 ROANOKE CITY SCHOOL BOARD TRUSTEES PRESENT: Harw F. Davis, Charles W. Day, F. B. Webster Day, Mareha W. Ellison, Sherman P. Lea and Brian J. Wishneff .~. ROANOKE CITY SCHOOL BOARD TRUSTEES ABSENT: Melinda J. Payne-1. 34 36 ROANOKE CITY OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchis, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Man/F. Parker, City Clerk. ROANOKE CI1~ SCHOOL BOARD OFFICERS PRESENT: E. Wayne Harris, Superintendent of Roanoke City Schools; Richard L. Kelley, Assistant Superintendent for Operations; and Cindy Ramsuer, Secretary to the Superintendent and Clerk to the Board. OTHERS PRESENTS: Senator John S. Edwards, Delegate A. Victor Thomas, Delegate Clifton A. Woodrum, III, Thomas A. Dick, Legislative Liaison; Willard N. Claytor, Director, Real Estata Valuations; Robert H. Bird, Municipal Auditor; Kit B. Kiser, Director of Utilities and Operations; George C. Snead, Jr., Director of Public Safety; William F. Clark, Director of Public Works; and Glenn D. Radcliffe, Director of Human Development. The Mayor advised that the 1998 Legislative Program is a combined program of City Council and the Roanoke City School Board, the City Council's portion having been prepared by the City's legislative liaison, Thomas A. Dick, and the City Attorney with the assistance of comments and suggestions by Council Members, City administrators, and citizens. He stated that the School Board's portion was prepared by Ric .h.~rd L. Kelley, Assistant Sup. e. rinte.ndent for O. peretions, who also serves as legislative liaison for the school division with the assistance .of advice and comments by the School Board and School administrators. He advised that the entire program is recommended by City Council's Legislative Committee consisting of William White, Sr., Chair, Linds F. Wyatt, John H. Parrot'(, Brian J. Wishneff and F. B. Webster Day. He explained that the program was adopted by the City Council on November t7, 1997, and consists of three parts: (t) policy statements, (2) key issues and legislative propossls for the City, and (3) legislative positions as to specific matters that may or may not arise at the 1998 Session of the General Assembly. He noted that if, during the course of the Session, legislators have questions concerning the position of the City or the School Board on legislative matters, they are encouraged to contact the City's legislative liaison. He commended the 1998 Legislative Program to Senator Edwards and Delegates Thomas and Woodrum. On behalf of the School Board, Chairperson Ellison expressed appreciation for the opportunity to meet with the City's representetivss to the General Assembly. She also expressed appreciation for past support in the last biennium when the school division received $5.1 million to be used for specific projects such aa reducing class sizes, school technology, and increasing teacher salaries. Mr. Dick presented highlights of the 1998 Legislative Program. He called attention to several key items; viz: (1) Personal Property Taxation, (2) Higher Education Center, (3) Public Right-Of-Way - Telecommunications Services, (4) Transportation Funding (mass transit), and (5) Regional Competitiveness Act. With regard to the personal property tax, Mr. Dick advised that personal property tax revenue in the City of Roanoke for the t997-98 budget is $20.5 million, or 13% of the total budget; the personal property tax is the City's second largest revenue source; protecting local revenue sources has become more and more vital to local govemments because they derive less of their revenue from the Federal and State governments than was formerly the case; and any repeal or modification limiting this tax would adversely affect the ability of local governments to fund critical services. He stated that it is unlikely that the Stats can afford more than one billion dollars per year to reimburse localities for loss of personal property tax revenues; the Stats has been unable to carry through on its previous obligations to localities many times in the past; for example, the State has paid localities $420 million less than it committed to under House Bill 599 (Police Block Grants) since t981; and any modification of local taxing authority should only enhance local government's ability to meet funding needs and not further restrict local officials. Mr. Dick advised that the higher education center has long been recognized as a critical component for economic development; the higher education infrastructure of the Roanoke Valley is presently inadequate to meet the ares's needs and to support economic growth; and a higher education center, providing for-credit programs and much needed workforce preparation and technology training (not-for-credit programs), is critical to the region. He added that the Stets Council for Higher Education in Virginia (SHEV) has recently recognized the need for additional education and worker training in the Roanoke region; in a legisistively authorized study, SHEV dete~,,,;ned that "...the workforce development needs of the region cannot be served by a single institution such as Virginia Western Community College; the many organizations that provide and house workforce development programs need coordination through an approach that 'brokers' the needs of the marketplace to the program providers;" and the study further concludes that there "is a need for a higher education center in the Roanoke Valley". He explained that a 1995 study, also authorized by the General Assembly, determined that renovating the former Norfolk & Western headquarters building in Roanoke was cost competitive, in comparison with new construction, to house such an education/training center; State funding, matched in part from local sources, is necessary to establish the Center, which will meet the higher education infrastructure needs of the Roanoke Valley well into the 21st century; and the General Assembly is urged to adequately fund this important Roanoke based center. ROANOKE CITY OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritohis, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Gri~so, Director of Finance; and Mary F. Parker, City Clerk. ROANOKE CIT~ SCHOOL BOARD OFFICERS PRESENT: E. Wayne Harris, Superintendent of Roanoke City Schools; Richard L. Kelley, .Assistant Superintendent for Operations; and Cindy Ramsuer, Secretary to the Supenntendent and Clerk to the Board. OTHERS PRESENTS: Senator John S. Edwards, Delegate A. Victor Thomas, Delegate Clifton A. Woodrum, III, Thomas A. Dick, Legislative Liaison; Willard N. Claytor, Director, Real Estate Valuations; Robert H. Bird, Municipal Auditor; Kit B. Kiser, Director of Utilities and Operations; George C. Snead, Jr., Director of Public Safety; William F. Clark, Director of Public Works; and Glenn D. Radcliffe, Director of Human Development- The Mayor advised that the 1998 Legislative Program is a combined program of City Council and the Roanoke City School Board, the City Council's portion having been prepared by the City's legislative liaison, Thomas A. Dick, and the City Attorney with the assistance of comments and suggestions by Council Members, City administrators, and citizens. He stated that the School Board's portion was prepared by Richard L. Kelley, Assistant Superintendent for Operations, who also serves as legislative liaison for the school division with the assistance of advice and comments by the School Board and School administrators. He advised that the entire program is recommended by City Council's Legislative Committee consisting of William White, Sr., Chair, Linde F. Wyatt, John H. Parrott, Brian J. Wishneff and F. B. Webster Day. He explained that the program was adopted by the City Council on November t7, 1997, and consists of three parts: (1) policy statements, (2) key issues and legislative proposals for the City, and (3) legislative positions as to specific matters that may or may not arise at the 1998 Session of the General Assembly. He noted that if, during the course of the Session, legislators have questions concerning the position of the City or the School Board on legislative matters, they ara encouraged to contact the City's legislative liaison. He commended the t998 Legislative Program to Senator Edwards end Delegates Thomas and Woodrum. On behalf of the School Board, Chairperson Ellison expressed appreciation for the opportunity to meet with the City's representatives to the General Assembly. She also expressed appreciation for past support in the last biennium when the school division received $5.1 million to be used for specific projects such as reducing class sizes, school technology, and increasing teacher salaries. Mr. Dick presented highlights of the 1998 Legislative Program. He called attention to several key items; viz: (1) Personal Property Taxation, (2) Higher Education Center, (3) Public Right-Of-Way - Telecommunications Services, (4) Transportation Funding (mass transit), and (5) Regional Competitiveness Act. With regard to the personal property tax, Mr. Dick advised that personal property tax revenue in the City of Roanoke for the 1997-98 budget is $20.5 million, or 13% of the total budget; the personal property tax is the City's second largest revenue source; protecting local revenue sources has become more and more vital to local govemmenta because they derive less of their revenue from the Federal and State governments than was formerly the case; and any repeal or modification limiting this tax would adversely affect the ability of local govemmenta to fund critical services. He stetro] that it is unlikely that the State can afford more than one billion dollars per year to reimburse localities for loss of pereonsl property tax revenues; the State has been unable to carry through on its previous obligations to localities many times in the past; for example, the State has paid localities $420 million less than it committed to under House Bill 599 (Police Block Grants) since 1981; and any modification of local taxing authority should only enhance local government's ability to meet funding needs and not further restrict local officials. Mr. Dick advised that the higher education center has long been recognized as a critical component for economic development; the higher education infrastructure of the Roanoke Valley is presently inadequate to meet the area's needs and to support economic growth; and a higher education center, providing for-credit programs and much needed workforce preparation and technology training (not-for-credit programs), is critical to the region. He added that the State Council for Higher Education in Virginia (SHEV) has recently recognized the need for additional education and worker training in the Roanoke region; in a legislatively authorized study, SHEV determined that "...the workforce development needs of the region cannot be served by a single institution such as Virginia Western Community College; the many organizations that provide and house workforce development programs need coordination through an approach that 'brokers' the needs of the marketplace to the program providers;" and the study further concludes that there "is a need for a higher education center in the Roanoke Valley". He explained that a 1995 study, also authorized by the General Assembly, determined that renovating the former Norfolk & Western headquarters building in Roanoke was cost competitive, in comparison with new construction, to house such an education/training center; State funding, matched in part from local sources, is necessary to establish the Center, which will meet the higher education infrastructure needs of the Roanoke Valley well into the 21st century; and the General Assembly is urged to adequately fund this important Roanoke based center. Mr. Dick addressed the issue of public rights-of-ways and advised that the Federal Telecommunications Act, adopted in 1996, has LSd to rapid changes and fostered additional competition in the tslocommunications industry; in Virginia, local governments have ~cc.n besieged by many segments of the telecommunications industry seeking to use the public rights-of-ways for construction or upgrade of their facilities; local exchange tslephone companies, long distance carriers, competitive access providers, competitive local exchange companies and cable television operators all seek to install fiber optic systems in the public rights-of-way; continual opening and closing of the streets reduces their life and causes inconvenience to the public; private facilities also often come into conflict with and cause disruption to publicly owned water, sewer and storm drainage facilities; and the public is also concerned that the aesthetics of public rights-of-way be maintained. He explained that the Federal Act protects the right of local governments to receive fair and reasonable compensation from the tolocommunications industry for the use of public rights-of-way; the Act also allows local governments to impose nondiscriminatory requirements relating to street use, such as street opening or rights-of-way permits, bonding, insurance and indemnity requirements; the General Assembly is monitoring discussions between the telecommunications industry and local governments to develop legislation on the matter for the 1998 General Assembly; and the legislature is urged to protect the fundamental rights of local govemmenfa to manage their rights-of-way and to receive fair and reasonable compensation for the use of public rights-of-way by private industries. Mr. Dick discussed transportation, including mass transit funding, and advised that mass transit is critical to a large number of citizens of the Roanoke Valley; there are citizens who require maes transit for transportation to their jobs, medical and professional appointments and for shopping; not only is mass transit critical to those citizens, but it is also vital to Large employera whose workforces rely on Valley Metro for transportation to the workplace and to retail businesses and medical facilities whose customers and patients patronize Valley Metro. He called attention to studies of the Commonwealth's transportation needs and funding sources which confirm that there is a widening gap between needs and the funding available to meet those needs; the State's current transportation program cannot keep up with growing needs ststswide; adequate funding is critical to keep Virginia's transportation system viable and responsive to increasing economic development, workforce, tourism, and quality of life issues; and funding for new initiatives should be made in addition to existing funding arrangements to meet intermodal and inter- regional needs. He explained that while increased Federal funding may narrow the gap, it is clear that the Stats must re-examine and adjust its funding sources and commitments as well; public-private initiatives must play a role as well; and ensuring adequate funding and planning for Virginia's growing needs may be accomplished through a number of means, including the following: Adjusting fund sources, such as the motor fuels tax, to keep pace with inflation; Imposing moderate increases in state tzansportation-related taxes and fees, including the motor fuels tax, the road use tax, the motor vehicle sales and use tax, motor vehicle license fees and motor vehicle rental tax; Authorizing more options for using long-term financing for major transportation projects; Authorizing, at the request of regions, the creation of Regional Transportation Districts with the ability to impose, without referendum, up to two per cent motor fuels tax, dedicated to transportation funding; Seeking equity among various road users by ensuring that trucks pay their propordonate share of road costa; Se Promoting mass transit solutions on a regional and stetewide basis. With regard to Regional Compatitivenees Act funding, Mr. Dick advised that the 1996 Session of the General Assembly enacted the Regional Competitiveness Act which establishes a formula and machinery for dis~bution of incentive funding to local governments that implement joint activities; the Act was initially funded with a $3 million appropriation and $5 million from the Govemor's Opportunities Fund; and the t997 General Assembly appropriated an additional $3 million to fund the Act. He noted that the General Assembly is urged to increase funding for the Regional Competitiveness Act to make it a viable program; adequate funding is needed for local govemmente to be able to pursue substantive regional initiatives; and sufficient and propordonsl funding should be provided to all regions of the State. (For full text, see 1998 Legislative Program on file in the City Clerk's Office.) Mr. Wishneff reviewed highlights of the School Board's pordon of the Legislative Program, and advised that the legislative priorities of the Roanoke City School Board are for the State to: 4O · Improve its share of funding public education, · Address inconsistencies in the State Department of Education's new Standards of Learning and Standards of Accreditation that penalize schools and children, Require the Stats Department of Taxation to properly record a Iocality'a reported pereonal adjusted gross income, e e Maintain flexibility in the local taxes that may be assessed by Virginia localities in accordance with their fiscal needs, · Enhance funding of school capital outlay projects. Additionally, Mr. Wishneff advised that the General Assembly should continue its emphasis on reducing disparity as it relates to student performance; the State should set a goal of reaching the national average teacher salary by the end of the next biennium; accountability for school and student perfo,',ttance has become an issue of vital importance to the State and to the locality, and the General Assembly is encouraged to review the accreditation standards in order to ensure that they do not penalize any school or student because of demographic differences in terms of fumily income and baseline student achiev~.m~..nt; r~ent information re~ived by the City from the Ststs Deparlment of Taxation ,ndlcatss that the value of,.th..e comp .o.s......its index for urban localities may be too high relative to suburban Iocahties resulting in a reduced share of State funding for cities, therefore, the General Assembly is requested to adopt legislation to require the Stats Department of Taxation to correct the errors in recording adjusted gross income and to hold localities harmless for any loss of State revenue during the next biennium. He pointed out that several proposals have been advanced by State candidates for public office regarding the reduction or revocation of the personal property tax; Roanoke City allocates about $7.5 million of its personal property tax receipts to public education; the elimination or reduction of the tax would have severe long-term fiscal consequences for local schools; the General Assembly must maintain local governments' taxing authority if adequate financial support of public schools is to continue; and legislation must not be adopted that reduces the Iocality's taxing powers. He explained that the inadequacy of State funding for school construction needs is readily apparent in Roanoke City; the City schools need approximately $30.0 million in capital funds to meet school capital needs during the next five years; these capital projects include school renovation, additional classrooms and physical education facilities, instructional technology enhancements, and air conditioning improvements; and State capital funds through the Stats Literary Loan fund are available to fund only 55 per cent of the total requirement- He advised that Statewide, over $4.0 billion in 41 unfunded school capital requirements exist with only about $110 million available annually from the Literary Fund to meet these needs, which doe~ not include the potential need for additional classroom space if the State continues to fund further reductions in class size; and the General Assembly should adopt legislation to create a school construction fund to finance direct grants for school construction needs, particularly for school districts that must add classroom space to implement class size initiatives. Mr. Wishneff also presented information on the Roanoke City Public Schools FY 1998-2000 Legislative Program including Legislative Outcomes FY 1998-98 Biennium; Teachers Salaries, FY 1998 which shows the national average at $39,664.00, the Stata average at $36,8t2.00, and Roanoke City average at $39,012.00; Roanoke City School Board FY t998-2000 Biennium Objectives; Legislative Priorities, FY 1998-2000 Biennium; Legislative Outcomes, FY 1998-2000 Biennium, and Legislative Impact, FY 1998-2000. (See outline on file in the City Clerk's Office.) Delegate Thomas advised that Roanoke's mprssentatives to the 1998 Session of the General Assembly will work to the best of their ability to hold the Higher Education Center as the number one priority. He called attention to a budget amendment that he intends to sponsor in regard to an increase in school maintenance funds. Relative to the small business incubator program, he stated that legislation has been passed, however, localities will have to invest funds, and it will be up to the General Assembly to include funds in the next biennium for small business incubators. He added that it is hoped to take the matter out of the political arena by allowing the business community and others to make the final decision on which localities establish incubators. With regard to the regional partnership, he advised that he will work toward an appropriation of funds, he would hope that Richmond and Roanoke will be the first localities in line during the next funding cycle, and he would be pleased if Roanoke receives $t2 million. He called attention to an amendment which he is sponsoring regarding the Governor's School, and it would be hoped to increase funding by the same amount that Basic Aid was increased, which would provide for a minimum of approximately seven per cent across the state. He commended the importance of school health nurses who address prevention efforts in the schools. Delegate Woodrum advised that Roanoke's delegation of the General Assembly will pay close attention to the needs of Roanoke City, keeping in mind the problem with the telecommunications industry using the City's righta-of-way. He stated that the City owns its rights-of-way and should be entitled to a fair return on the use thereof. In regard to the proposed personal property tax reduction, he 42 advised that at this juncture he could not determine what the proposal is or how much it will cost, and some form of car tax will pr.,o, bably be passed, although the form is difficult tu predict. He stressed that the City s representatives are interested in ensuring that whatever happens doss not act to the detriment of the Commonwealth's hard pressed localities. In regard to eduration, Mr. Woodrum advised that his goal will be to continue efforts to reduce the school classroom size and to increase teacher salaries to the national average. He railed attention to recent school renovations and encouraged the citizens of Roanoke to take note of the positive relationship that exists between City Council and the School Board regarding the maximum use of funds to address school renovation needs. He advised that Huff Lane Micro Village is a prime example of what can be done with school technology enhancements. Senator Edwards advised that the key issue facing the General Assembly is the question regarding the personal property tax; however, no one knows what will happen since there are varying degrees of poeeibilitiss and how they will effect localities, and in order to keep faith with the citizens, the car tax must be dealt with in a responsible manner. In regard to the Higher Education Center, he stated that the General Assembly has not heard the position of Governor-Elect Gilmore, but he is hopeful that the General Assembly will keep the $9.0 million in the budget for Roanoke's the higher education center. He noted that Roanoke and other urban areas in the Commonwealth have a keen interest in mass transit, and he would like to maintain the mass transit component in the transportation study because it ties in with welfare reform and is important to the overall economy. He expressed appreciation to the Mayor for his support of the Regional Competitiveness Act. In regard to education, he stated that because of the controversial nature of the SOA's and the SOL's, some legislation will be enacted. He expressed appreciation to the School Board and to Council Member Harris, a former member of the School Board, for their action in regard to the placement of nurses in the schools. With regard to dental care for children, he stated that because of Iow funding by Medicaid, most dentists will not administer to children who receive Medicaid, therefore, more Medicaid funding is needed for children's dental care, the lack of which leads to health problems and increased school absenteeism. On behalf of the Members of Council and the School Board, the Mayor presented Senator Edwards and Delegates Thomas and Woodrum with a token of appreciation, a City Seal paper weight. At t:55 p.m., the Mayor declared the meeting in recess until 2:00 p.m., in the City Council Chamber. 43 At 2:00 p.m., on Monday, December 15, 1997, 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 John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linde F. Wyatt, C. Nelson Harris and Mayor David A. Bowers 7. ABSENT: None OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attomey; James D. Grieeo, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend Joseph C. Trials, Associate Minister, Jerusalem Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The Mayor advised that all matters listed under the Consent Agenda warn 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 Tuesday, September 2, 1997, and Monday, September 22, 1997, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) 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. Swain and adopted by the following vote: ACTION: ACTION: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: None 0. 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)(t), Code of Virginia (1950), aa 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 committess appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginis (1950), as amended. 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,, O. TRAFFIC-ZONING-SIDEWALK/CURB AND GUTTER-SCHOOLS: A report of the City Manager with regard to extension of the sidewalk along Hershberger Road, N. W., in connection with the rezoning request of Home Depot' Inc., was before Council. Mr. White moved that the report be removed from the Consent Agenda for discussion as a separate item. The motion was seconded by Mr. Swain and unanimously adopted. ARMORY/STADIUM-SCHOOLS: A report of the City Manager advising that at a regular meeting of Council on Monday, November 17, 1997, Mr. Jeffrey Artis requested that Council investigate a variety of matters regarding the relationship between the City and the public school system as to athletics; in particular, his request focused on rent for the use of Victory Stadium and the Roanoke Civic Center for sporting events, concession operations at Victory Stadium and the 45 Roanoke Civic Center, and a commitment from Council to assist the Roanoke City Schools with increasing revenues by either constructing or renovating a football stadium; and Council referred the request to the City Manager for report within 30 days. It was further advised that the purpose of the correspondence is to provide Council with an interim report regarding the initial analysis of the issue; after review, it became apparent that the issue speaks to a much broader matter regarding high school athletics and the relationship of the school system with the City; in order to fully assess the impact of the current relationship, school officials and representatives of the City will meet in late December to analyze costa associated with access to all facilities; and it is expected that the analysis will continue into 1998-99 budget study which will allow City staff to make recommendations for review at that time. ACTION: 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 Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: None 0. COMMITTEES-GREENWAY SYSTEM: A communication from Elizabeth Belcher, Roanoke Valley Grsenway Coordinator, transmitting a communication from Delvis O. "Mac" McCadden tendering his resignation as a City representative to the Roanoke Valley Grssnway Commission, effective immediately, 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, and that the resignation be accepted. 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. 46 ACTION: COMMITTEES-ME.NTAL HEALTH SERVICES-BLUE RIDGE COMMUNI..TY SERVICES. A co..mmunication fi. om Dr..Fred P. Roe,el, ! Jr., Executive Director, Blue R,dge Commun,ty Serv,ces, requesting Council'a concurrence in the reappointment of Rita J. Gliniecki as an at-large member of the Blue Ridge Community Services Board of Directors, for a term ending December 31, 2000, was before the body. It was explained that the bylaws require that at-large members be recommended by the Board to the five participating localities, and all five local govemmente must concur in the recommendation in order to confirm an appointment. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the recommendation for resppointment of Rite J. Gliniecki as an at-large member of the Blue Ridge Community Services Board of Directors. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowsre 7. NAYS: Nono O. HEARING OF CITIZENS UPON PUBLIC MATTERS: TRAFFIC-ZONING-SIDEWALK/CURB AND GUTTER-SCHOOLS: A report of the City Manager with regard to extension of the sidewalk along Herehberger Road, N. W., in connection with the rezoning request of Home Depot, Inc., was before Council. - ~ The City Manager advised that at the Council meeting on November 17, 1997, Council Member White expressed concern with regard to safety issues in connection with the request of Home Depot, U.S.A., Inc., in which he inquired if plans exist to extend the sidewalk on Hershberger Road from Cove Road toward Peters Creek Road and likewise on Cove Road from Lafayette Boulevard toward Peters Creek Road; in response to the request, City staff has begun to evaluate the nc. cd for sidewalk extensions along Hershberger Road and Cove Road; and a number of issues nccd to be considered in the evaluation, which include the following: Actual location of proposed sidewalk and~whether curb, gutter and related storm drainage facilities would be needed as well; Availability of right-of-way; Cost estimate and availability of funding; Impact upon long range plane for widening Herehberger Road; and Whether there is a need to only construct certain segments of temporery sidewalk. It was further advised that once these issues are fully evaluate<l, a report will be submitted to Council within 90 days. (For full text, see report on file in the City Clerk's Office.) Mr. White advised that the matter originated in regard to the rezoning request of the Home Depot USA on Hershberger Road, N.W. He stated that it was bought to the attention of the City Manager that with an increase in traffic as a result of the construction of the Home Depot facility, the lack of sidewalks for pedestrian use would become a greater problem. As a result, he further stated that he requested the City Manager to immediately review the necessary improvements to provide sidewalk, curb and gutter to address pedestrian traffic. He expressed concern that the City's action is not being properly coordinated with the movement of Home Depot to develop the property, and expressed further concern that Home Depot could open its new facility before the City has completed the necessary pedestrian safety enhancements. He requested that the City Manager report to Council within 30 days. The Assistant City Manager explained that there is a considerable amount of work to be done, and City staff will submit a progress report to Council within 30 days. ACTION: ACTION: The Mayor inquired as to the projected data for openin.g, the new Home Depot USA store; whereupon, the Di.re.ctor of Pubhc Works advieed that the information will be included*,n the City Manager's progress report to Council. Vice-Mayor Wyatt requeetad that the City Manager's report also include a timeline on completion of the work. Without objection by Council, the Mayor advised that the matter will be referred to the City Manager for report to Council at its meeting on Tuesday, January 20, t998. VIRGINIA MUNICIPAL LEAGUE-COUNCIL: Elizabeth McDonald, Director of Marketing end Member Services, Virginia Municipal League, advised that Roanoke City has a long and active history with the Virginia Municipal League and Roanoke was one of approximately 12 Iocelitias that joined together in 1905 to found the League when it was realized that local govemmenta in Virginia needed a unified voice in dealing with the General Assembly. She stated that Roanoke has the distinction of having the meet past presidents of the League of any other locality in Virginia, and expressed appreciation for the City's support and participation in the Virginia Municipal League. She advised that her purpose in appearing before Coun.cil was to inquire about how the VML can make Roanoke's membersh;p more valuable. Mr. White advised that regional subcommittee meetings are traditionally held in Richmond and suggested that the VML consider holding some of its regional meetings in the City of Roanoke. He commended the VML for the informative material that it provides to member localities. Vice-Mayor Wyatt suggeetad that a "showcase on Iocalitiss" be featured at upcoming Annual Meetings of the League. The Mayor suggested that the VML have its own web-~ita on the Intamet. Without objection by Council, the Mayor advised that the remarks of Me. McDonald would be received and filed. HIGHER EDUCATION CENTER: Warner N. Dalhouse, Spokeepereon, Destination Education, advised that he represented over 70 members of the business community who underetand the value of workforce training for the future of the City of Roanoke. He stated that the Higher Education Center is an unique concept in which 12 schools have expressed an interest in Destination Education as envisioned in the former Norfolk Southern General Office building acrmm the street from The Hotel Roanoke, where credit and non-credit cour~ss and continuing education in workforce training will be offered. He presented an update on significant developments in regard to Destination Education, and advised that' on October 10 the State Council on Higher Education, by unanimous vote, approved the project and validated its need at the proposed location. He explained that all members of the General Assembly from this region have strongly endorsed the concept and have been actively involved in promoting efforts so that the remainder of the General Assembly will understand the project. He called attention to meetings with*representativee of the Local Branch of the NAACP, and representatives of the Gainsboro neighborhood and the black community in general where numerous ideas have emerged, viz: (1) that the training which is conducted in the Higher Education Center will be specifically directed so that those persons will have a better than expected opportunity to turn their training into a specific job, and (2) that an attempt be made to attract historically black colleges from the Commonwealth of Virginia to provide for better representation in the Higher Education Center. Without objection by Council, the Mayor advised that the remarks of Mr. Dalhouse would be received and filed. ACTION: W',thout objection by Council, the Mayor advised that the remarks of Mr. Dalhouee would be received and filed. PETITIONS AND COMMUNICATIONS: WATER RESOURCES: A communication~rom Mayor David A. Bowers, Vice-Mayor Linda F. Wyatt and Council Member James O. Trout, with regard to questions about the use of Carvins Cove, was before Council It was advised that although there is a great need to maintain Carvins Cove in its natural state and to protect the City's water source, there is increasing interest for public use as well; and in order that the City might explore the best watershed land use plan and complementary public use resulting in careful pr..otection of this .~- I valuable natural resource, Mayor Bowers and Council Members Trout _ and Wyatt proposed that Council appoint a seven-member advisory panel of City citizens to study the appropriate and careful protection of the Csrvins Cove Watershed. The requested that the City Manager be directed to assist the committee with internal or external studies, and provide the committee with cccded access to information regarding watershed protection and recreation opportunities; and that the Adminis~,a§on work hand in hand with the committee to provide citizens of Roanoke with all the information necessary to reach an agreement on-a satisfactory future master watershed use plan. (For full text, see communication on file in the City Clerk's Office.) Mr. White advised that he would like to make his comments before a motion is introduced for discussion. He stated that he disagreed with the recommendations; that the City has a Water Resources Committee which includes five members of Council, and the Water R. esources Committee has traditionally addressed issues relating to CSrvlns Cove. He questioned the need for a seven-member advisory committee which would consist of only City residents when City Council waives the City residency requirement for serving on City committees as necessary. He called attention to numerous vacancies currently existing on City committees because it is difficult to identify persons who are willing tu serve, therefore, he questioned the need for creating another committee. He stated that City Council has not explored or identified existing problems at Carvins Cove, and the three members of Council who sponsored the letter have acted in a premature manner, because the entire Council should engage in a discussion prior to taking action. Mr. Trout moved that Council concur in the communication. The motion was seconded by Ms. Wyatt. Mr. Swain expressed concern that Council appoints members to approximately 77 boards, commissions and committees, and another advisory committee is currently being proposed. He stated that the 5! entire Council did not have input into the recommendation, and the matter should be referred to the Water Resources Committee for report to Council. Mr. Parrott concurred in the remarks of Mr. Swain and Mr. White, and advised that the principle question is recreational use of Carvins Cove. He stated that the matter could be referred to the City's Department of Park~ and Recreation for report to Council. Mr. Harris inquired if the proposed advisory committee, or the process of a study, will interfere with currant negotiations with the National Park Service regarding the Appalachian Trail and the use of Carvins Cove. The Mayor advised that his good faith intention, along with Vice- Mayor Wyatt and Council Member Trout, was to address inquiries and to initiate a process to move the matter forward with a consensus by Council. He stated that he would not be opposed to further discussion of the matter by the entire Council. Mr. White moved that the motion be tabled. The motion was seconded by Mr. Swain and lost by the foll~wing vote: I AYES: Council Members Parrott, Swain and White 3. NAYS: Council Mayor Bowers Members Trout, Wyatt, Harris and 4. Mr. William H. Lamson, 4226 Lake Drive, S. W., addressed Council in hie capacity as a citizen, a taxpayer, and a member of an Ad Hoc Committee of the Roanoke Appalachian Trail, and inquired about current negotiations between the City and the National Park Service concerning the Appalachian Trail which extenda across the ridgeline of Carvins Cove property, He asked if the proposed advisory committee will jeopardize the continuing negotiations between the City and the National Park Service. Mr. Wesley Best, 102 Hounds Chase Lane, S. W., advised that there is a recognizable lack of outdoor recreational activities both in Roanoke City and in Roanoke County, which was confirmed in the Virginia Outdoors Plan of 1996, and recreational use of Carvins Cove is limited in 75 per cent of the property. He stated that the question to 52 be answered is, if Carvins Cove is opened to biking, horseback riding or bicycling, will the water supply ~ damaged. He stated that there a...m proven locations throughout the United States and the Commonwea,m of Virginia where such recreational uses have worked. He called attention to the fact that there is no place in Roanoke City where a person can participate in mountain biking, although it is one of the moat popular outdoor activities at this time. He advised that in his capacity as Chair of the Blue Ridge Bicycle Club Mountainbike Committee, he would be in favor of opening Carvins Cove to mountainbike racing, and volunteered to serve on the proposed citizens advisory committee. He stressed the importance of appointing a committee and that every user group be represented. Mr. Trout moved that the matter be referred to the Water Resources Committee and that all Members of Council be invited to participate in the discussions. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, Wyatt and Mayor Bowers 5. NAYS: Council Members White and Harris . 2. BUDGET.GRANTS-SCHOOLS: A comm.un!cation from the -" Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. Grant No. 6972 - $4,700.00 for the Tutors for Success Program at Forest Park New American School to provide academic support to educationally at-risk students. The Program will prepare students academically to enter the middle school grades, will initiate a comprehensive training program for parents to support the academic effort of their children, and will increase community involvement in schools. The continuing program is 100 per ~:ent reimbursed by a grant from Central Fidelity Bank. Grant No. 6702 - $5,500.00 for the 1997-98 Adult Measure of Essential Skills (AMES) Program to provide funds for the purchase of the AMES assessment tdol which will be used to evaluate adults for placement in adult learning programs. The new program will be funded by State funds. 53 ACTION: It was further advised that the School Board requests appropriation of $76,1tt.00 in proceeds from the t997-98 Capital Maintenance and Equipment Replacement Program to provide funds for the athletic fund deficit reduction, athletic grounds improvements, vehicle replacement for transportation, facility improvements at Forest Park Elementary School, Roanoke Academy, Breckinridge Middle School, and Patrick Henry High School, roof design for Fishburn Park Elementary School, and roof repairs at William Fleming High School. A report of the Director of Finance recommending that Council concur in the request of the School Board, advising that among other things, the request will appropriate $76,111.00 from the School portion of the Capital Maintenance and Equipment Replacement Program, which is the third appropriation of the School Board's t997 fiscal year CMERP funding of $1,877,074.00, leaving an unappropriated balance of $826,322.00. (For full text, see communication and report on file in the City Clerk's O~ice.) Mr. Trout offered the following emergency budget ordinance: (~3367t-12t597) AN ORDINANCE to amend and reordain certain sections of the 1997-98 School and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 306.) Mr. Trout moved the adoption of Ordinance No. 33671-121597. 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 .. BUDGET*LOANS-SCHOOLS: A communication from the Roanoke City School Board requesting that Council approve a State Literary Fund loan application, in the amount of $5.0 million, for the Addison Middle School reconstruction project, which loan application would include resolutions for architectural supervision and a site waiver; and 54 ACTION: the debt service on the loan will increase the School Board's debt eewice expendi~re bY $450,000.00 in fiscal year 1999-2000, but no debt ~ I service liability is incurred until funds are drawn against the loan account, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33672-121597) A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for replacing Addison Middle School with a new structure. (For full text of Resolution, see Resolution Book No. 60, page 308.) Mr. Trout moved the adoption of Resolution No. 33672-121597. 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. REPORTS OF OFFICERS: CI ,"( MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-COMMUNICATIONS DEPARTMENT: The City Manager submitted a written report advising that on May 12, 1997, Council concurred in the development of a regional 800 MHz trunked radio system for Roanoke City and Roanoke County, which regional project was included in the City Manager's recommended budget for fiscal year 1997-98 as a supplemental budget item; and Council adopted the budget on that date. It was further advised that the staffs of Roanoke City and Roanoke County have negoUatad a recommended contract with Motorola, Inc., for development of a regional trunked 800 MHz radio system; contract details include installation of fixed network equipment (radio systom infrastructure such as repsstam, microwave links and antenne systems) by February 1999, with phased delivery of all subscriber equipment {radios) by July 1.999 for installetion by December t999; total negotiatod system cost m $6,886,847.00; Roanoke County's shem of system cost is $881,949.00 and the City's share of the total cost i~ $6,004,898.00; and Roanoke City and Roanoke County staffs have elso negotiated a recommended intergovernmental agreement which addresses the following regional system issues: Duration of agreement, System construction and financing, Ownership of system assets, Replacement of system assets, i System management and maintenance, Insurance of equipment, System radio capacity, and Termination of agreement. It was explained that recommended funding sources for the City's share of project costs am as follows: Lease-purchase agreement 1997 General Obligation Bonds Nursing Home operating supplement General Fund (including an increase in the E-911 surcharge tax rata to $1.45) Proprietary Fund retained earnings Nursing Home residual equity $2,544,154.00 1,250,000.00 1,000,000.00 1,581,860.00 585,780.00 260,000.00 The City Manager recommended that Council concur in the following actions: Authorize the City Manager to execute a contract with the County of Roanoke a.n.d Motorola, Inc., in the total amount of $6,886,547.00, v~..th the City's ahare of the total being $6,004,898.00, and Roanoke County's share being $881,949.00; Authorize the City Manager to execute a lease purchase agreement with Motorola Credit Corporation, in the amount of $2,~=~.~.,154.00; and Adopt a proposed ordinance authorizing the Director of Finance to establish a new Capital Project account entitled, "Regional Radio System", appropriate $5,315,341.00 for the partial funding of the project, and establish a project contingency, in the amount of $336,370.00, from the following funding sources, totaling $5,65t ,711.00: Funds to be provided through a lease purchase agreement with Motorola Credit Corporation $:~,544,154.00 1997 General Obligation Bonds t',260,000.00 Proprietary Fund retained earnings 585,780.00 Nursing Home residual equity 260,000,00 Nursing Home operating supplement t79,000.00 Transfers to Capital Projects Fund Account No. 00t-004- 9310-9508 832,777.00 (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: 57 (~33673-12t597) AN ORDINANCE to amend and reordain certain sec.tione of the 199.7-98 General, Wator, Sewage T~atment, Transportation, Capital Projects, Management Services, Utility Line Service~, Fleet Management and Risk Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 309.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33673-121597. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: None .... 0. Mr. Trout offered the following emergency ordinance: (~tt33674-121597) AN ORDINANCE authorizing the City Manager to enter into a contract with the County of Roanoke and with Motorola Inc. and a lease purchase agreement with Motorola Credit Corporation for the acquiaition of a Regional 800 MHz Trunked Radio System; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 313.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33674-121597. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: None ...... 0. CITY CODE-CITY EMPLOYEES: The City Manager submitted a written report advising that Section 2-41, Code of the City of Roanoke (t979), as amended, Militaw Leave Polic_v. and Personnel Operating Procedure No. 21 does not provide for accrual of leave during an absence without pay while serving active duty or training duty military service; returning v~teran's rights include no loss of service credit, 58 certain benefits end reemployment in · s. imilar job, but accrual of leave during an unpaid absence .is not required; and Desert Shield/Storm active duty reservists received leave accruals and pay difference (if any) between military pay end City pay from November 14, 1990 through January 1992. It was further advised that reservists that return to City employment following active duty may return and have little or no leave time available; retirement credit and other benefits such as health insurance, dental insurance and life insurance are continued or restored; and reservists pay during active military duty may or may not equal or exceed their pay with the City. The City Manager recommended that Council concur in the following actions: Pay employees who are military reservists called to active duty related to the Bosnia effort a supplement equal to difference between regular City salary and military base pay plus any other compensation received for service related to the Bosnia effort; supplement will not be paid for any days that regular City salary mus. t be paid to such employees; the supplement shall be paid as promptly as possible after employee returns to City job, submission of Special Return from Military Duty form and receipt of any other necessary documentation; Restore any vacation time or paid leave used to continue City pay for such military service. Add vacation leave, paid leave and extended illness leave that would have accrued to the employee's leave balance upon return to City Service; City portions of health care and dental premiums will be paid for such time necessary to provide coverage for the employee effective upon the date of return to City service, which benefit shall be granted to employees that return to their City job within seven working days from the end of active military duty; 59 ACTION: Effective dates of this special policy shall be December 16, 1997 through December 31, 1998; and Revise the Code of the City of Roanoke (t979), aa amended, to provide for accrual of vacation leave, paid leave and extended illness leave for involuntary active duty military service for up to 12 monthly accruals effective January 1, 1997. (For full text, see report on file in the City Clerk's-Office.) Mr. Swain offered the following emergency ordinance: (~33675-121597) AN ORDINANCE to amend and reordain subsection (b) of §2-41, MiJitlJ/_l,~ty~ Code of the City of Roanoke (1979), aa amended, to provide for accrual of vacation leave, paid Issve and extended illness leave during military leave; and providing for an emergency and an effective data. (For full text of Ordinance, see Ordinance Book No. 60, page 314.) Mr. Swain moved the adoption of Ordinance No. 33675-121597. The motion was seconded by Mr. Trout and adopted by the following vote: ACTION: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: None .... ',' 0. Mr. Swain offered the following resolution: (#33676-121597) A RESOLUTION authorizing payment of supplementary compensation and restoration of certain benefits to employeee serving in the Bosnian Effort. (For full text of Resolution, see Resolution Book No. 60, page 315.) Mr. Swain moved the adoption of Resolution No. 33676-121597. 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. HAYS: Non= SEWERS AND STORM DRAINS-NORFOLK SOUTHERN RAILWAY- LICENSES: The City Manager submitted a written report advising that the Roanoke River interceptor Sewer Replacement Project consists of replacing the existing sewer line with a larger sewer line from the Water Pollution Control Plant to the weetem City limits; the Project will follow Norfolk and Western Railway property on the opposite side of the Roanoke River from the Water Pollution Control Plant; agreements are required with Virginia Holding Corporation and Norfolk and Western Railway Co., 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 do the work, the railroad requires that the City agree to broad indemnification of the railroad, including environmental matters. The City Manager recommended that he be authorized to execute the appropriate agreements with Virginia Holding Corporation and Norfolk and Western Railway Co., in a fo(iY~ to be a. pproved .b.y the City Attorney, to consmJCt, remove, replace and maintain the senltarj sewer pipeline located on railroad property and to indemnify the railroad for liability related to such construction, removals, replacement and maintenance; indemnification extends to release of any hazardous substance already on Railway property; and provision exists that either party may terminate the agreement on 60 days written notice to the other party. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (#33677-121597) AN ORDINANCE approving and authorizing execution of appropriate license agreements with the Virginia Holding Corporation and the Norfolk and Western Railway Co., to allow installation of a sanitary sewer pipeline across property owned by the railroad in connection with the Roanoke River Interceptor Sewer Replacement Project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 3t6.) 61 ACTION: Mr. Trout moved the adoption of Ordinance No. 33677-121597. The motion was seconded by Mr. Harris and adopted by the following vo~: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers-. 7. NAYS: None CITY ATTORNEY: HUMAN DEVELOPMENT*CITY ATTORNEY: The City Attorney submitted a written report advising that on April 21, t997, Allen T. Wilson was introduced to Council as the half-time Assistant City Attorney dedicated to representation of the Department of Social Services. ACTION: He further advised that recently, Council inquired as to the status of the City's cost avoidance efforts with the Department of Social Services; whereupon, the City Attorney provided Council with an update on the work that Mr. Wilson has done for the department, as well as certain new issues facing the Department of Social Services and its legal representative. (For full text, see report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the report would he received and filed. REPORTS OF COMMITTEES: CITY ATTORNEY-LEGISLATION: Council Member William White, Sr., Chair, Legislative Committee, presented a written report on behalf of the Committee, advising that on January 6, 1997, the Legislative Committee recommended that the City retain the services of a Legislative Liaison; and Council concurred in the recommendation and authorized a contract with Thomas A. Dick, an experienced legislative liaison from Richmond. It was explained that the contrect places a cap on the number of hours for which Mr. Dick may he compensated during each calendar year; during a year when there is a short Session of the General ACTION: Assembly, he is authorized to work t00 hours during the Session and 70 ho.urs between Sessions; during a long Session year, he is authorized to work t20 hours during the Session and 70 hours between Sessions; and based on one years' experience, it has become apparent that the number of hours for which Mr. Dick may be compensated is not adequate to meet the legislative needs of the City. To meet the legislative needs of the City, the Legislative Committee recommended that Mr. Dick's contract be extended for the next calendar year with a modest increase in the number of hours for which he will be compensated, as follows: For a short Session, the number of hours worked during the Session be increased from t00 to 160 hours; During a long Session, the number of hours be increased from t20 to 180 hours; and Between Sessions, the number of hours be increased from 70 to 80 hours. It was explained that the total cost of legislative services to the City during 19.97 will ~ approxi?a, tely.$23,500.00; and w~th the ~ recommended ,ncreeee in hours, the C,ty mil incur a cost for leg=lative services of approximately $33,500.00. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#33678-121597) A RESOLUTION authorizing an amendment to the Contract between the City and Thomas A. Dick relating to legislative liaison services. (For full text of Resolution, see Resolution BookNo. 60, page 317.) Mr. White moved the adoption of Resolution No. 33678-121597. The motion was seconded by Mr. Parrott and adopted by the following vote: 63 ACTION: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: None 0. PARKS AND RECREATION-SWIMMING POOLS: Council Member John H. Parrott, Chairperson, Bid Committee, presented a written report on behalf of the Committee, with regard to the remodeling and upgrading of Washington and Fa#on Park municipal swimming pools, advising that after careful consideration by the Parks and Recreation Deparb,mnt of the plane and specifications, it has been decided to revise the contract documents and rebid the project; whereupon, the Bid Committee recommended that Council authorize the City Manager to reject the bid of Virginia Gunits, Inc., in order to revise contract documents as requeeted by the Parks and Recreation Department and to readvertiee the project for bide. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, ese reports on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (~33679-t21597) A RESOLUTION rejecting all bide for the remodeling and upgrading of the municipel swimming pools at Washington Park and Fallen Park. (For full text of Resolution, see Resolution Book No. 60, page 318.) Mr. Parrott moved the adoption of Resolution No. 33679-121597. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bower~ ?. NAYS: None 0. BUDGET-FIRE DEPARTMENT-ROAN?KE CIVIC, CENTER: Council Me. mber John H. Parrott, Chairperson, Bid Comm,ttee, presented a written report on behalf of the Committee, with regard to replacement of fire alai~ns and temberaturs controls at the Roanoke Civic Center, and recommended that Council concur in the following actions: Transfer funding, in the amount of $624,500.00, from the t996 Public Improvement Bond Issue to Replace Fire and Temperature Controls Account No. 008-056-9655-9001; transfer $5,000.00 from the CIssn/Rsstore Civic Center Exterior Account No. 008-052-9625-9001 to the same account: Contract Amount Contingency Total $624,888.00 Authorize the City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney, with Landis & Staefe, Inc., for new firs alarm and temperature controls and related work at the Roanoke Civic Center, at a total cost of $624,888.00 and 120 consecutive c.a. lendar days to complete the work, in i~_ accordance ~nth contract documents as Prepared by Whitescarver, Hurd and Obenchain, Inc., Consulting Engineers; Encumber the sum of $624,888.00 in a Capital account for the project; and Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#33680-121597) AN ORDINANCE to amend and reordain certain sections of the t997-98 Capital Projects Fund Appropriations, and providing for an emergency. 65 (For full text of Ordinance, see Ordinance Book No. 60, page 318.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 33680.121597. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers 6. NAYS: Nons 0. (Council Member Trout was out of the Council Chamber.) Mr. Parrott offered the fo#owing emergency ordinance: (#33681.121597) AN ORDINANCE accepting the bid of Landis & Staefa, inc. for new fire alarm and temperature controls and related work at the Roanoke Civic Center, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 320.) ACTION: Mr. Parrot/moved the adoption of Ordinance No. 33681-121597. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers 6. NAYS: None.. O. (Council Member Trout was out of the Council Chamber.) BUDGET-LIBRARIES: Council Member John H. Parrott, Chairperson, Bid Committee, presented a written report on behalf of the Committee, with regard to asbestos abatement and rs-roofing for the Roanoke City (Main) Public Library. He advised that five bids were publicly opened on November 5, 1997; the lowest bid, submitted by Woodward West, was requested to be withdrawn due to an unintentional mathematic error or omission, which was confirmed by 66 documents submitted by Woodward West; and Consolidated Industrial .R.o,o.fing, Inc., submitted the next lowest re.sponsiv, and responsi.bl. bid, in the amount of $87,035.00 for Base Bid, $35,960.00 for Additive Bid No. 1, and $13,120.00 for Additive Bid No. 2. The Bid Committee recommended that Council concur in the following actions: Grant the request of Woodward West to withdraw its bid; Authorize the City Manager to enter into a contractual agreement, in a fo,i~ to be approved by the City Attorney, with Consolidated Industrial Roofing, Inc., in the amount of $100,155.00, which includes the Base Bid and Additive Bid No. 2 and 117 consecutive calendar days to abate asbestos and to re-roof portions of the existing library building in accordance with contract documents; Authorize the Director of Finance to appropriate $119,300.00 from General Fund Reserved for Capital Maintenance and Equipment Replacement Program to Transfer to Capital .Projects Fund Acc. ount No..001-004- 9310-9508; .appropriate $1t9,300.00 m a Cap,tel Fund account entitled, "Roof/repair/replacement and Asbestos Abatement, Main Library Building," to be established by the Director of Finance; the following breakdown includes the cost of advertising the project for bids, the cost of reproducing bid documents, the cost to extend by change order the services required of the consultant for additional sits visits, and for a contract contingency to cover additional roofing work that might result from conditions unforeseen at the time the project was designed; and Contract Amount Advertising Reproduction Expenses Quality Assurance Services Contingency Total $100,155.00 250.00 750.00 6,120.00 $119.300.00 Reject ell other bids received by the City. 67 ACTION: ACTION: 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: (~33682-121597) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 321.) Mr. Parrott moved the adoption of OrdinanCe No. 33682-121597. The motion was seconded by Mr. Swain and adopted by the following vote: ' AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers 6. NAYS: None ....... 0. (Council Member Trout was out of the Council Chamber.) Mr. Parrott offered the following emergency ordinance: (~33683-121597) AN ORDINANCE allowing the withdrawal of a bid by Woodward West; accepting the bid of Consolidated Industrial Roofing, Inc., for asbestos abatement and re-roofing portions of the existing Roanoke City Public Library (Main Library), upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 322.) Mr. Parrott moved the adoption of Ordinance No. 33683-121597. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and M,yor Bowars 6. I I NAYS: Non... .0. (Council Member Trout was out of the Council Chamber.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CITY CODE-FIRE DEPARTMENT-EMERGENCY SERVICES- PENSIONS: Ordinance No. 33669 amending the Code of the City of Roanoke (1979), aa amended, to provide retirement service credit for firefightors who were previously employed in an emergency medical services capacity, subject to certain terms and conditions, having previously been before the Council for its first reading on Monday, December 1, 1997, 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: (#33669-121597) AN ORDINANCE amending and reordaining subsection (a) of §22.1-44, Normal Service Retirement. of the Code of the City of Roanoke (1979), as amended, to provide retirement service credit for flrefighters who were previously employed in an emergency medical services capacity, subject to certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 303.) Mr. Trout moved the adoption of Ordinance No. 33669-121597. 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 69 ACTS OF ACKNOWLEDGEMENT-CITY SHERIFF-CITY EMPLOYEES: Mr. Swain offered the following resolution recognizing the meritorious service rendered to the City by the Honorable W. Alvin Hudson, Sheriff, who will retire on December 31, 1997, after s career of 48 years in law enforcement: (~33670-121597) A RESOLUTION recognizing the meritorious service rendered to the City by the Honorable W. Alvin Hudson, Sheriff. (For full text of Resolution, see Resolution Book No. 60, page 304.) ACTION: Mr. Swain moved the adoption of Resolution No. 33670-121597. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Hawis and Mayor Bowers .... 7. NAYS: None 0. BONDS/BOND ISSUES-REGIONAL CHAMBER OF COMMERCE: i Mr. White offered the following resolution .expressing the appreciation of Council for the work of the Roanoke Reg,onal Chamber of Commerce in support of the recent Bond Issue Referendum: (#33684-121597) A RESOLUTION expressing the appreciation of Council for the work of the Roanoke Regional Chamber of Commerce in support of the recent Bond Issue Referendum. (For full text of Resolution, see Resolution Book No. 60, page 323.) ACTION: Mr. White moved the adoption of Resolution No. 33684-121597. The molJon was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: Nono 0. 7O ACTION: BONDS/BOND ISSUES-SCHOOLS: Mr. ?out off~.red the i following resolution commanding the Central .Cou.ncd PTA for Its eff°rts iI in support of the recent Bond Issue Referen=um. (#33685-121597) A RESOLUTION commending the Central Council PTA for its efforts in support of the recent Bond Issue Referendum. (For full text of Resolution, see Resolution Book No. 60, page 324.) Mr. Trout moved the adoption of Resolution No. 33685-121597. The motion was seconded by Mr. Harris and adopted by the following VOte: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Boware 7. NAYS: None MOTIONS AND MISCELLANEOUS BUSINESS: None. iNQUiRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARINGS OF CITIZEN UPON PUBLIC MATTERS: POLICE DEPARTMENT-CITY EMPLOYEES: it having previously reported that the Police Chief hiring process would be reopened for a period of 30 days in order to attract additional applicants, Martin D. Jeffrey, President, Roanoke Branch, NAACP, advised that his remarks were not about color, gender, or diversity, but about the credibility of the process, and the City Administration's relationship with the community. He stated that the suggestion to take a departure from the process at this critical step is absurd and risky in terms of the City's relationship with the community and the community's ability to trust that the City will follow through on its commitment. He added that an all-out effort was made to obtain citizen comment and participation regarding the process, and now citizens are told that there is some magic number for interviewing candidates that was not made known in the beginning. He stated that if the threshold for interviewing candidates was to be a certain number, that information should have been a part of the initial process and should have been known in the ?l beginning, and to suggest that the process should be reopened causes an enormous amount of problems. He adviesd that the community was told that there were 98 applicants, some of whom had exemplary qualifications, and there are currently five applicants in the final stages who are being questioned by the fact that the City is proposing to reopen the process. He stated that if, in fact, the City has five qualified applicants as the community has been advised, the Chief of Police should be selected from that group because there are too many questions that the Police Depa,;,,ent needs to resolve which are currsntiy on hold pending an outcome of the process. On behalf of the Roanoke Branch, NAACP, he requested that Council instruct the City Manager to follow the process through to its rightful conclusion, because to do othen~ise creates serious questions about the integrity of the process and the credibility of the City and ite relationship with its citizens. Upon question, the City Attomey advised that Council has no rois in the selection or removal of City employees, City Charter provides that it would be a violation of law for Council to suggest the appointment of any person or attempt to influence the appointment process, therefore, it is the fundamental right of the City Manager to determine the selection process. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that the issue has been raised on other occasions in regard to other positions within City Government. She stated that the questions are: (t) is the selecting officer included in the interviewing process, and (2) when candidates are determined to be qualified and eligible for a position, how many names are forwarded and how many persons must agree that a specific number of names will be forwarded for selection. She advised that in this situation, five qualified candidates were recommended for interview, and if four applicants withdraw, one person would remain who was qualified and could be selected. She stated that the problem arises when the selecting official is involved in the interviewing process. She requested that Council be aware that this is not the only position where this question has been brought to the atten~on of City officials and the greater problem might be the type of personnel policies that Members of Council are overseeing. She stated that there is a problem in the Roanoke City Personnel Department and Council, as the ultimate governing body of the City, should be aware of the problem and should assume accountability and responsibility to insure that employees unde.r th.e direc, fion of the City Manager are instructed to administer City pohcy ;n a fs,r and equitable manner. The City Manager advised that a citizens advisory committee representing a cross section of the community will provide their best advice, none of whom are experts in the personnel arena, but can offer good advice and common sense. He stated that throughout the process, the goal was for the citizens advisory committee to work not only at the beginning but at the end of the process as well and to reach out within the community and help the new Chief of Police to become acclimated. With regard to the process, he advised that a panel of seven to nine citizens is contemplated composed of persons in the legal field, chiefs of police from surrounding localities, and citizen leaders who served on the advisory panel; and a second but equally weighted panel of employees will interview the candidates. He stated that his job is to bring a reasonable number of diverse and qualified candidates to the citizen panel and to the employee panel for interview, and called attention to the importance of the goal of having a reasonable size pool of candidates in the range of eight applicants for the interview groups. He explained that it is envisioned that the two interview panels will discuss the top candidates for the interview process, and no more than three of the best qualified candidates will be referred to him by the interview teams. He stated that no interviews have taken place, the interview panels have not been formally announced, each applicant was asked if this approach would impact their interest in the job, and both internal candidates and external candidates advised that it would not affect their interest in the position, and each of the remaining five candidates stated that they understood why the City might want to open the process for another 30 days in order to attract three additional candidates. He stated that because of the importance of the issue, the long term credibility to the community, and the ongoing working relationship with the Roanoke Branch of the NAACP, it is important to garner the support of the entire community; one option would be to restart the entire process and go back to the advisory committee for advice; however, he stated that he could not recommend to Council that the City proceed along the path of diminishing numbers of candidates. ,! Mr. Jeffrey cisHfied that the real issue is about credibility of the process, because it is imperative that ~e process be completed and not restarted. He stated that the question to be answered is, are the five remaining applicants qualified for the position. The Reverend Carl T. Tinsisy, 2647 Spring Hill Drive, N. W., read a communication from The Reverend Samuel Robinson, President, advising that the Baptist Ministers Conference of the Roanoke Regional Aras and Southwest Virginia is joined by several other denominations to support the posture of the Roanoke Branch NAACP. He stated that the issue is of great concern to all and the effort to reopen the application process denies due process to current candidat~ who are finalists. He raised the question that if there is a candidate who did not apply in a timely manner, should this not be an indication of his or her lack of seriousness in applying for the position at all. He inquired if this latest action indicates that a current finalist who happens to be an officer of color must reapply. He requestm] that Council deny the reopening of the process because the fair solution would have I:ccn to eliminate all previous candidates, thereby allowing the reopening as the only method to obtain additional candidates. The Mayor requestad that the City Manager meet with Mr. Jeffrey and other intsrssted persons in the community in an effort to reach an underatending, to re-establish confidence in the process, and to provide community support for the new Police Chief. At 5:20 p.m., the Mayor declared the meeting in recess. At 6:05 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. 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 was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Harris and adopted by the following vote: 74 ACTION: ACTION: AYES: Council Members Parrott, Swain, Trout, White, Wya_t~ Harris and Mayor Bowers NAYS: None ..... 0. COMMITTEES-CULTURAL SERVICES COMMITTEE: The Mayor advised that there is a vacancy on the Cultural Services Committee created by the resignation of Catherine A. Fox, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Michael Brennan. There being no further nominations, Mr. Brennan wes appointed as a member of the Cultural Sewices Committee, for a term ending June 30, t998, by the following vote: FOR MR. BRENNAN: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .7. COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that there is a vacancy on the Roanoke Redevelopment and Housing Authority created by expiration of the term of office of Ronald O. Crawford, and called for nominations to fill the vacancy. Mr. Trout placed in nomination the name of Ben J. Fink. There being no further nominations, Mr. Fink was appointed as a Commissioner of the Roanoke Redevelopment and Housing Authority, for a term ending August 31, 2001, by the following vote: FOR MR. FINK: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .... 7. At 6:10 p.m., t~e Mayor declared the meeting in recess until 7:00 On Monday, December 15, 1997, 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, Mayor Bowers presiding. 75 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 7. ABSENT: Non= OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Jesse A. Hall, Deputy Director of Finance; and Mary F. Parker, City Clerk. The 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. ACTS OF ACKNOWLEDGEMENT-SCHOOLS: The Mayor recognized the William Fleming High School Football Team, "The Colonels," for having competed in the State Football Tournament Final i Pairings Championship on Saturday, December 6, 1997, at Norfolk State University, and presented the team and staff with Roanoke City photographs and Roanoke logo lapel pins. ZONING: Council at its regular meeting on Monday, September 22, 1997, having continued a public hearing on the request of Bobby Lee Willis that a certain tract of land located at t102 Centre Avenue, N. W., identified as Official Tax No. 2112311, be rezoned from LM, Light Manufacturing District, to RS-3, Residential Single-family District, subject to certain conditions proffered by the petitioner, the matter was again before the body. A ~eport of the City Manager advising that on September 22, 1997, Council postponed action on the aboversferenced rszoning request in order to resolve certain legal issues related to the definition and application of "grandfathered" uses; Council's request was in response to a statement made by Mr. Willis during his presentation at the public hearing that the structure continued to be occupied even after the City Building Department issued a Condemnation and Repair 76 ACTION: Order in December 1993; once such an order is issu.ed, a structure cannot be legally occupied until all Building Code violations have been corrected; and inspectors from the Building Department determined in February t997 that the building has deteriorated to the extent that demolition is appropriate, was also before the body. It was further advised that the City Attorney has provided guidance in the legal issues involved in the matter; and since the matter was heard st public hearing, staff in the City's Planning and Building Deparlmente have received several calls from nearby property owners and residents objecting to the proposed rezoning. The City Planning Commission, pursuant to report dated September 22, 1997, recommended that Council deny the request for rezoning, and advised that while the property owner desires to rehabilitate the existing residential structure, the surrounding area is of an industrial nature and the current zoning is appropriate, considering the existing land uses, its location in an Urban Enterprise Zone, and the new industrial development that has occurred in the general area. (For full text, see reports on file in the City Clerk's Office.) Mr. Trout moved that the following ordinance be placed upon its first reading: "AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 211, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City." 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. Bobby Lee Willis, petitioner, 1102 Centre Avenue, N. W., addressed Council in support of the request. He requested that he be treated fairly and equally, and the only remedy to his situation would be for Council to approve a spot zoning. He asked that Council take into consideration all of the facts and circumstances. Jerry Ferguaon, 202 12th Street, N. W., representing Ferguson Transfer end Storage Corporation, advised that in June he purchased nine lots on 11th Street, two lots remain, one of which is owned by Mr. Willie' mother end one that is located on the comer of 11th Street and Centre Avenue which has been condemned by the City aince 1993. He atatsd that he purchased the nine lots with the underetsnding that the property wes zoned Light Manufacturing, and if he had any idea that the zoning would be changed, he would not have purchased the nine lots. He advised that the property at the corner of 11th Street and Centre Avenue is an eyesore to the neighborhood, and it ia embarrassing that the City of Roanoke would allow the property to remain in a condemned state since 1993. No other persons wishing to address Council, the Ordinance wes defestad by the following vote: AYES: Nono 0. NAYS: Council Members Parrott, Swein, Trout, White, Wyatt, Harris and Mayor Bowers 7. ZONING: Council at its regular meeting on Monday, September 22, 1997, having continued a public hearing on the request of ManorCare Health Services, Inc., and Roanoke Lodge No. 197, Benevolent and Protective Order of Elks of the United States of America, that a tract of land described as 3.628-acres, more or less, Acreage Tract, t147 Persinger Road, S. W., being a portion of Official Tax No. 1260214, be rezoned from RS-2, Residential Single Family District, to RM-2, Residential Multifamily, Medium Density District, subject to certain conditions proffered by the petitioners, the matter was again before the body. A report of the City Planning Commission advising that the purpos~of the requested rezoning is to construct a group care facility to provide residential care to individuals in the early to mid stages of Alzheimer's disease and related memory Ios~ disorders, was also before Council. The City Planning Commission recommended that Council deny the request for rezoning. (For full text, see report on file in the City Clerk's Office.) ACTION: first readlng:M'r" Trout moved that the following ordinance be placed upon its ! (#33686) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (t979), as amended, and Sheet No. 126, 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. 60, page 328.) 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, and requested that each speaker limit their remarks to three minutes. Maryellen F. Goodlatte, Attorney, representing the petitioner, objected to the City Attorney's opinion that an affirmative vote of five Members of Council, instead of a majority vote of four members, is required to approve the rezoning. She advised that she provided the City Attorney with a written response to his opinion. Ms. Goodlatte explained that ManorCare Health Sewices, Inc. (Manor Care) owns and operates over 200 nursing centers and assisted living residences in 29 states across the country, and for some time, Manor Care has been working toward its goal of building and operating an Alzheimer's assisted living residence in Roanoke. She called attention to over 30 meetings with City staff, health care professionals, neighborhood representatives, Board of Directors of the Raleigh Court Civic League, and Temple Emmanuel Board of Directors, after which Manor Care reconstructed and refined its proposal, and during the meetings, Manor Care listened to the concerns of residents and made numerous changes to the site plan. She explained that the Manor Care site would take approximately three acres from the Elks 15-acre tract of land, and the Elks plan to use the funds from the sale of the land to make critical improvements to the lodge. She advised that residents and the Raleigh Court Civic League oppose the project and have expressed concem about future plans for the balance of the 12 acre tract of land, Manor Care has done everything it can to address those concerns, City staff attended neighborhood meetings and described the rezoning process that any buyer who would want to change the zoning classification from Single Family Residential District would be required to follow, and just as residents have had input into the Manor Care request, they would have an opportunity for input into any future request that effects their neighborhood. She stated that there are residents who support the rezoning, who like the over-~ized storm water retention facility that Manor Care has proffered, who like the proffered landscaping and who like the fact that the property will be maintained by a company with a proven track record. She advised that area providers of elderly care agree that there is a strong unmet need for the type of service that Manor Care will provide, Carillon Health Services supports the request and estimates that the Roanoke Valley has over 12,500 families affected by Alzheimer's disease and this number will increase as Roanoke has an older than average population with 16 per cent of its population over the age of 65 and approximately 15 per cent of the elderly over 85 yeare of age. She noted that there is a critical shortage of assisted living beds which specifically deal with Alzheimar's patients, and the City's Comprehensive Plan recommends that appropriate housing services for individuals with special needs should be available in neighborhood settings, and also recommends that services should be made available to allow Roanoke's elderly and disabled citizens to remain in their neighborhoods for as long as possible. She explained that City staff analyzed the request objectively, they attended neighborhood meetings, and reviewed the objections of residents of the area and the Raleigh Court Civic League, and City staff recommends that the rezoning be approved, because the rezoning complies with and properly addresses the issues of the City's Comprehensive Plan. She advised that the EII~ Lodge is committed to remaining at its present location, the 12-acre campus will remain a buffer for the neighborhood, and Arden Court will serve as an anchor for the Elks Lodge. She noted that the City's Economic Development Depafb~ent has analyzed the economic impact of Arden Court, and in the first five years of operation, the facility will provide a positive economic impact for the City of Roanoke in excess of $9 million with no City money having ~ccn expended for the project. She called attention to the established track record of Manor Cars which has a reputation for being a leader in designing and operating assisted living residences that specialize in Alzheimer's care, and a rezoning petition that proffers 12 conditions for rezoning all geared toward having Arden Court fit into the neighborhood and assuring the City and the neighborhood that the site plan, landscaping plans, architectural elevations, and building materials will be honored. She advised that Manor Care has proffered 8O a condition that it will not expand its facility, Manor Care will be a good neighbor both to its institutional neighbors and to its neighboring famil,es, and by serving as an anchor for the Elks Lodge, Manor Care will bring stability to the neighborhood. Ma. Goodlatte referred to an additional proffered condition submitfad by Manor Care on December 15, 1997; whereupon, the City Attorney advised that a Third Amended Petition to rezone was filed on December 15, and the ordinance presently before Council is consistent with the Third Amended Petition. The Mayor explained that numerous communications were received by the Members of Council and because of the volume of letters, they could not, each, be acknowledged in writing. Dr. Anthony R. Stavola, 1836 Greenwood Road, S. W., advised that the Greater Raleigh Court Civic League has reviewed the request on numerous occasions and voted unanimously to oppose the rezoning, although the Raleigh Court Civic League has a clear track record of supporting appropriats development in the neighborhood. He stated that the project would intrude on and change the overall character of a strong residential neighborhood, that the Elks facility itself was allowed only as a special exception with the understanding that any future use would be residential in keeping with the zoning of the property, and it does not make good sense to weaken a strong residential neighborhood. He advised that if a decision is made to approve the rezoning allow this project to go forward, Council will be undermining the residential quality of the neighborhood, and the remainder of the property will moat likely not be used for residential purposes in the future. Brenda L. McDaniel, Vice-President, Greater Raleigh Court Civic League, 2037 Carter Road, S. W., concurred in the remarks of Dr. Stavois, and expressed opposition to the rezoning for the reasons stated by Dr. Stavola. She advised that Raleigh Court is a sound, stable neighborhood and requested that Council maintain the present zoning so that Raleigh Court will remain a good and viable neighborhood. Mr. Michael F. Urbanski, 2108 Mount Vernon Road, S. W., presented the unanimous opposition of the Board of Directors of the Greater Raleigh Court Civic League, and referred to a petition signed by over 90 residents of the area in opposition to the proposed rezoning. He advised that the proposed project is inconsistent with every approach that residents have taken as a neighborhood organization to preserve and to pretect the area aa a strong, viable neighborhood that will attract pereons to the City of Roanoke. He explained that residents met on numerous occasions with Manor Care representatives and concluded unanimously that the Arden Court facility is the wrong project for the neighborhood for the following reasons: (t) The project ia out of step with the residential character of the neighborhood (2) The project will reduce preperty values in the area; if the rezoning is approved, the remainder of the Elks property can never be used for residential purpoass· (3) Assurances were given by the Elks Lodge in 1971 that the property would never be used for commercial purposes. Mr. Urbanski advised that the proposed project will introduce commercial development into a historical residential neighborhood, and the project is contrary to the City's Comprehensive Plan to preserve and protect the residential peace of the City of Roanoke and inconsistent with the City's Comprehensive Plan. He further advised that the concept is inconsistent with the neighborhood, that residents are not opposed to Manor Care or to those persons who suffer under the disease of Alzheimer's, but they believe that this is the wrong location for the project. He requested that Council think long term and take into consideration the assurances that were made to the residents in 1971 that the property would not be used for commercial purposes· He asked that Council look toward keeping residents in the City of Roanoke and toward keeping the Raleigh Court area as a viable residential neighborhood. Mr. L. Thompson Hanes, 1036 Oakwood Drive, $. W., representing residents of Oakwood Drive, advised that in 1971, the land was placed under a protective status to be used for not-for-profit social, educational, and recreational purposes. He stated that since 1971, the character of the neighborhood has not changed, the residents have resisted creeping commercialism up Oakwood Drive and Brambleton Avenue, and millions of dollars have I=ccn spent on neighborhood schools to preserve the character of the neighborhood and to keep the neighborhoods intact. He added that the Raleigh Court neighbo.rhood il looks to C.o. uncil to act as a protector of the land, to maintem the prop~, rty in ,te current status by the Elks Lodge, or to develop the land for tangle family housing.. He s~ted that many members of the Elks Lodge do not live in the ~mmedmte neighborhood which should be taken into consideration by Council. Ms. Peggy C. Brandt, 926 Gaymont Street, S. W., expressed opposition to the proposed rezoning. Mr. F. Peter Brandt, 926 Gaymont Street, S. W., advised that owners of surrounding property owners object to the proposed rezoning for any purpose other than single family dwellings. He referred to a previously filed petition signed by approximately 90 persons in opposition to the proposed rezoning and submitted an additional ten signatures. He steated that the persons who circulated the petition can certify that they have polled all of the persons who signed the original petition and only four individuals have requested that thei~ names be removed. He advised that of the ten property owners adjoining the 3.6 acres of land in question, eight, or 80 per cent, are opposed to the rezoning, and of the 26 property owners surrounding the total 15 acres of the Elks Lodge, 19, or 73 per cent, have signed the petition in opposition to the rezoning. He stated that the issue is not an objection to Manor Cars or to Arden Court, but the desire of the residents to maintain single family zoning, and the Elks Lodge is, in effect, asking residents to finance their capital improvements by allowing them to sell a portion of their property to a commercial business which has a potential of lowering property values in the neighborhood. He asked that Council support the single family neighborhood and vote to deny the request for rezoning. Mr. James W. Ingram, 914 Gaymont Street, S. W., expressed concern over the rezoning of the Raleigh Court neighborhood from single family zoning to multi-unit dwellings. He advised that the rezoning request is an example of the type of change that can alter the face of a neighborhood forever, and once a neighborhood is changed by permitting commercial development in what has always been a residential community, any hope for single family development in the area is diminished. He explained that approximately 25 years ago when the Elks Ledge expressed a desire to move into the neighborhood, the agreement provided that the property would never be sold and/or used 83 for commercial ventures and the Elks now w~nt to make building improvements, and they are trying to renege on the agreement. He requested that Counc. il respec.t, the petition co.ntaining the signatures of over 100 residents ,n opposition to the rezon,ng and that the request be denied so that the residential character of the neighborhood will be maintained. Mr. A. S. Brown, 2747 Thomdale Street, S. W., advised that he represents all residents of Thorndale Street, with the exception of one family, who are oppo~l to the proposed rezoning. He stated that the City Planning Commission, by a vote of three - three, recommended denial of the request, and it is hoped that the Members of Council will follow the recommendation of the City Planning Commission. If Arden Court is allowed to locate in the area, he inquired ss to what will happen to a patient when they reach the last phase of Alzheimer's disease inasmuch as the proposed facility ie intended to address the early and middle stages of Alzheimer's. Mr. Richard L. Hughes, 2046 Maiden lane, S. W., spoke in support oCthe rezoning. He called attention to the Raleigh Court Health Care Center which has been a good neighbor, has a well maintained lot, has not generated s lot of traffic, and has provided children with an opportunity to mingle with elderly persons. He stetod that the assessed value of the homes in his neighborhood has increased as a result of the location of the Raleigh Court Health Care Center, and if Manor Care constructs its facility, residents of the area will be pleased with its operation. He advised that the Raleigh Court Health Care Center has improved the quality of his neighborhood. Dr. Gerald W. Roller, 1135 Clearfield Road, S. W., advised that the average Alzheimer's patient lives ten to twelve years, Alzheimer's care amounts to approximately $90 billion per year which is a little over 50 per cent of the health care in America today, and 60 per cent of the $90 billion is spent on long-term care. He asked if the City has considered the total concept about what to do with Roanoke's aging population, long-range planning is necessary to address persons affected with Alzheimer's disease. He inquired about plans for similar facilities in the Roanoke Valley with building designs that are different from the standard nursing home facility, does the Manor Care facility plan to expand into a nursing home capacity, should or would Arden Court be better located if it were attached to a nursing home, and what is the tax advantage to Manor Care if it peye an inflated price for property to the Elks Ledge. Mr. Phillip Flarsheim, 3640 Dogwood Lane, S. W., advised that many of the speakers who opposed the rezoning did so in order to maintain a good stable neighborhoed. He submitted that a first class health care facility on the property will enhance property values. The City of Roanoke should be honored that Manor Care wishes to locate a first-class facility within its corporate boundaries, and if Roanoke is intent on remaining the health care center for Southwest Virginia, there must be accommedations for all health care providers. Ms. Phyllis Newman, t136 Persinger Road, S. W., expressed concern over rumors that have circulated throughout the neighborhoed that Council will approve the recommendation of City Planning staff in support of the request of Manor Care, which is an outside-for profit corporation, over the opposition of the large majority of the long te,,,, residents and taxpeyere of the community to be affected. She advised that rumors have also circulated that lower grade housing will be constructed if the Manor Care request is not approved, which residents lib believe is also a scare tactic. She stated that a commercial ente..rprise · in this area would be out of character with a long-time well-sstebl,shed single family community, and she would hope that the City of Roanoke would not abandon its long time residents in support of an out-of-stete commercial concern whose basic interest is profit making. She requested Council's assistance in protecting the Raleigh Court community and the City's Comprehensive Plan. Mr. M. Douglas Newman, 1136 Persinger Road, S. W., advised that he is not opposed to the Elks Lodge selling all or any part of the property which is their right, he is not against Manor Care purchasing land and constructing an Alzheimer's care facility, however, he is concemed that the facility is proposed to be constructed below grade with an eight-foot wooden fence surrounding the property on three sides which does not provide an appropriate setting for older persons who, at that stage of their aging, need openness and an opportunity to enjoy nature. He express opposition rezoning land that could be used for single family residences when the City is in need of land to construct homes to encourage people to live in the City of Roanoke. 85 He added that other sites are available for multi-family development, and expressed concern with regard to commercial development in the area. He requested that the Elks Lodge honor its 1971 commitment to the community. Ms. Betty J. Swecker, 1117 Oakwood Drive, S. W., advised that the propoeed rezoning would not be approved in certain other sections of the City, such as South Roanoke. She stated that when a total neighborhood objects to a proposal, it would appear that those officials who are elected to represent the cil~zens would support the position of the residents that they represent. She advised that City Council represents the citizens of the City of Roanoke; ;not Manor Care, and asked that Council Members vote their conscience as to what is right for the neighborhood. Ma. Abbie Fifor, 3736 Heritage Road, S. W., a senior at Patrick Henry High School, advised that the proposed Arden Court facility will provide a much needed service for the citizens of the Roanoke Valley. She stated that as a teenager, she has enjoyed many of the services in Roanoke City which were designed for her needs - she attends specialized programs for gifted education, she utilizes the City's Parks and Recreation Depa,b,,ent programs, and she has received extensive medical care in the Roanoke Valley. She added that a large and growing segment of the community consists of senior citizens who deserve the same services, both public and private that she has received, and the Manor Care/Arden Court complex fills the need for dignified, quality health care for poraons suffering from Alzheimer's disease and related memory loss. She stated that the City of Roanoke has an obligation to provide for its elderly citizens just as it provides for other age groups, therafora, she encouraged Council to approve the request for rezoning. Mr. James H. Fulghum, Jr., 112 Kirk Avenue, S. W., (business address)expressed support ofthe ManorCare/Arden Court project. He stated that the proposed facility is attractive, it will be compatible with the neighborhood, and it will fill a need that currently exists in the City of Roanoke. Mr. Henry M. Caldwell, 1024 Oakwood Drive, S. W., advised that he would like to go on reco~ as an adjacent property owner and as an Elks Lodge Member who ,s opposed to the rezoning. He called attention to increased traffic that will be generated in the area due to staff, family and friends, and deliveries to the facility. Mr. George B. Cart]edge, 1006 Oakwood Drive, S. W., expressed opposition to the proposed rezoning. Mr. Steven Nelson, 4622 Lanview Drive, S. W., advised that the majority of the Elks Lodge members live within four miles of the facility. He stated that sale of land to Manor Care will generate funds for Elks Lodge building improvements and enable continued support of charitable programs which include sending under-privileged children to camp in the summer, providing college scholarships to deserving young men and women, providing food to the needy at Thanksgiving, and supplying the Roanoke City Police Department with materials for the children of the Roanoke Valley in their fight against the use of drugs. He asked that Council help the Elks Lodge in its efforts to continue to be a vital part of the neighborhood by approving the request for rezoning. Ms. Judy G. Jennings, 2534 Winds.or Avenue, S.W., B~ recommended approval of the request for rezomng. Mr. Michael Blackwell, 2424 Brambleton Avenue, S. W., advised that Manor Care has taken the lead in requesting the City of Roanoke to install "no thru truck traffic" signs at both ends of Persinger Road because Manor Care listened to the concerns of residents with regard to traffic issues. He stated that Manor Cars and the Elks Lodge have agreed that all commercial traffic will use the Brambleton Avenue entrance in lieu of Persinger Road, and a facility for Alzheimer's patients will generate lees traffic than single family residential homes. Ms. Linda C. Delong, 427 Patricia Drive, Salem, Virginia, nurse and patient advocate, spoke in support of the request for rezoning. She stated that she supports Manor Cars and the contributions of the Elks Lodge to the Roanoke community. Mr. Mark A. Black, 3052 Poplar Lane, S. W., addressed Council on behalf of Mr. John D. Fulton, Jr., 1201 Persinger Road, S. W., who could not attend the meeting. He read a communication from Mr. Fulton in 87 support of the request of Manor Care and pointed out that the Manor Care development is compatible with the neighborhood. As an architect, Mr. Fulton advised that he ia familiar with building requirements and the type of single family development that could be constructed on the property which would require no zoning approval or input by residents; and without any change of zoning, a developer could construct 44 single-family homes on the Elks tract of land, with each lot containing only ?,000 square feet which would not be compatible with the neighborhood. He stated that any residential developer who would be willing to pay the price that the Elks Lodge has requested for the land could not afford to build the same quality of houses that currently exist in the neighborhood. Mr. Charles W. Blackwell, 2801 Spring Road, S. W., Chair, Board of Trustees, Roanoke Elks Lodge, spoke in support of the rezoning request. He advised that Manor Care has proffered numerous conditions to the rezoning, and the facility will provide an improvement for the neighborhood. Mr. Ronald E. Nemurs, 2308 Stallion Circle, Roanoke County, Chaplain, Roanoke Elks Lodge, advised that the Elks Lodge has tried to sell the land for approximately two years, and without success, that they first pursued developers who would maintain the existing zoning for single-family residences. He stated that the Elks then considered the offer of Manor Care to purchase three acres of land, and Manor Care met with residents of the neighborhood and addressed issues regarding traffic and drainage. He advised that the Elks Lodge has bccn in existence for 105 years, and its members have contributed to the work of the City through charitable activities, therefore, they request that Council approve the proposed request. Ms. Emily Nelson, 5967 Lanview Drive, Roanoke County, President, Ladies Auxiliary, Roanoke Elks Lodge, advised that 90 per cent of the ladies of the Elks live within five to ten minutes from the Elks Lodge and participate in various activities on a daily basis. She stated that Manor Care has given the Elks a way to make building improvements with the least amount of change to the neighborhood. She advised that the area is an ideal location for Alzheimer's patients which will enable them to live close to their loved ones. Mr. R. Matthew Kennell, 2306 Mount Vernon Road, S. W., expressed support of the proposed rezoning. Mr. Gmdy P. Gregory, 1401 Bmndon Avenue, S. W., advised that them am numerous confli.c..ting views on the appropriateness of locating the Manor Cam facil,ty st this location because the unknown is always frightening. He mqussted that the positive results to the community be considered; them am numerous independent senior living and/or nursing facilities in Roanoke City and Roanoke County which am located adjacent to or sham single-family neighborhoods and them is no mason to believe that Arden Court would not be a good neighbor. He stated that for Manor Cam to make this type of investment in the Roanoke community demonstrates the need for the facility, and expressed concern about the lack of Alzheimer's treatment facilities in the City of Roanoke. He added that it would be a disappointment if the citizens of Roanoke did not avail themselves of the opportunity to acquire this flint class facility which would provide people who am unfortunate enough to contract this disease with a nearby place to live with some messum of dignity. He urged that Council vote in favor of the petition for mzoning. Mr. Charles Meredith, 2750 Tillett Road, S. W., advised that his business is located on Colonial Avenue, S.W., and he supports the request for mzoning. He stated that the agreement of Manor Cam not to expand its facility should help to alleviate the fearn of the neighborhood. Mr. Rosley H. Riley, 2501 Inglewood Road, S. W., a resident of the area and a member of the Elks Lodge, advised that he supports the proposed mzoning. He stated that Manor Cam took the lead in requesting that the City install "no thru truck traffic" signs on both ends of Persinger Road, and during neighborhood meetings, Manor Cam representatives listened to the concerns of residents regarding traffic issues on Persinger Road. He added that Manor Cam and the Elks Lodge have agreed that all commercial traffic will use Brambleton Avenue irmtaad of Peminger Road, and Arden Court will generate less traffic than would be generated by development of single-family homes. Mr. Michael W. Pegram, 2134 Brandon Avenue, S. W., advised that he supports the request for mzoning. He stated tha. t in the future, these types of intermediate health care facilities w~ll become as common place as schools in the neighborhoods and will be marketed as such. Mr. Reginald Wood, 2331 Colonial Avenue, S. W., advised that after listening to all of the speakers, both for and against the request, they agree that this type of health cars facility would be an asset to the City. He stated that he lives in the neighborhood, he is a member of the Elks Lodge, and he is in support of the proposed rezoning. He advised that this type of facility must be located in a residential neighborhood, and should not be constructed in a commercial, industrial, or rural area located far away from other health care facilities, and regardless of the neighborhood, there will always be opposition to such a facility. He stated that it appears that Manor Care representatives have done their homework and they are trying to be good neighbors, and if the facility is constructed, Arden Court will be an asset fo the City of Roanoke. Mr. Robert P. Shelor, 2215 Hunters Roed,-S. W., advised that it is time for all residents of Roanoke to face their responsibility to senior citizens. He stated that he supports the rezoning because the facility is needed and urged that Council approve the proposed rezoning. Mr. Charles G. Smith, 3406 Klm Court, Roanoke County, coordinator for the sale of the Elks Lodge property to Manor Care Health Services, Inc., advised that Manor Care has addressed the concerns of residents through their proffered conditions for rezoning. He added that false statements have been made as to the financial strength of the Elks Lodge and presented copy of a communication ~om Central Fidelity National Bank advising that the B.P.O. Elks Lodge 197 has requested that Central Fidelity Bank release a portion of their collateral on loan ~q)0262; that Central Fidelity agrees to release approximately 2.83 acres of land in order that the land may be sold to Manor Care Health Services; and no pay down of the loan will be required to achieve the release. (For full text, see communication on file in the City Clerk's Office.) He explained that the Elks Lodge agreement with Manor Care provides that no additional land will be offered for sale for any competitive type of business such as a nursing home, or Alzheimer's facility, or intermediate care for a period of 25 years and Manor Care has also submitted numerous proffers to the request for rezoning. He requested that Council approve the proposed rezoning, thereby allowing construction of a facility to meet the needs of Alzheimer's patients. 9O Mr. David K. Liak, 909 Carrington Avenue, S. W., advised that Arden Court is one of many such facilities that will have to be constructed in the future. He stated that real estate property values will not decrease as a result of construction of Arden Court, and pointed out that property values have increased 20 - 35 per cent since the Elks Lodge located in the area in 1971. He advised that residents are not against Manor Care, but they are against the proposed rezoning; however, no request has been submitted for rssidential use of the property. He urged that Council support the request of Manor Care to rezone the property. Me. Louise K. Chagnon, 4424 Cresthill Drive, Roanoke County, part-time Director of the Alzbeimer's Association, addressed the point of view of the care giver whose loved one needs a facility like Arden Court to receive 24-hour supervision. She advised that some care givers are frail and elderly and often neglect their own health care in order to care for the Alzheimer loved one and many are losing a companion of 40 - 50 years. She stated that there are many care givers who keep their loved ones in the home because they do not believe that options for other types of care exist. She advised that Council Members are being called upon to make a decision that will be in the best interest of all citizens. Mr. Robert Chapman, 2748 Bluefield Boulevard, S. W., expressed support for a Manor Care facility in the City of Roanoke; however, he stated that he did not want the facility to be located in his neighborhood. Mr. Richard Gumbert, 915 Gaymont Street, S. W., advised that his house is located to the rear of the Elks Lodge, and he is not opposed to Manor Care or to its programs, however, as he listens to the position of the majority of the residents of the area who oppose the rezoning, he would urge that Council deny request. Mr. Todd A. Leeson, 902 Gaymont Street, S. W., advised that he opposes the request for rezoning, because the fabric of the neighborhood will not be the same. if the rezoning is approved. He asked that Council listen to the VOlCss of the people who will be the most directly impacted by the proposed rezoning, There being no further speakers and no discussion by Council, Ordinance No. 33686 was adopted on its firet reading by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, and Mayor Bowers ', 5. NAYS: Council Members Parrott and Harris 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 15, 1997, at 7:00 p~m., or as soon thereafter as the matter may be heard, on the request of Southem Lane Group, LLC, that ten t~acts of land located on Southern Lane, Southern Hills Drive and Griffin Road, S. W., identified as Official Tax Nos~ 5470108-5470115, inclusive, 5480701 and 5480704, be rezoned from RS- 3, Residential Single-family District, to C-2, General C...o. mmercial 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 Wednesday, November 26, 1997, and Wednesday, December 3, t997, and in the i~Z~_~ib~l~ on Thursday, December 4, 1997. (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 develop 11.5 acres of land for a commercial center with primary access to Franklin Road and a re- designed Southern Hills Drive, was before Council. The City Planning Commission recommended that Council approve the request for rezoning. (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: "AN ORDINANCE to amend Section 36.1-3, Code of the City of Roanoke (1979), ss !1 I amended, and Sheet Nos. 547 and 548, 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. White. Upon advice by the City Attorney, Mr. Trout moved that the ordinance be amended to include the Third Amended Petition for rezoning which was filed on December 15, 1997. 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. Maryellen F. Goodlatte, Attomey, representing the petitioner, appeared before Council in support of the request of her client. She advised that, if approved, the development will follow a clear mark of demarcation established by Wal-Mart along GHffin Ro.a.d. She called attention to a number of meetings by the developer w,th residents of the area and City staff since July, and advised that the concern about the line of Griffin Road being maintained, established and followed has been consistently expressed by residents, therefor, a number of proffers have been added to the petition for rezoning by Southern Lane Group. She stated that using Griffin Road as the line of demarcation creates a logical and natural wedge of commercial uses oriented toward Franklin Road from Wal-Mart, that during neighborhood meetings, the developer conferred with neighborhood representatives with regard to drainage, roads, and general parks and betterment improvements, numerous frustrations were expressed by residents in which they seized upon the opportunity that the rezoning might present for the ~.,ity and the neighborhood association to refocus its discussions on general neighborhood issues. She stated that the proposed project cannot solve all of the neighborhood problems which will require the City and the neighborhood working hand in hand for a number of years, although the rezoning is a step in the right direction. She advised that the realignment of Southern Hills Drive with a traffic signal at the intersection with Franklin Road provides the residents with a safe and dependable access for entering Franklin Road. In ltl addition to safety, she stated that residents have had to deal with flooding problems, and the developer is working with the City to identify ways to use the project as a means to alleviate storm water problems. She added that from a planning point of view, the proposed rezoning provides an existing developer, Springwood Associates, with a signalized access to Franklin Road and takes advantage of a traffic light at Valley Road to provide improved access to the neighborhood and to improve the appearance of the commercial uses along Franklin Road. She explained that as one of the proffered conditions, the developer has incorporated the proposed new sign regulations which will limit signage and will be a step in the right direction toward making the Franklin Road commercial strip entrance to the City much more attractive. She advised that the City Planning Commission has recommended approval of the rezoning; during a City Planning Commission meeting the developer noted that it would continue to work with the residents of the area, and Ci~. staff has met with residents on numerous occasions in search of a way to assist the neighborhood. She noted that the petitioner has added additional proffered conditions to attempt to satisfy the concerns of residents, and a Third Amended Petition for rezoning was filed on December 15, 1997, to include certain proffers requested by the neighborhood. She advised that the developer cannot solve all of the concerns and problems of the neighborhood which go beyond the scope of this rezoning, but the developer has tried to conscientiously work with the residents of the area make a good project even better. On behalf of the Southern Lane Group, she requested approval of the conditional rezoning. Lincoln D. Barrett, III, 4268 Joplin Road, S. W., President, Southern Hills Neighborhood Improvement Association, advised that the majority of Southern Hills residents ara opposed to the proposed rezoning. He stated that it is believed that there are a number of improvements that should be made in the Southern Hills area, but those improvements have nothing to do with the development presently under consideration which will create more traffic congestion and noise, cause problems regarding environmental integrity, and threaten the residential integrity of the community which dates back to 1922. He stated that the proposed razoning will not help the neighborhood, but it will generate money for private developers, and residents are concerned about the future of Southern Hills. He inquired if the proposed develo..pment is i~ line with Council's intent to maintain the residential integnty of the C,ty, and reque, ated that the proposed I I rozoning be denied since a majority of the rss;dente of Southern Hills are opposed to the request. William D. Beetpitch, 381 Washington Avenue, S. W., representing the Committee for Better Representation, advised that the Committee actively supported the recent referendum on creating a modified ward system in the City of Roanoke, and the Committee made the decision to remain active and to look for ways to improve the representation of citizens by City Government. He steted that during the debates on the modified ward system referendum, citizens were repeatedly told that the seven members of Council elected at-large represent the entire City, therefor, he advised that Council has an opportunity this evening to indicate how many Council Members represent the Southern Hills neighborhood. He stated that the Members of Council should be able to see that preserving the residential character of Southern Hills is just as important as preserving the character of any other neighborhood in the City. He advised that the request before Council is not for a different type of residential zoning, but for a complete change in the zoning classification from residential to strictly commercial, and exp~sssd concern over the rezoning of residential pr. operty in the City for I commercial purposes. He noted that at a m,nimum, the citizens of -- Southern Hills should receive a full and fair explanation of the rezoning so that they will know that their voices have been heard and that City Council holds itself accountable to them as voters and as residents of the City of Roanoke. Concern was expressed by some Members of Council regarding the possibility of losing an entire community if the rezoning is approved, because there should be more concern about the community and its way of life and history, etc.; the rezoning could destroy the solidarity of a primarily African-American neighborhood; and is it necessary to have commercial development in order for a neighborhood to receive basic City services, such as sewer~, sidewalk, curb and gutter. With regard to the request currently before Council and the request of the Home Depot, USA, Inc., for a rezoning on Hershberger Road, N. W., in November 1997, Mr. White pointed out that the common denominator in both of the requests for rezoning relate to the economic condition of the community surrounding the rezoning. He raised the question that in predominantly African-American neighborhoods, is it necessary to have commercial development in order to receive basic City services, such as sewers, sidewalks, curb end gutter. He requested that the City Manager respond to his inquiry. Following discussion of the matter, Me. Goodlatte advised that the developer has worked with the City and the neighborhood for many months and is willing to work with interested parties. She asked that Council table the request for rezoning. Mr. Swain moved that the request for razoning be tabled. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout and Mayor Beware 4. NAYS: Council Members White, Wyatt and Harris 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 15, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Jack L. and Janet F. Bennett that a tract of land located at 639 Liberty Road, N. E., containing .75 acre, more or less, identified as Official Tax No. 3131003, 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 Roanoke Times on Wednesday, November 26, 1997, and Wednesday, December 3, 1997, and in the Roanoke Tribune on Thursday, December 4, t997. (Sea 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 development of an automobile repair shop, was before Council. The City Planning Commission recommended that Council approve the request for rezoning, and advised that the requested LM, Light Manufacturing District, is a logical extension, of the existing LM zoning district to the north a.nd west of the subject arsa and is in keeping with the recommendations as set forth in the Comprehensive Plan. ACTION: (For full text, sss report on file in the City Clerk's Office.) Jack L. Bennett, Petitioner, appeared before Council in support of the request~ Mr. Trout moved that the following ordinance be placed upon its first reading: (~33687) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 313, 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. 60, page 329.) The motion was seconded by Mr. Parrott. ~ ! The Mayor inquired if there were parsons present who would like to addross Council with regard to the request for rezoning. Thoro being none, Ordinance No. 33687 was adopted, on its first reading, by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris 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 15, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Springwood Associates, LLC, to amend the proffered conditions for rezoning of a tract of land located at the north end of Griffin Road, S. W., adjacent to the east side of Franklin Road, U. S. Route 220, containing t3.8t acres, moro or lees, identified as Official Tax No. 5480712, from RS-3, Residential Single-Family District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development District, which rezonin9 was previously approved by the Council of the City of Roanoke, pursuant to Ordinance No. 328674)40196 adopted on April 1, 1996, with the original proffers relating to said property having been amended purauant to Ordinance No. 33355-050597 adopted on May 5, 1997, the matter was before the body. Legal advertisement of the public hearing was published in The RoanokQ Times on Wednesday, November 26, 1997, and Wednesday, December 3, 1997, and in the ~9~9__T~ibul~ on Thursday, December 4, 1997. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the subject property (13.81 acres) was conditionally~razoned in April 1996 from RS-3, Single Family Residential District, to C-2, General Commercial District, and RPUD, Residential Planned Unit Development, for the purpose of constructing two commercial buildings (approximately 25,000 square feet and 12,000 square feet, respectively), three buildings containing 36 condominiums and 21 single family, detached residences; ssveral meetings with residents of the Edgewood neighborhood were held to resolve issues regarding traffic access, buffering of adjacent residential homes, the types of commercial uses, and the design of the proposed buildings; conditions of the rezoning were amended in May 1997 to reflect a change in the development plan to reduce grading, which resulted in the relocation of the proposed access road and shifting of some of the buildings; and there was no opposition to the proposed change in conditions, was before Council. It was further advised that new commercial users are interest which include a hotel and a 5,000 square foot restaurant, and the proffered conditions do not permit these uses; the first petition to amend proffered conditions was filed on October 9, 1997; and the second amended petition to amend proffered conditions was filed on November l(t, 1997, following the City Planning Commission meeting where the conditions were verbally proffered. , The City Planning Commission recommended that Council approve the request for a change in conditions of the rezoning. ACTION: (For full text, see report on file in the City Clerk's Office.) Edward A.. Natt, Attomey, appeared before Council in support of ! I the request of hie client. Mr. Trout moved that the following ordinance be placed upon its first reading: (#33688) AN ORDINANCE to amend ~36.1-3 end 36.t-4, Code of the City of Roanoke (1979), as amended, end Sheet No. 548, Sectional t976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned C-2, General Commercial District. (For full text of Ordinance, see Ordinance Book No. 60, page 330.) 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. Willia..m D. Bestpitch, .representing Citizens for Better Representation, advised that this is another 14 acre tract of land that could be used for residential purposes. He inquired as to when will the City reach the point of saying that the remainder of City land wiii be reserved for residential development. No other persons wishing to be heard, Ordinance No. 33688 was adopted, on its first reading, by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, and Mayor Bowers 6. NAYS: Council Member Harris TAXES-LEGISLATION-DOWNTOWN ROANOKE, INCORPORATED: 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 15, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the Roanoke Foundation for Downtown, Inc., for adoption of a measure in support of tax-exempt status on certain real property located on North Jefferson Street and Shenandoah Avenue, the matter was before the body. Legal advertisement of the public hearing was published in ~]~ on Sunday, December 7, 1997. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Manager advising that the Roanoke Foundation for Downtown, Inc., has been offered the following gifts of real property, was before Council. Passenger Station 209 Shenandoah .838 3013603 Building Avenue, N. E. Parking Lot Bounded by three .548 2014201 streets (First Street, Second Street, and Shenandoah Avenue) GOB North Building 108 N. Jefferson Street .790 2013018 GOB South Building 8 N. Jefferson Street 1.381 2013806 It was further advised that the Roanoke Foundation for Downtown, Inc., will not use any of the properties for commercial purposes while under the tax-exempt status if approved by Council; property becomes taxable immediately upon sale by tax-exempt owner, pursuant to Section 58.1-3201 of the Code of Virginia; whenever any building or land, or part thereof, exempt from taxation is a source of revenue or profit, whether by lease or otherwise, all such buildings and land shall be liable to taxation as other land and buildings in the same City; and when a part, but not all of any such building or land, is a source of revenue or profit, the remainder of such building or land is used by any organization which is exempt from taxation, only such portion as is a source of profit or revenue shall be liable for taxation, pursuant to Section 58.1-3603 of the Code of Virginia. The City Manager recommended that Council grant the request of the Roanoke Foundation for Downtown, Inc., for Council support of the follo~ving properties to be designated exempt from taxation, pursuant to Article X, Section 6(a)6 of the Constitution of Virginia, by 100 ACTION: the General Assembly conditioned upon agreement by the Roanoke Foundation for Downtown, Inc., to pay a 20 per cent service charge in lieu of taxation: Name Address Acres Passenger Station 209 Shenandoah .838 3013603 Building Avenue, N. E. Perking Lot Bounded by three .548 2014201 streets (First Street, Second Street, and Shenandoah Avenue) GOB North Building 108 N. Jefferson Street .790 2013018 GOB South Building 8 N. Jefferson Street 1.381 2013606 (For full text, see report on file in the City Clerk's Office.) R. Matthew Kennell, President, Downtown Roanoke, Inc., appeared before Council in support of the request. Mr. Trout offered the following resolution: (~t33689-121597) A RESOLUTION supporting tax exemption of property in the City of Roanoke to be conveyed to The Roanoke Foundation for Downtown, Inc., and used by it exclusively for cultural, educational and historical purposes on a non-profit basis. (For full text of Resolution, see Resolution Book No. 60, page 325.) Mr. Trout moved the adoption of Resolution No. 33689-121597. 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. There being none, Resolution No. 33689 wes adopted by the following vote: AYE. S: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: None 101 OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: COMPLAINTS-ZONING-REFUSE COLLECTION: Mr. M. Douglas Trout, 169 Maplelawn Avenue, N. E., expressed concern with regard to the constitutionality of the City's junk car ordinance, and unsightJy conditions as a result of littering on Orange Avenue, N. E. W'dJtout objection by Council, the Mayor advised that the remarks would be referred to the Assistant City Manager and to the City Attorney(fur the purpose of meeting with Mr. T. rout to discuss his concernS'. There being no further business, the Mayor declared the meeting adjourned at 10:35 p.m. APPROVED ATTEST: City Clerk David A. Bower~ Mayor 02 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL Janu,ry 5, t998 12:t5 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, January 5, 1998, at 12:15 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 Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris, John H. Parrott and Mayor David A. Bowers 7. ABSENT: None -0. 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. TRAFFIC-CITYCODE: George C. Snead, Jr., Director, .Public Safety, pres. ented a briefing on a proposed increase in certain parking ticket fines. He advised that there are approximately 765 free on-street parking spaces in the downtown area during normal business hours; frequent turnover of free on-street parking spaces is important to the retail businesses, banks, and professional services located throughout the downtown community; and downtown parking needs for longer than two hours are provided by either surface parking lots or parking garages. He explained that Council last adjusted the parking ticket fine in 1981 when the fine was increased from $2.00 to $5.00 and the $5.00 fine served as a deterrent for many years, however, recently it is no longer a sufficient motivator to insure fair and equitable tom-over of free parking spaces. He called attention to meetings of City staff with members of the Board of Directors of Downtown Roanoke, Inc., and representatives of the downtown business community to discuss parking regulations and fines and the need to continue tum-over in the free parking spaces. He stated that Downtown Roanoke, Inc., supports an increase in the fine rate structure; and the President of Virginia Western Community College has authority, pursuant to Section 20-70.1 of the Code of the City of Roanoke, 1979, as amended, to establish parking metered zones on parking lots on the campus of 103 Virginia Westem Community College, and has submitted a written request that parking fin. es be increased from the current $5.00 rata to $10.00. He explai.n, ed that Council w~ll not be requestad to vota on the matter today, however, Council will be asked to take action at a future meeting. R. Matthew Kennell, President, Downtown Roanoke, Inc., spoke in support of the proposal to increase parking fines from $5.00 to $10.00 for on4trest parking violations. He stated that the issue received considerable discussion at various levels within Downtown Roanoke, Inc., the proposal is supported in order to achieve more turn-over of spaces for retail businesses in downtown Roanoke, and it is believed that there is a sufficient amount of parking spaces available in parking structures and surface parking lots to accommodate the needs of downtown employees. He advised that many downtown retailers have expressed concern that because parking fines are so Iow, some downtown employees are tsmptad to pay the $5.00 fine rather than pay the $4.00 - $5.00 per day to park in a parking lot or parking garage, thus, short tarm parking for customers and visitors to downtown Roanoke is compromised. Dr. Mark Q. Emick, Vice-President, Virginia Westarn Community College, endorsed the additional fees for parking on the Virginia Westarn Community College campus. He advised that the college supports and endorses the increase to encourage turn-over of parking spaces and to encourage student adherence to present policies regarding tamporary and intarmittant parking on the campus. He stated that it is not believed that the increase will impose an undue hardship on students or the motoring public who frequent the campus. Mr. Snead reviewed a parking fine survey of the following Virginia localities: Norfolk, Alexandria, Arlington County, Roanoke County, Martinsville, Salem, Blacksburg, Vinton, Lynchburg, and Danville. He also reviewed the following proposed increases: PARKING OFFENSE CURRENT OVERTIME PARKING 20-68 $5.00 $10.00 LOADING ZONE 20-65 $5.00 $10.00 NO STOPPING 20-66 $5.00 $t0.00 BLOCKING TRAFFIC 20-66 $5.00 $10.00 104 BUS STOP 20-65 PARKING WRONG DIRECTION 20-66 AIRPORT VIOLATION 4-7 FIRE HYDRANT 20-65 FIRE LANE 20-74 VEHICULAR TRESPASS 20-65(15) METER ORDINANCE ' 20-79 NO PARKING/STANDING 20-65 RESTRICTED PARKING 20-65 PARKING ON SIDEWALK 20-65 BLOCKING DRIVEWAY 20-65 COMMERCIAL VEHICLE IN RESIDENTIAL ZONE 20-71 VIRGINIA WESTERN 20-69 VVVCC HANDICAPPED 20-69 HANDICAPPED ZONE 20-76 COST FOR LATE PAYMENT AFTER 10 DAYS $5.00 $10.00 $s.oo $to.oo $5.00 $10.00 $10.00 $ 2O.OO $50.00 Same $25.00 Same $5.00 $10.00 $6.00 $ IO.OO $6.00 $10.00 $6.00 S 10.00 $S.OO $10.OO $5.00 $10.00 $5.00 $ IO.O0 $25.00 $'IiX).QO $50.00 $100.00 $10.00 Same Mr. Swain inquired about parking fees for employees of First Union National Bank in t~e First Union Tower as a part of an incentive program which was designed to create jobs in downtown Roanoke; whereupon, the City Manager advised that he would provide the requested information. Mr. White requested comparison information on time limits imposed by other jurisdictions with regard to restricted free parking. I ,I 105 Without objection by Council, the Mayor advised that the report would be received and filed. STATE HIGHWAYS-STREETS AND ALLEYS-VIRGINIA TECH-CONSULTANTS REPORTS: William F. Clark, Director, Public Works, advised that the City and the Virginia Depe,'b',,ent of Trensportation (VDOT) have jointly engaged the Community Design Assistance Center, College of Architecture and Urban Studies, Virginia Polytechnic Institute and State University, to develop a landscaping plan for visually improving the 1~5811220 Corridor from 1-81 to Route 419 at Tangiswood Mall, which area includes approximately ten miles of right-of-way and eight (soon to be nine) interchanges. He stated that the Design Assistance Center has completed a conceptual master plan for the corridor, including suggested landscape treatments for each of the interchanges and selected viewscapes, and introduced representatives from the Community Design Assistance Center to present the results of their study. Elizabeth Gilboy, Faculty Advisor, presented an introduction with regard to the Community Design Assistance Center which is a public service center in the College of Architecture and Urban Studies at Virginia Tech and was started in t988 through a grant from the Depa,b~ent of Education. She advised that the purpose of the Design Assistance Center is to provide communities with planning and design assistance which enables students to work on various projects and to obtain experience in their future fields of education by working under the direction of faculty members. Staci Guitnor, Project Manager, Graduate Student, Depar&.ent of Landscape Architecture, presented a summary of recommendations. She advised that students worked on the project with City and Virginia Depa.~,.ent of Transportation (VDOT) representatives, which consisted of reviewing approximately ten miles of the corridor of Route 581 from I-8i to the north and Route 419 to the south and included nine interchanges. She stated that students ware requested to complete four items: (t) conceptual master plan, (2) focus area designs, (3) supporting documentation, and (4) a phasing plan, all of which can be found in a document entitled, "Gateway to Roanoke - Route 5811220 Visual Improvement Landscape Recommendations". She advised that four themes were developed which were presented to representatives of the City and VDOT; whereupon, she reviewed the two themes that are recommended, viz: "Capital of the Blue Ridge" and "Colors of the Season". She explained that "Capital of the Blue Ridge" is a form-giving theme which is based on plante that mimic the forms of the Blue Ridge and patterns that are found in the Roanoke Valley. She stated that "Colors of the Season" ia a pisnt-giving theme, viz: within the corridor, each interchange would contain a display of different color, for example, all of the plante within Peters Creek interchange would bloom red and the 106 interchange would be red at different times of the season. She added that following further s~dy, it was decided to recommend a "Reforestation and Meadow" approach and certa,n areas within each interchange would use the "Capital of the Blue Ridge" and "Colors of ~e Season" themes on a smaller s .c~.le for es?er maintenance. She added that the C,ty and VDOT should be successful ,n attracting grant funds to work within the themes because the themes are environmentally friendly and many organizations look with favor upon donating money for urban forestry purposes. She advised that it is proposed to begin with Orange Avenue and work with the three downtown interchanges initially since the name of the project is, "Gateway to Roanoke", and completing one interchange at a time for the purpose of uniformity. She stated that the next proposed interchanges are Peters Creek Road, Herehberger Road, and the new corridor which has yet to be constructed because those interchanges are the moat visible to visitors coming into the City. (See report on file in the City Clerk's Office.) Mr. Clerk advised that it is hoped that improvements will be a public/private partnership, and a campaign kick-off is proposed in order to generate interest by the business community to contribute toward landscaping of the interchanges and points along the corridor. He stated that Carillon Health Systems has committed to fund landscaping and maintenance of the Elm Avenuell-581 Interchange. Vice-M.ayor Wyatt expressed concern with regard to the unattractiveness of the mediastripa along the interstate where trash accumulates, end expressed frustration that VDOT would not allow the mediast]~ps to be included as a part of the study. Mr. Swain inquired if there is anything to prohibit the City from cleaning up the median strip on 1-58t; whereupon, Mr. Clark advised that 1-58t and the Southwest Expressway are limited acce. es roadways under the jurisdiction of VDOT. He explained that there are certmn VDOT standards as to how close plantings can be located to the traveled roadway in the event of a vehicle running off of the road. The City Manager requested that he be provided with questions and/or concerns by the Members of Council with regard to the proposed landscaping plan. Unless he is otherwise advised by Council, he statmJ that City staff will proceed with a public/private campaign to generate interest by businesses in the Roanoke Valley to adopt specific intersections. On behalf of the Members of Council, the Mayor expressed appreciation to Carillon Health Systems for its support of the Elm Avenue/I-581 interchange project 107 Without objection by Council, the Mayor advised that the report would be received and filed. HOUSING/AUTHORITY-GRANTS.COMMUNITY PLANNING-BUDGET: Frank E. Baratta, Granta Monitor, presented a briefing on a proposed policy for using the City's Housing and Urban Development (HUD) funds, which represents approximately $3 million in Community Development Block Grant funds received by the City each year from the U. S. Depa,:.,,ent of Housing and Urban Development. He explained that the briefing was prepared in response to a discussion by Council during 1997-98 budget study in which Council Members were of the opinion that there should be a uniform process for allocating HUD funds. He advised that no action will be requested of Council today; however, at some ~m® in the future, following receipt of comments and concerns by Council and the public, a recommendation will be submitted to Council for consideration. Mr. Baratta reviewed policies of Virginia localities such as Danville, Newport News, and Prince William County, as well as Portland, Oregon, and Cleveland, Ohio. He explained that the policy under consideration by the City retains certain current policies and some of the same funding categories, i.e., housing, human services, neighborhood, economic development, homeless, etc. He stated that the same budget committee structure will be used which reflects the above funding categories, proposals will continue to be required from offices within City Government aa well aa proposals from community organizations, and the City will continue to be open to off cycle proposals where there is a proven community need that cannot wait until the next funding cycle. He stated that proposed significant changes relate to establishing an advisory role for the project review committee, unsolicited proposals from community agencies at different times of the year and off of the regular cycle will be ruled out; and a maximum of three years funding will be imposed for human service type programs such as child care and educational programs where funding is competitive. He explained that because there are significant changes, a phase-in approach will be recommended which will allow for public review and comment, specifically with respect to a $5,000.00 threshold which is proposed to be applied to new programs and the three year funding limit. He advised that public comments will be obtained by the tall of 1998 and a recommendation will be submitted to Council prior to the 1999-2000 budget cycle. He stated that funds apportioned to the City are decreasing, therefore, City staff must research new sources of revenue. He advised that for the 1998-99 fiscal year, the City will receive a total of $4.1 million, and the $3 million figure previously referred to represents new funds from HUD which have been on a decreasing trend for the past four to five years. 108 In concluding, Mr. Baratta advised that the proposed policy is a workable approach to dealing with HUD funds, the policy builds upon current practice, the policy provides for a phesed-in approach to major changes while allowing public input, and the policy is adaptable to certain initiatives currently in place. Vice-Mayor advised that it was brought to her attention that there may be Intarmodal Surface Transportation Efficiency Act (ISTEA) funds that could be used for restoration of historic structures, and suggested that City staff investigata the matter as a possible source of revenue. Without objection by Council, the Mayor advised that the report would be received and filed. At 1:35 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, January 5, 1998, 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 Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris, John H. Parrott and Mayor David A. Bowers. 7. ABSENT: None OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilbum C. Dibling, Jr., City Attomey; James D. Grieso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called attention to four requests for Executive Session to discuss 109 specific legal matters requiring the provision of legal advice by counsel, being the negotiation of a possible amendment to the Roanoke Valley Resource Authority'e Member Uae Agreement and related documents; specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of a contract in negotiation concerning the use of the Roanoke Civic Center; a matter of impending litigation, specifically a lawsuit brought against two City empioyess; end 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 convene in Executive Session to discuss personnel maters 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 (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 the Council, pursuant to Section 2.t-344 (A)(t), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Parrott and Mayor Bowers ................. 6. NAYS: Nono O. (Council Member Trout was out of the Council Chamber.) CITY MANAGER-ROANOKE VALLEY RESOURCE AUTHORITY- COUNCIL: A report of the City Manager requesting that Council convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the negotiation of a ponsibie amendment to the Roanoke Valley Resource Authority's Member Use Agreement and related documents, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. 110 ACTION: ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Co.uncil 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 negotiation of a possible amendment to the Roanoke Valley Resource Authority's Member Use Agreement and related documents, 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 Swain, White, Wyatt, Harris, Parmtt and Mayor Bowers ................ 6. NAYS: None -* O. (Council Member Trout was out of the Council Chamber.) CITY MANAGER-ROANOKE CIVIC CENTER-COUNCIL: A report of the City Manager requesting that Council convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of a contract in negotiation regarding use of the Roanoke Civic Center, pursuant to Section 2.1~.~. (A)(7), Code of Virginia (1950), as amended, was before the body. il (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 specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of a contract in negotiation regarding use of the Roanoke Civic Center, 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 Swain, White, Wyatt, Harris, Parrott and Mayor Bowers 6. NAYS: None Om (Council Member Trout was out of the Council Chamber.) 111 ACTION: CITY ATTORNEY-CITY EMPLOYEES-COUNCIL: A report of the City Attemey requssting that Council convene in Executive Session to discuss and consider a matter of pending litigation, specifically a lawsuit brought against two City employees, pursuant to Section 2.t- 344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, sss report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the City Attorney to convene in Executive Session to discuss and consider a matter of pending litigation, specifically a lawsuit brought against two City employees, 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 Swain, White, Wyatt, Harris, Parrott and Mayor Bower~ 6. NAYS: None 0. (Council Member Trout was out of the Council Chamber.) MUNICIPAL AUDITOR-COMMITTEES-AUDiT COMMITTEE: Minutes of a meeting of the Audit Committee of Roanoke City Council which was held on Monday, December 1, 1997, were before the body. The Audit Committee considered the following items: KPMG Peat Marwick June 30, 1997 Reports: City of Roanoke Letter of Recommendation on Procedures and Controls City of Roanoke Report to the Audit Committee City of Roanoke Pension Plan Letter to the Pension Committee City of Roanoke ComparetJve Report Transmittal Form 112 (For full text, see Minutes on file in the City Clerk's Office.) Mr. White moved that the Minutes be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Pawott and Mayor Bowers 6. NAYS: None 0. (Council Member Trout was out of the Council Chamber.) COMMUNITY PLANNING-VIRGINIA TRANSPORTATION MUSEUM- GRANTS-GREENWAY SYSTEM: A report of the City Manager advising that the Intermodal Surface Transportation Efficiency Act (ISTEA) was signed into Federal law in December 1991, representing a new vision for transportation in America; ISTEA provided for $155 billion to be spent nationwide to rebuild and redirect surface transportation from 1992 - 1997; the intent of ISTEA was to move out of the interstate highway age and to encourage states and localities to make transportation decisions that make communities more livable, economically sound, and economically efficient; and ISTEA legislation placed the power of decision making with state and local govemmente, was before Council. The City Manager further advised that the Interrnodal Surface Transportation Efficiency Act required state deparb,,ente for transportation to set aside a minimum of ten per cent of their Surface Transportation Program (STP) allocation each year to be used for ten specific types of "enhancement" activities that enhance the physical environment; in Virginia, the minimum ten per cent figure equaled $7.5 million in enhancement funds annually; and while all funds under the current program have been allocated, the Virginia Depa,b.ent of Transportation (VDOT) is accepting applications with the expectation of reauthorization. It was explained that enhancement projects may be initiated by any group or individual and must be formally endorsed by Council prior to being submitted to VDOT; two applications received by the City will be submitted to Council on January 20, 1998, which applicants are the Virginia Museum of Transportation for enhancements to its facility and the Fifth Planning District Commission fur Lick Run Greenway funding. 113 ACTION: The City Manager requeeted that a public hearing be advertised for Tuesday, January 20, 1998, at 7:00 p.m., or as aeon thereafter as the matter may be heard to provide citizen input into the selection of projects to be recommended to the State for funding under ISTEA legislation. (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 hold a public hearing on Tuesday, January 20, 1998, at 7:00 p.m. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Parrott and Mayor Bowar~ 6. NAYS: None 0. (Council Member Trout was out of the Council Chamber.) BUDGET: A report of the City Manager requesting that Council approve the following schedule of activities, date~ and t]mee (including two special meetings of Council), in order to finalize all arrangements necessary to move forward with the 1998-99 budget study process, was before the body. April 20, 1998 - Public presentation of fiacal year 1998-99 recommended budget, and update to the Consolidated Plan (Grants budget) to City Council by City Manager. April 20, 1998 - Advertisement recommended Consolidated newspapers. of public hearings on budget, tax rates and Plan update appear in April 27, 1998 - Public Hearings on recommended budget, tax rates and update to the Consolidated Plan. ** Requires Special Meeting of City Council 114 ACTION: ACTION: May 6 - 8, 1998- City Council budget study work sessions May 11,1998 o City Council adopts General Fund, School Fund and Proprietary Fund budgets, ap.provss an annual appropriation ordmnance and adopts the update to the Consolidated Plan. ** Requires Special Meeting of City Council (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the report of the City Manager. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Member~ Swain, White, Wyatt, Harris, Parrott and Mayor Bowers ~. NAYS: None O. (Council Member Trout was out of the Council Chamber.) COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Louis E. Ellis tendering his resignation as a member of the Roanoke Neighborhood Partnership Steering Committee, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed, and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Parrott and Mayor Bowers 6. NAYS: Nono 0. (Council Member Trout was out of the Council Chamber.) 115 ACTION: HUMAN DEVELOPMENT-ROANOKE NEIGHBORHOOD PARTNERSHIP-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Bernice F. Jones as a member of the Advisory Board of Human Development for a term ending November 30, 200t; and Allen L. Clark, W',lliam E. Skssn, and Lular R. Lucky for terms ending November 30, 2000, and Ronald H. Miller for a term ending November 30, 1998, ss members of the Roanoke Neighborhood Partnership Steering Committee. (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 wes seconded by Mr. Swein and adopted by the following vote: AYES: Council Members Swein, White, Wyatt, Harris, Parrott and Mayor Bowers 6. NAYS: Non: O. (Council Member Trout was out of the Council Chamber.) HEARING OF CITIZENS UPON PUBLIC MATTERS: APPALACHIAN POWER COMPANY: Terry L. McMahan, District Manager - Roanoke, American Electric Power, appeared before Council and requested adoption of a proposed resolution in support of the Wyoming-Cloverdale 765 kV transmission project (For full text, see communication on tile in the City Clerk's Office.) Mr. White offered the following resolution: (#33690-010598) A RESOLUTION expressing the support of the City of Roanoke, Virginia, for American Electric Power's Wyoming- Cloverdale 765 kV transmission line project. 116 ACTION: (For full toxt :f Resolution, sas R:eolution Boo: No- 60, page 332') Mr. Wh,te moved the adoption of Resolution No. 33690-010598. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CiTY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: CMERP-BUDGET-PARKS AND RECREATION-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need to replace a street swesper in the Parks and'Grounds Department, and the unit proposed to be replaced is an older unit which is expensive to repair and has extensive downtime; whereupon, the City Manager recommended that Council concur in the following actions: Authorize the purchase of one new tricycle type street sweeper from Virginia Public Works Equipment Company, at a total cost of $81,471.00; Appropriate $81,471.00 from General Fund Current Year Capital Maintenance and Equipment Replacement Program to Transfer to Fleet Management Fund Account No. 00t-004-9310-9506; 117 ACTION: Increase revenue estimate by $81,471.00 in Fleet Management Transfer from General Fund Account No. 017-020-12344)951 and appropriate $81,47t.00 to Fleet Management Fund Vehicular Equipment Account No. 017- 052-2642-9010; and Reject ail other bide received by the City. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33691-010598) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General and Fleet Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 334.) Mr. Trout moved the adoption of Ordinance No. 33691-010598. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: Nono O. Mr. Trout offered the following resolution: (~33692-010598) A RESOLUTION accepting a bid made to the City for furnishing and delivering one new Tricycle Type Street Sweeper; and rejecting all other bide made to the City. (For full text of Resolution, see Resolution Book No. 60, page 335.) Mr. Trout moved the adoption of Resolution No. 33692-010598. The motion was seconded by Mr. Swain and adopted by the following vote: 118 AYES: Council Members Swain, Trout, White, Wyatt, Harris, Panott and Mayor Bowers -7. NAYS: None O. Council Member Swain requested informa~on on the average age of those vehicles which ars proposed to be replaced. BUDGET-CMERP-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need to replace 11 intermediate-class administrative automobiles, two full-size administrative automobiles, and one extended cab four-wheel drive pickup truck; whereupon, the City Manager recommended that Council concur in the following actions: Authorize the purchase of automobiles and a pickup truck as follows: ' 11 new intermediate class 4-door sedans from Borglund Chevrolet, Inc., at a total cost of $156,502.28; One new full size 4-door sedan from Magic City Motor Corporation, at a total cost of $19,779.00; One new % ton extended cab 4-wheel drive pickup truck from Berglund Ford-Pontiac- Mazda, Inc., at a total cost of $20,221.90. Reject all other bids received by the City; Appropriate $t96,503.00 from General Fund Current Year Capital Maintenance and Equipment Replacement Program to Transfer to Fleet Management Fund Account No. 001-004-9310-9506; and Increase revenue estimate by $196,503.00 in Fleet Management Transfer from General Fund Account No. 017-020-1234-0951 and appropriate $t96,503.00 to Fleet Management Fund Vehicular Equipment Account No. 017- 052-2642-9010. 119 ACTION: ACTION: (For full text, eee report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33693-010598) AN ORDINANCE to amend end reordain certain sections of the 1997-98 General and Fleet Management Fund Appropriations, end providing for an emergency. (For full text of Ordinance, eee Ordinance Book No. 60, page 336.) Mr. Trout moved the adoption of Ordinance No. 336934)10598. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris and Parrott 6. 0. NAYS: Nono ... (Mayor Bowers abstained from voting.) Mr. Trout offered the following resolution: (~33694-O10598) A RESOLUTION accepting bids made to the City for furnishing and delivering certain vehicular equipment; and rejecting all other bide made to the City. (For full text of Resolution, eee Resolution Book No. 60, page 337.) Mr. Trout moved the adoption of Resolution No. 33694-010598. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Swain, Trout, . White, Wyatt, Hattie and Parrott .... 6. NAYS: None 0. (Mayor Bowers abstained from voting.) 120 HEALTH DEPARTMENT: The City Manager submitted a written that the Health Laws of Virginia, Chapter 1, Article 5, report advising S~ction 32.1-31, "Operation of local health depa,:.~ent under contract with Board: district health department," states (in part): "A governing body of a city may enter into a contract with the Board for the operation of the local health department in such city. The contract between the City and the board shall specify the services to be provided in addition to the services required by law and shall contain other provision as the Board and the governing body may agree upon." It was further advised that a local commitment statement was used in previous year~ to certify that Council appropriated a given amount for the support of the Roanoke City Health Depafl,~ent. The City Manager explained that a contract and services checklist was completed last year per instructions received by the State Health Depafb,,ent from Dr. Robert Stroube, Deputy Commissioner for Community Health Services, dated September 27, t988; the contract has an automatic year-to-year renewal; the amount of funds dedicated to the con;,act for each fiscal year is negotiated and ag~cd to by an ame. ndment; a contr~a, ct between the Commonwealth of Virginia and the City of Roanoke is necessary for proper billing to localities for health and environmental services; the local match amount of $9t7,477.00 (40.36 per cent of total cooperative budget) was included in the fiscal year 1997-98 resource allocation plan adopted by Council on May 12, 1997; and the t 997-98 HealthOepa,~,,,ent budget is based on approved funding as follows: State Local Match $t,355,757.00 $ 917,477.00 The City Manager recommended that he, or his designee, be authorized to execute an amendment to the contract, in a form to be approved by the City Attorney, with the State Health Depa, t.~ent as provided for in the Health Laws of Virginia. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: 121 (.~33695-0t0598) A RESOLUTION authorizing the City Manager or his designee to enter into an amendment to the contract with the Virginia Department of Health relating to the operation of the local Health Department, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 60, page 338.) ACTION: Mr. Trout moved the adoption of Resolution No. 33695-010598. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ... 7. NAYS: None 0. Council Member Swain requested information on the nature of services provided under the category, "Special Clinic Services". BUDGET-HUMAN DEVELOPMENT: The City Manager submitted a written report advising that the City of Roanoke, in conjunction with Roanoke County and Botetourt County, applied for and received a regional grant of $87,061.00 to assist recipiente of Temporary Assistance to Needy Families (TANF), which, recipients have no transportation to jobs located where public transportation is available or accessible during the ahift work; Roanoke City has agreed to serve as recipient of the funds, with administration of the grant being shared with Roanoke County and Botetourt County since Roanoke City has the largest number of potential users of the grant. It was further advised that recipients of Temporary Aesistenca to Needy Families will receive up to three months, renewable up to six months, of specialized transportation to jobs located outside of public transportation capabilities; specialized transportation will be purchased from private transportation companies such as, but not limited to RADAR or cab companies; and case managers will work with recipients during the period of eligibility to assist recipients with developing their own plans of transportation. The City Manager recommended that Council concur in the following actions: r- 122 ACTION: Accept a grant of $87,06t.00 for transportation needs of Temporary Assistance to Needy Families recipients located in Roanoke City, Roanoke County and Botetourt County to assist in the goal of achieving self sufficiency; Establish a revenue estimate of $87,061.00 in Welfare Reform - Transportation Account No. 00t-020-12344)968; and Appropriate $87,061.00 in Employment Services Account No. 00t-054-5316-3t42, Transportation Costs. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33696-010598) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 339.) Mr. Trout moved the adoption of Ordinance No. 33696-010598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None O. Mr. Trout offered the following resolution: (#33697-010598) A RESOLUTION authorizing acceptance of a grant from the Commonwealth of Virginia Department of Social Services to provide for transportation r, ccds of recipients of Temporary Assistance to Needy Families ("TANF") in Roanoke City, Roanoke County and Botetourt County; and authoriziog execution of the necessary documents. (For full text of Resolution, see Resolution Book No. 60, page 340.) 123 ACTION: Mr. Trout moved the adoption of Resolution No. 33697-010598. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: Nono 0. CITY ATTORNEY: TELEPHONE COMPANIES-LICENSES: The City Attorney submitted a written report advising that Council authorized a Temporary Nonexclusive Revocable License Agreement (License Agreement) with KMC Telecom of Virginia, Inc.' (KMC), pursuant to Ordinance No. 33199-121696, adopted on December t6, 1996, for construction, maintenance and operation of telecommunications facilities in certain areas of the City's righte-of-way; pursuant to Ordinance No. 33199-12t696, the City entered into a License Agreement with KMC, dated January 7, 1997; in light of certain legislative issues that arose during the 1997 General Assembly and legislation that was passed by the General Assembly, KMC requested a one-year extension of its License Agreement with the City; and Council authorized extension of the Agreement, pursuant to Ordinance No. 335674)92297, adopted on September 22, 1997, which one-year extension agreement was dated October 2, 1997. It was further advised that KMC Telecom of Virginia, Inc., has contacted the City and advised that their original route diagram, Exhibit I attached to the License Agreement, needs to be revised; KMC also requested that it be allowed to use such other public ways within the City as it may request, subject to such requsste being approved by the City Engineer and also subject to such requests being in compliance with other provisions of the Agre~'ment, with all other provisions of the Agreement, including the section on compensation, to remain in force; KMC has indicated that starting construction of its network is anticipated to begin in mid to late February of 1998, but the amendment to the Agreement is needed in order to have appropriate flexibility in where it may locate its telecommunications facilities without the nccd of returning to Council each time it needs to extend its facilities or adjust the location of its facilities if different than indicated on the revised diagram; and in view of provisions of the Agreement that 124 ACTION: compensation for use of the City's public ways will be deferred until the City adopts a. Telecommunications Regulatory Ordinance and/or License/French,sa Agreement once the City has further guidance from the General Assembly, no reason exists not to allow the amendment requested by KMC. The City Attorney and the City Manager recommended adoption of an appropriate measure authorizing the City Manager to execute an appropriate amendment to the Agreement with KMC Telecom of Virginia, Inc., as set forth above. (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: (~t33698) AN ORDINANCE authorizing the City Manager to execute on behalf of the City an Amendment to the Temporary Nonexcluaive Revocable License Agreement dated January 7, 1997, with KMC Telecom of Virginia, Inc. (KMC). (For full text of Ordinance, see Ordinance Book No. 60, page 343.) The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ......... 7. NAYS: None r, 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 1997. ACTION: (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. 125 ACTION: Mr. White called attention to the successful football athletic programs at both William Fleming High School and Patrick Henry High School, and recognizing that athletic funds and funds for athletic banquets and awards are limited, he requested that the City Manager contact the Superintendent of Schools to determine if the City can provide financial assistance to recognize student achievements. BONDS/BOND ISSUES-CAPITAL IMPROVEMENTS PROGRAM: The Director of Finance submittad a written report advising that Moody's, Fitch and Standard & Poor's reaffirmed a "AA" bond rating on the City's general obligation bonds; eight bide were received on Wednesday, December 17, 1997, related to the bond sale; based on the overall true interest cost of $4.6089%, the total bonds issued equals $58,685,000.00 (new bends $t3,010,000.00, and refunding bonds $45,675,000,00); total interest cost savings on the bonds called equals $2,363,772.00, which has a net present value of $2,078,484.00; interest cost savings begins in fiscal year t998 and occurs through 2014; and interest cost savings by debt type is as follows: Net Present Value Savin_,s General Debt Water Debt $1,240,005.00 $1, t t8,155.00 Total $2,363,772.00 $2,078,484.00 It was further advised that closing on the bond issue is anticipated to take place on January 15, t998. (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. The Mayor requested that Council be provided with copy of the summary of opinions of bond rating agencies. FEE COMPENDIUM: The Director of Finance submitted a written report advising that the Department of Finance has updated the City's Revenue Compendium through fiscal year 1997 to provide historical information on the sources of City General Fund revenues and School Fund revenues; a description of each revenue, explaining the origin 126 and condition of funding, is included under the "Basis and Current Rats" portion of the Revenue Compendium; and the Revenue Compendium provides a detailed trend analysi~of G.eneral Fund and School Fund revenue sources that finance the operations of Roanoke City Government and serves as a resource to be used to familiarize the City with individual revenue sources and the fiscal capacity of the City. (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 COMMITI'EES: HOTEL ROANOKE CONFERENCE CENTER.COMMUNITY PLANNING: The Mayor advised that a request had bccn made to withdraw a report of the City Planning Commission with regard to renaming the Market Square Walkway the Arthur S. Owens Walkway. BUDGET-TRAFFIC: Council Member John H. Parrott, Chairperson, Bid Committee, presented · written report on behalf of the Committee, in connection with bids rec.e, ived by the. City for construction of traffic signals at the intsreections of Colon,al Avenue and McNeil Drive, S. W., and Herahberger Road and Westside Boulevard, N. W., and advised that traffic signal plans and specifications have been completed for the intersections of Colonial Avenue and McNeil Drive, S. W., and Herahberger Road and Westside Boulevard, N. W.; Virginia Western Community College has committed up to $100,000.00 toward design and installation of the signal at the Colonial Avenue and McNeil Drive intsreection; and signalization of the intsreection of Hershberger Road and Westside Boulevard is to be funded from proceeds of the Public Improvement Bonds Series 1996- Streets Account No. 008-052-9701-9t91. The Bid Committee recommended that Council approve 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 amountof $256,739.66 and 180 calendar days to complete the project, with a project contingency of $25,673.00, for a total cost of $282,416.66; 127 Transfer $t93,914.00 from Public Improvement Bonds I Series 1996 - Streets, Account No. 0.0.8-052-9701-9191, to an account to ~ established by the D;ractor of Finance en'dtisd, "Traffic Signals - Colonial & McNeil/Hershberger & Westside"; and Transfer $88,498.00 from Traffic Signals - Install New Signals, Account No. 0084)52-9561-9007, to Traffic Signals - Colonial & McNeil/Hershberger & Westside. 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. Parrot/offered the following emergency budget ordinance: (~336994)10598) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 341.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 336994)10598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Membera Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowara 7. NAYS: None 0. Mr. Parrot/offered the following emergency ordinance: (#337004)10598) AN ORDINANCE accepting the bid of S. R. Draper Paving Co., for the construction of traffic signals, 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. 60, page 342.) 128 ACTION: ACTION: Mr. Parrott moved the adoption .of Ordinance No. 33700-0105.98. The motion was seconded by Mr. Swa,n and adopted by the follomng vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers .. 7. NAYS: None 0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 33686 rezoning a tract of land described as 3.628-acres, Acreage Tract, Persinger Road, 1147 Persinger Road, S. W., being a portion of Official Tax No. 1260214, from RS-2, Residential Single Family District' to RM-2, Residential Multifamily, Medium Density District' subject to proffers contained in the Third Amended Petition filed in the Office of the City Clerk on December t5, 1997, subject to any changes required by the City during site plan review, having previously been before the Council for its first reading on Monday, December 15, 1997, 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: (~33686-0t0598) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 126, 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. 60, page 328.) Mr. Trout moved the adoption of Ordinance No. 33686-010598. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, Trout' White, Wyatt and Mayor Bowers .... 5. NAYS: Council Members Harris and Parrott .... 129 ACTION: ZONING: Ordinance No. 33687 rezoning New Lot 2, Blocks 12 and 14, Map of Laurel Terrace, located at 639 Liberty Road, N. E., and designated es Official Tax No. 3131003, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to proffers contained in a Petition filed in the Office of the City Clerk on October 9, t997, having previously be. ch before the Council for its first reading on Monday, December t5, 1997, 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: (t/33687-010598) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 313, 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. 60, page 329.) Mr. Trout moved the adoption of Ordinance No. 33687-010598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bower~ 7. NAYS: None 0. ZONING: Ordinance No. 33688 amending the proffered conditions for rezoning of a tract of land located at the north end of Griffin Road, S. W., adjacent to the east side of Franklin Road, U. S. Route 220, identified as Official Tax No. 5480712, which property was previously conditionally rezoned pursuant to Ordinance No. 32867-040196, adopted on April 1, t996, and the original proffered conditions were amended pursuant to Ordinance No. 33355-050597, adopted on May 5, 1997, which amendment will reflect changes in proffered conditions as shown in the Second Amended Petition to Change Proffers filed in the City Clerk's Office on November 10, 1997, and as set forth in a report of the City Planning Commission dated December t5, 1997, having previously been before the Council for its first reading on Monday, December 15, 1997, 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: I"' 130 ACTION: (#336884)10598) AN ORDINANCE to amend ~36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as ame.nded, and Sheet No. 548, Sectional 1976 Zone Map, City of Roanoke, ,n order to amend certain conditions presently binding upon certain property previously conditionally zoned C-2, General Commercial District. (For full text of Ordinance, see Ordinance Book No. 60, page 330.) Mr. Trout moved the adoption of Ordinance No. 336884)10598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None 0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: TRAFFIC: Vice-Mayor Wyatt inquired as to the projected date for the traffic signal installation on Weeteide Blvd. and Herehberger Road, N. W.; whereupon, the Director of Public Works advised that the traffic signal will be installed prior to the beginning of the 1998 school year. PUBLIC WORKS: Council Member Swain commended the City Administration on a report summarizing the status of various City construction projects. SNOW REMOVAL: Council Member Harris commended City staff on recent snow removal efforts. ROANOKE CIVIC CENTER: Vice-~ayor Wyatt requested that temporary facilities be provided at the Roanoke Civic Center pending installation of permanent diaper changing stations in the restroom areas. TRAFFIC-STREETS AND ALLEYS: Council Member Trout requested that the matter of aesthetic enhancements to Liberty Road from Orange Avenue to Williamson Road be referred to the City Manager for study, report and recommendation to Council. 131 SIGNS/BILLBOARDS/AWNINGS-REFUSE COLLECTION: Council Member Swain spoke in support of i.n. stalistion of appropriate eignage at strategic locations in the City eetting forth the penalty for violating the City's litter control laws. OTHER HEARING OF CITIZENS UPON PUBLIC MAT'rERS: None. At 3:25 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, with the exception of Council Members Trout and Harris. 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: (t) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only auch 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 Swain, White, Wyatt, Parrott and Mayor Bowere ... 5. NAYS: None 0. (Council Members Trout and Harris were absent.) COMMITTEES-HUMAN DEVELOPMENT: The Mayor advised that there is a vacancy on the Human Services Committee created by the resignation of Stanley R. Hale, and called for nominations to fill the vacancy. Mr. Swain placed in nomina§on the name bf Evelyn F. Board. There being no further nominations, Ms. Board was appointed as a member of the Human Services Committee, for a term ending June 30, t998, by the following vote: 132 ACTION: ACTION: ACTION: FOR MS. BOARD: Council Membere Swain, Wltite, Wyatt, Parrott and Mayor Bow'ere 5. (Council Members Trout and Harris were absent.) OATHS OF OFFICE-COMMITTEES-COMMUNITY PLANNING: The Mayor advised that there is a vacancy on the City Planning Commission created by the resignation of Cedric Malone, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Alfred T. Dowe, Jr. There being no further nominations, Mr. Dowe was appointed as a member of the City Planning Commission, for a term ending December 31, 2000, by the following vote: FOR MR. DOWE: Council Members Swain, White, Wyatt, Parrott and Mayor Boware 5. (Council Members Trout and Harris were absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that the terms of office of Martin D. Jeffrey, Viola N. Campbell and Barbara N. Duerk as members of the Roanoke Neighborhood Partnership Steering Committee expired on November 30, 1997, and called for nominations to fill the vacancies. Mr. White placed in nomination the name of Martin D. Jeffrey. Ms. Wyatt placed in nomination the names of Viola N. Campbell and Barbara N. Duerk. There being no further nominations, Martin D. Jeffrey and Viola N. Campbell were reappointed for terms ending November 30, 2000, and Barbara N. Duerk was reappointed~for a term ending November 30, 1998, as members of the Roanoke Neighborhood Pa, b,ership Steering Committee by the following vote: FOR MS. CAMPBELL, MS. DUERK AND MR. JEFFREY: Council Members Swain, White, Wyatt, Parrott and Mayor Bowers 5. (Council Members Trout and Harris were absent.) 133 Inasmuch as Ms. Campbell is not a resident of the City of Roanoke, Ms..Wy. att moved that the City residency requirement be waived in this ,nstenca. The motion was seconded by Mr. Swain and adopted. OATHS OF OFFICE-COMMITTEES-BLUE RIDGE COMMUNITY SERVICES: The Mayor advised that the term of office of Ann J. Francis as a City Representative to the Blue Ridge Community Services Board of Directors expired on December 31, 1997, and calisd for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Ann J. Francis. There being no further nominations, Ms. Francis was reappointed as a City representative to the Blue Ridge Community Services Board of Directors, for a term ending December 31, 2000, by the following vote: ACTION: FOR MS. FRANCIS: Council Members Swain, White, Wyatt, Parrott and Mayor Bowar~ 5. (Council Members Trout and Harris were abeenL) OATHS OF OFFICE-COMMITTEES-COURT COMMUNITY CORRECTIONS POLICY BOARD: The Mayor advised that the term of office of W~lliam H. Cleaveland as a City representative to the Court Community Corrections Program Policy Board expired on December 31, 1997, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of William H. Cieaveland. There being no further nominations, Mr. Cleaveland was reappointed as a City representative to the Court Community Corrections Program Policy Board, for a term ending December 31, 2000, by the following vote: ACTION: FOR MR. CLEAVELAND: Council Members Swain, White, Wyatt, Parrott and Mayor Bowers ..... (Council Members Trout and Harris were absent.) I"' 134 Kit B..K. iser a.s a City representative to the Roanoke Valley Re.source Authonty exp,red on December 31, 1997, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Kit B. Kiser. ACTION: There being no further nominations, Mr. Kiser was reappointed as a City representative to the Roanoke Valley Resource Authority, for a term ending December 31, 2000, by the following vote: FOR MR. KISER: Council Members Swain, White, Wyatt, Parrott and Mayor Bowers 5. (Council Members Trout and Harris were abssnL) OATHS OF OFFICE-COMMITTEES-ZONING: The Mayor advised that the term of office of Louise C. Williams as a member of the Board of Zoning Appeals expired on December 31, t997, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Louise C. Williams. There being no further nominations, Ms. Williams was reappointed as a member of the Board of Zoning Appeals, for a term ending December 31, 2000, by the following vote: ACTION: FOR MS. WILLIAMS: Council Members Swain, White, Wyatt, Parrott and Mayor Bowers 5. (Council Members Trout and Harris were absent.) There being no f.Jrther business, the Mayor declared the meeting adjourned at 6:30 p.m. APPROVED City Clerk Mayor 135 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL January 20, t998 12:15 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Tuesday, January 20, t998, at 12:15 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, I~Q,_ular MeetJn._s. of Section 2-15, l~Ul~9~,,tdU)~ Code oftbe City of Roanoke (1979), as amended. PRESENT: Council Members James O. Trout, William White, Sr., Linda F. Wyatt, John H. Parrott, Carroll E. Swain and Mayor David A. Bowers $. ABSENT: Council Member C. Nelson Harris 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grlsso, Director of Finance; and Sandre H. Eakin, Deputy City Clerk. At 12:17 p.m., the Mayor declared the meeting in recess. At t2:21 p.m., the meeting reconvened in the Emergency Opere~ons Center Conference Room, Room 159, Municipal Building South, 215 Church Avenue, S. W., Roanoke, Virginia, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Harris. PARKS AND RECREATION-CITY MANAGER-SNOW REMOVAL: The City Manager recognized William F. Clark, Director of Public Works, for presentation of a briefing with regard to the City of Roanoke'a snow and ice emergency preparedness. Mr. Clark advised that compared with the winter of 1995-96, the City now has the following equipment: 1995.9~i 1997-98 Single axle truck with spreader/plow Single axle trucks with plow only 19 22 15 16 136 ACTION: Double axle with plow Double axle truck with spreader/plow 4x4 pick-up reversible snow plows tl t4 One ton trucks with spreadem and plows 0 Front end loaders 4 Motor Graders 3 Sidewalk snow blowers 0 4 5 3 5 Skid steer loaders, for clearing sidewalks, etc. 0 1 *Three additional snow plows, plow hitches and spreaders have bccn bid and ars now on order s further advised that snow mutes ars established according to priority; it wa ......... ,-- :- ,~-.- downtown area due to the lack of places City crews try to m,mmlze plow,?? ,,: -,- ._. ,,-., .......,4. ,..~ ~,ven-numbered sides '- -'-----'-wn' resloents are II, Virtu u~ ~.~ v.. -- · -- to dump enow In uuw,,~, , . . of narrow residential streets in order to asmst vnth the snow removal process, anu a roximato cost for the City's mo.st rece.nt snow rem. oval efforts on ~e p~p_r_ ~ 4Qe? s t40.000.00, including equipment, supplies and labor. uecem~r ~=, ----, wa $ . Without objection by Council, the Mayor advised that the briefing would be received and filed. CITY MANAGER-JUVENILE CORRECTIONAL FACILITIES: The City Manager presented a briefing with regard to the Roanoke City Juvenile Detention Home, and recognized representatives from the Depa.ri~ent of Juvenile Justice and Hayes, Seay, Mattem & Mat'(em. The following topics were outlined: Present conditions of the facility, and recent certification by the Department of Juvenile Justice Projected construction costs for a City expanded bed proposal 137 I 3. Regional alternatives to the ownership and operation of the Juvenile Detention Home 4. Code intent regarding multi-jurisdictional fecilitie~ and priority funding 5. Projected construction costs for a regional facility 6. Time frame/schedule and joint resolution relating to a regional facility ~CTION: Without objection by Council, the Mayor advised that the briefing would be received and filed. At 12:55 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Tuesday, January 20, 1998, 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 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; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grieeo, Director of Finance; and Sandra H. Eakin, Deputy City Clerk. The reconvened meeting was opened with a prayer by The Reverend Barry G. Lawson, Pastor, Valley View Wesleyan Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. 138 ACTION: PROCLAMATIONS-BUSES-ACTS O.F. ACKNOW. LEDGEMENT: I Mayor Bowers presented a Proclamation declanng Tuesday, January 20, 1998, Valley Metro Appreciation Day in the City of Roanoke and presented City logo pins to several Valley Metro employees in recognition of their achievements during the 9th Annual Virginia Transit Roadeo held on July 26 and 27, 1997, in Norfolk, Virginia. (For full text, see Proclamation on file in the City Clerk's Office.) The Mayor advised that all matters listed under the Consent Agenda ware 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. He called specific attention to a request for an Executive Session for the purpose of discussing and considering a matter of pending litigation, specifically a lawsuit brought against the City. MINUTES: Minutes of the regular meetings of Council held on Monday, October 6, 1997, and Wednesday, October 22, 1997; and the special meeting with the Roanoke County Board of Supervisors on Tuesday, October 28, t997, 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. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowars 7. NAYS: None 0. BUDGET-CITY GOVERNMENT: A communication from Mayor David A. Bowers congratulating the Members of Council and the City Administration for their effort in maintaining the solid fiscal performance of the City of Roanoke'e municipal government, was before the body. 139 (For full text, see communication on file in the City Clerk's Office.) I ACTION: Mr. White moved that the communication be received and fil.ed. The motion was seconded by Mr. Swain and adopted by the follomng vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None 0. ZONING-STATE HIGHWAYS-CITY MANAGER: A report of the City Manager advising that the Virginia Depa,~,,,ent of Transportation has announced that a series of public participation meetings will be held in the Martinsville area, Rocky Mount, and Roanoke concerning the location of Interstate 73; and the meeting to be held in Roanoke will take place in the Clarion Hotel (formerly Sheraton Inn) on Thursday, January 22, from 3:00 p.m. until 7:00 p.m., and encouraging the Members of Council to consider attending the meeting, was before the body. (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. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None 0. COMMITTEES-ROANOKE ARTS COMMISSION: A communication from Lucy g Hazlegrove tendering her resignation as a member of the Roanoke Aris Commission, effective immediately, 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, and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: " 140 ACTION: AYES: Council Membere Trout, White, Wyatt, Harris, Parrott, 7. ~ Swain and Mayor Bowers I ~ NAYS: Nono O. COMMUNITY PLANNING.HOUSINGIAUTHORiTY-BUtLDINGSI BUILDING DEPARTMENT-ROANOKE VALLEY RESOURCE AUTHORITY- OATHS OF OFFICE-COMMiTTEES: The following reports of qualification were before Council: Alfred T. Dowe, Jr., as a member of the City Planning Commission for a term ending December 3t, 2000; Ben J. Fink as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for s term ending August 31,200t; Gredy P. Gregory, Jr., as a member of the Building Code Appeals Board, Volume II (Building Maintenance Division), for a term ending November 10, 2001; and Kit B. Kiser as a City Representative to the Roanoke Valley Resource Authority for a term ending December 31, 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 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 PUBLIC WORKS-COUNCIL: A report of the City Attorney requesting that Council convene in Executive Session for the purpose of discussing and considering a matter of pending litigation, specifically a lawsuit brought against 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.) 141 ACTION: Mr. White moved ~at Coun.c. il concur, in the request of the City Attorney to convene ~.n Executive Session for the purpose of discussing and considenng a matter of pending litigation, specifically a lawsuit brought against the City, pursuant to Section 2.1-344 (A)(7), Code of Virginia (t950), as amended. 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. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: COUNCIL-NEIGHBORHOOD ORGANIZATIONS: A communication from Council Member C. Nelson Harris advising that as Council's liaison to the Roanoke Neighborhood Partnership Steering Committee, he would like to propose that each spring and fall, Members of Council and Administrative staff participate in neighborhood tours, which could be coordinated with individual civic leagues, neighborhood associations, and the Roanoke Neighborhood Partnership; and the purpose of the tour program would be to provide Members of Council with a better opportunity to listen to citizens and become more knowledgeable of neighborhood needs and goals, was before the body. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. Harris moved for "favorable comment" on the request. The motion was seconded by Mr. Parrott and unanimously adopted. BUDGET-SCHOOLS-EQUIPMENT: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. I"' 142 Grant No. 6824 - $300.00 for the Arts Incentive Program to help etren~G,en the ,rte program et Wes..taid. Elementary Magnet School and to encourage innovative arts programs at the school, which new grant program will be funded by Federal funds. Grant No. 6956 - $1 t0,15t.00 for the Roanoke Adolescent Health Partnership to provide for medical services to the Roanoke City Schools in conjunction with the City of Roanoke Health Department and Carillon Health Systems, which continuing program will be reimbursed by donations from Carillon Health Services and the Adolescent Health Pa~b~erahip. Grant No. 6973 - $39,861.00 for the Technology Literacy Challenge Program to develop individual compatencies and training in instructional technology to 220 teachers in grades K-2 in order to improve the academic and technological achievement of the district's primary students, which new grant program will be funded by Federal funds. The School Board fu~;,er requests the appropriation of III $53,921.00 in proceeds from the 1997-98 Capital Maintenance and Equipment Replacement Fund to provide for facility equipment, middle school football equipment, and band instrument replacement. A report of the Director of Finance recommending that Council concur in the request of the School Board, advising that the appropriation of $53,921.00 is the fourth appropriation of the School Board's fiscal year 1997 Capital Maintenance and Equipment Replaceme. nt Program funding of $1,877,074.00, leaving an unappropriated balance of $772,401.00, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~t33701-0t2098) AN ORDINANCE to amend and reordain certain sections of the 1997-98 School and General Fund Appropriations, and providing for an emergency. 143 ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 344.) Mr. Trout moved the adoption of Ordinance No. 33701-012098. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, INhite, Harris, Parrott, Swain and Mayor Bowers 6. NAYS: None 0. (Vice-Mayor Wyatt abstained from voting.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-ROANOKE CIVIC CENTER-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the nccd to purchase an ice protection cover for the Roanoke Civic Center, which will allow the ice arena to be covered to provide for other events without having to remove and/or replace the ice; whereupon, the City Manager recommended that Council concur in the following actions: Authorize the purchase of an ice protection cover for the Roanoke Civic Center from Public Assembly Equipment Co., at a total cost of $85,000.00; Appropriate $85,000.00 from General Fund Current Year Capital Maintenance and Equipment Replacement Program to Civic Center Account No. 005-056-2108-9015; and Reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) 144 ACTION: ACTION: Mr. Trout offered the following emergency budget ordinance: O.D,. .CEto.m..d..d raord.i..ce..,. sections of the 1997-98 General and Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 346.) Mr. Trout moved the adoption of Ordinance No. 33702-012098. 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 Mr. Trout offerad the following rasolution: (tj33703-012098) A RESOLUTION accepting a bid made to the City for furnishing and delivering an ice protection cover for the Roanoke Civic Center; and rajecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 60, page 348.) Mr. Trout moved the adoption of Resolution No. 33703-012098. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowara 7. NAYS: None 0. BUDGET-CAPITAL IMPROVEMENTS PROGRAM-WATER RESOURCES: The City Manager submitted a written report advising that new water services, hydrants and lines ara constructed in response to the demands of new development in accordance with established City policy and to correct araas having water supply problems; demand for new services, hydrants, and water lines craated by significantly greater residential, commercial and industrial construction has exceeded budget expenditura estimates; revenue 145 received, to data, for new ~ervices has exc--cded the budget estimate; and · major new water line construction for private development (e.g. Nursing Home/Pheasant Ridge) and system improvementa (e.g. Van Winkle 8-inch water line to replace Southern Hilla Well System) have reeultad in an over-expenditure, to data, of $120,000.00. It was further advised that Water Fund Account No. 002-056-2178- 9025, New Services, Hydrants and Water Lines, was initially budgeted at $260,000.00 for fiscal year 1998; as of November 30, 1997, fiscal year 1998 annualized expenditures ars expected to total $560,000.00, an excess of $300,000.00 over the amount initially budgeted; annualized revenues are expected to total $550,000.00, an excess of $250,000.00 over the amount of the currant revenue estimate; revenue and expense estimates should be adjusted to reflect the actual results expected in fiscal year 1998; and funda may be appropriated from retained eamings to the extent additional revenues anticipated will not cover expense estimates. The City Manager recommended that Council concur in the following actions: Increase the revenue estimate by $250,000.00 in Water Fund connection charges Account No. 002-020-12340909; Increase the appropriation by $300,000.00 in Water Fund Account No. 002-056-2178-9025, New Services, Hydrants and Lines; and Authorize the appropriation of $50,000.00 from Water Fund previous years retained earnings to fund expense increases not covered by additional fiscal year t998 revenues. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33704-012098) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 348.) 146 ACTION: Mr. Trout moved the adoption of Ordinance No. 33704-012098. 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: Non--' O. POLICE DEPARTMENT: The City Manager submitted a written report advising that Council reviewed and revised parking ticket fines in 1981; it is the citizens' perception that no free parking exists in downtown Roanoke; on-street parking spaces in the downtown area total 1,187, with 422 of these spaces being restricted use or in no- parking zones; available on-street parking spaces in downtown Roanoke during normal business hours total 765; turnover of the perking speces is limited due to the Iow perking ticket fine, contributing to fewer customers and lower sales for downtown businesses; perking tickets were issued for 34,454 infractions of perking regulafions during calendar year 1996 in the downtown area, 59 per cent of which were for ove~me parking and meter violations; interest in parking control by thatthe C,ty of Rosnoke and Downtown Roanoke, Incorpore..tsd, is to ensure adequate road space exists for the safe and expeditious movement of vehicular traffic and for the fair and equitable rotation of on-street perking speces; and time-limited parking ensures use by the maximum number of people as space is made available. It was further advised that the current fine of $5.00 for overtime parking and meter violations is the lowest among Virginia localities surveyed, and does not deter parking violations because an occasional ticket may be more cost effective than monthly parking rates; Section 46.2-1242 of the Code of Virginia (1950), as amended, requires a minimum fine of $100.00 for handicapped parking violafions; the City's current fine for handicapped perking violations is $50.00; 700 monthly parking spaces are now available in downtown, coneisting of 600 spaces in parking structures and 100 on surface lots; the economic value of each parking space for downtown Roanoke businesses, according to information provided by Downtown Roanoke, Incorporated, is estimated to be $200.00 per day, per space; Downtown Roanoke, Inc., supports a fine increase for reasons of deterrence and space rotation; Virginia Western Community College supports a fine increase inasmuch as current fines do not deter repeat violators; and 147 the Roanoke City Fire Department supports a fine increase for fire hydrant parking violations for safety reasons and to ensure that hydrants are accessible. ACTION: The City Manager recommended that Council concur in the following actions: ,-~ Increase certain parking ticket fines to be effective March 1, 1998, in order to allow time for public dissemination of information about the increase and for printing new tickets; and Authorize an amendment to Section 20-89, Code of the City of Roanoke (1979), as amended, ss to fine amounts. (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: (#33705) AN ORDINANCE amending and reordaining §20-89, Penalties for unlawful Darkin,_. of the Code of the City of Roanoke (1979), as amended, the amended section to provide for the increase of certain penalties for unlawful parking within the City of Roanoke; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 60, page 352.) The motion wes 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. ZONING-SIDEWALK/CURB AND GUTTER: The City Manager submitted a written report advising that at the regular meeting of Council on November 17, 1997, Council Members expressed concern with regard to safety issues in connection with the request of Home Depot, U.S.~,., Inc., that 32.68 acres of land, more or less, identified as Official Tax Nos. 6440117 - 6440119, inclusive, be rezoned from RM-2, r' 148 R.esidential Multi-fa.mily, Medium Density District, RS-3,. Residen.tial Stogie-family District, and C-2, Gene~! .Commer. clal Distric. t, respe.c, tively, to C-2, General C.o. mmercial District, su. bject to certain conditions proffered by the petitioner, and inquired if plans exist to extend the sidewalk on Herehberger Road, N. W., from Cove Road toward Peters Creek Road and likewise on Cove Road, N. W., from Lafayette Boulevard toward Peters Creek Road; and a preliminary update was presented to Council on December 15, t997, at which time Council requested a status report within thirty days. It was further advised that representatives of Home Depot' U.S~., Inc., submitted a comprehensive site development to the City in December t997, which indicated that their goal is to begin construction by spring of 1998; the development plan included new sidewalk adjacent to their property along beth Femcliff Avenue and Cove Road; Herehberger Road sidewalk currently exists adjacent to the site; the projections for traffic generated by the new Home Depot store amount to 4,000 vehicle tripe per weekday (2,000 entering the site and 2,000 exiting the site); the t994 traffic volume recorded on Herehberger Road was 28,500 vehicles per day; distribution of traffic would cause an 8.4 per cent increase to Hershberger Road traffic volume, east of Femcliff Avenue, while a 4.8 per cent increase is expected to occur west of Femcliff Avenue; and future retail development is also planned at the Home Depot site, which will add additional tripe. ,I It was explained that pedestrian activity is not expected to increase significantly since the nature of Home Depot's business is building materials and lumber; a pedestrian study conducted on May 7, 1996, counted a total of 45 pedestrians that crossed Herehberger Road at Ferncliff Avenue between the hours of 7:00 a.m. and 7:00 p.m.; Roanoke City Schools have regulations concerning which students must walk and which students receive bus service; and bus service is typically provided to primary school students that live more than 1.5 miles from the school unless no sidewalks exist to accommodate their walk to and from school; therefore, no students are required to walk along Herahberger Road west of Cove Road. It was pointed out that Hershberger Road pavement width currently ranges from 22 to 25 feet with a variable width shoulder and/ or drainage ditch section up to ten feet in width; the Roanoke Valley Area Long Range Transportation Plan (1995-2015) and the Roanoke City Thoroughfare Plan include a proposal to widen Hershberger Road 149 from Cove Road to Peters Creek Road, which is expected to occur within the next ten to 20 years; Council has not officially requested the Virginia Department of Transportation to program the project at thie time due to higher priority roadway projects; Cove Road has no long- range improvements planned at this time; providing a response to the question of when and where sidewalks can be located on the two roadways is difficult at this time for several reasons; issues such as the future widening of either street, the lack of public right-of-way at various locations on both etreate, the possibility of including curb and related drainage facilities, and the available of funding must first be further evaluated; evaluating the need for the sidewalk will be continued, and the same review system that is employed for rating new sidewalk requests will be used; and reaulte of the studies will be reported to Council within the next few months. (For full text, see report on file in the City Clerk's Office.) Me. Wyatt expressed concem with regard to students being required to walk on sidewalks along Herahberger Road and Cove Road, N. W., advising that it is a safety hazard and it is her opinion that safety is a major factor and should take precedence over aesthetics. Mr. INhite concurred in the remarks made by Ms. Wyatt, advising that there are school children as wall as residents of the nursing home located on Lafayette Boulevard and Cove Road who walk along these streets, and questioned why it is necessary to have commercial development in a neighborhood before improvements can be made. He stated that this issue should receive high priority inasmuch as it is a safety issue. Mr. Trout referred to info.,,ation contained in the City Manager's report regarding students not being required to walk along Herahberger Road and questioned whose responsibility this is. The City Manager advised that Council has made sidewalks, curb and gutter a high priority; the administration looks to the school system to tell them where the high priority areas are; that $4 million will fund a great number of sidewalks; and the City administration will continue to give this issue the attention it deserves. 150 The Director of Public Works advised that several depa,~.ents are involved in the evaluation of rating areas for sidewalk, curb and gutter and the staff is continuing to evaluate this matter; however, because it is a complicated matter, more time is needed to evaluate the situation. ACTION: Without objection by Council, the Mayor advised that the report would be received and filed. CITY CLERK: ACTION: CITY CLERK-COMMITTEES-SCHOOLS: The City Clerk submitted a written report advising that pursuant to Chapter 9, ~ 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 Harry F. Davis and Melinda J. Payne as Trustees of the Roanoke City School Board will expire on June 30, 1998; Section 9-16 of the City Cede provides that on or before Februaw t5 of each year, Council shall announce its intention to elect trustees of the Roanoke City School Board for terms commencing July 1 through (1) public announcement of such intention at two consecutive regular sessions of the Council and !2) advertise.m, ent .of such intention in a newspa .per of general .circulation in the C,ty twice a.week for two consecutive weeks; Section 9-17 of the City Code provIdes that applications must be filed in the City Clerk's Office by Mamh 10 of each year; application forms will be available in the City Clerk's Office and may be obtained between the hours of 8:00 a.m., and 5:00 p.m., Monday through Friday; and information describing the duties and responsibilities of School Board Trustees will also be available. (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: 1§1 TELEPHONE COMPANIES-LICENSES: Ordinance No. 33698 i authorizing an amendment to the License Agreement dated Jsnuaw. 7, 1997, between the City and KMC Telecom of Virginia, Inc., authoriz, ng KMC to subetJtuto a revised route diagram to the License Agreement and to further authorize KMC to use such other public ways within the City as it may request, subject to those requests being approved by the City Manager or his designee and that such reqUeSts be in compliance with the other provisions of the License Agreement, with the other terms of the License Agreement to remain the same, the form of such Amendment to be approved by the City Attorney, all as more particularly set forth in the report to Council dated January 5, 1998, having previously been before the Council for its first reading on Monday, January 5, 1998, 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 edopt~on: (//33698-012098) AN ORDINANCE authorizing the City Manager to execute on behalf of the City an Amendment to the Temporary Nonexclusive Revocable License Agreement dated January 7, 1997, with KMC Telecom of Virginia, inc. (KMC). (For full text of Ordinance, see Ordinance Book No. 60, page 343.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33698-012098. 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 O. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: CITY INFORMATION SYSTEMS: Council Member Parrott referred to a communication from the City Manager with regard to the City's efforts in addressing the issue of reprogramming the City's computers to recognize the year 2000. He commended the City Manager and City staff for their foresight in planning ahead to address this issue. 152 The Mayo.r. requested that the information be placed on the Intarnet and pubhshed in the "CityPage" in The R-n;noke Times. SIDEWALK/CURB A..ND GUI-I'ER-PARKS AND RECREATION- ORKS: Council Member Swain stated that he has heard PUBLIC W · · - ' 's clean u favorable commenta from citizens w~th regard to the City P efforts in the areas of sidewalks., curb and gutter and junk cars; howev.er, he expressed concern ~nth .regard to safety ha.za, rds. due to the. existence of dilapidated garages m the City: .especially in older ne,ghborhoods. He requested that the City Administration review its current eyatam and work to develop a plan to deal with these safety hazards. PARKS AND RECR.E~..TION.-~EFUSE COLLECTION-PUBLIC WORKS: Council Member White inquired as to when automated refuse collection will be implemented in the next area of the City; whereup.o.n, the Director of Public Works advised that the gmo~l i~t~;;;8,~aenedn~s City on the automated refuse collection syste Y. P . anticipated that the remainder of City rasidenta will receive recycling containers by the end of the current calendar year. BUDGET-CONVENTION AND VISITORS BUREAU: T.he Mayor read a communication from David L. Kjolh.e. de, Executive Dir_ector ..of ....... L_ ,,_,~. Convention and Vlsitore Bureau, formally /ne r~.o. anu~u .v,-,~z . requesting funding in the amount of $525,000.00 for fiscal year 1998 99. Ms. Wyatt stated that it would .seem. t.o ..e.r th~e..m.o.re t. ou_ri_s..mat~n~l Convention and Visitors Bureau bnngs ,nto the-~ty me bettor, requested that the City Manager bring a report to Council as to the potantial of increased tourism when looking at this matter. The Mayor recommended that the request for funding be referred to 1998-99 Budget Study. Mr. Trout moved that the request of the Roanoke Valley Convention and Visitors Bureau for funding be referred to 1998-99 budget study. The motion was seconded by Mr. Swain. Mr. White expressed concern with regard to the way this matter was handled and questioned why the lettsr was addressed to the Office of Management and Budget, and stated the need to be fair to other organizations who ara requesting funding. 153 ACTION: Mr. White moved that all requests received by the City for funding be sent by the City Manager to be read aloud at City Council meetings. The motion failed for lack of a second. Mr. Harris moved that the Mayor call for the question on the motion made by Mr. Trout, seconded by Mr. Swain. The motion to call for the question was seconded by Mr. Psrrott and lost by the following vote: AYES: Council Members Trout, Harris, Parrott and Swain-----4. NAYS: Council Members White and Wyatt and Mayor Bower · 3. At 3:35 p.m., the Mayor declared the meeting in recess. At 3:39 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. The motion offered by Mr. Trout, seconded by Mr. Swain, to refer the request of the Roanoke Valley Convention and Visitors Bureau to 1998-99 budget study was adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: Nono 0. OTHER HEARING OF CITIZENS UPON PUBLIC MAI'rERS: None. At 3:44 p.m., the Mayor decismd the meeting in recess. At 4:04 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 154 identified in any motion by which any Executive Session was convened wars heard, discu_es~, or considered by City Council. The motion was seconded by Mr. Swa,n and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. HAYS: None .0. At 4:05 p.m., the Mayor declared the mesting in recess until 7:00 p.m. On Tuesday, January 20, 1998, at 7:00 p.m., the Roanoke City Council rsconvened 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, 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; Wilbum C. Dibling, Jr., City Attorney; James D. Grieso, Dirsctor of Finance; and Sandrs 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. ACTS OF ACKNOWLEDGEMENT-CITIZEN OF THE YEAR: On behalf of the City of Roanoke and Members of the Roanoke City Council, the Mayor announced that Patricia N. Toney was selected by the Members of Council to rsceive the City of Roanoke's 1997 Citizen 155 ACTION: of the Year Award. Mr. Trout moved that Patricia N. Toney be recognized as Roanoke City's 1997 Citizen of the Year. The motion was seconded by Mr. Swain and unanimously adopted. The Mayor presented Ms. Toney with a t997 Citizen of the Year Plaque and a Key to the City in recognition of her outstanding achievements. REPORTS OF COMMITTEES: COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: William E. Skeen, Chairperson, Roanoke Neighborhood Partnership Steering Committee, Mr. William E. Skssn, Chair, Roanoke Neighborhood Partnership Steering Committee, presented a report of ectivi'dss for the Neighborhood Pe,b'~ership for t995-1997. He advised that in addition to continuing its ongoing programs, issues such as rental inspections, code enforcement, zoning, crime prevention, and solid waste management have been addressed; the neighborhood leadership training program has expanded significantly based on neighborhood needs, and meanwhile, ongoing programs such as mini- grants, neighborhood development grants and Operation Paintbrush continued to be highly effective and popular, though reduced funding and regulations on how Community Development Block Grant funds are used forced a reduction in some of these services; the Neighborhood Partnership is committed to providing the communication, technical assistance, training and advocacy that will help neighborhoods, businesses, city government and non-profit organizations work together to address major issues like landlord- neighborhood relations, code enforcement and zoning, all with a common goal to improve the quality of life in Roanoke's neighborhoods; and during the last few years accelerated improvements have bccn made, especially in inner-city neighborhoods, and the coming years will take a renewed commitment by city government, businesses, neighborhoods, and non-profit organizations. (For full text, sss report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the remarks of Mr. Skeen would be received and filed. 156 ACTION: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, t98t, the City Clerk having advertised a public hearing for Tuesday, January 20, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heerd,.on the request of Robert C. Bremmer to amend the proffered conditions for rezoning of a tract of land containing 5.44 acres, more or lees, located at 2941 Pete~ Creek Road, N. W., described as Official Tax No. 647.103; _which .rezonmg wa~ reviously approved by the Council of the C,~f eT KoanoKe, pureuan[ tP~ Ordinance No. 32658-092595, adopted on September 25, t995, the matter was before the body. Legal advertisement of the public hearing wa.$ published in ~ on Frida.y., January 2, 1998, and Friday, January 9, 1998, and in the ~ on Thursday, January 8, 1998. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commi.s~.ion advising ~at .th.e_ pro.p~.rty wa.s. rezoned from RS-3 to C-2 and C-1 i.n July t995, subject m certa~.n cond,tions; and the purpose of the rezonmg at ~at time was to permit the continued development of an office park with the flexibility of retail sales on the Peters Creek Road frontage, was before Council. The City Planning Commiesion recommended that Council approve the change in rezoning conditions requested by the petitioner. ~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. Mr. Trout moved that the following ordinance be placed upon its first reading: (~33706) AN ORDINANCE to amend ~36.1-3 and 36.1-4, Co.de of the City of Roanoke (t979), as amended, and Sheet No. 64.1, Sectional 1976 Zone Map, City of Roanoke, in order to amend certem proffered conditions presently binding upon certain property previously conditionally rezoned from RS-3, Residential, Single Family District, to C-2, General Commercial District, and C-t, Office District. 157 (For full text of Ordinance, see Ordinance Book No. 60, page 356.) The motion wee seconded by Mr. Swain. The Mayor inquired if there were parsons present who would like to address Council with regard to the request. There being none, Ordinance No. 33706 was adopted, on its first reading, by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swein and Mayor Bowers 7. NAYS: None ......... 0. ZONING: Pureuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, January 20, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Michael S. Sledd, rspreeentJng Ruby G. Owens, that a l~act of land containing 0.13 acrs, more or less, described as Lots 25 and 26, Block 7, Map of Laurel Terrace Corporation, Official Tax No. 3120713, more commonly known as 2t43 Byrd Avenue, N. E., be rezoned from LM, Light Manufacturing District, to RM-1, Residential Multi-family, Low Density District, the matter wes before the body. Legal adver~sement of the public hearing was published in The Roanoke Times on Wednesday, December 3t, t997, and Wednesday, January 7, 1998, and in the ~ on Thursday, JanuaryS, 1998. (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 the residence and lot, comprising 0.13 acres, more or less, into a zoning classification that is consistent with its original intended use, was before Council. The City Planning Commission recommended that Council approve the request for rezoning, and advised that the rezoning would place the subject property into a zone consistent with its intended and original use. 158 ACTION: (For full text, see report on file in the City Clerk's Office.) Ch. aries W. Boone, Agent for the petitioner, appeared before Council ,n support of the request of his client. Mr. Trout moved that the following ordinance be placed upon its first reading: (#33707) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 312, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 60, page 357.) The motion wes seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being nons, Ordinance No. 33707 was adopted, on its first reading, by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Swain and Mayor Bowers 6. NAYS: None Oe (Council Member Parrott abstained from voting.) ZONING: The Mayor called attention to a public hearing which was previously advertised on the request of Gary W. Scaggs that a b-act of land Iocal~ at 2613 Oakland Boulevard, N. W,, identified as Official Tax No. 2150108, be rezoned from RS-3, Single Family Residential District, to RM-2, Residential Multi Family Medium Density District, subject to certain conditions profrersd by the petitioner. He advised that by communication under date of January 14, 1998, Edward A. Natt, Attorney, representing the petitioner, requested that the matter be deferred from consideration for an indefinite period of time. Mr. Trout moved that Council concur in the request to defer consideration of the matter for an indefinite period of time. The motion was seconded by Mr. Swain and unanimously adopted. 159 BUDGET-ZONING-COMMUNITYPLANNING-GRANTS-GREENWAY SYSTEM-FIFT.H PLANNING DISTRICT COMMISSION: The City Clerk having advertised a public heanng for Tuesday, January 20, t998, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to consideretion of previously received applications for Federal funds expected to be re-authorized and made available through the Intermodal Surface Transportation Efficiency Act (ISTEA) for t~ansportation enhancement projects in fiscal year 1998-99, the matter was before the body. Legal advertisement oft he public heaHng was published in The Roanoke Times on Tuesday, January 6, 1998, and Tuesday, January 13,1998, andinthe Roanoke THbune on Thursday, January 8, t998. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Manager advising that the Intormodal Surface Transportation Efficiency Act (ISTEA) was signed into Federal law in December 1991, providing a new vision for transportation in America and providing for $155 billion dollars to be spend nationwide to rebuild and redirect surface transportation from t992-1997; the intent of ISTEA is to move the country out of the interstate highway age and to encourage states and localities to make transportation decisions that make communities more livable, environmentally sound, and economically efficient; Federal transportation legislation places the power of decision making with Stata and local governments; the purpose is to allow increased flexibility and public input in how Federal funds can be spent to solve local transportation, problems; while the legislation is up for re.authorization in the U. S. Congress, the Virginia Oepa,;.,,ent of Transportation has continued to offer the enhancement program to the public under the assumption that the program will be retained and funded; and ISTEA requires Stata 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, was before Council. It was further advised that two enhancement project applications have been received and must be formally endorsed by Council and the Metropolitan Planning Organization; project selection by the State will use criteria listed in the Virginia Deparbt~ent of Transportation'a Enhancement Program brochure; the Commonwealth Transportation 160 Board approval of projects is expected to occur in June 1998; resolutions adopted by Council that would end.o.rae the two project applications require, a~cording to the Virg,n,a Department of Transportation, that the C,ty agree to pay a minimum of 20 per cer,t of the total cost for planning and design, right-of-way, and construction of the project; if the City subsequently elects to cancel the project, the City agrees to reimburse VDOT for the total amount of the costs expended through the dats of cancellation of a project; and project funding descriptions are as follows: Virginia Museum of Transportation - total project cost estimated at $786,500.00. A total of $386,600.00 (49%) in Federal ISTEA funding is sought with the remaining non- Federal total of $400,000.00 (51%) provided by the applicant with funds previously committed from the 1996 Bond Issue. Fifth Planning District Commission - total project cost estimated at $1,196,403.00. A total of $950,051.00 (80%) in Federal ISTEA funding is sought with the remaining non- Federal total of $246,362.00 (20%) provided by the applicant in the form of property donation, in-kind professional services for plant inventorie~.'~ field surveys, environmental assessments and landscape designs. The City Manager recommended that Council approve the following actions: Endorse project applications by separate resolutions. Agree to pay 5t per cent 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 Transportation for the total amount of costs associated with any work completed on either project through the date of cancellation notice. Authorize the City Manager to execute, on behalf of the City, City/Stste Agreements for project administration, subject to approval of project applications by VDOT. 161 Authorize the City Manager to execute, on behalf of the City, legally binding agreeme.nta with each applicant, subject to approval of each apphcation by VDOT, requiring apldicanta to be fully responsible for their matching funds (51 per cent and 20 per cent, respectively), as well as all other obligations undertaken by the City by virtue of the City/Stato Agreement. A report of the City Planning Commission endorsing the abovedescribed project applications, was also before Council. (For full toxt, see reporbl on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33708-012098) A RESOLUTION requesting that the Commonwealth Transportation Board establish a project for the improvement of the Virginia Museum of Transportation. ACTION: (For full text of Resolution, see Resolution Book No. 60, page 349.) Mr. Trout moved the adoption of Resolution No. 33708-012098. 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 O. Mr. Trout offered the following resolution: (~33709-012098) A RESOLUTION requesting that the Commonwealth Transportation Board establish a project for the Roanoke Valley Comprehensive Greenway System. (For full text of Resolution, see Resolution Book No. 60, page 351.) ACTION: Mr. Trout moved the adoption of Resolution No. 33709-012098. The motion was seconded by Mr. Harris and adopted by the following vote: 162 AYES: Council Membera Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowera . .7. NAYS: None ~). OTHER HEARING OF CITIZENS: PARKS AND RECREATION-COMMUNITY PLANNING: Ms. Pemeller C. Wilson, 3045 Willow Road, N. W., appeared before Council and requested Council's consideration in naming Orange Avenue, N. W. and Eureka Park, in honor of the late Dr. Martin Luther King, Jr. ACTION: Mr. Trout moved that the matter be referred to the City Planning Commission for appropriate action. The motion was seconded by Mr. Swain and unanimously adopted. There being no further business, the Mayor declared the meeting adjoumed at 8:02 p.m. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk David A. Bowers Mayor 163 REGULAR WEEKLY SESSION----ROANOKE CITY COUNCIL February 2, 1998 12:15 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, February 2, 1998, at 12:15 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Rep_ular Meetinss. of Section 2-t5, Rules of Procedure. Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William White, Sr., Linda F. Wyatt, C. Nelson Harris, Carroll E. Swain, James O. Trout and Mayor David A. Bowers 6. ABSENT: Council Member John H. Parrott OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grieso, Director of Finance; and Mary F. Parker, City Clerk. At 12:t7 p.m., the Mayor declared the meeting in recess. At 12:20 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room 159, Municipal Building, 215 Church Avenue, S. W., with Mayor Bowers presiding, and all Members of the Council in attendance. The purpose of the meeting was to hold a joint session with the Roanoke County Board of Supervisors. ROANOKE CITY COUNCIL MEMBERS PRESENT: C. Nelson Harris, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ROANOKE CITY COUNCIL MEMBERS ABSENT: John H. Parrott ROANOKE CITY STAFF PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grieso, Director of Finance; Mary F. Parker, City Clerk; W;llard N. Claytor, Director, Real Estate Valuation; Robert H. Bird, Municipal Auditor; Kit B. Kiser, Director, Utilities and Operations; Glenn D. Radcliffe, Director, Human Development; William F. Clark, Director, Public Works; George C. Snead, Jr., Director, Public Safety; and Angelita Y. Plemmer, Public Information Officer. 164 · ROANOKE .C..OUNTY BOARD OF SUPERVISORS PRESENT: Fenton F. Hamson, Harry C. N,ckens, Joseph McNamare and Chairman B~b L. Johnson ROANOKE COUNTY BOARD OF SUPERVISORS ABSENT. H. Odell Minnix--1. · ROANOKE COUNTY STAFF PRfi. SENT: Elmer C..Hodge, County Admlnistretor; John M. Chambliss, Ass,stent County Admin,stretor; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; George W. Simpson, Assistant Director, EnginssHng and Inspections Depa,~,,ant; Timothy W. Gubala, Director of Economic Development; Thomas S. Hsislip, Director, Parks and Recreation; and Ann Marie Green, Public Information Officer. OTHERS PRESENT: Brian J. Wishneff, Consultant,. Brian Wiehneff and Associates; and David L. Kjolhede, Executive Director, Roanoke Valley Convention and Visitors Bureau. Following lunch, the business session convened at 12:45 p.m. VIRGINIA TECH-HIGHER EDUCATION CENTER: Brian J. W'rshneff, Consultant, Brian Wishnsff and Associates, presented an update on the Higher Education Center, and advised that the Higher Education Center is a $22 million project, $6 million from the private sector, $3 m. illion supporl~l by local governments, $4 million supported by tanan?, and approxlmata!y $9 million supported by the State which indicates that there ,s a strong parthereh,p. He stated that the task over the next few weeks will be to insure that the Governor's Office is aware of the strong partnership that has been built and the City will continue to make its case. He added that area legislators have I:==n supportive in their efforts to insure that Roanoke receives full funding for the project, and encouraged City and County officials to continue their support of efforts by area legislators. Chairman Johnson called attention to requests of the College of Health Sciences to secure State funding, and encouraged the two governing bodies to adopt measures in support of the funding request. Without objection, the Mayor advised that the report on the Higher Education Center would be received and filed· BUDGET-CONVENTION AND VISITORS BUREAU: David L. Kjolhede, Executive Director, Roanoke Valley Convention and Visitors Bureau, advised that over the past four years, the budget of the Convention and Visitors Bureau has remained fiat which has reduced purchasing power by approximately 30 per cent. He stated that the Convention and Visitore Bureau has reviewed ways to address the 165 matter end has devised a formula, based on lodging and admissions and restaurant taxes, as an equitable method to distribute funding into the marketing of their services. He presented information clarifying the funding formula which is based on eight per cent of a four year average of total taxes generated. He advised that the Convention and Visitora Bureau ia not requesting the eight per cent increase for fiscal year t998-99, but requests consideration of the funding formula for fiscal year t999-2000, which would help to restore funding levels and place the Convention and Visitors Bureau in a more advantageous position. (See funding formula on file in the City Clerk's Office.) Without objection, the Mayor advised that the report would be received and filed. CONSULTANTS REPORTS-SEWERS AND STORM DRAINS: George W. Simpson, Assistant Director, Roanoke County Engineering and Inspections Depa,~,,,ent, advised that the Regional Storm Water Management Plan prepared by Dewberry and Davis has been completed and presented to each of the governing bodies. He stated that the Plan provides a road map on how to address storm water problems in the Roanoke Valley and identifies specific projects and cost estimates, identifies homes for review in terms of floodproofing, provides computer models to review future problems, provides a draft storm water management ordinance for review on a regional basis, and identifies funding options. He advised that a key component is the water quality report which will affect Roanoke City, Roanoke County, the City of Salem, and the Town of Vinton, and in May 2002, localities will be required to comply with Environmental Protection Agency regulations. He explained that certain requirements of the Clean Water Act will include a mandated public education participation program. He advised that the technical advisory committee will request each of the localities to participate in a feasibility study by answering the following basic questions: (t) What are the expectations of the citizens of the Roanoke Valley in terms of addressing flooding problems? (2) What services are needed? (3) Will business groupe, home builders, home owners, etc., support the concept? (4) Are citizens willing to pay for the services? 166 Mr. Simpson spoke in support of the Regional Storm Water Management Plan and the need to concentrate on implementation, education and eeakin.g support of the public to continue the regional effort to determine measures for continuing storm water management. William F. Clark, Roanoke City Director of Public Works, pointed out that the Regional Storm Water Management Plan included a study of the 16 watersheds in the Roanoke Valley that had inter-jurisdictional concerns. He stated that within the City of Roanoke there are numerous additional storm drainage needs and the City has done a good job of including funds in past bond issues to address neighborhood storm drainage problems;however, there are many existing nc.-ds and the feasibility study will provide a way to review alternative methods to finance improvements rather than addressing the problems piecemeal. He stated that City staff is in the process of developing a report for the City Manager's consideration, and at the appropriate time, recommendations will be submitted to Council. W'~hout objection, the Mayor advised that the briefing would be received and filed. INDUSTRIES-FIFTH PLANNING DISTRICT COMMISSION: W. Robert Herbert, Roanoke City Manager, advised that the Virginia Regional Industrial Facilities Act of 1997 was a project that evolved from the New Century Council process. He stated that Roanok. e was approached i.n. Novembe.r. 1997 with reg. ard to participating in a regional project, and called attenlion to meetings with offic,als of Roanoke County, Pulaski County and Wayne G. Strickland, Executive Director, Fifth Planning District Commission, in which it was pointed out that in order to lend credibility to the general nature of the project, it was envisioned that a number of governments and, in particular, Roanoke City and Roanoke County being the lead govemments in western Virginia, would be requested to participate in the study phase, with no obligation to participate financially. He advised that Council Member James O. Trout, Chairman, Roanoke City Economic Development Commission, and Philip F. Sparks, Roanoke City Chief of Economic Development, will represent the City of Roanoke during the study phase. Elmer C. Hedge, Roanoke County Administrator, advised that Roanoke County plans to participate on the steering committee; however, the Board of Supervisors will make the final decision as to whether funds will be contributed. W'~thout objection, the Mayor advised that the reports would be received and filed. 167 YOUTH-JUVENILE CORRECTIONAL FACILITIES: John M. Chambliss, Assistant County Administrator, advised that over one year ago, Roanoke County, Roanoke City and City of Salem representatives entered into discussions with members of the judiciary regarding the number of bed spaces that were available at the Roanoke Juvenile Detention facility, which was a 21 bed facility at that time; and the City of Roanoke has, for some time, been working toward an expansion program for an additional 22 beds. He explained that the City of Salem, Roanoke County and Franklin County performed a needs assessment for their respective jurisdictions which revealed that an additional 38 bed facility is needed to accommodate their needs; the needs assessment report was submitted to the Depa,~,,,ent of Juvenile Justice in November 1997, and it was suggested that the three localities work with the City of Roanoke with regard to a future expansion of the Roanoke Juvenile Detention facility; and during the past two months Roanoke County has worked with the City's consultent and City staff in connection with the practicality of such an expansion program. He stated that the Department of Juvenile Justice has also suggested that the localities adopt resolutions in support of the proposed expansion, and revise the planning study and program design for the current facility at Coyner Springs. He added that the Board of Supervisors requested area legislature to submit legislation permitting the formation of a commission to oversee and assist in the funding of a juvenile detention facility, and Delegate C. Richard Cranwell has introduced legislation that would include both the 22nd and 23rd judicial districts; and the State will participate in the construction costs of such a facility, as well as a portion of the initial operating costs, and a regional program would maximize state reimbursement. He advised that Roanoke County staff will work with Roanoke City staff to prepare a sample resolution, and requested that the City of Roanoke, City of Salem and Franklin County adopt similar resolutions to be forwarded to the Department of Juvenile Justice to reinforce consideration of program design, planning studies which have already been submitted, and necessary revisions. He clarified that Roanoke County does not wish to do anything to impede the progress of the City's efforts to expand the facility because additional bed space is needed as quickly as possible. Glenn D. Radcliffe, Roanoke City Director of Human Development, advised that the City has approval to move forward with adding 22 beds to the current 2t bed facility; the City has received approval of the needs assessment and planning study, and it is proposed to move forward with discussions with Roanoke County, Franklin County and the City of Salem. Without objection, the Mayor advised that the briefings would be received and filed. 168 . ZONING-LANDMARKS. IHISTORIC PRESERVATION: Mr. Hodga advised that when Roanoke County officials became aware that Lowe's wa.s in the process of contacting residents of the Pinkard Court area, in order to .a. cqu,re land off Route 220 in Roa. noke .County to construct a new commercial establ,shment, County officials met w~th residents ,of the Pinkard Court area and enforced the n.ee?, to obtain legal and real estate assistance. He stated that Roanoke County made ,t clear from the beginning that the County did not wish to participate in the project unless Lowe's could obtain options on all of the Pinkard Court properties. He advised that Lowe's was successful in obtaining options on all of the properties and has recently completed a successful rezoning of the property. He explained that one of the provisions of rezoning was that Total Action Against Poverty and Blue Ridge Community Housing would reach an agreement with Roanoke County on the former Pinkard Court School that Roanoke County previously donated to TAP, and as a result, TAP and Blue Ridge Community Housing will receive $1 million from the sale of the property which will be used for relocation packages for those persons currently occupying the facility. He statmJ that the Lowe's project is proceeding according to plans and Lowe's would like to break ground as soon as possible. Mr. Wltita addressed the historical significance of the Pinkard Court area and inquired as to what measures will be taken to document the history of the community on a permanent .basis, i.e.: photographs, v!deos, displays, etc. He stated that before the .g. roundbreak, ng, these ~pes of questions should ..be answered, not o.nly for the Pinkard Court community, but fur any community under similar circumstances. Chairman Johnson advised that Pinkard Court will be memorialized in the history of Roanoke County. He called attention to funds for improvements to the infrastructure which are currently being held in escrow and if the agreement with Lowe's does not reach fruition, funds will be available to improve the sewer and water systems. He explained that Lowe's has committed to permanently memorialize the Pinkard Court community with an appropriate monument and appropriate naming of the road, and photographs and videos of the area will be on permanent display in Roanoke County. Mr. White suggested that the Harrison Museum of African-American Culture be considered as a potant~al location for the display of historical artifacts. Dr. Nickens suggested that RVTV-Channel 3 be requested to produce a pictorial documentation of the Pinkard Court subdivision, along with intarviewe of citizens who currently reside in the area. He also suggested that Lowe's be contacted with regard to naming the new store, "Lowe's at Pinkard Court". 169 W'~thout objection, the Mayor advised that the matter would be received and filed. YOUTH-PARKS AND RECREATION: Mr. Herbert called sttantion to continuing efforts by Roanoke City and Roanoke County Parks and Recreation staffs to develop a joint skateboard facility for the Roanoke Valley. He explained that the majority of staff time has been placed on the skateboard facility and the proposed teen centar has bccn delegatad to s temporary pending status. LOW BAND RADIO SYSTEM: Pursuant to information provided by Congressman Robert W. Goodlstte, Mr. Hodge stated that no Federal funds are available for the Low Band Tourist Radio System on the Blue Ridge Parkway. The Mayor advised that Blue Ridge Parkway officials plan to continue their review of the matter. There being no further business, the Mayor declared the Roanoke City Council meeting in recess at 1:55 p.m. At 2:00 p.m., on Monday, February 2, 1998, 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; 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 The Reverend John L. Washington, Pastor, Faith and Hope Church of God and Christ. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. 170 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 attention to two requests for an Executive Session to discuss specific legal matters requiring the advice of counsel, i.e., an issue involving the use of City-owned land lying within the City; and personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. COMMITTEES-COUNCIL: A communication from Mayor David Ao 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), 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 wes 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. PUBLIC WORKS-CITY PROPERTY-COUNCIL: A report of the City Attorney requesting that Council convene in Executive Session to discuss a matter with regard to consultation with legal counsel as to specific legal matters requiring the advice of counsel, specifically an issue involving the use of City-owned land lying within the City, pursuant to Section 2.1~¥. (A)(7), Code of Virginia (1950), as amended, was before the body. 171 ACTION: (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 Attorney to convene in Executive Session to discuss a matter with regard to consultation with legal counsel as to specific legal matters requiring the advice of counsel, specifically an issue involving the use of City-owned land lying within the City, pursuant to Section 2.t-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 White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ...... 7. NAYS: None 0. BUDGET-CITY EMPLOYEES: The City Manager submitted a written report advising that personnel lapse is generated due to employee turnover and vacancies in City deparb~ents; salary savings of $825,000.00 are projected as a result of vacancies in the current fiscal year; and the following figuree represent the status of personnel lapse for fiscal year 1997-98 as of December 31, 1997: Total Budgeted Personnel Lapse ($825,000.00) N~ Adjusted First Quarter Reduction $327,194.00 Second Quarter Personnel Lapse Generated October $162,102.00 November 124,140.00 December 110.341.00 $396.583.00 Less Revenue Adjustment ( 57.206.00i Net Second Quarter Reduction Total Personnel Lapse Reduction $339.377.00 $666.571.00 Personnel Lapse Balance Remaining After Second Quarter (For full text, see report on file in the City Clerk's Office.) 172 ACTION: ACTION: Mr. White moved that the report be received and fll.ed. The motion was seconded by Mr. Swain and adopted by the following vote: _ _ AYES: Council Members White, Wyatt, Hams, Parrott, Swam, Trout and Mayor Bowers 7. NAYS: Nono 0. BUDGET: A report of the City Manager advising that on January 5, 1998, Council adopted the budget study schedule for the fiscal year 1998-99 recommended budget, which schedule included a special meeting of Council to hold a public hearing on Monday, April 27, 1998; and due to a scheduling conflict at the Roanoke Civic Center, the public hearing date has been changed to Thursday, April 30, t998, at 7:00 p.m., in the Roanoke Civic Center Exhibit Hall; whereupon, the City Manager requested formal approval of the revised date for the public hearing (April 30, t998, at 7:00 p.m.). (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the City Manager. The motion was seconded by Mr. Swain and adopted by the ~i~ following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: None 0. ROANOKE CIVIC CENTER-ROANOKE NEIGHBORHOOD PARTNERSHIP-ZONING-YOUTH-OATHS OF OFFICE-COMMII'I'EES: The following reports of qualification were before Council: Roy E. Bucher, Jr., aa a member of the Roanoke Civic Center Commission for a term ending September 30, 2000; Barbara N. Duerk as a member of the Roanoke Neighborhood Parb~ership Steering Committee for a term ending November 30, 1998; Louise C. Williams as a member of the Board of Zoning Appeals for a term ending December 31, 2000; and 173 Thomas M. Winn, III, as a member of the Youth Services Citizen Board for a term ending May 31, 2000. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) ACTION: Mr. White moved that the mporte of qualification be received and filed. 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 O. HEARING OF CITIZENS UPON PUBLIC MATTERS: RIVER PARKWAY/EXPLORE PARK: RogerF. EIImors, Executive Director, Virginia's Explore Park, presented an update on the progress of Explore Park. He invited the Members of Council to a dedication ceremony for the Roanoke River Parkway and the Arthur Taubman I Welcome Center on Wednesday, May 6, .1.998 .(.the date was later changed to Monday, May 4). He presented slides ,llustrating progress over the past year, and detailing present needs of Explore Park and capital infrastructure funding, and presented copy of Explore Park's 1998 report to the Virginia General Assembly. ACTION: Without objection by Council, the Mayor advised that the remarks of Mr. EIImore would be received and filed. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY CLERK: COMMITTEES-SCHOOLS: The City Clerk submitted a written report advising that pursuant to Chapter 9, ~ 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 Harry F. Davis and Melinda J. Payne will expire on June 30, 1998; Section 9-t7 174 ACTION: ACTION: of the City Code provides that applications must b~.. filed in the City available in the C~ty Clerk's Office and may be obtained between the hours of 8:00 a.m., and 5:00 p.m., Monday through Friday. (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. 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 December, 1997. (For full text, see Financial Report on file in the City Clerk's Office.) W"lthout objection by Council, the Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: ~1 I BUDGET-LIBRARIES: John H. Perrott, Chairperson, Bid Committee, presented a written report on behalf of the Committee, with regard to upgrading the heating, ventilating and air conditioning systems at the Main Library, which will preserve the Library's collection of books and other documents, and also improve the level of comfort for staff and patrons. The Bid Committee 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 $118,437.00 and 140 consecutive calendar days; Authorize the Director of Finance to appropriate $127,300.00 from General Fund Reserved For Prior Year Capital Maintenance and Equipment Replacement Program and transfer to an account to be established by the Director of Finance in the Capital Projects Fund ).75 entitled, "HVAC - Upgrade, Roanoke City (Main) Library Building"; in addition to the.contrect amount, the following breakdown includes an. ,ncreaee in the consultant's (Lawrence Perry & Aesoc,atas, Inc.) fee for extra services furnished to review project bid documents in view of recent changes to the Building Code, for the cost of advertising the project for bids, for reproducing bid documents, and for · contract contingency to cover additional work that might result from conditions unforeseen et the time the project was designed: Item Amount Contract Amount Increase in Professional Fee to Lawrence Perry & Associates, Inc. Advertising Reproduction of Bid Documents Contingency (5%) Total Cost for Project $118,437.00 900.00 250.00 t50.00 7.563.00 $127,300.00 Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. -~ (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#33710-020298) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 358.) ACTION: Mr..Parrott moved the adoption of Ordinance No. 33710-020298. The motion was seconded by Mr. Swain and adopted by the following vote: 176 ACTION: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowrs 7. NAYS: None 0. Mr. Parrott offered the following emergency ordinance: (f/33711-020298) AN ORDINANCE accepting the bid of Raymond E. Jackson Constructors, Inc., to make improvements to the heating, ventilating, and air-conditioning (HVAC) systems and to provide better control of humidification levels within the Main Library, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 359.) Mr. Parrott moved the adoption of Ordinance No. 337tl-020298. The motion wes 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. CITY PROPERTY-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to authorization to advertise certain City property, for sale to the public; located in Roanoke County across Underhill Avenue, S. E., near the City's Water Pollution Control Plant. A staff report advised that the abovedescribed property was acquired by the City as a portion of a 32-acre tract of land acquired for the Water Pollution Control Plant; the property, which is in a residential area, contains approximately .5 acre, and is no longer needed by the City and may be sold as surplus property; and City policy requires surplus property to be advertised for sale and sold to the highest bidder if the property can be used to construct a separate structure. 177 ACTION: ACTION: The Water Resources Committee recommended that Council authorize the City Manager to advertise for sale to the general public that portion of Official Tax No. 70.11-1-1 containing approximately .5 acre, which is separated from the remainder of the tract of land by Underhill Avenue, S. E. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (#33712-020298) A RESOLUTION declaring certain City-owned real estate to be surplus property and authorizing its advertisement for sale to the general public. (For full taxt of Resolution, see Resolution Book No. 60, page 360.) Ms. Wyatt moved the adoption of Resolution No. 33712-020298. 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: Nort= 0. CONSULTANTS REPORTS-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, recommending that Council authorize the City Manager to retain the services of a consultant, to be funded by the Water Fund, to develop a comprehensive land use plan for Carvina Cove Reservoir property; and that a draft of the Request for Proposals for Services be circulated to all Members of Council for their input. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt moved that the City Manager be authorized to retain the services of a consultant, pursuant to the City's Procurement Code, to study the entire Carvins Cove Reservoir property and to produce a comprehensive land use plan for such property, with the objective of maximizing recreational uses of the property while protecting the primary water supply for the citizens of Roanoke from any use that 178 ACTION: would adversely affect the quality or quantity of such water or the cost of produ, ci.ng potable drinking water, such study shall be funded by an appropriation from the Water Fund; and that the Members of Council be ~ invited to provide input regarding the Request for Proposals. The ~ motion was seconded by Mr. Trout and unanimously adopted. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: FIRST UNION NATIONAL BANK-POLICE DEPARTMENT-TRAFFIC- CITY CODE: Ordinance No. 33705 amending and reordaining Section 20-89, Penalties for unlawful oarkinu, of the Code of the City of Roanoke (1979), as amended, the amended section to provide for an increase of certain penalties for unlawful parking within the City of Roanoke; effective March 1, 1998, having previously been before the Council for its first reading on Tuesday, January 20, 1998, 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: (~t33705-020298) AN ORDINANCE amending and reordaining §20- 89, Penaltie~ for unlawful _~arkinu_. of the Code of the City of Roanoke (1979), as amended, the amended section to provide for the increase of certain penalties for unlawful parking within the City of Roanoke; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 60, page 352.) Mr. Parrott moved the adoption of Ordinance No. 337054)20298. 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:Nono 0. Council Member Swain requested information on the cost per employee for First Union National Bank employees to park in the First Union Parking Garage. If¸ 179 ZONING: Ordinance No. 33706 amending conditions previously I proffered with respect to property described as a 5.44 acre tract .of land located at 294t Peters Creek Road, N. W., designated as Official Tax No. 6410103, as set forth in the Second Amended Petition filed in the Office of the City Clerk on January 13, t998, having previously been before the Council for its first reading on Tuesday, January 20, 1998, 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: (ft33706-020298) AN ORDINANCE to amend ~36.t-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 941, Sectional t976 Zone Map, City of Roanoke, in order to amend certain proffered conditions presently binding upon certain property previously conditionally rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, and C-1, Office District, (For full text of Ordinance, see Ordinance Book No. 60, page 356.) ACTION: Mr. Harris moved the adoption of Ordinance No. 33706-020298. The motion was seconded by Mr. Parrott and adopted by the following vots: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: None ' ' "0. ZONING: Ordinance No. 33707 rszoning a tract of land located at 2t43 Byrd Avenue, N. E., designated as Official Tax No. 3120713, from LM, Light Manufacturing District, to RM-1, Residential Mult~family, Low Density District, in accordance with a Petition filed in the Office of the City Clerk on November 5, 1997, having previously been before the Council for its first reading on Tuesday, January 20, 1998, 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: (~t33707-020298) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 312, Sectional t976 Zone Map, City of Roanoke, to rezone certain property within the City. 180 ACTION: (For full text of. Ordinance, see Ordinance Book No. 60, page 357.) Mr. Hams moved the adoption of Ordinance No. 33707-020298. B I 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. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ROANOKE CIVIC CENTER-ROANOKE SYMPHONY ORCHESTRA- CMERP: Council Member Trout inquired about the status of acquiring a new portable acoustical shell for the Auditorium at the Roanoke Civic Center; whereupon, the City Manager advised that the acoustical shell will be a priority in the next round of Capital Maintenance and Equipment Replacement Pr .~ram funding, and. ,, approved by Council. the acoustical shell will be installed in time for the fall season of The Roanoke Symphony. HOUSING/AUTHORITY: Council Member Swain called attention to concerns expressed by certain residents of the City regarding the encroachment of infill housing in their neighborhood, which infill housing is not compatible with the overall character of the remainder of the neighborhood. He requested that the City Manager investigate this specific concern and, in addition, provide CotJncil with a report on the seriousness of the issue, city-wide. STATE HIGHWAYS-COMPLAINTS: Council Member Trout requested that City officials confer with Virginia Deparb,ent of Transportation officials to determine if the ver'dcal screen/fence can be reinstalled on 1-581 at the location of Cycle Systems, Incorporated. COMPLAINTS-STATE HIGHWAYS-ROANOKE CIVIC CENTER: Council Member Trout inquired if the barrels on 1-581 in the vicinity of the ramp leading to the Roanoke Civic Center can be removed inasmuch as certain construction in the area has been completed. 181 OTHER HEARING OF CITIZENS UPON PUBLIC MATI'ERS: Nons. At 2:40 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. ACTION: COUNCIL: With respect to the Executive Session just concluded, Mr. Swain moved that sach Member of City Council certify to the beat of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements undsr 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 White, Wyatt, Harris, Par~ott, Swain, Trout and Mayor Bowers 7. NAYS: None 0. I OAT. HS OF OFFICE-COMMITTEES-GREENWAY SYSTEM: The Mayor advised that there is a vacancy on the Roanoke Valley Greenway Commission created by the resignation of Delvis O. McCadden, and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Barry W. Baird. There being no further nominations, Mr. Baird was appointed as a member of the Roanoke Valley Greenways Commission, for a term ending June 30, 1999, by the following vote: ACTION: FOR MR. BAIRD: Council Members Whits, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ..7. OATHS OF OFFICE-COMMITTEES-TRANSPORTATION SAFETY: The Mayor advised that there is a vacancy on the City of Roanoke Transportation Safety Commission created by the resignation of Kathryn V. Weikel, and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of David A. Morgan. 182 ACTION: ACTION: ACTION: There being no further nominations, Mr. Morgan was appointed as · member of the City of Roanoke Transportation Safety Commission, for a term ending October 3t, 2000, by the following vote: FOR MR. MORGAN: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .... 7. 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 Richard S. Winstead, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Acme Hayes. There being no further nominations, Mr. Hayes was appointed as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 30, 1998, by the following vote: FOR MR. HAYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. OATHS OF OFFICE-COMMITTEES-INDUSTRIES: The Mayor advised that there is s vacancy on the City of Roanoke Industrial Development Authority created by the ineligibility of Russell O. Hannabass to sswe another term, and called for nominations to fill the vacancy. Trout placed in nomination the name of S. Deborah Oyler. There being no further nominations, Ms. Oyler was appointed as a Director of the City of Roanoke Industrial Development Authority, for a term ending October 20, 2001, by the following vote: FOR MS. OYLER: Council Members White, Wyatt, Harris, Parrott, Swain Trout and Mayor Bowers .............. 7 Mr. Trout moved that the City residency requirement be waived in this instance. The motion was seconded by Mr. Parrott and unanimously adopted. 183 OATHS OF OFFICE-COMMITTEES-ZONING: The Mayor advised that there is a vacancy on the Board of Zoning Appeals created by the expiration of the term of office of Douglas C. Waters, and called for nominations to fill the vacancy. Mr. Trout placed in nomination the name of Joel W. Richert. There being no further nominations, Ms. Richert was appointed as a member of the Board of Zoning Appeals, for a term ending December 31, 2000, by the following vote: .--. ACTION: FOR MS. RICHERT: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. COMMITTEES-FIFTH PLANNING DISTRICT COMMISSION: The Mayor advised that there is a vacancy on the Roanoke Valley Area Metropolitan Planning Organization created by the resignation of Mareha C. Fielder, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Sherman A. Holland. memberThere beingof no further nominations, Mr. Holland .w..as appoin.ted Roa.n. oke Valley Area Metropolitan Planning a the Organization, for a term ending June 30, 1999, by the following vote: ACTION: FOR MR. HOLLAND: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. ACTION: COUNCIL: In the absence of the Mayor and the Vice-Mayor, Mr. Parrott moved that Council Member William White, Sr., be appointed as Chair Pro Tern to preside over the regular meeting of Council on Tuesday, February 17, 1998. The motion was seconded by Mr. Swain and unanimously adopted. There being no further business, the Mayor declared the meeting adjourned at 4:00 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 184 REGULAR WEEKLY SESSION ROANOKE CI'W COUNCIL February 17, 1998 12:t5 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Tuesday, February 17, 1998, et 12:15 p.m., the regular meeting hour, with Chairperson Pro Tem White presiding, pursuant to Rule 1, ~A~tC]~l~ll/g~ of Section 2-t5, Rules of Procedure. Cede of the City of Roanoke (1979), as amended. PRESENT: Council Members John H. Parrott, Carroll E. Swain and Chairperson Pro Tem ~FiIliam White, Sr. 3. ABSENT: Council Members C. Nelson Harris James O. Trout, Linde F. Wyatt and Mayor David A. Bowers OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attomey; James D. GHeso, Due to the lack of a quorum, it was not possible to hold a meeting of Council; however, the City Manager and City staff presented briefings on the Roanoke City Juvenile Detention Facility and Annual Crime Statistics for t992 - 1997. JUVENILE CORRECTIONAL FACILITIES-YOUTH: Jack E. Trent, Superintendent, Juvenile Detention Home, presented a briefing on current status of the Juvenile Correctional Facility at Coyner Springs, and steps that nccd to be taken in terms of acquiring State approval for additional bed space. He introduced representatives of Hayes, Seay, Mattern and Mattem, Architects and Engineers, to present two parallel projects, viz: (1) expansion of the facility to meet City needs only, and (2) expansion of the facility to address the needs of Franklin County, Roanoke County and the City of Salem. Mr. Trent advised that the process involves four steps: (1) a needs assessment which was completed and approved by the State in 1996, (2) a planning study, and (3) submittal of a 35 par cent preliminary drawing which has tentatively been approved by the Depaf~,,,ent of Juvenile Justice Capital Outlay Depar~,,ent. He further advised that in December 1997, representa~ves of Roanoke City, Roanoke County and the City of Salem discussed possibilities of expanding the Juvenile mi 185 Detention Home to provide for additional bads and the feasibility of becoming a regional facility. He added that Hayes, Sesy, Mattem & Mattom was employed to review all options and to provide basic cost figures, which study was funded by Roanoke County, the City of Salem, and Franklin County. He explained that a decision needs to ba made at some time in the future as to whether to construct s facility to meet only the needs of the City of Roanoke, or to construct s facility that will meet regional needs of the four jurisdictions. Using various diagrams and models, representatives of Hayes, Sesy, Mattern & Mattem presented a briefing on various options for a local facility versus a regional facility. POLICE DEPARTMENT: Lieutenant William L. Althoff, Planning Unit, Police Depa,~,,,ent, presented a briefing on uniform crime statist]ca for t~e City of Roanoke, 1992-1997. (See report on file in the City Clerk's Office.) At 1:10 p.m., the Chairperson Pro Tern declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Tuesday, February 17, 1998, the regular meeting of City Council reconvened in the Roanoke City Council Chambar, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Membars in attendance, Chairperson Pro Tem White presiding. PRESENT: Council Membare C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout (arrived at 2:40 p.m.) and Chairperson Pro Tem · F, Iliam White, Sr. .. -..5. ABSENT: Mayor David A. Bowers and Vice-Mayor Linda F. Wyatt OFFICERS PRESENT: W. Robart Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grieso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Council Membar Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Chairperson Pro Tem White. 186 ACTION: ACTION: The Chairperson Pro Tem advised that a!l matters listed under ! I the Consent Agenda ware considered 1~ be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the regular meetings of Council which was held on Monday, November 3, 1997, end Monday, November 17, 1997, ware before the body. (For full text, see Minutes on file in the City Clerk's Office.) Mr. Parrott 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 Harris, Parrott, Swain and Chairperson Pm Tem White 4. (Council Members Trout, Wyatt and Mayor Bowere were abssnL) ROANOKE NEIGHBORHOOD PARTNERSHIP-COMMITTEES: A report of qualification of Martin D. Jeffrey as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2000, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mr. Parrott moved that the report of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: 187 ACTION: AYES: Council Members Harris, Parrott, Swain and Chairperson Pro Tem White 4. NAYS: Nono O. (Council Members Trout, Wyatt and Mayor Bowers ware absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A communication from Maryellen F. Goodlatte, Attorney, representing Southern Lane Group, LLC, requesting that a petition to rezone certain tracts of land located on Southern Lane, Southern Hills Drive and Griffin Road, S. W., which was previously tabled by Council at its regular meeting on Monday, December 15, t997, be removed from the table and that a public hearing be scheduled for Monday, March 16, 1998, at 7:00 p.m., was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. Swain moved that the matter be removed from the table and that the City Clerk be authorized to adverse a public hearing to be held on Monday, March 16, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard. The motion was seconded by Mr. Harris and adopted. CONVENTION AND VISITORS BUREAU-ANNUAL REPORTS: David L. Kjolhede, Executive Director, Roanoke Valley Convention and Visitors Bureau, presented the Annual Report of the Convention and Visitors Bureau for fiscal year 1996-97. He stated that convention leads are up, room nights booked are down, and convention attendees are down, which means that estimated direct spending is also down, conventions hosted over the last year ars down, and motor coach sales leads generated are down. He advised that numbers are down acroee- the-board which could be due to competition and the amount of dollars that the Convention and Visitors Bureau has included for marketing which has an impact over a period of time. As a positive, he explained that the available amount of dollars to purchase advertisements is down, yet responses received by the Convention and Visitors Bureau are up significantly due, in pert, to the fact that their marketing strategy has been refined. He called attention to an increase in the category of 188 ACTION: travel writcre which provides publicity that coul.d, not be purchased and has provided an opportunity to expand marketing efforts and stretch available dollars. He stated that overall, 1996-97 was a good, solid year. Mr. Swain advised that during t997-98 budget study, there was discussion by Council and a request for a report on the status of minority employment by the Roanoke Valley Convention and Visitors Bureau, which report has not been received to date. He requested that Council be provided with a rspo.,t on the number of minority staff positions on the Roanoke Valley Convention and Visitors Bureau and, if there is a shortfall in minority employment, what actions are proposed to be taken to employ minorities in responsible positions. I/~hout objection by Council, the Mayor advised that the Annual Report would be received and filed. BUDGET-ELECTIONS: Louella C. Thaxton, General Registrar, presented a request of the Roanoke City Electoral Board for an increase in the compensations for voting machine mechanics from $7.00 per hour to $7.40 per hour, effective April 1, 1998. Mr. Par~ott moved that the request be re.ferred to t998-99 budget study. The motion wee seconded by Mr. Swetn and adopted. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting that $841,700.00 be appropriated for construction costa at Huff Lane Elementary School, which funds will be provided by a Literary Fund loan, 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.) Mr. Trout offered the following emergency budget ordinance: 189 ACTION: (~337134)21798) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 361.) Mr. Trout moved the adoption of Ordinance No. 337134)21798. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout and Chairperson Pro Tern White ............ 5. NAYS: Nono 0. (Mayor Bowers and Vice-Mayor Wyatt were absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET*HUMAN DEVELOPMENT-FIRST UNION NATIONAL BANK-TEEN PREGNANCIES-LEASES: The City Manager submitted a written report advising that increased space requirements for the Department of Social Services has been brought about by new program requirements in the Welfare Reform policy; the Child Day Care and Pregnant Teen/Teen Parent Programs, a unit of Social Services, operates programs focused on keeping pregnant and parenting teens in school, preparing them to be good parents and to become self- supporting; 11 professionals comprise the total staff of the programs, which include the Child Day Care staff of five social workers and one homeflnder, the Pregnant Teen/Teen Parent staff of one senior social worker and two aides, one additional aide and one supervisor; and current space is insufficient to house the Child Day Care and Pregnant Teen/Teen Parent Programs. 190 ACTION: It was f~U,er advised that the Depa, b,,ent of Social Services ha~ located suitable space on the fourth floo.r, of the former Signet Bank Building, now owned by First Union National Bank, located at 1t0 Church Avenue, S. W., to house the Child Day Cars and Pregnant Teen/Teen Parent Programs and staff; and gross rental space, including common areas, totals 2,656 square feet; and net rental space totals 2,371 square ~ which space is on the same floor as the space previously leased for the Social Services Employment Services Program and may be obtained through an amendment to the City's existing lease. It was explained that proposed Lease Amendment No. 1 will expire on October 14, 2002; the lease rate of $2,766.67 par month is equivalent to $12.50 par square foot per year of gross space, including utilities and custodial service, which is considered a competitive price for finished office space; and proposed Lease Amendment No. 1 between the City and First Union National Bank, or its successor in interest, must be approved by Council. The City Manager recommended that Council authorize execution of Lease Amendment No. 1, in a form to be approved by the City Attorney, with First Union National Bank. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33714-021798) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 362.) Mr. Trout moved the adoption of Ordinance No. 33714021798. The motion was seconded by Mr. Swain and adopted by the following vote: 191 ACTION: AYES: Council Members Harris, Parrott, Swain, Trout and Chairperson Pro Tem White 5. NAYS: Nono 0. (Mayor Bowers and Vice-Mayor Wyatt ware absent.) Mr. Trout offered the following emergency ordinance: (#33715-021798) AN ORDINANCE authorizing the City Manager to enter into an agreement with First Union National Bank, or its successor in interest, to amend the Lease Agreement by and between the City and Signet Bank, predecessor in interest to First Union National Bank, for the leasing of additional office space within the former Signet Bank Building located at 110 Church Avenue to house the Child Day Cars and Pregnant Teen/Teen Parent Programs and staff, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 363.) Mr. Trout moved the adoption of Ordinance No. 33715-021798. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout and Chairperson Pro Tern White 5. NAYS: Nono 0. (Mayor Bowers and Vice-Mayor Wyatt were absent.) STATE HIGHWAYS-STREETS AND ALLEYS: The City Manager submitted a written report advising that the Code of Virginia (1950), as amended, establishes the eligibility criteria of localities for receiving funds from the Virginia Department of Transportation (VDOT) for street maintenance; the Code of Virginia specifies two functional classifications of highways (Principal/Minor Arterials and Collector/Locals) and eetablishss a base payment rate par lane mile fur each classification of roadway, which rates ars adjusted annually by VDOT based on a Statewide maintenance index of unit costs for labor, equipment and materials used by VDOT on roads and bridges; and City eligibility for fiscal year 1997-98 is approximately $7,560,515.00 in street 192 maintsnanca payments from VDOT, which fund~ are used for numerous maintenance expenditures that the City !ncura for streets, sidewalks, curb and gutter, traffic signals, bridges, signs and pavement markings. It was further advised that inventory additions need to be submittsd to the Virginia Department of Transportation prior to April 1, 1998, in order to be eligible for payments for the next fiscal year; City staff has found that the proposed list of ~,;,,,ets should be submitted to VDOT prior to April 1, 1998, to enable eligibility for payment in the next fiscal year; approval of the addition to the street inventory could add $101,089.00 at current year payment rates, which changes include two major roadway projects that are nearing completion (Petsre Creek Road Extension - Phase II and extension of Valley View Boulevard); and any roadway not completed by July 1998, may be deferred by VDOT to the following fiscal year for maintenance payment eligibility. The City Manager recommended that he be authorized to submit a proposed 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.) _ Mr. Hame offered the following resolution: (~337164)21798) A RESOLUTION authorizing the City Manager to submit a street inventory for Stets maintenance payment eligibility to the Virginia Depa,:.,,ent of Transportation (VDOT), upon forms prescribed by VDOT for approval by the Commonwealth Transportation Board, in order to ensure the City's eligibility for Stets maintenance funds. ACTION: (For full text of Resolution, see Resolution Book No. 60, page 364.) Mr. Harris moved the adoption of Resolution No. 337164)21798. The motion was seconded by Mr. Swain and adopted by the following vote: ! ! 193 ACTION: AYES: Council Members Harris, Perrott, Swain, and Chairperson Pro Tem White 4~ NAYS: None 0. (Council Members Trout, Wyatt and Mayor Bowers ware absent.) POLICE DEPARTMENT-TRAFFIC-GENERAL SERVICES-PARKS AND RECREATION-CMERP-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need to replace nine vehicles with four-wheel drive units; whereupon, the City Manager recommended that Council concur in the following actions: Authorize the purchase of the fo#owing vehicles: Two mid-size units from Berglund Ford, Inc., at a total cost of $50,300.00; and Seven mid-size units from Magic City Motor Corporation, at a total cost of $168,716.10. 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: (#33717-021798) A RESOLUTION accepting bids made to the City for furnishing and delivering 4-wheel drive vehicles upon certain terms and conditions; and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 60, page 365.) Mr. Harris moved the adoption of Resolution No. 33717-021798. The motion was seconded by Mr. Swain and adopted by the following vote: 194 ACTION: AYES: Council Members Harris, Pan, ott, Swain, and Chairperson Pro Tam White 4~ NAYS: Nono O. (Council Members Trout, Wyatt and Mayor Bowers ware absent.) PARKS AND RECREATION-EQUIPMENT-CMERP: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need for a Mobile Stage/Performance Center for the Parks and Recreation Depa, b~ant; whereupon, the City Manager recommended that Council authorize the purchase of one new Mobile Stage/Performance Center, including state extensions, from Wenger Corporation, at a total cost of $77,361.00; and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#33718-021798) A RESOLUTION accepting the bid of Wenger Corporation, for the purchase of one new Mobile Stage/Performance Center with stage extensions, for use by the Parks and Recreation Deparlment, upon certain terms and conditions; and rejecting all other bids made for such items. (For full text of Resolution, see Resolution Book No. 60, page 366.) Mr. Swain moved the adoption of Resolution No. 33718-021798. The motion was seconded by Mr. Panott and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, and Chairperson Pro Tam White 4. NAYS: None 0. (Council Members Trout' Wyatt and Mayor Bowers were absent.) ! I 195 BUDGET-POLICE DEPARTMENT-GRANTS: The City Manager aubmittsd a writtsn report advising that on November 4, t996, pursuant to Resolution No. 33177-110496, Council authorized the City Manager to execute documents for application to the Department of CHminal Justice Services Grant Program for funds in the amount of $t5,000.00, with the City providing a local cash match of $3,750.00; grant funding was applied to the fees of a consulting finn to act as project manager on an extensive Records Management System ~pgrede project being undertaken by the Police Department and City Information Systems; the grant was awarded at $12,900.00 with $3,225.00 required aa the local cash match; and in September 1997, the Police Department was advised that additional grant funds for the project are available under the same program. It was explained that John Doreey and Associates was selected as project consultants in May 1997, following an established City bid process, which finn is currently assisting with developing the upgrade of the Police Records Management System, Jail Management System, and Communications Computer Aided Dispatch System; addi~onal funds, in the amount of $46,875.00, have been awarded to the City from the same State grant program, which requires a 25 per cent local cash match ($15,625.00); and project development and installation is expected to require consultant assistance for at least another full year. The City Manager recommended that he be authorized to execute the appropriate documents to accept $46,875.~0 in funds from the Department of Criminal Justice Services grant program; and to appropriate $62,500.00 ($46,875.00 State funds and $15,625.00 Local Match) to Grant Fund expenditure and revenue 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: (#33719-021798) AN ORDINANCE to amend and reordsin certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 367.) 196 ACTION: ACTION: Mr. Trout moved the adoption of Ordinance No. 33719-021798. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout and Chairperson Pro Tem White 5. NAYS: None 0. (Mayor Bowers and Vice-Mayor Wyatt were absent.) Mr. Trout offered the following resolution: (*t33720-021798) A RESOLUTION accepting a certain grant for criminal history records system improvements from the Commonwealth of Virginia's Depa,:.,,ent of Criminal Justice Services and authorizing execu'don of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 60, page 368.) Mr. Trout moved the adoption of Resolution No. 33720-021798. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout and Chairperson Pro Tem White 5. NAYS: None 0. (Mayor Bowers and Vice-Mayor Wyatt were absenL) BUDGET-POLICE DEPARTMENT-COMMONWEALTH'S ATrORNEY: The City Manager submitted a written report advising that the Virginia General Assembly adopted State legislation in t99t, t8.2.249 COV, which allows local law enforcement to seize and take possession of forfeited property connected with illegal narcotics distribution; the law also makes it possible for police departments to receive proceeds from the forfeited properties; the Police Depaf~,,,ent receives additional funds periodically from the State Asset Sharing Program; and action by Council is required to accept additional funds to be dispersed in accordance with provisions of the program. 197 The City Manager recommended that Council accept assets from the Forfeited Asset Sharing Program and: Appropriate $32,025.00 to Grant Fund Capital Outlay/Other Equipment, Account No. 035-050-3302-9015; Appropriate $5,500.00 to Grant Fund Expendable Equipment (<$1,000.00), Account No. 035-050-3302-2035; and ACTION: Increase the revenue estimate in Account Nos. 035-035- 1234-7133 for $34,435.00 and 035-035-1234-7270 for $3,090.00. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~33721-021798) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 369.) Mr. Parrott moved the adoption of Ordinance No. 33721-021798. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout and Chairperson Pre Tem White .... 5. NAYS: None 0. (Mayor Bowers and Vice-Mayor Wyatt were absent.) BUDGET-POLICE DEPARTMENT-COMMONWEALTH'S ATTORNEY: The City Manager submitted a written report advising that in October 1986, Council amended 21 USC. Sec. 881 el-4, which authorized the transfer of certain Federally forfeited property to state and local law enforcement agencies that participated in the investigation and seizure of the property; the Police Department receives additional funds periodically from the Federal Government's 198 ACTION: Asset Sharing Progre.m.; action, by Council i~ require.d .to accept , additional funds to be d~spe.rsed ,n accordance with provisions of the program; and revenues totshng $62,030.00 have been collected and are available for appropriation in Grant Fund Account Nos. 035-035-1234- 7184 and 035-035-1234-7247. The City Manager recommended that Council accept assets from the Federal Forfeited Property Sharing Program; appropriate $62,030.00 to the Grant Fund Account for Investigations and Rewards, Account No. 035-050-3304-2150; and increase the Grant Fund Revenue Account No. 035-035-t 2347184 by $2t ,826.00 and Grant Fund Revenue Account No. 035-035-12347247 by $40,204.00. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (~33722-021798) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 370.) Mr. Harris moved the adoption of Ordinance No. 33722-021798. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout and Chairperson Pro Tern White 5. NAYS: None 0. (Mayor Bowers and Vice-Mayor Wyatt were absent.) HEALTH DEPARTMENT-CITY CODE: The City Manager submitl~l a written report advising that The Code of the City of Roanoke (1979), as amended, authorizes the Depe, I,,ent of Health to adopt and enforce regulations governing barber, beauty and nail salons; and health permits are required before operating barber, beauty and nail salons or schools, with permits to be renewed annually. 199 ACTION: It was further advised that the Virginia Department of Health has no regulations governing barber, beauty and nail salons which can be used to enforce the City Code; the Roanoke City Health Department is the only health depa, l,,~ent in this area of the State currently permitting these establishments; and the Virginia Board of Cosmetology permits and inspects all barber, beauty and nail salons and schools in Virginia under Title 54.1, Chapter 12, Code of Virginia, 1950, as amended, issued by the Virginia Depa, l,,~ent of Professional and Occupational Regulation. ,.' The City Manager recommended that Council authorize repeal of the requirement that the Roanoke City Health Depa, b~kent permit and inspect barber, beauty and nail salons and schools which ars concurrently being permitted and inspected by the Virginia Board of Cosmetology. (For full text, see report on tile in the City Clerk's Office.) Mr. Swain offered the following emergency ordinance: (~33723-02t798) AN ORDINANCE repealing Article IV, ~rt~r and ~ consisting of ~15-47, Rep_ulations _uoveminp barber ~. 15-48, ~ and 15-49, Violations of article or rules or re_uuistions, of the Code of the City of Roanoke (1979), as amended, relating to regulation of barber and beauty shops, requiring parmite for the operation of barber and beauty shops and establishing penalties for violation; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 371.) Mr. Swain moved the adoption of Ordinance No. 33723-021798. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout and Chairperson Pro Tern White 5. NAYS: None 0. (Mayor Bowers and Vice-Mayor Wyatt were absent.) 200 BUDGET-GRANTS-ARTS COUNCIL OF ROANOKE VALLEY- ROANOKE S.Y. MPHONY ORCHESTRA-MILL MOUNTAI.N .THEATRE- ?.TEA: The City Manager submitted a written report adv,s,ng that the C,ty of Roanoke was notified of a Local Government Challenge Grant which is available through the Virginia Commission for the Arts; grant funds are available on a 50 - 50 matching basis, 50 per cent State and 50 per cent local; epplicetion for the grant was mede at the request of the Arts Council of Roanoke Velisy, Roanoke Symphony Orchestra, Mill Mountain Theatre, and Opera Roanoke; and Roanoke hae received funding flora the Local Government Chellenge Grant for several years. It wae further advised thet the City hes received notification from the Commission for the Arts that a grant of $4,500.00 is aveileble, which grant will supplement funds already appropHeted from the City to the organizations through the Cultural Services Committee; local funds will meet the 50 - 50 match required by the challenge grant; and grant funds of $4,500.00 will be distributed te The Arts Council of Roanoke Valley ($1,125.00), Roanoke Symphony Orchestra ($1,t25.00), Mill Mountain Theatre ($1,t25.00), and Opera Roanoke ($1,125.00). The City Manager recommended that Council accept the $4,500.00 grant from the Virginia Commission for the Arts, and: Appropriate $4,500.00 te expenditure and revenue accounta to be established by the Director of Finance in the Grant Fund; and Authorize the City Manager, or his designee, to execute the Local Government Challenge Grant on behalf of the City of Roanoke. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (~33724-021798) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full taxt of Ordinance, see Ordinance Book No. 60, page 371.) 201 ACTION: Mr. Swain moved the adoption of Ordinance No. 33724021798. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout and Chairperson Pro Tern INhito .. 5. NAYS: None ...... 0. (Mayor Bowers and Vice-Mayor Wyatt were absent.) Mr. Swain offered the following resolution: (~337254)21798) A RESOLUTION authorizing the acceptance of a Local Government Challenge Grant from the Virginia Commission for the Arts. (For full text of Resolution, see Resolution Book No. 60, page 372.) ACTION: Mr. Swain moved the adoption of Resolution No. 337254)21798. The motion was seconded by Mr. Parrott end adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout and Chairperson Pro Tern White .. 5. NAYS: None ........ O. (Mayor Bowers and Vice-Mayor Wyatt were absent.) HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The City Manager submitted a written report advising that H.R. Foundation, Inc., a Virginia non-~tock corporation, owns a hotel facility known as The Hotel Roanoke which is located within s redevelopment area created by the City of Roanoke Redevelopment and Housing Authority; in t994, a consortium of lenders made a loan not to excccd $6.5 million to the Hotel Roanoke, LLC., the hotel operating company, to help finance the planning, development, construction, and rehabilitation of The Hotel Roanoke; on November 15, t993, a loan guaranteed by the United States Depar;,,,ent of Housing and Urban Development was made to Hotel Roanoke L.L.C., in the amount of $6.0 million, pursuant to a Section t08 Loan Agreement between the City of Roanoke, the 202 Roanoke Redevelopment and Housing Authority and Hotel Roanoke, .nd ,. ,, ,.n .nd ,. ,, !.. . ... byi I I,ens on the real estete and pereonal proper(y aesoc,ated w~th The Hotel Roanoke provided that the liens securing the Section 108 loan are subordinated to the liens securing the t994 bank loan. Itwas further advised that H.R. Foundation proposes to refinance the 1994 bank loan and has requested the Roanoke Redevelopment and Housing Authority to issue its Taxable Redevelopment Revenue bonds (Hotel Roanoke Project), Series 1998, in the principal amount not to exceed $6.0 million and loan the proceeds of the bonds to the H. R. Foundation in order to: Prepay the outstanding principal balance of the 1994 bank loan; Significantly improve the interest rate and the overall debt service requirements of the current bank loan; Significantly improve the revenues available to pay principal and interest on the U. S. Depa~;,iient of Housing and Urban Development 108 Loan; ~ Fund a debt service reserve fund for the bonds; and Pay the cost of issuing the bonds. It was explained that the Section 108 Loan Agreement provides that unbms approved by the City of Roanoke, the Roanoke Redevelopment and Housing Authority, and the U. S. Depa, b~tent of Housing and Urban Development, the entire outetending principal balance of and accrued interest on the Section 108 Loan shall become immediately due and payable upon any refinancing of The Hotel Roanoke; and on February 9, 1998, the Roanoke Redevelopment and Housing Authority approved the proposed refinancing of The Hotel Roanoke and has requested that the City of Roanoke also approve and seek HUD's approval of the proposed refinancing. 203 The City Manager recommended that Council approve the refinancing of the 1994 Bank Loan by H.R. Foundation, Inc.; approve the City's entw into a subordination agreement subordinating the liens securing the Section 108 Loan to the liana securing the refinanced first mortgage debt; and authorize the City Manager to request and execute an amendment to the Section 108 Loan Agreement. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (~33726-021798) A RESOLUTION approving a plan of refinancing as to a loan in a principal amount not to exceed $6,500,000 made by a consortium of lenders to Hotel Roanoke, L.L.C.; acknowledging that the bonds replacing such loan and a line of credit will bo considered the first mortgage loan; authorizing the City Manager to execute a subordination agreement and any and all other agreements, instruments, documents or certificates necessary or appropriate to carry out the transactions authorized or contemplated by this resolution; and providing for an effective date. (For full text of Resolution, see Resolution Boo~ No. 60, page 373.) ACTION: Mr. Swain moved the adoption of Reeolution No. 33726-021798. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, and Chairperson Pro TemWhite ~ ~.. NAYS: Non~ ~. (Council Members Trout, Wyatt and Mayor Bowers were absent.) CITY CLERK: COMMITTEES-SCHOOLS: The City Clerk submitted a written report advising that pursuant to Chapter 9, ~Ju_C.M~J/, of The Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Board Trustees, Council must hold certain 204 meetings and take certain actions .d. uring the months of March, April and May to conform with the selection process; whereu.p~..n, .the City Clerk requested the concurrence of Council in estabhsh,ng the following dates: On Monday, March 16 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 Emergency Operations Center Conference Room, Room 159, first floor, Municipal Building. On Monday, March 16 at 7:00 p.m., Council, as a Committee of the Whole, will review and consider all candidates for the position of school trustee. At such meeting, Council shall review all applications filed for the position and may elect to interview candidates for such positions. On Monday, April 6 at 2:00 p.m., Council will, by public vote, select from the field of candidates, those candidates to b.e acco~ed the. formal interview and all other cand:datas w~ll be el,minated from the school trustee selection process. The number of candida~s to be granted the interview shall not exceed three times the number of positions available on the Roanoke City School Board, should there be so many candidates. On Monday, April 20 at 7:00 p.m., Council will hold a public hearing to receive the views of citizens. On Thursday, April 23 at 6:00 p.m., Council will hold a meeting for the purpose of conducting a public interview of candidates for the position of school trustee. The interviews will be taped by RVTV-Channel 3 to be televised at a later date. On Monday, May 11 at 2:00 p.m., Council will hold an election to fill the two vacancies for terms commencing July t, 1998, and ending June 30, 200t. (For full text, see report on file in the City Clerk's Office.) 205 ACTION: Mr. Harris moved that Council concur in the recommended dates. The motion was seconded by Mr. Swain and adopted. REPORTS OF COMMITTEES: BUDGET-CITY JAIL-EQUIPMENT: 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 removal and replacement of the chiller and cooling tower at the Roanoke City Jail, 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 Attorney, with Johnson Controls, Inc., for the chiller and cooling tower removal, and replacement at the City Jail, in accordance w,th contract do. cumente prepared .by Lawrence Perry and Associates, Inc., Consulting Engineers, in the amount of $t24, 950.00, with the work to be completed by June 1, 1998; Ii Appropriate $132,350.00 from the Capital Maintenance and Equipment Replaceme. nt Program to an account to be established by the Director of Finance in the Capital Projects Fund entitled, "City Jail Chiller & Cooling Tower Removal and Replacement", aa follows: Contract Amount Project Contingency Project Total $t24,950.00 7.400.00 $132,350.00 Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: 206 ACTION: ACTION: (//33727-021798) AN ORDINANCE to amend and reordain certain sections of the 1997-9.8. General and Capital Projects Fund Appropriations, and provid,ng for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 376.) Mr. Parrott moved the adoption of Ordinance No. 33727-021798. The motion was seconded by Mr. Swain and adopted by the following vets: AYES: Council Members Harris, Parrott, Swain, Trout and Chairperson Pro Tern INhite 5. NAYS: None (Mayor Bowers and Vice-Mayor Wyatt were absent.) Mr. Parrott offered the following emergency ordinance: (#33728-021798) AN ORDINANCE accepting the bid of Johnson Controls, Inc., for the removal and replacement of the chiller and cooling tower at the Roanoke City Jail, upon ce.rt~.in terms and conditions, and awarding a con.tr~..ct therefor; authorizing the proper City officials to executa 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. 60, page 378.) Mr. Parrott moved the adoption of Ordinance No. 33728-021798. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout and Chairperson Pro Tem White 5. NAYS: None 0. (Mayor Bowers and Vice-Mayor Wyatt ware absent.) UNFINISHED BUSINESS: None. 207 ACTION: INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: OATHS OF OFFICE-COMMII-I'EES4NDUSTRIES: Mr. Harris offered the following resolution appointing S. Deboreh Oyler as a Director of the Industrial Development Authority of the City of Roanoke, effective February 17, 1998, to fill the unexpired portion of the four-year term of Russell O. Hennabees which commenced on October 21, 1997, and will expire on October 20, 2001: (#33729-021798) A RESOLUTION appointing a Director of the Industrial Development Authority of the City of Roanoke, to fill a four (4) year term on its Board of Directors and wiving the requirement of City residency. (For full text of Resolution, see Resolution Book No. 60, page 379.) Mr. Harris moved the adoption of Resolution No. 33729-021798. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout and Chairperson Pro Tem White ...... 5. NAYS: None O. (Mayor Bowers and Vice-Mayor Wyatt ware absent.) MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: WATER RESOURCES: Council Member Swain advised that proposed Environmental Protection Agency regulations provide that the City must notify residents of any contaminants in the drinking water, and inquired as to the City's plans to comply with the mandate; whereupon, Kit B. Kiser, Director, Utilities and Operations, advised that in compliance with numerous regulations, the City will be required to submit a, annual report to its customers, the format of which is presently being developed by Environmental Protection Agency staff. 2O8 OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: COMPLAINTS-SCHOOLS: Ms. Kathe.n.'ne Glsssbrenner, 5221 Medmont Circle, S. W., expressed concern w~th regard to the conduct of School Trustee Harry F. Davis at recent Roanoke City School Board meetings. She called attenUon to a lack of harmony, acrimony, and the lack of ability to move forward on school-related business. She expressed concern that too much time is being spent by the School Board and staff of the City and the School system on defending unbecoming questions by one member of the School Board. She stated that the School Board should be composed of members who will deal with others in a respectful manner and work together to move the business of the school system forward. She called attention to the recent resignation of Richard L. Kelley, Assistant Superintendent for Operations, whose ethics and integrity were recently questioned by School Board Trustee Harry Davis. She stated that there are many citizens who are concerned about the way that Mr. Davis conducts school business and deals with other members of the School Board and staff. She advised that Roanoke cannot afford to lose other good school administrators, and requested that Council consider the recall of Harry Davis as a Trustee of the Roanoke City School Board. The Chairpereon Pro Tem advised that Ms. Glassbrenner's remarks would be taken under advisement. t ZONING-NEIGHBORHOOD ORGANIZATIONS: Lincoln D. Barrett, President, Southern Hills Improvement Association, 4268 Joplin Road, S. W., advised of a meeting with City officials to be held on Wednesday, February 18, 1998, to discuss neighborhood improvements. He called attention to the continued opposition of'the Southem Hills neighborhood with regard to the proposed rezoning on Southern Lane, Southern Hills Drive and Griffin Road, S. W. At 3:10 p.m., the Chairperson Pro Tem declared the meeting in recess until 7:00 p.m. On Tuesday, February 17, 1998, 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, Chairperson Pro Tern White presiding. 209 PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout and Chairperson Pro Tern William White, Sr..- ....5. ABSENT: Mayor David A. Bowers and Vice-Mayor Linda F. Wyatt 2. OFFICERS PRESENT: 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 Council Member Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Chairperson Pro Tem White. STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopt~l by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, February 17, 1998, at I! 7:00 p.m., or ss soon thereaftar ss the matter may be heerd, .o.n the request of William H. Fralin, Jr., and Karan B. Fralin that a portion of 29th Street (formerly known as 8th Street), located between Carolina and Rosalind Avenues, S, W., be permanently vacated, discontinued and closed, 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, January 30, 1998, and Friday, February 6, 1998, and in the Bg~..T-[J~aU~ on Thureday, February 5, 1998. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the section of 29th Street, S. W., as requested for closure and vacation, is 40 feet wide and approximately 300 feet in length; a portion of this section of 29th Street is developed and is currently used by the residents (Staven L. Higgs and C. Whitney and Ellen H. Brown, Jr.) for vehicular access and parking; the section of 29th Street which is 210 undeveloped lies between Official Tax Nos. 1070501 and 1062602 and e consis? of a grassy I.awn ama that is 40 .feet in width and ~ approx,mately 208 feet ,n length; the application states that the · applicants (William H. and Karen B. Fralin) have maintained (mowed, etc.) this ama; and City staff has advised that no currant or future plans exist to open or utilize this section of 29th Street, S. W., was before Council. The City Planning Commission recommended that Council approve the request to close and permanently vacate the abovedescribed section of 29th Street, S. W., subject to the following conditions: The applicant shall submit to the City, receive approval thereof, and record in the Office of the Clerk of Circuit Court, a subdivision plat providing for the following: Disposition of the land within the vacated rights-of-way in a manner consistent with the requirements of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended. Combination of the land within the vacated right-of-way with at least two or more of the abutting proper'dos. 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 right-of-way. If the plat of subdivision ia not approved by the City and recorded by the applicant within a period of six months from the date of adoption of an ordinance providing for such closure, said ordinance shall become null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) I! ACTION: William H. Frelin, Jr., Attorney, appeared before Council in support of the mqusst Mr. Trout moved that the following ordinance be placed upon its first reading: (#33730) AN ORDINANCE permanently vacating, discontinuing and closing certain public fight-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 60, page 380.) The motion was seconded by Mr. Swain. The Chairperson Pre Tem inquired if there ware persona present who would like to address Council with regard to the request. There being none, Ordinance No. 33730 was adopted, on its first reading, by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout and Chairperson Pro Tern White 5. NAYS: None 0. (Mayor Bowers and Vice-Mayor Wyatt were absent) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, t98t, the City Clerk having advertised a public hearing for Tuesday, February 17, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Virginia Realty and Auction Company that property located at 718-720 First Street, S. W., bearing Official Tax No. 1020511, be designated as an H-2, Neighborhood Preservation District overlay to the existing C-3, Central Business District designation, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 30, 1998, and Friday, February 6, 1998, and in the ~ on Thursday, February 5, t998. (See pubdeher's affidavits on file in the City Clerk's Office.) 212 ACTION: · . A report of the.City Planning Commission advising that .the ex,sting aparb,,ent bu!ld,ng was ,dentifl.~. in. 19.85 .as a c. on.tributing architectural atmcturs m the Southwest Hmtonc D,strict wh,ch ,s on the National Rogister of Historic Places; and the property owner desires to rehabilitate existing buildings and take advantage of local, State and Federal i,~centives available to historic buildings, was before Council· The City Planning Commission recommended that Council approve the request for H-2, Neighborhood Preservation District zoning, and advised that including the property in the local historic district recognizes the property ss contributing to the larger Southwest Historic District and encourages appropriate rehabilitation of the property for the benefit of the surrounding neighborhood and downtown. (For full text, see report on file in the City Clerk's Office.) James L. Wollz, Co-Owner of the property, appeared before Council in support of the request. Mr. Trout moved that the following ordinance be placed upon its first reading: (~33731) AN ORDINANCE to amend §36.t-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 102, 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. 60, page 382.) The motion was seconded by Mr. Swain. The Chairperson Pro Tem inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 33731 was adopted, on its first reading, by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout and I Chairperson Pro Tem White -5. NAYS: None . ..0. (Mayor Bowers and Vice-Mayor Wyatt were absent.) CITY CODE-ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised · public hearing for Tuesday, February 17, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of C. W. Francis & Son., Inc., t/a Francis Realtors, to amend Chapter 36.1, ~ §36.1-228, SDecial exceDtion uses. to permit manufacturing establishments as a special exception use in the C-3, Central Business District, the matter was before the body. Legal advertisement ofthe public hearing was published in The Roanoke Times on FHday, January 30, 1998, and Friday, February 6,1998, andinthe~MulokeTHbu~on Thursday, February S, 1998. (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 proposed ordinance amendment is to provide for selected manufacturing establishments as a special exception use in the C-3, Central Business District, was before Council. The City Planning Commission recommended that Council approve the proposed ordinance amendment, which will pe[,~;t appropriate reuse of existing obsolete manufacturing structures and warehouses in the City's central business districL (For full text, see report on file in the City Clerk's Office.) William F. Trinkle appeared before Council in support of the request. ACTION: Mr. Trout moved that the following ordinance be placed upon its first reading: 214 (~33732) AN ORDINANCE amending §36.t-228, ~ ~ of Chapter 36.1, ~ of the Code of the City of Roanoke (1979), as amended, to permit manufacturing establishments as a special exception use in the C-3, Central Business District. (For full text of Ordinance, sss Ordinance Book No. 60, page 383.) The motion was seconded by Mr. Swain. The Chairperson Pro Tern inquired if there ware persons present who would like to address Council with regard to the request; whereupon, Mr. Scott D. Rice, 428 Kepplewood Road, S. E., spoke in support of the proposed special exception. No other persons wishing to be heard, Ordinance No. 33732 was adopted rm its first reading by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout and Chairperson Pro Tern White 5. NAYS: None 0. Vice-Mayor Wyatt ware absent.) (Mayor Bowers and OTHER HEARING OF CITIZENS: None. There being no further business, the Chairperson Pro Tem declared the meeting adjourned at 7:10 p.m. Mary F. Parker City Clerk APPROVED William White, Sr. Chairperson Pro Tern 215 FINANCIAL PLANNING SESSION ROANOKE CITYCOUNCIL February 28, 1998 8:30 a.m. The Council of the City of Roanoke held its Financial Planning Session on Saturday, February 28, 1998, at 8:30 a.m., in the Buck Mountain Room, The Hotel Roanoke & Conference Center, 110 Shenandoah Avenue, N. E., City of Roanoke, with Mayor David A. Bowers presiding. PRESENT: Council Carroll E. Swain, James Mayor David A. Bowers Members C. Nelson Harris, John H. Parrott, O. Trout, William White, Sr., Linda F. Wyatt and 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; Mary F. Parker, City Clerk; Willard N. Claytor, Director of Real Estate Valuation; and Robert H. Bird, Municipal Auditor. OTHERS PRESENT: George M. McMillan, City Sheriff; Sherman A. Holland, Commissioner of the Revenue; Kit B. Kiser, Director, Utilities and Operations; William F. Clark, Director, Public Works; George C. Snead, Jr., Director, Public Safety; Glenn D. Radcliffe, Director, Human Development; Barry L. Key, Manager, Office of Management and Budget; Diane S. Akera, Budget Administrator; Deborah J. Moses, Assistant to the City Manager for Special Projects; Jesse A. Hail, Deputy Director of Finance; Sherman M. Stovall, Budget/Management Analyst; Philiip F. Parks, Chief, Economic Development; and Angelits Y. Piemmer, Public Info~,;;ation Officer. The invocation was delivered by Council Member Harris. BUDGET: The Director of Finance explained that the work session would focus on General Fund Revenues and Expenditures (sources, financial trends, current year status, fiscal year 1998-99 estimates) and fiscal issues facing the City of Roanoke in futura years. Mr. Grisso stated that after reviewing the City's budget, certain financial data, and proposed future projects, it is raqusstsd that Council consider leaving the revenue base intact. 216 Mr. Hall advised that state revenue makes up a significant portion of the City's revenue base, state changes can have a significant impact on the City's revenue, and almost all revenues from the state require some local match. He stated that '. · annual growth of total General Fund revenues is 5.5 per cent for fiscal years 1992 - 1997, average annual growth over local revenues is 4.7 per cent compared to 8.3 per cent for intergovernmental revenues, intergovernmental revenues have grown at a higher rate over the past five years than local revenues primarily due to the increasing coat of detention and treatment programs such as the Jail and the Comprehensive Services Act program, and increased local revenue has been required to provide the local match portion of certain increased state mandated programs such as the Comprehensive Services Act program. Mr. Hall explained that 93 per cent of the City's revenue source comes from local taxes; i.e.: General Property - 56.4 par cent, All Other - 6.9 par cent, Food/Beverage - 5.t par cent, BPOL - 8.4 per cent, Utility Consumer - 9.3 per cent, and Sales - 13.9 par cent. He advised that in recent yesr~ the state has mandated two changes with regard to the Business License Tax, i.e.: The City was required to adopt a model ordinance in 1997 and in 1998 the City was mandated to eliminate the issuance fee from the Business License Tax which reduced the City's revenue. He called attention to current discussions to eliminate the personal property tax structure; and over the past several years, changes have occurred at the State level which affect the local tax structure. Mr. Hall reviewed the following revenue highlights in regard to local taxes: *The City of Roanoke has enjoyed a strong local economy with Iow inflation since the early nineties. *Local taxes have increased at an average rata of 4.6 per cent over the past five years. *Several tax initiatives have been implemented during this period to fund specific programs. *Real sstete tax rate has been reduced during this period from $1.25 to $1.22 per $100 of assessed value to provide relief to homeowners. *Proposed legislation relating to certain local taxes will moat likely have a financial impact on the City. *Some local tax revenue growth trends are expected to decline for fiscal year 1999. 217 Mr. Hill stabKJ that the inflation rate over the past six years him been three per cent. There was discussion with regard to comparing the types of services that the City is required to deliver with those services required of surrounding jurisdictions. Also, it was iuggsstad that there be a review of the demands placed on the $1.22 par $t00.00 of assessed value on the City's real estate tax compared to the demands placed on the real estate tax collected by neighboring localities. BUDGET-LEGISLATION: Council Member White requested a briefing on House Bill 599 as to how the legislation will affect the City of Roanoke. (Sec Budget and Financial Planning Work Session Notebook, Pages 2 - 6, on file in the City Clerk's Office.) Mr. Griseo reviewed revenue highlights - local taxes, and pointed out that fiscal year 1998 revenue is on target with the budget; and the fiscal year 1999 estimate is based on an increase in property valuation due to reaseesemente and new construction. He stated that assessment growth does not directly translate into revenue growth; and tax rate reduction, tax freeze or exemption programs and uncollected revenue cause revenue growth to be less than assessment growth. He advised that the Elderly/Disabled Homeowner Tax Relief program was amended by Council, effective July 1, 1998, the income limit/net worth increased from $26,000/$75,000 to $27,000/$80,000, and the total cost of tax relief for fiscal year 1999 should increase somewhat due to the higher limits; and annual cost of tax relief for fiscal year 1999, including the real estate tax rate reduction from $1.25 to $1.22 f~om fiscal year 1994 to fiscal year 1998 is $1,095,402.00, with tax relief programs totaling $699,890.00, for a total annual cost of tax relief to the City of $t,795,292.00. (See Budget and Financial Planning Work Session Notebook, Pages 6 - 11.) BUDGET-TAXES: Council Member Swain requested information on the revenue impact aa a result of the Elderly/Disabled Homeowner Tax Relief program, effective July 1, 1998, as a result of the increased limits. ($27,000/$80,000) Mr. Hall reviewed the following revenue highlights - local taxes regarding the personal property tax: *Personal property taxes have been the strongest performing local tax revenue source in recent years due to rapidly increasing vehicle values and more focused assessment and collection methods. 218 *Personal property tax revenue growth decreased from 9.74 per cent in fiscal year 1996 to 4.35 per cent in fiscal year 1997. This is the moat significant decline in growth in several years. *Governor Gilmore's no car tax proposal will moat likely increase the cost of administration of the program. *Sales tax is under-performing the budget for frscal year 1998. Fiscal year to date growth over prior year revenue is .56 per cent. *Growth of the New River Valley shopping region and Wal-Mart Superetores in Salem, Giles, Rocky Mount, and Martineville may be impacting Roanoke as a regional shopping destination. *Utility tax is slightly ahead of the budget for fiscal year 1998 due to a warm summer in 1997. *Business, Professional, Occupational License Tax is economy eensifive - there have been recent years of significant growth, but also years of zero or negative growth. *Primary factors influencing positive growth: -Strong economy and economic development over recent years; and -Focused efforts by the City and Commissioner of the Revenue to perform audits and assess all businesses equitably - business license auditor position was added several years ago. *Statawide "model" BPOL ordinance was adopted for fiscal year 1997. City Council amended the ordinance for fiscal year 1998 to eliminate the filing fee for businesses with gross receipts exceeding $100,000.00. This will reduce BPOL revenue by approximately $125,000.00 *Fiscal year 1998 revenue is expected to exceed budget. *Primary factors influencing growth with regard to the Prepared Food and Beverage Tax are: 219 -Economic cycles - periods of growing economy produce growth in meals taxes. -Economic development stimuiates entertainment and restaurant growth that attracts residents and non- reeidente to spend discretionary income in Roanoke. *Cable Television Franchise tax has grown more than 100 per cent since 1991 due to expansion of subscribers and increased subscriber Mr. Hall advised that state revenues are growing at a significantly fester pace than local revenues which means that the City is losing some discretionary control over local dollars, a lower inflation rate will keep growth down, and regional competition is having an impact on the City's status as a regional deetlnatlon. BUDGET-TAXES: Some Members of Council requested a report on potential new sources of revenue to increase the City's revenue tax bsse; whereupon, the City Manager advised that information will be compiled for review by Council. Ms. Akers reviewed source of general fund expenditures and expanditurs highlights. She pointed out that 25.2 per cent of total expenditures goes to the local share of education, 23 per cent of total expenditures for public safety, 14.2 per cent for public works, t3.8 per cent for health and welfere, 6.3 per cent for general government, 5.9 per cent for debt service, 4.7 per cent for transfers, 6.8 per cent for all other which includes Parks, Recreation and Cultural, Judicial, Community Development and Miscellaneous. It was explained that General Fund expenditures ara monitored monthly by both department managers and the Office of Management and Budget; as of December 31, 1997, 50.62 per cent of the budget had bccn obligated; and most expenditures are on target for the fiscal year. She reviewed the General Fund revenue increase for fiscal year 1999 in the amount of $6,245,501.00 to be allocated as follows: City Schools State Targeted and Local Match Maintenance of Effort Priority Itam~ $1,411,975.00 t,341,336.00 576,716.00 2,915,474.50 Ms. Akera also reviewed an analysis of expenditure increase and an analysis of the City School Budget. (See Budget and Financial Planning Work Session Notebook, Pages 19 - 3t.) 220 BUDGET-POLICE DEPARTMENT: Council Member Swain inquired as to what consideration has been given to establishing police substations; whereupon, the ~11 City Manager advised that the new Chief of Police will assess the matter with a report to Council. BUDGET-POLICE DEPARTMENT: Vice-Mayor Wyatt requested that the new Chief of Police investigate the feasibility of applying for a Federal grant to provide funds to purchase a mobile police unit substation, complete with computer terminal ata cost of approximately $55,000.00. She advised that such a facility is used by the City of Philadelphia. BUDGET-CITY EMPLOYEES: Vice-Mayor Wyatt requested the following information: salary comparison, benefits package, and proposed salary increases for local government employees in all of the surrounding Roanoke Valley localities. Mr. Stovall reviewed the following unfunded School budget priorities, in the amount of $226,000.00: *Additional teacher scale raise of .1 per cent *Expanded teacher planning time at four elementary schools *Implementation of employee sick leave incentives *Additional contract time for school nurses. Mr. Grisao reviewed the following fiscal issues facing the City in upcoming years: *City Council authorized $39.03 million of General Obligation bonds as approved in the November t997 Referendum to be issued on or after January t, 2000. *$13.01 million of the authorized amount wes issued in December 1997 with the remaining $26.02 million to be issued in fiscal year 2000 with the first payment due in fiscal year 2001. *Debt capacity resulting from the retirement of outstanding debt increases very slowly after the issuance of the $26.02 million in fiscal year 2000. (See Budget and Financial Planning Work Session Notebook, Pages 32 - 35.) At this point, 10:15 a.m., Council Member Harris left the meeting. BUDGET-ROANOKE VALLEY RESOURCE AUTHORITY:. Mr. Kiser reviewed a report on elimination of the tipping fee credit and increased expanse for trash disposal. He pointed out that approximately 48,000 tons par year of trash ia disposed of through the Roanoke Valley Resource Authority (RVRA) at the City of Roanoke's expanse; current rate and fiscal year t999 projected governmental disposal rate at the RVRA is $53.00 par ton; and after a tipping fee credit of $3.00 par ton, the net rate to the City for fiscal year t998 is $50.00 par ton; RVRA has advised the member juriadictions, viz: Roanoke City, Roanoke County, and the Town of Vinton, that the tipping fee credit will be reduced effective June 30, 1998, to $2.00 par ton and probably will be eliminated effective June 30, t999; tipping fee credit was established by RVRA using funds transferred to RVRA from its predecessor, Roanoke Valley Regional Solid Waste Management Board, in the amount of $3,164,084.80 on or about September 30, 1993; and total credit through December ia: Roanoke City Roanoke County Town of Vinton $1,710,006.00 1,225,852.00 $3,050,107.00 It was explained that the tipping fee credit fund is rapidly being depleted; loss of $1.00 per ton credit will result in annual expanse for trash disposal to increase by approximately $48,000.00 in fiscal year 1999 and an additional $96,000.00 in fiscal year 2000, for a total increase of $144,000.00 in fiscal year 2050 over fiscal year 1998; and the result of the proposal to the City of Salem, which could result in a reduction of $3.00 - $5.00 to the member jurisdictions, may not be known until the summer or early fall months. In concluaion, Mr. Kiser advised that the fiscal year t999 budget needs to include an additional anticipated expanditure of $48,000.00 for trash disposal and anticipate a further additional amount of $96,000.00 in fiscal year 2000. (See Budget and Financial Planning Work Session Notebook, Exhibit B-1 and B-2.) BUDGET-WATER RESOURCES-TAXES: Mr. Kiser reviewed water rates and advised that a periodic review and adjustment of service charges is a prudent business practice; Members of Council have suggested that watar and sewage rates be reviewed as a part of the fiscal year 1998-99 budget study; water rate adjustments 222 were last approved on June 24, 1991, to pay for a capital improvement program estimated to cost $3t,772,410.00 in 1990 dollara and five years of annual operating costa estimated to escalate at four per cent annually; and the water facilities major capital improvement program has been completed. Mr. Kiser further advised that a ten per cant increase in water charges phased in at five per cent effective July 1, 1998, and five per cent effective July 1, 1999, would have the following net effect: Produce an additional $870,000.00 annual revenue to the Water Fund, sufficient to prevent the deficit projected to occur within five years as well as being a step toward making up the revenue to be lost as Roanoke County cuts back on its usage under the bulk water sale contract. Bulk water rate to neighboring jurisdictions with whom the City has contracts also increases with the City customer rate increase. A ten per cent increase in water rates would have the following impact on the typical monthly residential bill: Comrmra to State Averan" $6.03 $ 6.63 $15.69 In conclusion, Mr. Kiser requested that Council consider a ten per cent increase in water fees and charges phased in over two years, e.g. five per cent effective July 1, 1998, and five per cent effective July 1, 1999, as part of Council's deliberation for the fiscal year t999 budget. (See Budget and Financial Planning Work Session Notebook, Exhibit B-3 - B-8.) Mr. White requested that the City Manager review market rate pricing for water and sewer service which could provide a source of revenue to the City. Vice- Mayor Wyatt suggested that the City Manager review other items such as the prepared food and beverage tax and E-911 tax, etc., which will help to provide an overall picture of market rate pricing. BUDGET-WATER RESOURCES-SEWERS AND STORM DRAINS-TAXES: Mr. Kiser reviewed sewage rates and advised that a periodic review and adju$~ent of service charges is also a prudent business practice; Members of Council have suggestad that water and sewage rates be reviewed as part of the fiscal year 1998-99 budget study; sewage rate adjustments were last approved on December 28, 1993, with rates phased in over three years, e.g. t6 per cent the first year, t4 per cent the 223 second year and 14 per cent the third year; the typical residential expense increased from $6.47 to $9.80; the rate increase was for the purpose of funding $15,770,000.00 as the City's then share of the sewage facilities expansion program, plus provide $650,000.00 annually for existing pipeline maintenance and $350,000.00 annually for increased plant operations and maintenance expenses; the sewage facilitiea expansion program is on-going and the City's share is now estimated to be increased from the 1993 estimate of $15,770,500.00 to $25,000,000.00 in 1998 dollars; and the increase in cost is due to inflation, more capacity at the sewage treatment plant and lowering the depth of the interceptor pipelines to avoid siphons at stream crossings. Mr. Kiser further advised that a ten per cent increase in sewage charges phased in at five per cent effective July 1, 1998, and five per cent effective July 1, t999, would have the following net effect: Produce an additional $730,000.00 annual revenue to the Sewage Fund, sufficient to offset, over time, the deficit which is anticipated to begin next year and provide funding to continue the sewage pipe replacement and maintenance program. A ten per cent increase in sewage rates would have the following impact on the typical monthly residential bills: ~ ComDara to state averaga $9.80 $ 10.78 $19.56 Mr. Kiser explained that after a ten per cent increase in sewage and a ten per cent increase in water rates, the total monthly charge for water and sewer service would be lees than one-half of the State average. In conclusion, Mr. Kiser requested that Council cor~sider a ten per cent increase in sewage fees and charges phased in over two years, e.g. five per cent effective July 1, 1998, and five per cent effective July 1, 1999, as part of Council's deliberation for the fiscal year 1999 budget. (See Budget and Financial Planning Work Session Notebook, Exhibit B-9 - B-t3.) BUDGET-POUCE DEPARTMENT-FIRE DEPARTMENT: Mr. Snead advised that in order for Public Safety to continue to provide a high level of service to citizens and businesses, quality facilities, functional fleet and technology enhancements must be provided; facility infrastructure improvements and enhanced technology 224 capabilities am the moat needed Public Safety enhancements; the Long Range Faciliti.ee. Master Plan identifies the need for improvements for additional space for ITl' the Pohce Depacb,,ent aa the number one city space priority; the Long Range I Facilities Master Plan indicates that the Police DeparlmenPs current office space needs ara 60,000 squara feet of functional floor space; and the Master Plan also indicates that the present police building is not structurally suited for rahabilitation and is coat prohibitive to bring into compliance with the Americans with Disabilities AcL It was further advised that the approved five-year Capital Improvement Plan funds 3.94 million dollars to acquira the former IBM Building (on Campbell Avenue), to ranovats the existing two floors and to add a third floor to the building, which capital project will craata approximately 30,000 squara feet for the Police Department, meeting 50 par cent of its space needs; and in addition, capital resources in future bond raferandums will be considerad to meet the total space needs of the Police Department. It was explained that the Roanoke Valley Society for the Pravention of Cruelty to Animals has notified Roanoke City, Roanoke County, Botetourt County, Craig County and the Town of Vinton that it wishes to sever its ralationship with the municipalities regarding animal control and euthanasia ~ervices; a regional team of administrators and animal control staff will develop options for an animal control facility and determine options which ara co.n. siderad to be in the best interast of the I City; the SPCA is scheduled to complete ,ts construction project on the Humane facility in March 1999; the present facility will be available for the City's use until long range plans can be finalized and approved by City Council; and, in the interim, thera may be a minor impact on the fiscal year 1998-99 budget. It was noted that the current five year Capital Improvement Plan funds one Fira/EMS station ($870,000) to be located along Petsra Creek Road in southwest City; the praferrad site is City-owned property across Peters Creek Road from the current location of the leased number four fire station; and a report to engage an architectural/engineering firm will be prasented to Council in March 1998. Mr. Sneed advised a key financial issue is the need for an improved jail racords management and information system, which technology enhancement has been included in Public Safety automation projects; funding for the jail racords management system will come from excess revenues from the Sheriff's racoverad costs account from housing contract prisoners which will be available for appropriation prior to June 30, 1998; and Sheriff McMillan is also willing to expand the prisoner work force programs to provide more labor support for public works projects in the City. 225 Mr. Snead explained that Public Safety Automation Projects include Police Records Management System, Computer-Aided Dispatch System, and mobile data terminals in public safety vehicles; projected costs have bccn determined for automation projects end funding sources, including recent expansion of E-911 tax, CIS retained earnings, and potential grants have been identified; and until actual bids are received on the automation projects (late spring or early summer t998), actual costs are not available. It was advised that the Roanoke City/Roanoke County cooperative trunked radio project has been approved by both City Council and the County Board of Supervisore and funded at 6.9 million dollars; purchase orders on the equipment have been issued and the system is projected to be operational in late fall or early winter 1998; end system acceptance testing will take place in December 1998 through February 1999. In conclusion, Mr. Snsad explained that funding for a new police building and a new fire station is available from the Capital improvement Plan; although funding is not currently identified to meet certain needs in the area of an animal control facility, there is time to evaluate options and to develop a funding mechanism, as well as the potential to continue to operets an animal control facility at the current sits; and funding options exist for key Public Safety technology improvements. (See Budget and Financial Planning Work Session Notebook, Exhibit B-14 - B-16.) At 11:00 a.m., Council Member Parrott left the meeting. BUDGET-HOUSING/AUTHORITY: Mr. Clark reviewed the neighborhood revitalization strategy, and advised that strategy to address the conditions of housing in the City's older neighborhoods was called for in the Mayor's 1997 State of the City Address; a team of key City staff and the Executive Director of the Roanoke Redevelopment and Housing Authority proposed a process for developing a strategy which was shared with City Council in a communication dated October 27, 1997; the proposed strategy was shared with leaders of various organizations at a meeting, which wes held on November t4, t998; reaction from representatives wes favorable and a coordinating committee was established to help guide the process at a follow-up meeting on November 2, t997; the first meeting of the Roanoke Neighborhood Revitalization Strategy Coordinating Committee was held on November 21, 1997; and Committee members agreed to establish eight working groups focused on the following functional areas: (1) housing; (2) economic development; (3) social and human services; (4) transportation; (5) community development/infrastructure; (6) public safety and crime prevention; (7) education; and (8) leadership development. 226 It was further advised that eight functional working group~ have bcc;t meeting actively over the psst two months to review existing plans and studiee, primarily City Council's recent visioning process and the 1994 Enterprise Community Grant application, and to begin the process of identifying strategies to address identified problems; emphasis is on identifying strategies that are tangible and realistic and can be accomplished within a five-year time frame; and the Coordinating Committee and working groups are currently planning on holding forums to obtain additional public input regarding needs and proposed strategies during the months of February and March. Mr. Clark explained that no action is necessary at this time, and it is anticipated that budget requests to fund identified strategies will be submitted as a part of the 1998-99 budget process. (See Budget and Financial Planning Work Session Notebook, Exhibits B-17 - B-24.) BUDGET-PARKS AND RECREATION: Mr. Clark reviewed the Roanoke City Comprehensive Parks and Recreational Master Plan, which is a key element in meeting the recreational needs for residents of and guests to a community; to be successful, the Plan must be a citizen-driven guide that will be used, not only to assess the existing park system, but also to determine what recreational facilities and programs are needed, where they should be located, and when they should be provided; thus, the purpose of the document is to map out a plan of action for addressing City-wide recreational needs over an established period of time; in t982, Council adopted the City's current Comprehensive Parks and Recreation Plan known as "Roanoke Parks Today and Tomorrow"; the planning document has bccn a valuable tool in guiding Roanoke's Parks Improvement Program for the past 16 years; and the City has effected improvements at 50 of the existing 68 park sites, which resulted in an $8.5 million investment in the City-wide park system. It was further advised that the 1982 Plan sewed the City well, however, many new issues have recently emerged which were not included in the previous plan, such as the future uss of Victory Stadium and the impending development of greenways; consideration must be given to the changing demographics of the area, along with increasing emphasis on maximizing the iocai recreational resources for citizens and visitors of Roanoke; the City's Comprehensive Development Plan, "Roanoke Vision" and the "Vision" update recommended that the Parks Plan be updated in order to better evaluate and identify priority projects; Victory Stadium will be an important element of the City-wide plan, and given the finite resources, it is critical that this facility be evaluated in the context of the entire parks and recreation system; the Citizens Advisory Committee will be appointed by the City Manager and shall include leaders from the neighborhoods, recreation clubs and schools, 227 representatives from the senior and handicapped population, greenway proponents and professionals from the fields of planning, architecture or engineering; the Project Team will be composed of Citizens Advisory Committee Member(s), Parks and Recreation Department staff and representatives from the public schools, F;;~;, Planning District Commission, Engineering and Planning Departments, and the Office of Management and Budget; and a variety of technical teams will also be assembled to focus on specific issues related to developing the plan. It was explained that tasks needed to generate the Comprehensive Parks and Recreation Master Plan for the City of Roanoke include the following: Compile, review and interpret the demographic trends of the City of Roanoke, i.e. socioeconomic characteristics, age and sex distribu6on, income and educational levels, and occupation groups; Analyze and inventory in both text and map the existing public, quasi- public, private and school-based park and recreation facilities in Roanoke; Coordinate a City-wide needs assessment to determine current and projected demands for park and recreation facilities and programs; Analyze and explain the present and future needs for recreation programming and facilities; Present the final draft report to the Citizens Advisory Committee for further review and input; and Prepare the Comprehensive Parks and Recreation Master Plan in final form and present the Plan to the Roanoke City Planning Commission and Roanoke City Council for review, approval and adoption. In conclusion, it was advised that the goal of the Comprehensive Parks and Recreation Master Plan is to establish a preferred course of action for immediate and future decisions relative to making improvements to facilities and programs so as to meet the needs of Roanoke's citizens and guests; the effort required to successfully completr the City-wide plan utilizing City staff and community volunteers will be a challenging process; and the Parks and Recreation Department is confident that the results of the process will clearly reflect Roanoke's progressive emphasis on and commitment toward providing and maintaining safe, quality, recreational sites and opportunities for all parsons who live in or visit the City. 228 (See Budget and Financial Planning Work Session Notebook, Exhibit B-25 - B-36.) BUDGET-BUILDINGS/BUILDING DEPARTMENT-CITY PROPERTY: Mr. Clark reviewed fund appropriations for Building Maintenance and advised that the Building Maintenance Department is responsible for maintaining City facilities except City Schools and the Airport, with a Facilities Maintenance Budget of $528,000.00; approximately $60,000.00 is used for facilities upgrades and remodeling, and the balance is used for preventive maintenance and repairs of equipment and facilities; the recommended amount set aside from various sources in the maintenance industry is t.5 per cent to 2.0 per cent of the total value of assets; assets of City facilities are estimated to be valued at $300 million dollars, which would mean an appropriation of 4.5 to 6 million dollars; deferred maintenance has grown throughout the years as funding is required for emergency breakdowns and to comply with various State and Federal laws; it is estimated that deferred maintenance will grow six per cent annually at the present rate; and $250,000.00 of Capital Funds and CMERP funds of $1,213,704.00 were budgeted in FY 1997-98 for facilities maintenance which is not adequate to keep pace with emergency and planned maintenance. It was explained that aging equipment is less energy efficient and is unreliable causing more breakdowns and emergency repairs; aging facilities cannot be maintained in an aesthetically pleasing and useful condition without u~d=finn plumbing, roofing, painting and electrical service on . planned main~l~l~; schedule; funding is not adequate for a planned schedule of maintenance, and maintenance is often deferred until it becomes an emergency. Mr. Clark advised that important issues include aging equipment and facilities that deteriorate for lack of painting, roof leaks, cost of repairs increase to meet architectural standards for historical buildings; facilities need to be modernized to meet changing interior design utilizing current trends in carpets, lighting, floor and wall appointments; addressing long range environmental concerns as to the removal of all as.bestos in facilities, meeting clean air standards by upgredin, air conditiomng units to prevent leaks into the ozone, more effective a~d red~ced energy usage in lighting such as replacing light ballasts containing PCB and more energy reducing light tubes, and addressing underground storage tanks to meet ever-changing laws; moving from "breakdown" emergency maintenance to planned maintenance, because often work is not done until severe damage has occurred creating more expensive repairs such as repairing leaking roofs, moisture penetrating through walls and ruining ceilings, plaster and carpeta; units break more frequently, often at times when employees or services are not scheduled to be working; and careful planning cannot be utilized to make better use of funding, therefor, patchwork becomes the norm. 229 In conclusion, Mr. Clark explained that everything in the building industry has I a "life expectancy"; i.e.: roofs - 11 years, sir conditioning units - 15 y.ea.rs: carpet and wallpaper - 8 yes~, etc.; frequently,, the Ci~ is unable to ma,.n, ta,n such schedules to replace equ,pment and modernize facihties due to resource I,mitations; all too often City staff is performing breakdown repairs rather than preventive maintenance; and in recent years the City has begun to.increase funding for facilities maintenance, and it is necessary to continue efforts to protect the public investment in the City's capital facilities. (See Budget and Financial Planning Work Session Notebook, Exhibit B-37 - B-68.) BUDGET-FLEET MAINTENANCE FUND: Mr. Clark presented a report on Fleet Replacement funding and advised that the Fleet Management Department currently owns 738 various types of motorized units that receive funds for replacement in the General Fund budget; Fleet Management replacement funding for the previous six years has averaged approximately 1.8 million dollars; five years ago, $650,000.00 was funded in Fleet Managements operating budget, and each year, the account has increased by $75,000.00, with a current fiscal year 1997-98 budget of $1,025,000.00; the Capital Maintenance and Equipment Replacement Program (CMERP) has supplemented replacement funds on an average of $1.1 million to $775,000.00 annually during the previous five years; and maintenance of vehicle expenditures, excluding labor and overhead, have averaged approximately $573,039.00 annually. It was pointed out that the current average life per vehicle according to industry standards is 9.75 years; replacement value of the**738 various types of motorized units is $22,250,000.00; funds needed on an annual basis to replace equipment in a timely manner should be $2,282,051.00; and current replacement funding levels ere insufficient for timely replacement of the City's fleet. In conclusion, Mr. Clark advised that current equipment replacement funds need to be increased to allow using departments to perform the necessary community programs in a cost-effective manner as set forth by their department goals and objectives and to reduce maintenance expenditures on repairs to non- effective equipment. He stated that recommending no equipment during any budget year would cause an estimated 20-25 per cent increase in additional maintenance funds annually to maintain a safe and efficient fleet for City departments. (See Budget and Financial Planning Work Session Notebook, Exhibits B-69 - B-72.) BUDGET-HUMAN DEVELOPMENT-YOUTH: Mr. Radcliffe reviewed a report on the Comprehensive Services Act and advised that in t992, the Comprehensive Services Act for At-Risk Youth and Families (CSA) was enacted by the General 230 Assembly of Virginia; 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 and at-risk youths and their families; the CSA required the consolidation of eight categorical funding streams from the Depa, b,tente of Social Services, Education, Youth and Families, and Mental Heslth/Mentel Retardation and Substance Abuse Services into · State Funds Pool which is distributed on a formula basis; the purpose of CSA is to provide greater flexibility in the uss of funde to purchase services and to place authority for making program and funding decisions at the community level; and CSA State Funds Pool is expended for public or private residential or non-residential services for the targeted population of troubled youth and their families. It was further advised that the Comprehensive Services Act fiscal year 1997-98 projected net expenditures total $6,628,329.00; projected fiscal year 1997-98 net expenditures indicate a decrease of 7.07 per cent from net expenditures of fiscal year 1996-97; expenditures for the CSA program since its inception in 1993 have ranged from $4,597,576.00 in 1993-94, to $7,132,488.00 in 1996-97; and youth served have ranged from 378 in t994-95 to 446 in 1996-97; during the t997 budget process, the General Assembly added a requirement that all localities must incorporate utilization review of placements utilizing CSA funds in order to be considered for supplemental funding; the Roanoke Interagency Council (RIC) has assessed Roanoke's CSA utilization management needs and is proceeding to develop and implement a utilization management system; the RIC has developed a Request for Proposal for the development and implementation of Ion. g-term utilization management and anticipates that a contract award will be made ~n March; the goal of utilization management is to provide mechanisms for the appropriate placement and delivery of services to youth and families at the best cost possible; and the long-term impact will be better identification of services needed and development of services, as needed, to contain and reduce placement costs. In conclusion, Mr. Radcliffe explained that changes in the way local CSA programs are administered to improve program accountability, through a utilization management process, will have to bo made; the Roanoke Interagency Council has begun the process to examine the present operation of the Comprehensive Services Act; the RIC has also developed a Request for Proposal to contract for a vendor to provide utilization management resources, to assist agency staff in the utilization management process, and to develop the technological system to monitor utilization management processes, as wall as to provide for the required reports for operation of the CSA program; the goal of the utilization management process to be developed is to deliver the most appropriate, least restrictive services at the best possible cost; and the long- term impact of the utilization management process is the planning and development of locally based services to reduce the nccd to place youth in costly programs located out of the community. 251 (See Budget and Financial Planning Work Session Notebook, Exhibit B-73 - B-74.) I BUDGET-HUMAN DEVELOPMENT: Mr. Radchff:e reviewed matters regarding Welfare Reform and advised that the City of Roanoke implemented Welfare Reform in October, 1997; those welfare recipients who ars physically and mentally able must work either in the private sector or in Community Work Experience; and the problems for families on welfare ars larger than Welfare Reform and include the following: where are the jobs and what do they pay, what skills are required, can heads of households with small children access the jobs and still meet society's requirement of protection and education of children, and what role does the whole community play in assuring that resources are available to help families with protection and education. Mr. Radcliffe reviewed the Virginia Institute for Social Services Training Activities (VISSTA), and advised that VISSTA is a collaborative effort between the Virginia Depa,~,ent of Social Services and Virginia Commonwealth University; currently, four regional training centers exist throughout Virginia: Southwest Area Training Center located in Scott County, Northern Virginia Area Training Center located in Fairfax, Eastern and Central Training Center located in Hampton, and Piedmont Area Training Center located in Montgomery County; the Virginia Depertment of Social Services (VADSS) has requested the Roanoke City Depa,'b,ent of Social Services to conside.r taking over the Piedmont Area Training Centar for the I VISSTA.program relocating to Roanoke City; and Roanoke and the office and staff: area training sessions would be held in the local training room, which would bring regional participants to the area on a regular basis and could generate an economic bonus for Roanoke City. With regard to Juvenile Detention Home expansion, Mr. Radcliffe advised that the projected opening date is July 2000; the City is continuing with its plans to construct 22 additional beds and to renovate the existing 2t beds; discussion with the Counties of Franklin and Roanoke and the City of Salem are ongoing to add 38 beds to the Roanoke City facility based on the identified needs of those jurisdictions; and the inclusion of the jurisdictions of Franklin and Roanoke Counties and the City of Salem will have a construction and operational cost reduction for the City of Roanoke. ~. (See Budget and Financial Planning Work Session Notebook, Exhibits B-75 - B-77.) BUDGET-ECONOMIC DEVELOPMENT: Mr. Sparks presented a report on economic development and advised that Capital Fund Undesignated Interest Earnings has been the primary source of funding for economic development projects; the Community Development Block Grant Fund has been another source of funding for economic development projects; the Commonwealth of Virginia 232 Governor's Opportunity Fund has provided a total of $460,000.00 for two projects, $350,000.00 for Vitram. on and $110,000.00 for Maple Leaf Bakery U.S.A.; the Commonwealth of Virginia TransportaUon Board's Industrial Access Funds have provided approximately $1.3 million for street development at the Roanoke Centre for Industry and Technology (RCIT) since 1982; $8.0 million in net revenue has been generated by the businesses at RCIT since November of 199t; and $t .7 million of net annual tax revenue is generated each year at RCIT. It wes explained that cost of development at RCIT has increased significantly, with costs as high as $50,000.00 par acre for primary grading, and a 20-acre tract would cost $1.0 million; RCIT has only 100 acres left for development; redevelopment will increasingly become a priority with development costs ranging from $50,000.00 - $75,000.00 par acre; and the Bureau of Economic Analysis, U. S. Department of Commerce, indicates that the Machine and Tools tax will level off in the City this year. In conclusion, Mr. Sparks advised that an economic development investment strategy should be established to fund current and future development/ redevelopment, the purpose of which would be to provide an adequate, reliable and ready source of funds to facilitate future development/redevelopment in the City of Roanoke; and the funds could be used as follows: acquisition of proparty, site preparation, expansion of public infrastructure, human development (job training), and any other project requirement not otherwise prohibited by law. (See Budget and Financial Planning Work Session Notebook, Exhibits B-78 - B-80.) BUDGET-ViSION STATEMENT: Council Member Swain requested that Council be provided with a status report on the visioning process which started approximately two years ago. There being no further business, the Mayor declared the Financial Planning Session adjourned at 12:30 p.m. ATTEST: Mary F. Parker City Clerk APPROVED Mayor 233 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL March 2, 1998 12:15 p.m, The Council of the City of Roanoke mst in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, March 2, 1998, at 12:15 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Re~_ ular Meetin_as. of Section 2-15, ~ Cede of the City of Roanoke (1979), as amended. PRESENT: Council Members James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris and Mayor David A. Bowers 5. ABSENT: Council Members John H. Parrott and Carroll E. Swain OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; and Mary F. Parker, City Clerk. At 12:t7 p.m., the Mayor declared the meeting in recess to be reconvened in the Emergency Operations Center Conference Room, Room 159, Municipal Building, for a joint meeting with the Vinton Town Council. A joint meeting of the Roanoke City Council and the Vinton Town Council was called to order on Monday, March 2, 1998, at 12:20 p.rn;;, in the Emergency Operations Center Conference Room, Room t59, Municipal South, with Mayor David A. Bowers and Mayor Chartss R. Hill presiding. ROANOKE CiTY COUNCIL MEMBERS PRESENT: John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris and Mayor David A. Bowers 7. ABSENT: Nono ROANOKE CiTY OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grlsso, Director of Finance; Mary F. Parker, City Clerk; Willard N. Claytor, Director, Real Estate Valuation; Robert H. Bird, Municipal Auditor; George C. Snead, Jr., Director, Public Safety; William F. Clark, Director, Public Works; Kit B. Klser, Director, Utilities and Operations; Glenn D. Radcliffe, Director, Human Development;, Deborah J. Moses, Assistant to the City Manager for Special Projects; and Angelita Y. Plemmer, Public Information Officer. 234 VINTON TOWN COUNCIL MEMBERS PRESENT: Robert R. Altice, C. Buford Barton, Joseph L. Bush, Jr., end Mayor Charles R. Hill ~'. VINTON TOWN COUNCIL MEMBERS ABSENT: William E. Obenchain, Jr......... 1. TOWN OF VINTON OFFICERS PRESENT: B. Clayton Goodman, III, Town Manager; Riley R. Foutz, Police Chief; Kim D. Burgess, Finance Director/Treeeurer; Carolyn S. Ross, Town Clerk; Anita J. McMillan, Planning Director; end Kevin S. Boggsss, Associate Planner. OTHERS PRESENT: Amy C. Moore, Executive Director, Habitat for Humanity in the Roanoke Valley. Following lunch, the business session convened at 12:50 p.m. On behalf of the Council and City staff, Mayor Bowers welcomed the Vinton Town Council and staff. On behalf of the Town of Vinton, Mayor Hill extended an invitation to hold the next joint meeting at the Vinton War Memorial, following completion of renovations. HIGHER EDUCATION CENTER: Mr. Herbert advised that legislation has passed both Chambers of the General Assembly to add additional institutions to the Board of Trustees of the Roanoke Education Center Authority; i.e.: The College of Health Sciences, Roanoke College, Ferrum College, and Hollins College; and the Authority will take effect on July t, 1998. He stated that currently both the House and Senate budgets contain $5,379,000.00 to address the State's share of the cost to create the Center; that between now and March 14, 1998, the City will continue to work vigorously to increase that share to the original $9,000,000.00 proposed by Governor Allen in his biennial budget; and the $9,000,000.00 represents 40 per cent of the original project cost of $22.4 million. He explained that currently, the state budget contains operating fonds for the Roanoke Education Center Authority; there is $100,000.00 in the Senate version of the budget and $150,000.00 in the House version; and when the Authority takes effect on July t, 1998, funds will be available to hire an Executive Director and to move forward on the project. Mr. Herbert advised that all prospective tenants have signed letters of intent to be part of the Education Center project; five public colleges and univer~itiee, seven private colleges and two workforce training organizations are committed to the project to date; Mayor Bowers announced $2.5 million of City support for the Center in his State of the City Address; and debt service for this commitment is currently being discussed as a part of 1998-99 budget study. 235 Without objecUon by the two goveming bodies, Mayor Bowera advised that the briefing would be received and filed. ANIMALS-POLICE DEPARTMENT: Mr. Goodman addressed the matter of a notice which was received from the Roanoke Valley Society for the Prevention of Cruelty to Animals to discontinue operation of the animal pound sewice at its new facility. He stated that the SPCA has advised Roanoke City, Roanoke County, Bototourt County and the Town of Vinton that it will construct a new facility within approximately one year and the organization is investigating different ways of operating the pound service. He explained that the Vinton Town Council is in support of a regional concept which will be more cost effective, and stsffe of the respective governing bodies ara reviewing the feasibility of a joint facility, with a proposed briefing to the governing bodies in approximately six to eight months. Mr. Snead advised that all Roanoke Valley jurisdictions have received written notification from the SPCA that it no longer wishes to provide animal control services and instead prafera to focus on the humane services and issues that deal with training and adoption of animals. He stated that all of the options will be discussed to determine the most feasible solution, and during initial meetings of the staffs of the various jurisdictions, it was agreed that a regional approach will be studied. He stated that the SPCA no longer plans to deal with the issue of euthanization of animals. Without objection by the two governing bodies, Mayor Bowers advised that the briefings would be received and filed. HABITAT FOR HUMANITY-HOUSING/AUTHORITY: Amy C. Moore, Executive Director, Habitat for Humanity in the Roanoke Valley, advised that Habitat for Humanity was established in 1986, and since that time the organization has constructed 74 houses in the Roanoke Valley. She explained that Habitat builds t2 - 14 houses per year, and called attention to the Perry Park Project between Tenth and Twe;;G, Streets, N. W., and Jackson and Norfolk Avenues, S. W., where development is taking place that has been in progress for the past two to three years while Habitat acquired the necessary land and studied various funding options, with actual construction to begin in April of 30 houses for Iow income citizens of the Roanoke Valley. She stated that Habitat for Humanity works with all of the Roanoke Valley localities; however, ali Habitat houses to date have been constructed in Roanoke City, although Habitst would be receptive to constructing homes on property in other localities. Without objection by the two goveming bodies, Mayor Bowers advised that the briefing would be received and filed. 236 TRAFFIC: Mr. Goodman addressed the issue of OPTICOM at the intersection of Gus Nicks Boulevard and King Sheet, N. E., which wes discussed at the last joint meeting of the two governing bodies, and inquired about the status of the project. Mr. Snead advised that OPTICOM is in uae at approximately 95 intersections in the City; Council has approved funding in the currant years' Capital Maintenance and Equipment Replacement Program to install additional OPTICOM equipment and the Firs Depa,~,,,ent and Public Works Depef~,,ent are currently prioritizing intersections. He stated that the cost for the Gus Nicks Boulevard and King Street intersection will be approximately $14,000.00 and City staff is currently determining how this intersection ranks with other intersections in the City. Without objection by the two governing bodies, Mayor Bowers advised that the briefing would be received and filed. SEWERS AND STORM DRAINS: Mr. Goodman requested an update on the regional wests water treatment plant upgrade and improvements; whereupon, Mr. loser presented a history of the project dating beck to 1985. He advised that the Water Pollution Control Plant is owned and operated by the City of Roanoke and provides westewater treatment to the Roanoke region which includes the City of Roanoke, City of Salem, Town of Vinton and portions of Roanoke County and Botetourt County; in August 1985, the City commissioned the engineering firm of Malcolm Pirnis to prepare a Wastewater Facility Plan; the Facility Plan, completed in 1987, examined the adequacy of existing wasteweter conveyance and treatment facilities, and the project~l need for expanded, modified or new facilities through the year 2005 for the Roanoke Regional System; and current improvement plans exceed the recommendations of the 1987 Wsstewatar Facility Plan. Mr. Kiser further advised that the Wastewater Facility Plan concluded that the existing treatment plant could not meet long-term wastewater needs without modification or expansion; and recommended the most feasible solution to long term treatment and disposal of wsstewater to be the upgrade and expansion of the existing Watar Pollution Control Plant from 35 MGD to 36 MGD; the plan concluded that the major interceptors for the Roanoke River and the lower reach of Tinker Creek were inadequate with respect to projected flows; and further concluded that from an overall system perspective, it is not cost effective to remove infiltration and inflow, although it wes noted that localized infiltration and inflow problems might be cost effective to resolve. Mr. Kiser noted that the City of Roanoke, in partnership with its neighboring jurisdictions, concluded that the Malcolm Pirnie recommendation would not provide enough capacity and has undertaken a $66 million project to replace the interceptor sewers and upgrade and expand the Water Pollution Control Plant to 62 MGD. 237 With regard to the Water Pollution Control Pla..n.t exit. rmion, Mr. Kiesr advised I that the Plant h.as a current capacity of 35 MGD with an interim permit limit of 42 MGD and provides tertiary treatment of westewater; under the upgrade and expansion project, the plant will be expanded to a total capacity of 62 MGD; the upgrade project includes a Biological Aeration Filter building and process, which filter provides 10 - 14 MGD secondary treatment, one new gravity thickener, and two new filtora at the present filter building are included in the project; this addition provides tertiary treatment for the secondary treated effluent from the Biological Aeration Filter; the project also features two new fabric covers for the secondary digesters, which will provide additional methane gas to increase the aerobic digestion of the sewage as it flows through the treatment plant; and the Water Pollution Control Plant upgrade and expansion is currently under construction and is approximately ten per cent complete, with a scheduled completion date of December 1999, at a total project cost of $21,334,514.00. With regard to the Tinker Creek Interceptor Sewer Replacement project, Mr. Klser explained that the existing Tinker Creek Interceptor varies in capacity from 4.7 MGD at Orange Avenue to 16.3 MGD at the crossing of the Roanoke River; this interceptor sewer is being replaced in its entirety from Orange Avenue to the headworks of the Water Pollution Control Plant, a total length of 2.5 miles; the capacity of the interceptor is being increased from 26.8 MGD at Orange Avenue to 41.7 MGD at the plant headworks; and the interceptor replacement project is currently under construction and is approximately 70 per cent complete, with a scheduled completion date of July 8, 1998, at a cost of $8,256,095.00. With regard to the Roanoke River Interceptor Sewer Replacement Project, Mr. Kiser advised that the existing Roanoke River Interceptor varies in capacity from 11.8 MGD at the Salem City limit to 30.t MGD; the interceptor is being replaced in its entirety from the Salem City limits to the Water Pollution Control Plant, a total length of approximately ten miles; the interceptor capacity is being increased to 34.5 MGD at the Salem City limits to 77.6 MGD at the plant; and the project is currently under construction and is scheduled to be completed by December 1999, at a cost of $36,437,070.00. Without objection by the two goveming bodies, Mayor Bowers advised that the briefing would be received and filed. GREENWAY SYSTEM: Mr. Goodwin addressed the proposed greenway at Tinker Creek connecting the City of Roanoke with the Town of Vinton, and advised that the Town of Vinton would like to work with the City toward some type of connection. He explained that the Town is currently working on the gresnway 238 project to the Blue Ridge Parkway in the western part of Roanoke County and the western part of Bedford County, and Vinton would lika to work with the City on a possible tie-in along the Tinker Creek Interceptor. Mr. Clark advised that Council authorized City staff to plan for the future greenway in connection with the Tinker Creek Interceptor Project to insure that nothing was done to preclude a future greenway. He stated that consultants were hired and the plan has bccn prepared for a greenway that would extend from approximately Wise Avenue to the Roanoke River along Tinker Creek and could ultimately follow the alignment of the interceptor sewer; however, it is only a plan, there are no funds available for construction, and the City's top priority at this time has been to pursue the Mill Mountain Greenway from downtown Roanoke to the top of Mill Mountain. In summary, he stated that throughout the planning process, City staff wanted the assurance that nothing has been done in connection with construction of the Tinker Creek Interceptor that will preclude a future gmenway following this alignment when funds are available. Without objection by the two goveming bodies, Mayor Bowers advised that the briefing would be received and filed. There being no further business, at 1:40 p.m., Mayor Bowers declared the Roanoke City Council meeting in recess until 2:00 p.m., in the Roanoke City Council Chamber, fourth floor, Municipal Building North. At 2:00 p.m., on Monday, March 2, 1998, 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 John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. INyatt, C. Nelson Harris and Mayor David A. Bowers 7. ABSENT: None Om 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 Ken Atkins, Pastor, West End Presbyterian Church. 239 The Pledge of Allegiance to the Flag of the United States of America wes 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 wes 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 purposes, specifically certain real property that may be needed for public drainage purposes; and personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. .. COMMrI-FEES-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 ~.~. (A)(t), Code of Virginia (1950), as amended, wes before the body. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. Wttits 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), Cede of Virginia (1950), as amended. The motion wes 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 O. PURCHASE/SALE OF PROPERTY-CITY ATTORNEY-COUNCIL- SEWERS AND STORM DRAINS: A report of the City Attorney requesting that Council convene in Executive Session to discuss a matter with regard to acquisition of real property for public purposes, specifically 24O certain real property that may be needed for public drainage purposes, pureuant 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.) ACTION: Mr. White moved that Council concur in the request of the City Attorney to convene in Executive Session to discuss a matter with regard to acquisition of real property for public purposes, specifically certain real property that may be needed for public drainage purposes, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Membore Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowara 7. NAYS: Nono O. HOUSING/AUTHORITY-GRANTS: A report of the City Manager advising of receipt of a communication from Joseph K. Averaano, Director, Community Planning and Development Division, U.S. Depa,~,,ent of Housing and Urban Development (HUD), Richmond Office, who is responsible for overseeing the City's activities with respect to the Consolidated Plan, was before Council. It was explained that the Consolidated Plan is the document the City submits annually to HUD in order to receive approximately $3,000,000.00 in yearly entitlement grants under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) program. The City Manager further advised that the letter recognizes the City's performance during the most recently completed fiscal year; among the results noted, hundreds of individuals received services ranging from emergency assistance to recreational programs and scores of homes were rehabilitated; and as the letter indicates, such achievements occurred while maintaining an admirable record of compliance with the regulatory requirements. 241 It was noted that this record of positive results reflects the work of many groups within City government and the wider community with particular recognition of the Office of Grants Compliance which is responsible for planning, contracting, monitoring, and other central administrafive functions sssocistsd ~ these funds; and the success of the City's CDBG and HOME programs is largely due to efforts of the Office of Grants Compliance. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. White moved that the report be received and filed. Ths 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. ZONING4DREENWAY SYSTEM-TRANSPORTATION SAFETY- OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Joel W. Richert as a member of the Board of Zoning Appeals for a term ending December 31, 2000; Barry W. Baird as a member of the Roanoke Valley Greenways Commission for a term ending duns 30, 1999; and David A. Morgan as a member of the City of Roanoke Transportation Safety Commission for a term ending October 31, 2000. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) ACTION: 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: 242 AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: None 0. HEARING OF CITIZENS UPON PUBLIC MATi'ERS: ECONOMIC DEVELOPMENT: Elizabeth S. Doughty, Executive Director, Roanoke Valley Economic Development Partnership, presented a briefing on activities of the Roanoke Valley Economic Development Partnership for 1997. She advised that the Pa,b~ership fielded 765 inquiries on the Roanoke Valley, 42 prospects visited the Roanoke Valley, for an increase of 28 per cent over 1996, and the Partnership assisted with expansions and relocations representing $54.7 million in investment and created 300 direct new jobs encompassing seven projects, with the following expansions/relocations in Roanoke City: Maple Leaf USA - a $22 million food processing facility with 150 jobs, Empire Foods - a food processing facility with 25 jobs, and Advanced Machining Solutions - support to industry with 20 jobs. Ms. Doughty stated that Roanoke City has been a part of the Roanoke Valley Economic Development Partnership since 1983 and during this time, the Partnership has helped to create approximately 50 expansions and locations, one-half billion dollars in investments, and 16,000 new direct and indirect jobe, with approximately $224 million in annual payroll from these jobs. Without objection by Council, the Mayor advised that the report would be received and filed. COMPLAINTS-TAXES-COMMISSIONER OF REVENUE: Melanie J. Logan, representing Enterprise Rent-A-Car, appeared before Council to protest the wholesale business license tax on the sale of rentel vehicles at its 4721 Melrose Avenue, N. W. location. She stated that 243 Enterprise Rent-A-Car does not conduct business es a wholesale merchant, therefore, it should not be taxed as a wholmmis merchant on the disposal of rental cars which could, in effect, cause the company to be triple taxed. Ms. Logan explained that Enterprise Rent-A-Car is a major source of tax revenue to the City of Roanoke; in t997, it paid $107,093.63 in rental taxes; in the past three years, it has paid a total of $29,238.83 in Business License Taxes for rental gross receipts from its three Roanoke locations, as well as additional amounts for Business License Tax on the purchase of new care, pereonal property tax, and use tax. She explained that this disproportionate tax between revenue vereus non-revenue activities suggests that the License Tax Code does not fairly address car rental companies, and Enterprise Rent-A-Car is of the opinion that to pay an additional $24,000.00 per year in Wholesale Business License Tax is an unfair tax burden; therefore, the company requests that the current Business License Tax Code be reviewed and that Enterprise Rent-A-Car be granted relief from the Wholesale Business License Tax through a special exception, or a reduction of the rate, or establishment of a threshold over which a tax should be paid. Inasmuch as the Business and Occupational License Tax is administered by the Commissioner of the Revenue, Mr. White moved that the matter be referred to the Commissioner of the Revenue in consultation with the City Attorney, and that the Membere of Council be provided with a copy of the response to Enterprise Rent-A-Car. The motion was seconded by Mr. Parrott and unanimously adopted. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: ClTY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-FIRST UNION NATIONAL BANK-STREETS AND ALLEYS-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that Firet Union National Bank received 244 $337,335.50 in training funds.from the City of Roanoke through the Enterprise Zone One Training Incentive Program in December 1994; an agreement between the City of Roanoke, First Union, and the Fifth District Employment and Training Consortium (FDETC) stated that the funds were contingent upon First Union maintaining 566 positions in Enterprise Zone One for a period of five years; a new agreement between the City of Roanoke, First Union, end the FDETC was entered into on August 26, t997, stating that First Union would have to pay a penalty for reducing the number of jobe in Enterprise Zone One; First Union reduced the number of jobs in Enterprise Zone One by 25 per cent, and now has 427 employees in Enterprise Zone One; therefore, the City will receive a check from First Union in the amount of $85,738.94 by February 27, 1998. The City Manager further advised that Salem Avenue's street- scape is in need of repair; the sidewalks from Wall Street to Jefferson Street on the south side of Salem Avenue are estimated to cost $52,950.00 which includes sidewalks and brick around eight planted trees and six street lights need to be installed; lighting, wiring, and excavation of pavement to install the conduit for the street lights is estimated to cost $32,788.94; and Salem Avenue is a front door for the Hotel Roanoke and Conference Cenfer and the downtown market area. The City Manager recommended that Council appropriate the one-time revenue source from First Union of $85,739.00 to a capital improvement account to be established by the Department of Finance and designated for Salem Avenue street-scape improvements. Mr. Trout offered the following emergency ordinance: (#33733-030298) AN ORDINANCE amending and reordaining certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. Mr. Trout moved the adoption of the ordinance. The motion was seconded by Mr. Harris. Mr. White expressed concern that a contractual obligation to repay the City $85,739.00 by First Union National Bank is recommended to be spent for sidewalks and other streetscape improvements, when it would have been more appropriate for the matter to be handled in two separate transactions. He stated that the City Manager is 245 recommending strsstscape improvements and repairs for Salem Avenue, however, citizens are told repeatedly to be patient and wait until their neighborhood reaches the top of the City's priority list. He inquired if this item is number one on the list of priorities that City staff refers to when citizens inquire about sidewalk, curb and gutter improvements. The City Manager advised that the $85,739.00 are economic development investment monies, not curb, gutter and sidewalk funds, and the approximately $4 million included in the bond referendum for sidewalk, curb and gutter are primarily directed toward residential neighborhoods which are included on the City's priority list. He stated that the funds in question are separate monies that are intended to entice investment in the downtown area and the proposed improvements are Iocaled at Salem Avenue across from the First Union Tower; and curb, gutter, trees and lighting currently exist on the north side of the block, and it has been a priority of the economic development staff to complete improvements. Vice-Mayor Wyatt expressed concern that the funds were originally intended to secure employment, that a portion of the funds have bccn returned to the City, however the funds are proposed to be used for streets and sidewalks instead of jobs. She stated that she could not support the City Manager's recommendation because the funds were originally intended for economic development and not streetscape improvements. Ordinance No. 33733-030298, which was prepared as an emergency measure, was lost by the following vote: AYES: Council Members Parrott, Trout, White, and Harris 4. NAYS: Council Members Swain, Wyatt and Mayor Bowers ...... 3. Mr. Trout moved that the following ordinance be placed upon its first reading: (#33733-030298) AN ORDINANCE amending and reordaining certain sections of the 1997-98 Capital Projects Fund Appropriations. The motion was seconded by Mr. Parrott and adopted by the following vote: 246 AYES: Council Members Parrott, Trout, White and Harris '~. NAYS: Council Members Swain, Wyatt and Mayor Bowers 3. TRAFFIC-BUDGET: The City Manager submitted a written report advising that the City of Roanoke has 135 intersections controlled by traffic signals, and there ars presently 19 intersections that qualify for traffic signalization in accordance with federal specifications found in the Manual on Uniform Traffic Control Devices (MUTCD); and the 1997 General Obligation Bond referendum includes funding, in the amount of $700,000.00, for signalization of the following intersections: Hollins Road/Liberty Road, N. E., Brambleton Avenue/Overland Road, S. W., Shenandoah AvenueNVestaide Boulevard, N. W., Tenth Street/Hunt Avenue, N. W., Williamson Road/Hildebrand Avenue, N. W., Orange Avenue/Lynn Brae Drive, N. E., and Plantation Road/Preston Avenue, N. E. The City Manager further advised that an advertisement for consultant services for the design of traffic signals was published in the November 16, 1997 edition of The Roanoke Times and the November 20, 1997 edition of the ~a~zg~_~; and Mattsrn & Craig, Inc., and Hayes, Seay, Mattem and Mattern, Inc., ware selected to perform design services following review of consultant qualifications and intewiewa. The City Manager recommended that Council concur in the following actions: Award engineering services agreements, in forms approved by the City Attomey, to Mattarn & Craig, Inc., and Hayes, Seay, Mattern & Mattern, Inc., in the amounts of $85,000.00 and $59,550.00 respectively; and Appropriate $194,550.00 from the 1997 General Obligation Bond proceeds to a new account to be established by the Director of Finance, entitled Seven New Traffic Signals, ($144,550.00 for engineering services agreements and $50,000.00 for miscellaneous equipment to be purchased as intersection plans are completed), which equipment 247 ACTION: ACTION: can include traffic signal poles, mast arms, signals, and controllers to be ordered through the Office of Supply Management to be used only on the seven intorsections identified above. (For full tsxt, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33734-030298) AN ORDINANCE to amend and mordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 384.) Mr. Trout moved the adoption of Ordinance No. 33734-030298. 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: Nono 0. Mr. Trout offered the following resolution: (~33735-030298) A RESOLUTION authorizing a contract with Mattsm & Craig, Inc., and Hayes, Seay, Mattorn & Mattern, Inc., for the preparation of plans and engineering services needed for new traffic signal systems at seven intersections within the City of Roanoke. (For full text of Resolution, see Resolution Book No. 60, page 385.) Mr. Trout moved the adoption of Resolution No. 33735-030298. 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. 248 CONSULTANTS REPORTS-WATER RESOURCES-COMMII'rEES: The City Manager submitted a written report advising that on February 2, 1998, Council directed the City Manager to engage a consultant to conduct a Comprehensive Land Uss Study of City owned Carvins Cove watershed property; and individuals, organizations, and the City Planning Commission have let it be known by various methods that they would like to be involved in the study, either through appointment to the Advisory Committee or public meetings. The City Manager further advised that it is time to appoint members to the Ad Hoc Citizens Advisory Committee; and membership should be from the City of Roanoke in keeping with Council's policy that all appointments to City boards, committees, and commissions will be restricted to City residents, unless expressly waived by Council. The City Manager recommended that he be authorized to appoint s seven member Ad Hoc Citizens Advisory Committee to advise City staff, the consultant and the Water Resources Committee. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott moved that Council concur in the recommendation of the City Manager and that the City Manager be authorized to appoint a seven member Ad Hoc Citizens Advisory Committee to advise City staff, the consultant, and the Water Resources Committee with regard to a Comprehensive Land Use Study for the Carvins Cove Watershed property. The motion was seconded by Mr. Swain. Vice-Mayor Wyatt offered an amendment to the motion that Council Members appoint the seven member Ad Hoc Citizens Advisory Committee. The amendment was seconded by Mr. White and adopted, Council Members Parrott, Swain and Mayor BoWers voting no. The motion, as amended, was adopted, Council Members Parrott, Swain and Mayor Bowers voting no. The Mayor requested that each Member of Council submit a nomination st the next regular meeting of Council on Monday, March 16, 1998. 249 BUDGET-FIFTH PLANNING DISTRICT COMMISSION-BLUE RIDGE COMMUNITY SERVICES-DISABLED PERSONS: The City Manager submitted a written report advising that the Filth District Disability Services Board (DSB) is responsible to local governments and serves as a critical resource for needs assessment, information sharing and service opportunities for citizens with disabilities, their families and the community; the following jurisdictions in the Fifth Planning District have enacted resolutions establishing their participation in a regional effort and have appointed a local official to serve: City of Roanoke, Town of Vinton, Roanoke County, City of Salem, City of Covington, Craig County, Botetourt County, City of Clifton Forge and Allegheny County; and funds from the State Rehabilitative Services Incentive Fund (RSIF), a short-term, non-renewable, stimulus fund designed to promote investment in meeting the needs of individuals with physical and sensomJ disabilities, have bccn allocated to the Fifth District DSB for the second consecutive year by the State Department of Rehabilitative Services. The City Manager further advised that the DSB solicited proposals for the use of additional 1997-98 RSIF funds, three of which were received, reviewed and forwarded to the Depa,G,,ent of Rehabilitative Services for approval; the Deparl,,,ent of Rehabilitative Services and the Disability Services Council approved funding for two of the three projects and has awarded the local DSB the following funding: Blue Ridge Community Services (home modifications, adaptive equipment, medical supplies, therapoutic services) - $4,372.00 Un;fled Human Services Transportatio~Systems, Inc., (client transportation) - $5,000.00 It was explained that Blue Ridge Community Services and Unified Human Services Transportation Systems, Inc., will provide local matching funds for the grant and no City funds will be required for the match; and funds from the State Rehabilitative Services Incentive Fund (RSIF), in the amount of $9,372.00, will be received by the Director of Finance as Fiscal Agent 250 ACTION: ACTION: The City Manager recommended that Council appropriate $9,372.00 to Grant Fund Expenditure Account No. 035-054-5t96-2010, with a corresponding revenue estimate to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (~33736-030298) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 386.) Mr. Swain moved the adoption of Ordinance No. 33736-030298. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, W~att, Harris and Mayor Boware ...... . 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 January 1998. (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. BONDS/BOND ISSUES: The Director of Finance submitted a written report with regard to the City's 1997 appropriation of t997 bond funds. He recommended that Council appropriate $13,010,000.00 of 1997 bond proceeds to a Capital Projects Fund account, entitled "Public Improvement Bonds -Series 1997". He advised that to retain flexibility as to project needs, allocation of the proceeds to specific categories will be made as construction projects are approved by 251 ACTION: Council which will allow the City to avoid the payment of arbitrage while maximizing the use of bond proceeds to fund capital projects; appropriations of funding by category may not exceed the amounts approved in the November 4, t997 bond referomJum; and funding of $6,000,000.00 and $1,250,000.00 has bccn appropriated thus far in the Education and Building categories, respectively. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33737-030298) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 387.) Mr. Trout moved the adoption of Ordinance No. 337374)30298. The motion was seconded by Mr. Swain and adopted by the following vets: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ,' 7. NAYS: None 0. REPORTS OF COMMITTEES: ROANOKE MEMORIAL HOSPITALS-AIR RIGHTS-STREETS AND ALLEYS-WATER RESOURCES: Council Member William White, Sr., Acting Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to overhead right-of-way encroachment on Crystal Spring Avenue, S. W., as requested by CHS, Inc. A staff report advised that CHS, Inc., is a subsidiary of Carillon Health System, that operates Roanoke Memorial Hospital; Roanoke Memorial Hospital has provided health care services from its present location at Belleview Avenue, S. E. and Jefferson Street since 1899; 252 several expansions and auxiliary building~ have been constructed, but parking is limited in the area of the Cancer and Rehabilitation Centers, which are located in the block between Jefferson Street and Crystal Spring Avenue. It was further advised that a parking garage above Crystal Spring Avenue, between the Cancer and Rehabilitation Centers and the future medical office building is proposed in a parking study prepared by Sheratz Franklin Crewford Shaffner, Inc.; a request to lease air rights to allow the construction of a parking garage above Crystal Spring Avenue between McClanahan Avenue and Evans Mill Road has been received from CHS, Inc., for · term of 60 years; the bid for license payment is recommended to be a one-time fee of not less than $75,600.00, which value was established by applying 50 percent of the value per square foot of surrounding properties to the 270' x 80' footprint of the area to be leased; potential lease of air space must bo advertised and the successful bidder will be required to reimburse the City for the full cost of advertising, which must be published once a week for four successive weeks in two newspapers with local circulation; a public hearing is required for lease of air rights over City right-of-way; and the City must advertise a public hearing on the proposal once a week for two successive weeks, said hearing to be held not less than six nor more than twenty-one days after the date of the second advertisement. The Water Resources Committee recommended that Council authorize City staff to advertise for bids and to hold a public hearing regarding a lease for a term of 60 years for air rights over Crystal Spring Avenue to allow construction of a four level parking garage 16.5 feet above the street and extending upwards 25 feet between McCisnahan Avenue and Evans Mill Road, for a one time consideration of not less than $75,600.00; the successful bidder shall prepare all appropriate legal documents in a form to be approved by the City Attorney, including provision for a performance bond to insure demolition of the structure if necessary, and authorizing award of the lease to the successful bidder, who shall also obtain the approval of the Board of Zoning Appeals; and the City resen~es the right to reject all bids. (For full text, see reports on file in the City Clerk's Office.) 253 ACTION: ACTION: Mr. White moved that Council concur in the recommendation of the Water Resources Committee and authorize a public hearing to be held on Monday, April 20, 1998, at 7:00 p.m. The motion was seconded by Mr. Trout and unanimously adopted. Y.M.C.A.-JEFFERSON CENTER-LEASES-SCHOOLS-WATER RESOURCES: Council Member William White, Sr., Acting Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to extension of a lease with the Young Men's Christian Association for property known as the Jefferson High School Gymnasium. A staff report advised that the Jefferson High School Gymnasium has been leased to the YMCA since 1983; the lease was renewed for a term of live years pursuant to Ordinance No. 28902, edopted December 21, 1987, and for an additional term of five years pursuant to Ordinance No. 31331-020893, adopted February 8, t993; and the lease contained a provision for renewal on a year-to-year basis for four additional one year terms, subject to the Leseor's concurrence, for s total of five years. It was further advised that the Roanoke City School Board has approved extension of the lease for an additional one year term, at the current rata of $t.00 per year; the lease provides for renewal for up to four additional one-year terms provided the Lessee gives the Lessor written notice at least 60 days prior to expiration of the lease, with the concurrence of the Lessor; and all other provisions of the original lease shall remain in effecL The Water Resources Committee recommended that Council authorize extension of the lease agreement with the YMCA for property known as the Jefferson High School Gymnasium, for a one-year term, with provision for renewal for up to four additional one-year terms, provided that the Lessee gives the Lessor written notice at least 60 days prior to expiration of the lease, at the rate of $1.00 per year, in a form to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) Mr. White moved that the following ordinance be placed upon its first reading: 254 ACTION: (#33738) AN ORDINANCE authorizing the renewal of a lease agreement between the City, the School Board of the City of Roanoke, and the Young Men's Christian Association of Roanoke, Virginia, for use of the Jsffemon High School gymnasium, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 389.) The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Membem Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowem 7. NAYS: None UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 33730 permanently vacating, discontinuing and closing that portion of 29th Street (formerly known as 8th Street), located between Carolina and Rosalind Avenues, S. W., having previously bccn before the Council for its flint reading on Tuesday, February 17, 1998, mad and adopted on its flint reading and laid over, was again before the body, Mr. Parrott offering the following for its second reading and final adoption: (~33730-030298) AN ORDINAN.CE permanently vacating, discontinuing and closing certain publ,c right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 60, page 380.) Mr. Parrott moved the adoption of Ordinance No. 337304)30298. The motion was seconded by Mr. Harris and adopted by the following vote: .! 255 AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harri~ and Mayor Bowers 7. NAYS: None 0. ZONING: Ordinance No. 33731 designating certain property located at 718-720 First Street, S. W., Official Tax No. t 020511, as H-2, Neighborhood Preservation District' in addition to the present C-3, Central Business District zoning, having previously been before the Council for its first reading on Tuesday, February 17, 1998, 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: (#3373t-030298) AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. t02, 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. 60, page 382.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33731-030298. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout' White, Wyatt, Harris and Mayor Bowers 7. NAYS: None 0. CITY CODE-ZONING: Ordinance No. 33732, amending ~36.1-228, S~ecial exceDtion use~, of Chapter 36.1, ~91]JP_g, of the Cede of the City of Roanoke (t979), as amended, to permit manufacturing sstablishmente as a special exception use in the C-3, Central Business District' having previously bccn before the Council for its first reading on Tuesday, February 17, 1998, 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: 256 ACTION: (#33732-030298) AN ORDINANCE amending §36.1-228, ~ ~ of Chapter 36.1, ~Q[dDg, of the Code of the City of Roanoke (1979), as amended, to permit manufacturing establishments as a special exception use in the C-3, Centrel Business District. (For full text of Ordinance, see Ordinance Book. No. 60, page 383.) Mr. Trout moved the adoption of Ordinance No. 337324)30298. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. NAYS: None MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ZONING'COMPLAINTS-PUBLICWORKS-LANDMARKS/HISTORIC PRESERVATION: Council Member Harris inquired about the demolition of a structure in the 300 block of Elm Avenue, S. W., in the Historic District; whereupon, the Director of Public Works advised that he would investigate the matter and provide Council with a response no later than Friday, March 5, 1998. COUNCIL: Council Member White called attention to the Council's Financial Planning Session which was held on Saturday, February 28, 1998, and requested that the City Manager publish the highlights of the meeting on the City Page of ~]1~ and in any other publications he deems appropriate. CITY SHERIFF-REFUSE COLLECTION: Council Member Swain commended the program of the Sheriff's Department in which inmates ars assigned the responsibility of picking up litter at the entrances and exits to 1-581. He spoke in support of a public education campaign to apprise persons of the consequences of littering and the cost to the taxpayers of the City of Roanoke to collect litter. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. 257 ACTION: ACTION: At 3:45 p.m., the Mayor declared the meeting in recess. At 4:12 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: ~N'~h 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: (t) 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 was convened ware heard, discussed or considered by City Council. 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. OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that there is a vacancy on the Youth Services Citizen Board created by the resignation of Marjorie S. Smithey, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Gwendolyn J. Lawrence. There being no further nominations, Ms. Lawrence was appointed as a member of the Youth Sewices Citizen Board, for a term ending May 31, 2000, by the following vote: FOR MS. LAWRENCE: Council Members Parrott, Swain, Trout, White, Wyatt, Harris and Mayor Bowers 7. 258 There being no further business, the Mayor declared the meeting adjoumed at 4:15 p.m. APPROVED ATTEST: Mary F. Parker City Clark David A. Bowers Mayor 259 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL March 16, 1998 t2:15 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, March 16, 1998, at 12:18, the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule t, ~ of Section 2-15, l~&ll~.~G~iuJ~ Code of the City of Roanoke (1979), ss amended. PRESENT: Council Members Carroll E. Swain, James O. Trout, William White, Sr., Linde F. Wyatt, C. Nelson Harris, John H. Parrott and Mayor David A. Boware--7. ABSENT: None OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchis, Sr., Assistant City Manager; William X Parsons, Assistant City Attorney; James D. Grieso, Director of Finance; and Mary F. Parker, City Clerk. STATE HIGHWAYS: Robert K. Bengteon, Traffic Engineer, presented a briefing with regard to the Highway Improvement Program. He advised that at the Council meetng on January 5, 1998, Mr. Trout requested a review of roadway improvements to Liberty Road and Burrell Street, N. W., from Williamson Road to Orange Avenue, and indicated that enhancements to these roads would provide an extension of the improvements recently completed on Gainsboro Road; it is believed that this would require a major roadway improvement project, and it ia necessary to provide an overview of the highway improvement program, including the process by which Roanoke is able to add major roadway improvements in the Virginia Department of Transportation's Six-Year Improvement Program; and before a major roadway improvement project can be considered for State and Federal funding, the Virginia Depa~b~ent of Transportation (VDOT) requires that a formal resolution for the project be adoptmJ by Council. It was explained that the Six-Year Improvement Program is VDOT's plan for identifying funds anticipated to be available for ports, airports, public transit and highway construction for this year and each of the next five years; all projects accepted by VDOT and included in the Six-Year Improvement Program are considered to be "programmed" projects, and are divided into two categories: 260 Active. when a project has had previous funding or has an allocation in the first fiscal year of the six-year program. Proposed. when a project has had no previous funding and has no allocation in the first fiscal year of the six-year program. It was noted that the Six-Year Improvement Program is annually updated by VDOT to include eligible new projects that ara requested by municipalities; each annual update makes the actual allocations for the current fiscal year and adjusts the projected allocations for the five remaining years as funding allows; funding is allocated to the City of Roanoke baaed on the City's proportion of population to the total population of all cities and towns in Virginia; current year's allocation is $6,893,000.00, and projections for the next five years range from $6,182,000.00 to $6,827,000.00. It was advised that the Roanoke Ci~ Thorou_,hfare Plan ia an element of Roanoke Vision. the City's official comprehensive plan aa adopted by Council on January 10, 1994; the Roanoke Valley Area Lonu Ran0e Trans_DortetiC)n Plan (1995 - 2015) is developed by State and local agencies as part of a "continuing, comprehensive, and cooperative (3-C) transportation planning process" as required by the Federal Highway Act of 1962 for urban areas of 50,000 or more in population; and the plan, which is to be updated every five years, but can be amended at any time, includes a "fiscally-constrained" list of projects that are either in progress or have the potential to be constructe<J within 20 years. It was explained that the Six-Year Improvement Program funding is presently allocated for the completion of several ongoing projects and for the work to be done on the 10th Street and 13 StreetJHollins Road projects; however, VDOT ia currently examining the possibility of including the Wonju Street Extension project in this year's update of the Six-Year Improvement Program; beyond that, projects such as the widening of Orange Avenue, N. E., and other priority projects are not expected to be included in this year's update; the next update of the Roanoke City Transportation Plan, which will likely be a two-year process, is being proposed for the Fifth Planning District's annual work program with a goal to rssssess the current highway needs and thereby create a revised listing of projects which will serve as a guideline for future roadway improvements; and consideration will be given to improvement of all heavily traveled roadways, including the improvement of Liberty Road and Burrell Street from Williamson Road to Orange Avenue. At 12:55 p.m., the Mayor declared the meeting in recess until 2:00 p.m. ,d At 2:00 p.m., on Monday, March 16, 1998, 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 Bowere presiding. PRESENT: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor 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. The reconvened meeting was opened with a prayer by The Reverend George R. Pruitt, Jr., Supply Priest, SL Elizabeth's Episcopal Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to one 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 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, was before the body. (For full text, see communication on file in the City Clerk's Office.) 261 262 ACTION: 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~.~. (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None BLUE RIDGE COMMUNITY SERVICES-INDUSTRIES-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Ann J. Francis as a City Representative to the Blue Ridge Community Services Board of Directors for a term ending December 31, 2000; and S. Deborah Oyler as a Director of the Industrial Development Authority of the City of Roanoke for a term ending October 20, 2001. (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: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: 263 BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of $360,000.00 from the Capital Maintenance and Equipment Replacement Fund to be used for classroom/library furniture for Woodrow Wilson Middle School, was before Council. The School Board further requested appropriation of funds to the following grant accounts: Grant No. 6246 - $80,308.00 for the Eiesnhower Title II Professional Development Program to provide funds for innovative math, science and technology education program strategies to be developed to improve the teaching and lesming of Virginia's Standerd~ of Learning. Thie new program will be one hundred per cent reimbursed by federal funds. Grant No. 6796 - $14,039.00 for the Perkins Act Program to provide funds for vocational instructors and equipment. This continuing program will be one hundred per cent reimbureed by federal funds. Grant No. 6825 - $295.00 for the Arts Incentive Grant for Jackson Middle School. The funds will be used to help strengthen the arts program and to encourage innovative arts programs at the school. This new program was funded by federal funds. Grant No. 6974 - $5,000.00 for the Chess Program to pay for chess materials and tournament participation costs. This continuing program was funded by a private donation. Grant No. 6975 - $163,066.00 for the 1996 Goals 2000 Technology Program. The funds will be used to purchase classroom computers and related technologies at the middle school level. This new program will be one hundred per cent reimbursed by federal funds. 264 ACTION: Grant No. 6976 - $225,753.00 for the 1997 Goals 2000 Technology Program. The funds will be used to. purchase classroom computers and related technolog,es at the middle school level. This new program will be one hundred per cent reimbursed by federal funds. Grant No. 6977 - $2,152.00 for the 1996 Goals 2000 Technology Support Program. The funds will be used for training in support of efforts to improve education in the schools through the provision of computers and related technology. This new program will be one hundred per cent reimbursed by federal funds. A report of the Director of Finance advising that this is the fifth appropriation of the School Board's fiscal year 1997 CMERP funding of $1,877,074.00 which will leave an unappropriated school CMERP balance of $412,401.00, 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 Off~ce.) Mr. Trout offered the following emergency budget ordinance: (~/33739-031698) AN ORDINANCE to amend and reordain certain sections of the 1997-98 School and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 389.) Mr. Trout moved the adoption of Ordinance No. 33739-031698. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parmtt and Mayor Bowers 7. NAYS: None 0. AIRPORT-BUDGET: A communication from Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, requesting approval of the Airport Commission's 1998-99 proposed Operating and Capital Purchssss budget, es well as a listing of proposed capital expenditures which are expected to exceed $100,000.00, wes before Council. It wes advised that in accordance with the requirements of the Roanoke Regional Airport Commission Act, and the Roanoke Regional Airport Commission Contract dated January 28, 1997, as amended, the Airport Commission's 1998-99 proposed Operating and Capital Purchase Budget, which wes adopted by the Commission at its March tl, t998 meeting, ss well ss a separate listing of a proposed capital expenditure which is expected to exceed $100,000.00 and is intended to benefit five or more future accounting periods, wes submitted for approval. ,.-.~ 265 (For full text, see communication on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33740.031698) A RESOLUTION approving the Roanoke Regional Airport Commission's 1998-1999 proposed operating and capital budget, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 60, page 392.) ACTION: Mr. Trout moved the adoption of Resolution No. 33740-031698. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. 266 ITEMS RECOMMENDED FOR ACTION: POLICE DEPARTMENT-HOUSING/AUTHORITY: The City Manager submitted a written report advising that grant monies totaling $80,000.00 were allocated and disbursed in the past two years by the Roanoke Redevelopment and Housing Authority to enhance Roanoke City Police C.O.P.E. (Community Oriented Policing Effort) activities on property managed by the Housing Authority, which money was disbursed at $10,000.00 per quarter for the years 1995-96 and 1996-97; 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 is to create a drug and crime-free environment and to provide for the safety and protection of the residents in public housing developments; services listed 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 Housing Authority. It was further advised that Council's approval is required to authorize the City to extend the contract with the Housing Authority for a period of one year, to expire on June 30, 1998; and an additional $40,000.00 of Housing Authority grant funds have been budgeted as both recovered costs and expenditures in connection with contract extension. The City Manager recommended that he be authorized to execute the Service Contract with the Roanoke Redevelopment and Housing Authority, 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: (#33741-031698) A RESOLUTION authorizing an amendment to 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 the Authority. ACTION: (For full text of Resolution, see Resolution Book No. 60, page 393.) Mr. White moved the adoption of Resolution No. 337414)31698. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, ParTott and Mayor Bowers 7. NAYS: None .. 0. Council Member Swain requested a atetue report aa to when the new Police Chief will submit hia recommendation regarding police eub- stations. Vice-Mayor Wyatt requested that City ateff investigate the feaaibility of purchaaing a police mobile unit, similar to a unit which is used by the City of Philadelphia. BUDGET-CMERP-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need to provide for acquisition of priority technology needs and enhancements; and it is necessary for Council to appropriate funds from CMERP and Prior Year Retained Earnings to provide for acquisition of the following itema: Workstation requests Event Management System Trust Fund Accounting System HUD Planning & Mapping System Citizen Service Tracking System (Phases I & II) Real Estate System Study Meals Tax & Business Tax System Wide Area Network (WAN) Client-Server Technology Year 2000 Software Tools Imaging Project Central CD Tower Help Desk Software TOTAL: $272,145.00 $ 56,500.00 $ 10,000.00 $ 11,120.00 $126,000.00 $ 35,000.00 $ 50,000.00 $115,140.00 $ 20,000.00 $ 20,000.00 $ 60,000.00 $ 10,000.00 $ 15,000.00 $799.905.00 267 268 Funds designated from Prior Year Retained Earnings Account: City Information Systems: GIS - Phase 11 Training Room E-Mail Licensing Enterprise Document Print/ Retrieval System Server Upgrades CIS Training Consultente end Temporary Staff $300,000.00 $ 33,500.00 $ 15,000.00 $ 65,000.00 $ 20,000.00 $ 10,000.00 $136,000.00 Utility Line Services: Utility Line Services' portion of Wide Area Network Total $ 16,020.00 The City Manager recommended that Council appropriate $t ,395,425.00 to accounts to be established by the Director of Finance as follows: $799,905.00 from current year Capital Maintenance and Equipment Replacement Program; $16,020.00 from Utility Line Services Prior Year Retained Earnings; and $579,500.00 from City Information Systems Prior Year Retained Earnings. (For full toxt, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33742-031698) AN ORDINANCE to amend and raordain certain sections of the 1997-98 General, Utility Line Services, and City Information Systems Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book Noc 60, page 393.) ACTION: 269 Mr. Trout moved the adoption of Ordinance No. 33742-031698. The motion was ~econded by Mr. Parrott and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Psrrott and Mayor Bowara 7. NAYS: None 0. STATE HIGHWAYS4STEA-GRANTS: The City Manager submitted a written report advising that the Intermodal Surface Transportation Efficiency Act (ISTEA), which requires state departments for transportation to set aside a minimum of ten per cent of the Surface Transportation Program (STP) allocation each year to be used for "hazard elimination" and "rail/highway grade cron,tings", was signed into federal law in December 1991; funding participation for approved projects is 90 per cent federal and ten per. cent local; Virginia Department of Transportation (VDOT) project applications were submitted in June, 1997, including applications for two railroad grade crossing projects submitted by the City which were selected by staff based upon eita review and citizen complaints; and the applications are for installation of gates and flashing lights at the railroad crossings on Cleveland Avenue (east of 18th Street, S. W.) and on 18th Street, S. W. (south of Campbell Avenue), which crossings are currently marked only with signage. The City Manager further advised that VDOT has approved both Roanoke City project applications which will be authorized by VDOT upon receipt of resolutions adopted by Council and will be included in this year's update of VDOT's Six-Year Improvement Program; and the local share of project cost is estimated to be $400.00 for the two projects. The City Manager recommended that Council request, by two separate resolutions, that VDOT program the two safety projects as urban highway projects; and indicate that if the City cancels one or more of the projects in the future for any reason, the City would pay 100 per cent of all costs associated with any work completed on the canceled project between the time of programming and the cancellation notice. (This type of statement is usual and typical of all highway project programming requests made by municipalities throughout Virginia.) 27O ACTION: ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (~fk33743-031698) A RESOLUTION requesting the Virginia Department of Transportation to program s safety project, Cleveland Avenue, S. W., railroad grade crossing, as an urban highway projecL (For full text of Resolution, see Resolution Book No. 60, page 397.) Mr. Trout moved the adoption of Resolution No. 33743-031698. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None 0. Mr. Trout offered the following resolution: (~t33744-031698) A. RESOLUTION requesting the Virginia Depa, b,,ent of Transportation to program a safety project, 18th Street, S. W., railroad grade crossing, ss an urban highway project. (For full text of Resolution, see Resolution Book No. 60, page 398.) Mr. Trout moved the adoption of Resolution No. 33744-031698. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers . . 7. NAYS: None 0. BUDGET-VIRGINIA TRANSPORTATION MUSEUM-ISTEA: The City Manager submitted a written report advising that the Virginia Museum of Transportation (VMT) wishes to undertake certain renovations and construction improvements to the Transportation Museum which was included in the approved Capital Improvement Program for Fiscal Years 1994-1998; and total sstlmated co~t 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 and construction of a new front entry and installing two (2) signs on the Transportation Mueeum's roof. Phase II - building a cover/shed, with skylights, for the Transportation Museum's outside rail and road exhibits. Phase III - building and 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), pursuant to the Intermodal Surface Transportation Efficiency Act ("ISTEA") for Phase I of the Transportation Museum's renovations and construction project; VDOT included Phase I in the Enhancement Program in 1994 and awarded $228,000.00 of the $380,000.00 needed for Phase 1 in which the City commits to 20 per cent of Phase I cost; and an additional $40,000.00 was awarded by VDOT in 1997, bringing total federal funds available for the project to $268,000.00. It was explained that a maximum of $813,000.00 of the 1996 General Obligation Bond Issue has been committed by the City for the total project; bond funds must be matched by funding generated by the Virginia Museum of Transportation to include cash, in-kind goods and services and ISTEA funding; the City anticipates spending up to $152,000.00 for Phase 1, $490,000.00 for Phase tl and $171,000.00 for Phase III of the project totaling $813,000.00 which represents the City's total financial support to the Transportation Museum; and Council, at its meeting on November 13, 1995, authorized the City Manager to execute agreements with: VDOT for development and administration of Phase I, and The Virginia Museum of Transportation by which it shall fulfill all obligations undertaken by the City in its agreement with VDOT. 271 2-72 It was noted that plans and specifications for Phase I were prepared for the Transportation Museum by Hayes, Seey, Mattem and Mattern; bids were publicly opened by the Virginia Museum of Transportation on January 21, 1998, after having been advertised in accordance with the Virginia Public Procurement Act; six bids were received and the Iow bid was submitted by Avis Construction Company, Inc., in the amount of $314,000.00; bids were reviewed by VDOT and. the Iow bid. was approved by the Commonwealth Transportation Board at ,ts meeting on February 19, t998; the City- State Agreement describes the cost sharing breakdown for the project; and Roanoke's share of $81,000.00 is available in the project account which represente a portion of the $152,000.00 that the City is prepared to provide to the Transportation Museum for Phase I. The City Manager recommended that Council take the following actions: Authorize the City Manager, in a form acceptable to the City Attorney, to execute the City-State Agreement on behalf of the City; Appropriate $40,000.00 of ISTEA funds (to be reimbursed by VDOT).to "Improvements to Virginia Mus. eum of i Transportation" Account No. 008-052-9650-9007; ,ncreaee the receivable in Account No. 008-1234 by the same amount; and Authorize the City Manager to execute amendments to prior City-Stete and City-Virginia Museum of Transportation agreements, in terms acceptable to the City Attorney, to provide for the increased ISTEA award of $40,000.00 to the Transportation Museum. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~33745-031698) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 399.) AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None- O. Mr. Trout offered the following resolution: (#33746-031698) A RESOLUTION authorizing execution of an agreement between the City and the Commonwealth of Virginia, Department of Transportation, said agreement relating to the renovation and construction improvements to the existing facade of the Virginia Museum of Transportation, Phase I - Project EN94-128-V20, C- 50t and Federal Project TEA-5128 (174); authorizing execution of amendments to prior agreements between the City and the Commonwealth of Virginia, Depa;t,,,ent of TransportetJon, and the City and Virginia Museum of Transportation, to provide for the increased ISTEA award to the Virginia Museum of Transportation; upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 60, page 400.) ACTION: Mr. Trout moved the adoption of Resolution No. 33746-031698. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None 0. BUDGET-FIRE DEPARTMENT-CONSULTANTS REPORTS: The City Manager submitted a written report advising that an advertisement inviting architectural/engineering proposals for design, production of contract documents and contract administration'for the fire station at Peters Creek Road corridor was publicly advertised on Sunday, October 19, 1997; requests for proposals were requested by ten firms, and the Selection Committee narrowed the ten submittals down to four firms which were deemed most qualified to be interviewed by the .274 ACTION: committee, with the firms of Lf, flV, PC in association with DJG, Inc., having been chosen ae the most qualified due to the number of fire stations it had designed and constructed; and the fire station will be similar in plan and function to Fire Station No. 14 with added space for Emergency Medical Services (EMS). It was noted that the firms have been interviewed and the most qualified firm has been selected, and the project needs to proceed; whereupon, the City Manager recommended that Council approve the following actions: Authorize the City Manager to execute an architectural/engineering full services contract, in form acceptable to the City Attorney, with LMW, PC, in association with DJG, Inc., for design, development and construction documents, construction administration and project inspection for the fire station for the Peters Creek Road Corridor, for the lump sum amount of $66,000.00. Appropriate the following funding from the 1996 General Obligation Bond Proceeds to an account in the Capital Projects Fund to be entitled, "Peters Creek Road Fire Station": Architectural/Engineering Fee Contingency Total $66,000.00 6.000.00 (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33747-031698) AN ORDINANCE to amend and reordain certain sections of the t997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 401.) Mr. Trout moved the adoption of Ordinance No. 33747-031698. The motion was seconded by Mr. Swain and adopted by the following vote: 275 ACTION: AYES: Council Membem Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowem 7. NAYS: Nono Mr. Trout offered the following resolution: (#33748-031698) A RESOLUTION authorizing s contract with LMW, PC for design, development and construction documents, construction administration and project inspection for the fire station for the Peters Creek Road Corridor. (For full text of Resolution, see Resolution Book No. 60, page 402.) Mr. Trout moved the adoption of Resolution No. 33748-031698. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None .0. CMERP-EQUIPMENT-BUDGET: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program (CMERP) and Prior Year Retained Earnings Account has identified operational needs for various City depa,;,,,ente; and it is necessary for Council to appropriate funds from CMERP and Prior Year Retained Earnings to provide funds for the following: Neighborhood Maintenance: Improvement/Parks and Grounds Replace and upgrade fencing or backstops at various athletic fields $15,000.00 Resurface four (4) basketball or tennis courts $14,000.00 Upgrade sports lighting systems $30,000.00 276 Chain-link fencing surrounding the City Cemetery on Tazewell Avenue Construction of skateboard facility at Wasena Park Repairs to Washington Park Neighborhood park equipment playground Neighborhood Park equipment for four sites Recreation Roc Wood Adventure Center expansion Games tables, sports recreational equipment and PA system Fire-EMS for new 0peret]on equipment ambulances Building Maintenance Replace awnings over vendors' tebles at the City Market Paint uprights and framing for awnings at the City Market Paint exterior of Public Works Service Center Building Repair and paint garage and other outbuilding at Mountain View Recreation Center $30,000.00 SI0,000.00 $15,700.00 $29,422.00 $120,000.00 $24,000.00 $25,000.00 $ 4,635.00 $ 30,000.00 $157000.00 $25,000.00 $25,OOO.00 '1 277 Remove storage tank, replace with fiberglass tank at Municipal Building Cost auociated with moving of the rocket from Waeena Park Make alterations to existing administrative offices for training staff $20,000.00 $35,000.00 $t2,000.00 $479.757.0Q Total Funds designated from Prior Year Retained Earnings Account: Management Sewicee Replacement of van for City courier $ 25,000.00 Utility Line Services One - 2 ton trunk Total $6t.750.00 $86.750.0Q The City Manager recommended that Council appropriate $566,507.00, as follows: $479,757.00 from CMERP to the following: $162,000.00 to Building Maintenance Account No. 00t -052-4330-3056, $24,000.00 to Recreation Account No. 00t- 052-7110-2066, $25,000.00 to Recreation Account No. 001- 052-71t0-2035, $264,122.00 to Parks and Grounds Maintenance Account No. 001-052-4340-9015, and 278 ACTION: $4,635.00 to Fire-EMS Account No. 001-050- 3521-2010. $25,000.00 from Management Services PHor Year Retained Eami nga to Account No. 015-002-1618.9010, and $61,750.00 from Utility Line Services Prior Year Retained Earnings Account 016-056-2626-9010. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#33749-031698) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General, Management Sewices, and Utility Line Services Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 402.) Mr. Parrott moved the adoption of Ordinance No. 33749-031698. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None ............. 0. The Mayor suggested that information with rega~l to proposed CMERP projects be included on the City Page of The Roanoke Tim~. FIFTH PLANNING DISTRICT COMMISSION-REGIONAL COMPETITIVENESS ACT: The City Manager submitted a written report advising that in 1996, the Regional Competitiveness Act was adopted by the Virginia General Assembly whereby counties, cities and towns within a planning district were permitted to establish regional partnerships for the purpose of encouraging local governments to work together for their mutual benefit and for the benefit of the Commonwealth; on February 3, 1997, Council voted unanimously to join with the participating localities of the Fifth Planning District to establish an alliance under the Regional Competitiveness Act, known as the Fifth Planning District Regional Alliance; and the Regional il 279 ACTION: Competitiveness Act permits localities to participate in regional partnerships outside of their planning district, provided that the governing body of that locality adopts s resolution of support and all perticipeting local governments in the regional pertnerehip agree to the addition. It was further advised that on May 20, 1997, the Franklin County Board of Supervisors adopted a resolution requesting permission to participate in both the West Piedmont Partnership and the Fifth Planning District Alliance; on February 4, 1998, the Fifth Planning District Alliance contacted all participating localities to consider expanding memborehip to include Franklin County; Regional Competitiveness Act incentive funding is distributed to qualifying regions on s per capita basis; the Franklin County Board of Supervisors has agreed to assign 50 per cent of their population base to the Fifth Planning District Alliance increasing the funding potential to this region; and in May, 1998, the Fifth Planning District Alliance will make application for Regional Competitiveness Act incentive funding which will be available on July 1, 1998. The City Manager recommended that Council endorse the participation of Franklin County in the Fift~ Planning District Alliance. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#33750-031698) A RESOLUTION supporting participation of Franklin County in the Fifth Planning District Regional Alliance. (For full text of Resolution, see Resolution Book No. 60, page 404.) Mr. Harris moved the adoption of Resolution No. 33750-031698. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None 0. DIRECTOR OF FINANCE: 28O DIRECTOR OF FINANCE-BILLINGS AND COLLECTIONS-WATER RESOURCES-EQUIPMENT: The Director of Finance submitted a written report advising that in 1984, the City of Roanoke purchased a utility bill!ng software system from Network Compu.ting Corporation (NCC), wh,ch software company is no longer in bus,ness and no upgrades have been made to the system; the system is not year 2000 compliant and will not be .able to calculate water and sewer bills after December 3t, 1999, and a parallel team, the Utility Information Team, was formed to select a ..new software system and to evaluate and re- engineer business practices. It was further advised that specifica.tions were developed and requests for .p. ropos.a, ls were sent to approximately 30 vendors known to provide utility bill,ng software; three proposals were received from Systems & Software, Inc., HT.E, Inc., and Harris Computer Systems, Inc.; and after being evaluated ,n a thorough and consistent manner by representatives of the Utility In.formation System Team, HTE, Inc., was or~jk~eedc~.~y.ths techn°l°gy solution which would best support the n,ds It was explained that the City purchased handheld meter reading devices to automate the meter De----'----" ....... reading process in 1990; in · .,,,,,~ur, ,:~=;, me ~;Ity was notified by the handheld unit vendor that the brand of the City's handhelds .had been discontinued and no maintenance contract will be offered, procurement of handheld units was not expected to exceed $30,000.00, therefore, the formal bid process was not legall.y...required; a request for proposals for hardware needed to run the uflhty billing software system was issued on January .1.2, 1998; and on February 6, 1998, bids for hardware for the utility billing · syste.m were received from HTE, Inc., Computer Applications Specialists and Blue State Systems, Inc., and evaluated for final selection; .a. nd contract negotiations have been completed with the top ranked utihty billing software vendor, hardware bids have been evaluated and handheld meter reading equipment and corresponding software have been evaluated and ranked. The Director of Finance re.commended that Council authorize ?..e award of a contract to H.TE, Inc., in the amount of $302,185.00, for ufil, billing software and services; accent the bid ,.~ ~' .... ,__, .... ty Specialists, for ASI400 Hardware ~-"~, ,',-- -- ~.~' ~..~,,,,?u~ur ~.P. pqcaaons · . -,,u ~-,peraung ~ys~em, in me amount of $56,602.00, accept the b,d of Blue Star Systems, Inc., for the purchase of an AS/400 Central Processor in the amount of $75,100.00 i! 281 ACTION: ACTION: and Laser printers in the amount of $11,600.00, for a total cost of $86,700.00, the lowest responsive bidders to the requirements of the specifications at bid prices listed; appropriate $1,200.00 for interface software; appropriate $41,690.00 for software and hardware maintenance costs; and appropriate $28,730.00 for handheld meter reading devices. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33751-031598) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Water, Sewage Treatment, City Info~,~ation Systems and Utility Line Services Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 405.) Mr. Trout moved the adoption of Ordinance No. 337514)31698. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None ,0. Mr. Trout offered the following emergency ordinance: (#33752-031698) AN ORDINANCE awarding a contract to HTE, Inc., for utility billing software and associated services, upon certain terms and conditions; authorizing the City Manager to execute the requisite contract; accepting the bids of Computer Application Specialist and Blue Star Systems, Inc., for the provision of certain other related equipment, upon certain terms and conditions; rejecting all other bids for said equipment; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 407.) Mr. Trout moved the adoption of Ordinance No. 337524)31698. The motion was seconded by Mr. Swain and adopted by the following vote: 282 AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None.. Council Member Swain requested information with regard to the addresses of successful biddere. PURCHASE/SALE OF PROPERTY-TAXES: The Director of Finance submitted a written report advising that in October 1997, Council approved the sale of certain real property for delinquent taxes and assessments by judicial sale; upon rscommendation of the City Attorney, two law firms were selected from proposals by five firms to handle the sale; in most cases, legal fees will be paid by the property owners when the delinquent taxes or assessments are paid, or the fees will be paid out of sale proceeds at the time of sale; it is possible that all of the City's delinquent taxes and assessments may not be paid in full and costs of conducting the sale may exceed the purchase price of the property; however, the primary benefit of conducting the tax sale is to sell the property to a responsible landowner who will properly maintain the property and pay future taxes} the City would then collect future real estate taxes and avoid incurring weed/fresh abatement fees and demolifionlboard up fees; and as a result, the neighborhoods would benefit by having responsible property owners. fee It was further advised that fees includino titie searches S, advertising, service of process fees, and so-me .ttomey's f~e'~'t~ filing suits will be incurred and must be paid prior to the actual sale; approximately 1,3.0 properties were tumed over to outsid.e legal couns.el in January 1998, and it is anticipated that the firet.auctions will beg;n in June 1998 and the judicial sale process will conUnue into fiscal year 1998-99. i! The Director of Finance recommended that Council appropriate $40,000.00 to Account No. 0014)04-1232-2162 for expenses related to .conducting the judicial sale for real prope , with a corr . . rty espond,., ~n1%r~.ase ,n the del,nquent real es.ts revenue estimate, 0014)20-1234- (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: 283 ACTION: (~33753.031698) AN ORDINANCE to ·mend and reord·in certain sections of the 1997-98 General Fund Appropriations, ·nd providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 408.) Mr. Trout moved the adoption of Ordinance No. 33753-031698. The motion wee seconded by Mr. H·rrie ·nd adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, P·rrott and Mayor Bowers 7. NAYS: None ~ 0. CITY EMPLOYEES-PENSIONS: The Director of Finance submitted · written report advising that Council adopted Ordinance No. 27061 eetabliehing the Employee's Supplemental Retirement System (ESRS), effective July t, 1984; the new system, ESRS, was established in addition to the existing Employees Retirement System (ERS) and is the only system available to employees hired or rehired on or after July 1, 1984; employees who were membere of ERS as of June 30, 1984, had an option of remaining a member of ERS (existing system) or transferring their membership to ESRS (new system); and from July t, 1984 through December 31, 1984, 877 of the 1,989 employees exercised their option to transfer to the new system; in 1994, Council adopted Ordinance No. 32271-121294 authorizing another "window" of opportunity for members of the ERS to transfer to the ESRS, and this option was chosen by 128 of the remaining 565 members of the ERS. It was further advised that there are · few employees with over 42 years of service who are members of ESRS; due to their long tenure, · more favorable pension benefit might be ay·liable to these employees under ERS; the pension calculation for members of ESRS is two per cent for each year of creditable service with a maximum of 60 per cent of their average final compensation, and the average final compensation is the average annual compensation during the 36 consecutive months yielding the highest ·var·ge for members of ESRS; the pension calculation for members of ERS is one seventieth of their average final compensation multiplied by years of creditable service with no maximum, and the average final compensation for 284 ACTION: members of ERS is the annual compensation during the 12 consecutive months yielding the highest average; therefore, a member in ERS with 42 years of service would receive 60 per cent of their average final compensation. The Director of Finance recommended that all employees who were members of ERS on June 30, 1984, and who attain 42 or more years of creditable service at ratirament receive their choice of the most favorable pension benefit under ERS or ESRS; the actuarial cost for this recommendation would have an immaterial financial impact on the trust fund; and that Council adopt an ordinance, effective March 16, 1998, authorizing the retirement administration to calculate pensions under ERS and ESRS for members of ESRS who have 42 years or more of creditable service which would allow the member to select the most favorable option. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (g33754-031698) AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended by enacting new §22.1-4, ~ benefit unde.r ERS or ESRS for me. mbers of ESRS havina 42 or m~,~ years of cred'.~able servic,% to prowde that certain m.embere of the city Plan who atta,n 42 or more years of creditable serv,ce shall have the right to be paid pension benefits under either ERS or ESRS pursuant to the member's election; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 409.) Mr. Trout moved the adoption of Ordinance No. 33754-031698. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ---7. NAYS: None-.. 0. Vice-Mayor Wyatt expressed concern with regard to certain inequities in the City's Pay Plan and benefits schedule, and requested that the City Manager review the feasibility of hiring an outside 285 consultant to review pay plan/benefit issues. She suggested that a committee composed of City employees and citizens be appointed to work with the consultant. The City Manager advised that because of the time frame, a report could not be prepared prior to 1998-99 budget study, and suggested that the matter be discussed by Council during 1998-99 budget study to reach a consensus as to how Council would like to proceed. Without objection by Council, the Mayor advised that the matter would be referred to 1998-99 budget study for discussion. REPORTS OF COMMITTEES: SEWERS AND STORM DRAINS-BUDGET-WATER RESOURCES: 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 Roanoke River Interceptor Sewer Replacement, Contracts C, D and E. The Bid Committee advised that the Roanoke River Interceptor Sewer Replacement is part of the renovation and expansion of joint use sewer facilities considered by Council at its meeting on December 13, 1993; the project replaces the existing interceptor sewer from the Water Pollution Control Plant to the Salem city limits; and Contracts C, D and E replace the existing Roanoke River interceptor from Waesna Park at Winchester Street to the Salem city limits. It was also advised that the project was advertised for bids as three separate contracts: Contracts C, D and E, with each contract including approximately the same amount of work, and bidders had the option of bidding each contract individually or all contracts together as a single contract, for a contract time of 540 calendar days; 12 bids were received from five contractors for the various project alternatives; the lowest bid was submitted by Casper Colosimo & Son, Inc. for Contracts C and D, and Mendon Pipeline, Inc., for Contract E; Mendon Pipeline, Inc., has requested that it be allowed to withdraw its bid due to an unintentional omission of work in the bid document which has been 286 confirmed by documents submitted by Daniels Law Firm P.L.L.C., legal counsel to Mendon Pipeline, Inc.; and Casper Colosimo & Son, Inc., submitted the next lowest bid, in the amount of $12,931,078.00, for combined Contracts C, D, and E. It was noted that the City of Salem and Roanoke County share the cost of the project with the City of Roanoke and both have reviewed the project and bids and agree that the project should be constructed; the proposed construction will require the relocation of approximately 33 mobile homes located in the Hannah Court Trailer Park; and the estimated cost of relocation, including cost of easements, construction of replacement trailer pads and utilities, and relocation expenses, ia $400,000.00, which is broken down as follows: Construction Contract Contingency Mobile Home Relocation Railroad Flagging & Construction Total $12,931,078.00 646,654.00 400,000.00 Project cost is apportioned between the participating jurisdictions as follows: City of Roanoke City of Salem Roanoke County 36.7% 33.7% 29.6% $ 5,157,316.00 4,735,737.00 4,159,579.00 Additional funding, in excess of the $15.7 million in bonds already committed to other projects is necessary; and funds are available for appropriation in Sewage Fund Retained Earnings. The Bid Committee recommended that Council approve the following actions: Grant the request of Mendon Pipeline, Inc., to withdraw its bid; Authorize the City Manager to execute a unit price contract for combined Contracts C, D and E, in a form approved by the City Attorney, with Casper Colosimo & Son, Inc., in the amount of $12,931,078.00, with 540 calendar days for completion of the work, and a project 287 ACTION: contingency of $646,554.00, $400,000.00 for mobile home rslocaflona, and .$75,000.00 for charges by Norfolk Southern Corporation for flagman aervices; Appropriate $5,157,316.00 from Sewage Treatment Fund Retained Earnings to an account to be established by the Director of Finance entitled, "Roanoke River Interceptor Contracts C, D, and E."; and appropriate $8,895,316.00 to the aame account from funds to be provided by other jurisdictions 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, aee reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (ft33755-031698) AN ORDINANCE fo amend and reordain certain sections of the 1997-98 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 410.) Mr. Parrott moved the adoption of Ordinance No. 337554)31698. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None 0. Mr. Parrott offered the following emergency ordinance: (f/33756-031698) AN ORDINANCE allowing the withdrawal ora bid by Mendon Pipeline, Inc.; accepting the bid of Casper Colosimo & Son, Inc., for combined Contracts C, D and E of the Roanoke River Interceptor Sewer Replacement Project, upon certain terms and 288 ACTION: conditions, and awarding a contract thereof; 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. 60, page 412.) Mr. Parrott moved the adoption of Ordinance No. 33756-031698. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None 0. SEWERS AND STORM DRAINS-EASEMENTS-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to authorization for abandonment of a certain unused public easement for water and sewer located across property on Speedwell Avenue, N. W., identified as Official Tax No. 2270808. A staff report advised that Ordinance No. 12878, adopted by Council on October 29, 1956, vacated an undeveloped portion of Speedwell Avenue, N. W., approximately 175 feet in length, thereby creating a new lot identified as Official Tax No. 2270808; the current owner of the property has located a buyer for the lot who desires to construct a residence on the lot, however, the unused easement reserved by Ute City precludes the construction of a house on the lot; the current owner was not aware of the easement until it was discovered by the buyer's attorney prior to closing the real estate transaction; and both the buyer and the current owner, who has purchased another home, are anxious to complete the sale as quickly as possible. It was further advised that the property owner has requested that the City abandon the easement reserved by Ordinance No. 12878, Official Tax No. 2270808, which has never been utilized. 289 ACTION: The Water Rssourcee Committee recommended that Council authorize abandonment of the public easement across property identified as Official Tax No. 2270808, in a form approved by the City Attorney. (For full text, see reports on file in the City Clerk'a Office.) Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#33757) AN ORDINANCE authorizing the abandonment of a certain unuaed public easement for water and sewer located across property identified by Official Tax No. 2270808, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 415.) The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None 0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREET LIGHTS-SIDEWALKJCURB AND GUTTER-BUDGET- FDETC-FIRST UNION NATIONAL BANK: Ordinance No. 33733, appropriating $85,739.00 received from First Union National Bank to be used for streetecape improvements, having previously been before the Council for its first reading on Monday, March 2, 1998, 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: (~33733-031698) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations. 290 ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 388.) Mr. Trout moved the adoption of Ordinance No. 33733-031698. The motion wes seconded by Mr. Parrott and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris and Parrott ...... NAYS: Mayor Bowers Y.M.C.A.-JEFFERSON CENTER-LEASES-SCHOOLS: Ordinance No. 33738, authorizing the renewal of a lease agreement between the City, the School Board, and the Young Men's Christian Association for use of the Jefferson High School Gymnasium upon certain terms and conditions, as more fully set out in a report of the Water Resources Committee under date of March 2, 1998, having previously been before the Council for its first reading on Monday, March 2, 1998, 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: (#33738-031698) AN ORDINANCE authorizing the renewal of a lease agreement between the City, the School Board of the City of Roanoke, and the Young Men's Christian Association of Roanoke, Virginia, for use of the Jefferson High School gymnasium, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 389.) Mr. Trout moved the adoption of Ordinance No. 33738-031698. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers .. .. 7. NAYS: None CITY COUNCIL-YOUTH: Mr. Trout offered the following resolution changing the time and place of commencement of the regular meeting of City Council scheduled to be heid at 12:15 p.m., on Monday, April 6, 291 ACTION: 1998, to 12:00 noon on Monday, April 6, 1998, in the Roanoke Ballroom at the Hotel Roanoke & Conference Center, tt0 Shenandoah Avenue, N. W., with the 2:00 p.m. session to be held on the same date in the City Council Chamber, 2t5 Church Avenue, S. W.. (#33758.031698) A RESOLUTION changing the time and place of commencement of the regular meeting of City Council scheduled ~o be held at t2:15 p.m., on Monday, April 6, 1998. (For full text of Resolution, see Resolution Book No. 60, page 413.) Mr. Trout moved the adoption of Rssolution No. 33758-031698. The motion wss seconded by Mr. Swain and adopted by the following vote: AYES: Council Membere Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowere --7. NAYS: None 0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: BUDGET: With regard to the fiscal year 1998-99 budget process, Council Member Swain spoke in support of disseminating information to the citizens of Roanoke regarding the inflation rate, salary and fringe benefits improvements for City employees, equipment replacement, improvements to and updating of certain aspects of the City's infrastructure, sustaining and expandin.g quality of life facilities/programs such as libraries, recreation centers, etc; and Council Member White requested that citizens be advised that the delivery of City services is driven by the tax base. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 3:10 p.m., the Mayor declared the meeting in recess. At 3:25 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in a~tendance. 292 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: (t) only public busihess 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. Harris and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers. 7. NAYS: None --0. OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor advised that there is a vacancy on the Special Events Committee created by the resignation of Barbara D. Be**thel, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Wands English. There being no further nominations, Wands English was appointed as a member of the Special Events Committee, for a term ending June 30, 1998, by the following vote: ACTION: FOR MS. ENGLISH: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. OATHS OF OFFICE-COMMITTEES-FLOOD REDUCTION/CONTROL: The Mayor advised that there is a vacancy on the Flood Plain Committee created by the resignation of Samuel J. Krisch, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of E. L. Noell. Them being no further nominations, E. L. Noell was appointed as a member of the Flood Plain Committee, for a term ending June 30, 1998, by the follow~ng vote: ACTION: FOR MR. NOELL: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers . 7. 293 OATHS OF OFFICE-COMMITTEES-AIRPORT: The Mayor advised that the term of office of Claude N. Smith as a member of the Roanoke Regional Airport Commission expired on March 9, 1998, and called for nominations to fill the vacancy. Mr. Trout placed in nomination the name of Claude N. Smith. There being no further nominations, Claude N. Smith was reappointed as a member of the Roanoke Regional Airport Commission, for a term ending March 9, 2002, by the following vote: ACTION: FOR MR. SMITH: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ......... 7. OATHS OF OFFICE-COMMITTEES-CONSULTANTS REPORTS- WATER RESOURCES: The Mayor advieed that the Members of Council were in agreement with the appointment of the following persona to the Ad Hoc Citizens Advisory Committee - Carvins Cove Resewoir: Elizabeth T. Bowies, lan Webb, M. Rupert Cutler, James K. Cowan, Jr., William H. Lamson, Wesley Best, and Chauncey L. Logan. The Mayor further advised that it was the consensus of Council that Mrs. Bowies will serve as Chair of the Committee. At 3:35 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Monday, March 16, 1998, 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, Mayor Bowers presiding. PRESENT: Council Members Carroll E. Swain, James O. Trout, W';lliam White, Sr., Linda F. Wyatt, C. Nelson Harris, John H. Parrott and Mayor David A. Bowers 7. ABSENT: None 294 ACTION: OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Virginia Skyline Girl Scout Council Association No. 5. SCHOOLS: The Mayor advised that on July 1, 1998, there will be two vacancies on the Roanoke City School Board for terms of three years each, ending June 30, 2001. He stated that pursuant to Chapter 9, ~;dUFa]UgD, Article II, Procedure for Election of School Trustees, Section 9-19, Preliminarv Screenin_, of Candidates. of the Code of the City of Roanoke (1979), as amended, on or before March 31, Council, as a Committee of the Whole, shall, at a regular or special meeting, review and consider all candidates for the position of school trustee; whereupon, the matter was before the body. The Mayor further advised that as of 5:00 p.m., on March 10, 1998, which was the deadline for receipt of applications, the following persons had applied for the two vacancies: David W. Davis Harry F. Davis Daniel G. Oakey Melinda J. Payne Ruth C. Willson (See applications on file in the City Clerk's Office.) Mr. White moved that the applications be received and filed. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None ..... O. 295 ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised · public hearing for Monday, March 16, 1998, at 7:00 p.m., or as soon thereafter es the matter may be heard, on the request of Southem Lane Group, LLC, that ten tracts of land located on Southern Lane, Southern Hills Drive and Griffin Road, S. W., identified as Official Tax Nos. 5470108-5470115, inclusive, 5480701 and 5480704, 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 ~ on Thursday, February 26, 1998, and Thursday, March 5, 1998, and in The Roanoke Tribune on Thursday, March 5, 1998. ACTION: (See publisher's affidavits on file in the City Clerk's Office.) Mr. Trout moved that the following ordinance be placed upon its first reading: (~33759) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (t979), es amended, and Sheet Nos. 547 and 548, 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. 60, page 415.) The motion was seconded by Mr. Parrott. A report of the City Planning Commission recommending that Council approve the request for rezoning, was before the body. (For full text, see report on file in the City Clerk's Office.) John R. Marllss, Chief, Community Planning, advised that the City Planning Commission has recommended that Council approve the request for rezoning; however, it should be noted that when considering a rezoning request, Planning staff and the City Planning Commission study a number of specific items which include reviewing 296 the existing zoning pattern in the area, examining the existing land use of the site a.n..d, sur.roundin.g area land use, insuring that there ! sufficient util,ties e~ther ex,sting or proposed'to accommodate ~h~ ' proposed rezoning and determines if the proposed rezoning is in conformity with the Comprehensive Plan. He stated that after considering all of the above information, it was the opinion of the Planning staff and the Planning Commission that extending the C-2 zoning boundary which currently runs along Southern Hills Lane to Griffin Road down to Route 220 is a logical extension of the C-2 District. He advised that since the rezoning was first heard by Council at its meeting on December 18, 1997, City Planning staff has met with representatives from the Southern Hills Improvement Association on several occasions to answer questions and to bring citizens up to date on the status of neighborhood issues which have surfaced as a result of the process. Mr. Marlles stated that it is important for Council to separate the neighborhood issues from those issues that are related to the rezoning, and over the past two weeks City staff has met with representatives of the neighborhood group to discuss what is believed to be an innovative proposal to dedicate future tax revenues generated from the proposed new commercial development to the area for neighborhood infrastructure ,mprovementa. He explained that as currently structured, the proposal would dedicate $800,000.00 for new public improvements within the neighborhood, and the total amount of funds would be made available for infrastructure improvements following the issuance of certificates of occupancy for more than 40 per cent of the approved building sites. He further explained that instead of the City advising residents as to what improvements will be made with the $800,000.00, residents would be able to help identify and prioritize the public improvements as part of a neighborhood planning process which has been included in the proposal to the neighborhood association. He stated that it is estimated that City Planning staff could begin preparation of the neighborhood plan within six months. With regard to the protection of the neighborhood, the City Attorney was requested to advise as to the legal parameters within which the City may operate; whereupon, the City Attorney advised that there are essentially two protections that any landowner has within the City in regard to the use of his or her property; i.e.: the zoning of the property and the Comprehensive Plan. He explained that when the Comprehensive Plan is strong in respect to the intended uses of a 297 particular area, the Comprehensive Plan guides the zoning. He concurred in the statement of Mr. Marllss ,n regard to the neighborhood planning proces~ and development of a strong comprehensive plan for the area. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. Mary Ellen F. Goodlatte, Attorney, representing the petitioner, presented a site plan proposed by the developer and proffered conditions as a part of the rezoning. She explained that the site plan would create seven commercial sites, three along Franklin Road, four fronting on redesigned Southem Hills Drive and Southern Hills Lane, and a new entrance to Franklin Road with a traffic signal that would also serve the new Lowes development. She advised that new Southern Hills Drive would line up with existing Southern Hills and intersect with Griffin Road, and the development doss not extend beyond Griffin Road. She stated that traffic to be generated by the development will be oriented toward Franklin Road, therefore, signalization is important to this commercial development, but it is also important to the residents who live in the Southern Hills neighborhood. She added that in dealing with concerns of residents with regard to Griffin Road serving as a line of demarcation, the developer has done everything it can within the rezoning request via proffers to strengthen the line of demarcation. She stated that when meeting with the residents of the area, not only did they discuss the proposed project, but there were many other issues that surfaced which are important to the neighborhood such as road issues, drainage issues, parks and betterment issues, and the neighborhood proper above Griffin Road. She noted that two things appear to be happening: (1) a land use decision over the 12 acres of land and, (2) the general concerns expressed by the neighborhood and the City Manager has appointed a team of persons to address neighborhood issues with involvement by the neighborhood which will be a long term process. This evening, she requested that Council focus its attention on the rezoning of the 12 acres which consists of seven houses, three are abandoned and vacant, three are owner occupied, and one has been ranted, and the main part of the neighborhood begins where these properties end at Griffin Road. She stated that this residential neighborhood is on the edge of a commercial corridor, Griffin Road, other neighborhoods face similar kinds of pressure; the City of Roanoke welcomes residential, commercial and industrial development; where different uses meet, the 298 transition should be as smooth as possible by listening to the neighbors; by working with City Planning staff, the developer has imposed numerous proffers on the project to provide a good buffer for the residential neighborhood; and to be a good commercial neighbor, the developer has included use restrictions, sidewalks, screening, and neighborhood signage. She explained that the proposed project will not solve the problems of the neighborhood, but it will be a step in the right direction as the dialogue between the neighborhood and the City unfolds. She stated that the realignment of Southern Hills Drive and the installation of a traffic signal at the intersection of Franklin Road provides the residents with a safe and dependable entrance and exit onto Franklin Road, and requested that Council approve the conditional rezoning requesL Mr. E. Wayne Gravely, 2202 Sherman Drive, N. W., property owner in the Southern Hills area, advised that the developer plans to improve the neighborhood and he did not understand why there is opposition by some property owners. He spoke in support of the proposed rezoning. Mr. Lincoln D. Barrett, 4268 Joplin Road, S. W., President, Southern Hills Neighborhood Association, advised that the $800,000.00 previously discussed has some components that are not in line with what the neighborhood is trying to achieve; and although the $800,000.00 would help to improve the neighborhood, funds in the range of $5 million ars needed to achieve the goals of Southern Hills residents. He stated that inasmuch as it has been only two weeks since the City's proposal was presented to the neighborhood, he would request that Council table the matter to provide more time to meet with City officials to address the needs of Southern Hills in a more direct way. He further requested that the City's proposal be clarified and placed in wrifing before Council acts on the rezonings of the property. Ms. Janice W. Vineyard, 4024 Griffin Road, S. W., expressed opposition to the development for commercial use. She stated that Southern Hills residents ara hard working, taxpaying, voting citizens who believe that the City should not place the responsibility of making improvements to the neighborhood on a commercial developer whose interests do not extend beyond the proposed commercial property. She requested that Council continue the public hearing to enable further discussion by neighborhood representatives. 299 Martin D. Jeffrey, President, Local Branch, N.A.A.C.P., advised that Southern Hills residents have not been privy to the kind of collective discussions that need to take place which involve the City, the developer and the residents. He stated that there are too many questions that remain unanswered in regard to how to deal with the neighborhood beyond the rezoning. He advised that the i~suee are clear and fundamental, it is clear that there have been decades of neglect of this neighborhood, there is a history of proportionate encroachment in this predominantly African-American neighborhood in the name of economic development, and the possibility of a pass through by 1-73 through 1-581 and the Routs 220 corridor has caused many parsons to jockey for positions of profit because the potential of 1~73 development will increase the value of the land. He added that it is clear that the age-old economic strategy of designing for the expected path of least resistance is alive and well in Roanoke and it is the right of Southern Hills residents to participate fully in the discussions that will determine the fats of their neighborhood, while enjoying the aame rights that other neighborhoods enjoy. He stated that it is a question of whether Iow income minority neighborhoods should bear, disproportionately, the burden of cost of the City's economic exchange project. He advised that the neighborhood needs to be brought to the table with City representatives for a full discussion, and requested that Council defer action on the request for rezoning until all unanswered questions have been addressed. Mr. William D. Bestpitch, 381 Washington Avenue, S. W., advised that the debate is focused primarily on whether or not this development is good for the Southern Hills neighborhood, and asked that Council consider whether the project is good for the City of Roanoke as a whole. He suggested that the rezoning request is not in Roanoke's best interest because it further reduces the already limited amount of land available for future residential development and because the request fails to support the need to redevelop existing commercial property elsewhere in the City. He stated that with a moratorium on annexation, a long term perspective requires City officials to guard those areas that could be used for future homes and neighborhoods. He referred to the Williamson Road community which needs commercial redevelopment at the present time, and advised that the Williamson Road Area Business Association has developad a comprehensive long range plan for the revitalization and redevelopment of the Roanoke Valley's commeYcial main street, and this project could be directed to Williamson Road to show support for 300 those businesses and property owners. He noted that some people have suggested that denying the request for rezoning would cost the City millions of dollars in future tax revenues and that fair is realistic only if it is assumed that there are no other appropriate locations. He stated that a vote in favor of the request will send the message to the Williamson Road community and to other commercial areas that City Council cannot be relied upon to support redevelopment efforts as long as it is cheaper and easier to continue rezoning residential property, thereby leaving existing commercial properties to further deteriorate. He urged that Council vote for the long term interests of the City and deny the request for rezoning. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., requested that Council defer action on the request, because it appears that Roanoke City is delaying and neglecting black neighborhoods until it wants to use those neighborhoods for commercial development. She advised that the perception is that the black neighborhoods suffer from harassment from the City in that they do not receive the necessary infrastructure improvements until a decision is made for commercial development. She asked why infrastructure improvements should be linked to any percentage of occupancy; and if infrastructure improvements are linked to occupancy, will improvements start only after the level of occupancy has bccn reached, and if the level of occupancy is reached on a specific date but later decreases, will infrastructure improvements be discontinued. She stated that the City seems to be interested in protecting the residential neighborhood beyond Griffin Road, but considering the statement of Mr. Mariles that it will take six months to begin work on the neighborhood plan, what type of protection will be afforded to residents before the City starts work on the comprehensive plan, and what happens if a comprehensive plan is approved by the neighborhood, but following public hearing comments, the comprehensive plan is defeated. She cautioned Southern Hills residents to insist upon a written agreement and to insure that the agreement is legal and enforceable. She suggested that the rezoning be continued until all questions have been addressed. Mr. Kevin S. Brown, 4030 Southem Lane, S. W., spoke in support of improving the neighborhood beyond Griffin Road. He called attention to drainage problems, vehicles exceeding the posted speed limit on Southem Lane, and the need for another entrance to Routs 220. He statsd that the entire neighborhood needs improvement, the proposed rezoning will provide a good start, and spoke in support of the proposed commercial development Mr. Arthur Beckner, Jr., 2138 Southall Place, S. W., advised that if residents wish to sell their property they should be allowed to do so, and spoke in support of the proposed commercial development The City Manager was requested to address the procedure used by City staff in arriving at the $800,000.00 figure for infrastructure improvements; whereupon, the City Manager advised that as a result of discussions by Council at the first public hearing which was held on December t5, 1997, it was his underetanding that City staff was requsetsd to address the following issues: (1) open storm drainage on Southern Hills Drive, (2) the possibility of developing a safe access to Routs 220 South on Franklin Road, (3) to give confidence to the abutting neighborhood that there would be a line of demarcation which would be a part of the record on any rezoning, and (4) to develop a comprehensive plan for the neighborhood. Mr. Herbert statsd that after negotiations with the developer, an offer was made, subject to approval of the rezoning by Council, that the City will provide $800,000.00 for infrastructure improvements which would benefit the public; i.e.: a roadway, storm drainage, curb and gutter, and a traffic signal at the intsrsection of the new proposed road to be aligned with the development currently taking place in Roanoke County. He advised that the $800,000.00 would be made available in a lump sum to be paid back to the City's General Fund in whatsver period of time it takes to generate the revenues from the project Quest]on was raised of Mr. Barrett as to three specific itsms that the neighborhood would like to see as a result of futura discussions on the project and a suggested time frame to continue discussions. He stated that Southern Hills residents would like a written document that there will be no further encroachment into Griffin Road, that an 302 additional $4.2 million be provided for neighborhood improvements with a specific time frame for completing improvements, and that the citizens of Southern Hills be convinced that the City cares about their neighborhood. Following further discussion, Mr. White offered an amendment to the motion that the public hearing be continued for s period of up to 90 days. The amendment was seconded by Ms. Wyatt and lost by the following vote: AYES: Council Members Harris, White and Wyatt ...... NAYS: Council Members Swain, Trout, Parrott and Mayor Bowers ~. Ordinance No. 33759 on its first reading, was adopted by the following vote: AYES: Council Members Swain, Trout, Parrott and Mayor Bowers ..... 4. NAYS: Council Members White, Wyatt and Harris .- SEWERS AND STORM DRAINS-COMMUNITY PLANNING- ROANOKE VISION, COMPREHENSIVE DEVELOPMENT PLAN-WATER RESOURCES: 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 16, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a proposed amendment to Roanoke Vision, Comprehensive Development Plan for Roanoke, Virginia, 1985 - 2005, to include the Roanoke Valley Regional Stormwatsr Management Plan, dated October, 1997, the motion was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, February 26, 1998, and Thursday, March 5, t998, and in The Roanoke Trib~n- on Thursday, March 5, 1998. (See publisher's affidavits on file in the City Clerk's Office.) 303 A report of the City Planning Commission advising that Roanoke Vision, the City's official comprehensive plan, was adopted in 1988, and recommended the preparation of regional component plans to address such problems as flood control and storm water management; the Roanoke Valley Regional Stormwatsr Management Plan was a cooperative effort between the City of Roanoke, Roanoke County, the City of Salem and the Town of Vinton acting through the Fifth Planning District Commission to study existing and future flooding problema throughout the Roanoke Valley; and the overall focus of the plan, which was funded by a 50 per cent matching grant awarded in 1994 by the Federal Emergency Management Agency (FEMA) in cooperation with the Virginia Department of Emergency Services, is to implement policies and procedures which will reduce the danger and damage caused by flooding in the Roanoke Valley, was before Council. It was further advised that the following City watersheds were included in the plan: Barnhardt Creek, Crevina Creek (main channel, weat fork}, Glade Creek, Lick Run, Mudlick Creek, Murray Run, Ore Branch, Petora Creek (main channel, tributaries A, B, and C), Tinker Creek and Trout Run; the Plan includes mapping which shows the structures and roads that are currently in the flood plain and which structures and roads will be in the flood plain following future development; the Plan also identifies specific projects which would reduce existing flooding problems including cost~, benefits and priority rankings; the structural projects identified in the Plan, which have an estimated cost of approximately $20 million, include bridge replacements, elevating roadways and regional detention basins; the City's current rating in the Community Rating System (CRS) administered by FEMA could be jeopardized if the proposed Plan is not adopted; and the Roanoke Valley Regional Stormwater Management Plan has been completed and is currently being considered by each of the participating jurisdictions. The City Planning Commission recommended that Roanoke Vision, the City's comprehensive plan, be amended to incorporate the Roanoke Valley Regional Stormwater Management Plan. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: 304 ACTION: (ft33760-031698) A RESOLUTION endorsing the Roanoke Valley Regional Stormwater .Management Plan, and amending the City's Official Comprehenmve Plan for Roanoke, an element of Roanoke Vision to include such plan. (For full text of Resolution, see Resolution Book No. 60, page 414.) Mr. Trout moved the adoption of Resolution No. 33760-031698. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers J7. NAYS: None 4). OTHER HEARING OF CITIZENS: CITY EMPLOYEES-POLICE DEPARTMENT-COMPLAINTS: Mr. Robert Gravely, 1521 Hanover Avenue, N. W., addressed Council with regard to pay increases for certain City employees, crime prevention, creation of job opportunities, and infrastructure improvements. COUNCIL: A report of the City Attorney requesting that Council convene in Executive Session to discuss a matter with regard to actual litigation pending against the City of Roanoke in a Circuit Court of the Commonwealth of Virginia, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the request of the City Attorney to convene in Executive Session to discuss a matter with regard to actual litigation pending against the City of Roanoke in a Circuit Court of the Commonwealth of Virginia, pursuant to Section 2.1- 344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Harris and adopted by the following vote: Parrott and Mayor Bowers ...... 7. NAYS: None At 9:40 p.m., the Mayor declared the meeting in recess. At 10:05 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. ACTION: COUNCIL: With respect to the Executive Session just concluded, Mr. Harris moved that each Member of City Council certify to the beat of his or her knowledge that: (t) only public buainsss matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None 0. There being no further business, the Mayor declared the meeting adjourned at 10:07 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 306 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL April 6, 1998 12:00 noon The Council of the City of Roanoke met in regular session on Monday, April 6, 1998, at t2:00 noon atthe Hotel Roanoke and Conference Center, Roanoke Ballroom, 110 Shenandoah Avenue, N. W., City of Roanoke, pursuant to Resolution No. 33758- 031698, adopted by Council on Monday, March 16, 1998, and pursuant to Rule 1, r~ of Section 2-15, ~ Code of the City of Roanoke (1979), as amended, with Mayor David A. Bowers presiding. PRESENT: Council Members James O. Trout, William White, Sr., Linda F. Wyatt, John H. Parrott, Cawoll E. Swain and Mayor David A. Bowers $. 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. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The Members of the Roanoke City Council participated in 1998 Student Government Day activities. Students from Patrick Henry High School and William Fleming High School were paired with Council Members and City Officials to gain first-hand knowledge of Roanoke City Government activities/services. They also attended the City Council meeting at 2:00 p.m., and those students assigned to the Members of Council and Council-Appointed Officers participated in the 2:00 p.m., Council session. At 1:25 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p,m., on Monday, April 6, 1998, 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. 307 PRESENT: Council Members James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris (arrived at 2:45 p.m.), John H. Parrott, Carroll E. Swain and Mayor David A. Bowers-- 7. ABSENT: None -., 0. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attomey; 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 Foursquare Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PROCLAMATIONS-YOUTH-SPECIAL EVENTS: On behalf of the Members of Council, the Mayor recognized students from Patrick Henry and William Fleming High Schools, who were participating in 1998 Student Government Day activities, and presented each participant with an Office on Youth T~hirt as a memento of the occasion. The Mayor also presented a Proclamation declaring Monday, April 6, 1998, as Student Government Day. PROCLAMATIONS-COMMUNITY PLANNING-GRANTS: The Mayor presented a Proclamation designating April 6 - t2, 1998, as Community Development Week. (For full text, see proclamation on file in the City Clerk's Office.) CONSENTAGENOA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to one request for an Executive Session to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. 308 MINUTES: Minutes of the regular meetings of Council which were held on Monday, December 1, 1997; Monday, December 15, 1997; Monday, January 5, 1998; and Tuesday, January 20, 1998, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) 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. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers 6. NAYS: None 0. (Council Member Harris had not entered the meeting.) 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)(t), 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 the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers NAYS: None (Council Member Harris had not entered the meeting.) 309 ACTION: ACTION: COMMITTEES-ROANOKE CiViC CENTER: A communication from M. R. Khan tendering his resignation as a member of the Roanoke Civic Center Commission, effective immediately, wes before Council. (For full text, sss 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. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers 6. NAYS: None (Council Member Harris had not entered the meeting.) COMMITTEES-YOUTH-OATHS OF OFFICE: A report of qualification of Gwendolyn J. Lawrence as a member of the Youth Services Citizen Board for a term ending May 31, 2000, was before Council. (See Oath or Affrmation 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. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers (~. NAYS: None Ow (Council Member Harris had not entered the meeting.) REGULAR AGENDA SCHOOLS: On June 30, 1998, the three year terms of office of Melinda J. Payne and Harry F. Davis as Trustees of the Roanoke City School Board will expire. 310 Certain actions are required by Council pursuant to Chapter 9, Education, of the Code of the City of Roanoke, 1979, as amended, to fill the vacancies. II Pursuant to Section 9-20, Selection of candidates for public interview, Code of the City of Roanoke, 1979, as amended, on or before April 20 of each year, Council shall, by public vote, select from the field of candidates those candidates to be accorded the public interview for School Board Trustee, and all other candidates shall be eliminated from the school tmstes selection process, The number of candidates to be granted the interview shall not exceed three times the number of positions available on the School Board, should there be so many candidates. Mr. White moved that David W. Davis, Harry F. Davis, Daniel G. Oakey, Melinda J. Payne and Ruth C. Willson be accorded the public interview for the position of Roanoke City School Board Trustee on Thursday, April 23, t999, at 6:00 p.m., in the City Council Chamber. The motion was seconded by Mr. Swain and adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: BUDGET-PENSIONS: Charles E. Wells, Jr., Employee, Roanoke City Fire-EMS Depe,;,,ent, read a prepared statement advising that due to the excellent financial status of the City's retirement system, Council has an opportunity to improve the retirement system for all City employees. He stated that in March 1996, it was recorded that the approximate value of the system was $170 million, the system grew by 62 per cent to an approximate value of $274.2 million by December 31, 1997, and while the system which was established to provide benefits to retirees has grown 62 per cent, improvements have been minimal during this time period. He advised that the retirement system can financially afford increased benefits for employees, therefore, he proposed the following changes: Increase the multiplier by three per cent for a maximum of 69 per cent, A monthly supplement for health insurance as recommended by the Pension Board, Unreduced 50 per cent survivor annuity for all City employees, 311 Rule of 70180 ss recommended by the Pension Board, and A period of time of two months be available for members of the ERS to transfer to the ESRS (June 15 - August 15). Mr. Swain moved that the request be referred to 1998-99 budget study for discussion by Council. The motion was seconded by Mr. Trout and adopted. SCHOOLS: Rita D. Bishop, Assistant Superintendent for Instruction and Learning Organizations, Roanoke City Public Schools, presented an overview of the Schools' Arts Program. She advised that the arts provide a pathway for students to develop their aesthetic, perceptual and creative talents, the arts enrich and foster success in all areas of life, and all children in Roanoke City Schools must have the opportunity to participate in music, dance, theater and visual arts. She pointed out that benefits of arts education are: Develops verbal and non-verbal forms of expression, Enhances alternative learning styles, Stimulates creative thinking, critical analysis and self-discipline, Cultivates multi-cultural appreciation, and Promotes creative applications of technology. Ms. Bishop presented statistics with regard to participation in arts classes at the elementary, middle, and high school levels; growth in the arts programs; and reviewed offerings at the elementary school level, viz: Vocal music and Visual Arts Additional offerin_es at Ma_nnet Jazz, Tap, Ballet, Strings, Band, Piano, Theater arts 312 A Suzuki Program is offered at Westside Magnet School, which is Modified Suzuke and serves all Westside K-3 students. Ma. Bishop advised that middle school offerings include: II Strings, Band, Vocal Music, Theater Arts, and Visual Arts Additional OffeHn0s at Me;net Schools include: Dance, Piano, Photography, TV production and Graphic Design Hi;h School Offerin;s: Visual Arts, Music, Theater Arts Additional OffeHnes at Ma;net Schools include: Visual Arts, Dance and Music Additional Instructional ODDortuniti~_=: Programs for students with the Aris Museum of Western Virginia, Mill Mountain Theatre, .Roanoke Ballet Theater., Artist-In- Education Programs, Hamson Museum, Arts Counc,I of the Blue Ridge and Roanoke Symphony Orchestra Ma;net Collaborations also incl~Id~ Master Dance Classes and Master Theater Arts Classes. The following students from Westside Elementary Magnet School for Visual and Performing Arts presented violin selections: Lori Anderson, Stephan Anderson, Julia Hill, Vernell Pullins, T. J. Thornhill and Abbe Toler, Instructor. The Mayor welcomed the students and expressed appreciation for their performance. He presented each student with a City of Roanoke logo pin and a "Star" pencil. Without objec~on by Council, the Mayor advised that the briefing would be received and filed. Council Member Harris entered the meeting. 313 COMPLAINTS-FLOOD REDUCTION/CONTROL: Mr. M.a. rk .S. I Reynolde, 255.5 BeveHy Boulevard, S. W., add. rsssed Coun. cll regard to flooding along Mud Lick Creek. He advmed that hav,ng hved in the area for over tan years, he has observed that the flooding situation has worsened year by year as a result of development in Roanoke County. He statad that property owners are experiencing increased property erosion and creek embankment problems along the bridge bordering the properties. He advised that at a recent meeting wib~ City officials, he was informed that his home is included on a list of 210 houses to be purchased due to flooding estimated to occur over the next 20 years. He stated that some homeowners are of the opinion that they cannot sell their homes at a fair market price, and because they do not know how to proceed, they are appealing to Council for assistance. Mr. Trout moved that the matter be referred to the City Manager for investigation and report to Council. The motion was seconded by Mr. Swain and adopted. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: GRANTS-POLICE DEPARTMENT: Police Chief A. L. Gaskins presentad a briefing on the City's Bicycle Patrol Program. He advised that as a result of a Federal grant which was provided to the Police Department and with the approval of Council to provide matching funds, the Police Department has a grant totaling $141,t11.00 to be used to expand the Bicycle Patrol Program. He stated that there are 36 officers in training at this time in an effort to place more manhoure on the street, and 11 areas of the City have been identified for more patrols as a result of recommendations submitted by an advisory group of citizens and police officers. He stated that bicycles will make police officers more accessible to the citizens of the community, bicycles are more approachable and enhance police relations, and bicycles afford 314 the. City the opportunity to provide better policing in certain ne,ghborhoode. He stated that during the first year, there will be approximately 80 - 100 menhours on the street, and about 200 manhours during the second year. Without objection by Council, the Mayor advised that the briefing would be received and filed. CITY COUNCIL-VISION STATEMENT: Barry L. Key, Manager, Office of Management and Budget, advised that at Council's Financial Planning Work Session on February 28, 1998, several Members of Council requested a report on the status of Council's Visioning process; and in response to the request, City staff prepared a booklet entitled, "Roanoke City Vision Progress Report- March t998". Mr. Key explained that City staff has focused its efforts on the following three of the six tasks assigned by Council in August 1997 to advance the visioning process: Continue to condense and refine the visioning date and identify priority issues, Complete the work (new initiative) already started on priority issues, and Continue to integrate the visioning initiative within the business structure of City government. Mr. Key advised that the booklet documents the results of the first two tasks, presenting for the first time draft "strategic issue" statements within each of the four vision categories, and strategic initiatives already underway that will help to realize the City's vision. (For full text, see "Roanoke City Vision Progress Report - March 1998" on file in the City Clerk's Office.) The City Manager recommended the draft strategic issues statements for consideration and adoption by Council so that they may be merged with Council's Vision Statement to become the official "guide to the future" for City government and the community; and once the issues are adopted by Council, the City Manager will assign City staff as "strategic issue champions", with specific responsibility for 315 working with all stakeholders to develop and implement new strategies I for addrses!n.g the perti.cular challenges of each issue. Mr. Herbert stated that tt ts also his intantion, at the close of each fiscal year, to publish an annual performance report that will idenfi~y progress made, as follows: Engage citizens and the Leadership Team in developing measurable goals and objectives for the issues, Develop outcome benchmarks for the issues in order to measure results, and Communicate progress through an annual performance report. Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: BUDGET-CAPITAL IMPROVEMENTS PROGRAM-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified various project needs based on a report submitted to Council on October 27, t997; and the Capital Improvement Program (CIP), approved by Council on July 21, 1997, has also identified various project needs. It was further advised that Council is rsquestod to appropriate funds for the following projects: CMERP Fund A_~proorie~on Project Commonwealth Building Commonwealth Building Main Library Market Building Municipal South Municipal South Pu _roose Replace Windows Paint Trim Replace caulking Renovations Remodal Public Areas One Stop Service - Bldg. Inspec. Planning Amount 85,000.00 40,000.00 65,000.00 125,000.00 75,000.00 25,000.00 316 ' Parking Garage Church Avenue and Market Square Grounds Rehabilitation $ 177,500.00 I Install 2 above ground tanks 40,000.00 Total $ 632,500.00 Proiect Civic Center Caoital Proiect Funds ADDrODriatio~.= Reroofing A/E $ 75,000.00 Gainsboro Library Proposed Police Building RCIT Development 1404 Bamhart Drive 3519 Windsor Road Services Alterations & Addition A/E Services A/E Services Storm Drain Storm drain to 75,000.00 75,000.00 75,000.00 38,000.00 rapl. ace well system 53,000.00 Belle Aire Circle Dram sump . 45,000.00 Blue Ridge Park for Channel Dredging 50,600.00 Industry Community Rating System Hooker Furniture Misc. Minor Drainage Projects Storm Water Model Maintenance Improvements to Church Avenue between Market Street and Williamson Road Annual Program to Maintain class 9 rating Flap Gate Misc. Small drainage projects City-wide Keep model current 10,000.00 13,800.00 14,600.00 25,000.00 Streetscape - 73,000.00 Total $ 623,000.00 317 ACTION: The City Manager recommended that Council appropriate $632,500.00 from current year General Fund Capital Maintenance and Equipment Replacement Program to project accounts as designated by the Director of Finance; and appropriate $623,000.00 from 1997 Bond proceeds as designated by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (~33761-040698) AN ORDINANCE to amend and reordain certain sections of the t997-98 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 417.) Mr. Trout moved the adoption of Ordinance No. 33761-040698. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hat, is, Par~ott, Swain and Mayor Bowers .. 7. NAYS: None .... 0. BUDGET-PARKS AND RECREATION: The City Manager submitted a written report advising that the Comprehensive Parks and Recreation Plan is a key element in meeting the recreational needs for residents of and guests to the community; in order for the Plan to be successful, it must be a citizen-driven guide that will be used not only to assess the existing park system, but also to determine what recreational facilities and programs are needed, where they should be located, and when they should be provided; and thus, the purpose of the document is to map out a plan of action for addressing City-wide recreational needs over an established period of time. It was also advised that the 1981 Plan served the City well; however, many new issues have recently emerged which were not included in the previous plan, such as the future use of Victory Stadium and the impending development of greenways; consideration must be given to the changing demographics of the area, along with increasing emphasis on maximizing the local recreational resources for the 318 citizens and visitors of Roanoke; the City's Comprehensive Development Plan, "Roanoke Vision" and the "Vision" update recommended that the Parks Plan be updated in order to better evaluate and identify priority projects; and Victory Stadium will be an important element of the City-wide plan. It was further advised that the Citizens Advisory Committee will be appointed by the City Manager and shall include leaders from the neighborhoods, recreation clubs and schools; representatives from the senior and handicapped population; greenway proponents and professionals from the fields of planning, architecture or engineering; the Project Team will be composed of Citizens Advisory Committee Member(s), Parks and Recreation Department staff and representatives from the public schools, Fifth Planning District Commission, Engineering and Planning Departments, and the Office of Management and Budget; and specialized services, totaling $62,000.00 which would include .$.28,000.00 for a temporary employee to assist in .the coordination of the master plan process and $34,000.00 for contracting with a firm to work with the project team on four specific and critical tasks, will be utilized to assist in tasks requiring temporary technical assistance and unique specific skills. It was explained that the tasks needed to generate the Comprehensive Parks and Recreation Master Plan for the City of Roanoke include: compile, review and interpret the demographic trends of the City of Roanoke; analyze and inventory in both text and map the existing public, quasi-public, private and school-based park and recreation facilities in Roanoke; coordinate a City-wide needs assessment to determine current and projected demands for park and recreation facilities and programs; analyze and explain the present and future needs for recreation programming and facilities; present the final draft report to the Citizens' Advisory Committee for further review and input; and prepare the Comprehensive Parks and Recreation Master Plan in final form and present the Plan to the Roanoke City Planning Commission and Roanoke City Council for review, approval and adoption. !! The City Manager recommended that Council concur in the proposed plan of action for preparation of the Roanok. e City Comprehens,ve Parks and Recreation Master Plan and authorize the 319 ACTION: transfer of $62,000.00 from 1997 Bond Proceeds for Parks to a new capital projects fund account to be established by the Director of Finance for securing specialized services to assist in completing unique tasks of the master plan. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33762-040698) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 420.) Mr. Trout moved the adoption of Ordinance No. 33762-040698. 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. Vice-Mayor Wyatt suggested that the City look at a new way of doing business in the Parks and Recreation Deparb.ent, and requested that the City Manager review programs sponsored by the Parks and Recreation DepafL,,,ent that provide before and after school activities in neighborhood schools, as well as those activities sponsored by the Roanoke Redevelopment and Housing Authority in public housing developments. BUDGET-SNOW REMOVAL-EQUIPMENT: The City Manager submitted a written report advising that snow storms occurred in the Roanoke Valley on December 27 - 29, 1997, January 14, and 27, t998 and February 3, 1998, depositing nearly 13 inches of snow at the Roanoke Regional Airport; and the 1997-98 budget included $96,449.00 for snow removal from City streets and righte-of-way, overtime salaries, supplies, and chemicals; and operating accounts in various departments are used for regular salary and equipment costs. 320 ACTION: It was further advised that approximately 4,037 hours of regular time and 2,273 hours of overtime were ex.pended, plowing and I spreading chemicals on streets, and keeping eqmpment m service, etc., .. at a salary cost to date of approximately $83,751.00; City equipment was operatsd for 4,900 hours, and the cost of fuel, parts, and supplies, to date, is in excess of $6,888.00; t,400 tons of rock salt, which is valued at approximately $67,200.00, was spread on streets and bridges and total cost to the City for snow removal efforts during this season is approximately $t 57,839.00. The City Manager recommended that Council authorize the transfer of $62,918.00 from the General Fund Contingency Account No. 00t-002-94t0-2199 to the following accounts: Expendable Equipment Chemicals 001-052-4140.2035 001-052-4140-2045 $ 7,000.00 55.918.00 $62,9t8.00 (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33763-040698) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 421.) Mr. Trout moved the adoption of Ordinance No. 33763-040698. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, I/Vhite, Wyatt, Harris, Parrott, Swain and Mayor Bowers 7. NAYS: None 0. CMERP-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need for replacement of a van for Social Services and two fiat bed trucks for Parks and Grounds Maintenance; the Employment Services Program is in need of three 321 additional mini vans to serve its program, and Water Pollution Control needs to replace one 4-wheel drive pickup truck; and the three mini vans for Social Services will be 100 per cent reimbursed by the Commonwealth of Virginia. The City Manager recommended that Council authorize the purchase of vehicular equipment, as follows, and reject all other bids received by the City: 4 new mini vans and 1% ton 4-wheel drive pickup truck from Magic City Motor Corporation, for a total cost of $96,639.00; 2 new fiat bed truck cab/chassis from Highway Motors, Inc., for a total cost of $99,361.52; 2 new fiat bed bodies and powerlift tailgates to be mounted on above cab/chassis from Truck Body Corporation, for a total cost of $9,052.00; and 2 new snow plow mechanisms and assemblies from i General Truck Body Company, for a total cost of $9,644.00. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution; (~t33764-040698) A RESOLUTION accepting bids made to the City for furnishing and delivering vehicles, upon certain terms and conditions; and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 60, page 422.) ACTION: Mr. Trout moved the adoption of Resolution No. 33764-040698. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, INhite, Wyatt, Harris, Parrott and Swain 6. NAYS: None 0. 322 (Mayor Bowers abstained from voting). BUDGET-FDETC: The City Manager submitted a written report advising that the F;;'~;, District Employment and Training Consortium (FDETC), which serves eligible residents in the counties of Alleghany, Botetourt, Craig and Roanoke and the cities of Clifton Forge, Covington, Roanoke and Salem, administers the Federally funded Job Training Partnership Act (JTPA) for the Fifth Planning District; the FDETC serves two pflmary client populations: dislocated workers who have been laid off from employment through no fault of their own and the economically disadvantaged as determined*by income guidelines established by the United States Depef~,,,ent of Labor; and the City of Roanoke is the grant recipient for FDETC 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 Deperb,,ent (GETD) has sent to the Consortium Notices of Award for programs which include on-the-job training, work experience, occupational skills training, classroom training, job placement activities, and remedial education in the following amounts: Title II-B, Summer Youth Employment Program - $99,956.00 and Title III- F, (Dislocated Workers) $49,324.00; the Virginia Employment Commission has notified the Consortium of approval of an additional allocation of $25,000.00 to operate a Governor's Regional Project for PY 97, which funds will be used to serve dislocated workers; 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 clients from the Alternative Punishment Program for the current contract period; and Family Service of Roanoke Valley has contracted to pay the FDETC a total of $19,2t9.00 for this service. The City Manager recommended that Council appropriate Fifth District Employment and Training Consortium funding totaling $193,499.00 and increase the revenue estimate by $193,499.00, 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.) 323 Mr. Trout offered the following emergency budget ordinance: (~33765-040698) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Conso~um Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 423.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33765-040698. 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. DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of i Roanoke for the month of February 1998. (For full text, see Financial Report on file in the City Clerk's Office.) ACTION: Without objection by Council, the Mayor advised that the February Financial report would be received and tiled. DIRECTOR OF FINANCE-CITY TREASURER-TAXES-LICENSES- UTILITIES: The Director of Finance and the City Treasurer submitted a joint written report with regard to allowing citizens to use credit cards for current and delinquent real estate and personal property taxes, parking tickets, utility bills, business license and City-wide accounts receivable invoices. It was advised that agreements with US Audiotex Government IVR Agreements and Pacitic Bancard Association's Government Services Agreement have been negotiated, and both agreements require the City to indemnify either US Audiotex or Pacitic Bancard Association against any claim which arises as a result of the City's actions or omissions in connection with the agreement, except in cases where the claim is the result of negligence or willful misconduct by 324 ACTION: either US Audiotsx or Pacific Bancard Association; and the agreements provide for the same indemnification from either US Audiotex or Pacific Bancard Association to benefit the City. The Director of Finance and the City Treasurer recommended that Council authorize the City Treasurer to enter into agreements with US Auditsx, Inc., to provide interactive voice response (IVR) credit card payment systems, and with Pacific Bancard Association, Inc., to provide strictly those issues concerning the settlement processing of card transaction; and both agreements will contain the mutual indemnification provisions as set fo~fl, in the report and subject to approval of the City Attorney as to form. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (ff33766-040698) A RESOLUTION authorizing the City Treasurer to enter into agreements with US Audiotex, LLC, to provide interactive voice response (IVR) credit card payment systems, and Pacific Bancard Association, Inc., to provide strictly those issues concerning the settlement processing of card transactions, for the City's collection of various taxes and City-wide accounts receivable invoices. · (For full text of Resolution, see Resolution Book No. 60, page 426.) Mr. Trout moved the adoption of Resolution No. 33766-040698. 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. REPORTS OF COMMITTEES: PURCHASE/SALE OF PROPERTY-APPALACHIAN REGION- WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the 325 Committee, with regard to selling an 827.31 acre easement on the Appalachian Trail to the Federal Government across City-owned property known as the Carvins Cove Reservoir Watershed. A staff report advised that the Water Resources Committee considered s request of the Federal Government to acquire right, by fee simple purchase or easement, of the Appalachian Trail crossing portions of Csrvins Cove protected watershed (See report dated November 17, 1997); and the Committee requested City staff to continue to negotiate to obtain on behalf of ,the City the right of approval of assignment of the lease and protection of a utility corridor. It was further advised that pursuant to a communication from Donald T. King, Chief, Land Acquisition Field Office, United States DepaCb~ent of the Interior, right of approval of assignment will be granted to the City and the utility corridor will not be protected. The Watar Resources Committee recommended that Council delay a decision on the matter until after the Comprehensive Land Use Study of Carvins Cove Reservoir has been completed. (For full text, see reports on file in the. City Clerk's Office.) I ACTION: Ms. Wyatt moved that the followng ordinance be placed upon its first reading: (~33767) AN ORDINANCE authorizing the execution of an offer to sell an easement and the subsequent deed of easement granting to the United States of America an 827.31 -acre easement for the Appalachian Trail across the City-owned property known as the Carvins Cove Reservoir Watershed, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 436.) The motion was seconded by Mr. Trout. James A. Whitney, representing the Roanoke Appalachian Trail, and William H. Lamson, 4226 Lake Drive, S. W., spoke in support of granting the easement across the Carvins Cove Reservoir Watershed. Ordinance No. 33767 was adopted on its first reading by the following vote: 326 AYES: Council Members Trout, White, Harris, Swain and Mayor Bowers 5. NAYS: Council Members Parrott and Wyatt Council Member Parrott advised that a vote on the matter should be held in abeyance until the Can/ins Cove Advisory Committee presents its report to Council. (Council Member White left the meeting at 4:30 p.m.) BUDGET-SEWERS AND STORM DRAINS-WATER RESOURCES: 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 the Peters Creek Sewer Replacement Project, which is part of the City's ongoing Infiltration/Inflow (Ill) program as required by Special Consent Order dated August 10, 1992, which will reduce groundwater infiltration into the sewer system. ,The Bid Committee recommended that Council approve the following actions: Authorize the City Manager to execute a contract with Dixon Contracting, Inc., Fincastie, Virginia, for the Peters Creek Sewer Replacement Project PC-4, in the amount of $t85,808.00, and authorize a project contingency of $18,500.00 and $5,000.00 for interfund billing for contract administration and inspection; Transfer $209,308.00 from Sewer Fund Account No. 003- 056-3170-9085 to a new account to be established by the Director of Finance in the Sewer Fund, entitled, "Peters Creek Sewer Replacement PC-4"; and Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) 327 ACTION: Mr. Parrott offered the following emergency budget ordinance: (1/337684)40698) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 426.) Mr. Parrott moved the adoption of Ordinance No. 33768-040698. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers NAYS: None 0. (Council Member White was absent.) Mr. Parrott offered the following emergency ordinance: (#33769-040698) AN ORDINANCE accepting the bid of Dixon Contracting, Inc., for the Peters Creek Sewer Replacement Project PC-i, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 427.) Mr. Parrott moved the adoption of Ordinance No. 33769-040698. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers .. 6. NAYS: None 0o (Council Member White was abeenL) 328 ACTION: BUDGE.T.-BRIDGES: Council Mem. ber John H. Parrott, Chairperson, B,d Committee, presented a written report on behalf of the Committee, in connection with bide received by the City for bridge repairs at 10th Street over Norfolk Southern Railroad, and Shenandoah Avenue and Orange Avenue over Tinker Creek. The Bid Committee recommended that Council approve the following actions: Authorize the City Manager to execute a contract with Lanford Brothers Co., Inc., Hollins, Virginia, for Bridge Repairs - 10th Street and Orange Avenue, in the amount of $193,887.00, and authorize a project contingency of $20,000.00, for a total of $213,887.00; Appropriate $100,000.00, which is currently available in CMERP, to the Capital Fund, Account No. 008-052-9549- 9003, entitled "Bridge Maintenance"; and Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#33770-040698) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 428.) Mr. Parrott moved t~e adoption of Ordinance No. 337704)40698. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers 6. NAYS: None 0. 329 (Council Member White was absent.) * Mr. Parrott offered the following emergency ordinance: (#33771-040698) AN ORDINANCE accepting the bid of Lanford Brothers Company, Incorporated, for repair of the 10th Street Bridge over Norfolk Southern Railroad and Shenandoah Avenue and the Orange Avenue Bridge over Tinker Creek, 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. 60, page 430.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 33771-040698. The motion was seconded by Mr. Swain and adopted by the following vote: Mayor Bowers NAYS: None (Council Member White was absenL) AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and 6. BUDGET-PURCHASE/SALE OF PROPERTY-BRIDGES-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of Amendment No. 4 to the engineering services agreement with Mattem &'Craig, Inc., for bridge maintenance projects and acquisition of property rights needed for the Broadway Street Bridge replacement. A staff report advised that the Bridge Inspection Program has revealed that Broadway Street Bridge is in need of replacement; whereupon, the Water Resources Committee recommended that Council take the following actions: 330 ACTION: Authorize acquisition of property rights from Cycle Systems, Inc., and George H. Fulton by making off.em based on appraisals and institute condemnation proceedings, if necessary, for the Broadway Street Bridge request; Authorize the City Manager to execute Amendment No. 4 to the contract with Mattom & Craig, Inc.; and Appropriate $56,100.00 ($36,100.00 Amendment No. 4 and $20,000.00 property rights) from the 1997 Bond Issue to Bridge Maintenance Projects, Account No. 008-052-9548- 9003. (For full text, ass reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (~33772-040698) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 43t.) Ms. Wyatt moved the adoption of Ordinance No. 33772-040698. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers NAYS: None 0. (Council Member White was absent.) Ms. Wyatt offered the following emergency ordinance: (1~t33773-040698) AN ORDINANCE providing for the acquisition of property rights needed by the City for the Broadway Street Bridge Replacement Project; setting a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by .condemnation, under certain circumstances; authorizing the 331 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. 60, page 432.) ACTION: Ma. Wyatt moved the adoption of Ordinance No. 33773-040698. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers 6. NAYS: None 0. ACTION: (Council Member White was absent.) Me. Wyatt offered the following resolution: (ft33774-040698) A RESOLUTION authorizing execution of Amendment No. 4 to the contract with Mattem & Craig, Inc., for design, construction and administration. (For full text of Resolution, see Resolution Book No. 60, page 433.) Ms. Wyatt moved the adoption of Resolution No. 33774-040698. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) SPECIAL PERMITS-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to a revocable permit for right-of-way encroachment in connection with construction of a marquee above the entrance to an existing building located at 109 South ,Jefferson Street, described as Official Tax No. 1011126. 332 ACTION: A staff report advised that the building located at 109 South Jefferson Street is currently owned by Hong Ki Min and occupied by Corned Beef and Company restaurant; the property owner desires to construct a marquee over the Jefferson Street entrance to the building which will better identify the entrance and create a focal point for the building; and the marquee to be constructed is 22' long and projects 5' from the face of the building, which will encroach into the airspace 10'6" above the sidewalk over the Jefferson Street right-of-way. The Water Resources Committee recommended that Council authorize a revocable permit, in a form to be approved by the City Attorney, to permit construction of the marquee above the Jefferson Street entrance to the building to encroach into the airspace over Jefferson StrseL (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: (#33775) AN ORDINANCE granting a revocable license for the construction of a marquee above the entrance to an existina buildino, c.m. ach,ng approximately 106 ,nchee over and Into airspace over the iii pubhc sidewalk right-of-way along the front of the building located at 109 Jefferson Street, Official Tax No. 1011126, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 436.) The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers 6. NAYS: None .. (Council Member White was absent.) FIRE DEPARTMENT-JEFFERSON CENTER-EMERGENCY MEDICAL SERVICES-LEASES-WATER RESOURCES: Vice-Mayor Unda F. Wyatt, Chairperson, Water Resources Committee, presented 333 a written report on behalf of the Committee, with regard to execution of an amendmen.t, to the sub!ease agreement between the Jefferson Center Foundation and the C,ty to provide suitable storage space in the Jefferson Center for the Fire-EMS Department. A staff report advised that sublease for office space in the Jefferson Center for certain City offices, including the Fire-EMS Department, was approved by Ordinance No. 30763-102891 which was adopted by Council on October 28, 1991; and current space is insufficient to provide a secure storage area to store supplies and equipment used by the Firs-EMS Department. It was further advised that the Fire-EMS Deparb,,ent has located suitable space in the Jefferson Center to meet their storage needs, which contains 3t5 square feet and may be obtained through an amendment to the City's existing sublease. The Water Resources Committee recommended that Council authorize execution of the Sublease Amendment, in a form approved by the City Attorney, at a cost of $105.00 par month, with funding available in Account No. 001-050-3213-3075, Other Rentals. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (~L33776-040698) A RESOLUTION authorizing execution of an Amendment to the Sublease Agreement between the Jefferson Center Foundation and the City to provide suitable space in the Jefferson Center to meet the storage needs of the Fire-EMS Depa~b,,ent. ACTION: (For full text of Resolution, see Resolution Book No. 60, page 434.) Ms. Wyatt moved the adoption of Resolution No. 33776-040698. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers 6. NAYS: None 0. 334 (Council Member White was absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ACTION: SEWERS AND STORM DRAINS-EASEMENTS-WATER RESOURCES: Ordinance No. 33757, authorizing the abandonment of a certain unused public easement for water and sewer located across property identified as Official Tax No. 2270808, currently owned by Gregory S. And Valerie S. Emerson, upon certain terms and conditions, as more fully set forth in a report of the Water Resources Committee dated March 16, 1998, having previously been before the Council for its first reading on Monday, March 16, 1998, 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: (~3757-040698) AN ORDINANCE authorizing the abandonment of a certain unused public easement for water and sewer located across property identified by Official Tax No. 2270808, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 415.) Mr. Trout moved the adoption of Ordinance No. 337574)40698. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers 6. NAYS: None 0. (Council Member White was absent.) ZONING: Ordinance No. 33759, rezoning ten tracts of land located on Southern Lane, Southern Hills Drive and Griffin Road, S. W., identified as Official Tax Nos. 5470108-5470115, inclusive, 5480701 and 5480704, from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain proffers contained in the Third Amended Petition filed in the Office of the City Clerk on December 15, 335 1997, having previously been before the Council for its first reading on Monday, March 16, t998, read and adopted on its first reading and laid over, was aga,n before the body, Mr. Trout offering the following for its second reading and final adoption: (#33759-040698) AN ORDINANCE to amentl §36.1-3, Code of the City of Roanoke (191'9), as amended, and Sheet Nos, 547 and 584, 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. 60, page 415.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33759-040698. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers NAYS: None 0. I (Cou nC~IuM;G~Tb~,'~ AW;~-~lal~' a be~(~t.U)NCIL.-C O.. UNITY PLANNING: Mr. Harris offered the following resolution setting a Special Meeting of Council of the City on Thursday, April 30, t998, at 7:00 p.m, in the Exhibit Hall of the Roanoke Civic Center, 710 Williamson Road, N. W., for the purpose of holding public hearings on the General Fund Budget for Fiscal Year 1998-99, proposed tax increases, and the Annual Update to HUD's Consolidated Plan. (#33777-040698) 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. 60, page 434.) ACTION: Mr. Harris moved the adoption of Resolution No. 33777-040698. The motion was seconded by Mr. Parrott and adopted by the following voto: 336 ACTION: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers {:;. ~ NAYS: None 0. (Council Member White was absent.) BUDGET-CITY COUNCIL-SCHOOLS: Mr. Trout offered the following resolution setting a Special Meeting of Council for Monday, May 11, 1998, at 2:00 p.m., in the City Council Chamber for the purpose of adopting the proposed annual budget for the City of Roanoke for fiscal year 1998-99 and related matters, and for the election of two School Board Trustees for two three-year terms of office commencing July 1, 1998. (#33778-040698) 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. 60, page 435.) Mr. Trout moved the adoption of Resolution No. 33778-040698. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers NAYS: None.. (Council Member White was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 4:55 p.m., the Mayor declared the meeting in recess. t 337 At 5:00 p.m., the meeting reconvened in the Council Chamber, I with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member White. ACTION: COUNCIL: With respect to the Executive Session just concluded, Mr. 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 were heard, discussed or considered by City Council. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers ,, 6. NAYS: Hone 0. (Council Member White was absent.) OATHS OF OFFICE-COMMITTEES-CITY EMPLOYEES- PERSONNEL DEPARTMENT: The Mayor advised that the.re is a vacancy on the Personnel and Employment Practices Commies~on due to expiration of the term of office of Mozelle A. Scott, and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Carol D. Wright. There being no further nominations, Ms. Wright was appointed as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2000, by the following vote: ACTION: FOR MS. WRIGHT: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers 6. (Council Member White was absent.) OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that the terms of office of S. Elaina Loritts-Duckett and Brenda A. Powell as members of the Fair Housing Board expired on March 31, 1998, and called for nominations to fill the vacancies. 338 Mr. Parrott placed in nomination the name of S. Elaina Loritte- Duckett and Brenda A. Powell. There being no further nominations, Ms. Loritts-Duckett and Ms. Powell were reappointed as members of the Fair Housing Board, for terms ending March 31, 2001, by the following vote: ACTION: FOR MS. LORITTS-DUCKETT AND MS. POWELL: Council Members Trout, Wyatt, Harris, Parrott, Swain and Mayor Bowers 6. (Council Member White was absent.) There being no further business, the Mayor declared the meeting adjourned at 5:05 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 339 REGULAR WEEKLY SESSION~ROANOKE CITY COUNCIL I April 20, 1998 12:15 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, April 20, 1998, at 12:15 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 William White, Sr., Linda 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 Attorney; James D. Grieso, Director of Finance; and Mary F. Parker, City Clerk. I HEALTH DEPARTMENT: Dr. Molly L. Rutledge, Director, City Health .oanoke Department, presented a video in appreciation of the American Public Health Association, which is intended to provide a prospective of what public health has accomplished over the past 125 years. She also presented a document outlining the services provided by the Roanoke City Health Depai;,,ent. (See hand-out on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the briefing would be received and filed. BUDGET-HOUSING/AUTHORITY-GRANTS: Frank E. Baratte, Grants Compliance Officer, presented a briefing with regard to the proposed fiscal year 1998-99 Annual Update to HUD's Consolidated Plan, and advised that the U. S. Department of Housing and Urban Development (HUD) requires that entitlement localities such as the City of Roanoke submit a five-year Consolidated Plan, with Annual Updates, in order to receive funding under the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs. 340 ACTION: It was advised that HUD representatives informed City staff that Roanoke's 1998-99 new CDBG and HOME entitiementa will total $2,723,000.00, an increase of $2,000.00 over 1997-98 fundinn, includi,,,- $4,086,691,00. an *','--' ..... =" .,u new entitlements, total funding will be · d ,-.ua wm leverage an estimated $4,903,819.00 in additional monies from federal, state, local and private sources, for a total program scope of $8,990,510.00. It was explained that cifi.zen hearings were conducted on January 8 and March 24, 1998, and program objectives are as follows: 12 new projects and 40 previously funded projects are recommended for funding as part of the proposed 1998-99 Annual Update; With 52 individual projects and activities funded in whole or in part with CDBG and/or HOME funds, the proposed 1998-99 Annual Plan will address housing, economic development, human services, neighborhood/community development, homeless and administration/planning needs; and With respect to the CDBG requirement that 70% of the funds benefit Iow-and moderate-income individuals, the proposed CDBG budget exceeds the minimum requirements by at least 7%. In conclusion, Mr. Baratta advised that the 1998-99 .Annual Update to the Consolidated Plan is responsive to the concerns of the citizens of Roanoke and mee? the regulatory requirements of H.UD; the Cons..o. lidatad Plan provides for hous,ng improvements, homeless activities, activities for youth, business development, creation of new job opportunities, h.uman services, strengthening of neighborhood organizations and adequate admimstrative oversight for the entire program; and the proposed Plan will allow the City to build upon the successes of the past and to meet certain urgent critical needs. It was pointed out that Council has scheduled an evening public hearin..g, on April 30, 1998, to receive comments of citizens; and on May 11, 1998, Council w~ll be requested to authoriz.e, the City Manager to submit an approved 1998-99 Annual Update to approval, the Consol,dated Plan to the HUD Richmond Office for review and Following discussion and without objection by Council, rite Mayor advised that the briefing would be received and filed. At 12:55 p.m., the Mayor declared the meeting in recess until 2:00 p.m. 341 At 2:00 p.m., on Monday, April 20, 1998, the regular meeting of City Council I reconvened in the Roanoke City Council Cham. ber, 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., Linda 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; 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 Paul G. Gunsten, Pastor, St. Philips Lutheran Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PROCLAMATIONS-ACTS OFACKNOWI.EDGEMENT-COMMUNITY PLANNING: Inasmuch as June 1, 1998, will be the last official date of employment of John R. Marilee, Chief, Community Planning, the Mayor presented a proclamation declaring, Monday, April 20, 1998, as John R. Marllee Day. (For full text, see Proclamation on file in the City Clerk's Office.) PROCLAMATIONS-HOUSING/AUTHORITY: The Mayor presented a proclamation declaring April, 1998, as Fair Housing Month. On behalf of the City of Roanoke, he welcomed two Fair Housing advocates; viz: John P. Cancelleri; Administrator, Fair Housing Board, Commonwealth of Virginia, and R. Thomas Day, Sr., Fair Housing Site Director, U. S. Depa,bllent of Housing and Urban Development. (For full text, see Proclamation on file in the City Clerk's Office.) 342 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 Executive Session to discuss and consider a matter of pending litigation, specifically a lawsuit brought against a City employee; and 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 which ware held on Monday, February 2, 1998, and Tuesday, February 17, 1998, 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. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: None .. 0. 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), 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. Swain and adopted by the following vote: 343 AYES: Council Members White, Wyatt, Harris, Parrott, Swain, I Trout and Mayor Bowers 7. NAYS: Not= 0. CITY COUNCIL-CITY EMPLOYEES: A report of the City Attorney requesting that Council convene in Executive Session for the purpose of discussing and considering a matter of pending litigation, specifically a lawsuit brought against a City employee, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. (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 with regard to pending litigation, specifically a lawsuit brought against a City employee, pursuant to Section 2.1~.~. (A)(7), Code of Virginia (1950), as amended. 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. CITY COUNCIL-NEIGHBORHOOD ORGANIZATIONS-ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Council Member C. Nelson Harris advising that two neighborhood tours have been scheduled fur May 11, 1998 in the Belmont neighborhood in southeast and June 1, 1998 in the Hurt Park neighborhood in southwest from the hours of 5:30 p.m. to 7:00 p.m; and the Steering Committee of the Roanoke Neighborhood Partnership has agreed to schedule the tours which will be hosted by neighborhood organizations from the area, was before Council. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. White moved that Council concur in the communication. The motion was seconded by Mr. Swain and adopted by the following vote: 344 ACTION: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: Non_- 0. AIRPORT-CITY EMPLOYEES-PERSONNEL DEPARTMENT.OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Claude N. Smib~ as a member of the Roanoke Regional Airport Commission for a term ending March 9, 2002; and Carol D. Wright as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2000. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) fi' Mr. Whi~ moved that the reports of qualification be received and ,ed. 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.. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: S' BUDGET-SCHOOLS: A communication from the Roanoke City cnool .Board requesting the following appropriations, was before Council. SR2e2.,500.00 from the Capi.fal Maintenance and Equipment p,acement Fund, wh,ch funds will be used for elementary and secondary school equipment, Woodrow Wilson equipment, facility maintenance, and roof repairs for Fiahbum Park; 345 $125,448.00 for renovations to Woodrow Wilson Middle I School; proceeds have been received from the 1997 Capital Bond Issue, th.e. State .Non-Arbitrage Pool, and from asbestos class ac~on rece,pta; $150,000.00 for the installation of wide area computer networks for the School Board central administration and the Schools, which funding will be provided from the 1997 approved Capital Bond Issue; $175,000.00 for food and food supplies; additional appropriation of federal food aid revenues and cafotaria receipts is necessary to recognize the higher level of participation in the student lunch program for the year and the resulting higher level of expeneee required for food purchases; $t,927.00 for the 1997-98 Opportunity Knocks (GED) Program to provide instruction for the General Educational Development (GED) Examination for young adults, which is a continuing program that ia funded by fees charged to participants; $1,900.00 for the Impact Aid Program for operation of the Homework Helpline Program for the t997-98 school year; federal funds are already appropriated and received for this continuing program, and donations to augment the program have been received from Blue Ridge Television and United States Cellular; $7,750.00 for the 1998 Western Virginia Regional Science Fair, which is a continuing program; participating school districts will contribute toward the cost of the fair, with a local match cost to Roanoke City Schools in the amount of $2,000.00; and $2,785.00 for the Goals 2000 Technology Support grant for FY97 for training in support of efforts to improve education in the school division through the provision of computers and related technology; the program will be reimbursed one hundred percent by federal funds. 346 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 C,ty Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~t33779-042098) AN ORDINANCE to amend and reordain certain sections of the 1997-98 School, General, and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 438.) Mr. Trout moved the adoption of Ordinance No. 33779-042098. 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. BUDGET-ROANOKE VALLEY RESOURCE AUTHORITY: A ~ communication from Kit B. Kiser, City Representative, Roanoke Valley Resource Authority, recommending approval of the Resource Authofity's annual budget for fiscal year 1998-99, was before Council. It was advise.cl, that budget information is presented in accordance with Section 5.9 of the October 12, 1991 Members Use Agreement; tipping fees for charter member govemments remain at the current rate of $53.00 per ton; charter member governments' credit will reduce from $3.00 per ton to $2.00 per ton; the net effect to the City of Roanoke is a $1.00 per ton increase in the tipping fees; and transmitting a comparison of the 1998-99 budget with the projections made to finance the capital improvement program. Mr. Kiser recommended that Council approve the proposed fiscal year 1998-99 anrJual budget, in the total amount of $8,004,000.00, which is a reduction of $480,000.00 from the initially approved 1997-98 budget as the result of further diversion of privately collected commercial refuse to private landfills, but is one-half of one per cent increase of the amended fiscal year budgeL 347 (For full text, see communication on file in the City Clerk's Office.) i Mr. Trout offered the following resolution: (#33780-042098) A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 1998-99, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 60, page 442.) ACTION: Mr. Trout moved the adoption of Resolution No. 337804)42098. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Parmtt, Swain, Trout and Mayor Bowers 6. NAYS: Vice-Mayor Wyatt Vice-Mayor Wyatt inquired about the status of discussions to accept waste materials from outside of the Roanoke Valley; whereupon, Mr. Hubbard advised that the Board of Directors of the Roanoke Valley Resource Authority voted not to pursue the issue. Ms. Wyatt suggested that the matter receive further consideration by the Resource Authority. ACTS OF ACKNOWLEDGEMENT-COURT COMMUNITY CORRECTIONS BOARD: A communication from James T. Phippa, Director, Court-community Corrections Program, requesting adoption of a measure of appreciation honoring those citizens and criminal justice professionals who previously served on the Court-Community Corrections Policy Board and the Community Corrections Resources Board, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33781-042098) A RESOLUTION expressing appreciation and recognizing Mrs. Linda Blair, Mrs. Susan Blaylock, Mr. Melville Carico, William H. Cleveland, Esquire, the Honorable Beverly T. Fitzpatrick, Sr., 348 ACTION: Mrs. Sandy Gates, Colonel James P. Godsey, Mre. Nancy Geohring, Dr. Bernard Hairs.ton, Mr. Harry Tucker Haskins, Jr., Dr. William g Hill, Mr. Wendell Hi.p.k,ns, the late M. David Hooper, Mr. Michael Lazurri, i Mr. Dana Martin, Mrs. Wendy _M. oore, Dr. Harry C. Nickens, Jr., Dr. Dreatha Phillips, Mrs. Chris P,ckard, Mre. Laura Pope, Mr. John Rauck, Mr. Tommy Reid, Jr., Mr. Norman Sprinkle, Dr. Graham Stephens, Mr. Frank Turk, Mr. J. Michael Vulgan and Mr. Roland Wine for their dedicated services while serving on the Court-Community Corrections Policy Board and the Roanoke Area Community Corrections Resources Board from 1980 through 1995. (For full text of Resolution, see Resolution Book No. 60, page 442.) Mr. Trout moved the adoption of Resolution No. 33781-042098. 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: None REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: BUDGET-SPECIAL EVENTS: Diane S. Akers, Budget Administrator, presented an overview of the proposed 1998-99 fiscal year budget, totaling $168.5 million, an increase of $7.3 million, or 4.53 per cent. She advised that the two major components of budget expenses are Roanoke City Government and the local share of the budget of the Roanoke City Public Schools, and the following goals are incorporated in the proposed t998-99 budget: Advancement of City Council's Vision in the areas of Economy, Education, Effective govemment and Quality of Life; Maintaining the City'; financial stability and integrity; 349 Funding of competitive pay reiees and benefits for City I Employees; Funding of the School Board's basic budget request; and Maintaining and improving services to the neighborhoods. The Director of Finance addressed revenues, and advised that total General Fund revenue is $168 million, with local taxes making up the majority of the revenue, and intergovemmentsl being the second highest category, composed primarily of funds from the Stats and other funds generated from City fees and service charges. He further advised that local tax revenues ara up 3.4 per cent, or $3.9 million, intergovemmental revenues are up 8.2 per cent, or $3 million, and other local taxes are up $302,000.00. He stated that real estate tax relief for the eldeHy and disabled tax credits represent $177,000.00, real estate taxes total $750,000.00, the City is waiting to hear what action the General Assembly will take regarding personal property tax refunds for 1999, and City sales tax has not performed well this year. He added that it was difficult to establish revenue estimates for 1999, therefore, the revenue estimate is the same as fiscal year 1998. Overall, he stated that the growth rate is 4.5 per cent and City staff is working with approximately $7 million of additional funds for fiscal year 1999· In regard to the expenditure side of the budget, Ms. Akere advised that the largest category of expenditures is the local share of education, followed by public safety, health and welfare, and public works. She stated that for 1998-99, the recommended budget is projected to increase by $7.3 million, the local share of the school budget will increase by $t.37 million which is based on an agreed upon local tax revenue sharing formula between the City Govemment and the Roanoke City Schools, and funding also includes approximately $205,000.00 in additional City funding for the pre-school initiative program, which is a jointly funded project of the City and the Roanoke City Schools. She advised that the following Supplemental Priority I items are recommended: Curb, Gutter and Sidewalk progrem, Neighborhood Clean-up, 350 Maintenance of Petem Creek Road Extension and Brandon Avenue, Victory Stadium Capital Funding, Roanoke Education Center Capital Funding, Virginia Institute for Social Services Training Activities Program, Full-Time Attorney for Social Services, Police Department Minority Recruiting, Small and Minority Business Development Position in the Office of Economic Development, Judicial Sale of Real Property for Delinquent Taxes, Nurse for Juvenile Justice Program, Additional positions for the City Jail, Auditor for Roanoke City Schools, Continuation of the ICMA-RC Deferred Compensation Benefit for City Employees, end Retirement Plan enhancements and health insurance supplement for future retirees. Ms. Akers advised that other expenditure increases include Social Services programs and highway maintenance activity, such as street paving funds primarily through increased state dollars, and additional funding for maintenance of City buildings. She further advised that the Water and Sewer Funds include recommended rate increases as were discussed by Council during the February 28, 1998, Financial Planning Session, which increases will provide for future capital improvements. i 351 The City Manager advised that the budget fully funds the basic budget of the schools, including the goal of raising teacher salaries to the nati.onal average, includes new .school based programs, provides for mus,c and art program funding tncraeses, implements the middle school football program, provides an operating subsidy for the high school athletic programs, provides teacher planning time for eight additional elementary schools, adds seven additional elementary school teachers, adds two new pre-~chool classes for four year olds, and provides increased funding for remedial classes. He stated that the average raise for teachers is in the range of five per cent, 3.6 per cent for administrators and principals, 4.2 per cent for classified employees, and compensation for bus drivers will be increased by moving to the next pay grade. In regard to the General Fund operating budget, Mr. Herbert advised that there are enhancements to neighborhood programs, the neighborhood recycling program will be completed by placing all citizens on line, Phase II of the Automated Pick-up Program will be implemented, and additional funding will be included for curb and gutter and neighborhood clesn-up. He called attention to full funding of the City's commitment to the Higher Education Center which will meet Council's stated goal of providing $2.5 million as the City of Roanoke's local share on the Higher Education Center to be located in the former Norfolk Southern Building. He called attention to a proposed new three year program ste~ng with an initial $300,000.00 in fiscal year 1999, Victory Stadium Capital Funding, to be increased to $600,000.00 in fiscal year 2000, and $900,000.00 over a three year period, which $900,000.00 will support $9 million of debt service. He stated that the proposed budget includes funding for a competitive pay raise and fringe benefits for City employees. (See FY 1998-99 Recommended Budget on file in the City Clerk's Office.) , .. The Mayor called attention to a letter of resignation from Pearl Fu, Coordinator, Roanoke's Local Colors Program, and suggested that the matter of funding for Local Colors be referred to 1998-99 budget study for discussion. Mr. White stated that if funding for the Local Colors Program is discussed during budget study, the question of funding for all similar types of agencies/programs should be discussed. 352 Following further discussion of the matter, Mr. Trout moved that the City's 1998-99 fiscal year budget be referred to budget study, and that the matter of funding for Roanoke's Local Colors Program and any other similar type program/agency be referred to 1998-99 budget study for discussion. The mo§on was seconded by Mr. Swain and adopted. BUDGET-FIFTH PLANNING DISTRICT COMMISSION-REGIONAL COMPETITIVENESS ACT: The City Manager submitted a written report recommending endorsement of a funding distribution methodology for incentive funds for the Fifth Planning District Commission, advising that Roanoke City Council endorsed the City of Roanoke's participation in the Fifth District Regional Alliance on February 3, 1997, under authority of the 1996 Regional Competitiveness Act; the Fifth Planning District Regional Alliance was created by the local governments within the planning district to promote interjurisdictional cooperation in order to improve the region's economic competitiveness; and qualifying regions will receive their share of state funding based upon the percentage of population within their region as compared to that of other qualifying regions with the state. It was further advised that the Regional Competitiveness Program required that each participating local govemment approve, by resolution, a method for the distribution of inc.e, ntive funds within the region itself;, on June 2, 1997, Councd concurred in the recommendation of the Board of Directors of the Regional Alliance whereby incentive funding would be distributed based upon the following formula: 90% allocation on a per capita basis, 8% allocation on a fiscal stress basis, and 2% allocation to the Regional Alliance. It was explained that on March 19, 1998, the Board of Directors of the Regional Alliance unanimously recommended that the funding distribution method be amended to direct all incentive funding to the Fifth Planning District Regional Alliance for the purpose of funding, to the extent possible, the regional projects as presentsd in the Economic Strategic Plan. 353 The City Manager recommended that Council approve the I allocati.o.n of all R. egio.nal Competitiveness incentive funds to be paid to the F,fth Planmng D,strict Regional Alliance and that such funds be used to implement the regional projects included in the Economic Strategic Plan. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33782-042098) A RESOLUTION approving the funding distribution methodology for incentive funds to be distributed to the Fifth Planning District Regional Alliance. (For full tsxt of Resolution, sss Resolution Book No. 60, page ACTION: Mr. Trout moved the adoption of Resolution No. 33782-042098. 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: None. 0. ITEMS RECOMMENDED FOR ACTION: ARTS MUSEUM OF WESTERN VA: The City Manager submitted a written report advising that the Art Museum of Western Virginia conducts an annual outdoor art show in the City; City support is required since the Art Museum's show is conducted on the streets and sidewalks in the City Market area; and a one year contract was negotiat~l in 1996 and 1997 which covered the obligations by both the Art Museum and the City. It was further advised that the 1997 contract between the Art Museum and the City has expired; the 1998 Sidewalk Art Show is scheduled to begin on Saturday, May 30, 1998, and to conclude on Sunday, May 31, 1998; the proposed three year contract retains City support to provide various transportation, setup and takedown 354 ACTION: functions, while being reimbursed for direct costa of the functions; and a contract, with the City will permit the Art Mus.eu..m to be ,xem.p.t fro.m i local bus,neee license tax for Art Show activities, as spec,fled ,n Article III, Chapter 19 of the City Code. The City Manager recommended that he be authorized to execute a three year contract for the t998, 1999, and 2000 Sidewalk Art Shows with the Art Museum of Weetam Virginia, in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (aY33783-042098) A RESOLUTION authorizing the City Manager to execute a three-year agreement with the Art Museum of Western Virginia, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 60, page 445.) Mr. Trout moved the adoption of Resolution No. 33783-042098. The motion was seconded by Mr. Harris and adopted by the following vote: i AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: Nono 0. FESTIVAL IN THE PARK: The City Manager submitted a written report advising that Roanoke Festival in the Park conducts the largest annual outdoor event in the City, and 1998 will be its 29th year; the first agreement between Festival in the Park and the City was executed in 1991 and the City pledged $45,000.00; and a three year contract was negotiated in 1996, which covered the t996 and 1997 Festivals, and is also in effect for the 1998 Festival. It was further advised that during 1996 Festival in the Park, an incident occurred which resulted in legal action by an individual claiming violation of constitutional rights; the City Attorney is of the 355 opinion that in light of this incident, the interests of the City should be I better protected; and strengthening of the indemnification clause in the current contract should serve to reduce the City's exposure, should another incident occur. The City Manager recommended that Council authorize the following contractual amendment to be approved as to form by the City Attorney and signed by the City Manager: Financial exposure to the City would be lessened should an incident similar to that which occurred in 1996 happen again to the extent that Festival in the Park stands behind its contractual obligations to indemnify the City; and Level of support to Festival in the Park would be affirmed by increasing t998 in-kind support to $54,Z19.00; utilizing a 2.75% Consumer Price Index Annual Escalator, which would equate to the original $45,000.00 pledged in t99t; and funding to support Festival in the Park is available in the various operating depa, tment budgets that provide the in-kind support. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33784-042098) A RESOLUTION authorizing the City Manager to execute Amendment No. 1 to the three-year agreement with Roanoke Festival in the Park, Inc., upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 60, page 445.) ACTION: Mr. Trout moved the adoption of Resolution No. 33784-042098. 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: None 0. 356 ACTION: POLICE DEPARTMENT-BUDGET-EQUIPMENT-CMERP: The City submitted s written report advising that the Capital Ma.nager Ma,ntanance and Equipment Replacement Program has identified the need to replace trucks and related equipment in the Police Department and Utility Line Services Department; whereupon, the City Manager recommended that Council authorize the purchase of the following vehicular equipment: One new full size 4-whssl drive pickup and two new mid- size pickups from Magic City Motor Corporation, at a total cost of $58,767.10; One new 2-ton truck cab/chassis from Highway Motors, Inc., at a total cost of $30,253.00; and One heavy duty service truck body and two Iow profile utility bodies from General Truck Body Co., Inc., at a total cost of $10,470.00. In addition, the City Manager recommended that Council appropriate $71,333.00 from Utility Line Services Retained Earnings 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. Trout offered the following emergency budget ordinance: (f~33785-042098) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Utility Line Services Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 446.) Mr. Trout moved the adoption of Ordinance No. 33785-042098. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain and Trout 6. NAYS: None 0. 357 (Mayor Bowers abstained from voting.) I Mr. Trout offered the following resolution: (#33786-042098) A RESOLUTION accepting bids made to the City for furnishing and delivering trucks and related equipment, upon certain terms and conditions; and rejecting all other bids made to the city. (For full text of Resolution, see Resolution Book No. 60, page 447.) ACTION: Mr. Trout moved the adoption of Resolution No. 33786-042098. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain and Trout 6. NAYS: None 0. (Mayor Bowers abstained from voting.) BUDGET-PARKS AND RECREATION-UTILITY LINE SERVICES- EQUlPMENT-CMERP: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need for a Litter Collection Vehicle for the Parks/Grounds Department; whereupon, the City Manager recommended that Council appropriate funding for one new vacuum litter collecting vehicle from Virginia Public Vehicles Equipment Company at a total cost of $59,890.00; and appropriate $59,890.00 from current year Capital Maintenance and Equipment Replacement Program to Parks & Grounds Department, Account No. 001-052~340-9015. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33787-042098) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page ~?.$.) 358 ACTION: M.r. Trout moved the adoption of Ordinance No. 33787-042098, seconded by Mr. Harris and adopted by the following · The motion was vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: None POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a written report advising that the Omnibus Fiscal Year t997 Appropriations Act, Public Law 104-208, provides funding for implementation of the Local Law Enforcement Block Grant program, which is administered by the Bureau of Justice Assistance (BJA), U. S. Department of Justice; the purpose of the Local Law Enforcement Block Grant Program is to provide local governments with funds to underwrite projects to reduce crime and to improve public safety; Council authorized application for and acceptance of the grant funds on September 22, t997, pursuant to Resolution No. 33588-092297; Federal funds from this grant to the City of Roanoke have been awarded by the U. S. Department of Justice; and the grant requires that the funds supplement r~ther than supplant local monies. . I It was further adweed that grant funds available for appropriation through this program total $141,111.00, which includes the grant amount of $127,013.00 and the local match of $14,098.00; grant requirements provide that funds be placed in an interest bearing account; local match funds are available in the Police Department's Federal Asset Forfeiture Account; police bicycle patrol hours could be expanded through allocation of the funding; and a grant advisory board of citizens and public officials was appointed for last year's BJA grant and will be utilized to identify and prioritize specific areas or neighborhoods to receive the additional police patrol. The City Manager recommended that Council appropriate the following funds from the Local Law Enforcement Block Grant: Appropriate $141,111.00 to the following grant fund accounts: Expendable Equipment 035-050-3311-2035 $ 30,000.00 Police Overtime 035-050-3311-1003 $ 111,t11.00 359 ACTION: Increase the following grant fund revenue estimates: Federal Grant Receipts Local Match 035-035-1234-7273 035-035-1234-7274 $127,013.00 $ 14.098.00 $141.111.00 Transfer $14,098.00 from Federal Asset Forfeiture, Account No. 035-050-3304-21 50 to Local Law Enforcement Block Grant (97199), Revenue Account No. 035-035-1234- 7274 aa a local match. Authorize unexpended grant funds to draw interest in accordance with grant requirements. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33788-042098) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 449.) Mr. Trout moved the adoption of Ordinance No. 33788-042098. 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: None 0. NORFOLK SOUTHERN CORPORATION-RAILSIDE LINEAR WALK: The City Manager submitted a written report advising that Council authorized acquisition of the necessary property ~ighte for the Railside Linear Park, pursuant to Ordinance No. 33148-100796, which was adopted on October 7, 1996; an environmental site inspection was performed on the parcels needed for the project by the City's Environmental Officer; and all property, except that along the railroad tracks, was approved. 360 It was explained that the City's Environmental Officer has determined that a Phase II environmental site assessment is needed for the property along the railroad tracks; Norfolk Southern Corporation and its Operating Subsidiaries have requesl~d additional conditions to the City's standard Right of Entry Agreement for on-site tasting and sampling on its property; while the City may be authorized to enter private property for such tasting under Section 25-232.1 of the Code of Virginia, in an effort to cooperate and to complete tasting in a timely manner, it is recommended that a Right of Entry Agreement be entered into with the Railroad including certain notice and insurance requirements and that the City be responsible for damages that may result from such Right of Entry; and authorization is needed to execute the necessary Right of Entry Agreement to allow the City's consultant to move forward with testing for Phase II Environmental Site Assessment. ACTION: The City Manager recommended that he be authorized to enter info a Right of Entry Agreement with Norfolk Southern Corporation for the Railroad's property along Norfolk Avenue between Jeffereon Street and Second Street, S. W., with reasonable conditions as determined by the City Manager and as approved by the City Attorney, to allow the City, or its representatives, to have access to private property for purposes of conducting the Phase II environmental assessment of such property, in order to determine the environmental condition and suitability of the property for the Railside Linear Park Project. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (#33789-042098) AN ORDINANCE authorizing the proper City officials to enter into a right-of-entry agreement with Norfolk Southern Corporation and its Operating Subsidiaries to allow the City to conduct a Phase II Environmental Site Assessment of property owned by the railroad, in connection with the Railside Linear Park Project, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 450.) Mr. Trout moved the adoption of Ordinance No. 33789-042098. The motion was seconded by Mr. Harris and adopted by the following vote: 1' 361 AYES: Council Members White, Wyatt, Harris, Parrott, Swain, I Trout and Mayor Bowers 7. NAYS: None . .. 0. Mr. James L. Leonard, 1935 Hope Road, S. W., advised that if it is necessary to conduct an environmental site assessment on the property owned by Norfolk Southern Corporation, he would request the same protection for his property located at 127 Norfolk Avenue, S. W. Following discussion, it was the consensus of Council that the matter would be referred to the City Manager and the City Attorney to meet with Mr. Leonard to discuss his concerns. DIRECTOR OF FINANCE: BUDGET-HOUSING/AUTHORITY-COMMUNITY PLANNING: The Director of Finance submitted a written report advising that by agreement with the City of Roanoke, the Roanoke Redevelopment and Housing Authority (RRHA) 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 the sale of land and by receiving loan repayments from project area residents; and the Housing Authority is required to transfer program income to the City of Roanoke who, in turn, is required to use the income for community development activities. It was further advised that the Housing Authority has made payments to the City, in the amount of $267,331.00, from March 1, 1997 through March 31, 1998 for program income in excess of income estimates previously appropriated; and the City has received the following miscellaneous program income: $309,597.00 from Hotel Roanoke, L.L.C. for loan repayment of the $6,000,000.00 Section 108 loan from the U.S. Depa,b,~ent of Housing and Urban Development; and $4,131.00 in other program income relating to other loan repayments, which is the difference between what was previously appropriated and actually received. 362 ACTION: The Director of Finance recommended that Council appropriate $58t,059.00 in unanticipated program income, aa follows: Unprogrammed CDBG - RRHA Unprogrammed CDBG - Land Sale Unprogrammed CDBG - Other Unprogrammed CDBG - Section t08 Loan Repayment Unprogrammed CDBG - RRHA Unprogrammed CDBG - Land Sale $ 61,785.00 62,425.00 4,131.00 309,597.00 95,149.00 47,972.00 (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33790-042098) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 451.) Mr. Trout moved the adoption of Ordinance No. 33790-042098. 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: None 0. REPORTS OF COMMITTEES: CITY MARKET-BUDGET: 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 repair, replacement and renovations to the City Market Building, and recommended ~at 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 U.S. Construction Co. of Roanoke for Bid Item 1, Replacement of the Wood Windows in the City Market 363 ACTION: Building, in accordance with contract documents as prepared by the Office of City Engineer, in the amount of $140,598.00 and a construction time of 120 consecutive calendar days; Appropriate $140,598.00 from 1997-98 CMERP to an account to be established in the Capital Projects Fund entitled, "Renovate City Market Building"; and Reject Bid Itsn~ 2, 3, and 4 of the Bid Form, as wall as the other bids received; the remaining portions of the project, Bid Items 2 and 3, will be m-advertised for bids with funding in FY98 - 99. 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: (~33791-042098) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 453.) Mr. Parrott moved the adoption of Ordinance No. 33791-042098. 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 .... O. Mr. Parrott offered the following emergency ordinance: (#33792-042098) AN ORDINANCE accepting the bid of U. S. Construction Co. of Roanoke, and awarding a contract for bid Item No. 1, replacement of the wood windows in the City Market Building, 364 ACTION: upon certain terms and conditions; authorizing the proper City officials to execute the necessary contract for the work; rejecting all other bids made for bid Item Nos. 1, 2, 3 and 4; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 454.) Mr. Parrott moved the adoption of Ordinance No. 33792-042098. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Whito, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers. 7. NAYS: None 0. PUBLIC WORKS-FLOOD REDUCTION/CONTROL: Council Member John H. Parrott, Chairperson, Bid Committee, prssentod a wHttsn report on behalf of the Committee, in connection with bids received by the City for the Garden City Demolition Project. It was advised that following the opening of bids for the project, it was discovered that all waste from City projects must be disposed of atthe Roanoke Regional Landfill, unless otherwise required by law; this requirement had not been stated in project specifications and not all bidders included the costs associated with this requirement in their bids; bidders who had not planned to use the Regional Landfill stated that this requirement would increase the cost of their bids; and due to this new requirement, it was decided to revise the contract documents and rebid the project, which has been done. The Bid Committee recommended that the City Manager be authorized to reject all bids in order to revise contract disposal requirements and approve rebidding of the project. 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 resolution: 365 ACTION: (#33793-042098) A RESOLUTION rejecting all bids for the Garden City Demolition Project. (For full text of Resolution, see Reeolut~on Book No. 60, page 455.) Mr. Pan'off moved the adoption of Resolution No. 33793-042098. 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. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PURCHASE/SALE OF PROPERTY-APPALACHIAN REGION- WATER RESOURCES: Ordinance No. 33767, authorizing execution of an offer to sell an easement and the subsequent dccd of easement granting to the United States of America an 82?.31-acre easement for the Appalachian Trail across City-owned property known as the Carvins Cove Reservoir Watershed, for a consideration of $325,000.00 ($392.84 par acre), upon certain terms and conditions, as more particularly set forth in a report of the Water Resources Committee dated April 6, 1998, having previously been before the Council for its first reading on Monday, April 6, 1998, 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: (#33767-042098) AN ORDINANCE authorizing the execution of an offer to sell easement and the subsequent deed of easement granting to the United States of America an 827.31-acre easement for the Appalachian Trail across the City-owned property known as the Carvins Cove Reservoir Watershed, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 436.) 366 ACTION: ACTION: Mr. Harris moved the adoption of Ordinance No. 33767-042098. The motion wes 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 SPECIAL PERMITS-WATER RESOURCES: Ordinance No. 33775, granting · revocable license to Hong Ki Min for construction of · marquee above the entrance to an existing building, (Corned Beef and Company), encroaching approximately ten feet six inches over and into airspace over the public sidewalk right-of-way along the front of the building located at 109 South Jefferson Street, Official Tax No. 1011126, upon certain terms and conditions, having previously been before the Council for its first reading on Monday, April 6, 1998, 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: (#33775-042098) AN ORDINANCE granting a revocable license for the construction o.f a marquee above the entrance to an existing building, encroaching.ap.proximately 10' 6" inches over and into airspace over the public sidewalk right-of-way along the front of the building located at 109 Jefferson Street, Official Tax No. 1011126, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 436.) Mr. Harris moved the adoption of Ordinance No. 33775-042098. 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. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: 367 PAY PLAN-BUDGET-CITY EMPLOYEES: Prior to 1998-99 budget I study, Vice-Mayor Wyatt requested specific infomlation with regard to the proposed merit increase for City employees of 4% based on the 2.5% increase in the pay plan structure, i.e.: a breakdown on the smallest percentage increase, the highest percentage increase, intermediate level increases, and the number of employees in each level. LEGISLATION-REFUSE COLLECTION: Council Member Swain inquired as to the legality of enacting legislation requiring property owners to remove trash from pHvata property; whereupon, the City Manager advised that City staff will research the matter and advise Council accordingly. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: At 4:25 p.m., the Mayor declared the meeting in recess. At this point, the Mayor left the meeting. At 4:45 p.m., the meeting reconvened in ..the Council Chamber, with Vice-Mayor Wyatt presiding, and all Members of the Council in attendance, with the exception of Mayor Bowers. 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 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 White, Wyatt, Harris, Parrott, Swain and Trout ....... 6. NAYS: None 0. (Mayor Bowers was absenL) 368 ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-TRANSPORTATION SAFETY: The Vice-Mayor advised that there is a vacancy on the City of Roanoke Transportation Safety Commission created by the resignation ofW. W. S. Buffer, III, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Jerry W. Caldwell. There being no further nominations, Mr. Caldwell was appointed as a member of the City of Roanoke Transportation Safety Commission, for a term ending October 31, 2000, by the following vote: FOR MR. CALDWELL: Council Members White, Wyatt, Harris, Parrott, Swain and Trout 6. (Mayor Bowers was abeenL) OATHS OF OFFICE-COMMITTEES-ARCHITECTURAL REVIEW BOARD: The Vice-Mayor advised that there is a vacancy on the Architectural Review Board created by the ineligibility ofW. L. Whitwell to serve another term, and called for nominations to fill the vacancy. Mr. Trout. placed in nomination the name of Alison S. Blanton. There being no further nominations, Ms. Blanton was appointed as a member of the Architectural Review Board, for a term ending October 1, 2001, by the following vote: FOR MS. BLANTON: Council Membem White, Wyatt, Harris, Parrott, Swain and Trout 6. (Mayor Bowers was absent.) At 4:50 p.m., the Vice-Mayor declared the meeting in recess until 7:00 p.m. .. On Monday, April 20, 1998, 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, Mayor Bowers presiding. 369 PRESENT: Council Members William White, Sr., Linda F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout and Mayor David A. Bower, 7. ABSENT: Nono,., J 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 reconvenad meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT-SPORTS ACTIVITIES-PARKS AND RECREATION: The Mayor recognized the Williamson Road Recreation Club's Lady Hornets basketball team, champions, Roanoke City Parka and Recroa§on Depa,b,ent, Girl's Little League. He advised that the team had a season record of 104), which championship earned them an invitation to the Virginia Recreation and Parks Society Southwest Regional Tournament on March 21 and 22, 1998, in Wytheville, Virginia; and with a tournament record of 5 and 1, the Lady Hornets finished with an overall season record of 15-1. ROANOKE MEMORIAL HOSPITALS-LEASES-AIR RIGHTS: Pursuant to notice of advertisement of bids for lease of air rights over a portion of Crystal Spring Avenue between McClanaban Avenue and Evans Mill Road, S. W., for a term of 60 years to provide su~cient area and space for construction of a parking garage, said bids to be received in the City Clerk's Office until 4:30 p.m., on Monday, April 20, 1998, the matter was before the body. Legal notice was published in The Roanoke Times on March 22, March 29, April 5 and April 12, 1998. 370 ACTION: (See publisher's affidavit on file in the City Clerk's Office.) The Mayor inquired if there were persons present who had .questions with regard to the opening of the bids. T.here being .none, he mstructad the City Clerk to proceed with the open,ng of the b,ds. The City Clerk advised that one bid had been received from CHS, Inc., in the amount of $75,600.00 for a one-time rental payment, commencing on May 14, t998 and ending on May 13, 2058. (For full text, see bid on file in the City Clerk's Office.) Mr. Trout moved that the bid be received and filed. The motion was seconded by Mr. Swain and unanimously adopted. pUBLIC HEARINGS: ROANOKE MEMORIAL HOSPITALS-LEASES-AIR RIGHTS: Pursuant to action taken by Council on the City Clerk having adveCdsed a public hearing for Monday, April 20, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to adoption of an ordinance to grant the lease of air rights over a portion of Crystal Spring Avenue between McClanahan Avenue and Evans Mill Road, S. W., for a term of 60 years, to provide sufficient area and space for construction of a parking garage, the matter was before the body. Earlier in the meeting, the City Clerk opened and read the bid received by the City from CHS, Inc., for the above-described lease of air rights, in the amount of $75,600.00, for a one-time rental payment commencing on May 14, 1998 and ending on May 13, 2058. Legal advertisement of the public hearing was published in ~ on Sunday, March 22, 1998, Sunday, March 29, 1998, Sunday, April 5, 1998, and Sunday, April 12, 1998. (See publisher's affidavit on file in the City Clerk's Office.) Mr. Trout moved that the following ordinance be placed upon its first reading: 371 (#33794) AN ORDINANCE authorizing a lease between the City of Roanoke and CHS, Inc., for the lease of certain airspace over Crystal Spring Avenue, S. W., between McClanahan Avenue, S. W., and Evans Mill Road, S. W., in the City, for a term of sixty years. (For full text of Ordinance, see Ordinance Book No. 60, page 456.) 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. There being none, Ordinance No. 33794 wes adopl~cl, on ite first reading, by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: None O. STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, April 20, t998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Sharon K. Burnham and Joseph W. H. Mott that those certain areas consisting of two parcels of land, being a .06 acre parcel located adjacent to Official Tax Nos. 1260321 and 1260118 on Oakwood Drive, S. W., and a 0.4 acre parcel located adjacent to Official Tax No. 126032% as shown on the Map of Oak Hill Subdivision, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, April 2, 1998, and Thursday, April 9, 1998, and in the Roanoke Tribune on Thursday, April 9, t998. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the applicants own property described as Official Tax No. 1260321, which currently has only 9.9 feet of street frontage; the property is zoned RS- 3, which requires a minimum of 50 feet of street frontage; and a street 372 opening permit was issued by the City on July 17, 1996, to allow installation of a driveway from the residence through parcel 2, to establish a connection with Oakwood Drive, S. W., was before Council. It was further advised that the unnamed strsst (Parcel 1) has never been developed, used or maintained by the City for any public purpose; and Parcel 2, which also has never been developed, used or maintained by the City for any public purpose, is currently being used by the applicants for private driveway purposes. The City Planning Commission recommended that Council approve the request, subject to the following conditions: The applicant shall submit to the Agent for the City Planning Commission, receive approval thereof and record a subdivision plat in the Office of the Clerk of Circuit Court, said plat combining all properties which 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, and retaining appropriate easements, together with the right of public passage over same, for installation and maintenance of any and all existing utilities that may be located within the right-of-way; The applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of the enabling ordinance for recordation in the Deed Books of the Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation; The applicant shall, upon a certified copy of the enabling ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, in the Deed Books of said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred; 373 The City Engineer shall, upon receiving the afore- I mentioned Clerk's recei mark" - ,, ·. pt, permanently vacat~J, on sa,o public right-of-way on all maps and plats on file ,n his offce on which said right-of-way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein the enabling ordinance shall be spread; and If the above conditions have not been met within a period of six months from the date of adoption of the enabling ordinance, said ordinance shall be null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) Petitioners, Sharon K. Bumham and Joseph W. H. Mort, appeared before Council in support of the request. ACTION: Mr. Trout moved that the following ordinance be placed upon its first reading: i . . (~.33795) AN ORDINANCE permanently vacatin , discontinuin .... g g ano c,oa,ng certa,n publ,c r,ght-of-way ,n the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 60, page 457.) 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. There being none, Ordinance No. 33795 was adopted, on its first reading, by the following vote: Trout NAYS: None (Mayor Bowers abstained from voting.) AYES: Council Members White, Wyatt, Harris, Parrott, Swain and 6. 374 STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having adverl~ed public hearing for Monday, April 20, 1998, 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 all of 10% Street, S. W., and · 10 foot alley lying parallel thereto be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in ~ on Thursday, April 2, 1998, and Thursday, April 9, 1998, and in The Roanoke Tribun,~ on Thursday, April 9, 1998. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that Habitat for Humanity in the Roanoke Valley, Inc., is a humanitarian organization dedicated to providing home ownership for persons with Iow to moderate incomes; the organization previously submitted to the City a preliminary plan which the City has tentatively approved fora planned community development to be located on the southerly side of Jackson Avenue, S. W., and bounded by 10th Street to the east and 12th Street to the west; the development plan proposes to redesign and relocate the alignment of public street access within the area of this planned community development which is necessary to accommodate the proposed number of residential dwellings to be constructed within the proposed community development project area; and street realignment and relocation will require the closure and permanent vacation of an undeveloped section of 10% Street and one section of an undeveloped alley which ars located within the boundaries of the proposed development project, was before Council. The City Planning Commission recommended that Council approve the request, subject to the following conditions: The applicant shall submit to the Agent for the City Planning Commission, receive approval thereof, and record a subdivision plat in the Office of the Clerk of Circuit Court for the City of Roanoke, said plat combining all properties which 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 375 consistent with law, and retaining appropriate easements, I together with the right of public passage over sam. e, .for in.s.~llation and maintenance of any .and all ex,sting utihties that may be located within the right-of-way. The applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of the enabling ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. The applicant shall, upon a certified copy of the enabling ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, in the Dc. cd Books of said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. The City Engineer shall, upon receiving the afore- mentioned Clerk's receipt, mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein the enabling ordinance shall be spread. If the above conditions have not been met within a period of six months from the date of adoption of the enabling ordinance, said ordinance shall be null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Trout moved that the following ordinance be placed upon its first reading: 376 (#33796) AN ORDINANCE permanently vacating, discontinuing and closing certain public fight-of-way in. the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 60, page 459.) 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 matter. There being none, Ordinance No. 33796 was adopted, on its first reading, by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 7. NAYS: None CITY CODE-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, April 20; t998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Ute Roanoke to amend Section 36.1-710, Zoning, Cede of the City of City of Roanoke (1979), as amended, by adding a new subsection (c), to provide for reimbursement or refund of certain fees and charges under certain justifiable conditions, the matter was before the body. Legal advertisement of the public hearing was published in ~]9~IQ~.L~]~ on Thursday, April 2, 1998, and Thursday, April 9, 1998, and in The Roanoke Tribune on Thursday, April 9, t998. (See publisher's affidavits on file in the City Clerk's Office.) The Director of Finance requested that the matter be withdrawn inasmuch as it had not gone through the standard City administrative review process. Without objection by Council, the Mayor advised that the item would be withdrawn from the agenda. 377 SCHOOLS: The Mayor advised that on June 30, 1998, the terms I of office of Harry F. Davis and Melinda J. Payne as Trustees of the Roanoke City School Board will expire. In order to fill the vacancies in compliance with Chapter 9, Education, of the Code of the City of Roanoke, 1979, as amended, Council must take certain actions. 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 Clerk advertised a public hearing to be held on Monday, April 20, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber; whereupon, the matter was before the body. The Mayor explained 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 must hold a public hearing to receive the views 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 on Tuesday, April 9, 1998, and in The Roanoke Tribune on Thursday, April 9, 1998. (See publisher's affidavits on file in the City Clerk's Office.) The Mayor advised that on Monday, April 6, t998, Council selected the following persons to be accorded the public interview on Thursday, April 23, 1998, at 6:00 p.m., in the City Council Chamber, for appointment to the Roanoke City School Board for two three year terms of off, ce, commencing July 1, 1998 and ending June 30, 2001: David W. Davis Harry F. Davis Daniel G. Oakey Melinda J. Payne Ruth C. WrJllson 378 Since 22 persons had registered to speak, the Mayor requested that each speaker limit their remarks to two minutes. Th9 followina persons endorsed the candidacy of David W. Davis: Esther Ciraaunda, 436 Arbutus Avenue, S. E. Tim Goad, 110 Mountain Avenue, S. W. Nina Davis, t33 South Hampton Drive, Vinton, Virginia The followina_ oersons endorsed the candidacy of Harry F. Davis: Cynthia Shelor, 1620 Sixth Street, S. W. Wanda Musgrove, 2219 Sherwood Avenue, S. W. Walter McCully, 3226 Peakwood Drive, S. W. Alice Lambdon, 30t4 Guilford Avenue, S. W. George McMillan, 6034 Oakleigh Avenue, S.W. ~ William Kinzie, 2345 Idavere Road, S. W. Esther Cirasunda, 436 Arbutus Avenue, S. E. Karo Moore, 514 McDowell Avenue, S. W. Suzanne Moore, 2246 Denniston Avenue, S. W. Tim Goad, 110 Mountain Avenue, S. W. Nina Davis, 133 South Hampton Drive, Vinton, Virginia Gloria Randolph King, 4473 Ben Street, S. W. Th9 followino oersons endorsed the candidacy of Daniel G. Oakev: Cynthia Shelor, t620 Sixth Street, S. W. Katherine Houck, 3036 Bancroft Drive, S. W. 379 Clark Cole, 2906 Spring Road, S. W. The followino Demons endorsed the candidacy of Melinda J. PaYne: Jamie C. Payne, 301 Rutherford Avenue, N. W. Amy Barger, 3579 Hartland Road, S. W. Marilyn Curds, 1718 Jersey Avenue, N. W. The following persons endorsed the candidacy of Ruth C. Will~Qn: Cynthia Ries, 3631 Psskwood Drive, S. W. Mary Gandee, 3271 Allendale Street, S. W. Robert Turcotte, 1890 Arlington Road, S. W. Sue Gaylor, 2804 Kennedy Street, N. E. Marsha Combs, 3627 Dogwood Lane, S. W. OTHER HEARING OF CITIZENS: SPECIAL EVENTS-FESTIVAL IN THE PARK: Mr. William Hudson, 502 Walnut Avenue, S. W., addressed Council with regard to Festival in the Park and Roanoke's First Night activities. According to his research, he advised that the City of Roanoke is the only City in the United States and Canada that does not pay its musicians for performing in these events, and requested an explanation. The Mayor suggested that the matter be referred to the City Manager and the City Attorney to meet with Mr. Hudson to discuss his concems. BUDGET-SPECIAL EVENTS: Mr. Gary Foutz, 102 Hounds Chase Lane, S. W., addressed Council in connection with the resignation of Pearl Fu, Coordinator, Roanoke's Local Colors Program. He spoke in support of the City including funds in the budget to compensate Ms. Fu for her services. 380 Without objection, by Council, the Mayor advised that Mr. Foutz's remarks would be rece,ved and filed and referred to 1998-99 budget study. There being no further business, the Mayor declared the meeting adjoumed at 8:45 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 381 COUNCIL PUBLIC INTERVIEWS OF SCHOOL BOARD APPLICANTS April 23, 1998 6:00 p.m. The Council of the City of Roanoke held public interviews with five candidates for the position of School Board Trustee on Thursday, April 23, 1998, at 6:00 p.m., in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding. PRESENT: Council Members C. Nelson Harris (left the meeting at 6:40 p.m.), John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., and Mayor David A. Bowers S. ABSENT: Vice-Mayor Linda F. Wyatt OFFICERS PRESENT: 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. SCHOOLS: The Mayor advised that on June 30, 1998, the terms of office of Harry F. Davis and Melinda J. Payne as Trustees of the Roanoke City School Board will expire, and the purpose of the meeting is to interview five candidates for the upcoming vacancies. The Mayor called attention to the following actions which were taken by Council, pursuant to provisions of Chapter 9, ~AdU_C, AU_Q~, Code of the City of Roanoke (1979), as amended: At regular meetings of the City Council held on January 20 and February 2, 1998, Council announced its intention to elect Trustees of the Roanoke City School Board for three year terms commencing July t, t998 and ending June 30, 2001. Advertisements were placed in The Roanoke Times and in the Roanoke Tribune inviting applications for the upcoming vacancies. Five applications were received in the City Clerk's Office prior to the deadline on Tuesday, March 10, 4,998, at 5:00 p.m. 382 On March 16, 1998, at 6:00 p.m., Council held a reception with the candidates which was open to the public. On March 16, 1998, at 7:00 p.m., Council, as a Committee of the Whole, reviewed and considered all applications. At the regular meeting of City Council on Monday, April 6, 1998, at 2:00 p.m., Council voted to interview David W. Davis, Harry F. Davis, Daniel G. Oakey, Melinda J. Payne and Ruth C. Willson. A notice was published in The Roanoke Times on Thursday, April 9, 1998, inviting attendance at a public hearing to be held by City Council on Monday, April 20, 1998, 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 Thureday, April 16, 1998; 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; and Section 9-21, Public Interview of Candidates. of the Code of the City of Roanoke (t979), as amended, provides, in part, that interviews of the candidates shall take. place in an order deemed appropriate.by City Council; I whereupon, the Mayor adv,sed that the City Clerk had scheduled interviews in the e following order: 6:00 p.m. - Daniel G. Oakey 6:30 p.m. - David W. Davis 7:00 p.m. - Harry F. Davis 7:30 p.m. - Melinda J. Payne 8:00 p.m. - Ruth C. Willson Mayor Bowera pointed out that each candidate would be given the opportunity to make an opening steatement of not more than five minutes, and thereafter, Council would ask such questions, as Council, in its discretion, deems advisable. He explained that five interviews would be held and each interview would consist of approximately 30 minutes, and after each interview was completed, the candidate could leave the Council Chamber inasmuch as no action would be taken by Council on this date. He further noted that all interviews would be taped by Roanoke Valley Television, RVTV Channel 3, to be televised on April 24, 1998, at 2:00 p.m., and 7:00 p.m., April 27, 1998, at 8:00 p.m., and May 4, 1998, at 8:00 p.m. 383 In conclusion, the Mayor advised that on Monday, May 11, t998, at 2:00 p.m., I or as soon thereafter as the matter may be considered, the Council will hold an election to fill the two vacancies on the Roanoke City School Board for terms commencing July 1, 1998, and ending June 30, 2001. Th9 first Derson to be interviewed was Daniel G. "Bud" Oakev. Mr. Oakey advised that he is applying for the position of School Board Trustee because of his interest in his five children who are currently enrolled in five different Roanoke City Schools. He stated that he moved back to Roanoke in 1988, having moved away 15 years previously in order to obtain job experience, with the goal of returning to Roanoke. He added that he would like for his children to have career opportunities that would allow them to remain in the Roanoke Valley. He stated that Roanoke'e educational infrastructure is one of the most important economic development assets of the City, and without that educational infrastructure, the City will fail. He further stated that it is important to understand that RDenoke's children are the customers for the product that the City is selling, which is an education that will allow Roanoke's children to move forward in life in a productive fashion through meaningful employment with growth opportunities. He advised that it is important to ensure that students lesm and retain what they lesm, and that they not only stay in school but that they gain the knowledge that will be necessary to compete in a global economy. He explained that Roanoke City has expensive and valuable resources in its school systam and those resources need to be used to their highest level. He suggested that school facilities be evaluated to determine where they fit into the continuing education mix because they could provide a location for special tutoring needs or continuing education courses, and that a neighborhood education program be developed that addresses how schools may be used in non-traditional ways. He added that a great deal of time is spent in communities discussing neighborhood revitalization, and an excellent way to strengthen Roanoke is to make the schools the central point of the neighborhood. He stated that if the Roanoke community is to continue to grow, its focus must be on its children. CQun¢il Member Harris asked the following ouestion: Given the current membership of the Roanoke City School Board and given the other applicants who have applied for a position on the School Board, what would you bring to the table that would be unique and would allow you to have a different perspective? Mr. Oakey advised that being the parent of five children gives him a unique perspective on the needs of children. He stated that what uniquely sets him apart from the field of candidates is that because of his profession, he has the opportunity 384 1 to promote the Roanoke region, especially from an economic development .standpoint, and his position has afforded him the oppo .r~.nity to underetend what I ,s expected of the school system in preparing the ch,ldren whether they are .! graduating from high school and going to work, or attending a vocational technical program, or a community college, or a state college or university. He stated that businesses are looking for students who are better prepared in reading, writing and arithmetic skills, who are computer literate, etc. He added that there is a strong nccd for trades skills, such as plumbers and electricians, etc. Because of his job experience, he stated that he will bring a resource to the position of School Trustee that will help the School Board to make better policy decisions and help students to be more competitive. He added that there is not enough of that broader experience or background currently existing on the School Board. Mr, parrott asked the followino auestion: As a member of the School Board, how would you address the discipline situation? By being a parent, Mr. Oakey responded that he has learned that children respond to discipline, but a discipline program must be consistent and fair. He explained that parents of Roanoke City School students are requested to sign an agreement with the school system and to follow certain guidelines, however, it is critical that teachers enforce those guideline.s fairly and consistently in order for them to work. He stated that he does not bel,eve that a disruptive student should be in the classroom, but should be removed quickly and informed that they will not be allowed to return to class that day. He added that Roanoke does not have a large number of problem students, but the disruptive child must understand what the expectation is, that the problem will not be tolerated, and teachers, principals and administrators must administer the discipline program fairly, effectively and consistently. Council Member Swain asked the followina_ a_uestions: Accountability as defined by some persons in the field of education is an exercise to place the blame on teachers for all of the shortcomings in the school system. If you find this to be the situation, what would you do to place the responsibility on those persons who are in charge of the school system? Mr. Oakey advised that accountability comes back to the parents, and parents cannot say that it is the fault of the teacher when a child gets out of line. He stated that the School Board is beginning to review improvements to the accountability system, whether it be grades or disciplinary problems, but programs also need to 385 be developed that will bring people together. He added that he believes in certain total quality management principles, but in total quality management, persons perform to expectations, and if a plan does not work, the expectation might not have bccn made clear. He explained that one of the problems in the school system is that expectations are not clear as far as what is expected of the students, and when those expectations ara clearly documented, the accountable figure can be held responsible. Some persons believe that the alternative education program is an exercise to warehouse kids and the program is aimless. If you find that to be the case, what would you do to improve the situation? Mr. Oakey advised that the alternative education program is not achieving successful rasult~ because Roanoke's reading scores ars in the 27 per cent tile, math scores ara in the 17 per cent tile, and language scores ara in the 22 per cent tile which is not good enough, therefor, the alternative education program houses students for the day and student test scores reflect that. He explained that the abovelistod test scores are included on the Internet for all to see and anyone who looks at the Roanoke community as a prospective new business location will be influenced by the Iow test scores. He stated that something needs to be done to be proactive through an audit of current programs, by identifying what is and what is not working, and by reviewing successful programs of other localities in an effort to model Roanoke's programs after those programs. Mr. Trout asked the followino_ ouestion: As a School Board Trustee, how would you improve parental and community involvement in the School system? Mr. Oakey advised that some parente will not be involved regardless of the situation, but there ara success stories all across the country where teachers have had an influence on children. He stated that the School system is working with the YMCA on the After Care Program which should be initiated in every elementary, middle and high school that will enable the child to receive tutorial help or participate in a sports program. He advised that programs should be developed that can be underwritten, by users, such as the gymnasium st Breckinridge Middle School, and ravenuss generated from those programs could be used to help offset the cost of additional programs. He stated that it is a known fact that most of the crime committed by teenagers occurs between the hours of 3:00 p.m. and 5:00 p.m., when they ara not in school, and parents are not at home and if a school-type 386 environment could be provided during those hours, the situation might be improved. He noted that Roanoke has a good infreetructure system that could be better utilized. He advised that some of the parents need to be given pride in order to move ahead, with an established plan and goal to reach the desired objective. Mr. White =_-_ked the followino aueetion: What do you perceive as the major strengths and the major weaknesses of the School system, and, if appointed to the School Board, what would you do to amplify the strengths and to reduce the weaknesses? Mr. Oakey advised that the major strength of the school system is the students, followed by teachers and administrators, but they must be given the necessary resources in order to move forward. He stated that if the students are provided with the necessary resources to compete and the teachers are provided with the necessary tools, the students will excel because the school system is selling knowledge to children to compete in the real world. He added that a significant weakness is that school officials have stated that the drop-out rate will be improved, but they have not stated a specific goal. The Mayor asked the followin_a aueetion: What is your assessment of Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools? Mr. Oakey advised that he has worked closely with Dr. Harris and in doing so has found him to be open to those things that he might not wish to hear which is a positive trait. He stated that as a member of the School Board, he would work closely with other members of the Board to develop a long range vision for implementation by the Superintendent. He added that people perform to expectations and if the expectations ara not clear, performance results will not be desirable. He advised that the School Board must insure that it is providing Dr. Harris with clear expectations and he would expect those expectations to be far reaching and long term. He stated that he found it difficult to find too many faults with Dr. Harris because he has been an asset to the School system and he has been accessible to everyone involved. The second r)erson to be interviewed was David W. Davis. Mr. Davis advised that he feels a sense of duty to the School system of the City of Roanoke since he will have a child enrolled in the system in approximately four years. He expressed concern about the lack of communication between the 387 School Board and School administrators and teachers, because communication must be the key for the school system to work. He stated that the School Board needs to meet with the teachers, teachers need to meet with parents, and parents need to meet with City Council, and if these communications are not occurring, the correct information is not being disseminated. He advised that he would not come to the position with a political agenda, but with a desire to improve communications and he would like to have the opportunity to help improve Roanoke'e School system. Council Member Harris asked the followina auestion: Given the current membership of the Roanoke City School Board and given the other applicants who have applied for a position on the School Board, what would you bring to the table that would be unique and would allow you to have a different perspective? Mr. Davis advised that he is a product of the Roanoke City School system from kindergarten to grade 12. He slated that he received a good education from the School system and he could relate his experiences to present day experiences in an effort to bridge the gap between students, School Board, parents, teachers and administrators. Council Member Harris left the meeting at 6:40 p.m. Council Member Parrott asked the followina_ auestion: As a member of the School Board, how would you address the discipline situation? Mr. Davis advised that there have always been disruptive students in the School system, which is one of the issues that teachers have to be trained to handle; however, drugs, gangs, etc., have no place in the schools and the School system should deal appropriately with those issues. He stated that children can be rehabilitated and educated, with the goal of improving their individual situations. He added that it would be his goal to initJate a plan of action to educate the disruptive child by .taking him out of the normal classroom, rehabilitating him, and reintroduc,ng him to the classroom. 388 Council Member Swain asked the followin._ ._uestio~-: Accountability as defined by some persons in the field of education is an exercise of placing the blame on teachers for all of the shortcomings in the School system. If you find this to be ate situation, what would you do to place the responsibility on those persons who are in charge of the School system? Mr. Davis advised that everyone is responsible - parents, teachers, administrators, School Board, City Council and the community, and no one can be completely to blame if the system fails the student by not giving them the proper education. He stated that he did not believe that any one par'dcular party should be held responsible, and if there ars children who ers failing, it is due to the shortcomings of all parties and those parsons should work as a unit to addrsse the problem. Some persons believe that the alternative education program is an exercise to warshouse kids and the program is aimless. If you find that to be the case, what would you do to improve the situation? Mr. Davis advised that a student will not loam if he does not have the desirs to learn, so the key is to determine what the student is interested in, and when they have reached the point whers everything else has failed, new ideas in education should be initiated. He stated that at that point, alternative delivery methods for educating should be investigated and once the learning process begins, it will be contagious and students will want to learn more. Mr. Trout asked the followin0 euestJorl~ As a School Board Trustee, how would you improve parsntal and community involvement in the School system? Mr. Davis advised that First Union National Bank provides parents with four hours par month of paid leave time to participate in the education of their childrsn and he wished more companies could offer that opportunity. He stated that those parents who participate in school activities have served a useful purpose, and for those parents who do not participate, the School system should stress the importance of education to not only the child, but to the parent and the community as a whole. 389 Council Member White asked the tollowina auesUon: What do you perceive to be the major strengths and the major weekneeses of the School system, and, if appointed to the School Board, what would you do to amplify the strengths and to reduce the weaknes~os? Mr. Davis advised that the major strength of the School system is its teachers and improving their salaries to the national average. He stated that he would ask the teachers to be more involved in the lives of students, by encouraging parental involvement in the classroom and participation in parent/tescher conferences. He added that it is important to determine why there is a high absenteeism rate and those questions should be raised with the parents. He stated that another weakness is the lack of communication between all levels of the School system and the apparent in-fighting that exists, with finger pointing that has no cause for what needs to be achieved. He advised that he would place an emphasis on the need for allowing students to have more input into the education process, which, in turn, would generate more interest in learning. The Mayor asked the followin_, ausstion: What is your assessment of Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools? Mr. Davis advised that the Superintendent has performed adequately with what he has had to work with, but communication between teachers and parents should be improved. He stated that the Superintendent has had communications with the School Board, but the School Board has been too accepting of his statements. He advised that School Board Trustees should not be "yes" men and women, because their purpose is to investigate what is going on in the School system, and if there are questions or concerns, they should be addressed in an open and approachable manner. The third hereon to be interviewed was Harry F. Davis. Mr. Davis expressed appreciation to Council for allowing him to serve on the School Board for the past two years. He advised that the City's future rests with the children; therefor, education is vitally important. He stated that if the Roanoke Valley is to grow into the next century, the City must have an educated population, and Roanoke will be unable to attract new businesses if it does not have the proper workforce. He further stated that it is also important for student test scores to improve. He explained that if reappointed to the School Board, he has several concerns, one of which is vocational education, because the School system is not 390 doing enough in that area. He also expressed concem with regard to the alternative education program, and advised that if the School system looses one child, that is one child too many; however, there is a slight possibility that that child will be a good citizen, but in reality, it is known that the odds are against the child. He stated that he has not completed his task on the School Board and he would like the opportunity to serve another tsrm. He further stated that as a School Board Trustee, he has requested and required strict financial accountability because the day will come when the School Board will ask Council for more money, and, as one member of the School Board, he would not went to ask Council for more funds unless he is convinced that all funds have been spent to the absolute maximum. As a School Board Trustee, he stated that he saved the taxpayers of the City of Roanoke $25,000.00 last year, and he was instrumental in earning over $100,000.00 in investments for the School system this year. On behalf of Council Member Harris. Mr. Parrott asked the followino_ o_uestioll: Given the current membership of the Roanoke City School Board and given the other applicants who have applied for a position on the School Board, what would you bring to the table that would be unique and would allow you to have a different perspective? Mr. Davis advised that he would bring an accounting background to the School Board since he has devoted the majority of his career to accounting, data processing, and investments. Council Member Parrott asked the followinu ouestion: As a member of the School Board, how would you address the discipline situation? Mr. Davis advised that Roanoke City must recognize that it has a discipline problem, although there is no school system in the state that does not have discipline problems. He called attention to a law passed by the General Assembly that teachers should have more input as to when the disruptive child is asked to leave the classroom and when that child may return. From the School Board point of view, he advised that teachers, principals and administrators need to be better educated in classroom management, because discipline must be administered consistently every day. 391 Council Member Swain asked the followino aueetions: Some persons believe that the altemative education program is an exercise to warehouse kids and the program is aimless. If you find that to be the case, what would you do to improve the situation? Mr. Davis advised that there must be discipline in the schools and it must be addressed by the community, parents, and the School Board. He stated that some students in the alternative education program ars there because they have a discipline problem, but some students ars there because they ars unable to function within the same realms as other students. He noted that alternative education programs for middle school and high school students should be located at different sites with enforcement of rigorous programs and strict rules such as the way a student dresses and conducts himself. He added that instead of each school having its own in-~chool suspension program, there should be one location with transportation provided by the School system. Accountability as defined by some persons in the field of education is an exercise of placing the blame on teachers for all of the short, comings in the School system. If you find this to be the situation, what would you do to place the responsibility on those persons who ars in charge of the School system? Mr. Davis advised that it is unfair that teachers receive all of the blame, because accountability must come from the top. He stated that Roanoke City has some of the finest teachers in the Roanoke Valley, and it is unfortunate that teachers sometimes serve as the scapegoat. Council Member Trout asked the followin_u nuestion: As a School Board Trustee, how would you improve parental and community involvement in the School system? Mr. Davis advised that it may be necessary to educate the parents because approximately 30 per cent of the people in the Roanoke Valley cannot read or write beyond the third grade. He called attention to the need to identify areas where the parents may be weak, and endorse pa,b,erships with groups such as Literacy Volunteers. He stated that parents should be encouraged to attend Parent-Teacher meetings, conferences, planned activities, and child cars at such activities could be offered as an additional incentive. 392 Council Member White asked the followina ausstion: What do you pemeive to be the major strengths and the major weaknesses of the School system, and, if appointed to the School Board, what would you do to amplify the strengths and to reduce the weaknesses? Mr. Davis advised that one of the strengths of the School system is classroom technology, and called attention to a strong technical preparation program which enables a student to take the necessary courses while taking vocational education classes. He noted that the business community has been invited to provide input as to their requirements so that a program can be developed to support the needs of the business community. He stated that a weakness of the School system is in vocational education because not every student will go to college. The Mayor asked the followin._ auesfion: What is your assessment of Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools? Mr. Davis advised that as an educator, Dr. Harris is very knowledgeable. He stated that the one criticism he has had of the Superintendent is that he should question what he is told rather than accept the information as presented. He advised that persons are appointed to the School Board because they have certain expertise and School administmtore should draw on that expertise, which does not always take place with the current School administration. The fourth oerson to be interviewed was Melinda J. Piayn~ Ms. Payne advised that she is a life-long resident of the Roanoke Valley, and she is seeking another term on the School Board because she cares about the children of Roanoke and she has gained valuable experience and knowledge about the School system during the past three years. She stated that in addition to her three years of learning, she has a desire to continue to learn, and to continue to apply her knowledge to making the School system even better. She added that over the past three years, she has displayed qualities that are beneficial to the School system - she is fair minded, positive, willing to learn, willing to work hard, and has no fear of asking difficult questions when they need to be raised. She stated that she sees every challenge as an opportunity for improvement and the School system has experienced some challenges this year. She added that Roanoke has an excellent system of education and she is proud of what the School system has accomplished. She explained that with Council's support, the School Board has modernized seven elementary schools and with the coming school year, the final i 393 phase of the middle school renovation plan will begin. She stated that one of the greatest challengee facing all schools in the Commonwealth of Virginia now and in the future is the new standards of learning accreditation and the most difficult challenge will be to fully inform the citizenry of the intricacies of these new standards. She added that she is familiar with the standards of learning and whet it will take to insure that Roenoke's system is successful. She stated that as a School Board member who has been involved in the initial unveiling of these new standards of learning, ehe would like to be afforded the opportunity to see the system move forward. She advised that she is proud of the work of the School Board, including raising teacher salaries to the national average and, aea School Board member, her first priority is to provide the best possible education for Roanoke's students. She requested that Council afford her the opportunity to continue to serve the students of the Roanoke City School System. Council Member Swain asked the followina_ auesUone: Accountability as defined by aome persons in the field of education is an exercise of placing the blame on teachers for all of the shortcomings in the School system. If you find this to be the situation, what would you do to place the responsibility on those persons who are in charge of the School system? Ms. Payne advised that teachers bear the brunt of a great deal of the pressures and teachers are blamed in some instances with the results of student test scores; however, she pointed out that the blame should start at the top. As a School Board member, she stated that she must ask, what is the administration doing, because ultimately the buck stops at the top, and it is the responsibility of administrators at the top to turn the situation around and to let teachers know what they expect and when there are shortcomings or a need for improvement teachers should be advised accordingly. She stated that the School Board has tried to find ways to let teachers know what is expected of them and the School Board has requested that School administrators help teachers to understand their roles and responsibilities. Some persons believe that the alternative education program is an exercise to warehouse kids and the program is aimless. If you find that to be the case, what would you do to improve the situation? Ms. Payne advised that there are persons who make blanket accusations when they do not know the truth, and perception is reality for some people. She expressed concern about the psrcept~on of some people about the programs at the Noel C. Taylor Learning Academy. She also expressed concern about the number of people of color who are enrolled at the Noel C. Taylor Learning Academy. She 394 stated that good programs do exist, the program is staffed by teachers who care, there may be some programs that are perceived to be of little use to students, but when the good is weighed against the bad, the goal of the program is to provide children with a road that will get them back on the straight and narrow. Council Member Trout asked the followina_ question: As a School Board Trustee, how would you improve parental and community involvement in the School system? Ms. Payne called attention to the need to educate parents. She stated that the Breckinridge Fitness Center has been a good concept because it has brought people back into the community and that concept is being expanded to Woodrow Wilson Middle School. She stated that there were 8000 volunteers in the schools last year and a program that will let parents know that the schools ara accessible to them will help improve parental involvement. Council Member White asked the followin_, questiOrl~ What do you perceive to be the major strengths and the major weaknesses of the School system, and, if reappointed to the School Board, what would you do to amplify the strengths and to reduce the weaknesses? Ms. Payne advised that one of the greatest strengths of Roanoke's School system is its programs which total 48 distinctive offerings that cause Roanoke City to be marketable with students from all over the Roanoke Valley. She stated that Roanoke City Schools have good and effective teachers who know what they ars doing, who cam about the children and want them to succeed which should be the goal of every classroom teacher. She stated that everyone wants to be paid appropriately for their services, and Roanoke City has reached that level, and it is now time for teachers to focus on those kinds of things that should be addressed. She added that a weakness is in Iow students test scores, and something should be done to prepare tsachere to work with students to help insure successful test score results. She added that the failure rate is approximately 20 per cent in the School system, which is one of the greatest challenges facing the School Board and the School administration. On behalf of Council Member Harris. Mr. Parrot asked the followina questioF: Given the current membership of the Roanoke City School Board and given the other applicants who have applied for a position on the School Board, what would you bring to the table that would be unique and would allow you to have a different perspective? 395 Ms. Payne advised that she has the ability to listen actively. She stated that she has her personal convictions and beliefs, but she prefers to listen to all of the information and then make her decision in the best interest of the majority. Council Member Parrot asked the followin_a auestion: As a member of the School Board, how would you address the discipline situation? MS. Payne called attention to the seriousness of discipline issues and advised that at the beginning of each school year students are furnished with the standards of behavior and school assemblies ars held impressing the need for all students to understand what constitutes expulsion from Roanoke City Schools. She stated that the School Board is firm and consistent in its policy of not tolerating guns, drugs and assaults on students and teachers. She added that a discipline committee has been appointed as a result of teacher concerns and the need to help people underetend what constitutes discipline issues and a report is proposed to be submitted in June. The Me_vor asked the followina_ aueetion: What is your aeeessment of Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools? Ms. Payne advised that Dr. Harris has the ability to work well with his administrative staff, the staff knows what is expected of Dr. Harris and they know what he would like to accomplish. She stated that some teachers believe that Dr. Harris is not as approachable as he should be and the School Board has discussed the matter with him. She added that Dr. Harris is very strong in the community and attends numerous community functions. She advised that his greatest asset is his role as a public relations person, and he has been working on opening the lines of communication between himeelf and teachers. She stated that Dr. Harris has been receptive to addressing problems in a timely fashion, and he keeps the School Board well informed of School-related matters. She advised that Dr. Harris' greatest asset is his community orientation, he makes numerous public appearances on behalf of the schools, he initiates new programs, and he tries to provide diversity throughout the School system by insuring that there is a good mix at all levels. :-. 396 The fifth rmreon to be interviewed was Ruth C. Willson. ... Ms. Willson advised that her experience, dedication and commitment to public education, the School system, the community and the City would be an asset to the Roanoke City Public Schools. She stated that she has worked to develop public interest and support of the goals of the School Board and she was instrumental in promoting the t997 Capital Improvement Bond Issue as Chairperson of the Advantage Roanoke Committee through the Roanoke Regional Chamber of Commerce. She advised that she has been accessible because she believes in the value of public education. Mr. Trout asked the followin_. ,ussfion: As a School Board Trustee, how would you improve parental and community involvement in the School system? Ms. Willson advised that beth parental involvement and community involvement will be important in improving the success of Roanoke's schools. She stated that any type of interaction between the parent and the child is called perental involvement, therefor, the first teacher that a child has is his perent, and the School system needs to have children with not only self-esteem but self-discipline. She called attention to the need for improvement in communication which should be more frequent and two-way, and telephone calls should be returned promptly both by teachers and parente. She explained that a way to improve the communication process would be through implementation of "Take Home Tuesday", on a City-wide basis, which is a program whereby parenta could expect to receive communications from the schools or the classroom teacher, or graded homework, or test results on each Tuesday. She stated that the best school attendance is on "Back to School Night", and perhaps a system-wide "Back to School Night" could be held every nine weeks which would give teachers an opportunity to talk with parente and to review classroom activities during the previous nine weeks as well as plans for the upcoming nine weeks, to showcase scholastic achievements, or to share parenting tips. She explained that schools need to be community centers such as the Breckinridge Fitness Center. She stated that Roanoke City has over 100 business partnerships, however, Roanoke City Schools should be marketed to other groups, such as retired persons representing various sectors of the community and retired teachers, and the seniors program should be expanded. She noted that with the business partnerships, there should be a focus on improving reading skills. 397 Mr. White asked the followina~ ,_usstion: What do you perceive as the major strengths and the major weaknesses of the School system, and, if appointed to the School Board, what would you do to amplify the strengths and to reduce the weaknesses? Ms. Willson advised that the Roanoke City School tschnology program has won both ns§onwide and ststowide awards. She eteted that the ratio for student use of computers has been reduced to one to five in the classroom and it should be realized that computers are a tool. She advised that a weakness is in Iow student test scores, and as the School system implements the standards of learning, student achievement test scores should be improved through a new reading program which is critical to promoting success. She called attention to an early education program for three and four year old children which the child to read when they go to kindergarten. She referred to the n.-cd to work with teachers to insure that professional development is an ongoing evaluation in reviewing the techniques that work with students. She stated that it is the primary responsibility of the School Board to insure that policies are executed. On behalf of Council Member Harris. Mr. Parrot asked the followina_ a_usstiQil: Given the current membership of the Roanoke City School Board and given the other applicants who have applied for a position on the School Board, what would you bring to the table that would be unique and would allow you to have a different perspective? Ms. Willson advised that being a parent is an important consideration. She stated that a balanced School Board is needed and her involvement in the schools on various committees has given her a wide variety of experience that could be helpful. She added that her work with the capital bond issue has given her a great appreciation of the needs of the City, and as the School Board works with the City on budget issues, her previous experience will provide an understanding of the task that Council faces as it makes budget decisions and as the School Board presents a budget to Council that is balanced and fully funded. Mr. Parrot asked the followina qusstiml: As a member of the School Board, how would you address the discipline situation? 398 Ms. Wilison advised that even/student and every teacher deserves to have an educational atmosphere that is respectful, free of drugs, weapons an.d violence, and ! she would support the administrative staff and teachers if they ,mpisment the .~ Roanoke City School Board discipline policy. She stated that parents need to be involved in supporting teachers in the discipline procedures and when a problem occurs, a team including the teacher, the principal and a guidance counselor should discuss the problem with the parents and the child. She added that principals nccd to be more visible in the schools both before, during and after school, and it is the responsibility of the principal to implement the discipline policy in a manner that is fair, firm and consistent, and as a School Board Trustee, she would expect nothing less. She explained that the General Assembly recently enacted a bill that raquiras districts to adopt policies concerning the removal of disruptive students from the classroom and Roanoke should include those requirements in its standards of behavior. She stated that this would be a good time to visit the City's alternative education program to review established goals, as well as how the learning environment could be improved, and as the School system focuses on reading skills for its younger students, the system might also work on improving the reading skills of these children who are enrolled in alternative education program. She added that as a School Board Trustee, she would closely monitor the discipline procedures, because every child and every teacher deserves an academic atmosphere in which there can be student success. Council Member Swain asked the followina a_uestions: Accountability as defined by some persons in the field of education is an exercise to place the blame on teachers for all of the shortcomings in the School system. If you find this to be the situation, what would you do to place the responsibility on those persons who are in charge of the School system? Ms. Wilison advised that she recently visited the Noel C. Taylor Learning Academy and she did not see students engaged in education in the way she would have liked. She called attention to a computer lab that was locked and should be used continuously to work on reading skills and math skills. She stated that it is not enough to work solely on discipline issues, but there should be an evaluation of alternative education students to make them aware that it is an opportunity to be enrolled in the program and they should take full advantage of that opportunity. Some persons believe that the alternative education program is an exercise to warehouse kids and the program is aimless. If you find that to be the case, what would you do to improve the situation? 399 Ms. Willson advised that everyone in the school~ should be held responsible, I from the studente who are responsible for the work they are asked, to perform, to the taachera who are observed and evaluated and asked to make improvements, to administratora who should be asked to make improvementa and to better ser~e the City; therefor, everyone, including perente, should be made more accountable in the Roanoke City Schools. The Mayor asked the followin=_ a_usstion: What is your assessment of Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools? Ms. Willson advised that when the Superintendent was brought to Roanoke, the Central Council PTA met with him and it was obvious that he was a man of great vision and he had the unanimous support of the Central Council PTA. She stated that as she worked with Dr. Harris in her capacity as Vice-Chair of Central Council PTA to develop programs, she came to respect him and believes that he is doing his best to involve parente in the decisionmaking process, he has supported site-based management, he has encouraged community input and community volunteerism, and his instructional staff is dedicated to their respective task~. She further stated that Dr. Harris has brought additional accountability to Roanoke City Schools, physical fitness scores have improved because he has offered incentives, he has involved students in the truancy program, and there has been some improvement in student test scores. The five interviews having been concluded, the Mayor declared the meeting adjourned at 8:35 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 400 SPECIAL MEETING ROANOKE CiTY COUNCIL April 30, 1998 7:00 p.m. The Council of the City of Roanoke met in special session on Thursday, April 30, 1998, at 7:00 p.m., in the Exhibit Hall at the Roanoke Civic Center, 710 Williamson Road, N. E., City of Roanoke, Virginia, with Mayor David A. Bowers presiding, pursuant to Resolution No. 33777-040698, adopted by the Council on Monday, April 6, 1998. 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 .1. 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 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-GRANTS: The Mayor advised that the purpose ofthe Special Meeting was to hold a public hearing to receive comments from citizens with regard to the 1998-99 recommended City budget; certain tax rate increases; and the recommended fiscal year 1998-99 U. S. Depacbt~ent of Housing and Urban Development (HUD) Funding Budget. Notices of advertisement of the public hearings were published in The Roanoke Times on April 8, 1998 and April 21, 1998, and in the Roanoke Tribune on April 9, 1998 and April 23, 1998. (See publisher's affidavite on file in the City Clerk's Office.) The Mayor advised that the City Manager has recommended a balanced fiscal year 1998-99 General Fund budget totaling $168,537,821.00; the recommended budget is anticipated to increase $7,3t1,186.00, or 4.53 per cent, over the current fiscal year and includes funding for the following rna.ior expenditures: 401 Local Support for Schools ($1,366,487.00) - additional funding for Roanoke City Public Schools, Employes compensation ($2,467,919.00) - 4.0 per cent average pay raises, Social Services program expenditures ($853,986.00) - funding will increase for programs such as Foster Care, Subsidized Adoption, General Relief, and Welfare Reform, Highway Maintenance ($347,000.00) - Increased State funding will be used for street maintenance, including paving, Fixed Astet Maintenance ($50,000.00) - increased funding will be used for maintenance of City facilities, Computer Services ($263,421.00) - funding will increase for the continued operation of the City's computer services, Recommended Supplemental Budget requests ($1,685,134.00), All other City Budget expenditures have increased $277,239.00. The Mayor explained that the adjusted School budget total is $92,08t,915.00 and represents an increase of $5,541,222.00, or 6.4 per cent over fiscal year 1997-98; the fiscal year 1998-99 budget continues the present level of services with minimal cost increases; City staff strives to provide quality services while improving efficiency; and a limited number of new programs or activities are recommended in the operating budget to be funded with existing general revenues. The Mayor advised that comments of citizens are also invited with regard to the proposed fiscal year 1998-99 Annual Update to the HUD Consolidated Plan. He stated that HUD representatives have informed City staff that Roanoke's CDBG and HOME entitlement will total $2,723,000.00, an increase of $2,000.00 over 1997-98 funding; and including the new entitlement, total funding of $4,086,691.00 is estimated to be available for fiscal year 1998-99. The Mayor explained that the 1998-99 Annual Update to the Consolidated Plan is responsive to the concerns of the citizens of Roanoke and meets the regulatory requirements of HUD; it provides for housing improvements, homeless activities, activities for youth, business development, creation of new job opportunities, human services, the strengthening of Roanoke's neighborhood organizations, and adequate administrative oversight for the entire program. 402 The Mayor opened the floor for comments and requested that speakers limit their remarks to three minutes each; whereupon, the following persons addressed Council: Mareha W. Ellison, Chairperson, Roanoke City School Board, expressed appreciation for Council's support of public education. She advised that with Council's support, teachers will receive a five per cent average increase in pay, which will bring Roanoke to the national average for teacher salaries for the 1998-99 school year. She stated that teachers' salaries have risen 25 per cent for the past five years and with Council's support, pre-school programs have been added for three and four year old children. Also with Council's support, she advised that the School Board has hired an additional 132 teachers to reduce class sizes and with smaller class sizes, student performance has improved and there has been a six per cent increase in student passage of the Literacy Passport Test. She stated that funding for fiscal year 1998-99 will also provide for after school remedial services for students needing assistance in passing the steate mandated tests, teacher training programs and additional teacher planning time will be provided to assist teachers with the mastery of the standards of Isaming and to prepare for the standards of accreditation tests. She expressed appreciation for the City's assistance with these initiatives and others as the School system educates its students into the 21st century. Mr. Ray Barbour, 686 Montrose Avenu. e, S. E., advis.ed that $100,000.00 is included in the proposed 1998-99 budget for s,dewalks, and s,dewalk improvements in southeast Roanoke alone will cost more than the recommended $t00,000.00. He called attention to the poor condition of brick sidewalks in the southeast section of the City which need to be replaced, as well as uneven sidewalks that pose a safety hazard. He inquired as to why the City Manager is recommending only $100,000.00 for sidewalk improvements when it is obvious that more funds are needed. Mr. Thomas C. McMichael, Program Developer for the Presbyterian Community Center, expressed appreciation to the City for its commitment to the well-being of Roanoke's youth and par'dculariy the youth of southeast Roanoke City. He steated that the Presbyterian Community Center was recommended for funding in the City's Consolidated Plan for allocation through the Community Development Block Grant budget, and the proposal of the Presbyterian Community Center is to purchase a building and to provide transportation in order to expand the after school tutoring and literacy program in intercity southeast. He explained that there are currently approximately 15 children in the after school tutoring program, with no space to grow or room for recreational-type activities. He stated that too many of the intercity youth leave school at 2:00 or 2:30 p.m., and have very little to do with no adult supervision for an extended period of time. He further stteted that the 403 II southeast youth center will serve children and families from southe;mt Roanoke City and will be besed on the model of the West End Center for Youth that has alreedy provided a greet desl of technical assistance. He edded that an after school program will benefit those children who regularly attend Roanoke City Public Schools, end the Southeast Youth Center project will enhance the effectiveness of schools and contribute to more ective and etable neighborhoods. He edvised that after school supervised ectivities, along with individualized mentoring and tutoring, is a proven answer to some of the probleme of Roenoke's youth and orgenizations such as the Presbyterian Community Center with access to and a history of attracting hundreds of well motivated volunteers is a cost effective way to provide quality services. He stated that it is known that the need is great in all intercity neighborhoods end the Presbytarisn Community Center will do everything it can to continue to support the idea of developing sufficient youth programs to enable all at risk children to here ·ssfe and wholesome place to congregate after school. He advised thet the Presbyterian Community Center hopes to have a vibrant program with as many ss 100 children within the next few years end to partner with other agencies such ss the West End Center, Boys and Girls Club, end YMCA Literacy Volunteers of America to evoid unnecessary duplication of services. Ms. Jeanette Manna, representing STRIVE, advised that as a representative of the Wsshington Park Alliance, curb and gutter has been a major issue. She called attention to the need for sidewelks, curb and gutter in the Tenth Street area and in northwest Roanoke ss a whole. She referred to en aree on Patton Avenue where a City vehicle tore up the sidewalk which has not yet been repaired. She advised that she would like to ese more responsiveness by the City to the requests of her community and she would like to know how the City spends its funds because there here not been a lot of improvements in the inner City. She stated that she requested a traffic light on Tenth Street, but the City installed a blinking light that has not deterred speeding vehicles. Ms. Kathryn R. Hale, Director, West End Center, commended the City for its attention to the plight of youth and families living in the economically unstable areas of the City. She stated that the Housing and Urban Development cap on human service agencies is 15 per cent of the City's allotment which must be spread among many worthwhile organizations. She further stated that approximately $400,000.00 is availeble for Humeri Service/Cultural Service funding which comes directly from City funds for approximately 40 organizations and under $1 million is available to organizations serving the at-risk population of the City. She advised that the families and youth of the Roanoke community are the future and encouraged Council to find creative ways. to assist with the funding of existing organizations and new agencies that are organizing to deal with unmet needs. She explained that there are currently 80 children on the waiting list at the West End Center, with a waiting time of 404 approximately 15 months and it is found that teens who wait that long for admittance lose interest and may be lost to the streets. She stated that the West End Center is helping St. John's Episcopal Church and the Presbyterian Community Center in southeast Roanoke to establish programs in other parts of the City, but there are still many unmet needs in the West End Center neighborhood. She encouraged Council to invest in the future by funding youth and family-oriented programs alongside economic development, since both are equally important. There being no further business, the Mayor declared the Special Meeting adjourned at 7:20 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 405 SPECIAL MEETING ROANOKE CITY COUNCIL April 30, 1998 7:20 p.m. The Council of the City of Roanoke met in special session on Thursday, April 30, 1998, at 7:20 p.m., in the Exhibit Hall at the Roanoke Civic Center, 710 Williamson Road, N. E., City of Roanoke, Virginia, with Mayor David A. Bowers presiding, pursuant to Resolution No. 337774)40698, adopted by the Council on Monday, April 6, 1998. PRESENT: Council Members John H. Parrott, Carroll E. Swain, James O. Trout, W~lliam White, Sr., Linda F. Wyatt and Mayor David A. Bowert $. ABSENT: Council Member C. Nelson Harris OFFICERS PRESENT: W. Robert Herbert, City Manager; Jamss D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Jamss D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. BUDGET-TAXES: The Mayor advised that the purpose of the Special Meeting is to consider the 1998-99 Real Property Tax Rate in which the City of Roanoke proposes to adopt a tax rate of $1.22 per $100.00 of assessed value. Notice of advertisement of the public hearing was published in The Roanoke Times on April 21, 1998 and in the ~ on April 23, 1998. The Mayor opened the floor for comments and requested that speakers limit their remarks to three minutes each; whereupon, Mr. Ray Barbour, 686 Montroae Avenue, S. E., spoke against any increase in the real property tax rate. There being no further business, the Mayor declared the Special Meeting adjourned at 7:25 p.m. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 406 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL May 4,1998 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, May 4, 1998, at t2:15 p.m., in the City Council Chamber, fourth floor, Municipal Building, 215 CMhUrch.. A.v.e.nu_e, S. W., City of Roanoke, the regular meeting hour, with ayor uavla A. uowers presiding, pursuant to Rule 1, ~ of Section 2-15, ~ Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, Carroll E. Swain, William White, St., and Mayor David A. Bowers ~;. ABSENT: Council Members John H. Parrott and James O. Trout- OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilbum C. Dibling, Jr., City Attorney; and Mary F. Parker, City Clerk. The Members of Council and City staff were scheduled to participate in a tour of the New Century Venture Center, 1354 Eighth Stnmt, S. W.; whereupon, the Mayor advised that the tour will be rescheduled for a later date. At 12:18 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, May 4, 1998, 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 Linda 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. Gdeso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. 407 [I The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PROCLAMATIONS-ECONOMIC DEVELOPMENT: The Mayor issued a proclamation designating May 17 - 23, 1998 as Business Appreciation Week, and presented the proclamation to Lisa J. Fain, Economic Development Specialist, Roanoke City Depa,t,~ent of Economic Development. (For full text, see Proclamation on file in the City Clerk's Office.) PROCLAMATIONS-TOURISM-HISTORIC PRESERVATION: The Mayor issued a proclamation designating the month of May 1998 as Virginia Heritage Tourism Weeks, and presented the proclamation to Whitney H. Feldman, Chair, Governmental Relations Committee, Roanoke Valley Preservation Foundation; Dr. John Kern, Director, Regional Preservation Office; and Evelyn S. Lander, Acting Manager, Department of Community Planning. (For full text, see Proclamation on file in the City Clerk's Office.) Ms. Feldman advised that the City of Roanoke has been awarded the Roanoke Valley Preservation Foundation Annual Award for Governmental Excellence in Preservation for 1997 Community Achievements in the Gainsboro area. She presented a plaque, which the City is entitled to keep throughout the year of t998, containing the following inscription: "Roanoke Valley Preservation Foundation Annual Award for Governmental Excellence in Preservation". 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. r& 408 ACTION: COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Coun.cil convene !n Executive Sessio..n. to ~ discuss personnel matters relating to vacanc,ss on various authontiss, 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.) Mr. INhite 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)(t), 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. AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee of Roanoke City Council which was held on Monday, April 20, t998, were before the body. The Audit Committee considered the following items: Financial Audits: Human Services Committee Cultural Services Committee Clerk of Circuit Court Financial Related Audibs: Payroll Time Entry Records Management School Board Auditor (For full text, see Minutes on file in the City Clerk's Office.) 409 ACTION: ACTION: ACTION: Mr. White moved that the Minutes 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 end Mayor Bower~ 7. NAYS: None 0. COMMITTEES-PENSIONS: A communication from F. Wiley Hubbell tendering his resignation as a member of the Board of Trustees, City of Roanoke Pension Plan, effective June 30, 1998, 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, The motion was seconded by Mr. Swain and adopted by the fo#owing vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers ............ 7. NAYS: None 0. HOUSING/AUTHORITY-OATHS OF OFFICE-COMMITTEES: The following report of qualification was before Council: S. Elaine Loritts-Duckett as a member of the Fair Housing Board for a term ending March 31, 2001. (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 tiled. 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. HAYS: None 0. 410 REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: W. E. Roberts, General Manager, Yellow Cab Services of Roanoke, Inc., appeared before Council and called attention to an alleged class distinction in assessing the value of taxicabs and personal vehicles which ahould be reflected in Roanoke City's tax assessments. He stated that Article I, Section 58.1-3503, Virginia Tax Code, states that for the purpose of tax assessment, taxicabs ara a separate category, and Yellow Cab Services is of the opinion that taxicabs ahould be appraised to reflect the fair market value for this category. He explained that the Commissioner of the Revenue is unaware of this distinction in the State Code and assesses taxicabs and personal vehicles in the same manner, which Yellow Cab Services contends is not in agreement with State Code provisions, and the issue is: what is the fair market value for taxicabs. He advised that Yellow Cab Services contends that a taxicab with over 100,000 miles purchased from the Virginia State Police, which vehicle is equipped, altered and painted for use as a taxicab, is not of the same value and worth as a private vehicle of the same model and year. He explained that the purchase price of these vehicles by Yellow Cab Services is a fraction of their assessed value, and requested that a fair per centage be used by the Commissioner of the Revenue to reflect the true value of a taxicab. Mr. White moved that the matter be referred to the Commissioner of the Revenue and to the City Attorney for study and report to Council. The motion was seconded by Mr. Swain and adopted. As a part of the report, Vice-Mayor Wyatt requested that the City Attorney advise as to which tax code takes precedence for the purpose of assessing vehicles. PAY PLAN-BUDGET-PENSIONS: Clarence Ro Martin, President, Roanoke City Retirees Association, expressed appreciation for the coat-of-living increases that Roanoke City retirees received in 1996 and 1997, and requested a permanent cost-of-living pay increase for fiscal year 1998-99. He explained that the City of Roanoke is the only City in the Commonwealth of Virginia that provides a lump sum payment every 411 other year for its retirees, and requested that when City employees receive a pay increase, City reti.r~, also request a permanent cost-of- living increase which would elim,na~ the need for retirees to appear annually before Council to renew the;r request. Mr. Trout moved that the request be referred to 1998-99 budget study for discussion, and that the City Manager and Director of Finance provide Council with a recommendation on a pe¢ittanent cost-of-living adjustment for fiscal year 1998-99. The motion was seconded by Mr. Swain. In further discussion of the matter, Mr. Trout requested that the Director of Finance and the City Manager provide their recommendation with regard to a pe,,;;anent annual cost-of-living increase for retirees as a part of fiscal year 1998-99 budget study discussions; whereupon, the Director of Finance advised that an annual permanent cost-of-living adjustment could be included in the actuarial assumption which would create additional costs and increase the actuarial contribution. However, he suggested that the matter be reviewed prior to t999-2000 budget study since there is not sufficient time to take the necessary actions prior to adoption of the 1998-99 fiscal year budget on Wednesday, May 12, 1998. The motion of Mr. Trout, seconded by Mr. Swain, was unanimously adopted. For discussion during t999-2000 budget study, Mr. Trout requested that the Director of Finance advise Council as to the necessary actions required to be taken to provide for an annual cost of living adjustment for City of Roanoke retirees. SCHOOLS: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools, addressed Council with regard to student safety and actions taken by the School system to insure safety and orderliness in the public schools. He advised that there are 29 schools in the City of Roanoke, 21 elementary, six middle and two high schools, with four other programs that house students during the day located off of school sites. He stated that 13,600 students are educated daily and the primary responsibility and priority of the School system is to provide a quality instructional program to enable students to demonstrate skills that lead to success as they go from elementary to middle school, middle to high school, and on to the world of work or the college or 412 university level. He added that based on firsthand experience, Roanoke schools are safe and orderly, and there are several ways to attest to the safety and orderliness of the schools; viz: he visited City schools on 146 occasions during the 1998 school year and during those 146 unannounced visits, the schools were safe, teachers were engaged in teaching, and students conducted themselves in a satisfactory manner in most instances. He stated that in addition to his unannounced visits to the schools, visits ars also made by School administrators, parents, citizens, and approximately 350 seniors who participate in the computer seniors program from throughout the Roanoke Valley, as well as the annual Realtor's Tours, and there is frequent communication with parents that detail all efforts of the School system to keep the schools safe. He added that some students will report the kinds of activities that violate the student conduct code and peer mediation exists which allows students to assist other students in resolving conflict as well as conflict resolution. Dr. Harris called attention to certain prevention efforts, and commended the work of a committee appointed approximately four years ago that prepared the "Standards of Expectation for Student Behavior", which is a document that is provided to all parents to let them know what is expected in regard to acceptable behavior in the schools, and the School system has entered into a partnership with parents to solicit their assistance. He stated that several weeks ago, the School system initiated the random searching of school campuses using drug dogs; one search was completed outside Patrick Henry High School and no drugs were found; searches will occur on both high school campuses, as well as the Noel C. Taylor Lesming Academy before the school year is over; and searches will continue on an ongoing basis, unannounced and at random. He advised that as a result of discovering weapons on one of the high school campuses, students requested the Principal at William Fleming High School to initiate a search for weapons, a program was coordinated, and letters were sent to parents advising that school safety is paramount and guns and other weapons will not be tolerated on school campuses. Therefore, he stated that hand held metal detectors will be used to randomly search for weapons. Superintendent Harris stated that in approximately 1980, School Resource Officers were stationed on City school campuses, and the presence of skilled police officers who establish relationships with students and members of the faculty have deterred the kinds of 413 ACTION: behavior that is currently taking place across the country. He added that two School Resource Officers ars assigned to each of the high schools, one Resource Officer is located at each of the six middle schools, and the DARE Program is taught in the elementary schools, and applauded City Council and the City of Roanoke for its initiation and support of the programs. He advised that each school site has in place a Crisis Management Plan that has been reviewed during recent weeks and a committee will be appointed composed of representatives of the Directorate of Public Safety, working in conjunction with representatives of the School system and parents, to review the present Crisis Management Plan, and provide an update prior to the next school year. He further advised that safety audits have been conducted at all City schools to review every aspect of the School campus and building to insure that nothing has bccn omitted that would be of concern to teachers, students or individuals visiting the schools. Dr. Harris explained that the School system has spent approximately $40 million over the past six years renovating school facilities and any time a facility is renovated, students are required to be moved to another building; however, a different approach has been undertaken with construction at Huff Lane MicroVillage. He stated that construction work commenced with the aeeurance that all aspects will be addressed in a safe manner, meetings were held with the community, and an arrangement was worked out with the contractor to provide that the Principal has sole discretion to stop any construction work should that work interfere with the instructional program or create a safety hazard. He further stated that a member of the school security office, along with a construction representative, has been assigned to Huff Lane MicroVillage to monitor the situation to insure that safety is the first priority. W",thout objection by Council, the Mayor advised that the remarks of Dr. Harris would be received and filed. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. 414 ITEMS RECOMMENDED FOR ACTION: HOUSING/AUTHORITY-COMMUNITY PLANNING-GRANTS: The City Manager submitted a written report advising that each year since t992, the City of Roanoke has received a HOME entitlement grant from the U. S. Depa,{,,,ent of Housing and Urban Development (HUD); HOME funds are used to increase the amount of affordable housing available to eligible families; of each HOME grant, 15% must be reserved for Community Housing Development Organization (CHDO) projects, which is a nonprofit agency certified by the City or the Commonwealth of Virginia as meeting specific HUD guidelines regarding purpose, structure and operations; and Blue Ridge Housing Development Corporation (BRHDC) is a certified CHDO and has conducted housing projects since 1991, including a neaHy completed CHDO project in the 600 block of Loudon Avenue. It was further advised that Blue Ridge Housing Development Corporation requested funds which would provide two unite of affordable housing (one in Historic Gainsboro, and one in Southeast) for sale to eligible families for construction costs and operating expenses in response to the City's 1997-98 HOME Request-for- Proposals (RFP); Council authorized $115,000.00 in CHDO funding for BRHDC as part of the 1997-98 Consolidated Plan Annual Update (Annual Update) approved for submission to HUD on May 12, 1997, pursuant to Resolution No. 33402-051297; and HUD's written approval of the plan was received on July 3, 1997, with funding for BRHDC consisting of $105,000.00 for construction costs and $10,000.00 for operating expenses. It was explained that HOME funds must be matched at a rate of 12.5%, which does not apply to CHDO operating expenses; the match requirement for the Blue Ridge Housing Development project, which has been recorded by the Office of Grants Compliance through program income from closed-out Urban Development Action Grant (UDAG) activities, will be $13,125.00; such program income, which is used to support portions of the City's HOME program, is credited toward the City's overall match requirements; and no outlay of City funds will be needed for match purposes for the project. The City Manager recommended that he be authorized to execute a HOME Agreement with the Blue Ridge Housing Development Corporation and amendments thereto, if necessary, approved as to form by the City Attorney. 415 ACTION: (For full text, see report on file in the City Clerk's Office,) Mr. Trout offered the following resolution: (#33797-050498) A RESOLUTION authorizing the appropriate City officials to enter into the 1997-98 HOME Investment Partnership (HOME) Program Agreement, and any necessary amendments thereto, with the Blue Ridge Development Corporation, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 60, page 462.) Mr. Trout moved the adoption of Resolution No. 33797-050498. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers 6. NAYS: None 0. (Council Member White abstained from voting.) LANDMARKS/HISTORIC PRESERVATION-LEASES: The City Manager submitted a written report advising that the initial lease of Buena Vista Recreation Center by the Commonwealth of Virginia Department of Historic Resources was executed on March t, 1989, between the City of Roanoke and the Commonwealth of Virginia Department of Conservation and Historic Resources for a term of one year at no fee and covered office space as well as laboratory space; two subsequent leases covering the period of March 1, 1990, through February 28, 1993, were approved by Council; the most recent lease renewal covering the period of March 1, 1993, through February 28, 1998, was approved by Council on March 8, 1993, but was never executed; and the Virginia Department of Historic Resources remained at Buena Vista Recreation Center during this time as a tenant at will. It was further advised that a request for a lease for the period beginning March 1, 1998, has been received from the Commonwealth of Virginia, Department of Historic Resources; and the proposed lease agreement is for one year with the option to renew for four additional one year periods if mutually agreeable to both per'des and the rental fee remains at zero dollars. 416 ACTION: The City Manager recommended that he be authorized to execute a lease agreement with the Commonwealth of Virginia Deparb,,ent of Historic Resources for office and laboratory space at Buena Vista Recreation Center in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the following ordinance be placed upon its first reading: (~/33798) AN ORDINANCE authorizing the proper City officials to enter into a lease agreement between the City and the Commonwealth of Virginia, Deper~,ent of Historic Resources, for office and laboratory space at the Buena Vista Recreation Center, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 505.) 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. HUMAN DEVELOPMENT: The City Manager submitted a written report advising that the Virginia Institute for Social Services Training Activities (VISSTA) is a collaborative effort between the Virginia Depa, b,,ent of Social Services and Virginia Commonwealth University, which coordinates and provides training activities for Social Services employees and also offers training for members of the Comprehensive Services Act (CSA), which includes personnel from the Court Services Unit, mental health depar~,ente, health depa,~,,,ents, public schools and community agencies; and the Virginia Depa~'bi~ent of Social Services has requested the Roanoke City Department of Social Services to take over administration of the Piedmont Area Training Center for the VISSTA Program and to relocate the office and staff to Roanoke City, effective July 1, 1998. 417 I! ACTION: It wee further advised that in order to mlocato the Piedmont Ama Training Center currently located in Montgomery County to Roanoke City, the C~y needs to execute an agreement with the State Department of Social Services for administrative responsibilities for the VISSTA Program; and the State will reimburse the City at t00 per cent of costs of the Program, plus the cost of administrative oversight. The City Manager recommended that Council adopt a resolution by which the City will agree to eccept responsibility for edminis;~-alJon of the Virginia Institute for Social Services Training Activities Program and authorize the City Manager to execute an agreement with the State Depmb,,ent of Social Services for administration of the Program. (For full text, see report on file in the City Clerk'e Office.) Mr. Trout offered the following resolution: (~33799-050498) A RESOLUTION whereby the City agrees to assume the responsibility for administration of the Virginia Institute for Social Services Training Activities (VISSTA) Program, and authorizing the City Manager to execute the necessary agreement with the Virginia Depa,b,,ent of Social Services, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 60, page 462.) Mr. Trout moved the adoption of Resolution No. 337994)50498. 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. 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 March, 1998. (For full text, see Financial Report on file in the City Clerk's Office.) 418 ACTION: Without objection by Council, the Mayor advised that the Financial Report would be received and flied. REPORTS OF COMMITTEES: CITY CODE-ROANOKE CIVIC CENTER: A report of the Roanoke Civic Center Commission with regard to delegation of authority to the Civic Center Commission to rent the Civic Center for productions or events on a long-term basis, was before Council. It was advised that Section 24-26 (a) of the City Code provides that the Civic Center Commission shall establish a schedule of fees, rentals, rates and charges, etc., for concerts, plays, sporting events, etc.; the Civic Center manager may, subject to limits end guidelines imposed by the Civic Center Commission, vary such fees, rentals, rates and charges for traveling, for-profit productions; and authority is requested to rent the Civic Center to productions or events on a long term basis. The Roanoke Civic Center Commission recommended that Subsection (a), Section 24-26, rates for use and terms, of the Code of the City of Roanoke (t979) as amended, be amended, as follows: The Civic Center Manager may negotiate and execute contracts or leases for multiple date events, with the approval of the City Manager or his/her designee, that occur during any period of time extending for less than a 12 month period. The Civic Center Manager may negotiate and execute contracts or leases for multiple date events, with the concurrence of the City Manager or his/her designee, that occur over a 12 month, but not beyond a 60 month period, with the approval of the Civic Center Commission. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency ordinance: (#33800-050498) AN ORDINANCE amending and reordaining subsection (a) of §24-26, Rates for use and terms, of the Code of the City of Roanoke (1979), as amended, redesignating current subsection 419 ACTION: (b) to subsection (c), adding new subsection (b) of §24-26, and repealing cunent subsection (c) of §24-26, providing that the Roanoke Civic Center Commission shall establish fees, rentals, rates, charges, and terms for the use of the civic center for events at the civic center and that the civic center manager may negotiate and execute contracts, licenses, or leases for the use of the civic center under certain conditions; amending and reordaining subsection (a) (2) of §24-48, AMthgJ~ providing that the Roanoke Civic Center Commission shall have authority to establish fees, rentals, rates, charges, and tei-,,,s for the use of the civic center as provided for in §24-26 of this Code; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 463.) Mr. Pawott moved the adoption of Ordinance No. 33800-050498. 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, .. O. SEWERS AND STORM DRAINS-BUDGET-PUBLIC WORKS- FLOOD REDUCTION/CONTROL: Council Member Carroll E. Swain, Member, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for construction of Storm Water Management Improvements at the Roanoke Centre for Industry and Technology. He recommended that Council authorize the City Manager to execute a unit price contract, in a form to be approved by the City Attorney, with Allegheny Construction Company, Inc., in the amount of $163,780.00. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency ordinance: 420 ACTION: (~t33801-050498) AN ORDINANCE accepting the bid of Allegheny Construction Company, Inc., for the construction of the storm water management improvements at the Roanoke Centre for Industry and Technology, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bide made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 465.) Mr. Swain moved the adoption of Ordinance No. 33801-050498. The motion wae seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers 6. NAYS: None (Council Member Parrott abstained from voting.) BUDGET-LEGISLATION-STREETS AND ALLEYS: 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 asphalt concrete overlays and pavement profiling of various streets within the City. He recommended that Council approve the following actions: Award a contract to L. H. Sawyer Paving Co., Inc., in the amount of $1,524,258.00, and establish a contingency in the amount of $22,854.00, for a total of $1,547,1t2.00 in a form to be approved by the City Attorney; Appropriate $350,000.00 in CMERP funding to Street Paving, Account No. 001-052-4120-2010; and Reject all the other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee, advising that 37,070 tons of asphalt will pave approximately 67 lane miles, and the average number of lane miles paved during this ten year period is 68.5 which is greater than the 57 lane miles desired each year. 421 ACTION: ACTION: (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~33802-050498) AN ORDINANCE to amend and reordain certain sections of the t997-98 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 466.) Mr. Parrott moved the adoption of Ordinance No. 33802-050498. 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. Mr. Parrott offered the following emergency ordinance: (#33803-050498) AN ORDINANCE accepting the bid of L. H. Sawyer Paving Co., inc., for paving and profiling of various streets, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requiaite 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. 60, page 467.) Mr. Parrott moved the adoption of Ordinance No. 33803-050498. 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. Council Member Trout requested that the matter of soliciting State funds for certain of the City's street paving needs be referred to the Legislative Committee for consideration as a part_ of the City's 1999 Legislative Program. r 422 ACTION: BUDGET-FLOOD REDUCTION/CONTROL: Council Member John H. Parrott, Chairperson, Bid Committee, p..m. sented a w?'tten report on behalf of the Committee, in connection w~th bids recewed by the City for demolition and asbestos abatement of 26 homes in the Garden City area. He recommended that Council authorize the City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney, with Alan g Amos, Inc., in the amount of $152,839.00 and 240 consecutive calendar days for completion of the work. 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 ordinance: (#33804-050498) AN ORDINANCE accepting the bid of Alan L. Amos, Inc., for demolition and asbestos abatement of 26 houses for the Garden City Demolition Project, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 468.) Mr. Parrott moved the adoption of Ordinance No. 33804-050498. The motion wes 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 0o HEALTH DEPARTMENT-CITY PROPERTY-LEASES-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of a new lease agreement with the State Depar~,ent of Health for property located'at 530 Eighth Street, S. W. (Health Depa,bf~ent Annex) for a term of three years. 423 ACTION: A staff report advised that a lease agreement with the State Department of Health for use of City property at 530 Eighth Street (Official Tax No. 1113210) known as the Health Center Annex was entered into on July 1, t979; State law limits leases to terms of five years unless publicly advertised; the currant Jesse will expire on June 30, t998; and the Lessee has requested a new lease, for a term of three years ending June 30, 2001, and has agreed to a total lease fee of $28,800.00 and 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 parsons entering the building. The Water Resources Committee recommended that Council authorize execution of a new lease agreement with the State Department of Health for property Iocat~l at 530 Eighth Street, S. W., for a term of three years, in a form to be approved by 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: (f/33805) AN ORDINANCE authorizing the lease of certain City- owned property to the State Depai~,i~ent of Health, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 506.) The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None 0. PURCHASE/SALE OF PROPERTY-POLICE DEPARTMENT- BUDGET-LEASES-WATER RESOURCES: Vice-Mayor I. inda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to acquisition of property located at 348 Campbell Avenue, S. W., to address additional space needs of the Police Department. 424 A staff report advised that increased space requirements of the Roanoke City Police Department has been .a growing concern for a num.ber of years; the t997 Bond Referendum included $3,940,000.00 in fund,ng to acquire and remodel a building in the 300 block of Campbell Avenue; and one property located at 348 Campbell Avenue, S. W., Official Tax No. 1011306, has bccn identified as the best site to address the need for additional space. It was further advised that the owner of the property, The Allegheny Company, has bccn contacted and has indicated an interest in selling the property to the City of Roanoke, but has not accepted the City's offer; the property is assessed for tax purposes at a value of $780,000.00 and current accrued taxes and penalties on the property total $82,019.00; and the building will require significant renovation for adaptation to the needs of the Police Depa,~,,ent. The Water Resources Committee recommended that Council approve the following actions: Authorize acquisition of the property at 348 Campbell Avenue, S. W., Official Tax No. 1011306, said property may be acquired by negotiation or eminent domain; Appropriate $820,000.00 from 1997 Bond proceeds Account No. 008-052-9706-9183 to Account No. 008-052- 9564-9001 - Proposed Police Facility, to provide funds for title reports, appraisals, recordation costs, surveys, testing, and acquisition of property rights, etc.; and Authorize the City Manager or 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 acquire the property. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (#33806-050498) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. 425 Il ACTION: ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 469.) Ms. Wyatt moved the adoption of Ordinance No. 33806-050498. 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. Ms. Wyatt offered the following emergency ordinance: (#33807-050498) AN ORDINANCE providing for the acquisition of certain real property, and the improvements thereon, needed by the City for additional space for the Roanoke City Police Depaf;,,ent; setting a limit on the consideration to be offered by Ute City; providing for the City's acquisition of such property by condemnation, under certain circumstances; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 470.) Ms. Wyatt moved the adoption of Ordinance No. 33807-050498. 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. PURCHASE/SALE OF PROPERTY-CITY PROPERTY-WATER RESOURCES: Vice-Mayor Linde F. Wyatt,-.Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to authorization to advertise for sale certain surplus City-owned property located on Nelms Lane, N. E., to the general public. A staff report advised that the properties ars located at the end of Nelms Lane, N. E., and ware acquired by the City in 1980 as a part of the private Monterey North Water System; the City has extended water service to this area and dismantled the private water system; the Office 426 ACTION: of Real Estate Valuation esteblished the following values for tax purposes: Official Tax No. 7390713 is valued at $11,000.00 and Official Tax No. 7400500 is valued at $100.00. It was further advised that the property is no longer needed by the City and may be sold as surplus property; and City Policy requires surplus property to be advertised and sold to the highest bidder if the property can be used to construct a separate structure. The Water Resources Committee recommended that Council authorize advertisement of Official Tax No. 7390713 conteining approximately .25 acre and Official Tax No. 7400500 containing approximately .37 acre for sale by quitclaim deed to the general public. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (#33808-050498) A RESOLUTION declaring certain City-owned real estete, identified by Official Tax Nos. 7390713 and 7400500, to be surplus property and authorizing ite advertisement for sale to the general public. (For full text of Resolution, see Resolution Book No. 60, page 472.) Ms. Wyatt moved the adoption of Resolution No. 33808-050498. 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. PURCHASE/SALE OF PROPERTY-TRAFFIC-SCHOOLS-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to authorization to acquire the necessary property righte from the State Board for Community Colleges for the Colonial Avenue/McNeil Drive, S. W., Signalization Project. 427 I! ACTION: A staff report advised that Ordinance No. 33541-080497, adopted by Council on August 4, 1997, authorized acquisition of certain property rights required for the Colonial/McNeil Signalization Project; and the State Board for Community Colleges has agreed to permit installation of traffic signal control equipment on their property. It was further advised that the proposed deed, which was prepared by the State, donates to the City the necessary property rights for the signal equipment; and the deed contains indemnification language, which must be approved by Council. The Water Resources Committee recommended that Council authorize the proper City officials to take the necessary action to accept property rights from the State Board for Community Colleges, in a fom~ to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: (#33809-050498) AN ORDINANCE authorizing acceptance of certain property rights from the Commonwealth of Virginia, State Board for Community Colleges, in connection with the Colonial/McNeil Signalization Project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 472.) Ms. Wyatt moved the adoption of Ordinance No. 338094)50498. 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. HUMAN DEVELOPMENT-LEASES-WATER RESOURCES: Vice- Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of a lease agreement with First Campbell, LC, for use of office and classroom space located at 210 First Street, S. W., to meet the needs of the Virginia Institute for Social Services Training Activities (VISSTA) program and staff. 428 A staff report advised that VISSTA ia a joint effort between the Vir.ginia. Department of Socia. I Services and Virginia Commonwealth Un,vers,ty to provide train,rig through regional centers located throughout Virginia; Roanoke City's Department of Social Services has been requested to take over the Piedmont Area Training Center for the VISSTA Program and relocate the office and staff to Roanoke City; and inaufficient apace in the Social Services Department necessitates the procurement of leased space to accommodate the VISSTA Program. It was further advised that sufficient office space has been located in First Campbell Square, 210 First Street, S. W., to meet the needs of the VISSTA Program and staff; the proposed lease requires the City to indemnity and hold harmless the Lessor and Sawyer Properties, Inc., for all suits, actions, damages, liability, and expanses arising from or out of any occurrence in, upon, at or from the premises or the occupancy or use by the City of the premises, and occasioned wholly or in part by any act or omiasion of the City, its agents, contractors, employees, invites, licensees, or visitors, in connection with the leased premises; and the proposed lease will be for a period of five years, at a rate of $2,231.25 par month, which equals $11.90 per square foot per year including utilities and custodial service. .The Water Resources Committee recommended that Council I authorize execution of a Lease Agreement in a form to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) Ma. Wyatt offered the following emergency ordinance: (#33810-050498) AN ORDINANCE authorizing the City Manager to enter into an agreement with First Campbell LC, for the leasing of office and classroom space on the fourth floor of the First Campbell Square Building located at 210 First Street, S. W., to house the Virginia Institute for Social Services Training Activities (VISSTA) Program and staff, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 473.) 429 ACTION: ACTION: Ms. Wyatt moved the adoption of Ordinance No. 338104)50498. 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: Nono 0. PURCHASE/SALE OF PROPERTY-PARKS AND RECREATION- WATER RESOURCES: Vice-Mayor Linde F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to declaring the Caretaker's House in Mill Mountain Park es surplus property. A staff report advised that the Caretaker's House in Mill Mountain Park was erected in t973 for use by the full-time resident caretaker; the house has been vacant for some time and is in need of extensive maintenance; the house is no longer needed by the City and may be sold or otherwise disposed of as surplus property, with the real property remaining City property. The Water Resources Committee recommended that Council declare the house (not real property) as surplus and authorize the sale of the Caretaker's House to House Movers of Roanoke Valley, Inc., for $t00.00, or otherwise to be sold or demolished. (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: (~33811) AN ORDINANCE declaring a certain structure located at Mill Mountain Park surplus and authorizing.its sale, removal or demolition. (For full text of Ordinance, see Ordinance Book No. 60, page 507.) The motion was seconded by Mr. Harris and adopted by the following vote: 430 AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None PARKS AND RECREATION-NEWSPAPERS-LEASES-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of the appropriate lease agreement with the Times-World Corporation for the City's use of the broadcast tower building and other facilities located on Mill Mountain for public purpose communications. A staff report advised that the Contract of Lease between Times- World Corporation and the City of Roanoke dated February 14, 1969, which was not recorded, was entered into for use of the broadcast tower, building, and other facilities located on a tract of land on Mill Mountain (Official Tax No. 4050306A) for essential public safety communications; the current lease has expired and needs to be renewed; and City public safety radio communications systems are using the tower and building at the present time. It was further advised that a new lease with the Times-World Corporation has been negotiated for an initial period of 15 years, commencing April t, t998, and ending March 31, 2013, with an option to renew for five additional five-year terms; the annual rent will be $1,200.00, plus the then current year's property taxes aeseesed against the Times-World Corporation due to its ownership of the tower and associated property; the property is currently assessed at $2t4,800.00, which yields an annual tax of $2,620.56; and the Regional Radio Project (800 MHZ trunking) for public safety is currently being implemented, therefore, the Mill Mountain tower and building are vital to the health, safety, and welfare of the citizens of the Roanoke Valley. The Water Resources Committee recommended that Council authorize the City Manager to execute the appropriate lease agreements with the Times-World Corporation, in a form to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: 431 Il ACTION: (#33812-050498) AN ORDINANCE authorizing and directing the proper City officials to enter into s lease agreement between Timee- World Corporation and the City, for the City's use of the broadcast tower, building and the other facilities located on Mill Mountain for public purpose communications, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 474.) Ms. Wyatt moved the adoption of Ordinance No. 33812-050498. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Pan'ott, Swain, Trout, White and Mayor Bowers .... 7. NAYS: None .... 0. BUDGET-CABLE TELEVISION: Council Member John H. Parrott, Chairperson, Roanoke Valley Regional Cable Television Committee, presented a written report on behalf of the Committee, with regard to approval of the City's share of the budget for the Government and Educational Access Cable Television Studio. It was advised that the City of Roanoke, Roanoke County, and the Town of Vinton jointly operate Roanoke Valley Television (RVTV); the initial equipment and facilities for the television studio were funded through a capital grant from Cox Communications, in the amount of $480,000.00; and the proposed t998-99 RVTV budget is $197,670.00 which is broken down by locality as follows: Roanoke City Roanoke County Vinton % of Cable CustomerslBud_uet 58.8% 33.8% 7.40/0 Cost $t16,230.00 66,812.00 14,628.00 On behalf of the City's representatives to the Cable Television Committee, and as Council's representative to the Committee, Mr. Parrott recommended that Council approve the proposed RVTV budget, in the amount of $197,670.00, with the City's share totaling $116,230.00. He advised that funding has been included in the City Manager's Recommended 1998-99 Budget. 432 ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Psrrott offered the following reeolution: (~/33813-060498) A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year t998-99 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. 60, page 475.) Mr. Parrott moved the adoption of Resolution No. 33813-050498. 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: Nor. c O. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ROANOKE MEMORIAL HOSPITALS-COMMUNITY HOSPITAL- LEASES-WATER RESOURCES-AIR RIGHTS: Ordinance No. 33794, authorizing a lease between the City of Roanoke and CHS, Inc., (the "Lessee"), for the lease of certain airspace over Crystal Spring Avenue, S. W., for a term of 60 years, having previously been before the Council for its first reading on Monday, April 20, 1998, 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: (~t33794-050498) AN ORDINANCE authorizing s lease between the City of Roanoke and CHS, Inc. (the "Lessee"), for the lease of certain airspace over Crystal Spring Avenue, S. W., in the City, for a term of sixty (60) years. (For full text of Ordinance, see Ordinance Book No. 60, page 456.) 433 ACTION: ACTION: Mr. Trout moved the adoption of Ordinance No. 33794-050498. The motion wee 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 O. STREETS AND ALLEYS: Ordinance No. 33795, permanently vacating, discontinuing and closing those certain areas consisting of two parcels of land, being a .06-acre parcel located adjacent to Official Tax Nos. 1260321 and 1260118 on Oakwood Drive, S. W., and a .04-acrs parcel located adjacent to Official Tax No. 1260321, aa shown on the Map of Oak Hill Subdivision, having previously been before the Council for its first reading on Monday, April 20, t998, 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: (#33796-060498) 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. 60, page 457.) Mr. Trout moved the adoption of Ordinance No. 33795-050498. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and White 6. NAYS: None ....... -0. (Mayor Bowers abstained from voting.) STREETS AND ALLEYS: Ordinance No. 33796, permanently vacating, discontinuing and closing all of t01/, Street, S. W., and a 10 foot alley lying parallel to same, having previously been before the Council for its first reading on Monday, April 20, 1998, 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: 434 ACTION: (#33796-050498) AN ORDINANCE permanently vacating, discontinuing and cto~ing certain public right-of-way in .the City of Roanoke, Virginia, aa ars more particularly dsscHbed hereinafter. (For full text of Ordinance, see Ordinance Book No. 60, page 459.) Mr. Trout moved the adoption of Ordinance No. 33796-050498. 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 O. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: BUDGET-CONVENTION AND VISITORS BUREAU: Mr. Trout moved that the matter of increasing the City's contribution of funds to the Roanoke Valley Convention and Visitors Bureau from $500,000.00 to $525,000.00 be referred to 1998-99 budget study. The motion was seconded by Mr. Swain. Itwss noted that the proposed funding formula was prssentod by David J. Kjolhede, Executive Director, Roanoke Valley Convention and Visitors Bureau, atthe Council meeting on Tuesday, February 17, t998, and was referred by Council to 1998-99 budget study. Following discussion and inasmuch as the matter had previously been referred to 1998-99 budget study, Mr. Trout and Mr. Swain withdrew their motion, with the understanding that Council will consider the proposed funding formula during fiscal year 1998-99 budget study. TRAFFIC-PUBLIC WORKS-SCHOOLS: Vice-Mayor Wyatt commended the Director of Public Works on his prompt response to a situation with regard to flashing lights in one of the City's school zones. 435 BUDGET-ARMORY/STADIUM-CAPITAL IMPROVEMENTS PROGRAM-SCHOOLS: Council Member White requested that the following mattera be referred to 1998-99 budget study: A review of the impact of the pre4chool program conducted by the City of Roanoke and the Roanoke City Public Schools for three and four year old children, the feasibility of increasing funds, and the value of the return in terms of children sewed and dollars expended. (it was suggested that the matter should be discussed at a joint meeting of Council and the Roanoke City School Board on Thursday, May 7, at 8:30 a.m.); and A review as to the impact of increasing the $300,000.00 to $600,000.00 for Capital Funding as recommended in the proposed 1998-99 Supplemental Budget, or a dollar amount to be recommended by the City Manager, but greater than the proposed $300,000.00. BUDGET-TAXES: As a part of 1998-99 budget study, Council Member Swain requested a report on the financial impact to the City of reducing the real estate tax rate by two cents. He also requested a summary of budget items that would have to be deleted in order to provide for a two cents reduction in the real estate tax rate. TRAFFIC-SIDEWALK/CURB AND GUTTER-ZONING: Council Member Swain referred to recent correspondence from the Director of Public Works in regard to installing curb and sidewalk from Lafayette Boulevard to Abbott St]~eet, N. W., and from the end of the Home Depot construction along Cove Road to the first intersection; however, he stated that the correspondence did not address the remainder of Cove Road. The Director of Public Works advised that his letter was intended to provide a status report on two high priority locations, but was not intended to suggest that it would be the end of consideration of the request for curb and sidewalk along the Herehberger Road/Cove Road Corridor. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 4:27 p.m., the Mayor declared the meeting in recess. 436 ACTION: ACTION: At 4:40 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With respect to the Executive Session just concluded, Mr. 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 F~¢dom 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 Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers 7. NAYS: None OATHS OF OFFICE-COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The Mayor advised that the term of office of John H. Parrott as a Commissioner of the Hotel Roanoke Conference Center Commission expired on April 12, 1998, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of John H. Parrot& There being no further nominations, Mr. Parrott was reappointed as a Commissioner of the Hotel Roanoke Conference Center Commission, for a term ending April 12, 2002, by the following vote: FOR MR. PARROTT: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers .6. (Council Member Parrott abstained from voting.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that there is a vacancy on the Roanoke Arts Commission created by the death of William Hackley, Sr., and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Eva Darcel Walters. 437 There being no further nominations, Ms. Walters was appointed aa a member of the Roanoke Aris Commission, for a term ending June 30, 1998, by the following vote: ACTION: FOR MS. WALTERS: Council Members Wyatt, Harris, Parrot, Swain, Trout, White and Mayor Bowers .......... 7. COUNCIL-VIRGINIA MUNICIPAL LEAGUE: The Mayor advised that it wan the consensus of Council that the following persons will be nominated to serve on the Virginia Municipal League Policy Committee: Environmental Quality Policy Committee - Kit B. Kissr Finance Policy Committee - James D. Grisso General Laws Policy Committee - James O. Trout Human Development and Education Policy Committee - Vice- Mayor Linda F. Wyatt Public Safety Policy Committee - George C. Snead, Jr. Transportation Policy Committee - Carroll E. Swain There being no further business, the Mayor declared the meeting adjourned at 4:45 p.m. ATTEST: Mary F. Pa~ker City Clerk APPROVED David A. Bowers Mayor 438 PERSONNEL COMMITTEE ROANOKE CITY COUNCIL May 6, 1998 2:00 p.m. A meeting of the Roanoke City Council Personnel Committee, composed of the Members of the Roanoke City Council, wes called to order on Wednesday, May 6, 1998, at 2:00 p.m., in the Social Services Conference Room, Municipal North, 215 Church Avenue, S. W., City of Roanoke, with Chairman and Mayor David A. Bowers presiding. PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, W"dliam White, Sr., Linda F. Wyatt 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. Harris moved that the City Council Pe. rsonnel Committee meet in Executive Session to discuss a personnel matter, be,ng performance evaluations of certain Council Appointed Officers, pursuant to Section 2.1-344(A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, Wyatt and Mayor Bowers 6. NAYS: None 0. (Council Member White was out of the Conference Room when the vote was recorded.) At 2:02 p.m., the Mayor declared the meeting in recess. At 4:55 p.m., the meeting reconvened in the Social Services Conference Room, with all Members of the City Council Personnel Committee in attendance, with the exception of Council Members Trout and White who left the meeting during the Executive Session, Mayor Bowers presiding. 439 COUNCIL: With respect to the Executive Session just concluded, Mr. Harris moved that each Member of the City Council Personnel Committee certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened ware heard, discussed or considered by the City Council Personnel Committee. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Wyatt and Mayor Bowers-5. NAYS: None. 0. (Council Membere Trout and White were absent.) There being no further businssa, the Mayor declared the City Council Personnel Committee meeting adjourned at 4:57 p.m. APPROVED Mary F. Parker City Clerk David A. Bowers Mayor 440 ROANOKE CITY COUNCIL SPECIAL MEETING May 11, 1998 2:00 p.m. The Council of the City of Roanoke met in special session on Monday, May 11, 1998, at 2:00 p.m., in the City Council Chamber, fourth floor, Municipal Building, 2t5 Church Avenue, S. W., City of Roanoke, pursuant to Section 10, Meetin_as of Council, of the Roanoke City Charter, and pursuant to Reeolution No. 33778-040698, adopted by the Council on Monday, April 6, 1998, with Mayor David A. Bowers presiding. 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: 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 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-SCHOOLS: The Mayor advised that the purpose of the special meeting was to elect two Trustees to the Roanoke City School Board; and to adopt the fiscal year 1998-99 City operating budget and other related matters, pursuant to Resolution No. 33778-040698, adopted by the Council at its regular meeting on Monday, April 6, 1998. Vice-Mayor Wyatt read the following disclosure declaration: I, Linda F. Wyatt, am a member of the Council of the City of Roanoke. I am also a teacher in the Roanoke City School Division. 441 This declaration which is filed pursuant to §2.1-639.14.G, Code of Virginia (1950), as amended, relates to City Council's proposed vote on the FY 1998-99 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. This declaration shall be filed by the City Clerk among the permanent papers of the City on or before the close of business on May 11, 1998, and shall be retained and made available for public inspection for a period of five years from the date of filing." (See disclosure declaration on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the disclosure declaration would be received and filed. OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised that on July 1, 1998, there will be two vacancies on the Roanoke City School Board; and 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 23, 1998, at 6:00 p.m., in the City Council Chamber: David W. Davis Harry F. Davis Daniel G. Oakey Melinda J. Payne Ruth C. Wilison Pursuant to Section 9-22, Elections. of the Code of the City of Roanoke (1979), as amended, which provides that on or before May 15 of each year, Council must hold an election to fill certain upcoming vacancies on the Roanoke City School Board, the following names were placed in nomination: 442 David W, Davis Harry F. Davis Daniel G. Oakey Melinda J. Payne Ruth C. Willson There being no further nominations and pursuant to the following roll call vote of the Council, Melinda J. Payne was reappointed and Ruth C. Willson was appointed as Trustees of the Roanoke City School Board, for terms commencing July 1, 1998 and ending Juno 30, 2001, by the following vote: ACTION: FOR MR. DAVID W. DAVIS: None OJ ACTION: FOR MR. HARRY F. DAVIS: Council Member Swain and Vice- Mayor Wyatt 2. ACTION: FOR MR. OAKEY: Council Members Parrott, Swain and Vice- Mayor Wyatt 3. ACTION: ACTION: FOR MS. PAYNE: Council Members Harris, Trout, White and Mayor Bowers FOR MS. W1LLSON: Council Members Harris, Parrott, Trout, White and Mayor Bowers 5. BUDGET-CITY COUNCIL-CITY EMPLOYEES-PENSIONS: The Mayor advised that it is the obligation of Council by May 15 of each year to adopt a balanced budget for the City of Roanoke. He stated that Council has engaged in 1998-99 budget deliberations over the last week and one of the items discussed was enhanced pension benefits for City employees. He further stated that it was his understanding that funding of the additional enhanced benefits for the pension system could be funded entirely by payment from the pension plan and, it was based on that understanding, that he and other Members of Council voted for the enhanced pension benefits. However, he explained that it has been reported that in addition to funds coming from the retirement system itself, other amounts must be funded from the City's General Fund budget and if certain pension enhancements are approved today, the 1998-99 fiscal year budget would be out of balance. He stated that City employee representetivss have appeared before Council over the last year requesting certain pension enhancements which are provided for 443 in the Supplemental Budget; viz: Rule of 70/80 in calculating benefits I and a $159.00 per m..onth supplement. He further sta~d that City employes repreeentaUves have requested additional pens,on benefits; viz: a 2.3 per cent multiplier, an increase in the maximum benefits from 60 per cent to 69 per cent, and a spousal allowance. He explained that during fiscal year 1998-99 budget study, Council did not take action in regard to the spousal allowance, however, it did recommend the 2.3 per cent multiplier and an increase in the maximum from 60 per cent to 69 per cent of benefits, and those are the two items that would cause the budget to be out of balance today. The Mayor reiterated that Council is obligated by law to insure that a balanced budget is approved, therefore, he stated that after consulting with Members of Council, he would request that Council consider a motion to continue the issue of added enhanced pension benefits (2.3 per cent multiplier and an increase in maximum benefits from 60 per cent to 69 per cent) until a date in September 1998 when a certification of funds availability can be made by the Director of Finance, which would enable the Director of Finance to submit a revised certificate today cerdfying that funds are available for adoption of a balanced 1998-99 fiscal year budget in all City accounts. Mr. Trout moved that any consideration of increasing the multiplier to 2.3 per cent with the maximum pension allowance increasing to 69 per cent, be deferred until after the June 30, 1998, actuarial report has been completed, which report will be received in September, 1998; that Council seriously consider the elimination of its participation in these additional benefits; and that the Director of Finance be requested to submit a revised certificate as to the availability of funds for a balanced 1998-99 fiscal year budget. The motion was seconded by Ms. Wyatt. The Mayor advised that numerous persons had registered to speak and requested that each speaker limit their remarks to five minutes. Robert E. Tonkinson, Vice-Chair, City of Roanoke Pension Plan, expressed concern over Council's vote during 1998-99 budget study to expand pension plan benefits, and called attention to the significant financial impact this decision will have in the years to come. He stated that as the public comes to understand the impact of this decision, as they see the decision flow through the budget in future years, and as 444 they consider other things that could have been done with the money, citizens will be outraged. He further stated that from a public policy standpoint, the City's salary and benefits package should be such that the City is able to recruit and retain qualified individuals to deliver services to City residents at an appropriata quality level, and a competitive salary and benefits package is required if the City is to employ such individuals. He advised that if the City believes it has a problem in recruiting good employees, the proper course of action is not giving money away through the pension plan, but to commission a comprehensive compensation and benefits study to assess the salaries and benefits package and to determine the improvements that will be the most beneficial in improving recruiting and retention. He stated that Council's fiduciary responsibility is to the taxpayer, the City has the right to collect money through texing power and the Council has the responsibility to spend those funds wisely through approved and funded budgeta and programs. In this case, he added that Council has proposed a change to the benefit plan that will create a liability to the City in excess of $30 million, and additionally, several Council Members will benefit directly from this change since they are eligible for the beneflta under the pension plan. He stated that once pension benefits are granted, they cannot be taken away from current employees or retirees; over the long term, assets must be sufficient to fund liabilities and since City con.tributions make up for .any shortfalls, increases in plan benefits always ,ncreasa plan contributions over what they would have bccn had those enhancements not been granted. He advised that any increase in pension benefita takes funds away from other City activities, and pension enhancements currently under consideration would drain the City of an estimated $2 - 3 million in this current year and is indicative of effects of future years. Ms. Angela Norman, 1731 Michael Street, N. W., a City employee of 22 years and a long time City resident, appeared before Council in support of the efforts of firefightera in regard te the proposed pension enhancementa. She referred to a recent article that appeared in The Roanoke Times which gives the perception that the change in pension benefita is directed toward satisfying "a special interest political pressure group"; and it was said by some persons that the fireflghters represent a minority of City employees, many of whom live outside of the City of Roanoke. She stated that the non-city residency status is applicable to management, and inquired if the rank and file 445 employees ars to be penalized based on residency status, while I management staff is not. She advised that the requested pension enhancements ars for all City employees who continue to strive to provide excellent customer service both internally and externally. Edward Cr~wford, Captain, Roanoke City Firs/EMS Depart,,,ent, expressed appreciation for the $159.00 supplement and the Rule of 70/80 enhancements to the pension system. He stated that much has been said about the fact that the 2.3 per cent multiplier will cost tax dollars, but so do salaries and fringe benefits for City employees, as wall as services that ars provided to the citizens of Roanoke; howaver, the question is, will the requested pension enhancements cost new tax dollars and it is believed that the answer is no. He noted that City employees are not asking for an incrsese in taxes, but an affordable benefit to the retirement system which is designed for the welfare of the City employee. He stated that when the City hires an employee, it agrsee to compensate that employee with a salary, a health cars plan and a retirement plan, and upper management receives a maximum contribution to their ICMA Deferred Compensation Plan which the taxpayers of Roanoke also fund. He advised that Council should look at the request for the 2.3 per cent multiplier as a way of attracting top candidates to other positions in the City, and as an opportunity to reward City employees for staying with the City through both the good and the bad times. Chuck Wells, a 17 year veteran of the Roanoke City Fire/EMS Depafb,ent, expressed appreciation for the $159.00 supplement and the Rule of 70180 enhancements to the pension system, and commended the Department of Finance for its wise investment of pension plan funds. Should the actuarial study confirm that the 2.3 per cent multiplier benefit can be paid without increasing the City's contribution rate, he requested that Council go on record supporting the multiplier increase for City employees, retroactive to July 1, 1998. He advised that the Roanoke Firsfighters Association will commission another actuarial study, and requested that Council direct the Finance Department to supply the necessary data to complete the study. He noted that if ali City employees received the ICMA Deferred Compensation enhancement that is provided to upper management, there would be no need for an increase in the pension multiplier; and funds in the pension plan and their earnings should be used to fund benefits for City employees. 446 ACTION: Mr. Richard B. Sawer, 2890 Northview DHve, N. W., commended the integrity and leaders.hip displayed by a majority of City Council Members in their decismn to enhance pension benefits for City employees. He stated that on June 30, t997, the City's actuary presented a report that showed the pension plan to be fully funded, with no unfunded accrued liability, and, in fact, the plan ia $t5 million over funded with assets of $298 million to date. He explained that it is estimated that the cost of new pension enhancements will be $2.465 million in 1998-99, which is not a risky decision but a benefit that is long overdue for City employees. He added that improved pension benefits would help the City by: (1) currently, the City has two pension plans, the old system and the new system, and improvements to the new system would provide more incentive for employees to switch to the new pension plan which would reduce bookkeeping items; (2) senior employees at or near the top of their pay range would have more incentive to retire and to be replaced by entry level employees; and (3) the City would benefit from savings in job related disabilities under Workers Compensation claims by employing a younger workforce. The motion offered by Mr. Trout, seconded by Ms. Wyatt, was unanimously adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bower~,,, 7. NAYS: None 0. BUDGET: The Director of Finance submitted a revised certificate advising that funds required for the 1998-99 General Fund, Water Fund, Sewage Treatment Fund, Civic Center Fund, Transportation Fund, City Information Systems Fund, Materials Control Fund, Management Services Fund, Utility Line Services Fund, Fleet Management Fund, Risk Management Fund, School Fund, and Grant Fund budgets will be available for appropriation. (For full text, see revised certificate on file in the City Clerk's Office.) Mr. Trout moved that the certificate be received and filed. The motion was seconded by Mr. Harris and unanimously adopted. 447 BUDGET: Mr. Harris offered the following emergency ordinance I adopting the annual G.eneral Fund Appropriation o..f the City of Roanok.. for the fiacal year beg,nning July 1, 1998 and ending June 30, t999, in the total amount of $168,561,934.00: (~33814-051198) AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July t, 1998 and ending June 30, 1999; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 477.) Mr. Harris moved the adoption of Ordinance No. 338t4-051198. The motion was seconded by Mr. Parrott and adopted by the following vota: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. BUDGET-WATER RESOURCES: Mr. Parrott offered the following emergency ordinance adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999, in the total amount of $9,175,250.00: (#33815-051198) AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July t, 1998 and ending June 30, 1999; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 480.) Mr. Parrott moved the adoption of Ordinance No. 338t5-051198. 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. 448 BUDGET-SEWERS AND STORM DRAINS: Mr. Swain offered the following eme.rg.e, ncy ordinance adopting the annual Sewage Treatm.ent ~ Fund Appropriation of the City of Roanoke for the fiscal year beginn,ng July t, 1998 and ending June 30, 1999, in the total amount of $9,878,100.00: (#33816-051198) AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, t998 and ending June 30, 1999; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 482.) Mr. Swain moved the adoption of Ordinance No. 33816-051198. 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. BUDGET-ROANO.K.E CIVIC C.E. NTER. Mr. T.r.o.ut offered the following emergency ord;nance adopting the annual Cwlc Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998, and ending June 30, 1999, in the total amount of $2,986,636.00: (#33817-051198) AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 483.) Mr. Trout moved the adoption of Ordinance No. 33817-051198. The motion was seconded by Mr. White and adopted by the following vote: 449 AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: Non= O. 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, 1998 and ending June 30, 1999, in the total amount of $2,832,883.00: (#33818-051198) AN ORDINANCE adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 484.) Mr. White moved the adoption of Ordinance No. 33818-051198. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None O. BUDGET-CITY INFORMATION SYSTEMS: Ms. Wyatt offered the following emergency ordinance adopting the annual City Information Systams Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, t999, in the total amount of $3,409,603.00: (#33819-051198) AN ORDINANCE adopting the annual City Information Systems Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, t998 and ending June 30, 1999; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 486.) 450 Ms. Wyatt moved the adoption of Ordinance No. 33819,051198. 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. BUDGET-GENERAL SERVICES: Mr. Harris offered the following emergency ordinance adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999, in the total amount of $t 51,350.00: (#33820-051198) AN ORDINANCE adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 487.) Mr. Harris moved the adoption of Ordinance No. 33820-051198. The motion 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. BUDGET-MANAGEMENT SERVICES: Mi. Parrott offered the following emergency ordinance adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999, in the total amount of $128,315.00: (#33821-051198) AN ORDINANCE adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, t999; and declaring the existence of an emergency. 451 (For full text of Ordinance, see Ordinance Book No. 60, page 488.) Mr. Parrott moved the adoption of Ordinance No. 33821-051198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrot/, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None O. BUDGET-UTILITY LINE SERVICES: Mr. Swain 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, 1998 and ending June 30, 1999, in the total amount of $3,240,997.00: (~33822-051198) AN ORDINANCE adopting the annual Utility Line Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, t998 and ending June 30, 1999; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 489.) Mr. Swain moved the adoption of Ordinance No. 33822-051198. 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. BUDGET-FLEET MAINTENANCE FUND: Mr. Trout offered the following emergency ordinance adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999, in the total amount of $4,557,610.00: (#33823-051198) AN ORDINANCE adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999; and declaring the existence of an emergency. .452 (For full text of Ordinance, see Ordinance Book No. 60, page 490.) Mr. Trout moved the adoption of Ordinance No. 33823-051198. I 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: Non: BUDGET-RISK MANAGEMENT FUND: Mr. White offered the following emergency ordinance adopting the annual Risk Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending' June 30, 1999, in the total amount of $6,653,344.00: (#33824-051198) AN ORDINANCE adopting the annual Risk Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 492.) Mr. White moved the adoption of Ordinance No. 33824-051198. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers.. 7. NAYS: None. BUDGET-SCHOOLS: Ms. Wyatt offered the following emergency ordinance adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, t998 and ending June 30, 1999, in the total amount of $92,081,915.00: (#33825-051198) AN ORDINANCE adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999; and declaring the existence of an emergency. 453 (For full text of Ordinance, see Ordinance Book No. 60, page 493.) Ms. Wyatt moved the adoption of Ordinance No. 33825445t198. The motion wes seconded by Mr. Harris end adopted by the following vote: AYES: Council Members Harris, Parrott, Trout, White, Wyatt, and Mayor Bowers 6. NAYS: Council Member Swain Council Member Swain advised that hie no vote was intended to send a message to the citizens of the City of Roanoke and to the Roanoke City School Board that the method by which the School Board handled pay increases for certain School administrators is not appreciat~L BUDGET-GRANTS: Mr. Harris offered the following emergency ordinance adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999, in the amount of $638,334.00: (ff33826-051198) AN ORDINANCE adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 494.) Mr. Harris moved the adoption of Ordinance No. 338264451198. The motion wes 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 BUDGET-CITY EMPLOYEES: Mr. Parrott offered the following emergency ordinance adopting and establishing a Pay Plan for officers and employees of the City, effective July 1, 1998; providing for certain salary adjustments and merit increases; authorizing annual salary 454 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 Department who are certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire Department who are members of the Regional Hazardous Materials Response Team; and repealing Ordinance No. 33396,051297, adopted on May 12, 1997, fo the extent of any inconsistencies, effective July 1, 1998: (#33827-051198) AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City, effective July t, 1998; 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 Firs Department who are members of the Regional Hazardous Materials Response Team; and repealing Ordinance No. 33396-051297, adopted May 12, 1997, to the extent, of any inconsistency; and providing for an emergency and an effective date. I (For full text of Ordinance, see Ordinance Book No. 60, page 496.) Mr. Parrott moved the adoption of Ordinance No. 33827-051t98. 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: Non... BUDGET-PENSIONS: Mr. Swain 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; viz: the retirement allowance payable on account of certain members of the City of Roanoke Pension Plan who retired on or before July 1, 1997, shall, effective July 1, 1998, be increased by two and one tenths per cent (2.1%) of itself, not including 455 any incentive payments made under the Voluntary Retirement Incentive Program established by Ordinance No. 30473-041591, adoptsd April 15, 199t, calculated as of July 1, 1998: (#33828-051198) 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. 60, page 500.) ACTION: Mr. Swain moved the adoption of Ordinance No. 33828-05t198. 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 O. BUDGET-CITY EMPLOYEES: Mr. Trout offered the following resolution relating to payment of a matching contribution of not less than five dollars nor more than ten dollars to the International City Management Association Retirement Corporation Deferred Compensation Plan on behalf of any nontemporary classified employee of the City who makes a contribution of an equal amount on his or her own behalf to such Plan; and repealing Resolution No. 334014)51297, adopted May 12, 1997: (~33829-051198) A RESOLUTION relating to payment of a matching contribution of not less than five dollars nor more than ten dollars to the International City Management Association Retirement Corporation Deferred Compensation Plan on behalf of any nontemporary classified employee of the City who makes a contribution of an equal amount on his or her own behalf to such Plan; and repealing Resolution No. 334014)51297, adopted May 12, 1997. (For full text of Resolution, see Resolution Book No. 60, page 502.) ACTION: Mr. Trout moved the adoption of Resolution No. 338294)51198. The motion was seconded by Mr. White and adopted by the following vote: 456 AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt, and Mayor Bowers 7. NAYS: None 0. BUDGET-HOUSING/AUTHORITY-COMMUNITY PLANNING- GRANTS: The City Manager submitted a written report advising that the U. S. Depa,~,,ent of Housing and Urban Development (HUD) requires that entitlement localities such as the City of Roanoke submit a five-year Consolidated Plan, with Annual Updates, in order to receive Community Development Block Grant and HOME Investment Partnership funding; the City receives annual CDBG and HOME grants from HUD based on a formula which considers age of housing, poverty levels and other "distress" factors; and the amount of the HUD formula grants is related to the number of entitlement communities nationwide and to how much the U. S. Congrses appropriates, rather than to anything that the City of Roanoke does. The City Manager recommended that he be authorized to submit an approved 1998-99 Annual Update to HUD for review and approval, with funding to be available from the following sources: New HUD Entitlements $ 2,723,000.00 Estimated Program Income 1,002,084.00 Estimated Carry-over 361.607.00 Subtotal Estimated Leveraged Funds 4,086,691.00 4.903.819.00 Total Estimated Budget $ 8,990,510.00 The City Manager explained that 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 1998-99 program, will be presented to Council for adoption. Mr. White offered the following resolution authorizing the City Manager to submit an approved Annual Update to the Consolidated Plan for FY 1998-99 to the United States Department of Housing and Urban Development (HUD) for final review and approval, and authorizing execution of the appropriate documents for acceptance of euch funding. 457 ACTION: (~33830-051198) A RESOLUTION authorizing the City Manager to submit an approved Annual Update to the Consolidated Plan for FY 1998-99 to the United States Depe,:.,,ent 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. 60, page 503.) Mr. White moved the adoption of Resolution No. 33830-051198. The motion was seconded by Ms. Wyatt and adopted by the following vote: ACTION: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers 7. NAYS: None 0. BUDGET-SEWERS AND STORM DRAINS-WATER RESOURCES: Ms. Wyatt moved that the following ordinance establishing a rate schedule for certain water and sewage rates as reflected in Exhibit A of the ordinance, for all water, sewage, firs service and related services and statements rendered on or after August 1, 1998 and July 1, 1999, be placed upon its first reading: (#33831) AN ORDINANCE establishing a rate schedule for certain water and sewage rates and related charges for services provided by the City effective August 1, 1998, and July t, 1999; and directing amendment of the Fee Compendium. (For full text of Ordinance, see Ordinance Book No. 60, page 507.) 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. 458 ACTION: ACTION: COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in Executive Session to discuss two personnel matters, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, one being evaluation of the City Manager, and the second being discussion of sslades for each of the Council-Appointed Officers, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. VVhite moved that Council concur in the request of the Mayor to convene in Executive Session to discuss two personnel matters, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, one being evaluation of the City Manager, and the second being discussion of salaries for each of the Council-Appointed Officers. 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. At 3:25 p.m., the Mayor declared the meeting in recess. At 4:10 p.m., the meeting reconvened in the Council Chamber, with Mayor 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: (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, Wllite, Wyatt and Mayor Bowers 7. NAYS: None .... 0. 459 DIRECTOR OF FINANCE-CITY CLERK-BUDGET-CITY A~-rORNEY- I CITY MANAGER-REAL ESTATE VALUATION-MUNICIPAL AUDITOR: Mr. Trout offered the following emergency ordinance .e. stablishing the salaries of the City Manager, City Attomey, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for fiscal year t998-99: (ff33832-051 t98) 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, 1998; and providing for an emergency and an effective date. ~ (For full text of Ordinance, see Ordinance Book No. 60, page 504.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33832-051198. 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. At 4:15 p.m., the Mayor declared the meeting in recess. At 5:05 p.m., the meeting reconvened in the Council Chamber, with Vice-Mayor Wyatt presiding, and all Members of the Council in attendance, with the exception of Mayor Bowers and Council Member Parrott. (The Mayor and Council Member Parrott left the meeting during the Executive Session.) ACTION: 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: 460 AYES: Council Members Harris, Swain, Trout, White and Vice- Mayor Wyatt .5. NAYS: None 0. (Mayor Bowers and Council Member Parrott were absent). There being no further business, the Vice-Mayor declared the Special Meeting adjourned at 5:07 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 461 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL May 18, 1998 12:15 p. m. The Council of the City of Roanoke met in regular session on Monday, May 18, 1998, at 12:t5 p. m., in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule t, ~ of Section 2-15, ~d~, Code of the City of Roanoke (1979), as amended. PRESENT: Council Member~ John H. Parrott, Carroll E. Swain, William White, Sr., Linda F. Wyatt, C. Nelson Harris and Mayor David A. Bowers. 6. ABSENT: Council Member James O. Trout- OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attomey; Jesse A. Hall, Deputy Director of Finance; and Mary F. Parker, City Clerk. At 12:17 p.m., the Mayor declared the meeting in recess. At 12:40 p.m., the meeting reconvened in the Social Services Conference Room, Room 306, Municipal North, with the following Council Members in attendance, with Mayor Bowers presiding, for the purpose of meeting with United States Congressman Robert W. Goodlatte to discuss matters of mutual interest and conce111. PRESENT: Council Members Harris, Parrott, Swain, White, White and Mayor Bowers ---6. ABSENT: Council Member Trout- 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. OTHERS PRESENT: Congressman Robert W. Goodlatte; Peter S. Larkin, District Director, Roanoke Office of Congressman Goodlatte; Willard N. Claytor, Director, Real Estate Valuation; Kit B. Kiser, Director, Utilities and Operations; William F. Clark, Director, Public Works; Glenn D. Radcliffe, Director, Human Resources; and George C. Snead, Jr., Director, Public Safety. 462 COUHCIL-LEGISLATION: On behalf of the Members of Council and City staff, the Mayor welcomed Congressman Goodlatts to the meeting and expressed appreciation for his interest in meeting with the City on an annual basis. The City Manager presented a list of issues pending with the Federal Government; whereupon, Congressman Goodlatts spoke to the following: Status of widenino of Interstate 81: Congressman Goodlatte advised that Interstate 81 is a major artery to the northeast and to the southwest, the highway is overloaded with traffic and is in need of additional lanes. He stated that the Virginia Depa,;,,,ent of Transportation is currently in the engineering phase of that process and some widening will most likely take place within the next two to three years. He added that funding will present a problem, which is also true of the 1-73 project, and the 1-73 project is the result of efforts of Congress to relocate a highway supported by the States of North Carolina and West Virginia that will extend down 1-77. He stated that Roanoke was successful in locating 1-73 through this area, although the exact location is in the process of being determined; the DepaH,,,ent of Transportation has held a number of field hearings and citizens have been invited to offer suggestions, and the Department of Transportation has narrowed those suggestions down to several alternatives that will receive further attention. He added that it is anticipated that the highway will be ready for construction in approximately five years depending upon funding. He stated that he has worked diligently to insure that Virginia receives its fair share of highway funding, and explained that currently for every one dollar that Virginia taxpayers spend at the pumps in Federal gas tax, the Commonwealth of Virginia receives 79 cents, while certain other states receive considerabty more, with no justification for the disparity. Therefore, he advised that a coalition was formed consisting of representatives of a number of southern and midwestsm states to address a more equitable allocation of funding of the Highway Trust Fund and the Commonwealth of Virginia was successful in getting a 70 per cent increase from approximately $400 million per year to over $700 million per year. He stated that Virginia has increased its return from 79 cents to 90 cents on the dollar and all funds derived from the gasoline tax are required to be used for transportation needs and not placed in the General Fund. He stated that these additional funds are vitally important to making major improvements to 1-81 and to construct 1-73, and the Roanoke to North Carolina segment of 1-73 will cost approximately $600 million to $1 billion. 463 EmDowerment Zone: Congressman Goodlatte advised that it is his understanding that the City of Roanoke plans to apply for Round 2 funding with the U. S. Department of Housing an.d Urban Development within the next few months to designate certain inner City ne,ghborhoods es an Empowerment Zone. He offered hie assistance by contacting Department of Housing and Urban Development officials on the City's behalf, if necessary. Status of m-authorization of the Airnort Improvement Proaram: The City Manager advised that legislation to fund this program is pending; there are attempts to reduce the funding; this funding is basic to airport operations and includes such things ss maintenance of runways; and it is crucial that it be reauthorized at current funding levels. Congressman Goodlatta advised that he strongly supports the Airport Improvement Program, and he has worked with City officials and the Roanoke Regional Airport Commission in connection with construction of the new tower to insure that the process proceeds as expeditiously as possible. Mass Transit: The City Manager advised that the Federal Operating Subsidy which is funding for Valley Metro has decreased; and the City requests that full funding and inflation increases be restored. Congressman Goodlatte advised that the operating subsidy for Valley Metro has decreased, although last year a $200,000.00 increase was included over the previous year, however, the funding level is still not where it was five years ago. Also, he stated that the larger cities tend to have less need of the operating subsidy due to a heavy amount of usage. He explained that the Highway Bill which passed the House of Representatives included additional funds in the amount of $200,000.00 for capital improvements for the bus system which was maintained in the conference report, and suggested that the City go on record in support of retaining the $200,000.00 by contacting Senator John W. Warner, Chairman of the Senate Subcommittee and a key person on the Conference Board of the House of Representatives. With regard to tourism, Congressman Goodlatte advised that he requested $500,000.00 in the Highway Bill for restoration of the former train station which will also be dependent upon action of the Conference Board, the House of Representatives and the Senate. 464 There was further discussion with regard to 1-73 in which Congressman Goo. dlatte advised that .the Roanoke to North Carolina segment of the highway project could start within five years, and the State appropriated $6 million for engineering and environmental portions of the work approximately one year ago. He stated that the location of the road will be of great importance to communities and to individuals along the 1-73 corridor; therefor, construction will begin based on how smoothly the process goes. He called attention to a longer term road that will have an impact on the Roanoke Valley which is an east-west interstate highway that would enter the State of Virginia at Covington, come down to Botatourt County, nor{;, of Roanoke along Route 460 and go through Lynchburg to Norfolk. Congressman Goodlatta advised that he has been approached by Downtown Roanoke, Inc., and certain businesses in downtown Roanoke with regard to a problem with flood insurance, and referred to flood insurance regulations which require that the value of an entire building be insured, even though the basement of the structure is not used. He stated that the regulations are too stringent, therefor, he has contacted The Federal Emergency Management Association (FEMA) and the appropriate committee in the Congress to request a review of the regulations. Congressman Goodlatte called attention to a meeting with the Mayor, the City Manager and Vice-Mayor Wyatt some time ago with regard to an easement across the Appalachian Trail at Carvins Cove and noted that he was pleased to see that there has been some progress, although the issue of whether or not an easement will be granted across the land for future utilities remains unresolved. He offered his assistance if the City finds a way to obtain the easements, because the National Forest and the Appalachian Trail should not be an impediment to economic development in the area. Mr. Parrott advised that when the City purchases property, it is responsible for insuring all liabilities, and inquired if the General Assembly plans to address the issue of perpetual liability for environmental problems. Congressman Goodlatte advised that the matter has been one of the most contentious and slow moving issues in the Congress. In regard to flood control projects, he further advised that the City had to scale back on some of the areas proposed for flood control because it would be assuming liability and potential hazardous waste disposal as a result of the way that the Superfund law was originally written. He statad that the law should be changed in order to hold the parties at fault responsible and not delay economic growth in an entire area. The City Attorney advised that a potential solution to the environmental problems for municipalities would be to exempt localities from liability when they acquire a mere easement for construction of water and sewer lines or a drainage 465 project. He stated that during the course of s year, the City might acquire hundreds I of essementa an.d. it is unclear under current law w~.. etC..er by mealy acquiring an easement the City might in.cu.r .e..n.v,ronmental I,ab~lity by v,rtue of a prior contamination; therefor, mun,c,pahtiss need to be exempted when acquiring easements. Vice-Mayor Wyatt inquired as to the status of the encryption bill; whereupon, Congressman Goodlatte advised that the bill has passed through five different committees of the Congress, and four different versions of the bill have been drafted. He stated that it would be helpful for the City of Roanoke, which hae considerable telemarketing and direct marketing businesses, to be able to assure customers that when they publish their credit card number on the Internet they will not be subjected to certain difficulties. He added that Roanoke is a major medical center and the ability to send medical records elsewhere with the assurance that the records will not be interfered with on the Intemet is also important. He stated that industrial espionage is a major problem nationwide and it is a $100 billion a year business, legislation has been drafted to address concerns, and it is hoped that the House of Representatives will vote on the legislation this year. There being no further business, the Mayor declared the meeting in recess at 1:15 p.m., to be reconvened in the City Council Chamber at 2:00 p.m. At 2:00 p.m., on Monday, May t8, 1998, 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 John H. Parrott, Ce,oil E. Swain, William White, Sr., Linde F. Wyatt, C. Nelson Harris and Mayor David A. Bowers 6. ABSENT: Council Member James O. Trout 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 reconvened meeting was opened with a prayer by The Reverend Carl T. Tinsley, Pastor, First Baptist Church of Buena Vista. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. 466 ACTION: ACTS OF ACKNOWLEDGEMENT-SCHOOLS: The Mayor recognized students from the Odyssey of the Mind team, Crystal Spring Elementary School, who placed first in State Competition, and will represent the Commonwsslth of Virginia in the Odyssey of the Mind World Competition to be held at Walt Disney Resort in late May, 1998. The Mayor advised thet all mettere 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 celled specific attention to three requests for Executive Session to discuss and consider a mettar of actual litigation pending against the City of Roanoke in a Circuit Court of the Commonwealth; a matter regarding expansion of an existing business where no previous announcement has been made of the businesses' interest in expending in the community; and 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 convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions end committees appointed by the 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.) 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. Swain and adopted by the following vote: i 467 AYES: Council Members Parrott, Swain, White, Wyatt, Harris and I Mayor Bowers 6. NAYS: None 0. (Council Member Trout was absent). CITY ATTORNEY-COUNCIL: A report of the City Attorney requesting that Council convene in Executive Session to discuss a matter with regard to actual litigation pending against the City of Roanoke in a Circuit Court of the Commonwealth of Virginia, 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 Attorney to convene in Executive Session to discuss a matter with regard to actual litigation pending against the City of Roanoke in a Circuit Court of the Commonwealth of Virginia, 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 Parrott, Swain, White, Wyatt, Harris and Mayor Bowers 6. NAYS: None 0. (Council Member Trout was absent). BUILDINGS/BUILDING DEPARTMENT: A report of the City Manager with regard to evaluation of the effectiveness of the City's enforcement of the Building Code, was before Council. It was advised that property insurance rates are affected by the general risk of damage or loss of property; the Insurance Services Office, Inc., (IS0) is a private organization, supported by insurance companies, that provides insurers with risk and underwriting information which insurers may use to set insurance rates; the "Building Code Effectiveness Grading Schedule" (BCEGS) is a 100- point scale developed by ISO to evaluate administration of the Building Code to new construction only; and an "Effectiveness Classification", 468 which is based on a scale from 1 (highest ~ting) to t0 (lowest rating), is assigned to each jurisdiction evaluated w;th BCEGS; a.n.d the higher the rating (i.e. lower the classification number), the more hkely insurers ara to reduce the insurance rates for new buildings. It wes further advised that Roanoke's Building Department was evaluated by ISO using the BCEGS in September 1997; the Building Depa, l,,,ent's rating was 78.84 on the 100-point scale, equal to an Effectiveness Classification of 3 both for 1- and 2-family residential and commercial and industrial construction; the Effectiveness Classification of 3 places Roanoke in the highest ranking group of Virginia localities evaluated by ISO; and to the best of the City's knowledge, no other locality in the state has received an Effectiveness Classification higher than 3. In conclusion, the City Manager pointed out that the high rating of the City's Building Department indicates the quality of its operations and may result in insurance savings to the owners of newly constructed buildings in the City; and congratulations are in order to all Building Department staff for their excellent service to the community. (For full text, see report on file in the City Clerk's Office.) I 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 Membera Swain, White, Wyatt, Harris, Parrott and Mayor Bowers 6. NAYS: None .......... 0. (Council Member Trout 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 May 5, 1998, was before Council. 469 "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the May 5, 1998 General Election, for MEMBER CITY COUNCIL Names of Candidates Total Votes Received (In Figures) C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. C. G. "Chris" Muse John H. "Jack" Parrott W. D. "Bill" Bestpitch Joseph F. "Joe" Nash Mark Oliver Matt 4,947 4,548 4,551 2,581 4,351 2,733 2,889 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 May 5, t998, 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 W. Alvin Hudson, Jr. William White, Sr. Given under our hands this 5th day of May, 1998. A copy teste: Charles T. Green, Chairman Frances Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Buffer, Jr., Secretary, Electoral Board" (For full text, see communication and Abstract of Votes on file in the City Clerk's Office.) 470 ACTION: ACTION: Mr. White moved that the communication and Abstract of Votes be received and filed. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Membera Parrott, Swein, Wl~ite, Wyatt, Harris and Mayor Bowers 6. NAYS: None., (Council Member Trout was absent). HOUSING/AUTHORITY-ARCHITECTURAL REVIEW BOARD- OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Brenda A. Powell as a member of the Fair Housing Board for a term ending March 31, 2001; and Alison S. Blanton as a member of the Architectural Review Board for a term ending October 1, 2001. (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: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowera 6. NAYS: Nono (Council Member Trout was absent). INDUSTRIES-COUNCIL: A report of the City Manager requesting that Council convene in Executive Session to discuss a matter with regard to expansion of an existing business where no previous announcement has be. ch made of the businesses' interest in expanding in the community, specifically to discuss inducements that may be offered to such business to expand in the community, pursuant to Section 2 1-344 (A)(5), Code of Virginia (1950), as amended, was before the body. 471 (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 expansion of an existing business where no previous announcement has been made of the businesses' interest in expanding in the community, specifically to discuss inducements that may be offered to such business to expand in the community, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers 6. NAYS: None 0. (Council Member Trout was absent). HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of $199,90t.00 from the 1997-98 Capital Maintenance and Equipment Replacement Fund for site-bssed technology, roof design at Westaide Elementary School, and facility maintenance, was before Council. The Director of Finance submitted a written report advising that this is the seventh and final appropriation of the School Board's fiscal year 1997 CMERP funding of $1,877,074.00 and recommended that Council concur in the request. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (~33833-051898) AN ORDINANCE to amend and reordain certain sections of the 1997-98 School and General Fund Appropriations, and providing for an emergency. 472 ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 511.) Mr. Swain moved the adoption of Ordinance No. 33833-051898. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers 6. NAYS: None ....... 0. (Council Member Trout was absent). REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-FLOOD REDUCTION/CONTROL-WATER RESOURCES: The City .Manager submitted a written report advising that the Local Cooperation Agreement (LCA) for the Roanoke River Flood Reduction Project was executed with the U. S. Army Corps of Engineers on June 25, 1990; commitment to fund under the LCA is five per cent local cash match for project and construction costs, 100 per cent for lands and easements, 100 per cent for relocation costs, and 50 per cent for the recreation trail; and $808,000.00 was included in transfers to Capital Projects Fund as part of the approved General Fund budget for fiscal year 1998 in support of the project; therefore, budgeted funding of $808,000.00 needs to be transferred to the Capital Projects Fund and appropriated to the proper Capital Projects Fund account. The City Manager recommended that $808,000.00 be transferred from the General Fund, Account No. 001-004-9310-9508, to the Capital Projects Fund, and appropriate same in the Capital Projects 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: ACTION: (#33834-051898) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 513.) Mr. Harris moved the adoption of Ordinance No. 33834-051898. The motion was seconded by Mr. Pawott and adopted by the following vota: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers 6. NAYS: None-. 0. (Council Member Trout was absent). Council Member Swain requested a briefing on actions taken by those jurisdictions upstream from the Roanoke River with regard to flood reduction/control. SEWERS AND STORM DRAINS-BONDS/BOND ISSUES-BUDGET- CONSULTANTS REPORTS-WATER RESOURCES: The City Manager submitted a written report advising that several significant drainage problems have existed for many years along Murdock Creek which is located in the Greater Deyerle Neighborhood; projects included in the Murdock Creek Drainage Project will replace the undersized street culverts on Clara Avenue and Knollwood Road and construct a storm drainage system along Deyerle Road near Valentine Avenue; and the Murdock Creek Drainage Projects are included in the Capital Improvement Program (CIP), approved by Council on July 2t, 1997. It was further advised that Council is requested to appropriate funds for the Murdock Creek Drainage Project design; a proposed contract with Mattem & Craig, Inc., provides for an engineering design of the Murdock Creek Drainage Projects to stay within the construction and property Hghte acquisition budget of $588,100.00; the engineering design will replace the undersized street culverts on Clara Avenue and Knollwood Road and construct a storm drainage system along DeyeHe Road near Valentine Avenue, as allowed within budgetary constraints; 473 474 ACTION: and the proposal of Mattern & Craig, Inc., for professional design services necessary for the project is $6t,900.00; and adding a five per cent contingency for potential scope of work changes in the project design will bring the total fee to $65,000.00. The City Manager recommended that Council appropriate $65,000.00 from t997 Bond Proceeds to an account entitled, "Murdock Creek Drainage Project", to fund an engineering design contract with Mattern & Craig, Inc. (For full text, see report on file in the City Clerk's Or, ce.) Mr. Harris offered the following emergency budget ordinance: (#33835-051898) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 513.) Mr. Harris moved the adoption of Ordinance No. 33835-051898. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers 6. NAYS: None 0. (Council Member Trout was absent). TRAFFIC-BONDS/BOND ISSUES-BUDGET-BRIDGES-CAPITAL IMPROVEMENTS PROGRAM-WATER RESOURCES: The City Manager submitted a written report advising that the Transfer to Capital Projects Fund account in the General Fund budget includes $310,000.00 for transportation projects in FY 1997-1998; this amount has not been appropriated in accounts in the Capital Projects Fund, which needs to be done in order to properly reserve the funds for those transportation projects that they were intended to finance; and Capital Improvement Program projects related to transportation would ultimately have up to $310,000.00 available as a supplement to funding previously made available from the past two bond referendums. ACTION: The City Manager recommended that Council appropriate $310,000.00 from Transfer from General Fund in Capital Projects Fund accounts, as fellows: $250,000.00 to Capital Improvement Reserve for Streets and Bridges; and $60,000.00 to Traffic Signals - Install New Signals, Account No. 008-052-9561-9003. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#33836-951898) AN ORDINANCE to amend and reordain certain sections of the t997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 514.) Mr. Harris moved the adoption of Ordinance No. 338364)51898. The motion was seconded by Mr. Parrott and adopted by the following vote: 475 AYES: Council Members Parrott, Swain, Wl~ite, Wyatt, Harris and Mayor Bowers 6. NAYS: None 0. i (Council Member Trout was absent). COUNCIL-JUVENILE CORRECTIONAL FACILITIES: The City Manager, City Attorney and Director of Finance submitted a written report advising that the City of Roanoke owns and operates the Juvenile Detention Center located in Botetourt County, which operation is partially funded by the State Department of Juvenile Justice; the original structure was built in 1960 and expanded in 1979, and does not meet current bed space needs or building codes/regulations for secure detention centers; the current licensed capacity of the Juvenile Detention Center is 21 beds; however, the Stats Board of Juvenile Justice approved a Needs Assessment Study in April 1996 for expansion of the Center to 43 beds to accommodate the needs of Roanoke City and Botetourt County. 476 It was further advised that the Juvenile Detention Center had operated as a regional facility until the Fall of 1996, providing, bed space on a par diem reimbursement basis to other reg,onal jurisdictions, including Botetourt, Franklin, and Roanoke Counties, and the City of Salem; however, at that time, the City restricted access to other jurisdictions because of overcrowding and the possible loss of licensure from the State; and other jurisdictions would be allowed bed space only if the population was under the licensed capacity of 21; the State Board of Juvenile Justice approved a Planning Study in July 1997 for renovating and expanding the Juvenile Detention Center from a 21 bed facility to a 43 bed facility and approved preliminary construction plans in January 1998 for expanding and renovating the Center to a 43 bed capacity; and $2,187,000.00 in general obligation bonds have been approved by City voters in previous bond referendums to help finance the local share of the total coat of expanding and renovating the Center. It was noted that the City of Salem and Counties of Franklin and Roanoke secured approval of a Needs Assessment Study by the State Board of Juvenile Justice in November 1997 which acknowledged the need for 38 additional detention beds in the region, to be allocated as follows: - - County of Roanoke 20 beds City of Salem 10 beds County of Franklin 8 beds It was further noted that the three localities were authorized to initiate a Planning Study to determine the best option for constructing 38 additional detention beds in the region; the Department of Juvenile Justice encouraged negotiations by all jurisdictions to develop a regional facility; and the City of Salem and Counties of Franklin and Roanoke hired Hayes, Seay, Mattem and Mattern (HSMM) to develop feasibility and design plans for adding 38 beds to Roanoke City's proposed 43 bed facility. It was explained that the State Deparb.ent of Juvenile Justice gave preliminary approval to the revised regional Planning Study to avoid further delays in Roanoke City's expansion project, however, approval must be secured from the State Board of Juvenile Justice; in order to secure Board approval, all participating jurisdictions must submit resolutions adopted by their governing bodies expressing the intent to participate in a regional facility with the revised Planning 477 Study when presented to the State Board of Juvenile Justice for approval; end the Planning Study must be considered and approved by the State Board of Juvenile Justice at its regularly scheduled meeting on July 8 if the project is to be considered for funding in the next budgetary planning cycle by the State. The City Manager advised that a team was appointed in March 1998 to rapidly re-evaluate all options available to Roanoke City for fast-tracking the renovation and expansion of the Juvenile Detention Center to meet bed space requirements; and the team evaluated three primary options for meeting detention bed space needs of Roanoke City: 43 bed facility owned, operated and constructed by Roanoke City at the existing site in Botetourt County that would provide bed space only to Roanoke City end to othere, including Botetourt County, on a per diem reimbursement basis; 81 bed facility owned, operated, and constructed by Roanoke City at the existing site in Botetourt County that would provide bed space to the Cities of Roanoke and Salem and the Counties of Botetourt, Franklin and Roanoke on a contractual per diem reimbursement basis; and 81 bed facility owned, operated and constructed by a regional commission at the existing site in Botetourt County that would provide bed space to the Cities of Roanoke and Salem and the Counties of Botetourt, Franklin and Roanoke on a contractual per diem reimbursement basis. It was explained that the team concluded that the third option, an 81 bed facility owned, operated and constructed by a regional commission at the existing site in Botetourt County, is in the best interests of the City after a thorough evaluation of all issues as they relate to each of the three options, and the team recommended that option to the City Manager; and the City Manager authorized the team to negotiate that option with other participating jurisdictions. 478 ACTION: The City Manager recommended that Council adopt a resolution authorizing th.e. creation of and the City's participation in the Roanoke Valley. Detention Center Commission; that the City Manager be authorized to execute an agreement with other member jurisdictions and the Commission, in a form to be approved by the City Attorney, fo allow construction and operation of an 81 bed regional juvenile detention center; and authorize sale of the building known as the Roanoke City Juvenile Detention Center in Botstourt County, which consists of approximately 8.5 acres of land surrounding the Center, and the personal property used at the Center. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (f~33837-051898) A RESOLUTION indicating the City of Roanoke's intention to participate with the City of Salem, and the Counties of Franklin, Roanoke, and Botetourt, should Botetourt County choose fo participate, in the Roanoke Valley Detention Commission (the "Commission"), requesting the Commonwealth of Virginia to reimburse the Commission for eligible construction costs of the Juvenile Detention Center, and requesting the Board of Juvenile Justice to approve the revised Program Design and Planning Study. I r (For full text of Resolution, see Resolution Book No. 60, page 515.) Mr. Harris moved the adoption of Resolution No. 338374)51898. The motion was seconded by Mr. Swain. Vice-Mayor Wyatt advised that she supports the Regional Juvenile Detention Center; however, she stated that when discussions started regarding the facility approximately three months ago, she met with City staff and expressed concern that a larger jail for young persons is not what the Roanoke Valley needs, but there is an opportunity to provide a facility that could make changes in the lives of children, and in order to do so, it is vitally important to provide in-depth training for those staff persons who will work with children at the Juvenile Detention Center. She added that more of an impact would be made by the staff who work with these children than by the building in which the children are housed. She expressed concern that she stressed this point on numerous occasions, and requested that it be a part of negotiations with the various jurisdictions; however, her 479 ACTION: concem has not been addressed in the City Manager's report, and for that reason, she could not support the measures which have been presented to Council for consideration. The City Manager responded that staff training was discussed in individual briefings with Council Members and Members of Council asked that the matter be included in the service agreement. He stated that all of the participating jurisdictions agreed to include the staff training provision in future documents that address operational issues of the Regional Juvenile Detention Center and all of the jurisdictions represented agreed that minimum staff training ia no longer the standard. Based on the City Manager's explanation, Vice-Mayor Wyatt advised that she would support the recommendation of the City Manager; however, she would monitor future documents to insure that appropriate staff training is addressed. Resolution No. 33837-051898 was adopted by the following vote: AYES: Council Members Parrott, Swain, Wltito, Wyatt, Harris and Mayor Bowers 6. NAYS: None .... (Council Member Trout was absent). Ow Mr. Harris moved that the following ordinance be placed upon its first reading: (~33838) AN ORDINANCE authorizing the City Manager to execute the Roanoke Valley Detention Commission Service Agreement by and among the Commission, the City of Salem, and the Counties of Franklin, Roanoke and Botetourt, should Botetourt choose to participate, and to execute the necessary documents providing for the sale and conveyance of property owned by the City and commonly known as the Roanoke City Juvenile Detention Center in Botetourt County, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 531.) 480 The motion was seconded by Mr. Swain and adopted by the following vote: ~ AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers 6. NAYS: None 0. (Council Member Trout was absent). The Mayor requested that former Council Member Mary C. Pickett be invited to attend special activities establishing the Regional Juvenile Detention Center. ACTION: CITY CODE-SWIMMING POOLS-FEE COMPENDIUM: The City Manager submitted a written report advising that the City Code, Section 15-26, authorizes the Depa,~,,ent of Health to adopt and enforce rules and regulations governing the design, construction, equipment and operation of all public swimming pools; health permits are required before any parson may construct, reconstruct, extensively alter, or operate a public swimming pool in Roanoke City; and the Virginia Department of Health has nonspecific rules governing public swimming pools permitted in .t~.urist establishments, but does not have rules governing other pubhc swimming pools. The City Manager recommended that Council repeal Article II, ~ of Chapter 15, Health and Sanitation Generally, Code of the City of Roanoke (t979), as amended, and enact a new Article II to ensure that public swimming pools in Roanoke City are constructed, operated, and maintained in a manner that protects public welfare, health, and safety. (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: (#33839) AN ORDINANCE amending Article II. ~ of Chapter 15, Health and Sanitation Generally. of the Code of the City of Roanoke (1979), as amended, by amending §15-22 -D~zo_~, §15- 23, Violations of article. §15-24, Inspection to enforce article; submission of records to health de_~artmen[ §15-25, _~ declared _Dublic nuisance. §15-26, Rules and re,_ulations for deeion. construction, etc.. §15-27, Pe,~,;~;t to construct, alter or oDerate, §15-28, Su=erviaorv Deraonnel, and by adding new §15-29, Safe~ and rescue e,_ui_=ment and code standards: other safe~ features, and §15-30, _General safe~ _=rovisions and securi~, to provide for consistent regulations among the localities; amending the City's Fee Compendium to provide for an application fee for a swimming pool permit; end providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 60, page 532.) The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Membera Parrott, Swain, White, Wyatt, Harris and Mayor Bowera 6. NAYS: Nono 0. (Council Member Trout was absent). BUDGET-GRANTS-YOUTH: The City Manager submitted · written report advising that the City of Roanoke receives funding from the State Department of Juvenile Justice to administer and operate 12 Juvenile Justice programs which are funded through the Virginia Juvenile Community Control Act (VJCCCA); and the City of Roanoke has budgeted $1,118,254.00 in VJCCCA fending for fiscal year 1997-98. It was further advised that the 1995 Virginia General Assembly enacted the Virginia Juvenile Community Crime Control Act (VJCCCA), effective January 1, 1996, as follows: VJCCCA replaced the block grant system for all community-based programs and services except secure detention homes; and the purpose of. the Act is to establish a balanced community-based system of sanctioned programs and services for juvenile offenders. VJCCCA allows localities to use unexpended State fends between biennial years; the City has $182,595.00 in unexpended State funds from FY 1996-97 for use in FY 1997-98; this is comprised of $23,556.00 of CMERP 481 482 funding which arose from unexpended VJCCCA funds in the General Fund as well as $138,389.00 of unexpended grant funds; funding in the amount of $20,650.00 from the unexpended VJCCCA funds pool was previously rssppropriated as a part of the FY 1997-98 VJCCCA program plan approved by the Department of Juvenile Justice. The City of Roanoke will receive an additional $2,330.00 in VJCCCA revenue as a result of the m-application of the funding formula. Itwas hotel that unexpended State funds and new revenue will be used to supplement existing programs and to provide three new service programs for the juvenile justice population in Roanoke City. The City Manager recommended that Council transfer unexpended State funds and appropriate additional stere revenue and CMERP funds, as follows: Increase VJCCCA revenue (001-020-1234-0723) in the amount of $2,330.00; Transfer $t38,389.00 in unexpended State funds from FY 1996-97 from Grant Fund accounte listed in Exhibit A, appropriate $23,556.00 from the FY 1996-97 year end fund balance (CMERP), and appropriate $2,330.00 in additional revenue to accounts listed; and Adjust the following revenue accounts to reflect reclassifications in the original VJCCCA program budgete between the General and Grant Funds: Decrease Transfers to Grant Fund (001-004-9310-9535) ($80,704.00) Decrease VJCCCA FY98 Revenue (035-035-1234-7255) ($80,704.00) (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: 483 ACTION: (~338404)51898) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General and Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 517.) Mr. White moved the adoption of Ordinance No. 338404)51898. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers 8. NAYS: None 0. (Council Member Trout was absent). BUDGET-CITY EMPLOYEES-PERSONNEL LAPSE FUNDS: The City Manager and the Director of Finance submitted a joint written report advising that personnel lapse is generated due to employee tumover and vacancies in various City depsrtmente; and for the current fiscal year, salary savings of $825,000.00 are projected as a result of these vacancies. It was explained that the quarterly report will provide a budget ordinance that encompasses all quarters, eliminates the budgeted lapse amount and adjusts affected depa,~,,,ental operating budgets; total estimated personnel lapse generated for fiscal year 1997-98 is $1,210,000.00; and personnel lapse generated exceeds the estimate of $825,000.00 by $385,000.00; and the excess lapse will be used as follows: Solid Waste Management/Refuse - $335,000.00 will be transferred to Fees for Professional Services to cover costs associated with startup of Phases I and II of the automated/semi-automated residential refuse collection program; and Civic Center - $50,000.00 will be transferred to Fees for Professional Services to cover costs associated with hosting the Virginia Municipal League Annual Conference in the fell season of 1998. 484 ACTION: The City Manager recommended that Council authorize the transfer of $825,000.00 from various departmental accounts to Personnel Lapse Account No. 001-002.9410-1090, $335,000.00 to Solid Waste Management and $50,000.00 to the Civic Center Fund. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (ft33841-051898) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund and Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 521.) Mr. Parrott moved the adoption of Ordinance No. 33841-051898. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers 6. NAYS: None 0. (Council Member Trout was absent). DIRECTOR OF FINANCE: CITY NURSING HOME-BUDGET-HUMAN DEVELOPMENT: The Director of Finance submitted a written report advising that Council authorized transfer of the City Nursing Home operation to SmithlPackett Med-Com, Inc., on August 14, 1995 pursuant to Ordinance No. 32590. It was further advised that the City accounted for operation of the Nursing Home as an Enterprise Fund, supported by patient fees and an annual operating subsidy from the General Fund of approximately $500,000.00; discontinuing operation of the Nursing Home allows the annual operating subsidy to be redirected to fund other projects; for example, the amount of the operating subsidy has been used in the current year to help finance the 800 MHZ Regional Radio Project and the FY99 recommended budget proposes the same; and in future years, the operating subsidy will be used to repay bonds issued to finance the 1998-2002 Capital Improvement Program. It was nord that discontinuing the Nursing Home operation necessitates closure of the Nursing Home Enterprise Fund and transfer of remaining equity back to the General Fund; and after discontinuance of operation, the remaining equity totaled $321,518.00, and of this amount, $260,000.00 was appropriated to help fund the 800 MHZ Regional Radio Project (Ordinance No. 33673), leaving a balance of $61,518.00. It was explained that during the fiscal year 1996-97 budget study process, Council made a commitment to provide funding up to $250,000.00 for the National D-Day Memorial Foundation over a five- year period; currently, $t00,000.00 of this commitment has been paid, and the remaining equity in the Nursing Home Fund provides an opportunity to make the third $50,000.00 contribution toward the City's $250,000.00 commitment. The Director of Finance recommended that Council adopt a budget ordinance transferring the remaining residual equity to the General Fund, $50,000.00 of which will be appropriated to an account to be paid to the National D-Day Memorial Foundation, and the remaining $11,518.00 will be appropriated to the General Fund Contingency; and closure of the Nursing Home Fund, effective June 30, 1998. 485 ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (~33842-051898) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 526.) Mr. Swain moved the adoption of Ordinance No. 33842-051898. The motion was seconded by Mr. Harris and adopted by the following vote: 486 ACTION: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers $. NAYS: None 0. (Council Member Trout was absent). BUDGET-CITY EMPLOYEES-PENSIONS: The Director of Finance submitted a written report advising that Council, on Monday, May 11, 1998, tentatively approved the following enhancements to the City of Roanoke Pension Plan for the Employee Supplemental Retirement System (ESRS): Calculate the basic benefit by applying the Rule of 70 for public safety employees with a minimum age of 45, and the Rule of 80 for general employees with a minimum age of 50. (This new definition of normal retirement age for public safety employees would be any combination of age and years of service equal to 70 and for general employees would be any combination of age and years of service equal to 80), effective July 1, 1998; and A period of two months be available for membere of the Employees Retirement System (ERS) to have the I opportunity to transfer to the ESRS (July 1 - August 31, 1998). It was further advised that employees of the City of Roanoke and members of the City of Roanoke Pension Plan who retire on or after July t with 20 years of creditable service will receive a $t59 a month supplement which benefit would cease upon the retiree attaining age 65; and employees of the ERS and ESRS are eligible for this benefit. The Director of Finance recommended that Council adopt measures enacting the above pension fund enhancements. (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: 487 (~33843) AN ORDINANCE amending and reordaining subsection (a) of §22.1 ~.~, Normal service retirement, Code of the City of Roanoke (1979), as emended, to provide for use of a Rule of 70 for calculation of normal retirement age for firefightere and deputized police officers and a Rule of 80 for calculation of normal retirement age for all other City employees; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 60, page 543.) The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, Swain, Wltite, Wyatt, Harris and Mayor Bowere 6. NAYS: None 0. (Council Member Trout was absent). ACTION: Mr. Harris moved that the following ordinance be placed upon its first reading: (#33844) AN ORDINANCE amending and reordaining §22.1-3, Memberehiu _~enerallv. of Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (c2) providing for a new window of opportunity during which membere of the Employees' Retirement System may transfer to the Employees' Supplemental Retirement System. (For full text of Ordinance, see Ordinance Book No. 60, page 545.) The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers 6. NAYS: None 0. (Council Member Trout was absent). Mr. Harris offered the following resolution: 488 ACTION: (#33845-051898) A RESOLUTION providing for payment of a monetary supplement to certain members of the City of Roanoke Pension Plan who retire prior to attaining age sixty-five. (For full text of Resolution, see Resolution Book No. 60, page 527.) Mr. Harris moved the adoption of Resolution No. 33845-051898. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers 6. NAYS: None .... 0. (Council Member Trout was absent). REPORTS OF COMMITTEES: BUDGET-WATER RESOURCES: Council Member John H. Parrott, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connecti.o.n with bids received by the CJ.ty for construction of the Frenkl,n Road Water Main Replacement ProJect. The Bid Committee advised that the t2 inch diameter water main Ioemtad in Franklin Road between McClanahan Street and Beachwood Road has had a history of breaks and leakage; and the existing line is proposed to be replaced with a new 12 inch diameter main of ductile iron which is of sufficient capacity for the existing and anticipated future land use in the corridor. The Bid Committee recommended that Council approve the following actions: Authorize the City Manager to execute a unit price contract, in a form to be approved by the City Attorney, with J. P. Turner and Brothers, Incorporated, in the amount of $595,140.00, with 180 calendar days for completion of the work, a proj.ect contingency of $60,000.00, and an allowance to pay in house costs to the City Engineer's Department of $7,500.00; and 489 ACTION: Appropriate $572,640.00 from Water Fund Retained Earnings to an account to be established by the Director of Finance entitled, "Franklin Road Water Main Replacement." 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: (#33846-051898) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 528.) Mr. Parrott moved the adoption of Ordinance No. 33846-051898. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers 6. NAYS: None 0. (Council Member Trout was absent). Mr. Parrott offered the following emergency ordinance: (#33847-051898) AN ORDINANCE accepting the bid of J. P. Turner and Brothers, Incorporated, for the Franklin Road Water Main Replacement Project, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 529.) 490 ACTION: Mr. Parrott moved the adoption of Ordinance No. 33847-051898. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers 6. NAYS: None 0. (Council Member Trout was absent). UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PARKS AND RECREATION-LANDMARKS/HISTORIC PRESERVATION-LEASES: Ordinance No. 33798, authorizing the proper City officials to enter into a lease agreement with the Commonwealth of Virginia, Department of Historic Reeoumee, for office and laboratory space at the Buena Vista Recreation Center, for a one year period, with an option to renew for four additional one year periods, and upon such other terms and conditions as are deemed appropriate, having previously been before the Council for its flint reading on Monday, May 4, 1998, 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: (#33798-051898) AN ORDINANCE authorizing the proper City officials to enter into a lease agreement between the City and the Commonwealth of Virginia, Deparb,,ent of Historic Resources, for office and laboratory space at the Buena Vista Recreation Center, upon certain terms and conditions. ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 805.) Mr. Parrott moved the adoption of Ordinance No. 33798-051898. The motion was seconded by Mr. Harris and adOpted by the following vote: 491 ACTION: AYES: Council Members Parrott, Swain, White, Wyatt, Harrie and Mayor Bowers 6. NAYS: None 0. (Council Member Trout was absent). HEALTH DEPARTMENT-LEASES: Ordinance No. 33805, authorizing a lease agreement with the State Department of Health for the Health Center located at the southwest comer of Campbell Avenue, S. W., and Eighth Street, S. W., commonly known aa 830 Eighth Street, S. W., for a three-year term beginning July 1, t998 and ending June 30, 2001, for a total lease fee of $28,800.00, upon such terms and conditiona as more particularly described in a report of the Water Reeourcee Committee dated May 4, 1998, having previously been before the Council for its first reading on Monday, May 4, 1998, 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: (~33805-051898) AN ORDINANCE authorizing the lease of certain City-owned property to the State Department of Health, upon certain terms end conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 506.) Mr. Harris moved the adoption of Ordinance No. 33805-051898. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Par~ott, Swain, White, Wyatt, Harris and Mayor Bowers 6. NAYS: None 0. (Council Member Trout was absent). PURCHASE/SALE OF PROPERTY-PARKS AND RECREATION- CITY PROPERTY: Ordinance No. 33811, declaring the former "Caretaker's House" owned by the City and located at 1902 Prospect Road, S. E., in Mill Mountain Park, to be surplus to the City's needs, having previously been before the Council for its first reading on 492 ACTION: ACTION: Monday, May 4, 1998, read and adopted on its first reading and laid over, wae again before the body, Mr. Harris ofteHng the following for its second reading and final adoption: (#33811-051898) AN ORDINANCE declaring s certain structure located at Mill Mountain Park surplus and authorizing its sale, removal or demolition. (For full text of Ordinance, see Ordinance Book No. 60, page 507.) Mr. Harris moved the adoption of Ordinance No. 33811-051898. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers 6. NAYS: None 0. (Council Member Trout was absent). SEWERS AND STORM DRAINS-BUDGET-TAXES-FEE COMPENDIUM-WATER RESOURCES: Ordinance No. 33831, establishing a rate echedule for certain water and sewage rates and related charges for services provided by the City, effecUve August t, 1998 and July 1, 1999, having previously L-cch before the Council for its first reading on Monday, May 11, 1998, 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: (#33831-051898) AN ORDINANCE establishing a rate schedule for certain water and sewage rates and related charges for ee~ices provided by the City, effective August 1, 1998 and July 1, 1999; and directing amendment of the Fee Compendium. (For full text of Ordinance, see Ordinance Book No. 60, page 507.) Mr. Harris moved the adoption of Ordinance No. 33831-051898. The motion was seconded by Mr. Swain and adopted by the following vote: 493 AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers 6. NAYS: None O. (Council Member Trout was absent). MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: COUNCIL-NEIGHBORHOOD ORGANIZATIONS-ROANOKE NEIGHBORHOOD PARTNERSHIP: Council Member Harris expressed appreciation to the Members of Council and City staff who participated in the first of the neighborhood tours, specifically the Belmont community, on Monday, May 11, 1998. FIRE DEPARTMENT: The Mayor advised that the City is saddened by the loss of lives, injury and loss of property as a result of a fire that occurred in the 500 block of Church Avenue, S. W., in the early morning hours of May 18, 1998. , (See news release on file in the City Clerk's Office.) WATER RESOURCES: Vice-Mayor Wyatt inquired as to how City staff monitors water pressure from the various water pumping stations located throughout the City. Kit B. Kieer, Director of Utilities and Operations, advised that the majority of water pumping stations ars connected to the SCADA (Supervisory Command and Data Acquisition) system; however, there are some exceptions with the sma#er pumping stations which are not hooked into the system. Therefore, he stated that if s problem occurs, it would require a telephone call from a citizen to report the situation, and a review of the matter may be in order. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 3:05 p.m., the Mayor declared the meeting in recess. 494 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 Trout and Council Member White who left the meeting prior to convening the Executive Session. 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 Fmc. dom 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 Parrott, Swain', Wyatt, Harris and Mayor Bowers ..... 5. NAYS: None 0. (Council Members Trout and White were absent). JUVENILE CORRECTIO. N. AL FACILITIES: Mr. Hams' offered the following resolution author,zing the City to make a voluntary contribution in lieu of taxes to Botetourt County, subject to certain terms and conditions; viz: 1. Beginning January 1999, the City agrees to make a voluntary contribution in lieu of taxes to Botetourt County in the amount of $33,000 per year for fifteen (15) years in exchange for Botetourt County agreeing to forego taxation of City-owned property in Botetourt County for fifteen (15) years. Said voluntary contribution will be made in the month of January each year. On and after January 1, 2000, the City's voluntary contribution will be adjusted up or down by the most recently published Consumer Price Index. No such adjustment either up or down will exceed five percent (5%). 2. The City agrees that it shall transport or cause to be transported all juveniles between the Juvenile Detention Home at Coyner Springs and the courts in FincasUe, except for those juveniles who were initially placed in the Juvenile Detention Home at Coyner Springs as a result of an offense committed in Botetourt County. 495 (ft33848-051898) A RESOLUTION authorizing the City to make a I. voluntary contribution !.n. lieu of taxes to Botetourt County, subject to certain terms and conditions. (For full text of Resolution, see Resolution Book No. 60, page 530.) ACTION: Mr. Harris moved the adoption of Resolution No. 33848-05t 898. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Wyatt, Harris and Mayor Bower~ 5. NAYS: None.. O. (Council Members White and Trout were absent). At 3:45 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Monday, May 18, 1998, 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 Wyatt presiding. PRESENT: Council Members John H. Parrott, Carroll E. Swain, C. Nelson Harris and Vice-Mayor Wyatt 4. ABSENT: Council Members James O. Trout, William White, Sr., and Mayor David A. Bowers 3. 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 prayer by Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Wyatt. 396 STREETS AND ALLEYS: Pursuant to Reeolu~on No. 25523 ado ted by the Council on Monday, April 6, 1981, the City Clerk having advePrtised a public hearing for Monday, May 18, t998, at 7:00 p.m., or as soon thereafter as the matter .re. ay be he.a. rd, on the request of Michelle Po. Il that an alley connecting prope~e~. ! _o~te~.. at t909 East Gate Avenue, N. E., identified as om.clal lax mos. and 3341104, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in ~ on Thu.rs..day, April 30, t998, and Thursday, May 7, 1998, and ,n the ~ on Thursday, May 7, 1998. (See publisher's affidavits on file in the City Clerk's Office.) Michelle Po, il, petitioner, appeared before Council in support of the request. of the Ci Planning Commission advising that the alley A report ty . . . , ...... --~ ,-- -,~-,,-~ is 12' w~de and approx,mately 125 long wmcn Is reque;~eu ~u, ,.,-,o-,- _. . L,-_ .... ,k. an.d. has never been developed (paved) by the ~,ty rot puo,,~ u~., .,- bu,lding at 19tl East Gate Avenue and pavement of a private driveway a.t t909 East Gate Avenue both encroach upon and.w!.'.thin the pu.b. lic right-of-way of the alley being requested for closure, and the location of the alley and use of the structures encroaching therein have been the subject of numerous disputes between abutting property owners, was before Council. The City Planning Commission recommended th.a.t Council approve the request to close and vacate the above described public alley, subject to the following conditions: The ap. plicant shal. I submit to the Agent for the Planning Commission, receive all required approvals thereof, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, said plat combining all properties which would other~./ise ..be landlocked by the requested closure, or otherwise d,sposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, 497 ACTION: together with the right of egress and ingress over same, for installation and maintenance of any and all existing utilities that may be located within the right-of-way. The applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of an ordinance granUng the request for recordation in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as ara required by the Clerk to effect such recordation; The applicant shall, upon a certified copy of an ordinance granting the request being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred; and If the above conditions have not been met within a period of six months f~om the date of adoption of the ordinance, granting the request, said ordinance shall be null and void with no further action by Council being necessary. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#33849) 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. 60, page 546.) The motion was seconded by Mr. Swain. 498 The Vice-Mayor inquired if there were persons present who ~ would like. to address Council with regard to ~ matter. There being none, .Ordinance No. 33849 was adopted, on ,ts first reading, by the follow, ng vote: AYES: Council Members Parrott, Swain, Harris and Vice-Mayor Wyatt 4. NAYS: None 0. (Mayor Bowers and Council Members Trout and White were absent). STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, t981, the City Clerk having advertised a public hearing for Monday, May 18, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke that a portion of Pineland Road, S. W., located adjacent to Official Tax Nos. 5010507 and 5010317, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in ; ~ The Roanoke Tim. on Thursday. Apri, 30. 1998, and Thursday. May 7, 1998, and in the ~ on Thursday, May 7, 1998. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that Pineland Road, S. W., as currently developed (paved) now extends from Deyerle Road to a point approximately 50 feet west of Circle Drive, S. W.; and any additional extension of this street would result in a connection with Circle Drive. It was further advised that questions concerning the possibility of opening and constructing Pineland Road to a connection with Circle Drive have, over the years, been raised by various individuals; a portion of Pineland Road, as currently requested for closure and vacation has remained in an undeveloped, idle and unproductive status for many years; the City has no current or future plans to open, extend or otherwise utilize this undeveloped portion of Pineland Road, and -I 499 residents of Pineland Road have previously requested that this undeveloped section of their street be closed end vacated to prevent the future possibility of the street being opened a~ a traffic connection to Circle Drive. The City Planning Commission recommended that Council psmlanently close end vacate the abovedeecribed section of Pineland Road, S. W., subject to the following conditions: The applicant shall submit to the Agent for the Planning Commission, receive all required approvals thereof, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vecated-.~in a manner consistent with law, and retaining appropriate esssments, together with the right of ingress and egress over same, for installation and maintenance of any and all existing utilities that may be located within the right-of-way; The applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of the ordinance granting the request for recordation in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. The applicant shall, upon a certified copy of the ordinance granting the request being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, in said Clerk's Office, file with the City Engineer, the Clerk's receipt, demonstrating that such recordation has occurred. The City Engineer shall, upon receiving the afore- mentioned Clerk's receipt, mark "permanently vacated" on said public right-of-way on all maps and plats on file in his 500 ACTION: office on which said tight-of-way ia shown, referring to the book a. nd page .o.f ordinances and resolutions of the Counc;I of the C,ty of Roanoke, Virginia, wherein the ordinance granting the request shall be spread. If the above conditions have not been met within a period of six months from the date of adoption of the ordinance granting the request, said ordinance shall be null and void with no further action by Council being necessary. (For full text, see report on file in the City Clerk's Office.) W. Robert Herbert, City Manager, appeared before Council in support of the request. Mr. Harris moved that the following ordinance be placed upon its first reading: (#33850) AN ORDINANCE permanently vacating, discontinuing and closing certain public tight-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 60, page 548.) 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 matter. There being none, Ordinance No. 33850 was adopted, on its first reading, by the following vote: AYES: Council Members Parrott, Swain, Harris and Vice-Mayor ~1. NAYS: None 0. (Mayor Bowers and Council Members Trout and White wars absent). CITY CODE-ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, t98t, the City Clerk having advertised a public heating for Monday, May 18, 1998, at 7:00 p.m., or 501 aa soon thereafter as the matter may be heard, on the request of the City Planning Commission to amend Section 36.1-7t0, Zoning, Code of the City of Roanoke, (t979), as amended, by adding a new subsection c, to provide for reimbursement or refund of certain fees and charges under certain conditions, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Timea on Thursday, April 30, 1998,-and Thursday, May 7, 1998, and in the Roanoke Tribune on Thursday, May 7, 1998. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the Department of Planning and Community Development is the initial and primary point of contact for the general public in the filing of a wide variety of applications, such as applications for zoning permits, zoning (rezoninga) amendments, certificates of appropriateness from the Architectural Review Board and hearings before the Board of Zoning Appeals which are authorized by Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, was before Council. It was further advised that Chapter 36.1-710(a) requires the payment of certain fees as enumerated in the City's Fee Compendium for the provision of the above-cited services and further mandates that "(a) The schedule of fees and charges shall be as set forth in the Fee Compendium of the City and shall be available in the Offices of the Zoning Administrator and the City Clerk and may be altered or amended only by City Council."; applicants, on occasion, decide for various reasons to withdraw their applications (prior to the City's initiation of any action on such applications); and on some rare occasions human error or oversight is involved in the overall transaction of fee prescription, assessment or collection. Itwss explained that the Depa~b,,ent of Planning and Community Development, as a City depa, b,,ent under the direction of the City Manager, needs a legal process by which the necessary refunds can be made in justifiable cases; and the City has no written authority, procedures, or guidelines for refunding of fees and charges under certain circumstances once such fees or charges have bcc.q paid to the City. 502 ACTION: The City Planning Commission recommended that Council a proposed amendment to Chapter.36.1-710 of the Code of the a~provs C,ty of. Roanoke (1979), as amended, by adding a new subsection (c) to authorize the City Manager, or h,s designees, to refund fees or charges under certain circumstances. (For full text, see report on file in the City Clerk's Office.) Evelyn S. Lander, Agent, City Planning Commission, appeared before Council in support of the request. A report of the City Manager concurring in the recommendation of the City Planning Commission, was also before Council. Mr. Harris moved that the following ordinance be placed upon its first reading: (~33851) AN ORDINANCE amending §36.1-710, Fees _=enerally, of Division 6, Fees. of Article VII. Administration. of Chapter 36.1, ~ of the Cods of the City of Roanoke (1979), as amended, by the addition of new subsection (c) to authorize refund of fees or charges under certain justifiable circumstances. (For full text of Ordinance, see Ordinance Book No. 60, page 550.) The motion was seconded by Mr. Swain. The Vice-Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 33851 was adopted, on its first reading, by the following vote: AYES: Council Members Parrott, Swain, Harris and Vice-Mayor Wyat~ 4. NAYS: None 0. (Mayor Bowers and Council Members Trout and White were absent). zl 503 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 18, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Mark Firebaugh and Rocky Ridge Properties, L. L C., that a 2.82-acre tract of land located at 2013 Peters Creek Road, N. W., identified as Official Tax No. 6370306, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners, the matter was before the body. Legal advertisement of the public hearing was published in ~ on Thursday, April 30, 1998, and Thursday, May 7, 1998, and in the ~ on Thursday, May 7, 1998. (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 construct and operate a motorcycle sales and service center and offices, was before Council. The City Planning Commission recommended that Council approve the request for rezoning, and advised that the property fronts on Peters Creek Road and is more appropriate for commercial development; and while less grading is desirable, the conditions proffered by the petitioners address development issues discussed by the City Planning Commission. (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: (#33852) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 637, 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. 60, page 551.) The motion was seconded by Mr. Swain. 504 The Vice-Mayor inquired if there were persons present who · _ would like to address Council; whereupon, Edward A. Natt, Attorney, repres, e.nting the petitioners, submitted a Fourth Amended Petition containing a new development plan and requested that the Fourth Amended Petition be made a pert of the ordinance. No other persona wishing to be heard, Mr. Harris moved that Ordinance No. 33852 be amended to include the Fourth Amended Petition filed in the City Clerk's Office on May 20, 1998. The motion was seconded by Mr. Swain and adopted. Ordinance No. 33852, as amended on its first reading, was adopted by the following vote: AYES: Council Members Parrott, Swain, Harris and Vice-Mayor Wyatt 4. NAYS: None 0. (Mayor Bowers and Council Members Trout and White were absent.) There being no further business, the Vice-Mayor declared the meeting adjourned at 7:15 p.m. APPROVED ATTEST: Mary F. Parker City Clerk 505 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL June 1, 1998 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, June 1, 1998, at 12:15 p.m., the regular meeting hour in the City Council Chamber, fourth floor, Municipal Building, 2t5 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Rule 1, ~gUMJ~ of Section 2-15, BU~ Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Carroll E. Swain, James O. Trout, William White, Sr., Linde F. Wyatt, C. Nelson Harris, John H. Parrot/and Mayor David A. Bowers-7. ABSENT: None ....... 0. OFFICERS PRESENT: James D. Ritohie, Sr., Assistant City Manager and Mary F. Parker, City Clerk. At 12:17 p.m., the Mayor declared the meeting in recess. At t2:20 p.m., the meeting reconvened in tire Social Services Conference Room, Room 306, Municipal North, for the purpose of meeting with the Board of Commissioners of the Roanoke Redevelopment and Housing Authority, with Mayor David A. Bowers and Chairman Willis M. Anderson 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: Nons 0. ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY COMMISSIONERS PRESENT: Carolyn M. Bumbry, Christie L. Kelsey, H. Victor Gilchrist, Ben J. Fink, Joseph F. Lynn, and Willie M. Anderson, Chairman 6. ABSENT: Commissioner James W. Burl(s, Jr. 1. OTHERS PRESENT: W. Alvin Hudson, Jr., Council Member-Elect; James D. Ritchie, Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grieso, Director of Finance; Mary F. Parker, City Clerk; William F. Clark, Director, 506 Public Works; Kit B. Kiser, Director, Utilities and Operations; Glenn D. Radcliffe, Director, Human Dev.e. lopment; George C. Sneed, Jr., Director, Public Safety; John P. Baker, Executive D,rector, Roanoke Redevelopment and Housing Authority; John Grove, Legal Council, Roanoke Redevelopment and Housing Authority; Robert Michaux, Director of Business Development, Roanoke Redevelopment and Housing Authority; Evelyn Ringler, Executive Administrative Assistant, Roanoke Redevelopment and Housing Authority; Angels Singleton, Information Officer, Roanoke Redevelopment and Housing Authority; H. Wesley White, Director, Community Development Depa[;.,,ent, Roanoke Redevelopment and Housing Authority; Earl W. Saundere, Jr., Management Director, Roanoke Redevelopment and Housing Authority; Dan M. Campbell, Rehabilitation Director, Roanoke Redevelopment and Housing Authority; and Anita Lee, Resident Development Director, Roanoke Redevelopment and Housing Authority. On behalf of the Members of Council and City staff, the Mayor welcomed the Housing Authority and staff to the meeting. Chairman Andereon expressed appreciation on behalf of the Board of Commissioners of the Housing Authority and staff for the opportunity to meet with Council, and called upon the Executive Director for remarks. Mr. Baker advised that H. Wss!ey White, Director, Community Development Depa,~,~ent, an employee of the Hous,ng Authority for over 30 years, has a .nn .ounced ~1~ his plans for retirement on August 30, 1998, and expressed apprec;ation for Mr. Whito'e service to the City of Roanoke and to the Roanoke Redevelopment and Housing Authority. Mr. Baker reviewed the following Roanoke Redevelopment and Housing Authority highlights: He advised that there are =,pproximafely t500 public housing unite in the City of Roanoke, with a total population of approximately 3,000 persons, composed of 350 units of housing for the elderly, with the remainder being family unite that range from efficiency apartments to five bedroom apartments. He stated that over 1900 family members contribute rent in public housing, with an average income of approximately $6,000.00 per year, the average rent paid is approximately $130.00 par month, with the balance coming from an operating subsidy from the Federal Government, and approximately 80 par cent of the heads of household in public housing units are female. He pointed out that between 1997 and 1998, there has been a decrease in rents collected as the result of certain welfare revisions and placing welfera recipients into the workforce, and while the average rent in 1998 is approximately $130.00 par month, in 1997 it wes approximately $140.00 per month. 507 He ststsd that there ars more families that pay the minimum rent which is $25.00 par month, the number of families in that catsgory has increased because more families have lost their welfare benefits; however, it is expected that the trend will reverse as families come off of the welfare roles. He added that residents ars taking advantage of available opportunities and expressing more intsrast in participating in programs offered by the Housing Authority and other supporting programs which ars designed to take families into the workforce. Mr. Baker stalmJ that the Housing Authority has astsblished a Web-sits on the Internet, staff prsparss an Annual Report, a resident newsletter (Partners in Progress) is produced by and for residents of public housing, and an employee newsletter is disseminated to all staff. He added that the Housing Authority advertises in The Roanoker Ma_aazine, the Chamber of Commerce Display Center, Black Pages U.S~.., Apartment Guide, and the Apartment Bluebook. He noted that the Housing Authority has begun efforts to incraaas activity in the neighborhoods by encouraging residents to participate in all Housing Authority programs and Resident Councils are active in all of the public housing neighborhoods and they ara currently working on a revision to the occupancy policy, rant credit program, and sits-based planning. He explained that a site-based planning program encourages residents to be more involved in determining needs and priorities and offering assistance to determine budgetary needs as well as other resources to mast those needs. He stated that the Housing Authority is currently working with the Roanoke Neighborhood Development Corporation in the development of Henry Street and with neighborhood organizations where rehabilitation loans and activities ars in progmas. With rsgerd to family involvement, Mr. Baker advised that family resource centers ars located in Lincoln Terrace and Jamestown Place Housing Developments, and Head Start Centers, groups for children, and the Even Start Program ars operated in partnership with the Roanoke City Public Schools in Lincoln Terrace. He further advised that the Housing Authority has provided 62 scholarships for students consisting mainly of one year $1000 schoisrahipa. In work force preparation and training, he stated that the Housing Authority par'mere with Virginia Western Community College, Total Action Against Poverty, This Valley Works Program, and the Family Self-Sufficiency Program. Also, he advised that the Housing Authority participates in the Roanoke Adolescent Health Partnership (Teen Health Center), Drug Abuse Prevention and Elderly Intervention Program, Project Hope, Girl Scouting, Junior Achievement, Youth Decision Making Skills Training, science groups, swimming groups, youth sports teams, summer programs at Apple Ridge Farm, Summer Lunch Program and Summer Sports Program. 508 Mr. Baker explained that Community Development Block Grant Program funds have been used for. both minor and emergency repaire, as well as for comprehensive rehebilitetion in ne,ghborhoods. He added that the Housing Authority participates in the Home Ownership Opportunities Program in which regional loan funds are avaiisbis for prospective Iow income home buyers; and the Housing Authority purchased nine properties from a local private individual with the goal of providing an opportunity for the families curmntiy living in the homes to become homeowners under a lesselpurchsee arrangement, in connection with the Section 8 Program, he advised that the Housing Authority administers the program for the City, serving over 1300 families, working with over 400 landlords, end conducting an average of 180 inspections per month. Mr. Baker noted that the Housing Authority is currently reviewing several projects in connection with neighborhood improvements, i.e., Lincoln 2000 Plan which will provide for comprehensive renovation in the Lincoln Terrace area, and the program has bccn expanded to include the Washington Park neighborhood; and establishment of a credit line with local banks to support Community Development Block Grant funds, with private funds to he included in the Rehabilitation Loan Program which will enable the approval of more loans and provide for a more effective rehabilitation program in the neighborhoods. He stated that the Housing Authority is working on Henry Street development, increasing curb appeal by making public housing developments more attractive whic.h, in turn, ..will caus. e residents to have a better image of where they live; H.o. us,ng Authon~ .s. taff ~s _1~ working with City police, fire and public safety representatives to mark budd,ngs m - - Lincoln Terrace with numbers that will be placed on the ends of the buildings to make the buildings more identifiable; and some of the Federal funds will he used for new playgrounds/equipment. Mr. Baker reviewed definitions of redevelopment and conservation areas and advised that a redevelopment area is an area that is seriously blighted and needs clearance and new development. He stated that conservation areas are those areas where there are deteriorating conditions in the neighborhood, with principle activities being rehabilitation and ecquisition which would be limited to substandard property only. He fu,U,er stated that a rehabilitation district which has very early deterioration would include rehabilitetion with no acquisition of property expected. He reviewed the process of designation of a redevelopment/conservation rehabilitation district; i.e.: City Council approves a study of the designated area, following which the Housing Authority works with neighborhood groups during the study, documents physical and social conditions, determines neighborhood needs, prepares plans to address those needs, and prepares a budget to project the necessary public and private funds. 509 With regard to development opporbJnitias, Mr. Baker advised that the Housing Authority has bccn working with the City on the Deanwood Commerce Center and Shaftsra Crossing. As to downtown development, ha stated that the Housing Authority has recently entered into a Memorandum of Underatanding with Downtown Roanoke Foundation, Inc., in connection with development of the General Office Building South which is propoaed to be revitalized for approximately 70 market rate residential units that would rant in the range of $600.00 par month up panding upon the marke~; the Housing Authority initially pa~cipated with the City in financing The Hotel Roanoke and recently issued taxable bends to refinance the first mortgage on the hotel; and the Housing Authority owns one-half of the site where the proposed ice park is to be located and is participating with the City and the developara regarding facility development. Looking to the futura, Mr. Baker advised that public housing is changing, as wall as the clientele that public housing will serve and how it will provide those services. He stated that change will be a constant, new initiatives must be established, and it is hopad that the Federal Government will provide more opportunities at the local level for input as to how public housing will oparata. He spoke in support of initiating new programs to address neighborhood deterioration by targeting the focus on neighborhood revitalization and by attracting more private dollars into rehabilitation efforts and economic development activities while continuing to work in partnerahip with the City. Council Member Trout, Council's liaison to the Roanoke Redevelopment and Housing Authority, advised that considerable progress has bcc. n made on home occupancy, such as the Holland Manor project in northwest Roanoke that was completed in 1969 and every building is currently on the tax roles (80 units). He stated that the Housing Authority has structured loans and grants so that Iow to moderate income parsons may purchase homes, thereby reducing the need for Section 8 housing. Vice-Mayor Wyatt commended the Housing Authority on its program for Youth Decision Making Skills Training. In her exparience as a teacher, she etatad that one of the biggest problems with children in general is that they do not have good decision making skills because they have not received the necessary training, and encouraged the Housing Authority to teach decision making skills before the teenage years so that youth will be equipped with the knowledge to deal with drugs, teen pregnancy, etc. Council Member Swain advised that he advocates the placement of police subetstions throughout the City. He stated that it is his understanding that there is to be an arrangement with the Housing Authority to locate police officers in certain 510 areas of the City, as a part of the Community Oriented Police Effort (C.O.P.E.), and called att~.ntion to correspondence from citizens who have requested poi!ce presence ,n the Lanedowne Park Housing Development. He advised that pohce officers in the neighborhoods will not only insure police services, but also provide community involvement. The Mayor raised a question with regard to the Regional Loan Fund and inquired if the funds are intended to be used solely for City residents; whereupon, Mr. Baker advised that the program has been operated under a joint venture with the Blue Ridge Housing Authority; however, efforts of the Roanoke Redevelopment and Housing Authority have focused on Roanoke City. The Mayor inquired as to efforts to provide Iow income housing in other Roanoke Valley jurisdictions; whereupon, Mr. Baker advised that the Section 8 program covers the Roanoke metropolitan ares, therefore, family qualification for Section 8 Cerl]ficates is not limited to City of Roanoke residency, although very few Section 8 families live outside of the City. The Mayor inquired as to Henry Street development and if the Roanoke Neighborhood Development Corporation is continuing to work with the consulting firm of F. A. Johnson & Associates. He also inquired as to the status of development of an office building on Henry Street by the Housing Authority; whereupon, Mr. Baker advised that discussions are progressing, the services of F. A. Johnson & Associates have been excellent in terms of bringing the group together, the process is in the predevelopment stage to determine what the building will consist of, tenant occupancy, and following the predevelopment process, a public plan will be presented. The Mayor requested that the City Manager provide Council with a briefing on the status of the Henry Street project. Ms. Keisey expressed appreciation to Council for waiving the City residency requirement which allowed her to remain a Commissioner of the Housing Authority during a period of time when she resided outside of the City of Roanoke. She stated that she is now a Roanoke City resident. There being no further business, the Mayor declared the meeting in recess at 1:40 p.m., to be reconvened at 2:00 p.m., in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W. 511 HOUSING/AUTHORITY: On Monday, June 1, 1998, 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 Carroll E. Swain, James O. Trout, W'~lllsm White, Sr., Linda F. Wyatt, C. Nelson Harris, John H. Pawott and Mayor David A. Bowers-7. ABSENT: None 0. OFFICERS PRESENT: 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 preyer by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PROCLAMATIONS: The Mayor presented a Proclamation deeignat~ng the week of June 7 - 14, 1998, as United States Army Week. (For full text, see Proclamation on file in the City Clerk's Office.) PROCLAMATIONS-FLAGS: The Mayor preeentad a Proclama~on designating June t3 and t4, 1998, as Flag Days. (For full taxt, see Proclamation on file in the City Clerk's Office.) PROCLAMATIONS-HABITAT FOR HUMANITY: The Mayor presented a Proclamation designating the week of June I - 6, 1998, as Habitat for Humanity Week. (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 512 ACTION: ACTION: Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda end considered ssparetel.y. He called specific attention to two requsste for Executive Sees,on to discuss and consider a mater of pending litigation, sp~iflcally a lawsuit brought against certain City employees; and personnel matters with regard to vacancies on vafions authorities, boards, commissions and commit~ appointed by the Council. MINUTES: Minutes of the Financial Planning Session of Council held on Saturday, February 28, 1998; and Minutes of the regular meetings of Council held on Monday, March 2, t998, and Monday, March 16, 1998, 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. Swain end adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. HAYS: None 0. COMMITTEESCOUNCIL: 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~.~. (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), Cede of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: 513 ACTION: AYES: Council Member~ Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowam 7. NAYS: Nono 0. TAXES-REAL ESTATE VALUATION: A communication from Mayor David A. Bowers with regard to correspondence dated May 21, 1998, horn the Honorable Richard C. Patl]ssll, Judge of the Roanoke Circuit Court, transmitting a report of the Board of Equalization for the taxable year July 1, 1998 to June 30, 1999, inclusive, was before Council. Judge Pattissll advised that the Board of Equalization recommends that futura Equalization Boards continue to have access to computer service in their work and that they be provided with current office space that is private and separate from the Office of Real Estate Valuation; and in order to accomplish their duties as members of the Board of Equalization of Real Estate Assessments, it is critical to have safe and private space for the Board to meet with City taxpayera. (For full text, see communications on file in the City Clerk's Office.) Mr. White moved that the communications be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None ..... 0. ELECTIONS: A communication from Gilbert E. Butler, Jr., Secretary, Roanoke City Electoral Board, in connection with the indefinite relocation of the polling place for Lee Hi Precinct to the Covenant Presbyterian Church, was before Council. Mr. Butier advised that the Electoral Board obtained previous approval for a temporary move to Covenant Presbyterian Church; and the Board is presently requesting an indefinite relocation to the Covenant Presbyterian Church, t83t Deyerie Road, S. W., for futura elections. 514 ACTION: ACTION: ACTION: (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council authorize advertisement of a public hearing to be held on Monday, July 20, 1998, at 7:00 p.m. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, PalTOtt and Mayor Bowers ..... 7. NAYS: None 0. PARKS AND RECREATION-COMMITTEES: A communication from G. Scott Shackelford tendering his resignation as a member of the Mill Mountain Advisory 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 end filed, and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None 0. CITY ATTORNEY-COUNCIL: A report of the City Attomey requesting that Council convene in Executive Session to discuss a matter w;~;~ regard to pending litigation, specifically a lawsuit brought against certain City employees, pursuant to Section 2.t-344 (A)(7), Code of Virginia (1950), ss 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 Attorney to convene in Executive Session to discuss a matter with regard to pending litigation, specifically a lawsuit brought against certain City employees, 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: 515 AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: Nono ............. 0. ROANOKE ARTS COMMISSION-HOTEL ROANOKE CONFERENCE CENTER-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Eva Darcel Walters as a member of the Roanoke Arts Commission for a term ending June 30, 1998; and John H. Parrott as a Commissioner of the Hotel Roanoke Confemnca Center Commission for a term ending April 12, 2002. (See Oaths or Aff;,,,,atione of Office on file in the City Clerk's Office.) ACTION: 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: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None 0. HEARING OF CITIZENS UPON PUBLIC MATTERS: ARTS COUNCIL OF ROANOKE VALLEY: Susan Jennings, Executive Director, The Arts Council, expressed appreciation for the City's support of Downtown Living Now which brought over 1,000 people to downtown Roanoke, received wide-spread media coverage that demonstrated the possibilities of mvitelizing old buildings into dynamic residences, and raised funds for programs sponsored by The Arts Council. She presented a description of The Arts Council and reviewed several of its programs and services. She highlighted educational programs such as the Arts and Cultural Educational Directory, After School Arts Program at Hurt Park Elementary School, 516 the Scholarship Fund for high school students who wish to expand their study of the literary, performing or visual arts, and the High · School Arts Show. (See statement on file in the City Clerk's Office.) W'~hout objection by Council, the Mayor advised that the remarks of Ms. Jennings would be received end filed. SCHOOLS: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools, prssented a briefing on teacher recruitment strategies. He advised that the school system is actively recruiting a qualified and diverse workforce; end there ars several factors that allow the school system to maintain an active applicant pool of approximately 5,000 licensed applicants, i.e.: the salaries that the Council and the School Board have supported, an excellent fringe benefits package, and the quality of life in Roanoke. He stated that the Roanoke City Public School system is composed of 29 public schools and five altsmative educe'don programs, 1,068 teachers, 91 administrators, 771 support staff and 154 part-time staff members, for a total staff of 2,084, which places the Roanoke City Public School System as one of the top ten employers in the Roanoke Valley. Dr. Harris advised that Roanoke City has been active in its efforts to recruit end employ a qualified and diverse workforce; since 1989, 650 employees have retired and of that total, t42 were professional staff members who were Afrioan-American; while during the same ten year period, 179 African-American staff members were employed which means that there has been an increase of 37 employees who are African-American who replaced those who left the system, therefore, some significant gain has b~c.~ made. He stated that Roanoke's efforts with diversity are not relstsd solely to African-American employees, but to Hispanic, Asian and Native American. He advised that 85 per cent of licanced employees (teachers and principals) ars Caucasian, 15 per cent include ethnic groups, 60 per cent classified employees (secretaries, bus drivers, food service employees, maintenance, etc.,) are Caucasian, while 40 par cent are of other ethnic backgrounds, therefore, Roanoke City's total workforca is composed of 75 per cent Caucasian, 24.9.1 par cent African-American, and eight par cent other. 517 Dr. Harris advised that it is important to nots that there is a limilmi pool from which to draw, and noted that in 1979, 12 per cent of all t~mcbem in this nation were African-American, them is a prediction that minority teachers will represent less than five per cent of United States teachers by the turn of the century, and of the total number of bachelors degrees conferred to education students in 1993, only 5.9 per cant of the recipients were African-American. He stated that while the number of Virginia approved teacher preparation applicants have increased from 3,73t in t994 to 4,249 in 1996, it is important to nots that only 810 of the 4,249 were African-American. W':th regard to administrative hiring since 1987, 16 of the 23 African-American administrators hired since 1987 were hired from 1993 until the present time, t5 new principeis were hired since July 1993 and 47 per cant have been African-American or Native American. Dr. Harris noted that Roanoke City Public Schools advertises on the Intsmet, in the ~f~M[Y~-Ed~M~ which is a national publication, in F.d&L~UgJ]~, and jobs are posted on the Harvard Job Board. In terms of general recruitment stratsgiss, he advised that during the 1996-97 school year, Roanoke City initiated an early hiring strategy which involves offering a qualified applicant an opportunity to enter into a contract with the School system as early as April. He stated that approximately 35 - 49 applicants were invited to look at the Roanoke school system and 30 applicants accepted the invitation; and 14 early contracts were offered with seven being applicants of color. To date, he stsatsd that early contracts have been offered to 18.5 of those applicants and 7.5 ars African-American. He explained that recruiting trips have been expanded further south to include the States of Alabama and Georgia, 43 recruiting trips have bccn conducted to date and 14 of those trips were to predominantly African-American Colleges or to recruiting fairs or consortia where it is known that there will be a larger pool of African-American students. Dr. Harris reviewed the following recruiting programs, i.e.: Tomorrow's Teachers Program in which African-American students are recruited to attend Virginia Polytechnic Institute and Stats University with the understanding that they will return to Roanoke City to work in exchange for their tuition. The program is about to be phased out, however, ten students who completed the program have returned to Roanoke City as teachers and seven students ars now at various stages in completing the program. 518 Summer Internship Program in which rising senior college students are invitecl to intern during summer school with an experienced teacher with the goal of hiring the students once they complete college. Seven students participated in the program, 23 interns were hired, 20 of the 23 teachers are Afrioan-Amerioan and 21 have been hired ss teaching assistente. GrowYour Own Program i~ an arrangement with Roanoke College where Roanoke City selects up to ten of its teacher para-professionals who have attained at least two years towards their college degree and they attend Roanoke College to obtain their teaching credentials. Three of the teachers, one of whom is African-American, have I:ccn employed. W'rlhout objection by Council, the Mayor advised that the briefing would be received and tiled. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of fundv to the following school accounts, was before Council. $1,000.00 for the 1997-98 Special Education Aesistive Technology Program to provide funds for the purchase of equipment and software to assist students with disabilities; this is a new program which will be reimbursed one hundred per cent by Federal funds; $40,000.00 in additional State Basic Aid resulting from enrollment gain to provide for an increase in transportation costs which resulted from additional rune for special education and magnet programs; $20,688.00 for the Title I School Improvement Grant to provide professional development services to school support teams at eight, Title I schools; this is a new program which will be reimbursed one hundred per cent by Federal funds; 519 ACTION: $3,014.00 for the 1997-98 CaHlion Health General Education Development (GED) Program to provide assessment and irmt~uction toward completion of the GED program for Carilion Health System employees; this is a new program and funding will be provided through assessment of fees to Carilion Health Systems; and $71,075.00 in a supplemental appropriation request to adjust fiscal year 1998-99 revenue to reflect the reduction in the City's Sales Tax revenue sst]mate for the Schools and to increase the State revenue estimate for an increase in average daily membership (ADM) based on the March 31, 1998, actual ADM and for additional State revenue for composite index no loss funds; this action will reconcile the Schools' fiscal year 1998-99 General Fund Budget based on the fiscal year 1998-99 budget appropriation adopted by Roanoke City Council on May 11, 1998. A report of the Director of Finance recommending that Council concur in the mqusst of the School Board, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33853-060198) AN ORDINANCE to amend and reordain certain sections of the 1997-98 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 552.) Mr. Trout moved the adoption of Ordinance No. 33853-060198. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None 0. 520 ACTION: ACTION: Mr. Trout offered the following emergency budget ordinance: (~/33854-060198) AN ORDINANCE to amend and reordain certain sections of the 1997-98 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 554.) Mr. Trout moved the adoption of Ordinance No. 33854-060198. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Membem Swain, Trout, White, Wyatt, Harris, Pawott and Mayor Bowers 7. NAYS: None 0. BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting the close-out of certain completed school grant accounts, was before Council. It wee advised that total outlays for the: gra.nte amounted to -,- $11,2t4,638.35; and revenue for the grants was prov,ded aa follows: ~ Federal Funda - $5,815,755.64 State Funds - $2,368,290.09 Fees/Donations - $1,117,942.62 Local Match $1,912,650.00 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 end report on file in the City Clerk's Office.) Mr. Pa~rott moved that Council concur in the request of the Roanoke City School Board. The motion was seconded by Mr. Swain and unanimously adopted. REPORTS OF OFFICERS: CITY MANAGER: 521 BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-WORKERS' COMPENSATIONq:~ITY EMPLOYEES: The City Manager submitbKI a written report advising that workers' compensation expenditures for fiscal year 1997-98 are projected to be approximately $820,000.00; and information is based on actual expenditures through April 1998, and projected expenditures for May and June, 1998. It was further advised that workers' compensation expenditures for the Police and Fire Departments and Jail are greater for these depa,;J,,ents due to Stats law (Heart and Lung Bill) and are based on the presump'don that heart, hypertension and lung disabilities affecting these public safety employees are job related; the bill also includes certain types of cancer for firefightere; workers' compensation claims are carried over from year to year; Stats law requires employers to pay workers' compensation wages for up to 500 weeks or until the employee either returns to work or is eligible for retirement; and the City is liable for workers' compensation medical expenses (which are the consequence of the original on-the-job injury) for the lifetime of the retired employee. It was explained that funding to cover fiscal year 1997-98 workers' compensation claims is available in the following accounts and needs to be allocated to deparlmentsl accounts from non- deparlmentsl categories, as follows: Fundina Sources: Account Number Amount Workers' Compensation - Wages Workers' Compensation - Medical Jail - Recovered Costs 001-004-9110-1135 00t-004-9t10-1140 001-024-3310-8005 350,000.00 Total $820,000.00 The City Manager recommended that Council authorize the transfer of funds to cover workers' compenaatio* claims, in the amount of $820,000.00, to departmental workers' compensation accounts from the following sources: 522 ACTION: Workers' Compensation - Wages Workers' Compensation - Medical Jail - Recovered Costa 001-004-9110-1135 001-004-g110-1140 001-024-3310-8005 350,000.00 Total $820,000.00 (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33855-060198) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 555.) Mr. Trout moved the adoption of Ordinance No. 33855-060198. The motion wes seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None 0. Council Member White requested that the City Manager obtain comparable data w;;;i regard to workers' compensation claims by other Commonwealth of Virginia localities. Council Member Swain requested a comparison of workers' compensation claims attributed to heart and lung disease and those associated with bodily injuries. BUDGET-PUBLIC WORKS: The City Manager submittocl a written report advising that the Virginia Depa~bl,ent of Environmental Quality (DEQ) notified the City of Roanoke in late July 1997 of a report of possible unauthorized disposal of waste materials at the City's Public Works Service Center property on Court]and Road, N. W.; and subsequent investigations determined some buried drums of paint-like 523 ACTION: and tar41ke products and solvents, and also qusntitiss of inorganic material (broken pipe, guardraila, etc.) which has bccn classified by DEQ aa solid wastm~. It was further advised that excavated materials have been removed from the site and sent to the proper disposal locations; the City continues to work with DEQ and the Federal Environmental Protection Agency (EPA) to complete investigations and to develop a mutually acceptable plan for addressing all issues which have arisen during the course of the matter; and it is expected to be at least a number of months before the matter is brought to a close. It was explained that approximately $280,000.00 has been expended through April t998 for environmental studies, legal services, disposal fees, consultant and expert fees, and related expenses; expenditures have been made from various existing operating accounts; from an accountability standpoint, it is desirable to accumulate these expenditures into a projects account; and funds ara needed to pay the costs estimated to be incurred during the remainder of this fiscal year. The City Manager recommended that Council appropriate $300,000.00 to Capital Projects Fund Account No. 008-052-9670-9003, Environmental Issues - Public Works Service Center, for environmental studies, legal services, disposal fees, consultant and expert fees, and related expenses; and appropriate $150,000.00 to the Capital Improvements Reserve - Buildings, Account No. 008-052-9575-9173, to replenish funding that was temporarily provided for such expenses. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33856-060198) AN ORDINANCE to amen~ and reordain certain sections of the 1997-98 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 558.) Mr. Trout moved the adoption of Ordinance No. 33856-060198. The motion was seconded by Mr. Swain and adopted by the following vote: 524 AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. / NAYS: Nono 0. Council Member White, Chairman of the City Council's Audit Committee, advised that as a part of the City's annual audit this year, an evaluation of pessible accrual of liability will be required, and it will be necessary for some evaluations to be made by the extemal auditor and some will be made by the Finance Department; whereupon, he requested that the Director of Finance elaborate on actions that will need to occur at the end of the fiscal year. The Director of Finance advised that the external auditor is aware of the situation and an evaluation will be made by a neutral third party. If the Finance Deparlment can reasonably estimate any liability that needs to be recorded as of June 30, he explained that the liability will be recorded in the June 30 financial statement of the City. STATE HIGHWAYS-STREETS AND ALLEYS: The City Manager submitted a written report advising that improvements to 10th Street have bcc.'t included in long-range transportation plans dating back to 1963; an.d numero.u..s meetings have taken place over the past 24 months ,nvolving citizens from the 10th Street area and City staff. It was further advised that City staff met with an ad hoc group of neighborhood representatives (including Washington Park Alliance, Williamson Road Action Forum, Williamson Road Area Business Association, residente at-large and business owners) on August 6, 1997, to consider the results of the community meeting; the consensus of these representatives was that they will not oppose a three-lane design, but would strongly oppose a four4ane design; and while not opposing a three-lane project, there are concerns about the loss of front yard area. It was explained that there are approximately t10 houses along the proposed thres4ane portion of 10th Street (north of Staunton Avenue); as a result of widening, approximately 90 of these homes would be less than ten feet closer to the new 10th Street pavement; 13 houses would actually be 15 to 20 feet further away from the new 10th Street pavement, and nine houses along this segment would need to be relocetmJ or demolished; another related concern had to do with ability 525 to access driveways; the thres4ane plan allows a center lane for storage until opposing traffic clears; and it was noted that projected traffic growth will likely occur regardless of the design which is implemented; and the Virginia Department of Transportation (VDOT) is prepared to proceed with detailed engineering plane when advised by the City of the preferred option. The City Manager recommended that Council approve development of a thres-lane design for 10th Street, N. W., and advise VDOT of the City's concurrence. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33857-060198) A RESOLUTION concurring in the Virginia Depa,;,,,ent of Traoaportation'e proposed improvements to 10th Street, N.~No ACTION: (For full text of Rssolution, see Resolution Book No. 60, page 559.) Mr. Trout moved the adoption of Resolution No. 33857-060198. The motion wss seconded by Mr. Swain. Mr. Scott Martin, 2408 10th Street, N. W., advised that although he objected to having 25 par cent of hie front yard taken for improvements to 10th Street, he would have no other choice but to accept that action because it appeara that is the only way that curb and gutter will be installed. AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None 0. POLICE DEPARTMENT-BUDGET-EQUIPMENT: The City Manager submitlmJ a written report advising that a City of Roanoke Public Safety System has been identified as a priority project by the City's Information Technology Committee; the project will consist of new Computer Assisted Dispatch, Police Records Management, Mobile Computers, and Jail Management Systems; and funding for the project is to be provided from the City Sheriff's Account, City Information Services Retained Earnings Account and a potential Federal Grant. 526 ACTION: It was further advised that the proposed funding amount for the Jail Management System is an estimate of $450,000.0~., with two-thirds ($300,000.00) of the funding available in the City Sheriff's current year budget; and the balance of funding is designated in the City Sheriff's 1998-99 budget. The City Manager recommended that Council appropriate $300,000.00 from City Sheriff's Account No. 00t-0243310-8005 to City Information Systems Capital Account No. 013-052-9801-0203. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~J33858-060198) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General and City Information Systems Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 560.) Mr. Trout moved the adoption of Ordinance No. 33858-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Membare Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None , 0. BUDGET-FDETC: The City Manager submitted a written report advising that the F;;'G, District Employment and Training Consortium (FDETC) administere the Federally funded Job Training Partnership Act (JTPA) for the Fifth Planning District; the FDETC serves eligible residents in the counties of Alleghany, Botetourt, Craig and Roanoke, as well as the cities of Clifton Forge, Covington, Roanoke and Salem; the FDETC serves two primary client populations: dislocated workers and the economically disadvantaged; and the City is the grant recipient for FDETC funding, and Council must appropriate funds for all grants and other monies received by the FDETC. 527 It was further advised that the Governor's Employment and Training Department (GETD) has sent to the Consortium Notices of Award for programs which include on-the-job training, work experience, occupational skills training, classroom training, job placement activities, and remedial education in the following amounts: Title II-B - Summer Youth Employment Program. Notice of Award - 98-03-11, for $399,866.00 will be used to cover costs associated with the 1998 Summer Youth Employment Program which will provide remedial education, academic enrichment, work experience with payment of wages, training, counseling, and other benefits for youth. t Title III-F (Dislocated Workers) - $25,000.00 (Notice of Award - 98-03-09) allocation from the Title II-A (Economically Disadvantaged) grant; funds will be used to provide training and supportive services to workers dislocated through no fault of their own because of plant clo~ures, downeizing, layoff, etc. It was noted that the Virginia Employment Commission has awarded the Consortium an additional $20,000.00 to operate a Governor's Regional Project for PY 97; and these funds will be used to serve dislocated workers. The City Manager recommended that Council appropriate Fifth District Employment and Training Consortium funding totaling $419,866.00, and increase the revenue estimate by $419,866.00, in accounts to be established in the Consortium fund by the Director of Finance; and transfer $25,000.00 from Title II-A to Title III-F. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33859-060t98) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 561.) 528 ACTION: ACTION: Mr. Trout moved the adoption o.f Ordinance No. 33859-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: Nono 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 1998. (For full text, see Financial Report on fils in the City Clerk's Office.) Council Member White referred to page 10 of the Financial Report in regard to the Hotel Roanoke Conference Center Fund. He inquired as to when the Hotel Roanoke Conference Center Fund will reach the point whers it is not required to be subsidized and what is the optimum amount of cash accumulation for replacement of assets. The Director of Finance advised that the matter has been discussed at several Hotel Roanoke Conference Center Commission meetings and he is scheduled to meet with staff of Virginia Tech to discuss what is considered to be an adequate amount of funds. He explained that some of the funds have been generated as a result of profitable operations of the Conference Center, and following the meeting with Virginia Tech representatives, he will forward a response to Council. · I Without objection by Council, the Mayor advised that the Financial Report would be received and filed. BUDGET-INTERNAL SERVICE FUND: The Director of Finance submitlsd a written report advising that the City of Roanoke's Internal Service Funds account for certain services provided to dspa~b,ents of the General Fund; and the Internal Service Funds recover their coats by charging the receiving departments for services provided. 529 It was further advised that budgeted funds for internal services ara allocated in each fiscal year's budget throughout various departments based on estimated usage which usually varies from the original estimates; at this time during each fiscal year It is necessary to make appropriations transfers between depa, t,,,ents to provide sufficient funds for internal services for the fiscal year; the transfers do not incrasae the overall General Fund budget, but raallocate amounts between depar{,,,ents, transferring unallocated amounts to the General Fund Contingency; and a summary of total transfers is as follows: Computer Infor- maUon Systems Computer Infor- metion Systems - PC Rentall Risk Management Overhead Risk Management Cislms Fleet Management Fleet Rental Contingency Total Revised Budget Amount Transfers Budget ~m Tmnsfem In/Out Amount $2,501,839.00 $(280,313.50) $2,221,526.00 142,3:31.00 219,990.00 362,321.00 490,784.00 21,553.00 512,337.00 72,147.50 (33,419.00) 38,728.00 1,915,776.00 -0- 1,028,000.00 4)- ,, 137.093.00 ~ $6.284.970.00 ~ ...Q- 1,915,776.50 1,025,000.00 209.282.00 The Diractor of Finance recommended that Council approve the required transfers. (For full text, see raport on file in the City Clerk's Office.) Mr. Trout offerad the following emergency budget ordinance: (#33860-060198) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. 530 ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 563.) &qr. Trout moved the adopt]on of Ordinance No. 338604)60198. The mot]on wee seconded by Mr. Harris and edopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None O. CITY EMPLOYEES-BUDGET: The Director of Finance submitted a written report advising that the fiscal year 1997-98 General Fund budget included funds in the nondepaCu.entel category for ICMA retirement, unemployment wages and termination (vacation) leave weges; these fringe benefits are budgeted at est]mated amounts in the nondepa, t,,,ental category because annual charges for each department are difficult to project; and actual costs are charged to depa,'b'~ente in anticipation of budget transfers to cover the costs. I increase the General Fund budget in total, but reallocats amounts between depa~.~ente; and a summary of total transfers is as follows: ICMA Match Unemployment Wages Termination (Vac- ation) Leave Wages Contingency Total Budget Amount Transfers Revised Before Transfers In/lOutt Budaet Amount $173,500.00 $ (30,097.00) $142,903.00 35,000.00 (1,993.50) 33,007.00 91,275.00 104,279.00 195,554.00 209,282.50 508.557.00 (72,189.50) 137,093.50 -Q- S 50S.SS?.O0 It was further advised that a proposed budget ordinance transfers funds from the nondepartmental category to the applicable depa,~mentsl budgets; a.d. dit]onally, the o. rdinance transfers funds fr~). m the General Fu.nd Contingency to various depa, l,,,ents to prov,de necessary funding for termination leave wages; the transfers do not 531 ACTION: The Director of Finance recommended that Council approve the required transfers. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (t/33861-060198) AN ORDINANCE to emend and reordein certain eections of the 1997-98 General Fund Appropriations, end providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, pegs 572.) Mr. Trout moved the adoption of Ordinance No. 33861-060198. The motion was seconded by Mr. Harris end adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers .: · 7. NAYS: Non= O. REPORTS OF COMMII'rEES: PARKS AND RECREATION: A report of the Mill Mountain Advisory Committee with regard to proposed guidelines relating to use and illumination of the Mill Mountain Star, was before Council. It was advised that on November 28, 1996, Council voted to continue the "Keep the Star White" campaign pending receipt of a report from the Mill Mountain (Development) Advisory Committee with regard to the Committee's short and long term vision for Mill Mountain; every member of the Mill Mountain Advisory Committee has the utmost regard for the diligent and valuable services of Mothers Against Drunk Driving and totally support their efforts; however, based upon the proposed guidelines being offered to Council for consideration, the Committee recommends that the "Keep the Star White" campaign not be continued. It was further advised that, in general terms, the use or illumination of the Mill Mountain Star should not be (or at a minimum, on a very limited basis) used to support any single group's interest, 532 goals, or messages, regardless of the perceived wor~;, of the message or ..g..oals; this observation is guided by the following factors: first, the abihty to sslsct which public good message ahould be aupportad and which ahould not be eupported would eventually be a monumental taek, requiring eubstantial reaourcss and time, the likely outcome of which would be aggrieved by aome group or causs; sscond, eince the Mill Mountain Star is, es a prsctic~l matter, "owned" by all who view it. it~ usa for sslectivaly conveying individual messages is inconsistent with the broad public good of it, and this is the ssma issue ae denying .any individual or group the ability to convey its thought, or messages .n an offenaive or diaruptive manner, i. e., loud music, such that another'a dghta to the public good of peace and tranquility ia eliminated. It was noted that the Mill Mountain Star should not be utilized, illuminated, or displayed in any manner which diminishes its overall positive symbolism; the Star should be a constant symbol of the positive goals and a~'u;butes of the City and the surrounding region; except for occasional situations involving significant national or regional issues or events, the Mill Mountain Star should not be displayed or permitted to be used aa a symbol to convey a negative message; and the premise of the cu~,~nt campaign of "Keep the Star White" ia misleading and the Star should be white regardless of the actions of anyone. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott moved that Council concur in the recommendation of the Mill Mountain Advisory Committee. The motion was seconded by Mr. Swain. There was discussion aa to whether the matter can be approved by motion of Council or by measure; whereupon, the City Attorney advised that it is a matter which ia within the discretion of Council, and if Council ia of a mind to refer the recommendation to him for preparation of the proper measure, he will be pleased to honor the request of Council. .,, With the approval of the authors of the motion, the Mayor advised that the motion would be to concur in the recommendation of the Mill Mountain Advisory Committee and refer the matter to the City Attorney for preparation of the proper measure; whereupon, Vice-Mayor Wyatt voiced her objection. 533 Mr. Trout offered an amendment to the motion that the matter be referred to the City Attorney for preparation of the proper measure concurring in the recommendation of the Mill Mountain Advisory Committee. The amendment to the motion was seconded by Mr. Harris and adopted, Vice-Mayor Wyatt voted no. Vice-Mayor Wyatt expressed concem that to equate the issue of the death oft citizen with birthday celebrations, weddings and holidays is offensive. She stated that the design of the campaign of Mothers Against Drunk Driving was not for a special interest group, but because drug abuse and alcohol issues belong to all groupa, and to equate Mothers Against Drunk Driving as a special interest group takes away a concern of many citizens. She stated that the request of MADD goes beck to a policy that the City observed for many years which provided that when there was an automobile fatality in this community, the Mill Mountain Star was turned red. She advised that to say this City does not want to use a positive symbol that represents all citizens of Roanoke to point out that there is a problem with drug and alcohol abuse is short-sighted. The main motion, offered by Mr. Parrott to concur in the recommendation of the Mill Mountain Advisory Committee, seconded by Mr. Swain, as amended to provide that the recommendation will be referred to the City Attorney for preparation of the proper measure, was adopted, Vice-Mayor Wyatt voted no. BUDGET-HUNTER VIADUCT-CONSULTANTS REPORTS: 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 rehabilitation of the Hunter Viaduct Phase II Project; whereupon, he recommended that Council approve the following actions: Authorize the City Manager to execute a unit price contract with English Construction Co., Inc., for rehabilitation of Hunter Viaduct, in the amount of $3,058,597.70; Authorize a project contingency of $350,000.00 (estimate of $40,000.00 to AEP for lighting); 534 Authorize the City Manager to execute Amendment No. 4, in .the amount of $247,000.00, for construction administration and full-time construction inspection services to the Agreement for Engineering Services with Hayes, Sesy, Mattern & Mattem, Inc., dated September 21, 1989 (Ordinance No. 29764-91189), in a form to be approved by the City Attorney. Fund the agreement with Norfolk Southem Railway authorized by Council on September 22, 1997, to provide utility adjustments, watchman service and flagman protection, in the amount of $614,215.00 and anticipated other expenses related to the project; Funding is proposed to be established as followa: Hunter Viaduct account exists with funding of $299,159.00 from previous appropriations. Appropriate the remaining contribution from Norfolk Southern, in. the amount of $865,983.00, to Hunter V;aduct, Account No. 008-052-9636-9004; and establish a receivable in the same amount. Appropriate $3,t04,671.00 from the 1996 Public Improvement Bonds, Account No. 008- 052-9701-9190, to Hunter Viaduct, Account No. 008-052-9636-9001; and Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#33862-060198) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. 535 I (For full text of Ordinance, see Ordinance Book No. 60, page 576.) ACTION: Mr. Parrctt moved the adoption of Ordinance No. 33862-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott end Mayor Bowers 7. NAYS: None 0. Mr. Parrott offered the following emergency ordinance: (~33863-060198) AN ORDINANCE accepting the bid of English Construction Company, Incorporated, for the rshabilitetion of the Hunter Viaduct, 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; end providing for an emergency. (For full text of Ordinance, see Or~. inance Book No. 60, page 577.) I ACTION: Mr. Parrott moved the adoption of Ordinance No. 33863-060t98. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parma and Mayor Bowers 7. NAYS: None 0. Mr. Parrott offered the following resolution: (*~33864-060198) A RESOLUTION authorizing the execution of an amendment to the City's contract with Hayes, Seay, Matl~rn & Mattom, Inc., for construction administration and full-time construction inspection services for the Hunter Viaduct Phase II Project. (For full text of Resolution, see Resolution Book No. 60, page 578.) Mr. Parrott moved the adoption of Resolution No. 33864-060198. The motion was seconded by Mr. Swain and adopted by the following vote: 536 ACTION: AYES: Council Membem Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowem '** 7. ~ I NAYS: None O. BUDGET-BRIDGES: 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 Cove Road and Peach Tree Drive Bridge replacement project; whereupon, he recommended that Council approve the following actions: Authorize the City Manager to execute a unit price contract with H. & S. Construction Co., in the amount of ?.~.3,488.25, and authorize a project contingency of $62,000.00 ($t7,200.00 for inspection and construction administration); Transfer $505,488.00 from the 1997 bond proceeds, Account No. 008-052-9706-9190, to Account No. 008-052- 9551-900t, Three Bridge Replacements; and Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (~t33865-060198) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 579.) Mr. Parrott moved the adoption of Ordinance No. 33865-060198. The motion was seconded by Mr. Swain and adopted by the following vote: 537 ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Pan'ott and Mayor Bowers 7. NAYS: Nono 0. Mr. Parrott offered the following emergency ordinance: (#33866-060198) AN ORDINANCE accepting the bid of H. & S. Construction Company for the replacement of the Cove Road bridge over Peters Creek and the Peach T~ Drive bridge over Peters Creek, 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. 60, page 580.) Mr. Parrott moved the adoption of Ordinance No. 33866-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None 0. SIDEWVALK/CURB AND GUI-I'ER-BUDGET: 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 new concrete sidewalks, entrances and curb, Phase III; whereupon, he recommended that Council approve the following actions: Authorize the City Manager to execute a unit price contract with H. & S. Construction Co., in the amount of $471,850.00, and authorize a project contingency of SS0,000.00; Transfer $181,300.00 from Public Improvement Bonds ~ Series 1996 Streets and Sidewalks, Account No. 008-052- 9701-9t 91, Sidewalk and Curbs Phase III; 538 Transfer $240,550.00 from Public Improvement Bonds - Series 1997 Stroete and Sidewalks, Account No. 008-052- 9706-9191, to Sidewalk and Curbs Phase III account; Appropriafe $100,000.00 from Transfer to Capital Projects Fund, Account No. 00t-004-9310-9508, to Sidewalk and Curbs Phase III; Reject the other bid received by the City. The City Manager submitted s 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: (~33867-060198) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 581.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 33867-060198. The motion was seconded by Mr. Swain and adopted by the following vote: II AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Boware 7. NAYS: Non.- Mr. Parrott offered the following emergency ordinance: (~t33868-060198) AN ORDINANCE accepting the bid of H. & S. Construction Company, for the construction of new concrete sidewalks, entrances, and curbs 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. ACTION: ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 582.) Mr. Parrott moved the adoption of Ordinance No. 33868-060198. The motion wee seconded by Mr. Swein and adopted by the following vote: AYES: Council Members Swein, Trout, White, Wyatt, Harris, Pawott and Mayor Bowers 7. NAYS:None O. BUDGET-WATER RESOURCES: Council Mamber 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 Peters Creek Detention Basin; whereupon, he 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 Attorney, with H. T. Bowling Inc., in the amount of $1,054,305.00 and 240 consecutive calendar days for completion of the work, with a project contingency of $105,695.00; and Transfer $1,160,000.00 from Public Improvement Bonds Series 1992A, Account No. 008-052-9700-9176, to Peters Creek Detention Basins, Account No. 008.056-9656-9001. 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: (~33869.060198) AN ORDINANCE to amend and reordain certain sections of the t997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 583.) Mr. Parrott moved the adoption of Ordinance No. 33869-060198. The motion was seconded by Mr. Swain and adopted by the following VOte: 539 540 ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Boware : 7. I NAYS: Non--. O. Mr. Parrott offered the following emergency ordinance: (//33870-060198) AN ORDINANCE accepting the bid of H. T. Bowling, Inc., for the construction of the Peters Creek Detention Basins, 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 bid~ made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 584.) Mr. Parrott moved the adoption of Ordinance No. 33870-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None .... UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: JUVENILE CORRECTIONAL FACILITIES: Ordinance No. 33838, authorizing the City Manager to execute the Roanoke Valley Detention Commission Service Agreement by and among the Commission, the City of Salem, and the Counties of Franklin, Roanoke and Botetourt, should Botetourt choose to pert]cipets, and to execute the necessary documents providing for the sale and conveyance of property owned by the City and commonly known as the Roanoke City Juvenile Detention Center in Botetourt County, having previously been before the Council for its first reading on Monday, May 18, 1998, 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: 541 Ii ACTION: (~t33835-060t98) AN ORDINANCE authorizing the City Manager to execute the Roanoke Valley Detention Commission Service Agreement by and among the Commission, the City of Salem, and the Counties of Franklin, Roanoke and Botetourt, should Botetourt chocee to participate, and to execute the necessary documents providing for the sale and conveyance of property owned by the City and commonly known aa the Roanoke City Juvenile Detention Center in Botetourt County, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 531.) Mr. Trout moved the adoption of Ordinance No. 338384)60198. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Beware 7. NAYS: None .... 0. CITY CODE-SWIMMING POOLS-FEE COMPENDIUM: Ordinance No. 33839, amending the City Code with regard to the regulation of swimming pools and amending the Fee Compendium to provide for an application fee for a swimming pool permit, effective July 1, 1998, having previously bccn before the Council for its first reading on Monday, May 18, 1998, 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: (~33839-060198) AN ORDINANCE amending Al'dcle II. Swimminu Dg_q]~ of Chapter t5, Health end Sanitation Generally. of the Code of the City of Roanoke (1979), as amended, by amending §15-22, ~ §t5-23, Violations of article. §15-24,~'#1sDection to enforce article: submission of records to health department. §15-25, Certain P~)Ols declared public nuisance. §15-26, Rules and rea_ulations for desian, constru(don, etc.. §15-27, Permit to construct, alter or oDerate. §15-28, SuDervlsow Deraonnel. and by adding new §15-29, ~ rescue eauiDment and code standards: other safety features, and §15- 30, General safety provisions and security_, to provide for consistent regulations among the Iocelit~ss; amending the City's Fee Compendium to provide for an application fee for a swimming pool permit; and providing for an effective date. 542 ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 532.) Mr. Parrott moved the adoption of Ordinance No. 33839-060198. The motion was seconded by Mr. Harris and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: Non= 0. BUDGET-CITY EMPLOYEES-PENSIONS: Ordinance No. 33843, amending and reordaining subeection (a) of Section 22.1 ~.~., Normal service retirement. Cede of the City of Roanoke (1979), as amended, to provide for use of a Rule of 70 for calculation of normal retirement age for firefighters and deputized police officers and a Rule of 80 for calculation of normal retirement age for all other City employees, effective July 1, 1998, having previously been before the Council for its first reading on Monday, May 18, 1998, 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: (~33843-060198) AN ORDINANCE amending and reordaining subsection (a) of §22.1~14, Normal service retirement~ Code of the City of Roanoke (1979), as amended, to provide for use of a Rule of 70 for calculation of no,,,al retirement age for firefighters and deputized police officers and a Rule of 80 for calculation of normal retirement age for all other City employees; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 60, page 543.) Mr. Harris moved the adoption of Ordinance No. 33843-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None 0. 543 BUDGET-CITY EMPLOYEES-PENSIONS: Ordinance No. 33844, amending and reordaining Section 22.1-3, Membershi_D _oenerall_v. of Chapter 22.1, pensions and Retirement. Code of the City of Roanoke (1979), as amended, by the addition of a new subeection (c2) providing for a new window of opportunity during which members of the Employees' Retirement System may transfer to the Employees' Supplemental Retirement System, having previously bccn before the Council for ite first reading on Monday, May 18, t998, read and adopted on its first reading end laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: (~33844-060198) AN ORDINANCE amending and reordaining §22.1-3, Memberehi_D a~enerall_v, of Chapter 22.1, ~ Retirement. Code of the City of Roanoke (1979), aa amended, by the addition of a new subsection (c2) providing for a new window of opportunity during which membere of the Employees' Retirement System may transfer to the Employees' Supplemental Retirement System. (For full text of Ordinance, see Ordinance Book No. 60, page 545.) ACTION: Mr. Harris moved the adoption of Ordinance No. 33844-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None O. STREETS AND ALLEYS: Ordinance No. 33849, permanently vacating, diacontinuing and closing an alley connecting properties located at t91t and 1909 East Gate Avenue, N. E., identified as Official Tax Nos. 3441103 and 3441104, having previously I===n before the Council for its first reading on Monday, May 18, 1998, 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: (~33849-060198) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, aa are more particularly deecHbed hereinafter. 544 ACTION: (For full text of Ordinance, aes Ordinance Book No. 60, page 546.) Mr. Harris moved the adoption of Ordinance No. 33849-060198. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowars 7. NAYS: Nor.= 0. STREETS AND ALLEYS: Ordinance No. 33850, permanently vacating, discontinuing and closing a portion of Pineland Road, S. W., located adjacent to Official Tax Nos. 5010507 and 5010317, having previously been before the Council for its first reading on Monday, May 18, 1998, 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: (~33850-050198) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as ars more pa~culariy described hereinafter. (For full text of Ordinance, see Ord;nance Book No. 60, page 548.) Mr. Harris moved the adoption of Ordinance No. 33850-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None.. 0. CITY CODE-ZONING: Ordinance No. 33851, amending Section 36.1-710, ~ of Division 6, Fees. of Article VII, ~ of Chapter 36.1, ~ of the Code of the City of Roanoke, (1979), aa amended, by the addition of a new subsection (c), to authorize refunds of fees or charges under certain justifiable circumstances, having previously been before the Council for its first reading on Monday, May 18, 1998, read and adopted on its first reading and laid over, was =gain before the body, Mr. Harris offering the following for its second reading and final adoption: 545 (/t33851-060t98) AN ORDINANCE amending §36.t-7t0, Fees I ~ of Division 6, ~ of Article VII. ~dD]]DJ~E&~]/, of Chaptar 36.1, ~ of the Code of the City of Roanoke (1979), ss amended, by the addition of new sub~ection (c) to authorize refund of fees or charges under certain justifiable circumstances. (For full I~xt of Ordinance, see Ordinance Book No. 60, page 550.) ACTION: Mr. Harris moved the adoption of Ordinance No. 33851-060198. The motion was seconded by Mr. Swain and edopb~d by the following vote: AYES: Council M®mbere Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: Nono · 0. ZONING: Ordinance No. 33852, rezoning a 2.82-acre tract of land located at 2013 Peters Creek Road, N. W., identified as Official Tax No. 6370306, from RS-3, Residential Single-Family District, to C-2, General Commercisl District, subject to certain conditions proffered by the petitioners, having previously been before the Council for its first i reading, on Monday, May .18, 1998, read and adopted on ? first reading and laid over, wes again before the body, Mr. Harrm offering the following for its second reading and final adoption: (~33852-060198) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 637, 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. 60, page 551.) ACTION: Mr. Harris moved the adoption of Ordinance No. 33852-060198. The motion was seconded by Mr. Swain and adopted by the following vo~: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers 7. NAYS: None 0. 546 MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: SEGREGATION/INTEGRATION-ACTS OF ACKNOWLEDGEMENT. COMMITTEES: Council Member White commended the planning committee on the success of the First Regional Conference on Community Relations which was held on May 29, 1998, st The Hotol Roanoke. COUNCIL: It was the consensus of Council that the matter of scheduling a joint meeting of Roanoke City Council and the Salem City Council would be referred to the City Clerk. ACTS OF ACKNOWLEDGEMENT.COUNCIL: Council Member Harris advised that he would not be present for the June 15, 1998 Council meeting which will be the last official meeting of Council Member John H. Parrott; whereupon, Mr. Harris commended Mr. Parrott for his four years of service as a Member of Roanoke City Council. ACTS OF ACKNOWLEDGEMENT: The Mayor commended George C. Snesd, Jr., Director of Public Safety, for his service as President of the Local Chapter, National Conference of Christians and Jews. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: POLICE DEPARTMENT-DRUGS/SUBSTANCE ABUSE- HOUSING/AUTHORITY: Mr. Jeff Artis, 727 Highland Avenue, S. E., addressed Council with regard to gang activities in southeast Roanoke; violence among young people, particularly in the northwest neighborhood involving automatic weapons; and the illegal distribution, sale and use of drugs in public housing projects. W'dJtout objection by Council, the Mayor advised that the remarks of Mr. Ar'ds would be referred to the City Manager for response. The Mayor requested that Council be provided wit~ a briefing on crime activities in the City of Roanoke. At 4:20 p.m., the Mayor declared the meeting in recess. 547 ACTION: ACTION: At 4:45 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Vice-Mayor Wyatt who left the meeting following the Executive Session. COUNCIL: W'ffh 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. Swain and adopted by the following vote: AYES: Council Membere Swain, Trout, White, Harris, Parrott and Mayor Boware C. NAYS: Nono 0. (Vice-Mayor Wyatt was abeent,) OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that the term of office of Todd St. Clair as s member of the Youth Services Citizen Board will expire on May 3t, t998, end called for nominations to fill the vacancy. Mr. Harris placed in nomination the name-of Todd St. Clair. There being no further nominations, Mr. St. Clair was reappointed as a member of the Youth Services Citizen Board, for a term ending May 31, 2301, by the following vote: FOR MR. ST. CLAIR: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowar~ 6. (Vice-Mayor Wyatt 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 Louis Ellis, and called for nominations to fill the vacancy. 548 Mr. Harris placed in nomination the name of Gary J. Foutz. There being no further nominations, Mr. Foul= was appointed as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 30, 1998, by the following vote: ACTION: FOR MR. FOUTZ: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers 6. (Vice-Mayor Wyatt was absent.) The City Attorney advised that a press conference was held on June 1, 1998, with regard to the results of what is hoped to be the final excavation for possible unauthorized disposal of waste materials at the Public Works Service Center. He stated that to date t,052 crushed barrels have been discovered, 16 of which were full and t5 contained a substance that might be traffic paint, and the 16th barrel contained an unknown substance that may or may not have bccn generated by the City. He added that it is too early to speculate as to the cost of cleanup, although there will be considerable costs which will be dependent upon the amount of soil contamination, and most of the barrels constitute solid waste violations rather than hazardous waste violations. 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 549 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL June t5, 1998 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, June 15, 1998, at 12:15 p.m., the regular mesting hour, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pureuant to Ruls 1, ff~g~11Ll~11]g~ of Section 2-15, Rules of Procedure. Code of the City of Roanoke (1979), aa amended. PRESENT: Council Members James O. Trout, William White, Sr., Linde F. Wyatt, Carroll E. Swain and Mayor David A. Bowers 5. ABSENT: Council Members C. Nelson Harris and John H. Parrott... 2. OFFICERS PRESENT: W. Robert Herbert, City Manager, James D. Ritohie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grlsso, Director of Finance; and Mary F. Parker, City Clerk. YOUTH-PARKS AND RECREATION-LIBRARIES: Marion Vaughan-Howard, Youth Planner, addressed Council in connection with the City's Summer Youth Programs. She advised that the theme of the program for 1998 is, "On the Wild Side- Summer Fun in Roanoke City"; whereupon, she called upon representatives of the Parks and Recreation Department, Roanoke City Public Library, and Office on Youth to present a summary of offerings. Lisa Soltice, Marketing Information Coordinator, Roanoke City Department of Parks and Recreation, advised that the goal of Parks and Recreation is to give every child an excellent and intriguing lesming experience allowing them to think, dream and build self-esteem. She stated that 100 classes are held at eight Recreation Centers targeting ages 3 - 15, 24 outdoor adventure programs are conducted for youth ages 6 - 18, and numerous tennis classes are offered. She further stated that four week sessions are offered in golf for ages 14 and up, and a Roanoke Ali-Stars Football Clinic is conducted at the River's Edge Sports Complex. In addition, she advised that ten Splash Parties are scheduled at Washington Park and Fallon Park Swimming Pools targeted at age groups 11 - 13 and 14 - 18; 15 Summer Camps and seven Outdoor Adventure Camps are scheduled, Adventures in the Park Program for youth ages 6 - 12 has been expanded to ten sites, and the Stars Come OutAt Night Program for youth ages 13 - 16 will be held at Preston Park, Villa Heights and Buena Vista Recreation Centers. 55O Demetria R. Tucker, Youth Services, Roanoke City Public Library, advised that the Roanoke City Public Library annually offers a free and non-competitive entertaining and educational Summer Reading Program targeted at youth ages 3 - 18. She explained that studies have shown that school age children who read during summer vacation maintain and improve their reading skills and the Summer Reading Program involves the entire family. She advised that out of a concern for literacy as well as illiteracy, parents and older siblings are encouraged to read aloud to non- raa.d, ing mem. bera of the family; last summer a total of 1,092 young people participated ,n the Summer Reading Program, and it is estimated that the total number of participants will increase to 3,000 this year as a result of the partnership with the Office on Youth, Job Training Camp, 444 Camp, and Parks and Recreation Adventures in the Park Program. She stated that 41 program events were provided last summer with an audience of 1,550 children in attendance and this summer 51 programs will be offered. She advised that a special event, "Go Wild", will be held on June 24, which is a City-wide ~eading day sponsored in conjunction with City libraries, Roanoke's Office on Youth, Virginia Cooperative Extension Service, and the City's Parks and Recreation Department, and staff and voluntaera will read aloud at the main library from 9:00 a.m. to 5:00 p.m. Je;;;ey Harris, Program Coordinator, Office on Youth, advised that during the pest four years the Office on Youth has provided training opportunities for youth in regard to summer employment and work experience. He stated that the program targets ages tl - 15 for par'dcipation, with students attending seminars on how to draas in the work world, listening to work experts on a variety of professions, and during the past four years participation in the program has steadily increased, with 55 youth having perticipatad in 1997 and 75 participating in 1998. He added that the Office on Youth is working with a number of different partners f~om the community including the Roanoke City Public Schools, Roanoke City Public Libraries, Transcrit, Virginia Western Community College and Radford University. He advised that approximately $20,000.00 is received in funding from the Community Development Block Grant, along with City fonds, which help to cover the coat of the program, staff, and a small stipend for youth if they successfully complete the program. He stated that this year, a t~acking program will be implemented and for the next three years students will be monitored after they graduate from the program to measure their success in the job market once they reach the age of 16. Sergeant Cyril James Goens, Jr., representing the Roanoke City Police Depe,;,,,ent, DARE School Resource Officer Program, advised that the DARE program was initiated in 1979 with the placement of a single police officer at James Madison Junior High School, and it has since expanded to provide service to all of the City's 29 schools and more than 11,000 children. He further advised that one of the highlights of the Program is the annual DARE Summer Camp; and this year approximately 250 children will attend a five day four night camp at the 4-H Center at Smith Mountain Lake, which is planned and staffed by DARE Resoume Officers and supplemented by selected teen and adult volunteers. He explained that the children who attend the camp ars selected by DARE Officers and the teachers at their respective schools based on citizenship as well as scholarship, there is no charge for the camp and the children ars exposed to recreational activities including horseback riding, archery, swimming, canoeing, fishing and cooking classes. He presented a video highlighting the 1997 DARE Camp. Without objection by Council, the Mayor advised that the briefing would be received and filed with appreciation. HENRY STREET REVIVAL COMMITTEE: Ma. Vemica Law, representing the Citizen Participation Group, invil~l the Members of Council to, "Meet Me On Henry Street" on Friday, June 26, 1998, from 4:00 - 6:00 p.m. At 12:55 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, June 15, 1998, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Chumh Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Membare James O. Trout, William White, Sr., Linda F. Wyatt, John H. Parrott, Carroll E. Swain 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 David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The Mayor welcomed participants of the Minority Joumalism Workshop sponsored by The Roanoke Times. 552 ACTION: COUNCIL: Inasmuch as June 15, t998, would be the last official Council meeting of Council Member John H. Parrott, Mr. White offered the following resolution: (~33871-061598) A RESOLUTION recognizing and commending the meritorious services rendered to the City by the HONORABLE JOHN H. PARROI'I', Member, Roanoke City Council. (For full text of Resolution, see Resolution Book No. 60, page 585.) Mr. White moved the adoption of Resolution No. 33871-061598. The motion was seconded by Me. Wyatt and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Swain and Mayor Bowers 5. NAYS: None (Council Member Harris was absent and Council Member Parrott abstained from voting.) The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for Executive Session to discuss a prospective business or industry where no previous announcement has been made of the interest of the business or industry in locating its facilities in this community, specifically to discuss inducements that may be offered to such business or industry; and personnel matters wi~ 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 convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, 553 ACTION: ACTION: boards, commissions and committees appointmJ by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, ~ee 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 committmm appointed by the Council, pursuant to Section 2.1-344 (A)(¶), Code of Virginia (t950), es amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers NAYS: None 0. (Council Member Harris was absent.) COUNCIL-INDUSTRIES: A report of the City Manager requesting that Council convene in Executive Session to discuss a matter with regard to a prospective business or industry where no previous announcement has been made of the interest of the business or industry in locating its facilities in this community, specifically to discuss inducements that may be offered to such business or industry, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to a prospective business or industry where no previous announcement has been made of the interest of the business or industry in locating its facilities in this community, specifically to discuss inducements ~at may be offered to such business or industry, pureusnt to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: 554 ACTION: AYES: Council Members Trout, Wt~ite, Wyatt, Parrot'L, Swain and Mayor Bowem 6. NAYS: None . O. (Council Member Harris was absent.) EMERGENCY SERVICES: A communication flora Mayor David A. Bowers transmitting a news release dated June 3, 1998, from the Federal Emergency Management Agency (FEMA) indicating that the Roanoke area has I~:n asked to become a Project impact Community to reduce the effects of disasters, was before Council. It was explained that Project Impact: Building a Disaster- Rsslstent Community is s nstional initiative that sims to chsnge the way America deals with disasters; communities ars encouraged to form partnerships with business, government and civic leaders to assess their vulnerabilitias to hazards, develop solutions and implement strategies to limit dsmsge before disasters occur; and the frequency and severity of disasters nationwide are so great that government cannot be the sole solution. It ..w. as .noted that the Roanoke Valley !s .one.. o.f .the first communities ,n the nation, and the only community in Virgin,a, which has been invited to be a Project Impact Community; and the Virginia Department of Emergency Services will work with FEMA, the Roanoke Vslley, and its local public and private partners to implement new strategies to reduce the impact of disasters. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be referred to the City Manager for appropriate action. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers 6. NAYS: None 0. (Council Member Harris was absent.) 555 REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of fonds to the following school accounts, was before Council. $9,000.00 for the Thurman Foundation for Children to support the activities of the Partners for Success Program, which is designed to encourage college preparation of eighth grade students who show academic promise but would be unlikely to consider advanced etudiee w;;;,out intervention; the fonds for this continuing grant are provided from a contribution. $91,892.00 for the Summer Youth Employment Program to provide training and hands-on experience for disadvantaged or handicapped youth from the inner city with the goal of enhancing employment potential, developing employment competsnciee, and eeming academic credit toward the high school diploma; this continuing program is 100 par cent raimburaed by Federal fonds. $10,tt 3,300.00 for the Addison Aerospace Middle School renovation project; fonding will be provided from Literary Fund loan proceeds and 1997 Capital Bond Issue funds. $314,569.00 for the Westside Elementary School roof replacement project; fonding will be provided from the proceeds of the Trigon stock sale. The School Board for~;~er requested the transfer of fonds from the School Board Contingency Account totaling $65,000.00 to eliminate high school athletic fond deficits existing on July 1, 1996. A report of the Director of Finance recommending that Council concur in the requests of the School Board, was also before the body. 556 ACTION: (For full text, sss communication and report on file in the City Clerk's Ol~ce.) Vice-Mayor Wyatt advised that the request of the School Board involves a significant sum of money to be used for improvements at Westeide Elementary School where she is employed as a classroom teacher, and inquired if it would constitute a conflict of interest if she votes on the matter; whereupon, the City Attorney advised that the Vice-Mayor does not have a poreonal interest in the matter as defined by the Conflict of Interests Act, therefore, she would be permitted to vote on the request of the School Board. Council Member Swain advised that the Lucy Addison High School Reunion will be held during the summer of 1998 and could drew as many as t200 - 1500 people, many of whom will be returning to Roanoke from other localities, and inquired if the School sdminislration will offer an opportunity for those persons to receive a briefing on the renovation of Lucy Addison High School and ways of honoring the legacy of Miss Lucy Addison in the City of Roanoke. Richard g Kelley, Assistant Superintendent of Roanoke City Public Schools, advised that he would be pleased to arrange a briefing through the Lucy Addison High School Alumni Committee. Mr. Trout offered the following emergency budget ordinance: (~/33872-061598) AN ORDINANCE to amend and reordain certain sections of the 1997-98 School and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 586.) Mr. Trout moved the adoption of Ordinance No. 338724)61598. The moUon was seconded by Mr. Swain and adopted by the following vote: Mayor Bowers. NAYS: None.. (Council Member Harris was absenL) AYES: Council Members Trout, INhite, Wyatt, Parrott, Swain and ACTION: Mr. Trout offered the following resolution: (#33873-061598) 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. 33497-072197, adoptsd July 2t, 1997, for certain expenditures for Huff Lane School Improvemente; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 60, page 589.) Mr. Trout moved the adoption of Resolution No. 33873-061598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Wltite, Wyatt, Parrott, Swain and Mayor Bowers 6. NAYS: Nono 0. (Council Member Harris was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that Council authorized filing a Community Development Block Grant (CDBG) application through submission of the Annual Update to the Consolidated Plan to the Department of Housing and Urban Development (HUD) for fiscal year 1998-99 on May 11, t998, pursuant to Resolution No. 33830-051198; HUD approval of the City's fiscal year 1998-99 CDBG application is forthcoming; and a letter of approval is pending the routine release process. It was further advised that grant approval is for $2,095,000.00, the amount entitled to the City from HUD for fiscal year 1998-99; an appropria~on request includes $397,728.00 in expected CDBG 1998-99 558 ACTION: program income received from parking receipts, Hotel Roanoke Section 108 loan repayment, Housing Authority rehabilitation loan repayments, miscellaneous loan repayments and repayments from the Home Ownership Assistance Program; and total appropriation request is $2,492,728.00, which includes the following: CDBG Entitlement $2,095,000.00 Estimated 1998-99 Program Income ~ Total Appropriation $2,492,728.00 Additionally, $934,304.00 r. ccds to be transferred from unprogrammed accounts in prior years of CDBG entitlement. The City Manager recommended that Council adopt a resolution accepting fiscal year 1998-99 CDBG funds when the letter of approval is received from HUD, and authorize the City Manager to execute the requisite Grant Agreement, to be approved as to form by the City Attomey, along wi~ Funding Approval and any other forms required by HUD on behalf of the City in order to accept the funds; appropriate $2,492,728.00 to revenue and expenditure accounts in the Grant Fund to ~ established by the Director of Finance ($2,095,000.00 in CDBG enthJement and $397,728.O0 in projected t 998-99 program income); and ~ transfer $934,304.O0 between accounts in the prior three years of CDBG entitlements. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33874-061598) AN ORDINANCE to amend and raordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 590.) Mr. Trout moved the adoption of Ordinance No. 33874-061598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers 6. NAYS: None 0. i 559 ACTION: (Council Member Harris was absent.) Mr. Trout offered the following resolu'don: (#33875-061598) A RESOLUTION accepting the Fiscal Year 1998- 99 funds for the Community Development Block Grant Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). (For full text of Resolution, see Resolution Book No. 60, page 596.) Mr. Trout moved the adoption of Resolution No. 33875-061598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowam 6. NAYS: Nor._-' 0. (Council Member Harris was absent.) BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that the HOME Investment Partnership Program is a housing assistance program of the U. S. Depa,~,,ent of Housing and Urban Development (HUD); the City hes received a HOME entitiement grant each year since fiscal year 1992 and must reapply annually to HUD to receive such funding; and Council authorized filing of the fiscal year 1998-99 HOME application through subrniesion of the Annual Update to the Consolidated Plan to HUD pursuant to Resolution No. 33830-051198, edoptecl on May 11, 1998. It was further advised that approval of the City's t998-99 HOME entitlement of $628,000.00 is forthcoming from HUD; an additional $4,000.00 in 1997-98 HOME entiitiement grant funds was received by the City after the appropriations process was completed last year; these funds remain to be appropriated to revenue and expenditure accounts; and a total of $635,434.00 ncc:is to be appropriated as follows: $628,000.00 from the 1998-99 HOME entiUement grant; 560 ACTION: $3,434.00 from HOME Program Income Revenue Account No. 035-035-1234-7220; and $4,000.00 from the 1997-98 HOME entitlement grant. It was noted that $16,827.00 needs to be transferred from HOME accounts from prior yesra to projects included in the fiscal year 1998- 99 HOME Program; the new $628,000.00 HOME grant requires $66,726.00 in matching funds, which funds will come from cash and in- kind contributions from non-federal sources; and no outlays of City funds will be needed to meet the match requirements. The City Manager recommended that Council adopt a resolution accepting fiscal year t998-99 HOME funds, contingent upon receipt of a letter of approval from HUD, and authorize the City Manager to execute the required Grant Agreement to be approved as to form by the City Attomey, along with Funding Approval and any other forms required by HUD on behalf of the City in order to accept such funds; appropriate $635,434.00 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance; and transfer $16,827.00 in HOME accounts from prior years to projects included in the fiscal year 1998-99 HOME Program. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33876-061598) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 596.) Mr. Trout moved the adoption of Ordinance No. 33876-061598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowera 6. NAYS: None. 561 ACTION: (Council Member Harfls was absenL) Mr. Trout offered the following resolution: (1/33877-061598) A RESOLUTION accepting the Fiscal Year 1998- 99 funds for the HOME Investment Partnerships Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Depa, b~ent of Housing and Urban Development (HUD). (For full text of Resolution, see Resolution Book No. 60, page 699.) Mr. Trout moved the adoption of Resolution No. 338774)61598. The motion wes seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parzott, Swain and Mayor Bowers 6. NAYS: Nono ......... 0. (Council Member Harris wes absent.) PURCHASE/SALE OF PROPERTY-BUDGET-FLOOD REDUCTION/CONTROL: The City Manager submitted a written report advising that the Garden City neighborhood experienced extensive flooding on June 28, 1995; as a result, on July 1, 1995, the City of Roanoke received a Presidential Declaration of Major Disaster; on July 6, 1995, Council adopted Resolution No. 325534)70695 declaring a local emergency and authorizing the City Manager to make application for Federal and State assistance; and on November 15, 1996, the City was notified by the Virginia Department of Emergency Services that the Federal Emergency Management Association had approved the application and obligated funds for the Garden City Property/Relocation Program. It wes further advised that on February 3, 1997, Council adopted Ordinance No. 33264-020397 which included appropriation of funds for the Garden City Property/Relocation Program; funding established for the program included the following sources: [City: $500,000.00 (20%)] [State: $86,400.00 (3%)] [Federal: $1,952,001.00 (77%)], for total project funding of $2,538,401.00; the Commonwealth of Virginia, 1997 General 562 ACTION: Assembly, approved in additional $232,844.00 for the nm~ching portion of the Garden City Property Relocation Program, which revised funding increased the State's contribution for the program to 12.5% of overall estimated program cost; and to date, 26 houses have been purchased and demolished under the program. The City Manager recommended that Council appropriata $232,844.00 from the Virginia Depe, ;,,,ant of Emergency Sen(ices for the Garden City Property/Relocation Program to Capital Projects Account No. 008-052-9696-9007, entitled "Garden City Property/Relocation Program." (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33878-061598) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 599.) M.r Trout moved the adoption o.f Ordinance No. 33878.0615.98. i The motion was seconded by Mr. Swam and adopted by the follow, ng vota: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers 6. NAYS: None 0. (Council Member Harris was absent.) BUDGET-REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY: The City Manager submitted a written report advising that the adopted budget for Solid Waste Management for fiscal year 1997-98 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 t997-98 would be 47,000 tone; wasta material generated by Street Maintenance activities occurred during the months of January, February, March, April and May; approximataly 3,900 tons of materials 563 ACTION: from utility cuts, roadway shoulder repairs, drainage clesnoute, etc., were removed from public right-of-ways and disposed of at the Roanoke Valley Resource Authority; and heretofore such materials were disposed of in other approved locations with another lees expansive location recently identified for dispo,al. It was fuf~;,er advised that financial aesumptions on which the budget for operating disposal programs was prepared changed during the fmc. al year because the number of tons of refuse disposed of at the Roanoke Valley Resource Authority exceeded the City's budget estimate by 3,900 tone, with envimnmentsl issues being a major con~buting factor; and the cost of the additional 3,900 tons at $50.00 par ton is $195,000.00. The City Manager recommended that Council authorize transfer of $195,000.00 from General Fund Contingency and various accounts to the Solid Waste Management/Refuse Budget, Account No. 001-052. 4210-20t0. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (ft33879-061598) AN ORDINANCE to amend and reordain certain sections of the t997-98 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 600.) Mr. Parrott moved the adoption of Ordinance No. 338794)61598. The motion was seconded by Mr. Swain and adopted by the following vote: Mayor Bowers NAYS: None (Council Member Harris was absent.) AYES: Council Members Trout, White, Wyatt, Parrott, Swain and C. 564 HOUSING/AUTHORITY.GRANTS: The City Manager submitted a written report advising that the City of Roanoke received an allocation of $100,000.00 from the Virginia Department of Housing and Community Development (DHCD) Abandoned Housing Clearance Fund in September, 1997 (Resolution No. 33586-092297), to address specific vacant buildings; Council authorized payment of up to $100,000.00 for reimbursement of expanses eligible under the Abandoned Housing Clearance Fund to support the renovation of "One Elm Place" (formerly known as Justice House) to the developer, Virginia Realty and Auction, Inc. (Rssolu'don No. 33586-092297); and provisions of the City's contract with Virginia Realty and Auction, Inc., provided for all renovations to be completed by May 15, 1998, and reimbursement of eligible expenses only upon completion of renovations. It was further advised that completion of renovations has been delayed, due primarily to renovations being more extensive than expected, and time required to obtain approvals for State and Federal historic rehabilitation tax credits; renovations are complete in one of the two buildings, with work progressing rapidly in the other; DHCD required the City's request for payment of the Abandoned Housing Clearance Fund (AHCF) grant to be submitted by June 1, 1998, to allow payment to the City by June 30, 1998; DHCD and grant guidelines for reimbursement by DHCD to the City requires documentation that at least $200,000.00 has gone into the project to date, of which at least $100,000.00 was for expenses eligible for reimbursement from the AHCF grant; project completion is not required by DHCD; expenses have bccn documented and the City Administration has sent to DHCD a request for disbursement of grant funds to the City; and amendment to the contract with Virginia Realty and Auction, Inc., is needed to amend the completion date. The City Manager recommended that Council authorize the City Manager or the Assistant City Manager to execute and the City Clerk to attest an amendment to the Subgrantee Agreement with the ownereldevelopere of 716-7t8-720-722 First Street, S. W. (also known as One Elm Place), such amendment to be approved as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: 565 ACTION: (~33880-061598) A RESOLUTION authorizing the City Manager to execute Amendment No. 1 to the Subgrentee Agreement with Virginia Realty and Auction, Inc., to provide for the extension of the completion date of the renovation to certain property located st 716-718-720-722 First Street, S. W. ("One Elm Place"), and the amendment of other (For full text of Resolution, see Resolution Book No. 60, page 602.) Mr. Swain moved the adoption of Resolution No. 33880-061598. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Trout, WItite, Wyatt, Parrot'(, Swain and Mayor Bowers 6. NAYS: Nono 0. (Council Member Harris was absenL) BUDGET-PARKS AND RECREATION-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need for playground equipment for Lakewood, Raleigh Court, Washington and Momingside Parks; and bids were received on May 4, 1998, and later evaluated by representatives of the Public Works, Parks and Recreation; and Supply Management Depa, b,,ents. The City Manager recommended that Council authorize the purchase of playground equipment for the abevestated City parks from Cunningham Associates, Inc., for a totei cost of $115,896.00. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#33881-061598) A RESOLUTION accepting the bid of Cunningham Associates, Inc., for the purchase of new playground equipment for use in four City parks, upon certain terms and conditions; and rejecting the other bid made for such equipment. (For full text of Resolution, *,es Resolution Book No. 60, page 603.) 566 ACTION: Mr. Swain moved the adoption of Resolution No. 33881,061598. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Membera Trout, White, Wyatt, Parrott, Swain and Mayor Bowere NAYS: Non= O= (Council Member Harris was absent.) POLICE DEPARTMENT.BUDGET: The City Manager submitted a written report advising that Congress amended 21 USC. Sec. 881 el-4, October, 1986, which authorized the tranefer of certain federally forfeited property to Stats and local law enforcement agencies that perficipetsd in the investigation and seizure of the property. It was further advised that the Police Department receives additional funds periodically from the Federal Govemment's Asset Sharing Program; grant requirements include that these funds be placed in an interest bearing account and that the interest earned be used in accordance with program guidelines; Council action is required to a.cc. ept additional funds to be disbursed in accordance with prows,one of the program; and revenues totaling $42,428.00 have I===n I collected and are available for appropriation in Grant Fund Accounts 035,035-1234-7t 84 and 035,035-1234-7247. The City Manager recommended that Council accept assets from the Federal Forfeited Property Sharing Program and appropriate $42,428.00 to the Grant Fund, Investigations and Rewards, Account No. 035-050-3304-2150, and increase Grant Fund Revenue Account No. 035- 035-1234-7184 in the amount of $39,957.00 and Grant Fund Revenue Account No. 035-035-t234-7247 in the amount of $2,471.00. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33882-061508) AN ORDINANCE to amend and reordain certain sections of the t997-98 Grant Fund Appropriations, and providing for an emergency. 567 ACTION: (For foil text of Ordinance, see Ordinance Book No. 60, page 603.) Mr. Trout moved the adoption of Ordinance No. 33882-061598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wya~ Parrott, Swain and Mayor Bowers 6. NAYS: Nono 0. (Council Member Harris was absent.) POLICE DEPARTMENT-BUDGET: The City Manager submitted a written report advising that the Virginia General Assembly adopted State legislation in 199t, 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,'h~ente to receive proc==ds from these forfeited properties. It was forther advised that the Roanoke City Police Department receives additional funds periodically from the State Asset Sharing Program; grant requirements include that these fonds be placed in an interest bearing account and that the interest earned be used in accordance with program guidelines; and Council action ia required to accept additional funds to be disbursed in accordance with provisions of the program. The City Manager recommended that Council accept assets f~om the Forfeited Asset Sharing Program and appropriate $15,852.00 to Grant Fund Account Capital Out]ay/Other Equipment (035-050-3302- 9015); appropriate $5,714.00 to Grant Fund Account Expandable Equipment (<$1000.00) (035-050-3302-2035); and increase the revenue estimate in Account Nos. 0354)35-1234-7133 in the amount of $18,162.00 and 035-035-1234-7270 in the amount of $3,404.00. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#33883-061598) AN ORDINANCE to amend and raordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. 568 ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 604.) Mr. Swain moved the adoption of Ordinance No. 338834)61598. The motion was seconded by Mr. Parrolt and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers 6. NAYS: Nono 0. (Council Member Harris was absent.) CITY TREASURER-CLERK OF COURTS-COMMISSIONER OF REVENUE-CITY SHERIFF-COMMONWEALTH'S ATTORNEY: The City Manager submitted · written report advising that Council, over the last 25 years, has allowed the Constitutional Officere, by contract, to receive the benefits of regular employees of the City of Roanoke; and City contracts with all five Constitutional Officers include City Treasurer, Commissioner of the Revenue, City Sheriff, Commonwealth's Attorney and Clerk of Circuit CourL It was further advised that by the election in November, t997, three new Constitutional Officers (City Sheriff, City Treasurer and Commissioner of the Revenue) took office in January t998 and contracts ce. cd to he authorized by Council; as Constitutional Officers, pay and fringe benefits are handled through the State Compensation Board, unless a local agreement is negotiated; as per the contract with the Constitutional officers, the annual salary shall he set out in the Appropriations Act of the Commonwealth; and the population bracket of t00,000 to 174,999 shall he used in ssteblishing the annual salary of Constitutional Officers, which is consistent with the population bracket used for existing Constitutional Officers who were not subject to election in November, 1997. The City Manager recommended that he be authorized to execute contracts with the newly elected Constitutional Officers; i.e.: the Commissioner of the Revenue, Treasurer and Sheriff. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: 569 ACTION: (f/33884-061598) A RESOLUTION authorizing the City Manager to extend full benefits of participation in the City's Cl~ification and Pay Plaos to the Commissioner of Revenue, Treasurer and Sheriff (Constitutional Officers), and their employees and deputies, upon execution by such Constitutional Officers of written agreements between the City and them, relating to their compliance with certain City ordinances, policies and procedures. (For full text of Resolution, see Resolution Book No. 60, page 606.) Mr. Trout moved the adoption of Resolution No. 338844)61598. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers 6. NAYS: Nono (Council Member Harris was abeent.) DIRECTOR OF FINANCE: BUDGET-CAPITAL IMPROVEMENTS PROGRAM-BONDS: The Director of Finance submitted a written report advising that capital projects of all types, which include constTUCtion in major categories for buildings, parks, streets, bridges, sanitary sewers, water projects and storm drains, have been approved by Council for construction over the past years; 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 projects are completed within the established budgets. It was further advised that a number of projects have been completed and may be closed; remaining funds nccd to be transferred from completed projects to capital projects still, under construction or to capital improvement reserve accounts for other future construction; and a proposed budget ordinance will transfer bond proceeds funding of $39,977.00 to the 1996 General Obligation Public Improvement Bond account for future appropriations, transfer remaining funds totaling 570 ACTION: $36,1t9.00 to the 1992 General Obligation Public Improvement Bond account for futura appropriations, and transfer $897.00 in remaining funds in completed projects to the capital improvement reserve to be available for future appropriations. The Director of Finance recommended that Council transfer funds as above deecHbed. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (~33885-061598) AN ORDIHANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 605.) Mr. Trout moved the adoption of Ordinance No. 33885-061598. The motion was seconded by Mr. Swain and adopt~l by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers .. 6. NAYS: Non: 0. (Council Member Harris was absent.) CITY ATTORNEY-CITY CODE: The City Attorney submitted a written report advising that since 1982, Council has reenacted and recodified the City Code on an annual basis in order to properly incorporate in the Code amendments made by the General Assembly at the previous Session to State statutes that are incorporated by reference in the City Code; and this procedure ensures that the ordinances codified in The Roanoke City Code incorporate the most recent amendments to State law. The City Attorney recommended that Council adopt a measure to m. adopt and reenact the Code of the City of Roanoke (1979). He advised that if a measure is not adopted, City Code sections incorporating provisions of the State Code amended atthe last Session .I 571 ACTION: of the General Assembly may not be deemed to include the recent amendments and may be impermissibly inconsistsnt which could result in the dismissal of criminal prosecutions under these City Cede sections. (For full text, sss report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency ordinance: (~33886-061598) AN ORDINANCE to madopt and reenact the Code of the City of Roanoke (1979), aa amended; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 608.) Mr. Perrott moved the adoption of Ordinance No. 33886-061598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Whats, Wyatt, Parrott, Swain and Mayor Bowers 6. NAYS: Nono 0. (Council Member Harris was absent.) PARKS AND RECREATION-DRUGS/SUBSTANCE ABUSE: The City Attorney submitted a written report advising that at the Council meeting on Monday, June 1, 1998, Council received a report of the Mill Mountain Advisory Committee setting out policy and guidelines recommended by the Committee for use and illumination of the Roanoke Star on Mill Mountain; and Council referred the report of the Committee to the City Attorney with the request that a resolution be drafted incorporating the policy and guidelines aa recommended by the Mill Mountain Advisory Committee; whereupon, the City Attorney presented a resolution which complies with Council's direction. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: 572 ACTION: (#33887-061598) A RESOLUTION establishing a policy with respect to illumination of the Roanoke Star on Mill Mountain. (For full text of Resolution, see Resolution Book No. 60, page 6t0.) Mr. Trout moved the adoption of Resolution No. 338874)61598. The motion was seconded by Mr. Swain. The Mayor advised that eight speakers had registered to address Council and requested that each speaker limit their remarks to four minutes. Betty Field, representing the Mill Mountain Advisory Committee, advised a groat deal of consideration went into the recommendation of the Mill Mountain Advisory Committee. She stated that the Star occupies a place on Mill Mountain and special interest groups such as Mothers Against Drunk DHving and other similar organizations should not be permitted to add their symbolism to a City park. She further stated that the Bill Mountain Star is an icon that roprossnta home, therefor, it should present positive feelings and turning the star rod for the negative symbolism of grief and sorrow does not seem to be a proper use for a recreational park. Brenda Altman, State Chairperson, Mothers Against Drunk Driving, requested that Council continue the practice of turning the Mill Mountain Star rod after an alcohol or drug related traffic fatality, and advised that during the past week, MADD received over 100 telephone calls in support of its request. She stated that when citizens see the star red, it is a reminder that a needless death has occurred in the atoM, and inquired as to why thero is such opposition to something that can save lives. She disagreed with the statement of the Mill Mountain Advisory Committee that turning the star rod conveys a negative message, because when the star is rod, it portrays a City that caros about its citizens and is creating public awareness about a serious problem. She added that using the Mill Mountain Star as a symbol is the most positive statement that any City could make to demonstrate that it is a caring community. She advised that the program has received national attention and sends a message throughout America that Roanoke, Virginia, has a good environment and is a safe place to live. 573 Sergeant Frank Duffy, Virginia State Police, advised that the Virginia State Police support Mothers Agaioat Drunk Driving in utilization of the Mill Mountain Star to call attention to s motor vehicle fatality resulting in death from alcohol or drug~. Ms. Melissa Stultz, 4780 Lenox Circle, N. W., appeared before Council in support of the request of Mothers Against Drunk Driving. Mr. John Msrkey, 3608 Chadwick, Circle, S. W., advised that Mothers Against Drunk Driving has tried to increase public awareness of the danger of drinking and driving and has bccn instrumental in promoting State legislation lowering the blood-alcohol level to .08. He sfated that by keeping the emphasis on the Mill Mountain Star, citizens will be encouraged to be on the look out for habitual drunk drivers. He advised that MADD is convinced that the illumination of the Mill Mountain Star has helped to increase public awareness of drunk drivers and requested that the City continue the program. Ms. Jennifer Borishansky, 1026 Cu~a Avenue, N. W., advised that her father wes killed by an alcohol impairad~lriver, and if only one person can be persuaded not to drive a car or be persuaded to drink responsibly because the Mill Mountain Star is red, it will be worth the effort She stated that turning the star red following an alcohol or drug related traffic fatality does not convey a negative message. Mr. Brent Brown, 1401 Franklin Road, S. W., advised that drunk driving takes a toll on the community, but it is a preventable occurrence; however, it is only preventable when there is a caring and determined community. He stated that everyone must work together from citizens, to police officers, to Council as representatives of the City, and it should be known that drunk drivers will not be tolerated. He stated that turning the Mill Mountain Star red in the event of an alcohol or drug related traffic fatality does not convey a negative message but a message of a caring community. He added that if Roanoke does not recognize the problem, the problem will begin to fester and this is an opportunity for Roanoke to lead the way by saying that it is a caring community. Cathy Bennison, Vice-President, Local Chapter, Mothers Against Drunk Driving, advised that the Mill Mountain Star sends a prominent and visual message, and when young people see the star red, it is a sobering light that causes them to recognize that an alcohol or drug 574 reistsd traffic fatality has occurred. She requested that Council make right and responsible choice and restore the tradition of turning the M,II Mountain Star red as a result of a drug or alcohol reist~l traffic fatality. Thomas Altman, President, Roanoke Chapter, Mothers Against Drunk Driving, advised that on Wednesday evening, June 10, the Mill Mountain Star was tumed red for what might be the last time as a result of a drug or alcohol related traffic fatality. He asked what better symbol is there then a 100 foot high star Iocetsd on a mountain top to convey that Roanoke caree about its citizens. Vice-Mayor Wyatt advised that the request of Mothers Against Drunk Driving will retum the City to a previous policy of over 27 years ago which provided that if there was a traffic fatality, the Mill Mountain Star was turned red. She stated that to torn the star red as a result of the loss of a life in this community is the highest honor that the City could pay to one of its citizens and to their family and it conveys the message that as a City, Roanoke cares about the loss of a life. There was discussion with regard to whether or not there was an opportunity for public input from. the com.m..unity on the recommendation of the Mill Mountain Advmory Committee; whereupon, I Vice-Mayor Wyatt moved that Council defer action on the matter pending a public forum to receive community input. There being no second to the motion, the Mayor declared the motion lost. Council Member Trout inquired if there would be any legal connotations in turning the Mill Mountain Star red for special expressions; whereupon, the City Attomey advised that his remarks had nothing to do with Mothers Against Drunk Driving or whether the message is positive or negative which is not relevant from a legal standpoint. He stated that the concern raised by Mr. Trout is that the Mill Mountain Star might be tumed into somewhat of a community bulletin board, with organizations petitioning Council to display messages, thereby placing Council in the position of being the ultimato body to sort out what message will and will not be displayed, and if Council authorized the display of one message and not othere, some might say that Council is in the business of censorship which is a First Amendment quagmire, therefor, there could be certain legal issues i 575 were Council to be in that bueinesa. He .tared that he was not suggesting that the Mill Mountain Star cannot be treed to express the official policy of Council, for example: there is no reeson why the star could not be turned red, white and blue for a patriotic occasion. Following further discussion of the matter. Resolution No. 33887- 061598 wes adopted by the following vote: AYES: Council Members Trout, White, Parrott, Swain and Mayor Bowers ... 5. NAYS: Vice-Mayor Wyatt (Council Member Harris was absent.) REPORTS OF COMMITTEES: BUDGET-WATER RESOURCES: Council Member John H. Parrott, Chairperson, Bid Committae, presented a writtan report on behalf of the Committee, in connection with bids received by the City for exterior and interior potable watar tank painting at Grandin Court Tanks I and 2 and the Carroll Avenue Tank; whereupon, he 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 Attorney, with J & W Sandblasting of North Carolina, Inc., in the amount of $161,000.00, said work shall commence on July t3, 1998, and be completad in September, 1998, with work to be done in accordance with the contract documents aa prepared by the City Engi .nesr's Office; Transfer $100,000.00 from Water Depacb~ent Tank Painting, Account No. 002-056-2178-9028, and appropriata $92,000.00 from Retained Eaming$ to a capital account, "Water Tank Painting"; and Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. 576 ACTION: ACTION: (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#33888-06t598) AN ORDINANCE to amend and reordain certain sections of the t997-98 Wator Fund Appropriations, and providing for an emergency. (For full toxt of Ordinance, see Ordinance Book No. 60, page 611.) Mr. Parrot/moved the adoption of Ordinance No. 33888-061598. The motion wes seconded by Mr. Swein and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and N~yor Bowers 6. NAYS: None O. (Council Member Harris was abeenL) Mr. Parrott offered the following emergency ordinance: (~33889-061598) AN ORDINANCE accepting the bid for the ex~rior and interior potable weter tank painting of Grsndin Court Tanks I and 2 and the Carroll Avenue Tank by J & W Sandblasting of North Carolina, Inc., of Newbem, North Carolina, upon certain te,,,,s 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. 60, page 612.) Mr. Parrot/moved the adoption of Ordinance No. 33889-061598. The motion was seconded by Mr. Swain and adopted by the following vote: -- AYES: Council Members Trout, Wyatt, Parrott, Swain and Mayor Bowers 5. NAYS: Non: O. 577 (Council Member Harris was absent and Council Member White was out of the Council Chamber.) 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: POLICE DEPARTMENT: Council Member Swain addmesed weekly chine reports which are published in The Roanoke Times. and advised that the circulation area of The Roanoke Times covers Botetourt County, Roanoke County, the City of Salem and the Town of Vinton; however, only crime statistics from Roanoke City ars published, which ia unfair to the City of Roanoke in that it et~rsotypes Roanoke as an area of crime. The City Manager advised that he, along with the Mayor, the Chief of Police, and the Public Information Officer met with the Publisher and Managing Editor of The Roanoke Times. at which time the matter was discussed. He stated that representatives of the newspaper were asked to explain why the newspaper chose to publish City of Roanoke crime statistics only, and had the newspeper made the same request of other jurisdictions in the Roanoke Valley. He added that newspaper representatives explained that other Roanoke Valley localities were unable to provide crime-statistics information in the format that The Roanoke Time~ had requested, to which the City inquired if it would be possible for ~ to indicate that the City of Roanoke has fully cooperated in providing this information; however, the same request has not yet been honored by other local govemmenta. Mr. Herbert advised that the newspaper indicated that this was a fair request, and the matter is on the City's agenda for further discussion with representatives of The Mayor invited a response from the Publisher of~ Times. ,,%- 578 ACTION: COMPLAINTS: Vice-Mayor Wyatt called attention to the increasing number of citizen complaints regarding weeds, and requested that the legal procedure for we. cd control be published on the City Page in ~ and RVTV Channel 3. Council Member White stressed the importance of providing a timely response to citizens when weed control violations are reported. The Mayor requested that Council be provided with a status report on the Citizens Service Center at either the July 6 or 20 Council meeting. OTHER HEARING OF CITIZENS UPON PUBUC MATI'ERS: At 4:30 p.m., the Mayor declared the meeting in recess. At 5:25 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attondance, with the exception of Council Member Harris. 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 aa 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. Parrott and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrot'(, Swain and Mayor Bowers 6. NAYS: None 0. (Council Member Harris was abeenL) OATHS OF OFFICE-COMMITTEES-TRAFFIC: The Mayor advised that there is a vacancy on the City of Roanoke Transportation Safety Commission created by the death of Harold S. Zimmerman, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Billie Abehirs. There being no further nominations, Mr. Abshire was appointed as a member of the City of Roanoke Trsnsporlation Safety Commission, for a term ending October 31, 2000, by the following vote: 579 ACTION: ACTION: ACTION: FOR MR. ABSHIRE: Council Membere Trout, White, Wyatt, Parrott, Swain and Mayor Boware 6. (Council Member Harris was abeenL) OATHS OF OFFICE-COMMII-FEES-FIRE DEPARTMENT: The Mayor advised that the term of office of Harry F. Collins, Sr., as a member of the Board of Fire Appeals will expire on June 30, 1998, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Harry F. Collins, Sr. There being no further nominations, Mr. Collins was reappointed as a member of the Board of Fire Appeals, for a term ending June 30, 2002, by the following vote: FOR MR. COLLINS: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers.. 6, (Council Member Harris was absent.) OATHS OF OFFICEq~OMMITTEES-PENSIONS: The Mayor advised that the terms of office of Earnest C. Wilson, Sr., and E. Douglas Chittum as members of the Board of Trustees, City of Roanoke Pension Plan, will expire on June 30, 1998, and called for nominations to fill the vacancies. Mr. Swain placed in nomination the names of Eamest C. Wilson, Sr., and E. Douglas Chittum. There being no further nominations, Mr. Wilson and Mr. Chit~m were reappointed as members of the Board ;of Trustees, City of Roanoke Pension Plan, for terms ending June 30, 2000 and June 30, 2002, respectively, by the following vote: FOR MR. WiLSON AND MR. CHITTUM: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers 6. (Council Member Harris was absent.) 580 ACTION: ACTION: COMMITTEES-FLOOD REDUCTION/CONTROL: The Mayor advised that the terms of o.?.ce of E. L. Noell, Willard N. _C!aytor, Lucian Y. Grove, Kathy S. H,II, Harold L. Shaffer, Dennis T,nsisy, Edgar V. Wheeler and Read A. Lunsford as rnemben of the Flood Plain Committee will expire on June 30, 1998, and called for nominations to fill the vacancies. Mr. Swain placed in nomination the names of E. L. Noell, Wilisrd N. Clay,or, Lucian Y. Grove, Kathy S. Hill, Harold L. Shaffer, Dennis Tinsisy, Edgar V. Wheeler and Read A. Lunsford. There being .no further nominations, Mr. Noell, Mr. Claytor, Mr. Grove, Ms. Hdl, Mr. Shaffer, Mr. Tineley, Mr. Wheeler and Mr. Lunsford were reappointed as memben of the Flood Plain Committee, for terms ending June 30, 1999, by the following vote: FOR MR. NOELL, MR. CLAYTOR, MR. GROVE, MS. HILL, MR. SHAFFER, MR. TINSLEY, MR. WHEELER AND MR. LUNSFORD: Council Members Trout, White, ~Nyatt, Parrott, Swain and Mayor Bowem 6. (Council Member Harris was absenL) OATHS OF OFFICE-COMMITTEES-CULTURAL SERVICES COMMITTEE: The Mayor advised that the terms of offic.e of Beverly A. James, Frances L. Keen, George A. Kegley and Will,am L. Lee as members of the Cultural Services Committee will expire on June 30, t998, and called for nominations to fill the vacancies. Mr. Swain placed in nomination the n.a..mes of Beverly A. James, Frances L. Keen, George A. Kegley and Will,am L. Lee. Then being no further nominations, Ms. James, Ms. Keen, Mr. Kegley and Mr. Lee were reappo,nted as members of the Cultural Services Committee, for terms ending June 30, 1999, by the following vote: FOR MS. JAMES, MS. KEEN, MR. KEGLEY AND MR. LEE: Council Memben Trout, White, Wyatt, Parrott, Swain and Mayor Bowers----6. (Council Member Harris was absent.) 581 ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-PARKS AND RECREATION: The Mayor advised that the tarme of office of Betty Field, Eddie Wallace, Jr., Ralph K. Smith, Jordan B. Peck, III, Cad H. Kopitzke, Mary E. Kepley and Barry L. Thomas as members of the Mill Mountain Advisory Committee will expire on June 30, 1998, and called for nominations to fill the vacancies. Mr. Swain placed in nomination the names of Betty Field, Eddie Wallace, Jr., Ralph K. Smith, Jordan B. Peck, III, Carl H. Kopitzke, Mary E. Kepley and Berry L. Thomas. There being no further nominations, Me. Field, Mr. Wallace, Mr. Smith, Mr. Peck, Mr. Kopitzke, Ma. Keplay and Mr. Thomas were reappointed aa members of the Mill Mountain Advisory Committee, for terms ending June 30, 1999, by the following vote: FOR MS. FIELD, MR. WALLACE, MR. SMITH, MR. PECK, MR. KOPI'I-ZKE, MS. KEPLEY AND MR. THOMAS: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers $. (Council Member Harris was absent.) OATHS OF OFFICE-COMMITTE.ES-CITY EMPLOYEES- PERSONNEL DEPARTMENT: The Mayor advised that the term of office of Stephen L. Jamlaon as a member of the Personnel and Employment Practices Commission will expire on June 30, 1998, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Stephen L. Jamison. There being no further nominations, Mr. Jamison wes resppointmJ as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2001, by the following vote: FOR MR. JAMISON: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers 6. (Council Member Harris was absenL) 582 ACTION: ACTION: OATHS OF OFFICE-COMMITrEES-ROANOKE ARTS COMMISSION: The Mayor advi..s~, that the terms of office of R. Matthew Kennell, Ann D. Ma.stere, Sherlm S. Doherty a. nd Ev.a Darcel Walters as members of the Roanoke Arts Commission w~ll exp,re on June 30, 1998, and called for nominations to fill the vacancies. Mr. Swain placed in nomination the names of R. Ma['.:,~w Kennell, Ann D. Msstore, Sberlle S. Doherty and Eva Darcel Walters. There being no further nominations, Mr. Kennell, Ms. Masters, Ma. Doherty and Me. Walters were reappointed aa members of the Roanoke Arts Commission, for terms ending June 30, 2001, by the following vote: FOR MR. KENNELL, MS. MASTERS, MS. DOHERTY AND MS. WALTERS: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers 6. (Council Member Harris was abeenL) OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Mayor advised that the terms of office of Brenda L. McDaniel and B. Gayle Graves as members of the Roanoke Public Library Board will expire on June 30, 1998, and called for nominations to fill the vacancies. Mr. Swain placed in nomination the names of Brenda L. McDaniel and B. Gayle Graves. There being no further nominations, Ms. McDaniel a.n.d Ms. Graves were reappointed aa members of the Roanoke Pubhc Library Board, for terms ending June 30, 2001, by the following vote: FOR MS. MCDANIEL AND MS. GRAVES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers {;. (Council Member Harris was absent.) OATHS OF OFFICE-COMMITTEES-CONVENTION AND VISITORS BUREAU: The Mayor advised that the terms of office of Sunny Shah and James O. Trout as City Representatives to the Roanoke Valley Convention & Visitors Bureau, Board of Directors, will expire on June 30, 1998, and called for nominations to fill the vacancies. ACTION: ACTION: Mr. Swain placed in nominst]on the name of Sunny Shah and James O. Trout. There being no further nominations, Mr. Shah and Mr. Trout were reappointed es City Representatives to the Roanoke Valley Convention & Vleitors Bureau, Board of Directors, for terms ending June 30, 1999, by the following vote: FOR MR. SHAH AND MR. TROUT: Council Memhere Trout, White, Wyatt, Parrott, Swain and Mayor Bowers 6. (Council Member Harris was absent.) COMMITTEES-WAR MEMORIAL: The Mayor advised that the terms of office of Robert O. Gray, W. Robert Herbert, Sloan H. Hoopae, Daniel E. Kamns and Alfred C. Moore as membere of the War Memorial Committee will expire on June 30, t998, and called for nominations to fill the vacancies. Mr. Swain placed in nomination the names of Robert O. Gray, W. Robert Herbert, Sloan H. Hoopes, Daniel E. Kamas and Alfred C. Moore° There being no further nominations, Mr. Gray, Mr. Herbert, Mr. Hoopas, Mr. Kamas and Mr. Moore were reappointed as members of the War Memorial Committee, for terms ending June 30, 1999, by the following vote: FOR MR. GRAY, MR. HERBERT, MR. HOOPES, MR. KARNES AND MR. MOORE: Council Membere Trout, White, Wyatt, Parrott, Swain and Mayor Bowers 6. (Council Member Harris was absent.) At 5:30 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Monday, June 15, t998, 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, Mayor Bowers presiding. 583 584 PRESENT: Council Members James O. Trout, I/~Fdliam White, Sr., Linde F. Wyatt, John H. Parrott, Carroll E. Swain and Mayor David A. Bowers 6. ABSENT: Council Member C. Nelson Harris 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilbum C. Dibling, Jr., City Attorney; James D. Grieso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PUBLIC HEARINGS: 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 15, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Shrinath Enterprises, L. L. C., that a 2.378 acre tract of land located at 1927 Franklin Road, S. W., between Wiley Drive and Brandon Avenue, identified as Official Tax No. 1040302, 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 on Thursday, May 28, 1998 and Thursday, June 4, 1998, and in The Roanoke Tribune on Thursday, June 4, 1998. (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 make zoning consistent with the existing use of the land for a restaurant and motel, was before Council. development of the property and other properdes on thie side of Franklin Road is commercial; and although there are industrially developed properdes in the vicinity, it is reasonable that this property be zoned commercial. (For full text, see report on file in the City Clerk's Office.) Charles H. Osterhoudt, Attomey, mprssenting the petitioner, appeared before Council in eupport of the request of hie client. ACTION: Mr. Trout moved that the following ordinance be placed upon first reading: (~t33890) AN ORDINANCE to amend ~36.1-3, Cede of the City of Roanoke (1979), as amended, and Sheet No. t04, 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. 6t, page 1.) Th~ motion was seconded by Mr. White. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 33890 was adopted, on its first reading, by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowera 6. NAYS: None 0. (Council Member Harris was absenL) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, t98t, the City Clerk having adverdaed · public hearing for Monday, June 15, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of CHS, Inc., that four lots located at 1702 Hamilton Terrace, S. E., identified as Official Tax Nos. 4040822~,040825, inclusive, be rezoned from RM-1, 586 ACTION: Residential Multifamily District, Low Density District, to C-2, General Commercial District; and a portion of an additional lot identified as Official Tax No. 4040833, located on Belleview Avenue, S. E., be rezoned from RM-t, Residential Multifamily District, Low Density District, to C-2, General Commercial District, the remaining portion is already zoned C-2, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in ~ on Thursday, May 28, 1998 and Thursday, June 4, 1998, and in The Roanoke Tribup= on Thursday, June 4, t998. (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 develop a perking lot for hospital purposes, was before Council. The City Planning Commission recommended that Council approve the request, and advised that the proposed development and land use of the property is reasonable and consistent with existing land uses in the area; and the City Planning Commission requested that the petitioner continue to work with City development staff to determine the best possible methods of managing storm water runoff on the property. (For full text, see report on file in the City Clerk's Office.) Robert B. Manetta, representing the petitioner, appeared before Council in support of the request of hie client. Mr. Trout moved that the following ordinance be placed upon its first reading: (#33891) AN ORDINANCE to amend §36.1-3, Co.de of the City of Roanoke (1979), as amended, and Sheet No. 404, Sectional 1976 Zone Map, City of Roanoke, .to rezone certain property within the City, subject to ' certs,n conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 61, page 2.) 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. Theirs being none, Ordinance No. 33891 wes edopt~l, on its first reading, by the following vote: AYES: Council Mambere Trout, White, Wyatt, Parrott, Swain and Mayor Bowere 6. NAYS: Nono 0. (Council Member Harris was absent.) ZONING: Pureuant to Rssolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 15, 1998, at*7:00 p.m., or as soon thereafter es the matter may be heard, on the request of the City Planning Commission that tl parcels of land in the northesst quadrant of the City, fronting on Ridgefield Street end Mississippi Avenue, N. E., identified as Official Tax Nos. 3130304-3130308, inclusive, 3130313- 3130315, inclusive, end 3130505-3130507, inclusive, be rezoned from HM, Heavy Manufacturing District, to RM-t, Residential Multifamily District, Low Density District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal adverdesment of the public hearing wes published in The Roanoke Times on May 28, 1998 and Thursday, June 4, 1998, and in The Roanoke Tribul~ on Thureday, June 4, 1998. (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 further the intent and purpose of the City's zoning regulations and its comprehensive plan and to promote general welfare and good zoning practices by (1) making existing use of the subject properties consistent with the proper zoning category, (2) ensuring that the subject properties will be used in the future in a manner that will not negatively impact adjoining properties and (3) facilitating preservation of neighborhood character, wes before Council. 587 588 ACTION: The City Planning Commission recommended that Council approve the request for mzoning, and advised that the rezoning would place parcels in the subject area info a zone consistent with their intended and original use, neighborhood character and environmental quality would be protected, and neighborhood quality would be conserved and enhanced. (For full text, ass report on file in the City Clerk's Office.) Evelyn S. Lander, Agent, City Planning Commission, appeared before Council in support of the request. Mr. Trout moved that the following ordinance be placed upon its first reading: (#33892) AN ORDINANCE fo amend §36.1-3, Code of the City of Roanoke (t979), as amended, and Sheet No. 3t3, Sectional 1976 Zone Map, City of Roanoke, fo rezone certain property within the City. (For full text of Ordinance, sss Ordinance Book No. 61, page 3.) The motion was seconded by Mr. Swain. The Mayor inquired if there ware persop, s present who would like to address Council with regard fo the request for rezoning; whereupon, Ms. Pat Toney, 2222 Russell Avenue, S. W., appeared before Council in support of the request. Ordinance No. 33892 was adopted, on its first reading, by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers. 6. NAYS: None 0. (Council Member Harris was absent.) REPORTS OF COMMITTEES: :1 589 CITY GOVERNMENT-BOUNDARY LINE ADJUSTMENTS: The City Planning Commission submitted a written report advising that the City Manager received a written request from legal counsel representing certain property owners on July 14, 1995, requesting the City to relocate and adjust its corporate boundary at a specific location in the north®est section of the City; and Council adopted Ordinance No. 32891-050696, authorizing the Mayor to execute an agreement with Roanoke County to effect the proposed boundary line change. It was further advised that property located at 3605 Preaknees Court (Lot 1) was one of the lots affected by the proposed change; in the lapse of time between Council's approval and the requesting per'des efforts to get the matter before the Roanoke County Board of Supervisors, the property was sold; while the original owner of Lot 1 had no objection to the boundary change, the new owner of 3605 Preakness Court (Lot 1) s~ongly objected to the location of the boundary being proposed at that time; and the attorney for the requestors subsequently dropped the matter. It was explained that Kenneth H. Thomas and Kathy B. Kemp, owners of two of the affected properties (Lots 6 and 7), have requested that the City revise the proposed location of the boundary line adjustment in a manner that will allow the City/County agreement to move forward and the boundary line adjustment to be legally effected; and Roanoke County has been advised of this latest revision and has since advised City staff that it has no objection to the revised boundary location. The City Planning Commission recommended that Council approve the following actions: Repeal Ordinance No. 32891-050696 and adopt a new ordinance to provide for an adjustment of the City's corporate boundary line; Authorize the City Manager to take or cause to be taken, such actions as may be necessary to effect and prepare an official survey of said recommended boundary adjustments, at no coat to the City; 590 ACTION: 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 in accordance with the boundaries described and set forth in said official survey, such agreement to be approved as to form by the City Attorney; Authorize the City Attorney to participate in appropriate legal proceedings and to execute such pleadings and orders or decrees on behalf of the City which are approved as to form by him, upon the execution of said agreement, in accordance with the requirements of Section 15.2-3106, et. seq., of th6 Code of Virginia (1950), as amended; and Authorize the City Clerk to cause the description of such boundary line, as agreed upon, to be duly published as required by Section 15.2-3107 of the Code of Virginia (1950), as amended, at no cost to the City. (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: · . ( .~3.3~_ 93) AN ORDINANCE repel, ling Ordinance No. 32891-050696, aoopze, may 6, 1996, and authorizing the Mayor to execute an Agreement between the County of Roanoke and the City of Roanoke relating to the boundary line between said governmental entities, and authorizing certain other actions relating to such boundary line adjustment. (For full text of Ordinance, see Ordinance Book No. 60, page 5.) The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers, 6. NAYS: None- (Council Member Harris was absenL) 591 OTHER HEARING OF CITIZENS: None. Them being no further business, the Mayor declared the meeting adjourned at 7:25 p. m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor