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HomeMy WebLinkAboutCouncil Actions 01-23-89REGULAR }~EKLY SESSION ...... ROANOKE CITY COUNCIL January 23, 1989 2:00 p.m. AGENDA FOR THE COUNCIL 29433 {Bowles) Call to Order -- Roll Call. All present. The invocation will be delivered by The Reverend Mrs. Pauline Haskins, Associate Pastor, Staunton Avenue Church of God in Christ. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. C-1 C-2 C-3 CONSENT AGENDA IApproved 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A con~nunication from Mr. William W. Field, Jr., tendering his resignation as a member of the Roanoke Neighborhood Partnership Steering Committee, effective January 12, 1989. RECOMMENDED ACTION: Receive and file the communication and accept the resignation with regret. A report of the City Attorney requesting an Executive Session to discuss a matter of pending litigation, pursuant to Section 2.1-344 (a) (7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss a matter of pending litigation, pursuant to Section 2.1-344 (a) (7), Code of Virginia (1950), as amended. Qualification of Mr. George A. McLean, Jr., as a member of the Roanoke Neighborhood Partnership Steering Congnittee for a term of three years, ending November 11, 1992. RECOMMENDED ACTION: Receive and file. *Request of Council Member Pavrd A. Bowers for an Executive Session to discuss a personnel matter, pursuant'to Sectioii 2.'I-344 la) 11), Code of Virginza (79501, as amended. (I) *Request of the City Manager. W. Robert Herbert, for an Executive Session to discuss prospective business or industra where no pr evious announ'cement ~as been made. ~ REGULAR AGENDA Hearing of Citizens Upon Public Matters: Presentation with regard to an overview of the Roanoke Auxiliary Police Force. Mr. James L. Phillips, Captain, Spokesman· Received and filed. Peiitions and Communications: None· Reports of Officers: a. City Manager: .Bri ef in,qfs: 1. A report with Action Plan. Items Recorr~ended regard to the City of Roanoke Affirmative Received and filed. for Action: 2. A report recommending execution of an agreement with the Norfolk Southern Railway for right-of-entry onto Norfolk Southern property in connection with replace- ment of the Read Road Bridge. Adopted Ordinance No. 29433. (6-0, Mr. Trout abstained from voting.) 3. A report recorrgnending authorization for the American Red Cross, Roanoke Valley Chapter, to display flags in the central business district from March I through March 15, 1989, in recognition of Red Cross Month. Adopted Ordinance No. 29434 on first reading. (7-0) 4. A report recommending execution of a City-State Agreement with regard to allocation of recreational access funds for Vinyard Park. Adopted Ordinance No. 29435. {7-0) City Clerk: I. A report advising of the expiration of the three year terms of Messrs. Edwin R. Feinour and Donald Bartol, as School Board Trustees on June 30, 1989, and further advising that applications for the upcoming vacancies will be received in the City Clerk's Office until 5:00 p.m., on Friday, March 10, 1989. Received and f~led. Reports of Committees: None. Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: None. (2) 9. Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. Other Iiearings of Citizens: Adopted Resolution No. 29436, changing the time of the regular meeting of Council on Monday, February 6 1989, from 2:00 p.m. to 7:30 p.m. 17-0) ' ' Reappointed Mr. Gordon H. Shapiro to the Court Community Corrections Policy Board. 10. Mr. Edmond ^. Damus, 1920 Deyerle Road, S. W., appeared before Council and stated that the Roanoke City School System should provide~ more in-depth study in the courses of history and geograpi~y. Adopted Resolution No. 29437, appointed Mayor Noel C. Taylor and Vice-Mayor Beverly T. Fitzpatrick, Jr., as the City's represen- tatives to governmental reorganization discussions. (7-0) (3) Office of the City Cie~ January 25, 1989 File #488-15 Mr. William W. Field, Jr. 3161Stoneridge Road, S. W. Roanoke, Virginia 24014 Dear Mr. Field: Your communication tendering your resignation as a meraber of the Roanoke Neighborhood Partnership Steering Committee, was before the Council of the City of Roanoke at a regular meeting held on iqonday, January 23, 1989. On motion, duly seconded and unanimously adopted, the com- munication was received and filed and the resignation was accepted with regret. The Council .equested that I express its sincere appreciation for the many services you have rendered to the City of Roanoke as a member of the Steering Corr~,ittee. Please find enclosed a Certificate of Appreciation issued by the Mayor on behalf of the Members of City Council. Sincerely, ~ Mary F. Parker, CMC City Clerk ~iFP:ra Enc. pc: Mr. William J. Rand, III, Chairman, Roanoke Neighborhood Partnership Steering Corr~ittee, 3571 Mudlick Road, S. W., Roanoke, Virginia 2401~ Mr. John R. llarlles, Acting Neighborhood Partnership Coordinator Room 456 Municipal Building 215 C~urch Avenue, SW Roanc~e Vlrg~nia 240'~ 1 (703) 98~-254'~ WILBURN C. DIBLING, JR. CITY OF ROANOI OFFICE OF THE CITY ATTORNEY 4~ uun~c~,,u. ~u,[o,,~ '89 ROANOKE, VIRGINIA 24011-1595 703-981-2431 January 23, 1989 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request an Executive Session of City Council to discuss a ~tter of pending litigation pursuant to $2.1- 344(a)(7), Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, City Attorney WCDJr:fcf cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk Office of the Council January 23, 1989 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. ~owles and Gentlemen: I wish to request an Executive Session on Monday, January 23, 1989, to discuss a personnel matter, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. DAB: se Sincere ly, David A. Bowers Council Member Room 456 Municipol Building 215 (~urch Avenue, S.W. Roclnoke, Virginia 240t I (703) 981-2541 Roanoke, Virginia January 23, 1989 WRH/ga HOnorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: I Wish to request an EXecutive Session to discuss a prospective business or industry where no previous announcement has been made, pursuant to Section 2.1-344(a)(4) of the Code of Virginia (1950), as amended. Respectfully submitted, W. Robert Herbert City Manager January 5, 1989 Ms. Mary Parker City Clerk Room 456-Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Dear Ms. Parker: I am writing this letter on request of Vice Mayor Fitzpatrick to advise the Council of the City of Roanoke that I would request time on the agenda January 23rd. I trust that this meets with Council's approval. Thank you for your time in this matter and if there are any questions, please feel free to call me. Very trulv yours, / · ' 'p , Captain / Commanding JLP/rr January 23, 1989 Honorable Mayor and ,City Council Roanoke, Virgin~rv !~.£~'~ ?i! Dear Members of Council Subject: Briefing, City ~ 'R6anoke Affirmative Action Program I. Background Affirmative Action Plan Provides for annual briefing to Council on the status of Equal Employment/Affirmative Action. Revised Affirmative Action Plan adopted by City Council October 15, 1984. City Council was last briefed on July 1987. 27, Short Range Goals as established by Affirmative Action Plan are continuing to be met and necessary revisions are being studied for future implementation. 1. Minority and non-minority colleges and universities within a three hundred mile radius of Roanoke were visited during FY 1987-88 including participation in several job fairs sponsored by the various colleges and universities. 2. City Jobs Hot Line continues to be an effective tool in its service to potential applicants. 3. Jobs Hot Line Cards for applicants and the general public are now available in Personnel Management with the printed Hot-Line Number. 4. Personnel Management Staff attended the charter meeting to establish a branch of the National Association of Public Sector Equal Opportunity Officers in Newport News, Virginia. 5. Charter Was Granted at the fifth annual conference October 19, 1988 in Norfolk, Virginia. 6. Personnel Management Staff are members of the Virginia Branch of the National Association of Public Sector Equal Opportunity Officers. 7. Networkinq with other local governments continues to assist Personnel Management in attracting and placing minority candidates. 8. Minority/Female Resume Talent Bank continues to provide quality candidates for referrals. 9. Personnel Management Staff provides resource data to the City High School Business Curriculum and serves on their advisory board which includes Jobs for Virginia Graduates and Business Education Advisory Council. Historical Data on City workforce composition shows that the percentage of minority workers to the total employment has remained consistent with last year's report. (Attachment A) Honorable Mayor and City Council Roanoke, Virginia II. Current Situation Long Range On-Going Goals established by Affirmative Action Plan were met during FY 1987-88. Annual Workforce Analysis of all EEO job categories reflects that the City continues to maintain a total workforce composition for minorities equal or better than the percent available workforce in the Roanoke standard metropolitan statistical area. (SMSA) (Attachment B and C) Department Utilization Analysis has been completed for each department, meetings will be conducted with each department manager to discuss his/her results. Training tailored to specific needs will be incorporated to provide upward mobility for employees having the potential for advancement. Additional training will be given on developing sound human relations skills. Internships are available to potential professional and managerial minorities and non-minorities, rising college seniors and graduates interested in a career or experience in local government to develop a pool of candidates for areas of underutilization. FY 1987-88 Hiring Analysis of the City of Roanoke workforce in all EEO categories indicates that 26.60 % of new hires were minorities and 54.6 % were females. New Hires thru June 30, White Males 70 White Females 90 Minority Males 29 Minority Females 29 1988 for regular employment: 32.11% 41.29% 13.30% 13.30% Total 218 Promotions totaled 9~3 during fiscal year 1987-88; 20.43% were minorities. Percentage of promotion for minorities compared to FY 1986-87 declined by less than 1%. OO Promotions thru June 30, 1988, all categories: White Males 57 61.29% White Females 17 18.28% Minority Males 16 17.20% Minority Females 3 3.23% Total 93 Temporary Extra Help employment provides summer help for college students and the general public to meet peak work loads and seasonal work. Honorable Mayor and City Council Roanoke, Virginia Temporary/Extra Help Hirees: White Males 82 25.08% White Females 69 21.10% Minority Males 135 41.28% Minority Females 40 12.23% Others 1 .31% Total 327 Contact is Continuing to be Made with career placement officers, through networking with other local governments, minority churches, ministerial groups and the general public. III. Conclusion Affirmative Action continues to be an excellent tool in providing the City organization with a plan for a balanced workforce without regard to race, color, national origin or handicap. Through the City's training and recruitment efforts, we hope to build a larger pool of qualified minority, female and handicapped candidates for all levels of employment. Respectfully submitted, W. Robert Herbert, City Manager WRH:jb Briefing, City of Roanoke Affirmaive Action Program November 21, 1988 Attachment A CITY EMPLOYMENT FISCAL YEAR 1975/76 1976/77 1977/78 1978/79 1979/80 1980/81 1981/82 1982/83 1983/84 1984/85 1985/86 1986/87 1987/88 PERCENT MINORITY 19 5 19 6 20 3 22 3 23 9 22 2 22.4 22.0 22.9 23.1 23.9 24.5 24.2 PERCENT MAJORITY 80.5 80.4 79.7 77.7 76.1 77.8 77.6 78.0 77.1 76.9 76.1 75.5 75.8 Briefing, City of Roanoke Affirmative Action Program November 21, 1988 Attachment B CITY OF ROANOKE WORKFORCE ANALYSIS BY OCCUPATIONAL CATEGORY JUNE 30, 1988 OCCUPATIONAL CATEGORY Official/Managers Professionals Technicians Protective Service Paraprofessional Clerical Skilled Craft Service Maintenance WHITE MINORITY WHITE MINORITY TOTAL MALE MALE FEMALE FEMALE 37 30 2 4 1 267 102 17 116 32 238 171 16 41 10 456 378 45 24 9 60 20 9 16 15 224 7 1 168 48 146 124 20 1 1 420 168 202 30 20 City Employment City Employment Percentage 1,848 1,000 312 400 136 100% 54.1% 16.9% 21.6% 7.4% Available Workforce Percentage based on SMSA 100% 51% 5% 39% 5% Briefing, City of Roanoke Affirmative Action Program January 3, 1989 Attachment C Page 1 of 9 CITY OF ROANOKE WORKFORCE ANALYSIS 1 O0 90 80 70 60 50 4-0. 30. 20 10 0 ALL OCCUPATIONAL CATEGORIES Wf M W/F B//M B/F O/M Race/Sex Category · CITY PERCENTAGE [] SMSA PERCENTACE ¥ O/'F W/F B/M B/F O/M O/F Note: City/ City Available Available City Employment Workforce Workforce Employment Percentage Percentage Comparison Ratio I. II, III. II./III. 1,g~g 54.1~ 5~.8~ 1.~6 4fig 21.8ff 38.6ff ff.56 299 16.2ff 4.9ff 3.31 135 7.3ff 4.8ff 1.52 13 g.5~ ff.5ff 1.fig I fi.lq g.4~ ff.25 Data excludes vacant positions. Percentages are rounded to l~ff%. Available workforce reflects 198~ data for Metropolitan Statistical Area (SMSA). total the Roanoke Standard Briefing, City of Roanoke Affirmative Action Program January 3, 1989 CITY OF ROANOKE WORKFORCE ANALYSIS Attachment C Page 2 of 9 OFFICIAL/ADMINISTRATIVE 9O 80 7O 60 50 40 30 20. 10- O- W/M W/F BfM B/F Of M Race/Sex Category · CITY PERCENTAGE [] C~,MSA PERCENTAGE O/F W/M W/F B/M B/F O/M O/F Note: City Employment I. 4 2 1 g City Employment Percentage II. 81 lg lg 8g 5 4g 2 ?g City/ Available Available Workforce Workforce Percentage Comparison Ratio III. 72 6g 23 6g 2 2g i gg g lg 11./III. 1.12 g.46 2.45 g.gg Data excludes vacant positions. Percentages are lmm%. Available workforce reflects 198~ data for Metropolitan Statistical Area (SMSA). rounded to total the Roanoke Standard Briefing, City of Roanoke Affirmative Action Program January 3, 1989 CITY OF ROANOKE WORKFORCE ANALYSIS Attachment C Page 3 of 9 lO0 90 8O 70 60 50. 4-0 30. 20- 10. 0 PROFESSIONAL W/M W/F B/M Race/Sex · CITY PERCENTAGE B/F O/M Category C ~ [] SMSA PER_,ENTA(JE O/F W/M W/F B/M B/F O/M O/F Note: City/ Available Available City City Workforce Workforce Employment Percentage Percentage Comparison Ratio I. II. III. II./IlI. 102 38.20 48.60 0.79 116 43.40 44.70 0.97 13 4.90 2.00 2.45 32 12.00 3.60 3.33 4 1.50 0.60 2.50 0 0.00 0.50 0.00 Data excludes vacant positions. Percentages are 100%. Available workforce reflects 1980 data for Metropolitan Statistical Area (SMSA). rounded to total the Roanoke Standard Briefing, City of Roanoke Affirmative Action Program January 3, 1989 CITY OF ROANOKE WORKFORCE ANALYSIS Attachment C Page 4 of 9 100 90 80 70 60 50 40 30- 20. 10 0 W//M TECHNICAL W/F B/M Race/Sex · CI~ PERCENTAGE B/F O/M Category F~ SMSA PERCENTAGE 0/F W/M W/F B/M B/F O/M O/F Note: City Employment I. 171 41 15 10 1 City Percentage I. 71 90 17 2~ 6 3~ 4 2~ Available Workforce Percentage III. 61.4g 33.50 1.3~ ~.5~ City/ Available Workforce Comparison Ratio II./I[l. 1 17 ~ 51 4 85 1 4~ ~ 8~ Data excludes vacant positions. Percentages are rounded to total 1gq%. Available workforce reflects 198~ data for the Roanoke Standard. Metropolitan Statistical Area (SMSA). Briefing, City of Roanoke Affirmative Action Program January 3, 1989 CITY OF ROANOKE WORKFORCE ANALYSIS Attachment C Page 5 of 9 1 O0 90 80 70 60 50. 40 30 2O 10 0 PROTECTIVE SERVICE W/F Race/Sex · Cl¥'r' PERCEN~AOE B/"F O/M Category [] SMSA PERCENTAGE 0 ,/F W/M W/F B/M B/F O/M O/F Note: City/ Available Available City City Workforce Workforce Employment Percentage Percentage Comparison Ratio I, II. III. lI,/IIl. 378 82,9g 85.50 g.97 24 5.30 7.00 0.76 39 8.50 5.10 1.67 9 2.00 g.4g 5.00 6 1.30 1,00 1.30 g 0.00 g.gg g.gg Data excludes vacant positions. Percentages are 100%. Available workforce reflects 1980 data for Metropolitan Statistical Area (SMSA). rounded to total the Roanoke Standard Briefing, City of Roanoke Affirmative Action Program January 3, 1989 CITY OF ROANOKE WORKFORCE ANALYSIS Attachment C Page 6 of 9 ~ O0 90 ,SO 70 60 ~0 :0 PARA- PROFESSIONAL W/F B/'M B/F Race/Sex Category · (LIT'"' PERCENTAOE ~ SMSA PEN(ENT~QE 0 / F W/M W/F B/M B/F O/M O/F Note: City Employment I. 16 9 15 City Percen~ age II. 33 3~ 26 7~ 15 ~ 25 ffff Available Workforce Percentage III. 9 lff 65 17 ~ 5~ 1 lq City/ Available Workforce Comparison Ratio II./III. 3.66 ~.41 2.5~ 1,4ff Data excludes vacant positions. Percentages are rounded to total 1~%. Available workforce reflects 198ff data for the Roanoke Standard Metropolitan Statistical Area (SMSA). Briefing, City of Roanoke Affirmative Action Program January 3, 1989 CITY OF ROANOKE WORKFORCE ANALYSIS Attachment C Page 7 of 9 OFFICE/CLERICAL 70 60 5O 40- 5O 20 10 0 W/'M W/F B,,' M Race/Sex · CIT/ PERCENTAGE B,/F O/M Category F__~ SMSA PERCENTAGE W/M W/F B/M B/F O/M O/F Note: City/ Available Available City City Workforce Workforce Employment Percentage Percentage Comparison Ratio I. II. III. II./III. 7 3.1g 24.9g ff.12 168 75.g~ 67.3g 1.11 1 ~.5~ 2.1~ ~.24 47 21.gff 5.2ff 4.~4 1 0.4g g.4g 1.gg Data excludes vacant positions. Percentages are rounded to total 1~%. Available workforce reflects 198g data for the Roanoke Standard Metropolitan Statistical Area (SMSA). Briefing, City of Roanoke Affirmative Action Program January 3, 1989 CITY OF ROANOKE WORKFORCE ANALYSIS Attachment C Page 8 of 9 i00 -- 9(} 7(} 6O 50. 40. 50 20. 10 0 SKILLED ('RAFT W/F Race/Sex · CITY PERCENTAGE B/"F O/M Category ~_~ SMSA PERCENTAGE O/F W/M W/F B/M B/F O/M O/F Note: City Employment 124 1 2g 1 City Percentage 84 9g g 7g 13 7g 0 7g g gg City/ Available Available Workforce Workforce Percentage Comparison Ratio III. 87 5g 5 2g 6 lg g 5g g lg II./III. g.97 g.13 2,25 1.4g g.gg g.gg Data excludes vacant Positions. Percentages are rounded to total lgg%. Available workforce reflects 198g data for the Roanoke Standard Metropolitan Statistical Area (SMSA), Briefing, City of Roanoke Affirmative Action Program January 3, 1989 CITY OF ROANOKE WORKFORCE ANALYSIS Attachment C Page 9 of 9 ~00 90 8O 70 60 5O 4-0. }0 10. O- W/M SERVICE/MAINTENANCE W/F B/¥ Race/Sex · CITY PERCENTAOE B/'F O/M Category [] SMS~ PERCENTAGE W/M W/F B/M B/F O/M O/F Note: City/ Available Available City City Workforce Workforce Employment Percentage Percentage Comparison Ratio [. II. III. II,/III, 168 4g.gg 50.70 0.79 30 7.10 30.7~ 0.23 200 47.60 10.00 4.76 20 4.8~ 7.40 0.65 2 0.50 0.60 0.83 0 0.00 0.60 0.0~ Data excludes vacant positions. Percentages are 100%. Available workforce reflects 1980 data for Metropolitan Statistical Area (SMSA). rounded to total the Roanoke Standard Office of ~he C{~ C{erk January 25, 1989 File #102-174 Mr. W. Robert Herbert City ~fanager Roanoke, Virginia Dear ~{r. Herbert [ am attaching copy of Ordinance No. 29433, authorizing an agreement for right-of-entry onto Norfolk Southern Railway pro- perty in connection with the Read Road Bridge replacement, upon certain terms and conditions, which Ordinance No. 29433 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday. January 23, 1089. Sincerely, ~~ ~tary F. Parker, C~C City Clerk MFP: ra Eno. pc: Mr. Mr. Ms. William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Sarah E. Fitton, Construction Cost Technician Room 456 Municil:~l Building 215 C~urch Avenue S W Roon~,e V~rg,nia 24011 (703) 981-254'~ IN THE COUNCIL OF THE CITY OF ROANOKE, The 23rd day of January, 1989. NO. 29433. VIRGINIA, AN ORDINANCE. authorizing an agreement for right-of-entry onto Norfolk Southern Railway property in connection with the Read Road Bridge replacement, upon certain terms and conditions, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are authorized to exe- cute and attest, respectively, in form approved by the City Attorney, the appropriate right-of-entry agreement with the Norfolk Southern Railway and other such documentation as may be deemed necessary in connection with the Read Road Bridge replace- ment project, including termination of the August 23, 1951, main- tenance agreement, as more particularly set forth in report to this Council dated January 23, 1989. 2. In order to provide for the usual daily operation municipal government, an emergency is deemed to exist, and ordinance of the this shall be d~full force and effect upon its passage. ATTEST: City Clerk. Honorable Mayor and City Co~nc~i''~ l~ Roanoke, Virginia Dear Members of Council: Subject: Right-of-Entry Agreement to Enter Norfolk-Southern Property to Replace Read Road Bridge Over Railway Roanoke, Virginia January 23, 1989 I. Back~round: mo August 23~ 1951 Contract for the Read Road Bridge between Norfolk and Western Railroad and the City of Roanoke placed equal maintenance responsibilities on both parties. B. City Council awarded a contract with Lanford Brothers to replace the Read Road Bridge on November 28, 1988. II. Current Situation: Norfolk-Southern by letter dated November 5, 1987 agreed to pay five (5) percent (~33,140.05) of the cost to replace the existing bridge. Five (5) percent equates to 50 percent of the cost needed to maintain the existing structure (i.e.: new guardrail, etc.). In addition, Norfolk-Southern con- ditioned their participation on the termination of the 1951 Contract. Construction on the new bridge has been delayed pending exe- cution of a right-of-entry agreement which requires the Contractor and the City of Roanoke to indemnify Norfolk- Southern for use of their right of way. III. Issues: A. Construction B. Liability C. Maintenance IV. Alternatives: Authorize City Manager to execute necessary agreements approved by the City Attorney to terminate the August 23, 1951 Maintenance Agreement and for right of entry on railroad right of way including indemnification by the City to the Railway for project liability and to accept Norfolk-Southern's contribution toward construction of the new bridge. Page 2 WRH/JAP/mm CC: 1. Construction on the new bridge will continue in a timely manner. Liability to the City for the Read Road Bridge will be comparable to other roads and bridges throughout the City. 3. Maintenance for the bridge will be reduced due to new construction. Bo Do not authorize City Manager to execute agreements to ter- minate the August 23, 1951 Maintenance Agreement and for right of entry. 1. Construction on the new bridge will be delayed. Liability for the one lane bridge on Read Road will be held jointly by Norfolk-Southern and the City of Roanoke. 3. Maintenance responsibility will continue to increase due to age and condition of the existing bridge. V. Recommendation: Alternative A: Authorize City Manager to execute necessary agreements approved by the City Attorney to terminate the August 23, 1951 Maintenance Agreement and for right of entry on railroad right of way including indemnification by the City to the Railway for project liability and to accept Norfolk-Southern's contribu- tion toward construction of the new bridge. Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works City Engineer Construction Cost Technician C,'~ce of ~he CiW Cle~ January 25, 1989 File #67 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: [ am attaching copy of Ordinance No. 29435, authorizing an agreement with the Virginia Department of Transportation to pro- vide recreational access funds for construction of an access road to Vinyard Park, upon certain terms and conditions, and authorizing the appropriate City officials to execute the requisite contract, which Ordinance No. 29435 was adopted by the Council of the City of Roanoke at a regular meeting held on ~ionday, January 23, 1989. Mary F. Parker, CMC City Clerk MFP: ra Eric. pc: Mr. 298 Mr. Mr. Mr. Mr. Mr. Mr. Pub Mr. Mr. Elmer C. Hodge, Roanoke County Administrator, P. O. Box 00, Roanoke, Virginia 24018-0798 Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance William F. Clark, Director of Public Works John R. Marlles, Chief of Corr~unity Planning Charles M. Huffine, City Engineer George C. Snead, Jr., Director of Administration and lic Safety Jimmie B. Layman, Manager, Parks and Recreation Cline C. Hollandeworth, Manager, Grounds Maintenance Dinish Tiwari, Parks Planner Room 456 Municij:x:~l Building 215 C~urch Avenue SW R4x~noke V~rgtnia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, lhe 23rd day of January, 1989. No. 29435. AN ORDINANCE authorizing an agreement with the Virginia Department of Transportation to provide recreational access funds for construction of an accesM road to Vinyard Park, upon certain terms and conditions; authorizing the appropriate City officials to execute the requisite contract; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City ~anager or Assistant City Manager and the City Clerk are authorized to execute and attest, respectively, an agreement with the Virginia Department of Transportation to pro- vide recreational access funds for construction of an access road to Vlnyard Park. Such agreement shall be approved as to form by the City Attorney and shall contain terms and conditions as substantially set forth in the agreement attached to the City ~anager's report to Council dated January 23, 1989. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. Attest: City Clerk. Honorable Mayor and City Council Roanoke, Virginia Dear Mayor and Members of Council: Roanoke, Virginia January 23, 1989 SUBJECT: CITY-STATE AGREEMENT RECREATIONAL ACCESS FUNDS FOR VINYARD PARK I. Back~round: Vinyard Park, located in northeast Roanoke City, is owned and is to be developed by the County of Roanoke as a public recreation facility of the County. The County's long-range plan for the development of this park includes soccer and baseball fields; tennis, basketball and volleyball courts; parking; and a new access road. B. A new access road from a City street (Berkley Road) is proposed by the County to provide adequate ingress and egress for the subject park. Gu Recreational Access Fund Prosram of the Commonwealth of Virginia pro- vides 100% construction cost of the approved access roads to publicly- owned recreational areas under certain terms and conditions. County of Roanoke requested the City of Roanoke's assistance in securing the Recreational Access Funds. The request must be made by the City of Roanoke since the majority of this park lies within the City and access would be to a City street. Roanoke City Council, at its meeting on July 25, 1988, adopted Resolution No. 29233 requesting State Recreational Access Funds for a new access road to Vinyard Park. Council also authorized, by Ordinance No. 29232, an agreement with the County to provide for such construction. These actions enabled the allocation of ~26~000 by the Commonwealth Transportation Board for park access. II. Current Situation: A. City must execute the attached City-State Agreement. Responsibilities that the City agrees to in this City-State Agreement have been made the responsibility of the County of Roanoke by virtue of the City's agreement with the County (attached) as authorized by City Council, and further have been acknowledged in a letter (also attached) dated January 10, 1989, from Mr. Elmer C. Hodge, County Administrator. City-State A~reement provides that construction of the project shall be contingent upon Phase I of the park's development by the County either (a) being completed and in operation, or (b) adequate assurance provided that such will occur at the approximate time of the comple- tion of this access facility. (Phase I to consist, as a minimum, of three soccer fields, a 70-space parking area, and related support facilities estimated to cost approximately ~137,000.) In the event such development of this park's recreational facilities is not assured by the County prior to June 16, 1990, this agreement shall become null and void. The State has advised the County of this time limit. III. Issues: A. Assistance to County of Roanoke B. Fundin$ C. Timin$ IV. Alternatives: City Council authorize the City Manager, in a form acceptable to the City Attorney, to execute the City-State Agreement on behalf of the City. Assistance to the County of Roanoke will be provided by the City, thus facilitating the development of Vinyard Park for use by both City and County residents. Fundin$ for the access road in the amount of $26~000 will be pro- vided by the State. Any cost overruns will be the responsibility of the County. No City funds will be required. Timin~ for the access road construction is contingent upon Phase I of the park's development being completed or adequately assured by County of Roanoke prior to June 16, 1990. City Council not authorize the execution of the City-State Agreement. 1. Assistance to County of Roanoke in enabling State access road funds will not be given. 2. Fundin~ will not be available. 3. Timin~ is not an issue. Recommendation is that City Council authorize the City Manager, in a form acceptable to the City Attorney, to execute the City-State Agreement on behalf of the City. Respectfully submitted, W. Robert Herbert City Manager WRH/RKB/fm Attachment: City-State Agreement CC: Elmer Hodge, County Administrator, County of Roanoke City Attorney Director of Finance Director of Public Works Director of Administration and Public Safety Director of Utilities and Operations City Engineer Manager, Department of Parks/Recreation/Grounds Maintenance Chief of Community Planning Parks Planner City of Roanoke and the Virginia Department of Transportation Recreational Access Fund Vinyard Park Project 9999-128-249,C50! THIS ~AGREEMENT, made. this day of , 1988, by and between the CITY OF ROANOKE, hereinafter referred to as the CITY, party of the first part and the VIRGINIA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the DEPARTMENT, party of the second part; and WHEREAS, the County of Roanoke plans to develop and operate the Vinyard Park, situated off Berkley Road in the southeastern portion of the CITY; and WHEREAS, by resolution the CITY requested an allocation from to assist in providing adequate the Recreational Access Fund access to the Vinyard Park; and WHEREAS, the Commonwealth certain $26,000 Transportation Board, subject to contingencies, has allocated an amount not to exceed from the Recreational Access Fund to assist, in providing such being designated as Project the requested access facility, 9999-128-249, C501, and WHEREAS, the CITY hereby acknowledges and agrees to the contingencies of this allocation as set forth in the June 16, 1988 resolution of the Commonwealth Transportation Board, which is made a part of this agreement by reference. NOW, THEREFORE, WITNESS, that for and in consideration of the premises and mutual convenants and agreements herein contained, the parties hereto agree as follows: - i Ao The CITY will: 1. Acquire or arrange for the acquisition of all right of way, including construction and/or drainage easements, necessary for the construction of this project at no : cost to the DEPARTMENT. 2. Cause any'Ut/l/t/es in conflict with this project's construction to be adjusted, including any installation and related engineering, at no cost to the DEPARTMENT. 3. Prepare or arrange for the preparation of any required environmental document and secure all local, state, and federal permits necessary for construction of the proposed project· 4. Bear any portion of the project's total cost in excess of $26,000. 5. Assume, pursuant to Section 33.1-223(d), Code of Virginia, the maintenance responsibility of the completed access facility and provide such maintenance in a manner satisfactory to the DEPARTMENT or its authorized representative. Make ample annua! provisions for such maintenance. 6. Assure traffic placed that the location, form and character of all control devices or markings installed or by any public authority or any other agency shall be subject to the approval of the DEPARTMENT. Prohibit any reduction in the number or width of traffic lanes, or alterations of channelization - 2 - islands, after the construction of this project without prior approval of the DEPARTMEN?. 8. Acknowledges and agrees the roadway facility resulting [rom this project's construction will not be eligible ~ for maintenance payments purauant to Section 33-1-41-1, :t0de of.Virginia. B. The DEPARTMENT will: 1. Prepare plans for Project 9999-128-249, C501, described as the construction of approximately 0.1 mile of new roadway for Berkley Road to the northwest, for the purpose of providing access to the Vinyard Park. The design shall provide for a pavement width of 20 feet with appropriate shoulders and ditches. 2. Authorize recreational access funds, in accordance with and subject to the applicable contingencies of the Commonwealth Transportation Board's resolution of June 16, 1988, for the actual cost of the project's construction and related construction engineering activities. 3. Administer the project's contract advertisement, award, and construction under its competitive bidding procedures or arrange for this project's construction with its own forces. 4. Advise the CITY upon completion of the project's construction in accordance with approved plans. C. Both parties mutually agree that: 1. Construction of the project shall be contingent upon - 3 - phase I of the park's development by the County of Roanoke either (a) being completed and in operation, or (b) adequate assurance provided that such will occur at the approximate time of the completion of this access .facility. (Phase ! to consist, as a minimum, Of three soccer fields, a 70-space parking area, and related support facilities estimated to cost approximately $137,000). In the event such development of this park's recreational facilities is not assured by the County of Roanoke prior to June 16, 1990, this agreement shall become null and void. 2. The completed 'roadway facility resulting from this project shall be designated a "Virginia Byway" pur- suant to the provisions of Section ]3.1-223, Code of Virginia. IN WITNESS WHEREOF, affixed their signatures, TRANSPORTATION on the parties to this agreement have hereto the CITY OF ROANOKE on the ~ day of , 1988, and the VIRGINIA DEPARTMENT OF the __ day of , 1988. ATTEST: CITY OF ROANOKE Clerk City Manager Note: Any official signing for and on behalf of a municipality or political subdivision should attach a certified copy of order, resolution, ordinance or charter provision, or a citation to statute, under the authority of which this agreement is executed. - 4 - ATTEST: COMNONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Title FISCAL DIVISION (VDOT) ::-' Deputy Commissioner APPROVED ~ . OFFICE OF ATTORNEY GENERAL s/ M. C. Barden Date: October 12, 1988 s/ James D. Phillips Date: October 21, 1988 - 5 This Agreement is entered into this ~ day of ~&~ , 1988, between the City of Roanoke, Virginia (hereinafter "City") and the County of Roanoke, Virginia (hereinafter "County"). WHEREAS, Vinyard Park, a facility which is located in the City, is owned and is to be developed by the County as a recreational facility serving the residents of Roanoke County and adjoining municipalities; and WHEREAS, the facility is in need of adequate access; and WHEREAS, the right-of-way of the proposed access is to be provided by the County at no cost to the City; and WHEREAS, the procedure governing the allocation of Recre- ational Access Funds as set forth in Section 33.1-223, Code of Virginia (1950), as amended, requires joint action by the Director of Conservation and Historic Resources and the Highway and Transportation Commission; and WHEREAS, a statement of policy agreed upon between the said Director and the Commission approves the use of such funds for the construction of access roads to publicly owned recreational areas or historical sites; and WHEREAS, the City is willing to recommend allocation of the necessary Recreation Access Funds from the 1987-1988 City alloca- tion subject to the terms of this agreement. NOW, THEREFORE, it is hereby agreed between the City and the County as follows: 1. The County, subject to reimbursement by the Commonwealth of Virginia as appropriate, agrees to bear all costs associated with construction of the access road. Such costs include but are not limited to the following: engineering, surveying, recordation fees, signage and construction. The City will not be required to transfer or handle any of the funds involved in the construction project. 2. The County agrees to provide adequate litter receptacles, litter and garbage clean-up and collection, any needed water and sewer service, security and traffic control services in and about the park and the access road. The County also will provide flood clean-up of the park and the access road, if necessary. 3. The County will maintain the access road and will clean and scrape the road, as needed. 4. The County will assume responsibility for any claims arising from the condition of the road which are filed against the City. The County wii1 maintain in full force and effect at its cost public liability insurance in the minimum amount of $1 million bodily injury and property damage, combined single limit. A certificate of insurance reflecting such coverage shall be provided to the City upon execution of this agreement and thereafter when new insurance is procured. 5. The park will be subject to all police power ordinances of the City. required. 7. val of Appropriate site plan approval by the City will be The park will not be lighted without the written appro- the City Manager. 8. City residents will be permitted to use same basis as City residents may, as of the date agreement, use County parks. the park on the of this Attest: Deputy Clerk Board of ~upervisors ~t-test: COUNTY OF ROANOK~ County Administrator CITY OF ROANOKf CW~tyR°bMaenratgeHrer~ert ~/ Approved as to form ~.T-~ Assistant City Attorney Approved as to form: Jo~ph B.lObenshain Se~ior AsSistant County Attorney January 10, 1989 A Bcauti[~lBeginning COUNTY ADMINISTRATOR ELMER C. HODGE ':i ~'~ BOARD OF SUPERVISORS LEE GARRETT. CHAIRMAN RICHARD W. ROBERS. VICE-CHAIRMAN ~ BOB I. JOHNSON ~i : HOLLIN$ MAGISTERIAL DISTRICT Mr. W. Robert Herbert, city Manager , , STEVEN A. MCGRAW ~ CATAWBA MAGISTERIAL DISTRICT city of Roanoke, Room 364 ~<f~Q., HARRYC. NICKENS VINTON MAGISTERIAL D~STRICT Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 RE: vinyard park VDOT project #9999-128-249,C501 Dear Bob: Thank you for your letter of December 13, 1988, in regard to the proposed city of Roanoke agreement with the Department of Transportation, referencing the above named project. The County of Roanoke has reviewed the project allocation contingencies as set forth in the June 16, 1988 Resolution of the Commonwealth Transportation Board and made a part of the city-State agreement. RoanoKe County will assume full responsibility for the completion of all "CITY" requirements as outlined on page 2 and page 3 (91 through #8) and, furthermore, agrees to and accepts full responsibility for all mutual agreement provisions as stated on page 3 and page 4 of the attached project agreement (~1 and 92). Please have your staff inform Mr. John Chambliss, Jr., Assistant County Administrator, at 772-2002, when the agreement has been approved by the City of Roanoke. Thank you very much for your continued cooperation and assistance regarding this matter. sincerely, Elmer C. Hodge County Administrator ECH/CW Enc. cc: John M. Chambliss, Jr., Assistant Administrator Phillip Henry, Director of Engineering Stephen H. Carpenter, Director of Parks & Recreation P.O. BOX 29800 - ROANOKE. VIRGINIA 24018-0798 - (703) 772-2004 Office of the City Clerk January 23, 1989 File #467 The Honorable Mayor and ~embers of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Pursuant to Chapter 9, Education, of the Code of the City of Roanoke (1979), establishing a procedure for the election of School Doard Trustees, this is to advise you that the three year terms of ~essrs. Edwin R. Feinour and Donald Bartol will expire on June 30, 1989. ~ccording to Section 9-16, on or before February 15 of each year, Council shall announce its intention to elect trustees of the Roanoke City School Doard for terms commencing July I through (1) public announcement of such intention at two consecutive regular sessions of the Council and (2) advertisement of such intention in a newspaper of general circulation in the City twice a week for two consecutive weeks. Section 9-17 provides that all applications must be filed in the City Clerk's Office by March 10. Applications will be received until 5:00 p.m. on Friday, March 10, 1989. Application forms are 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. ~nformatian describing the duties and responsibilities of School Board Trustees will also be available. Periodically over the next four months, I will keep the Council informed of the various steps to be followed throughout the selection process. f~(4J~/.Sincerely' /~ ~/[ary F. Parker, CMC City Clerk MFP: ra SD: PROCE Room 456 Municipal Building 2t5 Church Avenue, S W Roanoke. V~rg~nia 24011 (703) 98t-2541 Office of the City Clerk January 25, 1989 File #132 The Honorable Mayor and Hembers of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: [ am attaching copy of Resolution No. 29436, changing the time of the February 6, 1989, regular meeting of City Council from 2:00 p.m., to 7:30 p.m., which Resolution No. 29436 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 23, 1989. ~Sincerely'~x(f .~-' /~~ Mary F. Parker, C~,~C City Clerk MFP: ra Enco pc: The The The The The Mr. W. Robert Herbert, Mr. Earl B. Reynolds, Mr. Joel M. Schlanger, Ms. Deborah J. Moses, Mr. William L. Brogan, Mr. Von W. Moody, III, Mr. Mr. Public Safety Mr. James D. Ritchie, Honorable Gordon E. Peters, City Treasurer Honorable Jerome S. Howard, Jr., Commissioner of Revenue Honorable W. Alvin Hudson, City Sheriff Honorable Donald S. Caldwell, Corrgnonwealth's Attorney Honorable Patsy Testerman, Circuit Court Clerk City Manager ,Tr., Assistant City Manager Director of Finance Chief of Billings and Collections Municipal Auditor Director of Real Estate Valuation Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works George C. Snead, Jr., Director of Administration and Director of Human Resources Room 456 MunicJpol Building 215 Ohurch Avenue SW Roanoke Vlrg~nia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 23rd day of January, 1989. No. 29436. VIRGINIA, A RESOLUTION changing the time of the February 6, 1989, regular meeting of City Council from 2:00 p.m. to 7:30 p.m. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The time of the February 6, 1989, regular meeting of City Council shall be changed from 2:00 p.m. to 7:30 p.m. 2. At such regular meeting, to be held at 7:30 p.m., a public hearing shall be held with respect to the Roanoke River Flood Reduction Project. S. The City Attorney is directed to cause appropriate public notice to be given with respect to the Roanoke River Flood Reduction Project public hearing. 4. The City Clerk is directed to provide appropriate public notice with respect to the change in the time of the February 8, 1989, regular meeting of Council. ATTEST: City Clerk. WlLBURN C. DIBLING, JR. CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 703-9~1-2431 January 20, 1989 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Public hearing with respect to Roanoke River Flood Reduction Project Bond Issue Dear Mrs. Bowles and Gentlemen: As a result of discussions with bond counsel, some changes have been required in our proposed public hearing with respect to the Roanoke River Flood Reduction Project bond issue. I hope that the required changes will not in- convenience you. It is the view of bond counsel that a public hearing is required and that an advertisement of such public hearing must be run once a week for two consecutive weeks. Bond counsel is further of the opinion that fourteen days must intervene between the first advertisement and the date of the public hearing. Therefore, if we advertise on Sunday, January 22, 1989, and Sunday, January 29, 1989, the earliest date that the public hearing can be held is February 6, 1989. As you know, February 6 is also the date of the last regu- larly scheduled Council meeting which will allow a court order to be entered sixty days in advance of the date of the referendum. When I learned that the desired January 30, 1989, public hearing would not be possible, I consulted with the Mayor who recommended that the Council meeting of February 6, 1989, be moved from 2:00 p.m. to 7:30 p.m. to make it easier for the public to attend the required public hearing. The attached resolution, which needs to be adopted at the Council meeting of January 23, 1989, moves the time of the regularly scheduled February 6, 1989, Council meeting from 2:00 p.m. to 7:30 p.m. The Honorable Mayor and Members of City Council January 20, 1989 Page 2 I regret that an extremely tight time schedule and legal requirements did not permit the proposed January 30, 1989, public hearing. With kindest personal regards, I am Sincerely yours, City Attorney WCDJr:fcf Attachment CC: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations Mary F. Parker, City Clerk Mark A. Williams, Assistant City Attorney Or, ce of the CiW Cler~ January 25, 1989 File #91-132 Ms. Mary H. Allen Deputy Clerk Roanoke County Board of Supervisors P. 0. Box 29800 Roanoke, Virginia 24018-0798 Dear Ms. Allen: I am enclosing copy of Resolution No. 29437, appointing the Honorable Noel C. Taylor and the Honorable Beverly T. Fitzpatrick, Jr., as the City's representatives to governmental reorganization discussions to be conducted pursuant to ~15.1-1132, Code of Virginia (1950), as amended, which Resolution No. 29437 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 23, 1989. Sincere ly, f~ Mary F. -Parker, CMC City Clerk MFP:ra pc: Mr. W. Robert Herbert, City Manager Mr. Joel M. Schlanger, Director of Finance Room 456 Municipal Building 21,~ C~urch Avenue SW I'~anoke V~rglnia 24011 (703) 981-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 23rd day of January, 1989. No. 29437. A RESOLUTION appointing the City's representatives to governmental reorganization discussions to be conducted pursuant to $15.1-1132, Code of Virginia (1950), as amended. WHEREAS, this Council has learned from reliable sources that citi- zen petitions requiring governmental reorganization talks between the City and the County of Roanoke will soon be officially filed with this Council, the Board of Supervisors of the County of Roanoke, the Cir- cuit Court for the City of Roanoke and the Circuit Court for the County of Roanoke; WHEREAS, such petitions will require that an agreeement with re- spect to governmental reorganization be reached between the City and the County within twelve months and that the governing bodies petition the Circuit Courts to order a referendum on the question of governmen- tal reorganization; and WHEREAS, this Council is desirous that there be no delay in the important work required to reach an agreement between the two govern- ing bodies which will serve the governmental reorganization needs of all the people of the Roanoke Valley well into the 21st century; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. As the City's official representatives to governmental reor- ganization discussions to be conducted between this City and the County of Roanoke pursuant to §15.1-1132, Code of Virginia (1950), as amended, the Council hereby appoints the Honorable Noel C. Taylor, Mayor, and the Honorable Beverly T. Fitzpatrick, Jr., Vice-Mayor, and Wilburn C. Dibling, Jr., City Attorney, as legal counsel. 2. W. Robert Herbert, City Manager, Joel M. Schlanger, Director of Finance, and other Council-appointed officers and City employees shall render such staff suppor( and assistance as may be required from time to time by Mayor Taylor and Mr. Fitzpatrick in the conduct of their discussions with County representatives, including attendance at meetings upon request of Mayor Taylor and Mr. Fitzpatrick. 3. The Council's best wishes go with both the City and County representatives as they commence their conscientious and good faith efforts to develop a plan of governmental reorganization which will serve the needs of the Roanoke Valley for years to come. 4. The City Clerk is directed to forward an attested copy of this resolution to the Clerk of the Roanoke County Board of Super- visors. ATTEST: City Clerk.