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HomeMy WebLinkAboutCouncil Actions 07-13-87 NOTICE: ACTION AGENDA MISSING FROM FILE. PLEASE REFER TO MINUTES FOLLOWING THIS NOTICE. 374 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL July 13, 1987 7:30 p.m. The Council of the City of Roanoke met in regular meeting in the Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on ~nday, July 13, 1987, at 7:30 p.m., the regular meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, ~ Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke -~97--'9~.as amended. PRESENT: Council members Howard E. Musser, James O. Trout, David A. Bowers, Elizabeth T. Bowles, Robert A. Garland, James G. Harvey, II, and Mayor Noel C. Taylor ........................................ ~ ABSENT: None ........................................................ O. OFFICERS PRESENT: Hr. W. Robert Herbert, City Manager, Mr. Earl B. Reynolds, dr., Assistant City Manager; Hr. Wilburn C. Dibling, dr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend Joe R. Bryant, Pastor, Riverdale Baptist Church, The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Taylor. BID OPENINGS: JUVENILE ~TENTION HOME: Pursuant to notice of advertisement for bids for roof replacement at the Juvenile Detention Home, Coyner Springs, said bids to be received by the City Clerk until 4:30 p.m., on Monday, July 13, 1987, and to be held, opened and read before the Council at 7:30 p.m., on that date, or as soon thereafter as the matter may be heard, the Mayor asked if anyone had any questions about the advertisement for bids, and no representative present raising any question, the Mayor instructed the City Clerk to proceed with the opening of the bids; whereupon, the City Clerk opened and read the following bids: BIDDER BASE BIO TOTAL Blankenshtp Roofing Company, Inc. I. N. McNeil Roofing & Sheet Metal Company, Inc. Valley Roofing Corporation John T. Morgan Roofing & Sheet Metal Company, Inc. Leonard Smith Sheet Metal & Roofing, Inc. ACTION: Mr. ~arvey moved that · ,*;.~ppointed by the Mayor for Council. The 'motion was $27,956.00 30,139.00 34,485.00 36,749.00 37,935.00 the bids be referred to a committee to be tabulation, report and recoranendation to seconded by Mr. Mu.sser and unanimously · "..,A, c,l'. , ' ACTION: The Mayor appointed Messrso Robert A. Garland, Chairman. Ritchie and Wtlltam F. Clark as members of the committee. STREETS AND ALLEYS: Pursuant to notice of advertisement for bids for bituminous concrete overlays and pavement profiling of various streets within the City of Roanoke, said bids to be received by the City Clerk until 4:30 p.m., on Monday, July 13, 1987, and to be held, opened and read before the Council at 7:30 p.m., on that date, or as soon thereafter as the matter may be heard, the Mayor asked if anyone had any questions about the advertisement for bids, and no represen- tative present raising any question, the Mayor instructed the City Clerk to proceed with the opening Of the bids; whereupon, the City Clerk opened and read the following bids: ACTION: ACT[ON: ~10DER A~LTERNATE BIO BASE BiD TOTAL S. Ro Draper Paving Company, Inc, $28,140.00 $625,249.10 Adams Construction Company 25,125.00 645,057.50 Virginia Aspha)t Paving Company, Inc. 30,150.00 669,399.45 Mr. Harvey moved that the bids be referred to a committee to be appointed by the Mayor for tabulation, report and recommendation to Council. The motion was seconded by Mr. Nusser and unanimously adopted. The Mayor appointed Messrs. Robert A. Garland, Chairlnan, Kit B. Kiser and William F. Clark as members of the committee. 375 PUBLIC HEARINGS: ACTION: STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, July 13, 1987, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of Mr. and Mrs. Anatoly G. A~tohin and Garnett L. Carroll that the entire alley running between Campbell and Marshall Avenues, S. W., bounded by parcels bearing Official Tax Nos. 1113102, 1113103, 1113120 and 1113121, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in the morning editions of the Roanoke Times & World-News on Friday, June 26, 1987, and Friday, July 3, 1987. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Co~wnission recmnmending that the request be approved based on the following conclusions, was before Council. All available information indicates that closure of the alley will have no adverse effect on any adja- cent property owner or the public at-large. Alley is apparently not being used for its intended purpose and is not needed by the adjacent property owners as a secondary means of access. Adjacent property owners could utilize the land within the alley right of way in a more efficient manner. (For full text, see report on file in the City Clerk's Office.) Mrs. BOwles moved that the following Ordinance be placed upon its first reading: (#28711) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. $0, page 265.) The motion was seconded by Mr. Garland. No person wishing to address Council with regard to the request to close the alley, Ordinance No. 28711, on first reading, was adopted by the following vote: 376 ACTION: AYES: Council members Musser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor .............................................. NAYS: None ................ 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, July 13, 1987, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of Carolyn B. Cranor that an alley running parallel with Woodbine and Ivy Streets, S, E., bounded by parcels bearing Official Tax Nos. 4041409 - 4041416, respectively, and Lots 1 and 2, Official Tax No. 4041405, be per- manently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in the morning editions of the Roanoke Times & World-News on Friday, June 26, 1987, and Friday, duly 3, 1987. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission recommending that the request be approved based on the following recommendations, was before Council. Lack of verification that the subject area has at any time been accepted by the City for public use. The fact that this area has not been used or needed as an alleyway since 1929. The absence of any means of access from the area (alley) to a public street. That the adjacent property owners could utilize the land within the area (alley) in a more efficient manner. (For full text, see report on file in the City Clerk's Office.) Mr. Garland moved U)at the following Ordinance be placed upon first reading: its (#28712) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 50, page 266.) The motion was seconded by Mr. Trout. No pers6n wishing to address Council with regard to the request to close the alley, Ordinance No. 28712, on first reading, was adopted by the following vote: AYES: Council members Musser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor ..................... NAYS: None .............................. STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on ~4onday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, duly 13, 1987, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of Son that a portion of Mosby Street, S. E., east of the eastern right- of-way line of Miami Street, S. E.; a portion of Botetourt Street, S. E., north of a line between the southern corners of lots identified as Lot 18, Block 1, Rivermont Court, and Lot 7, Block 2, Rivermont Court; and all of the alley lying between Botetourt Street, S. E., and a parcel of property identified as Official Tax No. 4230501, all of which are not open on ground, be permanently vacated, discontinued and closed, the matter was before the body. 7'7 ACTION: Legal advertisement of the public hearing was published in the morning editions of the Roanoke Times & World-News on Friday, dune 26, 1987, and Friday, July 3, 1987. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning request be approved, subject to the Counci 1. Commission recorffnending that the following conditions, was before That the applicant agrees to have prepared and sub- mitted to the City a plat of subdivision combining the properties which otherwise would become land- locked. That the applicant agrees to provide and dedicate upon such subdivision plat, an area deemed suf- ficient by the City Engineer to establish a cul-de- sac or turnaround at the proposed point of te~ntnus of Botetourt Street, S. E., as shown on the sub- mitted application. That official closure of the subject streets and alley be made contingent upon the recordation of the above-cited subdivision plat properly approved by the Agent to the Planning Commission and the City Engineer. The Planntng Commission further advised that the above recon~nen- datton is based on the following conclusions: Land within the rights of way of the subject streets and alley is situated on extremely sloping terrain. IN)velopment of the areas for public traf- fic needs would be Impractical. Returning the land within the rights of way to acreage by combining it with the adjacent lands would be a better and more productive use of the land within the rights-of-way. Ultimate impact on the adjacent neighborhood of the proposed land use (warehouse) will be determined by future site plan review of the proposed develop- ment. Adjacent property owners could utilize the land within the right-of-way in a more efficient manner. (For full text, see report on file in the City Clerk's Office.) Mr. Harvey moved that the following Ordinance be placed upon its first reading: (#28713) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 50, page 267.) The motion was seconded by Mr. Musser. No person wishing to address Council with regard to the request, Ordinance No, 28713 was adopted, on ftrst readtng, by the following vote: AYES: Council members Musser, Trout, Bowers, Bowl es, Garland, Harvey and Mayor Taylor .............................................. 7. NAYS: None ..................................................... O. 378 ACTION: STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for MOnday, duly 13, 1987, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of Reld Jones, Jr., that Raleigh Avenue, N. N., extending westerly from its Intersec- tion with Gainsboro Road, N. N., to its intersection with Orange Avenue, N. N.; a certain ten foot wide alley extending from the southerly Side of Raleigh Avenue, N. N., for a distance of approxima- tely 206.16 feet to the point of intersection wtth the northerly side of Cherry Avenue, N. N.; and a certain ten foot wide alley extending westerly from the center of the aforementioned alley for a distance of approximately 313.38 feet to its temninatlon at a juncture with a closed ten foot wide alley, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in the morning editions of the Roanoke Times & Norld-New~ on Frtday, June 26, 1987, and Friday, July 3~ 1987. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission recommending that the request be approved, subject to the following conditions, was before Council. That the applicant agree to take appropriate measures to combine or resubdivtde the properties in a manner that will eliminate the posstbiJlty of landlocktng Official Tax Nos. 2020222 - 2020231. That the ordinance vacating the rights-of-way be contingent upon the applicant's compliance with the above conditions, by means of a properly prepared plat of subdivision submitted to and approved by the Agent to the Planning Commission and the City Engineer. The based on That proper easements be retained by the City for existing utilities. Planning Commission further advised that the recommendation is the following conclusions: The City has no current or future plans to develop or utilize the street and alleys requested for clo- sure. Section of Raleigh Avenue, N. W., is a dead-end street with no public access purpose. Alleys are both situated on sloping terrain and could not effectively serve as a secondary means of access to adjacent properties. Adjacent property owners could more efficiently utilize the property within tim subject rights-of- way. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that the following Ordinance be placed upon its first reading: (J28714) AN OROINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as is more particu)arly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 50, page 270.) The motion was seconded by Mr. Garland. Mr. Frank K. Saunders, Attorney, representing the petitioner, appeared before Council in support of the request of his client. No person wishing to address Council with regard to the request, Ordinance No. 287]4 was adopted, on first reading, by the following vote: 3 AYES: Council members ltJsser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor .............................................. 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, duly {3, 1987, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of Robert McNichols that a certain tract of land lying at the intersection of Lewiston Street and Peters Creek Road, N. W., designated as Official Tax No. 6421135, con- taining one acre +, be rezoned from RS-3, Residential Single Family District, to C-1, ffffice District, the matter was before the body. Legal advertisement of the public hearing was published in the morning editions of the Roanoke Times & World-Hew~ on Friday, dune 26, 1987, and Friday, duly 3~ 1987. {See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission recommending approval of the request for rezoning, advising that an office development is a reasonable alternative to residential development on this vacant par- cel; that the adjacent parcel is presently being used for retail com- mercial purposes; that office use is consistent with existing zoning and land use patterns in the area; and the neighborhood character of Lewiston Street can be protected and maintained, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. Bowers moved that the following Ordinance be placed upon its first reading: ACTION: (#28715) AN ORDIHAHCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 642, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 50, page 271.) lhe motion was seconded by Mr. Garland. Ho person wishing to address Council with regard to the request for rezoning, Ordinance No. 28715 was adopted, on first reading, by the following vote: AYES: Council members Husser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor .............. ... 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, duly 13, 1987, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of CBL Management, Inc., that a certain tract of land located on the north side of Bennington Street, S. E., at its intersection with Mount Pleasant Boulevard and Rutrough Road, S. E., containing 9.56 acres, more or' less, and designated as Official Tax No. 4250202, be rezoned frefa LM, Light Manufacturing District, to CN, Neighborhood Commercial District, sub- ject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in the morning editions o7 the Roanoke Times & World-New~ on Friday, dune 1987, and Friday, duly (See publisher's affidavit on file in the City Clerk's Office.) 380 ACTION: A report of the City Planning Commission recommending denial of the request for rezoning, with Nfs. Goode, and Hessrs. Bradshaw and dories voting for denial; and Messrs. Waldvogel Sowers and Buford voting for approval~ was before Council. ' The Planning Commission noted that under their By-LaWs, a tie vote is to be construed as a recommendation of denial; and denial of the rezonlng request was based upon two major issues: loss of viable industrial land and exaggeration of already undesirable' traffic con- ditions. The Commission indicated that while there Were strong issues both for and agatnst the rezoning request, the City's Comprehensive Plan strong]y promotes the protection of the City's valuable industrial ]and; that while the subject property is not identified in the Plan as a priority fn terms of valuable industrial property, it is considerably viable, and therefore, it shou]d be protected; that in addition, it is felt that the proposed project will result in increased traffic in an already congested area and will not benefit the transportation elements in the 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: (#28716) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 425, Sectional 1976 Zone Nap, 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. 50, page 272.) The motion was seconded by Mrs. Bow1 es. The City Attorney submitted a written report advising that peti- tions have been filed with the City by citizens opposed to the rezon- lng; and it is his opinion that an insufficient number of signatures have been set out in the petitions to invoke the provisions of §62(5) of the Roanoke City Charter, which provides with reference to amend- ments to the City's Zoning Hap, in pertinent part, as follows: "Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such change signed by the owners of twenty per centum or more either of the area of the lots included in each proposed change, or of those immediately adjacent in the rear thereof, or of those directly opposite thereto, such amendment shall not become effective except by the favorable vote of five-sevenths of all the mem- bers of the Council." Hr. Dibling advised that according to Official Tax Appraisal Maps, there are twelve parcels in the City which can be construed as being adjacent to or opposite the one proposed to be rezoned; that the only owner of property adjacent to the subject property who has signed the petitions in opposition is Lois L. McBride, who, along with Henry E. McBride, owns the parcel bearing Official Tax No. 4450401; that Henry E. McBride did not sign the petition; that since not all of the record owners of the parcel did not sign the petition, he is of the opinion that this parcel cannot be counted towards the number required by §62(5) of the Charter; and under these circumstances, he believes that the provisions of §§2{5) have not been met in order to invoke the five-sevenths voting requirement. (For full text, see report on file in the City Clerk's Office.) A communication from Hr, Charles W, Hancock, President, C~rden City Civic League, advising that at a monthly meeting of the League on June 4, 1987, the following resolution was unanimously adopted by the members: "RESOLVED that the Garden City Civic League endor- ses and supports the petition of CBL Management, Inc., to rezone the land behind Fire Station No. 11, known to us as the Gusler property from LM zoning to a commercial use zoning, letter "C" or "CN" o We believe that rezoning this property will enhance our community, improve business for everyone in our area, and will not adversely affect the business and industry potential of our area. We have nearly 17 acres of manufacturing area next to us in the Roanoke Industrial Park." (For full text, see communication on file in the City Clerk's Office.} A petition signed by 347 residents of southeast Roanoke supporting the rezoning to permit construction of a neighborhood shopping center, advising that modern, convenient shopping facilities are needed in their neighborhood, was before Council. (For full text, see petition on file in the City Clerk's Office,) A coe~nunication from Mr. Elbert Lester, President, Riverdale Community Club, advising that on Thursday, June 25, 1987, the Club voted in favor of the rezoning, noting that they take pride in their community and believe the proposed shopping center will enhance their neighborhood, based on the neatness and cleanliness of other Food Lion stores and associated businesses which have been built elsewhere, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Lamar W. Davis, Attorney, representing persons in opposition tO the request for rezontng, appeared before Council and advised that the rezoning request comes before Council with a recommendation of the City Planning Commission for denial based upon their study of the request and upon considerations in excess of the political nature involved. He said there is a parcel of land across Bennington Street from the property in question which is presently zoned CN and provides the majority of the services that would be represented by the develop- ment of the property proposed to be rezoned. He stated that the intent of the CN zoning is to support and enhance existing neighborhood shopping areas; that the existing neighborhood shopping area is the Super Saver which is located in Jamestown Plaza and situated in a manner that is within the same distance as the site proposed for the Food Lion and drug store. He noted that according to the proposed site plan, the food store is approximately 27,000 square feet in excess of the CN limit of 15,000 square feet and, predictably, there will be a request for an exception before the Board of Zoning Appeals immediately following approval of the rezoningo Mr. Davis said there seems to be some sentiment that people in the neighborhood are in need of this particular use of the land; that several civic leagues have been consulted for their expressed desire and approval of the rezoning; and the sentiment which has been expressed to him is that presently there are traffic concerns at the intersection. He added that the City Planning Commission has not expressed itself clearly in terms of the vote; and the denial has to be taken as an indication that there is no persuasive argument which would justify the change. He said people who want the rezoning may have seen the advantages of a shopping center without viewing the disadvantages and may be blind to the long-term effects, which is the basis for Council to address issues of this nature. 381 382 Nr. Davis said it has been maintained that there will be job growth; that if Food Lion locates in the area with additional employment, the Super Saver in damestown Plaza Shopping Center will eventually be unable to compete, and that particular land use develop- ment will be vacated. He explained that there currently exists a food store with 25,00D square feet and to place an additional food store within a stone's throw with 27,000 square feet is redundancy. Hr. Davis said the real question is how much light manufacturing land can be irretrievably lost to another zoning such as which is a concern of the City Planning Commission and should be the biggest concern that Council has to deal with. He added that there does not seem to be an accurate assessment at this point as to how much light manufacturing acreage is left in the City; that everyone is sen- sitive to the idea that light manufacturing is a valuable zone, and once lost, is forever lost, but no one seems to have quantified what the loss will mean. He said for versatility and balance, Lo maintain light manufacturing is a legitimate concern which has been expressed by the City Planning Commission in denying the request, and those in oppo- sition feel it is a legitimate denial. Mr. William E. Gervase, 1435 Freeborne Circle, S. E., appeared before Council and advised that he is in opposition to the rezoning, noting that the bottom line is that another shopping center or grocery store is not needed in the area. He said traffic is bad at this time; that a traffic light had to be installed approximately five years ago; that a fire station is located on the corner and when a fire occurs, traffic backs up. He stated that the community is not in favor of another shopping center. Mr. Kenneth C. King, Jr., Attorney, appeared before Council and advised that he was requested by Roanoke Hechanical Services and Donald Shelton to assist the residents and civic groups in the area affected by the rezoning in order to express their views. He said the Riverdale Community Group, Garden City Civic League, and the Riverdale Alert NeighboFs adopted resolutions of support of the request for rezoning. He stated that the civic leagues, which are the partners of Council and the City in terms of how the City is attempting to deal with neigh- borhoods, and representing approximately 700 paid members, are in favor of the rezoning. He said bls clients have been impressed with the people at CBL Management, Inc., that they would like to have what they consider to be a first class operation; and senior citizens perceive the project as an opportunity to provide a place for younger citizens to live and work in the community. Mr. Daniel F. La,man, dr., Attorney, representing the petitioner, appeared before Council and presented aerial photographs of the area in question. He advised that meetings wore held with the Planning Staff and two hearings wore held by the City Planning Corrrnission, and all of the problems but one were wOrked out which led to the change in the request from C-2 to CN. He stated that it was the feeling of the City Planning Commission that CN would be more appropriate in this area, particularly because the damestown Plaza property was already zoned CN, and the Commission felt it would be unfair to give property across the street a more advantageous zoning which would permit more uses. He said the CN category prohibits supermarkets in excess of 15,000 square feet. but it permits supermarkets of a larger size with a variance from the Board of Zoning Appeals, and it is his client's intention to seek such a variance. Mr. La,man stated that the one problem his client was unable to deal with to the satisfaction of the City Planning Commission staff and the City Planning Commission was the fact that the tract is zoned for light manufacturing, and. it is the policy of the City, as perceived by the City Planning Commission, to protect light manufacturing land. He explained that three members of the City Planning Commission were unwilling to release the land for community development because of that policy; noting that the real fear expressed by members of the City Planning Commission was that rezontng the land would send the wrong message about the City's intention concerning its manufacturing land and would imply that the City is not protecting the land. He noted that his clients understand the Commission's cOncern and the reasons therefor, but believe that each piece of land should be considered on its own merits. Mr. Layman said the real reason for the policy is to make sure there will be careful examination of each piece of land for each rezoning request, adding that careful examination of the ]and in question will show that it is not a good industrial site, but is indeed a good site for a shopping center. Mr. Layman said the most important thing Council can know in making its examination is that the land has been on the market for the past twelve years; that the owners are elderly citizens and they have been trying for a long time without success to sell the land so they can use the funds derived therefrom for retirement purposes. He pointed out that during most of those twelve years and up until May 1987 when the Zoning Ordinance was changed, the land could have been used for commercial as well as industrial purposes, but for all that time there has been no substantial interest in the land either industrial or commercial, He said the inability to sell the land has produced no retirement funds for its owners, no taxes to the City, and no jobs for residents. Mr. Layman said if one looks at the land, the problems can be seen from an industrial developers standpoint inasmuch as it is surrounded by residential and some commercial uses, it is in the flood plain, it is split almost down the middle by a one hundred foot power line ease- merit, and it is not that large or that conveniently located for major highways. He said if industrial land is desired, there are fourteen acres of such land available in the Roanoke Industrial Center which is well suited for industrial use and nothing else. Fie added at the pre- sent time there are no modern shopping centers in southeast; that if residents want the convenience and variety that a Food Lion and a modern shopping center can offer, they have to go to Vinton; and there are many elderly residents who cannot easily get out of the neigh- borhood. Mr. Layman comnented that in addition to the economic activity generated by the proposed shopping center, there will be substantial benefit to the City as a whole inasmuch as a tract of land that has been idle for years will produce an investment of approximately $3 million and an estimated $10 million annual sales, which will generate sales tax for the City and provide between 100 - 120 new jobs ranging from minimum wage type jobs to skilled labor and management type jobs and many of these jobs will be of a nature that residents from southeast may qualify without extensive training. He urged that Council approve the request for rezonlng. Following discussion of the request for rezoning, Ordinance No. 28716 was adopted, on first reading, by the following vote: AYES: Council members Musser, Trout, Bowers, Bowles, Garland, Harvey and Nayor Taylor .............................................. 7. NAYS: None ..................................................... O. At 8:50 p.m., the Mayor declared the meeting in recess. At 9:05 p.m., the meeting reconvened in the Council Chamber with Mayor Taylor presiding, and all members of the Council in attendance. 38 CONSENT AGENDA: The Mayor advised that all matters listed under the Consent Agenda are considered to be routine by the members of Council and will be enacted by one motion in the forms listed on the Consent Agenda, and if discussion is desired, that item wi11 be removed from the Consent Agenda and considered separately. He called specific attention to four requests for Executive Sessions to discuss a matter Involving the disposition of publicly held property, acquisition of real property for publtc purposes, pending litigation, and personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council. ACTION: MINUTES: Minutes of the regular meeting of Council held on Monday, May 11, 1987; the regular meeting held on Monday, May 18, 1987; the regular meeting held on Tuesday, May 26, 1987; and the regular meeting held on Monday, dune 1, 19~7, were before the body. (For full text, see minutes on file in the City Clerk's Office.) Mr. Trout moved that the reading of the minutes be dispensed with and that the minutes be approved as recorded. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council members Musser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor .............................................. 7. NAYS: None ....................... , ................. n COUNCIL: The following communication from Mayor Noel C. Taylor advising that his incapacity and disability has ceased, and he has once again assumed the Office of Mayor, effective June 30, 1987, was before the body. "dune 30, 1987 ACTION: ACTION: The Honorable Vice-Mayor and Members of City Council Roanoke, Virginia Dear Vice-Mayor Musser and Council Members: I am pleased to advise that my incapacity and disability has ceased and that I shall be able to once again assume the Office of Mayor, effec- tive June 30, 1987. This letter shall constitute the written notice required by Resolution No. 28§74, adopted dune 8, 1987, and shall be duly entered upon the journal of Council and filed among the permanent records of the City. Very truly yours, CC: S/Noel C. Taylor Noel C, Taylor Mayor W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk" Mr. Trout moved that the communication be received and filed. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council members Musser, Trout. Bowers, Bowles, Garland, Harvey and Mayor Taylor .............................................. 7. NAYS: None ............................... j ..................... O. COUtlCIL: A report of the City Manager requesting an Executive Session to discuss a matter involving' the disposition of publicly held property, pursuant to Section 2.1-344 (al (2), Code of Virginia {1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter involving the disposition of publicly held property, pursuant to Section 2.1-344 (al (2), Code of Virginia (1950), as amended. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council members Musser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor .............................................. 7. NAYS: None ..................................................... O. ACTION: COUNCIL: A report of the City Manager requesting an Executive Session Lo discuss acquisition of real property for public purpose, pursuant to Section 2.1-344 (al (2), Code of Virginia (1950) as amended, was before the body. ' (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved Chat Council concur in the request of the City Nanager to convene in Executive Session to discuss acquisition of real properly for public purpose, pursuant to Section 2.1-344 (al (2), Code of Virginia (1950), as amended. The motion was seconded by Mr. Masser and adopted by the following vole: AYES: Council members Masser, Trout, BOwers, Bowles, Garland, Harvey and Hayor Taylor .................. _ NAYS: None ................ COUNCIL: A report of the City Attorney requesting an Executive Session to discuss a matter of pending litigation, pursuant to Section 2.1-344 (al (6), Code of Virginia (1950) as amended, was before the body, ' 385 ACTION: (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 pending litigation, pursuant to Section 2.1-344 (al (6), Code of Virginia (1950), as amended. The motion was seconded by Mr. )~sser and adopted by the following vote: m ACTION: AYES: Harvey and NAYS: PARKS Council members Musser, Trout, Bowers, Bowles, Garland, Mayor Taylor ................................ AND PLAYGROUNDS: A communication from Eleanor Alvis ten- dering her resignation as a member of the Mill Mountain Development Committee, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Trout moved that the resignation be accepted with regret and that the communication be received and filed. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council members Musser, Trout, BOwers, BOwles, Garland, Harvey and Hayor Taylor ................................... 7 NAYS: None ..................................................... O. CELEBRATIONS: A communication from Rose Ann Burgess tendering her resignation as a member of the Special Events Committee, was before Councll. ACTION: (For full text, see communication on file in the City Clerk's Office.) Nr. Trout moved that the resignation be accepted with regret and that the communication be received and filed. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council members Musser, Trout, BOwers, Bowles, Garland, Harvey and Mayor Taylor ............................ . NAYS: None .................................. ROANOKE ARTS COMMISSION: A communication from Oohn P. Fishwick advising of the death of his wife, Blair W. Fishwick, a member of the Roanoke Arts Commission, was before Council. (For full text, see communication on file in the City Clerk's Office.) 386 ACTION: ACTION: Hr. Trout moved that the communication be received and filed. The motion was seconded by Mr. Husser and adopted by the following vote: AYES: Council members Musser, Trout, Bowers, Bowles, Gar)and, Harvey and Mayor Taylor .............................................. 7. NAYS: None ..................................................... O. LIBRARIES: A report of qualification of Leo Platt as a member ~f the Roanoke Public Library Board for a term of three years ending June 30, 1990, was before Council, (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mr. Trout moved that the report of qualification be received and filed. The motion was seconded by Mr. Musser and adopted by the following vote: ACTION: AYES: Council members Musser, Trout, Bowers. Bowles, Garland, Harvey and Mayor Taylor .............................................. 7. NAYS: None .......................................... n SCHOOLS: A report of qualification of Lawrence H. Hamlar as a member of the Virginia Western Community College Board, for a term of four years ending June 30, lggl, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mr. Trout moved that the report of qualification be received and filed. The motion was seconded by Mr. Musser and adopted by the following vote: ACTION: AYES: Council members Musser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor .............................................. 7. NAYS: None ..................................................... O. PLANNING: A report of qualification of d. T. Hopkins, dr., as a member of the Fifth Planning District Commission, for a term of three years ending dune 30, 1990, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mr. Trout moved that the report of qualification be received and filed. The motion was seconded by Mr. Musser and adopted by the following vote: ACTION: AYES: Council members Musser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor .............................................. 7. NAYS: None ..................................................... O. PENDING LIST: A list of items pending from duly 10, 1978, through dune 22, 1987, was before Council. (See pending list on file in the City Clerk's Office.) Mr. Trout moved that the pending list be received and filed. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council members Musser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor .............................................. 7. NAYS: None ..................................................... O. COUNCIL: A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950), as emended, was before the body. (For full text, see communication on file in the City Clerk's Office.) ACTION: 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, hoards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council members Musser, Trout, Bowers, Bowles, Garland, Marvey and Mayor Taylor .............................................. 7. i NAYS: None ..................................................... O. REGULAR AGENDA: 387 m ACTION: NEARING OF CITIZENS UPON PUBLIC MATTERS: CITY GOVER~t~ENT: Mr. Roy E. Abbott, 1118 Winona Avenue, S. W., appeared before Council with regard to the cause of apathy. (For full text, see verbatim transcript and written statement on file in the City Clerk's Office.) Mr. Garland moved that the remarks of Mr. Abbott be received and filed with appreciation for his observations. The motion was seconded by Hr. Trout and adopted, Council members Narvey and Musser voting no. Mr. Harvey advised made certain statements and may deserve referral that his no vote was cast because Mr. Abbott that may or may not need further examination to the management team. Mr. Musser pointed out that Mr. Abbott was attending Council meetings before he became a member of City Council; that he has attended Council sessions before and made statements, however, he does not remember Mr. Abbott pointing a finger at anyone or accusing anyone of anything; that he feels the point Mr. Abbott is trying to make is that there is apathy and some of the things he has bought up at the present time as well as in the past may be attributed to this to an extent. Mr. Musser said he would like to rehash some of the things Mr. Abbott has brought up in the past; that Mr. Abbott does not appear before Council very often; that concern must build up in him to a cer- tain extent, and his concerns warrant study and consideration. It was agreed that the City Clerk would furnish each member of Council with a copy of Mr. Abbott's remarks and if there are matters in which Council members would like to address or refer to the manage- ment team at a later date, the Mayor advised that he would entertain a motion to do so. PETITIONS AND COMMUNICATIONS: TRAFFIC: A co~nuntcatlon from Mr, Lewis O. Ferguson, 3209 Troy Avenue, N. W., transmitting a petition signed by 31 persons with regard to loud noises late at night on Trinkle and Wtnsloe Avenues, N. W., which are caused by automobiles being "hot-rodded" with tires spinning and sliding; disturbing the peace; and trespassing on school and city property, was before Council. (For full text, see communication and petition on file in the City Clerk's Office.) The City Manager submitted a written report advising that on May 26, 1987, Council referred the matter to the Administration for study and recommendation; that a team of administrative employees, including the Director of Administration and Public Safety, Police Chief, Police Lieutenant from Planning and Analysis Unit, Traffic Engineer and a Youth Services Planner, has been organized and is gathering material, acts and information relevant to the subject; that 388 ACTION: a number of partial solutions are being considered and include the uti- lization of a saturation patrol by the Police Department during peak traffic hours on ~eekends, particularly on Friday and Saturday nights between the hours of 9:00 p,mo, and 2:00 aomo, a non-cruising ordi- nance, providing a place for cruisers to gather other than Williamson Road and adjoining residential streets, and the possible installation of additional traffic control devices, It was explained that in the meantime, the Po)ice Department has already started the saturation patrol approach with use of additional traffic officers; that over the weekends of dune 19 and 26, they issued 59 traffic summonses for violations occurring on Williamson Road and adjoining residential neighborhoods; that as the summer has progressed, the Police Department has given increased attention to the traffic flow, parked cars and trespassing on Wtlltamson Road; that as officers increase the emphasis on usual hanq-outs for people frequenting that ~ea, they seek new places to gather, and an example of that activity reflected in the petition from Mr. Ferguson. Mr. Herbert advised that there is a legitimate problem with traf- fic and noise in the Trinkle Avenue/Troy AVenue area; that police have addressed the problem; viz: on one evening at least twelve su~nonses were issued to people trespassing on private lets in addition to seven traffic violation summonses; that recently installed on Trtnkle Avenue are no parking signs from 11:00 p.m., to 6:00 a.m., on one side of the street and this action will reduce the parking space for a gathering place but will not eliminate the heavy traffic flow or other related problems. In concluding, Mr, Herbert explained that the City is sensitive to the problems related by Mr. Ferguson and have discussed them with him; that they are not being ignored; that they are being addressed in every legal and reasonable way; that as enforcement emphasis is escalated on Williamson Road, similar complaints may be anticipated in other surrounding neighborhood locations and the study team is expediting its gathering and evaluation of information and wlll report the findings with recommendations to Council. (For full text, see report on file in the City Clerk's Office.) Mr, Garland moved that the communication and report be received and filed. The motion was adopted by Mr. Trout and unanimously adopted. BUDGET-SCHOOLS: A co~nunfcatton from Board requesting that Council appropriate the accounts, was before the body. the Roanoke City School following funds to school Grant No, 6120 - Grant No. 6121 - Grant No. 6556 - $400,000.00 for the Chapter I Carryover Program to provide reading, language arts, and mathe- matics instruction for students in targeted schools. The program is one hundred percent reimbursed by federal funds. $59,156.00 for the Chapter I Winter program to provide reading, language arts, and mathematics instruction for students in targeted schools. The program is one hundred percent reimbursed by federal funds. $46,563.00 for the Juvenile Deten- tion Home program to provide funds for the salary and expenses of the teacher at the detention home. The program is one hundred percent reimbursed by state funds. Grant No. 6557 - $45,360.00 for the Child Develop- ment Clinic program to provide funds for the salary and expenses of the educational specialist at the clinic. The program is one hundred percent reimbursed by state funds. 389 m Grant No. 6558 - $56,000.00 for the 8ureau of Crip- pled Children program to provide funds for the salary and expenses of the educational specialist at the bureau. The program is one hundred percent reimbursed by state funds. Grant No. 6559 - $5,068,00 for the Special Educa- tion Inservice program to provide funds for the training of special education program staff members and for assistance to parents of handicapped students, lbo program is one hundred percent reimbursed by state funds. Grant No. 6560 - Grant No. 6608 - Grant No. 6729 - $6,799.00 for Transitional Ser- vices funds to provide c]ass pla- cements, mental health services. and follow-up studies of place- ments to ensure a smooth tran- sition for handicapped students entering the school system. $7,800.00 for the Comprehensive Con~nunity-Based Safety program to provide federal funds for a school bus safety instructor. The program is one hundred percent reimbursed by federal funds. $102,924.00 for the Apprenticeship program to provide on-the-job and classroom vocational instruction for students in the apprentice- ship program. The program is one hundred percent reimbursed by state funds. Grant No. 6730 - $62,788.00 for the ABE/DIAL pro- gram to provide funds for adult basic education for persons who have not completed high school and for the instruction of adults, using recorded tapes accessed by telephone. The program is sixty- five percent reimbursed by federal funds with thirty-five percent local match. Grant No. 6923 - $1,758,587,00 for the t4agnet Schools program to provide for the implementation and operation of Magnet Schools for the Perfoming Arts and Technology. The program is one hundred percent reimbursed by federal funds. Grant No. 6931 - $559,000.00 for the Governor's School to provide science instruc- tion to gifted high school stu- dents from the area surrounding and including Roanoke City. The 390 ACTION: program will be supported by state funds and tuition collected from the school divisions Which enroll students at the school. (For full text, see communication on file in the City Clerk's Office.) A report of the Director of Finance advising that he has reviewed the request of the School Board to appropriate twelve grants; that ten of the twelve grants are funded with 100 per cent federal and/or state funds; that the ABE/DIAL grant is funded with 85 per cent federal funding and 35 per cent local match in the amount of $22,000.00; that the local match is available under the Adult Education category of Education accounts in the General Fund in a line item entitled "Compen- sation of Adult Education Teachers"; that the Governor's School grant is funded by state funding, fees frem other school divisions, and a local match of $162,000.00; and funding for the local match is avail- able in the Instructional category of Education accounts in the General Fund in a line item entitled "Tuition - Other Divisions in State", was also before Council. The Director of Finance recommended that Council concur in request of the School Board. (For full text, see report on file in the City Clerk's Office.) Mr. Garland offered the following emergency budget Ordinance: (#28717) AN ORDINANCE to amend and reordaln the 1987-88 General an emergency. the certain sections of and Grant Funds Appropriations, and providing for (For full text of Ordinance, see Ordinance Book No. 50, page 253.) Mr. Garland moved the adoption of the Ordinance. lhe motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council members Nusser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor ................................... NAYS: None ..................................................... O. TAXES-COMMISSIONER OF REVENUE: A communication from the Commis- sioner of Revenue advising that a suggestion was made by Mr. Larry Fenzel at the Council meeting on f4onday, March 16, 1987, and referred to him for response, that the City implement an information program to all property owners, contractors, realtors, and investors as soon as possible as to the availability of a partial real estate tax exemption on certain rehabi-lttated buildings in the City, was before the body. Mr. Howard advised that currently the City distributes a brochure entitled, "You Can Rehab in Roanoke Without Increasing Your Taxes" through the Office of the Building Commissioner and the information center located in the Municipal Building Lobby; and the Citizens' Request for Service Office publishes and distributes a booklet entitled, "Municipal Services - A Citizens' Guide," in which reference is made to the rehabilitation program. It was explained that with the cooperation of the Building Commis- sioner and the City Treasurer, the following steps are proposed to expand the distribution of the brochure entitled, "You Can Rehab in Roanoke Without Increasing Your Taxes": "The Commissioner of Revenue will insert a copy of this brochure in the annual Business License Appli- cation mailings to contractors and realtors. The Building Commissioner will distribute a copy of this brochure to applicants for building permits, the Redevelopment and Housing Authority and to neighborhood civic leagues and organizations. m m ACTION: ACTION: The City Treasurer will insert a copy of this brochure in the annual real estate tax tickets mailings. (For full text, see communication on file in the City Clerk's Office.) Mr. Garland moved that the communication be received and filed. lhe motion was adopted by Mr. Bowers and unanimously adopted. SEWERS AND STORM DRAINS: A petition signed by six residents of Ward Street in regard to improvement of road and drainage on Ward Street, N. W., advising that since their area was annexed to the City, there has been no move on the City's part to improve road and drainage problems; that the existing storm drain was installed privately before annexation and is not adequate to handle the problems arising during periods of heavy rain at which time water pours down the street like a river; that the inadequacy of the storm drain is also a direct cause of the inability of the Street Maintenance Department to keep the roadway in a reasonably good condition; and severe ruts and potholes are a con- tinuous problem, was before Council. (For full text, see petition on file in the City Clerk's Office.) A report of the City Manager advising that Mr. Lynn Vernon repre- senting the Engineering Department was contacted by Mrs. George Hankins, 721 Ward Street, N. W., regarding the need to improve the sur- face of Ward Street and to improve the drainage; that Mr. Vernon visited Mrs. Hankins and inspected the conditions which resulted in a work order being prepared on dune 15, 1987, and the work has been undertaken by the Street Maintenance Department and was reported completed on July 7, 1987, was before Council. It was explained that the Assistant City )~nager talked with Mrs. Hankins on duly 13, 1987, and was assured that the work had been completed to her satisfaction. (For full text, see report on file in the City Clerk's Office,) Mr. Garland moved that the petition and report be received and filed. The motion was seconded by Mr. Bowers and unanimously adopted. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE, ITEMS RECOMMENDED FOR ACTION: REFUSE COLLECTION: The City Manager submitted a written report advising that containerized refuse collection service was originally provided by the City of Roa-noke in the early lg$O's; that each con- tainer was hauled individually to the disposal site and returned to the source location; that front-loading trucks were first used by the City in 1969; that approximately fifteen containers could be dumped into the service vehicle before it had to proceed to the disposal site; and a container would be dumped three times per week without a charge, with a fee of $5.00 per pickup for additional service. It was explained that Ordinance No. lgB66 was adopted requiring front-loading bulk container service for any new apartment develop- ments with ten or more dwelling units; that the ordinance was appli- cable to all new developments commencing construction on or after October 1, 1971; and bulk container service was discontinued by the City of Roanoke, effective July 1, 1982, and since that time all such service has been provided by private contractors. The City Manager advised that bulk containers for refuse are required when any business, apartment building or multi-family dwelling complex places out for collection by the City an average of eleven or more containers per week during any consecutive four week period; that this does not apply to the Central Business District because there are 391 392 ACTION: ACTION: no suitable locations for the placement and servicing of bulk con- tainers; and business and apartment complexes that cannot use bulk container service, due to the existence of low overhead wires or other unsuitable physical constraints, are charged for refuse pickup by the City when they set out an average of eleven or more containers per week during any consecutive four week period. It was noted that the Refuse Collection Department monitors the bulk container service provided throughout the City by private contrac- tors; that a license is required to be obtained from the City and the contractor must annually file rate schedules for bulk refuse collection services, and average rates are currently $11.00 per unit serviced; that the City of Roanoke and the Roanoke School Board have contracts with private businesses for bulk container refuse collection from schools, parks and public facilities; that total containers throughout the City being serviced by private contractors is 1,975; that cumulati- vely these 1,975 containers are dumped approximately 3,265 times per week; and Mr. Larry Fenzel appeared before Council on March 16, 1987, and requested that the City provide bulk refuse container service at no charge to the effected business or property owner. The City Manager recommended that the City maintain its current policy which is that business and industry contract with private enterprise for bulk refuse collection service. (For full text, see report on file in the City Clerk's Office.) Hr. Harvey moved that City Manager. The motion adopted. Council concur in the recommendation of the was seconded by Mr, Trout and unanimously STREETS AND ALLEYS: The City Manager submitted a written report advising that the flood of November 1985 inundated the entire Shadeland Avenue area damaging all residential structures (a total of 23 struc- tures); and the City has not acquired all private property requiring street access from Shadeland Avenue. It was explained that the City, as owner of all properties still containing 20 damaged residential structures, has security and poten- tial liability problems caused by persons trespassing on the proper- ties; that the public street, as long as it remains dedicated for street purposes, must remain open to public access; that the City Administration desires to close Shadeland Avenue, N. W., from loth Street, No W., to its easterly terminus so that the street may be blocked preventing public access; and parcels bearing Official Tax Nos, 2050305 and 2030102 remain to be acquired under Phase II acquisition, with neither parcel fronting on Shadeland Avenue or receiving access from Shadeland Avenue. The City Manager recommended that he be authorized to file a peti- tion with the City Clerk seeking closure of Shadeland Avenue, N. W., from loth Street, R. W., to its easterly terminus, to permit the street to be barricaded to prevent public access and eventually removed to permit contruction of the Lick Run Dry Basin. (For full text, see report on file in the City Clerk's Office.) Mr. Bowers moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mrs. Bowles and unanimously adopted. BUDGET-GRANTS-YOUTH: The City Manager submitted a written report advising that on June 17, 1980, the Youth Grant was officially awarded to the City under the Virginia Delinquency Prevention and Youth Development Act of 1979; that on May 4, 1987, fiscal year 1987-88 Youth Grant application was submitted to Council; that the Youth Grant provi- des for continuation of coordinated planning and program implementation of the Office on Youth; and the Youth Grant budget provides the following. ACTION: ACTION: Budget Categor~ ~ocal Match State Funds Cash In-Kind Total Personnel Consultants Travel & Education Training Rent Supplies/Operating Expenses TOTAL $34,241.0U $5,248.00 $39,489.00 -0- -0- -0- 735.00 1,350.00 2,085.00 2,172.00 2,172.00 1,540.00 ~402.00 . 4~942.00 $36,516,00 $10,000.00 $2,172.00 $48,688.00 It was explained that funding for the local match is included in the fiscal year 1987-88 Community Planning budget, in the amount of $10,000.00; that the Youth Grant application has been awarded; that state funding is in the amount of $36,516.00; and Council's acceptance of State funding and appropriation of local cash match is needed if the Office on Youth Program is to continue after June 30, 1987. The City Manager recommended that Councll authorize the following: Acceptance of Department of Corrections Grant #87-I-88 through the execution of the proper forms by the City Manager or his designated represen- tative. Appropriation of $46,516.00 to accounts to be established by the Director of Finance for the program, $36,516.00 will be refunded by the Oepart- merit of Corrections. Authorize the transfer of $10,000.00 from the Com- munity Planning budget, Account No. 001-052-8110- 9536 to this program as the City's cash match needed to operate the program for fiscal year 1987-88 to the Grant Program Fund. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget Ordinance: (#28718) AN ORDINANCE to amend and reordain certain sections of the 1987-88 General and Grant Funds ApprOpriations, and providing for an energency. (For full text of Ordinance, see Ordinance Book No. 50, page 256.) Nr, Trout moved the adoption of the Ordinance. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council members Musser, Trout, BOwers, Bowles, Garland, HarVey and Mayor Taylor ........................... NAYS: None ..................................................... O. Mr. Trout offered the following Resolution: (#28719) A RESOLUTION authorizing the acceptance of a Delinquency Prevention and Youth Development Act Grant made to the City of Roanoke by the Commonwealth of Virginia Department of Corrections and authori- zing the acceptance, execution and filing of the "Special Conditions" with the Department of Corrections for this grant for the purpose of continuing coordinated planning and youth services program implemen- tation by the City's Office on Youth until June 30, 1988. (For full text of Resolution, see Resolution Book No. 50, page 257.) Mr. Trout moved the adoption of the Resolution. The motion was seconded by Mrs. Bowles and adopted by the following vote: 393 394 ACTION: ACTION: AYES: Council members l~sser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor ................. NAYS: None ..................................................... O, BUDGET-GRANTS: The City Manager submitted a written report advising that the Director of Human Resources was made aware of a Local Government Challenge Grant available through the Virginia Commission for the Arts; that Local Government Challenge Grant funds are available on a fifty-fifty matching basis, fifty per cent state and fifty per cent local; and application for the 9rant was made at the request of the Roanoke Valley Arts Council and the Roanoke Symphony Society. It was explained that notification by the Commission for the Arts to the Human Resources Director has been received and a grant of $4,500.00 is available; that the grant will supplement funds already appropriated from the City to the two organizations through the Citizens' Services Committee; that local funds will meet the fifty- fifty match; and the grant funds of $4,500.00 are to be divided evenly between the abovenamed agencies. The City Manager recommended that Council concur in and accept the $4.500.00 grant from the Virginia Commission for the Arts by authori- zing that funds be appropriated to an account to be established by the Director of Finance in the Grant Fund, and authorize the City Manager 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.) Mrs. Bowles offered the followin9 emergency budget Ordinance: (#28720) AN ORDINANCE to amend and reordain certain sections of the 1987-88 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 50, page 258.) Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council members Musser, Trout Bowers, Bowles, Garland, Harvey and Mayor Taylor ............. ' .. NAYS: None ..................................................... O. Mrs. Bowles offered the following Resolution: (#28721) A RESOLUTION accepting a Local Government Challenge Grant from the Virginia Commission for the Arts. (For full text of Resolution, see Resolution Book No. 50, page 258.) Mrs. Bowles moved the adoption of the Resolution. The motion was seconded by Mr. Garland and adopted by the following vote: AYES: Council members Musser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor .................... NAYS: None ..................................................... O. PUBLIC ASSISTANCE-SALVATION ARNY: The City Manager submitted a written report advising that the Salvation Army applied through the Citizens' Services Committee for City funds as follows: $25,000.00 to operate a program for the homeless. $25,000.00 to operate a shelter for battered WOmen. ACTION: ACTION~ It was explained that the City Attorney, through a written opinion dated April 23, 19B6, has stated that the City may contract with the Salvation Army, a church or sectarian institution, as long as the contract is for the care of indigent, sick, or injured persons, and payntent of City funds under any contract does not exceed the fair market value of servtces rendered; and the Citizens' Services Corr~tttee recommended an appropriation of $17,500.00 for fiscal year 1987-88 to be used for either program, and Council concurred in the recommen- dation. The City Manager recommended that Council approve execution of a contract by the City Manager or his designee with the Salvation Army for payment of services delivered by the Battered Women's Program to City citizens, subject to approval of the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Harvey offered the following Resolution: (#28722) A RESOLUTION authorizing the execution of a contract with the Salvation Army for payment for services rendered City resi- dents through the Battered Women's Program. (For full text of Resolution, see Resolution Book No. 50, page 259.) Mr. Harvey moved the adoption of the Resolution. The motion was seconded by Mr. Bowers and adopted by the following vote: AYES: Council members Musser, Trout, Bowers, Bowies, Garland, Harvey and Mayor Taylor .................. _ NAYS: None .................... CELEBRATIONS: The City Manager submitted a written report advising that the Roanoke Special Events Committee was appointed by Council to plan and implement ca~munity wide events; that family-type events must be planned and implemented as well as adult events; that objectives of the committee are to create entertaining and fun type events, attracting local citizens, as well as bringing thousands of other people to Roanoke; that Country Livin' Festival is planned for Victory Stadium and Armory on July 29, 30, 31 and August I and 2, 1987, and is a fair-type event including carnival rides, crafts, an Old MacDonald's Farm, country foods, exhibitions and shows. It was explained that criteria established by Resolution No. 24982, for waiving fees for Victory Stadium's use has been met as the committee is tax exempt; that net proceeds will be used by the commit- tee for ongoing events; and the Committee has obtained public liability insurance, in an amount of $1,000,000.00 per occurrence, with the City of Roanoke named as a co-insured and, in addition, the committee will agree to indemnify and hold harmless the City from potential liabili- ties. The City Manager recommended that Council waive Victory Stadium and Armory rental fees and grant concession rights to the Roanoke Special Events Committee for the Country Livin' Festival on duly 29, 30, 31 and August I and 2, 1987. (For full text, see report on file in the City Clerk's Office.) Mr. Harvey offered the following Resolution: (#28723) A RESOLUTION waiving the standard rental fee for use of certain City facilities for a Country Livin' Festival and Fair, and granting concession rights in conjunction with such festivals. (For full text of Resolution, see Resolution Book No, 50, page 259.) Mr. Harvey moved the adoption of the Resolution. The motion was seconded by Hr. Trout and adopted by the following vote: 395 396 ACTION: ACTION: AYES: Council members Masser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor .............................................. 7. NAYS: None ..................................................... O. SEWERS AND STORH DRAINS-WATER DEPARTMENT: The City Manager sub- mitted a written report concurring in a report of the Bid Committee with reference to water and sewage treatment chemicals, recon~ending that Council award bids for supplying water and sewage treatment chemi- cals to the City for the period duly 1, 1987, through dune 30, 1988, as follows: Liquid Chlorine to Van Waters and Rogers for $45,00 cwt. for 150 pound cylinders and $22.50 cwt. for 2,000 pound cylinders. Liquid Alum - to General Chemical Corporation for $.315g per gallon. Standard Ground Alum - to Suffolk-Gowen Chemical for $218.80 per ton plus $5.00 per invoice for insurance surcharge. Reject all other bids. (For full text, see reports on file in the City Clerk's Office.) Mr. Bowers offered the following emergency Ordinance: (#28724) AN ORDINANCE accepCing certain bids made for providing chemicals for water and sewage treatment; rejecting other bids; and providing for an emergency. (For full text of Ordinance, see Ordinance Book NO. 50, page 260.) Mr. Bowers moved the adoption of the Ordinance. The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council members Musser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor ................................ . 7 NAYS: None ......................... _ BUDGET-REFUSE COLLECTION-EQUIPMENT: The City Manager submitted a written report concurring in a report of the Bid Committee with reference to refuse vehicular equipment, recommending that Council accept the bid meeting specifications submitted by Fulton Trucks, Inc., to provide two new refuse vehicles cab/chassis, for a total amount of $130,6qg.00; and appropriate $130,649.00 from Capital Maintenance and Equipment Replacement Program to Refuse Collection Department Account No. 001-052-4210-9010, to provide funds for the purchase. (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowl es offered the following emergency budget Ordinance: (#28725) AN ORDINANCE to amend and reordain certain sections of the 1987-88 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 50, page 261.) Mrs. Bowles moved the adoption of the Ordinance. The motion was seconded by Mr. Bowers and adopted by the following vote: AYES: Council members Musser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor .................. _ NAYS: None ......................... .. ACT[ON: Hms. Bow1 es offered the following emergency Ordinance: (#28726) AN ORD[N^NCE providing for the purchase of refuse collection vehicular equipment for use by the City, upon certatn terms and conditions, by accepting a bid made to the City for furnishing and delivering such equipment; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 50, page 261.) Hrs. Bo~les moved the adoption of the Ordinance, The motion was seconded by Hr. Bowers and adopted by the following vote: AYES: Council members Musser, Trout, Rowers, Rowles, Garland Harvey and Mayor Taylor .................... , NAYS: None ..................................................... O. CITY ATTORNEY: 397 mACTION: CITY ATTORNEY-PLANNING: The City Attorney submitted a written report in connection with the Suprene Court Ruling - First English Evangelical Lutheran Church of Glendale v. Count~ of LOs Angeles, California, which is of great interest to those involved in local land use regulation and has already generated much commentary and specula- tion, advising that after reviewing the Court's decision, it is his opinion that the decision, while not the result desired by local government, is not as far reaching as developers and their attorneys and some accounts in the press have suggested. Mr. §ibling advised that his office will continue to be sensitive to the issues raised in First Lutheran Church v. Los Angeles CountT, and has and will recommend preventive measures to minimize circumstan- ces where a landowner will be able to claim that his property has been "taken" by virtue of the effect of a City regulation. (For full text, see report on file in the City Clerk's Office.~ % Mr. Harvey moved that the report be received and filed. The motion was adopted by Mr. Garland and unanimously adopted, CITY CODE: The City Attorney submitted a written report advising that it has been the recent custom of Council to reenact and recodify 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 is a housekeeping procedure to insure that the ordinances codified in the City Code are not subject to challenge on the basis that State statutes incorporated by reference by Council have been amended subsequent to Council action. It was explained that the Code of the City of Roanoke (197g), as amended, incorporates by reference certain specific provisions of the Code of Virginia (1950) as amended; that incorporation by reference is frequently utilized in order to prevent having to set out lengthy pro- visions of State statutes in their entirety; and the technique also insures that local ordinances are always consistent with State law as is generally required. It was further explained that the Attorney General has ruled that local governing bodies may adopt statutes by reference and may also adopt statutory amendments by. reference, provided that the action by the local governing body is subsequent to the action of the General Assembly; and by readopting and reenacting the Code of the City of Roanoke (lg7g), as amended, the procedure reconanended by the Attorney General will be followed. The City Attorney recommended that Council adopt a measure readop- ting and reenacting the Code of the City of Roanoke (1979), (For full text, see report on file in the City Clerk's Office.) 398 ACTION: ACTION: Mr. BoWers offered the following emergency Ordinance: (#28727) AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (I979), as amended; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 50, page 262.) Mr. Bowers moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council members I~sser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor .......................... _ NAYS: None ............................. SCHOOLS: The City Attorney submitted a written report advising that action was taken by the 1987 Session of the General Assembly requiring amendment of the School Board appointment process; that in 1978, Council adopted a very progressive School Board selection proce- dure which encourages publlc scrutiny and comment with respect to applicants; that in 1985, the General Assembly enacted §22.1-29.1, Code of Virginia (1950), as amended, which requires public notice and a public hearing prior to the appointment of School Board members; that the City of Roanoke was already in substantial compliance and the 1987 Session of the General Assembly added the following sentence to §22.1029,1: "No nominee or applicant whose considered at a public hearing as a'School Board member." name has not been shall be appointed It was explained that apparently this sentence was added because some localities had held "generic" public hearings which allowed public co~)~ent with respect to School Board members in general, but without the public's being apprised of the identity of those persons under con- sideration for appointment by the local governing body, noting that the City of Roanoke has never held this type of public hearing. The City Attorney recommended that Council adopt an ordinance which includes the new prohibition against appointment to the School Board of any person w~ose name has not been considered at a public hearing; that compliance with this new State requirement can be achieved either by publishing the names of the persons under con- sideration for appointment prior to the public hearing or by reading a list of the names of the persons under consideration at the time of the public hearing. (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: (#28728) AN ORDINANCE amending and reordaining §§9-20.1, Public ~eari, ng before appo,intment of school board members, and 9-23, Art-FE)-~T~ not applicable to filling Qf ~Fancies not caused by orqinary ~pi'ra- tion, of term~ purbiic, 'hqaring exception, of the Code of t'be City of R~oke (1979), a's amended, to provide that any nominee to the School Board must first be considered at a public hearing, (For full text of Ordinance, see Ordinance Book No. 50, page 273.) vote:The motion was seconded by Hr. Bowers and adopted by the following AYES: Council members Husser, Trout, Bowers, Bowles, Garland, Narvey and Mayor Taylor .................... NAYS: None ....................... m m ACT[ON: REPORTS OF COMMITTEES: CIVIC CENTER: A report of the Roanoke Civic Center Commission recommending that Council accept the bid of Daktronics, Inc,, to pro- vide a double-faced outdoor electronic, four-part color display sign at no cost to the City at the Roanoke Civic Center, noting that the pro- posal of Daktronics includes use by Dominion Bank for advertising on the sign and electronic message center for a period not to exceed ten years, was before the body, It was explained that the need for an outdoor electronic sign and message center is necessary to support Civic Center events; that Daktronlcs, Inc., meets a11 required specifications; and funding for the sign would be provided by Dominion Bank pursuant to agreement bet- ween Daktronics and Dominion Bank in exchange for advertising on the sign and the electronic message center, The City Manager submitted a written report concurring .in the recommendation of the Roanoke Civic Center Commission. (For full text, see reports on file in the City Clerk's Office.) Mr, Garland moved that the following Ordinance be placed upon its first reading: (#28729) AN ORDINANCE accepting a bid made to the City to provide and install an outdoor electronic sign at the Roanoke Civic Center, upon certain terms and conditions, and rejecting a certain other bid, (For full text of Ordinance, see Ordinance Book No. 50, page 274.) The motion was seconded by Mr. Musser and adopted by the following vote: AYES: Council members Musser, Trout, Bowers, Bowles, Garland and Harvey ............................................................... 6. NAYS: None ..................................................... O. (Mayor Taylor abstained from voting inasmuch as he serves on the Board of Directors of Dominion Ba~k.) BUDGET-CITY MARKET-PARKING GARAGE: Council member Robert A. Garland, Chairman of a committee appointed by the Vice-Mayor to tabu- late bids received for the construction of the Orris - Roanoke retail store in the Market Square Parking Garage, presented a written report on behalf of the committee recommending the following: Award a lump stan contract, in the amount of $145,000.00 and fifty consecutive calendar days to Building Specialists, Inc., of Salem, Virginia, according to the contract documents as prepared by Robert G. Lyon Associates, Inc., Architects/Design Group and by the Office of the City Engineer. Authorize the City Manager, upon receipt of the required letter of credit in the amount of $95,000.00 from Orvis, to enter into a contractual agreement with Building Specialists, Inc., for the construction of Orris - Roanoke Retail spaces in the Market Square Parking Garage according to the contract documents as prepared by Robert G. Lyon Associates, Inc., Architects/Design Group of Chicago, Illinois, and the City Engineer's Office for the sum of $145,000.00 and fifty consecutive calendar days. Authorize the Director account receivable for from Orris. of Finance to establish an $g5,000.00 to be received 399 4OO ACTION: ACTION: Appropriate $145,000,00 in an account to be established by the Director of Ftnance, $95,000,00 from Orris and the transfer of $50,000,00 from Capital Fund Account No, 008-056-9550-9065 to the new project account, Reject the other bids received, A report of the City Manager concurring Committee, was before Council. in the report of the Bid (For full text, see reports on file in the City Clerk's Office.) Mr. Garland offered the followin§ emergency budget Ordinance: (#28730) AN ORDINANCE to amend and reordain certain sections of the 1987-88 Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 50, page 263.) Mr, Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council members Musser, Trout, Bowers, Bowl es, Garland, Harvey and Mayor Taylor .............................................. 7. NAYS: None ..................................................... Mr. Garland offered the following energency Ordinance: (#28731) AN ORDINANCE accepting the bid of Building Specialists, Inc., for construction of a retail store in the Market Square Parking Garage for lease to Orris Roanoke, Inc., upon certain terms and con- ditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting al) other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 50, page 263.) Mr. Garland moved the adoption of the Ordinance. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council members Musser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor .............................................. 7. NAYS: None ..................................................... O. WATER DEPARTMENT: Council member Elizabeth T. Bowles, Chairman of the Water Resources Committee, presented a written report on behalf of the coffwnittee, recommending that Council authorize the appropriate City officials to execute the documentation necessary to permit an inflows rain gauge to be installed on City property in the Carvins Cove Watershed, with the location to be in the area of the concession stand at the boat landing, and the form of agreement to be subject to appro- val by the City Attorney, A staff report pointed out that severe flooding of the past several years has demonstrated the need for a flood warning system in the upper Roanoke River Watershed; that the Corps of Engineers has developed a plan which includes a number of autemattc rain and stream flow gauges at various locations in the watershed; and one gauge loca- tion is in the Carvins Cove Watershed which will be located in the area of the concession stand at the boat landing. (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowles moved that the following Ordinance be placed upon its first reading: (#28732) AN ORDINANCE authorizing the City Manager to execute a Radio Reporting Rain Gauge Site Agreement with the National Weather Service. ACTION: (For full text of Ordinance, see Ordinance Book NO. 50, page 274°) The motion was seconded by Mr. Harvey and adopted by the following vote: AYES: Council members I~sser, Trout, Bowers, Bowles, Garland, Narvey and Mayor Taylor .............................................. 7. m NAYS: None ................................ n m WATER I}6PARTMEHT: Council member Elizabeth T. Bowles, Chairqnan of the Water Resources Committee, presented a written report on behalf of the committee, recommending that Council authorize the appropriate City officials to execute an Appalachian Power Company Indenture granting an overhead power line easement across the Back Creek Reservoir property downstream from the U. S. g20 Bridge. A staff report pointed out that the City acquired property in the then proposed Back Creek Reservoir area in 1976; that the area extends along Back Creek from Sun Valley Swim Club at U. S. 116 to U. S, 220 below Clearbrook; that a reservoir proposal is currently being held in reserve pending development of alternate sources of water; that Sarah Thierry has purchased property on the south side of Back Creek down- stream from U. S. 220 and has a residence under construction; that the only feasible route that overhead electric power can follow crosses City owned property; that Hs. Thierry has asked that the City grant APCo's request for the easement; and the City Administration has requested that the Indenture require APCo to remove or relocate the line should it interfere with development of the reservoir. (For full text, see reports on file in the City Clerk's Office.) Mrs. Bowles moved that the following Ordinance be placed upon its first reading: ACTION: (~28733) AN ORDINANCE authorizing execution of an indenture bet- ween the City and Appalachian Power Company, (For full text of Ordinance, see Ordinance Book No. 50, page 2?$.) The motion was seconded by Mr. Garland and adopted by the follow- ing vote: AYES: Council members Husser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor .............................................. 7. NAYS: None ..................................................... O. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: AIRPORT: Hrs. Bowles offered the following resolution commending service of the Airport Advisory Commission: (A28734) A RESOLUTION commending the membership of the Airport Advisory ~ommisston for their meritorious service to the City and the traveling public. ACTION: (For full text of Resolution, see Resolution Book No. 50, page 264.) Mrs. Bowles moved the adoption of the Resolution. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council members Musser, Trout, Bowers, Bowles, Garland and Mayor Taylor ......................................................... NAYS: None ..................................................... O. (Council member Narvey abstained from voting inasmuch as he serves as Council's liaison member to the Airport Advisory Commission.) 401 402 ACTION: ACTION: ACTXON: ACTION: MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE. OTHER BEAR[HGS OF CITIZENS: NONE. At 10:25 p.m., the Mayor declared the meeting in recess. At 11:20 p.m., the meeting reconvened in the Council Chamber, with Mayor Taylor presiding, and all members of the Council in attendance. Mrs. Bowles moved 11:00 p.m., deadline. nimously adopted. that the Council meeting be extended beyond the The motion was seconded by Hr. Garland and una- OFFICE ON YOUTH: The Mayor advised that there is a vacancy on the Youth Services Citizen Board created by the resignation of Geneva S. Male for a term ending May 31, 1990, and called for nominations to fill the vacancy. Mr. Harvey placed in nomination the name of d. William Stephens. There being no further nominations, Mr. Stephens was elected as a member of the Youth Services Citizen Board for a term ending May 31 1990, by the following vote: ' FOR MR. STEPHENS: Council members Russet, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor ..................................... 7. PARKS AND PLAYGROUNDS: The Mayor advised that the one year term of Samuel S. Bulbin as a member of the Mill Mountain Development Committee expired on dune 30, 1987, and called for nominations to fill the vacancy. Mr. Trout placed in nomination the name of L. Thompson Banes. There being no further nominations, Mr. Hanes was elected as a member of the Mill Mountain Development Committee for a term of one year ending dune 30, 1988, by the following vote: FOR MR. HANES: Council members Musser, Trout, Bowers, Bowles, Gar.land, Harvey and Mayor Taylor ..................................... 7. WATER DEPARTMENT-LANDMARKS: The Mayor advised that the one year terms of Lucian A. Durham, dr., and James N. Kincanon as members of the Advisory Committee Crystal Spring Pumping Station, expired on June 30, 1987, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the names of Lucian A. Durham, dr., and James N. Kincanon. There being no further nominations, Messrs. Durham and Kincanon were reelected as members of the Advisory Committee - Crystal Spring Pumping Station, for terms of one year each ending dune 30, 1988, by the following vote: FOR MESSRS. DURHAM AND KINCANON: Council members Musser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor ..................... 7. EMERGENCY MEDICAL SERVICES: The Mayor advised that the one year terms of John W. Eure, Sidney F. Bobertson, Lewis W. Peery and Warren E. Trent as members of the Emergency Medical Services Advisory Committee expired on June 30, 1987, and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the names of John W. Eure, Sidney Robertson, Lewis W. Peery and Warren E. Trent. There being no further nominations, Messrs. Eure, Robertson, Peery and Trent were reelected as members of the Emergency Medical Services Advisory Committee for terms of one year each ending dune 30, 1988, by the following vote: ACTION: ACTION: ACTION: ACTION: ACTION: FOR MESSRS. EURE, ROBERTSON, PEERY AND TRENT: Council members Musser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor ...... 7. Mrs. Bowles moved that the for Messrs. Robertson and Trent. and unanimously adopted. City residency requirement be waived The motion was seconded by Mr. Bowers PARKS AND PLAYGROUNDS: The Mayor advised that the one year term of Robert N. Fishburn as a member of the Mill Mountain Development Committee expired on dune 30, 1987, and called for nominations to fill the vacancy, Mrs. Bowles placed in nomination the name of Robert N. Fishburn. There being no further nominations, Mr. Fishburn was reelected as a member of the Mill Mountain Development Committee for a term of one year ending dune 30, 1988, by the following vote: FOR MR. FISMBURN: Council members Musser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor ..................................... 7. ROANOKE ARTS C~iMISSION: The Mayor advised that the three year terms of Anne B, Macfarlane and Lee W. Winborne as members of the Roanoke Arts Commission expired on dune 30, 1987; that Ms. Wlnborne has declined to serve another term; and called for nominations Lo fill the vacancies. Mrs. Bowles placed in nomination the name of Anne B. Macfarlane. There being no further nominations, Ms. Macfarlane was reelected as a member of the Roanoke Arts Commission for a term of three years ending dune 30, 1990, by the following vote: FOR MS. MACFARLANE: Council members Masser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor ............................. 7. CELEBRATIONS: The Mayor advised that the one year terms of Linda E. Hart-Copenhaver, Rose Ann Burgess, Kathryn K. Buchanan and Samuel G. Oakey, Jr., as members of the Special Events Committee expired on dune 30, 1987; that Ms. Hart-Copenhaver and Ms. BurBess have declined to serve another term; and called for nominations to fill the vacancies. Mrs. Bowles placed in nomination the names of Kathryn K. Buchanan and Samuel G. Oakey, Jr. There being no further nominations, Ms. Buchanan and Mr. Oakey were reelected as members of the Special Events Committee for terms of one year each ending June 30, 1988, by the following vote: FOR MS. BUCHANAN AND MR. OAKEY: Council members Musser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor ..................... 7. Mrs. Bowles moved that the City residency requirement be waived for Ms. Buchanan. The motion was seconded by Mr. Bowers and unani- mously adopted, WAR MEMORIAL: The Mayor advised that the one year term of William B. Bagbey as a member of the War Memorial Committee expired on dune 30, 1987, and called for nominations to fill the vacancy. Mrs. Bowles placed in nomination the name of William B. Bagbey. There being no further nominations, Mr. Bagbey was reelected as a member of the War Memorial Committee, for a term of one year ending dune 30, 1988, by the following vote: FOR MR. BAGBEY: Council members Musser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor ..................................... 7. 40:3 404 INDUSTRIES: The City Manager submitted a written report advising that competition in industrial recruitment in economic development has made tile construction of speculative industrial space a necessary com- ponent of a locality's prospective marketing program; that many cnn- munities in Virginia have constructed speculative buildings, including Danville and Montgomery County and have found that thetr buildings generate increased interest among prospective industries; that the City's industrial recruitment progr$n is currently hampered by a lack of suitable, large-scale, 50,000 square feet or over industrial buildings; and a majority of industrial prospects needing large facili- ties initially look for existing buildings, and prefer not to have to construct a new facility. It was explained that the City of Roanoke's Economic Development Commission early this year initiated discussions with the Greater Roanoke Valley Development Foundation (GRVDF), local financial institu- tions and the Roanoke Redevelopment and Housing Authority (RRHA) regarding forming a public-private partnership for the purpose of constructing a speculative, shell industrial building in the City of Roanoke; that the City of Roanoke would initiate the building program by giving the Housing Authority Site 10 in the Roanoke Centre for Industry and Technology and conditions under which the City of Roanoke will make this gift include the following: Consortium of financial institutions would work together to loan the GRVDF necessary funds to construct a building of no less than 70,000 square feet. The exact building size will be determined by the City of Roanoke in cooperation with the GRVDF and RRHA. RRHA would sell Site 10 (13.7 acres) to the GRVDF. Payment for site would be deferred until the speculative building and land is sold. The value of the land would be $191,800.00. The City, which will retain the right to approve the final sale of the deve- loped property, in approving the terms of sale, could agree to a reduction in the price. Proceeds from the sale of the land in Site 10 will be returned to the City's capital account for future economic development use, if funds remain after the GRVDF pays its costs asso- ciated with the building of the shell building. e The City of Roanoke and the RRHA will not be responsible for making any kind of payments on the loan should the building not sell. The City of Roanoke shall be responsible for the marketing of the building. ~1 promo- tional materials and listings with the State economic development agency, realtors and location consultants would show the City Office of Economic Development as contact point. All prospect inquiries Would come to the City Economic Development Office, and in turn, the City Economic Development Office would be present at all building showings. After initial showings, the City, the GRVOF, RRHA, and Economic Development Commission will determine the desirability of a prospect. City will do the survey and subdivision work. RRHA sale to the GRVDF will be unsecured. The details of the transaction are set forth in a draft of the proposed agreement (Exhibit B) among the Ctty, RRHA and the GRVDF. The City's Office of Grants Compliance has determined that no federal funds were used by the City in acquiring Site 10 and that no spe- cial federal requirements will be imposed upon developers of Site 10 by virtue of the funding used to acquire the property. The City Manager recor~nended that the Mayor be authorized to sign a subdivision plat for Site 10, a 13.7 acre parcel, in the Roanoke Centre for Industry and Technology; that the City Manager be authorized to execute an agreement giving Site 10 to the Roanoke Redevelopment and Housing Authority for the purpose of constructing a shell industrial building, as described more fully in the report; that the Mayor be authorized to execute the requisite deed of gift of Site 10 to the Mousing Authority; and approve the Housing Authority's transfer of Site 10 to the Greater Roanoke Valley Development Foundation upon a deferred payment basis, with the deed of gift including an access easement across City property for storm drainage (Official Tax No. 720010§) to serve Site 10. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the following Ordinance be placed upon first reading: its ACTION: (#28735) AN ORDINANCE authorizing the execution of an agre~nent for the development of an industrial building within the Roanoke Centre for Industry and Technology; authorizing the subdivision of certain land within the Centre necessary for such project; and authorizing the execution of a deed conveying as a gift a portion of the subdivided property, and a storm drainage easement related thereto, to the City of Roanoke Redevelopment and Mousing Authority for use In connection with such development. (For full text of Ordinance, see Ordinance Book ltD. 50, page 265.) The motion was seconded by Mr. Bowers and adopted by the following vote: AYES: Council members Musser, Trout, Bowers, Bow1 es, Garland, Harvey and Mayor Taylor ......................... NAYS: None ............................. There being no further business, the Mayor declared the meeting adjourned at 11:25 p,m. ATTEST: City C1 erk APPROVED Mayor Roanoke, Virginia July 13, 1987 Honorable Mayor and City Council Roanoke, Virginia Dear Mayor and Members of Council: Dear Mayor and Members of Council: Please reserve space on today's agenda for an Executive Session to discuss a matter involving the disposition of publicly held property, pursuant to Section 2.1-344(a)(2) of the Code of Virginia (1950), as amended. Respectfully submitted, W. Robert Herbert City Manager WRH/ga CC: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Finance Director Roanoke, Virginia July 13, 1987 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: This is to request an executive session of Council pursuant to Sectiom 2.1-344(a)(2), Code of Virginia (1950), as amended, to discuss acquisition of real property for public purpose. Respectfully submitted, W. Robert Herbert City Manager /mpf WILBURN C, DIBLING, JR. OFFICE OF THE CITY AT'FORNEY ,464 MUNtCIPAL BUILDING ROANOKE, VIRGINIA 24011 703-981 ~2431 July 13, 1987 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: This is to request an Executive Session pursuant to §2.1-344(a)(6), Code of Virginia (1950), as amended, in order to discuss a matter of pending litigation. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney WCD :WMH: fc f cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk Offlce o~ rhe Oly (3en~ July 15, 1987 File #87 Ms. Rose Ann Burgess 2748 Bluefield Boulevard, Roanoke, Virginia 24015 Dear Ms. Burgess: Your communication tendering your resignation as a member of the Special Events Committee, was before the Council of the City of Roanoke at a regula, r meeting held on Monday, July 13, 1987. On motion, duly seconded and unanimously adopted, the com- munication was received and filed and your resignation was accepted with regret. The Council requested that I express its sincere appreciation for the many services you have rendered to the City of Roanoke as a member of the Special Events Committee. Please find enclosed a Certificate of Appreciation issued by the Mayor on behalf of the members of City Council. MFP:rla S i ncere ly,Y/~12~,,~..- Mary F. Parker, CMC City Clerk cc: Mr. E. Laban Johnson, Special Events Coordinator RO0~ 456 Mu~lc:lpal B~lldlng 215 ~ Av~lue, S.W. I~oonoke, Vlrgt~to 2401 t (703) 981-2541 July 6, 1987 His Honor, Noel C. Taylor Mayor, City of Roanoke 215 Church Ave., SW Roanoke, Virginia 24011 Dear Sir: It has been with great pleasure that I have had the opportunity to serve the city of Roanoke on the Special Events Committee and the Roanoke Centennial Committee for the past seven years. However, my various employment commitments make it imprac- tical for me to continue service on this committee at the present time. The highlights of my involvement include the events of the Roanoke Centennial Celebration: The Centennial Parade, the 611 train ride, presenting slide and lecture programs to civic organizations, serving as chairman o£ two major events - including the music program at the Roanoke Civic Center Coliseum presented by 2000 students in the Roanoke City Public Schools. It has been indeed an honor to have served the city of Roanoke on these committees. It is with regret that I will be unable to serve on this Special Events Committee for the next term. cc: members of City Council Mr. Laban Johnson Sincerely, Rose Ann Burgess JOHN P. FISHWICK July 7, 1987 The Honorable Noel C. Taylor Mayor, City of Roanoke Municipal Building Roanoke, VA 24011 Dear Mayor Taylor: I regret to have to advise you that Mrs. Fishwick, a member of the Roanoke City Arts Commission, died on June 30. She had a pervasive interest in the arts, and she felt highly honored that City Council appointed her to the Commission. While it was given her to serve only a short period of time, she was intensely interested in the Commission's work. Will you please accept for yourself and express to the other members of the Council our deep appreciation for giving her this honor during the last months of her life. Sincerely, cc: Mr. Timothy Jamieson Mr. James O. Trout ()~flce ~ ~he O~ Oerk July 15, 1987 File #323-15 Mr. Evans B. Jessee, Chairman Roanoke Public Library Board 2621 Crystal Spring Avenue, S. Roanoke, Virginia 24014 Dear Mr. Jessee: This is to advise you that Leo Platt the Roanoke Public Library Board for June 30, 1990. has qualified as a member of a term of three years ending Sincerely, ~~ Mary F. Parker, C~C City Clerk MFP:rla cc: Ms. Margaret E. Kiser, Acting Librarian 456 Municipal I~Jlldlng 2t50nuro~ A~-,nue, S.W. I~oonoke, Virginia 24011 (703) 981-254.1 0-2 ' :AttirmaTIon of Office ~t~ o~ g~.~.~, c~ oi n~t~o~,',1~o--'~: I, L~C' '.r"l ~t~ , do solemnly swear (or ~rm) ~at w~l sup~rt the Constitution of the United States. and the Constitution of the State of Virginia, and that will faithfully and impa~ially discharge and perform all the duties incumbent upon me as a Member of the Roanoke Public Library Board for a term of three ~ears ending June 30, 1990. according to the best of my ability. So help me God. Subscribed and sworn to before ~ne, this-- COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 22nd day of June, 1987, LEO PLATT was reelected as a Member of the Roanoke Public Library Board for a term of three years, ending June 30, 1990. Given under my hand and the seal of the City of Roanoke this 30th day of June, 1987. City Clerk July 15, 1987 File #467-15 Dr. Charles L. Downs Virginia Western Community College P. 0. Box 14065 Roanoke, Virginia 24038 Dear Dr. Downs: This is to advise you that Lawrence H. Hamlar has qualified as a member of the Virginia Western Cowznunity College Board for a term of four years ending June 30, 1991. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:rla Roo~456 Munlcl¢~alBulldlng 2'15 Church Av~ue, S.W. Roonoi~.~rglnla24011 (703)981-254t 0-2 Oafh or Affirmation of Office State oS V~¥ginia, Cit3t o~ Roanoke, to .u~t: I, I~awrer, ce t!, lt~ml Br ., do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and i~npartially discharge and perform all the duties incumbent upon me as a M~r~.ber of the Virginia Western Community College Board for a term of four years endin!~ June 30, 1991. according to the best of my ability. So help me God. COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 22nd day of June, 1987, LAWRENCE H. HAMLAR was reelected as a Member of the Virginia Western Community College Board for a term of four years, ending June 30, 1991. Given under my hand and the seal of the City of Roanoke this 30th day of June, 1957. City Clerk Office of ~he O~ Oerk July 15, 1987 File #200-15 The Honorable Charles R. Fifth Planning District 622.01ney Road Vinton, Virginia 24179 Hill, Chairman Commission Dear Mr. ltill: This is to advise you that J. T. Hopkins, Jr., has qualified as a member of the Fifth Planning District Commission for a term of three years ending June 30, 1990. MFP:rla cc; Sincere ly, Mary F. Parker. CMC City Clerk Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Roo~n 456 Municipal Building 215 (3~urch Av~w~ue, $.W. Roanoke, Vlrglnla 24011 (703) 981-2541 0-2 Oath or Affirmation of Office State o] Virginia, City o] Roanoke, to .wit: I, ~. T. HOI? blng: ,lt. ,do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartla]ly discharge and perform all the duties incumbent upon me ss a Member of the Fit%h Plannino ~istrtct Commission Cot a term of three years ending June 20, 1990. according to the best of my ability. So help me God. Subscribed and sworu to before me, this ? . day ,~. ~ _ . , Deputy Clerk COMMONWEALTH OF VIRGINIA ) ) To-wi t: CITY OF ROANOKE ) It Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereoft do hereby certify that at a regular meeting of Council held on the 22nd day of Junej 1987, J. T. HOPKINSt JR. was reelected a8 Member of the Fifth Planning District Cor~ission for a term of three years, ending June 30, 1990. Given under my hand and the seal of the City of Roanoke this 30th day of June, 1987. City Clerk Pending Items from July 10, 1978, through June 22, 1987. Referral Date Referred To Item 7/10/78 City Manager Reco~rrendation No. 11 contained in the Mayor's 1978 State of the City Message. (Development of Mill Mountain - hotel.) 8/12/85 City Manager Mayor's 1985 State of the City recorrmendation No. i - establish- ment of a working relationship with the volunteer rescue squads and the Roanoke Historical Society for the purpose of establishing a mise~ and national headquarters for volunteer rescue squads in the City. 8/25/86 City Manager Mayor's 1986 State of the City recorm~ndation No. 6 streng- thening the City's relationship with Virginia Tech. 11/17/86 City Manager City Attorney Director of Finance Question of reinstating security officers at Roanoke Regional Airport, Woodr~n Field, and Carvins Cove Reservoir, as police officers. 2/23/87 Regional Cable Television C~?mittee Request of Cox Cable Roanoke for a renewal of their franchise agreement in order to simplify and clarify language, make cer- tain additions and deletions, and extend the term. 4/27/87 City Manager Report of the City Planning Com- mission recommending the renaming of the Kimball Avenue/Hollins Road, N. E. and f~llins/Read Road, N. E. Thoroughfares. 5/4/87 Robert A. Garland George C. Snead, Jr. WilliamF. Clark Bids for flood damage repair of East and West Stands, Victory Stadit~n. 6/1/87 City Manager Report regarding the homeless. 6/15/87 Robert A. Garland William F. Clark Jomes D. Ritchie Bids for alterations and addi- tions to the Knights of Pythias Building for the Fifth District Er~ployment and Training Consor- tim. Pending Items from July 10, 1978, through June 22, 1987. Referral Date Referred To Item 6/22/87 Robert A. Garland William F. Clark Kit B. Kiser Bid for ir~rovements to the ten- nis courts at Shrine Hill Park. 6/22/87 Robert A. Garland WilliemF. Clark Kit B. Kiser Bids for 1987 Roof Replacement No. 2 - Roanoke Regional Airport Terminal Building Roof Levels G andH. (2) C~ce of the Mayor July 9, 1987 Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session on Monday, July 13, 1987, to discuss personnel matters relating to vacancies on various authorities, boards, corr~nissions and co~ittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. Sincerely, Noel C. Tayl Mayor NCT:se P~orn 452 Municipal Building 215 Church Avenue, S.W. Roonoke, Virginia 24011 (703) 981-2444 REVISED Office o~ the City C]e~ July 27, 1987 File #175 Mr. Roy E. Abbott 1118 Winona Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Abbott: Your communication with regard to concerns for the cause of apathy, was before the Council of the City of Roanoke at a regu- lar meeting held on Monday, July 13, 1987. On motion, duly ~econded and adopted, the comxnunication was received and filed. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra cc: Mr. Howard E. Musser, Vice-Mayor Mr. James G. Harvey, II, Council Member Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Room456 Munlc¥~lBulldlng 215~D~rchAve~ue,$,W. RoanoNe, Vlrglnla24011 (703)981-2541 July 15, 1987 File #175 Mr. Roy E. Abbott 1118 Winona Avenue, S. Wo Roanoke, Virginia 24015 Dear Mr. Abbott: Your communication with regard to concerns for the cause of apathy, was before.the Council of the City of Roanoke at a regu- lar meeting held on Monday, July 13, 1987. On motion, duly seconded and unanimously adopted, the com- munication was received and filed. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra cc: Mr. Mr. Mr. W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Room 45/) Municipal Building 215/:hutch A',~nue, $.W. Roanoke, Virginia 2~0t I (703) 981-254t REMARKS OF I~Dy E . ABBOTT AT THE REGULAR ~ET I NG OF COUNCIL JULY 13, 1987 - 7:30 P. M. Good evening Mayor, Merrl)ers of City Council--Ladies and Gentlemen: My name is Roy E. Abbott. I live at 1118 Winona Avenue, S. W. not represent any group - I speak as the Searcher for the Truth. I do After the last election, some of us were concerned about the voter turn out. ~l~hy was it so low? We concluded it was caused by public apathy. At that time, I wondered ~hat caused the apathy, and started to search for possible reasons. Looking through my notes of those citizens, I find what to this problem. the past several years and discussion with is likely to be the greatest contribution We have a City Council - City Manager form of goverrt~ent. City Council sets the policies and the City Manager carries out these poli- cies. Council cannot interfere or dictate to the City ~hnager his methods of operation. In 1979, City Council gave away its last vestige of authority when the General Asst~bly at the request of Council changed Paragraph #21, Powers and Duties of the Manager, Paragraph #21, paragraph B. "(B) Subject to the limitations contained in Section 7 of this 0larter and e~cept as otherwise provided in this I~rtarter, to the City Manager or his designees shall, appoint such city officers and err~loyees as the City Council determines necessary for proper acl~inistration of the affairs of the city, and the City Manager or his designees have the power to discipline the power to discipline and remove any such officer and e~r~loyees". This was deleted: But he shall report each appoint~r~nt and removal to the Council at the ne~t meeting thereafter following any such appoint- ment or removal, l~hich means he can hire, discipline, or remi~ve any ewtoloyee and not give Council a reason. Now since Council has no policies dealing with m~ral turpitude, there could be no decision to release an err~loyee under the City Manager. A notation on that, the City Code says see Mermelstein against Haner, 436 F. Supp. 238 (W.D. VA 1976). Now even though Council Members publicly stated that said err~layee had e~barrassed, disgraced City Management, City Council, and the City itself, and no doubt reduced his effectiveness in dealing with err~layees under him, at this time, this e~r~loyee has not recently been relieved of duty. The public wanders why, since there is an attacbraent to this, I won't read it. His irrmediate superior indicates that Wrtat an err~loyee does on his own time isn't anyone's business. Section 237, Subsections C and E reads as follows: "The officers and e~ployees of the city shall remain in their respective offices during the hours herein provided for and at such other times, including the days on which the offices rmy be closed pursuant to subsections (a) and (b) of this section, as the heads of the departments shall require, except when official business requires that they be absent therefrom. Section E: Notwithstanding any provisions of this section to the contrary, the City Manager, the Assistant City Manager and Directors by authority of the City Manager, the City Clerk, Director of Finance, City Attorney, the Municipal Auditor, the City Assessor, and the City Registrar, shall not acc~'r~late any equivalent time off for hours worked in addition to regular office hours, provided however, that any such officer may be absent from his office during regular office hours without penalty, so long as such absence does not interfere with the normal operations of such office. Now this apparently means that any member or rrembers of the top rr~na- g~nt group can spend as rruch time at the Jefferson Club, the YMCA, or any other function they wish. They can do property assessments on a construction co, pany, real estate agency, silent partnership or any other business venture they wish. They can come to work late, or not at all--and this is the kicker--so long as such absences do not inter- fere with the normal operation of such office. We turn now to the following exhibits. Note: (Pay attention to this), I have made no effort to determine the dates or the hours put into these projects since they are no violation of the law and they were protected by the City Code. Now I am turning to Exhibit A and B which indicates the activities of one director, the date of incorporation, and a partial list of past and present holdings and transactions, which are considerable. See Attachments. Exhibit C: Page 3. To whom it may concern, this is to certify that an "Appraisal- Real Estate" City of Roanoke business license was issued by this office to Von Moody, III on March 31, 1987. This is signed by Jerome S. Howard, Jr., Cor~aissioner ofRevenue. When the average citizen knows that the leaders of his government are not giving full attention to his duties and those of his o~n business requires full attention to succeed, his confidence in the governing body of the city is shaken when he sees the outside activity of the leadership. Exhibit D: As follows: Shows two houses on Stephenson Avenue under rail tiple listings. The owner obtained a building permit but purchased no contractor's license. Ilhen challenged, paid a contractor's license, and thereafter on April 29, 1987, purchased "Contractor Builders" City of Roanoke business license. To ~nom it may concern, this is to certify that a "contractor builders City of Roanoke business license was issued by this office to William S. Hubard on April 29, 1987. It was signed by Jerome S. Howard, Jr., Corrmissioner of Revenue. Question. if the o~ner purchased a building permit and if the electric, plur~bing, or other inspectors were doing their job, why didn't the Building Department inform the Corrrnissioner of Revenue? Corrratnication between city management and the constitutional officers seemed to be very poor. City Delays Moving Houses: City Council was scheduled to take action Monday on a proposal to allow Virginia Mountain Housing to meve four of the houses to city-o~ned lots on Staunton Avenue, between 21st Street and 22nd Street, but after meeting with City Council in a closed session, Herbert said the mere would be delayed. 'We don't have the support of the neighborhood that we would like to have, he said, and one problem is that Staunton Avenue residents don't know City officials and don't quite trust them," t~rbert said. Now one wanders if this doesn't apply to rr~st folks in the city. The city officials led the citizens to believe that they were in deep financial trouble and passed a meals and cigarette tax and promptly gave themselves an unprecedented salary increase. (See Joel Turner's story, May 12, 1987). City Council consistently reappoints merabers to the City School Board who are resistive to any posture other than advocacy. City Management and School Administration failed to repair and main- tain city property and streets, etc., when nvney was plentiful, and wants a bond issue to make capital i,~provements. in-house investigation results remain in-house. The results are rarely ever released to the public. Now the City Council will settle a nntter in a closed session and come back to an open meeting and change their votes. Reference to Howard E. M~sser, Greater Raleigh Court Civic League, March 11, 1982. "Open, responsive, corrrnon sense government. That is what you the citizens want and what you deserve to have. A governrr~nt that is open in its decisions, and responsive to the needs and con- cerns of its citizens, whether it be the business or private sector of the city. A goverrlment that will use good judgement in spending your tax dollars." Jim Harvey and Howard Musser are trying hard to accon~plish this it appears, at least on the surface as we the public see it, that City Council members may not be as supportive as they could be and should be. In conclusion, Don Bartol said it all in his statement to Roanoke City Council at the public hearing on the budget, page 2, Paragraph 6 - 8 (See Attacl'gnents). "If a system functions on the basis of creative tension, you may have corm~nication, but it will be the shadow of corrrrttnication, and not the substance of corrrr~lnication. By now, you may be asking yourself, ~nat is he saying other than ~nat everybody already knows? Well, I've got news for you. Some people don't know it, some people won't know it, and some people know it and pay no attention." In conclusion, regarding apathy, there appears to be a very relaxed attitude in City government regarding its functions. Apathy, for what- ever reason, could be corrected if an unconcerned citizenry would demand i t. P.S. All of the above appears to be contributing factors to the causes of apathy and indifference. If you are not part of the solution, you are part of the problem. Thank you and good night. MAYOR TAYLOR: Thank you Mr. Abbott. l~hat is the pleasure of Council? MR. C~RLAND: Mr. Mayor, I would move that we receive and file Mr. Abbott's corrments with thanks and appreciation for his observations. MAYOR TAYLOR: Is there a second to Mr. Garland's mation? MR. TROUT: I'll second it. MAYOR TAYLOR: Alright, is there any discussion? Hearing no discussion, I'll ask those v21o favor the n~tion to please say Aye. Those opposed, no. Alright, the Ayes have it and it carried I think, five to two. Thank you very rr~ch. (Council Members ftarvey and Musser voting no). MR. HARVEY: Mr. Mayor, I think the reason I voted no on that is for my own purposes. I think that Mr. Abbott made some statements that may or may not need some further examination. I would certainly, maybe should have made a substitute n~tion, I don't know. I quite frankly didn't understand a ~nole lot of Mr. Abbott's speech, but I did pick up on a couple of things in the speech that I think, you know, deserve maybe to be referred to the management teem. MR. TROUT: Well, that was one reason, Mr. Harvey, I hesitated and I think, Mr. Garland, to see if the two gentlemen mentioned in the speech wanted to make a m etlon. MAYOR TAILOR: May I say this very candidly, the Chair is open to any suggestions if someone would like to make a motion, referring the motion to receive and file, is just not to put something aside forever, of course, naturally, the Chair entertains the metion that comes forth, but if for son~ reason we feel that there are parts of this that should be referred, or if you would tike to also, in addi- tion to receiving and filing, and refer it to the Manager, or whoever you wish to refer it to, to address those areas of concern, and when you have a chance to read it, of course, we can make copies available, and if you would like to pinpoint those in particular, I'd be pleased to do that, and I'm sure the Manager would be willing to look at it. MR. GARLAND: Mr. Mayor, I have no reservation ~natsoever about referring it to anyone. I delayed r~nking the rrdtion because it was unclear, I didn't hear all of his cotangents either, and I didn't understand sorr~ of them, and I really thought that was really the appropriate m~tion. But, if there is a feeling that sorre of these things need to be looked at, ! certainly have no objection to that. MAYOR TAYLOR: Very sincerely, I think Mr. Abbott was very sincere in his presentation, and I think the hesitation was that Council Members wanted to put his presentation in the proper place. That's why I made the statement in addition to receiving and filing it, if you wish to refer it to some particular person .... MR. MUSSER: Let me make a co~nt while people are thinking about who to refer it to. Mr. Abbott has attended Council sessions ever since I have been on here, and I think from what I understand, has attended mast Council sessions before I ever became a member of Council, before I ever knew him. And, he has come before Council a couple of times and made sor~ statements and I don't think I can re~ember him coming out here and pointing a finger at anyone and accusing anyone of anything. I think the point that he is trying to make is, that he personally rr~st feel that there is som~ apathy related to what's going on. And if he feels it, I know for a fact, he knows quite a few people around town, the citizens I'm talking about who are out there, so it rr~tst be felt elsewhere, too. And s~e of the things that he brought up now and so~e of the things that he's brought up in the past, may very well be contributed to this to an extent and may have been contributing for a n~r~ber of years. We have been living with it and we sit here and ma~ybe not be I~are of it as we should be. And because of that, I think maybe I would like to even rehash some things he has brought up in the past, at least to get some kind of conclusion to it, because I don't see him c~re forth very often and it rr~st build up in him to a certain extent out there to do this, so I feel that it does, I think, warrant some study and con- s iderat ion. MAYOR TA~: Alright, now we had the ~tion to receive and file it, and I'm saying at this time that the Chair is willing to entertain an additional motion or sorr~ referral to a particular person for study and report. MR. HARVEY: Mr. Mayor, would it be appropriate that Council Members ask for a copy of Mr. Abbott's speech, since in all fairness, as I said before, I didn't really understand all of his speech, and I would like to see a copy of it. And the remark that was rrnde, that because two Council Members were rrentioned, there was a delay, I purposely didn't say anything because I was mentioned, but I would like to have a copy of his speech to read. MAYOR TAYLOR: Alright, thank you. We'll ask the City Clerk to pro- vide each member of Council with a copy of it. If there are saree things that you would like to address or refer at a later time, the Chair would certainly, by all rreans, be pleased to entertain that. MR. HARVEY: Thar~ you. MAYOR TAYLOR: Is that agreeable? You're very welcorre, and I'd like to thank each of you. Thank you again, Mr. Abbott. ROY E. ABBOTT ~,118 WIN.ONA AVE., S.W ROANOKE, VA. 2.4015 C~:e of fne City Oerk July 15, 1987 File #20 Mr. Lewis O. Ferguson 3209 Troy Avenue, No W. Roanoke, Virginia 24012 Dear Mr. Ferguson: Your communication with regard to the occurrence of traffic offenses, disturbing the peace and trespassing in the vicinity of Trinkle and Winsloe Avenues, N. W., was before the Council of the City of Roanoke at a regular meeting held on Monday, July 13. 1987. I am enclosing copy of a report of the City Manager regarding Williamson Road traffic problems, which report was also before Council on July 13. On motion, duly seconded and unanimously adopted, your munication was received and filed. Sincerely, Mary F. Parker, City Clerk CMC com- MFP:ra Room456 Munlc. lpolBulldlng 215C~urchAve~ue, S.W. Roanc~e. VIrglnlo2d~011 (703)981-254t Office of the City Manager 4A July 9, 1987 The Honorable Mayor Noel C. Taylor and Members of City Council Roanqke, Virginia Dear Mayor Taylor and Members of City Council: Subject: Williamson Road Traffic Problems At the regular meeting of Council on May 26, this matter was referred to the Administration for study and recommendation. This letter is to inform you of the progress in those discussions and the interim action being taken. A team of administrative employees, including the Director of Administra- tion and Public Safety, Police Chief, Police Lieutenant from Planning and Analysis Unit, Traffic Engineer and a Youth Services Planner, has been organized and is gathering material, facts and information relevant to the subject. A number of partial solutions are being considered and include the utilization of a saturation patrol by the Police Department during peak traffic hours on weekends, particularly on Friday and Saturday nights between the hours of 9 p.m. and 2 p.m., a non-cruising ordinance, providing a place for cruisers to gather other than Williamson Road and adjoining residential streets and the possible installation of additional traffic control devices. Meantime, the Police Department has already started the saturation patrol approach with use of additional traffic officers. Over the weekends of June 19 and 26, they issued fifty-nine (59) traffic summonses for violations occurring on Williamson Road and adjoining residential neighborhoods. I am attaching a list of those violations to demonstrate the type and variety of violations which occur. As the Summer has progressed, the Police Department has given increased attention to the traffic flow, parked cars and trespassing on Williamson Road. As the officers increase the emphasis on usual hang-outs for people frequenting that area, they seek new places to gather. An example of that activity is reflected in the petition received by Council July 6 from Mr. Lewis O. Ferguson Room 364 Municipal Building 215 Church Avenue, S.W Roanoke, Virginia 24011 (703) 981~2333 Page 2 July 9, 1987 of 3209 Troy Avenue, N. W. Mr. Perguson's complaint has merit. There is a legitimate problem with traffic and noise in the Trinkle Avenue/Troy Avenue area. Police have addressed the problem; for example, on one evening at least twelve summonses were issued to people trespassing on private lots in addition to seven traffic violation summonses. Recently installed on Trinkle Avenue are no parking signs from 11 p.m. to 6 a.m. on one side of the street. This action will reduce the parking space for a gathering place but will not eliminate the heavy traffic flow or other related problems. We are sensitive to the problems related by Mr. Ferguson and have discussed them with him. They are not being ignored. They are being addressed in every legal and reasonable way. As enforcement emphasis is escalated on Williamson Road, we may anticipate similar complaints in other surrounding neighborhood locations. The study team is expediting its gathering and evaluation of infor- mation and will report the findings with recommendations to Council. Sincerely, W. Robert Herbert City Manager WRH/GCS/ga TRAFFIC SUMMONSES, JUNE 19-21 and JUNE 26-28, 1987 SPEEDING _ STOP SIGN VIOLATIONS - SUSPENDED OPERATOR'S LICENSE RECKLESS DRIVING IMPROPER TAGS AND REGISTRATION NO OPERATOR'S LICENSE PARKING VIOLATIONS DRIVING UNDER THE INFLUENCE MISCELLANEOUS TRAFFIC VIOLATIONS IMPEDING TRAFFIC FLOW DISREGARDING RED LIGHT MOTORCYCLE OPERATING VIOLATION 17 4 2 13 7 2 2 1 4 5 1 1 TOTAL 59 July 1, 1987 CITY [~L~J~!, Roanoke City Council - All Members Municipal Bldg. - Rm. 456 215 Church Ave.~ S.W. Roanok% VA. 24011 Dear Council Members~ See attached petition. Please do whatever you can to put a stop to this disturbance. LYeryone that saw the petition signed it. This is a serious disturbance to a]_l of us. Sleepless nights, tired all day and unable to feel well in the evenings~ because of this loud noise late at night~ and throuEhout the r~ght. I have observed, late at night, the traffic offenses and disturbing the peace and trespassing on school and city park property. For wee~, caJ-ls by me and my neighbors to the city and police deps~rtment has not helped. ¥~ill you help? Sincerely, ~~ Lew~s O. Ferguso~ 3209 Troy Ave. Roanoke, VA. 24012 ~U ....~1. Loud noises late at night near Trinkle and Uinsloe Avo.~ June 2...,., '1987 TO MY N~;IGHBORS, I am .'[osJmg sleep due to loud noises, late at night, on Trin]~le and Ifinsloe ;.Veo, N.U. Thc noises are caused by automobiles bei~ ~Hot Rodded' with tires spirm~g ~d slidiog loudly. ~d by people shouting loudly. You can see black tire ~arks on Trin]~o ~ve. near the te~s co,ts at Preston Park. If you ~o,J about these noises sm.d are ~sturbed by them, I request that you sign belo~. I ~te~ to present t~s letter to iloanoke City Co~cil as~ 'them ~ put a stop to this m~sturb~ce in o~ ~es.. As thc s~er goes on~ the disturbanc~ ~ay get worse ~losr¢ something is done to stop it. ~k you. Lewis O. ~'erguson 3209 Troy Ave. Ro~oke~ VA. 22~.012 oU~ffoCT. Loud noises la'to at nigl]t near Trinklo and Winsloc Ave.) L.U.) 2oamo.,e) IrA. June 23, 1987 TO MY NEIGIIBO1Lq, I am losing sleep due to loud noises, late at night~ on Trin3~e and l?insloo Ave., N.%.!. Tho noises are caused by automobiles being U~ot !~odded' %~ith tires spiraling and sliding loudly, find by people shouting loudly. You can see black tire marks on Trin]~e Ave. near the tennis courts at Preston Park. If you ]mow about these noises and are disturbed by them, I request that you sign below. I in'tend to present this letter to Roanoke City Council asking them to put a step to this disturbance in our area. As the summ~~ goes on, 'the d~~ ,,,~ gct worse unless something is done to stop it. Thank you. Lewis O. Ferguson 3209 Troy Ave. Roanoke, VA. 24012 N A M E A D D It E S S Office of ~ne City C]er~ July 15, 1987 File #60-467 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28717, amending and reor- daining certain sections of the 1987-88 General and Grant Funds Appropriations, appropriating. funds to certain school accounts, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 13, 1987. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enco cc: Mr. W. Robert Herbert, City Manager Mr. Edwin R. Feinour, Chairman, Roanoke City School Board, 3711Peakwood Drive, S. W., Roanoke, Virginia 24014 Dr. Frank P. Tota, Superintendent of Schools, P. 0. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. 0. Box 13105, Roanoke, Virginia 24031 Room 456 Municipal Building 2t5 (~urch Avenue, S.W. t~:~:m~,~e, V~rglnla 240t '1 (703) 98t-254t 1987-88 General an emergency. WHEREAS, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1987. No. 28717. AN ORDINANCE to amend and reordain certain sections of the and Grant Funds Appropriations, and providing for for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1987-88 General and Grant Funds Appropriations, be, and the same are hereby, amended and' reordained, to read as follows, in part: General Fund Appropriations Education Other Expenditures (1) .............................. Instruction (2) ..................................... Adult Education (3) ................................. Grant Fund Appropriations Education Chapter I Carryover 124-87-3 (4-14) ................. Chapter I Winter 124-88-1 (15-26) ................... Juvenile Detention Home 87-88 (27-34) ............... Child Development Clinic 87-88 (35-42) .............. Bureau of Crippled Children 87-88 (43-50) ........... Special Education Inservice 87-88 (51-52) ........... Transitional Services 87-88 (53-56) ................. Traffic Safety Program 87-88 (57-58) ................ Apprenticeship 87-88 (59-65) ........................ ABE/DIAL 87-88 (66-75) .............................. Magnet Schools 87-88 (76-88) ........................ Governor's School 87-88 (89-105) .................... $53,778,289 237,000 31,883,778 90,930 $13,480,909 400 000 59 156 46 563 45 360 56 000 5 068 6 799 7800 102924 62,788 1,758,587 559,000 Revenue Education Chapter I Carryover 124-87-3 (106) ................. Chapter I Winter 124-88-1 (107) .................... Juvenile Detention Home 87-88 (108) ............... Child Development Clinic 87-88 (109) .............. Bureau of Crippled Children 87-88 (110) ........... Special Education Inservice 87-88 (111) ........... Transitional Services 87-88 (112) ................. Traffic Safety Program 87-88 (113) ................ Apprenticeship 87-88 (114) ......................... ABE/DIAL 87-88 (115-116) ............................ Magnet Schools 87-88 (117) .......................... Governor's School 87-88 (118-120) ................... $13,480,909 400,000 59,156 46,563 45,360 56,000 5,068 6 799 7 800 102 924 62 788 1,758 587 559 000 (1) (2) (3) 4 5 6 7 8 9 (10 11 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) (26) (27) (28) (29 (30 (31 (32 (33 (34 (35 Transfers to Grant Fund Tuition - Other Div. in State Comp. of Adult Ed. Teachers Director Elem. Teachers Secondary Teachers Clerical Aides Nurses Social Security Retirement Life Insurance Health Insurance Indirect Costs Indirect Costs Admin. Supplies Inservice Training Testing Parent Involvement Instruct. Supplies Medical Supplies Equip. Maintenance Admin. Travel Instruct. Travel Medical Travel Instruct. Travel Teacher Social Security Retirement Life Insurance Health Insurance Indirect Costs Supplies Travel Educ. Specialist (001-060-6012-6065-0801 (001-060-6002-6005-0305 001-060-6009-6040-0141 035~060-6120-6001-0110 035-060-6120-6001-0112 035-060-6120-6001-0113 035-060-6120-6001-0116 035-060-6120-6001-0117 035-060-6120-6001-0121 (035-060-6120-6001-0204 035-060-6120-6001-0206 035-060-6120-6001-0208 035-060-6120-6001-0210 035-060-6120-6001-0217 035-060-6121-6001-0217 035-060-6121-6001-0303) 035-060-6121-6001-0307) 035-060-6121-6001-0308) 035-060-6121-6001-0308 035-060-6121-6001-0309 035-060-6121-6001-0313 035-060-6121-6001-0335 (035-060-6121-6001-0401 035-060-6121-6001-0402 035-060-6121-6001-0404 035-060-6121-6001-0510 035-060-6556-6010-0113 035-060-6556-6010-0204 035-060-6556-6010-0206 035-060-6556-6010-0208) (035-060-6556-6010-0210) (035-060-6556-6010-0217) (035-060-6556-6010-0309) (035-060-6556-6010-0402) (035-060-6557-6010-0113) $ 184,000 (162,000) ( 22,000) 8,434 166,032 31,049 4 665 81 934 13 557 21 856 49 519 1 420 11 435 10 099 926 500 1,300 7,200 7,000 15,800 2,000 15,965 2,700 1,200 1,400 3,165 34,528 2,470 5,595 350 600 2,220 200 600 32,155 36) 37) 38) 39) 40) 41) 42) 43) 44) 45) 46) 47) 48) 49) 50) (51 (52 (53 (54 (55 (56 (57 (58) (59) (6O) 61) 62) 63) 64) 65) 66) 67) 68) (69) (70) (71) (72 (73 (74 (75 (76 (77 (78 (79 (80 (81 (82 (83 (84 (85 (86 (87 (88) (89) Social Security Retirement Life Insurance Health Insurance Indirect Costs Supplies Travel Educ. Specialist Social Security Retirement Life Insurance Health Insurance Indirect Costs Supplies Travel Inservice Training Instruc. Materials Inservice Training Climate Studies Supplies Travel Safety Instructor Supplies Coordinator Social Security Retirement Life Insurance Health Insurance Teachers Travel Secretary Aides Teachers Social Security Retirement Life Insurance Health Insurance Telephones Supplies Travel Admin. Salaries Teachers Support Social Security Retirement Life Insurance Health Insurance Indirect Costs In-Service Other Costs Supplies Travel Equipment Director 035-060-6557-6010-0204) 035-060-6557-6010-0206) 035-060-6557-6010-0208 035-060-6557-6010-0210 035-060-6557-6010-0217 035-060-6557-6010-0309 035-060-6557-6010-0402 035-060-6558-6010-0113 035-060-6558-6010-0204 035-060-6558-6010-0206 (035-060-6558-6010-0208 (035-060-6558-6010-0210 035-060-6558-6010-0217 035-060-6558-6010-0309 035-060-6558-6010-0402 035-060-6559-6010-0307 035-060-6559-6010-0309 035-060-6560-6010-0307 035-060-6560-6010-0308 035-060-6560-6010-0309 035-060-6560-6010-0402 035-060-6608-6070-0125) (035-060-6608-6070-0316 (035-060-6729-6015-0113 035-060-6729-6015-0204 035-060-6729-6015-0206 035-060-6729-6015-0208 035-060-6729-6015-0210 035-060-6729-6015-0308 035-060-6729-6015-0402 035-060-6730-6015-0139) 035-060-6730-6015-0140) 035-060-6730-6015-0141) 035-060-6730-6015-0204) 035-060-6730-6015-0206) 035-060-6730-6015-0208) 035-060-6730-6015-0210) 035-060-6730-6015-0329) 035-060-6730-6015-0340) 035-060-6730-6015-0402 035-060-6923-6005-0110 (035-060-6923-6005-011:) 035-060-6923-6005-0116 035-060-6923-6005-0204 035-060-6923-6005-0206 035-060-6923-6005-0208 035-060-6923-6005-0210 035-060-6923-6005-0217 035-060-6923-6005-0307 035-060-6923-6005-0308 035-060-6923-6005-0309 035-060-6923-6005-0402 035-060-6923-6005-0510 035-060-6931-6005-0110 $ 2,300 5,210 335 600 2,160 600 2,000 40,302 2,882 6,530 416 600 2,670 600 2,000 2,068 3,000 2,700 2,299 1,000 800 7,500 300 38,650 6,290 6,260 295 600 49 329 1 500 17 490 10 562 20 169 3 447 2 835 185 600 4,000 3,000 500 44,242 617,980 268,133 66,520 150,720 9,375 33,885 20,470 16,000 44,538 30,000 1,000 455,724 46,987 (90) (91) (92) (93) (94) (95) (96) (97) (98) (99) (100) (101) (102) (103) (104) (105) (106) (107 (108 (109 110 111 112 113 114 115 (116 (ll7 (118) (119) (120) Teachers Clerical Custodian Social Security Retirement Life Insurance Health Insurance Tuition Inservice Training Other Instruct. Costs Instruct. Supplies Textbooks Maintenance Travel Conference Travel Instruct. Equip. Fed. Grant Recpts. Fed. Grant Recpts. State Grant Receipts State Grant Receipts '~ State Grant Receipts State Grant Receipts Fed. Grant Recpts. Fed. Grant Recpts. State Grant Receipts Local Match Fed. Grant Recpts. Fed. Grant Recpts. State Grant Receipts Local Match Fees from Other Divisions (035-060-6931-6005-0113) (035-060-6931-6005-0116) (035-060-6931-6005-0131) (035-060-6931-6005-0204 (035-060-6931-6005-0206 (035-060-6931-6005-0208 (035-060-6931-6005-0210 (035-060-6931-6005-0305 (035-060-6931-6005-0307 035-060-6931-6005-0308) 035-060-6931-6005-0309) 035-060-6931-6005-0311) 035-060-6931-6005-0336) 035-060-6931-6005-0402) 035-060-6931-6005-0403) 035-060-6931-6005-0510) 035-060-6120-1102 035-060-6121-1102 035-060-6556-1100 035-060-6557-1100) 035-060-6558-1100) 035-060-6559-1100) 035-060-6560-1102) 035-060-6608-1102) 035-060-6729-1100) 035-060-6730-1101) 035-060-6730-1102) (035-060-6923-1102) (035-060-6931-1100) (035-060-6931-1101) (035-060-6931-1103) 265,490 14,070 9,828 23,625 52,915 3,420 7,200 19,440 1,500 5,000 28 030 3 850 50 620 3 325 3 700 20 000 400 000 59 156 46,563 45,360 56,000 5,068 6,799 7,800 102,924 22,000 40,788 1,758,587 200,000 162,000 197,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk DIrlIA"?MI:NT OF FINANCE mTY O~ m3^NO~<"'. VA. July 13, 1987 '87 ,!!!! -9 ['7 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Appropriation of Roanoke City School Grants I have reviewed the attached request of the School Board to appropriate twelve grants. Ten of the twelve grants are funded with 100% federal and/or state funding. The ABE/DIAL grant is funded with 65% f~deral funding and 35% local match in the amount of $22,000. The local match is available under the Adult Education category of Education accounts in the General Fund in a line item entitled "Compensation of Adult Education Teachers" The Governor's School grant is funded by state funding, fees from other school divisions, and a local match of $162,000. Funding for the local match is available in the Instructional category of Education accounts in the General Fund in a line item entitled "Tuition - Other Divisions in State". I recommend that you concur with this request of the School Board. JMS/kp ~'~ ~lll~ Ed~uin Fi. Feinaur, Chairman William White, Sr., Vice Chc~rman Donald ~r~ol 8oanok City S ool Board SolIve T. Coleman ~ ~ C ~_iv '~ ! James M. Turner. Jr. LaVerne n. Lq~ OL E! $ :' ~ !~41~nk P- Tota, Superintende~ David K. Lisk Fiichard L Kelley. Clerk of the I~x~rd '87 I\S' 2 P.O Box 1'~105, Roanoke, Virginia g40.~1 · 703-981-2381 July 1, 1987 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting of July, 1, 1987, the School Board respectfully requests City Council to appropriate the following funds to school accounts: Grant No. 6120 $400,000 for the Chapter I Carryover program to provide reading, language arts, and mathematics instruction for students in targeted schools. The program is one hundred percent reimbursed by federal funds. Grant No. 6121 $59,156 for the Chapter I Winter program to provide reading, language arts, and mathematics instruction for students in ta~'geted schools. The program is one hundred percent reimbursed by federal funds. Grant No. 6556 $46,563 for the Juvenile Detention Home program to provide funds for the salary and expenses of the teacher at the detention home. The program is one hundred percent reimbursed by state funds. Grant No. 6557 $45,360 for the Child Development Clinic program to provide funds for the salary and expenses of the educational specialist at the clinic. The program is one hundred percent reimbursed by state funds. Excellence in Education Members of Council Page 2 July 1, 1987 Grant No. 6558 Grant No. 6559 Grant No. 6560 Grant No. 6608 Grant No. 6729 Grant No. 6730 Grant No. 6923 $56,000 for the Bureau of Crippled Children program to provide funds for the salary and expenses of the educational specialist at the bureau. The program is one hundred percent reimbursed by state funds. $5,068 for the Special Education Inservice program to provide funds for the training of special education program staff members and for assistance to parents of handicapped students. The program is one hundred percent reimbursed by state funds. $6,799 for Transitional Services funds to provide class placements, mental health services, and follow-up studies of placements to ensure a smooth transition for handicapped students entering the school system. $7,800 for the Comprehensive Community-Based Safety program to provide federal funds for a school bus safety instructor. The program is one hundred percent reimbursed by federal funds. $102,924 for the Apprenticeship program to provide on-the-job and classroom vocational instruction for students in the apprenticeship program. The program is one hundred percent reimbursed by state funds. $62,788 for the ABE/DIAL program to provide funds for adult basic education for persons who have not completed high school and for the instruction of adults, using recorded tapes accessed by telephone. The program is sixty-five percent reimbursed by federal funds with thirty-five percent local match. $1,758,587 for the Magnet Schools program to provide for the implementation and operation of Magnet Schools for the Performing Arts and Technology. The program is one hundred percent reimbursed by federal funds. Members of Council Page 3 July 1, 1987 Grant No. 6931 $559,000 for the Governor's School to provide science instruction to gifted high school students from the area surrounding and including Roanoke City. The program will be supported by state funds and tuition collected from the school divisions which enroll students at the school. Sincerely, Richard L. Kelley Clerk of the Board and Executive for Business Affairs rg cc: Mr. Edwin R. Feinour Dr. Frank P. Tota Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy, Jr. Mr. W. Robert Herbert r. Wilburn C. Dibling r. Joel M. Schlanger (with accounting details) ROINOKE CITY $CROOL BOIRD Roanoke, Virginia APPROPRI&TION REOUBST b120 035-060-6120-6001-0110 Director $ 8,#3# 035-060-6120-b001-0112 Elementary Teachers lbb, 032 035-060-6120-6001-0113 Secondary Teachers 31,0#q 035-060-6120-6001-0116 Clerical 4,665 035-060-6120-6001-0117 Aides 81,q3# 035-060-6120-6001-0121 Nurses 13,557 035-060-6120-6001-0204 Social Security 21,856 035-060-6120-6001-0206 Retirement 49,519 035-ObO-b120-bO01-0208 Life Insurance 1,420 035-060-6120-6001-0210 Realth Ineuranee 11,435 035-060-6120-6001-0217 Indirect Costs 10~0~9 Appropriation Unit ZI~ 400.000 035-060-6120-1102 Federal Grant Receipts 400.000 The Chapter I Carryover pro{ram sill provide reading, l~nbuabe arts and mathematics instruction for students in targeted schools. The pro,ram is one hundred percent reiebureed by federal funds and will end Deceeber ~1, 1987. The above appropriation rep~esente an celibate of the costs ~o~ the p~o~a~ pendins completion of the Chapter I Su~er p~osra~ and allocation of funds to carryover. July 1, 1987 ROANOKg CITY SCHOOL 90ARD Roanoke, Virginia Chapter ! Winter 12#-88-1 b121 035-OhO-b120-6001-021? 035-0b0-6121-6001-0303 035-060-6121-6001-0307 035-OhO-6121-hO01-030803 035-060-6121-6001-03080# 035-060-6121-6001-030q 035-060-6121-6001-0313 035-ObO-6121-bO01-0335 035-ObO-b121-6001-O#01 035-ObO-b121-bO01-O#02 035-060-b121-6001-0#0# 035-060-6121-6001-0510 Appropriation Unit Z1B Administrative Supplies Inservice Training Testing Instruotional Supplies Medical Supplies Administrative Travel Instructional .Travel Medical Travel Instructional Travel 926 5OO 1, 300 7,200 7,000 15,800 2,000 15,965 2,700 1,200 . 1, #00 3.165 $ 5q, 15b 035-0b0-6121-1102 Federal Grant Receipte $ 59.156 The Chapter I Winter program sill provide reading, language arts and mathematics instruction for students in tarseted sohool~. The prosram is one hundred percent reimbursed by federal funds and eill end June ~O, 1988. The above appropriation represents an estimate of the costs for the prograe pendinN final allooation of funds for the fisoal year. July 1, 1987 RO~NOKR CITY SCHOOL BOARD Roenoke, Virlinia iPPROPRZITION REQUEST Juvenile Detention Eome 1987-88 035-060-6556-6010-0113 035-060-~556-6010-020# 035-060-6556-6010-0206 035-060-6556-6010-0208 035-060-6556-6010-0210 035-060-6556-6010-0217 035-060-6556-6010-0309 035-060-~556-b010-0402 Appropriation Unit ZSV Teacher $ 34,528 Social Security 2,4?0 Retirement 5,595 Life Insurance 350 Realth Insurance 600 Indirect Costs 2,220 Supplies 200 Travel bOO 035-060-6556-1100 State Grant Receipts The Juvenile Detention Uome pro,ram provides Funds For the salary and expenses of the teacher et the detention home. One hundred percent of expenses are reimbursed by state Funds. The prolram sill operate July 1, 1987 through June 30, 1988. July 1, 1987 RO~#OKE CITY SCHOOL BOARD Roanoke, Virginia IPPROPRZ~TION RHCUg~T Child Development Clinic 1987-88 b557 035-ObO-hS57-6010-0113 035-060-6557-6010-020# 035-0b0-6557-~010-0~10 03§-OhO-6557-h010-O~17 035-060-6557-6010-0309 035-060-b557-6010-0~0~ Appropriation Unit ZSR Educational Specialist 8 32,155 Social Security 2,300 Retirement 5,210 Life Insurance 335 Health Insurnnoe hO0 Indirect Costs 2,160 Supplies bOO Travel 2,000 $ 035-OhO-b557-1100 State Grant Reeeiptn The Child Development Clinic pro,ram provides Funds For the salary and expenses of the educational specialist at the clinic. One hundred percent of expenses are reimbursed by state Funds. The pro,ram will operate July 1, 1987 throush June 30, 1988. July 1, 1987 RO&NOEE CITY SCROOL BOIRD Roanoke, ?ir~inia APPROPRI&TION REQUEST Bureau of Crippled Children 1987-88 b558 035-0b0-5558-6010-0113 035-060-6558-6010-020# 035-060-6558-h010-0206 035-060-6558-5010-0208 035-060-6558-6010-0210 035-0h0-655~-6010-0217 035-060-6558-6010-0309 035-060-6558-6010-0~02 Appropriation Unit ZSZ Educational Specialist $ 40,302 Social Security 2,882 Retirement 6,530 Li£e Insurance Health Insurance 600 Indirect Costs 2,570 Supplies hO0 Travel 2~000 $ 56,000 035-060-6558-1100 State Grant Receipts 9 ~6~000 The Bureau of Crippled Children program provides funds For the salary and expenses of the educational specialist at the bureau. One hundred percent of expenses are reimbursed by state funds. The program ail1 operate July 1, 1987 through June 30, 1988. July 1, 1987 ROANOKg CITY BCBOOL BOARD Roanoke, Virginia IPPROPRIATZO# ~EOUB~T Speoial gduoation lneervioe 1987-98 b559 035-ObO-b559-b010-0307 035-060-b559-b010-0309 Appropriation Unit ZSY Inservice Training Instructional Materials 2,058 3~000 $ ~Oh8 035-060-6559-1100 State Grant Receipts $ ,% OhS Th~ Special Education Inservioe program will provide Funds For the training oF special education program staFF members and For assistance to parents oF handicapped students. The program is reimbursed one hundred percent by state Funds and will end June 30, lq88. July 1, lq87 RO&NOKE CITY SCgOOL BO&RD Roanoke, Virginia APPROPRIATIO# RgougsT Transitional 3ervicee 1987-88 bSbO 0~5-0~0-~550-~010-0307 035-0~0-~5~0-~010-0308 035-060-65b0-6010-0309 035-060-6560-6010-0~02 Appropriation Unit ZSZ Inservice Trainin6 8 2,700 Climate Studies 2,299 Supplies 1,000 Travel 800 035-0~0-6560-1102 Federal Grant Receipts Transitional Services funds sill provide class placements, mental health services and follow-up studies of placements to ensure a smooth transition for handicapped students enterin6 the school system. One hundred percent of expenditures will be reimbursed by federal funds. The pro,ram ail1 end September 30, lq88. July I, lq87 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REOUgST hbO8 035-ObO-bbO8-bO?O-0125 035-ObO-bbO8-bO?O-O31b Appropriation Unit Zbg Safety Instructor $ ?,500 Supplies ]00 ~ ?~ 800 035-060-bb08-1102 Federal Grant Receipts The Comprehensive Community-Based Tra£fic Safety Program ~ill provide federal funds for a school bus safety instructor. The program sill end October 31, 1987. July 1, 1qB7 ROANOKE CZT¥ SCBOOL BOARD Roanoke, Virginia APPROPRIATION REOUEST Apprenttoe~hlp 1987-88 6729 035-060-6729-6015-0113 095-060-6729-6015-0204 035-060-6729-6015-0206 035-060-b729-6015-0208 035-060-6729-6015-0210 035-060-~729-6015-0308 035-060-0729-6015-0402 Appropriation Unit ZTM Coordinator $ 38,650 Social Security 6,290 Retirement 6,260 LiFe Insurance 295 Health Insurance 600 Teachers 49,329 Travel 1~00 $ 1021 ~2~ 035-0~0-6729-1100 State Grant Receipts The Apprenticeship program aill provide on-the-job and classroom vocational instruction for students in the apprenticeship program. One hundred percent of expenditures will be reimbursed by state Funds. The program sill end June 30, 1988. July 1, 1987 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia A~PROPRIATION RgoUEST ARE/DIAL 1987-88 b730 035-060-b730-6015-o13q 035-060-6730-6015-01~0 035-060-6730-6015-01#1 035-060-6730-6015-020# 035-060-6730-6015-0206 035-060-b?30-b015-0208 035-060-6730-6015-0329 Appropriation Unit ZTH Secretary $ l?,~qO Aides 10,562 Teachers 20,1hq Social Security 3,~7 Retirement 2,835 Li£e Insurance 185 ~ealth Insurance bOO Telephones 4,000 Supplies 3,000 Travel ~00 $ 62~788 035-060-6730-1101 035-060-b730-1102 Local Match Federal Grant Receipts 22,000 $ 62,788 The ABE/DIAL pro,ram sill provide £unds £or adult basic ~ducation For persons eho have not completed high school and for the instruction o~ adults, usin~ recorded tapes accessed by telephone. The pro,ram mill be reimbursed by Federal Funds in the amount of $~0,788. Local match in the amount of 922,000 is allocated from account O01-ObO-bOOR-bO~O-O~l. The pros~am will operate From July 1, 1987 until June 30, 1988. July 1, 1987 ROANOKE CITY SCgOOL BOARD Roanoke, Virginia APPROPRIATION REOgEST Hngnet Sohooln 87-99 035-0h0-6923-6005-0110 035-060-6923-6005-0113 035-0~0-6923-~00§-0116 035-0e0-6923-e005-020~ 035-0~0-6q23-6005-0206 035-060-6923-6005-0208 035-060-~29-6005-0210 035-060-6923-6005-0307 035-060-6q23-6005-0308 035-0~0-~33-~005-0309 035-060-6923-6005-0~02 095-060-6q23-6005-0510 Approprintion Unit ZgJ Administrative Salaries $ ~,2#2 Teachers 617,980 Support Social Security 55,520 Retirement 150,720 Life Insurance 9,375 Health Insurance 33,885 Indirect Costs In-Service 15,000 Other Costs Supplies 30,000 Travel 1,000 Equipment $ 1,758,587 035-050-5923-1102 Federal Grant Receipts $ 1 ~ 758,587 The Magnet Schools program sill provide for the implementation and operation of magnet schools For the performing arts and For technology. The program will be reimbursed one hundred percent by Federal Funds. This phase of the program sill end July 31, 1988. July 1, lq87 R0&NOKg CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATIOR RROHRST 9overnor'a School 1987-88 593~ 035-050-5931-b005-0110 035-ObO-h931-hO05-0113 0~5-0h0-6931-b005-0115 035-050-5931-b005-0131 0~5-050-5931-b005-020# 035-050-5931-h005-0205 0~5-050-5931-b005-0208 0~5-050-5931-h005-0210 035-0h0-6931-b005-0~05 035-050-5931-b005-0307 035-050-~931-b005-0308 O~5-OhO-b931-hO05-O~09 035-050-593~-b005-0311 035-050-59~1-b005-03~b 035-0h0-5931-b005-0402 035-OhO-bq31-hO05-0403 035-050-5931-5005-0510 Appropriation Onit ZgR Director Teachers Clerical Custodian Social Security Retirement Life Insurance Health Insurance Tuition Inservice Trainin~ Other Inetructional Costs Instructional Supplies Textbooks Maintenance Travel Conference Travel Instructional Equipment 255,490 14,070 q, 828 23,525 52,915 3,420 7,200 1q,~40 1,500 · 5,000 28,030 3,850 50,620 3,325 3,700 20~000 s ~5~,ooo 035-050-5931-1100 035-050-5931-1101 035-050-5931-1103 State Grant Receipts Local Hatch Fees from Other Divieione 200,000 152~000 197~000 559,000 The Governor's School aill provide science instruction to ~ifted high school studente from the area eurroundin~ and includin~ Roanoke City. The pro,ram sill be supported by orate funds and tuition eolleoted from the eohool divisiona ahich enroll students at the sohool. Tuition from the Roaeoke City Schools aill be translated from account OO1-O50-bO02-5OO5-0305. The proaram aill end June 30, 1988. July 1, 1987 Office c~ ?ne O~y Oen~ July 15, 1987 File #79-106 Mr. Jerome S. Howard, Jr. Commissioner of Revenue Roanoke, Virginia Dear Mr. Howard: Your communication with regard to a suggestion of Larry L. Fenzel that the City implement an information program relative to the availability of a partial real estate tax exemption on rehabili- tated buildings in the City, was before the Council of the City of Roanoke at a regular meeting held on Monday, July 13, 1987. On motion, duly seconded and unanimously adopted, the com- munication was received and fi led. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra cc: Mr. Larry Virginia Mr. W. Robert Mr. George C. Safety Mr. William F. Mr. Ronald Administrator Mr. Gordon E. L. Fenzel, 1719 Grandin Road, S. W., Roanoke, 24014 Herbert, City Manager Snead, Director of Administration and Public Clark, Director of Public Works H. Miller, Building Commissioner/Zoning Peters, City Treasurer Room 456 Munici~al Bulk:ling 215 (~urch Avenue, S.W. I~x~o~e, '~jlnlo 2401 t (703) 981.2541 JEROME S. HOWARD, JR. April 1, 1987 The Honorable Mayor and Members of City Council Roanoke, Virginia RE: Rehabilitated Buildings Partial Real Estate Tax Exemption Dear Mrs. Bowles and Gentlemen: Reference is made to a suggestion, from Mr. Larry E. Fenzel, before the council at a regular meeting held on Monday, March 16, 1987, that "we implement an information program to all property owners, contractors, realtors, and investors as soon as possible "to the availability of a partial real estate tax exemption on certain rehabilitation of buildings in the City of Roanoke. Currently, the city distributes a brochure titled "You can Rehab in Roanoke without increasing your taxes" through the office of the City Building Commissioner and the information center located in the Municipal Building lobby. Also, the Citizens Request Office publishes and distributes a booklet titled "Municipal Services - A Citizens' Guide, at page 46 under "Housing" reference is made to the rehab program. This booklet is available at the information center in the Municipal Building lobby. The Honorable Mayor and Members of City Council Page 2 April l, 1987 With the cooperation of the Building Commissioner and the City Treasurer, tho following steps are proposed to expand the distribution of the brochure titled "You can Rehab in Roanoke without increasing your taxes": 3o The Commissioner of Revenue will insert a copy of this brochure in the annual Business License Application mailings to contractors and realtors. The Building Commissioner will distribute copies of this brochure to applicants for building permits, the Redevelopment & Housing Authority and to neighborhood civic leagues and organizations. The City Treasurer will insert a copy of this brochure in the annual Real Estate tax tickets mailings. Printing cost for the brochure volume required for the above distribution plan could be shared between the Commissioner of Revenue and the Building Commissioner by way of budgetary transfer of appropriated funds. With best regards, I am, Jerome S. Howard, Jr. Commissioner of Revenue JSH:ts cc: Mr. Larry E. Fenzel, 17~9 Grandin Road, S.W. Roanoke, Va. 24014 Mr. George C. Snead, Director of Administration and Public Safety Mr. William F. Clark, Director of Public Works Mr. Gordon E. Peters, City Treasurer Mr. Ron Miller, Building Cormmissioner Office cf the City Clerk July 15, 1987 File #27 Mrs. George Hankins 721 Ward Street, N. W. Roanoke, Virginia 24017 Dear Mrs. Hankins: A petition signed by six residents requesting improvement of road and drainage conditions on Ward Street, N. W., was before the Council of the City of Roanoke at a regular meeting held on Monday, July 13, 1987. The members of Council were advised that the matters referred to in the petition have been corrected to your satisfaction; there- fore, on motion, duly seconded and unanimously adopted, the peti- tion was received and filed. Sincere ly, Mary F. Parker, CMC City Clerk MFP:ra CC: Mr. Charles E. Swain, 303 Vista Avenue, N. Virginia 24019 Mr. W. Robert tlerbert, City Manager Mr. William F. Clark, Director of Public Works E., Roanoke, Room 456 Municipal Building 215 C~urch Avenue, S.W. Roanoke, Virginia 2401 t (703) 981-254t Office of the City Manager July 13, 1987 Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: Subject: Petition for Improvement of Road and Drainage on Ward Street Northwest The background of the above-referenced petition, which is listed on your agenda today for consideration, is that Mr. Lynn Vernon of our Engiaeeerin~ Department was contacted by Mrs. George Hankins of 721 Ward Street, N. W., re- garding the need to improve the surface of Ward Street and to improve the drainage. Mr. Vernon visited Mrs. Hankins and inspected the conditions which resulted in a work order being prepared on June 15, 1987. The work has since being undertaken by our street maintenance department and was reported completed on July 7, 1987. Mr. Reynolds, Assistant City Manager, talked with Mrs. Hankins on this date and was assured by Mrs. Hankins that the work had been completed to her satisfaction. Although a signer of the petition, Mrs. Hankins told Mr. Reynolds that she was not the initiator nf the above-referenced petition; rather, one of her adjacent neighbors. We have been unable to contact the adjacent neighbor, Mr. Charles E. Swain, who initiated the petition but feel that we have met the expectations of Mrs. Hat~k[ns who originally initiated the action. This letter is bezng provided for your referenced petition as it does appear on your on July 13, 1987. information regarding the above- a~enda for Council consideration Respectfully submitted, W. Robert Herbert City Manager WRH:EBRJr:mp cc: Mr. Wilburn C. Dih!ine, City Attorney Mr. Joel M. Schlanger, Director of Winance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Room 364 Municipal Buil0ing 215 Church Avenue. 5.W Roanoke, Virginia 24011 (703) 981-2333 To: Roanoke City Council Roanoke, Virginia Date: Subject: June 8, 198'/ p~tition for Imnrove~llt of Road and Dreinao_e on Word Street Northwest Since our area was annexed to the city, there has been no move made on the part of the city to improve road and drainage problems. The existing storm drain was installed privately before annexation and is not adequate to handle the problems arising during periods of heavy rain, at which time water pours down our street "like a river". The inadequacy of the storm drain is also a direct cause of the inability of the street department to keep the roadway in a reasonably good condition, and severe ruts and potholes are a continuous problem. The problems have been brought to the attention of city officials in the past without resolution. Therefore we, the undersigned, residents of the 700 block of Ward Street, Northwest, and those affected, do hereby petition Council to take immediate action to remedy the problem. Office of ~ne City Clerk July 15, 1987 File #144 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report recommending that the City maintain its current policy that business and industry contract with private enterprise for bulk refuse collection service, was before the Council of the Cit~ of Roanoke at a regular meeting held on Monday, July 13, 1987. On motion, duly seconded and unanimously adopted, Council con- curred in the recommendation. Mary F. Parker, CMC City Clerk MFP:ra cc: Mr. Larry L. Fenzel, 1719 Grandin Road, S. Virginia 24914 tir. William F. Clark, Director of Public Works Mr. Donald E. Keaton, Manager, Refuse Collection W., Roanoke, Room 456 Municipal Building 2t5 (D~urch Av~,~ue, S.W. Roonoke, Vlrg~lo 24011 (703) 98t-254t glTY {,k,_ . 'I ,-~,~ Roanoke, Virginia July 13, 1987 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Refuse Container Service I. Background: Containerized refuse collection service was originally provided by the City of Roanoke in the early 1950's. Each container was hauled individually to the disposal site and returned to the source location. Bo Front-loading trucks were first used by the City in 1969. Approx- imately 15 containers could be dumped into the service vehicle before it had to proceed to the disposal site. A container would be dumped 3 times per week without a charge, with a fee of $5.00 per pickup for additional service. Co Ordinance No. 19866 was adopted requiring front-loading bulk container service for any new apartment developments with 10 or more dwelling units. This ordinance was applicable to all new developments commencing construction on or after October 1, 1971. Do Bulk container service was discontinued by the City of Roanoke effective July 1, 1982. Since that time all such service has been provided by private contractors. II. Current Situation: ao Bulk containers for refuse are required when any business, apart- ment building or multi-family dwelling complex, places out for collection by the City an average of eleven (11) or more containers per week during any consecutive 4 week period. This does not apply to the Central Business District because there are no suitable locations for the placement and servicing of bulk containers. Bo Business and apartment complexes that cannot use bulk container service, due to the existence of low overhead wires or other unsuitable physical constraints, are charged for refuse pickup by the City when they set out an average of eleven (11) or more containers per week during any consecutive 4 week period. Refuse Collection Department monitors the bulk container service provided throughout the City by private contractors. A license is required to be obtained from the City and. the contractor must annually file rate schedules for bulk refuse collection services. Average rates are currently $11.00 per unit serviced. Page 2 III. IV. City of Roanoke and Roanoke School Board have contracts with private businesses for bulk container refuse collection from schools, parks and public facilities. Total containers throughout the City being serviced by private contractors is 1,975; cumulatively, these 1,975 containers are dumped approximately 3,265 times per week.~ Fo Mr. Larry Fenzel appeared before Roanoke City Council on March 16, 1987, and requested the City to provide bulk refuse container service at no charge to the effected business or property owner. Issues: A. Cost to the City. B. Funding. C. Legal obligation. Alternatives: A. Maintain current policy which is that business and industry con- tract with private enterprise for bulk refuse collection service. Cost to the cit~ would be approximately $75,000 for the servicing of containers picked up at schools and other public facilities. 2. Funding is available within existing budget accounts for these expenditures. 3. There is no legal obligation on the part of the City to provide bulk refuse collection service. B. City contract with private haulers to provide bulk refuse collection service throughout the City. Cost to the City would be approximately $1,867,500 to service the containers in existence throughout the City on schedules comparable to the present. 2. Funding is not available, other than for service to existing schools and other public facilities. While there is nolegal obligation to provide bulk contaiaer refuse service, Council, in its discretion, has the authority to provide this service through private contract. Page 3 C. Establish City-operated bulk refuse collection service as a function of municipal government. Cost to the City would be approximately $2,198,000 the first year (see Attachment "A"); after the initial purchase of equipment, the annual cost would be approxi- mately $1,098,000, including the replacement of 2 front- loaders a year after the first 5/6 years of operations. Funding is not available, other than the sum of approxi- mately $75,000 budgeted for servicing existing containers at schools and other public facilities; in addition, many of the existing containers throughout the City are owned by the contractors providing collection services; if the City were to provide this service the individual busineeses and apartment complexes ~ould have to purchase and maintain their own container units. While there is no legal obligation to provide bulk container refuse service, Council, in its discretion, has the authority to provide this service with City forces and equipment. V. Recommendation: It is recommended that City Council concur with Alternative "A" which will mean adherence to our current policy. Respectfully submitted, W. Robert Herbert City Manager WRH:WFC:pr cc: City Attorney Director of Finance Director of Public Works Manager of Refuse Collection Mr. Larry Fenzel ATTACHMENT "A" BULK REFUSE COLLECTION COST ANALYSIS Assumption: approximately 60 bulk containers per day can be serviced by one 33 cu. yd. front loading truck. City purchase equipment and hire employees to provide service: a. 12 - 33 cu. yd. front-loaders @ $110,000 each = 1,320,000 (11 regular routes plus one back-up unit) b. 12 Motor Equipment Operator II employees @ 19,189.50 (includes fringe benefits) = 230,274 c. fuel cost = 42,000 d. landfill fees, 52,000 tons @ 9.75/ = 507,000 e. motor vehicle maintenance (after 1-2 yrs.) = 75,000 f. motor equipment mechanic II 19,000 g. insurance 5,000 $2,198,000 Office of the City Clerk July 15, 1987 File #514 Mr. W. Robert Rerbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report recommending that you be authorized to file a peti- tion with the City Clerk seeking closure of Shadeland Avenue, N. W., was before the Council of the City of Roanoke at a regular meeting held on Monday, July 13, 1987. On motion, duly seconded and unanimously adopted, Council con- curred in the recommendation. Sincerely, ~... Mary F. Parker, CMC City Clerk MFP:ra cc: Mr. Mr. Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. John R. Marlles, Chief of Corr~aunity Planning Mr. George C. Snead, Jr., Director of Administration Public Safety and 456 Munlcl~:x~l Building 2'~5 Church Avenue, S.W. Roonoke, Vtrglnla 24011 (703) 981-254.1 ,,!~Y ['i[ ~ ...... ~ Roanoke, Virginia July 13, 1987 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Shadeland Avenue, N.W. Lick Run Dry Basin I. Back&round: Flood of November 1985 inundated entire Shadeland Avenue area damaging all residential structures, a total of twenty-three (23) structures. B. City has now acquired all private property requiring street access from Shadeland Avenue. II. Current Situation: III. City as owner of all properties still containing twenty (20) damaged residential structures has security and potential liabi- lity problems caused by persons trespassing on these properties. B. Public Street, as long as it remains dedicated for street pur- poses must remain open to public access. City Administration desires to close Shadeland Avenue, N.W. from 10th Street, N.W. to its easterly terminus so that street may be blocked preventing public access. Parcels with Tax Nos. 2050305 and 2030102 remain to be acquired under Phase II acquisition. Neither parcel fronts on Shadeland Avenue, N.E. or receives access from it. A. Need B. Timin& C. Cost to City Page 2 IV. Alternatives: Council authorize City Manager to file a petition with the City Clerk seeking closure of Shadeland Avenue, N.W., from 10th Street, N.W. to its easterly terminus to permit the street to be barricaded to prevent public access and eventually removed to permit construction of the Lick Run Dry Basin. 1. Need to close street to provide control over access to pro- perties is met. 2. Timin~ to gain control of access as quickly as possible is met. 3. Cost to City is zero. B. Council not authorize closing Shadeland Avenue, N.W. 1. Need to control access to area is not met. 2. Timin~ to gain control of access quickly is not met. 3. Cost to City is the potential liability costs associated with unauthorized persons entering the property. Recommendation: Council authorize City Manager to file a petition with the City Clerk seeking closure of Shadeland Avenue, N.W. in accordance with Alternative "A". WRH/KBK/RVH/hw Respectfully submitted, W. Robert Herbert City Manager Attachments cc: City Attorney Director of Finance Director of Public Works Director of Administration and Public Safety ZZ311O$ Offk:e o~ fne O~y Oenk July 15, 1987 File #236-304 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 28719, authorizing the acceptance of a Delinquency Prevention and Youth Development Act Grant made to the City of Roanoke by the.Commonwealth of Virginia Dep~rtment of Corrections and authorizing the acceptance, execu- tion and filing of the "Special Conditions" with the Department of Corrections for the grant for the purpose of continuing coor- dinated planning and youth services program implementation by the City's Office on Youth until June 30, 1988, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 13, 1987. Sincerely, Mary F. Parker, CMC City Cl~rk MFP:ra cc: Mr. William F. Clark, Director of Public Works Mr. John R. Marlles, Chief of Corm?runity Planning Mr. James D. Ritchie, Director of Human Resources Ms. Marion V. Crenshaw, Youth Planner Roo~n 456 Municipal Building 215 Onurch Av~,~3ue, $.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE cOUNCIL OF THE cITY OF ROANOKE, The 13th day of July, 1987. No. 28719. VIRGINIA, A RESOLUTION authorizing the acceptance of a Delinquency Prevention and Youth Development Act Grant made to the City of Roanoke by the Commonwealth of Virginia Department of Corrections and authorizing the acceptance, execution and filing of the "Special Conditions" with the Department of Corrections for this grant for the purpose of continuing coordinated planning and youth services program implemen- tation by the City's Office on Youth until June 30, 1988. BE that: 1. IT RESOLVED by the Council of the City of Roanoke The City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia Department of Corrections of a Delinquency Prevention and Youth Development Act Grant for the purpose of continuing coordinated planning and youth services program implementation by the City's Office of Youth until June 30, 1988, in an amount and subject to such terms as are described in the report to Council from the City Manager dated July 13. 1987. 2. The City Manager, W. Robert Herbert, or the Assistant City Manager. Earl B. Reynolds, Jr.. is hereby authorized to accept, execute and file on behalf of the City of Roanoke the "Special Conditions" with the Department of Corrections for the aforementioned grant. 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Corrections in connection with the City's acceptance of the aforementioned grant or with such project. ATTEST: City Clerk. Or, ce of the City Clerk July 15, 1987 File #236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. lterbert: I am attaching copy of Resolution No. 28721, accepting a Local Government Challenge Grant from the Virginia Commission for the Art,s, which Resolution mas adopted by the Council of the City of Roanoke at a regular ~eeting held on Monday, July 13, 1987. ~",~ i~,~ ~, ~Sincerely' Mary F. Parker, CMC City Clerk MFP:ra Enco cc: Ms. Margarite Fourcroy, General Manager, Roanoke Symphony Society, P. 0. Box 2433, Roanoke, Virginia 24010 Ms. Susan Cole, Executive Director, The Arts Council of Roanoke Valley, One Market Square, S. W. Roanoke Virginia 24011 ' ' Mr. Joel M. Schlanger, Director of Finance Mr. James D. Ritchie, Director of Human Resources Mr. Barry L. Key, Budget and Systems Room456 MunlclpolBulldlng 2150'~urdlAv~'~ue, S.W.l~oonoke, Vlrginla24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of July, 1987. No. 28721. VIRGINIA, A RESOLUTION accepting a Local Government Challenge Grant from the Virginia Commission for the Arts. BE IT RESOLVED by the Council of the City of Roanoke that the City hereby accepts the Local Government Challenge Grant in the amount of $4,500.00 awarded the City by the Virginia Commis- sion for the Arts for the benefit of the Roanoke Valley Arts Council and the Roanoke Symphony SocietY, and the City Manager is hereby authorized to execute such grant and any conditions or assurances related thereto. ATTEST: City Clerk. July 15, 1987 File #60-236 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28720, amending and reor- daining certain sections of the 1987-88 Grant Fund Appropriations, providing for transfer of funds in connection with the acceptance of a $4,500.00 Local Government Challenge Grant from the Virginia Commission for the Arts, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 13, 1987. Sincerely, PigeOn--.- Mary F. Parker, CMC City Clerk MFP:ra Eric. cc: Mr. W. Robert Herbert, Mr. James D. Ritchie, Mr. Barry L. City Manager Director of Human Resources Key, Budget and Systems Room456 MunlclpolBulldlng 215 Church Avenue, S.W.l~3nc~,e, Vlrg~la24011 (703)98%2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The l~th day of July, 1987. No. 28720. AN ORDINANCE to amend and reordain certain sections of the 1987-88 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1987-88 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Virginia Commission for Arts Challenge Grant Revenue Virginia Commission for Arts Challenge Grant 1) Program Activities (035-054-8723-2066) $ 2) State Grant Rev. (035-035-1234-7006) 4,500 4,500 $ 4,500 $ 4,500 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Roanoke, Virginia July 13, 1987 Honorable Mayor and City Council Roanoke, Virginia Members of Council: SUBJECT: VIRGINIA C0~4ISSION FORT HE ARTS LOCAL GOVERNMENT CHALLKNGE GRANT I. BACI~CROUI~ID Director of Human Resources of the City of Roanoke was made aware of a Local Government Challenge Grant available through the Virginia Commission for the Arts. B. Local Government Challenge Grant Funds are available on a 50-50 matching basis, 50% state and 50% local. C. Application for the grant was made at the request of the Roanoke Valley Arts Council and the Roanoke Symphony Society. II. CURRENT SITUATION A. Notification by the Commission for the Arts to the Human Resources Director has been received and that a grant of $4,500 is available. Bo The ~rant will supplement funds already appropriated from the City to the two organizations through the Citizens Services Committee. The local funds will meet the 50-50 match. C. The Grant funds of $4,500 are to be divided evenly between the two agencies: III. $2,250 - Roanoke Valley Arts Council $2,250 - Roanoke Symphony Society A. Need for funding. B. Timing. C. Cost to the City. IV. ALTERNATIVES A. City Council accept the $4,500 Local Government Challenge Grant from the Virginia Commission for the Arts. Need for funding. The Roanoke Valley Arts Council and the Roanoke Symphony Society will use funding for making quality arts and music activities available to citizens of Roanoke. Timing. The grant must be accepted and properly executed papers returned to the Virginia ¢omm£ss£ou of the Arts by August 1, 1987. Cost to the City. Funds have been appropriated in the City's General Fund Budget through the Citizens Services Committee. No additional local funding is required. B. City Council not accept $4,500 grant from the Virginia Commission for the Arts. Need for funding. Roanoke Valley Arts Council and the Roanoke Symphony Society will lose $4,500 in funding which would be used for quality arts and music activities to the citizens of Roanoke. 2. Timing. Not an issue. 3o Cost to the City. No impact. Funds have been appropriated in the City's General Fund Budget through the Citizens Services Committee. V. REC~ENDATION A. City Council concur with Alternative A and accept the $4,500 grant from the Virginia Commission for the Arts. 1. Authorize funds to be appropriated to an account established by the Director of Finance in the Grant Fund. 2. Authorize the City Manager to execute the Local Government Challenge Grant on behalf of the City of Roanoke. Respectfully submitted, W. Robert Herbert City Manager WRH/JDR/slw CC: Finance Director City Attorney Budgets and Systems James D. Ritchie, Director, Human Resources Office of the City Cle~ July 15, 198'7 File #72-145 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 28722, authorizing the exe- cution of a contract with the Salvation Army for payment for ser- vices rendered City residents through the Battered Women's Program, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 13, 1987. Mary F. Parker, CMC City Clerk MFP:ra cc: Captain Allen Satterlee, The Salvation Army, P. O. Roanoke, Virginia 24008 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. James D. Ritchie, Director of Human Resources Box 1631, Room 45~ MunlcIDol Building 215 ~D'~urc~ Avenue, S.W. Roanoke, ~rglnta 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1987. No. 28722. A RESOLUTION authorizing the execution of a contract with the Salvation Army for payment for services rendered City residents through the Battered Women's Program. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or his designee is authorized to execute, for and on behalf of the City, a contract with the Salvation Army for a period on July 1, 1987, for the payment rendered City residents through of one (1) year beginning for certain services the Battered Women's Pro- gram, the total consideration for such services not to exceed $17,500.00, and the contract otherwise to be subject to those terms and conditions set out in the City Manager's report of July 13, 1987; the form of such contract shall be approved by the City Attorney. ATTEST: City Clerk. Honorable Mayor and City Council Roanoke, Virginia Members of Council: SUBJECT: CONTRACT WIT]t SALVATION ARMY ' ~ .r~ ~oanoke, Virginia July 13, 1987 I. BA~KCROUND A. The Salvation Army applied through the Citizens' Services Committee for City funds as follows: 1. $25,000 to operate a program for the homeless. 2. $25,000 to operate a shelter for battered women. Co The City Attorney through a written opinion dated April 23, 1986 has stated that the City may contract with the Salvation Army, a church or sectarian institution, as long as the contract is for the care of indigent, sick, or injured persons, and payment of City funds under any contract does not exceed the fair market value of services rendered. The Citizens' Services Committee recommended an appropriation of $17,500 for FY 87-88 to be used for either program, and City Council concurred in the recommendation. II. CURRENT SITUATION mo The City Manaser requests permission from City Council to execute a contract approved by the City Attorney with the Salvation Army for the payment of services provided to City citizens. (See Attachment A.) III. ISSUES A. Services to City citizens. B. Legal. C. Budget. IV. ALTEI~ATIVES mo City Council approve the execution of the contract, approved by the City Attorney, by the City Manager with the Salvation Army for payment of services delivered by the Battered Women's Pro,ram to City citizens. Services to City citizens. Abused women and their dependent children will have a shelter which provides safety, counseling, and referrals to community resources. Legal. Approval of the contract will insure compliance with the City Attorney's opinion that a contract is the only way the City can reimburse for the services. 3o Budget. $17,500 has already been appropriated by City Council on June 15, 1987 by Ordinance #28687 and is available in account #001-054-1270-2010. City Council not approve the execution of the contract, approved by the City Attorney, with the Salvation Army for payment of services delivered by the Battered Women's Pro~ram to City citizens. Services to City citizens. The Salvation Army may have insufficient funds to provide abused women and their dependent children who are City citizens with a shelter that provides safety, counseling, and referrals to community resources. Legal. Services to the City's abused women and their dependent children could not be funded because in the opinion of the City Attorney, the City is prohibited from appropriating a direct contribution. 3. Budget. Not an issue. V. RECtROI~NDATION City Council approve the execution of a contract, approved by th~ City Attorney, by the City Manager or his designee with the Salvation Army for payment of services delivered by the Battered Women'~ Pro~ram to City citizens (Alternative A). Respectfully submitted, W. Robert Herbert City Manager WRH/JDR/slw cc: City Manager City Attorney Finance Director Director of Human Resources CXT~ OtF r~ DEPAitTM~*mT OF iflDfAw RESOURCKS Ba~tered aOuen*a Progrm ~2n~ract CONTRACTOR C~TY AGENCY CONTRACT PERIOD Complete Description of Services The named parties hereby enter into agreement, subject to the terms and conditions stated herein. The Salvation Army P. O. Box 1631 Roanoke, VA 24008 City of Roanoke Department of Human Resources 215 W. Church Avenue Roanoke, VA 24011 From July 1, 1987 through June 30, 1988 Contractor a~rees to: Provide beds for battered women and their dependent children who are City residents during the period covered by this contract. Provide vocational guidance, individual counseling, and job placement assistance to a program monitored by the Department of Human Resources to individuals placed in the program as a result of this contract. Provide monthly reports to the Department of Human Resources which will include: 1. Information on services given. 2. Number of City residents served. Assurance that verification is on file that residents for whom City of Roanoke is billed were residents of the City of Roanoke prior to entering the shelter. 4. Reports as required by the monitoring staff of the Citizens Services Committee. Provide written documentation that the physical facility is in compliance with all State and local fire, health, building, and other relevant codes. -2- II. Compensation and Schedule of Payments III. City Liability Provide cooperation and compliance with the direction of the Director of Human Resources and other authorized City officials. Provide the Department of Human Resources with specific and measurable program objectives to be accomplished during this contract period. The City of Roanoke agrees during this contract period to pay the contractor $20.00 per day per bed utilized by City residents up to a total not to exceed $17,500 for services under the conditions set forth herein. Payments will be made upon receipt of a properly executed and approved invoice on a monthly schedule. Contractor shall submit such invoice at the end of each month. The City of Roanoke reserves the right to withhold funds for services if it is determined that the services identified in Section I of this contract are not being provided in a professional, acceptable manner. The contractor acknowledges that the City of Roanoke shall not be responsible for any actions of employees or designated representatives of the program. In the event of any litigation which may arise as a result of the operation of this program, the contractor agrees to assume the risk and/or liability for the cost of any such litigation including but not limited to payment of damages or attorney fees to the plaintiff and hold the City of Roanoke harmless therefrom. The contractor also acknowledges and agrees that it will provide its own legal representation and bear the cost of the same. The contractor also acknowledges and agrees that the City shall not be obligated to provide insurance coverage, either commercially or self supplied for the contractor. Nothing contained herein shall be deemed an expressed or implied waiver of the sovereign immunity of the City of Roanoke. Neither the contractor, its employees, assigns, or subcontractors shall be deemed employees of the City of Roanoke or of the Department of Human Resources while performing under this agreement. -3- IV. Non-Discrimination V. General Provisions VI. Cancellation Clause During the performance of this contract, the contractor agrees as follows: Ao The contractor will not discriminate against any subcontractor, employee, or applicant for employment because of race, religion~ color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualifi- cation reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discrimination clause. The contractor in all solicitations or advertisements for employees placed by or on behalf of the contractor will state that such contractor is an equal employment opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of A and B above. Nothing in this contract shall be construed as authority for either party to make commitments which bind the other party beyond the scope of this contract. This contract shall remain in full force and effect until cancelled by either party giving the other party thirty days written notice of cancellation. Any such notice of cancellation shall be in writing and sent by certified mail (return receipt required) to the Director of the Department of Human Resources, Room 356, Municipal Building, 215 W. Church Avenue, Roanoke, Virginia 24011 in the case of the City; and to the Captain, Salvation Army, P. O. Box 1631, Roanoke, Virginia 24008 in the case of the Salvation Army. No payment will be made for expenses incurred or services rendered after receipt of notice except those expenses incurred prior to date of termination that are necessary to curtailment of operations under this contract. The contractor is hereby informed that failure to comply with any of the above conditions shall constitute grounds upon which the City of Roanoke may terminate this contract and/or discontinue payments after 30 days notice to contractor. -4- VII. Religious Organization If this action is taken, the Department of Human Resources will notify the program in writing by certified mail. It is recognized that the Salvation Army is a religious organization, and as such, agrees that religious programs and orienta- tion shall not be mandated for residents but may be made available at the resident's request. No such program or orientation will be funded in whole or in part with funds provided pursuant to this contract. IN WITNESS WHEREOF by the following signatures and seals the City of Roanoke and the Salvation Army have executed this contract as of this day of , 1987. CITY OF ROANOKE Dire~r of R,m~,~ Resources SALVATION ARHY (CONTRACTOR) (Title) Offk:e ot ~he O~y Cle~ July 15, 1987 File #87 Mr. Greg Feldmann, President Roanoke Special Events Committee 210 Reserve Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Feldmann: I am enclosing copies of Resolution No. 28723, waiving the stan- dard rental fee for use of certain City facilities for a Country Livin' Festival and Fair, and granting concession rights in con- junction with such festivals, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 13, 1987. Please sign and return three copies of the Resolution to the City Clerk's Office, Room 456, Municipal Building, Roanoke, Virginia 24011. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Jimmie B. Layman, Manager, Parks and Recreation Mr. E. Laban Johnson, Special Events Coordinator and 456 Municipal Building 215 (~urch A~'~ue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of July, 1987. No. 28723. VIRGINIA, A RESOLUTION waiving the standard rental fee for use of cer- tain City facilities for a Country Livin' Festival and Fair, and granting concession rights in conjunction with such festivals. WHEREAS, by Resolution No. this Council established tal fees for use of City nizations. 24982, dated January 28, 1980, a policy with respect to waiver of ten- facilities and property by certain orga- Council deems it appropriate to waive rental fees for the Country Livin' Festival and Fair to be sponsored by the Roanoke Special Events Committee and to grant concession rights conjunction with such festivals. THEREFORE, BE IT RESOLVED by Roanoke that: 1. The Roanoke Special Events Committee use of Victory Stadium and Armory on July 29, WHEREAS, the Roanoke Special Events Committee complies with the criteria for waiver of such fees set forth in Resolution No. 24982. WHEREAS, the Council of the City of 2, 1987, for a Country Livin' standard rental fees. 2. Such committee or its operate concessions shall be authorized 30, 31, and August 1 Festival and Fair with waiver of the designee shall be authorized to in conjunction with such festivals. and 3. The applicant organization shall furnish one or more public liabiity and property damage insurance contracts insuring the liabil- ity of such organization with regard to festival activities on or about July 29 through August 2, 1987, in the minimum amount of $1,000,000.00 per occurrence. The City shall be named as an addi- tional insured on such policies of insurance, and a certificate of insurance reflecting such coverage shall be filed with the City Clerk prior to July 29, 1987. 4. The applicant organization shall, and by execution of this resolution, does agree to indemnify and save harmless the City, its officers, agents and employees from any and all claims, legal actions and judgments advanced against the City and for expenses the City may incur in this regard, arising out of such organization's intentional acts or uegligent acts or omissions related to use of City facilities and property. 5. The applicant organization shall comply with all appli- Resolution No. 24982, dated cable terms and conditions of January 28, 1980. ATTEST: ~~ City Clerk. ACCEPTED AND EXECUTED by __ 1987. ATTE ST: the undersigned this c~ day of ROANOKE SPECIAL EVENTS COMMITTEE Title f/ //~ t~,/~ STATE OF VIRGINIA § § To-Wit: CiTY oF t-0o~:~_ § of Events Committee. ~ Commission expires: T~f~regoi?g instrument ~tas aek~owJedged before me this ~ay 1987, by /-J~.~r~ ~.~d~ and ' ~ ~l, on behalf of the Roanoke Special Notary Public, gl'FY C' ~1~'~ ,'~, , , ' ~ Roanoke, Virginia July 13, 1987 '87 J!!! -6 P3 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Waiver of Rental Fee for Use of Victory Stadium and Armory, by the Roanoke Special Events Committee I. Background: A. Roanoke Special Events Committee was appointed by City Council to plan and implement community-wide events. B. Family-type events must be planned and implemented, as well as adult events. Objectives of the Committee are to create entertaining and fun type events, attracting local citizens, as well as bringing thousands of other people into Roanoke. Do Country Livin' Festival is planned for Victory Stadium and Armory on July 29, 30, 31, and August 1 and 2, 1987, and is a fair-type event including carnival rides, crafts, and Old MacDonald's Farm, country foods, exhibitions, and shows. go Criteria established by Resolution No. 24982, for waiving fees for Victory Stadium's use has been met as the Committee is tax exempt. F. Net proceeds will be used by the Committee for ongoing events. Public liability insurance in an amount of $1,000,000 per occur- rence with the City of Roanoke named as a co-insured. In addi- tion, the Committee will agree to indemnify and hold harmless the City from potential liabilities. II. Issues: A. Criteria. B. Cost. III. Alternatives: Waive fees and grant concession rights to City Council's Roanoke Special Events Committee for the Country Livin' Festival on July 29, 30, 31, and August t and 2, 1987. Members of Council July 13, 1987 Page 2 1. Criteria: Committee would comply with all applicable terms and conditions set forth in Resolution No. 24982. Cost: Rental fees for Victory Stadium and Armory, in the amount of $375 per day, for the Country Livin~ Festival on July 29, 30, 31, and August 1 and 2, 1987, would be waived, as well as commissions on concessions. B. Do not waive fees or grant concession rights to City Council's Roanoke Special Events Committee. 1. Criteria: Would not apply. 2o Cost: Fee of $1,875 would be charged to a Council- appointed non-profit group planning community-wide events. IV. Recommendation is that Council concur with Alternative "A" and waive Victory Stadium and Armory rental fees and grant conces- sion rights to Roanoke Special Events Committee for the Country Livin' Festival on July 29, 30, 31, and August 1 and 2, 1987. Respectfully submitted, W. Robert Herbert City Manager WRH:LBJ:gs Attachment pc: City Attorney Director of Finance Director of Administration and Public Safety Manager, Parks and Recreation Carol Dalhouse, Special Events Committee Greg Feldmann, President, Roanoke Special Events Committee Roanoke Special Events Committem 210 Reserve Avenue, S. W. · Roanoke, Virginia 24016 · (703) 981-2889 July 13, 1987 Honorable Noel C. Taylor, Mayor and Members of Council Roanoke, Virginia Dear Members of Counci]: The Roanoke Specia] Events Committee requests that you provide a waiver of rental fees for the use of Victory Stadium and Armory in accordance with your Resolution No. 24982 of January 28, i980. This request is made for our annual Country Livin' Festiva] and Fair, July 29, 30, 31, amd August 1 and 2, 1987. We hope you will join us for the event. Your continued support wi]l enable us to present community- wide events for our citizens and to attract many visitors to our City. Sincerely, Greg ?eldmann~ President Roanoke Special Ew~nts Committee GF:tch Office of the City Clerk July 15, 1987 File #27-468B General Chemical Corporation P. 0. Bo~ 395 Parsippany, New Jersey 0705440395 Suffolk-Gowen Chemical Company, P. O. Bo~ 1606 Suffolk, Virginia 23434 [nc · Van Waters & Rogers. P. O. Box 18805 Greensboro, North Carolina 27419 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 28724, accepting your propo- sals for providing chemicals for water and sewage treatment to the City of Roanoke for the period July i, 1987 to June 30, 1988, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 13, 1987. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Kit Bo Kiser, Director of Utilities and Operations Mr. M. Craig Sluss, Manager, Water Production Mr. Steven L. Walker, Manager, Sewage Treatment Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Do Darwin Roupe, Manager, General Services and Room456 Municil:~alBuilding 215 Church A',~nue, S.W. Roanc~e, Vlrglnla2~11 (703)981-2541 Office of the City Cled~ July 15, 1987 File #27-468B Alchem, Inc. Route 2, Box 521-C Red Spring, North Carolina 28377 American Cyanamid Company P. 0. Box 32787 Charlotte, North Carolina 28232 Tennessee Chemical Company White Spot Supply, Inc. 3475 Lenox Road, N. E., Suite 670 Po 0. Box 1113 Atlanta, Georgia 30326 Salem, Virginia 24153 Southchem, lnc. Jones Chemical, Inc. P. O. Box 418 P.O. Box 30516 Forest, Virginia 24551 Charlotte, North Carolina 28230 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 28724, accepting certain bids for providing chemicals for water and sewage treatment to the City of Roanoke for the period July 1, 1987 to June 30, 1988, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 13, 1987. On behalf of the Council, I would like to express appreciation for submitting your proposal for supplying water and sewage treatment chemicals. Sincerely, ~t~.-,~ Mary F. Parke~', CMC City Clerk MFP:ra Enc. Room 456 Municipal I~ulldlng 2t5 (~urch A~,nue, S.W. I~xlnahe, Virginia 24011 (703) 98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1987. No. 28724. AN ORDINANCE accepting certain bids made for providing chemi- cals for water and sewage treatment; rejecting other bids; and providing for an emergency. BE lows: 1. IT ORDAINED by the Council of the City of Roanoke as fol- The following bids made to the City for providing, on a unit ment, tions being firm for one year Van Waters and l~ogers price basis, certain chemicals used in water and sewage treat- such bids being in full accord with the City's specifica- therefor and each bid being f.o.b, destination and such bids from July 1, 1987, Pi~C~UCT Liquid Chlorine Liquid Alton Standard Oround Alton General Chemical Corporation Su f folk-G~wen Chemical are hereby ACCEPTED: PRICE $45.00/cwt for 150 lb. cylinders $22.50/cwt for 2000 lb. cylinders $.3159 per gallon $281.80 per ton plus $5.00 per invoice for insurance surcharge 2. The City's Manager of rized and directed to issue the chemicals, such purchase orders General Services is hereby autho- requisite purchase orders for such to be made and filed in accordance with the City's specifications, the bidders' proposals made therefor and in accordance with this ordinance. 3. The other bids received for the supply of the aforesaid items are hereby REJECTED, and notify each said bidder and to ciation for such bids. 4. In order to provide the City Clerk is directed to so express to each the City's appre- 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. Roanoke, Virginia July 13, 1987 Honorable Mayor and City Council Roanoke, Virginia Dear Members of City Council: SUBJECTi BIDS FOR WATER AND SEWAGE TREATEMENT CHEMICALS I concur in the Bid Committee's recommendation for the purchase of Water and Sewage Treatment Chemicals. WRH/DDR/ms cc: City Attorney Director of Finance Respectfully submitted, Wo Robert Herbert City Manager Roanoke, Virginia July 13, 1987 Honorable Mayor and City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BIDS FOR WATER AND SEWAGE TREATHENT CHEMICALS I. BACKGROUND A. Funds are available in FY 87-88 operating budget account for the Water and Sewage Departments for the purchase of chemicals identified herein. B. Bids Request were sent specifically to twenty-five (25) firms that are currently on the City's bid list. C. Bids were received, after due and proper advertisement, and were publicly opened and read in the office of the Manager of General Services, at 2:00 p.m. on June 3, 1987. D. The bids are to serve the annual water and sewage treatment chemical requirements during the period July 1, 1987 through June 30, 1988. E. Bid tabulations are attached. II. CURRENT SITUATION A. Bids received were evaluated by representatives of the following departments: General Services Water Department Sewage Treatment Plant III. ISSUES A. Need B. Compliance with Specifications C. Fund Availability IV. ALTERNATIVES A. Accept the lowest responsible bids for supplying to the City of Roanoke, annual requirements for water and sewage treatment chemicals for the period July 1, 1987 to June 30, 1988, as follows: Honorable Mayor and City Council Page 2 IV. ALTERNATIVES Continued Liquid Chlorine - the lowest responsible bid as submitted by Van Waters and Rogers in the amount of $45.00 cwt for 150 lb cylinders and $22.50 cwt for 2,000 lb cylinders, price firm for one (1) year. Liquid Alum - the lowest responsible bid as submitted by General Chemical Corporation, in the amount of $.3159 per gallon, price firm for one (1) year. Standard Ground Alum - the lowest responsible bid as submitted by Suffolk-Gowen Chemical in the amount of $218.80 per ton plus $5.00 per invoice insurance surcharge, price firm for one (1) year. Need - these requested chemicals are necessary for the proper treatment of water and sewage. Compliance with Specifications - the bid recommended in this alternative are the lowest responsible bids meeting the City of Roanoke Specifications. Fund Availability - sufficient funds are budgeted in the Water and Sewage Funds for FY 87-88. B. Reject all bids. Need - the necessary treatment of water and sewage would not be accomplished with this alternative. 2. Compliance with Specifications - would not be an issue. 3. Fund Availability - budgeted funds would not be expended. V. RECO~94ENDATION Council concur with Alternative "A" award bids for supplying water and sewage treatment chemicals to the City of Roanoke for the period July 1, 1987 through June 30, 1988, as follows: Liquid Chlorine - to Van Waters and Rogers for $45.00 cwt for 150 lb cylinders and $22.50 cwt for 2,000 lb. cylinders. Liquid Alum - to General Chemical Corporation for $.3159 per gallon. Standard Ground Alum - to Suffolk-Gowen Chemical for $218.80 per ton plus $5.00 per invoice for insurance surcharge. B. Reject all other bids. Honorable Mayor and City Council Page 3 Respectfully submitted, Committee: Kit B. Kiser Cra i~u's~g~ D, Darwin Roupe DDR/ms cc: City Attorney Director of Finance Z 0 7 · k ~ o Z ~o ~o. Office of the 0~/Oerk July 15, 1987 File #144-472 Fulton Trucks, Inco P. 0. Box 6337 Roanoke, Virginia 24017 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 28726, providing for the purchase of refuse collection vehicular equipment for use by the City, in the amount of $130,649.00, which Ordinance was adopted by the Council of the City on Monday, July 13, 1987. of Roanoke Sincere ly, Mary F. Parker, City Clerk at a regular meeting held MFP:ra Enc. cc: Mr. Mr. W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. Donald E. Keaton, Manager, Refuse Collection Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. D. Darwin Roupe, Manager, General Services and I~xx'n456 MunlcipalBuildlng 215 Church Aves'~ue, S.W. Roanoke, Vlrglnk324011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1987. No. 28726. AN ORDINANCE providing for the purchase of refuse collection vehicular equipment for use by the City, upon certain terms and conditions, by accepting a bid made to the City for furnishing and delivering such equipment; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Fulton Trucks, Inc., made to the City offering to furnish.and deliyer to the City, f.o.b., Roanoke, Virginia, one cab/chassis for a 20 cubic yard body and one cab/chassis for a 25 cubic yard body for the sum of $130,649.00, including cost of performance bond, is hereby ACCEPTED. 2. The City's Manager of General Services is authorized and directed to issue the requisite purchase order therefor, incor- porating into said order the City's specifications, the terms of said bidder's proposal, and the terms and provisions of this ordinance. 3. In order to provide for the usual municipal government, ordinance shall be in daily operation of the an emergency is deemed to exist, and this full force and effect upon its passage. ATTEST: City Clerk. or, ce o~ ~ne 0~/ July 15, 1987 File #60-144-472 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28725, amending and reor- daining certain sections of the 1987-88 General Fund Appropriations, to provide for the purchase of refuse collection vehicular equipment for use by the City, in the total amount of $130,649.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 13, 1987. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Eno. cc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. Donald E. Keaton, Manager, Refuse Collection Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. D. Darwin Roupe, Manager, General Services and Room456 Munlclpal~ildlng 215Churc:hAve~ue, S.W. Roonoke, Vlrglnlo2~1011 (703)98%2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ]3th day of July, 1987. No. 28725. AN ORDINANCE to amend and reordain certain sections of the 1987-88 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 19.87-88 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: ApproDriations Public Works Refuse Collection (1) ........................... Fund Balance Capital Maintenance & Equipment Replacement Program - City Unappropriated (2) .............. (1) Vehicular Equip. (A001-052-4210-9010) $ 130,649 (2) CMERP - City Unappropriated (X001-3332) (130,649 $15,930,382 3,154,915 286,899 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Roanoke, Virginia July 13, 1987 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: BIDS TO PURCHASE REFUSE VEHICULAR EQUIPMENT BID NUMBER 87-2-5 I concur with the recommendation of the bid committee relative to the above subject and recommend it to you for appropriate action. Respectfully submitted, W. Robert Herbert City Manager WRR/DDR/ms cc: City Attorney Director of Finance Roanoke, Virginia July 13, 1987 Honorable Mayor and Members of City Council Roanoke, Virginia SUBJECT: BIDS TO PUIICIIASB REFUSE VEHICULAR EQUIPMENT BID NUMBER 87-2-5 I. BACKGROUND Funds have been designated in the Capital Maintenance and Equipment Replacement Program to purchase replacement refuse vehicular equip- ment. Be Designated equipment is to provide the City Refuse Collection Department with necessary equipment to perform assigned duties. Ce March 23, 1987, a bid committee report, accepted by Council, recom- mended that the truck cab/chassis be rejected and rebid in that all bids received took exceptions to the specifications. D. City Specifications were revised and readvertised on May 12, 1987. Bid request were sent specifically to nine (9) vendors listed on the City's current bid list. Bids were received in the Office of the Manager of General Services on May 29, 1987, at 2:00 p.m., at which time all bids so received were publicly opened and read. Bonds - Performance Bonds in the amount of the bid was specifically identified in the specifications. II. CURRENT SITUATION A. Two (2) Bid Responses were received which are as follows: Fulton Trucks, Inc. bid for 1 - cab/chassis for 20 cubic yard body - $63,361.00; 1 - cab/chassis for 25 cubic yard body - $66,888.00; Performance Bond - $400.00; total cost $130,649.00. 2. Rutrou~h-Mack, Inc. - unable to bid at this time. Manager of General Service - contacted all other suppliers to determine why no other bids were received. Verbal responses were, "unable to supply that size vehicle, factory will accept no special order this late in the model year, and too busy to respond". Honorable Mayor and City Council Page 2 Evaluation of bids was undertaken by representatives of the following departments: General Services Motor Vehicle Maintenance Refuse Collection III. ISSUES A. Need B. Timing C. Compliance with Specifications D. Fund Availability IV. ALTERNATIVES Council accept the bid meeting specifications, as submitted by Fulton Trucks, Inc., to provide two (2) refuse vehicle cab/chassis for a total cost of $130,649.00. Need - this alternative will allow for the continued support of Refuse Collection Department operations. Timing - will allow refuse packer equipment, already on order, to be mounted and these units to be placed in service without delay. Be Compliance with Specifications - the bid submitted by Fulton Trucks, Inc., meets all required specifications. 4e Fund availability - funds have been designated in the Capital Maintenance and Equipment Replacement Program. B. Reject all bids. Need - necessary support for the Refuse Collection Department would not be met. Timing - refuse packer equipment, already on order, could not be mounted on new cab/chassis and would have to be stored until vehicles re-bid. 3. Compliance with Specifications - would not be a factor in this alternative. Honorable Mayor and City Council Page 3 B. Reject all bids - continued Fund Availability - funds designated for this purchase would not be expended. Vo RECOMMENDATION City Council concur with Alternative "A" - accept the bid meeting specifications as submitted by Fulton Trucks, Inc., to provide two (2) new refuse vehicle cab/chassis for a total amount of $130,649.00. Council appropriate $130,649.00 from Capital Maintenance and Equipment Replacement Program to Refuse Collection Department account 001-052-4210-9010 to provide for this purchase. Respectfully submitted, William F. Clark DDR/ms cc: City Attorney Director of Finance Donald E. Keaton D. Darwin Roupe WILBURN C. DIBLING, JR, CITY ATTORNEy OFFICE OF THE CITY ATTORNEY ,~5.~ MUNICIPAL BUILDING July 13, 1987 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Supreme Court Ruling - First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, California Dear Mrs. Bowles and Gentlemen: On June 9, 1987, the United States Supreme Court decided the case of First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, California, which is of great interest to those involved in local land use regula- tion and has already generated much commentary and specula- tion. After reviewing the Court's decision, it is my opinion that the decision, while not the result desired by local government, is not as far-reaching as developers and their attorneys and some accounts in the press have suggested. By way of background, the Fifth Amendment of the United States Constitution states that private property may not be taken by government without the payment of just compensa- tion. It has long been recognized that excessive governmen- tal regulation may constitute a "taking" and that a permanent "taking" requires the payment of compensation. The sole issue in the Lutheran Chureh case was whether a temporary "taking" requires the payment of compensation. In its opinion (three of the nine Justices dissented), it strikes me that the Supreme Court was especially careful to limit its holding to the particular facts before it, which I outline here. In 1957, the church purchased land on which it operated a campground, known as "Lutherglen", as a retreat center and a recreational area for handicapped children. The land is located in a canyon along the banks of a creek that is the natural drainage channel for a water- shed area. In 1978, a flood destroyed Lutherglen's build- The Honorable Mayor of City Council July 13, 1987 and Members Page 2 ings. In response to the flood, Los Angeles County, in 1979, adopted an interim ordinance prohibiting the construc- tion or reconstruction of any buildings or structures in an interim flood protection area that included the land on which Lutherglen had stood. Shortly after the ordinance was adopted, the church filed suit in state court alleging, among other things, that the ordinance denied the church all use of Lutherglen, and seeking to recover monetary damage~' in "inverse condemnation" for such loss of use. The California courts assumed that the interim ordinance constituted a "taking" of the landowner's property, and the Supreme Court also assumed that a "taking" had occurred without attempting to define this important concept. Assum- ing a "taking" had occurred, the narrow issue before the Supreme Court was whether a temporary regulatory taking re- quires compensation. As to the compensation issue, the California courts had held that a landowner may not maintain an inverse condemna- tion suit based upon a "regulatory taking" of property, and that compensation is not required until the challenged regu- lation or ordinance has been held to be excessive by a court, and the government has nevertheless decided to continue the regulation in effect. On appeal, the United States Supreme Court reversed the California courts. It held that where "temporary regulatory takings", such as alleged by the church in this case, deny a landowner all uses of his property, then the just compensation clause of the Constitution per- mits the landowner to recover compensation from the govern- ment. Writing for a majority of the Court, Chief Justice Rehnquist said, "We merely hold that where the government's activities have already worked a taking of all use of pro- perty, no subsequent action by the government can relieve it of the duty to provide compensation for the period during which the taking was effective." (Emphasis added.) The majority of the Court is careful to limit its hold- ing to the specific facts presented, which involved an ordi- nance which allegedly denied a landowner all use of its pro- perty. It is significant in this particular case that the Supreme Court remanded the case to the California courts for a determination as to whether the church actually was denied all use of its property, and, indeed, whether there was a "taking" at all, or whether the county had a legitimate pub- Honorable Mayor and Members of City Council July 13, 1987 Page 3 lic purpose for its actions. The church will have to pre- vail on these issues before any determination of damage is made. In a sense, then, this case is not really a "taking" ease, in that it does not define or redefine what a taking is, but rather is one dealing with the issue of remedies, assuming that there has been a taking. In this instance, the Court determined that invalidation of the Los Angeles County ordinance (which was not sought) without payment of fair value for the assumed "taking" of the church's proper- ty before the invalidation of the ordinance would not be a constitutionally sufficient remedy. Therefore, the Court held, assuming a "taking", that a temporary "taking" of all uses of the church's property would require the payment -- of compensation. The Court's decision does not necessitate any immediate change in Roanoke's land use policies or practices. ¥~ile the Chief Justice opined that the holding will "lessen to some extent the freedom and flexibility of land-use planners and governing bodies of municipal corporations when enacting land-use decisions," he points out that it does not involve such things as "normal delays in obtaining building permits, changes in zoning ordinances, variances and the like." A case such as the California case is much less likely to occur in Virginia, as Virginia's Supreme Court has concluded that municipalities lack the authority to enact land use interim regulations or moratoria. This issue has been the subject of prior opinions from this Office, the latest being our September 8, 1986, opinion to Council that the City could not enact a moratorium on rezonings for new shopping centers for two to three years, in order to assess the viability of existing businesses in the City. This Office will continue to be sensitive to the issues raised in First Lutheran Church v. Los Angeles County, and has and will recommend preventive measures to minimize cir- cumstances where a landowner will be able to claim that his property has been "taken" by virtue of the effect of a City regulation. I do want you to be aware that the Supreme Court also decided on June 26, 1987, another significant land use "taking" case, Nollan v. California Coastal Com- mission. Once my Office has received a copy of this opinion and had the opportunity to review it, I will forward our observations to you. The Honorable Mayor of City Council July 13, 1987 and Members Page 4 I would be pleased to respond to any questions that the members of Council may have with regard to this ease. With kindest personal regards, I am WCD:WMH:ff Sincerely yours, Wilburn C. Dibling, Jr. City Attorney ee: W. Robert Herbert, City Manager John R. Ma rlles, Chief, Community Honorable Chairman and Members of Honorable Chairman and Members of Appeals Planning the Planning Commission the Board of Zoning Office af the City Cle,'k July 15, 1987 File #24-83 Mr. Wilburn C. Dibling, City Attorney Roanoke, Virginia Jr. Dear Mr. Dibling: I am attaching copy of Ordinance reenacting the Code of the City Ordinance was adopted by the Council regular meeting held on Monday, July No. 28727, readopting and of Roanoke (1979), which of the City of Roanoke at a 13, 1987. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra Eric. cc: Mr. W. Robert Herbert, City Manager Mr. Joel M. Schlanger, Director of Finance Mr. George Co Snead, Jr., Director of Administration and Public Safety Mr. M. David ftooper, Chief of Police Mr. Donald S. Caldwell, Commonwealth's Attorney Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 2401! The Honorable Kenneth E. Trabue, Chief Judge, Circuit Court, 305 East Main Street, Salem, Virginia 24153 The Honorable James W. Flippen, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable Jack B. Coulter, Judge, Circuit Court Room456 Munlci~x3JBulldlng 215C~urchAv~nue, S.W. Roanoke, VIrglnla24011 (703)981-2541 Mr. Wilburn C. Dibling, Page 2 July 15, ~987 Jr. cc: The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Roy B. Willett, Judge, Circuit Court The Honorable G. 0. Clemens, Judge, Circuit Court, P. 0. Box 1016, Salem, Virginia 24153 Miss Patsy Testerman, Clerk~ Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerkj General District Court Mr. Bobby D. Casey, Office of the Magistrate, P. 0. Box 13867~ Roanoke, Virginia 24037 Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie~ Vice President - Supplements, Municipal Code Corporation, P. 0. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1987. No. 28727. AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and providing for an emergency. WHEREAS, by Ordinance No. 25043, adopted April 7, 1980, this Council adopted and enacted a new code for the City of Roanoke entitled the Code of the City of Roanoke (1979) (hereinafter sometimes referred to as "City Code"); WHEREAS, sions which of Virginia WHEREAS, said Code, as amended, contains certain provi- incorporate by reference portions of the Code (1950), as amended, (hereinafter "State Code"); from time to time, certain of these State Code sections which are incorporated by reference in the City Code have been amended by the General Assembly; WHEREAS, such amendments are a matter of public record which are set forth in the Acts of Assembly and supplements and replacement volumes of the State Code; and WHEREAS, it is the desire of this Council that those provisions of the City Code which adopt by reference State Code provisions shall be fully consistent with the appli- cable State Code sections, as amended; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, a copy of which is on file in the City Clerk's Office, con- sisting of Chapters 1 through 36, each inclusive, is hereby readopted and reenacted. Such Code and amendments hereto- fore and hereafter adopted shall continue to be known as the Code of the City of Roanoke (1979), as amended. 2. With respect to sections or provisions of the State Code incorporated by reference in the City Code, Council recognizes any amendments made to such sections or provi- sions of the State Code by the most recent Session of the General Assembly and hereby expresses the intent and ordains that such amendments to sections or provisions of the State Code incorporated by reference in the City Code shall be included in the City Code verbatim as enacted by the most recent Session of the General Assembly. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall upon its passage. be in full force and effect ATTEST: City Clerk. WILBURN C. DIBLING, JR, CiTY ATTORNEY OFFICE OF THE CITY ATTORNEY July 13, 1987 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Reenactment of City Code Dear Mrs. Bowles and ~entlemen: It has been the recent custom of Council to reenact and recodify 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. This is a housekeeping procedure to insure that the ordinances codified in our City Code are not subject to challenge on the basis that State statutes incorporated by reference by City Council have been amended subsequent to Council action. As you know, the Code of the City of Roanoke (1979), as amended, incorporates by reference certain specific provisions of the Code of Virginia (1950), as amended. Incorporation by reference is frequently utilized in order to prevent having to set out lengthy provisions of State statutes in their entirety. The technique also insures that local ordinances are always consistent with the State ]aw as is generally required. The Attorney General has ruled that local governing bodies may adopt statutes by reference and may also adopt statutory amendments by reference, provided that the aetion by the local governing body is subsequent to the. action of the General Assembly. See Report of the Attorney General (1981-1982) at 272. By readopting and reenacting the Code The Honorable Mayor and Members of City Council Page 2 of the City of Roanoke (1979), as amended, the procedure recommended by the Attorney General will be followed. I recommend that Council adopt the attached ordinance to readopt and reenact the Code of the City of Roanoke (1979). With kindest personal regards, I am Sincerely yours. ~Vilburn C. Dibling, Jr. City Attorney WCDJr:fcf Attachment W. Robert Herbert, City Manager George C. Snead, Jr., Director, Administration and Public Safety Donald S. Caldwell, Commonwealth's Attorney M. David Hooper, Chief of Police Mary F. Parker, City Clerk Office o~ the July 15, 1987 File #42-255 Avis Construction Company, P. 0. ~ox 11985 Roanoke, Virginia 24022 Construction Services of Roanoke, 3812 Bunker Hill Drive, S. W. Roanoke, Virginia 24018 [ric. Ladies and Gentlemen: I am enclosing copy of Ordinance No. 28731, accepting the propo- sal of Building Specialists, Inc., for construction of a retail store in the Market Square Parking Garage for lease to Orvis Roanoke, Inc., in the total amount of $145,000.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 13, 1987. On behalf of the Council, I would like to express appreciation for submitting your proposal for construction of a retail store in the Market Square Parking Garage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Eric. Room456 Munlcipall]ulldlng 2'lSOnurchAve~ue, S.W.P, oanc~e, VIrglnla24011 (703)981-254t Office of the Oty Cle~ July 15, 1987 File #42-255 Building Specialists, Inc. 215 South Market Street Salem, Virginia 24153 Ladies and Gentlemen: [ am enclosing copy of Ordinance No. 28731, accepting your propo- sal for construction of a retail store in the Market Square Parking Garage for .lease to .Orvis Roanoke, Inc., in the total amount of $145,000.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 13, 1987. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enco cc: Mr. Mr. Mr. Mr. Ms. Ms. W. Robert Herbert, City Manager Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Sarah Eo Fitton, Construction Cost Technician Delores Co Daniels, Citizens' Request for Service Room456 MunlcipalBulldlng 215(31urchAven~e,S.W. Roono~e,¥1rglnla24011 (703)98~-2541 IN THE cOUNCIL OF THE CITY OF ROANOKE, The 13th day of July, 1987. No. 28731. VIRGINIA, AN ORDINANCE accepting the bid of Building Specialists, Inc., for construction of a retail store in the Market Square Parking Garage for lease to Orris Roanoke, Inc., 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. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Building Specialists, Inc., made to the City in the total amount of $145,000.00 for construction of a retail store in the Market Square Parking Garage for lease to Orris Roanoke, Inc. such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file is hereby ACCEPTED. 2. The City Manager or in the Office of the City Clerk, be and the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City, upon receipt from Orris Roanoke, Inc., of a letter of credit in the amount of $95,000.00 meeting the requirements of the City's June 25, 1987, Lease Agreement with Orris, to execute and attest, respectively, the requisite con- tract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for priated by Council. 3. Any and all other bids made to the City for the work are hereby REJECTED, and the City Clerk is directed out of funds heretofore or simultaneously appro- aforesaid to notify each such bidder and to express such bid. 4. In order to provide for municipal government, an emergency is deemed to exist, and nance shall be in full force and effect upon its passage. ATTEST: to each the City's appreciation for the usual daily operation of the this ordi- City Clerk. July 15, 1987 File #42-60-255 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28730, amending and reor- daining certain sections of the 1957-88 Capital Fund Appropriations, providing funds in connection with the bid of Building Specialists, Inc., for construction of a retail store in the Market Square Parking Garage for lease to Orvis Roanoke, Inc., in the total amount of $145,000.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 13, 1987. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra Enc. cc: Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Ms. Delores C. Daniels, Citizens' Request for Service Room 456 Municipal Bulk:ling 215 Ci'~urch Avenue, S.W. Rc~noke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1987. No. 28730. AN ORDINANCE to amend and reordain certain sections of the 1987-88 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1987-88 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations General Government Market Square Parking Garage (1-2) ................. Sanitation Sewage Lateral Replacement (3) ..................... Revenue $12,623,186 145,000 10,807,288 303,559 (1) Appr. from Gen. Revenue (2) Appr. from Third Party (3) Appr. from Gen. Revenue (4) Accts. Receivable- Orvis (5) Misc. Revenue - Orvis (A008-052-9591-9003 (A008-052-9591-9004 (A008-056-9550-9003 (X008-1183) (R008-008-1234-1079 $ 50,000 95,000 (50,000) 95,000 95,000 Accounts Receivable - Orvis Market Sq. Parking (4). $ 95,000 Misc. Revenue - Orvis Market Sq. Parking (5) ....... 95,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Roanoke, Virginia July 13, 1987 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Orvis - Roanoke Market Squarer Parking Garage 17 East Campbell Avenue Roanoke, Virginia I concur with the recommendations of the attached Bid Committee Report. WRH/LBC/mm Attachment: cc: Bid Committee Report City Attorney Director of Finance Budget and Systems Citizens' Request for Service City Engineer Construction Cost Technician Respectfully submitted, W. Robert Herbert City Manager Roanoke, Virginia July 13, 1987 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Orvis - Roanoke Market Square Parking Garage 17 East Campbell Avenue Roanoke, Virginia I. Background: Bids for the construction of the Orvis - Roanoke retail store in the Market Square Parking Garage were publicly opened and read aloud by the Manager of General Services in his office at 2:00 p.m. on Monday, July 6, 1987. Three (3) bids were received with Building Specialists, Inc., of Salem, Virginia, submitting the low bid of $145,000.00 and fifty (50) calendar days construction time. Project consists of the construction of a retail store in the three store spaces of Market Square Parking Garage. The pro- ject was designed for Orvis by Robert G. Lyon Associates, Inc., Architects/Design Group of Chicago, Illinois, and reviewed by the City Engineer's Office for compliance with the City of Roanoke bid requirements. City's Lease Agreement with Orvis Roanoke Inc., requires Orvis to deliver to the City an irrevocable letter of credit in favor of the City in an amount equal to Orvis's portion of the contract, which is $95~000.00. II. Issues in order of importance are: A. Compliance of the bidders with the requirements of the contract documents. B. Amount of the low bid. C. Fundin~ of the project. D. Time of completion. Page 2 III. Alternatives are: Award a lump sum contract in the amount of $145~000.00 and fifty (50) consecutive calendar days to Building Specialists, Inc., of Salem, Virginia, according to the contract documents as prepared by Robert G. Lyon Associates, Inc., Architects/Design Group of Chicago, Illinois, and by Office of City Engineer, Roanoke, Virginia. 1. Compliance of the bidders with the requirements of the contract documents was met. 2. Amount of the low bid is acceptable. Fundin~ shall be furnished by Orvis and the City of Roanoke. The City of Roanoke is tn provide $50~000.00 for the permanent improvements made to the retail space and Orvis is to provide the remaining funding. The $50~000.00 is available in account number 008-056-9550-9065. Time of construction is quoted as fifty (50) consecutive calendar days. Orvis had hoped to occupy the premises by Labor Day. Quoted time is acceptable. B. Reject the bids and do not award a contract at this time. 1. Compliance of the bidders with the requirements of the contract documents would not be an issue. 2. Amount of the low bid would probably change if re-bid at a later date. 3. Fundin~ would not be encumbered at this time. 4. Time of completion would be extended and would not per- mit Orvis to move in in the early fall. IV. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative A. Authorize the City Manager upon receipt of the required letter of credit in the amount of $95~000.00 from Orvis, to enter into a contractural agreement with Building Specialists, Inc. of Salem, Virginia, for the construction of Orvis - Roanoke Retail spaces in the Market Square Parking Garage according to the contract documents as prepared by Robert G. Lyon Associates, Inc., Architects/Design Group of Chicago, Illinois, and the City Engineer's Office of Roanoke, Virginia for the sum of $145~000.00 and fifty (50) con- secutive calendar days. Page 3 Authorize the Director of Finance to establish an account receivable for $95~000.00 to be received from Orvis. Appropriate $145~000.00 in an account to be established by the Director of Finance, $95~000.00 from Orvis and the transfer of $50~000.00 from Capital Fund Account Number 008-056-9550-9065 to the new project account. E. Reject the other bids received. Respectfully submitted, W. Robert Herbert Kit B. Kiser RAG/LBC/mm Attachment: Tabulation of Bids cc: Director of Finance City Attorney Budget and Systems Citizens' Request for Service City Engineer Construction Cost Technician William F. Clark TABULATION OF BIDS ORVIS - ROANOKE MARKET SQUARE PARKING GARAGE 17 EAST CAMPBELL AVENUE ROANOKE, VIRGINIA Bids opened by General Services at 2:00 p.m. on Monday, July 6, 1987. LUMP SUM BID NO. of BID BIDDER - DEDUCTION DAYS BOND Building Specialists, Inc. $149,000.00 50 YES - 4~000.00 $145,000.00 Avis Construction Co., Inc. $151,500.00 60 YES - 5~500.00 $146,000.00 * Construction Services of $168,500.00 49 YES Roanoke, Inc. - 3~000.00 $165,500.00 Three exceptions taken to the base bid: 1. Store front metal delivery. 2. Vinyl wall covering in sales area quoted at $20.00 per role. 3. $3,000.00 allowed for three Orvis signs. Kit B. K~ser W. Robert Herbert William F. Clark Robert G. Lyon Associates, Architects/Design Group 470 N. Milwaukee Avenue Chicago, Illinois 60610 Office of City Engineer Roanoke, Virginia July 13, 1987 INVITATION TO BID (Legal Advertisement) CITY OF ROANOKE, VIRGINIA ORVIS - ROANOKE MARKET SQUARE PARKING GARAGE 17 EAST CAMPBELL AVENUE ROANOKE, VIRGINIA The legal advertisement for this project was published in the Roanoke Times and World News on June 12, 1987. Please note the following changes to the advertisement: Sealed bids for this project will be received by the City of Roanoke in the Office of Purchasing and Materials Control by D. D. Roupe, Manager, General Services, Room 453, Municipal Building, Roanoke, Virginia 24011, until 2:00 p.m., local time on Monday, July 6, 1987. All bids so received will be publicly opened and read aloud at the same date and hour. A pre-bid conference will be held at the project site, 17 East Campbell Avenue, Roanoke, Virgina, starting at 2:00 p.m., Tuesday, June 30, 1987. The remainder of the legal advertisement shall remain and apply as published. Date William F. Clark Director of Public Works Office of the Oty C~e~ July 15, 1987 File #9 Mr. Jack L. Shelton 1041 Broad Hill Drive Vinton, Virginia 24179 Dear Mr. Shelton: I am enclosing copy of Resolution No. 28734, commending the mem- bership of the Airport Advisory Commission for their meritorious service to the City and the traveling public, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 13, 1987. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Eric. Room456 Municll:~alBuilding 215~rd'~Avenue,$.W. Roanoke, ¥1rglnlo 24011 (703)981-2541 Office of ~ne O~y Oer~ July 15, 1987 File #9 Mr. Thomas C. Cook 715 West Main Street Salem, Virginia 24153 Dear Mr. Cook: I am enclosing copy of Resolution No. 28734, commending the mem- bership of the Airport Advisory Commission for their meritorious service to the City and the traveling public, which Resoluti.on was adopted by the Council of the City of Roanoke meeting held on Monday, July 13, 1987. Sincerely, ~~ Mary F. Parker, CMC City Clerk at a regular MFP:ra Enc. 456 Munl¢il:~ol Building 215 ~ Av~'~ue, $.W. Roono~e, Virginia 24011 (703) 981-2541 Office cfi the 0~ Oer~ July 15, 1987 File #9 Mr. Lee Garrett 4501 Steele Road, S. W. Roanoke, Virginia 24018 Dear Mr. Garrett: I am enclosing copy of Resolution No. 26734, core, ending the mem- bership of the Airport Advisory Commission for their meritorious service to the City and the traveling public, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 13, 1987. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc. Room 456 Municipal Building 2t5 Q~urch Av~'~ue, S.W. P, oonc~,~, Virginia 24011 (703) 981-254t ~'flce of ~e ~/~e~ July 15, 1987 File #9 Dr. William R. VanDresser VPI & SU 210 G. Burruss lfall Blacksburg, Virginia 24061 Dear Dr. VanDresser: I am enclosing copy of Resolution No. 28734, cor~mending the mem- bership of the Airport Advisory Cow£aission for their meritorious service to the City and the traveling public, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 13, 1987. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra Enc. Room 456 MunlcJlDal Building 215 Chura~ Avenue, S.W. I~,onoi~, Vlrglnlo 24011 (703) 98t-254t July 15, 1987 File #9 Mr. Claude D. Carter Route ~, Box 407 Daleville, Virginia 24083 Dear Mr. Carter: I am enclosing copy of Resolution No. 25734, commending the mem- bership of the Airport Advisory Commission for their meritorious seryice to the City and the traveling was adopted by the Council of the City ~eeting held on Monday, July 13, 1987. public, which Resolution of Roanoke at a regular Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra Enc. Room 456 Munldpal Building 215 Church A,,~nue, S.W. Roonc~e, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of July, 1987. No. 28734. VIRGINIA, A RESOLUTION commending the membership of the Airport Advisory Commission for their meritorious service to the City and the traveling public. WHEREAS, this City owned and operated Roanoke Regional Airport, Woodrum Field, for the benefit of the entire Roa- noek Valley and the traveling public until July 1, 1987; WHEREAS, on October 7, 1968, this Council created an Airport Advisory Commission to act in an advisory capacity to it in matters relating to the operation, use, development and improvement of the Airport; WHEREAS, the Airport has grown and flourished under the able leadership of the Members of the Airport Advisory Com- mission who have made a considerable contribution of their management skills and time; WHEREAS, effective July 1, 1987, ownership and operation of the Airport passed to the Roanoke Regional Airport Commis- sion, an independent political subdivision of the Commonwealth; and WHEREAS, the members of the Airport Advisory Commission have served with dedication and loyalty, and each has made a public spirited contribution to this City, the entire Roanoke Valley and the general traveling public; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this means of recognizing the public- spirited contribution, which has been essential to the advance- ment of the Roanoke Regional bets and liaison members of who have served from the day Airport, of the following mem- the Airport Advisory Commission of initial appointment noted after each name: Carter L. Burgess (September 10, 1984); William M. Claytor (August 22, 1983); A. Byron Smith (August 9, 1982); Claude N. Smith (February 5, 197§); Jack C. Smith ~October 7, 1968); Sidney A. Weinstein (September 27, 1976); Martha W. Zillhardt (October 7, 1968); James G. Harvey, II, City Council Liaison Member (September 8, 1980); Claude Carter, Botetourt County Liaison Member; Thomas Cook, City of Salem Liaison Member; Lee Ca rrett, Roanoke County Liaison Member; Jack L. Shelton, Town of Vinton Liaison Member; and Dr. William VanDresser, Montgomery County Liaison Member. copy of sons. The City Clerk is directed to forward an attested this resolution to each of the aforementioned per- ATTEST: City Clerk. Ofl~ce c~ the City Geck July 15, 1987 File #60-236-304 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28718, amending and reor- daining certain sections of the 1987-88 General and Grant Fund Appropriations, providing for~ the acceptance of Office on Youth Grant #87-I-88 from the State Department of Corrections, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 13, 1987. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enco cc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. John R. Marlles, Chief of Community Planning Mr. James D. Ritchie, Director of Human Resources Ms. Marion V. Crenshaw, Youth Planner Room 456 Municipal Building 215 C~rch Avenue, S.W. I~:~'~:~e, Virginia 24011 (703) 981-2541 1987-88 General an emergency. WHEREAS, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of July, 1987. No. 28718. AN ORDINANCE to amend and reordain certain sections of the and Grant Funds Appropriations, and providing for for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1987-88 General and Grant Funds Appropriations, be, and the same ~re hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Nondepartmental Transfers to Other Funds (1) ........................ Community Development Community Planning (2) .............................. $10,562,721 8,508,011 945,700 253,706 Grant Fund Appropriations Youth Services Grant 87-I-8 Revenue Youth Services Grant 87-I-8 (3-12) .................. $ (13-14) ................. $ 46,516 46,516 (1 (2 (3 (4 (5 (6 (7 (8 (9 (10 (11) (12 (13 (14 Transfers to Grant Fund Transfers to Grant Fund Reg. Employee Salaries Salary Supplement ICMA RC Retirement FICA Hospital Ins. Life Insurance Telephone Admin. Supplies Training & Devel. Management Srvcs. State Grant Receipts Local Match (001-004-9310-9536) $ 10,000 (001-052-8110-9536) ( (035-052-8824-1002) (035-052-8824-1050 (035-052-8824-1115 (035-052-8824-1120 (035-052-8824-1125 (035-052-8824-1130 (035-052-8824-2020 (035-052-8824-2030 (035-052-8824-2044 (035-052-8824-7015 (035-035-1234-7007 (035-035-1234-7008 10,000) 33,399 900 2,568 2,288 938 296 1,528 2,640 1,185 774 36,516 10,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Roanoke, Virginia July 13, 1987 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Office on Youth Grant #87-I-88 I. Back~round: June 17, 1980, Youth Grant first officially awarded to the City under the Virginia Delinquency Prevention and Youth Development Act of 1979. May 4, 1987, FY 87-88 Youth Grant application was submitted to City Council. Youth Grant provides for continuation of coordinated planning and program implementation of the Office on Youth. D. Youth Grant budget provides: Budget Category Local Match State Funds Cash In-Kind Total Personnel 34,241.00 5,248.00 39,489.00 Consultants -0- -0- -0- Travel & Education Training 735.00 1,350.00 2,085.00 Rent 2,172.00 2,172.00 Supplies/Operating Expenses 1,540.00 3,402.00 4,942.00 $36,516.00 $10,000.00 $2,172.00 $48,688.00 Fundin~ for local cash match is included in the FY 87-88 Community Planning budget ($10,000.00) in Account Number 001-052-8110-9536. Members of Council July 13, 1987 Page 2 II. Current Situation: III. IV. A. Youth Grant application has been awarded (See Attachment A.) B. State fundin~ is in the amount of $36,516.00. C. Council acceptance of State fundin~ and appropriation of local cash match is needed if the Office on Youth program is to continue after June 30, 1987. Issues: A. Cost B. Continuity C. Staff D. Impact on future City Budgets Alternatives: A. Authorize the City Manaser to accept the Youth Grant from the State Department of Corrections. 1. Cost (local) of Office on Youth in Fiscal Year 1987-88 is $10,000, which has been appropriated in the FY 1987-88 budget. 2. Continuity of program would be maintained. 3. Staff consisting of Youth Planner and Administrative Secretary, will continue under the direction of the Chief of the Office of Cozmmunity Planning. 4. Impact on future City budgets would mean continued City match of 25 percent of total budget for the Office on Youth. B. Do not authorize the City Manager to accept the Youth Services Grant from the State Department of Corrections. 1. Cost would not be an issue at this time. 2. Continuity would be questionable. 3. Staff consisting of Youth Planner and Administrative Secretary would be contingent upon the availability of another funding source. Members of Council July 13, 1987 Page 3 Impact on future Cit~ budgets would be the possibility of more than the 25 percent contribution towards maintenance of the program. IV. Recommendations: It is recommended that City Council adopt Alternative A which will authorize the following: Acceptance of Department of Corrections Grant #87-I-88 through the execution of the proper forms by the City Manager or his designated representative. Appropriation of $46,516.00 to accounts to be established by the Director of Finance for the program, $36,516.00 will be refunded by the Department of Corrections. Authorize the transfer of $I0,000 from the Community Planning budget, Account Number 001-052-8110-9536 to this program as the City's cash match needed to operate the program for FY 87-88 to the Grant Program Fund. Respectfully submitted, W. Robert Herbert City Manager WRH/kds cc: Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Resources Chief of Community Planning